Supreme Court

Case: 17-0336    
17-0336
05/02/2017
Petition for Review/Cause under Rule 53.1
CITY OF DENTON 
BRIAN RUSHING, CALVIN PATTERSON AND KEVIN MARSHALL 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/08/2019Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of petitioner, the City of Denton, TX.
06/01/2018Reply BriefPetitioner Reply Brief on the Merits filed on behalf of City of Denton.
05/01/2018Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Brian Rushing, et al.
03/28/2018Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of City of Denton.
11/13/2017Response to PetitionRespondent Response to Petition for Review filed on behalf of Brian Rushing, et al.
07/06/2017Petition for ReviewPetitioner Petition for Review filed on behalf of the City of Denton, Texas.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/27/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of petitioner, the City of Denton, Texas. Oral Argument will be presented by Amy M. Emerson of Allensworth & Porter of Austin, Texas.
12/27/2018Notice of Appearance  Notice of Appearance of Amy M. Emerson as counsel for petitioner, the City of Denton.
12/19/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Brian Rushing, et al. Oral Argument will be presented by Brian T. Cartwright of Alagood Cartwright Burke PC, of Denton, Texas.
11/13/2017Response to Petition  Response to Petition for Review filed on behalf of Brian Rushing, et al.
10/26/2017Notice from attorney regarding vacation dates  Vacation Notice for Jerry E. Drake, counsel for City of Denton.
10/18/2017Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response granted. Further requests for extensions of time will be disfavored. Requested Response is due November 13, 2017.
10/16/2017Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Brian Rushing, et al.
09/22/2017Supreme Court of Texas Requested Response  Requested Response to Petition for Review due no later than October 23, 2017.
08/31/2018Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 9, 2019.  Time allotted to argue:  20/20 minutes
08/31/2018Petition for Review disposedFiling granted
08/31/2018Petition for Review granted 
07/18/2017Case forwarded to Court 
07/11/2017Response Waiver filed  Response Waiver filed on behalf of Brian Rushing, et al.
07/06/2017Petition for Review  Petition for Review filed on behalf of the City of Denton, Texas.
06/05/2017Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Unopposed Motion for Extension of Time to file Petition for Review granted. Further requests for extensions of time will be disfavored. Petition for Review is due July 6, 2017.
06/02/2017Second Motion for Extension of Time to File Petition for Review filed  Second Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of City of Denton.
06/01/2018Reply Brief  Reply Brief on the Merits filed on behalf of City of Denton.
05/02/2017Motion for Extension of Time to File Petition for Review disposedFiling granted Petition for Review due June 6, 2017.
05/02/2017Motion 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 The City of Denton, Texas.
05/01/2018Brief on the Merits  Response Brief on the Merits filed on behalf of Brian Rushing, et al.
04/25/2019Mandate issued  Mandate & Cost Bill Issued
03/28/2018Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of City of Denton.
03/15/2019Court approved judgment sent to attorneys of recordIssued
03/15/2019Opinion 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.
(3/15/2019 4:11:06 PM) 170336.pdf, 17-0336.jmt.pdf
02/21/2018Motion for Extension of Time disposed.Filing granted Motion to Amend Briefing Schedule treated as Motion to Extend Time to file Reply Brief on the Merits granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due June 1, 2018.
02/21/2018Motion for Extension of Time disposed.Filing granted Motion to Amend Briefing Schedule treated as Motion to Extend Time to file Response Brief on the Merits granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due May 1, 2018.
02/21/2018Motion for Extension of Time disposed.Filing granted Motion to Amend Briefing Schedule treated as Motion to Extend Time to file Petitioner's Brief on the Merits granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief is due March 28, 2018.
02/20/2018Motion for Extension of Time to File Brief filed  JOINT Motion to Amend Briefing Schedule treated as Motion to Extend Time to file Reply Brief on the Merits filed on behalf of Petitioner, the City of Denton, Texas, and Respondents Brian Rushing, et al.
02/20/2018Motion for Extension of Time to File Brief filed  JOINT Motion to Amend Briefing Schedule treated as Motion to Extend Time to file Response Brief on the Merits filed on behalf of Petitioner, the City of Denton, Texas, and Respondents Brian Rushing, et al.
02/20/2018Motion for Extension of Time to File Brief filed  JOINT Motion to Amend Briefing Schedule treated as Motion to Extend Time to file Petitioner's Brief on the Merits filed on behalf of Petitioner, the City of Denton, Texas, and Respondents Brian Rushing, et al.
01/31/2018Case Record Filed   Electronic Appellate Record received.
01/29/2018Record Requested in Case  Record requested from the 2nd COA
01/26/2018Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than February 26, 2018; Response brief due March 19, 2018; Reply brief due April 3, 2018.
01/09/2019Oral argument   Argued on behalf of petitioner by Amy M. Emerson; Argued on behalf of respondent by Brian T. Cartwright
01/08/2019Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of petitioner, the City of Denton, TX.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
04/25/2019Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Patterson, CalvinRespondentMr. Brian T. Cartwright
Mr. Samuel B. Burke
Mr. Ryan T. Webster
Mr. R. Scott Alagood
Marshall, KevinRespondentMr. Brian T. Cartwright
Mr. Ryan T. Webster
Mr. Samuel B. Burke
Mr. R. Scott Alagood
City of DentonPetitionerMr. Jerry E. Drake Jr.
Ms. Amy M. Emerson  
Mr. Aaron Leal
Rushing, BrianRespondentMr. Brian T. Cartwright
Mr. R. Scott Alagood
Mr. Samuel B. Burke
Mr. Ryan T. Webster
Court of Appeals Information:
Affirmed  
521 SW3d 88, 03-23-17 
2nd Court of Appeals 
Honorable Sue Walker 
Trial Court Information
362nd District Court 
 
Honorable Robert Bruce McFarling 
15-10369-362