Supreme Court

Case: 20-0174    
20-0174
03/06/2020
Petition for Review/Cause under Rule 53.1
INDUSTRIAL SPECIALISTS, LLC 
BLANCHARD REFINING COMPANY LLC AND MARATHON PETROLEUM COMPANY LP 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/02/2022Letter brief Amicus Curiae Amicus Letter received on behalf of Mosaic Baybrook One, L.P., et al.
07/27/2022Motion for RehearingPetitioner's motion for rehearing of cause filed Motion for Rehearing filed on behalf of Industrial Specialists, LLC.
03/31/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief submitted by R. Michael Northrup of Cowles & Thompson of Dallas, Texas.
02/18/2022Post submission brief filedRespondent Post-Submission Letter Brief filed on behalf of Blanchard Refining Company LLC and Marathon Petroleum Company LP.
02/04/2022Post submission brief filedPetitioner Post-Submission Letter Brief filed on behalf of Industrial Specialists, LLC.
01/31/2022Exhibits in case/cause filedPetitioner Petitioner's Oral Argument Exhibits filed on behalf of Industrial Specialists, LLC.
11/05/2021Amicus Curiae Brief receivedReceived (instead of filed) Amici Curiae Brief of American Fuel & Petrochemical Manufacturers, et al submitted by Scott A. Keller and Matthew H. Frederick of Lehotsky Keller, LLP, of Austin, TX.
10/27/2021Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of Industrial Specialists, LLC.
09/10/2021Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Blanchard Refining Company, LLC, et al.
07/08/2021Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Industrial Specialists, LLC.
04/30/2021Petition Reinstated 
02/12/2021Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of Blanchard Refining Company, LLC, et al.
02/08/2021Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter of Mosaic Baybrook One, L.P. and Mosaic Baybrook Two, L.P. submitted by Dylan B. Russell.
01/29/2021Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of Industrial Specialists, LLC.
10/09/2020Reply to ResponsePetitioner Reply to Petition for Review filed on behalf of Industrial Specialists, LLC.
08/26/2020Response to PetitionRespondent Response to Petition for Review filed on behalf of Blanchard Refining Company, LLC, et al.
04/22/2020Petition for ReviewPetitioner Petition for Review filed on behalf of Industrial Specialists, LLC.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/28/2020Motion 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 FOR THIS FILING WILL NOT BE CONSIDERED. Motion for Rehearing due January 29, 2021.
12/24/2020Motion for Extension of Time to File Motion for Rehearing  Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of Industrial Specialists, LLC.
12/10/2021Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 1, 2022.  Time allotted to argue: 20/20 minutes (Justice Lehrmann not participating)
12/10/2021Petition for Review disposedFiling granted
12/10/2021Petition for Review granted 
11/24/2020Motion 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 December 30, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/24/2020Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Industrial Specialists, LLC.
11/13/2020Petition for Review disposedDenied with Justice not sitting. (Justice Lehrmann not participating)
11/05/2021Amicus Curiae Brief received  Amici Curiae Brief of American Fuel & Petrochemical Manufacturers, et al submitted by Scott A. Keller and Matthew H. Frederick of Lehotsky Keller, LLP, of Austin, TX.
10/27/2021Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of Industrial Specialists, LLC.
10/09/2020Reply to Response  Reply to Petition for Review filed on behalf of Industrial Specialists, LLC.
09/30/2022Mandate issued  Mandate & Cost Bill Issued
09/30/2022Motion for Rehearing - DisposedDenied
09/27/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due October 27, 2021.
09/24/2021Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Industrial Specialists, LLC.
09/10/2021Brief on the Merits  Response Brief on the Merits filed on behalf of Blanchard Refining Company, LLC, et al.
09/08/2020MET 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 October 9, 2020.
09/04/2020Motion 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 Industrial Specialists, LLC.
09/02/2022Letter brief   Amicus Letter received on behalf of Mosaic Baybrook One, L.P., et al.
08/26/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to File Response Brief on the Merits is granted. Response Brief is due September 10, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Brief is due September 27, 2021.
08/26/2020Response to Petition  Response to Petition for Review filed on behalf of Blanchard Refining Company, LLC, et al.
08/25/2021Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Blanchard Refining Company, LLC, et al.
07/27/2022Case forwarded to Court 
07/27/2022Motion for Rehearing  Motion for Rehearing filed on behalf of Industrial Specialists, LLC.
07/15/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to File Response Brief on the Merits is granted. Response Brief is due August 27, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due September 11, 2021.
07/15/2020Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted. Response is due on August 26, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/15/2020Motion for Extension of Time to File Response  Motion for Extension of time to file Response to Petition for Review filed on behalf of Blanchard Refining Company LLC, et al.
07/14/2021Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to File Response Brief on the Merits filed on behalf of Blanchard Refining Company, LLC, et al.
07/08/2021Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Industrial Specialists, LLC.
07/01/2021Motion 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 July 8, 2021. Response Brief due July 28, 2021. Reply Brief due August 12, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
07/01/2021Motion 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 Industrial Specialists, LLC.
06/30/2021Case Record Filed   Reporter's Record recieved.
06/27/2021Case Record Filed   Reporter's Record received from Galveston County District Clerk.
06/26/2020Supreme Court of Texas Requested Response  Requested response to petition for review due no later than July 27, 2020.
06/25/2021Case Record Filed   Record received from the First Court of Appeals.
06/23/2022Motion 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 is due July 27, 2022. Further requests for extensions of time for this filing will be disfavored.
06/22/2022Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Industrial Specialists, LLC.
06/14/2022Notice from Counsel of a change in address  Notice of Change of Address of Counsel filed on behalf of Respondents.
06/10/2022Court approved judgment sent to attorneys of recordIssued
06/10/2022Dissenting opinion issued.Issued Justice Busby filed a dissenting opinion, in which Chief Justice Hecht and Justice Young joined.
06/10/2022Concurring Opinion issued.Issued Justice Blacklock filed a concurring opinion, in which Justice Bland joined.
06/10/2022Opinion issuedCourt of Appeals' judgment affirmed/remanded to trial court The Court affirms the court of appeals' judgment and remands the case to the trial court. Justice Boyd announced the Court’s judgment and delivered an opinion, in which Justice Devine and Justice Huddle joined.
(6/10/2022 12:24:34 PM) 200174d.pdf, 200174c.pdf, 200174.pdf, 20-0174.jmt.pdf
06/01/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief on the Merits is due July 1, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due July 21, 2021. Reply Brief is due August 5, 2021.
06/01/2021Motion 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 Industrial Specialists, LLC.
05/26/2020Case forwarded to Court 
04/30/2021Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than June 1, 2021; Response brief due June 21, 2021; Reply brief due July 6, 2021.
04/30/2021Petition Reinstated 
04/30/2021Previous Order of the Court withdrawn  Order denying the petition for review on November 13, 2020 is withdrawn.
04/30/2021Motion for Rehearing - DisposedFiling granted
04/22/2020Petition for Review  Petition for Review filed on behalf of Industrial Specialists, LLC.
04/07/2020Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due April 22, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
04/07/2020Second Motion for Extension of Time to File Petition for Review filed  Second Unopposed Motion for Extension of Time to file Petition for Review filed on  behalf of Industrial Specialists, LLC.
03/31/2022Amicus Curiae Brief received  Amicus Curiae Brief submitted by R. Michael Northrup of Cowles & Thompson of Dallas, Texas.
03/09/2020Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted. Petition for Review due April 8, 2020.
03/06/2020Motion 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 Industrial Specialists, LLC.
02/18/2022Post submission brief filed  Post-Submission Letter Brief filed on behalf of Blanchard Refining Company LLC and Marathon Petroleum Company LP.
02/12/2021Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Blanchard Refining Company, LLC, et al.
02/08/2021Amicus Curiae Letter Received  Amicus Curiae Letter of Mosaic Baybrook One, L.P. and Mosaic Baybrook Two, L.P. submitted by Dylan B. Russell.
02/04/2022Post submission brief filed  Post-Submission Letter Brief filed on behalf of Industrial Specialists, LLC.
02/02/2021Case forwarded to Court 
02/01/2022Oral argument   Argued on behalf of Petitioner by Jessica Z. Barger; Argued on behalf of Respondents by Amy Douthitt Maddux
01/31/2022Exhibits in case/cause filed  Petitioner's Oral Argument Exhibits filed on behalf of Industrial Specialists, LLC.
01/29/2021Motion for Rehearing  Motion for Rehearing filed on behalf of Industrial Specialists, LLC.
01/28/2022Submission Schedule 
01/27/2022Letter sent to parties from Supreme Court - See Remarks  Letter sent to parties regarding update to in-person oral arguments for the week of February 1-3, 2022.  
01/14/2022Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Jessica Z. Barger with Wright Close & Barger, LLP of Houston, Texas, filed on behalf of Industrial Specialists, LLC.
01/13/2022Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Amy Douthitt Maddux with Shipley Snell Montgomery LLP of Houston, Texas, filed on behalf of Blanchard Refining Company LLC and Marathon Petroleum Company LP.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/30/2022Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Northrup, R. MichaelAmicus CuriaeMr. R. L Michael Northrup
Mosaic Baybrook One, L.P. Amicus CuriaeMr. Dylan Russell
The American Petroleum InstituteAmicus CuriaeMr. Matthew H. Frederick
Mr. Scott A. Keller
The National Association of ManufacturersAmicus CuriaeMr. Scott A. Keller
Mr. Matthew H. Frederick
Blanchard Refining Company RespondentMr. Joel Z. Montgomery
Mr. Jonathan B. Smith
Mr. Z. Alex Rodriguez
Ms. Amy D. Maddux
Mosaic Baybrook Two, L.P.Amicus CuriaeMr. Dylan Russell
American Fuel & Petrochemical ManufacturersAmicus CuriaeMr. Scott A. Keller
Mr. Matthew H. Frederick
The Texas Oil & Gas AssociationAmicus CuriaeMr. Scott A. Keller
Mr. Matthew H. Frederick
Industrial Sepcialists, LLCPetitionerMr. Michael A. Golemi
Mr. James T. Kittrell
Ms. Shelly White
Mr. Michael A. Choyke
Ms. Jessica Z. Barger
Jody M. Schisel-Meslin
Mr. Brian J. Cathey
Marathon Petoleum Company LPRespondentMr. Z. Alex Rodriguez
Mr. Jonathan B. Smith
Ms. Amy D. Maddux
Mr. Joel Z. Montgomery
Court of Appeals Information:
Denied 
634 SW3d 760, 09-05-19 
1st Court of Appeals 
Honorable Per Curiam 
Trial Court Information
212th District Court 
Galveston 
Honorable Patricia V. Grady 
17-CV-1242