Supreme Court

Case: 20-0795    
20-0795
10/08/2020
Petition for Review originally filed as 53.7(f)
FTS INTERNATIONAL SERVICES, LLC AND BILL HERBERT ACKER 
JOSHUA PATTERSON 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
01/27/2023Petition Reinstated 
09/23/2022Response to Motion for RehearingRespondent Response to Motion for Rehearing filed on behalf of Joshua Patterson.
07/25/2022Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of FTS International Services, LLC, et al.
05/16/2022Response to Amicus Curiae Brief filedRespondent Response to Amicus Brief filed on behalf of Joshua Patterson.
05/03/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of Texans for Lawsuit Reform, et al.
04/25/2022Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of FTS International Services, LLC, et al.
02/04/2022Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Joshua Patterson.
11/17/2021Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of FTS International Services, LLC, et al.
07/26/2021Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of FTS International Services, LLC, et al.l
06/09/2021Response to PetitionRespondent Response to Petition for Review filed on behalf of Joshua Patterson.
01/27/2021Petition for ReviewPetitioner Petition for Review filed on behalf of FTS International Services, LLC, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/22/2020Second 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 January 27, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/22/2020Second Motion for Extension of Time to File Petition for Review filed  Second Motion for Extension of Time to file Petition for Review filed on behalf of FTS International Services, LLC, et al.
12/17/2020Electronic communication received from Party  Email received from counsel for petitioners regarding extension granted.
12/03/2021Motion 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 January 6, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due January 21, 2022.
12/03/2021Motion 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 Joshua Patterson.
11/28/2022Status report filed  Joint status report and request for continued abatement filed on behalf of FTS International Services, LLC, et al.
11/24/2020Motion for Extension of Time to File Petition for Review disposedFiling granted Reinstated Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due to be filed on or before December 28, 2020.
11/24/2020Motion for Extension of Time to File Petition for Review pursuant to 53.7(f) reinstated  Motion for Extension of Time to file Petition for Review filed on behalf of FTS International Services, LLC, et al. is reinstated.
11/24/2020Abatement Order Lifted  Abatement order issued October 9, 2020 is lifted.
11/23/2020Motion to Reinstate Case filed  Motion to Reinstate Case filed on behalf of filed on behalf of FTS International Services, LLC, et al.
11/17/2021Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of FTS International Services, LLC, et al.
11/02/2021Motion 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 is due November 17, 2021. Response brief due December 7, 2021. Reply brief due December 22, 2021. Further requests for extensions of time for this filing will not be considered.
11/01/2021Phone call from Clerk's Office  Call made to counsel for Respondent to inquire about Respondent's position on the second Motion for Extension of Time to file Brief on the Merits. Respondent is opposed but will not file a response in opposition to the motion.
11/01/2021Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Brief on the Merits filed on behalf of FTS International Services, LLC, et al.
10/09/2020Order of the Court IssuedMatter in Supreme Court of Texas Abated Effective September 22, 2020, the case is abated pursuant to TEX. R. APP. P. 8.2 until further order of this Court and is removed from the Court's active docket, subject to reinstatement upon proper motion.  TEX. R. APP. P. 8.3.  All motions and other documents pending or filed are abated subject to being reargued in the event the case is reinstated.  TEX. R. APP. P. 8.2, 8.3.  It is the parties' responsibility to immediately notify this Court once the automatic bankruptcy stay is lifted.
10/09/2020Motion for Extension of Time to File Petition for Review disposedMatter in Supreme Court of Texas Abated Motion for Extension of Time to file Petition for Review is ABATED.
10/08/2020Motion 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 FTS International Services, LLC, et al.
10/08/2020Clerk's Record 
10/08/2020Court reporter/recorder's record 
10/08/2020Court reporter/recorder's record 
10/08/2020Court reporter/recorder's record 
10/08/2020Court reporter/recorder's record 
10/08/2020Court reporter/recorder's record 
10/08/2020Clerk's Record 
10/07/2020Notice of Bankruptcy  Bankruptcy Notice filed on behalf of FTS International Services, LLC.
10/04/2021Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief is due November 3, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's Brief on the Merits is due November 23, 2021. Reply Brief on the Merits is due December 8, 2021.
10/04/2021Motion 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 FTS International Services, LLC, et al.
09/30/2022Motion to Abate disposedFiling granted Motion to Abate is granted.
09/30/2022Order of the Court IssuedMatter in Supreme Court of Texas Abated The case is removed from the Court's active docket pending settlement negotiations. It is the parties' responsibility to file either a status report or motion to dismiss within 60 days.
09/29/2022Motion to Abate filed  Joint Motion to Abate filed on behalf of FTS International Services, LLC, et al.
09/23/2022Response to Motion for Rehearing  Response to Motion for Rehearing filed on behalf of Joshua Patterson.
09/08/2022Motion for Extension of Time to File Response disposedFiling granted in part Motion for Extension of Time to file Response to Motion for Rehearing is granted IN PART. Response to Motion for Rehearing is due September 27, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
09/08/2022Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of Joshua Patterson.
09/03/2021Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than October 4, 2021; Response brief due October 25, 2021; Reply brief due November 9, 2021.
08/26/2022Supreme Court of Texas Requested Response  Requested response to motion for rehearing due no later than September 12, 2022.
07/26/2022Case forwarded to Court 
07/26/2021Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of FTS International Services, LLC, et al.l
07/25/2022Motion for Rehearing  Motion for Rehearing filed on behalf of FTS International Services, LLC, et al.
07/14/2022Motion 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 due July 25, 2022. Further requests for extensions of time for this filing will not be considered.
07/13/2022Electronic communication received from Party  Email received from counsel for Respondent regarding Petitioner's Motion for Extension of Time.
07/13/2022Electronic communication sent to Party  Email sent to counsel for Respondent regarding Petitioner's Second Motion for Extension of time to file Motion for Rehearing.
07/13/2022Motion for Extension of Time to File Motion for Rehearing  Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of FTS International Services, LLC, et al.
06/22/2021MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply is due July 26, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/22/2021Motion 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 FTS International Services, LLC, et al.
06/09/2021Response to Petition  Response to Petition for Review filed on behalf of Joshua Patterson.
06/02/2022Motion 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 will be disfavored. Motion for Rehearing is due no later than July 13, 2022.
06/02/2022Electronic communication received from Party  Respondent will not file a written response in opposition to the motion for extension of time to file motion for rehearing.
06/02/2022Electronic communication sent to Party  Email sent to respondent to determine of a written response in opposition to moton for extension of time to file motion for rehearing will be filed.
06/02/2022Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of FTS International Services, LLC, et al.
05/27/2022Petition for Review disposedDenied with Justice not sitting. (Justice Lehrmann not participating)
05/26/2022Letter Filed  Letter filed on behalf of FTS International Services, LLC, et al.
05/23/2022Letter Filed  Letter filed on behalf of FTS International Services, LLC, et al.
05/18/2022Letter Filed  Letter of Supplemental Authority filed on behalf of Joshua Patterson.
05/16/2022Response to Amicus Curiae Brief filed  Response to Amicus Brief filed on behalf of Joshua Patterson.
05/05/2021Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review is granted. Response is due June 9, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/05/2021Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of Joshua Patterson.
05/03/2022Amicus Curiae Brief received  Amicus Brief received on behalf of Texans for Lawsuit Reform, et al.
04/25/2022Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of FTS International Services, LLC, et al.
04/09/2021Supreme Court of Texas Requested Response  Requested response to petition for review due no later than May 10, 2021.
03/23/2022Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Reply Brief on the Merits granted. No further extensions of time will be considered. Reply brief is due no later than April 25, 2022.
03/22/2022Motion 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 FTS International Services, LLC, et al.
03/02/2021Case forwarded to Court 
02/22/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioner's Reply Brief on the Merits is granted. Petitioner's Reply Brief is due March 24, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/22/2022Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of FTS International Services, LLC, et al.
02/04/2022Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Joshua Patterson.
01/31/2023Mandate issued  Mandate & Cost Bill Issued
01/27/2023Court approved judgment sent to attorneys of recordIssued
01/27/2023Petition for Review disposedPetition granted motion under TRAP 56.3 Pursuant to Texas Rule of Appellate Procedure 56.3, without considering the merits, the Court grants the petition for review, as reinstated, and remands the case to the trial court for disposition consistent with the parties' settlement agreement. (Justice Lehrmann not participating)
(1/27/2023 12:13:29 PM) 20-0795.jmt.pdf
01/27/2023Petition Reinstated 
01/27/2023Previous Order of the Court withdrawn  Denial of petition for review on May 27, 2022 is withdrawn.
01/27/2023Motion for Rehearing - DisposedFiling granted
01/27/2023Abatement Order Lifted  Abatement order issued September 30, 2022 is lifted.
01/27/2021Petition for Review  Petition for Review filed on behalf of FTS International Services, LLC, et al.
01/24/2023Miscellaneous Motion  Joint Motion to Remand filed on behalf of FTS International Services, LLC, et al.
01/04/2022Motion for Extension of Time disposed.Filing granted Unopposed Second Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due February 4, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Brief is due February 22, 2022.
01/04/2022Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Joshua Patterson.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/31/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Trucking AssociationAmicus CuriaeJustice Scott K. Field
Mr. Marshall Bowen
Ms. Amanda G. Taylor
Texans for Lawsuit ReformAmicus CuriaeMr. E. Lee Parsley
Texas Association of ManufacturersAmicus CuriaeMr. Marshall Bowen
Ms. Amanda G. Taylor
Justice Scott K. Field
Patterson, JoshuaRespondentMs. Anna M. Baker
Mr. Keith W. Starr
Mr. Kevin H. Dubose
Mr. David P. Long
Mr. Steven Wade Comte
Mr. J. Brent Goudarzi
Mr. Wallace B. Jefferson  
Mr. Marty L. Young
Frank Barat Jr.
Acker, Bill HerbertPetitionerMr. Robert James Collins
Mr. Karl Koen
Ms. Wanda McKee Fowler
Mr. Thomas C. Wright
Ms. Jessica Z. Barger
Mr. Brian J. Cathey
Mr. Gregory D. Smith
FTS International Services, LLCPetitionerMs. Wanda McKee Fowler
Ms. Jessica Z. Barger
Mr. Robert James Collins
Mr. Gregory D. Smith
Mr. Brian J. Cathey
Mr. Karl Koen
Mr. Thomas C. Wright
American Trucking AssociationsAmicus CuriaeMr. Marshall Bowen
Justice Scott K. Field
Ms. Amanda G. Taylor
Court of Appeals Information:
Reverse & Remand 
___ SW3d ___, 08-26-20 
12th Court of Appeals 
Honorable Gregory W. Neeley 
Trial Court Information
115th District Court 
Upshur 
Honorable Lauren L. Parish 
356-15