Supreme Court

Case: 11-0332    
11-0332
05/06/2011
Petition for Review/Cause under Rule 53.1
ROBERT MASTERSON, MARK BROWN, GEORGE BUTLER, CHARLES WESTBROOK, RICHEY OLIVER, CRAIG PORTER, SHARON WEBER, JUNE SMITH, RITA BAKER, STEPHANIE PEDDY, BILLIE RUTH HODGES, DALLAS CHRISTIAN, AND THE EPISCOPAL CHURCH OF THE GOOD SHEPHERD 
THE DIOCESE OF NORTHWEST TEXAS, THE REV. CELIA ELLERY, DON GRIFFIS, AND MICHAEL RYAN 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/06/2013Response to Motion for RehearingPetitioner Response to Motion for Rehearing. On behalf of Robert Masterson, et al.
10/18/2013Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of The Diocese of Northwest Texas, et al.
01/29/2013Post submission brief filedPetitioner Post Submission Letter Brief filed on behalf of Robert Masterson, et al.
10/31/2012Post submission brief filedRespondent Post Submission Letter filed on behalf of The Diocese of Northwest Texas, et al.
09/10/2012Additional citations received.Petitioner Petitioners' Letter Brief to advise the Court of four additional court opinions relevant to this case. On behalf of Robert Masterson et al.
05/10/2012Additional citations received.Respondent Additional case law filed on behalf of The Diocese of Northwest Texas, et al.
04/04/2012Fully hyperlinked brief filedAmicus Curiae HYPERLINKED COPY of Amicus Brief of United Methodist Church, Inc.
02/23/2012Amicus Curiae Brief receivedReceived (instead of filed) E-FILED  Amicus Curiae Brief of the Presbyterian Lay Committee.  Submitted by David B. West of COX SMITH, 112 E. Pecan Street Suite 1800, San Antonio TX 78205, (210) 554-5500; and Lloyd J. Lunceford of TAYLOR, PORTER, BROOKS & PHILLIPS, L.L.P., P.O. Box 2471, Baton Rouge LA 70821, (225) 387-3221.  (HARD COPIES REC'D)
02/22/2012Amicus Curiae Brief receivedReceived (instead of filed) E-FILED  Brief of Amicus Curiae The Episcopal Diocese of Forth Worth. Submitted by Scott A. Brister of Andrews Kurth LLP 111 Congress Avenue Suite 1700, Austin Texas 78701, 512.320.9200.  (HARD COPIES REC'D)
02/21/2012Amicus Curiae Brief receivedReceived (instead of filed) E-FILED Brief of Amici Curiae General Council on Finance and Administration of The United Methodist Church, Inc., et al. Submitted by Thomas S. Leatherbury of Vinson & Elkins LLP, 2001 Ross Ave. Ste. 3700, Dallas TX 75201, 214.220.7792 AND Douglas Laycock-Law Professor of Univ. of Virginia Law School, 580 Massie Rd. Charlottesville VA 22903, 434.243.8546. (HARD COPIES REC'D)
02/16/2012Amicus Curiae Brief receivedReceived (instead of filed) E-FILED  Brief of Amicus Curiae The Episcopal Church. Submitted by Sandra C. Liser, Naman, Howell, Smith & Lee, PLLC, Fort Worth Club Building, 306 West 7th Street Suite 405, Fort Worth Texas 76102-4911, [817] 509-2025.  (HARD COPIES REC'D)
01/13/2012Additional citations received.Respondent Letter to Court to draw attention to a recent decision from U.S. Supreme Court which relates to the issues raised in appeal.  (Hasanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, decided on January 11, 2012.)
12/06/2011Additional citations received.Respondent E-FILED  Respondents, The Diocese of Northwest Texas, et al's Additional Cites: Recent decision from the Georgia Supreme Court, Case Rector Wardens & Vestrymen of Christ Church in Savannah, et al v. Bishop of the Episcopal Diocese of Georgia, Inc. et al, 2011 Ga. LEXIS 932 (Georgia S. Ct. November 21, 2011).  (OPINION IS ATTACHED TO LETTER) Hard copies Recieved.
11/10/2011Additional citations received.Petitioner E-FILED  Additional Cite: Carrollton Presbyterian Church v. The Presbytery of South Louisiana of the Presbyterian Church (USA) in which judgment was rendered September 14, 2011.  INCORPORATED WITH MOTION TO SUPPLEMENT THE CASES FILED WITH PETITIONER'S BRIEF ON THE MERITS filed on behalf of Robert Masterson.  HARD COPIES RECEIVED.
10/25/2011Reply BriefPetitioner E-FILED  Petitioners Robert Masterson, et al.'s Reply Brief on the Merits.  (HARD COPIES REC'D)
10/10/2011Brief on the MeritsRespondent E-FILED  Respondents The Diocese of Northwest Texas, et al.'s Brief on the Merits. (HARD COPIES REC'D)
09/19/2011Brief on the MeritsPetitioner EFILED  Petitioners' Brief on the Merits filed on behalf of Robert Masterson, et al. (HARD COPIES REC'D)
06/21/2011Reply to ResponsePetitioner Reply to Response (12) filed on behalf of Robert Masterson, et al.
06/03/2011Response to PetitionRespondent Response to Petition for Review filed on behalf of The Diocese of Northwest Texas, et al. (12)
05/18/2011Supplemental appendix Petitioner Supplemental Appendix:  Court of Appeals judgment (12) filed on behalf of Robert Masterson.
05/06/2011Appendix FiledPetitioner attached to petition
05/06/2011Petition for ReviewPetitioner Petition appendix attached (12) filed on behalf of Robert Masterson, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/19/2013Reply to Response to Motion  Reply in Support of Motion for Rehearing filed on behalf of The Diocese of Northwest Texas, et al.
12/16/2011Miscellaneous motion disposed. See Remarks.Filing granted Motion for Leave to Supplement the Cases Filed with Petitioner's Brief on the Merits granted
12/16/2011Case set for oral argumentCase set for oral argument Oral argument of this case will be conducted on Wednesday, February 29, 2012 at 9:00 a.m. at Texas A&M International University, Laredo, Texas.  See Tex. Const. art. V, § 3(a).
12/16/2011Petition for Review granted 
12/16/2011Petition for Review disposedFiling granted
12/06/2013Response to Motion for Rehearing  Response to Motion for Rehearing. On behalf of Robert Masterson, et al.
12/06/2011Additional citations received.  E-FILED  Respondents, The Diocese of Northwest Texas, et al's Additional Cites: Recent decision from the Georgia Supreme Court, Case Rector Wardens & Vestrymen of Christ Church in Savannah, et al v. Bishop of the Episcopal Diocese of Georgia, Inc. et al, 2011 Ga. LEXIS 932 (Georgia S. Ct. November 21, 2011).  (OPINION IS ATTACHED TO LETTER) Hard copies Recieved.
11/10/2011Additional citations received.  E-FILED  Additional Cite: Carrollton Presbyterian Church v. The Presbytery of South Louisiana of the Presbyterian Church (USA) in which judgment was rendered September 14, 2011.  INCORPORATED WITH MOTION TO SUPPLEMENT THE CASES FILED WITH PETITIONER'S BRIEF ON THE MERITS filed on behalf of Robert Masterson.  HARD COPIES RECEIVED.
11/10/2011Miscellaneous Motion  E-FILED  Motion for Leave to Supplement the Cases Filed with Petitioner's Brief on the Merits (INCORPORATED WITH ADDITIONAL CITE: Carrollton Presbyterian Church v. The Presbytery of South Louisiana of the Presbyterian Church (USA) in which judgment was rendered September 14, 2011)  filed on behalf of Robert Masterson.  HARD COPIES RECEIVED.
10/31/2012Post submission brief filed  Post Submission Letter filed on behalf of The Diocese of Northwest Texas, et al.
10/28/2013Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time is granted.  Response is due December 6, 2013.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/28/2013Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response filed on behalf of Robert Masterson.
10/25/2011Reply Brief  E-FILED  Petitioners Robert Masterson, et al.'s Reply Brief on the Merits.  (HARD COPIES REC'D)
10/23/2013Supreme Court of Texas Requested Response  Response requested to motion for rehearing due no later than November 7, 2013.
10/18/2013Motion for Rehearing  Motion for Rehearing filed on behalf of The Diocese of Northwest Texas, et al.
10/16/2012Oral argument   argued on behalf of petitioners by Reagan W. Simpson; argued on behalf of respondents by Jim Hund
10/10/2011Brief on the Merits  E-FILED  Respondents The Diocese of Northwest Texas, et al.'s Brief on the Merits. (HARD COPIES REC'D)
09/19/2011Brief on the Merits  EFILED  Petitioners' Brief on the Merits filed on behalf of Robert Masterson, et al. (HARD COPIES REC'D)
09/11/2012Notice of Appearance  Notice of Appeance of April L. Farris filed on behalf of Robert Masterson, et al.
09/11/2012Letter Filed  Letter to inform the Court that the Letter Brief filed on Sept 10 was not served to all parties due to a server issue with Texas Online. However, the parties were served today via email. On behalf of Robert Masterson, et al.
09/10/2012Additional citations received.  Petitioners' Letter Brief to advise the Court of four additional court opinions relevant to this case. On behalf of Robert Masterson et al.
09/06/2013Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Rehearing due 10/18/13. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/05/2013Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to File Motion for Rehearing filed on behalf of the Diocese of Northwest Texas, et al.
08/30/2013Court approved judgment sent to attorneys of recordIssued
08/30/2013Dissenting opinion issued.Issued Justice Lehrmann delivered a dissenting opinion, in which Chief Justice Jefferson joined.
08/30/2013Concurring Opinion issued.Issued Justice Boyd delivered a concurring opinion, in which Justice Willett joined.
08/30/2013Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court Justice Johnson delivered the opinion of the Court, in which Justice Hecht, Justice Green, Justice Guzman, and Justice Devine joined, and in Parts I, II, III-A, and V of which Justice Willett and Justice Boyd joined.
(8/30/2013 3:20:33 PM) 110332d.pdf, 110332c.pdf, 110332.pdf, 11-0332.jmt.pdf
08/24/2011Case Record Filed   Clerk's record (2V), ant's br, ant's amended br, ape's br, ant's reply br, amicus brief on behalf of J. Mark McLaughlin, misc. folder (mos.), opinion, judgment
08/22/2011Record 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
08/08/2012Oral Argument Submission Form from Attorney received  OA Submission Form submitted by Reagan W. Simpson of Yetter Coleman LLP of Austin, TX
08/08/2012Designation of Lead Counsel   Petitioner's Notice of Lead Counsel:  Reagan Simpson, Yetter Coleman LLP, 221 West Sixth Street, Suite 750, Austin, Texas 78701, (512)533-0150  (telephone).
06/27/2012Oral Argument Submission Form from Attorney received  Oral argument submission form submitted by respondent attorney Jim Hund of Hund Krier Wilkerson & Wright PC of Lubbock, Texas.
06/23/2014Letter Filed  from the Supreme Court of the United States to inform this Court that a Petition for a Writ of Certiorari was filed in their Court on June 19, 2014 and placed on the docket on June 20, 2014 as No. 13-1520.
06/22/2012Submission resetCase set for oral argument Oral argument reset for 9 a.m. on 10/16/12; time allotted to argue:  20/20 minutes
06/21/2011Phone call from Clerk's Office  Requested electronic copy of the reply that has the cover combined.
06/21/2011Reply to Response  Reply to Response (12) filed on behalf of Robert Masterson, et al.
06/07/2011Case forwarded to Court 
06/03/2011Response to Petition  Response to Petition for Review filed on behalf of The Diocese of Northwest Texas, et al. (12)
05/18/2011Supplemental appendix   Supplemental Appendix:  Court of Appeals judgment (12) filed on behalf of Robert Masterson.
05/16/2011Phone call from Clerk's Office  Requested that we receive the Court of Appeals judgment by Wednesday.
05/10/2012Additional citations received.  Additional case law filed on behalf of The Diocese of Northwest Texas, et al.
05/06/2011Phone call from Clerk's Office  Requested electronic copy that is converted rather than scanned.  Also requested Court of Appeals judgment.
05/06/2011Appendix Filed  attached to petition
05/06/2011Petition for Review  Petition appendix attached (12) filed on behalf of Robert Masterson, et al.
04/04/2012Fully hyperlinked brief filed  HYPERLINKED COPY of Amicus Brief of United Methodist Church, Inc.
03/28/2014Case Stored  G02 Row 3 A-3 (3 vols)
03/21/2014Mandate issued  Mandate & Cost Bill Issued
03/21/2014Motion to withdraw disposed ofFiling granted Motion of April L. Farris for Leave to Withdraw as Counsel for Petitioners granted
03/21/2014Motion for Rehearing - DisposedDenied
03/14/2014Motion to Withdraw Filed  Attorney April Farris, additional counsel for petitioners Robert Masterson, et al., requests leave to withdraw as additional counsel for Petitioners.
03/13/2012Pro hac vice motion disposedFiling granted Motion in Support of Motion to Admit Lloyd J. Lunceford Pro Hac Vice granted.
03/13/2012Pro hac vice motion disposedFiling granted Motion to Admit Lloyd J. Lunceford Pro Hac vice granted.
03/07/2012Letter Filed  Letter includes Non-Resident Acknowledgment letter from the Board of Law Examiners for Mr. Lunceford.
02/28/2012Notice from attorney regarding vacation dates  Vacation Notice of Jim Hund:  April 30-May 4, 2012 and May 28-June 1, 2012.  
02/27/2012Phone call from Clerk's Office  to Mr. West, and spoke with his legal secretary, Vickey.  Requested the payment letter from BLE.
02/27/2012Phone call from Clerk's Office  Call made to attorneys to let them know the motion to reset cause was granted.  Date and time are yet to be determined.
02/27/2012Motion to re-set submission date disposedFiling granted Motion to Re-Set Oral Argument granted.  Date and Time are yet to be determined.
02/27/2012Motion to re-set submission date filed.  E-FILED  Motion to Re-Set Oral Argument filed on behalf of Petitioners Robert Masterson, et al.
02/24/2012Call received  Call received from Mark Brown to let the Court know that George S. Finley will not be attending oral argument on behalf of petitioner but he will be arguing on his behalf.  Instructed Mr. Brown to submit to the Court a Notice of Appearance by Monday and to submit a Submission Form today with information on how he wants to be represented to the Court.
02/23/2012Amicus Curiae Brief received  E-FILED  Amicus Curiae Brief of the Presbyterian Lay Committee.  Submitted by David B. West of COX SMITH, 112 E. Pecan Street Suite 1800, San Antonio TX 78205, (210) 554-5500; and Lloyd J. Lunceford of TAYLOR, PORTER, BROOKS & PHILLIPS, L.L.P., P.O. Box 2471, Baton Rouge LA 70821, (225) 387-3221.  (HARD COPIES REC'D)
02/23/2012Pro hac vice motion filed  E-FILED  Motion to Admit Lloyd J. Lunceford Pro Hac vice on behalf of Amicus Curiae the Presbyterian Lay Committee (HARD COPY REC'D)
02/23/2012Pro hac vice motion filed  Motion in Support of Motion to Admit Lloyd J. Lunceford Pro Hac Vice on behalf of Amicus Curiae The Presbyterian Lay Committee.  Submitted by David B. West of Cox Smith Matthews Inc., 112 E. Pecan St., Suite 1800, San Antonio, Texas, 78205.  (HARD COPY REC'D)
02/22/2012Amicus Curiae Brief received  E-FILED  Brief of Amicus Curiae The Episcopal Diocese of Forth Worth. Submitted by Scott A. Brister of Andrews Kurth LLP 111 Congress Avenue Suite 1700, Austin Texas 78701, 512.320.9200.  (HARD COPIES REC'D)
02/21/2012Amicus Curiae Brief received  E-FILED Brief of Amici Curiae General Council on Finance and Administration of The United Methodist Church, Inc., et al. Submitted by Thomas S. Leatherbury of Vinson & Elkins LLP, 2001 Ross Ave. Ste. 3700, Dallas TX 75201, 214.220.7792 AND Douglas Laycock-Law Professor of Univ. of Virginia Law School, 580 Massie Rd. Charlottesville VA 22903, 434.243.8546. (HARD COPIES REC'D)
02/16/2012Amicus Curiae Brief received  E-FILED  Brief of Amicus Curiae The Episcopal Church. Submitted by Sandra C. Liser, Naman, Howell, Smith & Lee, PLLC, Fort Worth Club Building, 306 West 7th Street Suite 405, Fort Worth Texas 76102-4911, [817] 509-2025.  (HARD COPIES REC'D)
01/29/2013Post submission brief filed  Post Submission Letter Brief filed on behalf of Robert Masterson, et al.
01/17/2014Notice from Counsel of a change in address  Change of Address for April Farris and Reagan Simpson filed on behalf of Robert Masterson, et al.
01/13/2012Additional citations received.  Letter to Court to draw attention to a recent decision from U.S. Supreme Court which relates to the issues raised in appeal.  (Hasanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, decided on January 11, 2012.)
01/12/2012Oral Argument Submission Form from Attorney received  E-FILED  OA Submission Form submitted by Respondent's Counsel Attorney Jim Hund of Hund Krier Wilkerson & Wright of Lubbock, TX.
01/11/2012Oral Argument Submission Form from Attorney received  EFILED OA Submission Form submitted by petitioner attorney George S. Finley of Smith*Rose*Finley of San Angelo, TX
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
03/28/2014Case StoredCase stored.G02 Row 3 A-3 (3 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
Masterson, RobertPetitionerMr. George S. Finley
Justice April Farris
Mr. Reagan W. Simpson
The Episcopal ChurchAmicus CuriaeMs. Sandra Cockran Liser
General Council on Finance and AdministrationAmicus CuriaeMr. Thomas S. Leatherbury
Mr. Douglas Laycock
The Diocese of Northwest TexasRespondentMr. Guy D. Choate
Ms. Linda Ruth St. Clair Russell
Mr. Jim Hund
The Episcopal Diocese of Forth WorthAmicus CuriaeChief Justice Scott Brister
The Presbyterian Lay CommitteeAmicus CuriaeMr. David B. West
Mr. Lloyd J. Lunceford
Court of Appeals Information:
Affirmed  
335 SW3d 880, 03-16-11 
3rd Court of Appeals 
Honorable J. Woodfin 'Woodie' Jones 
Trial Court Information
51st District Court 
Tom Green 
Honorable J. Blair Cherry 
A-07-0237-C