Supreme Court

Case: 15-0669    
15-0669
09/03/2015
Petition for Review/Cause under Rule 53.1
GRAPHIC PACKAGING CORPORATION 
GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/27/2017Post submission brief filedPetitioner Post-Submission Letter filed on behalf of Graphic Packaging Corp.
09/14/2017Post submission brief filedRespondent Post Submission Letter Brief filed on behalf of Glenn Hegar, et al.
08/30/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Multistate Tax Commission in support of the Texas Comptroller of Public Accounts submitted by Sheldon H. Laskin of Washington, DC.
08/23/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of States of Oregon, Alaska, California, Colorado, Hawaii, Idaho, Minnesota, Montana, New Mexico, North Dakota, Oklahoma, Utah, Washington, & the District of Columbia, in Support of Texas Comptroller of Public Accounts et al. Submitted by Darren Weirnick, Senior Assistant Attorney General of the State of Oregon.
05/24/2017Letter brief Respondent Letter Brief of Respondents Glenn Hegar, et al.
03/31/2017Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Graphic Packaging Corp.
01/13/2017Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Glenn Hegar, et al.
09/30/2016Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Graphic Packaging Corporation.
06/02/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of EMC Corporation. Submitted by Mark Eidman, Doug Sigel and Jeremy Gove of Ryan Law LLP.
05/26/2016Reply to ResponsePetitioner Reply to Petition filed on behalf of Graphic Packaging Corp.
04/13/2016Response to PetitionRespondent Response to Petition for Review filed on behalf of Glenn Hegar, Comptroller of Public Accounts, et al.
02/02/2016Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter filed on behalf of Council on State Taxations. Submitted by David Cowling with Jones Day of Dallas, Texas.
12/14/2015Petition for ReviewPetitioner Petition for Review, filed on behalf of Graphic Packaging Corporation.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/23/2016Motion for Extension of Time disposed.Filing granted Third Motion for Extension of Time to file Respondents' Brief on the Merits is granted. No further extensions of time will be considered. Respondents' brief is due January 13, 2017; and Reply brief is due January 30, 2017.
12/22/2017Court approved judgment sent to attorneys of recordIssued
12/22/2017Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment.  Justice Devine delivered the opinion of the Court.
(12/22/2017 12:22:00 PM) 150669.pdf, 15-0669.jmt.pdf
12/22/2016Motion for Extension of Time to File Brief filed  Third Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Glenn Hegar, et al.
12/14/2015Petition for Review  Petition for Review, filed on behalf of Graphic Packaging Corporation.
11/23/2016Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits is granted. No further extensions of time will be considered. Respondents' brief is due December 30, 2016; and Reply brief is due January 17, 2017.
11/23/2016Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Glenn Hegar, et al.
11/02/2015Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Third Motion for Extension of Time to file Petition for Review is Granted. No further extensions of time will be considered. Petition for Review is due December 14, 2015.
11/02/2015Third Motion for Extension of Time to File Petition for Review filed  Unopposed Third Motion for Extension of Time to file Petition for Review filed on behalf of Graphic Packaging Corporation.
10/29/2015Pro hac vice motion disposedFiling granted Motion in Support of Pro Hac Vice Admission of Edwin P. Antolin granted
10/29/2015Pro hac vice motion disposedFiling granted Edwin P. Antolin's Motion of Non-Resident Attorney for Admission Pro Hac Vice granted
10/29/2015Pro hac vice motion disposedFiling granted Motion in Support of Pro Hac Vice Admission of Amy L. Silverstein granted
10/29/2015Pro hac vice motion disposedFiling granted AmyL. Silverstein’s Motion of Non-Resident Attorney for Admission Pro Hac Vice granted
10/28/2015Pro hac vice motion filed  Motion in Support of Pro Hac Vice Admission of Edwin P. Antolin. On behalf of Graphic Packaging Corporation.
10/28/2015Pro hac vice motion filed  Edwin P. Antolin's Motion of Non-Resident Attorney for Admission Pro Hac Vice to appear on behalf of Graphic Packaging Corporation.
10/28/2015Pro hac vice motion filed  Motion in Support of Pro Hac Vice Admission of Amy L. Silverstein filed on behalf of Graphic Packaging Corp.
10/28/2015Pro hac vice motion filed  AmyL. Silverstein’s Motion of Non-Resident Attorney for Admission Pro Hac Vice to appear on behalf of Graphic Packaging Corporation
10/26/2016Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits is granted. Further requests for extensions of time will be disfavored. Respondents' brief is due November 30, 2016; and Reply brief is due December 15, 2016.
10/26/2016Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Glenn Hegar, et al.
10/06/2015Second Motion 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 Graphic Packaging Corporation, has been granted. Further requests for extensions of time for this filing will be disfavored. Petition for Review is due November 12, 2015.
10/06/2015Second 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 Graphic Packaging Corporation.
09/30/2016Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Graphic Packaging Corporation.
09/27/2017Post submission brief filed  Post-Submission Letter filed on behalf of Graphic Packaging Corp.
09/15/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted. Petitioner's Brief on the Merits is due September 30, 2016. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief is due October 31, 2016. Reply Brief is due November 15, 2016.
09/15/2016Motion 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 Graphic Packaging Corp.
09/14/2017Post submission brief filed  Post Submission Letter Brief filed on behalf of Glenn Hegar, et al.
09/13/2017Submission Schedule  Submission Schedule for September 13, 2017.
09/13/2017Oral argument   Argued on behalf of petitioner by Amy L. Silverstein; Argued on behalf of respondents by Scott A. Keller
09/03/2015Motion for Extension of Time to File Petition for Review disposedFiling granted Petition for Review is due October 12, 2015.
09/03/2015Motion for Extension of Time to File Petition for Review filed  Unopposed Motion for Extension of Time to file Petition for Review. On behalf of Graphic Packaging Corporation.
08/31/2017Pro hac vice motion disposedFiling granted Motion in Support of Pro Hac Vice Admission of Sheldon H. Laskin is granted.
08/31/2017Pro hac vice motion disposedFiling granted Sheldon H. Laskin's Motion of Non-Resident Attorney for Admission Pro Hac Vice to appear as counsel for Amici is granted.
08/30/2017Amicus Curiae Brief received  Amicus Brief of Multistate Tax Commission in support of the Texas Comptroller of Public Accounts submitted by Sheldon H. Laskin of Washington, DC.
08/30/2017Pro hac vice motion filed  Sheldon H. Laskin's Motion of Non-Resident Attorney for Admission Pro Hac Vice to appear as counsel for amici Multistate Tax Commission.
08/30/2017Pro hac vice motion filed  Unopposed Motion in Support of Pro Hac Vice Admission of Sheldon H. Laskin submitted on behalf of amici Multistate Tax Commission.
08/24/2017Pro hac vice motion disposedFiling granted Motion in Support of Pro Hac Vice Admission of Benjamin Gutman granted.
08/24/2017Pro hac vice motion disposedFiling granted Benjamin Gutman's Motion of Non-Resident Attorney for Admission Pro Hac Vice to appear as counsel for Amici granted.
08/24/2017Pro hac vice motion disposedFiling granted Motion in Support of Pro Hac Vice Admission of Darren Weirnick granted
08/24/2017Pro hac vice motion disposedFiling granted Darren Weirnick's Motion of Non-Resident Attorney for Admission Pro Hac Vice to appear as counsel for Amici granted.
08/23/2017Pro hac vice motion filed  Unopposed Motion in Support of Pro Hac Vice Admission of Benjamin Gutman submitted on behalf of amici State of Oregon, et al.
08/23/2017Pro hac vice motion filed  Unopposed Motion in Support of Pro Hac Vice Admission of Darren Weirnick submitted on behalf of amici State of Oregon, et al.
08/23/2017Electronic communication received from Party  Received email from Mr. Weirnick notifying that they are trying to resubmit the motions with the filing fees but continue having issues with payment options via their e-filing service provider.
08/23/2017Electronic communication sent to Party  Sent email to counsel Mr. Weirnick and Mr. Gutman regarding their motions pro hac vice and motions in support.
08/23/2017Amicus Curiae Brief received  Amicus Brief of States of Oregon, Alaska, California, Colorado, Hawaii, Idaho, Minnesota, Montana, New Mexico, North Dakota, Oklahoma, Utah, Washington, & the District of Columbia, in Support of Texas Comptroller of Public Accounts et al. Submitted by Darren Weirnick, Senior Assistant Attorney General of the State of Oregon.
08/23/2017Pro hac vice motion filed  Benjamin Gutman's Motion of Non-Resident Attorney for Admission Pro Hac Vice to appear as counsel for amici State of Oregon et al.
08/23/2017Pro hac vice motion filed  Darren Weirnick's Motion of Non-Resident Attorney for Admission Pro Hac Vice to appear as counsel for amici State of Oregon et al.
08/10/2017Electronic communication received from Party  Received email from counsel Scott Keller. He confirmed that he will be presenting argument. The form filed on 08-10-17 replaces/supersedes the form they submitted earlier 08-04-17.
08/10/2017Electronic communication sent to Party  Sent email to counsel Rance Craft and Scott Keller to clarify whether both will be presenting Oral Argument on behalf of respondent.
08/10/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of respondent, Glenn Hegar, et al. Oral Argument will be presented by Scott Keller of the Office of the Attorney General of Texas.
08/10/2016Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Graphic Packaging Corporation has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioner's brief is due September 16, 2016; Respondents' brief is due October 6, 2016; Reply brief is due October 21, 2016.
08/10/2016Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Graphic Packaging Corporation.
08/07/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Graphic Packaging Corp. Oral Argument will be presented by Amy L. Silverstein of Silverstein & Pomeranz LLP of San Francisco, California.
08/04/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of respondent, Glenn Hegar, et al. Oral Argument will be presented by Rance Craft of the Office of the Attorney General of Texas.
07/11/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Pet's Brief is due August 17, 2016; Response Brief is due September 6, 2016; Reply Brief is due September 21, 2016.
07/11/2016Motion 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 Graphic Packaging Corporation.
06/30/2017Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 13, 2017.  Time allotted to argue:  20/20 minutes
06/30/2016Case Record Filed   Electronic Appellate Record received.
06/21/2016Record Requested in Case  Record requested from the 3rd COA
06/17/2016Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than July 18, 2016; Response brief due August 8, 2016; Reply brief due August 23, 2016.
06/16/2017Petition for Review granted 
06/16/2017Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
06/02/2016Amicus Curiae Brief received  Amicus Curiae Brief of EMC Corporation. Submitted by Mark Eidman, Doug Sigel and Jeremy Gove of Ryan Law LLP.
05/26/2016Reply to Response  Reply to Petition filed on behalf of Graphic Packaging Corp.
05/24/2017Letter brief   Letter Brief of Respondents Glenn Hegar, et al.
04/25/2016MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply to Response to Petition for Review is Granted. Further requests for extensions of time will be disfavored. Reply is due May 31, 2016.
04/25/2016Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply to Response to Petition for Review filed on behalf of Graphic Packaging Corp.
04/13/2016Response to Petition  Response to Petition for Review filed on behalf of Glenn Hegar, Comptroller of Public Accounts, et al.
03/31/2017Reply Brief  Reply Brief on the Merits filed on behalf of Graphic Packaging Corp.
03/03/2016Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time is granted.  Response is due April 13, 2016.  Further requests for extensions of time for this filing will be disfavored.
03/03/2016Motion for Extension of Time to File Response  Motion for Extension of Time to file Response filed on behalf of Glenn Hegar, Comptroller of Public Accounts, et al.
02/23/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Reply Brief is due on March 31, 2017.
02/23/2017Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Graphic Packaging Corp.
02/14/2018Case Stored  e-stored
02/12/2016Supreme Court of Texas Requested Response  Requested response to petition for review due no later than March 14, 2016.
02/02/2016Amicus Curiae Letter Received  Amicus Curiae Letter filed on behalf of Council on State Taxations. Submitted by David Cowling with Jones Day of Dallas, Texas.
02/01/2018Mandate issued  Mandate & Cost Bill Issued
01/24/2017Motion 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 March 1, 2017.
01/24/2017Motion 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 Graphic Packaging Corp.
01/13/2017Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Glenn Hegar, et al.
01/12/2016Case forwarded to Court 
01/11/2016Response Waiver filed  Waiver of Response to Petition for Review, filed on behalf of Glenn Hegar and Ken Paxton.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
02/14/2018Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Ken Paxton, Attorney General of the State of TexasRespondentMr. Jeffrey C. Mateer
Ms. Cynthia Ann Morales
Mr. Kevin D. Van Oort
Mr. Scott A. Keller
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Rance L. Craft
State of UtahAmicus CuriaeMr. Benjamin Gutman
Mr. Sean D. Reyes
Mr. Darren Weirnick
State of New MexicoAmicus CuriaeMr. Hector Balderas
Mr. Darren Weirnick
Mr. Benjamin Gutman
State of OregonAmicus CuriaeMr. Benjamin Gutman
Mr. Darren Weirnick
Ms. Ellen F. Rosenblum
Mr. Ramon G. Viada III
The District of ColumbiaAmicus CuriaeMr. Karl A. Racine
Mr. Darren Weirnick
Mr. Benjamin Gutman
State of IdahoAmicus CuriaeMr. Benjamin Gutman
Mr. Darren Weirnick
Mr. Lawrence G. Wasden
Council on State TaxationAmicus CuriaeDavid Edward Cowling
Mr. Thomas Allen Jr.
State of HawaiiAmicus CuriaeMr. Darren Weirnick
Mr. Douglas S. Chin
Mr. Benjamin Gutman
Graphic Packaging CorporationPetitionerMr. Wallace B. Jefferson  
Ms. Amanda G. Taylor
Ms. Rachel A. Ekery  
Mr. Edwin P. Antolin
Ms. Lacy L. Leonard
Mr. James F. Martens
Ms. Dana Livingston
Ms. Amy L. Silverstein
Ms. Danielle V. Ahlrich
State of CaliforniaAmicus CuriaeMr. Xavier Becerra
Mr. Benjamin Gutman
Mr. Darren Weirnick
State of MontanaAmicus CuriaeMr. Benjamin Gutman
Mr. Darren Weirnick
Mr. Timothy C. Fox
Don Huffines, Comptroller of Public Accounts of the State of TexasRespondentMr. Rance L. Craft
Mr. Kevin D. Van Oort
Mr. Scott A. Keller
Ms. Cynthia Ann Morales
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Jeffrey C. Mateer
State of ColoradoAmicus CuriaeMr. Darren Weirnick
Mr. Benjamin Gutman
Ms. Cynthia Coffman
State of AlaskaAmicus CuriaeMr. Darren Weirnick
Mr. Benjamin Gutman
Ms. Jahna Lindemuth
State of OklahomaAmicus CuriaeMr. Mike Hunter
Mr. Benjamin Gutman
Mr. Darren Weirnick
State of North DakotaAmicus CuriaeMr. Darren Weirnick
Mr. Benjamin Gutman
Mr. Wayne Stenehjem
State of WashingtonAmicus CuriaeMr. Benjamin Gutman
Mr. Robert W. Ferguson
Mr. Darren Weirnick
State of MinnesotaAmicus CuriaeMr. Benjamin Gutman
Ms. Lori Swanson
Mr. Darren Weirnick
Multistate Tax CommissionAmicus CuriaeMr. Don W. Cruse Jr.
Mr. Sheldon H. Laskin
EMC CorporationAmicus CuriaeMr. Doug Sigel
Mr. Mark W. Eidman
Mr. Jeremy Gove
Court of Appeals Information:
Affirmed  
471 SW3d 138, 07-28-15 
3rd Court of Appeals 
Honorable Melissa Young Goodwin 
Trial Court Information
353rd District Court 
Travis 
Honorable Stephen Yelenosky 
D-1-GN-12-003038