Supreme Court

Case: 17-0862    
17-0862
10/19/2017
Petition for Review/Cause under Rule 53.1
ENERGY TRANSFER PARTNERS, L.P. AND ENERGY TRANSFER FUEL, L.P. 
ENTERPRISE PRODUCTS PARTNERS, L.P. AND ENTERPRISE PRODUCTS OPERATING LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/07/2019Exhibits in case/cause filedPetitioner Petitioners' Oral Argument Exhibits filed on behalf of Energy Transfer Partners LP, et al.
10/07/2019Exhibits in case/cause filedRelator Respondent's Oral Argument Exhibits filed on behalf of Enterprise Products Partners, LP, et al.
10/04/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief on ECA Solutions Engineering submitted by David Simon Sokolow for The University of Texas School of Law.
10/03/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Austin Economic Club recieved.
10/01/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief submitted by Christine Hurt, professor at the J. Reuben Clark Law School at Brigham Young University of Provo, Utah.
09/30/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the Honorable Jim Rudd. Submitted by Kent Hance of Austin, Texas.
09/27/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Houston Realty Business Coalition submitted by Reid C. Wilson and Richard L. Rothfelder of Houston, Texas
09/27/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of The Chamber of Commerce of the United States, The American Fuel and Petrochemical Manufacturers, and The Texas Association of Business submitted by Hyland Hunt of Deutsch Hunt PLLC in Washington, DC.
09/27/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Hugh Rice Kelly submitted by Hugh Rice Kelly of Houston, Texas.
09/24/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief in Support of Respondents received on behalf of Targa Resources Corp.  Submitted by Penelope Nicholson and Adam Schiffer with Schiffer Hicks & Johnson PLLC of Houston, Texas.
09/24/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief in Support of Respondents received on behalf of Plains Pipeline, L.P.  Submitted by Gwen J. Samora of Copeland and Rice LLP of Houston, Texas.
09/13/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Associated Builders and Contractors of Texas, Inc. submitted by William Westcott and John Scott of Andrew Myers, PC.
09/06/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief submitted and received on behalf of John C. Ale.
04/11/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief submitted by and received on behalf of Joseph K. Leahy.
03/01/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of Bobby Riley.  Submitted by Mr. Steven K. Hayes.
01/14/2019Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Energy Transfer Partners, L.P., et al.
10/29/2018Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Enterprise Products Partners, L.P.
09/07/2018Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Energy Transfer Partners, L.P., et al.
04/18/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief in Support of Petitioners received on behalf of David Radunsky.
03/16/2018Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Energy Transfer Partners, L.P., et al.
03/15/2018Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Professor Christine Hurt and Dean D. Gordon Smith of J. Reuben Clark Law School of Provo, Utah.
02/26/2018Response to PetitionRespondent Response to Petition for Review filed on behalf of Enterprise Products Partners, L.P. and Enterprise Products Operating LLC.
12/27/2017Petition for ReviewPetitioner Petition for Review filed on behalf of Energy Transfer Partners, L.P., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/27/2017Petition for Review  Petition for Review filed on behalf of Energy Transfer Partners, L.P., et al.
12/12/2018Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Reply Brief on the Merits has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Reply Brief is due on January 14, 2019.
12/11/2018Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Energy Transfer Partners, L.P.
11/17/2017Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Unopposed Motion for Extension of Time to file Petition for Review granted. Further requests for extensions of time will be disfavored. Petition for Review is due December 27, 2017.
11/17/2017Second Motion for Extension of Time to File Petition for Review filed  Second Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Energy Transfer Partners, L.P., et al.
11/08/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief due December 13, 2018.
11/08/2018Motion 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 Energy Transfer Partners, L.P., et al.
11/05/2018Notice received  Notice that Jeremy Kernodle no longer represents petitioner in this case, filed on behalf of Energy Transfer Partners, L.P., et al.
10/29/2018Brief on the Merits  Response Brief on the Merits filed on behalf of Enterprise Products Partners, L.P.
10/19/2017Motion 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 is due November 27, 2017.
10/19/2017Motion 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 Energy Transfer Partners, L.P., et al.
10/08/2019Oral argument   Argued on behalf of petitioners by Jeremy A. Fielding; Argued on behalf of respondents by David Keltner
10/07/2019Call received  Call received from counsel for respondent regarding returned filing.
10/07/2019Exhibits in case/cause filed  Respondent's Oral Argument Exhibits filed on behalf of Enterprise Products Partners, LP, et al.
10/07/2019Exhibits in case/cause filed  Petitioners' Oral Argument Exhibits filed on behalf of Energy Transfer Partners LP, et al.
10/04/2019Submission Schedule 
10/04/2019Amicus Curiae Brief received  Amicus Curiae Brief on ECA Solutions Engineering submitted by David Simon Sokolow for The University of Texas School of Law.
10/03/2019Amicus Curiae Brief received  Amicus Curiae Brief of Austin Economic Club recieved.
10/02/2019Miscellaneous motion disposed. See Remarks.Filing granted Motion for additional counsel to be seated at oral argument granted.
10/02/2019Miscellaneous Motion  Motion for additional counsel to be present at Oral Argument filed on behalf of Energy Transfer Partners, LP, et al.
10/01/2019Amicus Curiae Brief received  Amicus Brief submitted by Christine Hurt, professor at the J. Reuben Clark Law School at Brigham Young University of Provo, Utah.
09/30/2019Amicus Curiae Brief received  Amicus Curiae Brief of the Honorable Jim Rudd. Submitted by Kent Hance of Austin, Texas.
09/27/2019Amicus Curiae Brief received  Amicus Curiae Brief of Houston Realty Business Coalition submitted by Reid C. Wilson and Richard L. Rothfelder of Houston, Texas
09/27/2019Amicus Curiae Brief received  Amicus Curiae Brief of Hugh Rice Kelly submitted by Hugh Rice Kelly of Houston, Texas.
09/27/2019Amicus Curiae Brief received  Amicus Brief of The Chamber of Commerce of the United States, The American Fuel and Petrochemical Manufacturers, and The Texas Association of Business submitted by Hyland Hunt of Deutsch Hunt PLLC in Washington, DC.
09/24/2019Amicus Curiae Brief received  Amicus Brief in Support of Respondents received on behalf of Plains Pipeline, L.P.  Submitted by Gwen J. Samora of Copeland and Rice LLP of Houston, Texas.
09/24/2019Amicus Curiae Brief received  Amicus Brief in Support of Respondents received on behalf of Targa Resources Corp.  Submitted by Penelope Nicholson and Adam Schiffer with Schiffer Hicks & Johnson PLLC of Houston, Texas.
09/18/2018Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's Brief on the Merits due October 29, 2018. Reply Brief due November 13, 2018.
09/18/2018Motion 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 Enterprise Products Partners, L.P., et al.
09/13/2019Amicus Curiae Brief received  Amicus Curiae Brief of Associated Builders and Contractors of Texas, Inc. submitted by William Westcott and John Scott of Andrew Myers, PC.
09/11/2019Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Jeremy A. Fielding of Lynn Pinker Cox & Hurst of Dallas Texas on behalf of Energy Transfer Partners , LP, et al.
09/11/2019Oral Argument Submission Form from Attorney received  Oral Argument will be presented by David Keltner of Kelly Hart & Hallman, LLP in Fort Worth, Texas on behalf of Enterprise Products Partners, LP and Enterprise Products Operating.
09/07/2018Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Energy Transfer Partners, L.P., et al.
09/06/2019Amicus Curiae Brief received  Amicus Brief submitted and received on behalf of John C. Ale.
07/30/2018Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits granted. No further extensions of time will be considered. Petitioner's brief is due no later than September 7, 2018; Respondent's Brief is due September 27, 2018; and Reply brief is due October 12, 2018.
07/30/2018Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Energy Transfer Partners, L.P., et al.
06/28/2019Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., October 8, 2019.  Time allotted to argue: 20/20 minutes.
06/28/2019Petition for Review disposedFiling granted
06/28/2019Petition for Review granted 
06/28/2018Motion 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 will be disfavored. Petitioners' brief is due no later than August 8, 2018; Respondent's brief is due August 28, 2018; and Reply brief is due September 12, 2018.
06/27/2018Motion 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 Energy Transfer Partners, et al.
06/24/2019Notice from attorney regarding vacation dates  Vacation Notice for Nina Cortell, attorney for Petitioner, Energy Transfer Partners LP.
06/20/2018Case Record Filed   Electronic Appellate Record received.
06/12/2018Record Requested in Case  Record requested from the 5th COA
06/08/2018Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than July 9, 2018; Response brief due July 30, 2018; Reply brief due August 14, 2018.
04/18/2018Amicus Curiae Brief received  Amicus Brief in Support of Petitioners received on behalf of David Radunsky.
04/11/2019Amicus Curiae Brief received  Amicus Brief submitted by and received on behalf of Joseph K. Leahy.
04/11/2018Notice received  Notice of Firm Change filed on behalf of Enterprise Products Partners, L.P., et al.
03/16/2018Reply to Response  Reply in Support of Petition for Review filed on behalf of Energy Transfer Partners, L.P., et al.
03/15/2018Amicus Curiae Brief received  Amicus Brief of Professor Christine Hurt and Dean D. Gordon Smith of J. Reuben Clark Law School of Provo, Utah.
03/13/2018MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply is due March 20, 2018.
03/12/2018Notice requesting filing fee  Mailed fee request to petitioner for motion for extension of time.
03/09/2018Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Energy Transfer Partners, L.P., et al.
03/06/2020Mandate issued  Mandate & Cost Bill Issued
03/01/2019Amicus Curiae Brief received  Amicus Brief received on behalf of Bobby Riley.  Submitted by Mr. Steven K. Hayes.
02/27/2018Case forwarded to Court 
02/26/2018Response to Petition  Response to Petition for Review filed on behalf of Enterprise Products Partners, L.P. and Enterprise Products Operating LLC.
01/31/2020Court approved judgment sent to attorneys of recordIssued
01/31/2020Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment.  Chief Justice Hecht delivered the opinion of the Court.
(1/31/2020 1:44:55 PM) 170862.pdf, 17-0862.jmt.pdf
01/14/2019Reply Brief  Reply Brief on the Merits filed on behalf of Energy Transfer Partners, L.P., et al.
01/10/2018Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review granted. Further requests for extensions of time will be disfavored. Response is due February 26, 2018.
01/09/2018Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Enterprise Products Partners, L.P., et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
03/06/2020Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Kelly, Hugh RiceAmicus CuriaeMr. Hugh Rice Kelly
Rudd, JimAmicus CuriaeMr. Kent R. Hance
Gordon Smith, Dean D.Amicus CuriaeMs. Angela Hurt
Energy Transfer Fuel, L.P.PetitionerMr. Michael P. Lynn
Mr. Christopher J. Akin
Ms. Karen S. Precella
Mr. Craig T. Enoch
Ms. Melissa A. Lorber
Ms. Nina Cortell
Mr. Michael A. Hatchell
Mr. Jeremy Fielding
Ms. Kelli Bills  
Mr. David S. Coale
Energy Transfer Partners, L.P.PetitionerMs. Melissa A. Lorber
Mr. Jeremy Fielding
Mr. David S. Coale
Mr. Michael P. Lynn
Ms. Nina Cortell
Mr. Christopher J. Akin
Mr. Craig T. Enoch
Ms. Kelli Bills  
Mr. Michael A. Hatchell
Mr. Jeremy Daniel Kernodle
The Texas Association of BusinessAmicus CuriaeMs. Hyland Hunt
Plains Pipeline, L.P.Amicus CuriaeMs. Gwen J. Samora
Hurt, Professor ChristineAmicus CuriaeMs. Angela Hurt
Houston Realty Business CoalitionAmicus CuriaeReid Carroll Wilson
Mr. Richard L. Rothfelder
Leahy, Joseph K.Amicus CuriaeMr. Joseph K. Leahy
ECA Solutions EngineeringAmicus CuriaeDavid Simon Sokolow
Enterprise Products Partners, L.P.RespondentMs. Marianne M. Auld
Mr. David Gunn
Mr. Jeffrey M. Golub
Ms. Rachel A. Ekery  
Mr. David J. Beck
Mr. Wallace B. Jefferson  
Mr. David E. Keltner
Mr. Russell S. Post
Mr. P. Michael Jung
Enterprise Products Operating LLCRespondentMr. Russell S. Post
Mr. David J. Beck
Mr. Wallace B. Jefferson  
Mr. P. Michael Jung
Mr. Jeffrey M. Golub
Mr. David Gunn
Ms. Marianne M. Auld
Mr. David E. Keltner
Ms. Rachel A. Ekery  
Ale, John C.Amicus CuriaeJohn Charles Ale
Riley, BobbyAmicus CuriaeMr. Steven K. Hayes
Targa Resources Corp.Amicus CuriaeMr. Adam P. Schiffer
Ms. Penelope E. Nicholson
Associated Builders and Contractors of Texas, Inc.Amicus CuriaeMr. William Benjamin Westcott
Mr. John Scott
The Chamber of Commerce of the United States of AmericaAmicus CuriaeMs. Hyland Hunt
Radunsky, David Amicus CuriaeMr. David Radunsky
The American Fuel and Petrochemical ManufacturersAmicus CuriaeMs. Hyland Hunt
Austin Economic ClubAmicus CuriaeMr. Charles J. Cain
Court of Appeals Information:
Aff/Pt and Rev & Ren/Pt 
529 SW3d 531, 07-18-17 
5th Court of Appeals 
Honorable Lana Rolf Myers 
Trial Court Information
298th District Court 
Dallas 
Honorable Emily G. Tobolowsky 
11-12667