Supreme Court

Case: 17-0405    
17-0405
05/23/2017
Second Petition for Review originally filed as 53.7(f)
LISA HENDERSON, IN HER OFFICIAL CAPACITY AS CITY SECRETARY 
ELIZABETH CARRUTH, MATTHEW TIETZ, JANIS NASSERI, JUDITH KENDLER, AND STEPHEN PALMA 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/07/2019Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of respondents, Elizabeth Carruth, et al.
01/07/2019Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of Lisa Henderson.
11/26/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter received from the Board of Directors and the entire membership of the North Texas Commission.
11/19/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of State of Texas has been Withdrawn.
11/16/2018Motion for Rehearing for pet #2 Rehearing filed in Petition for Review Motion for Rehearing filed on behalf of Elizabeth Carruth, et al.
11/16/2018Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of Lisa Henderson, et al.
06/01/2018Reply BriefEvent related to subsequent petition filed in case. Reply Brief on the Merits filed on behalf of Elizabeth Carruth, et al.
06/01/2018Reply BriefEvent related to first petition filed in case. Reply Brief on the Merits filed on behalf of Lisa Henderson.
05/18/2018Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter of Texas Association of Business in support of petitioner City Secretary of Plano, Texas. Submitted by Robert D. Martinez of Irving, Texas.
05/17/2018Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Elizabeth Carruth, et al.
05/17/2018Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of cross-respondents, City of Plano, et al.
04/27/2018Brief on the MeritsEvent related to subsequent petition filed in case. Petitioners' Brief on the Merits filed on behalf of Elizabeth Carruth, et al.
04/27/2018Brief on the MeritsEvent related to first petition filed in case. Petitioner's Brief on the Merits filed on behalf of Lisa Henderson.
12/14/2017Reply to ResponsePetitioner Reply in Support of Respondents' Cross-Petition for Review filed on behalf of Elizabeth Carruth, et al.
11/21/2017Response to PetitionRespondent Response to Cross-Petition for Review filed on behalf of Lisa Henderson, et al.
11/15/2017Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of the City of Lubbock submitted by Chad Weaver, City Attorney of the City of Lubbock, Texas.
11/08/2017Reply to ResponseEvent related to first petition filed in case. Reply in suppport of Petition for Review filed on behalf of Lisa Henderson, et al.
11/07/2017Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter Brief of Texas Municipal League, Texas City Attorneys Association, American Planning Association, Texas Chapter of the APA, International Municipal Lawyers Association, Plano Chamber of Commerce, the Cities of Amarillo, Arlington, Dallas, Irving,1 Forney, Frisco, El Paso, Sugar Land, Talty, and Waco. Submitted by Scott Houston, General Counsel of TML of Austin, Texas.
08/23/2017Petition for Review #2Event related to subsequent petition filed in case. Respondent's Cross-Petition for Review filed on behalf of Elizabeth Carruth, et al.
08/23/2017Response to PetitionRespondent Response to Petition for Review filed on behalf of Elizabeth Carruth, et al.
07/24/2017Petition for ReviewPetitioner Petition for Review filed on behalf of Lisa Henderson, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/21/2018Supreme Court of Texas Requested Response  Requested responses to both motions for rehearing due no later than January 7, 2019.
12/14/2017Reply to Response  Reply in Support of Respondents' Cross-Petition for Review filed on behalf of Elizabeth Carruth, et al.
11/28/2018Response to Motion filed  Response to State's Motion to Withdraw Amicus Brief filed on behalf of Lisa Henderson, et al.
11/28/2018Motion to withdraw disposed ofFiling granted Motion to Withdraw Amicus Curiae Brief filed on behalf of State of Texas is granted.
11/28/2017Case forwarded to Court 
11/28/2017Case forwarded to Court 
11/26/2018Amicus Curiae Letter Received  Amicus Curiae Letter received from the Board of Directors and the entire membership of the North Texas Commission.
11/21/2017Response to Petition  Response to Cross-Petition for Review filed on behalf of Lisa Henderson, et al.
11/20/2018Motion to Withdraw Filed  Motion to Withdraw Amicus Curiae Brief filed on behalf of State of Texas.
11/20/2018Case forwarded to Court 
11/20/2018Case forwarded to Court 
11/20/2018Call received  Call received from Mr. Hawkins regarding amicus brief.
11/19/2018Amicus Curiae Brief received  Amicus Brief received on behalf of State of Texas has been Withdrawn.
11/16/2018Motion for Rehearing for pet #2   Motion for Rehearing filed on behalf of Elizabeth Carruth, et al.
11/16/2018Motion for Rehearing  Motion for Rehearing filed on behalf of Lisa Henderson, et al.
11/15/2017Amicus Curiae Letter Received  Amicus Curiae Letter of the City of Lubbock submitted by Chad Weaver, City Attorney of the City of Lubbock, Texas.
11/08/2017Reply to Response  Reply in suppport of Petition for Review filed on behalf of Lisa Henderson, et al.
11/07/2017Amicus Curiae Letter Received  Amicus Letter Brief of Texas Municipal League, Texas City Attorneys Association, American Planning Association, Texas Chapter of the APA, International Municipal Lawyers Association, Plano Chamber of Commerce, the Cities of Amarillo, Arlington, Dallas, Irving,1 Forney, Frisco, El Paso, Sugar Land, Talty, and Waco. Submitted by Scott Houston, General Counsel of TML of Austin, Texas.
10/23/2017Motion for Extension of Time to File Response disposedFiling granted Second Opposed 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 NOT BE CONSIDERED. Response is due November 22, 2017.
10/23/2017Electronic communication received from Party  Per Mr. Jack Ternan, the respondent is opposed but will not be filing a response.
10/20/2017Electronic communication sent to Party  Email sent to respondents' counsel, Jack Ternan, inquiring whether a response to the motion will be filed.
10/20/2017Motion for Extension of Time to File Response  Second Opposed Motion for Extension of Time to file Response to Cross-Petition for Review filed on behalf of cross-respondents, City of Plano, et al.
10/12/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second Motion for Extension of Time to file Rehearing granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Motion for Rehearing is due November 16, 2018.
10/11/2018Response to Motion filed  Response to Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of Elizabeth Carruth, et al.
10/10/2018Electronic communication received from Party  Respondent will be filing a response to petitioner's second motion for extension of time to file motion for rehearing.
10/10/2018Electronic communication sent to Party  Email sent to respondents' counsel, Jack Ternan, inquiring whether a response to the second motion to extend time to file rehearing will be filed.
10/10/2018Motion for Extension of Time to File Motion for Rehearing  Second Motion for Extension of Time to file Rehearing filed on behalf of Lisa Henderson, et al.
10/06/2017MET to file reply disposed ofFiling granted Second Motion for Extension of Time to file Reply is granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Reply is due November 8, 2017.
10/04/2017Electronic communication sent to Party  Email sent to counsel for respondents, Mr. Jack Ternan, inquiring whether a response to the second motion for extension of time to file Reply will be filed.
10/04/2017Motion to Extend Time to File Reply filed  Second Opposed Motion for Extension of Time to file a Reply in Support of Petition for Review filed on behalf of Lisa Henderson, et al.
09/13/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Rehearing granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing is due October 17, 2018.
09/13/2018Response to Motion filed  Response to Motion for Extension of Time to file Motion for Rehearing filed on behalf of Elizabeth Carruth, et al.
09/12/2018Electronic communication received from Party  Respondent will be filing a response to petitioner's motion for extension of time to file motion for rehearing.
09/12/2018Electronic communication sent to Party  Email sent to respondents' counsel, Jack Ternan, inquiring whether a response to the motion to extend time to file rehearing will be filed.
09/12/2018Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Rehearing filed on behalf of Lisa Henderson, et al.
09/06/2017Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due on October 23, 2017.
09/06/2017MET 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 October 9, 2017.
09/05/2017Electronic communication received from Party  Email received from counsel for respondents, Mr. Jack Ternan, stating a response to motion for extension of time to file Reply will not be filed.
09/01/2017Electronic communication sent to Party  Email sent to counsel for respondents, Mr. Jack Ternan, inquiring whether a response to the motion for extension of time to file Reply will be filed.
09/01/2017Motion to Extend Time to File Reply filed  Opposed Motion for Extension of Time to file a Reply in Support of Petition for Review filed on behalf of Lisa Henderson, et al.
09/01/2017Electronic communication sent to Party  Emailed counsel for Elizabeth Carruth, et al. to determine if a response to the motion would be filed.
09/01/2017Motion for Extension of Time to File Response  Opposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Lisa Henderson, et al.
08/31/2018Petition for Review disposedDenied
08/31/2018Petition for Review disposedDenied
08/23/2017Petition for Review #2  Respondent's Cross-Petition for Review filed on behalf of Elizabeth Carruth, et al.
08/23/2017Response to Petition  Response to Petition for Review filed on behalf of Elizabeth Carruth, et al.
07/24/2017Petition for Review  Petition for Review filed on behalf of Lisa Henderson, et al.
06/27/2017Second Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time is granted. Petition for Review is due July 24, 2017. Further requests for extensions of time for this filing will not be considered.
06/23/2017Electronic communication received from Party  Respondent will be filing a response to petitioner's second motion for extension of time to file petition for review.
06/23/2017Response to Motion for Extension of Time to File Petition for Review  Response to Second Motion for Extension of Time to file Petition for Review filed on behalf of Elizabeth Carruth, et al.
06/23/2017Electronic communication sent to Party  Email sent to Mr. Ternan to determine is a written response in opposition to the second motion for extension of time to file petition for review will be filed.
06/22/2017Second 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 Lisa Henderson.
06/01/2018Reply Brief  Reply Brief on the Merits filed on behalf of Elizabeth Carruth, et al.
06/01/2018Reply Brief  Reply Brief on the Merits filed on behalf of Lisa Henderson.
05/23/2017Motion for Extension of Time to File Petition for Review disposedFiling granted Petition for Review is due June 23, 2017.
05/23/2017Motion for Extension of Time to File Petition for Review filed  Joint Agreed Motion for Extension of Time to file Petition for Review filed on behalf of Lisa Henderson, et al.
05/18/2018Amicus Curiae Letter Received  Amicus Letter of Texas Association of Business in support of petitioner City Secretary of Plano, Texas. Submitted by Robert D. Martinez of Irving, Texas.
05/17/2018Brief on the Merits  Response Brief on the Merits filed on behalf of Elizabeth Carruth, et al.
05/17/2018Brief on the Merits  Response Brief on the Merits filed on behalf of cross-respondents, City of Plano, et al.
05/10/2019Notice sent to Court of Appeals 
05/10/2019Notice sent to Court of Appeals 
05/10/2019Motion for Rehearing - DisposedDenied
05/10/2019Motion for Rehearing - DisposedDenied
04/27/2018Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Lisa Henderson.
04/27/2018Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Elizabeth Carruth, et al.
03/26/2018Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief is due on April 27, 2018. Respondent's Brief is due on May 17 2018. Reply Brief is due on June 1, 2018.
03/26/2018Response to Motion filed  Response to Henderson's Second Opposed Motion for Extension of Time to file Brief on the Merits filed on behalf of Elizabeth Carruth, et al.
03/26/2018Motion for Extension of Time to File Brief filed  Opposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Lisa Henderson.
02/21/2018Motion for Extension of Time disposed.Filing granted Opposed Motion for Extension of Time to file Petitioners' Briefs on the Merits is granted. Petitioners' briefs are due March 28, 2018. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response briefs are due April 17, 2018; Reply briefs are due May 2, 2018.
02/20/2018Response to Motion filed  Response to Henderson's Opposed Motion for Extension of Time to file Brief on the Merits filed on behalf of Elizabeth Carruth, et al.
02/16/2018Electronic communication sent to Party  Email sent to respondent's counsel inquiring whether a response to the opposed motion will be filed.
02/16/2018Motion for Extension of Time to File Brief filed  Opposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Lisa Henderson.
02/05/2018Case Record Filed   Electronic Appellate Record received.
01/29/2018Record Requested in Case  Record requested from the 5th 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.
01/07/2019Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of respondents, Elizabeth Carruth, et al.
01/07/2019Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Lisa Henderson.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/10/2019Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
The Cities of Amarillo, Arlington, Dallas, Irving,1 Forney, Frisco, El Paso, Sugar Land, Talty, and WacoAmicus CuriaeMr. Scott N. Houston
Texas City Attorneys AssociationAmicus CuriaeMr. Scott N. Houston
Carruth, ElizabethRespondentMr. William A. Brewer III
Mr. Jack George Ternan  
Palma, StephenRespondentMr. Jack George Ternan  
Mr. William A. Brewer III
Texas Municipal LeagueAmicus CuriaeMr. Scott N. Houston
Henderson, Lisa - in her official capacity as City SecretaryPetitionerMs. Paige A. Mims  
Mr. William A. 'Andy' Taylor
Mr. Wallace B. Jefferson  
Mr. Robert J. Davis
Ms. Amy Warr
Mr. Timothy Allen Dunn
Texas Chapter of the APAAmicus CuriaeMr. Scott N. Houston
Ricciardelli, AnthonyPetitionerMs. Paige A. Mims  
Mr. William A. 'Andy' Taylor
Mr. Timothy Allen Dunn
Mr. Robert J. Davis
Mr. Wallace B. Jefferson  
Ms. Amy Warr
Kendler, JudithRespondentMr. William A. Brewer III
Mr. Jack George Ternan  
Texas Association of BusinessAmicus CuriaeMr. Robert D. Martinez
City of Plano, TexasPetitionerMr. Timothy Allen Dunn
Mr. Wallace B. Jefferson  
Mr. William A. 'Andy' Taylor
Mr. Robert J. Davis
Ms. Amy Warr
Ms. Paige A. Mims  
State of TexasAmicus CuriaeMr. Kyle D. Hawkins
Mr. Kristofer S. Monson
Mr. W. Kenneth Paxton
Mr. Jeffrey C. Mateer
Prince, KayciPetitionerMs. Amy Warr
Mr. Robert J. Davis
Ms. Paige A. Mims  
Mr. Timothy Allen Dunn
Mr. Wallace B. Jefferson  
Mr. William A. 'Andy' Taylor
Miner, AngelaPetitionerMs. Amy Warr
Mr. Timothy Allen Dunn
Mr. Wallace B. Jefferson  
Ms. Paige A. Mims  
Mr. Robert J. Davis
Mr. William A. 'Andy' Taylor
Grady, RickPetitionerMs. Amy Warr
Mr. William A. 'Andy' Taylor
Ms. Paige A. Mims  
Mr. Robert J. Davis
Mr. Timothy Allen Dunn
Mr. Wallace B. Jefferson  
American Planning AssociationAmicus CuriaeMr. Scott N. Houston
Larosiliere, HarryPetitionerMr. William A. 'Andy' Taylor
Mr. Robert J. Davis
Ms. Amy Warr
Mr. Timothy Allen Dunn
Mr. Wallace B. Jefferson  
Ms. Paige A. Mims  
Tietz, MatthewRespondentMr. Jack George Ternan  
Mr. William A. Brewer III
Harrison, TomPetitionerMs. Paige A. Mims  
Mr. Robert J. Davis
Mr. Wallace B. Jefferson  
Mr. William A. 'Andy' Taylor
Ms. Amy Warr
Mr. Timothy Allen Dunn
City of LubbockAmicus CuriaeMr. G. Chadwick Weaver
Smith, RickPetitionerMs. Amy Warr
Mr. William A. 'Andy' Taylor
Mr. Wallace B. Jefferson  
Mr. Timothy Allen Dunn
Ms. Paige A. Mims  
Mr. Robert J. Davis
North Texas CommissionAmicus CuriaeMr. Hal T. Thorne
Plano Chamber of CommerceAmicus CuriaeMr. Scott N. Houston
Nasseri, JanisRespondentMr. Jack George Ternan  
Mr. William A. Brewer III
Kelley, RonPetitionerMs. Paige A. Mims  
Mr. Timothy Allen Dunn
Ms. Amy Warr
Mr. Wallace B. Jefferson  
Mr. William A. 'Andy' Taylor
Mr. Robert J. Davis
International Municipal Lawyers AssociationAmicus CuriaeMr. Scott N. Houston
Court of Appeals Information:
Aff/Pt and Dismiss/Pt 
___ SW3d ___, 02-23-17 
5th Court of Appeals 
Honorable Craig Thomas Stoddart 
Trial Court Information
380th District Court 
 
Honorable Benjamin N. Smith 
380-00469-2016