Supreme Court

Case: 22-0179    
22-0179
03/09/2022
Petition for Review/Cause under Rule 53.1
TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER - EL PASO 
DR. LINDSEY NIEHAY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/06/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of BNSF Railway Company.
12/29/2022Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Texas Tech University Health Sciences Center - El Paso.
12/13/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received from AARP, AARP Foundation, American Diabetes Association, and Disability Rights Texas. Submitted by Brian East of Disability Rights Texas in Austin, Texas.
12/07/2022Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Dr. Lindsey Niehay.
11/17/2022Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Texas Tech University Health Sciences Center - El Paso.
07/28/2022Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf Texas Tech University Health Sciences Center - El Paso.
07/20/2022Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief received on behalf of BNSF Railway Company. Submitted by Mr. Bryan P. Neal with Holland & Knight LLP of Dallas, Texas.
07/13/2022Response to PetitionRespondent Response to Petition for Review filed on behalf of Dr. Lindsey Niehay
05/23/2022Petition for ReviewPetitioner Petition for Review filed on behalf of TexasTech University Health Sciences Center - El Paso.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2022Reply Brief  Reply Brief on the Merits filed on behalf of Texas Tech University Health Sciences Center - El Paso.
12/20/2022Pro hac vice motion disposedFiling granted Motion of Resident Attorney Brian East in Support of William Alvarado Rivera's Motion for Admission Pro Hac Vice is granted.
12/20/2022Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice of William Alvarado Rivera is granted.
12/20/2022Pro hac vice motion filed  Motion of Resident Attorney Brian East in Support of  William Alvarado Rivera's Motion for Admission Pro Hac Vice filed on behalf of AARP, et al.
12/16/2022Pro hac vice motion filed  Motion for Admission Pro Hac Vice of William Alvarado Rivera filed on behalf of AARP, et al.
12/16/2022Pro hac vice motion disposedFiling granted Motion of Resident Attorney Brian East in Support of Daniel B. Kohrman's Admission Pro Hac Vice is granted.
12/16/2022Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Daniel B. Kohrman is granted.
12/15/2022Pro hac vice motion filed  Motion of Resident Attorney Brian East in Support of Daniel B. Kohrman's Admission Pro Hac Vice filed on behalf of AARP, et al.
12/15/2022Pro hac vice motion filed  Motion for Admission Pro Hac Vice of Daniel B. Kohrman filed on behalf of AARP, et al.
12/13/2022Electronic communication sent to Party  Email sent to counsel for Amici Curiae, AARP, AARP Foundation, American Diabetes Association, and Disability Rights Texas.
12/13/2022Amicus Curiae Brief received  Amicus Brief received from AARP, AARP Foundation, American Diabetes Association, and Disability Rights Texas. Submitted by Brian East of Disability Rights Texas in Austin, Texas.
12/09/2022Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due December 29, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
12/09/2022Motion 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 Texas Tech University Health Sciences Center - El Paso.
12/07/2022Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Dr. Lindsey Niehay.
11/17/2022Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Texas Tech University Health Sciences Center - El Paso.
10/21/2022Motion 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 November 17, 2022; Respondent's brief is due December 7, 2022; and Reply brief is due December 22, 2022.
10/21/2022Motion 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 Texas Tech University Health Sciences Center - El Paso.
09/19/2022Motion to withdraw disposed ofFiling granted Motion to Withdraw as Counsel for Taneska Jones is granted.
09/19/2022Motion to Withdraw Filed  Motion to Withdraw as Counsel filed on behalf of Lindsey Niehay.
09/09/2022Motion for Extension of Time disposed.Filing granted Motion for Extension of time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief is due November 2, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due November 22, 2022. Reply Brief is due December 7, 2022.
09/09/2022Motion 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 Texas Tech University Health Sciences Center- El Paso.
09/02/2022Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than October 3, 2022; Response brief due October 24, 2022; Reply brief due November 8, 2022.
08/11/2023Mandate issued  Mandate & Cost Bill Issued
07/28/2022Reply to Response  Reply in support of Petition for Review filed on behalf Texas Tech University Health Sciences Center - El Paso.
07/20/2022Amicus Curiae Brief received  Amicus Brief received on behalf of BNSF Railway Company. Submitted by Mr. Bryan P. Neal with Holland & Knight LLP of Dallas, Texas.
07/19/2022Case forwarded to Court 
07/13/2022Response to Petition  Response to Petition for Review filed on behalf of Dr. Lindsey Niehay
06/30/2023Court approved judgment sent to attorneys of recordIssued
06/30/2023Dissenting opinion issued.Issued Justice Boyd filed a dissenting opinion, in which Justice Lehrmann joined.
06/30/2023Concurring Opinion issued.Issued Justice Blacklock filed a concurring opinion, in which Justice Devine and Justice Young joined.
06/30/2023Opinion issuedCourt of Appeals' judgment reversed and dismissed The Court reverses the court of appeals' judgment and dismisses the case for lack of jurisdiction. Chief Justice Hecht delivered the opinion of the Court, in which Justice Devine, Justice Blacklock, Justice Busby, Justice Bland, Justice Huddle, and Justice Young joined.
(6/30/2023 4:36:48 PM) 220179d.pdf, 220179c.pdf, 220179.pdf, 22-0179.jmt.pdf
06/06/2022Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review granted. Further requests for extensions of time will be disfavored. Response is due no later than July 13, 2022.
06/03/2022Motion for Extension of Time to File Response  Motion for Extension of Time to file Response to Petition for Review filed on behalf of Dr. Lindsey Niehay.
05/23/2022Petition for Review  Petition for Review filed on behalf of TexasTech University Health Sciences Center - El Paso.
04/13/2022Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review granted. Further requests for extensions of time will be disfavored. Petition for Review is due no later than May 23, 2022.
04/12/2022Response 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 Lindsey Niehay.
04/11/2022Electronic communication received from Party  Email from counsel stating a response to motion will be filed.
04/11/2022Electronic communication sent to Party  Email to counsel to determine if a response to motion will be filed.
04/11/2022Second 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 Texas Tech University Health Sciences Center - El Paso.
04/11/2022Notice of Appearance  Notice of Appearance of Ari Cuenin filed on behalf of the Texas Tech University Health Sciences Center- El Paso.
03/09/2022Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due no later than April 22, 2020.
03/09/2022Motion 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 Texas Tech University Health Sciences Center - El Paso.
03/09/2022Clerk's Record 
03/09/2022Court reporter/recorder's record 
02/21/2023Oral argument   Argued on behalf of Petitioner by Ari Cuenin; Argued on behalf of Respondent by Dorian Vandenberg-Rodes
02/10/2023Oral Argument Submission Form from Attorney received  Oral Argument Submission form filed on behalf of Texas Tech University Health Science Center - El Paso. Oral Argument will be presented by Ari Cuenin of the Office of the Attorney General of Austin, Texas.
02/10/2023Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of Dr. Lindsey Niehay. Oral Argument will be presented by Dorian Vandenberg-Rodes of Shellist Lazarz Slobin, LLP from Houston, Texas.
02/08/2023Call received  Call received from counsel for Amicus Curiae party regarding updating addresses.
02/06/2023Amicus Curiae Brief received  Amicus Brief received on behalf of BNSF Railway Company.
01/27/2023Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., February 21, 2023.  Time allotted to argue: 20/20 minutes
01/27/2023Petition for Review disposedFiling granted
01/27/2023Petition for Review granted 
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/11/2023Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Texas Tech University Health Sciences Center - El PasoPetitionerThe Honorable Samuel Dorfman
Mr. Judd Stone II
Justin Manchester
Mr. Brent Webster
Mr. Shawn Cowles
Mr. Jeffrey Edwin Farrell
Mr. Thomas Andren Albright
Mr. Ari Cuenin
Atty. Gen. W. Kenneth Paxton Jr.
Niehay, LindseyRespondentMs. Susan Marcus Forbes
Mr. Stewart W. Forbes
Ms. Dorian Vandenberg-Rodes
Mr. Michael Todd Slobin
AARP FoundationAmicus CuriaeMr. Daniel B. Kohrman
Mr. Brian East
Mr. William Alvarado Rivera
BNSF Railway CompanyAmicus CuriaeMr. Stephen F. Fink
Mr. Bryan P. Neal
American Diabetes AssociationAmicus CuriaeMr. Brian East
AARPAmicus CuriaeMr. William Alvarado Rivera
Mr. Daniel B. Kohrman
Mr. Brian East
Disability Rights TexasAmicus CuriaeMr. Brian East
Mr. William Alvarado Rivera
Mr. Daniel B. Kohrman
Court of Appeals Information:
Affirmed  
641 SW3d 761, 01-31-22 
8th Court of Appeals 
Honorable Per Curiam 
Trial Court Information
171st District Court 
El Paso 
Honorable Bonnie Rangel 
2017DCV2558