Supreme Court

Case: 11-0541    
11-0541
07/11/2011
Petition for Review/Cause under Tex. R. App. P. 59.1
DYNEGY INC. 
TERRY W. YATES, INDIVIDUALLY, AND TERRY W. YATES, P.C. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/17/2014Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae letter filed by David Medina in support of Terry W. Yates, P.C.
01/27/2014Reply to Response to Motion for Rehearing filedRespondent Reply in Support of Motion for Rehearing filed on behalf of Terry W. Yates.
01/06/2014Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of Dynegy Inc.
10/16/2013Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Terry Yates and Terry Yates, P.C.
01/09/2013Reply BriefEvent related to subsequent petition filed in case. Respondents/Cross-Petitioners, Terry W. Yates, et al.'s Reply Brief on the Merits. (HARD COPIES REC'D)
01/09/2013Reply BriefEvent related to first petition filed in case. Petitioner/Cross-Respondent, Dynegy, Inc.'s Reply Brief on the Merits. (HARD COPIES REC'D)
11/02/2012Petition Reinstated 
11/02/2012Petition Reinstated 
07/02/2012Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Terry Yates, et al. (HARD COPIES REC'D)
07/02/2012Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Dynegy, Inc. (HARD COPIES REC'D)
04/11/2012Brief on the MeritsEvent related to subsequent petition filed in case. Petitioner Brief on the Merits filed on behalf of Terry W. Yates, et al.  (HARD COPIES REC'D)
04/11/2012Brief on the MeritsPetitioner Petitioner Brief on the Merits filed on behalf of Dynegy, Inc. (HARD COPIES REC'D)
12/08/2011Reply to ResponseEvent related to subsequent petition filed in case. E-FILED  Cross-Conditional Petitioners Terry W. Yates, Individually and Terry W. Yates, P.C.'s Reply in support of Conditional Cross-Petition for Review.  (HARD COPIES REC'D)
11/17/2011Response to PetitionEvent related to first petition filed in case. EFILED  Petitioner#1 Dynegy, Inc.'s Response to Conditional Cross-Petition for Review.  (HARD COPIES REC'D)
11/01/2011Reply to ResponseEvent related to first petition filed in case. E-FILED  Reply in support of Petition for Review filed on behalf of Dynegy, Inc. (HARD COPIES REC'D)
10/17/2011Response to PetitionRespondent E-FILED  Response to petition filed on behalf of Terry W. Yates. (HARD COPIES REC'D)
10/17/2011Appendix FiledEvent related to subsequent petition filed in case.
10/17/2011Petition for Review #2Event related to subsequent petition filed in case. E-FILED  Petition, appendix attached, filed on behalf of Terry W. Yates. (HARD COPIES REC'D)
08/11/2011Supplemental appendix Petitioner E-FILED  Supplemental Appendix: Court of Appeals' Judgment. On behalf of Dynegy, Inc. (HARD COPIES REC'D)
08/10/2011Appendix FiledPetitioner E-FILED  appendix attached
08/10/2011Petition for ReviewPetitioner E-FILED  Petition for Review filed on behalf of Dynegy Inc.  (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/09/2013Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time is granted.  Response to Motion for Rehearing is Due January 6, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/08/2011Reply to Response  E-FILED  Cross-Conditional Petitioners Terry W. Yates, Individually and Terry W. Yates, P.C.'s Reply in support of Conditional Cross-Petition for Review.  (HARD COPIES REC'D)
12/05/2013Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of Dynegy, Inc.
12/05/2012Motion for Extension of Time disposed.Filing granted Reply Brief due 01/09/13; No further extensions of time will be considered.
12/05/2012Motion for Extension of Time to File Brief filed  Second Unopposed Joint Motion for 33 day Extension of Time to file Reply Briefs in Support of Briefs on the Merits filed on behalf of Terry W. Yates.
11/20/2013Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than 12/5/13.
11/20/2012Motion for Extension of Time disposed.Filing granted Reply brief due 12/07/12; FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/17/2011Response to Petition  EFILED  Petitioner#1 Dynegy, Inc.'s Response to Conditional Cross-Petition for Review.  (HARD COPIES REC'D)
11/16/2012Motion for Extension of Time to File Brief filed  Unopposed Joint Motion for Extension of Time to File Reply Brief on the Merits filed on behalf of Dynegy Inc., et al.
11/09/2012Phone call from Clerk's Office  Call returned to petitioner attorney's office letting them know that any reply brief is due no later than 11/19/12.
11/02/2012Petition Reinstated 
11/02/2012Petition Reinstated 
11/02/2012Abatement Order Lifted  Abatement order issued July 13, 2012 lifted
11/02/2012Motion to reinstate case disposedFiling granted respondents' motion to reinstate granted
11/01/2011Reply to Response  E-FILED  Reply in support of Petition for Review filed on behalf of Dynegy, Inc. (HARD COPIES REC'D)
10/25/2011Case forwarded to Court 
10/18/2012Motion to Reinstate Case filed  Respondents/Cross-Petitioners Terry W. Yates, Individually, et al.'s Motion to Reinstate.
10/17/2011Response to Petition  E-FILED  Response to petition filed on behalf of Terry W. Yates. (HARD COPIES REC'D)
10/17/2011Appendix Filed 
10/17/2011Petition for Review #2  E-FILED  Petition, appendix attached, filed on behalf of Terry W. Yates. (HARD COPIES REC'D)
10/16/2013Case forwarded to Court 
10/16/2013Motion for Rehearing  Motion for Rehearing filed on behalf of Terry Yates and Terry Yates, P.C.
10/06/2011Motion for Extension of Time disposed.Filing granted Response is due October 17, 2011. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED
10/06/2011Second Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due October 17, 2011. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED
10/05/2011Motion for Extension of Time to File Response  E-FILED Respondents’ and Cross-Petitioners’ Unopposed Motion for Extension of Time to file Response to Petition for Review (INCORPORATED with  Motion for Extension of Time to File Petition).  On behalf of Terry W. Yates.
10/05/2011Second Motion for Extension of Time to File Petition for Review filed  E-FILED Respondents’ and Cross-Petitioners’ Unopposed Motion for Extension of Time to File Petition for Review (INCORPORATED with Motion for Extension of Time to file Response to Petition).  On behalf of Terry W. Yates.
09/12/2011Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due October 10, 2011.
09/12/2011Call received  Mr. Post's office informed the Court that the motion for extension is unopposed.
09/09/2013Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to file Motion for Rehearing is Granted. Further requests for extensions of time will be disfavored.  Motion for Rehearing is due October 16, 2013.
09/09/2013Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to File Motion for Rehearing filed on behalf of Terry W. Yates, et al.
09/09/2011Phone call from Clerk's Office  Mr. Post will inform the Court whether or not the motion is opposed.
09/09/2011Motion for Extension of Time to File Petition for Review #2 filed  E-FILED  Motion for extension of time to file petition for review filed on behalf of Terry W. Yates.
09/09/2011Supreme Court of Texas Requested Response  Response requested to petition due 10/10/11.
08/30/2013Court approved judgment sent to attorneys of recordIssued
08/30/2013Dissenting opinion issued.Issued
08/30/2013Opinion issuedIssued
08/30/2013Petition for Review disposedPetition granted pursuant to TRAP 59.1
08/30/2013Petition for Review granted under TRAP 59.1 
08/30/2013Opinion issuedCourt of Appeals' judgment reversed & judgment rendered
08/30/2013Petition for Review disposedPetition granted pursuant to TRAP 59.1
08/30/2013Petition for Review granted under TRAP 59.1 
08/23/2011Case forwarded to Court 
08/18/2011Response Waiver filed  E-FILED  Response Waiver filed on behalf of Terry W. Yates, et al. (HARD COPIES REC'D)
08/11/2011Supplemental appendix   E-FILED  Supplemental Appendix: Court of Appeals' Judgment. On behalf of Dynegy, Inc. (HARD COPIES REC'D)
08/11/2011Phone call from Clerk's Office  to Laura Crain, Assistant for Mr. Post, to request the $125 filing fee and the court of appeals' judgment.
08/10/2011Appendix Filed  E-FILED  appendix attached
08/10/2011Petition for Review  E-FILED  Petition for Review filed on behalf of Dynegy Inc.  (HARD COPIES REC'D)
07/14/2011Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due August 10, 2011.  
07/13/2012Order of the Court IssuedMatter in Supreme Court of Texas Abated
07/13/2012Petition for Review disposedMatter in Supreme Court of Texas Abated
07/13/2012Petition for Review disposedMatter in Supreme Court of Texas Abated
07/11/2011Motion for Extension of Time to File Petition for Review filed  E-FILED  Unopposed motion for extension of time to file petition for review filed on behalf of Dynegy, Inc. (HARD COPIES REC'D)
07/08/2013Address Change   Notice of Change of Address for Respondent/Cross Petitioner's Counsels. Effective July 1, 2013.  On behalf of Terry W. Yates.
07/06/2012Notice of Bankruptcy  Petitioner's Notice of Bankruptcy filed on behalf of Dynergy, Inc.
07/06/2012Call received  Call received from Russell Post's office informing Court that hard copies of the Response Brief are being mailed today.
07/06/2012Call received  Call received from petitioner attorney Russell Post to let us know that a notice of bankruptcy has been filed in the Federal Court.  He plans on filing the notice with us soon.
07/02/2012Brief on the Merits  Response Brief on the Merits filed on behalf of Terry Yates, et al. (HARD COPIES REC'D)
07/02/2012Brief on the Merits  Response Brief on the Merits filed on behalf of Dynegy, Inc. (HARD COPIES REC'D)
05/30/2012Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time is granted.  Respondents' Briefs are due on July 2, 2012; Reply Brief are due on July 17, 2012.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
05/25/2012Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Response Briefs on the Merits filed on behalf of Dynegy Inc. and Terry W. Yates.
04/27/2012Motion for Extension of Time disposed.Filing granted Response briefs due 05/31/12; Reply briefs due 06/15/12; FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
04/26/2012Motion for Extension of Time to File Brief filed  Unopposed Joint Motion for Extension of Time to File Response Briefs on the Merits filed on behalf of Dynegy Inc. and Terry W. Yates, et al.
04/12/2012Correction filed (See Remarks)  Corrected Petitioner's Brief on the Merits filed on behalf of Dynergy, Inc.
04/11/2012Brief on the Merits  Petitioner Brief on the Merits filed on behalf of Terry W. Yates, et al.  (HARD COPIES REC'D)
04/11/2012Brief on the Merits  Petitioner Brief on the Merits filed on behalf of Dynegy, Inc. (HARD COPIES REC'D)
04/04/2014Notice received  Notice of Withdrawal of Amicus Brief of Terry W. Yates, P.C.
03/28/2014Case Stored  G02 Exhibit Room M-5 (5 vols + 1 box)
03/27/2012Motion for Extension of Time disposed.Filing granted JOINT Motion for 2nd Extension of Time for Petitioners' & Cross Petitioners' Briefs on the Merits granted. Petitioner's brief due 04/11/12; Response brief due 05/01/12; Reply brief due 5/16/12. NO FURTHER EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED
03/22/2012Motion for Extension of Time to File Brief filed  E-FILED  JOINT Motion for Second Extension of Time for Petitioners' and Cross Petitioners' Briefs on the Merits. On behalf of Dynegy Inc. and Terry W. Yates.
03/21/2014Mandate issued  Mandate & Cost Bill Issued
03/21/2014Motion for Rehearing - DisposedDenied with Justice not sitting.
03/17/2014Amicus Curiae Letter Received  Amicus Curiae letter filed by David Medina in support of Terry W. Yates, P.C.
03/06/2012Motion for Extension of Time disposed.Filing granted JOINT Motion for Extension of Time to file Petitioners' Briefs on the Merits granted.  Petitioner's brief due 3/28/12; Response brief due 4/17/12; Reply brief due 5/2/12.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED
02/24/2012Motion for Extension of Time to File Brief filed  E-FILED  Petitioner, Dynegy, Inc. and Conditional Cross-Petitioners, Terry W. Yates, et al's Motion for Extension of Time to file Briefs on the Merits.
02/03/2012Case Record Filed   CLK REC (3) VOLS, REPS REC (18) VOLS, SUPP REPS REC (6) VOLS, ANTS BR, APRS ANTS REPLY BR, ANTS RESP, APES RESP-W (2) APPS, APES MO/RE EN BANC, APES AMENDED MO/RE EN BANC, APES AMENDED MO/RE EN BANC-DENIED MOOT, ANTS MO/RE EN BANC-DENIED, OPINION & JUDGEMENT OF 08-25-10 IS WITHDRAWN, MISC FOLDERS (4), ENVELOPE OF CASE TRANSFER, JUDGEMENT, OPINION (RV/RN)
01/31/2012Record Requested in Case 
01/27/2014Reply to Response to Motion for Rehearing filed  Reply in Support of Motion for Rehearing filed on behalf of Terry W. Yates.
01/27/2012Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due 2/27/12; Response brief due 3/19/12; Reply brief due 4/3/12
01/21/2014Letter Filed  Letter to inform the justices that Terry W. Yates and Terry W. Yates, P.C. will file their reply in support of their motion for rehearing by this coming Friday, January 24, 2014.
01/09/2013Reply Brief  Respondents/Cross-Petitioners, Terry W. Yates, et al.'s Reply Brief on the Merits. (HARD COPIES REC'D)
01/09/2013Reply Brief  Petitioner/Cross-Respondent, Dynegy, Inc.'s Reply Brief on the Merits. (HARD COPIES REC'D)
01/06/2014Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Dynegy Inc.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
03/28/2014Case StoredCase stored.G02 Exhibit Room M-5 (5 vols + 1 box)
Parties
Party▲▼Party Type▲▼Representative▲▼
Medina, David M.Amicus CuriaeDavid M. Medina  
Dynegy, Inc.PetitionerHonorable Bruce D. Oakley
Mr. Russell S. Post
Mr. David Gunn
Mr. Christopher Mohr Odell
Mr. David J. Beck
Yates, Terry W.RespondentMs. Elizabeth H. Rivers
Mr. Lloyd E. Kelley
Ms. Kathleen S. Rose
Ms. Wanda McKee Fowler
Mr. Thomas C. Wright
Court of Appeals Information:
Reversed & Rendered 
345 SW3d 516, 02-23-11 
4th Court of Appeals 
Honorable Phylis J. Speedlin 
Trial Court Information
127th District Court 
Harris 
Honorable Sharolyn P. Wood 
2005-37892