Supreme Court

Case: 22-0431    
22-0431
06/01/2022
Second Petition for Review/Cause under Rule 53.1
UNION PACIFIC RAILROAD COMPANY AND EZRA ALDERMAN RANCHES, INC. 
ELSA PRADO, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF ROLANDO PRADO, JR., DECEASED, AND AS NEXT FRIEND OF A.P., MINOR; ELIZABETH PRADO; ROLANDO PRADO; AND MARIA PRADO 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/01/2023Post submission brief filedPetitioner Post-Submission Letter filed on behalf of Ezra Alderman Ranches, Inc.
12/01/2023Post submission brief filedPetitioner Reply to Response to Post-Submission Letter Brief filed on behalf of Union Pacific Railroad Company, et al.
11/30/2023Post submission brief filedPetitioner Post-Submission Letter filed on behalf of Union Pacific Railroad Company.
11/30/2023Post submission brief filedRespondent Post-Submission Letter filed on behalf of Elsa Prado, et al.
06/06/2023Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Ezra Alderman Ranches, Inc.
06/01/2023Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Union Pacific Railroad Company.
05/17/2023Brief on the MeritsRespondent Combined Response Brief on the Merits filed on behalf of Elsa Prado, et al.
02/24/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Ezra Alderman Ranches, Inc.
02/16/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Union Pacific Railroad Company.
11/29/2022Reply to ResponsePetitioner Reply to Response to Petition for Review filed on behalf of Ezra Alderman Ranches, Inc.
11/22/2022Reply to ResponsePetitioner Reply in support of Petition for Review filed on behalf of Union Pacific Railroad Company.
11/07/2022Response to PetitionRespondent Response to Union Pacific Railroad Company's Petition for Review filed on behalf of Elsa Prado, et al.
11/07/2022Response to PetitionRespondent Response to Ezra Alderman Ranch's Petition for Review filed on behalf of Elsa Prado, et al.
07/28/2022Petition for Review #2Petitioner Petition for Review filed on behalf of Ezra Alderman Ranches, Inc.
07/11/2022Petition for ReviewPetitioner Petition for Review filed on behalf of Union Pacific Railroad Company.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/16/2022Brief on the Merits Ordered  Brief on the Merits requested: Petitioner's brief due January 17, 2023, Respondent's brief due February 6, 2023, Petitioner's reply brief due February 21, 2023.
12/01/2023Post submission brief filed  Post-Submission Letter filed on behalf of Ezra Alderman Ranches, Inc.
12/01/2023Post submission brief filed  Reply to Response to Post-Submission Letter Brief filed on behalf of Union Pacific Railroad Company, et al.
11/30/2023Post submission brief filed  Post-Submission Letter filed on behalf of Union Pacific Railroad Company.
11/30/2023Post submission brief filed  Post-Submission Letter filed on behalf of Elsa Prado, et al.
11/29/2023Oral argument   Argued on behalf of Petitioner, Union Pacific Railroad, by Kent Rutter; Argued on behalf of Petitioner, Ezra Alderman Ranches, Inc., by Stephan B. Rogers; Argued on behalf of Respondents by Andrew R. Gould
11/29/2023Oral argument   Argued on behalf of Petitioner, Union Pacific Railroad, by Kent Rutter; Argued on behalf of Petitioner, Ezra Alderman Ranches, Inc., by Stephan B. Rogers; Argued on behalf of Respondents by Andrew R. Gould
11/29/2022Reply to Response  Reply to Response to Petition for Review filed on behalf of Ezra Alderman Ranches, Inc.
11/22/2022Reply to Response  Reply in support of Petition for Review filed on behalf of Union Pacific Railroad Company.
11/21/2022MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply to Response to Petition for Review is granted. Reply is due November 29, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/21/2022Motion 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 Erza Alderman Ranches, Inc.
11/14/2023Oral Argument Submission Form from Attorney received  Oral Argument will be presented by Mr. Andrew R. Gould with Arnold & Itkin, LLP of Houston, Texas, filed on behalf of Elsa Pardo, et al.
11/14/2023Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Ezra Alderman Ranches, Inc. Oral Argument will be presented by Stephan B. Rogers of Rogers & Elliot, PLLC from Boerne, Texas.
11/14/2023Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Union Pacific Railroad Company, et al. Oral Argument will be presented by Kent Rutter of Haynes and Boone, LLP, Houston, Texas.
11/07/2022Response to Petition  Response to Union Pacific Railroad Company's Petition for Review filed on behalf of Elsa Prado, et al.
11/07/2022Response to Petition  Response to Ezra Alderman Ranch's Petition for Review filed on behalf of Elsa Prado, et al.
10/03/2022Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Responses to Petitions for Review is granted. Responses are due November 9, 2022.
10/03/2022Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Responses to Petitions for Review filed on behalf of Elsa Prado, et al.
09/22/2023Notice of Appearance  Notice of Appearance filed on behalf of Elsa Prado, et al.
09/22/2023Order of the Court IssuedSeverance of action pending before Supreme Court Pursuant to Texas Rule of Appellate Procedure 42.1, the Court severs and dismisses the claims against Lonestar Resources, Inc. from case no. 22-0431. The remainder of the appeal in case no. 22-0431, restyled Union Pacific Railroad Company and Ezra Alderman Ranches, Inc. v. Elsa Prado, Individually and as Representative of the Estate of Rolando Prado, Jr., Deceased and as Next Friend of A.P., Minor; Elizabeth Prado; Rolando Prado; and Maria Prado, remains pending before this Court. (Justice Lehrmann not particiapting)
09/22/2023Motion to dismiss disposedFiling granted Unopposed Motion to Sever granted
09/09/2022Supreme Court of Texas Requested Response  Requested responses to both petitions for review due no later than October 10, 2022.
09/05/2023Motion to dismiss  Unopposed Motion to Sever filed on behalf of Lonestar Resources, Inc.
09/01/2023Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., November 29, 2023. Time allotted to argue: 20/20 minutes (Justice Lehrmann not participating)
09/01/2023Petition for Review disposedFiling granted
09/01/2023Petition for Review granted 
09/01/2023Case set for oral argumentCase set for oral argument This case has been set for oral argument at 9:00 a.m., November 29, 2023. Time allotted to argue: 20/20 minutes (Justice Lehrmann not participating)
09/01/2023Petition for Review disposedFiling granted
09/01/2023Petition for Review granted 
08/09/2022Case forwarded to Court 
08/09/2022Case forwarded to Court 
08/08/2022Response Waiver filed  Response Waiver filed on behalf of Elsa Prado, et al.
07/28/2022Petition for Review #2  Petition for Review filed on behalf of Ezra Alderman Ranches, Inc.
07/26/2022Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Petition for Review granted. No further extensions of time will be considered. Petition for Review is due no later than July 28, 2022.
07/25/2022Third Motion for Extension of Time to File Petition for Review filed  Third Motion for Extension of Time to file Petition for Review filed on behalf of Ezra Alderman Ranches, Inc.
07/11/2022Petition for Review  Petition for Review filed on behalf of Union Pacific Railroad Company.
07/06/2022Second Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Second Motion for Extension of Time to file Petition for Review is granted. Erza Alderman Ranches, Inc.'s Petition for Review is due July 25, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/06/2022Second Motion for Extension of Time to File Petition for Review filed  Unopposed Second Motion for Extension of Time to file Petition for Review filed on behalf of Ezra Alderman Ranches, Inc.
06/08/2022Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due July 11, 2022.
06/08/2022Motion 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 Ezra Alderman Ranches, Inc.
06/06/2023Reply Brief  Reply Brief on the Merits filed on behalf of Ezra Alderman Ranches, Inc.
06/02/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits granted. Reply Brief is due June 6, 2023. Further requests for extensions of time for this filing will be disfavored.
06/01/2023Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Ezra Alderman Ranches, Inc.
06/01/2023Reply Brief  Reply Brief on the Merits filed on behalf of Union Pacific Railroad Company.
06/01/2022Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due no later than July 11, 2022.
06/01/2022Motion 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 Union Pacific Railroad Company.
06/01/2022Supplement to Clerk's/Reporter's Record 
06/01/2022Supplement to Clerk's/Reporter's Record 
06/01/2022Supplement to Clerk's/Reporter's Record 
06/01/2022Court reporter/recorder's record 
06/01/2022Court reporter/recorder's record 
06/01/2022Court reporter/recorder's record 
06/01/2022Court reporter/recorder's record 
06/01/2022Court reporter/recorder's record 
06/01/2022Court reporter/recorder's record 
06/01/2022Clerk's Record 
06/01/2022Supplement to Clerk's/Reporter's Record 
06/01/2022Court reporter/recorder's record 
06/01/2022Clerk's Record 
05/17/2023Brief on the Merits  Combined Response Brief on the Merits filed on behalf of Elsa Prado, et al.
04/11/2023Motion 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 on the Merits is due no later than May 17, 2023. Petitioners' Reply Briefs on the Merits are due no later than June 1, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
04/11/2023Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Elsa Prado, et al.
04/04/2024Mandate issued  Mandate & Cost Bill Issued
03/08/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits is granted Respondent's Brief on the Merits is due no later than April 17, 2023. Petitioners' Reply Briefs on the Merits are due no later than May 2, 2023. Further requests for extensions of time for this filing will be disfavored.
03/08/2023Motion 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 Elsa Prado, et al.
02/24/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Ezra Alderman Ranches, Inc.
02/23/2024Court approved judgment sent to attorneys of recordIssued
02/23/2024Opinion issuedIssued
02/23/2024Opinion issuedCourt of Appeals' judgment reversed, trial court judgment reinstated The Court reverses the court of appeals' judgment and reinstates the trial court's judgment. Justice Boyd delivered the opinion of the Court.
(2/23/2024 10:04:47 AM) 220431.pdf, 22-0431.jmt.pdf
02/17/2023Call received  Call from Respondent's counsel confirming brief due date.
02/16/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Union Pacific Railroad Company.
02/15/2023Motion 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 on the Merits is due no later than February 24, 2023. Respondent's Brief on the Merits is due March 16, 2023. Petitioner's Reply Brief on the Merits is due March 31, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
02/15/2023Motion 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 Ezra Alderman Ranches, Inc., et al.
01/13/2023Motion 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 February 16, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's Brief due March 8, 2023; Reply Brief due March 23, 2023.
01/13/2023Motion 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 Ezra Alderman Ranches, Inc.
01/12/2023Motion 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 February 16, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's Brief due March 8, 2023; Reply Brief due March 23, 2023.
01/12/2023Motion 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 Union Pacific Railroad Company.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
04/04/2024Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Prado, MariaRespondentMr. John Bireley
Mr. Jason A. Itkin
Mr. Noah Michael Wexler
Prado, ElsaRespondentMr. John Bireley
Mr. Andrew R. Gould
Mr. Christopher Balser
Mr. Noah Michael Wexler
Ms. Nissa M. Dunn
Mr. Samuel V. Houston III
Mr. Jason A. Itkin
Prado, RolandoRespondentMr. John Bireley
Mr. Jason A. Itkin
Mr. Noah Michael Wexler
Prado , ElizabethRespondentMr. Samuel V. Houston III
Ms. Nissa M. Dunn
Mr. Noah Michael Wexler
Mr. Jason A. Itkin
Mr. John Bireley
Ezra Alderman Ranches, Inc.PetitionerMr. Bill D. Blanton
Mr. Stephan B. Rogers
Ms. Kelly P. Rogers
Lonestar Resources, Inc.Other interested party Mr. Nikolai A. Mimari
Ms. Lisa M. Wright
Ms. Edith Marie Jamison
Mr. Bradley W. Snead
Mr. Ty Griesenbeck Jr.
Mr. Lewin Plunkett
Ms. Jessica Z. Barger
Union Pacific Railroad CompanyPetitionerMr. John W. Proctor
Mr. Kent G. Rutter
Mr. Norton A. Colvin Jr.
Ms. Christina F. Crozier
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
647 SW3d 731, 07-28-21 
4th Court of Appeals 
Honorable Luz Elena D Chapa 
Trial Court Information
81st District Court 
La Salle 
Honorable Susan Dolan Reed 
16-07-00095-CVL