Supreme Court

Case: 11-0050    
11-0050
01/25/2011
Petition for Review/Cause under Rule 53.1
FPL ENERGY, LLC, FPL ENERGY PECOS WIND I, L.P., FPL ENERGY PECOS WIND II, L.P., AND INDIAN MESA WIND FARM, L.P. 
TXU PORTFOLIO MANAGEMENT COMPANY, L.P. N/K/A LUMINANT ENERGY COMPANY, LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/16/2013Letter brief Respondent Respondent TXU Portfolio Management Co., L.P.'s Letter in Reply to FPL's Response Letter filed on 12.14.12.
12/14/2012Letter brief Petitioner Petitioner FPL Energy LLC, et al.'s Letter in Response to TXU's Post-Submission Letter Brief.
11/30/2012Post submission brief filedRespondent Post-Submission Letter Brief filed on behalf of  TXU Portfolio Management Company.
10/15/2012Exhibits in case/cause filedRespondent Exhibits Tendered for Oral Argument filed on behalf of Respondents TXU Portfolio Management Company, L.P., et al. (HARD COPIES REC'D)
01/24/2012Reply BriefPetitioner Petitioners FPL Energy, LLC, et al.'s Reply Brief on the Merits.  (HARD COPIES REC'D)
12/23/2011Brief on the MeritsRespondent Response brief on the merits filed on behalf of TXU Portfolio Management Company, L.P., et al.  HARD COPIES RECEIVED.
11/18/2011Fully hyperlinked brief filedPetitioner HYPERLINKED BRIEF  Petitioner's Brief on the Merits filed on behalf of FPL Energy, LLC.
11/03/2011Brief on the MeritsPetitioner Petitioners FPL Energy LLC, et al.'s Brief on the Merits.  HARD COPIES RECEIVED.
08/01/2011Reply to ResponsePetitioner Reply in support of Petition for Review.  Filed on behalf of FPL Energy LLC, et al. HARD COPIES REC'D)
07/15/2011Response to PetitionRespondent Response to Petition for Review filed on behalf of TXU Portfolio Management Company, LP., et al. (HARD COPIES REC'D)
06/10/2011Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amicus Brief American Wind Energy Company LLC in support of Petition for Review.  Submitted by Gene Grace, 1501 M Street NW Suite 1000, Washington DC, 2005. [202] 383-2529.
05/03/2011Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of REC Stakeholders submitted by Pamela Stanton Baron, Post Office Box 5573, Austin, TX 78763 (512) 479-8480. (12)
04/13/2011Appendix FiledPetitioner Appendix attached. (hard copies received)
04/13/2011Petition for ReviewPetitioner Petition for Review filed on behalf of FPL Energy, LLC, FPL Energy Pecos Wind I, L.P., FPL Energy Pecos Wind II, L.P. and Indian Mesa Wind Farm, L.P. (hard copies received)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/28/2011Motion for Extension of Time disposed.Filing granted Motion for Extension of time granted.  Reply Brief is due January 24, 2012.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
12/28/2011Motion for Extension of Time to File Brief filed  E-FILED  Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of FPL Energy.
12/23/2011Brief on the Merits  Response brief on the merits filed on behalf of TXU Portfolio Management Company, L.P., et al.  HARD COPIES RECEIVED.
12/14/2012Letter brief   Petitioner FPL Energy LLC, et al.'s Letter in Response to TXU's Post-Submission Letter Brief.
11/30/2012Post submission brief filed  Post-Submission Letter Brief filed on behalf of  TXU Portfolio Management Company.
11/18/2011Fully hyperlinked brief filed  HYPERLINKED BRIEF  Petitioner's Brief on the Merits filed on behalf of FPL Energy, LLC.
11/16/2011Motion for Extension of Time disposed.Filing granted Motion for Extension of Time granted.  Response Brief is due December 23, 2011.  Reply Brief is due January 9, 2012.  Further requests for extenions of time for this filing will be disfavored.
11/14/2011Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file response brief on the merits filed on behalf of TXU Portfolio Mgmt. Co., LP.
11/03/2011Brief on the Merits  Petitioners FPL Energy LLC, et al.'s Brief on the Merits.  HARD COPIES RECEIVED.
10/15/2012Oral argument   argued on behalf of petitioners by Nina Cortell; argued on behalf of resopndents by James C. Ho
10/15/2012Exhibits in case/cause filed  Exhibits Tendered for Oral Argument filed on behalf of Respondents TXU Portfolio Management Company, L.P., et al. (HARD COPIES REC'D)
10/04/2011Motion for Extension of Time disposed.Filing granted Petitioners FPL Energy LLC, et al.'s Unopposed Second Motion for Extension of Time to file its Brief on the Merits granted.  Petitioners' brief due 11/3/11; Response brief due 11/23/11; Reply brief due 12/8/11.  Further requests for extensions of time will be not be considered.
10/03/2011Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of FPL Energy, LLC.
09/09/2011Corrected Notice sent to all counsel  Correction made to letter.  Response brief due November 8, 2011 (not November 18).  
09/07/2012Corrected Notice sent to all counsel  Corrected letter sent to parties to reflect oral argument set for 10/15/12.  
09/07/2012Call received  Call received from Ryan Paulsen to verify that oral argument is set for 10/15/12, not 10/17/12 per event entry on webpage.  Verified that oral argument is set for 10/15/12.  Updated entry to reflect correct date.
09/06/2012Phone call from Clerk's Office  Call made to attorneys to let them know the Court granted the motion to postpone oral argument and reset of argument on 10/15/12 at 9:00 a.m.  Left messages.
09/06/2012Motion to re-set submission date disposedFiling granted Unopposed Emergency Motion to Postpone Oral Argument Setting granted.  Cause reset for 10/15/12 at 9:00 a.m.
09/04/2012Response to Motion filed  Response to Emergency Motion to Postpone Oral Argument Setting filed on behalf of FPL Energy, LLC, et al.
09/04/2012Motion to re-set submission date filed.  Unopposed Emergency Motion to Postpone Oral Argument Setting filed on behalf of FPL Energy, LLC, et al.
09/02/2011Motion for Extension of Time disposed.Filing granted Petitioners FPL Energy LLC, et al.'s Unopposed Motion for Extension of Time to file its Brief on the Merits granted.  Petitioners' brief due 10/19/11; Response brief due 11/8/11; Reply brief due 11/23/11.  Further requests for extensions of time will be disfavored.
08/31/2011Motion for Extension of Time to File Brief filed  E-FILED  Petitioners FPL Energy LLC, et al.'s Unopposed Motion for Extension of Time to file its Brief on the Merits. (HARD COPIES REC'D)
08/24/2011Case Record Filed   CLKS REC (53) VOLS, REPS REC (7) VOLS=1-27, EXHIBITS (20) VOLS=28-47, ANTS BR, APES BR, ANTS REPLY BR, REPLY BR CROSS-ANT, APES MO/RE, MISC FOLDER, JUDGEMENT, OPINION (AF/RV/RM) OPINION ON REHEAR-DENIED
08/19/2011Record Requested in Case 
08/19/2011Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than 3:00 p.m. on 9/19/11; Response brief due 10/10/11; Reply brief due 10/25/11; mailbox rule does not apply
08/01/2011Reply to Response  Reply in support of Petition for Review.  Filed on behalf of FPL Energy LLC, et al. HARD COPIES REC'D)
07/27/2012Oral Argument Submission Form from Attorney received  Oral Argument Submission Form Submitted by respondent attorney, James C. Ho, of Gibson, Dunn and Crutcher, LLP of Dallas, TX
07/23/2012Oral Argument Submission Form from Attorney received  Oral argument submission form submitted by petitioner attorney Nina Cortell of Haynes and Boone, LLP of Dallas, TX
07/22/2011Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice of Gene Grace granted.  
07/22/2011Pro hac vice motion disposedFiling granted In-State Attorney Ms. Anne M. Johnson's Motion in support of Gene Grace's Motion to Admit Pro Hac Vice granted
07/20/2011MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply to Response to Petition for Review granted.  Reply due 8/5/11.
07/20/2011Motion to Extend Time to File Reply filed  E-FILED  Unopposed Motion for Extension of Time to file Reply to Response to Petition for Review. On behalf of FPL Energy LLC., et al. (HARD COPIES REC'D)
07/15/2011Response to Petition  Response to Petition for Review filed on behalf of TXU Portfolio Management Company, LP., et al. (HARD COPIES REC'D)
07/12/2011Notice requesting filing fee  SECOND AND FINAL FEE REQUEST SENT TO AMICUS ATTORNEY MR. GRACE.
07/09/2014Case Stored  G02 Row 29 A-2
06/28/2011Notice requesting filing fee  $10 filing fee request sent to Mr. Grace.
06/22/2012Case set for oral argumentCase set for oral argument Oral argument set for 9 a.m. on 9/13/12; time allotted to argue:  20/20 minutes
06/22/2011Phone call from Clerk's Office  to Mr. Grace to inquire the status of $10 filing fee for his motion pro hac vice.  He said that it will be send right away.
06/20/2011Pro hac vice motion filed  E-FILED  In-State Attorney Ms. Anne M. Johnson's Motion in support of Gene Grace's Motion Pro Hac Vice.  On behalf of FPL Energy LLC, et al. (HARD COPIES RECEIVED)
06/10/2011Phone call from Clerk's Office  to Mr. Gene Grace to inform him that still he needs to send us an additional motion in support of his mo pro hac vice and this motion needs to be signed by in-state attorney.  In addition, the filing fee for each motion is $10, which he needs to submit.
06/10/2011Pro hac vice motion filed  Motion for Admission Pro Hac Vice of Gene Grace.  (3)
06/10/2011Amicus Curiae Brief received  Brief of Amicus Brief American Wind Energy Company LLC in support of Petition for Review.  Submitted by Gene Grace, 1501 M Street NW Suite 1000, Washington DC, 2005. [202] 383-2529.
06/09/2011Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time to file requested response to petition for review granted.  Requested response to petition due 7/27/11; mailbox rule does not apply.  Further requests for extensions of time will be disfavored.
06/09/2011Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to File Response filed on behalf of TXU Portfolio management Company, L.P., et al. (2)
05/26/2011Supreme Court of Texas Requested Response  Requested response to petition for review due no later than 3:00 p.m. on 6/27/11; mailbox rule does not apply
05/11/2012Notice from attorney regarding vacation dates  Ms. Nina Cortell's Vacation Notice: October 13-27, 2012.  Filed on behalf of FPL Energy, LLC.
05/09/2014Record returned to Court of Appeals  Record returned to the Fifth Court of Appeals via LoneStar Overnight (Air bill# Z0902590, Z0902591, Z0902592, Z0902593, Z0902594, Z0902595, Z0902596).
05/03/2011Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of REC Stakeholders submitted by Pamela Stanton Baron, Post Office Box 5573, Austin, TX 78763 (512) 479-8480. (12)
05/01/2014Mandate issued  Mandate and Cost Bill Issued
04/26/2011Case forwarded to Court 
04/22/2011Response Waiver filed  Response waiver filed on behalf of TXU Portfolio Management Company, LP. (hard copies received)
04/13/2011Appendix Filed  Appendix attached. (hard copies received)
04/13/2011Petition for Review  Petition for Review filed on behalf of FPL Energy, LLC, FPL Energy Pecos Wind I, L.P., FPL Energy Pecos Wind II, L.P. and Indian Mesa Wind Farm, L.P. (hard copies received)
03/21/2014Court approved judgment sent to attorneys of recordIssued
03/21/2014Opinion issuedCourt of Appeals' judgment affirm and reverse in part; remand to court of appeals The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to that court. Justice Green delivered the opinion of the Court.

(3/21/2014 10:27:55 AM) 11-0050.jmt.pdf, 110050.pdf
03/11/2011Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due April 14, 2011.  Further requests for extension of time for this filing will be disfavored.
03/11/2011Second Motion for Extension of Time to File Petition for Review filed  Unopposed motion for second extension of time to file petition for review (2) filed on behalf of FPL Energy, LLC, et al.
02/24/2012Returned document(s). See Remarks.  Returned $75 check # 1419476 along with letter to Mr. Benjamin Mesches in re:  oral argument.
02/17/2012Petition for Review granted 
02/17/2012Petition for Review disposedFiling granted oral argument date and time to be determined.
01/28/2013Letter Filed  Letter in response to TXU's Supplemental Letters. On behalf of FPL Energy LLC, et al.
01/27/2011Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due March 30, 2011.
01/25/2011Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to File Petition for Review on behalf of FPL Energy, LLC, et al. (2)
01/24/2012Reply Brief  Petitioners FPL Energy, LLC, et al.'s Reply Brief on the Merits.  (HARD COPIES REC'D)
01/16/2013Letter brief   Respondent TXU Portfolio Management Co., L.P.'s Letter in Reply to FPL's Response Letter filed on 12.14.12.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/09/2014Case StoredCase stored.G02 Row 29 A-2
Parties
Party▲▼Party Type▲▼Representative▲▼
American Wind Energy Company LLCAmicus CuriaeMr. Gene Grace
TXU Portfolio Management Company, L.P.RespondentMr. Lawrence J.C. VanDyke
Mr. Daniel L. Gus
Mr. James C. Ho
Mr. James W. Walker
FPL Energy, LLCPetitionerMs. Anne McGowan Johnson
Mr. Jeffrey M. Tillotson
Mr. Ben L. Mesches
Ms. Nina Cortell
Mr. A. Ryan Paulsen
Mr. John D. Volney
REC StakeholdersAmicus CuriaeMs. Pamela Stanton Baron
Court of Appeals Information:
Aff/Rev & Rend/Rev & Rem 
328 SW3d 580, 07-27-10 
5th Court of Appeals 
Honorable Joseph Morris 
Trial Court Information
116th District Court 
Dallas 
Honorable Bruce Priddy 
04-10314-F