Supreme Court

Case: 14-0819    
14-0819
10/09/2014
Petition for Review originally filed as 53.7(f)
CADENA COMERCIAL USA CORP. D/B/A OXXO 
TEXAS ALCOHOLIC BEVERAGE COMMISSION 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/04/2017Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of Cadena Comercial USA.
12/19/2016Post submission brief filedReceived (instead of filed) Post-Submission Letter received on behalf Texas Association of Business and McLane Company, Inc.
12/12/2016Post submission brief filedRespondent Response to the Post-Submission Letter Briefs of petitioner Cadena Comercial USA Corp. and amici curiae McLane Co. and the Texas Association of Business. On behalf of Texas Alcoholic Beverage Commission.
10/17/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of the Wholesale Beer Distributors of Texas in support of Respondent. Submitted by Keith Strama of Beatty Bangle Strama, PC of Austin, Texas.
10/14/2016Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter filed on behalf of Texas Association of Business.
10/14/2016Post submission brief filedPetitioner Post Submission Letter Brief filed on behalf of Cadena Comercial USA Corp.
10/02/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received from Murphy Oil USA Inc. Submitted by Dale Wainwright with Bracewell LLP of Austin, Texas.
09/28/2016Corrected BriefAmicus Curiae Corrected Amicus Brief of Texas Public Policy Foundation. Submitted by Chance Weldon of Austin, Texas.
09/28/2016Exhibits in case/cause filedPetitioner Exhibits for Oral Argument filed on behalf of Cadena Comercial USA Corp.
09/26/2016Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of the Texas Association of Business and McLane Company, in support of Cadena Comercial USA Corp. Submitted by James C. Ho of Gibson, Dunn & Crutcher LLP of Dallas, Texas.
09/23/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Texas Public Policy Foundation.
09/21/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of the Center for Alcohol Policy. Submitted by Harriet O'Neill of Austin, Texas.
09/19/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of the Wholesale Beer Distributors of Texas. Submitted by Keith Strama of Beatty Bangle Strama, PC of Austin, Texas.
05/26/2016Response to Amicus Curiae Brief filedRespondent Response to Brief of Amici Curiae Mclane Co., Inc. and the Texas Association of Business filed on behalf of Texas Alcoholic Beverage Commission.
05/09/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the Texas Association of Business and McLane Company, Inc. Submitted by James C. Ho of Gibson, Dunn & Crutcher LLP of Dallas, Texas.
05/02/2016Response to Amicus Curiae Brief filedPetitioner Response to the Brief of Amicus Curiae The Beer Alliance of Texas. On behalf of Cadena Comercial USA Corp.
04/07/2016Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter Brief of Texas Association of Business and McLane Company, Inc.
03/15/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Beer Alliance of Texas submitted by Christopher Dove.
03/08/2016Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter filed on behalf of Texas Association of Business and McLane Company, Inc.
02/29/2016Reply BriefPetitioner Petitioner's Brief on the Merits filed on behalf of Cadena Comercial USA Corp.
12/09/2015Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Texas Alcoholic Beverage Commission.
09/18/2015Brief on the MeritsPetitioner Brief on the Merits, filed on behalf of Cadena Comercial USA Corp.
06/10/2015Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter filed on behalf of The Texas Association of Business and McLane Company, Inc.
06/05/2015Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of Cadena Comercial USA Corp.
04/29/2015Response to PetitionRespondent Response to Petition for Review filed on behalf of Texas Alcoholic Beverage Commission.
01/14/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus brief filed on behalf of Texas Association of Business and McLane Company in support of Petitioner Cadena Comercial USA Corp. Signed by attorney James C. Ho, State Bar No. 24052766, Gibson, Dunn, & Crutcher LLP, 2100 McKinney Avenue, Suite 1100, Dallas, TX 75201. Phone number (214) 698-3264, email jho@gibsondunn.com.
12/19/2014Petition for ReviewPetitioner Petition for Review filed on behalf of Cadena Comercial USA Corp. d/b/a OXXO
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/19/2016Post submission brief filed  Post-Submission Letter received on behalf Texas Association of Business and McLane Company, Inc.
12/19/2014Petition for Review  Petition for Review filed on behalf of Cadena Comercial USA Corp. d/b/a OXXO
12/15/2015Motion 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 January 28, 2016.
12/14/2015Motion 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 Cadena Comercial USA Corp.
12/12/2016Post submission brief filed  Response to the Post-Submission Letter Briefs of petitioner Cadena Comercial USA Corp. and amici curiae McLane Co. and the Texas Association of Business. On behalf of Texas Alcoholic Beverage Commission.
12/09/2015Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Texas Alcoholic Beverage Commission.
11/17/2014Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Unopposed Motion for Extension of Time to File Petition for Review granted.  Petition due no later than December 19, 2014.  Further requests for extensions of time will be disfavored.
11/17/2014Second Motion for Extension of Time to File Petition for Review filed  Second Unopposed Motion to Extend Time to File Petition for Review filed on behalf of Cadena Comercial USA Corp., d/b/a OXXO
11/03/2015Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted.  Response Brief is due no later than December 9, 2015.  Further requests for extensions of time for this filing will not be considered.  Reply Brief is due December 28, 2015.
11/03/2015Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Response Brief on the Merits filed on behalf of the Texas Alcoholic Beverage Commission.
10/17/2016Amicus Curiae Brief received  Amicus Brief of the Wholesale Beer Distributors of Texas in support of Respondent. Submitted by Keith Strama of Beatty Bangle Strama, PC of Austin, Texas.
10/14/2016Amicus Curiae Letter Received  Amicus Letter filed on behalf of Texas Association of Business.
10/14/2016Post submission brief filed  Post Submission Letter Brief filed on behalf of Cadena Comercial USA Corp.
10/09/2014Motion for Extension of Time to File Petition for Review disposedFiling granted Petition is due November 19, 2014
10/09/2014Motion for Extension of Time to File Petition for Review filed  Unopposed Motion to Extend Time to file Petition for Review. On behalf of Cadena Comercial USA Corp., d/b/a OXXO.
10/06/2015Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits, filed on behald of Texas Alcoholic Beverage Commission has been granted. Further requests for extensions of time for this filing will be disfavored. Respondent's Brief is due November 9, 2015. Reply Brief is due November 24, 2015.
10/06/2015Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits, filed on behald of Texas Alcoholic Beverage Commission.
10/03/2016Oral argument   Argued on behalf of petitioner by Debora B. Alsup; Argued on behalf of respondent by Joseph D. Hughes; Argued on behalf of Amici Curiae, Texas Association of Business and McLane Co., Inc., by James C. Ho
10/02/2016Amicus Curiae Brief received  Amicus Brief received from Murphy Oil USA Inc. Submitted by Dale Wainwright with Bracewell LLP of Austin, Texas.
09/28/2016Corrected Brief  Corrected Amicus Brief of Texas Public Policy Foundation. Submitted by Chance Weldon of Austin, Texas.
09/28/2016Motion to Correct filed   Unopposed Motion for Leave to make a Non-Substantive Correction to the Amicus Brief of the Texas Public Policy Foundation.
09/28/2016Exhibits in case/cause filed  Exhibits for Oral Argument filed on behalf of Cadena Comercial USA Corp.
09/28/2016Electronic communication sent to Party  Electronic Communication sent in response to electronic communication received regarding pro hac vice admission.
09/27/2016Phone call from Clerk's Office  Call made to Mr. Weldon, counsel for amicus curiae, informing him that a pro hac vice motion is required for out of state attorney Kathleen Hunker.
09/26/2016Amicus Curiae Letter Received  Amicus Curiae Letter of the Texas Association of Business and McLane Company, in support of Cadena Comercial USA Corp. Submitted by James C. Ho of Gibson, Dunn & Crutcher LLP of Dallas, Texas.
09/23/2016Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Texas Public Policy Foundation.
09/21/2016Amicus Curiae Brief received  Amicus Brief of the Center for Alcohol Policy. Submitted by Harriet O'Neill of Austin, Texas.
09/19/2016Amicus Curiae Brief received  Amicus Brief of the Wholesale Beer Distributors of Texas. Submitted by Keith Strama of Beatty Bangle Strama, PC of Austin, Texas.
09/18/2015Brief on the Merits  Brief on the Merits, filed on behalf of Cadena Comercial USA Corp.
08/11/2015Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioners Brief on the Merits has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitoners brief due September 18, 2015; Respondents brief due October 8, 2015; Reply brief due October 23, 2015.
08/11/2015Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Cadena Comercial USA Corp.
08/05/2016Miscellaneous motion disposed. See Remarks.Filing granted Unopposed Motion of Texas Association of Business and McLane Company, Inc. as Amici Curiae to Participate in Oral Argument granted. Time allotted to argue: 19/20/1
07/27/2016Miscellaneous Motion  Unopposed Motion to Participate in Oral Argument as Amici Curiae submitted on behalf of Texas Association of Business and Mclane Company, Inc.
07/18/2016Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Cadena Comercial USA Corp. d/b/a OXXO.  Oral Argument will be presented by Debora B. Alsup with Thompson & Knight LLP of Austin, Texas.
07/18/2016Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Texas Alcoholic Beverage Commission. Oral argument will be presented by Joseph D. Hughes of the Texas Attorney General's Office.
07/10/2015Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioners brief on the Merits filed on behalf of Cadena Comercial USA Corp. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitoners brief due August 19, 2015; Respondents brief due September 8, 2015; Reply brief due September 23, 2015.
07/10/2015Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioners brief on the Merits filed on behalf of Cadena Comercial USA Corp.
07/08/2016Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 3, 2016. (Time allotted to argue:  20/20 minutes)  Justice Boyd not sitting
06/24/2015Case Record Filed   Electronic Appellate Record received.
06/23/2015Record Requested in Case  Record requested from the 3rd COA
06/19/2015Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than July 20, 2015; Response brief due August 10, 2015; Reply brief due August 25, 2015.
06/10/2015Amicus Curiae Letter Received  Amicus Curiae Letter filed on behalf of The Texas Association of Business and McLane Company, Inc.
06/09/2017Mandate issued  Mandate & Cost Bill Issued
06/07/2016Notice from attorney regarding vacation dates  Petitioner attorney respectfully requests that oral argument in the above-referenced case be set no earlier than the week of September 19, 2016. Filed on behalf of Cadena Commercial USA Corp.
06/06/2017Letter Filed  Letter filed on behalf of Cadena Comercial Corp., stating that no Motion for Rehearing will be filed.
06/05/2015Reply to Response  Reply to Response to Petition for Review filed on behalf of Cadena Comercial USA Corp.
05/27/2016Petition for Review granted 
05/27/2016Petition for Review disposedFiling granted [Note: The date and time for oral argument are yet to be determined.]
05/26/2016Response to Amicus Curiae Brief filed  Response to Brief of Amici Curiae Mclane Co., Inc. and the Texas Association of Business filed on behalf of Texas Alcoholic Beverage Commission.
05/15/2017Motion 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 FOR THIS FILING WILL NOT BE CONSIDERED. Motion for Rehearing is due June 14, 2017.
05/15/2017Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Cadena Comercial USA Corp.
05/12/2015MET to file reply disposed ofFiling granted First Unopposed Motion to Extend Time to File Reply to Response to Petition for Review granted. Reply due no later than June 5, 2015.  Further requests for extensions of time will be disfavored.
05/12/2015Motion to Extend Time to File Reply filed  First Unopposed Motion to Extend Time to File Reply to Response to Petition for Review filed on behalf of Cadena Comercial USA Corp., d/b/a OXXO
05/09/2016Amicus Curiae Brief received  Amicus Curiae Brief of the Texas Association of Business and McLane Company, Inc. Submitted by James C. Ho of Gibson, Dunn & Crutcher LLP of Dallas, Texas.
05/02/2017Letter sent to parties from Supreme Court - See Remarks  Letter sent to parties regarding correction to the dissenting opinion.  

(5/2/2017 4:40:02 PM) 140819d.pdf
05/02/2016Response to Amicus Curiae Brief filed  Response to the Brief of Amicus Curiae The Beer Alliance of Texas. On behalf of Cadena Comercial USA Corp.
04/29/2015Response to Petition  Response to Petition for Review filed on behalf of Texas Alcoholic Beverage Commission.
04/28/2017Court approved judgment sent to attorneys of recordIssued
04/28/2017Dissenting opinion issued.Issued Justice Willett delivered a dissenting opinion, in which Chief Justice Hecht joined.
04/28/2017Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment. Justice Johnson delivered the opinion of the Court, in which Justice Green, Justice Guzman, Justice Lehrmann, Justice Devine, and Justice Brown joined.  (Justice Boyd not sitting)
(4/28/2017 12:18:01 PM) 140819d.pdf, 140819.pdf, 14-0819.jmt.pdf
04/28/2017Miscellaneous motion disposed. See Remarks.Filing granted Unopposed Motion for Leave to make Non-Substantive Correction to Amicus Brief granted
04/21/2015Motion for Extension of Time to File Response disposedFiling granted Unopposed Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of Respondent Texas Alcoholic Beverage Commission has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Response is due April 29, 2015.
04/21/2015Motion for Extension of Time to File Response  Unopposed Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of Respondent Texas Alcoholic Beverage Commission.
04/07/2016Amicus Curiae Letter Received  Amicus Letter Brief of Texas Association of Business and McLane Company, Inc.
03/20/2015Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Respondent Texas Alcoholic Beverage Commission. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due April 22, 2015.
03/20/2015Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Respondent Texas Alcoholic Beverage Commission.
03/15/2016Amicus Curiae Brief received  Amicus Brief of Beer Alliance of Texas submitted by Christopher Dove.
03/08/2016Amicus Curiae Letter Received  Amicus Curiae Letter filed on behalf of Texas Association of Business and McLane Company, Inc.
02/29/2016Reply Brief  Petitioner's Brief on the Merits filed on behalf of Cadena Comercial USA Corp.
02/20/2015Supreme Court of Texas Requested Response  Response to petition for review due no later than March 23, 2015.
02/10/2017Letter Received  Letter Received on behalf of Amicus Party, Texas Association of Business and McLane Company, Inc. Submitted by James C. Ho of Gibson Dunn & Crutcher LLP of Dallas, Texas.
01/20/2015Case forwarded to Court 
01/14/2016Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Cadena Comercial USA Corp has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Reply brief is due February 29, 2016.
01/14/2016Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Cadena Comercial USA Corp.
01/14/2015Amicus Curiae Brief received  Amicus brief filed on behalf of Texas Association of Business and McLane Company in support of Petitioner Cadena Comercial USA Corp. Signed by attorney James C. Ho, State Bar No. 24052766, Gibson, Dunn, & Crutcher LLP, 2100 McKinney Avenue, Suite 1100, Dallas, TX 75201. Phone number (214) 698-3264, email jho@gibsondunn.com.
01/14/2015Response Waiver filed  Response Waiver filed on behalf of the Texas Alcoholic Beverage Commission.
01/04/2017Post submission brief filed  Post-Submission Letter Brief filed on behalf of Cadena Comercial USA.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/09/2017Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
McLane Company, Inc.Amicus CuriaeMr. Benjamin Wilson
Mr. James C. Ho
Mr. Kyle D. Hawkins
Murphy Oil USA Inc.Amicus CuriaeMr. Dale Wainwright  
Mr. Kevin Dow Collins
Cadena Comercial USA Corp., d/b/a OXXOPetitionerMs. Danley K. Cornyn
Mr. Nathan K. Palmer
Mr. James E. Cousar
Mr. Christopher Smith
Ms. Debora B. Alsup
Texas Alcoholic Beverage CommissionRespondentMs. Judith L. Kennison
Mr. Scott A. Keller
Mr. Joseph David Hughes
Mr. Charles E. Roy
Ms. Robin Sanders  
Atty. Gen. W. Kenneth Paxton Jr.
Wholesale Beer Distributors of TexasAmicus CuriaeMr. Jaron Hudgins
Mr. Keith Strama
Texas Public Policy FoundationAmicus CuriaeMr. Chance D. Weldon
Beer Alliance of TexasAmicus CuriaeMr. Mike A. Hatchell
Mr. Christopher Benjamin Dove
Center for Alcohol PolicyAmicus CuriaeMr. Kurt Kuhn  
Ms. Lisa Hobbs
Ms. Harriet O'Neill
Texas Association of BusinessAmicus CuriaeMr. Kyle D. Hawkins
Mr. James C. Ho
Mr. Benjamin Wilson
Court of Appeals Information:
Affirmed  
449 SW3d 154, 09-05-14 
3rd Court of Appeals 
Honorable J. Woodfin 'Woodie' Jones 
Trial Court Information
201st District Court 
Travis 
Honorable Lora Jeanette Livingston 
D-1-GN-13-000814