Supreme Court

Case: 19-0036    
19-0036
01/11/2019
Petition for Review/Cause under Rule 53.1
LANDRY'S, INC. AND HOUSTON AQUARIUM, INC. 
ANIMAL LEGAL DEFENSE FUND, CHERYL CONLEY, AND CARNEY ANNE NASSER 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/06/2021Response to Amicus Curiae Brief filedPetitioner Response to Amicus Curiae Brief of the Freedom of Information Foundation of Texas filed on behalf of Landry's Inc., et al.
03/26/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Freedom of Information Foundation of Texas submitted by Michael W. Shapiro.
02/01/2021Exhibits in case/cause filedRespondent Oral Argument Exhibit filed on behalf of Animal Legal Defense Fund, et al.
02/01/2021Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of Landry's Inc., et al.
11/13/2020Petition Reinstated 
09/25/2020Reply to Response to Motion for Rehearing filedPetitioner Reply in Support of Motion for Rehearing filed on behalf of Landry's Inc., et al.
09/18/2020Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of Animal Legal Defense Fund, et al.
07/15/2020Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of Landry's Inc., et al.
06/22/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter Brief Received from Dean Rodney Smolla of Widener University Delaware Law School.
04/07/2020Fully hyperlinked brief filedPetitioner Hyperlinked Reply Brief on the Merits filed on behalf of Landry's Inc., et al.
04/03/2020Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Landry's Inc., et al.
02/18/2020Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Animal Legal Defence Fund, et al.
01/06/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Public Policy Foundation and Goldwater Institute submitted by Robert Henneke, Munera Al-Fuhaid and Jonathan Riches.
11/01/2019Fully hyperlinked brief filedPetitioner Hyperlinked version of Petitioner's Brief on the Merits originally filed on October 30, 2019 filed on behalf of Landry's, Inc., et al.
10/30/2019Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Landry's, Inc., et al.
07/12/2019Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of Landry's Inc., et al.
06/28/2019Response to PetitionRespondent Response to Petition for Review filed on behalf of Animal Legal Defense Fund, et al.
04/08/2019Petition for ReviewPetitioner Petition for Review filed on behalf of Landry's Inc., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission form submitted by Animal Legal Defense Fund. Oral Argument will be presented by Ryan Clinton of Davis, Gerald & Cremer of Austin, Texas.
12/29/2020Motion to Argue filed  Motion for Amicus Curiae Rodney Smolla to Participate in Oral Argument filed on behalf of Rodney Smolla and Landry's, Inc., et al.
12/21/2020Call received  Call received from counsel for petitioners regarding oral argument.
12/13/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief on the Merits is due February 18, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due March 4, 2020.
12/13/2019Motion 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 Animal Legal Defense Fund, et al.
11/18/2019Notice of Appearance  Notice of Appearance of Ryan Clinton as counsel for Respondent, Animal Defense League Fund.
11/13/2020Previous Order of the Court withdrawn  Denial of petition for review on May 29, 2020 is withdrawn.
11/13/2020Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 2, 2021. Time allotted to argue: 20/20 minutes (Justice Guzman, Justice Busby, and Justice Huddle not participating)
11/13/2020Petition for Review disposedFiling granted
11/13/2020Petition for Review granted 
11/13/2020Petition Reinstated 
11/13/2020Motion for Rehearing - DisposedFiling granted
11/01/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits granted. Response Brief due December 19, 2019. Reply Brief due January 3, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/01/2019Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Response Brief on the Merits filed on behalf of the Animal Legal Defense Fund, et al.
11/01/2019Fully hyperlinked brief filed  Hyperlinked version of Petitioner's Brief on the Merits originally filed on October 30, 2019 filed on behalf of Landry's, Inc., et al.
10/30/2019Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Landry's, Inc., et al.
09/25/2020Reply to Response to Motion for Rehearing filed  Reply in Support of Motion for Rehearing filed on behalf of Landry's Inc., et al.
09/18/2020Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Animal Legal Defense Fund, et al.
09/09/2019Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief due October 30, 2019. Response Brief due November 19, 2019. Reply Brief due December 4, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/09/2019Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Landry's Inc., et al.
09/04/2020Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Motion for Rehearing granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due September 18, 2020.
09/04/2020Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of Animal Legal Defense Fund, et al.
08/30/2019Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than September 30, 2019; Response brief due October 21, 2019; Reply brief due November 5, 2019.
08/21/2020Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than September 8, 2020.
07/21/2020Case forwarded to Court 
07/20/2020Response Waiver filed  Response Waiver filed on behalf of Animal Legal Defense Fund.
07/15/2020Motion for Rehearing  Motion for Rehearing filed on behalf of Landry's Inc., et al.
07/12/2019Reply to Response  Reply to Response to Petition for Review filed on behalf of Landry's Inc., et al.
06/28/2019Response to Petition  Response to Petition for Review filed on behalf of Animal Legal Defense Fund, et al.
06/24/2021Mandate issued  Mandate & Cost Bill Issued
06/22/2020Amicus Curiae Letter Received  Amicus Curiae Letter Brief Received from Dean Rodney Smolla of Widener University Delaware Law School.
06/06/2019Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Review is granted. Response is due June 28, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/06/2019Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Animal Legal Defense Fund, et al.
06/01/2020Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing granted. Motion for rehearing due July 15, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/01/2020Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for rehearing filed on behalf of Landry’s Inc., et al.
05/29/2020Supreme Court of Texas Orders Issued 
05/29/2020Petition for Review disposedDenied
05/21/2021Court approved judgment sent to attorneys of recordIssued
05/21/2021Opinion issuedCourt of Appeals' judgment affirm and reverse in part; remand to court of appeals The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to that court. Justice Blacklock delivered the opinion of the Court.  (Justice Guzman, Justice Busby, and Justice Huddle not participating)
(5/21/2021 10:19:57 AM) 190036.pdf, 19-0036.jmt.pdf
05/10/2019Supreme Court of Texas Requested Response  Requested response to petition for review due no later than June 10, 2019.
04/09/2019Case forwarded to Court 
04/08/2019Response Waiver filed  Response Waiver filed on behalf of Cheryl Conley.
04/08/2019Response Waiver filed  Response waiver filed on behalf of Animal Legal Defense Fund and Carney Anne Nasser.
04/08/2019Petition for Review  Petition for Review filed on behalf of Landry's Inc., et al.
04/07/2020Phone call from Clerk's Office  Call made to Mr. Aaron Streett regarding the Hyperlinked Reply Brief.
04/07/2020Fully hyperlinked brief filed  Hyperlinked Reply Brief on the Merits filed on behalf of Landry's Inc., et al.
04/06/2021Response to Amicus Curiae Brief filed  Response to Amicus Curiae Brief of the Freedom of Information Foundation of Texas filed on behalf of Landry's Inc., et al.
04/03/2020Reply Brief  Reply Brief on the Merits filed on behalf of Landry's Inc., et al.
03/26/2021Amicus Curiae Brief received  Amicus Curiae Brief of Freedom of Information Foundation of Texas submitted by Michael W. Shapiro.
03/07/2019Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Unopposed Motion for Extension of Time to file Petition for Review is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition for Review is due April 8, 2019.
03/07/2019Second 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 Landry's Inc., et al.
02/20/2020MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply Brief on the Merits Granted. Reply Brief due April 3, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/20/2020Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Landry's Inc., et al.
02/18/2020Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Animal Legal Defence Fund, et al.
02/14/2019Phone call from Clerk's Office  Called the Court of Appeals regarding the extension of time granted in this case.
02/14/2019Call received  Call received from petitioners counsel regarding notices sent to the Court of Appeals.
02/02/2021Oral argument   Argued on behalf of petitioners by Aaron M. Streett; Argued on behalf of respondents by Ryan Clinton; Argued on behalf of Amicus Curiae by Rodney A. Smolla
02/01/2021Exhibits in case/cause filed  Oral Argument Exhibit filed on behalf of Animal Legal Defense Fund, et al.
02/01/2021Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Landry's Inc., et al.
01/25/2021Submission Schedule 
01/19/2021Letter sent to parties from Supreme Court - See Remarks  Letter sent to parties stating, " The Supreme Court of Texas set the above-referenced cause for oral submission for Tuesday, February 2, 2021. Oral argument will be held via Zoom. Attached is a guide for attorneys participating in oral arguments via Zoom. The Clerk of the Court will contact you with further instructions."
(1/19/2021 3:53:45 PM) Zoom Oral Arguments Guide for Lawyers.pdf
01/15/2019Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due March 18, 2019.
01/15/2019Pro hac vice motion disposedFiling granted Non-Resident Attorney, Michelle C. Pardo’s Motion Pro Hac Vice is granted.
01/15/2019Pro hac vice motion disposedFiling granted Resident attorney Joy M. Soloway's Motion in Support of Michelle Pardo’s Motion Pro Hac Vice is granted.
01/15/2019Pro hac vice motion disposedFiling granted Resident attorney Joy M. Soloway's Motion in Support of John M. Simpson’s Motion Pro Hac Vice is granted.
01/15/2019Pro hac vice motion disposedFiling granted Non-Resident Attorney, John M. Simpson's Motion Pro Hac Vice is granted.
01/15/2019Pro hac vice motion filed  Resident attorney Joy M. Soloway's Motion in Support of Michelle C. Pardo's Motion Pro Hac Vice filed on behalf of petitioner, Landry's, Inc., et al.
01/15/2019Pro hac vice motion filed  Resident attorney Joy M. Soloway's Motion in Support of John M. Simpson’s Motion Pro Hac Vice filed on behalf of petitioner, Landry's, Inc., et al.
01/15/2019Pro hac vice motion filed  Non-Resident Attorney, Michelle Pardo, Motion for Pro Hac Vice filed on behalf of Landry’s, Inc. and Houston Aquarium.
01/15/2019Pro hac vice motion filed  Non-Resident Attorney, John M. Simpson, Motion Pro Hac Vice, filed on behalf of Landry’s, Inc. and Houston Aquarium, Inc.
01/11/2019Phone call from Clerk's Office  Called Joy Soloway's office to request motions pro hac vice for John M. Simpson and Michelle C. Pardo.
01/11/2019Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Landry's, Inc, et al.
01/11/2019Supplement to Clerk's/Reporter's Record 
01/11/2019Court reporter/recorder's record 
01/11/2019Court reporter/recorder's record 
01/11/2019Clerk's Record 
01/11/2019Clerk's Record 
01/11/2019Clerk's Record 
01/11/2019Clerk's Record 
01/09/2020Pro hac vice motion disposedFiling granted Motion of Resident Attorney Robert Henneke in Support of Jonathan Riches's Admission Pro Hac Vice is granted.
01/09/2020Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Jonathan Riches is granted.
01/09/2020Pro hac vice motion filed  Motion of Resident Attorney Robert Henneke in Support of Jonathan Riches's Admission Pro Hac Vice filed on behalf of Texas Public Policy Foundation.
01/09/2020Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Jonathan Riches filed on behalf of Texas Public Policy Foundation.
01/09/2020Call received  Call received from counsel for Texas Public Policy Foundation regarding Motions for Admission Pro Hac Vice.
01/08/2021Motion to Argue disposedFiling granted Joint Motion for Leave for Amicus Curiae to Share Time for Oral Argument granted.  Time allotted to argue:  15/20/5 minutes (Justice Guzman, Justice Busby, and Justice Huddle not participating)
01/07/2020Phone call from Clerk's Office  Left message with Mr. Henneke regarding Amicus Brief filed. Brief will remain pending until Motion for Admission Pro Hac Vice is filed.
01/06/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Petitioners, Landry's Inc., et al. Oral Argument will be presented by Aaron Streett of Baker Botts LLP of Houston, Texas.
01/06/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form of Rodney Smolla received.
01/06/2020Amicus Curiae Brief received  Amicus Curiae Brief of Texas Public Policy Foundation and Goldwater Institute submitted by Robert Henneke, Munera Al-Fuhaid and Jonathan Riches.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/24/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Conley, CherylRespondentMr. Darren Braun
Mr. Ashish Mahendru
Animal Legal Defense FundRespondentMr. Ryan Clinton  
Mr. Adam A. Milasincic  
Mr. Philip Griffis
Nasser, Carney AnneRespondentMr. Adam A. Milasincic  
Mr. Philip Griffis
Texas Public Policy Foundation and Goldwater InstituteAmicus CuriaeMs. Munera Al-Fuhaid
Mr. Robert E. Henneke
Mr. Jonathan Riches
Landry's, Inc.PetitionerMr. Peter C. Tipps
Mr. Aaron M. Streett
Ms. Michelle C. Pardo
Mr. Layne E. Kruse
Mr. Thomas Phillips
Mr. John M. Simpson
Mr. Michael S. Goldberg
Mr. Anthony J. Lucisano
Ms. Joy M. Soloway
Houston Aquarium, Inc.PetitionerMs. Joy M. Soloway
Mr. Layne E. Kruse
Ms. Michelle C. Pardo
Mr. John M. Simpson
Mr. John M. Simpson
Mr. Aaron M. Streett
Mr. Thomas Phillips
Mr. Peter C. Tipps
Ms. Michelle C. Pardo
Mr. Anthony J. Lucisano
Mr. Michael S. Goldberg
Smolla, Rodney Amicus CuriaeRodney Smolla
Freedom of Information Foundation of TexasAmicus CuriaeMr. Michael Shapiro
Mr. James A. Hemphill
Court of Appeals Information:
Aff As Mod 
566 SW3d 41, 10-18-18 
14th Court of Appeals 
Honorable Tracy K. Christopher 
Trial Court Information
334th District Court 
Harris 
Honorable Steven E. Kirkland 
2016-79698