Supreme Court

Case: 16-0851    
16-0851
10/20/2016
Mandamus/Cause
IN RE NORTH CYPRESS MEDICAL CENTER OPERATING CO., LTD. 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/14/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Research & Planning Consultant, LP regarding Discovery submitted by David King, P.M. Schenkkan and Matthew Baumgartner of Graves Dougherty Hearon & Moody P.C.
11/02/2018Amicus Curiae Letter Received  Amicus Curiae letter received on behalf of Guadalupe Regional Medical Center violates  T.R.A.P. Rules 9.2(c)(1), 9.5, and 11 and is struck.
10/24/2018Reply to Response to Motion for Rehearing filedRelator Reply to Motion for Rehearing filed on behalf of North Cypress Medical Center Operating Co., Ltd.
10/17/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Health Resources submitted by R. Brent Cooper, Diana L. Faust, and David H. Jones of Cooper & Scully, P.C.
10/16/2018Amicus Curiae Letter ReceivedReceived (instead of filed) STRUCK - Amicus Curiae letter received on behalf of Guadalupe Regional Medical Center.
10/15/2018Response to Motion for RehearingReal Parties in Interest Response to Motion for Rehearing filed on behalf of Crystal Ann Roberts.
07/16/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief Opposing Motion for Rehearing filed on behalf of Research & Planning Consultants, LP. Submitted by P.M. Schenkkan, Matthew B. Baumgarter and David A. King of Graves Dougherty Hearon & Moody, P.C.
07/13/2018Supplemental Letter BriefAmicus Curiae Supplemental Letter to Amicus Brief filed on behalf of The Texas Hospital Association.
06/29/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Hospital Association. Submitted by Stephen G. Wohleb and Cesar L. Lopez of Austin, Texas.
06/29/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Parkland Health & Hospital System and Hunt Regional Medical Center. Submitted by Douglas Turek, Erin Hartung and Amy Kogan of The Turek Law Firm, P.C. of The Woodlands, Texas.
06/15/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received from Americans for Patient Access.  Submitted by D. Todd Smith with Smith Haley Nobles of Austin, Texas.
06/13/2018Motion for RehearingRelator's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of North Cypress Medical Center Operating Co., Ltd.
06/12/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of Shannon Medical Center submitted by Terry Garrett and Andrew Garrett of Terry J. Garrett & Associates, P.C.
03/22/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of Alliance of Claims Asistance Professionals. Submitted by Charles W. Bailey, Jr.
03/07/2018Additional citations received.Relator Notice of Additional Authority filed on behalf of North Cypress Medical Center Operating Co., Ltd.
12/14/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Letter filed on behalf of Research & Planning Consultants, LP. Submitted by P.M. Schenkkan of Graves Dougherty Hearon & Moody PC of Austin, Texas.
11/08/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of The Fuentes Firm P.C. Submitted by Robert Fuentes of Spring, Texas.
11/03/2017Response to Amicus Curiae Brief filedReal Parties in Interest Real Party in Interest's Brief in Response to Amici Briefs filed on behalf of Crystal Ann Roberts.
11/02/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of The Alliance of Claims Assistance Professionals. Submitted by Charles W. Bailey, Jr. of Law Offices of Charles W. Bailey of Austin, Texas and George A. Nation III of Lehigh University of Bethlehem, Pennsylvania.
05/26/2017Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Memorial Hermann Health Systems. Submitted by Geoffrey Gannaway of Beck Redden LLP of Houston, Texas.
05/24/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of CHRISTUS Health and Texas Health Resources. Submitted by R. Brent Cooper and Diana L. Faust of Cooper & Scully, P.C. of Dallas, Texas.
04/28/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Dallas County Hospital District and Hunt Memorial Hospital District. Submitted by Douglas D. Turek of the Turek Law Firm, P.C. of The Woodlands, Texas.
04/24/2017Reply BriefRelator Reply Brief on the Merits filed on behalf of North Cypress Medical Center Operating Co., Ltd.
04/10/2017Brief on the MeritsReal Parties in Interest Real Party in Interest's Brief on the Merits filed on behalf of Crystal Ann Roberts.
03/20/2017Brief on the MeritsRelator Relator's Brief on the Merits filed on behalf of North Cypress Medical Center Operating Co., Ltd.
12/07/2016Reply to ResponseRelator Reply to Response to Petition for Writ of Mandamus filed on behalf of North Cypress Medical Center Operating Co., Ltd.
12/06/2016Response to Petition for Writ of Mandamus FiledReal Parties in Interest Response to Petition for Writ of Mandamus filed on behalf of Crystal Ann Roberts.
10/20/2016Petition for Writ of Mandamus filedRelator Petition for Writ of Mandamus filed on behalf of North Cypress Medical Center Operating Co., Ltd.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/14/2017Amicus Curiae Brief received  Amicus Curiae Letter filed on behalf of Research & Planning Consultants, LP. Submitted by P.M. Schenkkan of Graves Dougherty Hearon & Moody PC of Austin, Texas.
12/13/2016Case forwarded to Court 
12/07/2016Supplement to Clerk's/Reporter's Record  Supplement to Mandamus Record filed on behalf of North Cypress Medical Center Operating Co., Ltd.
12/07/2016Reply to Response  Reply to Response to Petition for Writ of Mandamus filed on behalf of North Cypress Medical Center Operating Co., Ltd.
12/06/2016Response to Petition for Writ of Mandamus Filed  Response to Petition for Writ of Mandamus filed on behalf of Crystal Ann Roberts.
11/29/2016Supreme Court of Texas Requested Response  Requested response to petition for writ of mandamus due no later than December 9, 2016.
11/29/2016Motion to Stay DisposedDenied Relator's Emergency Motion to Stay denied
11/17/2016Letter Filed  Letter filed on behalf of North Cypress Medical Center Operating Co., Ltd.
11/16/2018Corrected opinionIssued The Court's opinion issued April 27, 2018 is corrected.  The dissenting opinion by Chief Justice Hecht, in which Justice Green and Justice Guzman joined, remains in place.
(11/16/2018 5:30:49 PM) 160851cr.pdf
11/16/2018Motion for Rehearing - DisposedDenied
11/14/2018Amicus Curiae Brief received  Amicus Curiae Brief of Research & Planning Consultant, LP regarding Discovery submitted by David King, P.M. Schenkkan and Matthew Baumgartner of Graves Dougherty Hearon & Moody P.C.
11/09/2017Submission Schedule  Submission Schedule for November 9, 2017.
11/09/2017Oral argument   Argued on behalf of relator by Shelli Morrison; Argued on behalf of real party in interest by R. James Amaro; Argued on behalf of amici curiae by R. Brent Cooper
11/08/2017Electronic communication sent to Party  Email sent to parties regarding updated order of oral argument for November 9, 2017.
11/08/2017Amicus Curiae Brief received  Amicus Brief of The Fuentes Firm P.C. Submitted by Robert Fuentes of Spring, Texas.
11/03/2017Response to Amicus Curiae Brief filed  Real Party in Interest's Brief in Response to Amici Briefs filed on behalf of Crystal Ann Roberts.
11/03/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of amici curiae, CHRISTUS Health and Texas Health Resources. Oral Argument will be presented by R. Brent Cooper of Cooper & Scully, P.C. of Dallas, Texas.
11/02/2018Amicus Curiae Letter ReceivedFiled document is struck by the Court Amicus Curiae letter received on behalf of Guadalupe Regional Medical Center violates  T.R.A.P. Rules 9.2(c)(1), 9.5, and 11 and is struck.
11/02/2017Pro hac vice motion disposedFiling granted Motion of Resident Attorney Charles W. Bailey Jr. in support of George Nation III's Motion for Admission Pro Hac Vice is granted.
11/02/2017Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice of non-resident attorney George Nation, III is granted.
11/02/2017Pro hac vice motion filed  Resident Attorney's Motion in Support of George Nation's Motion Pro Hac Vice filed on behalf of The Alliance of Claims Assistance Professionals.
11/02/2017Pro hac vice motion filed  Motion for Admission Pro Hac Vice of non-resident attorney George Nation, III filed on behalf of amicus curiae, The Alliance of Claims Assistance Professionals.
11/02/2017Amicus Curiae Brief received  Amicus Curiae Brief of The Alliance of Claims Assistance Professionals. Submitted by Charles W. Bailey, Jr. of Law Offices of Charles W. Bailey of Austin, Texas and George A. Nation III of Lehigh University of Bethlehem, Pennsylvania.
11/01/2016Letter Filed  Letter informing the Court that the trial court judge has orally advised the parties that he is granting a continuance of the production deadline until December 1, 2016, filed on behalf of North Cypress Medical Center Operating, Co., Ltd
11/01/2016Phone call from Clerk's Office  Left message for Ms. Morrison. Requested status of emergency motion filed in the trial court.
10/31/2017Letter Filed  Relator's Letter regarding "how they wish to share up to 10 minutes of its oral argument time with the Amici Curiae" filed on behalf of North Cypress Medical Center Operating Co., Ltd.
10/25/2016Motion to Stay Filed   Motion to Stay filed on behalf of N. Cypress Medical Center Operating Co.
10/24/2018Reply to Response to Motion for Rehearing filed  Reply to Motion for Rehearing filed on behalf of North Cypress Medical Center Operating Co., Ltd.
10/20/2017Miscellaneous motion disposed. See Remarks.Filing granted Unopposed Motion to Participate in Oral Argument granted.  The Relator should inform the Court on how they wish to share up to 10 minutes of its oral argument time with the Amici Curiae no later than October 31, 2017
10/20/2016Case Record Filed   Mandamus Record filed on behalf of North Cypress Medical Center Operating Co., Ltd.
10/20/2016Phone call from Clerk's Office  Contacted relator's counsel, Mr. Chad Ruback, to inquire about the trial court's final order. Per Mr. Ruback, he never received the order signed by the judge.
10/20/2016Petition for Writ of Mandamus filed  Petition for Writ of Mandamus filed on behalf of North Cypress Medical Center Operating Co., Ltd.
10/18/2018Phone call from Clerk's Office  Left message with Ms. McCown regarding Amicus Letter, should be filed electronically and conform with TRAP 11.
10/17/2018Amicus Curiae Brief received  Amicus Curiae Brief of Texas Health Resources submitted by R. Brent Cooper, Diana L. Faust, and David H. Jones of Cooper & Scully, P.C.
10/16/2018Amicus Curiae Letter Received  STRUCK - Amicus Curiae letter received on behalf of Guadalupe Regional Medical Center.
10/15/2018Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Crystal Ann Roberts.
10/11/2017Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of real party in interest, Crystal Ann Roberts. Oral Argument will be presented by R. James Amaro of the Amaro Law Firm of Houston, Texas.
10/11/2017Miscellaneous Motion  Unopposed Motion of Christus Health and Texas Health Resources to Participate in Oral Argument as Amici Curiae.
10/11/2017Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Shelli Morrison with The Morrison Law Firm of Athens, Texas, filed on behalf of North Cypress Medical Center Operating Co., Ltd.
09/28/2018Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than October 15, 2018.
07/16/2018Amicus Curiae Brief received  Amicus Curiae Brief Opposing Motion for Rehearing filed on behalf of Research & Planning Consultants, LP. Submitted by P.M. Schenkkan, Matthew B. Baumgarter and David A. King of Graves Dougherty Hearon & Moody, P.C.
07/13/2018Supplemental Letter Brief  Supplemental Letter to Amicus Brief filed on behalf of The Texas Hospital Association.
06/30/2017Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., November 9, 2017.  Time allotted to argue:  20/20 minutes
06/29/2018Amicus Curiae Brief received  Amicus Curiae Brief of Parkland Health & Hospital System and Hunt Regional Medical Center. Submitted by Douglas Turek, Erin Hartung and Amy Kogan of The Turek Law Firm, P.C. of The Woodlands, Texas.
06/29/2018Amicus Curiae Brief received  Amicus Curiae Brief of Texas Hospital Association. Submitted by Stephen G. Wohleb and Cesar L. Lopez of Austin, Texas.
06/23/2017Mandamus Set to Argue 
06/23/2017Petition for Writ of Mandamus disposedCase set for oral argument The date and time for oral argument are yet to be determined.
06/15/2018Amicus Curiae Brief received  Amicus Curiae Brief received from Americans for Patient Access.  Submitted by D. Todd Smith with Smith Haley Nobles of Austin, Texas.
06/13/2018Case forwarded to Court 
06/13/2018Motion for Rehearing  Motion for Rehearing filed on behalf of North Cypress Medical Center Operating Co., Ltd.
06/12/2018Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of Shannon Medical Center submitted by Terry Garrett and Andrew Garrett of Terry J. Garrett & Associates, P.C.
06/06/2018Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice of Andrew H. Garrett is granted.
06/06/2018Pro hac vice motion disposedFiling granted Motion of resident attorney Terry J. Garrett in Support of Andrew H. Garrett's Motion Pro Hac Vice is granted.
06/05/2018Pro hac vice motion filed  Resident Attorney's Motion in Support of Andrew H. Garrett's Motion Pro Hac Vice filed on behalf of Shannon Medical Center.
06/05/2018Pro hac vice motion filed  Motion for Admission Pro Hac Vice of non-resident attorney Andrew H. Garrett filed on behalf of amicus curiae, Shannon Medical Center.
05/26/2017Amicus Curiae Letter Received  Amicus Curiae Letter of Memorial Hermann Health Systems. Submitted by Geoffrey Gannaway of Beck Redden LLP of Houston, Texas.
05/24/2017Amicus Curiae Brief received  Amicus Curiae Brief of CHRISTUS Health and Texas Health Resources. Submitted by R. Brent Cooper and Diana L. Faust of Cooper & Scully, P.C. of Dallas, Texas.
05/07/2018Motion 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 June 13, 2018.
05/04/2018Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of North Cypress Medical Center Operating Co., Ltd.
04/28/2017Amicus Curiae Brief received  Amicus Curiae Brief of Dallas County Hospital District and Hunt Memorial Hospital District. Submitted by Douglas D. Turek of the Turek Law Firm, P.C. of The Woodlands, Texas.
04/27/2018Dissenting opinion issued.Issued Chief Justice Hecht delivered a dissenting opinion, in which Justice Green and Justice Guzman joined.
04/27/2018Opinion issuedCase denied with opinion The Court denies the petition for writ of mandamus.  Justice Lehrmann delivered the opinion of the Court, in which Justice Johnson, Justice Boyd, Justice Devine, Justice Brown, and Justice Blacklock joined.
(4/27/2018 1:21:09 PM) 160851d.pdf, 160851.pdf
04/24/2017Reply Brief  Reply Brief on the Merits filed on behalf of North Cypress Medical Center Operating Co., Ltd.
04/10/2017Brief on the Merits  Real Party in Interest's Brief on the Merits filed on behalf of Crystal Ann Roberts.
03/22/2018Amicus Curiae Letter Received  Amicus Letter of Alliance of Claims Asistance Professionals. Submitted by Charles W. Bailey, Jr.
03/20/2017Brief on the Merits  Relator's Brief on the Merits filed on behalf of North Cypress Medical Center Operating Co., Ltd.
03/14/2018Letter Filed  Letter in Response to Relator North Cypress' Notice of Additional Authority filed on behalf of Real Party In Interest Crystal Ann Roberts.
03/07/2018Additional citations received.  Notice of Additional Authority filed on behalf of North Cypress Medical Center Operating Co., Ltd.
02/17/2017Brief on the Merits Ordered  Brief on the merits requested: Relator's brief due no later than March 20, 2017; Response brief due April 10, 2017; Reply brief due April 25, 2017.
01/10/2019Certified cys of cost bill sent to attys of record  Cost Bill Issued
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/10/2019Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Hospital AssociationAmicus CuriaeMr. Stephen G. Wohleb
Mr. Cesar J. Lopez
Memorial Hermann Health SystemAmicus CuriaeMr. Geoffrey A. Gannaway  
The Alliance of Claims Assistance ProfessionalsAmicus CuriaeMr. George Nation III
Charles W. Bailey Jr.
North Cypress Medical Center Operating Co., Ltd.RelatorMs. Shelli M.J. Morrison
Mr. Chad M. Ruback
Mr. Byron Kelley
Dallas County Hospital District d/b/a Amici Health and Hospital System and Hunt Memorial Hospital District d/b/a Hunt Regional Medical CenterAmicus CuriaeErin Ruth Hartung
Mr. Douglas D. Turek
Ms. Amy Kogan
Americans for Patient AccessAmicus CuriaeMr. D. Todd Smith
Guadalupe Regional Medical CenterAmicus CuriaeElizabeth McCown
Hunt Regional Medical CenterAmicus CuriaeErin Ruth Hartung
Mr. Douglas D. Turek
Ms. Amy Kogan
Shannon Medical CenterAmicus CuriaeMr. Andrew H. Garrett
Terry J. Garrett
Andrew Garrett
Parkland Health & Hospital SystemAmicus CuriaeMs. Amy Kogan
Erin Ruth Hartung
Mr. Douglas D. Turek
Roberts, Crystal AnnReal Party in Interest Mr. R. James Amaro Jr.
The Fuentes Firm, P.C.Amicus CuriaeMr. Juan Roberto Fuentes  
CHRISTUS Health and Texas Health ResourcesAmicus CuriaeMs. Diana L. Faust
Mr. R. Brent Cooper
Research & Planning Consultants, LPAmicus CuriaeMr. David A. King
Mr. P. M. Schenkkan
Mr. Matthew Baumgartner
Texas Health ResourcesAmicus CuriaeMs. Diana L. Faust
Mr. R. Brent Cooper
Mr. David H. Jones
Court of Appeals Information:
Denied 
___ SW3d ___, 10-20-16 
14th Court of Appeals 
Honorable Per Curiam 
Trial Court Information
234th District Court 
Harris 
Honorable Wesley R. Ward 
2016-17517