Supreme Court

Case: 15-0569    
15-0569
07/31/2015
Petition for Review/Cause under Rule 53.1
BP AMERICA PRODUCTION COMPANY 
RED DEER RESOURCES, LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/21/2017Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of State Representative Four Price of Austin, Texas.
09/19/2017Reply to Amicus Curiae BriefRespondent Letter Brief Reply to BP's Response to Amicus Curiae filed on September 12, 2017, filed on behalf of Red Deer Resources, LLC.
09/12/2017Response to Amicus Curiae Brief filedPetitioner Response to Amicus Curiae filed on behalf of petitioner, BP America Production Company.
09/08/2017Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter submitted by Clayton M. Henry of Wichita Falls, Texas.
09/07/2017Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of State Representative Ken King of Austin, Texas.
09/01/2017Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of Canadian River Municipal Water Authority submitted by Douglas G. Caroom.
09/01/2017Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of Panhandle Groundwater Conservation District submitted by Monique Norman of Austin, Texas.
08/24/2017Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter Brief of The Texas and Southwestern Cattle Raisers Association and Chris Scharbauer in support of respondent's motion for rehearing. Submitted by Arthur G. Uhl, III of Uhl Fitzsimons Jewett & Burton PLLC of San Antonio, Texas.
08/24/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief submitted by, and on behalf of, Bailey Peyton of Canadian, Texas.
08/23/2017Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amicus Curiae Thomas Ladd and James McCown in Support of Respondent Red Deer Resources, LLC.  Submitted by Gloria Leal with Gloria Leal and Associates of Austin, Texas.
08/23/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief submitted by, and on behalf of, George A. Snell, III of Snell Law Firm of Amarillo, Texas.
08/22/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief submitted by, and on behalf of, Danna Kay Archer Brady of San Antonio, Texas.
08/18/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief North Plains Groundwater Conservation District submitted by Keith F. Good of Lemon, Shearer, Phillips & Good, P.C. of Perryton, Texas.
08/10/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curie Brief submitted by Howard Franklin Saunders (Buddy) III Land Services and Consulting.
08/08/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief recieved from Texas Land and Mineral Owners Association. Submitted by John B. McFarland and Mary A. Keeney with Graves, Dougherty, Hearon & Moody of Austin, Texas.
07/28/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Jaten Oil Company submitted by Edward L. Morris, President of Jaten Oil Co. of Amarillo, Texas.
07/13/2017Reply to Response to Motion for Rehearing filedRespondent Respondent's Reply to Petitioner's Response to Motion for Rehearing filed on behalf of Red Deer Resources, LLC.
07/07/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Chalres McMordie, et al. Submitted by Marty L. Rowley of Amarillo, Texas.
07/07/2017Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter received and submitted on behalf of T. Boone Pickens.
07/03/2017Response to Motion for RehearingPetitioner Response to Motion for Rehearing filed on behalf of BP America Production Company.
06/05/2017Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Red Deer Resources, LLC.
02/10/2017Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of BP America Production Co.
02/02/2017Post submission brief filedRespondent Post-Submission Letter Brief filed on behalf of Red Deer Resources, LLC.
01/11/2017Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of BP America Production Company.
09/02/2016Response to Amicus Curiae Brief filedRespondent Response to Amicus Brief of Texas Oil and Gas Association filed on behalf of respondent, Red Deer Resources LLC.
08/11/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Texas Oil and Gas Association.
06/01/2016Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of BP America Production Company.
05/03/2016Fully hyperlinked brief filedRespondent Hyperlinked Respondent's Brief on the Merits filed on behalf of Red Deer Resources, LLC.
05/02/2016Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Red Deer Resources, LLC.
04/11/2016Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of BP America Production Company.
11/24/2015Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of Red Deer Resources, LLC.
11/02/2015Response to PetitionRespondent Response to Petition for Review filed on behalf of Red Deer Resources, LLC.
07/31/2015Petition for ReviewPetitioner Petition for Review filed on behalf of BP America Production Company.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2015Notice of Appearance  Notice of Appearance of John Smithee filed on behalf of Red Deer Resources, LLC.
12/21/2015Record Requested in Case  Record requested from the 7th 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.
11/24/2015Reply to Response  Reply to Response to Petition for Review filed on behalf of Red Deer Resources, LLC.
11/16/2015MET to file reply disposed ofFiling granted Motion for Extension of Time is granted.  Reply is due November 24, 2015.
11/16/2015Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply filed on behalf of BP America Production Co.
11/08/2016Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., January 12, 2017.  Time allotted to argue:  20/20 minutes
11/07/2016Electronic communication received from Party  Emailed received from Counsel regarding rescheduling Oral Argument.
11/07/2016Electronic communication sent to Party  Emailed counsel regarding rescheduling Oral Argument.
11/02/2015Response to Petition  Response to Petition for Review filed on behalf of Red Deer Resources, LLC.
10/10/2016Oral Argument Submission Form from Attorney received  Oral Arugment Submission Form filed on behalf of Red Deer Resources, LLC. Oral Argument will be presented by Joe Lovell of Lovell, Lovell, Isern & Farabough, L.L.P. of Amarillo, Texas.
10/02/2015Supreme Court of Texas Requested Response  Response Requested to Petition for Review due no later than November 2, 2015.
09/25/2017Mandate issued  Mandate & Cost Bill Issued
09/22/2017Motion for Rehearing - DisposedDenied
09/21/2017Amicus Curiae Letter Received  Amicus Letter of State Representative Four Price of Austin, Texas.
09/19/2017Reply to Amicus Curiae Brief  Letter Brief Reply to BP's Response to Amicus Curiae filed on September 12, 2017, filed on behalf of Red Deer Resources, LLC.
09/12/2017Response to Amicus Curiae Brief filed  Response to Amicus Curiae filed on behalf of petitioner, BP America Production Company.
09/09/2016Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Charles R. "Skip" Watson, Jr., with Locke Lord LLP of Austin, Texas, filed on behalf of BP America Production Company.
09/08/2017Amicus Curiae Letter Received  Amicus Letter submitted by Clayton M. Henry of Wichita Falls, Texas.
09/07/2017Amicus Curiae Letter Received  Amicus Letter of State Representative Ken King of Austin, Texas.
09/02/2016Response to Amicus Curiae Brief filed  Response to Amicus Brief of Texas Oil and Gas Association filed on behalf of respondent, Red Deer Resources LLC.
09/02/2016Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., November 10, 2016.  Time allotted to argue:  20/20 minutes
09/02/2016Petition for Review granted 
09/02/2016Petition for Review disposedFiling granted
09/01/2017Amicus Curiae Letter Received  Amicus Letter of Canadian River Municipal Water Authority submitted by Douglas G. Caroom.
09/01/2017Amicus Curiae Letter Received  Amicus Letter of Panhandle Groundwater Conservation District submitted by Monique Norman of Austin, Texas.
09/01/2015Case forwarded to Court 
08/31/2015Response Waiver filed  Response waiver filed on behalf of Red Deer Resources, LLC.
08/24/2017Amicus Curiae Letter Received  Amicus Letter Brief of The Texas and Southwestern Cattle Raisers Association and Chris Scharbauer in support of respondent's motion for rehearing. Submitted by Arthur G. Uhl, III of Uhl Fitzsimons Jewett & Burton PLLC of San Antonio, Texas.
08/24/2017Amicus Curiae Brief received  Amicus Brief submitted by, and on behalf of, Bailey Peyton of Canadian, Texas.
08/23/2017Amicus Curiae Brief received  Brief of Amicus Curiae Thomas Ladd and James McCown in Support of Respondent Red Deer Resources, LLC.  Submitted by Gloria Leal with Gloria Leal and Associates of Austin, Texas.
08/23/2017Amicus Curiae Brief received  Amicus Brief submitted by, and on behalf of, George A. Snell, III of Snell Law Firm of Amarillo, Texas.
08/22/2017Amicus Curiae Brief received  Amicus Brief submitted by, and on behalf of, Danna Kay Archer Brady of San Antonio, Texas.
08/18/2017Amicus Curiae Brief received  Amicus Brief North Plains Groundwater Conservation District submitted by Keith F. Good of Lemon, Shearer, Phillips & Good, P.C. of Perryton, Texas.
08/11/2016Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Texas Oil and Gas Association.
08/10/2017Amicus Curiae Brief received  Amicus Curie Brief submitted by Howard Franklin Saunders (Buddy) III Land Services and Consulting.
08/08/2017Amicus Curiae Brief received  Amicus Brief recieved from Texas Land and Mineral Owners Association. Submitted by John B. McFarland and Mary A. Keeney with Graves, Dougherty, Hearon & Moody of Austin, Texas.
08/03/2017Designation of Lead Counsel   Petitioner BP America Production Company designates Robert C. Vartabedian as new lead counsel on appeal.
07/31/2015Petition for Review  Petition for Review filed on behalf of BP America Production Company.
07/28/2017Amicus Curiae Brief received  Amicus Curiae Brief of Jaten Oil Company submitted by Edward L. Morris, President of Jaten Oil Co. of Amarillo, Texas.
07/13/2017Reply to Response to Motion for Rehearing filed  Respondent's Reply to Petitioner's Response to Motion for Rehearing filed on behalf of Red Deer Resources, LLC.
07/07/2017Amicus Curiae Letter Received  Amicus Letter received and submitted on behalf of T. Boone Pickens.
07/07/2017Amicus Curiae Brief received  Amicus Curiae Brief of Chalres McMordie, et al. Submitted by Marty L. Rowley of Amarillo, Texas.
07/03/2017Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of BP America Production Company.
06/16/2017Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than July 3, 2017.
06/05/2017Case forwarded to Court 
06/05/2017Motion for Rehearing  Motion for Rehearing filed on behalf of Red Deer Resources, LLC.
06/01/2016Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of BP America Production Company.
06/01/2016Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Reply Brief on the Merits has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Reply Brief is due on June 3, 2016.
06/01/2016Response to Motion filed  Response to Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Red Deer Resources, LLC.
05/31/2016Electronic communication sent to Party  Emailed counsel for respondent to determine if the motion was opposed.
05/31/2016Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of BP America Production Company.
05/17/2016Motion 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 May 31, 2016.
05/17/2016Motion 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 BP America Production Company.
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 granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due June 5, 2017
05/12/2017Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion or Rehearing filed on behalf of BP America Production Company.
05/03/2016Fully hyperlinked brief filed  Hyperlinked Respondent's Brief on the Merits filed on behalf of Red Deer Resources, LLC.
05/02/2016Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Red Deer Resources, LLC.
04/28/2017Court approved judgment sent to attorneys of recordIssued
04/28/2017Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses the court of appeals' judgment and renders judgment. Justice Green delivered the opinion of the Court.
(4/28/2017 2:26:54 PM) 150569.pdf, 15-0569.jmt.pdf
04/11/2016Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of BP America Production Company.
03/25/2016Notice from attorney regarding vacation dates  Vacation notice for respondent Red Deer Resources, LLC's counsel, Mr. Joe L. Lovell. He will be out May 13 thru June 6, 2016.
03/15/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted.  Petitioner's Brief on the Merits is due April 11, 2016.  Response Brief is due May 2, 2016.  Reply Brief is due May 17, 2016.
03/14/2016Motion for Extension of Time to File Brief filed  Unopposed Third Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of BP America Production Co.
02/10/2017Post submission brief filed  Post-Submission Letter Brief filed on behalf of BP America Production Co.
02/09/2016Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is Granted. No further extensions of time will be considered. Petitioner's brief is due March 21, 2016; Respondent's brief is due April 11, 2016; and Reply brief is due April 26, 2016.
02/09/2016Motion 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 behald of BP America Production Company.
02/02/2017Post submission brief filed  Post-Submission Letter Brief filed on behalf of Red Deer Resources, LLC.
01/26/2017Motion to withdraw disposed ofFiling granted Motion to Withdraw is granted.
01/26/2017Motion to Withdraw Filed  Motion to Withdraw and Designation of Lead Counsel filed on behalf of BP America Production Co.
01/14/2016Case Record Filed   Electronic Appellate Record received.
01/12/2017Submission Schedule  Submission Schedule for January 12, 2017.
01/12/2017Oral argument   Argued on behalf of petitioner by Charles R. "Skip" Watson; Argued on behalf of respondent by Joe L. Lovell
01/11/2017Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of BP America Production Company.
01/08/2016Motion 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 Red Deer Resources, LLC, has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief if due February 18, 2016. Response Brief is due March 9, 2016. Reply Brief is due March 24, 2016.
01/08/2016Motion 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 BP America Production Co.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/18/2018Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Brady, Danna Kay ArcherAmicus CuriaeMs. Danna Kay Archer Brady
McCown, JamesAmicus CuriaeMs. Gloria Leal
Scharbauer, ChrisAmicus CuriaeMr. Robert M. Park
Mr. Arthur G. Uhl III
Peyton, Bailey Amicus CuriaeMr. Bailey Peyton
Snell, III, George A.Amicus CuriaeMr. George A. Snell III
BP America Production CompanyPetitionerMr. Robert C. Vartabedian
Mr. Richard B. Phillips Jr.
Mr. John Ben Blanchard
Mr. Conrad D. Hester
Mr. Michael A. Hatchell
Mr. Charles R. 'Skip' Watson Jr.
North Plains Groundwater Conservation DistrictAmicus CuriaeMr. F. Keith Good
Texas Oil and Gas AssociationAmicus CuriaeChief Justice Scott Brister
Saunders, III, Howard F. (Buddy)Amicus CuriaeMr. Howard F. (Buddy) Saunders III
Jaten Oil CompanyAmicus CuriaeMr. Edward L. Morris
State Representative Ken KingAmicus CuriaeMr. Ken King
The Texas and Southwestern Cattle Raisers AssociationAmicus CuriaeMr. Robert M. Park
Mr. Arthur G. Uhl III
Price, Four Amicus CuriaeMr. Four Price
Ladd, ThomasAmicus CuriaeMs. Gloria Leal
Panhandle Groundwater Conservation DistrictAmicus CuriaeMs. Monique Milisci Norman
Canadian River Municipal Water AuthorityAmicus CuriaeMr. Doug Caroom
Henry, Clayton M.Amicus CuriaeMr. Clayton M. Henry
McMordie, CharlesAmicus CuriaeMr. Marty L. Rowley
Red Deer Resources, LLCRespondentMr. John T. Smithee
Mr. Joe L. Lovell
Mr. Brian W. Farabough
Ms. Courtney D. Miller
Mr. John H. Lovell
Pickens, T. BooneAmicus CuriaeMr. T. Boone Pickens
Texas Land and Mineral Owners AssociationAmicus CuriaeMr. John B. McFarland
Ms. Mary A. Keeney
Court of Appeals Information:
Affirmed  
466 SW3d 335, 05-18-15 
7th Court of Appeals 
Honorable James T. Campbell 
Trial Court Information
31st District Court 
Lipscomb 
Honorable John B. Board 
12-08-4372