Supreme Court

Case: 13-0597    
13-0597
08/02/2013
Second Petition for Review/Cause under Rule 53.1
PLAINS EXPLORATION & PRODUCTION COMPANY 
TORCH ENERGY ADVISORS INCORPORATED 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/19/2015Response to Amicus Curiae Brief filedPetitioner Petitioner's Response Letter to Amicus Curiae Letter filed on behalf of Plains Exploration & Production Company.
10/19/2015Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter filed on behalf of Richard O. Faulk.
10/08/2015Response to Amicus Curiae Brief filedPetitioner Petitioner's Response Letter to Amicus Curiae Briefs, filed on behalf of Plains Exploration & Production Company.
09/29/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas of Texas Civil Justice League submitted by George S. Christian.
09/29/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Richard P. Keeton and Shannon Ratliff.
08/28/2015Motion for RehearingRespondent's Motion for Rehearing of Cause filed Respondent's Motion for Rehearing filed on behalf of Torch Energy Advisors Incorporated.
02/23/2015Exhibits in case/cause filedRespondent Oral Argument filed on behalf of Torch Energy Advisors, Incorporated, et al.
02/23/2015Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of Plains Exploration & Production Co.
10/15/2014Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amicus Curiae of Pacific Legal Foundation in Support of Petitioner.
09/29/2014Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Plains Exploration & Production Co.
09/29/2014Reply BriefEvent related to subsequent petition filed in case. Reply Brief on the Merits filed on behalf of Torth Energy Advisors, Inc.
08/13/2014Brief on the MeritsPetitioner Response to Cross-Petitioners Brief on the Merits filed on behalf of Plains Exploration, et al.
08/13/2014Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Torch Energy Advisors, Inc.
06/23/2014Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Plains Exploration & Production Company.
06/23/2014Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Torch Energy Advisors Inc.
01/17/2014Reply to ResponseEvent related to subsequent petition filed in case. Reply to Petition filed on behalf of Torch Energy Advisors Inc.
01/02/2014Response to PetitionRespondent Response to Cross-Petition for Review. On behalf of Petitioner 1,  Plains Exploration & Prod. Co. (HARD COPIES REC'D)
01/02/2014Reply to ResponseEvent related to first petition filed in case. Reply in support of Petition for Review. On behalf of Plains Exploration & Prod. Co. (HARD COPIES REC'D)
11/20/2013Response to PetitionRespondent Response to Petition for Review #1 filed on behalf of Torch Energy AdvisorIncorporated.  (HARD COPIES REC'D)
11/20/2013Petition for Review #2Petitioner Cross Petition for Review #2 filed on behalf of Torch Energy Advisors,   Incorporated. (HARD COPIES REC'D)
10/04/2013Petition for ReviewPetitioner Petition for Review filed on behalf of Plains Exploration & Production Co.  (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
11/27/2013Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition and Reply in Support of Petition is Granted. Further requests for extensions of time will be disfavored. Response to Petition for Review and Reply in Support of Petition are due January 3, 2014.
11/27/2013Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review and Reply in Support of Petition filed on behalf of Plains Exploration & Production Co.
11/20/2013Response to Petition  Response to Petition for Review #1 filed on behalf of Torch Energy AdvisorIncorporated.  (HARD COPIES REC'D)
11/20/2013Petition for Review #2  Cross Petition for Review #2 filed on behalf of Torch Energy Advisors,   Incorporated. (HARD COPIES REC'D)
11/01/2013Motion for Extension of Time to File Response disposedFiling granted Response due 11/20/13.
11/01/2013Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Torch Energy Advisors, Inc.
11/01/2013Motion for Extension of Time to File Petition for Review disposedFiling granted Petition due 11/20/13.
11/01/2013Motion 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 Torch Energy Advisors, Inc.
10/23/2015Mandate issued  Mandate & Cost Bill Issued
10/23/2015Motion for Rehearing - DisposedDenied
10/19/2015Response to Amicus Curiae Brief filed  Petitioner's Response Letter to Amicus Curiae Letter filed on behalf of Plains Exploration & Production Company.
10/19/2015Amicus Curiae Letter Received  Amicus Curiae Letter filed on behalf of Richard O. Faulk.
10/15/2014Amicus Curiae Brief received  Brief of Amicus Curiae of Pacific Legal Foundation in Support of Petitioner.
10/08/2015Response to Amicus Curiae Brief filed  Petitioner's Response Letter to Amicus Curiae Briefs, filed on behalf of Plains Exploration & Production Company.
10/04/2013Petition for Review  Petition for Review filed on behalf of Plains Exploration & Production Co.  (HARD COPIES REC'D)
09/29/2015Amicus Curiae Brief received  Amicus Brief of Texas of Texas Civil Justice League submitted by George S. Christian.
09/29/2015Amicus Curiae Brief received  Amicus Brief of Richard P. Keeton and Shannon Ratliff.
09/29/2014Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Plains Exploration & Production Co.
09/29/2014Reply Brief  Reply Brief on the Merits filed on behalf of Torth Energy Advisors, Inc.
08/31/2015Letter Filed  Waiver of Response to Motion for Rehearing filed on behalf of Plains Exploration & Production Company
08/30/2013Second Motion for Extension of Time to File Petition for Review disposedFiling granted Opposed second Motion for Extension of Time to file Petition for Review filed on behalf of Plains Exploration & Production Company has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition due October 4, 2013.
08/29/2013Response to Motion filed  Response to Petitioner’s Second Motion for Extension of Time to File Petition for Review filed on behalf of Torch Energy Advisors Incorporated.
08/28/2015Case forwarded to Court 
08/28/2015Motion for Rehearing  Respondent's Motion for Rehearing filed on behalf of Torch Energy Advisors Incorporated.
08/28/2013Call received  Mr. Dubose will be filing a response in opposition to the motion for extension of time by 8/29/13.
08/28/2013Phone call from Clerk's Office  Spoke with respondent attorney Mr. Kevin Dubose regarding the opposition to the motion for extension of time. He will call back later today with a decision.
08/27/2013Second Motion for Extension of Time to File Petition for Review filed  Opposed second Motion for Extension of Time to file Petition for Review filed on behalf of Plains Exploration & Production Company.
08/25/2014Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Briefs is granted.  Reply Briefs are due September 29, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
08/22/2014Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Reply Briefs on the Merits filed on behalf of Plains Exploration & Production Co.
08/13/2014Brief on the Merits  Response to Cross-Petitioners Brief on the Merits filed on behalf of Plains Exploration, et al.
08/13/2014Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Torch Energy Advisors, Inc.
08/07/2013Motion for Extension of Time to File Petition for Review disposedFiling granted Petition due 09/04/13.
08/06/2013Response to Motion for Extension of Time to File Petition for Review  Response to Motion for Extension of Time to file Petition for Review. On behalf of Torch Energy Advisors Inc.
08/02/2013Phone call from Clerk's Office  Left message for attorney Dubose to inform whether he will e-file a response by 08/08/13.
08/02/2013Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to File Petition for Review filed on behalf of Plains Exploration & Production Company.
07/27/2015Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Second Motion for Extension of Time to file Motion for Rehearing is Granted. No further extensions of time will be considered. Motion for Rehearing is due August 28, 2015.
07/24/2015Motion for Extension of Time to File Motion for Rehearing  Unopposed Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of Torch Energy Advisors, Inc.
07/08/2014Motion for Extension of Time disposed.Filing granted Joint 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 August 13, 2014; and Reply brief is due August 28, 2014.
07/07/2015Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to File Motion for Rehearing is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Rehearing is due July 29, 2015.
07/07/2014Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Respondent's Brief on the Merits.
06/23/2014Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Plains Exploration & Production Company.
06/23/2014Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Torch Energy Advisors Inc.
06/17/2015Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to File Motion for Rehearing. On behalf of Torch Energy Advisors, Incorporated, et al.
06/12/2015Court approved judgment sent to attorneys of recordIssued
06/12/2015Dissenting opinion issued.Issued Justice Johnson delivered a dissenting opinion.
06/12/2015Opinion issuedIssued
06/12/2015Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses the court of appeals' judgment and renders judgment.  Justice Guzman delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Willett, Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Brown joined.
(6/12/2015 2:27:51 PM) 13-0597.jmt.pdf, 130597d.pdf, 130597.pdf
05/19/2014Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Petitioner's Briefs on the Merits is Granted. No further extensions of time will be considered. Petitioner's brief is due June 23, 2014; Respondent's brief is due July 14, 2014; and Reply brief is due July 29, 2014.
05/16/2014Motion for Extension of Time to File Brief filed  Second Joint Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Plains Exploration & Production Co. & Torch Energy Advisors, Inc.
04/18/2014Phone call from Clerk's Office  Call made to petitioner attorney, David Gunn, letting him know that the Court granted the motion for extension of time for 32 days instead of the requested 37 days.  Left voicemail.
04/18/2014Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to File their respective Briefs on the Merits granted.  Petitioners briefs due no later than 5/23/14; Response brief due 6/12/14; Reply brief due 6/27/14.  Further requests for extensions of time will be disfavored.
04/17/2014Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to File their respective Briefs on the Merits. On behalf of Petitioner, Plains Exploration & Production Company, and Cross-Petitioner, Torch Energy Advisors Inc
03/28/2014Case Record Filed   Electronic Appellate Record received.
03/25/2014Record Requested in Case  Record requested from the 1st 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
02/24/2015Oral argument   Argued on behalf of Petitioner by David M. Gunn and Scott A. Brister; Argued on behalf of Respondent by Harriet O'Neill
02/24/2015Oral argument   Argued on behalf of Petitioner by David M. Gunn and Scott A. Brister; Argued on behalf of Respondent by Harriet O'Neill
02/23/2015Exhibits in case/cause filed  Oral Argument filed on behalf of Torch Energy Advisors, Incorporated, et al.
02/23/2015Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Plains Exploration & Production Co.
02/12/2015Oral Argument Submission Form from Attorney received  Amended Oral Argument Submission Form filed on behalf of Respondent Torch Energy Advisors Incorporated. Oral Argument will be presented by Harriet O'Neill of the Law Office of Harriet O'Neill, P.C.
02/12/2015Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Petitioner Plains Exploration & Production Company. Oral Argument will be presented by Scott A. Brister of Andrews Kurth LLP and David M. Gunn of Beck Redden LLP.
02/05/2015Phone call from Clerk's Office  To Justice O'Neill's office - spoke to Molly and requested that the OA submission form be resubmitted along with the $75 submission fee.
02/05/2015Oral Argument Submission Form from Attorney received  Oral argument submission form submitted on behalf of respondents, Torch Energy Advisors, Inc., oral argument will be presented by The Hon. Harriett O'Neill.
01/30/2015Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 24, 2015. Time allotted to argue:  20/20 minutes.
01/30/2015Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 24, 2015.  Time allotted to argue:  20/20 minutes
01/30/2015Petition for Review disposedFiling granted
01/30/2015Petition for Review granted 
01/30/2015Petition for Review disposedFiling granted
01/30/2015Petition for Review granted 
01/17/2014Reply to Response  Reply to Petition filed on behalf of Torch Energy Advisors Inc.
01/07/2014Case forwarded to Court 
01/07/2014Case forwarded to Court 
01/03/2014Call received  From respondent (TORCH ENERGY ADVISORS's attorney to inform the Court that their office will be efiling a response to pet's reply brief.
01/02/2014Response to Petition  Response to Cross-Petition for Review. On behalf of Petitioner 1,  Plains Exploration & Prod. Co. (HARD COPIES REC'D)
01/02/2014Reply to Response  Reply in support of Petition for Review. On behalf of Plains Exploration & Prod. Co. (HARD COPIES REC'D)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/03/2016Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Pacific Legal FoundationAmicus CuriaeWencong Fa
Plains Exploration & Production CompanyPetitionerMr. Billy Shepherd
Mr. William Robert Peterson
Mr. David Wayne Clawater
Mr. Stephen R. Bailey
Mr. David Gunn
Chief Justice Scott Brister
Faulk, Richard O.Amicus CuriaeMr. Richard O. Faulk
Ratliff, ShannonAmicus CuriaeMr. Shannon H. Ratliff
Keeton, Richard P.Amicus CuriaeMr. Richard P. Keeton
Torch Energy Advisors IncorporatedRespondentMs. Whitney Brieck  
Ms. Jennifer Ruth Josephson
Mr. Michael D. Conner  
Ms. Harriet O'Neill
Mr. Eric Scott Lipper  
Mr. Kevin H. Dubose
Mr. Barry F. Cannaday  
Mr. Wallace B. Jefferson  
Ms. Rachel A. Ekery  
Texas Civil Justice LeagueAmicus CuriaeMr. George S. Christian
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
409 SW3d 46, 06-20-13 
1st Court of Appeals 
Honorable Laura C. Higley 
Trial Court Information
269th District Court 
Harris 
Honorable Daniel Earle Hinde 
2010-50535