Supreme Court

Case: 14-0302    
14-0302
04/21/2014
Petition for Review/Cause under Rule 53.1
CHESAPEAKE EXPLORATION, L.L.C. AND CHESAPEAKE OPERATING, INC. 
MARTHA ROWAN HYDER, INDIVIDUALLY, AND AS INDEPENDENT EXECUTRIX AND TRUSTEE UNDER THE WILL OF ELTON M. HYDER, JR., DECEASED, AND AS TRUSTEE UNDER THE ELTON M. HYDER JR. RESIDUARY TRUST, AND AS TRUSTEE OF THE ELTON M. HYDER JR. MARITAL TRUST; BRENT ROWAN HY 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
11/24/2015Reply to Response to Motion for Rehearing filedPetitionerReply in Support of Motion for Rehearing, filed on behalf of Chesapeake Exploration, L.L.C., et al.
11/13/2015Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief filed on behalf of the City of Fort Worth, et al.
11/10/2015Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief filed on behalf of Texas Land and Mineral Owners Association and National Association of Royalty Owners-Texas, Inc.
11/06/2015Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief filed on behalf of Chesapeake Barnett Shale Royalty Owners.
11/04/2015Response to Motion for RehearingRespondentResponse to Motion for Rehearing, filed on behalf of Martha Rowan Hyder, et al.
10/20/2015Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief filed on behalf of Texas Independent Producers & Royalty Owners.
08/26/2015Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief filed on behalf of SandRidge Exploration and Production, LLC.
08/07/2015Amicus Curiae Brief receivedReceived (instead of filed)Brief of Amicus Curiae Texas Oil & Gas Association. Submitted by Attorney Ernest Smith.
08/05/2015Amicus Curiae Brief receivedReceived (instead of filed)Brief of Amici Curiae BP America Production Co., Devon Energy Production Co., L.P., EOG Resources, Inc., EXCO Resources, Inc., Shell Western E&P, Inc., Trinity River Energy, LLC, Unit Corp., and XTO Energy Inc., in support of Motion for Rehearing.
08/05/2015Motion for RehearingPetitioner's motion for rehearing of cause filedMotion for Rehearing filed on behalf of Chesapeake Exploration LLC.
06/09/2015Amicus Curiae Brief receivedAmicus Curiae Amicus Curiae Brief filed on behalf of General Land Office of the State of Texas, Longfellow Ranch, LP, and Wesley West Minerals, Ltd; presented by Kevin Slavin of Kempo Smith LLP from El Paso, Texas.
04/20/2015Post submission brief filedRespondentResponse to Petitioner's Post Submission Brief filed on behalf of Martha Rowan Hyder, et al.
04/14/2015Post submission brief filedPetitionerPost-Submission Letter filed on behalf of Petitioners Chesapeake Exploration, L.L.C. and Chesapeake Operating, Inc.
03/23/2015Exhibits in case/cause filedPetitionerPetitioners' Oral Argument Handout filed on behalf of Chesapeake Exploration LLC, et al.
03/23/2015Exhibits in case/cause filedRespondentRespondents' Oral Argument Exhibits filed on behalf of Martha Rowan Hyder, et al.
12/05/2014Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief of Texas Land and Mineral Owners Association and The National Association of Royalty Owners-Texas, Inc. Submitted by John B. McFarland of Graves Dougherty Hearon & Moody PC of Austin, Texas.
11/25/2014Reply BriefPetitionerReply Brief on the Merits filed on behalf of Chesapeake Exploration, L.L.C., et al.
11/11/2014Brief on the MeritsRespondentRespondent's Brief on the Merits filed on behalf of Martha Rown Hyder.
10/22/2014Brief on the MeritsPetitionerPetitioner's Brief on the Merits filed on behalf of Chesapeake Exploration, L.L.C., et al.
08/07/2014Letter brief RespondentLetter brief in response to petitions supplemental letter brief filed on behalf of respondent, MARTHA ROWAN HYDER, et al.
08/07/2014Supplemental Letter BriefPetitionerLetter containing recent opinion from the Fifth Circuit Court of Appeals filed on behalf of Chesapeake Exploration, L.L.C., et al.
07/25/2014Reply to ResponsePetitionerReply in support of Petition for Review filed on behalf of Chesapeake Exploration LLC, et al.
07/14/2014Response to PetitionRespondentResponse to Petition for Review filed on behalf of Martha Rowan Hyder.
06/10/2014Amicus Curiae Brief receivedReceived (instead of filed)Brief of Amicus Curiae Texas Oil & Gas Association in support of Petition for Review. Submitted by Michael A. Heidler & Marie R. Yeates of Vinson Elkins LLP of Houston, Texas.
04/21/2014Petition for ReviewPetitionerPetition for Review filed on behalf of Chesapeake Exploration, L.L.C. and Chesapeake Operating, Inc
Case Events
DateEvent TypeDispositionRemarksDocument
01/29/2016Mandate issued Mandate & Cost Bill Issued
01/29/2016Dissenting opinion issued.IssuedJustice Brown delivered a dissenting opinion, in which Justice Willett, Justice Guzman, and Justice Lehrmann joined.
01/29/2016Opinion issuedCourt of appeals' judgment affirmedChief Justice Hecht delivered the opinion of the Court, in which Justice Green, Justice Johnson, Justice Boyd, and Justice Devine joined.  The judgment issued June 12, 2015 remains in place.
(1/29/2016 2:35:55 PM) 140302rh.pdf, 140302d_rh.pdf
01/29/2016Previous opinion withdrawn The dissenting opinion, issued June 12, 2015, delivered by Justice Brown is withdrawn and the opinion issued this date is substituted.
01/29/2016Previous opinion withdrawn The Court's opinion issued June 12, 2015, delivered by Chief Justice Hecht, is withdrawn and the opinion issued this date is substituted.
01/29/2016Motion for Rehearing - DisposedDenied 
01/22/2016Call received Call received from Hankinson LLP regarding status of motion for rehearing
11/24/2015Reply to Response to Motion for Rehearing filed Reply in Support of Motion for Rehearing, filed on behalf of Chesapeake Exploration, L.L.C., et al.
11/13/2015Amicus Curiae Brief received Amicus Curiae Brief filed on behalf of the City of Fort Worth, et al.
11/13/2015Call received Call recieved from Ms. Cavner, counsel for Petitioners, informing the court that she no longer intends to file a letter addressing the issues in the response to the motion.
11/12/2015MET to file reply disposed ofFiling grantedMotion for Extension of Time to file Reply in Support of Motion for Rehearing is Granted. Further requests for extensions of time will be disfavored. Reply is due November 25, 2015.
11/12/2015Call received Call received from Ms. Cavner, counsel for Petitioners, informing the court that she will be filing a letter addressing issues in the response to motion for rehearing.
11/12/2015Response to Motion filed Response to Motion for Extension of Time to file Reply in Support of Motion for Rehearing, filed on behalf of Martha Rowan Hyder, et al.
11/11/2015Motion to Extend Time to File Reply filed Opposed Motion for Extension of Time to file Reply in Support of Motion for Rehearing filed on behalf of Chesapeake Exploration, L.L.C., et al.
11/10/2015Amicus Curiae Brief received Amicus Curiae Brief filed on behalf of Texas Land and Mineral Owners Association and National Association of Royalty Owners-Texas, Inc.
11/06/2015Amicus Curiae Brief received Amicus Curiae Brief filed on behalf of Chesapeake Barnett Shale Royalty Owners.
11/04/2015Response to Motion for Rehearing Response to Motion for Rehearing, filed on behalf of Martha Rowan Hyder, et al.
10/20/2015Amicus Curiae Brief received Amicus Curiae Brief filed on behalf of Texas Independent Producers & Royalty Owners.
10/01/2015Motion for Extension of Time to File Response disposedFiling grantedUnopposed Motion for Extension of Time to file Response to Motion for Rehearing, filed on behalf of Martha Rowan Hyder, et al. has been granted. Response to Motion for Rehearing is due November 4, 2015. Further requests for extensions of time for this filing will be disfavored.
10/01/2015Motion for Extension of Time to File Response Unopposed Motion for Extension of Time to file Response to Motion for Rehearing, filed on behalf of Martha Rowan Hyder, et al.
09/28/2015Supreme Court of Texas Requested Response Requested response to motion for rehearing due no later than October 13, 2015.
09/11/2015Letter Filed Letter filed on behalf of SandRidge Exploration & Production LLC.
08/26/2015Amicus Curiae Brief received Amicus Curiae Brief filed on behalf of SandRidge Exploration and Production, LLC.
08/10/2015Pro hac vice motion disposedFiling grantedMarie Yeates' Motion in Support of Motion to Participate Pro Hac Vice is granted.
08/10/2015Pro hac vice motion disposedFiling grantedMotion of Non-Resident Attorney Patrick H. Martin for Leave to Participate Pro Hac Vice is granted.
08/07/2015Pro hac vice motion filed Unopposed Motion in Support of Motion to Participate Pro Hac Vice submitted by Marie Yeates.  Filed on behalf of Amicus Texas Oil & Gas Association.
08/07/2015Pro hac vice motion filed Unopposed Motion of Non-Resident Attorney Patrick H. Martin for Leave to Participate Pro Hac Vice.  Filed on behalf of Amicus Texas Oil and Gas Association.
08/07/2015Amicus Curiae Brief received Brief of Amicus Curiae Texas Oil & Gas Association. Submitted by Attorney Ernest Smith.
08/05/2015Amicus Curiae Brief received Brief of Amici Curiae BP America Production Co., Devon Energy Production Co., L.P., EOG Resources, Inc., EXCO Resources, Inc., Shell Western E&P, Inc., Trinity River Energy, LLC, Unit Corp., and XTO Energy Inc., in support of Motion for Rehearing.
08/05/2015Notice of Appearance Notice of Appearance of additional counsel or record.  Deborah G. Hankinson and Rebecca Adams Cavner have been retained as additional counsel for petitioners Chesapeake Exploration, L.L.C. and Chesapeake Operating, Inc.
08/05/2015Motion for Rehearing Motion for Rehearing filed on behalf of Chesapeake Exploration LLC.
07/14/2015Motion for Extension of Time to File Motion for Rehearing disposedFiling grantedMotion for Extension of Time is granted.  Motion for Rehearing is due August 5, 2015.  Further requests for extensions of time for this filing will not be considered.
07/14/2015Motion for Extension of Time to File Motion for Rehearing Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Chesapeake Exploration LLC.
06/17/2015Motion for Extension of Time to File Motion for Rehearing disposedFiling grantedUnopposed First Motion for Extension of Time to file Motion for Rehearing filed on behalf of Chesapeake Exploration, L.L.C. and Chesapeake Operating, Inc. is Granted; Motion for Rehearing due July 20, 2015. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED.
06/17/2015Motion for Extension of Time to File Motion for Rehearing Unopposed First Motion for Extension of Time to file Motion for Rehearing filed on behalf of Chesapeake Exploration, L.L.C. and Chesapeake Operating, Inc.
06/12/2015Court approved judgment sent to attorneys of recordIssued 
06/12/2015Dissenting opinion issued.IssuedJustice Brown delivered a dissenting opinion, in which Justice Willett, Justice Guzman, and Justice Lehrmann joined.
06/12/2015Opinion issuedCourt of Appeals' judgment affirmedThe Court affirms the court of appeals' judgment.  Chief Justice Hecht delivered the opinion of the Court, in which Justice Green, Justice Johnson, Justice Boyd, and Justice Devine joined.
(6/12/2015 4:38:08 PM) 140302d.pdf, 140302.pdf
06/09/2015Amicus Curiae Brief received Amicus Curiae Brief filed on behalf of General Land Office of the State of Texas, Longfellow Ranch, LP, and Wesley West Minerals, Ltd; presented by Kevin Slavin of Kempo Smith LLP from El Paso, Texas.
04/20/2015Post submission brief filed Response to Petitioner's Post Submission Brief filed on behalf of Martha Rowan Hyder, et al.
04/14/2015Post submission brief filed Post-Submission Letter filed on behalf of Petitioners Chesapeake Exploration, L.L.C. and Chesapeake Operating, Inc.
03/24/2015Oral argument  Argued on behalf of Petitioners by Matt Stayton; Argued on behalf of Respondent by David J. Drez, III
03/23/2015Exhibits in case/cause filed Petitioners' Oral Argument Handout filed on behalf of Chesapeake Exploration LLC, et al.
03/23/2015Exhibits in case/cause filed Respondents' Oral Argument Exhibits filed on behalf of Martha Rowan Hyder, et al.
02/24/2015Oral Argument Submission Form from Attorney received Oral Argument will be presented by: Matt Stayton, Kelly Hart & Hallman LLP; filed on behalf of Chesapeake Exploration, L.L.C., et al.
02/24/2015Oral Argument Submission Form from Attorney received Oral Argument Submission Form submitted on behalf of Respondent Martha Rowan Hyder, et al. Oral Argument will be presented by David J. Drez III of Wick, Phillips, Gould & Martin, LLP.
01/30/2015Case set for oral argumentCase set for oral argumentThis case has been set for oral argument at 9:00 a.m., March 24, 2015.  Time allotted to argue:  20/20 minutes.
01/30/2015Petition for Review disposedFiling granted 
01/30/2015Petition for Review granted  
12/05/2014Amicus Curiae Brief received Amicus Brief of Texas Land and Mineral Owners Association and The National Association of Royalty Owners-Texas, Inc. Submitted by John B. McFarland of Graves Dougherty Hearon & Moody PC of Austin, Texas.
11/25/2014Reply Brief Reply Brief on the Merits filed on behalf of Chesapeake Exploration, L.L.C., et al.
11/11/2014Brief on the Merits Respondent's Brief on the Merits filed on behalf of Martha Rown Hyder.
10/22/2014Brief on the Merits Petitioner's Brief on the Merits filed on behalf of Chesapeake Exploration, L.L.C., et al.
08/29/2014Motion for Extension of Time disposed.Filing grantedUnopposed Motion for Extension of Time to fiel Petitioner's Brief on the Merits filed on behalf of Chesapeake Exploration, L.L.C., et al. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's brief due October 22, 2014; Respondent's brief due November 11, 2014; Reply brief due November 26, 2014.
08/28/2014Motion for Extension of Time to File Brief filed Unopposed Motion for Extension of Time to fiel Petitioner's Brief on the Merits filed on behalf of Chesapeake Exploration, L.L.C., et al.
08/26/2014Case Record Filed  Electronic Appellate Record received.
08/25/2014Record Requested in Petition for Review Record requested from the 4th COA
08/22/2014Brief on the Merits Requested Brief on the merits requested:  Petitioner's brierf on the merits due no later than 9/22/14; Response brief due 10/13/14; Reply brief due 10/28/14.
08/07/2014Letter brief  Letter brief in response to petitions supplemental letter brief filed on behalf of respondent, MARTHA ROWAN HYDER, et al.
08/07/2014Supplemental Letter Brief Letter containing recent opinion from the Fifth Circuit Court of Appeals filed on behalf of Chesapeake Exploration, L.L.C., et al.
07/25/2014Reply to Response Reply in support of Petition for Review filed on behalf of Chesapeake Exploration LLC, et al.
07/14/2014Response to Petition Response to Petition for Review filed on behalf of Martha Rowan Hyder.
06/13/2014Supreme Court of Texas Requested Response Requested response to petition for review due no later than July 14, 2014.
06/10/2014Amicus Curiae Brief received Brief of Amicus Curiae Texas Oil & Gas Association in support of Petition for Review. Submitted by Michael A. Heidler & Marie R. Yeates of Vinson Elkins LLP of Houston, Texas.
05/13/2014Case forwarded to Court  
05/06/2014Response Waiver filed Waiver of Response filed on behalf of Martha Rowan Hyder, et al.
04/21/2014Petition for Review Petition for Review filed on behalf of Chesapeake Exploration, L.L.C. and Chesapeake Operating, Inc
Calendars
Set DateCalendar TypeReason SetRemarks
01/29/2016Case StoredCase stored.e-stored
Parties
PartyPartyTypeRepresentative
Trinity River Energy, LLCAmicus CuriaeMr. Aaron Starr Thesman
Texas Oil & Gas AssociationAmicus CuriaeMs. Marie R. Yeates
Mr. Ernest E. Smith III
Mr. Michael A. Heidler
Mr. Patrick H. Martin
Wesley West Minerals, LTD.Amicus CuriaeMr. Roger D. Townsend
Chesapeake Operating, Inc.PetitionerMr. Bart A. Rue
Mr. Joseph "Joe" R. Greenhill III
Ms. Deborah G. Hankinson
Mr. Matthew David Stayton
Ms. Rebecca Adams Cavner
City of Fort Worth, et al.Amicus CuriaeMr. Timothy D. Howell
SandRidge Exploration and Production, LLCAmicus CuriaeMr. Michael V. Powell
BP America Production CompanyAmicus CuriaeMr. Steven Allbee Smith
Texas Land and Mineral Owners Association (TLMA)Amicus CuriaeMr. John B. McFarland
General Land Office of The State of TexasAmicus CuriaeMr. Ken K. Slavin
Devon Energy Production Company, L.P.Amicus CuriaeMr. Jeremy Ketchum Webb
Texas Independent Producers & Royalty OwnersAmicus CuriaeMs. Jamie Lavergne Bryan
Hyder, Martha RowanRespondentMr. James Wills IV
Mr. Jacob T. Fain
Mr. David Jacob Drez III
Mr. Jeffrey W. Hellberg Jr.
Shell Western E&P, Inc.Amicus CuriaeMr. Timothy E. Gehl
Chesapeake Exploration, L.L.C.PetitionerMr. Matthew David Stayton
Mr. Bart A. Rue
Ms. Deborah G. Hankinson
Ms. Rebecca Adams Cavner
Mr. Joseph "Joe" R. Greenhill III
Longfellow Ranch Partners, LPAmicus CuriaeMr. Roger D. Townsend
Unit CorporationAmicus CuriaeMr. Christopher Alan Brown
Texas Land and Mineral Owners AssociationAmicus CuriaeMr. Raul A. Gonzalez
National Association of Royalty Owners-Texas, Inc.Amicus CuriaeMr. Raul A. Gonzalez
EOG Resources, Inc.Amicus CuriaeMr. C. Robert Vote
National Association of Royalty Owners-Texas, Inc. (NARO-Texas)Amicus CuriaeMr. John B. McFarland
Chesapeake Barnett Shale Royalty Owners Amicus CuriaeMr. George Parker Young
EXCO Resources, Inc.Amicus CuriaeMr. William Langdon Boeing
XTO Energy Inc.Amicus CuriaeMr. John William Pollio Jr.
Court of Appeals Information:
Affirmed  
427 SW3d 472, 03-05-14 
4th Court of Appeals 
Honorable Sandee Bryan Marion 
Trial Court Information
17th District Court 
Tarrant 
Honorable Melody M. Wilkinson 
017-244547-10 
 
 

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