Supreme Court

Case: 20-0066    
20-0066
01/28/2020
Petition for Review/Cause under Rule 53.1
HAYNES AND BOONE, LLP AND ARTHUR L. HOWARD 
NFTD, LLC F/K/A BERNARDO GROUP, LLC, BERNARDO HOLDINGS, LLC, PETER J. COOPER, AND JACQUELINE MILLER 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/22/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Richard G. Wilson received.
01/15/2021Reply BriefPetitioner's Reply Brief Reply Brief on the Merits filed on behalf of Haynes & Boone, LLP, et al.
12/01/2020Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Jacquiline Miller.
12/01/2020Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of NFTD, LLC, et al.
11/30/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Reid Collins & Tsai LLP.
11/23/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Robert Paul Schuwerk.
10/30/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief in Support of Petitioner's Brief on the Merits received on behalf of Consortium of Law Firms.
10/28/2020Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of Haynes & Boone, LLP, et al.
06/16/2020Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of  Haynes & Boone, LLP, et al.
06/03/2020Amended Response to Petition for Review filedRespondent Amended Response to Petition for Review filed on behalf of NFTD, LLC, et al.
06/01/2020Response to PetitionRespondent Response to Petition for Review filed on behalf of Jacquiline Miller.
06/01/2020Response to PetitionRespondent Response to Petition for Review filed on behalf of NFTD, LLC, et al.
04/06/2020Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of Consortium of Law Firms submitted by Thomas O'Brien, Susan Kennedy, and Christopher Hunt of Baker Botts of Dallas, Texas.
03/19/2020Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter Brief of attorney R. Michael Northrup sumbitted pro se.
02/28/2020Petition for ReviewPetitioner Petition for Review filed on behalf of Haynes & Boone, LLP, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/08/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits filed is granted. Reply Brief is due January 15, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/08/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Haynes & Boone, LLP, et al.
12/01/2020Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Jacquiline Miller.
12/01/2020Brief on the Merits  Respondent's Brief on the Merits filed on behalf of NFTD, LLC, et al.
11/30/2020Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Reid Collins & Tsai LLP.
11/23/2020Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Robert Paul Schuwerk.
11/18/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits granted. Response Briefs due December 1, 2020. Reply Briefs due December 16, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/17/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Jacqueline Miller.
11/17/2020Motion 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 December 1, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief on the Merits is due December 16, 2020.
11/17/2020Motion 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 NFTD, LLC, et al.
10/30/2020Amicus Curiae Brief received  Amicus Brief in Support of Petitioner's Brief on the Merits received on behalf of Consortium of Law Firms.
10/28/2020Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of Haynes & Boone, LLP, et al.
10/28/2020Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits granted. No further extensions of time will be considered. Petitioner's brief is due no later than November 4, 2020; Respondent's brief is due November 24, 2020; and Reply brief is due December 9, 2020.
10/27/2020Motion 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 Haynes & Boone, LLP, et al.
09/24/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Petitioner's Brief due October 28, 2020. Response Brief due November 17, 2020. Reply Brief due December 2, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/24/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Haynes & Boone, LLP, et al.
08/31/2020Call received  Call received from respondent regarding updated law firm affiliation.
08/28/2020Brief on the Merits Ordered  Brief on the Merits requested:  Petitioner's brief on the merits due no later than September 28, 2020; Response brief due October 19, 2020; Reply brief due November 3, 2020.
07/24/2020Notice received  Notice of Change of Firm Affiliation filed on behalf of NFTD, LLC, et al.
06/24/2021Mandate issued  Mandate & Cost Bill Issued
06/16/2020Reply to Response  Reply in Support of Petition for Review filed on behalf of  Haynes & Boone, LLP, et al.
06/03/2020Amended Response to Petition for Review filed  Amended Response to Petition for Review filed on behalf of NFTD, LLC, et al.
06/03/2020Miscellaneous motion disposed. See Remarks.Filing granted Motion for Leave to file an Amended Response to Petition for Review granted.  Further requests for extensions of time will be disfavored.  Amended Response is due no later than June 13, 2020.
06/02/2020Miscellaneous Motion  Motion for Leave to file an Amended Response to Petition for Review filed on behalf of NFTD, LLC, et al.
06/01/2020Response to Petition  Response to Petition for Review filed on behalf of NFTD, LLC, et al.
06/01/2020Response to Petition  Response to Petition for Review filed on behalf of Jacquiline Miller.
05/21/2021Court approved judgment sent to attorneys of recordIssued
05/21/2021Opinion issuedCourt of Appeals' judgment reversed and remanded to Court of Appeals The Court reverses the court of appeals' judgment and remands the case to that court. Justice Boyd delivered the opinion of the Court. (Justice Huddle not participating)
05/13/2020Motion for Extension of Time to File Response disposedFiling granted Jacqueline Miller's 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 June 1, 2020.
05/13/2020Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of Jacqueline Miller.
05/13/2020Motion 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 June 1, 2020.
05/12/2020Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of NFTD, LLC, et al.
04/17/2020Supreme Court of Texas Requested Response  Requested response to petition for review due no later than May 18, 2020.
04/06/2020Amicus Curiae Brief received  Amicus Curiae Brief of Consortium of Law Firms submitted by Thomas O'Brien, Susan Kennedy, and Christopher Hunt of Baker Botts of Dallas, Texas.
03/23/2021Oral argument   Argued on behalf of Petitioner by Russell S. Post; Argued on behalf of Respondents  by Kenneth R. Breitbeil
03/19/2020Amicus Curiae Letter Received  Amicus Curiae Letter Brief of attorney R. Michael Northrup sumbitted pro se.
03/17/2020Case forwarded to Court 
03/16/2021Submission Schedule 
03/11/2020Response Waiver filed  Response Waiver filed on behalf of Jacquiline Miller.
03/11/2020Response Waiver filed  Response Waiver filed on behalf of NFTD, LLC f/k/a Bernardo Group, LLC, Bernardo Holdings, LLC, and Peter J. Cooper.
03/04/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of NFTD, LLC, et al. Argument will be presented by Kenneth R. Breitbeil of Frost Brown Todd LLC in Houston, Texas.
03/03/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Haynes & Boone, LLP, et al. Argument will presented by Russell S. Post of Beck Redden LLP in Houston, Texas.
02/28/2020Petition for Review  Petition for Review filed on behalf of Haynes & Boone, LLP, et al.
02/26/2021Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., March 23, 2021. Time allotted to argue: 20/20 minutes (Justice Huddle not participating)
02/26/2021Petition for Review disposedFiling granted
02/26/2021Petition for Review granted 
01/28/2020Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due March 2, 2020.
01/28/2020Motion 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 Haynes & Boone, LLP, et al.
01/28/2020Supplement to Clerk's/Reporter's Record 
01/28/2020Supplement to Clerk's/Reporter's Record 
01/28/2020Supplement to Clerk's/Reporter's Record 
01/28/2020Supplement to Clerk's/Reporter's Record 
01/28/2020Clerk's Record 
01/28/2020Supplement to Clerk's/Reporter's Record 
01/28/2020Supplement to Clerk's/Reporter's Record 
01/22/2021Amicus Curiae Brief received  Amicus Curiae Brief of Richard G. Wilson received.
01/15/2021Reply Brief  Reply Brief on the Merits filed on behalf of Haynes & Boone, LLP, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/24/2021Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Reid Collins & Tsai LLPAmicus CuriaeKeith Cohan
Mr. William T. Reid IV
Joshua Bruckerhoff
Zachary Ewing
Morgan Menchaca
Bernardo Holdings, LLCRespondentMs. Courtney B. Gahm-Oldham
Mr. Stephen Crowder
Mr. Kenneth R. Breitbeil
Northrup, R. Michael Amicus CuriaeMr. R. Michael Northrup
Haynes & Boone, LLPPetitionerMr. Russell S. Post
Mr. David J. Beck
Mr. Alex Benjamin Roberts
Mr. Nicholas M. Bruno
Cooper, Peter J.RespondentMr. Kenneth R. Breitbeil
Mr. Stephen Crowder
Ms. Courtney B. Gahm-Oldham
Wilson, Richard G.Amicus CuriaeMr. Richard Gardner Wilson
Consortium of Law FirmsAmicus CuriaeMr. Thomas Edward O'Brien
Christopher Hunt
Ms. Susan Cannon Kennedy
Howard, Arthur L.PetitionerMr. Alex Benjamin Roberts
Mr. David J. Beck
Mr. Nicholas M. Bruno
Mr. Russell S. Post
NFTD, LLC F/K/A Bernardo Group, LLCRespondentMr. Stephen Crowder
Ms. Courtney B. Gahm-Oldham
Mr. Kenneth R. Breitbeil
Schuwerk, Robert PaulAmicus CuriaeMr. Robert Paul Schuwerk
Miller, JacquilineRespondentMr. Kenneth R. Breitbeil
Mr. Jorge Borunda
Mr. Michael A. TreviƱo
Ms. Courtney B. Gahm-Oldham
Court of Appeals Information:
Reverse & Remand 
591 SW3d 766, 12-17-19 
14th Court of Appeals 
Honorable Meagan Hassan 
Trial Court Information
269th District Court 
Harris 
Honorable Daniel Earle Hinde 
2015-10626