Supreme Court

Case: 17-0730    
17-0730
09/07/2017
Petition for Review/Cause under Rule 53.1
THE UNIVERSITY OF TEXAS M.D. ANDERSON CANCER CENTER 
LANCE MCKENZIE, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF COURTNEY MCKENZIE-THUE (DECEASED), AND DEBORAH DIVER, INDIVIDUALLY AND AS NEXT FRIEND OF J.O., A MINOR 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
05/08/2019Post submission brief filedPetitioner Post Submission Letter Brief regarding recent cases filed on behalf of University of Texas M.D. Anderson Cancer Center.
07/20/2018Reply BriefPetitioner Reply Brief on the Merits filed on behalf of The University of Texas M.D. Anderson Cancer Center.
07/05/2018Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Lance McKenzie, et al.
05/16/2018Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of University of Texas M.D. Anderson Cancer Center.
01/22/2018Response to PetitionRespondent Response to Petition for Review filed on behalf of Lance McKenzie, et al.
10/18/2017Petition for ReviewPetitioner Petition for Review filed on behalf of The University of Texas M.D. Anderson Cancer Center ("UTMDACC").
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/22/2017Supreme Court of Texas Requested Response  Requested Response to Petition for Review due January 22, 2018.
12/14/2018Case set for oral argumentCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., February 19, 2019.  Time allotted to argue:  20/20 minutes
12/07/2018Submission resetThe date and time for oral argument are yet to be determined. The date and time for oral argument are yet to be determined.
12/05/2018Oral Argument Cancelled  Causes to be reset at a date to be determined.
11/21/2017Case forwarded to Court 
11/20/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of respondent, Lance McKenzie. Oral Argument will be presented by Peter M. Kelly of Kelly, Durham & Pittard, LLP of Houston.
11/19/2018Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of University of Texas M.D. Anderson Cancer Center. Oral Argument will be presented by John C. Sullivan of the Office of the Texas Attorney General.
10/18/2017Petition for Review  Petition for Review filed on behalf of The University of Texas M.D. Anderson Cancer Center ("UTMDACC").
09/11/2018Notice of Appearance  Notice of Appearance of Solicitor General, Kyle Hawkins, replacing Scott Keller.
09/07/2017Motion for Extension of Time to File Petition for Review disposedFiling granted Petition for Review is due October 18, 2017.
09/07/2017Motion 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 University of Texas M.D. Anderson Cancer Center.
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 5, 2018.  Time allotted to argue:  20/20 minutes
08/31/2018Petition for Review disposedFiling granted
08/31/2018Petition for Review granted 
08/06/2019Mandate issued  Mandate & Cost Bill Issued
07/20/2018Reply Brief  Reply Brief on the Merits filed on behalf of The University of Texas M.D. Anderson Cancer Center.
07/05/2018Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Lance McKenzie, et al.
06/28/2019Court approved judgment sent to attorneys of recordIssued
06/28/2019Dissenting opinion issued.Issued
06/28/2019Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment.  Justice Lehrmann delivered the opinion of the Court, in which Justice Guzman, Justice Boyd, Justice Devine, and Justice Blacklock joined. (Justice Busby not sitting)
(6/28/2019 6:20:21 PM) 170730d.pdf, 170730.pdf, 17-0730.jmt.pdf
06/06/2018Supplement to Motion filed  Supplement to Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Lance McKenzie, et al.
06/06/2018Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Response Brief on the Merits is granted. 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.
06/06/2018Electronic communication sent to Party  Email sent to petitioner's counsel inquiring whether the motion is opposed or unopposed.
06/05/2018Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Lance McKenzie, et al.
05/21/2019Letter Filed  Letter in response to Post-Submission Brief filed on behalf of Lance McKenzie, et al.
05/16/2018Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of University of Texas M.D. Anderson Cancer Center.
05/08/2019Post submission brief filed  Post Submission Letter Brief regarding recent cases filed on behalf of University of Texas M.D. Anderson Cancer Center.
04/20/2018Notice of Appearance  Notice of Appearance of Peter M. Kelly and Dana Levy on behalf of respondents Lance McKenzie, et al.
04/16/2018Case Record Filed   Electronic Appellate Record received.
04/10/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief on the Merits is due on May 16, 2018. Respondent's Brief is due on June 5, 2018. Reply Brief is due on June 20, 2018.
04/09/2018Motion 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 University of Texas M.D. Anderson Cancer Center.
04/06/2018Designation of Lead Counsel   Designation of John C. Sullivan as Lead Counsel for Petitioner, University of Texas M.D. Anderson Cancer Center.
03/19/2018Record Requested in Case  Record requested from the 14th 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.
02/19/2019Oral argument   Argued on behalf of petitioner by John C. Sullivan; Argued on behalf of respondents by Kirk Pittard
02/08/2019Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of respondent, Lance McKenzie. Oral Argument will be presented by Kirk Pittard of Durham, Pittard & Spalding, LLP of Houston.
01/22/2018Response to Petition  Response to Petition for Review filed on behalf of Lance McKenzie, et al.
01/09/2019Designation of Lead Counsel   Designation of Kirk Pittard as Lead Counsel for Respondent in Substitution for Peter Kelly filed on behalf of Lance McKenzie, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/06/2019Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
University of Texas M.D. Anderson Cancer CenterPetitionerMs. Kara Lynne Kennedy
Mr. James Edward Davis
Mr. Kyle D. Hawkins
Atty. Gen. W. Kenneth Paxton Jr.
Mr. John C. Sullivan
Mr. Brantley David Starr
Mr. Jeffrey C. Mateer
Mr. Kevin Desiderio Molina
Deborah Diver, Individually and As Next Friend of J.O., a minorRespondentMr. Kirk L. Pittard
Ms. Dana Levy
Ms. Susan Leigh Vanostrand Fuller
Mr. Allan R. Brain
Lance McKenzie, Individually and as Representative of the Estate of Courtney McKenzie-Thue (Deceased)RespondentMs. Dana Levy
Mr. Allan R. Brain
Mr. Kirk L. Pittard
Ms. Susan Leigh Vanostrand Fuller
Court of Appeals Information:
Affirmed  
529 SW3d 177, 08-03-17 
14th Court of Appeals 
Honorable Kevin D. Jewell 
Trial Court Information
165th District Court 
 
Honorable Debra Ibarra Mayfield 
2013-74868