Supreme Court

Case: 15-0613    
15-0613
08/14/2015
Third Petition for Review/Cause under Rule 53.1
TOWN OF DISH, WILLIAM SCISCOE, DENISE SCISCOE, ERIC DOW, ANGELA DOW, ROBERT DRAPER, MICHELLE DRAPER, JOHN HARRIS, KIMBERLY HARRIS, CHARLES PEGG, GERALDINE PEGG, CODY PETREE, ALICE RANDALL, JOHNNY REAMES, JEANETTE REAMES, MARGARET H. WAGNER, ET AL. 
ATMOS ENERGY CORPORATION, ENBRIDGE GATHERING (NORTH TEXAS) L.P., ENERGY TRANSFER FUEL, L.P., ENTERPRISE TEXAS PIPELINE, L.L.C., AND TEXAS MIDSTREAM GAS SERVICES, L.L.C. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/16/2016Reply BriefEvent related to first petition filed in case. Reply Brif on the Merits filed on behalf of Enterprise Texas Pipeline, L.L.C.
12/16/2016Reply BriefEvent related to subsequent petition filed in case. Reply Brief on the Merits filed on behalf of Atmos Energy Corp.
12/15/2016Reply BriefEvent related to subsequent petition filed in case. Reply Brief on the Merits filed on behalf of Town of Dish, et al.
11/01/2016Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Atmos Energy Corp., et al. and Enterprise Texas Pipeline LLC.
11/01/2016Brief on the MeritsRespondent Response to Enterprise's Brief on the Merits filed on behalf of The Town of Dish, et al.
11/01/2016Brief on the MeritsRespondent Response to Atmos' Brief on the Merits filed on behalf of The Town of Dish, et al.
08/31/2016Fully hyperlinked brief filedEvent related to subsequent petition filed in case. Hyperlinked version of Petitioner's Brief on the Merits previously filed on August 26, 2016 filed on behalf of Atmos Energy, et al.
08/26/2016Brief on the MeritsEvent related to subsequent petition filed in case. Petitioners' Brief on the Merits filed on behalf of Atmos Energy Corp., et al.
08/26/2016Brief on the MeritsEvent related to first petition filed in case. Petitioners' Brief on the Merits filed on behalf of Enterprise Texas Pipeline LLC.
08/25/2016Brief on the MeritsEvent related to subsequent petition filed in case. Petitioner's Brief on the Merits filed on behalf of the Town of Dish.
04/15/2016Fully hyperlinked brief filedEvent related to subsequent petition filed in case. Hyperlinked Reply in Support of Petition for Review filed on behalf of Atmos Energy Corp., et al.
04/13/2016Reply to ResponseEvent related to subsequent petition filed in case. Reply in Support of Petition for Review filed on behalf of Atmos Energy Corp., et al.
04/13/2016Reply to ResponseEvent related to first petition filed in case. Reply in Support of Petition for Review filed on behalf of Enterprise Texas Pipline, LLC.
04/11/2016Reply to ResponseEvent related to subsequent petition filed in case. Reply in Support of Petition for Review filed on behalf of The Town of Dish, et al.
03/09/2016Response to PetitionRespondent Response to Petition for Review filed jointly on behalf of cross-respondents, Atmos Energy Corp., et al. and Enterprise Texas Pipeline, LLC.
03/07/2016Response to PetitionRespondent Response to Petition for Review filed on behalf of the Town of Dish.
11/12/2015Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of The National Association of Manufacturers, et al.  in support of the petitions for review. Submitted by Richard O. Faulk of Hollingsworth LLP.
11/04/2015Fully hyperlinked brief filedEvent related to subsequent petition filed in case. Hyperlinked Petition for Review originally filed on October 30, 2015 on behalf of Atmos Energy Corp., et al.
10/30/2015Petition for Review #3Event related to subsequent petition filed in case. Petition for Review filed on behalf of Atmos Energy Corporation, et al.
10/30/2015Petition for ReviewPetitioner Petition for Review filed on behalf of Enterprise Texas Pipeline LLC.
10/29/2015Petition for Review #2Event related to subsequent petition filed in case. Petition for Review filed on behalf of The Town of Dish, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/16/2016Reply Brief  Reply Brif on the Merits filed on behalf of Enterprise Texas Pipeline, L.L.C.
12/16/2016Reply Brief  Reply Brief on the Merits filed on behalf of Atmos Energy Corp.
12/15/2016Reply Brief  Reply Brief on the Merits filed on behalf of Town of Dish, et al.
12/01/2015Case forwarded to Court 
12/01/2015Case forwarded to Court 
12/01/2015Case forwarded to Court 
11/24/2015Response Waiver filed  Waiver of Response to Petition for Review, filed on behalf of Atoms Energy Corporation, et al.
11/12/2015Amicus Curiae Letter Received  Amicus Letter of The National Association of Manufacturers, et al.  in support of the petitions for review. Submitted by Richard O. Faulk of Hollingsworth LLP.
11/09/2016Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Reply Briefs on the Merits is granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply brief is due December 16, 2016.
11/09/2016Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Enterprise Texas Pipeline, L.L.C., Town of Dish, and Atmos Energy Corp.
11/04/2015Fully hyperlinked brief filed  Hyperlinked Petition for Review originally filed on October 30, 2015 on behalf of Atmos Energy Corp., et al.
11/02/2015Call received  Called recieved from Baker Botts clarifying the reason for two petitions submitted by Evan Young on Friday, October 30th.
11/01/2016Brief on the Merits  Response Brief on the Merits filed on behalf of Atmos Energy Corp., et al. and Enterprise Texas Pipeline LLC.
11/01/2016Brief on the Merits  Response to Atmos' Brief on the Merits filed on behalf of The Town of Dish, et al.
11/01/2016Brief on the Merits  Response to Enterprise's Brief on the Merits filed on behalf of The Town of Dish, et al.
10/30/2015Petition for Review #3  Petition for Review filed on behalf of Atmos Energy Corporation, et al.
10/30/2015Petition for Review  Petition for Review filed on behalf of Enterprise Texas Pipeline LLC.
10/29/2015Petition for Review #2  Petition for Review filed on behalf of The Town of Dish, et al.
10/12/2016Motion for Extension of Time disposed.Filing granted Second Joint Motion for Extension of Time to file Response Brief on the Merits is granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Response brief is due November 1, 2016; Reply brief is due November 16, 2016.
10/12/2016Motion for Extension of Time to File Brief filed  Second Joint Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Atmos Energy Corp., et al.
09/24/2015Second 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 Atmos Energy Corporation, et al. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition due October 30, 2015.
09/23/2015Second 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 Atmos Energy Corporation, et al.
09/07/2016Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Enterprise Texas Pipeline, LLC, Town of Dish and Atmos Energy Corp has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondents' brief is due October 17, 2016; Reply brief is due November 1, 2016.
09/07/2016Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Enterprise Texas Pipeline, LLC, Town of Dish and Atmos Energy Corp.
08/31/2016Fully hyperlinked brief filed  Hyperlinked version of Petitioner's Brief on the Merits previously filed on August 26, 2016 filed on behalf of Atmos Energy, et al.
08/26/2016Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Atmos Energy Corp., et al.
08/26/2016Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Enterprise Texas Pipeline LLC.
08/25/2016Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of the Town of Dish.
08/14/2015Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of time to file Petition for Review of behalf of Atmos Energy Corporation has been granted, due September 30, 2015.
08/14/2015Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of time to file Petition for Review of behalf of Atmos Energy Corporation.
07/24/2017Case Stored  e-stored
07/21/2016Motion for Extension of Time disposed.Filing granted Second Joint Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Enterprise Texas Pipeline, LLC, Town of Dish and Atmos Energy Corp. has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioners' brief is due August 26, 2016; Respondents' brief is due September 15, 2016; Reply brief is due September 30, 2016.
07/21/2016Motion for Extension of Time to File Brief filed  Second Joint Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Enterprise Texas Pipeline, LLC, Town of Dish and Atmos Energy Corp.
06/30/2017Mandate issued  Mandate & Cost Bill Issued
06/17/2016Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Petitioners' Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioners' Brief is due on July 27, 2016. Response Brief is due on August 16, 2016. Reply Brief is due on August 31, 2016.
06/17/2016Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Enterprise Texas Pipeline, LLC, Town of Dish and Atmos Energy Corp.
06/07/2016Case Record Filed   Electronic Appellate Record received.
05/31/2016Record Requested in Case  Record requested from the 7th COA
05/27/2016Brief on the Merits Ordered  Brief on the Merits Requested:  Petitioner's brief due no later than June 27, 2016, Response brief due July 18, 2016, Reply brief due August 2, 2016.
05/23/2017Letter sent to parties from Supreme Court - See Remarks  Letter sent to parties regarding non-substantive change on page 1, first line of the first paragraph.  
(5/23/2017 8:46:15 AM) 150613.pdf
05/19/2017Court approved judgment sent to attorneys of recordIssued
05/19/2017Opinion issuedIssued
05/19/2017Opinion issuedIssued
05/19/2017Opinion issuedCourt of Appeals' judgment reversed, trial court judgment reinstated The Court reverses the court of appeals' judgment and reinstates the trial court's judgment. Justice Brown delivered the opinion of the Court.
(5/19/2017 4:12:17 PM) 150613.pdf, 15-0613.jmt.pdf
04/15/2016Fully hyperlinked brief filed  Hyperlinked Reply in Support of Petition for Review filed on behalf of Atmos Energy Corp., et al.
04/13/2016Reply to Response  Reply in Support of Petition for Review filed on behalf of Enterprise Texas Pipline, LLC.
04/13/2016Reply to Response  Reply in Support of Petition for Review filed on behalf of Atmos Energy Corp., et al.
04/11/2016Reply to Response  Reply in Support of Petition for Review filed on behalf of The Town of Dish, et al.
03/16/2016MET to file reply disposed ofFiling granted JOINT Motion for Extension of Time to file Reply in Support of Petitions for Review is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Replies are due April 13, 2016.
03/16/2016Motion to Extend Time to File Reply filed  JOINT Motion for Extension of Time to file Reply in Support of Petitions for Review. On behalf of petitioners, Enterprise Texas Pipeline, L.L.C., Town of Dish and Atmos Energy Corp., et al.
03/09/2016Response to Petition  Response to Petition for Review filed jointly on behalf of cross-respondents, Atmos Energy Corp., et al. and Enterprise Texas Pipeline, LLC.
03/07/2016Response to Petition  Response to Petition for Review filed on behalf of the Town of Dish.
03/01/2017Submission Schedule 
03/01/2017Oral argument   Argued on behalf of petitioners/cross-respondents by Evan A. Young; Argued on behalf of respondents/cross-petitioners by Kirk Claunch
03/01/2017Oral argument   Argued on behalf of petitioners/cross-respondents by Evan A. Young; Argued on behalf of respondents/cross-petitioners by Kirk Claunch
03/01/2017Oral argument   Argued on behalf of petitioners/cross-respondents by Evan A. Young; Argued on behalf of respondents/cross-petitioners by Kirk Claunch
02/08/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Atmos Energy Corp. Oral Argument will be presented by Evan A. Young of Baker Botts L.L.P.
01/31/2017Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Kirk Claunch with The Claunch Law Firm of Fort Worth, Texas, filed on behalf of Town of Dish, et al.
01/29/2016Motion for Extension of Time to File Response disposedFiling granted Joint Motion for Extension of Time to file Responses to Petition for Review filed on behalf of Enterprise Texas Pipeline, LLC., Town of Dish, and Atmos Energy Corp. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Responses to Petition for Review are due March 9, 2016.
01/29/2016Motion for Extension of Time to File Response  Joint Motion for Extension of Time to file Responses to Petition for Review filed on behalf of Enterprise Texas Pipeline, LLC., Town of Dish, and Atmos Energy Corp.
01/20/2017Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., March 1, 2017. Time allotted to argue: 20/20 minutes
01/20/2017Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., March 1, 2017.  Time allotted to argue:  20/20 minutes
01/20/2017Petition for Review disposedFiling granted
01/20/2017Petition for Review granted 
01/20/2017Petition for Review disposedFiling granted
01/20/2017Petition for Review granted 
01/20/2017Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., March 1, 2017.  Time allotted to argue:  20/20 minutes
01/20/2017Petition for Review disposedFiling granted
01/20/2017Petition for Review granted 
01/11/2016Call received  Call received regarding request for response. Clarified that request for responses to all petitions for review.  
01/08/2016Supreme Court of Texas Requested Response  Requested responses to petitions for review due no later than February 8, 2016.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/24/2017Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Metals Service Center InstituteAmicus CuriaeMr. Richard O. Faulk
ENTERPRISE TEXAS PIPELINE, L.L.C., Petitioner 1Mr. Joseph P. Regan
Mr. David F. Johnson
ENERGY TRANSFER FUEL, L.P., Petitioner 3Mr. Andrew James Szygenda  
Mr. Robert K. Wise
Atmos Energy CorporationPetitioner 3Mr. Jonathan B. Rubenstein
Mr. Clark Rucker  
Mr. Robert K. Wise
Mr. Andrew James Szygenda  
Mr. George Parker Young
Mr. Evan A. Young
Hunter Allen
Ms. Karen S. Precella
Mr. Roger Clyfton Diseker
Mr. Carlos R. Romo  
Vincent P. Circelli
American Coatings AssociationAmicus CuriaeMr. Richard O. Faulk
ENBRIDGE GATHERING (NORTH TEXAS) L.P.,Petitioner 3Mr. George Parker Young
Vincent P. Circelli
Ms. Karen S. Precella
National Association of ManufacturersAmicus CuriaeMr. Richard O. Faulk
Town of DishRespondentMr. Kirk Matthew Claunch
Mr. James (Jim) R. Claunch
Mr. James D. Piel
Association of American RailroadsAmicus CuriaeMr. Richard O. Faulk
TEXAS MIDSTREAM GAS SERVICES, L.L.C.,Petitioner 3Mr. Roger Clyfton Diseker
American Foundry SocietyAmicus CuriaeMr. Richard O. Faulk
American Chemistry CouncilAmicus CuriaeMr. Richard O. Faulk
Council of Industrial Boiler OwnersAmicus CuriaeMr. Richard O. Faulk
Court of Appeals Information:
Aff/Pt and Rev & Ren/Pt 
519 SW3d 171, 06-01-15 
7th Court of Appeals 
Honorable Patrick A. Pirtle 
Trial Court Information
96th District Court 
Tarrant 
Honorable R. H. Wallace 
96-254364-11