Supreme Court

Case: 17-0840    
17-0840
10/12/2017
Second Petition for Review/Cause under Rule 53.1
TIME WARNER CABLE TEXAS LLC AND PUBLIC UTILITY COMMISSION OF TEXAS 
CPS ENERGY AND SOUTHWESTERN BELL TELEPHONE COMPANY D/B/A AT&T TEXAS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/17/2019Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of CPS Energy.
11/13/2018Corrected BriefRespondent Second Corrected Response Brief on the Merits filed on behalf of CPS Energy, et al.
11/12/2018Corrected BriefRespondent Corrected Response Brief on the Merits filed on behalf of CPS Energy, et al.
09/28/2018Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Time Warner Cable Texas LLC.
09/28/2018Reply BriefEvent related to subsequent petition filed in case. Reply Brief on the Merits filed on behalf of the Public Utility Commission of Texas.
09/05/2018Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of CPS Energy, et al.
08/22/2018Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Southwestern Bell Telephone Company.
07/23/2018Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Public Utility Commission of Texas.
07/23/2018Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Time Warner Cable Texas LLC.
05/03/2018Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Time Warner Cable Texas LLC.
04/18/2018Response to PetitionRespondent Response to TWC and PUC Petitions for Review filed on behalf of CPS Energy, et al.
03/19/2018Response to PetitionRespondent Response to Petition for Review filed on behalf of AT&T Texas.
01/19/2018Fully hyperlinked brief filedPetitioner Hyperlinked version of previously filed Petition for Review, on behalf of Time Warner Cable Texas LLC.
12/15/2017Petition for Review #2Event related to subsequent petition filed in case. Petition for Review filed on behalf of Public Utility Commission of Texas.
12/15/2017Response to PetitionRespondent Response to Petition for Review filed on behalf of CPS Energy.
11/15/2017Petition for ReviewPetitioner Petition for Review filed on behalf of Time Warner Cable Texas LLC
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/20/2019Letter sent to parties from Supreme Court - See Remarks  Letter sent to parties with a slight revision to the opinion issued May 17, 2019.  
(12/20/2019 3:54:13 PM) 17-0840.pdf
12/15/2017Petition for Review #2  Petition for Review filed on behalf of Public Utility Commission of Texas.
12/15/2017Response to Petition  Response to Petition for Review filed on behalf of CPS Energy.
12/14/2017Response Waiver filed  Waiver of Response filed on behalf of CPS Energy.
12/14/2017Notice from Counsel of a change in address  Change of Address for counsel for CPS Energy.
12/01/2017Notice of Appearance  Notice of Change of Lead Counsel, John R. Hulme, filed on behalf of Public Utility Commission of Texas.
11/21/2018Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Paul A. Werner with Sheppard, Mullin, Richter & Hampton LLP of Washington, DC.
11/20/2019Call received  Call received regarding opinion issued May 17, 2019.
11/16/2018Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 24, 2019.  Time allotted to argue:  20/20 minutes
11/16/2018Petition for Review disposedFiling granted
11/16/2018Petition for Review granted 
11/16/2018Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 24, 2019. Time allotted to argue:  20/20 minutes
11/16/2018Petition for Review disposedFiling granted
11/16/2018Petition for Review granted 
11/15/2017Petition for Review  Petition for Review filed on behalf of Time Warner Cable Texas LLC
11/13/2018Corrected Brief  Second Corrected Response Brief on the Merits filed on behalf of CPS Energy, et al.
11/12/2018Corrected Brief  Corrected Response Brief on the Merits filed on behalf of CPS Energy, et al.
10/20/2017Pro hac vice motion disposedFiling granted Motion to Appear Pro Hac Vice of non-resident attorney Paul A. Werner is granted.
10/20/2017Pro hac vice motion disposedFiling granted Motion of James P. Sullivan in support of Paul A. Werner's Motion to Appear Pro Hac Vice is granted.
10/20/2017Pro hac vice motion disposedFiling granted Motion to Appear Pro Hac Vice of non-resident attorney Abraham J. Shanedling is granted.
10/20/2017Pro hac vice motion disposedFiling granted Motion of James P. Sullivan in support of Abraham J. Shanedling's Motion to Appear Pro Hac Vice is granted.
10/20/2017Pro hac vice motion disposedFiling granted Motion to Appear Pro Hac Vice of non-resident attorney J. Aaron George is granted.
10/20/2017Pro hac vice motion disposedFiling granted Motion of James P. Sullivan in support of J. Aaron George's Motion to Appear Pro Hac Vice is granted.
10/20/2017Pro hac vice motion disposedFiling granted Motion to Appear Pro Hac Vice of non-resident attorney John Davidson Thomas is granted.
10/20/2017Pro hac vice motion disposedFiling granted Motion of James P. Sullivan in support of John Davidson Thomas' Motion to Appear Pro Hac Vice is granted.
10/20/2017Pro hac vice motion filed  Motion of James P. Sullivan in support of Paul A. Werner's Motion to Appear Pro Hac Vice filed on behalf of Time Warner Cable Texas LLC.
10/20/2017Pro hac vice motion filed  Motion to Appear Pro Hac Vice of non-resident attorney Paul A. Werner filed on behalf of Time Warner Cable Tex. LLC.
10/20/2017Pro hac vice motion filed  Motion of James P. Sullivan in support of John Davidson Thomas' Motion to Appear Pro Hac Vice filed on behalf of Time Warner Cable Texas LLC.
10/20/2017Pro hac vice motion filed  Motion of James P. Sullivan in support of Abraham J. Shanedling's Motion to Appear Pro Hac Vice filed on behalf of Time Warner Cable Texas LLC.
10/20/2017Pro hac vice motion filed  Motion to Appear Pro Hac Vice of non-resident attorney Abraham J. Shanedling filed on behalf of Time Warner Cable Texas LLC.
10/18/2017Pro hac vice motion filed  Motion to Appear Pro Hac Vice of non-resident attorney John Davidson Thomas filed on behalf of Time Warner Cable Texas LLC.
10/18/2017Pro hac vice motion filed  Motion of James P. Sullivan in support of J. Aaron George’s Motion to appear Pro Hac Vice filed on behalf of Time Warner Cable Texas LLC.
10/18/2017Pro hac vice motion filed  Motion to Appear Pro Hac Vice of non-resident J. Aaron George filed on behalf of Time Warner Cable Texas LLC.
10/13/2017Notice from Counsel of a change in address  Notice of Change of Address filed on behalf of Time Warner Cable Texas, LLC.
10/12/2017Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due November 15, 2017.
10/12/2017Motion 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 Time Warner Cable Texas, LLC.
10/08/2019Mandate issued  Mandate & Cost Bill Issued
10/04/2019Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Busby and Justice Bland not participating)
09/28/2018Reply Brief  Reply Brief on the Merits filed on behalf of the Public Utility Commission of Texas.
09/28/2018Reply Brief  Reply Brief on the Merits filed on behalf of Time Warner Cable Texas LLC.
09/14/2018Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Petitioners' Reply Brief on the Merits granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Briefs are due on September 28, 2018.
09/13/2018Motion for Extension of Time to File Brief filed  Unopposed Joint Motion for Extension of Time to file Reply Briefs on the Merits filed on behalf of Time Warner Cable Texas LLC and the Public Utility Commission of Texas.
09/05/2018Brief on the Merits  Respondent's Brief on the Merits filed on behalf of CPS Energy, et al.
08/22/2018Brief on the Merits  Response Brief on the Merits filed on behalf of Southwestern Bell Telephone Company.
08/21/2018Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Respondent's Brief on the Merits has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Response Brief is due on September 5, 2018. Reply Brief is due on September 20, 2018.
08/21/2018Motion for Extension of Time to File Brief filed  Second Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of CPS Energy, et al.
08/03/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondents' Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondents' Brief is due on August 22, 2017. Reply Brief is due on September 6, 2018.
08/03/2018Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of CPS Energy, et al.
07/23/2018Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Public Utility Commission of Texas.
07/23/2018Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Time Warner Cable Texas LLC.
06/27/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioners' Brief is due on July 23, 2018. Response Brief is due on August 13, 2018. Reply Brief is due on August 28, 2018.
06/26/2018Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Time Warner Cable Texas LLC, et al.
06/17/2019Case forwarded to Court 
06/17/2019Motion for Rehearing  Motion for Rehearing filed on behalf of CPS Energy.
06/11/2018Case Record Filed   Electronic Appellate Record received
06/07/2018Substitution of Counsel  Notice of Substitution of John H. Barr, Jr. as lead counsel for Time Warner Cable Texas LLC.
06/03/2019Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due June 17, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/01/2018Record Requested in Case  Record requested from the 3rd COA
06/01/2018Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than July 2, 2018; Response due July 23, 2018; Reply brief due August 7, 2018.
05/31/2019Additional Copies received  Copy received of Motion for Extension of Time to file Motion for Rehearing.
05/31/2019Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of CPS Energy.
05/17/2019Court approved judgment sent to attorneys of recordIssued
05/17/2019Opinion issuedIssued
05/17/2019Opinion issuedCourt of Appeals' judgment reversed; cause remanded to trial court The Court reverses in part the court of appeals' judgment and remands the case to the trial court.  Chief Justice Hecht delivered the opinion of the Court.  (Justice Busby not sitting)
(5/17/2019 5:05:25 PM) 170840.pdf, 17-0840.jmt.pdf
05/03/2018Reply to Response  Reply in Support of Petition for Review filed on behalf of Time Warner Cable Texas LLC.
04/18/2018Response to Petition  Response to TWC and PUC Petitions for Review filed on behalf of CPS Energy, et al.
03/19/2018Response to Petition  Response to Petition for Review filed on behalf of AT&T Texas.
03/14/2018Pro hac vice motion disposedFiling granted Motion in Support of Motion for Admission Pro Hac Vice of Michael T. Sullivan is granted.
03/14/2018Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice of non-resident attorney, Michael T. Sullivan, is granted.
03/13/2018Pro hac vice motion filed  Motion Pro Hac Vice of Michael T. Sullivan filed on behalf of Southwestern Bell Telephone Company.
03/13/2018Pro hac vice motion filed  Motion of resident attorney Lennon G. Briley, Jr. in support of non-resident attorney Michael T. Sullivan's Motion to Appear Pro Hac Vice filed on behalf of Southwestern Bell Telephone Company.
03/05/2018Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Response to Petition for Review is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due April 18, 2018.
03/05/2018Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petitions for Review filed on behalf of CPS Energy.
03/05/2018Notice of Appearance  Notice of Additional Counsel filed on behalf of CPS Energy.
02/16/2018Supreme Court of Texas Requested Response  Requested responses to petitions for review due no later than March 19, 2018.
01/24/2019Oral argument   Argued on behalf of Petitioner, Time Warner Cable Texas LLC, by Paul A. Werner; Argued on behalf of Petitioner, Public Utility Commission of Texas, by John R. Hulme; Argued on behalf of Respondents by David F. Brown
01/24/2019Oral argument   Argued on behalf of Petitioner, Time Warner Cable Texas LLC, by Paul A. Werner; Argued on behalf of Petitioner, Public Utility Commission of Texas, by John R. Hulme; Argued on behalf of Respondents by David F. Brown
01/19/2018Fully hyperlinked brief filed  Hyperlinked version of previously filed Petition for Review, on behalf of Time Warner Cable Texas LLC.
01/18/2019Letter Filed  Letter of Time Warner Cable Texas LLC and Public Utility Commission of Texas regarding the allotment of oral argument time.
01/17/2018Case forwarded to Court 
01/17/2018Case forwarded to Court 
01/12/2018Response Waiver filed  Response Waiver filed on behalf of CPS Energy.
01/12/2018Response Waiver filed  Response Waiver filed on behalf of AT&T Texas.
01/06/2020Call received  Call received about slight revision of opinion issued May 17, 2019.
01/02/2019Letter Filed  Letter filed on behalf of AT&T Texas stating that they will not be presenting Oral Argument.
01/02/2019Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of CPS Energy, et al. Oral Argument will be presented by David F. Brown of Ewell, Brown, Blanke & Knight LLP of Austin, Texas.
01/02/2019Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of the Public Utility Commission of Texas. Oral Argument will be submitted by John R. Hulme of the Office of the Attorney General of Texas.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/08/2019Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Southwestern Bell Telephone Company, d/b/a AT&T TexasRespondentMr. Paul A. Drummond
Mr. Joseph E. Cosgrove Jr.
Mr. Lennon G. Briley Jr.
Ms. Katherine Swaller
Mr. Michael T. Sullivan
Mr. Thomas Joseph Ballo
Ms. Natalie L. Hall
Public Utility Commission of TexasRespondentMs. Kellie E. Billings-Ray
Mr. John R. Hulme
Mr. Brantley David Starr
Atty. Gen. W. Kenneth Paxton Jr.
Mr. James Edward Davis
Mr. Jeffrey C. Mateer
Ms. Megan M. Neal
Mr. Douglas Fraser
Ms. Priscilla M. Hubenak
Time Warner Cable Texas LLCPetitionerMs. Melissa A. Lorber
Mr. John Barr Jr.
Mr. J. Aaron George
Mr. John Davidson Thomas
Mr. Paul A. Werner
Ms. Valerie P. Kirk
Mr. Abraham J. Shanedling
CPS Energy f/k/a City Public Service f/k/a San Antonio Public Service CompanyRespondentMr. Felipe Tomas Alonso III
Mr. David F. Brown
Mr. Curt D. Brockmann
Mr. Gabriel Garcia
Mr. Brennan J. Foley
Hallie E. Graves
Mr. Joseph R. Knight
Mr. Alfred R. Herrera
Ms. Carolyn E. Shellman
Mr. Sean Farrell
Court of Appeals Information:
Aff/Pt and Rev & Ren/Pt 
537 SW3d 157, 08-31-17 
3rd Court of Appeals 
Honorable Cindy Olson Bourland 
Trial Court Information
345th District Court 
 
Honorable Stephen Yelenosky 
D-1-GN-13-001238