Supreme Court

Case: 21-1088    
21-1088
12/17/2021
U.S. Certified Question accepted by Supreme Court
FIRE PROTECTION SERVICE, INCORPORATED 
SURVITEC SURVIVAL PRODUCTS, INCORPORATED 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/08/2022Motion for RehearingCertified question Motion for Rehearing filed on behalf of Survitec Survival Products, Inc.
03/11/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of the State of Texas, submitted by Natalie B. Thompson of the Office of the Solicitor General, Austin, Texas.
03/11/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received from Association of Equipment Manufacturers submitted by Mark Trachtenberg of Haynes and Boone, LLP of Houston, Texas and by Nicholas S. Goldin, Joshua Polster, and Anthony C. Piccirillo of Simpson Thacher & Bartlett LLP of New York, New York.
03/04/2022Reply BriefAppellant in case Reply Brief on the Merits filed on behalf of Fire Protection Service, Inc.
02/14/2022Brief on the MeritsAppellee in case Appellee's Brief on the Merits filed on behalf of Survitec Survival Products, Inc.
01/19/2022Brief on the MeritsAppellant in case Appellant's Brief on the Merits filed on behalf of Fire Protection Service, Inc.
12/17/2021Certified Question filed  Certified Question filed by the Fifth Circuit Court of Appeals on behalf of Fire Protection Service Corporation.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
09/09/2022Case Stored  e-stored
09/02/2022Motion for Rehearing - DisposedDenied
07/08/2022Case forwarded to Court 
07/08/2022Motion for Rehearing  Motion for Rehearing filed on behalf of Survitec Survival Products, Inc.
07/01/2022Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due no later than July 8, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
07/01/2022Motion for Extension of Time to File Motion for Rehearing  Unopposed Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of Survitec Survival Products, Inc.
06/15/2022Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing granted. The Motion for Rehearing is due July 5th, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/15/2022Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Survitec Survival Products, Inc.
06/03/2022Opinion issuedCertified question answered by the Court The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit. Justice Huddle delivered the opinion of the Court.
(6/3/2022 3:59:55 PM) 211088.pdf
03/31/2022Pro hac vice motion disposedFiling granted Motion in Support of Motion for Admission Pro Hac Vice for Joshua Polster granted.
03/31/2022Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Joshua Polster granted.
03/31/2022Pro hac vice motion disposedFiling granted Motion in Support of Motion for Admission Pro Hac Vice for Nicholas Goldin granted.
03/31/2022Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Nicholas Goldin granted.
03/31/2022Pro hac vice motion disposedFiling granted Motion in Support of Motion for Admission Pro Hac Vice for Anthony C. Piccirillo granted.
03/31/2022Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Anthony C. Piccirillo granted.
03/22/2022Oral argument   Argued on behalf of Appellant by Wallace B. Jefferson; Argued on behalf of Appellee  by Jeremy Gaston; Argued on behalf of Amicus Curiae, The State of Texas, by Natalie Thompson
03/18/2022Submission Schedule 
03/18/2022Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Ms. Natalie Thompson with Office of the Attorney General.  Submitted on behalf of State of Texas.
03/18/2022Motion to Argue disposedFiling granted Motion of Amicus Curiae The State of Texas to Participate in Oral Argument granted.  Time allotted to argue: 18/18/4 minutes
03/14/2022Miscellaneous Motion  Motion of Amicus Curiae The State of Texas to Participate in Oral Argument.
03/11/2022Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of the State of Texas, submitted by Natalie B. Thompson of the Office of the Solicitor General, Austin, Texas.
03/11/2022Amicus Curiae Brief received  Amicus Brief received from Association of Equipment Manufacturers submitted by Mark Trachtenberg of Haynes and Boone, LLP of Houston, Texas and by Nicholas S. Goldin, Joshua Polster, and Anthony C. Piccirillo of Simpson Thacher & Bartlett LLP of New York, New York.
03/11/2022Pro hac vice motion filed  Motion in Support of Motion for Admission Pro Hac Vice for Joshua Polster filed on behalf of Association of Equipment Manufactures.
03/11/2022Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Joshua Polster filed on behalf of Association of Equipment Manufactures.
03/11/2022Pro hac vice motion filed  Motion in Support of Motion for Admission Pro Hac Vice for Nicholas Goldin filed on behalf of Association of Equipment Manufactures.
03/11/2022Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Nicholas Goldin filed on behalf of Association of Equipment Manufactures.
03/11/2022Pro hac vice motion filed  Motion in Support of Motion for Admission Pro Hac Vice for Anthony C. Piccirillo filed on behalf of Association of Equipment Manufactures.
03/11/2022Pro hac vice motion filed  Motion for Admission Pro Hac Vice for Anthony C. Piccirillo filed on behalf of Association of Equipment Manufactures.
03/10/2022Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. Wallace Jefferson with Alexander, Dubose & Jefferson LLP of Austin, Texas, filed on behalf of Fire Protection Service, Inc.
03/07/2022Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Survitec Survival Products, Inc. Oral Argument will be presented by Jeremy Gaston of Hawash Cicack & Gaston LLP of Houston, Texas.
03/04/2022Reply Brief  Reply Brief on the Merits filed on behalf of Fire Protection Service, Inc.
02/23/2022Motion 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.
02/23/2022Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Fire Protection Service, Inc.
02/14/2022Brief on the Merits  Appellee's Brief on the Merits filed on behalf of Survitec Survival Products, Inc.
02/07/2022Call received  Call received from appellee regarding style of case.
02/01/2022Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Appellee's Brief on the Merits is granted. Appellee's Brief on the Merits is due February 14, 2022. Appellant's Reply Brief on the Merits is due March 1, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
01/31/2022Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Appellee's Brief on the Merits filed on behalf of Survitec Survival Products, Inc., and Fire Protection Service, Inc.
01/19/2022Brief on the Merits  Appellant's Brief on the Merits filed on behalf of Fire Protection Service, Inc.
01/07/2022Phone call from Clerk's Office  Call made to counsel for Appellee regarding filing fee.
01/04/2022Document filed (see remarks)  Challenge to Constitutionality of a State Statute filed on behalf of Servitec Survival Products, Inc.
01/04/2022Call received  Call received from counsel for Servitec Survival Products, Inc. regarding filing.
12/30/2021Electronic communication sent to Party  Email sent to counsel for Appellee regarding filing fee.
12/20/2021Pursuant to Tex. R. App. P. 58.6, the Court notifies the Attorney General of Texas that the constitutionality of a Texas statute is the subject of the Certified Question that the Court has agreed to answer.  Pursuant to TEX. R. APP. P. 58.6, the Court notifies the Attorney General of Texas that the constitutionality of a Texas statute is the subject of the Certified Question that the Court has agreed to answer. The State of Texas may intervene in the case at any reasonable time for briefing and oral argument on the question of constitutionality. TEX. R. APP. P. 58.8.
12/20/2021Brief on the Merits Ordered  Brief on the merits requested: Appellant brief due no later than January 19, 2022; Appellee's brief due February 8, 2022; Reply brief due February 23, 2022.
12/20/2021Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., March 22, 2022. Time allotted to argue: 20/20 minutes
12/20/2021Certified Question accepted 
12/20/2021Certified Question disposedCertified Question accepted
12/20/2021Call received  Call received from counsel for Appellant to clarify filing fee.
12/17/2021Notice requesting filing fee  Filing fee request sent to both parties.
12/17/2021Case Record Filed  
12/17/2021Certified Question filed  Certified Question filed by the Fifth Circuit Court of Appeals on behalf of Fire Protection Service Corporation.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/09/2022Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Fire Protection Service, Inc.AppellantMr. Wallace B. Jefferson  
Mr. Nicholas Bacarisse
Mr. William Scott Matney
Ms. Melanie Plowman
Survitec Survival Products, Inc.AppelleeMr. David Charles McLauchlan
Mr. Jeremy J. Gaston
Mr. Peter Alexander McLauchlan
Office of the Solicitor General of TexasAmicus CuriaeAtty. Gen. W. Kenneth Paxton Jr.
Mr. Judd Stone II
Mr. Brent Webster
Mr. Bill Davis
Ms. Natalie Thompson
Association of Equipment ManufacturersAmicus CuriaeMr. Nicholas Goldin
Mr. Joshua Polster
Mr. Mark R. Trachtenberg
Mr. Anthony C. Piccirillo
Court of Appeals Information:
 
 
 
 
Trial Court Information