Case: 22-0878
22-0878
10/04/2022
Petition for Review originally filed as 53.7(f)
MYERS-WOODWARD, LLC
UNDERGROUND SERVICES MARKHAM, LLC AND UNITED BRINE PIPELINE COMPANY LLC
Appellate Briefs
| Date | Event Type | Description | Remarks | Document | ||||
|---|---|---|---|---|---|---|---|---|
| 12/29/2023 | Brief on the Merits | Petitioner | Cross-Petitioner's Brief on the Merits filed on behalf of Underground Services Markham, LLC, et al. | |||||
| 12/29/2023 | Brief on the Merits | Petitioner | Petitioner's Brief on the Merits filed on behalf of Myers-Woodward, LLC, et al. | |||||
| 08/30/2023 | Reply to Response to Petition filed | Petitioner | Reply in Support of Petition for Review filed on behalf of Underground Services Markham, LLC, et al. | |||||
| 07/14/2023 | Reply to Response to Petition filed | Petitioner | Reply in Support of Petition for Review filed on behalf of Myers-Woodward, LLC. | |||||
| 06/30/2023 | Response to Petition | Respondent | Response to Petition for Review filed on behalf of Underground Services Markham, LLC, et al. | |||||
| 06/30/2023 | Response to Petition | Respondent | Response to Petition for Review filed on behalf of Myers-Woodward, LLC. | |||||
| 01/20/2023 | Petition for Review #2 | Petitioner | Cross Petition for Review filed on behalf of Underground Services Markham, LLC, et al. |
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| 01/20/2023 | Petition for Review | Petitioner | Petition for Review filed on behalf of Myers-Woodward, LLC, et al. |
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Case Events
| Date | Event Type | Disposition | Remarks | Document | ||||
|---|---|---|---|---|---|---|---|---|
| 02/13/2024 | Motion for Extension of Time disposed. | Filing granted | Second Joint Motion for Extension of Time to file Response Brief on the Merits is granted. Response Briefs are due March 21, 2024. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Reply Briefs are due April 5, 2024. |
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| 02/13/2024 | Motion for Extension of Time to File Brief filed | Second Joint Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Myers-Woodward, LLC and Underground Services Markham, LLC, et al. | ||||||
| 01/12/2024 | Motion for Extension of Time disposed. | Filing granted | Joint Motion for Extension of Time to file Respondents' Briefs on the Merits is granted. Respondents' Briefs are due February 20, 2024. Reply Briefs are due March 6, 2024. Further requests for extensions of time for this filing will be disfavored. |
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| 01/12/2024 | Motion for Extension of Time to File Brief filed | Joint Motion for Extension of Time to file Respondents' Briefs on the Merits filed on behalf of Myers-Woodward, LLC and Underground Services Markham, LLC, et al. | ||||||
| 12/29/2023 | Brief on the Merits | Cross-Petitioner's Brief on the Merits filed on behalf of Underground Services Markham, LLC, et al. | ||||||
| 12/29/2023 | Brief on the Merits | Petitioner's Brief on the Merits filed on behalf of Myers-Woodward, LLC, et al. | ||||||
| 11/22/2023 | Motion for Extension of Time disposed. | Filing granted | Second Joint Motion for Extension of Time to file Petitioners' Brief on the Merits is granted. Petitioners' Brief is due December 29, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. Response Brief is due January 18, 2024. Reply Brief is due February 2, 2024. |
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| 11/21/2023 | Motion for Extension of Time to File Brief filed | Second Joint Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Myers-Woodward, LLC, et al. | ||||||
| 10/26/2023 | Motion for Extension of Time disposed. | Filing granted | Motion for Extension of Time to file Petitioners' Brief on the Merits is granted in part. Petitioners' Brief is due November 29, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Brief is due December 19, 2023. Reply Brief is due January 3, 2023. |
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| 10/25/2023 | Motion for Extension of Time to File Brief filed | Joint Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Myers-Woodward, LLC, et al. | ||||||
| 09/29/2023 | Brief on the Merits Requested | Brief on the merits requested: Petitioner's brief due no later than October 30, 2023; Response brief due November 20, 2023; Reply brief due December 5, 2023. |
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| 08/30/2023 | Reply to Response to Petition filed | Reply in Support of Petition for Review filed on behalf of Underground Services Markham, LLC, et al. | ||||||
| 08/11/2023 | MET to file reply disposed of | Filing granted | Unopposed Second Motion for Extension of Time to file Reply in Support of Petition for Review is granted. |
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| 08/11/2023 | Motion to Extend Time to File Reply filed | Unopposed Second Motion for Extension of Time to file Reply in Support of Petition for Review filed on behalf of Underground Services Markham, LLC, et al. | ||||||
| 07/14/2023 | Reply to Response to Petition filed | Reply in Support of Petition for Review filed on behalf of Myers-Woodward, LLC. | ||||||
| 07/13/2023 | MET to file reply disposed of | Filing granted | Unopposed Motion for Extension of Time to file Reply in Support of Petition for Review is granted. Reply is due August 16, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. |
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| 07/13/2023 | 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 Underground Services Markham, LLC, et al. | ||||||
| 06/30/2023 | Response to Petition | Response to Petition for Review filed on behalf of Underground Services Markham, LLC, et al. | ||||||
| 06/30/2023 | Response to Petition | Response to Petition for Review filed on behalf of Myers-Woodward, LLC. | ||||||
| 06/07/2023 | Motion for Extension of Time to File Response disposed | Filing granted | Second Joint Motion for Extension of Time to file Requested Responses to Petitions for Review is granted. Responses are due June 30, 2023. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. |
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| 05/30/2023 | Call received | Call received from counsel for Respondent to ask how to file the fee. | | |||||
| 05/26/2023 | Motion for Extension of Time to File Response | Unopposed Second Joint Motion for Extension of Time to file Requested Responses to Petitions for Review filed on behalf of Myers-Woodward, LLC. | ||||||
| 04/21/2023 | Motion for Extension of Time to File Response disposed | Filing granted | Joint Motion for Extension of Time to file Responses to Petitions for Review is granted. Responses are due May 31, 2023. Further requests for extensions of time for this filing will be disfavored. |
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| 04/21/2023 | Motion for Extension of Time to File Response | Unopposed Joint Motion for Extension of Time to file Requested Responses to Petitions for Review filed on behalf of Underground Services Markham, LLC, et al. | ||||||
| 03/31/2023 | Supreme Court of Texas Requested Response | Requested responses to both petitions for review due no later than May 1, 2023. |
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| 02/28/2023 | Case forwarded to Court | | | |||||
| 02/28/2023 | Case forwarded to Court | | | |||||
| 02/10/2023 | Response Waiver filed | Response Waiver filed on behalf of Myers-Woodward, LLC. | ||||||
| 01/20/2023 | Petition for Review #2 | Cross Petition for Review filed on behalf of Underground Services Markham, LLC, et al. |
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| 01/20/2023 | Petition for Review | Petition for Review filed on behalf of Myers-Woodward, LLC, et al. |
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| 01/19/2023 | Call received | Call received from counsel for Respondent regarding Motion filed. | | |||||
| 01/19/2023 | Pro hac vice motion disposed | Filing granted | Motion for Admission Pro Hac Vice for Peter L. Hilbert, Jr. granted. | | ||||
| 01/19/2023 | Pro hac vice motion disposed | Filing granted | Motion in Support of Motion for Admission Pro Hac Vice for Peter L. Hilbert, Jr. granted. |
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| 01/18/2023 | Pro hac vice motion disposed | Filing granted | Motion in Support of Motion for Admission Pro Hac Vice for Thomas J. Madigan, II granted. | | ||||
| 01/18/2023 | Pro hac vice motion disposed | Filing granted | Motion for Admission Pro Hac Vice for Thomas J. Madigan, II granted. |
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| 01/18/2023 | Pro hac vice motion filed | Unopposed Motion of Resident Attorney Rachel Ekery in Support of Peter L. Hilbert, Jr.'s Admission Pro Hac Vice filed on behalf of United Brine Pipeline Company, LLC, et al. | ||||||
| 01/18/2023 | Pro hac vice motion filed | Unopposed Motion for Admission Pro Hac Vice for Thomas J. Madigan, II filed on behalf of United Brine Pipeline Company, LLC, et al. | ||||||
| 01/18/2023 | Pro hac vice motion filed | Unopposed Motion of Resident Attorney Rachel Ekery in Support of Thomas J. Madigan II’s Admission Pro Hac Vice filed on behalf of United Brine Pipeline Company, LLC, et al. | ||||||
| 01/18/2023 | Pro hac vice motion filed | Unopposed Motion for Admission Pro Hac Vice for Peter L. Hilbert, Jr. filed on behalf of United Brine Pipeline Company, LLC, et al. | ||||||
| 01/18/2023 | Pro hac vice motion disposed | Filing granted | Motion of Resident Attorney in Support of Stuart D. Kottle's Admission Pro Hac Vice is granted. | | ||||
| 01/18/2023 | Pro hac vice motion disposed | Filing granted | Motion for Admission Pro Hac Vice for Stuart D. Kottle is granted. |
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| 01/18/2023 | Pro hac vice motion filed | Unopposed Motion of Resident Attorney Rachel Ekery in Support of Stuart D. Kottle's Admission Pro Hac Vice filed on behalf of United Brine Pipeline Company, LLC, et al. | ||||||
| 01/18/2023 | Pro hac vice motion filed | Unopposed Motion for Admission Pro Hac Vice for Stuart D. Kottle filed on behalf of United Brine Pipeline Company, LLC, et al. | ||||||
| 12/15/2022 | 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 no later than January 20, 2023. Further requests for extensions of time for this filing will not be considered. |
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| 12/15/2022 | Third Motion for Extension of Time to File Petition for Review filed | Third Joint Motion for Extension of Time to file Petition for Review filed on behalf of Myers-Woodward, LLC, et al. |
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| 11/04/2022 | 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 granted. Further requests for extensions of time for this filing will be disfavored. Petition for Review is due December 21, 2022. |
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| 11/03/2022 | 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 Myers-Woodward, LLC. |
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| 10/05/2022 | Motion for Extension of Time to File Petition for Review disposed | Filing granted | Joint Motion for Extension of Time to file Petitions for Review is granted. Petitions for Review are due no later than November 21, 2022. |
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| 10/04/2022 | Motion for Extension of Time to File Petition for Review filed | Joint Motion for Extension of Time to file Petitions for Review filed on behalf of Myers-Woodward, LLC, et al. |
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| 10/04/2022 | Supplement to Clerk's/Reporter's Record | | | |||||
| 10/04/2022 | Court reporter/recorder's record | | | |||||
| 10/04/2022 | Court reporter/recorder's record | | | |||||
| 10/04/2022 | Supplement to Clerk's/Reporter's Record | | | |||||
| 10/04/2022 | Clerk's Record | | |
Calendars
| Set Date | Calendar Type | Reason Set | Remarks |
|---|---|---|---|
| 02/28/2023 | Work-Up by Staff / Review by Justices | Under Review | |
| 02/28/2023 | Work-Up by Staff / Review by Justices | Under Review | |
| 03/21/2024 | Status | Respondent/Real party in interest brief on the merit due | FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL NOT BE CONSIDERED. |
| 04/05/2024 | Status | Pet/Rel reply brief on the merits due |
Parties
| Party | PartyType | Representative |
|---|---|---|
| United Brine Pipeline Company, LLC | Respondent | Peter L. Hilbert Mr. Thomas J. Madigan II Mr. Thomas A. Zabel Ms. Rachel Anne Ekery Stuart D. Kottle Darnell Bludworth Ms. Audrey Vicknair Ms. Harriet O'Neill Ms. Nancy Hahn Elliott Ms. Pamela Marie McCarty Dupuis Mr. James M. Garner Mr. Wallace B. Jefferson |
| Myers-Woodward, LLC | Petitioner | Mr. Ross A. Sears II Ms. Anna Fredrickson Mr. Byron C. Keeling Mr. Lee S. Gill |
| Underground Services Markham, LLC | Respondent | Stuart D. Kottle Ms. Nancy Hahn Elliott Ms. Rachel Anne Ekery Ms. Audrey Vicknair Ms. Harriet O'Neill Mr. James M. Garner Mr. Wallace B. Jefferson Ms. Pamela Marie McCarty Dupuis Peter L. Hilbert Mr. Thomas J. Madigan II Mr. Thomas A. Zabel |
Court of Appeals Information:
13-20-00172-CV
Aff/Rev & Rend/Rev & Rem
___ SW3d ___, 06-16-22
13th Court of Appeals
Honorable Jaime Eduardo Tijerina
Trial Court Information
130th District Court
Matagorda
Honorable Denise Fortenberry
13-E-0218