Supreme Court

Case: 23-0095    
23-0095
02/07/2023
Petition for Review originally filed as 53.7(f)
TOTALENERGIES PETROCHEMICALS & REFINING USA, INC. F/K/A TOTAL PETROCHEMICALS & REFINING USA, INC. AND ACE PROPERTY & CASUALTY INSURANCE CO. 
KINDER MORGAN PETCOKE, LP AND KINDER MORGAN PETCOKE GP LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/15/2024Motion for Rehearing for pet #2 Rehearing filed in Petition for Review Motion for Rehearing filed on behalf of TotalEnergies Petrochemicals & Refining USA, Inc, et al.
11/14/2024Motion for RehearingRehearing filed in Petition for Review Motion for Rehearing filed on behalf of Ace Property & Casualty Insurance Company.
06/17/2024Brief on the MeritsPetitioner's Reply Brief Reply Brief on the Merits filed on behalf of Ace Property & Casualty Insurance Company.
06/17/2024Reply BriefPetitioner Reply Brief on the Merits filed on behalf of TotalEnergies Petrochemicals & Refining USA, Inc.
05/07/2024Fully hyperlinked brief filedRespondent Hyperlinked Response Brief on the Merits filed on behalf of Kinder Morgan Petcoke LP, et al.
05/01/2024Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Kinder Morgan Petcoke, LP, et al
02/09/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of ACE Property and Casualty Insurance Company.
01/10/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Total Energies Petrochemicals & Refining USA, Inc., et al.
10/30/2023Reply to ResponsePetitioner Reply in Support of Petition for Review filed on behalf of Ace Property & Casualty Insurance Company.
10/30/2023Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Total Energies Petrochemicals & Refining USA, Inc.
09/13/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Kinder Morgan Petcoke, LP, et al.
05/26/2023Petition for Review #2Petitioner Petition for Review filed on behalf of Ace Property & Casualty Insurance Company.  
05/24/2023Petition for ReviewPetitioner Petition for Review filed on behalf of Total Energies Petrochemicals & Refining USA, Inc.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/06/2023Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Cross-Petitioner's Brief on the Merits is granted. Cross-Petitioner's Brief on the Merits is due January 10, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Cross-Respondent's Response Brief is due January 30, 2024. Reply Brief is due February 14, 2024.
12/06/2023Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Cross-Petitioner's Brief on the Merits filed on behalf of ACE Property & Casualty Insurance Co.
12/05/2023Motion 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 January 10, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due January 30, 2024. Reply Brief is due February 14, 2024.
12/05/2023Motion 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 Total Energies Petrochemicals & Refining USA, Inc., et al.
12/03/2024Notice from Counsel of a change in address  Notice of Change in Address filed on behalf of ACE Property & Casualty Insurance Co.
11/19/2024Case forwarded to Court 
11/19/2024Case forwarded to Court 
11/15/2024Motion for Rehearing for pet #2   Motion for Rehearing filed on behalf of TotalEnergies Petrochemicals & Refining USA, Inc, et al.
11/14/2024Motion for Rehearing  Motion for Rehearing filed on behalf of Ace Property & Casualty Insurance Company.
11/10/2023Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than December 11, 2023; Response brief due January 2, 2024; Reply brief due January 17, 2024.
10/30/2023Reply to Response  Reply in Support of Petition for Review filed on behalf of Ace Property & Casualty Insurance Company.
10/30/2023Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Total Energies Petrochemicals & Refining USA, Inc.
10/15/2024Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due November 15, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
10/15/2024Motion for Extension of Time to File Motion for Rehearing  Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of ACE Property & Casualty Insurance Company.
10/11/2024Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Second Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due November 15, 2024. Further requests for extensions of time for this filing will not be considered.
10/11/2024Motion for Extension of Time to File Motion for Rehearing  Unopposed Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of TotalEnergies Petrochemicals & Refining, USA, Inc.
09/28/2023MET 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 October 30, 2023. Further requests for extensions of time for this filing will be disfavored.
09/28/2023Motion 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 Ace Property & Casualty Insurance Company.
09/26/2023MET 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 October 30, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/26/2023Motion 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 Total Energies Petrochemicals & Refining USA, Inc.
09/13/2023Response to Petition  Response to Petition for Review filed on behalf of Kinder Morgan Petcoke, LP, et al.
09/12/2024Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Unopposed Motion for Extension of Time to file Motion for Rehearing is granted.  Motion for Rehearing is due October 16, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/12/2024Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Ace Property and Casualty Insurance Company.
09/10/2024Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Motion for Extension of Time to file Motion for Rehearing is granted. Motion for Rehearing is due October 16, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/10/2024Motion for Extension of Time to File Motion for Rehearing  Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of TotalEnergies Petrochemicals & Refining USA, Inc, et al.
08/30/2024Petition for Review disposedDenied with Justice not sitting. (Justice Young not participating)
08/30/2024Petition for Review disposedDenied with Justice not sitting. (Justice Young not participating)
08/07/2023Motion for Extension of Time to File Response disposedFiling granted Motion for Extension of Time to file Response to Petition for Review is granted. Response is due September 13, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
08/07/2023Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Kinder Morgan Petcoke, LP, et al.
07/14/2023Supreme Court of Texas Requested Response  Requested responses to petitions for review due no later than August 14, 2023.
06/17/2024Brief on the Merits  Reply Brief on the Merits filed on behalf of Ace Property & Casualty Insurance Company.
06/17/2024Reply Brief  Reply Brief on the Merits filed on behalf of TotalEnergies Petrochemicals & Refining USA, Inc.
06/16/2023Letter Filed  Letter stating Respondent does not intend to file cross-petition filed on behalf of Kinder Morgan Petcoke, LP, et al.
06/13/2023Case forwarded to Court 
06/13/2023Case forwarded to Court 
06/06/2023Response Waiver filed  Response Waiver filed on behalf of Kinder Morgan Petcoke, LP, et al.
05/26/2023Petition for Review #2  Petition for Review filed on behalf of Ace Property & Casualty Insurance Company.  
05/24/2023Petition for Review  Petition for Review filed on behalf of Total Energies Petrochemicals & Refining USA, Inc.
05/09/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due June 17, 2024. Further requests for extensions of time for this filing will be disfavored.
05/09/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Ace Property & Casualty Insurance Company.
05/07/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Reply Brief on the Merits is granted. Reply Brief is due June 17, 2024. Further requests for extensions of time for this filing will be disfavored.
05/07/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of TotalEnergies Petrochemicals & Refining USA, Inc.
05/07/2024Fully hyperlinked brief filed  Hyperlinked Response Brief on the Merits filed on behalf of Kinder Morgan Petcoke LP, et al.
05/07/2024Call received  Call received from legal assistant to counsel for Respondent.
05/01/2024Brief on the Merits  Response Brief on the Merits filed on behalf of Kinder Morgan Petcoke, LP, et al
04/21/2023Third Motion for Extension of Time to File Petition for Review disposedFiling granted Third Motion for Extension of Time to file Petition for Review granted. Petition for Review is due May 26, 2023. Further requests for extensions of time for this filing will not be considered.
04/21/2023Third Motion for Extension of Time to File Petition for Review filed  Unopposed Third Motion for Extension of Time to file Petition for Review filed on behalf of ACE Property & Casualty Insurance Co.
04/20/2023Third Motion for Extension of Time to File Petition for Review disposedFiling granted Unopposed Third Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due May 26, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED.
04/20/2023Third Motion for Extension of Time to File Petition for Review filed  Unopposed Third Motion for Extension of Time to file Petition for Review filed on behalf of Total Energies Petrochemicals & Refining USA, Inc., et al.
03/29/2023Call received  Call received from counsel for Respondent regarding noticing address.
03/28/2023Second 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 April 26, 2023.
03/27/2023Second Motion for Extension of Time to File Petition for Review filed  Second Unopposed Motion for Extension of Time to file Peittion for Review filed on behalf of Ace Property & Casualty Insurance Co.
03/22/2024Motion 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 May 1, 2024. Petitioner's Reply Brief on the Merits is due May 16, 2024. Further requests for extensions of time for this filing will not be considered.  
03/22/2024Motion 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 Kinder Morgan Petcoke, LP, et al.
03/22/2023Second Motion for Extension of Time to File Petition for Review disposedFiling granted Second Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due April 26, 2023. Further requests for extensions of time for this filing will be disfavored.
03/22/2023Second 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 TotalEnergies Petrochemical & Refining USA, Inc., et al.
03/15/2024Motion to withdraw disposed ofFiling granted Motion to Withdraw as counsel is granted.
03/15/2024Motion to Withdraw Filed  Unopposed Motion to Withdraw filed on behalf of counsel for Ace Property & Casualty Insurance Company.
02/22/2024Motion 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 April 1, 2024. Petitioner's Reply Brief on the Merits is due April 16, 2024. Further requests for extensions of time for this filing will be disfavored.
02/22/2024Motion 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 Kinder Morgan Petcoke, LP, et al.
02/21/2024Notice of Appearance  Notice of Appearance of Counsel filed on behalf of Kinder Morgan Petcoke, LP, et al.
02/14/2023Motion for Extension of Time to File Petition for Review disposedFiling granted Motion for Extension of Time to file Petition for Review granted.  Petition for Review is due no later than March 27, 2023.
02/14/2023Motion for Extension of Time to File Petition for Review #2 filed  Motion for Extension of Time to file Petition for Review filed on behalf of Ace Property & Casualty Insurance Company.
02/09/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of ACE Property and Casualty Insurance Company.
02/07/2024Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Danny L. Worker’s Admission Pro Hac Vice is granted.
02/07/2024Pro hac vice motion disposedFiling granted Motion of Resident Attorney in Support of Lindsay J. Bowman’s Admission Pro Hac Vice is granted.
02/07/2024Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Danny L. Worker is granted.
02/07/2024Pro hac vice motion disposedFiling granted Motion for Admission Pro Hac Vice for Lindsay J. Bowman is granted.
02/07/2024Pro hac vice motion filed  Motion for Admission Pro Hac Vice of Lindsay J. Bowman filed on behalf of ACE Property & Casualty Insurance Company.
02/07/2024Pro hac vice motion filed  Motion for Admission Pro Hac Vice of Danny L. Worker filed on behalf of ACE Property & Casualty Insurance Company.
02/07/2023Motion 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 March 27, 2023.
02/07/2023Motion 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 Total Energies Petrochemicals & Refining USA, Inc., et al.
02/07/2023Court reporter/recorder's record 
02/07/2023Clerk's Record 
02/06/2024Pro hac vice motion filed  Motion in Support of Lindsay J. Bowman's Pro Hac Vice Motion from Lisa Henderson filed on behalf of ACE Property & Casualty Insurance Co.
02/06/2024Pro hac vice motion filed  Motion in Support of Danny L. Worker's Pro Hac Vice Motion from Lisa Henderson filed on behalf of ACE Property & Casualty Insurance Co.
02/06/2024Notice of Appearance  Notice of Appearance of Counsel filed on behalf of ACE Property & Casualty Insurance Company.
01/31/2025Notice from Counsel of a change in address  Change of Address filed on behalf of ACE Property & Casualty Insurance Co.
01/31/2025Notice sent to Court of Appeals 
01/31/2025Notice sent to Court of Appeals 
01/31/2025Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Young not participating)
01/31/2025Motion for Rehearing - DisposedDenied with Justice not sitting. (Justice Young not participating)
01/23/2024Notice of Appearance  Notice of Appearance filed on behalf of ACE Property & Casualty Insurance Co.
01/17/2024Letter Filed  Letter filed on behalf of Kinder Morgan Petcoke, LP, et al.
01/10/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Total Energies Petrochemicals & Refining USA, Inc., et al.
01/09/2024Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioner's Brief is due February 9, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief is due February 29, 2024. Reply Brief is due March 15, 2024.
01/08/2024Motion 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 Ace Property & Casualty Insurance Co.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
11/19/2024Work-Up by Staff / Review by JusticesUnder Review 
11/19/2024Work-Up by Staff / Review by JusticesUnder Review 
Parties
Party▲▼Party Type▲▼Representative▲▼
Kinder Morgan Petcoke, LP and Kinder Morgan Petcoke GP LLCRespondentMr. Michael Cotton
Robert Rhodes
Ms. Caroline C. Schadle
Mr. Randall W. Miller
Justin Ratley
Mr. D. Mitchell McFarland
Mr. James M. Bettis Jr.
Mr. Thomas Phillips
TotalEnergies Petrochemicals & Refining USA, Inc. FKA Total Petrochemicals & Refining USA, Inc.PetitionerMs. Kelly Leonard  
Ms. Sarah Smith
Mr. Jack G. Carnegie
Ms. Rachel A. Ekery  
Mr. Wallace B. Jefferson  
Mr. Nicholas Bacarisse
ACE Property & Casualty Insurance Co.PetitionerAllison Griswold
Ms. Lisa M. Henderson
Ms. Sarah Smith
Timothy Headley
Lindsay J. Bowman
Danny L. Worker
Court of Appeals Information:
Aff/Rev & Rend/Rev & Rem 
658 SW3d 647, 09-15-22 
14th Court of Appeals 
Honorable Kevin D. Jewell 
Trial Court Information
129th District Court 
Harris 
Honorable Michael Paul Gomez 
2017-48075