| Date▲▼ | Event Type▲▼ | Disposition▲▼ | Remarks | Document |
| 12/19/2017 | Reply to Response | |
Reply in Support of Petition for Review filed on behalf of Daniel Walker, et al.
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| 12/18/2017 | Reply to Response | |
Reply in Support of Petition for Review filed on behalf of VHSC Cement, LLC, et al.
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| 12/17/2018 | Response to Motion for Rehearing | |
Response to Petitioners' Joint Motion for Rehearing filed on behalf of Texas EMC Management, LLC, et al.
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| 12/04/2017 | Response to Petition | |
Response to VHSC Cement, LLC and Clinton W. ("Buddy") Pike Sr.'s Petition for Review filed on behalf of Texas EMC Management, LLC, et al.
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| 12/04/2017 | Response to Petition | |
Response to Daniel L. Walker, W. Tobin Wilson, and Few Ready Mix Concrete Co.'s Petition for Review filed on behalf of Texas EMC Management LLC, et al.
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| 11/30/2018 | Supreme Court of Texas Requested Response | |
Requested response to motion for rehearing due no later than December 17, 2018.
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| 11/15/2017 | Motion for Extension of Time disposed. | Filing granted |
Motion to Extend Time to File Response is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Requested Response is due December 4, 2017.
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| 11/15/2017 | Motion for Extension of Time to File Response | |
Unopposed Motion for Extension of Time to file Response filed on behalf of Texas EMC Management, LLC, et al.
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| 10/23/2018 | Case forwarded to Court | |
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| 10/20/2017 | Supreme Court of Texas Requested Response | |
Requested responses to petitions for review due no later than November 20, 2017.
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| 10/17/2018 | Motion for Rehearing | |
Joint Motion for Rehearing filed on behalf of Daniel Walker, et al. and VHSC Cement, LLC, et al.
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| 10/17/2018 | Motion for Rehearing | |
JOINT Motion for Rehearing filed on behalf of Daniel L. Walker, et al. and VHSC Cement, LLC, et al.
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| 10/02/2020 | Mandate issued | |
Mandate & Cost Bill Issued
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| 10/02/2020 | Motion for Rehearing - Disposed | Denied |
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| 09/24/2019 | Oral argument | |
Argued on behalf of petitioners by Mark Trachtenberg; Argued on behalf of respondents by Richard B. Phillips, Jr.
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| 09/24/2019 | Oral argument | |
Argued on behalf of petitioners by Mark Trachtenberg; Argued on behalf of respondents by Richard B. Phillips, Jr.
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| 09/23/2019 | Exhibits in case/cause filed | |
Oral Argument Exhibits filed on behalf of Texas EMC Management, LLC, et al.
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| 09/23/2019 | Exhibits in case/cause filed | |
Oral Argument Exhibits filed on behalf of VHSC Cement, LLC, et al.
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| 09/20/2019 | Submission Schedule | |
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| 09/19/2017 | Response Waiver filed | |
Response Waiver to Daniel Walker Petition filed on behalf of Texas EMC Management, LLC, et al.
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| 09/19/2017 | Case forwarded to Court | |
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| 09/19/2017 | Case forwarded to Court | |
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| 09/14/2017 | Petition for Review | |
Petition for Review filed on behalf of Daniel Walker, et al.
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| 09/12/2018 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted |
Joint Motion for Extension of Time to file Motion for Rehearing granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due no later than October 17, 2018.
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| 09/12/2018 | Response to Motion filed | |
Response to Petitioners' Motion for Extension of Time to file Motion for Rehearing filed on behalf of Texas EMC Management, LLC, et al.
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| 09/12/2018 | Call received | |
Counsel for petitioner, Mark Trachtenberg, called the Clerk to inform him that the joint motion for extension of time requests expedited review. The Clerk stated that respondent had informed the Clerk's Office that it would file a written opposition to the motion.
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| 09/12/2018 | Electronic communication received from Party | |
Respondent will be filing a written response in opposition to the joint motion for extension of time to file motion for rehearing by the end of the day.
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| 09/12/2018 | Electronic communication sent to Party | |
Email sent to respondent to determine if a written response in opposition to the motion for extension of time to file motion for rehearing will be filed.
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| 09/11/2018 | Motion for Extension of Time to File Motion for Rehearing | |
Joint Motion for Extension of Time to file Motion for Rehearing filed on behalf of Daniel L. Walker, et al.
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| 08/31/2018 | Petition for Review disposed | Denied |
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| 08/31/2018 | Petition for Review disposed | Denied |
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| 08/28/2019 | Oral Argument Submission Form from Attorney received | |
Oral Argument submission Form submitted of behalf of Texas EMC Management, LLC, et al. Oral Argument will be presented by Richard B. Phillips, Jr. of Thompson & Knight, LLP of Dallas, Texas.
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| 08/27/2019 | Oral Argument Submission Form from Attorney received | |
Oral Argument will be presented by Mark Trachtenberg with Haynes & Boone LLP filed on behalf of VHSC Cement, LLC, et al.
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| 08/24/2017 | Second Motion for Extension of Time to File Petition for Review disposed | Filing granted |
Second Motion to Extend Time to File Petition for Review granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Daniel Walker's Petition for Review is due September 14, 2017.
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| 08/24/2017 | Letter Filed | |
Amended Certificate of Conference for Second Motion for Extension of Time filed on behalf of Daniel Walker, et al.
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| 08/23/2017 | Second Motion for Extension of Time to File Petition for Review filed | |
Second Motion to Extend Time to File Petition for Review filed on behalf of Daniel Walker, et al.
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| 08/19/2019 | Notice of Appearance | |
Notice of Appearance of Richard B. Phillips, Jr. as counsel for Respondent, filed on behalf of Texas EMC Management, LLC, et al.
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| 08/05/2020 | Case forwarded to Court | |
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| 08/05/2020 | Motion for Rehearing | |
Motion for Rehearing filed on behalf of Texas EMC Management, LLC, et al.
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| 08/03/2017 | Response Waiver filed | |
Waiver of Response filed on behalf of Texas EMC Management, LLC, et al.
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| 07/21/2017 | Petition for Review #2 | |
Petition for Review filed on behalf of VHSc Cement, LLC, et al.
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| 07/12/2017 | Motion for Extension of Time to File Petition for Review disposed | Filing granted |
Petition for Review is due August 24, 2017.
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| 07/12/2017 | Motion 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 Daniel L. Walker, et al.
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| 07/01/2020 | Motion for Extension of Time to File Motion for Rehearing disposed | Filing granted |
Motion for Extension of Time to file Motion for Rehearing granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due no later than August 5, 2020.
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| 07/01/2020 | Motion for Extension of Time to File Motion for Rehearing | |
Motion for Extension of Time to file Motion for Rehearing filed on behalf of Texas EMC Management, LLC, et al.
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| 06/28/2019 | Case set for oral argument | Case set for oral argument |
This case has been set for oral argument at 9:00 a.m., September 24, 2019. Time allotted to argue: 20/20 minutes.
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| 06/28/2019 | Petition for Review disposed | Filing granted |
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| 06/28/2019 | Petition for Review granted | |
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| 06/28/2019 | Case set for oral argument | Case set for oral argument |
This case has been set for oral argument at 9:00 a.m., September 24, 2019. Time allotted to argue: 20/20 minutes.
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| 06/28/2019 | Petition for Review disposed | Filing granted |
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| 06/28/2019 | Petition for Review granted | |
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| 06/24/2019 | Notice from attorney regarding vacation dates | |
Vacation Notice of Nina Cortell filed on behalf of VHSC Cement, LLC and Clinton W. (“Buddy”) Pike, Jr.
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| 06/19/2020 | Opinion issued | Court affirms in part, reverses in part and renders court of appeals' judgment |
and renders judgment. Justice Busby delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Blacklock joined, and in Part IV of which Justice Bland joined.
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| 06/19/2020 | Dissenting opinion issued. | Issued |
Justice Bland delivered an opinion dissenting in part.
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| 06/19/2020 | Court approved judgment sent to attorneys of record | Issued |
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| 06/19/2020 | Opinion issued | Issued |
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| 06/12/2020 | Notice from Counsel of a change in address | |
Notice of Change of Address filed on behalf of VHSC Cement, LLC.
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| 06/11/2018 | Reply Brief | |
Reply Brief on the Merits filed on behalf of Daniel L. Walker, et al.
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| 06/11/2018 | Reply Brief | |
Reply Brief on the Merits filed on behalf of VHSC Cement, LLC, et al.
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| 05/31/2018 | Motion for Extension of Time disposed. | Filing granted |
Unopposed Motion for Extension of Time to file Reply Brief on the Merits granted. Further requests for extensions of time will be disfavored. Reply brief is due no later than June 11, 2018.
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| 05/31/2018 | Motion 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 Daniel L. Walker, et al.
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| 05/31/2018 | Motion for Extension of Time disposed. | Filing granted |
Unopposed Motion for Extension of Time to file Reply Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply brief is due June 11, 2018.
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| 05/30/2018 | Motion 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 VHSC Cement, LLC and Clinton W. (“Buddy”) Pike, Sr.
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| 05/17/2018 | Brief on the Merits | |
Respondents' Brief on the Merits filed on behalf of Texas EMC Management, LLC, et al.
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| 04/13/2018 | Miscellaneous motion disposed. See Remarks. | Filing granted |
Unopposed Motion for Leave to file Single Responsive Brief granted
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| 04/13/2018 | Motion for Extension of Time disposed. | Filing granted |
Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits granted. Further requests for extensions of time will be disfavored. Respondents' brief is due no later than May 17, 2018; Reply brief is due June 1, 2018.
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| 04/13/2018 | Miscellaneous Motion | |
Unopposed Motion for Leave to file Single Responsive Brief on the Merits (Incorporated with Motion for Extension of Time to file Respondents' Brief in the Merits) filed on behalf of Texas EMC Management, LLC.
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| 04/13/2018 | Motion for Extension of Time to File Brief filed | |
Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits (Incorporated with Motion for Leave to file a single Responsive Brief) filed on behalf of Texas EMC Management, LLC, et al.
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| 04/12/2019 | Petition Reinstated | |
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| 04/12/2019 | Previous Order of the Court withdrawn | |
Order denying the petition for review on August 31, 2018 is withdrawn. Petition on behalf of VHSC Cement, et al. is reinstated.
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| 04/12/2019 | Motion for Rehearing - Disposed | Filing granted |
Motion for Rehearing, on behalf of VHSC Cement, LLC, et al. granted
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| 04/12/2019 | Petition Reinstated | |
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| 04/12/2019 | Previous Order of the Court withdrawn | |
Order denying the petition for review on August 31, 2018 is withdrawn. Petition on behalf of Daniel L. Walker, et al. is reinstated.
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| 04/12/2019 | Motion for Rehearing - Disposed | Filing granted |
Motion for Rehearing, filed on behalf of Daniel L. Walker, et al., granted
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| 04/05/2019 | Call received | |
Attorneys Charles Frazier and Mark Trachtenberg called the Clerk to point out that the 180 deadline for ruling on the motion for rehearing is approaching. The Clerk reassured counsel that the Court is aware of the deadline. The Clerk stated that he would advise the Administrative Assistant that the parties called about the deadline.
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| 03/28/2018 | Brief on the Merits | |
Petitioners' Brief on the Merits filed on behalf of VHSC Cement, LLC, et al.
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| 03/28/2018 | Brief on the Merits | |
Petitioner's Brief on the Merits filed on behalf of Daniel L. Walker, et al.
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| 02/28/2018 | Case Record Filed | |
Electronic Appellate Record received.
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| 02/23/2018 | Motion for Extension of Time disposed. | Filing granted |
Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits granted. Further requests for extensions of time for this filing will be disfavored. Petitioners' brief is due March 28, 2018; Respondent's brief is due April 17, 2018; and Reply brief is due May 2, 2018.
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| 02/23/2018 | Motion for Extension of Time to File Brief filed | |
Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Daniel L. Walker, et al.
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| 02/20/2018 | Motion for Extension of Time disposed. | Filing granted |
Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Petitioner's brief is due March 28, 2018; Respondent's brief is due April 17, 2018; and Reply brief is due May 2, 2018.
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| 02/20/2018 | Motion 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 VHSC Cement, LLC, et al.
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| 01/29/2018 | Record Requested in Case | |
Record requested from the 10th COA
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| 01/26/2018 | Brief 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.
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| 01/07/2019 | Notice from Counsel of a change in address | |
Notice of Firm Change for Mr. Andy McSwain filed on behalf of W. Tobin Wilson.
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| 01/02/2019 | Reply to Response to Motion for Rehearing filed | |
Joint Reply in Support of Motion for Rehearing filed on behalf of Daniel L. Walker, et al. and VHSC Cement, LLC, et al.
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