Supreme Court

Case: 16-0125    
16-0125
02/22/2016
Second Petition for Review/Cause under Rule 53.1
DEBRA C. GUNN, M.D., OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.A., AND OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES P.L.L.C. 
ANDRE MCCOY, AS PERMANENT GUARDIAN OF SHANNON MILES MCCOY, AN INCAPACITATED PERSON 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/21/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Association of Defense Counsel in support of Motion for Rehearing. Submitted by Sadie A. Horner of The Bassett Firm of Dallas, Texas.
08/01/2018Motion for RehearingPetitioner's motion for rehearing of cause filed Joint Motion for Rehearing filed on behalf of Debra C. Gunn, M.D., et al.
03/20/2018Post submission brief filedEvent related to subsequent petition filed in case. Reply Letter in response to Respondent's Letter filed on March 2, 2018 filed on behalf of Dr. Debra Clark Gunn.
03/05/2018Post submission brief filedEvent related to first petition filed in case. Response to Post-Submission Brief filed regarding jury charge error filed on behalf of Obstetrical and Gynecological Associates, P.A., et al.
03/05/2018Post submission brief filedPetitioner Reply to Response to Post-Submission Brief concerning the exclusion of Dr. Schilling’s deposition excerpts filed on behalf of Obstetrical and Gynecological Associates, P.A., et al.
03/02/2018Post submission brief filedRespondent Letter Brief in Response to the Post Submission Brief of Debra C. Gunn, M.D. concerning the topic of causation filed on behalf of Andre McCoy.
03/01/2018Post submission brief filedRespondent Letter Brief regarding the jury charge error alleged by Petitioners, filed on behalf of respondent Andre McCoy.
02/26/2018Post submission brief filedRespondent Letter Brief in Response to the Post Submission Brief of Obstetrical & Gynecological concerning the exclusion of Dr. Schilling’s deposition excerpts filed on behalf of Andre McCoy.
02/16/2018Post submission brief filedEvent related to subsequent petition filed in case. Post-Submission Letter Brief filed on behalf of Debra C. Gunn, M.D.
02/09/2018Post submission brief filedEvent related to first petition filed in case. Post Submission Letter Brief filed on behalf of Obstetrical and Gynecological Associates, P.A., et al.
02/07/2018Exhibits in case/cause filedEvent related to subsequent petition filed in case. Oral Argument Bench Exhibits filed on behalf of Dr. Debra Gunn.
02/07/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Brief on American Medical Association submitted by Erin E. Lunceford of Norton Rose Fulbright US, LLP of Houston Texas.
02/06/2018Additional citations received.Event related to first petition filed in case. Notice of Additional Authorities filed on behalf of Obstetrical and Gynecological Associates, P.A. and Obstetrical and Gynecological Associates, PLLC (“OGA”).
02/05/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Alliance for Patient Access and Texas Medical Association submitted by Erin Lunceford of Norton Rose Fulbright of Houston, Texas.
05/16/2017Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Debra C. Gunn, M.D.
04/24/2017Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Obstetrical & Gynecological Associates, P.A., et al.
04/10/2017Brief on the MeritsRespondent Respondent's Brief on the Merits to Debra C. Gunn, M.D. filed on behalf of Andre McCoy.
04/10/2017Brief on the MeritsRespondent Respondent's Brief on the Merits to Obstetric and Gynecological Associates, et al. filed on behalf of Andre McCoy.
03/20/2017Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Debra C. Gunn, M.D.
01/27/2017Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Obstetrical and Gynecological Assoc., P.A. and Obstetrical and Gynecological Assoc., P.L.L.C.
11/23/2016Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Debra C. Gunn, M.D.
11/08/2016Reply to ResponseEvent related to first petition filed in case. Reply in Support of Petition for Review filed on behalf of Obstetrical and Gynecological Associates, P.A. and Obstetrical and Gynecological Associates, P.L.L.C.
10/26/2016Response to PetitionRespondent Response to Petition for Review filed on behalf of Andre McCoy.
10/26/2016Response to PetitionRespondent Response to Petition for Review filed on behalf of Andre McCoy.
06/08/2016Petition for Review #2Petitioner Petition for Review filed on behalf of Debra C. Gunn, M.D.
06/02/2016Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of the Texas Association of Defense Counsel.
05/05/2016Petition for ReviewPetitioner Petition for Review filed on behalf of Obstetrical and Gynecological Associates, P.A.; and Obstetrical and Gynecological Associates, P.L.L.C.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/26/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of respondent Andre McCoy, as Permanent Guardian of Shannon Miles McCoy, an Incapacitated Person
12/19/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Obstetrical and Gynecological Assoc., P.A., et al. Oral Argument will be presented by Jim Hund of Hund, Krier, Wilkerson & Wright, P.C., of Lubbock, Texas.
12/19/2016Record Requested in Case  Record requested from the 14th COA
12/16/2016Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than January 17, 2017; Response brief due February 6, 2017; Reply brief due February 21, 2017.
12/15/2017Case set for oral argumentCase set for oral argument Oral argument of this cause will be conducted on Thursday, February 8, 2018 at 10:00 a.m. at St. Mary's University School of Law, San Antonio, Texas.  See Tex. Const. art. V, § 3(a).  Time allotted to argue:  20/20 minutes
12/15/2017Case set for oral argumentCase set for oral argument Oral argument of this cause will be conducted on Thursday, February 8, 2018 at 10:00 a.m. at St. Mary's University School of Law, San Antonio, Texas.  See Tex. Const. art. V, § 3(a).  Time allotted to argue:  20/20 minutes
12/08/2017Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
12/08/2017Petition for Review granted 
12/08/2017Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
12/08/2017Petition for Review granted 
11/23/2016Reply to Response  Reply in Support of Petition for Review filed on behalf of Debra C. Gunn, M.D.
11/10/2016MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply is due on November 23, 2016.
11/10/2016Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply in support of Petition for Review filed on behalf of Debra C. Gunn, M.D.
11/08/2016Reply to Response  Reply in Support of Petition for Review filed on behalf of Obstetrical and Gynecological Associates, P.A. and Obstetrical and Gynecological Associates, P.L.L.C.
10/29/2018Case Stored  e-stored
10/26/2016Response to Petition  Response to Petition for Review filed on behalf of Andre McCoy.
10/26/2016Response to Petition  Response to Petition for Review filed on behalf of Andre McCoy.
10/07/2016Motion for Extension of Time to File Response disposedFiling granted Second Motion for Extension of Time to file Response to Petition for Review has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Response is due on October 26, 2016.
10/07/2016Motion for Extension of Time to File Response  Second Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Andre McCoy.
10/07/2016Call received  Call received from Todd Trombley regarding the filing of a second motion for extension of time to file response.
09/28/2018Mandate issued  Mandate & Cost Bill Issued
09/28/2018Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Guzman not sitting)
08/26/2016Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response to Petitions for Review is granted, as amended. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Requested Response is due October 12, 2016.
08/26/2016Amendment to Motion filed   Amended Motion for Extension of Time to file Response to Petitions for Review filed on behalf of Andre McCoy.
08/26/2016Electronic communication sent to Party  Sent email to each petitioner's counsel to inquire whether they are unopposed or opposed to respondent's motion to extend time to file responses to petitions for review.
08/25/2016Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petitions for Review filed on behalf of Andre McCoy.
08/21/2018Amicus Curiae Brief received  Amicus Brief of Texas Association of Defense Counsel in support of Motion for Rehearing. Submitted by Sadie A. Horner of The Bassett Firm of Dallas, Texas.
08/12/2016Supreme Court of Texas Requested Response  Requested responses to both petitions for review due no later than September 12, 2016.
08/02/2018Case forwarded to Court 
08/01/2018Motion for Rehearing  Joint Motion for Rehearing filed on behalf of Debra C. Gunn, M.D., et al.
07/18/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing is due on August 1, 2018.
07/12/2016Case forwarded to Court 
07/12/2016Case forwarded to Court 
07/02/2018Amendment to Motion filed   Amended Motion for Extension of Time to file Motion for Rehearing filed on behalf of Debra C. Gunn, M.D., et al.
06/29/2018Electronic communication sent to Party  Respondent will file a response to motion for extension of time to file motion for rehearing no later than July 2, 2018.
06/29/2018Electronic communication sent to Party  Email sent to respondent to determine if a written response in opposition to the motion for extension of time to file motion for rehearing will be filed.
06/29/2018Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Debra C. Gunn, M.D., et al.
06/15/2018Court approved judgment sent to attorneys of recordIssued
06/15/2018Dissenting opinion issued.Issued Justice Johnson delivered a dissenting opinion, in which Justice Boyd joined.
06/15/2018Opinion issuedIssued
06/15/2018Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment. Justice Green delivered the opinion of the Court, in which Chief Justice Hecht, Justice Lehrmann, Justice Devine, Justice Brown, and Justice Blacklock joined.
(6/15/2018 6:04:49 PM) 160125d.pdf, 160125.pdf, 16-0125.jmt.pdf
06/08/2016Petition for Review #2  Petition for Review filed on behalf of Debra C. Gunn, M.D.
06/02/2016Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of the Texas Association of Defense Counsel.
05/16/2017Reply Brief  Reply Brief on the Merits filed on behalf of Debra C. Gunn, M.D.
05/06/2016Motion for Extension of Time to File Petition for Review disposedFiling granted Debra C. Gunn, M.D.'s Motion for Extension of Time to File Petition is granted. Petition for Review is due June 8, 2016.
05/06/2016Motion for Extension of Time to File Petition for Review #2 filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Debra Gunn.
05/05/2016Petition for Review  Petition for Review filed on behalf of Obstetrical and Gynecological Associates, P.A.; and Obstetrical and Gynecological Associates, P.L.L.C.
04/27/2017Motion 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 16, 2017.
04/27/2016Motion to withdraw disposed ofFiling granted Motion to Withdraw Motion to Extend Time to File Petition for Review is granted. Petition for Review is due May 9, 2016.
04/26/2017Electronic communication sent to Party  Messaged counsel for respondent McCoy to inquire whether he is opposed to the motion for extension of time request.
04/25/2017Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Debra C. Gunn, M.D.
04/25/2016Motion to Withdraw Filed  Motion to Withdraw Motion to Extend Time to File Petition for Review and to Clarify Deadline for Filing Petition for Review filed on behalf of Obstetric and Gynecological Associates, P.A.
04/24/2017Reply Brief  Reply Brief on the Merits filed on behalf of Obstetrical & Gynecological Associates, P.A., et al.
04/20/2016Call received  Petitioner's counsel called to inform the Clerk that he believes that he has until May 9, 2016 to file his petition for review even though motion for extension of time was granted to May 2, 2016. Clerk said that counsel could ask for motion for extension of time to be dismissed as moot--or if more time is needed a second motion can be filed.
04/10/2017Brief on the Merits  Respondent's Brief on the Merits to Obstetric and Gynecological Associates, et al. filed on behalf of Andre McCoy.
04/10/2017Brief on the Merits  Respondent's Brief on the Merits to Debra C. Gunn, M.D. filed on behalf of Andre McCoy.
04/01/2016Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review filed on behalf of Debra C. Gunn, M.D., et al. has been granted. Petition for Review is due May 2, 2016.
04/01/2016Motion for Extension of Time to File Petition for Review pursuant to 53.7(f) reinstated  Motion for Extension of Time to file Petition for Review filed on behalf of Debra C. Gunn, M.D., et al. has been reinstated.
04/01/2016Abatement Order Lifted  Abatement order of February 23, 2016 has been lifted.
03/31/2016Notice received  Notice filed on behalf of Debra C. Gunn, M.D., et al.
03/20/2018Post submission brief filed  Reply Letter in response to Respondent's Letter filed on March 2, 2018 filed on behalf of Dr. Debra Clark Gunn.
03/20/2017Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Debra C. Gunn, M.D.
03/05/2018Post submission brief filed  Response to Post-Submission Brief filed regarding jury charge error filed on behalf of Obstetrical and Gynecological Associates, P.A., et al.
03/05/2018Post submission brief filed  Reply to Response to Post-Submission Brief concerning the exclusion of Dr. Schilling’s deposition excerpts filed on behalf of Obstetrical and Gynecological Associates, P.A., et al.
03/02/2018Post submission brief filed  Letter Brief in Response to the Post Submission Brief of Debra C. Gunn, M.D. concerning the topic of causation filed on behalf of Andre McCoy.
03/01/2018Post submission brief filed  Letter Brief regarding the jury charge error alleged by Petitioners, filed on behalf of respondent Andre McCoy.
02/26/2018Post submission brief filed  Letter Brief in Response to the Post Submission Brief of Obstetrical & Gynecological concerning the exclusion of Dr. Schilling’s deposition excerpts filed on behalf of Andre McCoy.
02/24/2016Notice received  Notice filed on behalf of Debra C. Gunn, M.D., et al.
02/23/2018Letter Filed  Letter from respondent informing the Court that they will respond to Post-Submission Briefs by Friday, March 2, filed on behalf of Andre McCoy.
02/23/2016Order of the Court IssuedMatter in Supreme Court of Texas Abated The Motion for Extension to File Petition for Review, filed on February 22, 2016, is ABATED.  The case is removed from the Court's active docket.  It is the parties' responsibility to immediately notify this Court once the court of appeals' decision is final.  See TEX. R. APP. P. 53.7(a)
02/23/2016Motion for Extension of Time to File Petition for Review disposedMatter in Supreme Court of Texas Abated Motion for Extension of Time to file Petition for Review is abated.
02/22/2016Motion for Extension of Time to File Petition for Review filed  Opposed Motion for Extension of Time to file Petition for Review. On behalf of Debra C. Gunn, M.D., et al.
02/17/2017Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Briefs on the Merits and to Set an Amended Briefing Schedule is granted. Petitioner's Brief is due March 20, 2017. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Respondent's Brief(s) is due April 10, 2017. Petitioners' Reply Briefs are due April 25, 2017.
02/17/2017Electronic communication received from Party  Email received from Mr. Jim Hund indicating that petitioners OGA, P.A. and OGA, P.L.L.C. do not oppose the motion for extension of time request.
02/17/2017Electronic communication sent to Party  Email sent to all parties' counsel inquiring whether petitioners OGA, P.A. and OGA, P.L.L.C. are opposed to the motion for extension of time request.
02/16/2018Post submission brief filed  Post-Submission Letter Brief filed on behalf of Debra C. Gunn, M.D.
02/16/2017Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Briefs on the Merits and to Set an Amended Briefing Schedule filed on behalf of Debra C. Gunn, M.D. and Andrew McCoy.
02/09/2018Post submission brief filed  Post Submission Letter Brief filed on behalf of Obstetrical and Gynecological Associates, P.A., et al.
02/08/2018Submission Schedule 
02/08/2018Oral argument   Argued on behalf of petitioner, Debra C. Gunn, M.D., by Jeff Nobles; Argued on behalf of petitioners, Obstetrical & Gynecological Assoc., P.A., et al., by Jim Hund; Argued on behalf of respondent by J. Todd Trombley
02/08/2018Oral argument   Argued on behalf of petitioner, Debra C. Gunn, M.D., by Jeff Nobles; Argued on behalf of petitioners, Obstetrical & Gynecological Assoc., P.A., et al., by Jim Hund; Argued on behalf of respondent by J. Todd Trombley
02/07/2018Amicus Curiae Letter Received  Amicus Curiae Brief on American Medical Association submitted by Erin E. Lunceford of Norton Rose Fulbright US, LLP of Houston Texas.
02/07/2018Exhibits in case/cause filed  Oral Argument Bench Exhibits filed on behalf of Dr. Debra Gunn.
02/07/2018Phone call from Clerk's Office  Called Petitioner regarding fee for Oral Argument Submission Form.
02/06/2018Additional citations received.  Notice of Additional Authorities filed on behalf of Obstetrical and Gynecological Associates, P.A. and Obstetrical and Gynecological Associates, PLLC (“OGA”).
02/05/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Debra C. Gunn, M.D. Oral Argument will be presented by Jeff Nobles and Jim Hund.
02/05/2018Amicus Curiae Brief received  Amicus Curiae Brief of Texas Alliance for Patient Access and Texas Medical Association submitted by Erin Lunceford of Norton Rose Fulbright of Houston, Texas.
02/05/2018Call received  Call received from Ginger in Jeff Nobles' office, regarding the oral argument submission form that they will submit today.
01/27/2017Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Obstetrical and Gynecological Assoc., P.A. and Obstetrical and Gynecological Assoc., P.L.L.C.
01/13/2017Motion for Extension of Time disposed.Filing granted Petitioner's Motion for Extension of Time to file Brief on the Merits is granted. Further requests for extensions of time for this filing will be disfavored. Petitioner's Brief is due February 16, 2017.Response Brief is due March 8, 2017. Reply Brief is due March 23, 2017.
01/13/2017Motion 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 Debra C. Gunn, M.D.
01/12/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time is granted. Petitioner's Brief is due January 31, 2017. Further requests for extensions of time for this filing will be disfavored. Response Brief is due February 20, 2017. Reply Brief is due March 7, 2017.
01/12/2017Motion for Extension of Time to File Brief filed  Motion for Extension of time to file Petitioner's Brief on the Merits filed on behalf of Obstetrical and Gynecological Assoc., P.A.
01/02/2017Case Record Filed   Electronic Appellate Record received.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/29/2018Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Alliance for Patient Access and Texas Medical AssociationAmicus CuriaeMs. Erin E. Lunceford
Obstetrical and Gynecological Associates P.L.L.C.PetitionerMs. Linda Ruth St. Clair Russell
Mr. Spencer G. Markle
Mr. Jim Hund
Mr. Michael C. Feehan
Gunn, M.D., Debra C.PetitionerThomas P. Sartwelle
Mr. Jeffery Nobles
Mr. Nicholas D. Stepp  
Ms. Barbara A. Hilburn
Texas Association of Defense CounselAmicus CuriaeMs. Sadie A. Horner  
Mr. Michael H. Bassett
Mr. Roger W. Hughes
Obstetric and Gynecological Associates, P.A.PetitionerMr. Michael C. Feehan
Mr. Spencer G. Markle
Ms. Linda Ruth St. Clair Russell
Mr. Jim Hund
Mccoy, AndreRespondentMr. J. Todd Trombley
Mr. Alexander B. Klein III
American Medical AssociationAmicus CuriaeMs. Erin E. Lunceford
Court of Appeals Information:
Aff As Mod 
489 SW3d 75, 03-24-16 
14th Court of Appeals 
Honorable Marc W. Brown 
Trial Court Information
Probate Court No 2 
Harris 
Honorable Michael J. Wood 
352,923-401