| Date▲▼ | Event Type▲▼ | Disposition▲▼ | Remarks | Document |
| 12/28/2015 | Reply to Response | |
Reply in Support of Petition for Review filed on behalf of Marcela and Jose Bustamante.
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| 12/19/2016 | Post submission brief filed | |
Post-Submission Letter in Response to Post-Submission Letter of Petitioners filed on behalf of Enrique N. Ponte, Jr., M.D., et al.
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| 12/14/2016 | Post submission brief filed | |
Post Submission Letter filed on behalf of Marcel and Jose Bustamante.
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| 12/09/2015 | Response to Petition | |
Response to Petition for Review filed on behalf of Llamas-Soforo, M.D., et al.
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| 12/08/2016 | Oral argument | |
Argued on behalf of petitioners by Craig T. Enoch and Amy L. Saberian; argued on behalf of respondents, Enrique N. Ponte, Jr. M.D., et al. by Douglas W. Alexander; argued on behalf of Jorge Fabio Llamas-Soforo, M.D., et al. by Diana L. Faust
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| 12/07/2016 | Exhibits in case/cause filed | |
Oral Argument Exhibits filed on behalf of Enrique N. Ponte, Jr., M.D., et al.
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| 11/19/2015 | MET to file reply disposed of | Filing granted |
Motion for Extension of Time to file Reply is granted. Reply is due December 28, 2015. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
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| 11/19/2015 | Motion to Extend Time to File Reply filed | |
Unopposed Motion for Extension of Time to Reply. On behalf of Marcela and Jose Bustamante.
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| 11/10/2016 | Oral Argument Submission Form from Attorney received | |
Oral Argument Submission Form filed on behalf of Jorge Fabio Llamas-Soforo, M.D., P.A. d/b/a El Paso Eye Center and Jorge Fabio Llamas-Soforo, M.D. Oral Argument will be presented by Diana L. Faust of Cooper & Scully, P.C. of Dallas, Texas.
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| 11/09/2017 | Mandate issued | |
Mandate & Cost Bill Issued
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| 11/09/2016 | Oral Argument Submission Form from Attorney received | |
Oral Argument will be presented by Craig T. Enoch and Amy L Saberian on behalf of Marcel and Jose Bustamante.
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| 11/09/2015 | Response to Petition | |
Response to Petition for Review filed on behalf of Enrique N. Ponte, Jr., M.D., et al.
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| 11/08/2016 | Oral Argument Submission Form from Attorney received | |
Oral Argument Submission Form filed on behalf of Enrique N. Ponte, Jr M.D.and Pediatrix Medical Services, Inc. Oral Argument will be presented by Douglas W. Alexander of Alexander Dubose Jefferson & Townsend LLP of Austin, Texas.
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| 11/05/2015 | Motion for Extension of Time to File Response disposed | Filing granted |
Unopposed Motion for Extension of Time to file Response to Petition for Review is Granted. Further requests for extensions of time will be disfavored. Response is due December 9, 2015.
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| 11/05/2015 | Motion for Extension of Time to File Response | |
Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Jorge Fabio LLamas-Soforo, M.D., et al.
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| 10/09/2015 | Supreme Court of Texas Requested Response | |
Response Requested to Petition for Review due on November 9, 2015.
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| 09/29/2017 | Court approved judgment sent to attorneys of record | Issued |
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| 09/29/2017 | Opinion issued | Court 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.
(9/29/2017 4:41:32 PM) 150509.pdf, 15-0509.jmt.pdf
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| 09/23/2016 | Case set for oral argument | Case 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)
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| 09/23/2016 | Petition for Review disposed | Filing granted |
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| 09/23/2016 | Petition for Review granted | |
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| 09/20/2016 | Notice from Counsel of a change in address | |
Notice of Change of Address for Craig Enoch and Amy Saberian, attorneys for Petitioners, filed on behalf of Marcel and Jose Bustamante.
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| 09/08/2017 | Order of the Court Issued | Severance of action pending before Supreme Court |
Pursuant to Texas Rule of Appellate Procedure 56.3, the Court severs the portion of the proceedings against Respondents Jorge Fabio Llamas-Soforo, M.D., and Jorge Fabio Llamas-Soforo, M.D., P.A. d/b/a El Paso Eye Care Center from cause number 15-0509 into case number 17-0727, styled Marcela and Jose Bustamante, as next friends of D.B. v. Jorge Fabio Llamas-Soforo, M.D., and Jorge Fabio Llamas-Soforo, M.D., P.A. d/b/a El Paso Eye Care Center. Case number 17-0727, Marcela and Jose Bustamante, as next friends of D.B. v. Jorge Fabio Llamas-Soforo, M.D., and Jorge Fabio Llamas-Soforo, M.D., P.A. d/b/a El Paso Eye Care Center, is dismissed. The remainder of the appeal in 15-0509, restyled Marcela and Jose Bustamante, as next friends of D.B. v. Enrique N. Ponte, Jr., M.D. and Pediatrix Medical Services, Inc. is reinstated and remains pending before this Court.
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| 09/08/2017 | cause reinstated to active docket | |
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| 09/08/2017 | Abatement Order Lifted | |
Abatement order issued June 16, 2017 is lifted. Cause reinstated.
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| 09/08/2017 | Miscellaneous motion disposed. See Remarks. | Filing granted |
Joint Motion to Lift Abatement granted
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| 09/08/2017 | Miscellaneous motion disposed. See Remarks. | Filing granted |
Joint Motion to Sever and Dismiss with Prejudice granted
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| 09/08/2017 | Miscellaneous motion disposed. See Remarks. | Filing dismissed as moot |
Petitioners Marcela and Jose Bustamante's Motion to Grant Motion to Sever and Motion to Abate dismissed as moot
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| 09/08/2017 | Miscellaneous motion disposed. See Remarks. | Filing dismissed as moot |
Petitioners' and Llamas-Soforo Respondents' Unopposed Joint Motion to Sever and Abate Appeal to Permit Proceedings in the Trial Court to Effectuate Settlement dismissed as moot
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| 09/08/2015 | Case forwarded to Court | |
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| 09/02/2015 | Response Waiver filed | |
Response Waiver filed on behalf of Enrique N. Ponte, Jr., M.D., and Pediatrix Medical Services, Inc.
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| 08/27/2015 | Response Waiver filed | |
Response Waiver filed on behalf of Jorge Fabio Llamas-Soforo, M.D.
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| 08/26/2015 | Petition for Review | |
Petition for Review filed on behalf of Marcela and Jose Bustamante, et al.
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| 08/21/2017 | Miscellaneous Motion | |
Joint Motion to Lift Abatement filed on behalf of Petitioners, Marcela and Jose Bustamante, and Respondents, Jorge Fabio Llamas-Soforo, M.D., and Jorge Fabio Llamas-Soforo, M.D., P.A.
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| 08/21/2017 | Miscellaneous Motion | |
Joint Motion to Sever and Dismiss with Prejudice filed on behalf of Petitioners, Marcela and Jose Bustamante, and Respondents, Jorge Fabio Llamas-Soforo, M.D., and Jorge Fabio Llamas-Soforo, M.D., P.A.
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| 08/15/2017 | Miscellaneous Motion | |
Motion to Extend Abatement (incorporated with second joint status report) filed on behalf of Marcela Bustamante, et al.
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| 08/15/2017 | Status report filed | |
Second Joint Status Report filed on behalf of Marcela Bustamante, et al.
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| 08/13/2015 | Designation of Lead Counsel | |
Lead Counsel for Respondent is Diana Faust.
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| 08/12/2016 | Reply Brief | |
Reply Brief on the Merits filed on behalf of Marcel and Jose Bustamante.
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| 08/12/2015 | Second Motion for Extension of Time to File Petition for Review disposed | Filing granted |
Unopposed second motion for extension of time, filed on behalf of Marcela Bustamante, et al has been granted. Petition due August 26, 2015. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED
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| 08/12/2015 | Second Motion for Extension of Time to File Petition for Review filed | |
Unopposed second motion for extension of time, filed on behalf of Marcela Bustamante, et al.
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| 08/02/2017 | Notice from Counsel of a change in address | |
Notice of Change of Address filed on behalf of counsel for respondents Enrique Ponte, M.D. and Pediatrix Medical Services, Inc.
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| 07/29/2016 | Motion for Extension of Time disposed. | Filing granted |
Second Motion for Extension of Time to file Reply Brief on the Merits has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Reply brief is due August 12, 2016.
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| 07/29/2016 | Motion for Extension of Time to File Brief filed | |
Second Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Petitioners Marcela and Jose Bustamante.
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| 07/10/2015 | Motion for Extension of Time to File Petition for Review disposed | Filing granted |
Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Marcela and Jose Bustamante has been granted. Petition due August 12, 2015.
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| 07/09/2015 | Motion 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 Marcela and Jose Bustamante.
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| 07/07/2016 | Motion for Extension of Time disposed. | Filing granted |
Motion for Extension of Time to file Reply Brief on the Merits is granted. Further requests for extensions of Time for this filing will be disfavored. Reply Brief is due August 2, 2016.
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| 07/06/2016 | Motion 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 Petitioners Marcela and Jose Bustamante.
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| 06/27/2016 | Brief on the Merits | |
Respondents' Brief on the Merits filed on behalf of Enrique N. Ponte, Jr., M.D., et al.
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| 06/27/2016 | Brief on the Merits | |
Respondents' Brief on the Merits filed on behalf of Jorge Fabio Llamas-Soforo, M.D., et al.
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| 06/16/2017 | Status Report requested | |
Status report requested due no later than August 15, 2017.
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| 06/16/2017 | Order of the Court Issued | Matter in Supreme Court of Texas Abated |
The Court's abatement order of March 31, 2017 expired by its own terms on May 30, 2017. The abatement is extended until further order of this Court.
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| 06/01/2017 | Phone call from Clerk's Office | |
Contacted Bustamante's counsel and requested second fee for the motion to extend abatement.
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| 06/01/2017 | Miscellaneous Motion | |
Motion to Grant Motion to Sever incorporated with Motion to Extend Abatement filed on behalf of petitioners Marcela Bustamante, et al. and repondents Jorge Fabio Llamas-Soforo, M.D., et al.
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| 05/31/2017 | Phone call from Clerk's Office | |
Spoke with Ms. Saberian's office. Requested that the Status Report be resubmitted in the form of a motion and paid for.
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| 05/30/2017 | Status report filed | |
Joint Status Report filed on behalf of Marcela and Jose Bustamante, et al.
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| 05/26/2016 | Motion for Extension of Time disposed. | Filing granted |
Joint Motion for Extension of Time to file Brief on the Merits has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Respondents' brief is due June 27, 2016; Reply brief is due July 12, 2016.
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| 05/26/2016 | Motion for Extension of Time to File Brief filed | |
Joint Motion for Extension of Time to file Brief on the Merits filed on behalf of Enrique N. Ponte, Jr., M.D., and Pediatrix Medical Services, Inc. and Jorge Fabio Llamas-Soforo, M.D., and Jorge Fabio Llamas-Soforo, M.D., P.A.
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| 04/25/2016 | Motion for Extension of Time disposed. | Filing granted |
Llamas-Soforo's Motion for Extension of Time to file Respondents' Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondents' brief is due May 27, 2016; Reply brief is due June 13, 2016.
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| 04/25/2016 | Motion 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 Jorge Fabio Llamas-Soforo, M.D. and Jorge Fabio Llamas-Soforo, M.D., P.A.
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| 04/22/2016 | Motion for Extension of Time disposed. | Filing granted |
Motion for Extension of Time to file Respondents' Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondents' brief is due May 27, 2016; Reply brief is due June 13, 2016.
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| 04/22/2016 | Motion 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 Enrique N. Ponte, Jr., M.D., and Pediatrix Medical Services, Inc.
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| 04/07/2016 | Brief on the Merits | |
Petitioner's Brief on the Merits filed on behalf of Marcela Bustamante, et al.
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| 03/31/2017 | Order of the Court Issued | Matter in Supreme Court of Texas Abated |
This cause is removed from the Court's active docket until May 30, 2017.
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| 03/31/2017 | Petition for Review disposed | Matter in Supreme Court of Texas Abated |
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| 03/23/2017 | Miscellaneous Motion | |
Unopposed Joint Motion to Sever and Abate Appeal to Permit Proceedings in the Trial Court to Effectuate Settlement filed on behalf of petitioners Marcela Bustamante, et al. and repondents Jorge Fabio Llamas-Soforo, M.D., et al.
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| 03/23/2016 | Motion 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 Marcela and Jose Bustamante, et al. has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioners' Brief on the Merits is due April 7, 2016; Respondents' brief is due April 27, 2016; Reply brief is due May 12, 2016.
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| 03/22/2016 | Motion for Extension of Time to File Brief filed | |
Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Marcela and Jose Bustamante, et al.
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| 02/08/2016 | Motion for Extension of Time disposed. | Filing granted |
Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Marcela and Jose Bustamante, et al. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioners' brief is due March 23, 2016; Respondents' brief is due April 12, 2016; Reply brief is due April 27, 2016.
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| 02/05/2016 | Motion 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 Marcela and Jose Bustamante, et al.
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| 01/30/2017 | Post submission brief filed | |
Post-Submission Letter in Response to Post-Submission Letter of Petitioners filed on behalf of Jorge Fabio Llamas-Soforo, M.D., et al.
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| 01/26/2016 | Case Record Filed | |
Electronic Appellate Record received.
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| 01/22/2016 | Record Requested in Case | |
Record requested from the 5th COA
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| 01/22/2016 | Brief on the Merits Ordered | |
Brief on the merits requested: Petitioner's brief on the merits due no later than February 22, 2016; Response brief due March 14, 2016; Reply brief due March 29, 2016.
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