Supreme Court

Case: 19-0792    
19-0792
09/06/2019
Mandamus/Cause
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND TODD JOSEPH DAUPER 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/07/2020Response to Amicus Curiae Brief filedReal Parties in Interest Response to Amicus Brief filed on behalf of Alexander Nicastro.
12/01/2020Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amicus Curiae received from Beth Bradley.
07/14/2020Additional citations received.Relator Additonal citations filed on behalf of State Farm Mutual Automobile Insurance Company.
07/06/2020Reply BriefRelator Reply Brief on the Merits filed on behalf of State Farm Mutual Automobile Insurance Company, et al.
06/04/2020Brief on the MeritsReal Parties in Interest Real Party in Interest's Brief on the Merits filed on behalf of Alexander Nicastro.
04/15/2020Brief on the MeritsRelator Relator's Brief on the Merits filed on behalf of State Farm Mutual Automobile Insurance Company.
01/21/2020Reply to ResponseRelator Reply in support of Petition for Writ of Mandamus filed on behalf of State Farm Mutual Automobile Insurance Company, et al.
12/20/2019Response to PetitionReal Parties in Interest Response to Petition for Writ of Mandamus filed on behalf of Alexander Nicastro.
09/06/2019Petition for Writ of Mandamus filedRelator Petition for Writ of Mandamus filed on behalf of State Farm Mutual Automobile Insurance Company, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/23/2019Case forwarded to Court 
12/20/2019Response to Petition  Response to Petition for Writ of Mandamus filed on behalf of Alexander Nicastro.
12/07/2020Electronic communication sent to Party  Email sent to counsel for Real Party in Interest regarding returned filing.
12/07/2020Response to Amicus Curiae Brief filed  Response to Amicus Brief filed on behalf of Alexander Nicastro.
12/04/2019Call received  Call received from counsel for real party in interest regarding status of Motion for Extension of Time to file Response.
12/02/2020Oral argument   Argued on behalf of Relators by Armando De Diego; Argued on behalf of Real Parties in Interest by Carlos Cortez
12/02/2019Motion for Extension of Time to File Response disposedFiling granted Unopposed Motion for Extension of Time to file Response to Petition for Writ of Mandamus granted. Further requests for extensions of time will be disfavored. Response is due no later than December 20, 2019.
12/02/2019Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Writ of Mandamus filed on behalf of Alexander Nicastro.
12/01/2020Amicus Curiae Brief received  Brief of Amicus Curiae received from Beth Bradley.
11/29/2020Letter Filed  Letter filed on behalf of State Farm Automobile Insurance Company.
11/26/2019Supreme Court of Texas Requested Response  Requested response to petition for writ of mandamus due no later than December 6, 2019.
11/26/2019Stay Order issued 
11/26/2019Motion to Stay DisposedFiling granted Motion for Temporary Relief granted
11/23/2020Letter Filed  Letter filed on behalf of Alexander Nicastro.
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 Wednesday, December 2, 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 2:12:43 PM) Zoom Oral Arguments Guide for Lawyers.pdf
11/16/2020Submission Schedule 
11/11/2019Letter Filed  Letter regarding new Court of Appeals Opinion filed on behalf of State Farm Mutual Automobile Insurance Company, et al.
11/04/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Alexander Nicastro. Argument will be presented by Carlos Cortez of the Cortez Law Firm, PLLC in Dallas, Texas.
11/03/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of State Farm Mutual Automobile Insurance Company, et al. Oral Argument will be presented by Armando De Diego of the Law Office of Armando De Diego, P.C. of Dallas, Texas.
09/06/2019Petition for Writ of Mandamus filed  Petition for Writ of Mandamus filed on behalf of State Farm Mutual Automobile Insurance Company, et al.
09/06/2019Motion to Stay Filed   Motion for Temporary Relief filed on behalf of State Farm Mutual Automobile Insurance Company, et al.
09/06/2019Case Record Filed   Mandamus Record filed on behalf of State Farm Mutual Automobile Insurance Company, et al.
08/28/2020Case set for oral argumentCase set for oral argument Consolidated for oral argument with 19-0791. This case has been set for oral argument at 9:00 a.m., December 2, 2020. Time allotted to argue: 20/20 minutes
08/28/2020Mandamus Set to Argue 
08/28/2020Petition for Writ of Mandamus disposedCase set for oral argument
08/24/2021Case Stored  e-stored
07/17/2020Letter Filed  Letter in Response to Additional Citations filed on behalf of Alexander Nicastro.
07/14/2020Additional citations received.  Additonal citations filed on behalf of State Farm Mutual Automobile Insurance Company.
07/06/2020Reply Brief  Reply Brief on the Merits filed on behalf of State Farm Mutual Automobile Insurance Company, et al.
06/30/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief on the Merits is due July 6, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/11/2020Motion 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 State Farm Mutual Automobile Insurance Company, et al.
06/04/2020Brief on the Merits  Real Party in Interest's Brief on the Merits filed on behalf of Alexander Nicastro.
05/27/2020Notice from Counsel of a change in address  Notice of Change of Address of counsel.
05/24/2021Motion to Stay DisposedFiling dismissed as moot Emergency Motion for Temporary Relief dismissed as moot
05/21/2021Miscellaneous motion disposed. See Remarks.Denied Real Parties in Interest's Motion for Sanctions denied
05/21/2021Motion to Stay DisposedFiling dismissed as moot Real Parties in Interest's Emergency Motion for Temporary Relief dismissed as moot
05/21/2021Motion for Extension of Time to File Motion for Rehearing disposedWithdrawn Second Motion for Extension of Time to File Motion for Rehearing filed on behalf of State Farm is withdrawn.
05/21/2021Motion to Stay Filed   Emergency Motion for Temporary Relief filed on behalf of State Farm Automobile Insurance Company
05/10/2021Letter Filed  Status Update and Response filed on behalf of Al Dodds, et al.
05/06/2021Letter Filed  Letter filed on behalf of State Farm Mutual Automobile Insurance Comapny.
05/05/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits granted. Response Brief due June 4, 2020. Reply Brief due June 19, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/05/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Alexander Nicastro.
05/04/2021Letter Filed  Letter sur-reply filed on behalf of Alexander Nicastro.
05/04/2021Letter Filed  Letter reply filed on behalf of State Farm Mutual Automobile Insurance Company, et al.
05/04/2021Call received  Call received from counsel for Alexander Nicastro stating they intend to file a sur-reply to relator's letter.
04/30/2021Miscellaneous Motion  Motion for Sanctions, incorporated within Motion for Emergency Relief filed by Alexander Nicastro
04/30/2021Motion to Stay Filed   Response to Motion for Extension of Time and Motion for Temporary Relief and Sanctions filed on behalf of Alexander Nicastro.
04/29/2021Motion for Extension of Time to File Motion for Rehearing  Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of State Farm Mutual Automobile Insurance Company.
04/29/2021Call received  Call from attorney for Real Party in Interest stating that a response to motion for clarification will be filed by close of business tomorrow, April 30, 2021.
04/22/2021Letter Filed  Letter filed on behalf of State Farm Mutual Automobile Insurance Company, et al.
04/15/2020Brief on the Merits  Relator's Brief on the Merits filed on behalf of State Farm Mutual Automobile Insurance Company.
04/01/2021Motion 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 May 5, 2021.
03/31/2021Electronic communication sent to Party  Email sent to real party in interest to determine if they will file a written response in opposition to the motion for extension of time to file motion for rehearing.
03/31/2021Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of State Farm Mutual Automobile Insurance Company.
03/19/2021Opinion issuedWrit of Mandamus conditionally granted The Court conditionally grants the writ of mandamus. Justice Blacklock delivered the opinion of the Court.
03/19/2021Stay Order lifted  Stay order issued November 26, 2019 is lifted.
03/04/2020Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Relator's Brief on the Merits granted. Relator's Brief on the Merits due April 15, 2020. Response Brief is due May 5, 2020. Reply Brief due May 20, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/04/2020Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Relator's Brief on the Merits filed on behalf of State Farm Mutual Auto Insurance Company, et al.
02/14/2020Brief on the Merits Ordered  Brief on the merits requested:  Relator's brief due no later than March 16, 2020; Response brief due April 6, 2020; Reply brief due April 21, 2020.
01/21/2020Reply to Response  Reply in support of Petition for Writ of Mandamus filed on behalf of State Farm Mutual Automobile Insurance Company, et al.
01/03/2020MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply to Petition for Writ of Mandamus granted. Reply due January 21, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/03/2020Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply in support of Petition for Writ of Mandamus filed on behalf of State Farm Mutual Automobile Insurance Company, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/24/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Insurance Council of TexasAmicus CuriaeMs. Beth D. Bradley
Ms. Lisa Ann Songy
Mr. Matthew P. Rigney
State Farm Mutual Automobile Insurance Company and Todd Joseph DauperRelatorMr. Armando De Diego
Ms. Melissa A. Lorber
American Property Casualty Insurance Insurance AssociationAmicus CuriaeMs. Beth D. Bradley
Mr. Matthew P. Rigney
Ms. Lisa Ann Songy
Nicastro, AlexanderReal Party in Interest Ms. Meghana Wadhwani
Mr. Carlos Cortez
Mr. Matthew J. Kita
Court of Appeals Information:
Denied 
___ SW3d ___, 08-22-19 
5th Court of Appeals 
Honorable Erin Nowell 
Trial Court Information
County Court at Law No 4 
Dallas 
Honorable Paula Rosales 
CC-17-05914-D