Supreme Court

Case: 19-0658    
19-0658
08/02/2019
Second Petition for Review/Cause under Rule 53.1
TEXAS DEPARTMENT OF TRANSPORTATION 
ALBERT LARA, JR. 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
11/29/2020Exhibits in case/cause filedRespondentOral Argument Exhibits filed on behalf of Albert Lara.
07/21/2020Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of Disability Rights Texas submitted by Brian East of Disability Rights Texas of Austin, Texas.
07/20/2020Brief on the MeritsEvent related to subsequent petition filed in case.Reply Brief on the Merits filed on behalf of Albert Lara.
07/20/2020Brief on the MeritsPetitionerReply Brief on the Merits filed on behalf of the Texas Department of Transportation.
07/03/2020Brief on the MeritsRespondentResponse Brief filed on behalf of the Texas Department of Transportation.
06/23/2020Brief on the MeritsRespondentRespondent's Brief on the Merits filed on behalf of Albert Lara, Jr.
06/03/2020Brief on the MeritsPetitionerPetitioner's Brief on the Merits filed on behalf of Albert Lara, Jr.
06/03/2020Brief on the MeritsPetitionerPetitioner's Brief on the Merits filed on behalf of Texas Department of Transportation.
03/06/2020Reply to ResponsePetitionerReply in Support of Petition for Review filed on behalf of Texas Department of Transportation.
02/20/2020Response to PetitionRespondentResponse to Petition for Review filed on behalf of Albert Lara, Jr.
11/12/2019Response to PetitionPetitionerResponse to Cross-Petition for Review filed on behalf of Texas Department of Transportation.
10/11/2019Petition for Review #2PetitionerCross-Petition for Review filed on behalf of Albert Lara.
10/11/2019Petition for ReviewPetitionerPetition for Review filed on behalf of Texas Department of Transportation.
Case Events
DateEvent TypeDispositionRemarksDocument
06/25/2021Court approved judgment sent to attorneys of recordIssued 
06/25/2021Opinion issuedIssued 
06/25/2021Opinion issuedCourt of Appeals' judgment affirmed in part and remands to the court of appealsThe Court affirms the court of appeals' judgment in part and remands the case to that court. Chief Justice Hecht delivered the opinion of the Court.
12/01/2020Oral argument  Argued on behalf of Petitioner/Cross-Respondent by Beth Klusmann; Argued on behalf of Respondent/Cross-Petitioner by Tyler Talbert
12/01/2020Oral argument  Argued on behalf of Petitioner/Cross-Respondent by Beth Klusmann; Argued on behalf of Respondent/Cross-Petitioner by Tyler Talbert
11/29/2020Exhibits in case/cause filed Oral Argument Exhibits filed on behalf of Albert Lara.
11/16/2020Submission Schedule  
11/16/2020Letter sent to parties from Supreme Court - See Remarks Letter sent to parties stating, "The Supreme Court of Texas set the above-referenced cause for oral submission for Tuesday, December 1, 2020. Oral argument will be held via Zoom. Attached is a guide for attorneys participating in oral arguments via Zoom. The Clerk of the Court will contact you with further instructions."
(11/16/2020 1:10:50 PM) Zoom Oral Arguments Guide for Lawyers.pdf
10/23/2020Electronic communication sent to Party Email sent to counsel for Albert Lara.
10/23/2020Oral Argument Submission Form from Attorney received Oral Argument Submission Form filed on behalf of Albert Lara. Oral Argument will be presented by Tyler Talbert of Scanes & Routh, LLP in Waco, Texas.
10/19/2020Oral Argument Submission Form from Attorney received Oral Argument Submission Form filed on behalf of Texas Department of Transportation. Oral Argument will be presented by Beth Klusmann of the Office of the Attorney General, Solicitor General Division.
08/28/2020Case set for oral argumentCase set for oral argumentThis case has been set for oral argument at 9:00 a.m., December 1, 2020. Time allotted to argue: 20/20 minutes
08/28/2020Petition for Review disposedFiling granted 
08/28/2020Petition for Review granted  
08/28/2020Case set for oral argumentCase set for oral argumentThis case has been set for oral argument at 9:00 a.m., December 1, 2020. Time allotted to argue: 20/20 minutes
08/28/2020Petition for Review disposedFiling granted 
08/28/2020Petition for Review granted  
07/21/2020Amicus Curiae Brief received Amicus Curiae Brief of Disability Rights Texas submitted by Brian East of Disability Rights Texas of Austin, Texas.
07/20/2020Brief on the Merits Reply Brief on the Merits filed on behalf of Albert Lara.
07/20/2020Brief on the Merits Reply Brief on the Merits filed on behalf of the Texas Department of Transportation.
07/03/2020Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Reply Brief on the Merits granted. Reply Brief due July 20, 2020.
07/03/2020Phone call from Clerk's Office Call made to counsel for Texas Department of Transportation regarding briefing deadlines.
07/03/2020Motion for Extension of Time to File Brief filed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of the Texas Department of Transportation.
07/03/2020Brief on the Merits Response Brief filed on behalf of the Texas Department of Transportation.
06/24/2020Motion for Extension of Time disposed.Filing grantedUnopposed Motion for Extension of Time to file Cross-Respondent's Brief on the Merits granted. Further requests for extensions of time will be disfavored. Respondent's brief is due no later than July 3, 2020; and Reply brief is due July 20, 2020.
06/23/2020Brief on the Merits Respondent's Brief on the Merits filed on behalf of Albert Lara, Jr.
06/23/2020Motion for Extension of Time to File Brief filed Unopposed Motion for Extension of Time to file Cross-Respondent's Brief on the Merits filed on behalf of Texas Department of Transporation.
06/03/2020Brief on the Merits Petitioner's Brief on the Merits filed on behalf of Albert Lara, Jr.
06/03/2020Brief on the Merits Petitioner's Brief on the Merits filed on behalf of Texas Department of Transportation.
04/30/2020Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioners' Briefs on the Merits are due June 3, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Briefs on the Merits are due June 23, 2020. Reply Briefs are due July 8, 2020.
04/30/2020Motion for Extension of Time to File Brief filed Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Albert Lara, Jr.
04/24/2020Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Petitioner's Brief on the Merits is granted. Petitioners' Briefs on the Merits are due June 3, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response Briefs on the Merits are due June 23, 2020. Reply Briefs are due July 8, 2020.
04/24/2020Motion for Extension of Time to File Brief filed Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of Texas Department of Transportation.
04/03/2020Brief on the Merits Requested Brief on the merits requested:  Petitioner's brief due no later than May 4, 2020; Response brief due May 26, 2020; Reply brief due June 10, 2020.
03/06/2020Reply to Response Reply in Support of Petition for Review filed on behalf of Texas Department of Transportation.
02/20/2020Response to Petition Response to Petition for Review filed on behalf of Albert Lara, Jr.
01/17/2020Motion for Extension of Time to File Response disposedFiling grantedMotion for Extension of Time to file Requested Response granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due February 20, 2020.
01/16/2020Motion for Extension of Time to File Response Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Albert Lara, Jr.
12/20/2019Supreme Court of Texas Requested Response Requested responses to petitions for review due no later than January 21, 2020.
11/19/2019Case forwarded to Court  
11/19/2019Case forwarded to Court  
11/12/2019Response to Petition Response to Cross-Petition for Review filed on behalf of Texas Department of Transportation.
10/28/2019Response Waiver filed Response Waiver filed on behalf of Albert Lara.
10/11/2019Petition for Review #2 Cross-Petition for Review filed on behalf of Albert Lara.
10/11/2019Petition for Review Petition for Review filed on behalf of Texas Department of Transportation.
09/09/2019Second Motion for Extension of Time to File Petition for Review disposedFiling grantedSecond Motion for Extension of Time to file Petition for Review on behalf of Albert Lara granted. Petition for Review due October 11, 2019. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
09/09/2019Second 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 Albert Lara.
09/04/2019Second Motion for Extension of Time to File Petition for Review disposedFiling grantedSecond Motion for Extension of Time to file Petition for Review has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition for Review is due on October 11, 2019.
09/04/2019Second 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 Texas Department of Transportation.
08/05/2019Motion for Extension of Time to File Petition for Review disposedFiling grantedUnopposed Motion for Extension of Time to file Petition for Review granted.  Petition for Review is due no later than September 11, 2019.
08/05/2019Motion for Extension of Time to File Petition for Review #2 filed Unopposed Motion for Extension of Time to file Cross Petition for Review filed on behalf of Albert Lara.
08/02/2019Motion for Extension of Time to File Petition for Review disposedFiling grantedMotion for Extension of Time to file Petition for Review filed on behalf of Texas Department of Transportation is granted. Petition for Review is due September 11, 2019.
08/02/2019Clerk's Record  
08/02/2019Supplement to Clerk's/Reporter's Record  
08/01/2019Motion 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 Texas Department of Transportation.
Calendars
Set DateCalendar TypeReason SetRemarks
07/12/2021StatusMotion for rehearing due to be filed.  
Parties
PartyPartyTypeRepresentative
Lara, Junior, Albert RespondentMr. Joel Scott Shields
Mr. Tyler B. Talbert
Disability Rights TexasAmicus CuriaeMs. Lia S. Davis
Mr. Brian East
Texas Department of TransportationPetitionerMr. Kyle D. Hawkins
Ms. Amy Kovar Owens
Ms. Beth E. Klusmann
Mr. Jeffrey C. Mateer
The Honorable Warren Kenneth Paxton
Mr. Ryan Lee Bangert
Court of Appeals Information:
Aff/Pt and Rev/Pt 
577 SW3d 641, 05-09-19 
3rd Court of Appeals 
Honorable Edward Stuart Smith 
Trial Court Information
345th District Court 
Travis 
Honorable Jan Soifer 
D-1-GN-16-005836 
 
 

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