Supreme Court

Case: 19-0410    
19-0410
05/13/2019
Petition for Review/Cause under Rule 53.1
APACHE CORPORATION 
CATHRYN C. DAVIS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/11/2021Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Cathryn Davis.  
04/27/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter received on behalf of National Women's Law Center.
04/05/2021Post submission brief filedRespondent Post-Submission Letter filed on behalf of Cathryn C. Davis.
03/19/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of The Chamber of Commerce of the United States of America in Support of Petitioner.  Submitted by Ms. Allison Stewart and Mr. Dale Wainwright with Greenberg Traurig, LLP.
02/26/2021Petition Reinstated 
02/01/2021Reply to ResponsePetitioner Reply in support of Motion for Rehearing filed on behalf of Apache Corporation.
11/18/2020Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of Apache Corporation.
07/28/2020Surreply filedRespondent Sur-Reply filed on behalf of Cathryn C. Davis.
06/02/2020Reply to Amicus Curiae BriefRespondent Respondent's Reply to Response to Amicus Brief filed on behalf of Cathryn C. Davis.
05/26/2020Reply to Amicus Curiae BriefPetitioner Petitioner's Response to AARP Amicus Brief filed on behalf of Apache Corp.
05/13/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief Supporting Respondent received on behalf of AARP and AARP Foundation.
03/10/2020Brief on the MeritsPetitioner's Reply Brief Reply Brief on the Merits filed on behalf of Apache Corporation.
02/19/2020Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Cathryn C. Davis.
01/13/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Apache Corporation.
12/09/2019Amicus Curiae Brief receivedReceived (instead of filed) Redrafted Amicus Curiae Brief submitted by Wolfgang P. Hirczy de Mino, PhD.
11/12/2019Amicus Curiae Brief receivedReceived (instead of filed) STRUCK | Amicus Curiae Brief submitted by Wolfgang P. Hirczy de Mino, PhD.
11/06/2019Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of Apache Corporation
10/22/2019Response to PetitionRespondent Response to Petition for Review filed on behalf of Cathryn Davis.
06/27/2019Petition for ReviewPetitioner Petition for Review filed on behalf of Apache Corporation.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/13/2019Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than January 13, 2020; Response brief due February 3, 2020; Reply brief due February 18, 2020.
12/09/2019Amicus Curiae Brief received  Redrafted Amicus Curiae Brief submitted by Wolfgang P. Hirczy de Mino, PhD.
12/04/2019Document filed with Court struck (see remarks)Filed document is struck by the Court Amicus Curiae Brief submitted by Wolfgang P. Hirczy de Mino, PhD violates Texas Rules of Appellate Procedure 9.4(h) and 11(c) and is struck. Redrafted Amicus Brief is due December 9, 2019.
11/26/2019Phone call from Clerk's Office  Call made to Wolfgang P. Hirczy de Mino regarding returned Amicus Brief.
11/24/2020Case forwarded to Court 
11/20/2019Letter Filed  Letter regarding correction to Response to Petition for Review filed on behalf of Cathryn C. Davis.
11/18/2020Motion for Rehearing  Motion for Rehearing filed on behalf of Apache Corporation.
11/18/2019Phone call from Clerk's Office  Call made to Wolfgang P. Hirczy de Mino regarding returned Amicus Brief.
11/12/2019Amicus Curiae Brief received  STRUCK | Amicus Curiae Brief submitted by Wolfgang P. Hirczy de Mino, PhD.
11/06/2019Reply to Response  Reply in support of Petition for Review filed on behalf of Apache Corporation
10/22/2019Response to Petition  Response to Petition for Review filed on behalf of Cathryn Davis.
10/15/2020Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due no later than November 18, 2020.
10/14/2020Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Apache Corporation.
10/02/2020Petition for Review disposedDenied with Justice not sitting. (Justice Busby and Justice Bland not participating)
10/02/2019Motion for Extension of Time to File Response disposedFiling granted Second Motion for Extension of Time to file Response to Petition for Review granted.  No further extensions of time will be considered.  Response is due no later than November 15, 2019.
10/02/2019Motion for Extension of Time to File Response  Second Motion for Extension of Time to file Response to Petition for Review field on behalf of Cathryn C. Davis.
09/07/2021Case Stored  e-stored
09/05/2019Motion to withdraw disposed ofFiling granted Motion to Withdraw Jane Bland as Lead Counsel and Substitute Patrick Mizell as Lead Counsel for Petitioner has been granted.
09/05/2019Motion to Withdraw Filed  Motion to Withdraw Jane Bland as counsel for Apache Corporation.
09/03/2021Mandate issued  Mandate & Cost Bill Issued
09/03/2021Motion to Exceed Word Limit disposedFiling dismissed as moot Respondent's Motion for Leave to Exceed Word Limit dismissed as moot
09/03/2021Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Busby and Justice Bland not participating)
08/26/2019Motion 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 no later than October 16, 2019.
08/26/2019Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Cathryn C. Davis.
08/16/2019Supreme Court of Texas Requested Response  Requested response to petition for review due no later than September 16, 2019.
08/12/2021Case forwarded to Court 
08/11/2021Motion for Rehearing  Motion for Rehearing filed on behalf of Cathryn Davis.  
08/10/2021Call received  Call from respondent regarding status of motion to exceed word limit.
07/29/2021Electronic communication received from Party  Email received from counsel for Petitioner regarding filed Motion.
07/28/2021Electronic communication sent to Party  Email sent to counsel for Petitioner regarding filed Motion.
07/28/2021Call received  Call received from counsel for Respondents inquiring about eFiling a motion.
07/28/2021Motion to Exceed Word Limit  Motion for Leave to Exceed Word Limit For Motion for Rehearing filed on behalf of Cathryn C. Davis.
07/28/2020Surreply filed  Sur-Reply filed on behalf of Cathryn C. Davis.
07/27/2020Motion to withdraw disposed ofFiling granted Motion to Withdraw Brian Zimmerman as counsel granted.
07/27/2020Electronic communication received from Party  Email received from counsel for respondent regarding returned filing.
07/27/2020Motion to Withdraw Filed  Motion to Withdraw Brian Zimmerman as counsel filed on behalf of Cathryn C. Davis.
07/27/2020Call received  From Mr. Brian Zimmerman to inform the Court that he no longer represents the respondent.
07/16/2019Case forwarded to Court 
07/15/2019Response Waiver filed  Response Waiver filed on behalf of Cathryn Davis.
07/01/2021Motion 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 due August 11, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/01/2021Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Cathryn C. Davis.
06/27/2019Petition for Review  Petition for Review filed on behalf of Apache Corporation.
06/25/2021Court approved judgment sent to attorneys of recordIssued
06/25/2021Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses the court of appeals' judgment and renders judgment.  Chief Justice Hecht delivered the opinion of the Court.  (Justice Busby and Justice Bland did not participating)
(6/25/2021 5:29:43 PM) 190410.pdf, 19-0410.jmt.pdf
06/02/2020Reply to Amicus Curiae Brief  Respondent's Reply to Response to Amicus Brief filed on behalf of Cathryn C. Davis.
05/27/2020Letter Filed  Letter to Court advising that respondent will file a reply to Apache's response by June 3, 2020, filed on behalf of Cathryn Davis.
05/26/2020Reply to Amicus Curiae Brief  Petitioner's Response to AARP Amicus Brief filed on behalf of Apache Corp.
05/14/2019Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review granted.  Petition for Review is due no later than July 8, 2019.
05/13/2020Amicus Curiae Brief received  Amicus Brief Supporting Respondent received on behalf of AARP and AARP Foundation.
05/13/2019Motion 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 Apache Corporation.
05/13/2019Supplement to Clerk's/Reporter's Record 
05/13/2019Court reporter/recorder's record 
05/13/2019Supplement to Clerk's/Reporter's Record 
05/13/2019Supplement to Clerk's/Reporter's Record 
05/13/2019Court reporter/recorder's record 
05/13/2019Clerk's Record 
05/13/2019Clerk's Record 
04/27/2021Amicus Curiae Letter Received  Amicus Letter received on behalf of National Women's Law Center.
04/22/2020Letter Filed  Letter regarding intent to file Amicus Curiae Brief filed on behalf of AARP and AARP Foundation.
04/07/2021Letter Filed  Letter Reply filed on behalf of Cathryn C. Davis.
04/06/2021Letter Filed  Letter response filed on behalf of Apache Corporation.
04/05/2021Post submission brief filed  Post-Submission Letter filed on behalf of Cathryn C. Davis.
03/23/2021Oral argument   Argued on behalf of Petitioner by Patrick W. Mizell; Argued on behalf of Respondent by Scott Newar; Argued on behalf of Amicus Curiae by Dara S. Smith
03/19/2021Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of The Chamber of Commerce of the United States of America in Support of Petitioner.  Submitted by Ms. Allison Stewart and Mr. Dale Wainwright with Greenberg Traurig, LLP.
03/16/2021Submission Schedule 
03/15/2021Call received  Call from counsel regarding oral argument time allotment.
03/12/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Amici Curiae, AARP Foundation and AARP. Oral Argument will be presented by Dara S. Smith of AARP Foundation of Washington, DC.
03/12/2021Motion to Argue disposedFiling granted AARP and AARP Foundation's Motion to Participate at Oral Argument granted.  Time allotted to argue: 20/15/5 minutes.  (Justice Busby and Justice Bland not participating)
03/10/2020Brief on the Merits  Reply Brief on the Merits filed on behalf of Apache Corporation.
03/05/2021Call received  Call received from counsel for AARP, et al. regarding oral argument.
03/05/2021Motion to Argue filed  Motion to Participate at Oral Argument filed on behalf of AARP and AARP Foundation.
03/05/2021Pro hac vice motion disposedFiling granted Motion in support of Admission Pro Hac Vice of Dara S. Smith granted.
03/05/2021Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice of Dara S. Smith granted.
03/05/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Apache Corporation. Argument will be presented by Patrick W. Mizell of Vinson & Elkins LLP in Houston, Texas.
03/05/2021Oral Argument Submission Form from Attorney received  Oral Argument submission form filed on behalf of Cathryn Davis. Oral argument will be presented by Scott Newar of Newar Law Firm of Houston, Texas.
03/04/2021Pro hac vice motion filed  Motion in support of Admission Pro Hac Vice of Dara S. Smith filed on behalf of AARP, et al.
03/04/2021Pro hac vice motion filed  Motion for Admission Pro Hac Vice of Dara S. Smith filed on behalf of AARP, et al.
02/26/2021Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., March 23, 2021.  Time allotted to argue: 20/20 minutes (Justice Busby and Justice Bland not participating)
02/26/2021Petition for Review disposedFiling granted
02/26/2021Petition for Review granted 
02/26/2021Petition Reinstated 
02/26/2021Previous Order of the Court withdrawn  Denial of petition for review on October 2, 2020 is withdrawn
02/26/2021Motion for Rehearing - DisposedFiling granted
02/20/2020Call received  Call received from respondent regarding resubmission of brief on the merits.
02/19/2020Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Cathryn C. Davis.
02/03/2021Letter Filed  Letter filed on behalf of Cathryn C. Davis.
02/01/2021Reply to Response  Reply in support of Motion for Rehearing filed on behalf of Apache Corporation.
01/25/2021Response to Motion filed  Response to Motion for Rehearing filed on behalf of Cathryn C. Davis.
01/21/2020Motion 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 will be disfavored. Respondent's brief is due no later than March 4, 2020; and Reply brief is due March 19, 2020.
01/21/2020Motion for Extension of Time to File Brief filed  Respondent's Brief on the Merits filed on behalf of Cathryn C. Davis.
01/13/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Apache Corporation.
01/08/2021Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than January 25, 2021.
01/08/2021Call received  Call received from counsel inquiring about the status of the case.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/07/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
AARPAmicus CuriaeMr. John W. Griffin Jr.
Dara S. Smith
Apache CorporationPetitionerMr. John Zavitsanos
Ms. Jane Langdell Robinson
Mr. Patrick W. Mizell
Ms. Catherine 'Cathy' B. Smith
Ms. Andrea Cohen Haim
Mr. Timothy C. Shelby
Mr. Cameron Byrd
Mr. Adam A. Milasincic  
Davis, Cathryn C.RespondentMr. Dennis G. Herlong
Mr. Scott David Newar
Hirczy De Mino, PhD, Wolfgang P.Amicus CuriaeMr. Wolfgang P. Hirczy De Mino PhD
National Women's Law CenterAmicus CuriaeMs. Katrina Patrick
The Chamber of Commerce of the U.S.A.Amicus CuriaeMr. Dale Wainwright  
Ms. Allison M.P. Stewart
AARP FoundationAmicus CuriaeDara S. Smith
Mr. John W. Griffin Jr.
Court of Appeals Information:
Aff As Mod 
573 SW3d 475, 04-23-19 
14th Court of Appeals 
Honorable Kenneth Price Wise 
Trial Court Information
152nd District Court 
Harris 
Honorable Robert K. Schaffer 
2014-23898