Case: 19-0605
19-0605
07/17/2019
Petition for Review/Cause under Rule 53.1
JIM OLIVE PHOTOGRAPHY, D/B/A PHOTOLIVE
UNIVERSITY OF HOUSTON SYSTEM
Appellate Briefs
| Date | Event Type | Description | Remarks | Document | ||||
|---|---|---|---|---|---|---|---|---|
| 02/09/2021 | Amicus Curiae Brief received | Received (instead of filed) | Amicus Brief of J. Glynn Lunney, Professor of Law. Submitted by Saurabh Vishnubhakat of Texas A&M University School of Law. |
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| 12/14/2020 | Reply Brief | Petitioner | Reply Brief on the Merits filed on behalf of Jim Olive Photography. | |||||
| 09/25/2020 | Brief on the Merits | Respondent | Response Brief on the Merits filed on behalf of the University of Houston System. | |||||
| 07/06/2020 | Brief on the Merits | Petitioner | Petitioner's Brief on the Merits filed on behalf of Jim Olive Photography. | |||||
| 04/03/2020 | Reply to Response to Petition filed | Petitioner | Reply in Support of Petition for Review filed on behalf of Jim Olive Photography d/b/a Photolive. | |||||
| 02/20/2020 | Response to Petition | Respondent | Response to Petition for Review filed on behalf of The University of Houston System. | |||||
| 10/07/2019 | Amicus Curiae Brief received | Received (instead of filed) | Amicus Curiae Brief of Adam Mossoff. Submitted by April Farris of Yetter Coleman LLP, of Houston, Texas. |
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| 10/02/2019 | Amicus Curiae Brief received | Received (instead of filed) | Amicus Curiae Brief filed on behalf of the National Press Photographers Association, et al. |
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| 09/25/2019 | Petition for Review | Petitioner | Petition for Review filed on behalf of Jim Olive Photography d/b/a Photolive. |
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Case Events
| Date | Event Type | Disposition | Remarks | Document | ||||
|---|---|---|---|---|---|---|---|---|
| 02/25/2021 | Oral argument | Argued on behalf of Petitioner by Owen J. McGovern; Argued on behalf of Respondent by Rance Craft | ||||||
| 02/22/2021 | Submission Schedule | | ||||||
| 02/09/2021 | Amicus Curiae Brief received | Amicus Brief of J. Glynn Lunney, Professor of Law. Submitted by Saurabh Vishnubhakat of Texas A&M University School of Law. |
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| 01/29/2021 | Motion to withdraw disposed of | Filing granted | Motion to Withdraw Kyle Hawkins as counsel is granted. |
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| 01/29/2021 | Motion to Withdraw Filed | Motion to Withdraw filed on behalf of Kyle Hawkins, counsel for Respondent, The University of Houston System. | ||||||
| 01/25/2021 | Oral Argument Submission Form from Attorney received | Oral Argument Submission Form submitted on behalf of Jim Olive Photography. Argument will be presented by Owen J. McGovern of Beck Redden, LLP in Houston Texas. | ||||||
| 01/25/2021 | Oral Argument Submission Form from Attorney received | Oral Argument Submission Form filed on behalf of The University of Houston System. Argument will be presented by Rance Craft of the Attorney General's Office of Austin, Texas. | ||||||
| 01/20/2021 | Motion to withdraw disposed of | Filing granted | Motion to Withdraw and Substitute Counsel granted. |
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| 01/19/2021 | Call received | Call from Amicus Party regarding status of motion to substitute counsel. | | |||||
| 01/15/2021 | Case set for oral argument | Case set for oral argument | This case has been set for oral argument at 9:00 a.m., February 25, 2021. Time allotted to argue: 20/20 minutes |
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| 01/15/2021 | Petition for Review disposed | Filing granted | | | ||||
| 01/15/2021 | Petition for Review granted | | | |||||
| 01/07/2021 | Call received | Call received from counsel for Adam Mossoff regarding returned filing. | | |||||
| 01/07/2021 | Electronic communication received from Party | Email received from counsel for Adam Mossoff regarding returned filings. | | |||||
| 01/06/2021 | Phone call from Clerk's Office | Call made to counsel for Adam Mossoff regarding returned filing. | | |||||
| 12/30/2020 | Motion to Substitute filed | Motion to Substitute Counsel filed on behalf of Adam Mossoff. | ||||||
| 12/14/2020 | Reply Brief | Reply Brief on the Merits filed on behalf of Jim Olive Photography. | ||||||
| 11/02/2020 | Motion for Extension of Time disposed. | Filing granted | Second Motion for Extension of Time to file Reply Brief on the Merits granted. Reply Brief due December 14, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. |
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| 11/02/2020 | Motion 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 Jim Olive Photography. | ||||||
| 10/05/2020 | 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 November 12, 2020. |
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| 10/05/2020 | 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 Jim Olive Photography. | ||||||
| 09/25/2020 | Brief on the Merits | Response Brief on the Merits filed on behalf of the University of Houston System. | ||||||
| 08/21/2020 | Motion for Extension of Time disposed. | Filing granted | Second Motion for Extension of Time to file Response Brief on the Merits granted. Response Brief due September 25, 2020. Reply Brief due October 12, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. |
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| 08/21/2020 | Motion for Extension of Time to File Brief filed | Second Motion for Extension of Time to file Response Brief on the Merits filed on behalf of The University of Houston System. | ||||||
| 07/17/2020 | 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 on August 26, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply brief is due on September 10, 2020. |
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| 07/17/2020 | Motion for Extension of Time to File Brief filed | Motion for Extension of Time to file Response Brief on the Merits filed on behalf of the University of Houston System. | ||||||
| 07/06/2020 | Brief on the Merits | Petitioner's Brief on the Merits filed on behalf of Jim Olive Photography. | ||||||
| 06/05/2020 | Brief on the Merits Requested | Brief on the Merits requested: Petitioner's brief due no later than July 6, 2020; Response brief due July 27, 2020; Reply brief due August 11, 2020. | ||||||
| 04/03/2020 | Reply to Response to Petition filed | Reply in Support of Petition for Review filed on behalf of Jim Olive Photography d/b/a Photolive. | ||||||
| 03/18/2020 | Call received | Call received from counsel for petitioner regarding the status of the Motion for Extension of Time to file Reply. | | |||||
| 03/18/2020 | MET to file reply disposed of | Filing granted | Second Motion for Extension of Time to file Reply to Petition for Review granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply is due April 3, 2020. |
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| 03/17/2020 | Motion to Extend Time to File Reply filed | Unopposed Second Motion for Extension of Time to file Reply to Petition for Review filed on behalf of Jim Olive Photography d/b/a Photolive. | ||||||
| 03/02/2020 | MET to file reply disposed of | Filing granted | Motion for Extension of Time to file Reply to Petition for Review granted. Reply due March 20, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. |
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| 03/02/2020 | Motion to Extend Time to File Reply filed | Motion for Extension of Time to file Reply to Petition for Review filed on behalf of Jim Olive Photography d/b/a Photolive. | ||||||
| 02/20/2020 | Response to Petition | Response to Petition for Review filed on behalf of The University of Houston System. | ||||||
| 01/30/2020 | Motion for Extension of Time to File Response disposed | Filing granted | Second Motion for Extension of Time to file Response to Petition for Review granted. Response due February 20, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. |
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| 01/30/2020 | Motion for Extension of Time to File Response | Second Motion for Extension of Time to file Response to Petition for Review filed on behalf of The University of Houston System. | ||||||
| 12/30/2019 | Motion for Extension of Time to File Response disposed | Filing granted | Motion for Extension of time to file Response to Petition for Review granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due February 5, 2020. |
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| 12/30/2019 | 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 the University of Houston System. | ||||||
| 12/06/2019 | Supreme Court of Texas Requested Response | Requested response to petition for review due no later than January 6, 2020. |
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| 10/29/2019 | Case forwarded to Court | | | |||||
| 10/23/2019 | Response Waiver filed | Response Waiver filed on behalf of The University of Houston System. | ||||||
| 10/23/2019 | Notice of Appearance | Notice of Appearance and Designation of Lead Counsel filed on behalf of The University of Houston System. | ||||||
| 10/07/2019 | Amicus Curiae Brief received | Amicus Curiae Brief of Adam Mossoff. Submitted by April Farris of Yetter Coleman LLP, of Houston, Texas. |
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| 10/04/2019 | Pro hac vice motion disposed | Filing granted | Motion in support of admission pro hac vice of Mickey H. Osterreicher granted. |
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| 10/04/2019 | Pro hac vice motion disposed | Filing granted | Motion for Admission for Pro Hac Vice of nonresident attorney Mickey H. Osterreicher granted. |
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| 10/04/2019 | Pro hac vice motion filed | Motion of Resident Attorney Alicia Calzada in Support of Mickey H. Osterreicher's Admission Pro Hac Vice filed on behalf of National Press Photographer's Association, et al. | ||||||
| 10/04/2019 | Pro hac vice motion filed | Motion for Admission Pro Hac Vice of nonresident attorney Mickey H. Osterreicher filed on behalf of National Press Photographer's Association, et al. | ||||||
| 10/03/2019 | Phone call from Clerk's Office | Call made to counsel for amicus curiae regarding out-of-state attorney Mickey H. Osterreicher. | | |||||
| 10/02/2019 | Amicus Curiae Brief received | Amicus Curiae Brief filed on behalf of the National Press Photographers Association, et al. |
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| 09/25/2019 | Petition for Review | Petition for Review filed on behalf of Jim Olive Photography d/b/a Photolive. |
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| 08/20/2019 | 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 granted. Further requests for extensions of time will be disfavored. Petition for Review is due no later than September 25, 2019. |
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| 08/20/2019 | 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 Jim Olive Photography. |
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| 07/17/2019 | Motion for Extension of Time to File Petition for Review disposed | Filing granted | Motion for Extension of Time to file Petition for Review has been granted. Petition for Review is due on August 26, 2019. |
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| 07/17/2019 | 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 Jim Olive Photography d/b/a Photolive. |
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| 07/17/2019 | Court reporter/recorder's record | | | |||||
| 07/17/2019 | Clerk's Record | | |
Calendars
| Set Date | Calendar Type | Reason Set | Remarks |
|---|---|---|---|
| 02/25/2021 | Submitted (Awaiting Opinion) | Submitted (Awaiting Opinion) |
Parties
| Party | PartyType | Representative |
|---|---|---|
| Mossoff, Adam | Amicus Curiae | Ms. Constance H. Pfeiffer |
| North American Nature Photography Association | Amicus Curiae | Mr. Thomas Maddrey Ms. Alicia Calzada Mr. Mickey H. Osterreicher |
| J. Glynn Lunney, Professor of Law | Amicus Curiae | Saurabh Vishnubhakat |
| Graphic Artists Guild, Inc. | Amicus Curiae | Ms. Alicia Calzada Mr. Mickey H. Osterreicher Mr. Thomas Maddrey |
| Digital Media Licensing Association, Inc. | Amicus Curiae | Mr. Thomas Maddrey Mr. Mickey H. Osterreicher Ms. Alicia Calzada |
| American Society of Media Photographers | Amicus Curiae | Mr. Mickey H. Osterreicher Mr. Thomas Maddrey |
| Jim Olive Photography, d/b/a Photolive | Petitioner | Mr. David M. Gunn Mr. Joe W. Redden Jr. Mr. Owen J. McGovern |
| Professional Photographers of America | Amicus Curiae | Mr. Thomas Maddrey Mr. Mickey H. Osterreicher Ms. Alicia Calzada |
| American Photographic Artists | Amicus Curiae | Ms. Alicia Calzada Mr. Mickey H. Osterreicher Mr. Thomas Maddrey |
| The University of Houston System | Respondent | Mr. Jeffrey C. Mateer Ms. Anne M. Mackin The Honorable Warren Kenneth Paxton Mr. Ryan Lee Bangert Mr. Bill Davis Mr. Rance L. Craft |
| National Press Photographers Association | Amicus Curiae | Ms. Alicia Calzada Mr. Mickey H. Osterreicher |
Court of Appeals Information:
01-18-00534-CV
Reverse & Render
580 SW3d 360, 06-11-19
1st Court of Appeals
Honorable Richard F. Hightower
Trial Court Information
295th District Court
Harris
Honorable Caroline E. Baker
2017-84942