Supreme Court

Case: 22-0678    
22-0678
08/12/2022
Petition for Review/Cause under Rule 53.1
RACHEL LAUREN GOLDSTEIN 
JAMES SABATINO 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/22/2023Supplemental Brief filedRespondent Supplemental Response Brief on the Merits filed on behalf of James Sabatino.
03/27/2023Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of James Sabatino.
03/09/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Rachel Lauren Goldstein.
11/28/2022Response to Petition  Response to Petition for Review filed on behalf of James Sabitino.
09/14/2022Petition for ReviewPetitioner Petition for Review filed on behalf of Rachel Lauren Goldstein.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/22/2023Supplemental Brief filed  Supplemental Response Brief on the Merits filed on behalf of James Sabatino.
12/21/2023Notice of Appearance  Notice of Appearance of Additional Appellate Counsel filed on behalf of James Sabatino.
12/13/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Supplemental Response Brief is granted. Supplemental Response Brief is due December 22, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Supplemental Reply Brief is due January 22, 2024.
12/13/2023Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Supplemental Brief filed on behalf of James Sabatino.
11/28/2022Response to Petition  Response to Petition for Review filed on behalf of James Sabitino.
11/21/2023Supreme Court orders additional briefing from parties  Supplemental Briefing requested stating: Respondent may file a supplemental response brief on the merits by Friday, December 15, 2023. Petitioner may file a reply brief by Friday, January 12, 2024. Each brief may not exceed 7,500 words, taking into account the contents included and excluded in calculating the length of a document under Tex. R. App. P. 9.4(i)(1).  
11/20/2023Letter Filed  Letter filed by Supreme Court Pro Bono Program on behalf of James Sabatino.
11/18/2022Supreme Court of Texas Requested Response  Requested response to petition for review due no later December 19, 2022.
11/08/2023Notice of Appearance  Notice of Appearance filed on behalf of James Sabatino.
11/03/2023Referral to Pro Bono Program - Letter sent to All Counsel of Record and Program Liason  Letter sent to Pro Bono Liaison: " The Court previously granted Respondent’s attorney’s motion to withdraw and referred the matter to the State Bar of Texas Appellate Section’s Pro Bono Committee.  Our understanding is that Respondent has neither secured new counsel nor applied for participation in the Pro Bono Program. Accordingly, the Court is supplementing its referral to request that the Pro Bono Committee attempt to locate a volunteer lawyer to serve as an Amicus Attorney for the purpose of defending the court of appeals’ judgment. The attorney’s duties would consist of submitting supplemental briefing if the attorney deems it appropriate and presenting oral argument. Please inform us when you are able to locate an attorney to serve in this role, at which point we will issue an order appointing the attorney and setting supplemental briefing deadlines. Please update us accordingly if you are unable to locate a suitable volunteer w/in 14 days of receipt of this letter."
11/03/2023Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., February 20, 2024.  Time allotted to argue: 20/20 minutes
10/27/2023Call received  Call received from Respondent regarding Pro Bono Program.
10/18/2022Case forwarded to Court 
09/28/2023Phone call from Clerk's Office  Call made to Respondent regarding notice sent via email and U.S. mail.
09/28/2023Referral to Pro Bono Program - Letter sent to All Counsel of Record and Program Liason  Letter sent stating:"The Court previously decided to hear oral argument in the above-styled case and has granted Respondent’s attorney’s motion to withdraw.  Because Respondent is now appearing pro se, the Court is referring the matter to the State Bar of Texas Appellate Section’s Pro Bono Committee in accordance with its Pro Bono Program."
09/14/2022Petition for Review  Petition for Review filed on behalf of Rachel Lauren Goldstein.
09/01/2023Submission resetThe date and time for oral argument are yet to be determined. Today the Supreme Court of Texas pulled this cause from oral submission on October 3, 2023.  The date and time for oral argument are yet to be determined.
08/28/2023Electronic communication received from Party  Email received from Respondent.
08/28/2023Motion to withdraw disposed ofFiling granted Counsel's Motion to Withdraw granted
08/23/2023Electronic communication received from Party  Email received from counsel for Respondent.
08/21/2023Electronic communication received from Party  Email received from counsel for Respondent.
08/16/2022Motion 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 September 14, 2022.
08/16/2022Call received  Call received from counsel for Petitioner.
08/12/2022Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of the State of Texas.
08/12/2022Court reporter/recorder's record 
08/12/2022Clerk's Record 
08/09/2023Motion to Withdraw Filed  Unopposed Motion to Withdraw as Counsel filed on behalf of James Sabatino.
08/09/2023Phone call from Clerk's Office  Call made to attorney W. Tyler Moore regarding call received. Informed Mr. Moore that a motion to withdraw as counsel is needed in order not to participate in oral argument.
08/08/2023Letter Filed  Letter filed on behalf of James Sabatino.
07/21/2023Motion for leave to file brief disposedFiling granted Motion for Leave to file Amended Brief is granted.
07/20/2023Motion for Leave to File Amended Brief filed  Unopposed Motion for Leave to file Amended Brief filed on behalf of James Sabatino.
07/14/2023Oral Argument Submission Form from Attorney received  Oral Argument Submission Form filed on behalf of James Sabatino. Oral Argument will be presented by W. Tyler Moore of W. Tyler Moore, P.C. from Houston, Texas.
07/14/2023Submission resetCase set for oral argument This cause has been reset for oral argument at 9:00 a.m., October 3, 2023. Time allotted to argue: 20/20 minutes
07/14/2023Motion to re-set submission date disposedFiling granted Motion to Reschedule Oral Argument granted.
07/07/2023Electronic communication sent to Party  Email sent to counsel for Petitioner to determine stance on Motion to Reset Oral Argument.
07/07/2023Motion to re-set submission date filed.  Motion to Reset Oral Argument filed on behalf of James Sabatino.
07/06/2023Call received  Call received from counsel for Petitioner to clarify exempt status.
07/05/2024Mandate issued  Mandate & Cost Bill Issued
07/03/2023Call received  Call received from counsel.
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 
05/24/2024Court approved judgment sent to attorneys of recordIssued
05/24/2024Opinion issuedCourt of appeals' judgment affirmed The Court affirms the court of appeals' judgment. Justice Lehrmann delivered the opinion of the Court.

(5/24/2024 10:14:49 AM) 220678.pdf, 22-0678.jmt.pdf
03/27/2023Brief on the Merits  Respondent's Brief on the Merits filed on behalf of James Sabatino.
03/09/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Rachel Lauren Goldstein.
02/24/2023Motion 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 March 14, 2023. Respondent's Brief on the Merits is due April 3, 2023. Petitioner's Reply Brief on the Merits is due April 18, 2023. Further requests for extensions of time for this filing will be disfavored.
02/24/2023Motion 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 Rachel Lauren Goldstein.
02/20/2024Oral argument   Argued on behalf of Petitioner by Bridget Holloway; Argued on behalf of Respondent by Emily A. Fitzgerald and Sam Bragg
02/16/2024Submission Schedule 
02/09/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form received on behalf of Rachel Lauren Goldstein. Oral Argument will be presented by Bridget Holloway of the Harris County District Attorney's Office of Houston, Texas.
02/09/2024Call received  Call from counsel regarding filing of submission form without fee per statute.
02/09/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of James Sabatino. Oral Argument will be presented by Emily A. Fitzgerald and Sam Bragg of Alston & Bird LLP of Dallas, Texas.
02/09/2024Call received  Call received from counsel for Respondent regarding Oral Argument.
01/27/2023Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than February 27, 2023; Response brief due March 20, 2023; Reply brief due April 4, 2023.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/05/2024Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
The State of TexasPetitionerMs. Bridget Holloway
Ms. Kimbra Kathryn Ogg
Ms. Cornelia A. Hartman
Sabatino, James RespondentMs. Georgina St Johns
Mr. Samuel Bragg
Ms. Emily Fitzgerald
Court of Appeals Information:
Vacate & Dismiss 
649 SW3d 841, 06-30-22 
1st Court of Appeals 
Honorable Gordon Goodman 
Trial Court Information
280th District Court 
Harris 
Honorable Barbara J. Stalder 
2020-68595