Supreme Court

Case: 12-0255    
12-0255
03/27/2012
Second Petition for Review/Cause under Rule 53.1
GENE E. PHILLIPS, INDIVIDUALLY AND D/B/A PHILLIPS OIL INTERESTS, LLC, EURENERGY RESOURCES CORPORATION, SYNTEK WEST, INC., CABELTEL INTERNATIONAL CORPORATION, NATRON INVESTMENTS, A&B CAPITAL CORPORATION, SOUTHMARK CORPORATION, BASIC CAPITAL MANAGEMENT, INC 
CARLTON ENERGY GROUP, LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/19/2015Reply to ResponsePetitioner Hyperlinked Reply in Support of Motion for Rehearing filed on behalf of Syntek West Inc., et al.
11/13/2015Reply to Response to Motion for Rehearing filedPetitioner Reply in Support of Motion for Rehearing filed on behalf of Syntek West Inc., et al.
11/02/2015Response to Motion for RehearingRespondent Response to Rehearing filed on behalf of Carlton Energy Group LLC.
06/23/2015Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of Gene E. Phillips, et al. and Syntek West, Inc., et al.
04/30/2014Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter filed on behalf of Texans for Lawsuit Reform.
11/12/2013Fully hyperlinked brief filedRespondent HYPERLINKED COPY: Response to Post-Submission Brief filed on behalf of Carlton Energy Group, LLC.
11/07/2013Response to Brief filedRespondent Response to Post-Submission Brief filed on behalf of Carlton Energy Group, LLC. (HARD COPIES REC'D)
10/18/2013Fully hyperlinked brief filedEvent related to first petition filed in case. HYPERLINKED COPY: Post-Submission Brief filed on behalf of Gene E. Phillips, et al.
10/15/2013Post submission brief filedEvent related to first petition filed in case. Post-Submission Brief filed on behalf of Gene E. Phillips, et al.  (HARD COPIES REC'D)
09/26/2013Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Texas Civil Justice League's Letter in support of the
Petitioners Gene E. Phillips and Phillips Oil Interests, LLC. Submitted by George S. Christian of Austin Texas. (HARD COPIES REC'D)
09/10/2013Exhibits in case/cause filedEvent related to first petition filed in case. Oral Argument Exhibits of Gene E. Phillips, et al.  (HARD COPIES REC'D)
09/10/2013Exhibits in case/cause filedRespondent Oral Argument Exhibit filed on behalf of Carlton Energy Group, LLC.  (HARD COPIES REC'D)
01/08/2013Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Accenture LLP submits Letter in support of Petitioners Gene E. Phillips. Submitted by Tracy N. LeRoy of Sidley Austin LLP, 800 Travis St., Suite 3100, Houston, TX  77002 (HARD COPIES REC'D)
01/03/2013Reply BriefEvent related to first petition filed in case. Reply Brief on the Merits filed on bhealf of Gene E. Phillips, et al. (HARD COPIES REC'D)
01/03/2013Reply BriefEvent related to subsequent petition filed in case. Reply Brief on the Merits filed on behalf of Syntek West, Inc. and Cabeltel International Corporation.  (HARD COPIES REC'D)
12/19/2012Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Carlton Energy.  (HARD COPIES REC'D)
12/17/2012Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Carlton Energy Group, LLC.  (HARD COPIES REC'D)
10/03/2012Corrected BriefEvent related to first petition filed in case. Petitioner CORRECTED Brief on the Merits filed on behalf of Gene E. Phillips, et al.  (HARD COPIES REC'D)
10/01/2012Brief on the MeritsPetitioner Petitioner Brief on the Merits filed on behalf of Gene E. Phillips, et al.
10/01/2012Brief on the MeritsPetitioner Petitioner Brief on the Merits filed on behalf of Syntek West, Inc. and Cabeltel International Corporation.  (HARD COPIES REC'D)
06/29/2012Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amicus Curiae Accenture LLP in Support of the Petition for Review of Gene E. Phillips, et al. Submitted by Tracy N. LeRoy of Sidley Austin LLP, 600 Travis Street Suite 3100 Houston Texas 77002, (713) 315-9000.  (HARD COPIES REC'D)
06/28/2012Reply to ResponseEvent related to first petition filed in case. Petitioner #1 Gene E. Phillips, et al.'s Reply to Response to Petition for Review.  (HARD COPIES REC'D)
06/28/2012Reply to ResponseEvent related to subsequent petition filed in case. Reply in Support of Petition for Review filed on behalf of Syntek West, Inc. and CabelTel International Corporation.  (HARD COPIES REC'D)
06/12/2012Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Texas Civil Justice League.  Submitted by George Christian, Texas Civil Justice League, 400 West Fifteenth Street, Suite 1400, Austin, Texas 78701-1648, 512.320.0474 (T)
06/06/2012Response to PetitionRespondent Response to Phillips' Petition for Review filed on behalf of Carlton Energy Group, LLC.  (HARD COPIES REC'D)
06/06/2012Response to PetitionRespondent Response to Petition for Review of Syntek West Inc. filed on behalf of Carlton Energy Group, LLC.  (HARD COPIES REC'D)
04/27/2012Petition for Review #2Petitioner Petition for Review filed on behalf of Syntek West Inc. and Cabeltel International Corporation.  (HARD COPIES REC'D)
04/24/2012Petition for ReviewPetitioner Petitioner Gene E. Phillips, et al.'s Petition for Review.  (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/22/2015Mandate issued  Mandate & Cost Bill Issued
12/19/2012Call received  Call received from Mr. Kevin Dubose's  counsel office to inform the Court that a Hyperlinks version of their Brief will be sent to our office either today or tomorrow Dec. 20.
12/19/2012Brief on the Merits  Response Brief on the Merits filed on behalf of Carlton Energy.  (HARD COPIES REC'D)
12/18/2015Motion for Rehearing - DisposedDenied
12/17/2012Brief on the Merits  Response Brief on the Merits filed on behalf of Carlton Energy Group, LLC.  (HARD COPIES REC'D)
12/14/2012Motion for Extension of Time disposed.Filing granted Unopposed motion for extension of time to file Brief on the merits filed on behalf of Carlton Energy Group, LLC. has been granted. Brief on the merits due 12-19-12. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED.
12/14/2012Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file Brief on the merits filed on behalf of Carlton Energy Group, LLC.
11/19/2015Reply to Response  Hyperlinked Reply in Support of Motion for Rehearing filed on behalf of Syntek West Inc., et al.
11/14/2012Motion for Extension of Time disposed.Filing granted Response brief due 12/14/2012; reply brief due 12/27/2012. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/13/2015Reply to Response to Motion for Rehearing filed  Reply in Support of Motion for Rehearing filed on behalf of Syntek West Inc., et al.
11/12/2013Fully hyperlinked brief filed  HYPERLINKED COPY: Response to Post-Submission Brief filed on behalf of Carlton Energy Group, LLC.
11/12/2012Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to File Response Briefs on the Merits. On behalf of Carlton Energy Group, LLC.
11/07/2013Response to Brief filed  Response to Post-Submission Brief filed on behalf of Carlton Energy Group, LLC. (HARD COPIES REC'D)
11/06/2015Letter Filed  Letter filed on behalf of Gene E. Phillips, et al. The letter states that a reply to the response to the motion for rehearing will be filed by next Friday.
11/02/2015Response to Motion for Rehearing  Response to Rehearing filed on behalf of Carlton Energy Group LLC.
10/18/2013Fully hyperlinked brief filed  HYPERLINKED COPY: Post-Submission Brief filed on behalf of Gene E. Phillips, et al.
10/15/2013Post submission brief filed  Post-Submission Brief filed on behalf of Gene E. Phillips, et al.  (HARD COPIES REC'D)
10/10/2012Motion for Extension of Time disposed.Filing granted Unopposed Motion to Extend Time to file Response Brief on the Merits granted.  Response brief due no later than 11/21/12; Reply brief due 12/6/12.
10/05/2012Motion for Extension of Time to File Brief filed  Unopposed Motion to Extend Time to file Response Brief on the Merits. On behalf of Carlton Energy Group, LLC.
10/03/2012Case Record Filed   Received the Electronic Appellate Record from the 1st Court of Appeals.
10/03/2012Corrected Brief  Petitioner CORRECTED Brief on the Merits filed on behalf of Gene E. Phillips, et al.  (HARD COPIES REC'D)
10/03/2012Letter Filed  Respondent's Letter addressed to Petitioners' Counsels, in reference to Texas Disciplinary Rules of Professional Conduct, Rule 1.11. On behalf of Carlton Energy Group, LLC.
10/01/2012Brief on the Merits  Petitioner Brief on the Merits filed on behalf of Gene E. Phillips, et al.
10/01/2012Brief on the Merits  Petitioner Brief on the Merits filed on behalf of Syntek West, Inc. and Cabeltel International Corporation.  (HARD COPIES REC'D)
09/29/2015Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response to Motion for Rehearing is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Requested Response is due November 2, 2015.
09/29/2015Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Motion for Rehearing. On behalf of Carlton Energy Group, LLC.
09/26/2013Amicus Curiae Letter Received  Amicus Curiae Texas Civil Justice League's Letter in support of the
Petitioners Gene E. Phillips and Phillips Oil Interests, LLC. Submitted by George S. Christian of Austin Texas. (HARD COPIES REC'D)
09/17/2015Supreme Court of Texas Requested Response  Requested response to motion for rehearing filed by Gene E. Phillips, et al. due no later than October 2, 2015.
09/13/2012Motion for Extension of Time disposed.Filing granted Petitioner brief due 10/01/12; Response brief due 10/22/12; Reply brief due 11/06/12; FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/11/2013Oral argument   Argued on behalf of Gene E. Phillips by Thomas R. Phillips; Argued on behalf of Syntek West, Inc. by Robert B. Gilbreath; Argued on behalf of respondent by Roger D. Townsend and Warren W. Harris (Chief Justice Jefferson not sitting)
09/11/2013Oral argument   Argued on behalf of Gene E. Phillips by Thomas R. Phillips; Argued on behalf of Syntek West, Inc. by Robert B. Gilbreath; Argued on behalf of respondent by Roger D. Townsend and Warren W. Harris (Chief Justice Jefferson not sitting)
09/10/2013Exhibits in case/cause filed  Oral Argument Exhibits of Gene E. Phillips, et al.  (HARD COPIES REC'D)
09/10/2013Exhibits in case/cause filed  Oral Argument Exhibit filed on behalf of Carlton Energy Group, LLC.  (HARD COPIES REC'D)
09/07/2012Motion for Extension of Time filed  Joint Unopposed Motion for Extension of Time to File Petitioners' Briefs on the Merits filed on behalf of Gene E. Phillips, Syntek West Inc. and Cabeltel International Corporation.
08/21/2012Record Requested in Case 
08/17/2012Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than 9/17/12; Response brief due 10/8/12; Reply brief due 10/23/12.
07/10/2013Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Roger D. Townsend on behalf of the Carlton Energy Group, LLC.
07/10/2013Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Warren W. Harris on behalf of Carlton Energy Group, LLC.
06/29/2012Amicus Curiae Brief received  Brief of Amicus Curiae Accenture LLP in Support of the Petition for Review of Gene E. Phillips, et al. Submitted by Tracy N. LeRoy of Sidley Austin LLP, 600 Travis Street Suite 3100 Houston Texas 77002, (713) 315-9000.  (HARD COPIES REC'D)
06/28/2012Reply to Response  Petitioner #1 Gene E. Phillips, et al.'s Reply to Response to Petition for Review.  (HARD COPIES REC'D)
06/28/2012Reply to Response  Reply in Support of Petition for Review filed on behalf of Syntek West, Inc. and CabelTel International Corporation.  (HARD COPIES REC'D)
06/23/2015Case forwarded to Court 
06/23/2015Motion for Rehearing  Motion for Rehearing filed on behalf of Gene E. Phillips, et al. and Syntek West, Inc., et al.
06/22/2012Motion to withdraw disposed ofFiling granted motion to withdraw as counsel granted
06/19/2012Motion to Withdraw Filed  Attorney J. Brett Busby's Motion to Withdraw as Counsel for Carlton Energy Group LLC.
06/12/2012Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Texas Civil Justice League.  Submitted by George Christian, Texas Civil Justice League, 400 West Fifteenth Street, Suite 1400, Austin, Texas 78701-1648, 512.320.0474 (T)
06/12/2012Case forwarded to Court 
06/12/2012Case forwarded to Court 
06/11/2012MET to file reply disposed ofFiling granted Reply is due 06/28/12.
06/11/2012Motion to Extend Time to File Reply filed  Unopposed Joint Motion to File Replies in Support of Petitions for Review filed on behalf of Gene E. Phillips, et al. and Syntek West Inc., et al.
06/06/2012Response to Petition  Response to Phillips' Petition for Review filed on behalf of Carlton Energy Group, LLC.  (HARD COPIES REC'D)
06/06/2012Response to Petition  Response to Petition for Review of Syntek West Inc. filed on behalf of Carlton Energy Group, LLC.  (HARD COPIES REC'D)
05/25/2012Motion for Extension of Time disposed.Filing granted Response is due June 6, 2012.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED
05/21/2015Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Petitioners Syntek West, Inc., et al. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing is due June 25, 2015.
05/21/2015Motion for Extension of Time to File Motion for Rehearing disposed  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Petitioners Syntek West, Inc., et al.
05/21/2012Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to File Responses to Petitions for Review. On behalf of Carlton Energy Group, LLC.
05/19/2015Motion 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 June 25, 2015.
05/19/2015Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Gene E. Phillips, et al.
05/10/2013Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Robert B. Gilbreath of Hawkins Parnell Thackston & Young LLP, Dallas on behalf of Syntek West, Inc.
05/09/2013Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Thomas R. Phillips on behalf of Gene Phillips.
05/09/2012Description of document returned to Supreme Court  Postcard to Mr. John Frederick Redwin, atty for petitioner, Eurenergy Resources Corp.  Address updated and postcard resent.
05/08/2015Court approved judgment sent to attorneys of recordIssued
05/08/2015Opinion issuedIssued
05/08/2015Opinion 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. Chief Justice Hecht delivered the opinon of the Court.
05/03/2013Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 11, 2013.  Time allotted to argue:  20/20 minutes.
05/03/2013Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 11, 2013.  Time allotted to argue: 20/20 minutes.
04/30/2014Amicus Curiae Letter Received  Amicus Letter filed on behalf of Texans for Lawsuit Reform.
04/30/2012Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due April 30, 2012.
04/27/2012Petition for Review #2  Petition for Review filed on behalf of Syntek West Inc. and Cabeltel International Corporation.  (HARD COPIES REC'D)
04/27/2012Phone call from Clerk's Office  Instructed assistant to resubmit the original motion so that we can collect the 2nd $10 fee. She will do so ASAP.
04/24/2012Petition for Review  Petitioner Gene E. Phillips, et al.'s Petition for Review.  (HARD COPIES REC'D)
04/08/2013Notice from Counsel of a change in address  Law Offices of Mitchell Madden
Montfort Place
13800 Montfort Dr., Suite 160
Dallas, Texas 75240
(972) 484-7780 telephone
(972) 484-7743 facsimile
03/29/2013Petition for Review disposedFiling granted
03/29/2013Petition for Review granted 
03/29/2013Petition for Review disposedFiling granted
03/29/2013Petition for Review granted 
03/29/2012Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed motion for extension of time to file petition for review granted.  Petition due 4/30/12.
03/27/2012Motion for Extension of Time to File Petition for Review #2 filed  Unopposed Motion for Extension of Time to File Petition for Review filed on behalf of Syntek West Inc. and Cabeltel International Corporation.
03/27/2012Motion for Extension of Time to File Petition for Review filed  E-FILED  Petitioners' Unopposed Motion to Extend Time to file Petition for Review. On behalf of Gene E. Phillips, et al.
03/13/2014Notice received  Notice of Change of Firm Name and Email Addresses for Co-Counsel, Mitchell Madden & Thomas V. Murto III. On behalf of Gene E. Phillips, et al.
01/08/2013Amicus Curiae Letter Received  Amicus Curiae Accenture LLP submits Letter in support of Petitioners Gene E. Phillips. Submitted by Tracy N. LeRoy of Sidley Austin LLP, 800 Travis St., Suite 3100, Houston, TX  77002 (HARD COPIES REC'D)
01/03/2013Reply Brief  Reply Brief on the Merits filed on bhealf of Gene E. Phillips, et al. (HARD COPIES REC'D)
01/03/2013Reply Brief  Reply Brief on the Merits filed on behalf of Syntek West, Inc. and Cabeltel International Corporation.  (HARD COPIES REC'D)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/03/2016Case StoredCase stored.G02 Row 14 G-5 (2 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Civil Justice LeagueAmicus CuriaeMr. George S. Christian
Syntek West, Inc.Petitioner 2Mr. Robert B. Gilbreath
Mr. William V. Dorsaneo III
Mr. Mitchell Madden
Ms. Melissa Ann Johnson
Mr. Thomas V. Murto III
Accenture LLPAmicus CuriaeMs. Tracy N. Leroy
O.S. Holdings, Inc.Other interested party Mr. Mitchell Madden
Southmark CorporationOther interested party Mr. Mitchell Madden
Texans for Lawsuit ReformAmicus CuriaeMr. Hugh Rice Kelly
Basic Capital Management, Inc. and May TrustOther interested party Mr. Timothy J. Hogan
Mr. Joseph Nixon
Phillips, Gene E.PetitionerThe Honorable Peter Kelly
Mr. Thomas Phillips
Mr. Thomas V. Murto III
Mr. Jeffrey James McNabb
Ms. Karlene D. Poll
Mr. William V. Dorsaneo III
Mr. Evan A. Young
Mr. Mitchell Madden
Carlton Energy Group, LLCRespondentMr. Kevin H. Dubose
Mr. Kendall C. Montgomery
Honorable Justin Brett Busby
Mr. William Fred Hagans
Mr. Warren W. Harris
Mr. David Gunn
Ms. Paula Janecek Mathers
Mr. Vincent Marable III
Mr. Jeffrey Oldham
Mr. Roger D. Townsend
Ms. LaDawn Nandrasy
Natron Investments, A&B Capital CorporationOther interested party Mr. Mark E. Bennett
Mr. Charles Imlay Appler
EurEnergy Resources Corp.PetitionerMr. John Frederick Redwine
Mr. J. Kevin Oncken
Mr. Thomas Phillips
Mr. Jeffrey H. Uzick
Court of Appeals Information:
Aff/Pt and Rev & Ren/Pt 
369 SW3d 433, 02-14-12 
1st Court of Appeals 
Honorable Terry Jennings 
Trial Court Information
295th District Court 
Harris 
Honorable Tracy K. Christopher 
2006-80212