Supreme Court

Case: 15-0240    
15-0240
03/27/2015
Second Petition for Review/Cause under Rule 53.1
EXXON MOBIL CORPORATION, WHM CUSTOM SERVICES, INC., AND DISA, INC. 
GILBERTO RINCONES 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/22/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Houston Area Safety Council in support of Exxon Mobil Corporation's Brief on the Merits. Submitted by David D. Waddell of Houston.
07/29/2016Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of DISA.
07/29/2016Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Exxon Mobil Corporation.
07/29/2016Reply BriefPetitioner Reply Brief on the Merits filed on behalf of WHM Custom Services, Inc.
07/05/2016Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Gilberto Rincones.
03/21/2016Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of DISA.
03/21/2016Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Exxon Mobil Corporation.
03/10/2016Brief on the MeritsPetitioner Petitioner's Brief on the Merits, filed on behalf of WHM Custom Services, Inc.
11/23/2015Reply to ResponseEvent related to subsequent petition filed in case. Reply in Support of Petition for Review filed on behalf of DISA.
11/13/2015Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Exxon Mobil Corporation and WHM Custom Services, Inc.
10/29/2015Response to PetitionRespondent Response to Petition for Review filed on behalf of Gilberto Rincones
05/19/2015Petition for Review #2Petitioner Petition for Review filed on behalf of DISA, Inc.
03/27/2015Petition for ReviewPetitioner Petition for Review filed on behalf of Exxon Mobil Corporation and WHM Custom Services, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/22/2016Notice from Counsel of a change in address  Notice of Change of Address filed on behalf of DISA, Inc.
12/21/2015Record Requested in Case  Record requested from the 13th COA
12/18/2015Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than January 19, 2016; Response brief due February 8, 2016; Reply due no later than February 23, 2016.
12/05/2016Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., February 7, 2017.  Time allotted to argue:  24/24 minutes  (Justice Lehrmann not sitting)
12/05/2016Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., February 7, 2017.  Time allotted to argue:  24/24 minutes  (Justice Lehrmann not sitting)
12/05/2016Motion to re-set submission disposedFiling granted Respondent's Opposed First Motion for Continuance granted
12/02/2016Amendment to Motion filed   AMENDED Motion to Re-Set Submission Date filed on behalf of Gilberto Rincones.
12/01/2016Motion to re-set submission date filed.  Opposed First Motion for Continuance of Oral Arguments treated as Motion to Re-Set Submission Date filed on behalf of Gilberto Rincones.
11/23/2015Reply to Response  Reply in Support of Petition for Review filed on behalf of DISA.
11/17/2015MET to file reply disposed ofFiling granted Motion for Extension of Time is granted.  Reply of DISA is due no later than November 23, 2015.  Further requests for extensions of time for this filing will be disfavored.
11/13/2015Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply filed on behalf of DISA.
11/13/2015Reply to Response  Reply in Support of Petition for Review filed on behalf of Exxon Mobil Corporation and WHM Custom Services, Inc.
11/09/2016Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Ryan Paulsen with Haynes and Boone, LLP of Dallas, Texas, filed on behalf of Exxon Mobil Corporation.
11/08/2016Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Keith B. Sieczkowski with Branscomb PC of Corpus Christi, Texas, filed on behalf of WHM Custom Services, Inc.
11/08/2016Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Holly H. Williamson on behalf of DISA, Inc.
11/04/2016Miscellaneous motion disposed. See Remarks.Filing granted Petitioners' Joint Motion for Leave to Divide Oral Argument and for Additional Time granted.  Time allotted to argue:  24/24 minutes  (Justice Lehrmann not sitting)
10/30/2015Motion for Extension of Time to File Response disposedFiling granted Unopposed Third Motion for Extension of Time to file Response to Petition for Review filed on behalf of Gilberto Rincones. has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Response to Petition for Review was filed on October 29, 2015.
10/29/2015Response to Petition  Response to Petition for Review filed on behalf of Gilberto Rincones
10/29/2015Motion for Extension of Time to File Response  Unopposed Third Motion for Extension of Time to file Response to Petition for Review filed on behalf of Gilberto Rincones
10/19/2016Letter Filed  Letter in reference to a potential conflict with the oral argument scheduled date filed on behalf of Gilberto Rincones.
10/14/2016Miscellaneous Motion  Joint Motion for Leave to Divide Oral Argument and for Additional Time filed on behalf of Exxon Mobil Corporation, WHM Custom Services, Inc. and DISA, Inc.
09/23/2016Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 8, 2016. (Time allotted to argue:  20/20 minutes)  (Justice Lehrmann not sitting)
09/23/2016Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 8, 2016. (Time allotted to argue:  20/20 minutes)  (Justice Lehrmann not sitting)
09/23/2016Petition for Review disposedFiling granted
09/23/2016Petition for Review granted 
09/23/2016Petition for Review disposedFiling granted
09/23/2016Petition for Review granted 
09/23/2015Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time is granted.  Response is due no later than October 23, 2015.  Further requests for extensions of time for this filing will not be considered.
09/23/2015Motion for Extension of Time to File Response  Unopposed Second Motion for Extension of Time to file Response filed on behalf of Gilberto Rincones.
08/25/2015Motion for Extension of Time to File Response disposedFiling granted Amended Motion for Extension of Time to file Response on behalf of Gilberto Rincones. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Response due September 23, 2015.
08/25/2015Amendment to Motion filed   Amended Motion for Extension of Time to file Response on behalf of Gilberto Rincones.
08/24/2015Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition filed on behalf of Gilberto Rincones.
08/22/2016Amicus Curiae Brief received  Amicus Brief of Houston Area Safety Council in support of Exxon Mobil Corporation's Brief on the Merits. Submitted by David D. Waddell of Houston.
07/29/2016Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of DISA.
07/29/2016Reply Brief  Reply Brief on the Merits filed on behalf of Exxon Mobil Corporation.
07/29/2016Reply Brief  Reply Brief on the Merits filed on behalf of WHM Custom Services, Inc.
07/24/2017Case Stored  e-stored
07/24/2015Supreme Court of Texas Requested Response  Response requested to petitions for review due no later than August 24, 2015.
07/20/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due on July 29, 2016.
07/20/2016Motion 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 DISA, Inc.
07/15/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Further requests for extensions of Time for this filing will be disfavored. Petitioner's Reply Brief is due July 29, 2016.
07/13/2016Motion 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 WHM Custom Services, Inc.
07/08/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Further requests for extensions of Time for this filing will be disfavored. Petitioner's Reply Brief is due July 29, 2016.
07/08/2016Motion 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 Exxon Mobil Corporation.
07/07/2017Mandate issued  Mandate & Cost Bill Issued
07/05/2016Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Gilberto Rincones.
07/05/2016Phone call from Clerk's Office  Called attorney for respondent regarding refiling the brief.
07/05/2016Motion for Extension of Time disposed.Filing granted Fourth Motion for Extension of Time to file Response Brief on the Merits is granted. NO FURTHER REQUESTS WILL BE CONSIDERED. Response Brief is due July 5, 2016. Reply Brief is due July 20, 2016.
07/02/2016Motion for Extension of Time to File Brief filed  Fourth Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Gilberto Rincones.
06/23/2015Case forwarded to Court 
06/23/2015Case forwarded to Court 
06/13/2016Motion for Extension of Time disposed.Filing granted Third Motion for Extension of Time to file Response Brief on the Merits is granted. NO FURTHER REQUESTS WILL BE CONSIDERED. Response Brief is due June 27, 2016. Reply Brief is due July 12, 2016.
06/10/2016Motion for Extension of Time to File Brief filed  Third Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Gilberto Rincones.
05/28/2015Phone call from Clerk's Office  Left message with Mr. Godinez's office asking if they intend to file Petition for Review on behalf of Gilberto Rincones.
05/28/2015Notice of Appearance  Notice of Appearance and Designation of Lead Counsel.  Nina Cortell (Lead Counsel) and Polly Fohn, with Haynes and Boone, LLP, enter their appearance as counsel of record for Exxon Mobil Corporation.
05/26/2017Court approved judgment sent to attorneys of recordIssued
05/26/2017Opinion issuedIssued
05/26/2017Opinion issuedCourt of appeals' judgment reverses in part, vacates in part, and reinstates judgment The Court reverses in part and vacates in part the court of appeals' judgment and reinstates the trial court's judgment.  Justice Brown delivered the opinion of the Court.  (Justice Lehrmann not sitting)
(5/26/2017 3:32:07 PM) 150240.pdf, 15-0240.jmt.pdf
05/19/2015Petition for Review #2  Petition for Review filed on behalf of DISA, Inc.
05/11/2016Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Response Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Resp's Brief is due June 10, 2016; Reply Brief is due June 27, 2016.
05/11/2016Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Gilberto Rincones.
04/29/2015Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Cross-Petitioner DISA, Inc. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition due May 19, 2015.
04/29/2015Second Motion for Extension of Time to File Petition for Review filed  Second Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Cross-Petitioner DISA, Inc.
04/11/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Resp's Brief is due May 11, 2016; Reply Brief is due May 26, 2016.
04/11/2016Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Gilberto Rincones.
03/30/2015Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Cross-Petitioner/Respondent Gilberto Rincones has been granted. Petition for Review is due April 29, 2015.
03/27/2015Motion 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 Cross-Petitioner/Respondent Gilberto Rincones.
03/27/2015Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Cross-Petitioner DISA, Inc. has been granted. Petition for Review is due April 29, 2015.
03/27/2015Motion 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 Cross-Petitioner DISA, Inc.
03/27/2015Petition for Review  Petition for Review filed on behalf of Exxon Mobil Corporation and WHM Custom Services, Inc.
03/21/2016Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of DISA.
03/21/2016Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Exxon Mobil Corporation.
03/10/2016Brief on the Merits  Petitioner's Brief on the Merits, filed on behalf of WHM Custom Services, Inc.
02/07/2017Submission Schedule  Submission Schedule for February 7, 2017
02/07/2017Oral argument   Argued on behalf of petitioner, Exxon Mobil Corp., by Ryan Paulsen; Argued on behalf of petitioner, WHM Custom Services, Inc., by Keith B. Sieczkowski; Argued on behalf of petitioner, DISA, Inc., by Holly H. Williamson; Argued on behalf of respondent by Ricardo R. Godinez (Justice Lehrmann not sitting)
02/07/2017Oral argument   Argued on behalf of petitioner, Exxon Mobil Corp., by Ryan Paulsen; Argued on behalf of petitioner, WHM Custom Services, Inc., by Keith B. Sieczkowski; Argued on behalf of petitioner, DISA, Inc., by Holly H. Williamson; Argued on behalf of respondent by Ricardo R. Godinez (Justice Lehrmann not sitting)
02/05/2016Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of DISA, Inc. has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioner's Brief is due March 21, 2016. Response Brief is due April 11, 2016. Reply Brief is due April 26, 2016.
02/05/2016Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Brief on the Merits. On behalf of DISA, Inc.
02/05/2016Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits, filed on behalf of WHM Custom Services has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioner's Brief is due March 10, 2016. Response Brief is due March 30, 2016. Reply Brief is due April 14, 2016.
02/05/2016Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Brief on the Merits. On behalf of WHM Custom Services, Inc.
02/05/2016Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits, filed on behalf of Exxon Mobil Corp has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioner's Brief is due March 21, 2016. Response Brief is due April 11, 2016. Reply Brief is due April 26, 2016.
02/05/2016Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits, filed on behalf of Exxon Mobil Corp.
02/02/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form of respondent, Gilberto Rincones. Oral Argument will be presented by Ricardo R. Godinez of Godinez Law Firm, P.C. of McAllen, Texas.
01/21/2016Case Record Filed   Clerk's record (7 V), 1st Supplemental Clerk's record, 2nd supplemental clerk's record w/sealed exhibits, reporter's record (3 v), ape's(WHM Services) mo/re, mo/re en banc,ape's (DISA, Inc.) mo/re, mo/re en banc,  ant's br(Gilberto Rincones) w/appendix, ant mo/re en banc with sealed exhibits, ape (WHM Custom Service) br with appendix and ape's (DISA, Inc.) br, judgment, opinion on rehearing
01/12/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time of Exxon Mobile Corp. is granted.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief is due February 18, 2016. Response Brief is due March 9, 2016. Reply Brief is due March 24, 2016.
01/12/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time of WHM Custom Services, Inc. is granted.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief is due February 18, 2016. Response Brief is due March 9, 2016. Reply Brief is due March 24, 2016.
01/12/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits, filed on behalf of DISA, Inc., has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief is due February 18, 2016. Response Brief is due March 9, 2016. Reply Brief is due March 24, 2016.
01/11/2016Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of DISA, Inc.
01/11/2016Electronic communication sent to Party  Emailed counsel for respondent Gilberto Ricones to determine if he opposed to WHM Custom Services's motion to extend time to file brief.
01/08/2016Letter Filed  Petitioner Exxon Mobil Corporation's Letter to inform the Court its intent to file a separate Brief on the Merits.
01/08/2016Motion for Extension of Time to File Brief filed  Motion for Extension of Time to File Brief on the Merits. On behalf of petitioner, WHM Custom Services, Inc.
01/08/2016Electronic communication sent to Party  Emailed counsel for respondent Gilberto Ricones to determine if he opposed the motion.
01/08/2016Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Brief on the Merits, filed on behalf fo Exxon Mobil Corp.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/24/2017Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Exxon Mobil CorporationPetitionerMr. Keith B. Sieczkowski
Ms. Nina Cortell
Ms. Audrey Vicknair
Mr. Allen Ryan Paulsen  
Ms. Polly B. Fohn
Rincones, GilbertoRespondentMr. Ricardo R. Godinez
Mr. Gilberto Hinojosa
WHM Custom Services, Inc.PetitionerMr. Keith B. Sieczkowski
Mr. Clinton Twaddell III
Ms. Audrey Vicknair
DISA, Inc.Petitioner 2Ms. Sheri L. Caldwell
Ms. Holly Williamson
Houston Area Safety CouncilAmicus CuriaeMr. David W. Waddell
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
457 SW3d 221, 02-12-15 
13th Court of Appeals 
Honorable Rogelio Valdez 
Trial Court Information
445th District Court 
Cameron 
Honorable J. Rolando Olvera 
2009-04-2478-I