Supreme Court

Case: 20-0505    
20-0505
06/26/2020
Mandamus/Cause
IN RE EAGLERIDGE OPERATING, LLC 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/11/2021Brief on the MeritsReal Parties in Interest Real Party in Interest's Brief on the Merits filed on behalf of Earmon, Lovern, et al.
12/15/2020Brief on the MeritsReal Parties in Interest Response Brief on the Merits filed on behalf of USG Properties Barnett II, LLC.
12/02/2020Brief on the MeritsRelator Relator's Brief on the Merits filed on behalf of Eagleridge Operating, LLC.
09/22/2020Reply to Petition for Writ of MandamusRelator Reply to Response to Petition for Writ of Mandamus filed on behalf of Eagleridge Operating, LLC.
08/31/2020Response to Petition for Writ of Mandamus FiledReal Parties in Interest Response to Petition for Writ of Mandamus filed on behalf of Earmon Lovern, et al.
07/30/2020Response to Petition for Writ of Mandamus FiledReal Parties in Interest Response to Mandamus filed on behalf of USG Properties Barnett II, LLC.
06/26/2020Petition for Writ of Mandamus filedRelator Petition for Writ of Mandamus filed on behalf of Eagleridge Operating, LLC.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/18/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits granted. Response Briefs due January 21, 2021. Reply Brief due February 5, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/18/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Earmon Lovern, et al.
12/15/2020Brief on the Merits  Response Brief on the Merits filed on behalf of USG Properties Barnett II, LLC.
12/02/2020Brief on the Merits  Relator's Brief on the Merits filed on behalf of Eagleridge Operating, LLC.
10/28/2020Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Relator's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Relator's brief is due no later than December 2, 2020; Real Party in Interest's brief is due December 22, 2020; and Reply brief is due January 6, 2020.
10/27/2020Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Relator's Brief on the Merits filed on behalf of Eagleridge Operating, LLC.
10/02/2020Brief on the Merits Ordered  Relator's brief on the merits due no later than November 2, 2020; Response brief due November 23, 2020; Reply brief due December 8, 2020.
09/30/2021Oral argument   Argued on behalf of Relator by R. Russell Hollenbeck; Argued on behalf of Real Parties in Interest by Dana Levy
09/24/2021Submission Schedule 
09/22/2020Reply to Petition for Writ of Mandamus  Reply to Response to Petition for Writ of Mandamus filed on behalf of Eagleridge Operating, LLC.
09/03/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Eagleridge Operating, LLC. Oral Arguments will be presented by R. Russell Hollenbeck of Wright Close & Barger, LLP from Houston, Texas.
09/01/2021Letter sent to parties from Supreme Court - See Remarks  Additional information sent to parties regarding upcoming in-person oral arguments.  
08/31/2020Case Record Filed   Record in Support of Real Parties' Response to Petition for Writ of Mandamus filed on behalf of Earmon Lovern, et al.
08/31/2020Response to Petition for Writ of Mandamus Filed  Response to Petition for Writ of Mandamus filed on behalf of Earmon Lovern, et al.
08/28/2020Stay Order issued  Relator’s motion for temporary relief, filed August 18, 2020, is granted.  The trial settings in Cause No. DC-18-05402, styled Earmon Lovern v. Eagleridge Operating, LLC, et al., in the 192nd District Court of Dallas County, Texas, are stayed pending further order of this Court. (Justice Lehrmann not participating)
08/28/2020Motion to Stay DisposedFiling granted Motion for Temporary Relief granted
08/25/2020Response to Motion filed  Response to Motion for Temporary Relief filed on behalf of Earmon Lovern et al.
08/23/2021Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Earmon Lovern, et al. Oral Arguments will be presented by Dana Levy of Durham, Pittard & Spalding, LLP from Houston, Texas.
08/18/2020Motion to Stay Filed   Joint Motion to Stay filed on behalf of Eagleridge Operating, LLC and USG Properties Barnett II, LLC.
08/04/2020Designation of Lead Counsel   Notice of Appearance and Designation of Lead Counsel filed on behalf of Earmon Lovern, et al.
07/31/2020Supreme Court of Texas Requested Response  Requested response from Earmon Lovern, et al. to petition for writ of mandamus due no later than August 31, 2020.
07/30/2020Response to Petition for Writ of Mandamus Filed  Response to Mandamus filed on behalf of USG Properties Barnett II, LLC.
07/02/2021Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., September 30, 2021. Time allotted to argue: 20/20 minutes (Justice Lehrmann not participating)
06/30/2020Case forwarded to Court 
06/26/2020Response Waiver filed  Response Waiver to Petition for Writ of Mandamus filed on behalf of Earmon Lovern, et al.
06/26/2020Case Record Filed   Mandamus Record filed on behalf of Eagleridge Operating, LLC.
06/26/2020Petition for Writ of Mandamus filed  Petition for Writ of Mandamus filed on behalf of Eagleridge Operating, LLC.
06/25/2021Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 26, 2021.  Time allotted to argue: 20/20 minutes (Justice Lehrmann not participating)
06/18/2021Mandamus Set to Argue 
06/18/2021Petition for Writ of Mandamus disposedCase set for oral argument The date and time for oral argument are yet to be determined. (Justice Lehrmann not participating)
05/14/2021Letter Filed  Letter filed on behalf of Eagleridge Operating, LLC.
05/14/2021Case Record Filed   Second Supplemental Mandamus Record filed on behalf of Eagleridge Operating, LLC.
04/30/2021Petition for Writ of Mandamus reinstated  
04/30/2021Abatement Order Lifted  Abatement order issued February 26, 2021 is lifted
04/27/2021Status report filed  Status report filed on behalf of Eagleridge Operating LLC and Earmon Lovern, et al.
04/27/2021Supplement to Clerk's/Reporter's Record  Supplemental Mandamus Record filed on behalf of Eagleridge Operating, LLC.
04/14/2022Certified cys of cost bill sent to attys of record  Cost Bill Issued
03/11/2022Opinion issuedDenied The Court denies the petition for writ of mandamus. Justice Devine delivered the opinion of the Court.  (Justice Lehrmann not participating)
(3/11/2022 9:55:42 AM) 200505.pdf
02/26/2021Order of the Court IssuedMatter in Supreme Court of Texas Abated The case is abated under Tex. R. App. P. 7.2(b) until further order of this Court.
02/26/2021Petition for Writ of Mandamus disposedMatter in Supreme Court of Texas Abated
02/26/2021Motion to Abate disposedFiling granted Joint Motion to Abate granted
02/19/2021Motion to Abate filed  Joint Motion to Abate filed on behalf of Eagleridge Operating, LLC and Earmon Lovern, et al.
02/11/2021Supplement to Clerk's/Reporter's Record  Supplemental Mandamus Record filed on behalf of Earmon Lovern, et al.
02/11/2021Brief on the Merits  Real Party in Interest's Brief on the Merits filed on behalf of Earmon, Lovern, et al.
01/19/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits granted. Response Briefs due February 11, 2021. Reply Brief due February 26, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
01/19/2021Motion 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 Earmon Lovern, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
04/14/2022Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
USG Properties Barnett II, LLCReal Party in Interest Mr. Douglas D. Fletcher
Mr. Keith Andrew Robb
Mr. Lorin M. Subar
Earmon Lovern, Peggy Lovern, and Stormy LovernReal Party in Interest Jason Stephens
Ms. Dana Levy
Mr. John Michael Cummings
Seth M. Anderson
Mr. Kirk L. Pittard
Eagleridge Operating, LLCRelatorMr. Jerry Joe Knauff Jr.
Mr. R. Russell Hollenbeck
Mr. Brian J. Cathey
Court of Appeals Information:
Denied 
627 SW3d 478, 01-24-20 
5th Court of Appeals 
Honorable William Norman Pedersen 
Trial Court Information
192nd District Court 
Dallas 
Honorable Craig Smith 
DC-18-05402