Supreme Court

Case: 19-1022    
19-1022
11/15/2019
Mandamus/Cause
IN RE K & L AUTO CRUSHERS, LLC AND THOMAS GOTHARD, JR. 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/14/2021Motion for RehearingReal Party of Interest's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Saint Camillus Medical Center, et al.
06/29/2021Motion for RehearingReal Party of Interest's Motion for Rehearing of Cause filed Motion for Rehearing filed on behalf of Kevin Walker, et al.
02/10/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texans for Lawsuit Reform, the American Tort Reform Association, and the Chamber of Commerce of the United States of America submitted by Scott K. Filed of Butler Snow LLP of Austin, Texas.
01/29/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Research and Planning Consultants, L.P. received from P.M. Schenkkan and Matthew B. Baumgartner.
12/30/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the Texas Trial Lawyers Association submitted by Jim M. Perdue, Jr. of the Texas Trial Lawyers Association in Austin, Texas.
12/30/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Advanced Diagnostics Health System, LLC submitted by Ellen Miers Peeples of Daniels & Tredennick of Houston, Texas.
12/27/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the Texas Medical Association and Texas Hospital Association submitted by Donald P. Wilcox of Texas Medical Association of Austin, Texas.
12/23/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the Texas Orthopaedic Association submitted by Andrea Schwab of the Law Office of Andrea I. Schwab, PLLC in Austin, Texas.
12/23/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of American Property Casualty Insurance Association, et al. submitted by Melissa A. Lorber of Enoch Kever PLLC in Austin, Texas.
12/14/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Tri-City Pain Associates received from Adriaan Jansse.
12/09/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Civil Justice League received from George S. Christian.
08/10/2020Reply BriefRelator Reply Brief on the Merits filed on behalf of K&L Auto Crushers, LLC, et al.
07/24/2020Brief on the MeritsReal Parties in Interest Real Party in Interest's Brief on the Merits filed on behalf of Saint Camillus Medical Center, et al.
06/22/2020Brief on the MeritsReal Parties in Interest Real Party in Intereset's Brief on the Merits filed on behalf of Kevin Walker, et al.
06/03/2020Brief on the MeritsRelator Relator's Brief on the Merits filed on behalf of K&L Auto Crushers, LLC, et al.
03/24/2020Reply to ResponseRelator Relators' Joint Reply to Responses to Petition for Writ of Mandamus filed on behalf of K&L Auto Crusher, LLC, et al.
03/11/2020Response to Petition for Writ of Mandamus FiledReal Parties in Interest Response to Petition for Writ of Mandamus filed on behalf of Saint Camillus Medical Center, et al.
02/10/2020Response to PetitionRespondent Response to Petition for Writ of Mandamus filed on behalf of Kevin Walker, et al.
12/05/2019Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Texas Association of Defense Counsel submitted by Henry J. Paoli of Scott Hulse, P.C. of El Paso, Texas.
11/15/2019Petition for Writ of Mandamus filedRelator Petition for Writ of Mandamus filed on behalf of K&L Auto Crusher, LLC, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/31/2020Letter Filed  Letter regarding additional authority filed on behalf of K&L Auto Crushers, LLC, et al.
12/30/2020Amicus Curiae Brief received  Amicus Curiae Brief of the Texas Trial Lawyers Association submitted by Jim M. Perdue, Jr. of the Texas Trial Lawyers Association in Austin, Texas.
12/30/2020Amicus Curiae Brief received  Amicus Curiae Brief of Advanced Diagnostics Health System, LLC submitted by Ellen Miers Peeples of Daniels & Tredennick of Houston, Texas.
12/30/2020Submission Schedule 
12/27/2020Amicus Curiae Brief received  Amicus Curiae Brief of the Texas Medical Association and Texas Hospital Association submitted by Donald P. Wilcox of Texas Medical Association of Austin, Texas.
12/23/2020Amicus Curiae Brief received  Amicus Curiae Brief of the Texas Orthopaedic Association submitted by Andrea Schwab of the Law Office of Andrea I. Schwab, PLLC in Austin, Texas.
12/23/2020Amicus Curiae Brief received  Amicus Curiae Brief of American Property Casualty Insurance Association, et al. submitted by Melissa A. Lorber of Enoch Kever PLLC in Austin, Texas.
12/14/2020Amicus Curiae Brief received  Amicus Curiae Brief of Tri-City Pain Associates received from Adriaan Jansse.
12/09/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Real Party in Interest, Saint Camillus Medical Center, et al. Oral Argument will be presented by Morgan McPheeters and Rosalyn Tippett of McPheeters Law PLLC of Dallas, Texas.
12/09/2020Amicus Curiae Brief received  Amicus Curiae Brief of Texas Civil Justice League received from George S. Christian.
12/09/2020Letter 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 Tuesday, January 5, 2021. 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.  If parties have not submitted an oral argument submission form at this time, please get it in no later than 9 a.m., December 11, 2020."
(12/9/2020 2:42:30 PM) Zoom Oral Arguments Guide for Lawyers.pdf
12/05/2019Amicus Curiae Brief received  Amicus Curiae Brief of Texas Association of Defense Counsel submitted by Henry J. Paoli of Scott Hulse, P.C. of El Paso, Texas.
12/04/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Real Party in Interest, Saint Camillus Medical Center, et al. Oral Argument will be presented by Rosalyn Tippett of Tippett Law Office of Flower Mound, Texas and Morgan McPheeters of McPheeters Law PLLC of Dallas, Texas.
12/03/2019Notice from attorney regarding vacation dates  Vacation Notice filed on behalf of Rosalyn R. Tippett, counsel for Real Parties in Interest, Kevin Walker, et al.
12/03/2019Response Waiver filed  Response Waiver filed on behalf of Kevin Walker, et al.
11/26/2019Case forwarded to Court 
11/20/2019Supplement to Clerk's/Reporter's Record  Supplement to Mandamus Record filed on behalf of K&L Auto Crusher, LLC, et al.
11/19/2019Call received  Call received from counsel for real party in interest to update attorney's address.
11/18/2019Response Waiver filed  Response Waiver filed on behalf of Saint Camillus Medical Center, et al.
11/18/2019Case Record Filed   Mandamus Record filed on behalf of K&L Auto Crusher, LLC, et al.
11/18/2019Court reporter/recorder's record 
11/15/2019Petition for Writ of Mandamus filed  Petition for Writ of Mandamus filed on behalf of K&L Auto Crusher, LLC, et al.
11/11/2020Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Relators, K&L Auto Crushers, LLC, et al. Oral Argument will be presented by Wade C. Crosnoe of Thompson, Coe, Cousins & Irons,  L.L.P. of Austin, Texas.
10/02/2020Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., January 5, 2021. Time allotted to argue: 20/20 minutes
10/02/2020Mandamus Set to Argue 
10/02/2020Petition for Writ of Mandamus disposedCase set for oral argument
09/07/2021Case Stored  e-stored
09/03/2021Motion for Rehearing - DisposedDenied
09/03/2021Certified cys of cost bill sent to attys of record  Cost Bill Issued
09/03/2021Motion for Rehearing - DisposedDenied
08/10/2020Reply Brief  Reply Brief on the Merits filed on behalf of K&L Auto Crushers, LLC, et al.
07/27/2020Motion for Extension of Time disposed.Filing granted Second Unopposed Motion for Extension of Time to file Real Party in Interest's Brief on the Merits granted. Real Party in Interest's brief is due no later than July 24, 2020; and Reply brief is due August 10, 2020.
07/24/2020Brief on the Merits  Real Party in Interest's Brief on the Merits filed on behalf of Saint Camillus Medical Center, et al.
07/24/2020Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Real Party in Interest's Brief on the Merits filed on behalf of Saint Camillus Medical Center, et al.
07/14/2021Case forwarded to Court 
07/14/2021Motion for Rehearing  Motion for Rehearing filed on behalf of Saint Camillus Medical Center, et al.
06/30/2021Motion 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 14, 2021.
06/29/2021Motion for Extension of Time to File Motion for Rehearing  Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of Saint Camillus Medical Center, et al.
06/29/2021Case forwarded to Court 
06/29/2021Motion for Rehearing  Motion for Rehearing filed on behalf of Kevin Walker, et al.
06/29/2021Call received  Call received regarding case.
06/26/2020Motion for Extension of Time disposed.Filing granted Unopposed First Motion for Extension of Time to file Response Brief on the Merits granted. Response Brief due July 23, 2020. Further requests for extensions of time for this filing will be disfavored. Reply brief due August 7, 2020.
06/23/2020Motion for Extension of Time filed  Unopposed First Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Saint Camillus Medical Center, Andrew Indresano, M.D., and Pine Creek Medical Center.
06/22/2020Brief on the Merits  Real Party in Intereset's Brief on the Merits filed on behalf of Kevin Walker, et al.
06/16/2020Notice from attorney regarding vacation dates  Vacation Notice filed on behalf of Rosalyn R. Tippett, counsel for Real Parties in Interest Kevin Walker, et al.
06/15/2021Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing granted. Motion for Rehearing due June 29, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/14/2021Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Saint Camillus Medical Center, et al.
06/11/2021Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing granted. Motion for Rehearing due June 29, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/10/2021Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Kevin Walker, et al.
06/03/2020Brief on the Merits  Relator's Brief on the Merits filed on behalf of K&L Auto Crushers, LLC, et al.
05/28/2021Concurring Opinion issued.Issued Justice Huddle delivered a concurring opinion, in which Justice Bland joined, and Justice Guzman joined as to parts II(A) and III.
05/28/2021Opinion issuedWrit of Mandamus conditionally granted The Court conditionally grants the writ of mandamus. Justice Boyd delivered the opinion of the Court, in which Chief Justice Hecht, Justice Guzman, Justice Lehrmann, Justice Devine, Justice Blacklock, and Justice Busby joined.
(5/28/2021 9:41:23 AM) 191022c.pdf, 191022.pdf
05/28/2021Stay Order lifted  Stay order issued April 3, 2020 is lifted.
04/23/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Relator's Brief on the Merits is granted. Relator's Brief on the Merits is due June 3, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Real Party in Interest's Brief on the Merits is due June 23, 2020. Reply Brief is due July 8, 2020.
04/23/2020Motion 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 K&L Auto Crushers, LLC, et al.
04/03/2020Brief on the Merits Ordered  Brief on the merits requested:  Relator's brief due no later than May 4, 2020; Response brief due May 26, 2020; Reply brief due June 10, 2020.
04/03/2020Stay Order issued 
04/03/2020Motion to Stay DisposedFiling granted Relators' Unopposed Motion for Temporary Relief granted
03/24/2020Motion to Stay Filed   Unopposed Motion for Temporary Relief filed on behalf of K&L Auto Crusher, LLC, et al.
03/24/2020Reply to Response  Relators' Joint Reply to Responses to Petition for Writ of Mandamus filed on behalf of K&L Auto Crusher, LLC, et al.
03/11/2020Response to Petition for Writ of Mandamus Filed  Response to Petition for Writ of Mandamus filed on behalf of Saint Camillus Medical Center, et al.
03/03/2020Motion to withdraw disposed ofFiling granted Motion to Withdraw Durham, Pittard & Spalding as counsel  for Saint Camillus Medical Center, et al. granted.
02/28/2020Motion to Withdraw Filed  Motion to Withdraw filed on behalf of Saint Camillus Medical Center, et al.
02/25/2020Letter Received  Letter Received from Relators K&L Auto Crushers, LLC, et al.
02/11/2020Motion for Extension of Time to File Response disposedFiling granted 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 March 11, 2020.
02/10/2021Amicus Curiae Brief received  Amicus Curiae Brief of Texans for Lawsuit Reform, the American Tort Reform Association, and the Chamber of Commerce of the United States of America submitted by Scott K. Filed of Butler Snow LLP of Austin, Texas.
02/10/2020Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Writ of Mandamus filed on behalf of Saint Camillus Medical Center, et al.
02/10/2020Response to Petition  Response to Petition for Writ of Mandamus filed on behalf of Kevin Walker, et al.
01/29/2021Amicus Curiae Brief received  Amicus Curiae Brief of Research and Planning Consultants, L.P. received from P.M. Schenkkan and Matthew B. Baumgartner.
01/10/2020Supreme Court of Texas Requested Response  Requested response to petition for writ of mandamus due no later than February 10, 2020.
01/05/2021Oral argument   Argued on behalf of Relators by Wade C. Crosnoe; Argued on behalf of Real Parties in Interest, Saint Camillus Medical Center, et al., by Morgan McPheeters; Argued on behalf of Real Parties in Interest, Kevin Walker, et al., by Rosalyn Tippett
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/07/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Kevin Walker and Latunija JohnsonReal Party in Interest Mr. J. Martin Futrell
Ms. Amy Witherite
Ms. Rosalyn Renee Tippett
Tri-City Pain Associates, P.A.Amicus CuriaeAdriaan Tieleman Jansse
Research and Planning Consultants, L.P.Amicus CuriaeMr. Matthew Baumgartner
Mr. P. M. Schenkkan
K&L Auto Crushers, LLC and Thomas Gothard, Jr.RelatorMs. Elizabeth Lee Thompson
Mr. William H. Chamblee
Mr. Wade Crosnoe
Mr. Weston Hall
Texans for Lawsuit ReformAmicus CuriaeMs. Amanda G. Taylor
Justice Scott K. Field
Saint Camillus Medical Center, Dr. Andrew Indresano, and Pine Creek Medical CenterReal Party in Interest Mr. Christopher M. McDowell
Ms. Morgan A. McPheeters
Texas Medical AssociationAmicus CuriaeMr. Donald P. Wilcox
Ms. Kelly M. Walla
Ms. Laura Thetford
Texas Civil Justice LeagueAmicus CuriaeMr. George S. Christian
Advanced Diagnostics Health System, LLCAmicus CuriaeMs. Ellen Peeples
Ms. Jillian L. Schumacher
American Tort Reform AssociationAmicus CuriaeMs. Amanda G. Taylor
Justice Scott K. Field
State Farm Mutual Automobile Insurance CompanyAmicus CuriaeMs. Melissa A. Lorber
Ms. Sara B. Churchin
Texas Trial Lawyers AssociationAmicus CuriaeKelly Cook
Mr. Matthew J. Kita
Mr. Jim M. Perdue Jr.
Texas Orthopaedic AssociationAmicus CuriaeMs. Andrea Schwab  
Texas Hospital AssociationAmicus CuriaeMr. Cesar J. Lopez
Mr. Stephen G. Wohleb
American Property Casualty Insurance AssociationAmicus CuriaeMs. Melissa A. Lorber
Ms. Sara B. Churchin
Texas Association of Defense CounselAmicus CuriaeMr. Henry John Paoli
Chamber of Commerce of the United States of AmericaAmicus CuriaeJustice Scott K. Field
Ms. Amanda G. Taylor
Court of Appeals Information:
Denied 
607 SW3d 358, 10-29-19 
5th Court of Appeals 
Honorable William Norman Pedersen 
Trial Court Information
160th District Court 
Dallas 
Honorable James R. Jordan 
DC-18-07502