Supreme Court

Case: 14-0507    
14-0507
06/27/2014
Petition for Review/Cause under Rule 53.1
INEOS USA, LLC F/K/A INNOVENE USA, LLC, INEOS POLYMERS, INC., A/K/A INEOS OLEFINS, INEOS OLEFINS & POLYMERS USA, A DIVISION OF INEOS USA, LLC, AND JONATHAN “BUBBA” PAVLOVSKY 
JOHANNES “JOE” ELMGREN AND VALARIE ELMGREN, INDIVIDUALLY AND AS NEXT FRIENDS OF THEIR MINOR CHILDREN 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/27/2016Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of INEOS USA, LLC.
09/06/2016Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Johannes "Joe" Elmgren.
07/05/2016Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter filed on behalf of Celanese Corporation and Resolute Management, Inc.  Submitted by Robert Gilbreath with Hawkins Parnell Thackston & Young of Dallas, Texas.
04/07/2016Petition for Review #2Petitioner Petition for Review filed on behalf of Johannes "Joe" Elmgren.  
10/05/2015Reply BriefPetitioner Petitioners Reply Brief filed on behalf of INEOS USA, LLC et al.
08/19/2015Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Johannes "Joe" Elmgren, et al.
05/22/2015Brief on the MeritsPetitioner Petitioner's Brief on the Merits. On behalf of INEOS, USA, LLC, et al.
01/26/2015Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of INEOS USA LLC, et al.
01/09/2015Response to PetitionRespondent Response to Petition for Review filed on behalf of Johannes "Joe" Elmgren and Valarie Elmgren, et al.
08/29/2014Petition for ReviewPetitioner Petition for Review filed on behalf of INEOS USA, LLC.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/21/2015Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of INEOS USA, LLC, et al. Petitioners' Oral Argument will be presented by David M. Gunn of Beck Redden LLP of Houston, Texas.
12/16/2016Motion for Rehearing - DisposedDenied
12/10/2014Motion for Extension of Time to File Response disposedFiling granted Second Motion for Extension of Time to file Response to Petition is Granted. Response is due January 9, 2015. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED.
12/10/2014Motion for Extension of Time to File Response  Second Unopposed Motion for Extension of Time to file Response to Petition filed on behalf of Johannes Elmgren, et al.
11/20/2015Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 12, 2016.  Time allotted to argue:  20/20 minutes.
11/20/2015Petition for Review disposedFiling granted
11/20/2015Petition for Review granted 
11/07/2014Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition is Granted; Response is due December 10, 2014. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/07/2014Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Johannes Elmgren, et al.
10/10/2014Supreme Court of Texas Requested Response  Requested response to petition for review due no later than November 10, 2014.
10/05/2015Reply Brief  Petitioners Reply Brief filed on behalf of INEOS USA, LLC et al.
09/27/2016Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of INEOS USA, LLC.
09/12/2016Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than September 27, 2016.
09/11/2015Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Reply Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Reply brief is due October 5, 2015.
09/09/2014Case forwarded to Court 
09/06/2016Case forwarded to Court 
09/06/2016Motion for Rehearing  Motion for Rehearing filed on behalf of Johannes "Joe" Elmgren.
09/02/2014Response Waiver filed  Response Waiver filed on behalf of Johannes Elmgren, et al.
08/29/2014Petition for Review  Petition for Review filed on behalf of INEOS USA, LLC.
08/28/2015Motion 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 INEOS USA, LLC, et al.
08/19/2015Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Johannes "Joe" Elmgren, et al.
08/09/2016Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second Motion for Extension of Time to file Motion for Rehearing is Granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Motion for Rehearing is due September 6, 2016.
08/05/2016Motion 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 Johannes Elmgren, et al.
07/29/2014Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review is granted. Petition is due August 29, 2014. Further requests for extensions of time for this filing will be disfavored.
07/29/2014Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to File their Petition for Review. On behalf of INEOS USA, LLC, et al.
07/21/2015Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits is Granted. No further extensions of time will be considered. Respondent's brief is due August 19, 2015; and Reply brief is due September 3, 2015.
07/20/2015Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Johannes Elmgren, et al.
07/05/2016Amicus Curiae Letter Received  Amicus Letter filed on behalf of Celanese Corporation and Resolute Management, Inc.  Submitted by Robert Gilbreath with Hawkins Parnell Thackston & Young of Dallas, Texas.
07/05/2016Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to file Motion for Rehearing is Granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due August 4, 2016.
07/01/2016Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Johannes Elmgren, et al.
06/27/2014Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time is granted.  Petition for Review is due July 30, 2014.
06/27/2014Motion 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 INEOS USA, LLC.
06/19/2015Motion 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 20, 2015; and Reply brief is due August 4, 2015.
06/18/2015Motion 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 Johannes "Joe" Elmgren, et al.
06/17/2016Court approved judgment sent to attorneys of recordIssued
06/17/2016Opinion issuedCourt affirms in part, reverses in part and renders court of appeals' judgment The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment. Justice Boyd delivered the opinion of the Court.
(6/17/2016 4:03:54 PM) 140507.pdf, 14-0507.jmt.pdf
06/17/2016Petition for Review disposedDenied Respondent Elmgren Cross-Petition for Review denied
06/17/2016Miscellaneous motion disposed. See Remarks.Denied Respondent's Motion for Leave to Late File Conditional Cross-Petition for Review denied
05/22/2015Brief on the Merits  Petitioner's Brief on the Merits. On behalf of INEOS, USA, LLC, et al.
04/24/2015Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Ineos USA, LLC, et al. has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioner's Brief is due May 29, 2015; Respondent's Brief is due June 18, 2015; Reply Brief is due July 3, 2015.
04/24/2015Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Ineos USA, LLC, et al.
04/11/2016Response to Motion for Extension of Time to File Petition for Review  Response to Motion for Leave to Late File Conditional Cross-Petition for Review filed on behalf of INEOS USA, LLC, et al.
04/07/2016Phone call from Clerk's Office  Called Mr. David Gunn, counsel for petitioners/cross-respondents. He said that most likely they will be filing a response to the motion for leave to late file cross petition for review.
04/07/2016Miscellaneous Motion  Respondent Johannes Elmgren's Motion for Leave to Late File Conditional Cross-Petition for Review.
04/07/2016Petition for Review #2  Petition for Review filed on behalf of Johannes "Joe" Elmgren.  
03/25/2015Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Petitioner's Brief is due April 29, 2015; Respondent's brief is due May 19, 2015; and Reply is due June 3, 2015.
03/24/2015Motion for Extension of Time to File Brief filed  Unopposed First Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Ineos USA, LLC, et al.
03/03/2015Case Record Filed   Electronic Appellate Record received.
03/02/2015Record Requested in Case  Record requested from the 14th COA
02/27/2015Brief on the Merits Ordered  Brief on the merits requested:  Petitioner brief due no later than March 30, 2015; Response brief due April 20, 2015; Reply brief due May 5, 2015.
01/26/2017Mandate issued  Mandate & Cost Bill Issued
01/26/2015Reply to Response  Reply in support of Petition for Review filed on behalf of INEOS USA LLC, et al.
01/12/2016Oral argument   Argued on behalf of petitioners by David M. Gunn; Argued on behalf of respondents by Peter M. Kelly
01/09/2015Response to Petition  Response to Petition for Review filed on behalf of Johannes "Joe" Elmgren and Valarie Elmgren, et al.
01/07/2016Oral Argument Submission Form from Attorney received  Oral Argument Submission Form, filed on behalf of Johannes Elmgren, et al. Oral Argument will be presented by Peter M. Kelly of Kelly, Durham & Pittard, L.L.P.
01/05/2016Phone call from Clerk's Office  Call made to respondent attorney, Peter Kelly, for oral argument submission schedule.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/26/2017Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Elmgren, ValerieRespondentMr. David L. Sheller
Mr. Lynn J. Klement
The Honorable Peter Kelly
Ms. Donna Roth
INEOS Olefins & Polymers USAPetitionerMr. Matthew W. Childs
Ms. Erin H. Huber
Mr. Charles Flores
Mr. David Gunn
Celanese Corporation and Resolute Management, Inc.Amicus CuriaeMr. Robert B. Gilbreath
INEOS USA, LLCPetitionerMr. Charles Flores
Mr. Matthew W. Childs
Mr. David Gunn
Ms. Erin H. Huber
INEOS Polymers, Inc.PetitionerMr. Matthew W. Childs
Ms. Erin H. Huber
Mr. Charles Flores
Mr. David Gunn
Elmgren, Johannes JoeRespondentMs. Donna Roth
Mr. David L. Sheller
Mr. Lynn J. Klement
The Honorable Peter Kelly
Pavlovsky, Jonathan BubbaPetitionerMs. Erin H. Huber
Mr. Charles Flores
Mr. David Gunn
Mr. Matthew W. Childs
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
431 SW3d 656, 03-20-14 
14th Court of Appeals 
Honorable Marc W. Brown 
Trial Court Information
412th Distric Court 
Brazoria 
Honorable William Edwin Denman 
61590