Supreme Court

Case: 21-0157    
21-0157
02/12/2021
Petition for Review/Cause under Tex. R. App. P. 59.1
IMT PAVILION III LP AND INVESTORS MANAGEMENT TRUST REAL ESTATE GROUP, INC. D/B/A IMT RESIDENTIAL 
VICTOR MENDEZ, FOR HIMSELF AND ALL OTHERS SIMILARLY SITUATED 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/04/2022Reply BriefPetitioner Petitioner's Reply Brief on the Merits filed on behalf of IMT Pavilion III, LP, et al.
01/18/2022Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Victor Mendez.
12/27/2021Brief on the MeritsPetitioner Petitioners' Brief on the Merits filed on behalf of IMT Pavilion III LP and Investors Management Trust Real Estate Group, Inc. d/b/a IMT Residential
08/05/2021Reply to Response to Petition filed Petitioner Reply in support of Petition for Review filed on behalf of IMT Pavilion III LP, et al.
07/19/2021Response to PetitionRespondent Response to Petition for Review filed on behalf of Victor Mendez.
04/19/2021Petition for ReviewPetitioner Petition for Review filed on behalf of IMT Pavilion III LP, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
10/30/2023Mandate issued  Mandate & Cost Bill Issued
09/29/2023Motion to dismiss disposedDenied Motion to Dismiss Case and Claims for Lack of State-Court Jurisdiction denied (Justice Huddle and Justice Young not participating)
08/11/2023Reply to Response to Motion  Reply to Response to Motion to Dismiss filed on behalf of IMT Pavilion III LP, et al.
08/02/2023Letter Filed  Letter filed on behalf of IMT Pavillion III, LP, et al.
07/31/2023Response to Motion filed  Response to Motion to Dismiss filed on behalf of Victor Mendez.
07/18/2023Motion for Extension of Time to File Motion for Rehearing disposedFiling granted in part Motion for Extension of Time to file Motion for Rehearing is granted in part. Motion for Rehearing is due July 31, 2023. Further requests for extensions of time for this filing will be disfavored.
07/18/2023Electronic communication sent to Party  Email sent to counsel for Respondent regarding motion for extension of time to file motion for rehearing.
07/17/2023Motion for Extension of Time to File Motion for Rehearing  Opposed  Motion for Extension of Time to file Motion for Rehearing filed on behalf of IMT Pavilion III LP, et al.
07/12/2023Supreme Court of Texas Requested Response  Requested response to Motion to Dismiss due no later than 5:00 p.m., August 2, 2023.
07/11/2023Motion to dismiss  Motion to Dismiss for Lack of Jurisdiction filed on behalf of IMT Pavillion III, LP, et al.
06/30/2023Court approved judgment sent to attorneys of recordIssued
06/30/2023Opinion issuedJudgment of CA vacated; cause remanded to CA Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court vacates the court of appeals' judgment and remands the case to that court. Per Curiam Opinion (Justice Huddle and Justice Young not participating)
(6/30/2023 3:13:10 PM) 210157pc.pdf, 21-0157.jmt.pdf
06/30/2023Petition for Review disposedPetition granted pursuant to TRAP 59.1
06/30/2023Petition for Review granted under TRAP 59.1 
06/30/2023Motion to dismiss disposedDismissed without prejudice. Motion to Dismiss Repealed Penalty Remedies Under Texas Water Code § 13.505
for Lack of Jurisdiction is dismissed without prejudice.
03/03/2023Letter Filed  Letter filed on behalf of IMT Pavillion III LP, et al.
12/21/2022Motion to dismiss  Motion To Dismiss repealed penalty remedies under Texas Water Code § 13.505 for lack of jurisdiction, filed on behalf of IMT Pavilion III, LP, et al.
06/27/2022Letter Filed  Letter filed on behalf of IMT Pavilion III LP, et al.
04/04/2022Reply Brief  Petitioner's Reply Brief on the Merits filed on behalf of IMT Pavilion III, LP, et al.
03/04/2022Motion for Extension of Time disposed.Filing granted Opposed Second Motion for Extension of Time to file Petitioner's Reply Brief on the Merits is granted. Reply Brief is due no later than April 4, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
03/03/2022Electronic communication sent to Party  Email sent to counsel for Respondent regarding motion for extension of time to file Reply Brief on the Merits.
03/03/2022Motion for Extension of Time to File Brief filed  Opposed Second Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of IMT Pavillion III LP, et al.
02/02/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Further requests for extensions of time will be disfavored. Reply brief is due no later than March 4, 2022.
02/01/2022Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of IMT Pavilion III LP, et al.
01/18/2022Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Victor Mendez.
12/27/2021Brief on the Merits  Petitioners' Brief on the Merits filed on behalf of IMT Pavilion III LP and Investors Management Trust Real Estate Group, Inc. d/b/a IMT Residential
11/17/2021Motion 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 December 27, 2021; Respondent's brief is due January 18, 2022; and Reply brief is due February 2, 2022.
11/17/2021Motion 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 IMT Pavilion III, et al.
10/21/2021Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. Petitioners' Brief is due November 24, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due December 14, 2021. Reply Brief is due December 29, 2021.
10/21/2021Motion 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 IMT Pavilion III LP, 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.
08/05/2021Reply to Response to Petition filed   Reply in support of Petition for Review filed on behalf of IMT Pavilion III LP, et al.
08/03/2021MET to file reply disposed ofFiling granted Motion for Extension of Time to File Reply to Response to Petition for Review granted. Reply is due September 2, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
08/03/2021Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to File Reply to Response to Petition for Review filed on behalf of IMT Pavilion III LP, et al.
07/19/2021Response to Petition  Response to Petition for Review filed on behalf of Victor Mendez.
06/18/2021Supreme Court of Texas Requested Response  Requested response to petition for review due no later than July 19, 2021.
05/18/2021Case forwarded to Court 
05/12/2021Response Waiver filed  Response Waiver filed on behalf of Victor Mendez.
04/19/2021Petition for Review  Petition for Review filed on behalf of IMT Pavilion III LP, et al.
03/22/2021Second 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 April 19, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/19/2021Response to Motion for Extension of Time to File Petition for Review  Response to Second Motion for Extension of Time to file Petition for Review filed on behalf of Victor Mendez.
03/18/2021Electronic communication sent to Party  Email sent to counsel for respondent to determine if a response to the Motion for Extension of Time will be filed.
03/18/2021Second 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 IMT Pavilion III, LP.
02/17/2021Motion 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 March 18, 2021.
02/16/2021Response to Motion for Extension of Time to File Petition for Review  Response to Motion for Extension of Time to file Petition for Review filed on behalf of Victor Mendez.
02/12/2021Electronic communication sent to Party  Email sent to counsel for respondent to determine if a response to the motion will be filed.
02/12/2021Motion for Extension of Time to File Petition for Review filed  Opposed Motion for Extension of Time to file Petition for Review filed on behalf of IMT Pavilion III LP, et al.
02/12/2021Court reporter/recorder's record 
02/12/2021Clerk's Record 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
10/30/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Investors Mangement Trust Real Estate Group, Inc. d/b/a IMT ResidentialPetitionerMr. Dylan Russell
Mr. Thomas Phillips
Ms. Madeleine Dwertman
IMT Pavillion III LPPetitionerMr. Dylan Russell
Mr. Thomas Phillips
Ms. Madeleine Dwertman
Victor Mendez, for himself and all others similarly situated RespondentMr. Jason Snell
Mr. Richard E. Norman
Mr. Britton D. Monts
Mr. Joshua S. Smith
Mr. R. Martin Weber Jr.
Mr. Karson K. Thompson
Mr. Russell S. Post
Court of Appeals Information:
Affirmed  
___ SW3d ___, 04-23-20 
1st Court of Appeals 
Honorable Gordon Goodman 
Trial Court Information
269th District Court 
Harris 
Honorable Daniel Earle Hinde 
2015-76253