Supreme Court

Case: 16-0549    
16-0549
07/25/2016
Petition for Review/Cause under Rule 53.1
DR. BEHZAD NAZARI, D.D.S., ET AL. 
THE STATE OF TEXAS; XEROX CORPORATION; AND XEROX STATE HEALTHCARE, LLC, F/K/A ACS STATE HEALTHCARE, LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/15/2018Reply to Response to Motion for Rehearing filedPetitioner Reply in support of Motion for Rehearing filed on behalf of Dr. Behzad Nazari DDS.
10/25/2018Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of State of Texas.
09/06/2018Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of Dr. Behzad Nazari, D.D.S., et al.
02/16/2018Response to Amicus Curiae Brief filedRespondent Response to Amicus Brief of Xerox Corp. filed on behalf of the State of Texas.
02/12/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of Xerox Corporation and Xerox State Healthcare, LLC regarding points raised during the Nazari and Xerox oral arguments. Submitted by David M. Gunn and Constance H. Pfeiffer of Beck Redden LLP of Houston, Texas.
02/05/2018Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of State of Texas.
02/05/2018Exhibits in case/cause filedPetitioner Oral Argument Exhibits Bench Book filed on behalf of petitioners, Dr. Behzad Nazari, D.D.S., et al.
01/29/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Pharmaceutical Research and Manufacturers of America. Submitted by William R. Peterson of Morgan, Lewis and Bockius LLP of Houston, Texas.
08/14/2017Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Dr. Behzad Nazari, D.D.S., et al.
07/10/2017Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of The State of Texas.
04/19/2017Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of Dr. Behad Nazari, D.D.S., et al.
01/17/2017Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Dr. Behzad Nazari, D.D.S., et al.
12/19/2016Response to PetitionRespondent Response to Petition for Review filed on behalf of the State of Texas.
08/29/2016Petition for ReviewPetitioner Petition for Review filed on behalf of Dr. Behzad Nazari, D.D.S.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/22/2016MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply is granted. Reply is due January 17, 2017. Further requests for extensions of time for this filing will be disfavored.
12/22/2016Motion 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 Dr. Behzad Nazari, D.D.S., et al.
12/19/2016Response to Petition  Response to Petition for Review filed on behalf of the State of Texas.
12/14/2018Mandate issued  Mandate & Cost Bill Issued
12/14/2018Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Boyd and Justice Blacklock not sitting)
11/16/2016Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time is granted. Response is due December 19, 2016. Further requests for extensions of time for this filing will be disfavored.
11/16/2016Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of the State of Texas.
11/15/2018Reply to Response to Motion for Rehearing filed  Reply in support of Motion for Rehearing filed on behalf of Dr. Behzad Nazari DDS.
11/04/2016Supreme Court of Texas Requested Response  Requested response to petition for review due no later than December 5, 2016.
10/30/2018Letter Filed  Letter to notify the Court that petitioners intend to file a Reply in support of Motion for Rehearing filed on behalf of Dr. Behzad Nazari DDS.
10/25/2018Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of State of Texas.
10/04/2016Case forwarded to Court 
09/22/2017Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 6, 2018.  Time allotted to argue:  20/20 minutes
09/22/2017Petition for Review disposedFiling granted
09/22/2017Petition for Review granted 
09/21/2018Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Motion for Rehearing granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due no later than October 26, 2018.
09/20/2018Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of State of Texas.
09/11/2018Notice of Appearance  Notice of Appearance of Solicitor General, Kyle Hawkins, replacing Scott Keller.
09/11/2018Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than September 26, 2018.
09/06/2018Case forwarded to Court 
09/06/2018Motion for Rehearing  Motion for Rehearing filed on behalf of Dr. Behzad Nazari, D.D.S., et al.
09/01/2016Response Waiver filed  Response waiver filed on behalf of the State of Texas.
08/29/2016Phone call from Clerk's Office  Verified style and party information with petitioner attorney's office.
08/29/2016Petition for Review  Petition for Review filed on behalf of Dr. Behzad Nazari, D.D.S.
08/14/2017Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Dr. Behzad Nazari, D.D.S., et al.
08/06/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second Motion for Extension of Time to file Petitioner's Motion for Rehearing has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Motion for Rehearing is due on September 6, 2018.
08/06/2018Motion for Extension of Time to File Motion for Rehearing  Unopposed Second Motion for Extension of Time to file Petitioner's Motion for Rehearing filed on behalf of Dr. Behzad Nazari, D.D.S., et al.
07/26/2016Motion for Extension of Time to File Petition for Review disposedFiling granted Petition for Review due August 29, 2016.
07/25/2016Motion 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 Dr. Behzad Nazari, D.D.S., et al.
07/21/2017Motion for Extension of Time disposed.Filing granted Unopposed 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 August 14, 2017.
07/21/2017Motion 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 Dr. Behzad Nazari, D.D.S., et al.
07/10/2017Brief on the Merits  Respondent's Brief on the Merits filed on behalf of The State of Texas.
07/06/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to file Petitioner's Motion for Rehearing is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing is due August 6, 2018.
07/03/2018Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Petitioner's Motion for Rehearing filed on behalf of Dr. Behzad Nazari, D.D.S., et al.
06/22/2018Court approved judgment sent to attorneys of recordIssued
06/22/2018Concurring and Dissenting Opinion deliveredIssued Justice Lehrmann delivered an opinion concurring in part and dissenting in part, in which Justice Johnson joined.
06/22/2018Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment. Justice Brown delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, and Justice Devine joined.  (Justice Boyd and Justice Blacklock not sitting)
(6/22/2018 11:09:41 AM) 160549cd.pdf, 160549.pdf, 16-0549.jmt.pdf
06/01/2017Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Respondent's Brief on the Merits has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Respondent's Brief is due on July 10, 2017. Reply Brief is due on July 25, 2017.
06/01/2017Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of The State of Texas.
05/02/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Further requests for extensions of time will be disfavored. Respondent's brief is due June 9, 2017; Reply brief is due June 26, 2017.
05/02/2017Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of The State of Texas.
04/19/2017Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Dr. Behad Nazari, D.D.S., et al.
03/06/2017Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Further requests for extensions of time will be disfavored. Petitioner's brief is due April 19, 2017; Respondent's brief is due May 9, 2017; and Reply brief is due May 24, 2017.
03/06/2017Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to Petitioner's Brief on the Merits filed on behalf of Dr. Behzad Nazari, D.D.S., et al.
02/24/2017Case Record Filed   Electronic Appellate Record received.
02/21/2017Record Requested in Case  Record requested from the 3rd COA
02/17/2017Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than March 20, 2017; Response brief due April 10, 2017; Reply brief due April 25, 2017.
02/16/2018Response to Amicus Curiae Brief filed  Response to Amicus Brief of Xerox Corp. filed on behalf of the State of Texas.
02/12/2018Amicus Curiae Letter Received  Amicus Letter of Xerox Corporation and Xerox State Healthcare, LLC regarding points raised during the Nazari and Xerox oral arguments. Submitted by David M. Gunn and Constance H. Pfeiffer of Beck Redden LLP of Houston, Texas.
02/06/2018Submission Schedule 
02/06/2018Oral argument   Argued on behalf of petitioners by Jason Ray; Argued on behalf of respondent by Scott A. Keller (Justice Blacklock not sitting)
02/05/2018Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of State of Texas.
02/05/2018Exhibits in case/cause filed  Oral Argument Exhibits Bench Book filed on behalf of petitioners, Dr. Behzad Nazari, D.D.S., et al.
01/29/2018Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Pharmaceutical Research and Manufacturers of America. Submitted by William R. Peterson of Morgan, Lewis and Bockius LLP of Houston, Texas.
01/17/2017Reply to Response  Reply in Support of Petition for Review filed on behalf of Dr. Behzad Nazari, D.D.S., et al.
01/04/2018Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Scott A. Keller with Office of the Texas Attorney General filed on behalf of State of Texas.
01/03/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of petitioners, Dr. Behzad Nazari, D.D.S., et al. Oral Argument will be presented by Jason Ray of Riggs & Ray, P.C. of Austin, Texas.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
12/14/2018Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Dr. Vivian TeegardinOther interested party Mr. Oscar Xavier Garcia
Dr. Scott MalonePetitioner 
Juan D. Villarreal D.D.S.Petitioner 
Dr. Diana MalonePetitionerMr. Jason D. Ray
Mr. J. Woodfin Jones
Mr. J. A. (Tony) Canales
Richard F. Herrscher, D.D.S., M.S.D., P.C.PetitionerMr. Robert M. Anderton
RGV Smiles by Rocky Salinas, D.D.S. PAPetitionerMr. Richard Bruce Pecore
Mr. Jason D. Ray
Mr. J. Woodfin Jones
Dr. John VondrakPetitionerMr. J. A. (Tony) Canales
Mr. J. Woodfin Jones
Mr. Jason D. Ray
Harlingen Family Dentistry, P.C. a/k/a Practical Business SolutionsPetitioner 
Xerox CorporationAmicus CuriaeMs. Constance H. Pfeiffer
Mr. David Gunn
Nazari, D.D.S., BehzadPetitionerMr. J. Woodfin Jones
Mr. Mitchell A. Toups
Mr. Jason D. Ray
Mr. E. Hart Green
Dr. Wael KanaanOther interested party Philip H. Hilder
Mr. William Graham
Xerox State Healthcare LLCAmicus CuriaeMs. Constance H. Pfeiffer
Mr. David Gunn
M & M Orthodontics PAPetitionerMr. J. A. (Tony) Canales
National Orthodontix, Mgmt., PLLCPetitionerMr. Jason D. Ray
Mr. J. A. (Tony) Canales
Mr. J. Woodfin Jones
Series LLC d/b/a Harlingen Family Dentistry GroupPetitioner 
Dr. Richard F. HerrscherPetitionerMr. Robert M. Anderton
Pharmaceutical Research and Manufacturers of AmericaAmicus CuriaeMr. William Peterson
Antoine Dental CenterPetitioner 
The State of TexasRespondentMr. Raymond C. Winter
Mr. J. Campbell Barker
Mr. Philip A. Lionberger
Mr. Kyle D. Hawkins
Mr. Jeffrey C. Mateer
Smith, MichellePetitionerMr. J. A. (Tony) Canales
ACS State Healthcare, LLCRespondentMr. William C. Webb
Ms. Constance H. Pfeiffer
Mr. Christopher Cowan
Mr. Eric J.R. Nichols
Mr. Robert C. Walters
Court of Appeals Information:
Aff/Pt and Dismiss/Pt 
497 SW3d 169, 06-17-16 
3rd Court of Appeals 
Honorable David E. Puryear 
Trial Court Information
53rd District Court 
Travis 
Honorable Stephen Yelenosky 
D-1-GN-14-005380