Supreme Court

Case: 19-0475    
19-0475
06/04/2019
Second Petition for Review/Cause under Rule 53.1
DATA FOUNDRY, INC. 
CITY OF AUSTIN, TEXAS 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/10/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of CPS Energy and Texas Public Power Association submitted by Carolyn Shellman of CPS Energy and Carl Shahady of Tiemann Shahady & Hamala PC.
07/10/2020Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Data Foundry, Inc.
07/10/2020Reply BriefPetitioner Reply Brief on the Merits filed on behalf of City of Austin.
06/04/2020Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of City of Austin.
06/04/2020Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Data Foundry, Inc.
05/28/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of State of Texas submitted by Rance Craft.
04/15/2020Brief on the MeritsEvent related to subsequent petition filed in case. Brief on the Merits filed on behalf of Data Foundry, Inc.
04/15/2020Brief on the MeritsPetitioner Brief on the Merits filed on behalf of City of Austin.
01/23/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Public Power Association and CPS Energy submitted by Carolyn Shellman of CPS Energy and Carl Shahady of Tiemann Shahady & Hamala PC.
01/10/2020Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of City of Austin.
01/10/2020Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Data Foundry, Inc.
12/12/2019Response to PetitionRespondent Response to Petition for Review filed on behalf of Data Foundry, Inc.
12/12/2019Response to PetitionRespondent Response to Petition for Review filed on behalf of the City of Austin.
12/09/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Public Policy Foundation submitted by Robert Henneke of Austin, Texas.
08/07/2019Petition for Review #2Event related to subsequent petition filed in case. Petition for Review filed on behalf of Data Foundry, Inc.
08/07/2019Petition for ReviewPetitioner Petition for Review filed on behalf of the City of Austin.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/23/2019MET to file reply disposed ofFiling granted Motion for Extension of Time to file Replies to Petitions for Review granted. Replies due January 10, 2020. FURTHER REQUESTS FOR EXTESNIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/23/2019Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Replies to Petitions for Review filed on behalf of the City of Austin and Data Foundry, Inc.
12/12/2019Response to Petition  Response to Petition for Review filed on behalf of Data Foundry, Inc.
12/12/2019Response to Petition  Response to Petition for Review filed on behalf of the City of Austin.
12/09/2019Amicus Curiae Brief received  Amicus Curiae Brief of Texas Public Policy Foundation submitted by Robert Henneke of Austin, Texas.
12/03/2020Oral argument   Argued on behalf of Petitioner/Cross-Respondent by Wallace B. Jefferson; Argued on behalf of Respondent/Cross-Petitioner by Thomas L. Brocato
12/03/2020Oral argument   Argued on behalf of Petitioner/Cross-Respondent by Wallace B. Jefferson; Argued on behalf of Respondent/Cross-Petitioner by Thomas L. Brocato
11/16/2020Letter 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 Thursday, December 3, 2020. 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."
(11/16/2020 2:52:44 PM) Zoom Oral Arguments Guide for Lawyers.pdf
11/16/2020Submission Schedule 
11/11/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Petitioner, Data Foundry, Inc. Oral Argument will be presented by Wallace B. Jefferson of   Alexander Dubose & Jefferson LLP of Austin, Texas.
11/07/2019Motion for Extension of Time to File Response disposedFiling granted Joint Motion for Extension of Time to file Response to Petition for Review granted.  Further requests for extensions of time will be disfavored.  Responses are due no later than December 12, 2019.
11/07/2019Motion for Extension of Time to File Response  Joint Motion for Extension of Time to file Response to Petition for Review filed on behalf of City of Austin, et al.
10/28/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Respondent/Cross-Petitioner, City of Austin, Texas. Oral Argument will be presented by Thomas L. Brocato of Lloyd Gosselink Rochelle & Townsend, P.C. of Austin, Texas.
10/11/2019Supreme Court of Texas Requested Response  Requested responses to petitions for review due no later than November 12, 2019.
09/10/2019Case forwarded to Court 
09/10/2019Case forwarded to Court 
08/28/2020Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 3, 2020. Time allotted to argue: 20/20 minutes
08/28/2020Petition for Review disposedFiling granted
08/28/2020Petition for Review granted 
08/28/2020Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., December 3, 2020. Time allotted to argue: 20/20 minutes
08/28/2020Petition for Review disposedFiling granted
08/28/2020Petition for Review granted 
08/10/2020Amicus Curiae Brief received  Amicus Curiae Brief of CPS Energy and Texas Public Power Association submitted by Carolyn Shellman of CPS Energy and Carl Shahady of Tiemann Shahady & Hamala PC.
08/09/2019Response Waiver filed  Response Waiver filed on behalf of the City of Austin.
08/07/2019Petition for Review #2  Petition for Review filed on behalf of Data Foundry, Inc.
08/07/2019Petition for Review  Petition for Review filed on behalf of the City of Austin.
07/10/2020Reply Brief  Reply Brief on the Merits filed on behalf of Data Foundry, Inc.
07/10/2020Reply Brief  Reply Brief on the Merits filed on behalf of City of Austin.
07/02/2019Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Joint Motion for Extension of Time to file Petitions for Review is granted. Petitions for Review are due August 7, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/02/2019Second Motion for Extension of Time to File Petition for Review filed  Second Joint Motion for Extension of Time to file Petitions for Review filed on behalf of Data Foundry, Inc. and City of Austin.
06/15/2020Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Reply Briefs on the Merits filed on behalf of all parties. Reply briefs due no later than July 10, 2020. FURTHER REQUESTS FOR THIS FILING WILL BE DISFAVORED.
06/15/2020Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Reply Briefs on the Merits filed on behalf of all parties.
06/04/2020Brief on the Merits  Respondent's Brief on the Merits filed on behalf of City of Austin.
06/04/2020Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Data Foundry, Inc.
06/04/2019Motion for Extension of Time to File Petition for Review disposedFiling granted Joint Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due July 8, 2019.
06/04/2019Motion for Extension of Time to File Petition for Review filed  Joint Motion for Extension of Time to file Petition for Review filed on behalf of Data Foundry, Inc. and City of Austin, Texas.
06/04/2019Clerk's Record 
05/28/2020Amicus Curiae Brief received  Amicus Curiae Brief of State of Texas submitted by Rance Craft.
05/13/2021Mandate issued  Mandate & Cost Bill Issued
04/30/2020Motion for Extension of Time disposed.Filing granted Joint 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 June 4, 2020; and Reply brief is due June 19, 2020.
04/30/2020Motion for Extension of Time to File Brief filed  Respondent's Brief on the Merits filed on behalf of City of Austin, et al.
04/15/2020Brief on the Merits  Brief on the Merits filed on behalf of Data Foundry, Inc.
04/15/2020Brief on the Merits  Brief on the Merits filed on behalf of City of Austin.
04/09/2021Court approved judgment sent to attorneys of recordIssued
04/09/2021Opinion issuedIssued The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court. Justice Huddle delivered the opinion of the Court.
04/09/2021Opinion issuedCourt affirms in part and reverses in part CA judgment and remands to trial court The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court. Justice Huddle delivered the opinion of the Court.
03/11/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Brief on the Merits granted. Petitioners' Brief on the Merits are due April 15, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief on the Merits are due May 5, 2020. Reply Briefs are due May 20, 2020.
03/11/2020Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Brief on the Merits.
02/14/2020Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than March 16, 2020; Response brief due April 6, 2020; Reply brief due April 21, 2020.
01/23/2020Amicus Curiae Brief received  Amicus Curiae Brief of Texas Public Power Association and CPS Energy submitted by Carolyn Shellman of CPS Energy and Carl Shahady of Tiemann Shahady & Hamala PC.
01/10/2020Reply to Response  Reply to Response to Petition for Review filed on behalf of City of Austin.
01/10/2020Reply to Response  Reply in Support of Petition for Review filed on behalf of Data Foundry, Inc.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
05/13/2021StatusCase to be stored 
Parties
Party▲▼Party Type▲▼Representative▲▼
State of TexasAmicus CuriaeAtty. Gen. W. Kenneth Paxton Jr.
Mr. Ryan L. Bangert
Mr. Jeffrey C. Mateer
Mr. Rance L. Craft
Mr. Kyle D. Hawkins
CPS EnergyAmicus CuriaeMs. Carolyn E. Shellman
Texas Public Policy FoundationAmicus CuriaeMr. Robert E. Henneke
Texas Public Power AssociationAmicus CuriaeMr. Carl Joseph Shahady
Data Foundry, Inc.PetitionerMr. W. Scott McCollough
Mr. Wallace B. Jefferson  
Mr. Nicholas Bacarisse
Mr. Robert C. Alden
Ms. Rachel A. Ekery  
Office of the Attorney GeneralOther interested party Mr. Adam Biggs
Mr. David Hacker
City of Austin, TexasRespondentChristopher Lee Brewster
Ms. Meghan Riley  
Ms. Anne L. Morgan
Mr. Michael Siegel
Mr. Thomas Lane Brocato
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
575 SW3d 92, 04-23-19 
14th Court of Appeals 
Honorable Tracy K. Christopher 
Trial Court Information
419th District Court 
Travis 
Honorable Jan Soifer 
D-1-GN-17-000937