Supreme Court

Case: 16-0098    
16-0098
02/10/2016
Petition for Review/Cause under Rule 53.1
THE DALLAS MORNING NEWS, INC. AND STEVE BLOW 
JOHN TATUM AND MARY ANN TATUM 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/04/2018Reply to Response to Motion for Rehearing filedRespondent Reply in support of Motion for Rehearing filed on behalf of John Tatum, et al.
08/15/2018Response to Motion for RehearingPetitioner Response to Motion for Rehearing filed on behalf of The Dallas Morning News, Inc., et al.
07/30/2018Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf John Tatum and Mary Ann Tatum.
05/25/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Various Amicus Curiae Letters received May 25, 2018.
05/16/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Various Amicus Curiae Letters received May 16, 2018.
05/14/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Various Amicus Curiae Letters received from May 9 to May 14, 2018.
05/04/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Various Amicus Curiae Letters received May 4, 2018.
04/05/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter received from Stephen and Stephanie Chambers.
03/21/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Various Amicus Curiae letters received March 21, 2018.
03/20/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Various Amicus Curiae letters received March 20, 2018.
03/09/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Various Amicus Curiae letters received March 9, 2018.
02/16/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Various Amicus Curiae letters received February 16, 2018.
08/11/2017Fully hyperlinked brief filedRespondent Hyperlinked vesion of Respondents' Response to Amicus Brief filed on behalf of John Tatum.
08/11/2017Fully hyperlinked brief filedRespondent Hyperlinked version of Respondets' Reply in Support of Motion for Sanctions filed on behalf of John Tatum.
08/11/2017Fully hyperlinked brief filedRespondent Hyperlinked version of Respondents' Motion for Sanctions filed on behalf of John Tatum.
08/11/2017Fully hyperlinked brief filedRespondent Hyperlinked version of Respondents' Brief on the Merits filed on behalf of John Tatum, et al.
08/02/2017Fully hyperlinked brief filedPetitioner Hyperlinked Petitioner's Brief on the Merits filed on behalf of The Dallas Morning News, et al.
06/28/2017Response to Amicus Curiae Brief filedRespondent Response to Amicus Brief of Reporters Committee for Freedom of the Press filed on behalf of John Tatum, et al.
06/15/2017Reply BriefPetitioner Reply Brief on the Merits filed on behalf of The Dallas Morning News, Inc., et al.
06/06/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Reporters Committee for Freedom of the Press submitted by Russell Falconer of Gibson, Dunn & Crutcher LLP of Dallas, TX, and Eugene Volokh of Scott & Cyan Banister First, Amendment Clinic, UCLA School of Law of Los Angeles, CA.
04/12/2017Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of John Tatum, et al.
01/20/2017Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of The Dallas Morning News, Inc.
09/20/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Press Association, Texas Association of Broadcasters and The Freedom of Information Foundation of Texas in support of Petition for Review. Submitted by James A. Hemphill of Graves Dougherty Hearon & Moody PC of Austin, Texas.
08/18/2016Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of The Dallas Morning News, Inc., et al.
08/03/2016Response to PetitionRespondent Response to Petition for Review filed on behalf of John Tatum and Mary Ann Tatum.
04/12/2016Petition for ReviewPetitioner Petition for Review filed on behalf of The Dallas Morning News, Inc., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/15/2016Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. Further requests for extensions of time will not be considered. Petitioners' brief is due January 20, 2017; Respondents' brief is due February 9, 2017; and Reply brief is due February 24, 2017.
12/15/2016Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of The Dallas Morning News, Inc., et al.
12/13/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Reporters Committee for Freedom of the Press. Oral Argument will be presented by Eugene Volokh of UCLA School of Law of Los Angeles California.
12/13/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of The Dallas Morning News, Inc., et al. Oral Argument will be presented by Wallace B. Jefferson of Alexander Dubose Jefferson & Townsend LLP of Austin Texas.
12/13/2017Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. Joe Sibley with Camara & Sibley LLP of Houston, Texas, filed on behalf of John Tatum, et al.
11/02/2016Case Record Filed   Electronic Appellate Record received.
10/29/2018Case Stored  e-stored
10/27/2017Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., January 10, 2018.  Time allotted to argue:  15/20/5 minutes
10/26/2016Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. Further requests for extensions of time will be disfavored. Petitioners' brief is due December 21, 2016; Respondents' brief is due January 10, 2017; and Reply brief is due January 25, 2017.
10/26/2016Motion 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 The Dallas Morning News, Inc., et al.
10/24/2016Record Requested in Case  Record requested from the 5th COA
10/21/2016Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than November 21, 2016; Response brief due December 12, 2016; Reply brief due December 27, 2016.
10/20/2017Motion to Argue disposedFiling granted Petitioner's Unopposed Motion for Leave to Share Argument Time with Amicus Curiae granted.  Time allotted to argue:  15/20/5 minutes
10/04/2017Miscellaneous Motion  Petitioners' Unopposed Motion for Leave to Share Argument Time with Amicus Curiae filed on behalf of The Dallas Morning News, Inc., et al.
09/28/2018Mandate issued  Mandate & Cost Bill Issued
09/28/2018Motion for Rehearing - DisposedDenied
09/20/2016Amicus Curiae Brief received  Amicus Brief of Texas Press Association, Texas Association of Broadcasters and The Freedom of Information Foundation of Texas in support of Petition for Review. Submitted by James A. Hemphill of Graves Dougherty Hearon & Moody PC of Austin, Texas.
09/04/2018Reply to Response to Motion for Rehearing filed  Reply in support of Motion for Rehearing filed on behalf of John Tatum, et al.
09/01/2017Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 9, 2018.  Time allotted to argue:  20/20 minutes
09/01/2017Petition for Review disposedFiling granted
09/01/2017Petition for Review granted 
08/20/2018Miscellaneous motion disposed. See Remarks.Filing granted Unopposed Motion to File Reply to Response to Motion for Rehearing granted.  Reply is due no later than September 4, 2018. Further requests for extensions of time will be disfavored.
08/20/2018Miscellaneous Motion  Unopposed Motion to file Reply to Response to Motion for Rehearing filed on behalf of John Tatum, et al.
08/18/2016Reply to Response  Reply to Response to Petition for Review filed on behalf of The Dallas Morning News, Inc., et al.
08/15/2018Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of The Dallas Morning News, Inc., et al.
08/11/2017Fully hyperlinked brief filed  Hyperlinked vesion of Respondents' Response to Amicus Brief filed on behalf of John Tatum.
08/11/2017Fully hyperlinked brief filed  Hyperlinked version of Respondets' Reply in Support of Motion for Sanctions filed on behalf of John Tatum.
08/11/2017Fully hyperlinked brief filed  Hyperlinked version of Respondents' Motion for Sanctions filed on behalf of John Tatum.
08/11/2017Fully hyperlinked brief filed  Hyperlinked version of Respondents' Brief on the Merits filed on behalf of John Tatum, et al.
08/03/2016Response to Petition  Response to Petition for Review filed on behalf of John Tatum and Mary Ann Tatum.
08/02/2017Fully hyperlinked brief filed  Hyperlinked Petitioner's Brief on the Merits filed on behalf of The Dallas Morning News, et al.
07/31/2018Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than August 15, 2018.
07/30/2018Case forwarded to Court 
07/30/2018Motion for Rehearing  Motion for Rehearing filed on behalf John Tatum and Mary Ann Tatum.
07/26/2016Motion for Extension of Time to File Response disposedFiling granted Unopposed Second Motion for Extension of Time to file Response to Petition for Review is Granted. No further extensions of time will be considered. Response is due August 3, 2016.
07/25/2016Motion for Extension of Time to File Response  Unopposed Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of John Tatum, et al.
07/24/2017Reply to Response to Motion  Reply in Support of Motion for Sanctions filed on behalf of John Tatum, et al.
07/13/2017Response to Motion filed  Petitioners' Response to Respondents' Motion for Sanctions filed on behalf of The Dallas Morning News, Inc. and Steve Blow.
06/29/2017Miscellaneous Motion  Motion for Sanctions filed on behalf of John Tatum, et al.
06/28/2017Response to Amicus Curiae Brief filed  Response to Amicus Brief of Reporters Committee for Freedom of the Press filed on behalf of John Tatum, et al.
06/20/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Second Motion for Extension of Time to file Motion for Rehearing granted. No further extensions of time will be considered. Motion for Rehearing is due no later than July 30, 2018.
06/20/2018Motion for Extension of Time to File Motion for Rehearing  Unopposed Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of John Tatum, et al.
06/20/2017Miscellaneous motion disposed. See Remarks.Filing granted Unopposed Motion to file Response to Amicus Brief is granted.
06/16/2017Miscellaneous Motion  Unopposed Motion to file Response to Amicus Brief filed on behalf of John Tatum, et al.
06/15/2017Reply Brief  Reply Brief on the Merits filed on behalf of The Dallas Morning News, Inc., et al.
06/07/2017Pro hac vice motion disposedFiling granted Resident Attorney, Russell H. Falconer's Motion in Support of Eugene Volokh's Motion Pro Hac Vice granted.
06/07/2017Pro hac vice motion disposedFiling granted Non Resident Attorney Eugene Volokh's Motion for Leave to Appear Pro Hac Vice granted.
06/06/2017Amicus Curiae Brief received  Amicus Brief of Reporters Committee for Freedom of the Press submitted by Russell Falconer of Gibson, Dunn & Crutcher LLP of Dallas, TX, and Eugene Volokh of Scott & Cyan Banister First, Amendment Clinic, UCLA School of Law of Los Angeles, CA.
06/06/2017Phone call from Clerk's Office  Contacted counsel Russell Falconer regarding the motions pro hac vice.
06/06/2017Pro hac vice motion filed  Resident Attorney, Russell H. Falconer's Motion in Support of Eugene Volokh's Motion Pro Hac Vice filed on behalf of Reporters Committee for Freedom of the Press.
06/06/2017Pro hac vice motion filed  Non Resident Attorney Eugene Volokh's Motion for Leave to Appear Pro Hac Vice filed on behalf of Reporters Committee for Freedom of the Press.
05/31/2016Motion for Extension of Time to File Response disposedFiling 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 July 27, 2016.
05/29/2016Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of John Tatum, et al.
05/27/2016Supreme Court of Texas Requested Response  Requested Response to Petition for Review due on June 27, 2016.
05/25/2018Amicus Curiae Letter Received  Various Amicus Curiae Letters received May 25, 2018.
05/25/2017Motion for Extension of Time disposed.Filing granted 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 16, 2017.
05/22/2017Motion 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 The Dallas Morning News, Inc., et al.
05/16/2018Amicus Curiae Letter Received  Various Amicus Curiae Letters received May 16, 2018.
05/14/2018Amicus Curiae Letter Received  Various Amicus Curiae Letters received from May 9 to May 14, 2018.
05/14/2018Motion 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 no later than June 28, 2018.
05/11/2018Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of John Tatum, et al.
05/11/2018Court approved judgment sent to attorneys of recordIssued
05/11/2018Miscellaneous motion disposed. See Remarks.Denied Respondents' Motion for Sanctions denied
05/11/2018Concurring Opinion issued.Issued Justice Boyd delivered a concurring opinion, in which Justice Lehrmann and Justice Blacklock joined.  
05/11/2018Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses the court of appeals' judgment and renders judgment. Justice Brown delivered the unanimous opinion of the Court with respect to Parts I, II, III.B, and IV, the opinion of the Court with respect to Part III.A, in which Chief Justice Hecht, Justice Green, Justice Guzman, and Justice Devine joined, and an opinion with respect to Part III.C, in which Chief Justice Hecht and Justice Johnson joined.

(5/11/2018 3:19:13 PM) 160098c.pdf, 160098.pdf, 16-0098.jmt.pdf
05/04/2018Amicus Curiae Letter Received  Various Amicus Curiae Letters received May 4, 2018.
04/26/2016Case forwarded to Court 
04/22/2016Response Waiver filed  Response Waiver filed on behalf of John and Mary Ann Tatum.
04/21/2017Motion 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 May 26, 2017.
04/21/2017Motion 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 The Dallas Morning News, Inc., et al.
04/12/2018Call received  Call received from John Tatum regarding Motion for Sanctions from June 29, 2017, which is not showing up on the docket website.
04/12/2017Brief on the Merits  Respondents' Brief on the Merits filed on behalf of John Tatum, et al.
04/12/2016Petition for Review  Petition for Review filed on behalf of The Dallas Morning News, Inc., et al.
04/05/2018Amicus Curiae Letter Received  Amicus Letter received from Stephen and Stephanie Chambers.
03/21/2018Amicus Curiae Letter Received  Various Amicus Curiae letters received March 21, 2018.
03/20/2018Amicus Curiae Letter Received  Various Amicus Curiae letters received March 20, 2018.
03/14/2016Second Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time is granted.  Petition for Review is due April 14, 2016.  Further requests for extensions of time for this filing will be disfavored.
03/09/2018Amicus Curiae Letter Received  Various Amicus Curiae letters received March 9, 2018.
03/09/2016Second Motion for Extension of Time to File Petition for Review filed  Second Motion for Extension of Time to file Petition for Review filed on behalf of The Dallas Morning News, and Steve Blow.
03/01/2017Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response brief is due April 12, 2017; Reply brief is due April 27, 2017.
03/01/2017Motion 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 John Tatum, et al.
02/25/2019Document received (See Remarks)  The petition for a writ of certiorari is denied, received from Supreme Court of the United States.
02/16/2018Amicus Curiae Letter Received  Various Amicus Curiae letters received February 16, 2018.
02/10/2016Motion 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 The Dallas Morning News, Inc. and Steve Blow has been granted. Petition for Review is due on March 17, 2016.
02/10/2016Motion 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 The Dallas Morning News, Inc. and Steve Blow.
02/02/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due on March 13, 2017. Reply Brief is due on March 28, 2017.
02/02/2017Motion 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 John Tatum, et al.
01/20/2017Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of The Dallas Morning News, Inc.
01/11/2019Letter Received  The petition for a writ of certiorari was filed on December 27, 2018 and placed on the docket January 7, 2019 as No. 18-864 from Supreme Court of the United States.
01/10/2018Submission Schedule 
01/10/2018Oral argument   Argued on behalf of petitioners by Wallace B. Jefferson; Argued on behalf of respondents by Joe Sibley; Argued on behalf of amicus curiae by Eugene Volokh
01/09/2018Phone call from Clerk's Office  Call made to petitioner attorney regarding possible motion for three at counsel table.  Party does not intend on filing a motion after all.
01/09/2018Call received  Call received from Alexander Dubose Jefferson & Townsend, LLP informing the Court that they intend to file a motion for three at counsel table.
01/02/2018Letter Filed  Letter regarding oral argument participation filed on behalf of The Dallas Morning News, Inc. et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/29/2018Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Blow, StevePetitionerMs. Rachel A. Ekery  
Mr. Paul C. Watler
Mr. Wallace B. Jefferson  
Ms. Shannon Z. Teicher
Tatum, JohnRespondentMr. Joseph D. Sibley IV
Texas Press AssociationAmicus CuriaeMr. James A. Hemphill
Texas Association of BroadcastersAmicus CuriaeMr. James A. Hemphill
The Freedom of Information Foundation of TexasAmicus CuriaeMr. James A. Hemphill
The Dallas Morning News, Inc.PetitionerMs. Shannon Z. Teicher
Mr. Wallace B. Jefferson  
Ms. Rachel A. Ekery  
Mr. Paul C. Watler
Tatum, Mary AnnRespondentMr. Joseph D. Sibley IV
Chambers, Stephen Amicus CuriaeMr. Stephen Chambers
Reporters Committee for Freedom of the PressAmicus CuriaeMr. Russell Falconer
Mr. Eugene Volokh
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
493 SW3d 646, 12-30-15 
5th Court of Appeals 
Honorable William G. Whitehill 
Trial Court Information
68th District Court 
Dallas 
Honorable Martin Jerome Hoffman 
DC-11-07371