Supreme Court

Case: 13-1014    
13-1014
12/20/2013
Petition for Review/Cause under Rule 53.1
RANDOL MILL PHARMACY, KVG ENTERPRISES, INC., GARY G. DALEY, JOHN WAYNE BAILEY, JAMES ROBERT FORSYTHE, KEVIN LYNN HEIDE, JULIE KNOWLTON LUBBERT, AND CARA MORRELL 
STACEY MILLER AND RANDY MILLER 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/29/2015Reply to Response to Motion for Rehearing filedRespondent Reply to Response to Motion for Rehearing filed on behalf of Stacey Miller, et al.
06/22/2015Response to Motion for RehearingPetitioner Response to Motion for Rehearing filed on behalf of Randoll Mill Phamarcy, et al.
05/11/2015Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Stacey Miller, et al.
09/19/2014Reply BriefPetitioner Reply brief on the Merits filed on behalf of Randoll Mill Pharmacy, et al.  
09/05/2014Brief on the MeritsRespondent Brief on the Merits filed on behalf of Stacey and Randy Miller.
07/16/2014Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Randoll Mill Pharmacy.
05/15/2014Surreply filedRespondent Respondents, Stacey and Randy Miller, Sur-Reply to Petitioner's Reply to Petition.
04/29/2014Reply to ResponsePetitioner Reply to Petition filed on behalf of Randoll Mill Pharmacy.
03/31/2014Response to PetitionRespondent Response to Petition for Review filed on behalf of Stacey Miller, et al.
02/12/2014Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amicus Curiae filed on behalf of Alliance of Independent Pharmacists - Texas, et al.
02/10/2014Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Pharmacy Association.  Submitted by Mark A. Keene, KEENE & SEIBERT, P.C. , 2700 Bee Cave Road, Suite 120 , Austin, Texas 78746 , Telephone: (512) 343-6248.
01/06/2014Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amicus Curiae of Southwest Pharmacy Solutions d/b/a American Pharmacies in Support of the Petitioners, submitted by Mr. Miguel S. Rodriguez, Taylor Dunham LLP, 301 Congress Avenue, Suite 1050, Austin, TX  78701, Phone (512) 473-2257, Fax (512) 478-4409.  (HARD COPIES REC'D)
12/20/2013Petition for ReviewPetitioner Petition for Review filed on behalf of Randoll Mill Pharmacy, et al.  (HARD COPIES REC'D)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
09/11/2015Mandate issued  Mandate & Cost Bill Issued
09/11/2015Motion for Rehearing - DisposedDenied
07/31/2015Designation of Lead Counsel   Notice of Lead Counsel filed on behalf of Randoll Mill Pharmacy.
06/29/2015Reply to Response to Motion for Rehearing filed  Reply to Response to Motion for Rehearing filed on behalf of Stacey Miller, et al.
06/22/2015Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Randoll Mill Phamarcy, et al.
06/05/2015Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than June 22, 2015.
05/11/2015Case forwarded to Court 
05/11/2015Motion for Rehearing  Motion for Rehearing filed on behalf of Stacey Miller, et al.
04/24/2015Court approved judgment sent to attorneys of recordIssued
04/24/2015Opinion 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 Lehrmann delivered the opinion of the Court.
(4/24/2015 3:02:42 PM) 13-1014.jmt.pdf, 131014.pdf
01/14/2015Oral argument   Argued on behalf of petitioners by Erin E. Lunceford; argued on behalf of respondents by Greg Fitzgerald
11/25/2014Letter Filed  Letter received to notify the Court of Respondent's updated Oral Argument Submission Form.
11/25/2014Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Greg Fitzgerald on behalf of respondents Stacy Miller and  Randy Miller.
11/24/2014Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Erin E. Lunceford of Sprott Newsom Lunceford Quattlebaum Messenger of Houston Texas. On behalf of petitioners Randoll Mill Pharmacy, et al.
10/24/2014Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 14, 2015.  Time allotted to argue:  20/20 minutes
10/24/2014Petition for Review disposedFiling granted
10/24/2014Petition for Review granted 
10/24/2014Motion to strike disposedDenied Respondents' Motion to Strike or Return Amicus Curiae Brief denied
10/17/2014Miscellaneous motion disposed. See Remarks.Filing dismissed as moot Motion for Leave to File Sur-Reply to Petition for Review dismissed as moot.
09/19/2014Reply Brief  Reply brief on the Merits filed on behalf of Randoll Mill Pharmacy, et al.  
09/05/2014Brief on the Merits  Brief on the Merits filed on behalf of Stacey and Randy Miller.
09/05/2014Motion for Extension of Time disposed.Filing granted Respondent's Second Motion for Extension of Time to file Brief on the Merits is Granted. The Brief is considered filed as of September 5, 2014.
09/05/2014Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Brief on the Merits filed on behalf of Stacey Miller and Randy Miller.
09/05/2014Phone call from Clerk's Office  Left voice mail message with Mr. Minton requesting a motion for extension of time to file respondent's brief on the merits be filed before we can accept his respondent's brief on the merits (untimely filed - one day late).
08/20/2014Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted.  Response Brief is due September 4, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.  Reply Brief is due September 19, 2014.
08/20/2014Motion for Extension of Time to File Brief filed  Agreed Motion for Extension of time to file Response Brief on the Merits filed on behalf of Stacy Miller.
08/19/2014Call received  Call received from respondent attorney, Michael Minton, letting the Court know he will be filing an extension of time to file response brief this week.
08/19/2014Phone call from Clerk's Office  Call made to respondent attorney Michael Minton regarding status of response brief due; left voicemail.
07/16/2014Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Randoll Mill Pharmacy.
06/09/2014Motion for Extension of Time disposed.Filing granted Motion to Extension of Time to file Petitioners' Brief on the Merits is granted. Further requests for extensions of time for this filing will be disfavored. Pets' Brief due July 16, 2014; Respose Brief due August 5, 2014; Pets' Reply Brief due August 20, 2014.
06/09/2014Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits. On behalf of Randoll Mill Pharmacy, et al.
05/19/2014Case Record Filed   Electronic Appellate Record received.
05/19/2014Record Requested in Case  Record requested from the 2nd COA
05/16/2014Brief on the Merits Ordered  Briefing on the merits requested: Petitioner's brief due no later than 6/16/14; Response brief due 7/7/14; Reply brief due 7/22/14.
05/15/2014Motion for leave to file brief  Motion to Leave to file Sur-Reply filed on behalf of Stacey and Randy Miller.
05/15/2014Surreply filed  Respondents, Stacey and Randy Miller, Sur-Reply to Petitioner's Reply to Petition.
04/29/2014Reply to Response  Reply to Petition filed on behalf of Randoll Mill Pharmacy.
04/10/2014MET to file reply disposed ofFiling granted Reply due 04/29/14.
04/10/2014Motion 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 Randoll Mill Pharmacy, et al.
03/31/2014Response to Petition  Response to Petition for Review filed on behalf of Stacey Miller, et al.
03/20/2014Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time is granted.  Response is due March 31, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/20/2014Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response filed on behalf of Stacey Miller.
02/21/2014Supreme Court of Texas Requested Response  Requested response to petition for review due no later than 3/24/14.
02/19/2014Response to Motion filed  Amicus Curiae Texas Pharmacy Association’s Response to Respondents Stacey & Randy Miller's Motion to Strike or Return Amicus Curiae Brief
02/18/2014Call received  Attorney Keene will be e-filing a response to the motion to strike as soon as possible.
02/14/2014Motion to Strike filed  Respondents’ Motion to Strike or Return Amicus Curiae Brief of Texas Pharmacy Association. On behalf of Stacey Miller and Randy Miller.
02/12/2014Amicus Curiae Brief received  Brief of Amicus Curiae filed on behalf of Alliance of Independent Pharmacists - Texas, et al.
02/10/2014Amicus Curiae Brief received  Amicus Brief of Texas Pharmacy Association.  Submitted by Mark A. Keene, KEENE & SEIBERT, P.C. , 2700 Bee Cave Road, Suite 120 , Austin, Texas 78746 , Telephone: (512) 343-6248.
01/21/2014Case forwarded to Court 
01/17/2014Response Waiver filed  Response Waiver and Designation of Michael W. Minton as lead counsel filed on behalf of Stacey and Randy Miller.
01/06/2014Amicus Curiae Brief received  Brief of Amicus Curiae of Southwest Pharmacy Solutions d/b/a American Pharmacies in Support of the Petitioners, submitted by Mr. Miguel S. Rodriguez, Taylor Dunham LLP, 301 Congress Avenue, Suite 1050, Austin, TX  78701, Phone (512) 473-2257, Fax (512) 478-4409.  (HARD COPIES REC'D)
12/27/2013Call received  Spoke with Erin Lunceford and she will resubmit the corrected petition for review on Monday morning.
12/27/2013Phone call from Clerk's Office  Left message with Erin Lunceford. We received two courtesy copies of the petition for review, along with $145 check. The petition for review is still rejected because the appendix did not contain the trial court judgment and court of appeals judgment. Asked her efile and resubmit the corrected petition for review along with the filing fee.
12/20/2013Petition for Review  Petition for Review filed on behalf of Randoll Mill Pharmacy, et al.  (HARD COPIES REC'D)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/02/2016Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Southwest Pharmacy SolutionsAmicus CuriaeMr. Miguel S. Rodriguez
Randoll Mill PharmacyPetitionerMs. Erin E. Lunceford
Ms. Michele Quattlebaum
Miller, StaceyRespondentMr. Robert G. "Greg" Fitzgerald
Mr. Michael W. Minton
Texas Pharmacy AssociationAmicus CuriaeMr. Mark Alan Keene
Alliance of Independent Pharmacists - TexasAmicus CuriaeMr. Jay B. Stewart
Mr. E. Lee Parsley  
Court of Appeals Information:
Affirmed  
___ SW3d ___, 09-19-13 
2nd Court of Appeals 
Honorable Sue Walker 
Trial Court Information
348th District Court 
Tarrant 
Honorable Dana Womack 
348-259573-12