Supreme Court

Case: 19-0872    
19-0872
09/27/2019
Petition for Review/Cause under Rule 53.1
MEMORIAL HERMANN HEALTH SYSTEM 
MIGUEL A. GOMEZ, III, M.D. AND MIGUEL A. GOMEZ, M.D., P.A. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/25/2022Reply to Response to Motion for Rehearing filedRespondent Reply to Response to Motion for Rehearing filed on behalf of Miguel A. Gomez III, M.D., et al.
05/26/2022Response to Motion for RehearingPetitioner Response to Motion for Rehearing filed on behalf of Memorial Hermann Health System.
05/09/2022Motion for RehearingRespondent's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Miguel A. Gomez III, M.D., et al.
11/08/2021Post submission brief filedRespondent Post-Submission Letter filed on behalf of Miguel A. Gomez, III, M.D., et al.
10/27/2021Exhibits in case/cause filedPetitioner Oral Argument Exhibits filed on behalf of Memorial Hermann Health System.
03/09/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Medical Association submitted by Donald P. Wilcox.
03/04/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Letter in support of Texas Health Resources, et al. Amicus Curiae Brief field on behalf of St. Luke's Health System Corporation.
02/23/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Health Resources, et al. submitted by Thomas S. Leatherbury of Vinson & Elkins LLP in Dallas, Texas.
02/03/2021Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Memorial Hermann Health System.
11/18/2020Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Miguel A. Gomez, III, M.D.
08/28/2020Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Memorial Hermann Health System.
04/27/2020Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Memorial Hermann Health System.
03/11/2020Response to PetitionRespondent Response to Petition for Review filed on behalf of Miguel A. Gomez, III, M.D., et al.
12/02/2019Petition for ReviewPetitioner Petition for Review filed on behalf of Memorial Hermann Health System.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Reply Brief due February 3, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
12/28/2020Motion 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 Memorial Hermann Health System.
12/10/2019Case forwarded to Court 
12/05/2019Response Waiver filed  Response Waiver filed on behalf of Miguel Gomez, III, MD, et al.
12/03/2020Motion 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 January 4, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/02/2019Petition for Review  Petition for Review filed on behalf of Memorial Hermann Health System.
12/01/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Memorial Hermann Health System.
11/24/2021Call received  Call from Respondent regarding filing post-submission brief.
11/18/2020Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Miguel A. Gomez, III, M.D.
11/08/2021Post submission brief filed  Post-Submission Letter filed on behalf of Miguel A. Gomez, III, M.D., et al.
11/08/2021Call received  Call received from counsel for Petitioner regarding filing.
11/04/2021Notice of Appearance  Notice of Appearance filed on behalf of Miguel A. Gomez III, M.D., et al.
10/29/2019Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review granted. Petition for Review is due December 2, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
10/29/2019Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of Memorial Hermann Health System.
10/28/2021Oral argument   Argued on behalf of Petitioner by Constance H. Pfeiffer; Argued on behalf of Respondent by Timothy F. Lee.
10/27/2021Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Memorial Hermann Health System.
10/22/2021Submission Schedule 
10/21/2021Call received  Call received from counsel for respondent regarding Oral Argument and COVID precautions.
10/14/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Miguel A. Gomez, III, M.D., et al. Oral Argument will be presented by Timothy F. Lee of Ware, Jackson, Lee, O'Neill, Smith & Barrow, LLP from Houston, Texas.
10/14/2021Phone call from Clerk's Office  Calls exchanged with counsel for Respondent regarding Oral Argument Submission Form.
10/14/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Memorial Hermann Health System. Oral Argument will be presented by Constance H. Pfeiffer of Yetter Coleman L.L.P. of Houston, Texas.
10/13/2020Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Response Brief on the Merits granted. Response Brief due November 18, 2020. Reply Brief due December 3, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
10/13/2020Motion 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 Miguel A. Gomez III, M.D., et al.
09/27/2019Phone call from Clerk's Office  Called attorney for petitioner regarding Motion for Rehearing due date in Court of Appeals.
09/27/2019Motion 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 30, 2019.
09/27/2019Motion 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 Memorial Hermann Health System.
09/27/2019Court reporter/recorder's record 
09/27/2019Court reporter/recorder's record 
09/27/2019Supplement to Clerk's/Reporter's Record 
09/27/2019Supplement to Clerk's/Reporter's Record 
09/27/2019Clerk's Record 
09/27/2019Supplement to Clerk's/Reporter's Record 
09/27/2019Court reporter/recorder's record 
09/27/2019Court reporter/recorder's record 
09/27/2019Court reporter/recorder's record 
09/27/2019Supplement to Clerk's/Reporter's Record 
09/15/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief on the Merits is due October 19, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due November 3, 2020.
09/15/2020Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Miguel A. Gomez III, M.D., et al.
09/09/2022Mandate issued  Mandate & Cost Bill Issued
09/09/2022Corrected opinionIssued The Court's opinion issued April 22, 2022 is corrected.  The judgment issued remains in place.
09/09/2022Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Bland not participating)
09/03/2021Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., October 28, 2021.  Time allotted to argue: 20/20 minutes (Justice Bland not participating)
09/03/2021Petition for Review disposedFiling granted
09/03/2021Petition for Review granted 
08/28/2020Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Memorial Hermann Health System.
07/28/2020Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief due August 28, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief due September 17, 2020. Reply Brief due October 2, 2020.
07/28/2020Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Memorial Hermann Health System.
07/25/2022Reply to Response to Motion for Rehearing filed  Reply to Response to Motion for Rehearing filed on behalf of Miguel A. Gomez III, M.D., et al.
07/07/2020Notice from Counsel of a change in address  Notice of Change of Address filed on behalf of Constance H. Pfeiffer.
06/24/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief on the Merits is due July 29, 2020. Response Brief is due August 18, 2020. Reply Brief is due September 2, 2020.
06/19/2020Motion 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 Memorial Hermann Health System.
05/29/2020Brief on the Merits Ordered  Brief on the Merits requested:  Petitioner's brief due no later than June 29, 2020; Response brief due July 20, 2020; Reply brief due August 4, 2020.
05/26/2022Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Memorial Hermann Health System.
05/13/2022Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than May 31, 2022.
05/09/2022Case forwarded to Court 
05/09/2022Motion for Rehearing  Motion for Rehearing filed on behalf of Miguel A. Gomez III, M.D., et al.
04/27/2020Reply to Response  Reply in Support of Petition for Review filed on behalf of Memorial Hermann Health System.
04/22/2022Court approved judgment sent to attorneys of recordIssued
04/22/2022Opinion issuedCourt of Appeals' judgment reversed & judgment rendered The Court reverses the court of appeals' judgment and renders judgment. Chief Justice Hecht delivered the opinion of the Court. (Justice Bland not participating)
(4/22/2022 3:00:07 PM) 190872.pdf, 19-0872.jmt.pdf
03/26/2020MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in support of Petition for Review granted. Reply is due April 27, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/26/2020Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply in support of Petition for Review filed on behalf of Memorial Hermann Health System.
03/11/2020Response to Petition  Response to Petition for Review filed on behalf of Miguel A. Gomez, III, M.D., et al.
03/09/2021Amicus Curiae Brief received  Amicus Brief of Texas Medical Association submitted by Donald P. Wilcox.
03/04/2021Amicus Curiae Letter Received  Letter in support of Texas Health Resources, et al. Amicus Curiae Brief field on behalf of St. Luke's Health System Corporation.
02/23/2021Amicus Curiae Brief received  Amicus Curiae Brief of Texas Health Resources, et al. submitted by Thomas S. Leatherbury of Vinson & Elkins LLP in Dallas, Texas.
02/03/2021Reply Brief  Reply Brief on the Merits filed on behalf of Memorial Hermann Health System.
01/23/2020Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted. Response due March 11, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/23/2020Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of Miguel Gomez, III, M.D., et al.
01/10/2020Supreme Court of Texas Requested Response  Requested response to petition for review due no later than February 10, 2020.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/09/2022Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Health ResourcesAmicus CuriaeMr. Thomas S. Leatherbury
Mr. John Greil
Texas Hospital AssociationAmicus CuriaeMr. Thomas S. Leatherbury
Mr. John Greil
Gomez, M.D., Miguel A.RespondentMs. Margaret E. Bryant  
Mr. Jorge Luis Gomez
Mr. Patrick M. Dennis
Mr. Jeffrey I. Avery
Ms. Michelle Blair
Mr. Michael Patrick Doyle
Mr. Timothy F. Lee
Texas Medical AssociationAmicus CuriaeMs. Kelly M. Walla
Mr. Donald P. Wilcox
St Luke's Health System CorporationAmicus CuriaeMark S. Armstrong
Memorial Hermann Health SystemPetitionerMs. Dori Goldman
Ms. Constance H. Pfeiffer
Mr. Jesse Coleman  
Mr. David J. Beck
Mr. Geoffrey A. Gannaway  
Mr. Reagan W. Simpson
Mr. Nicholas M. Bruno
Miguel A. Gomez, III, M.D.RespondentMr. Jeffrey I. Avery
Mr. Patrick M. Dennis
Mr. Jorge Luis Gomez
Mr. Michael Patrick Doyle
Ms. Michelle Blair
Mr. Timothy F. Lee
Ms. Margaret E. Bryant  
Court of Appeals Information:
Affirmed  
584 SW3d 590, 08-15-19 
1st Court of Appeals 
Honorable Evelyn Keyes 
Trial Court Information
333rd District Court 
Harris 
Honorable Joseph Halbach 
2012-53962