Case: 03-0784
03-0784
08/27/2003
Third Petition for Review/Cause under Rule 53.1
PETER C. BROWNING, ET AL.
JEFF P. PROSTOK, ET AL.
Appellate Briefs
| Date | Event Type | Description | Remarks | Document |
|---|---|---|---|---|
| 10/11/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 10/10/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 10/09/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 10/08/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 10/07/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 01/20/2005 | Post submission brief filed | Respondent | TCW respondent's supplemental post-submission response. | |
| 11/22/2004 | Post submission brief filed | Petitioner | Petitioner Jeff Prostok, et al's post submission reply brief on the merits. (Seq #3) | |
| 10/22/2004 | Supplemental Brief filed | Mo to supplement granted; TCW's supplement to Reply Brief in Further Support of Summary Judgment (2 passages from Judge Felsenthal) attached to mo to supplement brief | | |
| 06/15/2004 | Reply Brief | Petitioner | reply brief on the merits of petitioner National Gypsum Company, Seq. #2 | |
| 06/15/2004 | Reply Brief | Petitioner | reply brief on the mertis of Peter C. Browning, Edward A. Porter, Autino O. Maraia, et al., Seq. #1 | |
| 06/15/2004 | Reply Brief | Petitioner | reply brief on the merits of Jeff Prostok, et al, Seq. #3 | |
| 05/26/2004 | Brief on the Merits | Respondent | Jeff Prostok, et al.'s respondents' brief on the merits, Seq. #3 | |
| 05/26/2004 | Brief on the Merits | Other than Petitioner, Respondent, Relator etc. | TCW Respondents' brief on the merits | |
| 04/19/2004 | Appendix Filed | Petitioner | appendix to brief on the merits of pet. National Gypsum Co., Seq. #2 | |
| 04/19/2004 | Brief on the Merits | Petitioner | Brief on the merits of petitioner National Gypsum Company, Seq. #2 | |
| 04/19/2004 | Brief on the Merits | Petitioner | Pet Jeff Prostok (#3) brief on the merits | |
| 04/15/2004 | Brief on the Merits | Petitioner | Petitioner #1 Peter C. Browning, Edward A. Porter, Autino O. Maraia, Bernard Kasrriel, Gerard P. Carroll and Cynthia Hartley's brief on the merits; | |
| 02/17/2004 | Reply Brief | Petitioner | Peter Browning, et al.'s reply brief on the merits (seq #1) | |
| 02/12/2004 | Reply to Response | Petitioner | National Gypsum Co.'s reply to the responses (seq #2) Pre paid envelope in control folder - No extra copies to send back | |
| 01/28/2004 | Response to Petition | Respondent | Response on behalf of Jeff Prostok, et al., to National Gypsum Company's petition for review | |
| 01/28/2004 | Response to Petition | Respondent | Response on behalf of Jeff Prostok, et al, to Officers' and Directors' petition for review, Seq. #3 | |
| 11/26/2003 | Response to Petition | Other than Petitioner, Respondent, Relator etc. | On behalf of TCW Special Credits, The TCW Group, Inc., Trust Co. of the West and TCW Asset Management Co. | |
| 10/24/2003 | Appendix Filed | Petitioner | Appendix to petition for review filed on behalf of Jeff Prostok Et Al. Sequence #3 | |
| 10/24/2003 | Petition for Review | Petitioner | Pet for review filed on behalf of Jeff Prosktok Et Al. (Seq. #3) | |
| 10/24/2003 | Appendix Filed | Petitioner | Appendix to petition for review filed on behalf of Peter C. Browning Et Al., Sequence #1 | |
| 10/24/2003 | Appendix Filed | Petitioner | appendix attached to petition for review #2 (National Gypsum Company) | |
| 10/24/2003 | Petition for Review #2 | Petitioner | Petition for review filed on behalf of National Gypsum Sequence #2 | |
| 10/24/2003 | Petition for Review | Petitioner | Petition for review filed on behalf of Peter C. Browning Et Al. Sequence #1 | |
Case Events
| Date | Event Type | Disposition | Remarks | Document |
|---|---|---|---|---|
| 10/11/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 10/10/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 10/09/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 10/08/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 10/07/2020 | Brief from database | Refer to file-stamped date on the document for the actual file date. | ||
| 07/22/2005 | Case Stored | G02/EX-E-1,2,3,4, & 5 (9 folders & 15 boxes) | | |
| 07/20/2005 | Mandate issued | Mandate and cost bill issued. | ||
| 05/27/2005 | Motion to strike disposed | Denied with Justice not sitting. | New NGC's motion to strike Tab B in support of respondents' brief on the merits is denied | |
| 05/27/2005 | Court approved judgment sent to attorneys of record | Issued | | |
| 05/27/2005 | Opinion issued | Issued | | |
| 05/27/2005 | Opinion issued | Issued | | |
| 05/27/2005 | Opinion issued | Court affirms in part, reverses in part and renders court of appeals' judgment | | |
| 01/20/2005 | Post submission brief filed | TCW respondent's supplemental post-submission response. | | |
| 11/22/2004 | Post submission brief filed | Petitioner Jeff Prostok, et al's post submission reply brief on the merits. (Seq #3) | | |
| 11/05/2004 | Motion to File Supplemental Brief disposed | Filing granted | TCW Rsp's motion to supplement briefing granted. | |
| 10/22/2004 | Supplemental Brief filed | Mo to supplement granted; TCW's supplement to Reply Brief in Further Support of Summary Judgment (2 passages from Judge Felsenthal) attached to mo to supplement brief | | |
| 10/22/2004 | Motion to supplement filed | TCW's motion to supplement the briefing | | |
| 10/19/2004 | Notice received | Notice to the Court that attorney Basheer Y. Ghorayeb does not represent any party in case. He asked to be taken off the notice list. He has been removed. | | |
| 10/19/2004 | Electronic copies of brief posted to website | National Gypsum Co.'s Petitioners' Brief on the Merits (Seq 2); EBRIEF # 03078407 | | |
| 10/19/2004 | Electronic copies of brief posted to website | National Gypsum Co.'s Petitioners' Reply Brief on the Merits (Seq 2); EBRIEF # 03078408 | | |
| 10/19/2004 | Oral argument | Argued on behalf of petitioners by Samara L. Kline, Boe W. Martin, and Michael P. Lynn; argued on behalf of respondents by Roger D. Townsend. | ||
| 10/19/2004 | Oral argument | Argued on behalf of petitioners by Samara L. Kline, Boe W. Martin, and Michael P. Lynn; argued on behalf of respondents by Roger D. Townsend. | | |
| 10/19/2004 | Oral argument | Argued on behalf of petitioners by Samara L. Kline, Boe W. Martin, and Michael P. Lynn; argued on behalf of respondents by Roger D. Townsend. | | |
| 10/08/2004 | Miscellaneous motion disposed. See Remarks. | motion granted in part | Joint motion regarding oral argument is granted in part (See letter in related documents) | |
| 10/01/2004 | Electronic copies of brief posted to website | TCW'S RESPONDENTS BRIEF ON THE MERITS; EBRIEF #03078406 | | |
| 10/01/2004 | Electronic copies of brief posted to website | JEFF PROSTOK, ET AL.'S RESPONDENTS' BRIEF ON THE MERITS (SEQ. #3); EBRIEF # 03078405 | | |
| 10/01/2004 | Electronic copies of brief posted to website | JEFF PROSTOK, ET AL.'S PETITIONERS' REPLY BRIEF ON THE MERITS (SEQ. #3); EBRIEF # 03078404 | | |
| 10/01/2004 | Electronic copies of brief posted to website | JEFF PROSTOK, ET AL.'S PETITIONERS' BRIEF ON THE MERITS (SEQ. #3); EBRIEF # 03078403 | | |
| 10/01/2004 | Electronic copies of brief posted to website | PETER C. BROWNING, ET AL.'S PETITIONERS REPLY BRIEF ON THE MERITS (SEQ 1); EBRIEF #03078402 | | |
| 10/01/2004 | Electronic copies of brief posted to website | PETER C. BROWNING, ET AL.'S PETITIONERS BRIEF ON THE MERITS (SEQ 1); EBRIEF #03078401 | | |
| 09/21/2004 | Joint motion for anything. | Joint motion regarding oral argument filed on behalf of all (3) petitioners | | |
| 09/16/2004 | Letter Received | letter stating that NGC Asbestos Disease and Property Damage Trust entered into a settlement agreement w/all interested parties and was dismissed at the coa level--remove from service list | | |
| 09/16/2004 | Description of document returned to Supreme Court | Letter to Mr. Basheer Ghorayeb - remailed to correct address | | |
| 09/10/2004 | Petition for Review granted | PETITION #3 GRANTED AND SET FOR ORAL ARGUMENT 10-19-04 | | |
| 09/10/2004 | Petition for Review disposed | Filing granted | PETITION #3 GRANTED AND SET FOR ORAL ARGUMENT 10-19-04 | |
| 09/10/2004 | Petition for Review granted | PETITION #2 GRANTED AND SET FOR ORAL ARGUMENT 10-19-04 | | |
| 09/10/2004 | Petition for Review disposed | Filing granted | PETITION #2 GRANTED AND SET FOR ORAL ARGUMENT 10-19-04 | |
| 09/10/2004 | Case set for oral argument | Case set for oral argument | | |
| 09/10/2004 | Petition for Review granted | Petition #1 is set for oral argument 10-19-04 | | |
| 09/10/2004 | Petition for Review disposed | Filing granted | Oral argument is set for 10-19-04 | |
| 06/25/2004 | Response to Motion filed | Response in opposition to motion to strike filed on behalf of Jeff Prostok et al. (seq #3) | | |
| 06/15/2004 | Motion to Strike filed | New NGC's motion to strike Tab B in support of respondents' brief on the merits, Seq. #2 | | |
| 06/15/2004 | Reply Brief | reply brief on the merits of petitioner National Gypsum Company, Seq. #2 | ||
| 06/15/2004 | Reply Brief | reply brief on the mertis of Peter C. Browning, Edward A. Porter, Autino O. Maraia, et al., Seq. #1 | ||
| 06/15/2004 | Reply Brief | reply brief on the merits of Jeff Prostok, et al, Seq. #3 | ||
| 05/26/2004 | Brief on the Merits | Jeff Prostok, et al.'s respondents' brief on the merits, Seq. #3 | ||
| 05/26/2004 | Brief on the Merits | TCW Respondents' brief on the merits | ||
| 04/19/2004 | Appendix Filed | appendix to brief on the merits of pet. National Gypsum Co., Seq. #2 | | |
| 04/19/2004 | Brief on the Merits | Brief on the merits of petitioner National Gypsum Company, Seq. #2 | ||
| 04/19/2004 | Brief on the Merits | Pet Jeff Prostok (#3) brief on the merits | ||
| 04/15/2004 | Brief on the Merits | Petitioner #1 Peter C. Browning, Edward A. Porter, Autino O. Maraia, Bernard Kasrriel, Gerard P. Carroll and Cynthia Hartley's brief on the merits; | ||
| 03/24/2004 | Record Received (See Remarks) | Inventory in remarks | | |
| 03/05/2004 | Letter Received | Letter rec from Mr. Rodney Acker, to inform the court that he was no longer a party to the appeal pending before the crt. He stated the case was settled with his client, DLJ, and he also enclosed a copy of final judgment. | | |
| 03/04/2004 | Motion for Extension of Time disposed. | Filing granted | Petitioners' joint m/e/t to extend merits briefing dealines was granted. Pets' briefs due 4/19/04, Resp briefs due 5/26/04, reply briefs due 6/15/04. Briefs due n/l/t 3:00 pm, mlbx rule d/n/a. Further req. for ext. of time will be disfavored. | |
| 03/04/2004 | Motion for Extension of Time to File Brief filed | Joint m/e/t to extend merits briefing deadlines | | |
| 02/26/2004 | Brief on the Merits Requested | Pet brief is due 03-29-04, resp brief is due 04-19-04, reply brief is due 05-04-04; mlbx rule d/n/a | ||
| 02/25/2004 | Record Requested in Petition for Review | emailed Cathy Henderson @ 5th CA | | |
| 02/17/2004 | Reply Brief | Peter Browning, et al.'s reply brief on the merits (seq #1) | | |
| 02/12/2004 | Reply to Response | National Gypsum Co.'s reply to the responses (seq #2) Pre paid envelope in control folder - No extra copies to send back | | |
| 01/28/2004 | Response Waiver filed | Response waiver to pet for review (#2, National Gypsum Company) filed on behalf of TCW Special Credits, The TCW Group., Inc., Trust Co. of the West, and TCW Asset Management Comp Note*** (1 filing, entered in process for Pet #1, & Pet #2) | | |
| 01/28/2004 | Response Waiver filed | Response waiver to petition for review #1 (Peter Browning et al) filed on behalf of TCW Special Credits, The TCW Group, Inc., Trust Company of the West & TCW Asset Mangement Co., **Note** (1 filing entered in process for pet #1 and Pet #2 per nv) | | |
| 01/28/2004 | Response to Petition | Response on behalf of Jeff Prostok, et al., to National Gypsum Company's petition for review | | |
| 01/28/2004 | Response to Petition | Response on behalf of Jeff Prostok, et al, to Officers' and Directors' petition for review, Seq. #3 | | |
| 01/21/2004 | Address Change | Firm name change for Mr. DePalma; firm fna: Lynn Tillotson & Pinker LLP; name changed to: Fried Frank Harris Shriver & Jacobson LLP; address & ph #'s remain the same. Firm name updated in CM. | | |
| 01/12/2004 | Description of document returned to Supreme Court | Letter to Mr. Craig Averch returned - called and got his correct address in Los Angeles, CA. and remailed. | | |
| 12/29/2003 | Supreme Court of Texas Requested Response | Requested response is due n/l/t 5:00 p.m., 01-28-04, mlbx rule d/n/a | | |
| 11/26/2003 | Response to Petition | On behalf of TCW Special Credits, The TCW Group, Inc., Trust Co. of the West and TCW Asset Management Co. | | |
| 11/25/2003 | Response Waiver filed | response waiver on behalf of Prostok group to other parties' petitions for review, Seq. #3 | | |
| 11/25/2003 | Case forwarded to Court | | | |
| 11/25/2003 | Case forwarded to Court | | | |
| 11/25/2003 | Case forwarded to Court | | | |
| 10/24/2003 | Appendix Filed | Appendix to petition for review filed on behalf of Jeff Prostok Et Al. Sequence #3 | | |
| 10/24/2003 | Petition for Review | Pet for review filed on behalf of Jeff Prosktok Et Al. (Seq. #3) | | |
| 10/24/2003 | Appendix Filed | Appendix to petition for review filed on behalf of Peter C. Browning Et Al., Sequence #1 | | |
| 10/24/2003 | Appendix Filed | appendix attached to petition for review #2 (National Gypsum Company) | | |
| 10/24/2003 | Petition for Review #2 | Petition for review filed on behalf of National Gypsum Sequence #2 | | |
| 10/24/2003 | Petition for Review | Petition for review filed on behalf of Peter C. Browning Et Al. Sequence #1 | | |
| 08/29/2003 | Phone call from Clerk's Office | call made to Samara Kline re status of parties in m/e/t. She adv TCW et & National Gypsum Co., should be considered others at this point. | | |
| 08/27/2003 | Motion for Extension of Time to File Petition for Review disposed | Filing granted | Petitioners' joint m/e/t to file petitions was granted until October 24, 2003. | |
| 08/27/2003 | Motion for Extension of Time to File Petition for Review filed | Joint motion for extension of time to file petition for review filed on behalf of Peter C. Browning ET AL. (1 extra copy, no sase) | |
Calendars
| Set Date | Calendar Type | Reason Set | Remarks |
|---|---|---|---|
| 07/22/2005 | Case Stored | Case stored. | G02/EX-E-1,2,3,4, & 5 (9 folders & 15 boxes) |
Parties
| Party | PartyType | Representative |
|---|---|---|
| Hartley, Cynthia | Petitioner | The Honorable Bob E. Shannon Mr. Joe R. Greenhill Mr. Bryant C. Boren Jr. |
| NATIONAL GYPSUM COMPANY | Petitioner | Mr. Kirk Dailey Dreyer Ms. Dawn Ryan Budner Ms. Sherri Turner Alexander Ms. Maria Katina Karos Mr. Bruce W. Akerly Ms. Rebecca Ann Hicks Mr. Boe W. Martin |
| TCW ASSET MANAGEMENT COMPANY | Other interested party | Mr. Basheer Youssef Ghorayeb Mr. Russell J. DePalma Susanna J. Gray Mr. Michael P. Lynn |
| PORTER, EDWARD A. | Petitioner | Ms. Samara L. Kline |
| TCW GROUP INC. | Other interested party | Mr. Michael P. Lynn |
| TRUST COMPANY OF THE WEST | Other interested party | Mr. Michael P. Lynn |
| KASRIEL, BERNARD | Petitioner | Ms. Samara L. Kline |
| PROSTOK, JEFF P. | Respondent | Mr. James R. Moriarty Mr. Craig Howard Averch Mr. Patrick J. Neligan Jr. Mr. Stephen M. Hackerman Mr. William Powers Jr. Mr. Richard Frankel Mr. J. Robert Arnett II Mr. Roger D. Townsend Ms. Jennifer Ruth Josephson Mr. P. Kevin Leyendecker |
| FIELD, JACKIE (JR.) | Respondent | Mr. Roger D. Townsend |
| MARAIA, AUTINO | Petitioner | Ms. Samara L. Kline |
| FIDELITY MANAGEMENT & RESEARCH COMPANY | Other interested party | Mr. Jeffrey C. Kubin Mr. Jeffry Joe Cotner Ms. Kathy D. Patrick Mr. Andrew L. Pickens |
| WATER STREET CORPORATION RECOVERY FUND I, L.P. | Other interested party | Mr. Michael Lawrence Raiff Mr. William Sims Jr. |
| EARNEST, ALFRED | Respondent | Mr. Roger D. Townsend |
| Houlihan Lokey Howard & Zukin Capital | Other interested party | Mr. Marvin S. Sloman Mr. James A. Ellis Jr. Mr. John Dellaportas Mr. Barry Sher Mr. Stephen A. Goodwin Mr. Sheldon Raab |
| BROWNING, PETER C. | Petitioner | Ms. Samara L. Kline |
| TCW SPECIAL CREDITS | Other interested party | Mr. Michael P. Lynn |
| NGC ASBESTOS DISEASE AND PROPERTY DAMAGE TRUST | Other interested party | Mr. Thomas M. Fulkerson |
| DONALDSON, LUFKIN & JENRETTE SECURITES CORP. | Other interested party | Ms. Ellen Bush Sessions Mr. Charles R. Acker |
| CARROLL, GERARD P. | Petitioner | Ms. Samara L. Kline |
Court of Appeals Information:
05-99-00826-CV
Rev'd & Rendered/Rem'd
112 SW3d 876, 08-11-03
5th Court of Appeals
Honorable James A. Moseley
Trial Court Information
160th District Court
Dallas
Honorable David Godbey
95-10670-H