Supreme Court

Case: 20-0980    
20-0980
12/18/2020
Petition for Review/Cause under Rule 53.1
WAL-MART STORES, INC.; WAL-MART STORES EAST, LP; WAL-MART LOUISIANA, LLC; SAM’S EAST, INC.; AND SAM’S WEST, INC. 
XEROX STATE & LOCAL SOLUTIONS, INC. A/K/A/, F/K/A ACS STATE & LOCAL SOLUTIONS, INC. 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
09/20/2022Exhibits in case/cause filedRespondent Oral Argument Exhibits filed on behalf of Xerox State and Local Solutions, Inc.
04/14/2022Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Wal-Mart Stores, Inc., et al.
02/28/2022Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Xerox State and Local Solutions, Inc.
12/09/2021Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Wal-Mart Stores, Inc., et al.
06/23/2021Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief of the Food Industry Association, et al. submitted by Scott Keller of Lehotsky Keller, LLP in Austin, Texas.
06/18/2021Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Wal-Mart Stores, Inc., et al.
05/19/2021Response to PetitionRespondent Response to Petition for Review filed on behalf of Xerox State & Local Solutions, Inc.
02/08/2021Petition for ReviewPetitioner Petition for Review filed on behalf of Wal-Mart Stores, Inc., et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/18/2020Motion 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 January 27, 2021.
12/18/2020Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Wal-Mart Stores, Inc., et al.
12/18/2020Clerk's Record 
12/18/2020Court reporter/recorder's record 
12/18/2020Clerk's Record 
12/14/2021Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief on the Merits is due January 28, 2022. Petitioner's Reply Brief on the Merits is due February 12, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/14/2021Motion 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 Xerox State and Local Solutions, Inc.
12/09/2021Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Wal-Mart Stores, Inc., et al.
11/18/2021Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief is due December 9, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief is due December 29, 2021. Reply Brief is due January 13, 2021.
11/18/2021Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Wal-Mart Stores, Inc., et al.
10/19/2021Motion for Extension of Time disposed.Filing granted in part Motion for Extension of Time to file Petitioner's Brief on the Merits is granted in part. Petitioner's Brief is due November 24, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's Brief is due December 14, 2021. Reply Brief is due December 29, 2021.
10/19/2021Motion 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 Wal-Mart Stores, Inc., et al.
09/24/2021Brief on the Merits Ordered  Brief on the merits requested: Petitioner brief due no later than October 25, 2021; Response brief due November 15, 2021; Reply brief due November 30, 2021.
09/21/2022Oral argument   Argued on behalf of Petitioners by Raffi O. Melkonian; Argued on behalf of Respondents by David S. Coale
09/20/2022Exhibits in case/cause filed  Oral Argument Exhibits filed on behalf of Xerox State and Local Solutions, Inc.
09/16/2022Submission Schedule 
09/06/2022Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Wal-Mart Stores, Inc., et al. Oral Argument will be presented by Raffi O. Melkonian of Wright Close & Barger LLP from Houston, Texas.
09/06/2022Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Xerox State and Local Solutions, Inc. Oral Argument will be presented by David S. Coale of Lynn Pinker Hurst & Schwegmann, LLP, of Dallas, Texas.
06/24/2022Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., September 21, 2022.  Time allotted to argue: 20/20 minutes
06/23/2021Amicus Curiae Brief received  Amicus Curiae Brief of the Food Industry Association, et al. submitted by Scott Keller of Lehotsky Keller, LLP in Austin, Texas.
06/18/2021Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Wal-Mart Stores, Inc., et al.
05/28/2021MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply in Support of Petition for Review granted. Reply is due no later than June 18, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
05/28/2021Motion 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 Wal-Mart Stores, Inc., et al.
05/27/2022Petition for Review disposedFiling granted (Justice Lehrmann not participating)
05/27/2022Petition for Review granted 
05/19/2021Response to Petition  Response to Petition for Review filed on behalf of Xerox State & Local Solutions, Inc.
05/19/2021Call received  Call regarding a corrected copy of the Response to the Petition for Review.
04/28/2023Mandate issued  Mandate & Cost Bill Issued
04/14/2022Reply Brief  Reply Brief on the Merits filed on behalf of Wal-Mart Stores, Inc., et al.
04/12/2021Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted. Response due May 19, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
04/12/2021Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of Xerox State & Local Solutions, Inc.
03/24/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due April 14, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
03/24/2022Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension fo Time to file Reply Brief on the Merits filed on behalf of Wal-Mart Stores, Inc., et al.
03/19/2021Supreme Court of Texas Requested Response  Requested response to petition for review due no later than April 19, 2021.
03/17/2023Court approved judgment sent to attorneys of recordIssued
03/17/2023Opinion issuedCourt of Appeals' judgment affirm and reverse in part; remand to court of appeals The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to that court. Justice Devine delivered the opinion of the Court. (Justice Lehrmann not participating)
(3/17/2023 11:06:26 AM) 200980.pdf, 20-0980.jmt.pdf
03/14/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Reply Brief is due March 30, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/11/2022Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Wal-Mart Stores, Inc., et al.
02/28/2022Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Xerox State and Local Solutions, Inc.
02/16/2021Case forwarded to Court 
02/09/2021Response Waiver filed  Response Waiver filed on behalf of Xerox State & Local Solutions, Inc.
02/08/2021Petition for Review  Petition for Review filed on behalf of Wal-Mart Stores, Inc., et al.
01/22/2021Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review granted. Petition for Review due February 8, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/22/2021Second 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 Wal-Mart Stores, Inc., et al.
01/19/2022Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief is due February 28, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Petitioner's Reply Brief is due March 15, 2022.
01/19/2022Motion for Extension of Time disposed.  Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Xerox State and Local Solutions, Inc.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
04/28/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Wal-Mart Louisiana, LLCPetitionerMr. Michael J. Adams-Hurta
Ms. Julia F. Pendery
Ms. Brittany R. Greger
Mr. Sim Israeloff
Mr. R. L Michael Northrup
Mr. Raffi Melkonian
Wal-Mart Stores East, LPPetitionerMr. Raffi Melkonian
Mr. R. L Michael Northrup
Mr. Sim Israeloff
Ms. Brittany R. Greger
Ms. Julia F. Pendery
Mr. Michael J. Adams-Hurta
Sam’s West, Inc.PetitionerMs. Brittany R. Greger
Ms. Julia F. Pendery
Mr. R. L Michael Northrup
Mr. Raffi Melkonian
Mr. Michael J. Adams-Hurta
Mr. Sim Israeloff
Wal-Mart Stores, Inc.PetitionerMr. Michael J. Adams-Hurta
Mr. Sim Israeloff
Ms. Julia F. Pendery
Mr. R. L Michael Northrup
Ms. Brittany R. Greger
Mr. Raffi Melkonian
Merchant Advisory GroupAmicus CuriaeMr. Scott A. Keller
Xerox State & Local Solutions, Inc.RespondentMr. Jervonne D. Newsome
Mr. David S. Coale
Mr. Christopher Patton
Food Industry AssociationAmicus CuriaeMr. Scott A. Keller
Sam’s East, Inc.PetitionerMs. Brittany R. Greger
Mr. Raffi Melkonian
Mr. Michael J. Adams-Hurta
Mr. Sim Israeloff
Mr. R. L Michael Northrup
Ms. Julia F. Pendery
Court of Appeals Information:
Affirmed  
646 SW3d 546, 11-12-20 
5th Court of Appeals 
Honorable Robert D. Burns 
Trial Court Information
44th District Court 
Dallas 
Honorable Bonnie Lee Goldstein 
DC-15-13629