Supreme Court

Case: 19-0097    
19-0097
01/25/2019
Petition for Review under Tex. R. App. P. 53.1
NEW HAMPSHIRE INSURANCE COMPANY, SUNSETS WEST, INC., AND R.M. PERSONNEL, INC. 
LUIS ALBERTO RODRIGUEZ 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/19/2021Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Sunsets West, Inc.
01/08/2021Reply BriefPetitioner Reply Brief on the Merits filed on behalf of New Hampshire Insurance Company.
01/04/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the National Association of Subrogation Professionals submitted by Gary L. Wickert of Metthiesen, Wickert & Lehrer, S.C. in Austin, Texas.
11/23/2020Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Luis Alberto Rodriguez.
09/04/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Sunsets West, Inc.
07/03/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of New Hampshire Insurance Company.
04/02/2020Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Sunsets West, Inc.
02/05/2020Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of New Hampshire Insurance Company.
01/31/2020Response to PetitionRespondent Response to Petition for Review filed on behalf of Luis Alberto Rodriguez.
08/21/2019Petition for Review #3Petitioner Petition for Review filed on behalf of Sunsets West, Inc.
08/21/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of National Association of Subrogation Professionals submitted by Gary L. Wickert of Matthiesen, Wickert & Lehrer, S.C. of Austin, Texas.
07/08/2019Petition for Review #2Event related to subsequent petition filed in case. Conditional Cross-Petition for Review filed on behalf of Luis Alberto Rodriguez.
06/07/2019Petition Reinstated 
01/25/2019Petition for ReviewPetitioner Petition for Review filed on behalf of New Hampshire Insurance Company.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/08/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Reply Briefs due January 11, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/08/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Reply Brief filed on behalf of New Hampshire Insurance Company.
11/30/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due January 11, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/30/2020Motion 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 Sunsets West, Inc.
11/25/2019Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Responses to Petitions for Review is granted. Responses are due January 6, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/25/2019Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Responses to Petitions for Review filed on behalf of Luis Alberto Rodriguez.
11/23/2020Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Luis Alberto Rodriguez.
10/26/2020Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Respondent's Brief on the Merits granted. No further extensions of time will be considered. Respondent's brief is due no later than November 25, 2020; and Reply brief is due December 10, 2020.
10/25/2019Supreme Court of Texas Requested Response  Requested responses to petitions for review due no later than November 25, 2019.
10/23/2020Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Luis Alberto Rodriguez.
09/24/2019Case forwarded to Court 
09/24/2019Case forwarded to Court 
09/24/2019Case forwarded to Court 
09/22/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits granted. Response Briefs due October 26, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Briefs due November 10, 2020.
09/22/2020Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Luis Alberto Rodriguez.
09/04/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Sunsets West, Inc.
08/21/2019Petition for Review #3  Petition for Review filed on behalf of Sunsets West, Inc.
08/21/2019Amicus Curiae Brief received  Amicus Curiae Brief of National Association of Subrogation Professionals submitted by Gary L. Wickert of Matthiesen, Wickert & Lehrer, S.C. of Austin, Texas.
08/02/2019Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Petition for Review filed on behalf of Sunsets West, Inc. is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. The Petition for Review is due August 21, 2019.
08/02/2019Third Motion for Extension of Time to File Petition for Review filed  Third Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Sunsets West, Inc.
07/24/2020Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioners' Briefs are due September 4, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Briefs are due September 24, 2020. Reply Briefs are due October 9, 2020.
07/24/2020Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Sunsets West, Inc.
07/16/2020Motion for leave to file brief disposedFiling granted Respondent/Cross-Petitioner's Unopposed Motion for Leave to Consolidate Merits Brief as Respondent with Merits Brief as Conditional Cross-Petitioner granted
07/10/2020Motion for leave to file brief  Motion for Leave to file Consolidated Brief on the Merits filed on behalf of Luis Alberto Rodriguez.
07/08/2019Response Waiver filed  Waiver of Response to New Hampshire Insurance Company Petition for Review filed on behalf of Luis Alberto Rodriguez.
07/08/2019Petition for Review #2  Conditional Cross-Petition for Review filed on behalf of Luis Alberto Rodriguez.
07/03/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of New Hampshire Insurance Company.
07/02/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Briefs on the Merits is granted. Petitioners' Briefs are due August 5, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Briefs are due August 25, 2020. Reply Briefs are due September 9, 2020.
07/02/2020Motion 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 Sunsets West, Inc.
06/28/2019Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second 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 no later than August 7, 2019.
06/28/2019Second Motion for Extension of Time to File Petition for Review filed  Second Motion for Extension of Time to file Petition for Review filed on behalf of Sunsets West, Inc.
06/07/2019Petition Reinstated 
06/07/2019Second Motion for Extension of Time to File Petition for Review disposedFiling granted Sunsets West, Inc.'s Motion for Extension of Time to File Petition for Review granted.   Petition due July 8, 2019.
06/07/2019Second Motion for Extension of Time to File Petition for Review filed  Reinstated Motion for Extension of Time on behalf of Sunsets West, Inc.
06/07/2019Motion to reinstate case disposedFiling granted Sunsets West, Inc.'s Motion to Reinstate granted
06/05/2020Brief on the Merits Ordered  Brief on the Merits requested:  Petitioner's brief due no later than July 6, 2020; Response brief due July 27, 2020; Reply brief due August 11, 2020.
05/28/2019Motion to Reinstate Case filed  Motion to Reinstate filed on behalf of Sunsets West, Inc.
05/23/2019Status report filed  Joint Status Report filed on behalf of New Hampshire Insurance Company, et al.
04/30/2019Motion to dismiss  Unopposed Motion to Dismiss filed on behalf of R.M Personnel, Inc.
04/15/2021Notice sent to Court of Appeals 
04/15/2021Notice sent to Court of Appeals 
04/15/2021Notice sent to Court of Appeals 
04/13/2021Letter Filed  Letter filed on behalf of Sunsets West, Inc. stating they will not be filing a Motion for Rehearing.
04/02/2020Reply to Response  Reply in Support of Petition for Review filed on behalf of Sunsets West, Inc.
03/22/2019Petition for Review disposedMatter in Supreme Court of Texas Abated
03/22/2019Order of the Court IssuedMatter in Supreme Court of Texas Abated This case is removed from the Court's active docket until May 28, 2019, by which time the parties must file either a status report or a motion to reinstate. The parties shall immediately notify this Court about any changes in status in the settlement proceedings.
03/22/2019Second Motion for Extension of Time to File Petition for Review disposedMatter in Supreme Court of Texas Abated Unopposed Second Motion for Extension of Time to file Petition for Review of Luis Alberto Rodriguez is ABATED.
03/22/2019Second Motion for Extension of Time to File Petition for Review disposedMatter in Supreme Court of Texas Abated Unopposed Second Motion for Extension of Time to file Petition for Review of Sunsets West, Inc. is ABATED.
03/22/2019Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of Luis Alberto Rodriguez.
03/22/2019Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of Sunsets West, Inc.
03/18/2020MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply to Petition for Review granted. Reply due April 2, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
03/18/2020Motion to Extend Time to File Reply filed  Second Motion for Extension of Time to file Reply in support of Petition for Review filed on behalf of Sunsets West, Inc.
03/11/2021Motion 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 is due April 21, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/11/2021Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Sunsets Wests, Inc.
03/08/2021Call received  Call received from El Paso District Court.
03/08/2021Electronic communication sent to Party  Email sent to El Paso District Clerk.
03/05/2021Motion to dismiss disposedFiling dismissed as moot Motion to Dismiss Petition for Review, on behalf of R.M. Personnel, Inc., dismissed as moot
03/05/2021Petition for Review disposedDenied with Justice not sitting. (Justice Lehrmann not participating)
03/05/2021Petition for Review disposedDenied with Justice not sitting. (Justice Lehrmann not participating)
03/05/2021Petition for Review disposedDenied with Justice not sitting. (Justice Lehrmann not participating)
02/22/2019Motion 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 of R.M. Personnel, Inc. is due no later than March 27, 2019.
02/22/2019Motion for Extension of Time to File Petition for Review #2 filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of R.M. Personnel, Inc.
02/22/2019Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted.  Louis Rodriguez's Petition for Review is due no later than March 27, 2019.
02/22/2019Motion for Extension of Time to File Petition for Review #2 filed  Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Luis Alberto Rodriguez.
02/22/2019Call received  Call received from R.M. Personnel, Inc. regarding case number.
02/22/2019Motion 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 March 27, 2019.
02/21/2019Motion 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 Sunsets West, Inc.
02/19/2020Response Waiver filed  Response Waiver filed on behalf of New Hampshire Insurance Co.
02/18/2020Response Waiver filed  Response Waiver filed on behalf of Sunsets West, Inc.
02/18/2020Phone call from Clerk's Office  Call made to counsel for Sunsets West, Inc. to determine if a response to the cross-petition will be filed.
02/18/2020Phone call from Clerk's Office  Call made to counsel for New Hamphsire Insurance Co. to determine if a response to cross-petition will be filed.
02/14/2020MET to file reply disposed ofFiling granted Unopposed 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 no later than March 19, 2020.
02/13/2020Motion 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 Sunsets West, Inc.
02/05/2020Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of New Hampshire Insurance Company.
02/05/2020Call received  Call received from counsel for Petitioner regarding Reply to Petition for Review.
01/31/2020Response to Petition  Response to Petition for Review filed on behalf of Luis Alberto Rodriguez.
01/28/2019Clerk's Record 
01/28/2019Court reporter/recorder's record 
01/28/2019Supplement to Clerk's/Reporter's Record 
01/28/2019Supplement to Clerk's/Reporter's Record 
01/28/2019Supplement to Clerk's/Reporter's Record 
01/28/2019Supplement to Clerk's/Reporter's Record 
01/28/2019Supplement to Clerk's/Reporter's Record 
01/25/2019Petition for Review  Petition for Review filed on behalf of New Hampshire Insurance Company.
01/19/2021Reply Brief  Reply Brief on the Merits filed on behalf of Sunsets West, Inc.
01/11/2021Call received  Call received from counsel for New Hampshire Insurance Company regarding status of motion.
01/11/2021Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Reply Brief on the Merits granted. Reply Briefs due January 19, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
01/08/2021Reply Brief  Reply Brief on the Merits filed on behalf of New Hampshire Insurance Company.
01/08/2021Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Sunsets West, Inc.
01/06/2020Motion for Extension of Time to File Response disposedFiling granted Second Motion for Extension of Time to file Responses to Petitions for Review is granted in part. Responses are due February 5, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
01/06/2020Motion for Extension of Time to File Response  Unopposed Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of Luis Alberto Rodriguez.
01/04/2021Amicus Curiae Brief received  Amicus Curiae Brief of the National Association of Subrogation Professionals submitted by Gary L. Wickert of Metthiesen, Wickert & Lehrer, S.C. in Austin, Texas.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
04/15/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Sunsets West, Inc.PetitionerMs. Jessica Z. Barger
Mr. Daniel H. Hernandez
Mr. Michael Kimball Dean
Mr. Bradley W. Snead
Ms. Marisa Ybarra-Williams
Mr. Jeffry H. Ray  
Ms. Lisa M. Wright
R.M. Personnel, Inc.PetitionerMs. Lynn Anne Coyle
Mr. Bryan H. Hall
Mr. David E. Chamberlain
Mr. Jaime Arturo Saenz
Mr. David Campbell
Mr. Timothy Brian Poteet
Mr. Craig L. Reese
Rodriguez, Luis AlbertoRespondentMr. John P. Mobbs
Mr. Enrique Moreno
Ms. Lynn Anne Coyle
National Association of Subrogation ProfessionalsAmicus CuriaeMr. Gary L. Wickert
Lee Wickert
New Hampshire Insurance CompanyPetitionerMr. Loren R. Smith
Ms. Julie Mayes Hamrick  
Court of Appeals Information:
Aff/Pt and Rev & Ren/Pt 
569 SW3d 275, 01-11-19 
8th Court of Appeals 
Honorable Yvonne Rodriguez 
Trial Court Information
County Court at Law No 3 
El Paso 
Honorable Javier Alvarez 
2007-5339