Supreme Court

Case: 23-0223    
23-0223
03/21/2023
Petition for Review/Cause under Tex. R. App. P. 59.1
LEO BIENATI, THERESA PHAM, CARLOS LACAYO AND ANDRES RUZO 
CLOISTER HOLDINGS, LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
02/06/2024Reply BriefPetitioner Reply Brief on the Merits filed on behalf of Leo Bienati, et al.
01/22/2024Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Cloister Holdings, LLC.
11/29/2023Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Leo Bienati, et al.
08/28/2023Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Leo Bienati, et al.
08/07/2023Response to PetitionRespondent Response to Petition for Review filed on behalf of Cloister Holdings, LLC.
04/19/2023Supplemental appendix Petitioner Supplemental Appendix to Petition for Review filed on behalf of Leo Bienati, et al.
04/11/2023Petition for ReviewPetitioner Petition for Review filed on behalf of Leo Bienati, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/22/2023Motion for Extension of Time disposed.Filing granted Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits is granted. Respondent's Brief is due January 22, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED; Reply Brief is due February 6, 2024.
12/22/2023Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Respondent's Brief o the Merits filed on behalf of Cloister Holdings, LLC.
12/01/2023Call received  Call received from counsel for Petitioner regarding case.
11/29/2023Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Leo Bienati, et al.
10/20/2023Motion for Extension of Time disposed.Filing granted in part Motion for Extension of Time to file Petitioner's Brief on the Merits granted in part. Further requests for extensions of time will be disfavored. Petitioner's brief is due no later than November 29, 2023; Respondent's brief is due December 19, 2023; and Reply brief is due January 3, 2024.
10/19/2023Motion for Extension of Time to File Brief filed  Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Leo Bienati, et al.
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.
08/28/2023Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Leo Bienati, et al.
08/07/2023Response to Petition  Response to Petition for Review filed on behalf of Cloister Holdings, LLC.
07/19/2024Mandate issued  Mandate & Cost Bill Issued
07/17/2023Motion 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 August 7, 2023. Further requests for extensions of time for this filing will be disfavored.
07/17/2023Motion for Extension of Time to File Response  Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Cloister Holdings, LLC.
06/16/2023Supreme Court of Texas Requested Response  Requested response to petition for review due no later than July 17, 2023.
06/07/2024Court approved judgment sent to attorneys of recordIssued
06/07/2024Opinion issuedCourt of Appeals' judgment reversed and remanded to Court of Appeals Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Per Curiam Opinion
(6/7/2024 2:36:43 PM) 230223pc.pdf, 23-0223.jmt.pdf
06/07/2024Petition for Review disposedPetition granted pursuant to TRAP 59.1
06/07/2024Petition for Review granted under TRAP 59.1 
05/16/2023Case forwarded to Court 
04/19/2023Supplemental appendix   Supplemental Appendix to Petition for Review filed on behalf of Leo Bienati, et al.
04/17/2023Call received  Call received from counsel for Petitioner regarding records.
04/11/2023Petition for Review  Petition for Review filed on behalf of Leo Bienati, et al.
03/22/2023Motion 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 April 11, 2023.
03/22/2023Clerk's Record 
03/22/2023Court reporter/recorder's record 
03/22/2023Clerk's Record 
03/22/2023Clerk's Record 
03/22/2023Clerk's Record 
03/22/2023Court reporter/recorder's record 
03/22/2023Court reporter/recorder's record 
03/22/2023Court reporter/recorder's record 
03/22/2023Clerk's Record 
03/22/2023Clerk's Record 
03/21/2023Motion for Extension of Time to File Petition for Review filed  Motion for Extension of Time to file Petition for Review filed on behalf of Leo Bienati, et al.
02/07/2024Call received  Call received from counsel regarding supplement to record.
02/06/2024Reply Brief  Reply Brief on the Merits filed on behalf of Leo Bienati, et al.
01/22/2024Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Cloister Holdings, LLC.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/19/2024Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Leo Bienati, Theresa Pham, Carlos Lacayo and Andres RuzoPetitionerMr. Richard W. Barrett
Mr. Charles W. Settle Jr.
Mr. Matthew R. Daigle
Mr. Thomas Horan II
Ms. Shelby G. Hall
Justice Gino John Rossini
Holy Kombucha, Inc. and Cloister Holdings, LLCRespondentMr. Robert J. Killeen Jr.
Mr. Robert C. Stern
Court of Appeals Information:
Dismissed 
___ SW3d ___, 02-10-23 
5th Court of Appeals 
Honorable Cory Lee Carlyle 
Trial Court Information
134th District Court 
Dallas 
Honorable Dale B. Tillery 
DC-21-17448