Supreme Court

Case: 19-1022    
19-1022
11/15/2019
Mandamus/Cause
IN RE K & L AUTO CRUSHERS, LLC AND THOMAS GOTHARD, JR. 
 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
06/29/2021Motion for RehearingReal Party of Interest's Motion for Rehearing of Cause filedMotion for Rehearing filed on behalf of Kevin Walker, et al.
02/10/2021Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of Texans for Lawsuit Reform, the American Tort Reform Association, and the Chamber of Commerce of the United States of America submitted by Scott K. Filed of Butler Snow LLP of Austin, Texas.
01/29/2021Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of Research and Planning Consultants, L.P. received from P.M. Schenkkan and Matthew B. Baumgartner.
12/30/2020Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of the Texas Trial Lawyers Association submitted by Jim M. Perdue, Jr. of the Texas Trial Lawyers Association in Austin, Texas.
12/30/2020Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of Advanced Diagnostics Health System, LLC submitted by Ellen Miers Peeples of Daniels & Tredennick of Houston, Texas.
12/27/2020Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of the Texas Medical Association and Texas Hospital Association submitted by Donald P. Wilcox of Texas Medical Association of Austin, Texas.
12/23/2020Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of the Texas Orthopaedic Association submitted by Andrea Schwab of the Law Office of Andrea I. Schwab, PLLC in Austin, Texas.
12/23/2020Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of American Property Casualty Insurance Association, et al. submitted by Melissa A. Lorber of Enoch Kever PLLC in Austin, Texas.
12/14/2020Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of Tri-City Pain Associates received from Adriaan Jansse.
12/09/2020Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of Texas Civil Justice League received from George S. Christian.
08/10/2020Reply BriefRelatorReply Brief on the Merits filed on behalf of K&L Auto Crushers, LLC, et al.
07/24/2020Brief on the MeritsReal Parties in Interest Real Party in Interest's Brief on the Merits filed on behalf of Saint Camillus Medical Center, et al.
06/22/2020Brief on the MeritsReal Parties in Interest Real Party in Intereset's Brief on the Merits filed on behalf of Kevin Walker, et al.
06/03/2020Brief on the MeritsRelatorRelator's Brief on the Merits filed on behalf of K&L Auto Crushers, LLC, et al.
03/24/2020Reply to ResponseRelatorRelators' Joint Reply to Responses to Petition for Writ of Mandamus filed on behalf of K&L Auto Crusher, LLC, et al.
03/11/2020Response to Petition for Writ of Mandamus FiledReal Parties in Interest Response to Petition for Writ of Mandamus filed on behalf of Saint Camillus Medical Center, et al.
02/10/2020Response to PetitionRespondentResponse to Petition for Writ of Mandamus filed on behalf of Kevin Walker, et al.
12/05/2019Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of Texas Association of Defense Counsel submitted by Henry J. Paoli of Scott Hulse, P.C. of El Paso, Texas.
11/15/2019Petition for Writ of Mandamus filedRelatorPetition for Writ of Mandamus filed on behalf of K&L Auto Crusher, LLC, et al.
Case Events
DateEvent TypeDispositionRemarksDocument
06/30/2021Motion for Extension of Time to File Motion for Rehearing disposedFiling grantedSecond Motion for Extension of Time to file Motion for Rehearing granted. No further extensions of time will be considered. Motion for Rehearing is due no later than July 14, 2021.
06/29/2021Motion for Extension of Time to File Motion for Rehearing Second Motion for Extension of Time to file Motion for Rehearing filed on behalf of Saint Camillus Medical Center, et al.
06/29/2021Case forwarded to Court  
06/29/2021Motion for Rehearing Motion for Rehearing filed on behalf of Kevin Walker, et al.
06/29/2021Call received Call received regarding case.
06/15/2021Motion for Extension of Time to File Motion for Rehearing disposedFiling grantedMotion for Extension of Time to file Motion for Rehearing granted. Motion for Rehearing due June 29, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/14/2021Motion for Extension of Time to File Motion for Rehearing Motion for Extension of Time to file Motion for Rehearing filed on behalf of Saint Camillus Medical Center, et al.
06/11/2021Motion for Extension of Time to File Motion for Rehearing disposedFiling grantedMotion for Extension of Time to file Motion for Rehearing granted. Motion for Rehearing due June 29, 2021. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/10/2021Motion for Extension of Time to File Motion for Rehearing Motion for Extension of Time to file Motion for Rehearing filed on behalf of Kevin Walker, et al.
05/28/2021Concurring Opinion issued.IssuedJustice Huddle delivered a concurring opinion, in which Justice Bland joined, and Justice Guzman joined as to parts II(A) and III.
05/28/2021Opinion issuedWrit of Mandamus conditionally grantedThe Court conditionally grants the writ of mandamus. Justice Boyd delivered the opinion of the Court, in which Chief Justice Hecht, Justice Guzman, Justice Lehrmann, Justice Devine, Justice Blacklock, and Justice Busby joined.
(5/28/2021 9:41:23 AM) 191022c.pdf, 191022.pdf
05/28/2021Stay Order lifted Stay order issued April 3, 2020 is lifted.
02/10/2021Amicus Curiae Brief received Amicus Curiae Brief of Texans for Lawsuit Reform, the American Tort Reform Association, and the Chamber of Commerce of the United States of America submitted by Scott K. Filed of Butler Snow LLP of Austin, Texas.
01/29/2021Amicus Curiae Brief received Amicus Curiae Brief of Research and Planning Consultants, L.P. received from P.M. Schenkkan and Matthew B. Baumgartner.
01/05/2021Oral argument  Argued on behalf of Relators by Wade C. Crosnoe; Argued on behalf of Real Parties in Interest, Saint Camillus Medical Center, et al., by Morgan McPheeters; Argued on behalf of Real Parties in Interest, Kevin Walker, et al., by Rosalyn Tippett
12/31/2020Letter Filed Letter regarding additional authority filed on behalf of K&L Auto Crushers, LLC, et al.
12/30/2020Amicus Curiae Brief received Amicus Curiae Brief of the Texas Trial Lawyers Association submitted by Jim M. Perdue, Jr. of the Texas Trial Lawyers Association in Austin, Texas.
12/30/2020Amicus Curiae Brief received Amicus Curiae Brief of Advanced Diagnostics Health System, LLC submitted by Ellen Miers Peeples of Daniels & Tredennick of Houston, Texas.
12/30/2020Submission Schedule  
12/27/2020Amicus Curiae Brief received Amicus Curiae Brief of the Texas Medical Association and Texas Hospital Association submitted by Donald P. Wilcox of Texas Medical Association of Austin, Texas.
12/23/2020Amicus Curiae Brief received Amicus Curiae Brief of the Texas Orthopaedic Association submitted by Andrea Schwab of the Law Office of Andrea I. Schwab, PLLC in Austin, Texas.
12/23/2020Amicus Curiae Brief received Amicus Curiae Brief of American Property Casualty Insurance Association, et al. submitted by Melissa A. Lorber of Enoch Kever PLLC in Austin, Texas.
12/14/2020Amicus Curiae Brief received Amicus Curiae Brief of Tri-City Pain Associates received from Adriaan Jansse.
12/09/2020Oral Argument Submission Form from Attorney received Oral Argument Submission Form submitted on behalf of Real Party in Interest, Saint Camillus Medical Center, et al. Oral Argument will be presented by Morgan McPheeters and Rosalyn Tippett of McPheeters Law PLLC of Dallas, Texas.
12/09/2020Amicus Curiae Brief received Amicus Curiae Brief of Texas Civil Justice League received from George S. Christian.
12/09/2020Letter 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, January 5, 2021. 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.  If parties have not submitted an oral argument submission form at this time, please get it in no later than 9 a.m., December 11, 2020."
(12/9/2020 2:42:30 PM) Zoom Oral Arguments Guide for Lawyers.pdf
12/04/2020Oral Argument Submission Form from Attorney received Oral Argument Submission Form submitted on behalf of Real Party in Interest, Saint Camillus Medical Center, et al. Oral Argument will be presented by Rosalyn Tippett of Tippett Law Office of Flower Mound, Texas and Morgan McPheeters of McPheeters Law PLLC of Dallas, Texas.
11/11/2020Oral Argument Submission Form from Attorney received Oral Argument Submission Form submitted on behalf of Relators, K&L Auto Crushers, LLC, et al. Oral Argument will be presented by Wade C. Crosnoe of Thompson, Coe, Cousins & Irons,  L.L.P. of Austin, Texas.
10/02/2020Case set for oral argumentCase set for oral argumentThis case has been set for oral argument at 9:00 a.m., January 5, 2021. Time allotted to argue: 20/20 minutes
10/02/2020Mandamus Set to Argue  
10/02/2020Petition for Writ of Mandamus disposedCase set for oral argument 
08/10/2020Reply Brief Reply Brief on the Merits filed on behalf of K&L Auto Crushers, LLC, et al.
07/27/2020Motion for Extension of Time disposed.Filing grantedSecond Unopposed Motion for Extension of Time to file Real Party in Interest's Brief on the Merits granted. Real Party in Interest's brief is due no later than July 24, 2020; and Reply brief is due August 10, 2020.
07/24/2020Brief on the Merits Real Party in Interest's Brief on the Merits filed on behalf of Saint Camillus Medical Center, et al.
07/24/2020Motion for Extension of Time to File Brief filed Unopposed Second Motion for Extension of Time to file Real Party in Interest's Brief on the Merits filed on behalf of Saint Camillus Medical Center, et al.
06/26/2020Motion for Extension of Time disposed.Filing grantedUnopposed First Motion for Extension of Time to file Response Brief on the Merits granted. Response Brief due July 23, 2020. Further requests for extensions of time for this filing will be disfavored. Reply brief due August 7, 2020.
06/23/2020Motion for Extension of Time filed Unopposed First Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Saint Camillus Medical Center, Andrew Indresano, M.D., and Pine Creek Medical Center.
06/22/2020Brief on the Merits Real Party in Intereset's Brief on the Merits filed on behalf of Kevin Walker, et al.
06/16/2020Notice from attorney regarding vacation dates Vacation Notice filed on behalf of Rosalyn R. Tippett, counsel for Real Parties in Interest Kevin Walker, et al.
06/03/2020Brief on the Merits Relator's Brief on the Merits filed on behalf of K&L Auto Crushers, LLC, et al.
04/23/2020Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Relator's Brief on the Merits is granted. Relator's Brief on the Merits is due June 3, 2020. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Real Party in Interest's Brief on the Merits is due June 23, 2020. Reply Brief is due July 8, 2020.
04/23/2020Motion for Extension of Time to File Brief filed Unopposed Motion for Extension of Time to file Relator's Brief on the Merits filed on behalf of K&L Auto Crushers, LLC, et al.
04/03/2020Brief on the Merits Requested Brief on the merits requested:  Relator's brief due no later than May 4, 2020; Response brief due May 26, 2020; Reply brief due June 10, 2020.
04/03/2020Stay Order issued  
04/03/2020Motion to Stay DisposedFiling grantedRelators' Unopposed Motion for Temporary Relief granted
03/24/2020Motion to Stay Filed  Unopposed Motion for Temporary Relief filed on behalf of K&L Auto Crusher, LLC, et al.
03/24/2020Reply to Response Relators' Joint Reply to Responses to Petition for Writ of Mandamus filed on behalf of K&L Auto Crusher, LLC, et al.
03/11/2020Response to Petition for Writ of Mandamus Filed Response to Petition for Writ of Mandamus filed on behalf of Saint Camillus Medical Center, et al.
03/03/2020Motion to withdraw disposed ofFiling grantedMotion to Withdraw Durham, Pittard & Spalding as counsel  for Saint Camillus Medical Center, et al. granted.
02/28/2020Motion to Withdraw Filed Motion to Withdraw filed on behalf of Saint Camillus Medical Center, et al.
02/25/2020Letter Received Letter Received from Relators K&L Auto Crushers, LLC, et al.
02/11/2020Motion for Extension of Time to File Response disposedFiling grantedMotion for Extension of Time to file Response to Petition for Writ of Mandamus granted. Further requests for extensions of time will be disfavored. Response is due no later than March 11, 2020.
02/10/2020Motion for Extension of Time to File Response Motion for Extension of Time to file Response to Petition for Writ of Mandamus filed on behalf of Saint Camillus Medical Center, et al.
02/10/2020Response to Petition Response to Petition for Writ of Mandamus filed on behalf of Kevin Walker, et al.
01/10/2020Supreme Court of Texas Requested Response Requested response to petition for writ of mandamus due no later than February 10, 2020.
12/05/2019Amicus Curiae Brief received Amicus Curiae Brief of Texas Association of Defense Counsel submitted by Henry J. Paoli of Scott Hulse, P.C. of El Paso, Texas.
12/03/2019Notice from attorney regarding vacation dates Vacation Notice filed on behalf of Rosalyn R. Tippett, counsel for Real Parties in Interest, Kevin Walker, et al.
12/03/2019Response Waiver filed Response Waiver filed on behalf of Kevin Walker, et al.
11/26/2019Case forwarded to Court  
11/20/2019Supplement to Clerk's/Reporter's Record Supplement to Mandamus Record filed on behalf of K&L Auto Crusher, LLC, et al.
11/19/2019Call received Call received from counsel for real party in interest to update attorney's address.
11/18/2019Response Waiver filed Response Waiver filed on behalf of Saint Camillus Medical Center, et al.
11/18/2019Case Record Filed  Mandamus Record filed on behalf of K&L Auto Crusher, LLC, et al.
11/18/2019Court reporter/recorder's record  
11/15/2019Petition for Writ of Mandamus filed Petition for Writ of Mandamus filed on behalf of K&L Auto Crusher, LLC, et al.
Calendars
Set DateCalendar TypeReason SetRemarks
06/29/2021Work-Up by Staff / Review by JusticesMotion for RehearingKevin Walker, et al.
07/14/2021StatusMotion for rehearing due to be filed. No further extensions of time will be considered
Parties
PartyPartyTypeRepresentative
Kevin Walker and Latunija JohnsonReal Party in Interest Mr. J. Martin Futrell
Ms. Amy Witherite
Ms. Rosalyn Renee Tippett
Tri-City Pain Associates, P.A.Amicus CuriaeAdriaan Tieleman Jansse
Research and Planning Consultants, L.P.Amicus CuriaeMr. Matthew B. Baumgartner
Mr. P. M. Schenkkan
K&L Auto Crushers, LLC and Thomas Gothard, Jr.RelatorMs. Elizabeth Lee Thompson
Mr. William H. Chamblee
Mr. Wade C. Crosnoe
Mr. Weston Hall
Texans for Lawsuit ReformAmicus CuriaeMs. Amanda Garrett Taylor
The Honorable Scott K. Field
Saint Camillus Medical Center, Dr. Andrew Indresano, and Pine Creek Medical CenterReal Party in Interest Mr. Christopher M. McDowell
Ms. Morgan A. McPheeters
Texas Medical AssociationAmicus CuriaeMr. Donald P. Wilcox
Ms. Kelly M. Walla
Ms. Laura Thetford
Texas Civil Justice LeagueAmicus CuriaeMr. George Scott Christian
Advanced Diagnostics Health System, LLCAmicus CuriaeEllen Peeples
Ms. Jillian Schumacher
American Tort Reform AssociationAmicus CuriaeMs. Amanda Garrett Taylor
The Honorable Scott K. Field
State Farm Mutual Automobile Insurance CompanyAmicus CuriaeMs. Melissa A. Lorber
Ms. Sara B. Churchin
Texas Trial Lawyers AssociationAmicus CuriaeKelly Cook
Mr. Matthew J. Kita
Mr. Jim M. Perdue Jr.
Texas Orthopaedic AssociationAmicus CuriaeMs. Andrea Schwab  
Texas Hospital AssociationAmicus CuriaeMr. Cesar J. Lopez
Mr. Stephen Gregory Wohleb
American Property Casualty Insurance AssociationAmicus CuriaeMs. Melissa A. Lorber
Ms. Sara B. Churchin
Texas Association of Defense CounselAmicus CuriaeMr. Henry John Paoli
Chamber of Commerce of the United States of AmericaAmicus CuriaeThe Honorable Scott K. Field
Ms. Amanda Garrett Taylor
Court of Appeals Information:
Denied 
607 SW3d 358, 10-29-19 
5th Court of Appeals 
Honorable William Norman Pedersen 
Trial Court Information
160th District Court 
Dallas 
Honorable James R. Jordan 
DC-18-07502 
 
 

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