Supreme Court

Case: 22-0878    
22-0878
10/04/2022
Second Petition for Review/Cause under Rule 53.1
MYERS-WOODWARD, LLC 
UNDERGROUND SERVICES MARKHAM, LLC AND UNITED BRINE PIPELINE COMPANY, LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/14/2024Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Curiae Letter Brief received from Christopher Greissing of the Essential Minerals Association, Arlington, Virginia.
11/06/2024Post submission brief filedRespondent Respondent/Cross-Petitioner's Post-Submission Letter Brief filed on behalf of Underground Services Markham, LLC.
10/21/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Underground Services Markham, LLC submitted by Aaron McLeod of Adams and Reese, LLP of Birmingham, Alabama.
06/05/2024Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Underground Services Markham, LLC, et al.
06/05/2024Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Myers-Woodward, LLC, et al.
03/21/2024Brief on the MeritsRespondent Respondents' Brief on the Merits filed on behalf of Underground Services Markham, LLC, et al.
03/19/2024Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Myers-Woodward, LLC.
12/29/2023Brief on the MeritsPetitioner Cross-Petitioner's Brief on the Merits filed on behalf of Underground Services Markham, LLC, et al.
12/29/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Myers-Woodward, LLC, et al.
08/30/2023Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Underground Services Markham, LLC, et al.
07/14/2023Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Myers-Woodward, LLC.
06/30/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Underground Services Markham, LLC, et al.
06/30/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Myers-Woodward, LLC.
01/20/2023Petition for Review #2Petitioner Cross Petition for Review filed on behalf of Underground Services Markham, LLC, et al.
01/20/2023Petition for ReviewPetitioner Petition for Review filed on behalf of Myers-Woodward, LLC, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2023Brief on the Merits  Cross-Petitioner's Brief on the Merits filed on behalf of Underground Services Markham, LLC, et al.
12/29/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Myers-Woodward, LLC, et al.
12/15/2022Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due no later than January 20, 2023. Further requests for extensions of time for this filing will not be considered.
12/15/2022Third Motion for Extension of Time to File Petition for Review filed  Third Joint Motion for Extension of Time to file Petition for Review filed on behalf of Myers-Woodward, LLC, et al.
11/22/2023Motion for Extension of Time disposed.Filing granted Second Joint Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. Petitioners' Brief is due December 29, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief is due January 18, 2024. Reply Brief is due February 2, 2024.
11/21/2023Motion for Extension of Time to File Brief filed  Second Joint Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Myers-Woodward, LLC, et al.
11/14/2024Amicus Curiae Letter Received  Amicus Curiae Letter Brief received from Christopher Greissing of the Essential Minerals Association, Arlington, Virginia.
11/13/2024Letter Filed  Letter filed on behalf of Myers-Woodward, LLC.
11/06/2024Post submission brief filed  Respondent/Cross-Petitioner's Post-Submission Letter Brief filed on behalf of Underground Services Markham, LLC.
11/04/2022Second 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 for this filing will be disfavored. Petition for Review is due December 21, 2022.
11/03/2022Second 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 Myers-Woodward, LLC.
10/29/2024Oral argument   Argued on behalf of Petitioner by Byron C. Keeling; Argued on behalf of Respondents by Wallace B. Jefferson
10/29/2024Oral argument   Argued on behalf of Petitioner by Byron C. Keeling; Argued on behalf of Respondents by Wallace B. Jefferson
10/26/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Brief on the Merits is granted in part. Petitioners' Brief is due November 29, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due December 19, 2023. Reply Brief is due January 3, 2023.
10/25/2023Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Myers-Woodward, LLC, et al.
10/21/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Underground Services Markham, LLC submitted by Aaron McLeod of Adams and Reese, LLP of Birmingham, Alabama.
10/07/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Underground Services Markham, LLC, et al. Oral Argument will be presented by Wallace B. Jefferson of Alexander Dubose & Jefferson, LLP of Austin, Texas.
10/07/2024Oral Argument Submission Form from Attorney received  Oral Argument Submission Form submitted on behalf of Myers-Woodward, LLC. Oral Argument will be presented by Byron C. Keeling of Keeling & Fredrickson, PC of Houston, Texas.
10/05/2022Motion for Extension of Time to File Petition for Review disposedFiling granted Joint Motion for Extension of Time to file Petitions for Review is granted. Petitions for Review are due no later than November 21, 2022.
10/04/2022Motion for Extension of Time to File Petition for Review filed  Joint Motion for Extension of Time to file Petitions for Review filed on behalf of Myers-Woodward, LLC, et al.
10/04/2022Supplement to Clerk's/Reporter's Record 
10/04/2022Court reporter/recorder's record 
10/04/2022Court reporter/recorder's record 
10/04/2022Supplement to Clerk's/Reporter's Record 
10/04/2022Clerk's Record 
09/29/2023Brief on the Merits Ordered  Brief on the merits requested:  Petitioner's brief due no later than October 30, 2023; Response brief due November 20, 2023; Reply brief due December 5, 2023.
08/30/2024Case set for oral argumentCase set for oral argument Oral argument of this case will be conducted on Tuesday, October 29, 2024 at 9:00 a.m. at The University of Houston Law Center, Houston, Texas. See Tex. Const. art. V, § 3(a).
08/30/2024Petition for Review disposedFiling granted
08/30/2024Petition for Review granted 
08/30/2024Case set for oral argumentCase set for oral argument Oral argument of this case will be conducted on Tuesday, October 29, 2024 at 9:00 a.m. at The University of Houston Law Center, Houston, Texas. See Tex. Const. art. V, § 3(a).
08/30/2024Petition for Review disposedFiling granted
08/30/2024Petition for Review granted 
08/30/2023Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Underground Services Markham, LLC, et al.
08/11/2023MET to file reply disposed ofFiling granted Unopposed Second Motion for Extension of Time to file Reply in Support of Petition for Review is granted.
08/11/2023Motion to Extend Time to File Reply filed  Unopposed Second Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Underground Services Markham, LLC, et al.
08/05/2025Mandate issued  Mandate & Cost Bill Issued
07/14/2023Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Myers-Woodward, LLC.
07/13/2023MET to file reply disposed ofFiling granted Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply is due August 16, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
07/13/2023Motion to Extend Time to File Reply filed  Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Underground Services Markham, LLC, et al.
06/30/2023Response to Petition  Response to Petition for Review filed on behalf of Underground Services Markham, LLC, et al.
06/30/2023Response to Petition  Response to Petition for Review filed on behalf of Myers-Woodward, LLC.
06/07/2023Motion for Extension of Time to File Response disposedFiling granted Second Joint Motion for Extension of Time to file Requested Responses to Petitions for Review is granted. Responses are due June 30, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
06/05/2024Reply Brief  Reply Brief on the Merits filed on behalf of Underground Services Markham, LLC, et al.
06/05/2024Reply Brief  Reply Brief on the Merits filed on behalf of Myers-Woodward, LLC, et al.
05/30/2025Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing granted. Further requests for extensions of time will be disfavored.  Motion for Rehearing is due no later than July 2, 2025.
05/30/2023Call received  Call received from counsel for Respondent to ask how to file the fee.
05/29/2025Motion for Extension of Time to File Motion for Rehearing  Motion for Extension of Time to file Motion for Rehearing filed on behalf of Underground Services Markham, LLC, et al.
05/26/2023Motion for Extension of Time to File Response  Unopposed Second Joint Motion for Extension of Time to file Requested Responses to Petitions for Review filed on behalf of Myers-Woodward, LLC.
05/16/2025Court approved judgment sent to attorneys of recordIssued
05/16/2025Opinion issuedIssued The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court. Chief Justice Blacklock delivered the opinion of the Court.
05/16/2025Opinion issuedCourt affirms in part and reverses in part CA judgment and remands to trial court The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court. Chief Justice Blacklock delivered the opinion of the Court.
04/23/2024Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due June 5, 2024. Further requests for extensions of time for this filing will not be considered.
04/23/2024Motion for Extension of Time to File Brief filed  Joint Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Myers-Woodward LLC, et al.
04/21/2023Motion for Extension of Time to File Response disposedFiling granted Joint Motion for Extension of Time to file Responses to Petitions for Review is granted. Responses are due May 31, 2023. Further requests for extensions of time for this filing will be disfavored.
04/21/2023Motion for Extension of Time to File Response  Unopposed Joint Motion for Extension of Time to file Requested Responses to Petitions for Review filed on behalf of Underground Services Markham, LLC, et al.
04/02/2024Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due May 6, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
04/01/2024Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Myers-Woodward, LLC, et al.
03/31/2023Supreme Court of Texas Requested Response  Requested responses to both petitions for review due no later than May 1, 2023.
03/21/2024Brief on the Merits  Respondents' Brief on the Merits filed on behalf of Underground Services Markham, LLC, et al.
03/19/2024Brief on the Merits  Response Brief on the Merits filed on behalf of Myers-Woodward, LLC.
02/28/2023Case forwarded to Court 
02/28/2023Case forwarded to Court 
02/13/2024Motion for Extension of Time disposed.Filing granted Second Joint Motion for Extension of Time to file Response Brief on the Merits is granted. Response Briefs are due March 21, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Briefs are due April 5, 2024.
02/13/2024Motion for Extension of Time to File Brief filed  Second Joint Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Myers-Woodward, LLC and Underground Services Markham, LLC, et al.
02/10/2023Response Waiver filed  Response Waiver filed on behalf of Myers-Woodward, LLC.
01/20/2023Petition for Review #2  Cross Petition for Review filed on behalf of Underground Services Markham, LLC, et al.
01/20/2023Petition for Review  Petition for Review filed on behalf of Myers-Woodward, LLC, et al.
01/19/2023Call received  Call received from counsel for Respondent regarding Motion filed.
01/19/2023Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Peter L. Hilbert, Jr. granted.
01/19/2023Pro hac vice motion disposedFiling granted Motion in Support of Motion for Admission Pro Hac Vice for Peter L. Hilbert, Jr. granted.
01/18/2023Pro hac vice motion disposedFiling granted Motion in Support of Motion for Admission Pro Hac Vice for Thomas J. Madigan, II granted.
01/18/2023Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Thomas J. Madigan, II granted.
01/18/2023Pro hac vice motion filed  Unopposed Motion of Resident Attorney Rachel Ekery in Support of Peter L. Hilbert, Jr.'s Admission Pro Hac Vice filed on behalf of United Brine Pipeline Company, LLC, et al.
01/18/2023Pro hac vice motion filed  Unopposed Motion for Admission Pro Hac Vice for Thomas J. Madigan, II filed on behalf of United Brine Pipeline Company, LLC, et al.
01/18/2023Pro hac vice motion filed  Unopposed Motion of Resident Attorney Rachel Ekery in Support of Thomas J. Madigan II’s Admission Pro Hac Vice filed on behalf of United Brine Pipeline Company, LLC, et al.
01/18/2023Pro hac vice motion filed  Unopposed Motion for Admission Pro Hac Vice for Peter L. Hilbert, Jr. filed on behalf of United Brine Pipeline Company, LLC, et al.
01/18/2023Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Stuart D. Kottle's Admission Pro Hac Vice is granted.
01/18/2023Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Stuart D. Kottle is granted.
01/18/2023Pro hac vice motion filed  Unopposed Motion of Resident Attorney Rachel Ekery in Support of Stuart D. Kottle's Admission Pro Hac Vice filed on behalf of United Brine Pipeline Company, LLC, et al.
01/18/2023Pro hac vice motion filed  Unopposed Motion for Admission Pro Hac Vice for Stuart D. Kottle filed on behalf of United Brine Pipeline Company, LLC, et al.
01/12/2024Motion for Extension of Time disposed.Filing granted Joint Motion for Extension of Time to file Respondents' Briefs on the Merits is granted. Respondents' Briefs are due February 20, 2024. Reply Briefs are due March 6, 2024. Further requests for extensions of time for this filing will be disfavored.
01/12/2024Motion for Extension of Time to File Brief filed  Joint Motion for Extension of Time to file Respondents' Briefs on the Merits filed on behalf of Myers-Woodward, LLC and Underground Services Markham, LLC, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
08/05/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
United Brine Pipeline Company, LLC RespondentMr. Peter L. Hilbert
Mr. Thomas J. Madigan II
Mr. Thomas A. Zabel
Ms. Rachel A. Ekery  
Mr. Stuart D. Kottle
Darnell Bludworth
Ms. Audrey Vicknair
Ms. Harriet O'Neill
Ms. Nancy Hahn Elliott  
Ms. Pamela Marie McCarty Dupuis
Mr. James M. Garner
Mr. Wallace B. Jefferson  
Myers-Woodward, LLCPetitionerMr. Ross A. Sears II
Ms. Anna Fredrickson
Mr. Byron Keeling
Mr. Lee S. Gill
Greissing, Christopher Amicus CuriaeMr. Christopher Greissing
Underground Services Markham, LLCAmicus CuriaeMr. Aaron McLeod
Underground Services Markham, LLCRespondentMr. Stuart D. Kottle
Ms. Nancy Hahn Elliott  
Ms. Rachel A. Ekery  
Ms. Audrey Vicknair
Ms. Harriet O'Neill
Mr. James M. Garner
Mr. Wallace B. Jefferson  
Ms. Pamela Marie McCarty Dupuis
Mr. Peter L. Hilbert
Mr. Thomas J. Madigan II
Mr. Thomas A. Zabel
Court of Appeals Information:
Aff/Rev & Rend/Rev & Rem 
699 SW3d 1, 06-16-22 
13th Court of Appeals 
Honorable Jaime E. Tijerina 
Trial Court Information
130th District Court 
Matagorda 
Honorable Denise Fortenberry 
13-E-0218