Case: 12-0542
12-0542
07/02/2012
Petition for Review originally filed as 53.7(f)
IN THE INTEREST OF S.G.E.
Appellate Briefs
| Date | Event Type | Description | Remarks | Document | ||||
|---|---|---|---|---|---|---|---|---|
| 04/26/2013 | Reply Brief | Petitioner | Reply Brief on the Merits filed on behalf of A.S.E. (HARD COPIES REC'D) | |||||
| 04/18/2013 | Brief on the Merits | Respondent | Response Brief on the Merits filed on behalf of Amanda Seymour. (HARD COPIES REC'D) | |||||
| 04/08/2013 | Brief on the Merits | Petitioner | Petitioner's Brief on the Merits filed on behalf of A.S.E. (HARD COPIES REC'D) | |||||
| 01/24/2013 | Reply to Amicus Curiae Brief | Respondent | Sur-Reply to Amicus Curiae Texas Civil Rights Project's Reply. On behalf of Amanda Seymour. (HARD COPIES REC'D) | |||||
| 01/11/2013 | Response to Amicus Curiae Brief filed | Respondent | Respondent Amanda Seymour’s Response to Brief of Amicus Curiae Texas Access to Justice Foundation (HARD COPIES REC'D) | |||||
| 01/03/2013 | Amicus Curiae Brief received | Received (instead of filed) | Brief of Amicus Curiae filed on behalf of Charles G. Childress. (HARD COPIES REC'D) | |||||
| 12/21/2012 | Amicus Curiae Brief received | Received (instead of filed) | Amicus Curiae Brief filed on behalf of Texas Access to Justice Foundation. (HARD COPIES REC'D) | |||||
| 12/20/2012 | Amicus Curiae Brief received | Received (instead of filed) | Reply of Amicus Curiae Texas Civil Rights Project in Support of Petition for Review. Submitted by Charles “Chad” Baruch of Rowlett Texas. (HARD COPIES REC'D) | |||||
| 12/17/2012 | Reply to Response | Petitioner | Reply in Support of Petition for Review filed on behalf of A.S.E. (HARD COPIES REC'D) | |||||
| 12/12/2012 | Response to Petition | Respondent | Response to Petition for Review filed on behalf of Amanda Seymour. (HARD COPIES REC'D) | |||||
| 11/30/2012 | Amicus Curiae Brief received | Received (instead of filed) | Amicus Curiae Brief filed on behalf of Texas Civil Rights Project. (HARD COPIES REC'D) | |||||
| 11/09/2012 | Petition for Review | Petitioner | Petition for Review filed on behalf of Artemis Eden Saurez. (HARD COPIES REC'D) |
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Case Events
| Date | Event Type | Disposition | Remarks | Document | ||||
|---|---|---|---|---|---|---|---|---|
| 05/16/2014 | Case Stored - stored case location updated | Row 10 G-2 | | |||||
| 08/27/2013 | Case Stored | Row 22 F-5 | | |||||
| 08/07/2013 | Notice sent to Court of Appeals | |
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| 06/21/2013 | Petition for Review disposed | Denied | |
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| 06/21/2013 | Motion to supplement disposed | Filing dismissed as moot | Unopposed Motion to Supplement the Clerk's Record dismissed as moot | | ||||
| 05/14/2013 | Document received (See Remarks) | Amicus Counsel, Mr. Chad Baruch, has returned Sealed CD as instructed. | | |||||
| 05/09/2013 | Information from Supreme Court sent to party/parties | Notice sent to the Attorney General that petition and brief on the merits challenge the constitutionality of a state statute. | ||||||
| 05/01/2013 | Document received (See Remarks) | Petitioner's Counsel, Mr. Aaron Martinez, has returned Sealed CD as instructed. | | |||||
| 04/29/2013 | Phone call from Clerk's Office | Messaged Mr. Martinez. Requested that letter sent to us from 4/25/13 is electronically filed with the Court. | | |||||
| 04/26/2013 | Reply Brief | Reply Brief on the Merits filed on behalf of A.S.E. (HARD COPIES REC'D) | ||||||
| 04/24/2013 | Letter Received | Respondent's Counsel, Mr. David Mizgala, has returned Sealed CD as instructed. | ||||||
| 04/22/2013 | Letter sent to parties from Supreme Court - See Remarks | Letter sent to Petitioner's Counsel, Mr. Chad Baruch, in reference to Sealed Appellate Record. |
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| 04/22/2013 | Phone call from Clerk's Office | Spoke to Mr. Aaron Martinez to request that they send the CD back to us on 4/29/13. | | |||||
| 04/22/2013 | Miscellaneous motion disposed. See Remarks. | Filing granted | Motion for Access to Sealed Record filed on behalf of Amici Curiae Texas Civil Rights Project and SMU Civil Clinic has been granted. |
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| 04/18/2013 | Brief on the Merits | Response Brief on the Merits filed on behalf of Amanda Seymour. (HARD COPIES REC'D) | ||||||
| 04/17/2013 | Reply to Response to Motion | Reply in Support of Motion for Access to Sealed Record submitted on behalf of Texas Civil Rights Project and SMU Dedman Shool of Law Clinic. | ||||||
| 04/10/2013 | Response to Motion filed | Response to Motion for Access to Sealed Record filed on behalf of Amanda Seymour. | ||||||
| 04/08/2013 | Brief on the Merits | Petitioner's Brief on the Merits filed on behalf of A.S.E. (HARD COPIES REC'D) | ||||||
| 04/08/2013 | Call received | Respondent attorney Mr. David Mizgala will be filing a written response in opposition to the Motion for Access to Sealed Record filed on behalf of Amici Curiae Texas Civil Rights Project and SMU Civil Clinic. | | |||||
| 04/05/2013 | Phone call from Clerk's Office | Call made to Respondent attorney Mr. David Mizgala. Left a voice message informing Mr. Mizgala that a motion for access to the sealed documents had been filed with instructions to return my call to inform the court of whether or not he plans on filing a response in opposition. | | |||||
| 04/05/2013 | Amendment to Motion filed | AMENDED Motion for Access to Sealed Record on behalf of Amicus Curiae Texas Civil Rights & SMU Civil Clinic. | ||||||
| 04/05/2013 | Miscellaneous Motion | Motion for Access to Sealed Record filed on behalf of Amici Curiae Texas Civil Rights Project and SMU Civil Clinic. | ||||||
| 03/14/2013 | Motion for Extension of Time disposed. | Filing granted | Motion for Extension of Time is granted. Petitioner's Brief is due April 8, 2013. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due April 18, 2013; Reply Brief is due April 26, 2013. |
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| 03/12/2013 | Phone call from Clerk's Office | Messaged Mr. Mizgala. Requested whether or not a response to the motion will be filed. Mr. Mizgala informed the Court that the motion is opposed, but no response will be filed unless requested. | | |||||
| 03/12/2013 | Motion for Extension of Time to File Brief filed | Opposed Motion for Extension of Time to file Brief filed on behalf of Artemus Eden. | ||||||
| 03/11/2013 | Case Record Filed | Misc. Folder (COA opinion, motions, orders, corres. & other misc. items) | | |||||
| 03/08/2013 | Record Requested in Petition for Review | | | |||||
| 03/08/2013 | Brief on the Merits Requested | Expedited brief on the merits requested: Petitioner's brief due no later than 3/25/13; Response brief due 4/4/13; Reply brief due 4/12/13. |
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| 01/29/2013 | Letter Filed | Petitioner's reply to respondent's letter opposing the disclosure of the record to counsel for amici in this case. | ||||||
| 01/28/2013 | Letter Filed | Respondent strongly opposes any effort by, and knows of no legal authority that would permit, Petitioner to provide any non-party with access to the sealed record in this case. | ||||||
| 01/25/2013 | Letter Filed | Letter to Court authorizing access to sealed record filed on behalf of Artemis Suarez Eden. | ||||||
| 01/24/2013 | Reply to Amicus Curiae Brief | Sur-Reply to Amicus Curiae Texas Civil Rights Project's Reply. On behalf of Amanda Seymour. (HARD COPIES REC'D) | ||||||
| 01/24/2013 | Motion to supplement filed | Unopposed Motion to Supplement the Clerk's Record filed on behalf of Artemis Eden. | ||||||
| 01/11/2013 | Response to Amicus Curiae Brief filed | Respondent Amanda Seymour’s Response to Brief of Amicus Curiae Texas Access to Justice Foundation (HARD COPIES REC'D) | ||||||
| 01/03/2013 | Amicus Curiae Brief received | Brief of Amicus Curiae filed on behalf of Charles G. Childress. (HARD COPIES REC'D) | ||||||
| 01/02/2013 | Letter Filed | Respondent Amanda Seymour's Letter to advise the Court that on or before Jan 11, 2013 she intends to file responses to Amicus Briefs of TX Access to Justice & TX Civil Rights Project, and also, requesting the Court to consider Respondent's additional briefing. | ||||||
| 12/21/2012 | Amicus Curiae Brief received | Amicus Curiae Brief filed on behalf of Texas Access to Justice Foundation. (HARD COPIES REC'D) | ||||||
| 12/20/2012 | Amicus Curiae Brief received | Reply of Amicus Curiae Texas Civil Rights Project in Support of Petition for Review. Submitted by Charles “Chad” Baruch of Rowlett Texas. (HARD COPIES REC'D) | ||||||
| 12/17/2012 | Reply to Response | Reply in Support of Petition for Review filed on behalf of A.S.E. (HARD COPIES REC'D) | ||||||
| 12/12/2012 | Response to Petition | Response to Petition for Review filed on behalf of Amanda Seymour. (HARD COPIES REC'D) | ||||||
| 12/11/2012 | Address Change | Address change for Petitioner's Lead Counsel. On behalf of A.S.E. |
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| 12/03/2012 | Motion for Extension of Time disposed. | Filing granted | Motion to Extend Time to File Response is granted. Response is due on December 12, 2012. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. |
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| 11/30/2012 | Amicus Curiae Brief received | Amicus Curiae Brief filed on behalf of Texas Civil Rights Project. (HARD COPIES REC'D) | ||||||
| 11/26/2012 | Motion for Extension of Time to File Response | Agreed Motion to Extend the Deadline to file Response to Petition for Review. On behalf of A.S. | ||||||
| 11/21/2012 | Letter sent to parties from Supreme Court - See Remarks | Letter sent to Respondent's Counsel, Mr. David Mizgala, in reference to Sealed Appellate Record. | ||||||
| 11/14/2012 | Letter Filed | Respondent attorney, David Mizgala, requests a copy of the sealed record. Filed on behalf of Amanda Seymour. | ||||||
| 11/14/2012 | Phone call from Clerk's Office | Verified with Mr. Mizgala that the Response Waiver was not in response to the Response Request from the Court. He had not received notice of the Response Request. He will file the Response by November 28, 2012. | | |||||
| 11/14/2012 | Response Waiver filed | Response Waiver filed on behalf of Amanda Seymour. | ||||||
| 11/13/2012 | Supreme Court of Texas Requested Response | Requested response to petition for review due no later than 11/28/12. |
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| 11/09/2012 | Petition for Review | Petition for Review filed on behalf of Artemis Eden Saurez. (HARD COPIES REC'D) |
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| 10/29/2012 | Notice of Appearance | Notice of Appearance of David Mizgala filed on behalf of Amanda Seymour. | ||||||
| 10/11/2012 | Miscellaneous motion disposed. See Remarks. | Filing dismissed as moot | Opposed Motion for an Order for the Court of Appeals' Record to be Filed with the Texas Supreme Court, to Unseal the Court of Appeals' Record or alternatively, Allow Petitioner's Counsel Access to the Record dismissed as moot. Per Clerk, the record remains subject to the sealing order issued by the Ninth Court of Appeals. |
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| 10/05/2012 | Letter sent to parties from Supreme Court - See Remarks | Letter sent to Petitioner's Counsel, Mr. Aaron Martinez, in reference to Sealed Appellate Record. | ||||||
| 10/03/2012 | Sealed document filed in case | SEALED -- Appellate Record | | |||||
| 10/02/2012 | Third Motion for Extension of Time to File Petition for Review disposed | Filing granted | Petition due November 9, 2012. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. |
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| 09/27/2012 | Notice of Appearance | Notice of Appearance of Aaron Martinez filed on behalf of Artemis Suarez Eden. | ||||||
| 09/26/2012 | Miscellaneous Motion | Opposed Motion for an Order for the Court of Appeals' Record to be Filed with the Texas Supreme Court, to Unseal the Court of Appeals' Record or alternatively, Allow Petitioner's Counsel Access to the Record. INCORPORATED WITH THIRD MOTION FOR EXTENSION. | ||||||
| 09/26/2012 | Third Motion for Extension of Time to File Petition for Review filed | Unopposed 3rd Motion for Extension of Time to file Petition for Review filed on behalf of Artemis Eden. MOTION TO REQUEST RECORD INCORPORATED. |
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| 09/10/2012 | Second Motion for Extension of Time to File Petition for Review disposed | Filing granted | Motion for Extension of Time is granted. Petition for Review is due October 10, 2012. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. |
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| 09/10/2012 | Response to Motion filed | Response to Second Motion for Extension of Time to file Petition for Review filed on behalf of Amanda Seymour. | ||||||
| 09/06/2012 | Phone call from Clerk's Office | Left message for Ms. Seymour. Requested whether or not a written response will be filed. | | |||||
| 09/04/2012 | Call received | From Ms. Amanda Seymor OPPOSING 2nd motion for extension of time of petitioner. | | |||||
| 08/27/2012 | Second Motion for Extension of Time to File Petition for Review filed | Second Motion for Extension of Time to file Petition for Review filed on behalf of Artemus Suarez Eden. |
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| 08/24/2012 | Call received | Received call from Mr. Eden stating he is going to file a second motion to extend time. | | |||||
| 07/12/2012 | Motion for Extension of Time to File Petition for Review disposed | Filing granted | First Extension of Time to File Petition for Review granted. Petition due 8/13/12. | |||||
| 07/10/2012 | Phone call from Clerk's Office | Second call made to find out if pro se respondent is opposed. Was unable to leave voicemail. Number provided just rings and rings. | | |||||
| 07/06/2012 | Affidavit of Inability to Pay Court Costs | Affidavit of Inability to Pay Court Costs | | |||||
| 07/06/2012 | Phone call from Clerk's Office | First attempt to contact pro se respondent. Called number provided by COA with no luck. Was unable to leave a voicemail. | | |||||
| 07/06/2012 | Call received | Ms. Seymour informed the Court that she typically does not receive notices from Mr. Eden. I directed her to sign up for the Casemail. | | |||||
| 07/03/2012 | Call received | Call received from Artemus Eden letting us know that he is mailing the affidavit of indigence. | | |||||
| 07/03/2012 | Call received | Call received from Artemus Eden to stating he is going to be transferred for testing and wanted to know if he was all good with the fax of the affidavit of indigence and the ADA information. Informed Mr. Eden that we had not gotten his fax. Then he was disconnected from his line. He has not returned the call. | | |||||
| 07/02/2012 | Call received | Call received from Artemus Eden who stated he spoke with the Clerk about the Americans with Disabilities Act. He stated he is in the hospital in NY and is unable to e-file or file via regular mail his motion. Explained to him that we do not accept fax filings, but we will make an exception in this situation. He was told that we will NOT accept the petition for review via fax. He needs to send us an affidavit of indigence. He said he will also send paperwork regarding the ADA information for assistance. | | |||||
| 07/02/2012 | Motion for Extension of Time to File Petition for Review filed | First Motion for Extension of Time to File Petition for Review filed on behalf of Artemus Suarez Eden |
Calendars
| Set Date | Calendar Type | Reason Set | Remarks |
|---|---|---|---|
| 05/16/2014 | Case Stored | Case stored. | Row 10 G-2 |
| 08/27/2013 | Case Stored | Case stored. | Row 22 F-5 |
Parties
| Party | PartyType | Representative |
|---|---|---|
| Texas Access to Justice Foundation | Amicus Curiae | Mr. Thomas R. Phillips |
| Texas Civil Rights Project | Amicus Curiae | Mr. Charles (Chad) E. Baruch |
| Seymour, Amanda | Respondent | Ms. Amanda Seymour Ms. Taryn Criswell Minter Mr. David Jefrie Mizgala Mr. Stephen D. Jackson |
| Childress, Charles G. | Amicus Curiae | Mr. Charles G. Childress |
| Eden, Artemus Suarez | Petitioner | Mr. Aaron Martinez Mr. Peter A. Bergman Mr. Richard J. Clarkson Mr. Artemus Suarez Eden |
| SMU Civil Rights Project | Amicus Curiae | Mr. Eliot D. Shavin |
Court of Appeals Information:
09-11-00191-CV
Dismissed
___ SW3d ___, 05-17-12
9th Court of Appeals
Honorable David Gaultney
Trial Court Information
418th District Court
Montgomery
Honorable Tracy A. Gilbert
09-09-09379-CV