Supreme Court

Case: 22-0459    
22-0459
06/09/2022
Petition for Review/Cause under Rule 53.1
SEALY EMERGENCY ROOM, L.L.C. AND KANNAPPAN KRISHNASWAMY, M.D. 
FREE STANDING EMERGENCY ROOM MANAGERS OF AMERICA, L.L.C., DR. ATUL DHINGRA, DR. SWAPAN DUBEY, AND DR. SANJEEV DUBEY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/24/2023Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Sealy Emergency Room, L.L.C., et al.
04/07/2023Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Free Standing Emergency Room Managers of America, LLC, et al.
02/16/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Sealy Emergency Room, L.L.C., et al.
08/15/2022Response to PetitionRespondent Response to Petition for Review filed on behalf of Free Standing Emergency Room Managers of America, L.L.C., et al.
06/09/2022Petition for ReviewPetitioner Petition for Review filed on behalf of Sealy Emergency Room, L.L.C., et al.
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.
12/01/2023Supplement to Clerk's/Reporter's Record  Supplemental Clerk's Record received from First Court of Appeals.
11/09/2023Call received  Call received from counsel for Petitioner regarding filing.
10/24/2023Oral argument   Argued on behalf of Petitioners by Cynthia L. Jones; Argued on behalf of Respondents by Ashish Mahendru
10/13/2023Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Free Standing Emergency Room Managers of America, LLC, et al. Oral Argument will be presented by Ashish Mahendru of Mahendru, P.C. of Houston, Texas.
10/13/2023Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Sealy Emergency Room, L.L.C., et al. Oral Argument will be presented by Cynthia L. Jones of Newton, Jones & McNeely of Houston, Texas.
08/15/2022Response to Petition  Response to Petition for Review filed on behalf of Free Standing Emergency Room Managers of America, L.L.C., et al.
08/05/2022Reply to Response to Motion  Reply in Support of Motion to Stay Related Proceedings filed on behalf of Sealy Emergency Room, L.L.C., et al.
07/29/2022Response to Motion filed  Response to Motion to Stay filed on behalf of Free Standing Emergency Room Managers of America, L.L.C., et al.
07/27/2022Electronic communication sent to Party  Email sent to counsel for Respondent to determine position on Motion to Stay Related Proceedings.
07/27/2022Motion to Stay Filed   Motion to Stay Related Proceedings filed on behalf of Sealy Emergency Room, L.L.C., et al.
07/15/2022Supreme Court of Texas Requested Response  Requested response to petition for review due no later than August 15, 2022.
06/30/2023Case set for oral argumentCase set for oral argument This cause has been set for oral argument at 9:00 a.m., October 24, 2023. Time allotted to argue: 20/20 minutes
06/16/2023Petition for Review disposedFiling granted The date and time for oral argument are yet to be determined.
06/16/2023Petition for Review granted 
06/14/2022Case forwarded to Court 
06/10/2022Response Waiver filed  Response Waiver filed on behalf of Free Standing Emergency Room Managers of America, L.L.C.
06/09/2022Petition for Review  Petition for Review filed on behalf of Sealy Emergency Room, L.L.C., et al.
06/09/2022Clerk's Record 
06/09/2022Court reporter/recorder's record 
04/24/2023Reply Brief  Reply Brief on the Merits filed on behalf of Sealy Emergency Room, L.L.C., et al.
04/07/2023Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Free Standing Emergency Room Managers of America, LLC, et al.
04/05/2024Mandate issued  Mandate & Cost Bill Issued
02/24/2023Call received  Call received from counsel for Petitioner regarding Order.
02/24/2023Stay Order issued 
02/24/2023Motion to Stay DisposedFiling granted in part Motion to Stay granted in part
02/23/2024Court approved judgment sent to attorneys of recordIssued
02/23/2024Opinion issuedCourt of Appeals' judgment reversed and remanded to Court of Appeals The Court reverses the court of appeals' judgment and remands the case to that court. Justice Busby delivered the opinion of the Court.
(2/23/2024 10:43:16 AM) 220459.pdf, 22-0459.jmt.pdf
02/23/2024Stay Order lifted  Stay order issued February 24, 2023 is lifted.
02/21/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Respondent's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Respondent's brief is due no later than April 7, 2023; and Reply brief is due April 24, 2023.
02/20/2023Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Free Standing Emergency Room Managers of America, L.L.C., et al.
02/16/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Sealy Emergency Room, L.L.C., et al.
01/31/2023Letter Filed  Letter filed on behalf of Sealy Emergency Room, L.L.C., et al.
01/13/2023Notice of Appearance  Notice of Appearance and Designation of New Lead Counsel filed on behalf of Sealy Emergency Room, L.L.C., et al.
01/05/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Brief on the Merits granted. Further requests for extensions of time will be disfavored. Petitioners' brief is due no later than February 16, 2023; Respondent;s brief is due March 8, 2023; and Reply brief is due March 23, 2023.
01/04/2023Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Sealy Emergency Room, L.L.C., et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
04/05/2024Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Dubey, SanjeevRespondentMr. Ashish Mahendru
Mr. Darren Braun
Free Standing Emergency Room Managers of America, L.L.C. RespondentMr. Darren Braun
Mr. Ashish Mahendru
Dhingra, AtulRespondentMr. Darren Braun
Mr. Ashish Mahendru
Dubey, SwapanRespondentMr. Darren Braun
Mr. Ashish Mahendru
Sealy Emergency Room, L.L.C.PetitionerMs. Cynthia Jones
Mr. Tyler Boyd
Scott McCormick
Mr. Robert M. Randy Roach Jr.
Mr. Michael Y. McCormick
Mr. Daniel W. Davis
Krishnaswamy, KannappanPetitionerMr. Tyler Boyd
Mr. Robert M. Randy Roach Jr.
Scott McCormick
Ms. Cynthia Jones
Mr. Daniel W. Davis
Mr. Michael Y. McCormick
Court of Appeals Information:
Dismiss LOJ 
669 SW3d 488, 04-26-22 
1st Court of Appeals 
Honorable Julie Countiss 
Trial Court Information
125th District Court 
Harris 
Honorable O. Kyle Carter 
2018-48143A