Supreme Court

Case: 16-0644    
16-0644
08/24/2016
Second Petition for Review/Cause under Rule 53.1
MERCEDES-BENZ USA, LLC, JACK L. HOLT, CRAIG W. DEARING AND FRANK J. OSWALD, JR. 
CARDUCO, INC. D/B/A CARDENAS METROPLEX 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/05/2019Supplemental Letter BriefRespondent Supplemental Letter Brief to Motion for Rehearing filed on behalf of Carduco, Inc.
05/10/2019Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Carduco, Inc.
02/01/2019Post submission brief filedPetitioner Reply to Post-Submission Brief filed on behalf of Carduco, Inc.
12/17/2018Post submission brief filedPetitioner Petitioner's Response to Carduco's Post-Submission Brief filed on behalf of Mercedes-Benz USA, LLC, et al.
12/10/2018Post submission brief filedRespondent Post-Submission Brief filed on behalf of Carduco, Inc.
12/03/2018Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Carduco, Inc.
12/03/2018Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of Mercedes-Benz USA, LLC, et al.
11/27/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Automobile Dealers Association, Texas Motorcycle Dealers Association, and Texas Recreational Vehicle Association submitted by Karen Phillips of TADA.
10/30/2017Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Carduco, Inc.
10/30/2017Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Mercedes-Benz, USA, et al.
09/29/2017Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Carduco, Inc.
09/28/2017Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Mercedes-Benz USA.
08/02/2017Brief on the MeritsEvent related to subsequent petition filed in case. Cross Petitioner's Brief on the Merits filed on behalf of Carduco Inc.
08/02/2017Brief on the MeritsEvent related to first petition filed in case. Petitioners' Brief on the Merits filed on behalf of Mercedes-Benz USA, et al.
04/06/2017Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Mercedes-Benz USA, et al.
03/27/2017Reply to ResponseEvent related to subsequent petition filed in case. Reply in Support of Petition for Review filed on behalf of Carduco, Inc.
03/22/2017Response to PetitionRespondent Response to Petition for Review filed on behalf of Carduco, Inc.
02/24/2017Response to PetitionRespondent Response to Cross Petition for Review filed on behalf of  Mercedes-Benz USA, et al.
01/19/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Community Management, LLC in support of Carduco, Inc. submitted by David F. Johnson of Winstead PC of Fort Worth, TX.
11/08/2016Petition for Review #2Petitioner Petition for Review filed on behalf of Carduco, Inc.
10/12/2016Petition for ReviewPetitioner Petition for Review filed on behalf of Mercedes-Benz USA, LLC, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/17/2018Post submission brief filed  Petitioner's Response to Carduco's Post-Submission Brief filed on behalf of Mercedes-Benz USA, LLC, et al.
12/13/2019Miscellaneous motion disposed. See Remarks.Denied Petitioners' Motion to Modify Judgment denied
12/13/2016Case forwarded to Court 
12/13/2016Case forwarded to Court 
12/10/2018Post submission brief filed  Post-Submission Brief filed on behalf of Carduco, Inc.
12/04/2019Reply to Response to Motion  Reply in support of Motion to Modify Judgment filed on behalf of Mercedes-Benz USA, LLC, et al.
12/04/2018Oral argument   Argued on behalf of petitioners by Joseph R. Knight; Argued on behalf of respondents by Douglas W. Alexander
12/04/2018Oral argument   Argued on behalf of petitioners by Joseph R. Knight; Argued on behalf of respondents by Douglas W. Alexander
12/03/2018Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Carduco, Inc.
12/03/2018Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Mercedes-Benz USA, LLC, et al.
12/02/2019Response to Motion filed  Response to Motion to Modify Judgment filed on behalf of Carduco, Inc.
11/27/2018Amicus Curiae Brief received  Amicus Curiae Brief of Texas Automobile Dealers Association, Texas Motorcycle Dealers Association, and Texas Recreational Vehicle Association submitted by Karen Phillips of TADA.
11/22/2019Supreme Court of Texas Requested Response  Requested response to Motion to Modify Judgment due no later than December 2, 2019.
11/17/2016Designation of Lead Counsel   Petitioner's Notice of Designation of Lead Counsel filed on behalf of Frank J. Oswald, Jr.
11/15/2019Miscellaneous Motion  Opposed Motion to Modify Judgment filed on behalf of Mercedes-Benz USA, LLC, et al.
11/08/2016Petition for Review #2  Petition for Review filed on behalf of Carduco, Inc.
11/06/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Mercedes-Benz USA, LLC, et al. Oral Argument will presented by Joseph R. Knight of Ewell Brown Blanke & Knight LLP of Austin Texas.
10/30/2018Phone call from Clerk's Office  Contacted the office of Douglas Alexander to request the $75 submission fee for Oral Argument.
10/30/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Carduco, Inc. Oral Argument will be presented by Douglas W. Alexander of Alexander Dubose Jefferson & Townsend LLP of Austin, Texas.
10/30/2017Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Carduco, Inc.
10/30/2017Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Mercedes-Benz, USA, et al.
10/26/2016Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Petition for Review is granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Petition for Review is due on November 9, 2016.
10/26/2016Third Motion for Extension of Time to File Petition for Review filed  Third Unopposed Motion for Extension of Time to file Cross - Petition for Review filed on behalf of Carduco, Inc.
10/18/2019Case Stored  e-stored
10/18/2019Mandate issued  Mandate & Cost Bill Issued
10/18/2019Motion for Rehearing - DisposedDenied
10/18/2016Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review filed on behalf of Carduco, Inc. has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition for Review is due on October 26, 2016.
10/18/2016Second Motion for Extension of Time to File Petition for Review filed  Second Unopposed Motion for Extension of Time to file Cross - Petition for Review filed on behalf of Carduco, Inc.
10/15/2018Letter Filed  Letter regarding Nicole Leonard filed on behalf of Mercedes-Benz USA, et al.
10/12/2016Petition for Review  Petition for Review filed on behalf of Mercedes-Benz USA, LLC, et al.
10/11/2017Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Cross-Petitioner's Reply Brief on the Merits granted.  Further requests for extensions of time will be disfavored.  Reply brief is due October 30, 2017.
10/11/2017Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Cross-Petitioner's Reply Brief on the Merits filed on behalf of Carduco, Inc.
10/06/2017Motion 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 October 30, 2017.
10/06/2017Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of Mercedes-Benz USA, et al.
10/02/2017Motion for Extension of Time disposed.Filing granted Third Motion for Extension of Time to file Carduco's Response Brief on the Merits is granted. No further extensions of time will be considered. Carduco's brief is due September 29, 2017; Reply briefs are due October 16, 2017.
09/29/2017Brief on the Merits  Response Brief on the Merits filed on behalf of Carduco, Inc.
09/28/2017Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Mercedes-Benz USA.
09/28/2017Motion for Extension of Time to File Brief filed  Unopposed Third Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Carduco, Inc.
09/21/2017Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Cross-Respondents' Response Brief on the Merits is granted. No further extensions of time will be considered. Respondents' brief is due September 28, 2017; Reply brief is due October 13, 2017.
09/21/2017Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Cross-Respondents' Response Brief on the Merits filed on behalf of Mercedes-Benz USA, LLC, et al.
09/21/2017Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits granted. No further extensions of time will be considered. Respondent's brief is due September 28, 2017; and Reply brief is due October 13, 2017.
09/20/2017Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Carduco, Inc.
08/31/2018Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 4, 2018. Time allotted to argue:  20/20 minutes
08/31/2018Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 4, 2018.  Time allotted to argue:  20/20 minutes
08/31/2018Petition for Review disposedFiling granted
08/31/2018Petition for Review granted 
08/31/2018Petition for Review disposedFiling granted
08/31/2018Petition for Review granted 
08/25/2016Motion 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 Carduco, Inc. has been granted. Petition for Review is due October 19, 2016.
08/25/2016Motion 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 Mercedes-Benz USA, LLC, et al. has been granted. Petition for Review is due October 19, 2016.
08/24/2016Motion 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 Carduco, Inc.
08/24/2016Motion 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 Mercedes-Benz USA, LLC, et al.
08/14/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response brief is due September 21, 2017; Reply brief is due October 6, 2017.
08/14/2017Motion for Extension of Time to File Brief filed  Unopposed Motion to Extend Time to File Cross-Respondents’ Brief on the Merits filed on behalf of Mercedes-Benz USA, LLC, et al.
08/11/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response brief is due September 21, 2017; Reply brief is due October 6, 2017.
08/11/2017Motion for Extension of Time to File Brief filed  Unopposed Motion to Extend Time to File Respondent’s Brief on the Merits filed on behalf of Carduco, Inc.
08/05/2019Supplemental Letter Brief  Supplemental Letter Brief to Motion for Rehearing filed on behalf of Carduco, Inc.
08/02/2017Brief on the Merits  Cross Petitioner's Brief on the Merits filed on behalf of Carduco Inc.
08/02/2017Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Mercedes-Benz USA, et al.
07/06/2017Case Record Filed   Electronic Appellate Record received.
06/26/2017Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Cross-Petitioner's Opening Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Cross-Petitioner's brief is due August 2, 2017; Response brief is due August 22, 2017; Reply brief is due September 6, 2017.
06/26/2017Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Cross-Petitioner's Brief on the Merits filed on behalf of Carduco, Inc.
06/22/2017Letter sent to parties from Supreme Court - See Remarks  Letter sent with corrected dates for briefing schedule.  Petitioner's Brief is due on August 2, 2017. Response Brief is due on August 22, 2017. Reply Brief is due on September 6, 2017.
06/16/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief is due on August 8, 2017. Response Brief is due on August 22, 2017. Reply Brief is due on September 9, 2017.
06/16/2017Motion 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 Mercedes-Benz USA, et al.
06/05/2017Record Requested in Case  Record requested from the 13th COA
06/02/2017Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than July 3, 2017; Response brief due July 24, 2017; Reply brief due August 8, 2017.
05/10/2019Case forwarded to Court 
05/10/2019Motion for Rehearing  Motion for Rehearing filed on behalf of Carduco, Inc.
04/08/2019Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Second Motion for Extension of Time to file Motion for Rehearing is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Motion for Rehearing is due May 10, 2019.
04/08/2019Motion 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 respondent/cross-petitioner, Carduco, Inc.
04/06/2017Reply to Response  Reply in Support of Petition for Review filed on behalf of Mercedes-Benz USA, et al.
03/27/2017Reply to Response  Reply in Support of Petition for Review filed on behalf of Carduco, Inc.
03/22/2017Response to Petition  Response to Petition for Review filed on behalf of Carduco, Inc.
03/17/2017Notice from Counsel of a change in address  Notice of change of address submitted by Hon. Dale Wainwright on behalf of petitioners.
03/09/2017MET to file reply disposed ofFiling granted Carduco's 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 March 27, 2017.
03/09/2017Motion for Extension of Time to File Response disposedFiling granted Carduco's Second Motion for Extension of Time to file Response is granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Response is due March 22, 2017.
03/09/2017Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to File Reply in Support of Cross-Petition for Review filed on behalf of cross-petitioner Carduco, Inc.
03/09/2017Motion 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 respondent Carduco, Inc.
03/05/2019Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to file Motion for Rehearing is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing is due April 10, 2019.
03/04/2019Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of respondent/cross-petitioner, Carduco, Inc.
02/24/2017Response to Petition  Response to Cross Petition for Review filed on behalf of  Mercedes-Benz USA, et al.
02/22/2019Court approved judgment sent to attorneys of recordIssued
02/22/2019Opinion issuedIssued The Court reverses the court of appeals' judgment and renders judgment. Justice Devine delivered the opinion of the Court.
02/22/2019Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses the court of appeals' judgment and renders judgment. Justice Devine delivered the opinion of the Court.

(2/22/2019 3:00:39 PM) 160644.pdf, 16-0644.jmt.pdf
02/10/2017Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Cross Petition for Review is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due March 15, 2017.
02/10/2017Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Cross Petition for Review filed on behalf of Mercedes-Benz USA, LLC, et al.
02/07/2017Motion 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 FOR THIS FILING WILL BE DISFAVORED. Response is due March 15, 2017.
02/07/2017Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Carduco, Inc.
02/01/2019Post submission brief filed  Reply to Post-Submission Brief filed on behalf of Carduco, Inc.
01/19/2017Amicus Curiae Brief received  Amicus Brief of Community Management, LLC in support of Carduco, Inc. submitted by David F. Johnson of Winstead PC of Fort Worth, TX.
01/19/2017Notice from Counsel of a change in address  Notice of Change of Address of Respondent's counsel filed on behalf of Carduco, Inc.
01/13/2017Supreme Court of Texas Requested Response  Requested responses to petitions for review due no later than February 13, 2017.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/18/2019Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Holt, Jack L.PetitionerMr. Joseph R. Knight
Mr. Eduardo Roberto Rodriguez
Mr. Merritt Nathaniel Spencer
Mr. John Alex Huddleston
Mr. Edward Michael Rodriguez  
Mr. Dale Wainwright  
Mr. Thomas Phillips
Mr. Matthew J. Kemner
Mercedes-Benz USA, LLCPetitionerMr. Joseph R. Knight
Mr. Matthew J. Kemner
Mr. Edward Michael Rodriguez  
Mr. Thomas Phillips
Mr. Eduardo Roberto Rodriguez
Mr. Merritt Nathaniel Spencer
Mr. Dale Wainwright  
Mr. John Alex Huddleston
Carduco, Inc.RespondentMr. Peter D. Marketos
Mr. Wallace B. Jefferson  
Mr. Don W. Cruse Jr.
Ms. Susan S. Vance
Ms. Alexandra W. Albright
Mr. Douglas W. Alexander
Ms. LaDawn Nandrasy
Ms. Kirsten M. Castañeda  
Ms. Leslie R. Chaggaris
Oswald, Junior, Frank J.PetitionerMr. Joseph R. Knight
Mr. Thomas Phillips
Mr. Dale Wainwright  
Mr. Matthew J. Kemner
Texas Automobile Dealers AssociationAmicus CuriaeMs. Karen Phillips
Community Management, LLCAmicus CuriaeMr. David F. Johnson
Texas Motorcycle Dealers AssociationAmicus CuriaeMs. Karen Phillips
Texas Recreational Vehicle Association Amicus CuriaeMs. Karen Phillips
Dearing, Craig W.PetitionerMr. Thomas Phillips
Mr. Edward Michael Rodriguez  
Court of Appeals Information:
Aff As Mod 
562 SW3d 451, 03-31-16 
13th Court of Appeals 
Honorable Rogelio Valdez 
Trial Court Information
445th District Court 
Cameron 
Honorable Rene E. De Coss 
2011-DCL-3754-I