Supreme Court

Case: 13-0584    
13-0584
07/26/2013
Petition for Review/Cause under Rule 53.1
SOUTHWESTERN BELL TELEPHONE, L.P. D/B/A AT&T TEXAS 
ED EMMETT, EL FRANCO LEE, JACK MORMAN, STEVE RADACK, AND R. JACK CAGLE, AS MEMBERS OF THE HARRIS COUNTY COMMISSIONERS’ COURT; MICHAEL MARCOTTE, AS DIRECTOR OF THE CITY OF HOUSTON DEPARTMENT OF PUBLIC WORKS AND ENGINEERING; AND CITY OF HOUSTON 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/09/2014Exhibits in case/cause filedPetitioner Oral Argument Exhibit filed on behalf of Southwestern Bell Telepohone d/b/a AT&T Texas.
08/21/2014Fully hyperlinked brief filedPetitioner Hyperlinked Version of the Reply Brief on the Merits filed on 8-18-14 filed on behalf of Southwestern Bell Telephone, L.P.
08/18/2014Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Southwestern Bell Telephone, L.P.
07/24/2014Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Michael Marcotte.
07/23/2014Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of  Ed Emmett, et al.
06/09/2014Fully hyperlinked brief filedPetitioner Hyperlinked copy of AT&T Texas' Brief on the Merits, which was e-filed on June 4.
06/04/2014Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Southwestern Bell Telephone, L.P.
03/13/2014Fully hyperlinked brief filedPetitioner CD containing the Hyperlinked copy of Southwestern Bell Telephone LP's Reply to Responses to Petition for Review filed on 03.10.14.
03/10/2014Reply to ResponsePetitioner Reply to Petition filed on behalf of Southwestern Bell Telephone, LP.
02/05/2014Response to PetitionRespondent Response to Petition filed on behalf of Michael Marcotte.
02/05/2014Response to PetitionRespondent Response to Petition for Review filed on behalf of Ed Emmett, et al.
09/25/2013Petition for ReviewPetitioner Petition for Review filed on behalf of Southwestern Bell Telephone, L.P.  (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/30/2013Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time is granted.  Response of Michael Marcotte is due February 5, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/30/2013Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response of Michael Marcotte.
12/30/2013Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time is granted.  Response is due February 5, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/27/2013Motion for Extension of Time to File Response  Unopposed Motion for Extenison of Time to file Response. On behalf of Ed Emmett, et al.
12/10/2014Oral argument   Argued on behalf of petitioners by Macey Reasoner Stokes; argued on behalf of respondents, Ed Emmett, et al., by Bruce S. Powers; argued on behalf of respondent, City of Houston, by Geoff A. Gannaway
12/09/2014Exhibits in case/cause filed  Oral Argument Exhibit filed on behalf of Southwestern Bell Telepohone d/b/a AT&T Texas.
12/06/2013Supreme Court of Texas Requested Response  Requested response to petition for review due no later than 1/6/14.
11/13/2014Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Macey Reasoner Stokes of Baker Botts LLP of Houston, Texas. On behalf of Petitioner Southwestern Bell Telephone, L.P.
10/31/2014Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Geoff A. Gannaway on behalf of Michael Marcotte, as Director of the City of Houston Dept. of Public Works and Engineering, and the City of Houston.
10/29/2014Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Bruce S. Powers of the Harris County Attorney's Office on behalf of Ed Emmett, El Franco Lee, Sylvia Garcia, Steve Radack and Jerry Eversole.
10/29/2013Case forwarded to Court 
10/22/2013Response Waiver filed  Response waiver filed on behalf of Michael Marcotte and City of Houston.
10/21/2013Response Waiver filed  Response Waiver filed on behalf of Ed Emmett, El Franco Lee, Jack Morman, Steve Radack, and R. Jack Cagle, as Members of the Harris County Commissioners’ Court
10/03/2014Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 10, 2014.  Time allotted to argue:  20/20 minutes. (Justice Brown not sitting)
10/03/2014Petition for Review disposedFiling granted
10/03/2014Petition for Review granted 
09/25/2013Petition for Review  Petition for Review filed on behalf of Southwestern Bell Telephone, L.P.  (HARD COPIES REC'D)
08/21/2014Fully hyperlinked brief filed  Hyperlinked Version of the Reply Brief on the Merits filed on 8-18-14 filed on behalf of Southwestern Bell Telephone, L.P.
08/18/2014Reply Brief  Reply Brief on the Merits filed on behalf of Southwestern Bell Telephone, L.P.
07/29/2013Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time is granted.  Petition for review is due September 25, 2013.
07/28/2014Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted.  Reply Brief is due August 18, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/28/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Repy Brief on behalf of Southwestern Bell Telephone, L.P.
07/26/2013Motion 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 Southwestern Bell Telephone, LP.
07/24/2014Brief on the Merits  Response Brief on the Merits filed on behalf of Michael Marcotte.
07/23/2014Brief on the Merits  Respondents' Brief on the Merits filed on behalf of  Ed Emmett, et al.
06/20/2014Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Respondent's brief is due July 24, 2014; and Reply brief is due August 8, 2014.
06/20/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Ed Emmett, et al.
06/17/2014Motion for Extension of Time disposed.Filing granted Michael Marcotte, et al.'s Motion for Extension of Time to file Respondents Brief is granted. Further requests for extensions of time for this filing will be disfavored. Resps' Brief due July 24, 204; Pet's Reply Brief due August 8, 2014.
06/17/2014Motion for Extension of Time to File Brief filed  Unopposed First Motion for Extension of Time to File their Respondents’ Brief on the Merits. On behalf of Michael Marcotte, et al.
06/09/2014Fully hyperlinked brief filed  Hyperlinked copy of AT&T Texas' Brief on the Merits, which was e-filed on June 4.
06/04/2014Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Southwestern Bell Telephone, L.P.
05/14/2015Case Stored  G02 Row 14 E-2
05/02/2014Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to File Petitioner Brief on the Merits filed on behalf of Southwestern Bell Telephone, L.P. has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioner's brief due June 4, 2014; Response brief due June 24, 2014; Reply brief due July 9, 2014.
05/02/2014Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to File Petitioner Brief on the Merits filed on behalf of Southwestern Bell Telephone, L.P.
04/30/2015Mandate issued  Mandate & Cost Bill Issued
03/26/2014Case Record Filed   Electronic Appellate Record received.
03/26/2014Motion for Extension of Time disposed.Filing granted Petitioner brief due 05/21/14; Response brief due 06/10/14; Reply brief due 06/25/14; FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/26/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to File Petitioner Brief on the Merits filed on behalf of Southwestern Bell Telephone, L.P.
03/25/2014Record Requested in Case  Record requested from the 14th COA
03/21/2014Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than 4/21/14; Response brief due 5/12/14; Reply brief due 5/27/14
03/20/2015Court approved judgment sent to attorneys of recordIssued
03/20/2015Opinion issuedCourt of Appeals' judgment affirmed/remanded to trial court The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court.  Justice Johnson delivered the opinion of the Court.  (Justice Brown not sitting)
03/13/2014Fully hyperlinked brief filed  CD containing the Hyperlinked copy of Southwestern Bell Telephone LP's Reply to Responses to Petition for Review filed on 03.10.14.
03/10/2014Reply to Response  Reply to Petition filed on behalf of Southwestern Bell Telephone, LP.
02/11/2014MET to file reply disposed ofFiling granted Reply due 03/10/14.
02/10/2014Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to File Reply in Support of Petition for Review filed on behalf of Southwestern Bell Telephone, L.P.
02/05/2014Response to Petition  Response to Petition filed on behalf of Michael Marcotte.
02/05/2014Response to Petition  Response to Petition for Review filed on behalf of Ed Emmett, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/14/2015Case StoredCase stored.G02 Row 14 E-2
Parties
Party▲▼Party Type▲▼Representative▲▼
Marcotte, Michael RespondentMs. Constance H. Pfeiffer
Ms. Laura Nicole White
Ms. Laura Cahill  
Mr. David M. Feldman
Mr. David J. Beck
Ms. Malinda York Crouch
Mr. Geoffrey A. Gannaway  
Ms. Hope E. Hammill-Reh
Southwestern Bell Telephone, L.P.PetitionerMr. J. Stephen Barrick
Mr. Paul A. Drummond
Mr. Gregg C. Laswell
Richard M. Parr  
Ms. Macey Reasoner Stokes
Ms. Michelle Stratton  
Mr. Allen H. Rustay
Ms. Elizabeth Kay Ferrell
Ms. Shira R. Yoshor
Mr. Lennon G. Briley Jr.
Emmett, EdRespondentMr. Vincent R. Ryan Jr.
Mr. Bruce S. Powers
Court of Appeals Information:
Affirmed  
___SW3d___, 05-09-13 
14th Court of Appeals 
Honorable William J. Boyce 
Trial Court Information
189th District Court 
Harris 
Honorable William R. Burke 
2007-38986