Supreme Court

Case: 13-0515    
13-0515
07/05/2013
Second Petition for Review/Cause under Rule 53.1
JOHN KLUMB, VERONICA MCCLELLAND, VIVIAN MONTEJANO, JOHN GONZALEZ, ANITA ROBLES, AND CHARMAINE PILGRIM, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, AND THE CITY OF HOUSTON 
HOUSTON MUNICIPAL EMPLOYEES PENSION SYSTEM, BARBARA CHELETTE, DAVID L. LONG, LENARD POLK, ROY SANCHEZ, AND LONNIE VARA 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/09/2015Post submission brief filedPetitioner Reply to Response to Post-Submission Brief filed on behalf of John Klumb, et al.
12/12/2014Fully hyperlinked brief filedRespondent Hyperlinked version of the Respondents' Post-Submission Brief filed on December 9, 2014. On behalf of Houston Municipal Employees Pension Syst., et al.
12/09/2014Post submission brief filedRespondent Respondents' Post-Submission Brief. On behalf of Houston Municipal Employees Pension Syst., et al.
11/12/2014Post submission brief filedEvent related to subsequent petition filed in case. Post-submission Letter Brief filed on behalf of the City of Houston.
11/05/2014Exhibits in case/cause filedRespondent Oral Argument Exhibit filed on behalf of Houston Municipal Employees Pension System, et al.
10/30/2014Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amicus Curiae Houston Firefighters’ Relief and Retirement Fund. Submitted by Harriet O’Neill of Austin, Texas.
06/10/2014Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of City of Houston.
05/20/2014Reply BriefEvent related to first petition filed in case. Reply Brief on the Merits filed on behalf of John Klumb, et al.
05/05/2014Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Houston Municipal Employees Pension System, et al.
03/14/2014Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of City of Houston.
02/12/2014Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of John Klumb, et al.
11/27/2013Reply to ResponseEvent related to first petition filed in case. Petitioner 1, John Klumb, et al.'s Reply to Response to Petition for Review.  (HARD COPIES REC'D)
11/26/2013Reply to ResponseEvent related to subsequent petition filed in case. Reply in Support of Petition for Review filed on behalf of Houston Municipal Employee Pension System.
11/13/2013Response to PetitionRespondent Response to Petition for Review filed on behalf of Houston Municipal Employees Pension System, et al. (HARD COPIES REC'D)
07/08/2013Petition for Review #2Petitioner Petition for Review filed on behalf of City of Houston. (HARD COPIES REC'D)
07/05/2013Petition for ReviewPetitioner Petition for Review filed on behalf of John Klumb, et al. (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/23/2013Motion for Extension of Time disposed.Filing granted Unopposed First Motion for Extension of Time to file Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Petitioner's brief is due February 12, 2014; Respondent's brief is due March 4, 2014; and Reply brief is due March 19, 2014.
12/20/2013Motion for Extension of Time to File Brief filed  Unopposed First Motion for Extension of Time to file Brief on the Merits filed on behalf City of Houston.
12/17/2013Case Record Filed   Electronic Appellate Record received.
12/17/2013Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted.  Petitioner's Brief is due February 12, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.  Response Brief is due March 4, 2014.  Reply Brief is due March 19, 2014.
12/17/2013Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of John Klumb, et al.
12/16/2013Record Requested in Case  Record requested from the 1st COA
12/13/2013Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than 1/13/14; Response brief due 2/3/14; Reply brief due 2/18/14.
12/12/2014Fully hyperlinked brief filed  Hyperlinked version of the Respondents' Post-Submission Brief filed on December 9, 2014. On behalf of Houston Municipal Employees Pension Syst., et al.
12/09/2014Post submission brief filed  Respondents' Post-Submission Brief. On behalf of Houston Municipal Employees Pension Syst., et al.
11/27/2013Reply to Response  Petitioner 1, John Klumb, et al.'s Reply to Response to Petition for Review.  (HARD COPIES REC'D)
11/26/2013Reply to Response  Reply in Support of Petition for Review filed on behalf of Houston Municipal Employee Pension System.
11/13/2013Response to Petition  Response to Petition for Review filed on behalf of Houston Municipal Employees Pension System, et al. (HARD COPIES REC'D)
11/12/2014Post submission brief filed  Post-submission Letter Brief filed on behalf of the City of Houston.
11/06/2014Oral argument   Argued on behalf of petitioners, John Klumb, et al., by Reagan M. Brown; argued on behalf of petitioner, The City of Houston, by John B. Wallace; argued on behalf of respondents by Thomas R. Phillips and Travis J. Sales
11/06/2014Oral argument   Argued on behalf of petitioners, John Klumb, et al., by Reagan M. Brown; argued on behalf of petitioner, The City of Houston, by John B. Wallace; argued on behalf of respondents by Thomas R. Phillips and Travis J. Sales
11/05/2014Exhibits in case/cause filed  Oral Argument Exhibit filed on behalf of Houston Municipal Employees Pension System, et al.
10/30/2014Amicus Curiae Brief received  Brief of Amicus Curiae Houston Firefighters’ Relief and Retirement Fund. Submitted by Harriet O’Neill of Austin, Texas.
10/01/2014Oral Argument Submission Form from Attorney received  Oral Argument will be presented by John B. Wallace of the City of Houston Legal Department on behalf of Houston Municial Employees Pension System, et al.
09/30/2014Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Thomas R. Phillips and Travis Sales of Baker Botts LLP on behalf of Respondent, Houston Municipal Employees Pension System, et al.
09/30/2014Oral Argument Submission Form from Attorney received  Oral Argument Submission Form on behalf of petitioner, John Klumb, submitted by Mr. Reagan M. Brown, Fulbright & Jaworski.
09/20/2013Motion for Extension of Time disposed.Filing granted Responses to Petitions for Review due 11/13/13. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/20/2013Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to File Response filed on behalf of Houston Municipal Employees Pension System, et al.
09/13/2013Supreme Court of Texas Requested Response  Requested response to petition for review due no later than 10/14/13.
08/22/2014Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., November 6, 2014.  Time allotted to argue:  20/20 minutes
08/22/2014Petition for Review disposedFiling granted
08/22/2014Petition for Review granted 
08/22/2014Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., November 6, 2014. Time allotted to argue:  20/20 minutes
08/22/2014Petition for Review disposedFiling granted
08/22/2014Petition for Review granted 
08/13/2013Case forwarded to Court 
08/13/2013Case forwarded to Court 
07/16/2013Response Waiver filed  Response Waiver filed on behalf of Houston Municipal Employees Pension System, Barbara Chelette, David L. Long, Lenard Polk, Roy Sanchez, and Lonnie Vara.
07/08/2013Petition for Review #2  Petition for Review filed on behalf of City of Houston. (HARD COPIES REC'D)
07/05/2013Petition for Review  Petition for Review filed on behalf of John Klumb, et al. (HARD COPIES REC'D)
06/10/2014Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of City of Houston.
05/20/2014Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of The City of Houston has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Reply Brief due June 19, 2014.
05/20/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of The City of Houston.
05/20/2014Reply Brief  Reply Brief on the Merits filed on behalf of John Klumb, et al.
05/14/2015Case Stored  G02 Row 14 E-1
05/05/2014Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Houston Municipal Employees Pension System, et al.
04/30/2015Mandate issued  Mandate & Cost Bill Issued
04/09/2015Letter Filed  Letter informing the Court to withdraw Adam Milasincic as counsel for the Respondent.
03/20/2015Court approved judgment sent to attorneys of recordIssued
03/20/2015Opinion issuedIssued
03/20/2015Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment.  Justice Guzman delivered the opinion of the Court.

03/17/2014Motion for Extension of Time disposed.Filing granted Partially unopposed Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of HMEPS has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's Brief due May 5, 2014; Reply brief due May 20, 2014.
03/17/2014Electronic communication received from Party  Email received from Mr. Brown stating he will not be filing a response in opposition to the motion for extension of time.
03/17/2014Electronic communication sent to Party  Email sent to Mr. Brown to determine if he intends on filing a response in opposition to respondents motion for extension of time to file their brief on the merits.
03/17/2014Motion for Extension of Time to File Brief filed  Partially unopposed Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of HMEPS.
03/14/2014Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of City of Houston.
02/12/2014Motion for Extension of Time disposed.Filing granted City of Houston's 2nd Motion to Extend Time to file Brief is granted. NO FURTHER EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. City's Brief is due March 14, 2014, Resp's Brief is due April 3, 2014; Pets' Reply Brief is due April 18, 2014.
02/12/2014Phone call from Clerk's Office  call made to both, Klumb petitioners's counsel, and respondent's counsel. Mr. Brown is opposed to City of Houston's motion, but won't be filing a response. Mr. Sales will not oppose the requested extension as long as he doesn't have to file two responses brief.
02/12/2014Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of John Klumb, et al.
02/12/2014Motion for Extension of Time to File Brief filed  Opposed 2nd Motion for Extension of Time to file Petitioner's Brief on the Merits. On behalf of City of Houston.
01/09/2015Post submission brief filed  Reply to Response to Post-Submission Brief filed on behalf of John Klumb, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/14/2015Case StoredCase stored.G02 Row 14 E-1
Parties
Party▲▼Party Type▲▼Representative▲▼
Houston Firefighters’ Relief and Retirement FundAmicus CuriaeMs. Harriet O'Neill
Klumb, JohnPetitioner 1Mr. Reagan M. Brown
Ms. Katherine D. Mackillop
Houston Municipal Employees Pension SystemRespondentMr. Travis Sales
Ms. Michelle Stratton  
Mr. Thomas Phillips
City of HoustonPetitioner 2Mr. David M. Feldman
Ms. Lynette Fons
Ms. Judith Lee Ramsey
Mr. John B. Wallace
Court of Appeals Information:
Affirmed  
405 SW3d 204, 05-23-13 
1st Court of Appeals 
Honorable Laura C. Higley 
Trial Court Information
234th District Court 
Harris 
Honorable Mauricio Rondon 
2011-75492