Supreme Court

Case: 23-0772    
23-0772
09/21/2023
Petition for Review originally filed as 53.7(f)
ELSIE OPIELA AND ADRIAN OPIELA, JR. 
RAILROAD COMMISSION OF TEXAS AND MAGNOLIA OIL & GAS OPERATING LLC 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/12/2024Brief on the MeritsRespondent Respondent's Brief on the Merits filed on behalf of Railroad Commission of Texas.
11/12/2024Brief on the MeritsRespondent Response Brief on the Merits filed on behalf of Magnolia Oil & Gas Operating LLC.
08/21/2024Brief on the MeritsPetitioner Petitioner's Brief on the Merits filed on behalf of Elise Opiela, et al.
05/28/2024Reply to Response to Petition filed Petitioner Reply in Support of Petition for Review filed on behalf of Elsie Opiela, et al.
05/16/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Texas Land & Mineral Owners Association and the National Association of Royalty Owners - Texas, Inc. submitted by Robert M. Park and Ezra A. Johnson of UHL, Fitzsimons, Burton, Wolff & Rangel, PLLC of San Antonio, Texas.
04/30/2024Fully hyperlinked brief filedRespondent Hyperlinked Response to Petition for Review filed on behalf of Magnolia Oil & Gas Operating LLC.
04/29/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of Railroad Commission of Texas.
04/29/2024Response to PetitionRespondent Response to Petition for Review filed on behalf of Magnolia Oil & Gas Operating LLC.
01/30/2024Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Ron Beal of Waco, Texas.
12/27/2023Amicus Curiae Letter ReceivedReceived (instead of filed) Amicus Letter received on behalf of Ron Beal.
11/22/2023Petition for ReviewPetitioner Petition for Review filed on behalf of Elsie Opiela, et al.
11/16/2023Amicus Curiae Brief receivedReceived (instead of filed) Second Amicus Curiae Brief received on behalf of Ron Beal.
09/26/2023Amicus Curiae Brief receivedReceived (instead of filed) Amicus Curiae Brief received on behalf of Ron Beal of Waco, Texas.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/27/2023Amicus Curiae Letter Received  Amicus Letter received on behalf of Ron Beal.
12/26/2023Case forwarded to Court 
12/22/2023Response Waiver filed  Response Waiver filed on behalf of Railroad Commission of Texas.
12/22/2023Response Waiver filed  Response Waiver filed on behalf of Magnolia Oil & Gas Operating LLC.
12/19/2024Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Reply Brief on the Merits granted.  No further extensions of time will be considered.  Reply brief is due no later than January 27, 2025.
12/19/2024Motion for Extension of Time to File Brief filed  Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Elsie Opiela, et al.
11/22/2023Petition for Review  Petition for Review filed on behalf of Elsie Opiela, et al.
11/20/2024Motion 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 December 27, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
11/20/2024Motion 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 Elsie Opiela, et al.
11/16/2023Amicus Curiae Brief received  Second Amicus Curiae Brief received on behalf of Ron Beal.
11/12/2024Brief on the Merits  Respondent's Brief on the Merits filed on behalf of Railroad Commission of Texas.
11/12/2024Brief on the Merits  Response Brief on the Merits filed on behalf of Magnolia Oil & Gas Operating LLC.
09/26/2024Motion for Extension of Time disposed.Filing granted Second Motion for Extension of Time to file Respondents' Brief on the Merits is granted. Response Brief is due November 12, 2024. Petitioners' Reply Brief is due November 27, 2024. Further requests for extensions of time for this filing will not be considered.
09/26/2023Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Ron Beal of Waco, Texas.
09/25/2024Motion for Extension of Time to File Brief filed  Unopposed Second Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of the Railroad Commission of Texas, et al.
09/21/2023Motion 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 November 22, 2023.
09/21/2023Motion 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 Elsie Opiela, et al.
09/21/2023Court reporter/recorder's record 
09/21/2023Court reporter/recorder's record 
09/21/2023Clerk's Record 
08/29/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due October 10, 2024. Further requests for extensions of time for this filing will be disfavored. Reply Brief is due October 25, 2024.
08/29/2024Motion 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 Railroad Commission of Texas, et al.
08/21/2024Brief on the Merits  Petitioner's Brief on the Merits filed on behalf of Elise Opiela, et al.
08/01/2024Designation of Lead Counsel   Notice of Designation of New Lead Counsel filed on behalf of the Railroad Commission of Texas.
07/09/2024Motion for Extension of Time disposed.Filing granted Motion for Extension of Time to file Petitioners' Brief on the Merits is granted.  Petitioners' Brief is due August 21, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due September 10, 2024. Reply Brief is due September 25, 2024.
07/09/2024Motion for Extension of Time to File Brief filed  Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Elsie Opiela, et al.
06/21/2024Brief on the Merits Ordered  Brief on the merits requested: Petitioner's brief due no later than July 22, 2024; Response brief due August 12, 2024; Reply brief due August 27, 2024.
05/28/2024Reply to Response to Petition filed   Reply in Support of Petition for Review filed on behalf of Elsie Opiela, et al.
05/16/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Texas Land & Mineral Owners Association and the National Association of Royalty Owners - Texas, Inc. submitted by Robert M. Park and Ezra A. Johnson of UHL, Fitzsimons, Burton, Wolff & Rangel, PLLC of San Antonio, Texas.
05/10/2024MET to file reply disposed ofFiling granted Motion for Extension of Time to file Reply to Petition for Review granted. Reply is due May 28, 2024. Further requests for extensions of time for this filing will be disfavored.
05/10/2024Motion to Extend Time to File Reply filed  Motion for Extension of Time to file Reply in support of Petition for Review filed on behalf of Elsie Opiela, et al.
04/30/2024Fully hyperlinked brief filed  Hyperlinked Response to Petition for Review filed on behalf of Magnolia Oil & Gas Operating LLC.
04/29/2024Response to Petition  Response to Petition for Review filed on behalf of Railroad Commission of Texas.
04/29/2024Response to Petition  Response to Petition for Review filed on behalf of Magnolia Oil & Gas Operating LLC.
03/25/2024Motion for Extension of Time to File Response disposedFiling granted Second Motion for Extension of Time to file Response to Petition for Review is granted. Response is due April 29, 2024. Further requests for extensions of time for this filing will not be considered.
03/22/2024Motion for Extension of Time to File Response  Second Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of the Railroad Commission of Texas and  Magnolia Oil & Gas Operating, LLC.
02/12/2024Motion for Extension of Time to File Response disposedFiling granted Joint Motion for Extension of Time to file Response to Petition for Review is granted. Response is due March 27, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
02/12/2024Motion for Extension of Time to File Response  Unopposed Joint Motion for Extension of Time to file Response to Petition for Review filed on behalf of Magnolia Oil & Gas Operating LLC, et al.
02/11/2025Mandate issued  Mandate & Cost Bill Issued
01/31/2025Court approved judgment sent to attorneys of recordIssued
01/31/2025Petition for Review disposedPetition granted motion under TRAP 56.3 Pursuant to Texas Rule of Appellate Procedure 56.3, without considering the merits, the Court grants the petition for review, vacates the judgment of the court of appeals, and remands the case to the trial court for further proceedings in accordance with the parties' settlement agreement. (Justice Young not partipating)
(1/31/2025 2:17:33 PM) 23-0772.jmt.pdf
01/31/2025Miscellaneous motion disposed. See Remarks.Filing granted Joint Motion for Reversal and Remand Pursuant to Settlement granted.
01/30/2024Amicus Curiae Brief received  Amicus Curiae Brief received on behalf of Ron Beal of Waco, Texas.
01/29/2025Miscellaneous Motion  Joint Unopposed Motion for Reversal and Remand Pursuant to the Parties' Settlement Agreement filed on behalf of Elsie Opiela, et al.
01/27/2025Status report filed  Status report filed on behalf of Adrian Opiela, Jr., et al.
01/26/2024Supreme Court of Texas Requested Response  Requested response to petition for review due no later than February 26, 2024.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
02/11/2025Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
Magnolia Oil & Gas Operating LLCRespondentMs. Jane M. N. Webre
Mr. Mark W. Hanna
Mr. Travis Gray
Mr. Jason A. Newman
Stephanie Kover
Mr. Thomas Phillips
RAILROAD COMMISSION OF TEXASRespondentMs. Sara B. Baumgardner
Ms. Shelly Doggett
Ms. Kellie E. Billings-Ray
Ms. Priscilla M. Hubenak
Ms. Amanda Atkinson Cagle
Mr. James Lloyd
Atty. Gen. W. Kenneth Paxton Jr.
Mr. Brent Webster
Opiela, Junior, AdrianPetitionerMr. John B. McFarland
Mr. Mark Stahl
Mr. William G. Christian III
Ms. Mary A. Keeney
Nicholas Miller
Mr. Guillermo Alarcon
Ms. Marianne Nitsch
Opiela, ElsiePetitionerMs. Mary A. Keeney
Mr. William G. Christian III
Nicholas Miller
Mr. John B. McFarland
Mr. Guillermo Alarcon
Ms. Marianne Nitsch
Mr. Mark Stahl
Beal, RonAmicus CuriaeMr. Ron Beal
Texas Land & Mineral Owners Association and the National Association of Royalty Owners - Texas, Inc.Amicus CuriaeMr. Ezra A. Johnson
Mr. Robert M. Park
Court of Appeals Information:
Aff/Pt and Rev/Pt 
681 SW3d 397, 06-30-23 
3rd Court of Appeals 
Honorable Darlene Byrne 
Trial Court Information
53rd District Court 
Travis 
Honorable Karin R. Crump 
D-1-GN-20-000099