Supreme Court

Case: 19-0612    
19-0612
07/18/2019
Petition for Review/Cause under Rule 53.1
MOSAIC BAYBROOK ONE, L.P. AND MOSAIC BAYBROOK TWO, L.P. 
PAUL SIMIEN 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/07/2023Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of Mosaic Baybrook One, L.P., et al.
03/03/2023Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of Mosaic Baybrook One, L.P., et al.
09/26/2022Post submission brief filedRespondent Response to Post-Submission Brief filed on behalf of Paul Simien
09/23/2022Post submission brief filedPetitioner Post Submission Letter Brief filed on behalf of Mosaic Baybrook One, L.P., et al.
09/20/2022Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Paul Simien.
09/19/2022Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of Mosaic Baybrook One, L.P., et al.
02/10/2021Response to Amicus Curiae Brief filedRespondent Response to Industrial Specialists, LLC Amicus Letter filed on behalf of Paul Simien.
02/08/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Industrial Specialists, LLC submitted by Jessica Barger of Wright Close & Barger, LLP in Houston, Texas.
09/30/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Apartment Association, Inc. submitted by Sandy Garcia Hoy of Texas Apartment Association, Inc. of Austin, Texas.
07/16/2020Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Mosaic Baybrook One, L.P., et al.
06/01/2020Brief on the MeritsRespondent Respondent’s Brief on the Merits filed on behalf of Paul Simien.
05/11/2020Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of Mosaic Baybrook One, LP, et al.
02/27/2020Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of Baybrook One, L.P., et al.
01/13/2020Response to PetitionRespondent Response to Petition for Review filed on behalf of Paul Simien.
08/30/2019Petition for ReviewPetitioner Petition for Review filed on behalf of Mosaic Baybrook One, L.P., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/27/2019Motion for Extension of Time to File Response disposedFiling granted Second Motion for Extension of Time to file Response to Petition for Review is granted. Response is due January 16, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
12/27/2019Motion for Extension of Time to File Response  Second Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Paul Simien.
11/25/2019Motion 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 will be disfavored.  Response is due no later than January 2, 2020.
11/25/2019Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of Paul Simien.
11/01/2019Supreme Court of Texas Requested Response  Requested response to petition for review due no later than December 2, 2019.
10/01/2019Case forwarded to Court 
09/30/2020Amicus Curiae Brief received  Amicus Curiae Brief of Texas Apartment Association, Inc. submitted by Sandy Garcia Hoy of Texas Apartment Association, Inc. of Austin, Texas.
09/30/2019Response Waiver filed  Response waiver filed on behalf of Paul Simien.
09/29/2023Motion to dismiss disposedDenied Motion to Dismiss denied
09/29/2023Mandate issued  Mandate & Cost Bill Issued
09/29/2023Motion for Rehearing - DisposedDenied
09/26/2022Post submission brief filed  Response to Post-Submission Brief filed on behalf of Paul Simien
09/23/2022Post submission brief filed  Post Submission Letter Brief filed on behalf of Mosaic Baybrook One, L.P., et al.
09/21/2022Oral argument   Argued on behalf of Petitioners by Dylan B. Russell; Argued on behalf of Respondents by Russell Post
09/20/2022Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Paul Simien.
09/19/2022Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Mosaic Baybrook One, L.P., et al.
09/16/2022Submission Schedule 
09/08/2022Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Paul Simien. Oral Argument will be presented by Russell Post of Beck Redden LLP, of Houston, Texas.
08/30/2019Petition for Review  Petition for Review filed on behalf of Mosaic Baybrook One, L.P., et al.
08/28/2019Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition for Review is due on August 30, 2019.
08/28/2019Second 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 Mosaic Baybrook One, L.P., et al.
08/12/2022Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Mosaic Baybrook One, L.P., et al. Oral Argument will be presented by Dylan B. Russell of Hoover Slovacek, L.L.P., Houston, Texas.
08/11/2023Reply to Response to Motion  Reply to Response to Motion to Dismiss filed on behalf of Mosaic Baybrook One, L.P., et al.
08/02/2023Letter Filed  Letter filed on behalf of Mosaic Baybrook One, L.P., et al.
07/31/2023Response to Motion filed  Response to Motion to Dismiss filed on behalf of Paul Simien.
07/18/2019Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review filed on behalf of Mosaic Baybrook One, L.P., et al. is granted. The Petition for Review is due August 28, 2019.
07/18/2019Motion 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 Mosaic Baybrook One, L.P., et al.
07/18/2019Supplement to Clerk's/Reporter's Record 
07/16/2020Reply Brief  Reply Brief on the Merits filed on behalf of Mosaic Baybrook One, L.P., et al.
07/12/2023Supreme Court of Texas Requested Response  Requested response to Motion to Dismiss due no later than 5:00 p.m., August 2, 2023.
07/10/2023Electronic communication sent to Party  Email sent to counsel for Respondent regarding response to Motion to Dismiss.
07/10/2023Case forwarded to Court 
07/07/2023Motion to dismiss  Motion to Dismiss filed on behalf of Mosaic Baybrook One, L.P., et al.
07/07/2023Motion for Rehearing  Motion for Rehearing filed on behalf of Mosaic Baybrook One, L.P., et al.
07/06/2020Call received  Call received from counsel for Petitioner regarding the record.
06/24/2022Case set for oral argumentCase set for oral argument Consolidated for oral argument with 21-0159 and 21-0161.  The case has been set for oral argument at 9 a.m., September 21, 2022. Time allotted to argue: 30/30 minutes
06/16/2020Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Reply Brief on the Merits Granted. Further requests for extensions of time will be disfavored. Reply brief on the Merits is due no later than July 16, 2020.
06/16/2020Motion 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 Mosaic Baybrook One, L.P., et al.
06/08/2023Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second Motion for Extension of Time to file Motion for Rehearing granted. No further extensions of time will be considered. Motion for Rehearing is due no later than July 7, 2023.
06/08/2023Electronic communication received from Party  Respondent is unopposed to second motion for extension of time to file motion for rehearing.
06/08/2023Electronic communication sent to Party  Email sent to respondent to determine if they are opposed or unopposed to the second motion for extension of time to file motion for rehearing.
06/07/2023Motion for Extension of Time to File Motion for Rehearing  Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of Mosaic Baybrook One, L.P., et al.
06/03/2022Petition for Review disposedFiling granted
06/03/2022Petition for Review granted 
06/01/2020Brief on the Merits  Respondent’s Brief on the Merits filed on behalf of Paul Simien.
05/11/2020Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Mosaic Baybrook One, LP, et al.
05/03/2023Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed 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 June 7, 2023.
05/02/2023Call received  Call received from counsel for Petitioner.
05/02/2023Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Mosaic Baybrook One, L.P., et al.
04/21/2023Court approved judgment sent to attorneys of recordIssued
04/21/2023Dissenting opinion issued.Issued Justice Bland filed a dissenting opinion, in which Chief Justice Hecht, Justice Blacklock, and Justice Huddle joined.
04/21/2023Opinion issuedCourt affirms trial court's partial summary judgment The Court affirms the trial court's partial summary judgment. Justice Busby delivered the opinion of the Court, in which Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Young joined.
(4/21/2023 4:40:24 PM) 190612 & 210159d.pdf, 190612 & 210159.pdf, 19-0612&21-0159.jmt.pdf
04/17/2020Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief on the Merits due May 11, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Respondent's Brief on the Merits is due June 1, 2020. Reply Brief is due June 16, 2020.
04/17/2020Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Mosaic Baybrook One, L.P., et al.
04/09/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief on the Merits is due April 27, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's Brief on the Merits is due May 18, 2020. Reply Brief is due June 2, 2020.
04/09/2020Motion 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 Mosaic Baybrook One, L.P., et al.
03/13/2020Brief on the Merits Ordered  Briefs on the merits requested:  Petitioner's brief due no later than April 13, 2020; Response brief due May 4, 2020; Reply brief due May 19, 2020.
03/03/2023Post submission brief filed  Post-Submission Letter Brief filed on behalf of Mosaic Baybrook One, L.P., et al.
02/27/2020Reply to Response  Reply in support of Petition for Review filed on behalf of Baybrook One, L.P., et al.
02/11/2021Letter Filed  Reply to Paul Simien's Response to Amicus Letter filed on behalf of Mosaic Baybrook Once, L.P., et al.
02/10/2021Response to Amicus Curiae Brief filed  Response to Industrial Specialists, LLC Amicus Letter filed on behalf of Paul Simien.
02/08/2021Amicus Curiae Letter Received  Amicus Curiae Letter of Industrial Specialists, LLC submitted by Jessica Barger of Wright Close & Barger, LLP in Houston, Texas.
01/22/2020MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply to Petition for Review granted. Reply due February 27, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/22/2020Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply in support of Petition for Review filed on behalf of Mosaic Baybrook One, L.P., et al.
01/13/2020Response to Petition  Response to Petition for Review filed on behalf of Paul Simien.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/29/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Simien, PaulRespondentMr. Russell S. Post
Mr. Joshua S. Smith
Mr. R. Martin Weber Jr.
Mr. Jason Snell
Mr. Martin S. Schexnayder
Mr. Britton D. Monts
Mr. Richard E. Norman
Alexander Price
Mosaic Baybrook Two, L.P. PetitionerMr. Dylan Russell
Mosaic Baybrook One, L.P.PetitionerMr. Dylan Russell
Industrial Specialists, LLCAmicus CuriaeMs. Jessica Z. Barger
Texas Apartment Association, Inc.Amicus CuriaeSandy Hoy
Court of Appeals Information:
Dismiss and Deny 
644 SW3d 671, 02-12-19 
1st Court of Appeals 
Honorable Per Curiam 
Trial Court Information
133rd District Court 
Harris 
Honorable Jaclanel M. McFarland 
2017-08379