Supreme Court

Case: 14-1057    
14-1057
12/16/2014
Second Petition for Review/Cause under Rule 53.1
JIM P. BENGE, MD AND KELSEY-SEYBOLD MEDICAL GROUP PLLC 
LAUREN WILLIAMS 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
02/12/2018Response to Brief filedRespondentConditional Response to Williams' Post-Submission Brief (incorporated with Motion to Strike) filed on behalf of Dr. Benge and Kelsey-Seybold Medical Group PLLC.
01/26/2018Post submission brief filedEvent related to subsequent petition filed in case.Post-Submission Letter Brief filed on behalf of Lauren Williams.
03/03/2017Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief of Texas Alliance for Patient Access, Texas Medical Association, and Texas Osteopathic Medical Association in Opposition to Respondent’s Petition for Review. Submitted by Diana L. Faust of Cooper Scully PC, Dallas, Texas.
02/20/2017Supplemental appendix PetitionerSupplement to Appendix filed on behalf of Lauren Williams.
02/13/2017Reply BriefPetitionerReply Brief on the Merits filed on behalf of Lauren Williams.
02/13/2017Reply BriefPetitionerReply Brief on the Merits filed on behalf of Jim P. Benge, M.D., et al.
12/29/2016Response to PetitionRespondentResponse Brief on the Merits filed on behalf of Lauren Williams.
12/29/2016Brief on the MeritsRespondentResponse Brief on the Merits filed on behalf of Jim P. Benge, M.D., et al.
11/09/2016Brief on the MeritsPetitionerPetitioner's Brief on the Merits filed on behalf of Lauren Williams.
11/09/2016Brief on the MeritsPetitionerPetitioners' Brief on the Merits filed on behalf of Jim P. Benge, M.D., et al.
06/27/2016Reply to ResponsePetitionerReply to Response to Petition for Review filed on behalf of Jim P. Benge, M.D., et al.
05/11/2016Response to PetitionRespondentResponse to Petition for Review filed on behalf of Lauren Williams.
02/05/2016Response to PetitionRespondentResponse to Cross Petition for Review filed on behalf of Dr. Benge and Kelsey-Seybold Medical Group PLLC
12/07/2015Petition for Review #2PetitionerPetition for Review filed on behalf of Lauren Williams.
12/07/2015Petition for ReviewPetitionerPetition for Review filed on behalf of Jim P. Benge, M.D., et al.
Case Events
DateEvent TypeDispositionRemarksDocument
05/25/2018Court approved judgment sent to attorneys of recordIssued 
05/25/2018Opinion issuedIssued 
05/25/2018Opinion issuedCourt of appeals' judgment affirmedThe Court affirms the court of appeals' judgment. Chief Justice Hecht delivered the opinion of the Court.
(5/25/2018 4:46:23 PM) 141057.pdf, 14-1057.jmt.pdf
05/25/2018Motion to strike disposedDeniedMotion to Strike Post-Submission Brief denied
02/12/2018Response to Brief filed Conditional Response to Williams' Post-Submission Brief (incorporated with Motion to Strike) filed on behalf of Dr. Benge and Kelsey-Seybold Medical Group PLLC.
02/12/2018Motion to Strike filed Motion to Strike Williams' Post-Submission Brief (incorporated with Response to Williams' Post-Submission Brief) filed on behalf of Dr. Benge and Kelsey-Seybold Medical Group PLLC.
01/29/2018Letter Filed Letter informing the Court that a response to the Respondent's Post-Submission Brief will be filed, submitted on behalf of Jim Benge, MD and Kelsey-Seybold Medical Group PLLC.
01/26/2018Post submission brief filed Post-Submission Letter Brief filed on behalf of Lauren Williams.
01/11/2018Oral argument  Argued on behalf of petitioners/cross-respondents by Earnest W. Wotring; Argued on behalf of respondent/cross-petitioner by Lucy Forbes
01/11/2018Oral argument  Argued on behalf of petitioners/cross-respondents by Earnest W. Wotring; Argued on behalf of respondent/cross-petitioner by Lucy Forbes
09/06/2017Motion to postpone submission date disposedFiling grantedJoint Agreed Motion to Postpone Oral Argument granted
09/01/2017Motion to postpone submission date filed Joint Motion to Postpone the September 12 Oral Argument for at least 60 days due to Hurricane Harvey filed on behalf of Lauren Williams, et al.
08/09/2017Oral Argument Submission Form from Attorney received Oral Argument will be presented by Lucy Forbes with Forbes Firm of Houston, Texas, filed on behalf of Lauren Williams.
08/08/2017Oral Argument Submission Form from Attorney received Oral Argument will be presented by Earnest W. Wotring with Baker Wotring LLP of Houston, Texas, filed on behal of Dr. Benge and Kelsey-Seybold Medical Group PLLC.
06/30/2017Case set for oral argumentCase set for oral argumentThis cause has been set for oral argument at 9:00 a.m., September 12, 2017.  Time allotted to argue:  20/20 minutes
06/30/2017Case set for oral argumentCase set for oral argumentThis cause has been set for oral argument at 9:00 a.m., September 12, 2017. Time allotted to argue: 20/20 minutes
03/10/2017Petition for Review disposedFiling grantedThe date and time for oral argument are yet to be determined.
03/10/2017Petition for Review granted  
03/10/2017Petition for Review disposedFiling grantedThe date and time for oral argument are yet to be determined.
03/10/2017Petition for Review granted  
03/03/2017Amicus Curiae Brief received Amicus Brief of Texas Alliance for Patient Access, Texas Medical Association, and Texas Osteopathic Medical Association in Opposition to Respondent’s Petition for Review. Submitted by Diana L. Faust of Cooper Scully PC, Dallas, Texas.
02/20/2017Supplemental appendix  Supplement to Appendix filed on behalf of Lauren Williams.
02/13/2017Reply Brief Reply Brief on the Merits filed on behalf of Lauren Williams.
02/13/2017Reply Brief Reply Brief on the Merits filed on behalf of Jim P. Benge, M.D., et al.
01/20/2017Motion for Extension of Time disposed.Filing grantedJoint Motion for Extension of Time to file Reply Brief on the Merits is granted. Further requests for extensions of time will be disfavored. Reply briefs are due February 13, 2017.
01/10/2017Motion for Extension of Time to File Brief filed Joint Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Jim P. Benge, MD, et al. and Lauren Williams.
12/29/2016Response to Petition Response Brief on the Merits filed on behalf of Lauren Williams.
12/29/2016Brief on the Merits Response Brief on the Merits filed on behalf of Jim P. Benge, M.D., et al.
11/22/2016Motion for Extension of Time disposed.Filing grantedJoint Motion for Extension of Time to file Respondents' Brief on the Merits is granted in part. Further requests for extensions of time will be disfavored. Respondents' brief is due December 29, 2016; and Reply brief is due January 13, 2017.
11/21/2016Motion for Extension of Time to File Brief filed Joint Motion for Extension of Time to file Respondents' Brief on the Merits filed on behalf of Jim P. Benge, MD and Lauren Williams.
11/09/2016Brief on the Merits Petitioner's Brief on the Merits filed on behalf of Lauren Williams.
11/09/2016Brief on the Merits Petitioners' Brief on the Merits filed on behalf of Jim P. Benge, M.D., et al.
10/31/2016Motion for Extension of Time disposed.Filing grantedSecond Joint Motion for Extension of Time to file Petitioner's Brief on the Merits has been granted. NO FURTHER EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioner's Brief is due on November 9, 2016. Response Brief is due on November 29, 2016. Reply Brief is due on December 14, 2016.
10/31/2016Motion for Extension of Time to File Brief filed Second JOINT Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of petitioner, Lauren Williams and cross petitioners, Jim P. Benge, MD, et al.
09/28/2016Motion for Extension of Time disposed.Filing grantedJOINT Motion for Extension of Time to file Petitioners' Briefs on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Pets' Brief is due November 2, 2016; Response Brief is due November 22, 2016 and Reply Brief is due December 7, 2016.
09/28/2016Motion for Extension of Time to File Brief filed JOINT Motion for Extension of Time to file Petition for Review filed on behalf of petitioner, Lauren Williams and cross petitioners, Jim P. Benge, MD, et al.
09/08/2016Case Record Filed  Electronic Appellate Record received.
09/06/2016Record Requested in Petition for Review Record requested from the 1st COA
09/02/2016Brief on the Merits Requested Brief on the merits requested:  Petitioner's brief due no later than October 3, 2016; Response brief due October 24, 2016; Reply brief due November 8, 2016
06/27/2016Reply to Response Reply to Response to Petition for Review filed on behalf of Jim P. Benge, M.D., et al.
05/25/2016MET to file reply disposed ofFiling grantedMotion for Extension of Time to file Reply is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply is due June 27, 2016.
05/25/2016Motion to Extend Time to File Reply filed Unopposed Motion for Extension of Time to file Reply filed on behalf of Dr. Benge & Kelsey-Seybold Medical Group PLLC.
05/11/2016Response to Petition Response to Petition for Review filed on behalf of Lauren Williams.
04/06/2016Motion for Extension of Time to File Response disposedFiling grantedUnopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Lauren Williams has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due May 11, 2016.
04/06/2016Motion for Extension of Time to File Response Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Lauren Williams.
03/11/2016Supreme Court of Texas Requested Response Requested response from respondent Lauren Williams due no later than April 11, 2016.
02/09/2016Case forwarded to Court  
02/09/2016Case forwarded to Court  
02/05/2016Response to Petition Response to Cross Petition for Review filed on behalf of Dr. Benge and Kelsey-Seybold Medical Group PLLC
01/05/2016Motion for Extension of Time to File Response disposedFiling grantedUnopposed Motion for Extension of Time to file Response to Petition for Review, filed on behalf of Jim P. Benge, M.D., et al., has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response to Petition for Review is due on February 5, 2016.
01/05/2016Motion for Extension of Time to File Response Unopposed Motion for Extension of Time to file Response to Petition for Review, filed on behalf of Jim P. Benge, M.D., et al.
12/08/2015Response Waiver filed Response Waiver filed on behalf of Lauren Williams.
12/07/2015Phone call from Clerk's Office Left message for Ms. Forbes.  Requested that the petition be resubmitted so that the fee is paid.
12/07/2015Petition for Review #2 Petition for Review filed on behalf of Lauren Williams.
12/07/2015Petition for Review Petition for Review filed on behalf of Jim P. Benge, M.D., et al.
11/05/2015Second Motion for Extension of Time to File Petition for Review disposedFiling grantedUnopposed Joint Motion for Extension of Time to file Petition for Review filed on behalf of Jim P. Benge, MD, et al. and Lauren Williams has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. December 7, 2015.
11/05/2015Second Motion for Extension of Time to File Petition for Review filed Unopposed Joint Motion for Extension of Time to file Petition for Review filed on behalf of Jim P. Benge, MD, et al. and Lauren Williams.
09/24/2015Motion for Extension of Time to File Petition for Review disposedFiling grantedThe abatement order issued on February 9, 2015 is lifted. Motion for Extension of Time to file Petition is granted as reinstated.  Petition for Review is due November 6, 2015.
09/24/2015Motion for Extension of Time to File Petition for Review pursuant to 53.7(f) reinstated Motion for Extension of Time Reinstated; Court of Appeals denied Motion for Rehearing En Banc on September 22, 2015.
09/24/2015Abatement Order Lifted Abatement Order issued on February 9, 2015 is lifted.  
09/24/2015Letter Filed Letter informs the Court that the Appellate Court ruled on the Motion for Rehearing En Banc on September 22, 2015.
02/09/2015Order of the Court IssuedMatter in Supreme Court of Texas AbatedThe Motion for Extension to File Petition for Review, granted on December 31, 2014, is Abated.  The case is removed from the Court's active docket.  It is the parties' responsibility to immediately notify this Court once the court of appeals' decision is final.  See TEX. R. APP. P. 53.7(a).
02/02/2015Notice received Notice of Respondent's filing of Motions for Rehearing and En Banc Reconsideration in Court of Appeals.
12/31/2014Motion for Extension of Time to File Petition for Review disposedFiling grantedUnopposed Motion for Extension of Time to file Petition for Review filed on behalf of Jim P. Benge, MD and Kelsey-Seybold Medical Group PLLC has been granted for 30 days. Petition due February 2, 2015.
12/31/2014Motion 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 Jim P. Benge, MD and Kelsey-Seybold Medical Group PLLC.
Calendars
Set DateCalendar TypeReason SetRemarks
06/11/2018StatusMotion for rehearing due to be filed.  
Parties
PartyPartyTypeRepresentative
Kelsey-Seybold Medical Group PLLCPetitionerMs. Amy L. Nilsen
Mr. Earnest W. Wotring
Mr. William David George
Williams, LaurenRespondentMr. Randall O. Sorrels
Ms. Lucy H. Forbes
Ms. Chelsie King Garza
Texas Osteopathic Medical AssociaitonAmicus CuriaeMr. R. Brent Cooper
Mr. Kyle M. Burke  
Texas Medical AssociationAmicus CuriaeMr. R. Brent Cooper
Mr. Kyle M. Burke  
Ms. Diana L. Faust
Memorial Hermann Health SystemAmicus CuriaeAnn Seymore
Baylor College of MedicineAmicus CuriaeMr. Jeffrey B. McClure
Benge, Jim P.PetitionerMr. William David George
Ms. Amy L. Nilsen
Mr. Earnest W. Wotring
Texas Alliance for Patient AccessAmicus CuriaeMs. Diana L. Faust
Mr. Kyle M. Burke  
Mr. R. Brent Cooper
Court of Appeals Information:
Reverse & Remand 
472 SW3d 684, 11-18-14 
1st Court of Appeals 
Honorable Harvey G. Brown 
Trial Court Information
164th District Court 
Harris 
Honorable Alexandra Ilana Smoots-Hogan 
1052657 
 
 

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