Supreme Court

Case: 25-0881    
25-0881
09/30/2025
Petition for Writ of Mandamus
IN RE RANDALL P. KIRBY M.D. 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
10/22/2025Motion for RehearingRefers to Petition for Writ of Mandamus Motion for Rehearing filed on behalf of Randall P. Kirby, M.D.
09/30/2025Petition for Writ of Mandamus filedRelator Petition for Writ of Mandamus filed on behalf of Randall P. Kirby, M.D.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
01/23/2026Case Stored  e-stored
01/23/2026Motion for Rehearing - DisposedDismissed
01/23/2026Motion to dismiss disposedFiling granted Unopposed Motion to Dismiss as moot granted
01/23/2026Motion to Stay DisposedFiling dismissed as moot Relator's Motion for Emergency Stay on Rehearing dismissed as moot
01/14/2026Motion to dismiss  Motion to Dismiss Petition for Writ of Mandamus as Moot filed on behalf of Randall P. Kirby M.D.
01/14/2026Motion to dismiss disposedFiled document is struck by the Court Motion to Dismiss struck pursuant to Texas Rules of Appellate Procedure 10.1(a)(5).  Redrafted Motion to Dismiss due no later than January 26, 2026.
01/09/2026Phone call from Clerk's Office  Call made to counsel for relator to request certificate of conference for motion to dismiss filed last month.
01/05/2026Electronic communication sent to Party  Email sent to Counsel for Relator to resubmit the Motion to Dismiss with Certificate of Conference.
12/17/2025Phone call from Clerk's Office  Call made to Counsel for Relator to resubmit the Motion to Dismiss with Certificate of Conference.
12/15/2025Motion to dismiss  STRUCK | Motion to Dismiss filed on behalf of Randall P. Kirby, M.D.
12/10/2025Phone call from Clerk's Office  Call made to Counsel regarding Motion to Dismiss.
12/10/2025Electronic communication sent to Party  Email sent to Relator's Counsel to see when they intend to file a Motion to Dismiss.
11/26/2025Letter Filed  Letter filed on behalf of Randall P. Kirby, M.D.
10/28/2025Case forwarded to Court 
10/22/2025Motion for Rehearing  Motion for Rehearing filed on behalf of Randall P. Kirby, M.D.
10/22/2025Motion to Stay Filed   Motion to Stay filed on behalf of Randall P. Kirby, M.D.
10/10/2025Petition for Writ of Mandamus disposedDenied
10/10/2025Motion to Stay DisposedDenied Relator's Motion for Emergency Stay denied
10/08/2025Reply to Response to Motion  Reply to Response to Motion to Stay filed on behalf of Randall P. Kirby, M.D.
10/02/2025Response to Motion filed  Response to Motion to Stay filed on behalf of Jesus Rodriguez,et al.
10/02/2025Call received  Real party in interest will file a response to motion to stay no later than today.
09/30/2025Case Record Filed  Mandamus Record filed on behalf of Randall P. Kirby, M.D.
09/30/2025Motion to Stay Filed   Motion to Stay filed on behalf of Randall P. Kirby, M.D.
09/30/2025Petition for Writ of Mandamus filed  Petition for Writ of Mandamus filed on behalf of Randall P. Kirby, M.D.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/23/2026Case StoredCase stored.e-stored
Parties
Party▲▼Party Type▲▼Representative▲▼
NTOS, PLLC D/B/A North Texas Orthopedic & SpineReal Party in Interest Ms. Sunny L. Smith
Irma Nunezm Individually and as Next Friend of L.R., a minorReal Party in Interest Mr. Michael G. Sawicki
Mr. Andrew Jones
Randall P. Kirby, M.D., Randall P. Kirby, M.D., P.A. and Dallas Surgical SpecialistsRelatorMr. William A. Newman
Mr. Jeff W. Ryan
Ms. Annik Morgan
Stanley, M.D., James H.Real Party in Interest Ms. Priyanka Thomas
Mr. Jeffery Mark Kershaw
Columbia Medical Center of Plano Subsidiary, L.P. D/B/A Medical City FriscoReal Party in Interest Casey Cashion Miller
Mr. Jon Wayne Stephenson
Luwaseyi D. Adejorin, M.D. and Questcare Intensivists, PLLCReal Party in Interest Mr. Cory Matthew Sutker
Jesus Rodriguez, as Temporary Administrator of the Estate of Roberto Rodriguez, Deceased and Esmeralda TorresReal Party in Interest Ms. Rosalyn R. Tippett
Ms. Colleen M. Carboy
Court of Appeals Information:
Denied 
___ SW3d ___, 08-19-25 
5th Court of Appeals 
Honorable Tina Clinton 
Trial Court Information
44th District Court 
Dallas 
Honorable Veretta L. Frazier 
DC-23-16736