Supreme Court

Case: 12-0657    
12-0657
08/13/2012
Second Petition for Review/Cause under Rule 53.1
ASHISH PATEL, ANVERALI SATANI, NAZIRA MOMIN, MINAZ CHAMADIA, AND VIJAY LAKSHMI YOGI 
TEXAS DEPARTMENT OF LICENSING AND REGULATION, ET AL. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/08/2015Additional citations received.Event related to first petition filed in case. Petitioner cites Brantley v. Kuntz, No. 13-CA-872, 2015 U.S. Dist. LEXIS 680 (W.D. Tex. Jan. 5, 2015). A copy of the slip opinion is included with this letter. On behalf of Ashish Patel.
05/21/2014Response to Amicus Curiae Brief filedPetitioner Response to Amicus of South Texas College of Law filed on behalf of Ashish Patel.
05/19/2014Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of South Texas College of Law. Submitted by Charles W. "Rocky" Rhodes.
04/08/2014Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter Brief filed on behalf of Houston Belt & Terminal Railway Co., BNSF.
03/14/2014Post submission brief filedPetitioner Post-Submission Letter brief filed on behalf of Ashish Patel, et al.
03/12/2014Post submission brief filedRespondent Post Submission Brief filed on behalf of Texas Department of Licensing and Regulation.
02/25/2014Amicus Curiae Brief receivedReceived (instead of filed) Amici Curiae Brief of Houston Belt & Terminal Railway Co., BNSF Railway Co., and Union Pacific Railroad Co. Submitted by Richard B. Phillips, Jr. of Thompson & Knight LLP of Dallas Texas.
11/26/2013Reply BriefEvent related to first petition filed in case. Petitioners Ashish Patel, et al's Reply Brief on the Merits. (HARD COPIES REC'D)
11/26/2013Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief filed on behalf of Pacific Legal Foundation in support of petitioners/cross-respondents Ashish Patel, et al., submitted by Mr. J. David Bremer, Pacific Legal Foundation, 930 G Street, Sacramento, CA.  (916) 419-7111, fax (916) 419--7747 (HARD COPIES REC'D)
11/26/2013Reply BriefEvent related to subsequent petition filed in case. Reply Brief on the Merits filed on behalf of Texas Department of Licensing and Regulation, et al.  (HARD COPIES REC'D)
11/04/2013Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of respondent Ashish Patel, et al. (HARD COPIES REC'D)
11/04/2013Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of the Texas Department of Licensing and Regulation.  (HARD COPIES REC'D)
09/16/2013Fully hyperlinked brief filedEvent related to subsequent petition filed in case. HYPERLINKED COPY:  Petitioner's Brief on the Merits filed on behalf of the Texas Department of Licensing and Regulation, et al.
09/13/2013Brief on the MeritsEvent related to first petition filed in case. Petitioner's Brief on the Merits filed on behalf of Ashish Patel.  (HARD COPIES REC'D)
09/13/2013Brief on the MeritsEvent related to subsequent petition filed in case. Petitioner Brief on the Merits filed on behalf of the Texas Department of Licensing and Regulation, et al.  (HARD COPIES REC'D)
05/02/2013Reply to ResponseEvent related to subsequent petition filed in case. Reply in Support of Petition for Review filed on behalf of Texas Dept. of Licensing and Regulation, et al.  (HARD COPIES REC'D)
05/02/2013Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Ashish Patel.  (HARD COPIES REC'D)
04/17/2013Response to PetitionRespondent Response to Petition for Review filed on behalf of State of Texas. (HARD COPIES REC'D)
04/17/2013Response to PetitionRespondent Response to Petition filed on behalf of Ashish Patel, et al. (HARD COPIES REC'D)
01/09/2013Petition for Review #2Petitioner Petition for Review #2 filed on behalf of of Texas Department of Licensing and Regulation, et al.  (HARD COPIES REC'D)
10/10/2012Petition for ReviewPetitioner Petition for Review filed on behalf of Ashish Patel, et al.  (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/19/2012Motion to dismiss disposedFiling granted Motion to Dismiss granted. The appeal of petitioner Tahereh Rokhti is severed, and her appeal is voluntarily dismissed.
11/30/2012Second Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file the Petition for Review filed on behalf of  Tex. Dept. of Licensing & Reg. Petition due 1/9/13. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/28/2012Second Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to file the Petition for Review filed on behalf of  Tex. Dept. of Licensing & Reg.
11/28/2012Motion to dismiss  Petitioner Tahereh Rokhti's Voluntarily Dismissal from the currently pending Petition for Review in this case pursuant TRAP 42.1(b).
11/26/2013Reply Brief  Petitioners Ashish Patel, et al's Reply Brief on the Merits. (HARD COPIES REC'D)
11/26/2013Amicus Curiae Brief received  Amicus Brief filed on behalf of Pacific Legal Foundation in support of petitioners/cross-respondents Ashish Patel, et al., submitted by Mr. J. David Bremer, Pacific Legal Foundation, 930 G Street, Sacramento, CA.  (916) 419-7111, fax (916) 419--7747 (HARD COPIES REC'D)
11/26/2013Reply Brief  Reply Brief on the Merits filed on behalf of Texas Department of Licensing and Regulation, et al.  (HARD COPIES REC'D)
11/04/2013Brief on the Merits  Response Brief on the Merits filed on behalf of respondent Ashish Patel, et al. (HARD COPIES REC'D)
11/04/2013Brief on the Merits  Response Brief on the Merits filed on behalf of the Texas Department of Licensing and Regulation.  (HARD COPIES REC'D)
11/02/2012Motion for Extension of Time to File Petition for Review disposedFiling granted Cross-Petition for Review is due December 10, 2012.
10/31/2012Motion for Extension of Time to File Petition for Review #2 filed  Unopposed Motion for Extension of Time to file Cross-Petition for Review. On behalf of Texas Department of Licensing and Regulation.
10/11/2012Judgment from the Court of Appeals  Judgment from the 3rd Court of Appeals filed as a Supplement to Appendix. On behalf of Ashish Patel, et al.  (HARD COPIES REC'D)
10/11/2012Phone call from Clerk's Office  To Mr. Panju's office - left voicemail in re:  efiling COA judgment.
10/10/2012Petition for Review  Petition for Review filed on behalf of Ashish Patel, et al.  (HARD COPIES REC'D)
09/19/2013Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Replies Brief on the Merits granted. Respondents' & Cross-Petitioner's Reply Brief is due 11/26/13. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/19/2013Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Responses Brief on the Merits granted. Respondents' & Cross-Petitioner's Resp Brief is due 11/04/13. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/18/2013Motion for Extension of Time to File Brief filed  JOINT Agreed Motion for Extension of Time to file Replies Brief on the Merits. On behalf of Ashish Patel, et al. & Texas Dept. of Licensing and Regulation, et al
09/18/2013Motion for Extension of Time to File Brief filed  JOINT Agreed Motion for Extension of Time to file Responses Brief on the Merits. On behalf of Ashish Patel, et al. & Texas Dept. of Licensing and Regulation, et al.
09/16/2013Fully hyperlinked brief filed  HYPERLINKED COPY:  Petitioner's Brief on the Merits filed on behalf of the Texas Department of Licensing and Regulation, et al.
09/13/2013Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Ashish Patel.  (HARD COPIES REC'D)
09/13/2013Brief on the Merits  Petitioner Brief on the Merits filed on behalf of the Texas Department of Licensing and Regulation, et al.  (HARD COPIES REC'D)
08/21/2013Notice from Counsel of a change in address  Letter from Wesley Hottot informing the Court of his updated mailing address, phone and fax numbers.
08/20/2015Case Stored  G02 Row 14 H-2
08/17/2012Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due October 10, 2012.
08/13/2012Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to File Petition for Review filed on behalf of Ashish Patel, et al.
08/06/2015Mandate issued  Mandate & Cost Bill Issued
08/06/2013Motion for Extension of Time disposed.Filing granted Petitioner brief due 09/13/13; Response brief due 10/03/13; Reply brief due 10/18/13. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED.
08/02/2013Response to Motion filed  Response to Second Motion for Extension of Time to File Petitioner Brief on the Merits filed on behalf of Ashish Patel, et al.
08/02/2013Phone call from Clerk's Office  Attorney Hottot will e-file a response by 08/05/13.
08/02/2013Motion for Extension of Time to File Brief filed  Opposed Motion for Extension of Time to File Petitioner Brief on the Merits filed on behalf of Ashish Patel, et al.
07/02/2013Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted.  Petitioner Briefs are due August 14, 2013.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FIING WILL BE DISFAVORED.  Response Briefs are due September 3, 2013.  Reply Briefs are due September 18, 2013.
07/02/2013Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Briefs on the Merits filed on behalf of Ashish Patel and the Texas Dept. of Licensing and Regulation.
06/26/2015Court approved judgment sent to attorneys of recordIssued
06/26/2015Dissenting opinion issued.Issued Justice Guzman delivered a dissenting opinion.
06/26/2015Dissenting opinion issued.Issued Chief Justice Hecht delivered a dissenting opinion, in which Justice Guzman and Justice Brown joined.
06/26/2015Concurring Opinion issued.Issued Justice Boyd delivered a concurring opinion.
06/26/2015Concurring Opinion issued.Issued Justice Willett delivered a concurring opinion, in which Justice Lehrmann and Justice Devine joined.
06/26/2015Opinion issuedIssued
06/26/2015Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Johnson delivered the opinion of the Court, in which Justice Green, Justice Willett, Justice Lehrmann, and Justice Devine joined.
(6/26/2015 1:31:18 PM) 120657d2.pdf, 120657d1.pdf, 120657c2.pdf, 120657c1.pdf, 120657.pdf, 12-0657.jmt.pdf
06/17/2013Case Record Filed   Electronic Appellate Record Received.
06/14/2013Record Requested in Case 
06/14/2013Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than 7/15/13; Response brief due 8/5/13; Reply brief due 8/20/13.
06/02/2015Letter Filed  Letter to notify the Court that the Texas House Bill 4069 failed to pass into law. On behalf of Respondents/Cross-Petitioners, Texas Department of Licensing and Regulation, et al.
05/21/2014Response to Amicus Curiae Brief filed  Response to Amicus of South Texas College of Law filed on behalf of Ashish Patel.
05/19/2014Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of South Texas College of Law. Submitted by Charles W. "Rocky" Rhodes.
05/02/2013Reply to Response  Reply in Support of Petition for Review filed on behalf of Texas Dept. of Licensing and Regulation, et al.  (HARD COPIES REC'D)
05/02/2013Reply to Response  Reply in Support of Petition for Review filed on behalf of Ashish Patel.  (HARD COPIES REC'D)
04/17/2015Letter Filed  Letter filed on behalf of Ashish Patel, et al.
04/17/2013Response to Petition  Response to Petition for Review filed on behalf of State of Texas. (HARD COPIES REC'D)
04/17/2013Response to Petition  Response to Petition filed on behalf of Ashish Patel, et al. (HARD COPIES REC'D)
04/16/2015Letter Filed  Letter filed on behalf of Respondents/Cross-petitioners Texas Department of Licensing and Regulation, et al.
04/08/2014Amicus Curiae Letter Received  Amicus Letter Brief filed on behalf of Houston Belt & Terminal Railway Co., BNSF.
03/19/2015Letter Filed  Letter filed on behalf of Texas Department of Licensing & Regulation, et al.
03/18/2015Letter Filed  Petitioner's Letter to briefly address the State’s letter of March 17. On behalf of Ashish Patel.
03/18/2014Letter sent to parties from Supreme Court - See Remarks  Letter sent directing petitioners that if they desire to supplement their letter response to TDLR’s post submission letter brief, then the supplemental response should be filed on or before 3/28/14 at 5:00 p.m.
03/17/2015Letter Filed  Letter bringing to the Courts attention Texas Senate Bill 1179 filed on behalf of Texas Department of Licensing and Regulation, et al.
03/14/2014Post submission brief filed  Post-Submission Letter brief filed on behalf of Ashish Patel, et al.
03/12/2014Post submission brief filed  Post Submission Brief filed on behalf of Texas Department of Licensing and Regulation.
03/12/2013Motion for Extension of Time disposed.Filing granted JOINT Motion to Extend Time to file Responses is granted. Ashish Patel & the TX DLR's Responses are due on April 17, 2013. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/07/2013Motion for Extension of Time to File Response  Cross-Respondents Ashish Patel, et al.'s & Respondents TDLR, et al.'s Agreed Motion to Extend the Time to file their respective Responses.
02/27/2014Oral argument   argued on behalf of petitioners/cross-respondents by Wesley Hottot; argued on behalf of respondents/cross-petitioners by Dustin M. Howell
02/27/2014Oral argument   argued on behalf of petitioners/cross-respondents by Wesley Hottot; argued on behalf of respondents/cross-petitioners by Dustin M. Howell
02/25/2014Amicus Curiae Brief received  Amici Curiae Brief of Houston Belt & Terminal Railway Co., BNSF Railway Co., and Union Pacific Railroad Co. Submitted by Richard B. Phillips, Jr. of Thompson & Knight LLP of Dallas Texas.
02/15/2013Supreme Court of Texas Requested Response  Requested response to both petitions for review due no later than 3/18/13.
02/10/2014Letter Filed  Letter informs the Court that petitioner has received licensure as an esthetician. Filed on behalf of Ashish Patel.
01/23/2014Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Wesley Otto on behalf of Ashish Patel.
01/21/2014Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Texas Department of Licensing and Regulation.
01/15/2014Case set for oral argumentCase set for oral argument Oral argument of this case will be conducted on Thursday, February 27, 2014 at 10:00 a.m. at Hill County Courthouse, Hillsboro, Texas. See Tex. Const. art. V, § 3(a).  Time allotted to argue: 20/20 minutes
01/15/2014Petition for Review disposedFiling granted
01/15/2014Petition for Review granted 
01/15/2014Case set for oral argumentCase set for oral argument Oral argument of this case will be conducted on Thursday, February 27, 2014 at 10:00 a.m. at Hill County Courthouse, Hillsboro, Texas. See Tex. Const. art. V, § 3(a).]; Time allotted to argue: 20/20 minutes
01/15/2014Petition for Review disposedFiling granted
01/15/2014Petition for Review granted 
01/15/2013Case forwarded to Court 
01/15/2013Case forwarded to Court 
01/14/2015Letter Filed  Letter in response to the additional citation of Petitioners Ashish Patel, et al. concerning the recent decision in Brantley v. Kuntz No. A-13-CA-872-SS, 2015 WL75244 (W.D. Tex. Jan. 5, 2015). On behalf of Texas Department of Licensing and Regulation.
01/09/2013Petition for Review #2  Petition for Review #2 filed on behalf of of Texas Department of Licensing and Regulation, et al.  (HARD COPIES REC'D)
01/08/2015Additional citations received.  Petitioner cites Brantley v. Kuntz, No. 13-CA-872, 2015 U.S. Dist. LEXIS 680 (W.D. Tex. Jan. 5, 2015). A copy of the slip opinion is included with this letter. On behalf of Ashish Patel.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/20/2015Case StoredCase stored.G02 Row 14 H-2
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Department of Licensing and RegulationRespondentMr. Jonathan F. Mitchell
Dustin Mark Howell
Ms. Amanda Cochran-McCall  
Mr. Daniel Tekstar Hodge
Ms. Nancy K. Juren
Mr. Gregory Abbott
Houston Belt & Terminal Railway Co., BNSFAmicus CuriaeMr. James B. Harris
Mr. Richard B. Phillips Jr.
Pacific Legal FoundationAmicus CuriaeMr. J. David Breemer
Patel, AshishPetitionerMr. Arif Panju  
Mr. Matthew R. Miller
Mr. Wesley Hottot
South Texas College of LawAmicus CuriaeMr. C. W. "Rocky" Rhodes
Court of Appeals Information:
Affirmed  
464 SW3d 369, 07-25-12 
3rd Court of Appeals 
Honorable Melissa Young Goodwin 
Trial Court Information
345th District Court 
Travis 
Honorable Gisela Danette Triana 
D-1-GN-09-004118