Supreme Court

Case: 17-0020    
17-0020
01/09/2017
Mandamus/Cause
IN RE CITY OF DICKINSON 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/02/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the Association of Corporate Counsel and the International Association of Defense Counsel. Submitted by E. Todd Presnell and Jessica Jernigan-Johnson of Nashville, Tennessee and James A. Collura of Houston, Texas.
09/19/2018Post submission brief filedRelator Response to Post-Submission Brief filed on behalf of City of Dickinson.
09/13/2018Post submission brief filedReal Parties in Interest Real Party in Interest Post-Submission Brief filed on behalf of Texas Windstorm Insurance Association.
09/10/2018Exhibits in case/cause filedReal Parties in Interest Oral Argument Exhibits filed on behalf of Texas Windstorm Insurance Association.
09/06/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Alliance for Patient Access. Submitted by R. Brent Cooper, Diana L. Faust and David H. Jones of Cooper & Scully, P.C. of Dallas, Texas.
09/05/2018Supplemental appendix Real Parties in Interest Supplemental Appendix filed on behalf of Texas Windstorm Insurance Association.
12/06/2017Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Association of Defense Counsel in support of Real Party in Interest, Texas Windstorm Insurance Association, submitted by Roger W. Hughes of Adams & Graham, LLP of Harlingen.
10/30/2017Reply BriefRelator Reply Brief on the Merits filed on behalf of City of Dickinson.
10/13/2017Brief on the MeritsReal Parties in Interest Real Party in Interest's Brief on the Merits filed on behalf of Texas Windstorm Insurance Association.
07/24/2017Waiver of Brief on the MeritsRelator Letter filed on behalf of City of Dickinson waiving Petitioner's Brief on the Merits.
04/24/2017Reply to Petition for Writ of MandamusRelator Reply in support of Writ of Mandamus filed on behalf of City of Dickinson.
04/06/2017Redrafted response to petition filedReal Parties in Interest Amended Response to Petition for Writ of Mandamus filed on behalf of Texas Windstorm Insurance Association.
03/28/2017Response to Petition for Writ of Mandamus Filed** See Remarks Response to Petition for Writ of Mandamus filed on behalf of Texas Windstorm Insurance Association has been struck. Real Party in Interest is ordered to redraw - Response is due to be filed by April 7, 2017.
03/20/2017Response to Petition for Writ of Mandamus FiledReal Parties in Interest Response to Petition for Writ of Mandamus filed on behalf of Texas Windstorm Insurance Association.
01/09/2017Petition for Writ of Mandamus filedRelator Petition for Writ of Mandamus filed on behalf of City of Dickinson.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/06/2017Amicus Curiae Brief received  Amicus Brief of Texas Association of Defense Counsel in support of Real Party in Interest, Texas Windstorm Insurance Association, submitted by Roger W. Hughes of Adams & Graham, LLP of Harlingen.
10/30/2017Reply Brief  Reply Brief on the Merits filed on behalf of City of Dickinson.
10/13/2017Supplement to Clerk's/Reporter's Record  Supplemental Record filed on behalf of Texas Windstorm Insurance Association.
10/13/2017Brief on the Merits  Real Party in Interest's Brief on the Merits filed on behalf of Texas Windstorm Insurance Association.
10/05/2018Pro hac vice motion disposedFiling granted Motion to Appear Pro Hac Vice of E. Todd Presnell is granted.
10/05/2018Pro hac vice motion disposedFiling granted Motion of Texas Attorney in Support of Motion to Appear Pro Hac Vice of E. Todd Presnell is granted.
10/05/2018Pro hac vice motion disposedFiling granted Motion to Appear Pro Hac Vice of Jessica Jernigan-Johnson is granted.
10/05/2018Pro hac vice motion disposedFiling granted Motion of Texas Attorney in Support of the Motion to Appear Pro Hac Vice of Jessica Jernigan-Johnson is granted.
10/03/2018Electronic communication sent to Party  Email sent to relator and real party's counsel inquiring whether motions to appear pro hac vice are opposed or unopposed.
10/02/2018Amicus Curiae Brief received  Amicus Curiae Brief of the Association of Corporate Counsel and the International Association of Defense Counsel. Submitted by E. Todd Presnell and Jessica Jernigan-Johnson of Nashville, Tennessee and James A. Collura of Houston, Texas.
10/02/2018Pro hac vice motion filed  Motion of Texas Attorney in Support of the Motion to Appear Pro Hac Vice of Jessica Jernigan-Johnson filed on behalf of amicus curiae, International Association of Defense Counsel and Association of Corporate Counsel.
10/02/2018Pro hac vice motion filed  Motion of Texas Attorney in Support of the Motion to Appear Pro Hac Vice of E. Todd Presnell filed on behalf of amicus curiae, International Association of Defense Counsel and Association of Corporate Counsel.
10/02/2018Pro hac vice motion filed  Motion to Appear Pro Hac Vice of Jessica Jernigan-Johnson filed on behalf of amicus curiae, International Association of Defense Counsel and Association of Corporate Counsel.
10/02/2018Pro hac vice motion filed  Motion to Appear Pro Hac Vice of E. Todd Presnell filed on behalf of amicus curiae, International Association of Defense Counsel and Association of Corporate Counsel.
09/19/2018Post submission brief filed  Response to Post-Submission Brief filed on behalf of City of Dickinson.
09/13/2018Post submission brief filed  Real Party in Interest Post-Submission Brief filed on behalf of Texas Windstorm Insurance Association.
09/12/2018Oral argument   Argued on behalf of relator by J.B. (Trey) Henderson III; Argued on behalf of real party in interest by James ("Jay") R. Old, Jr.
09/11/2017Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Realt Party in Interest's Brief on the Merits granted. No further extensions of time will be considered. Real Party in Interest's brief is due October 13, 2017; and Reply brief is due October 30, 2017.
09/11/2017Call received  Spoke with real party in interest on how to resubmit second motion for extension of time to file brief on the merits.
09/10/2018Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Texas Windstorm Insurance Association.
09/08/2017Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Real Party in Interest's Brief on the Merits filed on behalf of Texas Windstorm Ins. Ass'n.
09/07/2018Submission Schedule  Submission Schedule for September 12, 2018.
09/06/2018Amicus Curiae Brief received  Amicus Curiae Brief of Texas Alliance for Patient Access. Submitted by R. Brent Cooper, Diana L. Faust and David H. Jones of Cooper & Scully, P.C. of Dallas, Texas.
09/05/2018Supplemental appendix   Supplemental Appendix filed on behalf of Texas Windstorm Insurance Association.
08/15/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of relator, City of Dickinson. Oral Argument will be presented by J. B. (Trey) Henderson III of Doyle Restrepo Harvin & Robbins, LLP of Houston, TX.
08/15/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Texas Windstorm Insurance Association. Oral Argument will be presented by James Old of Hicks Thomas LLP of Beaumont, Texas.
08/10/2017Motion 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 13, 2017; Reply Brief is due September 28, 2017.
08/10/2017Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Brief on the Merits filed on behalf of Texas Windstorm Insurance Association.
08/01/2017Call received  Call received from attorney for real party in interest regarding the letter filed on July 27, 2017.
07/31/2017Phone call from Clerk's Office  Call made to respondent regarding the letter filed on July 27, 2017.
07/27/2017Letter Filed  Letter responding to City of Dickinson's Brief Waiver filed on behalf of Texas Windstorm Insurance Association.
07/24/2017Waiver of Brief on the Merits  Letter filed on behalf of City of Dickinson waiving Petitioner's Brief on the Merits.
06/29/2018Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 12, 2018. Time allotted to argue:  20/20 minutes
06/26/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Relator's Brief on the Meritis is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Relator's Brief is due July 24, 2017; Response Brief is due August 14, 2017; Reply Brief is due August 29, 2017.
06/26/2017Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Relator's Brief on the Merits filed on behalf of City of Dickinson.
06/22/2018Mandamus Set to Argue 
06/22/2018Petition for Writ of Mandamus disposedCase set for oral argument The date and time for oral argument are yet to be determined.
06/02/2017Brief on the Merits Ordered  Brief on the merits requested:  Relator's brief due no later than July 3, 2017; Response brief due July 24, 2017; Reply brief due August 8, 2017.
04/24/2017Reply to Petition for Writ of Mandamus  Reply in support of Writ of Mandamus filed on behalf of City of Dickinson.
04/07/2017Motion to file document(s) sealed by the Court disposed.Filing granted Unopposed Motion to Seal Records granted
04/06/2017Redrafted response to petition filed  Amended Response to Petition for Writ of Mandamus filed on behalf of Texas Windstorm Insurance Association.
03/28/2019Certified cys of cost bill sent to attys of record  Cost Bill Issued
03/28/2017Motion to Exceed Word Limit disposedDenied Amended Motion to Exceed Word Limits has been denied.
03/28/2017Letter sent to parties from Supreme Court - See Remarks  The response violates Texas Rule of Appellate Procedure 9.4(i)(2)(D) and is struck. Real Party in Interest is ordered to redraw; the redrawn response is due to be filed April 7, 2017.
03/28/2017Response to Petition for Writ of Mandamus FiledFiled document is struck by the Court Response to Petition for Writ of Mandamus filed on behalf of Texas Windstorm Insurance Association has been struck. Real Party in Interest is ordered to redraw - Response is due to be filed by April 7, 2017.
03/28/2017Motion to file document(s) sealed by the Court filed  Unopposed Motion to Seal Records filed on behalf of Texas Windstorm Insurance Association.
03/24/2017Phone call from Clerk's Office  Contacted Mr. McKinney to inform him that we received his CD containing sealed records, and requested him to file a motion to seal.
03/22/2017Sealed document filed in case  Sealed & Privileged Records (Exhibit 3A) submitted in a CD by attorney Andrew T. McKinney IV, on behalf of Texas Windstorm Insurance Association.
03/21/2017Response to Motion filed  Response in Opposition to Motion to Exceed Word Limits filed on behalf of City of Dickinson.
03/21/2017Amendment to Motion filed   AMENDED Motion to Exceed Word Limits filed on behalf of Texas Windstorm Insurance Association.
03/20/2017Correction filed (See Remarks)  CORRECTED Response to Petition for Writ of Mandamus filed on behalf of Texas Windstorm Insurance Association.
03/20/2017Motion to Exceed Word Limit  Motion to Exceed Word Limits filed on behalf of Texas Windstorm Insurance Association.
03/20/2017Response to Petition for Writ of Mandamus Filed  Response to Petition for Writ of Mandamus filed on behalf of Texas Windstorm Insurance Association.
02/17/2017Supreme Court of Texas Requested Response  Requested response to petition for writ of mandamus due no later than March 20, 2017.
02/15/2019Opinion issuedDenied The Court denies the petition for writ of mandamus.  Justice Devine delivered the opinion of the Court.
(2/15/2019 5:39:27 PM) 170020.pdf
01/24/2017Response Waiver filed  Response Waiver filed on behalf of Texas Windstorm Insurance Association.
01/17/2017Case forwarded to Court 
01/09/2017Case Record Filed   Mandamus Record filed on behalf of City of Dickinson.
01/09/2017Petition for Writ of Mandamus filed  Petition for Writ of Mandamus filed on behalf of City of Dickinson.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
03/28/2019Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Alliance for Patient AccessAmicus CuriaeMr. R. Brent Cooper
Mr. David H. Jones
Ms. Diana L. Faust
The International Association of Defense CounselAmicus CuriaeMr. James A. Collura Jr.
Mr. E. Todd Presnell
Ms. Jessica Jernigan-Johnson
Texas Association of Defense CounselAmicus CuriaeMr. Roger W. Hughes
Texas Osteopathic Medical AssociationAmicus CuriaeMr. R. Brent Cooper
Mr. David H. Jones
Ms. Diana L. Faust
Texas Windstorm Insurance AssociationReal Party in Interest Mr. Tory F. Taylor
Mr. James R. Old Jr.
Mr. David P. Salyer
Ms. Kim Edwards Cooper
Mr. Andrew T. McKinney IV
Ms. Cynthia Colette Watkins
Texas Hospital AssociationAmicus CuriaeMr. R. Brent Cooper
Mr. David H. Jones
Ms. Diana L. Faust
Texas Medical AssociationAmicus CuriaeMr. R. Brent Cooper
Mr. David H. Jones
Ms. Diana L. Faust
The Association of Corporate CounselAmicus CuriaeMs. Jessica Jernigan-Johnson
Mr. E. Todd Presnell
Mr. James A. Collura Jr.
City of DickinsonRelatorMr. Zachary Brennan DesAutels
Mr. Christopher J. Leavitt
Mr. Shaun Wesley Hodge
Mr. Joe Boyd 'Trey' Henderson III
Mr. James Eloi Doyle  
Mr. Anthony G. Buzbee
Court of Appeals Information:
Cond Granted 
549 SW3d 592, 12-13-16 
14th Court of Appeals 
Honorable Marc W. Brown 
Trial Court Information
122nd District Court 
Galveston 
Honorable Lonnie Cox 
12CV2013