Case: 22-0704
22-0704
08/19/2022
Petition for Review originally filed as 53.7(f)
AMERICAN MEDICAL HOME HEALTH SERVICES, LLC, HUB CITY HOME HEALTH, INC. D/B/A AMERICAN MEDICAL HOME HEALTH SERVICES, AMERICAN MEDICAL HOME HEALTH SERVICES SAN ANTONIO, LLC, AMERICAN MEDICAL HOSPICE CARE, LLC, AMERICAN MEDICAL PALLIATIVE SUPPORT, LLC, MAGDALENA (MAGGIE) CLEMENTE, RENE ESTRADA, AND GINA TREVINO
LEGACY HOME HEALTH AGENCY, INC. AND LEGACY HOME CARE SERVICES, INC. D/B/A ALL SEASONS HOME CARE, INC.
Appellate Briefs
| Date | Event Type | Description | Remarks | Document | ||||
|---|---|---|---|---|---|---|---|---|
| 02/15/2024 | Reply Brief | Petitioner | Reply Brief on the Merits filed on behalf of American Medical HOme Health Services, LLC, et al. | |||||
| 12/20/2023 | Brief on the Merits | Respondent | Respondent's Brief on the Merits filed on behalf of Legacy Home Health Agency, Inc., et al. | |||||
| 09/25/2023 | Brief on the Merits | Petitioner | Petitioners' Brief on the Merits filed on behalf of American Medical Home Health Services, LLC, et al. | |||||
| 04/13/2023 | Reply to Response | Petitioner | Reply in Support of Petition for Review filed on behalf of American Medical Home Health Services, LLC, et al. | |||||
| 03/09/2023 | Response to Petition | Respondent | Response to Petition for Review filed on behalf of Legacy Home Health Agency, Inc., et al. | |||||
| 11/04/2022 | Petition for Review | Petitioner | Petition for Review filed on behalf of American Medical Home Services, et al. |
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Case Events
| Date | Event Type | Disposition | Remarks | Document | ||||
|---|---|---|---|---|---|---|---|---|
| 02/15/2024 | Adopt by Reference pursuant to Tex. R. App. P. 9.7 | Letter Adopting Reply Brief on the Merits filed on behalf of Rene Estrada. | ||||||
| 02/15/2024 | Reply Brief | Reply Brief on the Merits filed on behalf of American Medical HOme Health Services, LLC, et al. | ||||||
| 02/01/2024 | Motion 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 February 15, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME WILL NOT BE CONSIDERED. |
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| 01/31/2024 | Motion for Extension of Time to File Brief filed | Unopposed Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of American Medical Home Health Services, LLC. | ||||||
| 01/03/2024 | Motion 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 February 2, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. |
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| 01/03/2024 | Call received | Call from counsel regarding pending motion for extension of time to file reply brief. | | |||||
| 12/21/2023 | Motion 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 American Medical Home Health Services, LLC, et al. | ||||||
| 12/20/2023 | Brief on the Merits | Respondent's Brief on the Merits filed on behalf of Legacy Home Health Agency, Inc., et al. | ||||||
| 12/15/2023 | Motion to withdraw disposed of | Filing granted | Counsel's Motion to Withdraw granted |
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| 12/07/2023 | Motion for Extension of Time disposed. | Filing granted | Third Motion for Extension of Time to file Response Brief on the Merits is granted. Response Brief is due December 20, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Brief is due January 4, 2024. |
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| 12/06/2023 | Motion for Extension of Time to File Brief filed | Unopposed Third Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Legacy Home Health Agency, Inc.,et al. | ||||||
| 12/04/2023 | Motion to Withdraw Filed | Carlos Escobar's Motion to Withdraw as Counsel for Petitioner, Rene Estrada. | ||||||
| 11/07/2023 | Motion for Extension of Time disposed. | Filing granted | Motion for Extension of Time to file Brief on the Merits is granted. Respondent's Brief is due December 15, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED; Reply Brief is due January 2, 2024. |
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| 11/07/2023 | Motion for Extension of Time to File Brief filed | Unopposed Second Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Legacy Home Health Agency, Inc., et al. | ||||||
| 10/12/2023 | Motion 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 November 15, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due November 30, 2023. |
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| 10/12/2023 | Motion for Extension of Time to File Brief filed | Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Legacy Home Health Agency, Inc., et al. | ||||||
| 09/25/2023 | Brief on the Merits | Petitioners' Brief on the Merits filed on behalf of American Medical Home Health Services, LLC, et al. | ||||||
| 09/13/2023 | Motion for Extension of Time disposed. | Filing granted | Third Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. Petitioners' Brief is due September 25, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief is due October 16, 2023. Reply Brief is due October 31, 2023. |
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| 09/12/2023 | Motion for Extension of Time to File Brief filed | Unopposed Third Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of American Medical Home Health Services, LLC, et al. | ||||||
| 08/09/2023 | Motion 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 September 15, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief is due October 5, 2023. Reply Brief is due October 20, 2023. |
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| 08/09/2023 | Motion 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 American Medical Home Health Services, LLC, et al. | ||||||
| 07/12/2023 | Motion for Extension of Time disposed. | Filing granted | Motion for Extension of Time to file Petitioner's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Petitioner's brief is due no later than August 16, 2023; Respondent's brief is due September 5, 2023; and Reply brief is due September 20, 2023. |
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| 07/11/2023 | Motion 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 American Medical Home Health Services, LLC, et al. | ||||||
| 06/16/2023 | Brief on the Merits Requested | Brief on the merits requested: Petitioner's brief due no later than July 17, 2023; Response brief due August 7, 2023; Reply brief due August 22, 2023. |
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| 04/20/2023 | Motion to substitute disposed | Filing granted | Magdalena Clemente and Gina Trevino's Motion to Substitute Counsel is granted. |
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| 04/20/2023 | Motion to substitute disposed | Filing granted | Rene Estrada's Motion to Substitute Counsel is granted. |
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| 04/20/2023 | Motion to Substitute filed | Unopposed Motion to Substitute Counsel filed on behalf of Rene Estrada. | ||||||
| 04/20/2023 | Motion to Substitute filed | Unopposed Motion to Substitute Counsel filed on behalf of Magdalena Clemente and Gina Trevino. | ||||||
| 04/19/2023 | Miscellaneous motion disposed. See Remarks. | Filing granted | Motion to Substitute is granted. |
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| 04/19/2023 | Motion to Substitute filed | Motion to Substitute filed on behalf of American Medical Home Health Services, LLC, et al. | ||||||
| 04/13/2023 | Reply to Response | Reply in Support of Petition for Review filed on behalf of American Medical Home Health Services, LLC, et al. | ||||||
| 03/20/2023 | MET to file reply disposed of | Filing granted | Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply is due no later than April 13, 2023. Further requests for extensions of time for this filing will be disfavored. |
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| 03/20/2023 | Motion 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 American Medical Home Health Services, LLC, et al. | ||||||
| 03/09/2023 | Response to Petition | Response to Petition for Review filed on behalf of Legacy Home Health Agency, Inc., et al. | ||||||
| 02/09/2023 | Motion for Extension of Time to File Response disposed | Filing granted | Second Motion for Extension of Time to file Response to Petition for Review is granted. Response is due no later than March 9, 2023. Further requests for extensions of time for this filing will not be considered. |
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| 02/09/2023 | Motion for Extension of Time to File Response | Unopposed Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of Legacy Home Health Agency, Inc., et al. | ||||||
| 01/12/2023 | Motion for Extension of Time to File Response disposed | Filing granted | Unopposed Motion for Extension of Time to file Response to Petition for Review is granted. Response is due no later than February 16, 2023. Further requests for extensions of time for this filing will be disfavored. |
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| 01/12/2023 | Motion for Extension of Time to File Response | Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Legacy Home Health Agency, Inc., et al. | ||||||
| 12/16/2022 | Supreme Court of Texas Requested Response | Response Requested to Petition for Review due no later than January 17, 2023. |
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| 11/29/2022 | Letter Filed | Letter filed on behalf of American Medical Home Services, et al. | ||||||
| 11/15/2022 | Case forwarded to Court | | | |||||
| 11/08/2022 | Response Waiver filed | Response Waiver filed on behalf of Legacy Home Health Agency, Inc., et al. | ||||||
| 11/04/2022 | Electronic communication received from Party | Email received that respondents will file a response to motion. | | |||||
| 11/04/2022 | Electronic communication sent to Party | Email sent to counsel for respondents regarding response to Motion to Consolidate. | | |||||
| 11/04/2022 | Motion to Consolidate filed | Motion to Consolidate filed on behalf of American Medical Home Services, et al. | ||||||
| 11/04/2022 | Petition for Review | Petition for Review filed on behalf of American Medical Home Services, et al. |
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| 10/07/2022 | Third Motion for Extension of Time to File Petition for Review disposed | Filing granted | Third Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due November 4, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. |
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| 10/06/2022 | Electronic communication sent to Party | Email sent to counsel for Respondent to determine stance on Motion for Extension of Time. | | |||||
| 10/06/2022 | Third Motion for Extension of Time to File Petition for Review filed | Opposed Third Motion for Extension of Time to file Petition for Review filed on behalf of American Medical Home Services, et al. |
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| 09/02/2022 | Second Motion for Extension of Time to File Petition for Review disposed | Filing granted | Second Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due October 6, 2022. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. |
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| 09/02/2022 | Second 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 American Medical Home Services, et al. |
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| 09/02/2022 | Notice of Appearance | Notice of Appearance filed on behalf of American Medical Home Health Services, LLC, et al. | | |||||
| 08/23/2022 | Motion for Extension of Time to File Petition for Review disposed | Filing granted | Motion for Extension of Time to file Petition for Review is granted. Petition for Review is due September 12, 2022. |
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| 08/19/2022 | Motion 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 American Medical Home Health Services, LLC, et al. |
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| 08/19/2022 | Court reporter/recorder's record | | | |||||
| 08/19/2022 | Clerk's Record | | |
Calendars
| Set Date | Calendar Type | Reason Set | Remarks |
|---|---|---|---|
| 11/10/2022 | Motion being reviewed by Court | Motion to Consolidate | |
| 11/15/2022 | Work-Up by Staff / Review by Justices | Under Review |
Parties
| Party | PartyType | Representative |
|---|---|---|
| Estrada , Rene | Petitioner | Mr. Carlos O. Escobar Rene Estrada Mr. James M. Parker Jr. Mr. Larry D. Warren Mr. David L. Ortega |
| Clemente , Magdalena | Petitioner | Mr. David L. Ortega Mr. Larry D. Warren Mr. James M. Parker Jr. Mr. Bernie R. Kray Mr. M. Alexander Nava |
| American Medical Hospice Care, LLC | Petitioner | Mr. Craig T. Enoch Ms. Lorien Whyte Ms. Sara B. Churchin Mr. Carlos Ramon Soltero Ms. Elana S. Einhorn Mr. Gregory Philip Sapire Thomas Thagard III |
| Hub City Home Health, Inc. | Petitioner | Mr. Carlos Ramon Soltero Ms. Elana S. Einhorn Ms. Sara B. Churchin Mr. Gregory Philip Sapire Thomas Thagard III Mr. Craig T. Enoch Ms. Lorien Whyte |
| American Medical Home Health Services, LLC | Petitioner | Mr. Craig T. Enoch Thomas Thagard III Ms. Sara B. Churchin Ms. Elana S. Einhorn Mr. Carlos Ramon Soltero Ms. Lorien Whyte Mr. Gregory Philip Sapire |
| American Medical Palliative Support, LLC | Petitioner | Mr. Gregory Philip Sapire Ms. Elana S. Einhorn Ms. Lorien Whyte Thomas Thagard III Ms. Sara B. Churchin Mr. Carlos Ramon Soltero Mr. Craig T. Enoch |
| Legacy Home Health Inc. | Respondent | Ms. Emma Karina Cano Ms. Stacy R. Sharp Ms. Sylvia A. Cardona |
| Trevino , Gina | Petitioner | Mr. Larry D. Warren Mr. David L. Ortega Mr. James M. Parker Jr. Marcelo Garcia Ms. Marcella Algarra Della Casa Mr. M. Alexander Nava Mr. Bernie R. Kray |
| American Medical Home Health Services San Antonio, LLC | Petitioner | Ms. Elana S. Einhorn Ms. Lorien Whyte Mr. Gregory Philip Sapire Ms. Sara B. Churchin Mr. Carlos Ramon Soltero Thomas Thagard III Mr. Craig T. Enoch |
| Legacy Home Care Services, Inc. | Respondent | Ms. Stacy R. Sharp Ms. Sylvia A. Cardona Ms. Emma Karina Cano |
Court of Appeals Information:
04-22-00239-CV
Dismiss WOJ
___ SW3d ___, 06-29-22
4th Court of Appeals
Honorable Per Curiam
Trial Court Information
150th District Court
Bexar
Honorable Monique Diaz
2020-CI-09053