Supreme Court

Case: 15-0404    
15-0404
05/29/2015
Petition for Review/Cause under Rule 53.1
B.C. 
STEAK N SHAKE OPERATIONS, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/04/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Texas Restaurant Association.
12/16/2015Reply BriefPetitioner Reply Brief on the Merits filed on behalf of B.C.
11/30/2015Brief on the MeritsRespondent Respondent's Brief on the Merits, filed on behalf of Steak N Shake Operations, Inc.
11/09/2015Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of B.C.
09/14/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Aid to Victims of Domestic Abuse and the Texas Trial Lawyers Association.
08/26/2015Amended Reply FiledPetitioner Amended Reply to Response to Petition for Review. On behalf of B.C.
08/25/2015Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of B.C.
08/10/2015Response to PetitionRespondent Response to Petition for Review filed on behalf of Steak N Shake Operations, Inc.
06/22/2015Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Texas Association Against Sexual Assault, SafePlace, and Institute on Domestic Violence & Sexual Assault at The University of Texas at Austin in support of the Petition for Review.
05/29/2015Petition for ReviewPetitioner Petition for Review filed on behalf of B.C.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/30/2015Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of B.C. has been granted. Reply brief was filed December 16, 2015.
12/17/2015Electronic communication sent to Party  E-mailed Mr. Kurzner, counsel for respondent, to determine if motion is opposed. Mr. Kurzner replied that the motion is unopposed.
12/16/2015Reply Brief  Reply Brief on the Merits filed on behalf of B.C.
12/16/2015Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of B.C.
11/30/2015Brief on the Merits  Respondent's Brief on the Merits, filed on behalf of Steak N Shake Operations, Inc.
11/09/2015Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of B.C.
11/07/2016Oral argument   Argued on behalf of petitioner by Matthew J. Kita; Argued on behalf of respondent by Christopher L. Kurzner
11/04/2015Case Record Filed   Electronic Appellate Record received.
10/14/2016Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Christopher L. Kurzner of Dallas, Texas, filed on behalf of Steak N Shake Operations, Inc.
10/14/2016Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Matthew J. Kita of Dallas, Texas, filed on behalf of B.C.
10/14/2015Record Requested in Case  Record requested from the 5th COA
10/09/2015Brief on the Merits Ordered  Brief on the Merits Requested: Petitioner’s brief due no later than November 9, 2015, Response brief due November 30, 2015, Reply brief due December 15, 2015.
09/14/2015Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Aid to Victims of Domestic Abuse and the Texas Trial Lawyers Association.
09/02/2016Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., November 7, 2016. Time allotted to argue:  20/20 minutes
08/26/2015Amended Reply Filed  Amended Reply to Response to Petition for Review. On behalf of B.C.
08/26/2015Call received  Mr. Kita called to inform the court he will filing an amended reply to response to PFR to correct formatting errors.
08/25/2015Reply to Response  Reply to Response to Petition for Review filed on behalf of B.C.
08/17/2016Notice from attorney regarding vacation dates  Vacation Letter filed on behalf of Steak N Shake Operation, Inc.  Christopher Kurzner will be out of the office October 3-7 and 10-14, 2016.
08/10/2015Response to Petition  Response to Petition for Review filed on behalf of Steak N Shake Operations, Inc.
07/10/2015Supreme Court of Texas Requested Response  Requested response to petition for review due no later than August 10, 2015.
06/22/2015Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Texas Association Against Sexual Assault, SafePlace, and Institute on Domestic Violence & Sexual Assault at The University of Texas at Austin in support of the Petition for Review.
06/19/2015Call received  Received phone call from Gretchen Sween informing the Court that an Amicus Brief will be filed on behalf of Texas Association Against Sexual Assault, Safe Place, et al., no later than Tuesday, June 23, 2015.
06/09/2015Case forwarded to Court 
06/04/2015Response Waiver filed  Response Waiver filed on behalf of Steak N Shake Operations, Inc.
05/29/2015Petition for Review  Petition for Review filed on behalf of B.C.
05/29/2015Motion for Extension of Time to File Petition for Review disposedFiling granted First Motion for Extension of Time to file Petition for Review filed on behalf of B.C. is Granted; Petition due and was filed on May 29, 2015.
05/29/2015Call received  Call received from Chris Kruzner informing the Court that the Respondent is opposed to the extension request, and will not be filing a response in opposition.
05/29/2015Phone call from Clerk's Office  Call made to Christopher Kruzner regarding Respondent's position towards Motion for Extension of Time to file Petition for Review; left voicemail.
05/29/2015Motion for Extension of Time to File Petition for Review filed  First Motion for Extension of Time to file Petition for Review filed on behalf of B.C.
04/07/2017Mandate issued  Mandate & Cost Bill Issued
02/24/2017Court approved judgment sent to attorneys of recordIssued
02/24/2017Opinion issuedCourt of Appeals' judgment reversed; remanded to Court of Appeals The Court reverses the court of appeals' judgment and remands the case to that court.  Justice Green delivered the opinion of the Court.
(2/24/2017 3:40:31 PM) 150404.pdf, 15-0404.jmt.pdf
02/19/2016Petition for Review disposedFiling granted [Note: The date and time for oral argument are yet to be determined.]
02/19/2016Petition for Review granted 
01/04/2016Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Texas Restaurant Association.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
04/07/2017Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Restaurant AssociationAmicus CuriaeMs. Julia F. Pendery
Aid to Victims of Domestic Abuse, a United Way AgencyAmicus CuriaeMaisha Colter
James Lewis
Mr. Bryan O. Blevins Jr.
The Honorable Peter Kelly
C, BPetitionerMatthew Ryan McCarley
Daniel Robert Thering
Mr. Matthew Kita  
Steak N Shake Operations, Inc.RespondentMr. Christopher Louis Kurzner
Texas Association Against Sexual AssaultAmicus CuriaeMs. Gretchen Sween  
Court of Appeals Information:
Affirmed  
___ SW3d ___ , 04-13-15 
5th Court of Appeals 
Honorable David W. Evans 
Trial Court Information
380th District Court 
Collin 
Honorable Benjamin N. Smith 
380-02686-2012