Supreme Court

Case: 19-0605    
19-0605
07/17/2019
Petition for Review/Cause under Rule 53.1
JIM OLIVE PHOTOGRAPHY, D/B/A PHOTOLIVE, INC. 
UNIVERSITY OF HOUSTON SYSTEM  
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/09/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of J. Glynn Lunney, Professor of Law. Submitted by Saurabh Vishnubhakat of Texas A&M University School of Law.
12/14/2020Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Jim Olive Photography.
09/25/2020Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of the University of Houston System.
07/06/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Jim Olive Photography.
04/03/2020Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Jim Olive Photography d/b/a Photolive.
02/20/2020Response to PetitionRespondent Response to Petition for Review filed on behalf of The University of Houston System.
10/07/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Adam Mossoff. Submitted by April Farris of Yetter Coleman LLP, of Houston, Texas.
10/02/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief filed on behalf of the National Press Photographers Association, et al.
09/25/2019Petition for ReviewPetitioner Petition for Review filed on behalf of Jim Olive Photography d/b/a Photolive.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/30/2020Motion to Substitute filed  Motion to Substitute Counsel filed on behalf of Adam Mossoff.
12/30/2019Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of time to file Response to Petition for Review granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due February 5, 2020.
12/30/2019Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of the University of Houston System.
12/14/2020Reply Brief  Reply Brief on the Merits filed on behalf of Jim Olive Photography.
12/06/2019Supreme Court of Texas Requested Response  Requested response to petition for review due no later than January 6, 2020.
11/22/2021Notice received  Notice from the Supreme Court of the United States of Petition for Writ of Certiorari filed.
11/02/2020Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Reply Brief on the Merits granted. Reply Brief due December 14, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
11/02/2020Motion 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 Jim Olive Photography.
10/29/2019Case forwarded to Court 
10/23/2019Response Waiver filed  Response Waiver filed on behalf of The University of Houston System.
10/23/2019Notice of Appearance  Notice of Appearance and Designation of Lead Counsel filed on behalf of The University of Houston System.
10/07/2019Amicus Curiae Brief received  Amicus Curiae Brief of Adam Mossoff. Submitted by April Farris of Yetter Coleman LLP, of Houston, Texas.
10/05/2020Motion 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 November 12, 2020.
10/05/2020Motion 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 Jim Olive Photography.
10/04/2019Pro hac vice motion disposedFiling granted Motion in support of admission pro hac vice of Mickey H. Osterreicher granted.
10/04/2019Pro hac vice motion disposedFiling granted Motion for Admission for Pro Hac Vice of nonresident attorney Mickey H. Osterreicher granted.
10/04/2019Pro hac vice motion filed  Motion of Resident Attorney Alicia Calzada in Support of Mickey H. Osterreicher's Admission Pro Hac Vice filed on behalf of National Press Photographer's Association, et al.
10/04/2019Pro hac vice motion filed  Motion for Admission Pro Hac Vice of nonresident attorney Mickey H. Osterreicher filed on  behalf of National Press Photographer's Association, et al.
10/03/2019Phone call from Clerk's Office  Call made to counsel for amicus curiae regarding out-of-state attorney Mickey H. Osterreicher.
10/02/2019Amicus Curiae Brief received  Amicus Curiae Brief filed on behalf of the National Press Photographers Association, et al.
09/25/2020Brief on the Merits  Response Brief on the Merits filed on behalf of the University of Houston System.
09/25/2019Petition for Review  Petition for Review filed on behalf of Jim Olive Photography d/b/a Photolive.
08/21/2020Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Response Brief on the Merits granted. Response Brief due September 25, 2020. Reply Brief due October 12, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
08/21/2020Motion 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 The University of Houston System.
08/20/2019Second 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 September 25, 2019.
08/20/2019Second 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 Jim Olive Photography.
07/22/2021Mandate issued  Mandate & Cost Bill Issued
07/17/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due on August 26, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply brief is due on September 10, 2020.
07/17/2020Motion 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 University of Houston System.
07/17/2019Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review has been granted. Petition for Review is due on August 26, 2019.
07/17/2019Motion 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 Jim Olive Photography d/b/a Photolive.
07/17/2019Court reporter/recorder's record 
07/17/2019Clerk's Record 
07/06/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Jim Olive Photography.
06/18/2021Court approved judgment sent to attorneys of recordIssued
06/18/2021Concurring Opinion issued.Issued Justice Busby delivered a concurring opinion, in which Justice Lehrmann joined and in which Justice Blacklock joined as to Part II.
06/18/2021Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment. Justice Devine delivered the opinion of the Court.
(6/18/2021 12:57:23 PM) 190605c.pdf, 190605.pdf, 19-0605.jmt.pdf
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.
04/03/2020Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Jim Olive Photography d/b/a Photolive.
03/24/2022Notice received  Notice from the Supreme Court of the United States that the Petition for Writ of Certiorari was denied.
03/18/2020Call received  Call received from counsel for petitioner regarding the status of the Motion for Extension of Time to file Reply.
03/18/2020MET to file reply disposed ofFiling granted Second Motion for Extension of Time to file Reply to Petition for Review granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply is due April 3, 2020.
03/17/2020Motion to Extend Time to File Reply filed  Unopposed Second Motion for Extension of Time to file Reply to Petition for Review filed on behalf of Jim Olive Photography d/b/a Photolive.
03/02/2020MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply to Petition for Review granted. Reply due March 20, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/02/2020Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply to Petition for Review filed on behalf of Jim Olive Photography d/b/a Photolive.
02/25/2021Oral argument   Argued on behalf of Petitioner by Owen J. McGovern; Argued on behalf of Respondent by Rance Craft
02/22/2021Submission Schedule 
02/20/2020Response to Petition  Response to Petition for Review filed on behalf of The University of Houston System.
02/09/2021Amicus Curiae Brief received  Amicus Brief of J. Glynn Lunney, Professor of Law. Submitted by Saurabh Vishnubhakat of Texas A&M University School of Law.
01/30/2020Motion for Extension of Time to File Response disposedFiling granted Second Motion for Extension of Time to file Response to Petition for Review granted. Response due February 20, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
01/30/2020Motion for Extension of Time to File Response  Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of The University of Houston System.
01/29/2021Motion to withdraw disposed ofFiling granted Motion to Withdraw Kyle Hawkins as counsel is granted.
01/29/2021Motion to Withdraw Filed  Motion to Withdraw filed on behalf of Kyle Hawkins, counsel for Respondent, The University of Houston System.
01/25/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Jim Olive Photography. Argument will be presented by Owen J. McGovern of Beck Redden, LLP in Houston Texas.
01/25/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of The University of Houston System. Argument will be presented by Rance Craft of the Attorney General's Office of Austin, Texas.
01/20/2021Motion to withdraw disposed ofFiling granted Motion to Withdraw and Substitute Counsel granted.
01/19/2021Call received  Call from Amicus Party regarding status of motion to substitute counsel.
01/15/2021Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 25, 2021.  Time allotted to argue: 20/20 minutes
01/15/2021Petition for Review disposedFiling granted
01/15/2021Petition for Review granted 
01/07/2021Call received  Call received from counsel for Adam Mossoff regarding returned filing.
01/07/2021Electronic communication received from Party  Email received from counsel for Adam Mossoff regarding returned filings.
01/06/2021Phone call from Clerk's Office  Call made to counsel for Adam Mossoff regarding returned filing.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/22/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Mossoff, AdamAmicus CuriaeMs. Constance H. Pfeiffer
North American Nature Photography AssociationAmicus CuriaeMr. Thomas Maddrey
Ms. Alicia Calzada
Mr. Mickey H. Osterreicher
J. Glynn Lunney, Professor of LawAmicus CuriaeSaurabh Vishnubhakat
Graphic Artists Guild, Inc.Amicus CuriaeMs. Alicia Calzada
Mr. Mickey H. Osterreicher
Mr. Thomas Maddrey
Digital Media Licensing Association, Inc.Amicus CuriaeMr. Thomas Maddrey
Mr. Mickey H. Osterreicher
Ms. Alicia Calzada
American Society of Media PhotographersAmicus CuriaeMr. Mickey H. Osterreicher
Mr. Thomas Maddrey
Jim Olive Photography, d/b/a Photolive PetitionerMr. David Gunn
Mr. Joe W. Redden Jr.
Mr. Owen J. McGovern
Professional Photographers of AmericaAmicus CuriaeMr. Thomas Maddrey
Mr. Mickey H. Osterreicher
Ms. Alicia Calzada
American Photographic ArtistsAmicus CuriaeMs. Alicia Calzada
Mr. Mickey H. Osterreicher
Mr. Thomas Maddrey
The University of Houston SystemRespondentMr. Jeffrey C. Mateer
Ms. Anne M. Mackin
Mr. W. Kenneth Paxton
Mr. Ryan L. Bangert
Mr. Bill Davis
Mr. Rance L. Craft
National Press Photographers AssociationAmicus CuriaeMs. Alicia Calzada
Mr. Mickey H. Osterreicher
Court of Appeals Information:
Reverse & Render 
580 SW3d 360, 06-11-19 
1st Court of Appeals 
Honorable Richard F. Hightower 
Trial Court Information
295th District Court 
Harris 
Honorable Caroline E. Baker 
2017-84942