Supreme Court

Case: 17-0385    
17-0385
05/15/2017
Petition for Review/Cause under Rule 53.1
RUBEN ALEMAN, M.D. 
TEXAS MEDICAL BOARD 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/27/2019Reply to ResponsePetitioner Reply in support of Motion to Enforce Mandate filed on behalf of Dr. Aleman.
02/26/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of Texas Medical Board Association.
01/28/2019Post submission brief filedPetitioner Petitioner's Post-Submission Brief filed on behalf of Dr. Aleman.
01/18/2019Exhibits in case/cause filedRespondent Oral Argument Bench Book filed on behalf of Texas Medical Board.
06/14/2018Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Ruben Aleman, M.D.
05/25/2018Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Texas Medical Board.
04/23/2018Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Ruben Aleman, M.D.
09/26/2017Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of Ruben Aleman, M.D.
08/28/2017Response to PetitionRespondent Response to Petition for Review filed on behalf of Texas Medical Board.
06/05/2017Petition for ReviewPetitioner Petition for Review filed on behalf of Ruben Aleman, M.D.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
11/07/2018Notice from attorney regarding vacation dates  Ted A. Ross will be out of town February 4-11, 2018, filed on behalf of Texas Medical Board.
11/01/2019Miscellaneous motion disposed. See Remarks.Denied Petitioner's Motion to Enforce Mandate denied
09/27/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Dr. Aleman. Oral Argument will be presented by Ronald G. Hole of Hole & Alvarez, L.L.P. of McAllen, Texas.
09/26/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of respondent, Texas Medical Board. Oral Argument will be presented by Ted A. Ross of the Texas Attorney General's Office.
09/26/2017Reply to Response  Reply to Response to Petition for Review filed on behalf of Ruben Aleman, M.D.
09/14/2018Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., January 22, 2019.  Time allotted to argue:  20/20 minutes
09/14/2018Motion to postpone submission date disposedFiling granted Unopposed Motion to Postpone and Reset Oral Argument granted
09/12/2017MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply to Petition for Review is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply is due September 26, 2017.
09/12/2017Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply to Petition for Review filed on behalf of Ruben Aleman, M.D.
09/04/2018Notice from attorney regarding vacation dates  Ronald G. Hole will be out of office December 1-8, 2018, filed on behalf of Ruben Aleman, M.D.
08/31/2018Motion to postpone submission date filed  Unopposed Motion to Postpone and Reset Oral Argument filed on behalf of Ruben Aleman, M.D.
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 6, 2018. Time allotted to argue: 20/20 minutes
08/31/2018Petition for Review disposedFiling granted
08/31/2018Petition for Review granted 
08/28/2017Response to Petition  Response to Petition for Review filed on behalf of Texas Medical Board.
08/27/2019Reply to Response  Reply in support of Motion to Enforce Mandate filed on behalf of Dr. Aleman.
08/22/2019Response to Motion filed  Response in Opposition of Motion to Enforce Mandate filed on behalf of Texas Medical Board Association.
08/21/2019Electronic communication sent to Party  Email sent to counsel for Respondent to see if a response will be filed to the Opposed Motion to Enforce Mandate.
08/20/2019Miscellaneous Motion  Opposed Motion to Enforce Mandate filed on behalf of Dr. Aleman.
08/14/2018Notice from attorney regarding vacation dates  Vacation Letter of Ted A. Ross filed on behalf of Texas Medical Board.
07/28/2017Supreme Court of Texas Requested Response  Requested Response to Petition for Review due no later than August 28, 2017.
07/11/2019Mandate issued  Mandate & Cost Bill Issued
06/27/2017Case forwarded to Court 
06/23/2017Response Waiver filed  Response Waiver filed on behalf of Texas Medical Board.
06/14/2018Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply brief was filed on June 14, 2018.
06/14/2018Motion 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 Ruben Aleman, M.D.
06/14/2018Reply Brief  Reply Brief on the Merits filed on behalf of Ruben Aleman, M.D.
06/05/2017Petition for Review  Petition for Review filed on behalf of Ruben Aleman, M.D.
05/30/2017Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition for Review is due June 5, 2017.
05/30/2017Electronic communication received from Party  Received email from respondent's counsel stating that the Texas Medical Board does not oppose the requested extension.
05/26/2017Electronic communication sent to Party  Email sent to respondent's counsel to inquire whether respondent opposes the motion for extension of time.
05/26/2017Second Motion for Extension of Time to File Petition for Review filed  Second Motion for Extension of Time to file Petition for Review filed on behalf of Ruben Aleman M.D.
05/25/2018Brief on the Merits  Response Brief on the Merits filed on behalf of Texas Medical Board.
05/24/2019Court approved judgment sent to attorneys of recordIssued
05/24/2019Dissenting opinion issued.Issued Justice Boyd delivered a dissenting opinion.
05/24/2019Concurring Opinion issued.Issued Justice Blacklock delivered a concurring opinion, in which Justice Brown joined.
05/24/2019Opinion issuedCourt affirms in part, reverses in part and renders court of appeals' judgment The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment. Justice Lehrmann delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, and Justice Devine joined, and in which Justice Busby joined except as to footnote 9.
(5/24/2019 3:12:18 PM) 170385d.pdf, 170385c.pdf, 170385.pdf, 17-0385.jmt.pdf
05/16/2017Motion for Extension of Time to File Petition for Review disposedFiling granted Petition for Review is due May 26, 2017.
05/15/2017Motion 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 Ruben Aleman M.D.
05/11/2018Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Respondent's brief is due May 25, 2018; and Reply brief is due June 11, 2018.
05/11/2018Motion for Extension of Time to File Brief filed  First Unopposed Motion for Extension of Time to File Brief filed on behalf of Respondent Texas Medical Board
04/23/2018Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Ruben Aleman, M.D.
04/19/2018Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits granted. No further extensions of time will be considered. Petitioner's brief is due no later than April 23, 2018; Respondent's brief is due May 14, 2018; and Reply brief is due May 29, 2018.
04/18/2018Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Ruben Aleman, M.D.
03/21/2018Case Record Filed   Electronic Appellate record received.
03/19/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief due April 18, 2018; Response Brief due May 8, 2018; Reply Brief due May 23, 2018.
03/19/2018Motion 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 Ruben Aleman MD.
03/06/2018Notice from attorney regarding vacation dates  Vacation Notice for Ted A. Ross, attorney for respondent, Texas Medical Board.
02/26/2019Amicus Curiae Brief received  Amicus Brief received on behalf of Texas Medical Board Association.
02/21/2018Record Requested in Case  Record requested from the 3rd COA
02/16/2018Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief on the merits due no later than March 19, 2018; Response brief due April 9, 2018; Reply brief due April 24, 2018.
01/28/2019Post submission brief filed  Petitioner's Post-Submission Brief filed on behalf of Dr. Aleman.
01/24/2019Case Record Filed   Administrative record received.
01/22/2019Oral argument   Argued on behalf of petitioner by Ronald G. Hole; Argued on behalf of respondent by Ted A. Ross
01/18/2019Exhibits in case/cause filed  Oral Argument Bench Book filed on behalf of Texas Medical Board.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/11/2019Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Medical AssociationAmicus CuriaeMs. Laura Thetford
Mr. Donald P. Wilcox
Ms. Kelly M. Walla
Aleman, M.D., RubenPetitionerMr. Ronald Hole
Texas Medical BoardRespondentMs. Nichole Beth Bunker-Henderson
Mr. Ted A. Ross
Mr. James Edward Davis
Mr. Brantley David Starr
Mr. Jeffrey C. Mateer
Atty. Gen. W. Kenneth Paxton Jr.
Court of Appeals Information:
Affirmed  
565 SW3d 26, 03-02-17 
3rd Court of Appeals 
Honorable Scott K. Field 
Trial Court Information
53rd District Court 
 
Honorable Stephen Yelenosky 
D-1-GN-14-003480