Supreme Court

Case: 19-0835    
19-0835
09/18/2019
Petition for Review/Cause under Rule 53.1
NORTHLAND INDUSTRIES, INC., D/B/A MAGNUM FITNESS , JHTNA MANUFACTURING, L.L.C., AND JOHSNON HEALTH TECH NORTH AMERICA, INC. 
GILBERT KOUBA, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF AUDREY KOUBA, KAREN WILLIAMS AND CURTIS KOUBA  
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/24/2020Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Gilbert Kouba, et al.
10/19/2020Post submission brief filedRespondent Post Submission Letter filed on behalf of Gilbert Kouba, et al.
05/19/2020Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Northland Industries, Inc., et al.
05/04/2020Brief on the MeritsRespondent Respondent's Brief on the Merits filed on ben behalf of Gilbert Kouba, et al.
04/09/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of JHTNA Manufacturing, LLC, et al.
01/29/2020Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of JHTNA Manufacturing LLC, et al.
01/06/2020Response to PetitionRespondent Response to Petition for Review filed on behalf of Gilbert Kouba, et al.
10/25/2019Petition for ReviewPetitioner Petition for Review filed on behalf of JHTNA Manufacturing, LLC and Johnson Health Tech North America, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
11/25/2019Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review is granted in part. Response is due January 6, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/25/2019Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Gilbert Kouba, et al.
11/24/2020Case forwarded to Court 
11/24/2020Motion for Rehearing  Motion for Rehearing filed on behalf of Gilbert Kouba, et al.
11/13/2019Call received  Call received from counsel for Petitioner regarding parties listed on the case.
11/09/2020Motion 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 24, 2020.
11/06/2020Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Gilbert Kouba, et al.
10/28/2019Sealed document filed in case  SEALED DOCUMENT - Sealed Portion of Appendix.
10/25/2019Call received  Call received from counsel for Petitioner regarding returned Petition for Review.
10/25/2019Petition for Review  Petition for Review filed on behalf of JHTNA Manufacturing, LLC and Johnson Health Tech North America, Inc.
10/24/2019Miscellaneous motion disposed. See Remarks.Filing granted Motion to file Portion of the Appendix to Petition for Review Under Seal is granted.
10/23/2020Court approved judgment sent to attorneys of recordIssued
10/23/2020Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses the court of appeals' judgment and renders judgment. Justice Guzman delivered the opinion of the Court.  (Justice Bland not participating)
(10/23/2020 12:57:51 PM) 190835.pdf, 19-0835.jmt.pdf
10/23/2019Miscellaneous Motion  Motion to file Portion of the Appendix to Petition for Review Under Seal filed on behalf of JHTNA Manufacturing, LLC and Johnson Health Tech North America, Inc.
10/19/2020Post submission brief filed  Post Submission Letter filed on behalf of Gilbert Kouba, et al.
10/07/2020Oral argument   Argued on behalf of petitioners by Marcie L. Schout; Argued on behalf of respondents by Leland M. Irwin
09/28/2020Submission Schedule 
09/18/2019Motion 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 October 28, 2019.
09/18/2019Motion 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 JHTNA Manufacturing, L.L.C. and Johnson Health Tech North America, Inc.
09/18/2019Clerk's Record 
09/18/2019Court reporter/recorder's record 
09/18/2019Clerk's Record 
09/17/2020Letter sent to parties from Supreme Court - See Remarks  Letter to Parties stating: "The Supreme Court of Texas set the above-referenced cause for oral submission for Wednesday, October 7, 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."
(9/17/2020 7:12:41 PM) Zoom Oral Arguments Guide for Lawyers.pdf
09/16/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission form received on behalf of Gilbert Kouba, et al. Argument will be presented by Leland M. Irwin of The Irwin Law Firm, P.C. in Richmond, Texs.
08/21/2020Oral Argument Submission Form from Attorney received  Oral Argument submission form filed on behalf of JHTNA Manufacturing, LLC, et al. Argument will be presented by Marcie L. Schout of Quilling, Selander, Lownds, Winslett & Moser, P.C. in Dallas.
06/26/2020Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 7, 2020.  Time allotted to argue: 20/20 minutes (Justice Bland not participating)
06/19/2020Supreme Court of Texas Orders Issued 
06/19/2020Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined. (Justice Bland not participating)
06/19/2020Petition for Review granted 
05/19/2020Reply Brief  Reply Brief on the Merits filed on behalf of Northland Industries, Inc., et al.
05/04/2020Brief on the Merits  Respondent's Brief on the Merits filed on ben behalf of Gilbert Kouba, et al.
04/09/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of JHTNA Manufacturing, LLC, et al.
03/26/2020Sealed document filed in case  SEALED RECORD received from the Court of Appeals.
03/23/2020Record Requested in Case  From the 1st COA
03/20/2020Call received  Call received from counsel for Petitioner regarding sealed portions of the record.
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.
01/29/2020Reply to Response  Reply in support of Petition for Review filed on behalf of JHTNA Manufacturing LLC, et al.
01/22/2021Mandate issued  Mandate & Cost Bill Issued
01/22/2021Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Bland not participating)
01/17/2020MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Petition for Review granted. Further requests for extensions of time will be disfavored. Reply is due no later than February 4, 2020.
01/17/2020Motion 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 JHTNA Manufacturing, L.L.C.
01/07/2020Case forwarded to Court 
01/06/2020Response to Petition  Response to Petition for Review filed on behalf of Gilbert Kouba, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/22/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Northland Industries, Inc. d/b/a Magnum FitnessPetitionerMs. Patricia Kay Dube
Ms. Marcie L. Schout
Mr. James H. Moody III
Johnson Health Tech North America, IncPetitionerMs. Marcie L. Schout
Mr. James H. Moody III
JHTNA Manufacturing, L.L.C.PetitionerMr. James H. Moody III
Ms. Marcie L. Schout
Kouba, CurtisRespondentLeland M. Irwin
Williams, KarenRespondentLeland M. Irwin
Gilbert Kouba, Individually and as Representative of the Estate of Audrey KoubaRespondentLeland M. Irwin
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
583 SW3d 857, 08-13-19 
1st Court of Appeals 
Honorable Gordon Goodman 
Trial Court Information
25th District Court 
Colorado 
Honorable William D. Old 
241329-A