Supreme Court

Case: 17-0666    
17-0666
08/22/2017
Petition for Review/Cause under Rule 53.1
INTERNATIONAL BUSINESS MACHINES CORPORATION 
LUFKIN INDUSTRIES, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/23/2019Response to Motion for RehearingPetitioner Petitioner's Response to Motion for Rehearing filed on behalf of International Business Machines Corp.
04/01/2019Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Lufkin Industries, Inc.
12/05/2018Exhibits in case/cause filedRespondent Respondent's Oral Argument Exhibits filed on behalf of Lufkin Industries, LLC.
12/05/2018Exhibits in case/cause filedPetitioner Petitioner's Oral Argument Exhibits filed on behalf of International Business Machines Corp.
09/11/2018Reply BriefPetitioner Reply Brief on the Merits filed on behalf of International Business Machines Corp.
08/09/2018Fully hyperlinked brief filedRespondent Hyperlinked Response Brief on the Merits filed on behalf of Lufkin Industries, Inc.
08/03/2018Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Lufkin Industries, Inc.
05/16/2018Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of International Business Machines Corporation.
01/02/2018Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of International Business Machines Corp.
11/16/2017Response to PetitionRespondent Response to Petition for Review filed on behalf of Lufkin Industries, Inc.
10/02/2017Petition for ReviewPetitioner Petition for Review filed on behalf of International Business Machines Corporation.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/06/2018Oral argument   Argued on behalf of petitioner by Reagan W. Simpson; Argued on behalf of Murry Cohen
12/05/2018Exhibits in case/cause filed  Respondent's Oral Argument Exhibits filed on behalf of Lufkin Industries, LLC.
12/05/2018Exhibits in case/cause filed  Petitioner's Oral Argument Exhibits filed on behalf of International Business Machines Corp.
11/21/2017MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Petition for Review granted. Further requests for extensions of time will be disfavored. Reply is due January 2, 2018.
11/21/2017Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of International Business Machines Corp.
11/16/2017Response to Petition  Response to Petition for Review filed on behalf of Lufkin Industries, Inc.
11/15/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of International Business Machines Corporation. Oral Argument will be presented by Reagan W. Simpson of Yetter Coleman LLP of Houston, Texas.
11/13/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Lufkin Industries, Inc. Oral Argument will be presented by Murry Cohen of Akin Gump Strauss Hauer & Feld LLP of Houston, Texas.
10/24/2017Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Cross Petition for Review granted. Cross Petition for Review is due November 16, 2017.
10/24/2017Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due November 16, 2017.
10/24/2017Motion for Extension of Time to File Petition for Review #2 filed  Unopposed Motion for Extension of Time to file Cross Petition for Review filed on behalf of Lufkin Industries, Inc.
10/24/2017Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Lufkin Industries, Inc.
10/19/2018Case 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
10/19/2018Petition for Review disposedFiling granted
10/19/2018Petition for Review granted 
10/02/2017Petition for Review  Petition for Review filed on behalf of International Business Machines Corporation.
09/11/2018Reply Brief  Reply Brief on the Merits filed on behalf of International Business Machines Corp.
08/22/2017Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review has been granted. Petition for Review is due on October 2, 2017.
08/22/2017Motion 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 International Business Machines Corporation.
08/10/2018Motion for Extension of Time disposed.Filing granted in part Unopposed Motion for Extension of Time to file Reply Brief on the Merits is granted in part. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply brief is due September 11, 2018.
08/10/2018Motion 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 International Business Machines Corporation.
08/09/2018Fully hyperlinked brief filed  Hyperlinked Response Brief on the Merits filed on behalf of Lufkin Industries, Inc.
08/03/2018Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Lufkin Industries, Inc.
07/02/2019Case Stored  e-stored
06/15/2018Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response brief is due August 3, 2018; Reply brief is due August 20, 2018.
06/15/2018Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Lufkin Industries, Inc.
05/31/2019Mandate issued  Mandate & Cost Bill Issued
05/31/2019Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Blacklock not sitting)
05/25/2018Motion for Extension of Time disposed.Filing granted in part Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits is granted in part. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response brief is due July 5, 2018; Reply brief is due July 20, 2018.
05/24/2018Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Lufkin Industries, Inc.
05/16/2018Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of International Business Machines Corporation.
05/15/2018Pro hac vice motion disposedFiling granted Resident attorney Reagan Simpson's Motion in Support of Paul D. Clement's Motion to Appear Pro Hac Vice granted.
05/15/2018Pro hac vice motion disposedFiling granted Non-resident attorney, Paul D. Clement's Motion to Appear Pro Hac Vice granted.
05/15/2018Pro hac vice motion disposedFiling granted Resident attorney Reagan Simpson's Motion in Support of George W. Hicks Jr.'s Motion to Appear Pro Hac Vice granted.
05/15/2018Pro hac vice motion disposedFiling granted Non-resident attorney, George W. Hicks, Jr.'s Motion to Appear Pro Hac Vice granted.
05/15/2018Pro hac vice motion filed  Resident attorney Reagan Simpson's Motion in Support of Paul D. Clement's Motion to Appear Pro Hac Vice filed on behalf of International Business Machines Corporation.
05/15/2018Pro hac vice motion filed  Non-resident attorney, Paul D. Clement's Motion to Appear Pro Hac Vice filed on behalf of International Business Machines Corporation.
05/15/2018Pro hac vice motion filed  Resident attorney Reagan Simpson's Motion in Support of George W. Hicks Jr.'s Motion to Appear Pro Hac Vice filed on behalf of International Business Machines Corporation.
05/15/2018Pro hac vice motion filed  Non-resident attorney, George W. Hicks, Jr.'s Motion to Appear Pro Hac Vice filed on behalf of International Business Machines Corporation.
04/23/2019Response to Motion for Rehearing  Petitioner's Response to Motion for Rehearing filed on behalf of International Business Machines Corp.
04/12/2018Case Record Filed   Electronic Appellate Record received.
04/08/2019Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than April 23, 2019.
04/03/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of 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 due May 16, 2018; Response Brief due June 5, 2018; Reply Brief is due June 20, 2018.
04/03/2018Motion 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 International Business Machines.
04/01/2019Case forwarded to Court 
04/01/2019Motion for Rehearing  Motion for Rehearing filed on behalf of Lufkin Industries, Inc.
03/19/2018Record Requested in Case  Record requested from the 12th COA
03/16/2018Brief on the Merits Ordered  Brief on the merits requested:  Petitioner brief due no later than April 16, 2018; Response brief due May 7, 2018; Reply brief due May 22, 2018.
03/15/2019Court approved judgment sent to attorneys of recordIssued
03/15/2019Opinion issuedCourt affirms in part and reverses in part CA judgment and remands to trial court The Court affirms in part and reverses in part the court of appeals' judgment, renders judgment in part and remands the case to that court. Justice Boyd delivered the opinion of the Court. (Justice Blacklock not sitting)
01/09/2018Case forwarded to Court 
01/02/2018Reply to Response  Reply to Response to Petition for Review filed on behalf of International Business Machines Corp.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/02/2019Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
International Business Machines Corp.PetitionerMr. Reagan W. Simpson
Mr. R. Paul Yetter
Mr. George W. Hicks, Jr.
Mr. Paul Allen Robbins
Mr. Paul D. Clement
Mr. Marc S. Tabolsky
Lufkin Industries, Inc.RespondentMr. Patrick Gregory O'Brien
Ms. Holli V. Pryor-Baze
Mr. James Robert Wetwiska
Ms. Lauren McLaughlin Black
Mr. Scott C. Skelton
Mr. Murry B. Cohen
Court of Appeals Information:
Aff/Pt and Rev & Ren/Pt 
564 SW3d 15, 07-12-17 
12th Court of Appeals 
Honorable Jim Worthen 
Trial Court Information
159th District Court 
 
Honorable Paul E. White 
CV-02073-13-02