Supreme Court

Case: 15-0155    
15-0155
02/26/2015
Petition for Review/Cause under Rule 53.1
ENDEAVOR ENERGY RESOURCES, L.P. AND ENDEAVOR PETROLEUM, L.L.C. 
DISCOVERY OPERATING, INC. AND PATRIOT ROYALTY AND LAND, L.L.C. 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
05/30/2018Motion for RehearingPetitioner's motion for rehearing of cause filedMotion for Rehearing filed on behalf of Endeavor Energy Resources, L.P., et al.
03/22/2018Amicus Curiae Letter ReceivedReceived (instead of filed)Amicus Letter of Texas Oil and Gas Association. Submitted by Cory Pomeroy of Austin, Texas.
02/02/2018Post submission brief filedRespondentPost-Submission Letter Brief filed on behalf of Discovery Operating, Inc., et al.
01/19/2018Post submission brief filedPetitionerPost-Submission Letter Brief filed on behalf of Endeavor Energy Resources, L.P., et al.
01/08/2018Exhibits in case/cause filedPetitionerOral Argument Exhibits filed on behalf of Endeavor Energy Resources, L.P. and Endeavor Petroleum, LLC.
01/08/2018Exhibits in case/cause filedRespondentOral Argument Exhibits filed on behalf of Discovery Operating, Inc. & Patriot Royalty and Land, LLC.
01/04/2018Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief of Browning Oil Company, Inc. Submitted by Pamela Stanton Baron of Austin, Texas.
01/03/2018Response to Amicus Curiae Brief filedPetitionerResponse to the Amicus Briefs received filed on behalf of Endeavor Energy Resources, LP, et al.
12/29/2017Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of Pennington Resources, LLC, et al. Submitted by Brandon Burrett and Melanie Fry of Dykema Cox Smith and Garrett Pennington of Round Rock, Texas.
12/06/2017Amicus Curiae Letter ReceivedReceived (instead of filed)Amicus Letter of the Railroad Commission of Texas submitted by Alexander Cochran Schoch of the Railroad Commission of Texas.
09/01/2017Petition Reinstated  
08/18/2017Reply to Response to Motion for Rehearing filedPetitionerReply in Support of Motion for Rehearing filed on behalf fo Endeavor Energy Resources, L.P., et al.
08/08/2017Response to Motion for RehearingRespondentResponse to Motion for Rehearing filed on behalf of Discovery Operating, Inc. and Patriot Royalty and Land, LLC.
05/17/2017Motion for RehearingRehearing filed in Petition for ReviewMotion for Rehearing filed on behalf of Endeavor Energy Resources, L.P., et al.
11/08/2016Amicus Curiae Letter ReceivedReceived (instead of filed)Amicus Letter of the Texas Independent Producers and Royalty Owner’s Association in support of Respondents. Submitted by Rex H. White, Jr. of Austin, Texas.
09/29/2016Amicus Curiae Letter ReceivedReceived (instead of filed)Amicus Letter of Permian Basin Petroleum Association. Submitted by Angela Staples, General Counsel to the Board of Directors of PBPA, Midland Texas.
09/21/2016Amicus Curiae Letter ReceivedReceived (instead of filed)Amicus Letter of J.E. and L.E. Mabee Foundation and the Mabee Ranch Royalty Partnership. Submitted by Elana Einhorn of MehaffyWeber of Austin, Texas.
08/22/2016Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of Ernest Angelo Jr., in support of Respondents Discovery Operating, Inc. and Patriot Royalty and Land, LLC. Submitted by James V. Hammett, Jr. of Lampasas, TX.
07/27/2016Reply BriefPetitionerReply Brief on the Merits filed on behalf of Endeavor Energy Resources, L.P.
05/11/2016Brief on the MeritsRespondentRespondent's Brief on the Merits filed on behalf of Stanley D. Elrod, Karen M. Thomas, Jon David Elrod, Janice K. Gaither and Joseph Elrod.
05/11/2016Brief on the MeritsRespondentRespondents' Brief on the Merits filed on behalf of Discovery Operating, Inc. and Patriot Royalty and Land, LLC.
05/05/2016Brief on the MeritsRespondentRespondents' Brief on the Merits filed on behalf of Rebecca J. Williams, Norvela Ann Schaefer, and Jackie Lue Wells.
02/19/2016Brief on the MeritsPetitionerPetitioner's Brief on the Merits, filed on behalf of Endeavor Energy Resources, L.P., et al.
11/17/2015Surreply filedRespondentResponse to Reply to Response to Petition for Review filed on behalf of Rebecca J. Williams, et al.
11/06/2015Reply to ResponsePetitionerReply in Support of Petition for Review filed on behalf of Endeavor Energy Resources, L.P., et al.
09/23/2015Response to PetitionRespondentResponse to Petition for Review filed on behalf of Stanley D. Elrod, et al.
09/22/2015Response to PetitionRespondentResponse to Petition for Review filed on behalf of Discovery Operating, Inc., et al.
05/01/2015Petition for ReviewPetitionerPetition for Review filed on behalf of Endeavor Energy Resources, L.P., et al.
Case Events
DateEvent TypeDispositionRemarksDocument
05/30/2018Case forwarded to Court  
05/30/2018Motion for Rehearing Motion for Rehearing filed on behalf of Endeavor Energy Resources, L.P., et al.
04/23/2018Motion for Extension of Time to File Motion for Rehearing disposedFiling grantedUnopposed Motion for Extension of Time to file Motion for Rehearing granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due no later than May 30, 2018.
04/23/2018Motion for Extension of Time to File Motion for Rehearing Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Endeavor Energy Resources, L.P., et al.
04/13/2018Court approved judgment sent to attorneys of recordIssued 
04/13/2018Opinion issuedCourt of appeals' judgment affirmedThe Court affirms the court of appeals' judgment.  Justice Boyd delivered the opinion of the Court.
(4/13/2018 3:11:56 PM) 150155.pdf, 15-0155.jmt.pdf
03/22/2018Amicus Curiae Letter Received Amicus Letter of Texas Oil and Gas Association. Submitted by Cory Pomeroy of Austin, Texas.
02/02/2018Post submission brief filed Post-Submission Letter Brief filed on behalf of Discovery Operating, Inc., et al.
01/19/2018Post submission brief filed Post-Submission Letter Brief filed on behalf of Endeavor Energy Resources, L.P., et al.
01/09/2018Submission Schedule  
01/09/2018Oral argument  Argued on behalf of petitioners by Scott A. Brister and David M. Gunn; Argued on behalf of respondents by John A. "Jad" Davis
01/08/2018Exhibits in case/cause filed Oral Argument Exhibits filed on behalf of Endeavor Energy Resources, L.P. and Endeavor Petroleum, LLC.
01/08/2018Exhibits in case/cause filed Oral Argument Exhibits filed on behalf of Discovery Operating, Inc. & Patriot Royalty and Land, LLC.
01/04/2018Amicus Curiae Brief received Amicus Brief of Browning Oil Company, Inc. Submitted by Pamela Stanton Baron of Austin, Texas.
01/03/2018Response to Amicus Curiae Brief filed Response to the Amicus Briefs received filed on behalf of Endeavor Energy Resources, LP, et al.
12/29/2017Amicus Curiae Brief received Amicus Curiae Brief of Pennington Resources, LLC, et al. Submitted by Brandon Burrett and Melanie Fry of Dykema Cox Smith and Garrett Pennington of Round Rock, Texas.
12/12/2017Oral Argument Submission Form from Attorney received Oral Argument Submission Form submitted on behalf of petitioners, Endeavor Energy Resources, L.P. and Endeavor Petroleum, LLC. Oral Argument will be presented by Scott A. Brister of Andrews Kurth Kenyon LLP and David M. Gunn of Beck Redden LLP.
12/06/2017Amicus Curiae Letter Received Amicus Letter of the Railroad Commission of Texas submitted by Alexander Cochran Schoch of the Railroad Commission of Texas.
11/28/2017Oral Argument Submission Form from Attorney received Oral Argument Submission Form submitted on behalf of respondent, Discovery Operating, Inc. Oral Argument will be presented by John A. "Jad" Davis of Davis, Gerald & Cremer of Midland, TX.
09/01/2017Case set for oral argumentCase set for oral argumentThis case has been set for oral argument at 9:00 a.m., January 9, 2018.  Time allotted to argue:  20/20 minutes
09/01/2017Petition for Review disposedFiling granted 
09/01/2017Petition for Review granted  
09/01/2017Petition Reinstated  
09/01/2017Previous Order of the Court withdrawn Denial of petition for review on March 31, 2017 is withdrawn.
09/01/2017Motion for Rehearing - DisposedFiling granted 
08/18/2017Reply to Response to Motion for Rehearing filed Reply in Support of Motion for Rehearing filed on behalf fo Endeavor Energy Resources, L.P., et al.
08/08/2017Response to Motion for Rehearing Response to Motion for Rehearing filed on behalf of Discovery Operating, Inc. and Patriot Royalty and Land, LLC.
07/07/2017Motion for Extension of Time to File Response disposedFiling grantedMotion for Extension of Time to file Response to Motion for Rehearing has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due on August 9, 2017.
07/07/2017Motion for Extension of Time to File Response Unopposed Motion for Extension of Time to file Response to Motion for Rehearing filed on behalf of Discovery Operating, Inc., et al.
06/23/2017Supreme Court of Texas Requested Response Requested response to motion for rehearing due no later than July 10, 2017.
05/23/2017Case forwarded to Court  
05/17/2017Motion for Rehearing Motion for Rehearing filed on behalf of Endeavor Energy Resources, L.P., et al.
04/13/2017Motion for Extension of Time to File Motion for Rehearing disposedFiling grantedUnopposed Motion for Extension of Time to file Motion for Rehearing granted. Further requests for extensions of time will be disfavored. Motion for Rehearing is due May 17, 2017.
04/13/2017Motion for Extension of Time to File Motion for Rehearing Unopposed Motion for Extension of Time to file Motion for Rehearing filed on behalf of Endeavor Energy Resources, L.P., et al.
03/31/2017Petition for Review disposedDenied 
11/08/2016Amicus Curiae Letter Received Amicus Letter of the Texas Independent Producers and Royalty Owner’s Association in support of Respondents. Submitted by Rex H. White, Jr. of Austin, Texas.
09/29/2016Amicus Curiae Letter Received Amicus Letter of Permian Basin Petroleum Association. Submitted by Angela Staples, General Counsel to the Board of Directors of PBPA, Midland Texas.
09/21/2016Amicus Curiae Letter Received Amicus Letter of J.E. and L.E. Mabee Foundation and the Mabee Ranch Royalty Partnership. Submitted by Elana Einhorn of MehaffyWeber of Austin, Texas.
08/22/2016Amicus Curiae Brief received Amicus Curiae Brief of Ernest Angelo Jr., in support of Respondents Discovery Operating, Inc. and Patriot Royalty and Land, LLC. Submitted by James V. Hammett, Jr. of Lampasas, TX.
07/27/2016Reply Brief Reply Brief on the Merits filed on behalf of Endeavor Energy Resources, L.P.
06/10/2016Motion for Extension of Time disposed.Filing grantedUnopposed Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Endeavor Energy Resources, L.P., et al. has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Reply brief is due July 27, 2016.
06/09/2016Motion for Extension of Time to File Brief filed Unopposed Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Endeavor Energy Resources, L.P., et al.
05/16/2016Motion for Extension of Time disposed.Filing grantedUnopposed Motion for Extension of Time to file Reply Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Reply brief is due June 27, 2016.
05/16/2016Motion for Extension of Time to File Brief filed Unopposed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Endeavor Energy Resources, L.P., et al.
05/11/2016Brief on the Merits Respondent's Brief on the Merits filed on behalf of Stanley D. Elrod, Karen M. Thomas, Jon David Elrod, Janice K. Gaither and Joseph Elrod.
05/11/2016Brief on the Merits Respondents' Brief on the Merits filed on behalf of Discovery Operating, Inc. and Patriot Royalty and Land, LLC.
05/05/2016Brief on the Merits Respondents' Brief on the Merits filed on behalf of Rebecca J. Williams, Norvela Ann Schaefer, and Jackie Lue Wells.
04/05/2016Motion for Extension of Time disposed.Filing grantedSecond Unopoosed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Discovery Operating, Inc., et al and Stanley D. Elrod, et al. has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Respondent's Brief is due May 11, 2016. Reply Brief is due May 26, 2016.
04/05/2016Motion for Extension of Time to File Brief filed Second Unopoosed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Discovery Operating, Inc., et al and Stanley D. Elrod, et al.
03/08/2016Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Response Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.  Response Brief is due April 11, 2016; Reply Brief is due April 26, 2016.
03/08/2016Motion for Extension of Time to File Brief filed Unopoosed Motion for Extension of Time to file Response Brief on the Merits. On behalf of Discovery Operating, Inc., et al and Stanley D. Elrod, et al.
02/19/2016Brief on the Merits Petitioner's Brief on the Merits, filed on behalf of Endeavor Energy Resources, L.P., et al.
01/07/2016Motion for Extension of Time disposed.Filing grantedUnopposed Second Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Endeavor Energy Resources, L.P., et al. has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioners' brief is due February 19, 2016; Respondents' brief is due March 10, 2016; Reply brief is due March 25, 2016.
01/07/2016Motion for Extension of Time to File Brief filed Unopposed Second Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Endeavor Energy Resources, L.P., et al.
12/08/2015Motion for Extension of Time disposed.Filing grantedUnopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Petitioner's brief is due January 20, 2016; Respondent's brief is due February 9, 2016; and Reply brief is due February 24, 2016.
12/07/2015Motion 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 Endeavor Energy Resources, L.P., et al.
12/07/2015Case Record Filed  Electronic Appellate Record received.
11/23/2015Record Requested in Petition for Review Record requested from the 11th COA
11/20/2015Brief on the Merits Requested Brief on the merits requested:  Petitioner's brief on the merits due no later than December 21, 2015; Response brief due January 11, 2016; Reply brief due January 26, 2016.
11/17/2015Surreply filed Response to Reply to Response to Petition for Review filed on behalf of Rebecca J. Williams, et al.
11/06/2015Reply to Response Reply in Support of Petition for Review filed on behalf of Endeavor Energy Resources, L.P., et al.
09/28/2015Motion for Extension of Time disposed.Filing grantedUnopposed Motion for Extension of Time to file Reply to Response to Petition for Review, filed on behalf of Endeavor Energy Resources, L.P., et al., has been granted. Reply to Response to Petition for Review is due November 6, 2015. Further requests for extensions of time for this filing will be disfavored.
09/28/2015Motion to Extend Time to File Reply filed Unopposed Motion for Extension of Time to file Reply to Response to Petition for Review, filed on behalf of Endeavor Energy Resources, L.P., et al.
09/23/2015Response to Petition Response to Petition for Review filed on behalf of Stanley D. Elrod, et al.
09/22/2015Response to Petition Response to Petition for Review filed on behalf of Discovery Operating, Inc., et al.
08/27/2015Motion for Extension of Time disposed.Filing grantedSecond Motion for Extension of Time to file Responses to Petition for Review is granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Requested Response is due September 23, 2015.
08/27/2015Motion for Extension of Time to File Response Second Unopposed Motion for Extension of Time to file Responses to Petition for Review filed on behalf of Discovery Operating, Inc.; Patriot Royalty and Land, LLC; Stanley D. Elrod, et al.; and Rebecca Williams, et al.
07/30/2015Motion 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 Discovery Operating, Inc. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due September 2, 2015.
07/30/2015Motion for Extension of Time to File Response Unopposed Motion for Extension of Time to file Responses to Petition for Review filed on behalf of Discovery Operating, Inc.; Patriot Royalty and Land, LLC; Stanley D. Elrod, et al.; and Rebecca Williams, et al.
07/03/2015Supreme Court of Texas Requested Response Requested response to petition for review due no later than August 3, 2015.
06/12/2015Response Waiver filed Response waiver filed on behalf of Intervenors, Stanley D. Elrod, et al.
06/02/2015Case forwarded to Court  
05/28/2015Response Waiver filed Response waiver filed on behalf of Discovery Operating, Inc. and Patriot Royalty and Land LLC.
05/01/2015Petition for Review Petition for Review filed on behalf of Endeavor Energy Resources, L.P., et al.
03/26/2015Second Motion for Extension of Time to File Petition for Review disposedFiling grantedUnopposed Second Motion for Extension of Time to File Petition for Review granted.  Petition for review due May 1, 2015.  Further requests for extensions of time will be disfavored.
03/26/2015Second 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 Endeavor Energy Resources, L.P., et al.
02/26/2015Motion 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 Petitioners Endeavor Energy Resources, L.P., et al. has been granted. Petition is due April 1, 2015.
02/26/2015Motion 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 Petitioners Endeavor Energy Resources, L.P., et al.
Calendars
Set DateCalendar TypeReason SetRemarks
05/30/2018Work-Up by Staff / Review by JusticesMotion for Rehearing 
Parties
PartyPartyTypeRepresentative
Williams, Rebecca J.RespondentMr. John T. Ferguson
Texas Oil and Gas AssociationAmicus CuriaeMr. Cory Pomeroy  
Elrod, Jon DavidRespondentMr. Andrew (Drew) P. Mouton
Reina Cisneros
Permian Basin Petroleum AssociationAmicus CuriaeMs. Angela Nichole Doyle Staples
Railroad Commission of TexasAmicus CuriaeMr. Alexander C. Schoch
Patriot Royalty and Land, LLC.RespondentMr. David W. Lauritzen
Ms. Jill Christine Pennington
Mr. Joseph A. Baker
Mr. Rick G. Strange
Mr. Charles Christopher Aycock
Mr. John A. "Jad" Davis Jr.
Mr. Ryan D. Clinton  
Gaither, Janice K.RespondentMr. Andrew (Drew) P. Mouton
Reina Cisneros
Schafer, Norvella AnnRespondentMr. John T. Ferguson
Endeavor Energy Resources, L.P.PetitionerMr. J. Derrick Price
Ms. Erin H. Huber
Mr. C. H. (Hal) Brockett Jr.
Ms. April E. Lucas
Mr. Scott A. Brister
Mr. David M. Gunn
Mr. Joe Edward Lea Jr.
Discovery Operating, Inc.RespondentMs. Jill Christine Pennington
Mr. John A. "Jad" Davis Jr.
Mr. Ryan D. Clinton  
Mr. Davin McGinnis
Mr. Joseph A. Baker
Mr. David W. Lauritzen
Endeavor Petroleum, LLCPetitionerMr. C. H. (Hal) Brockett Jr.
Ms. Erin H. Huber
Mr. Joe Edward Lea Jr.
Ms. April E. Lucas
Mr. David M. Gunn
Mr. Scott A. Brister
Mr. J. Derrick Price
Angelo, Junior, ErnestAmicus CuriaeMr. James V. Hammett Jr.
J.E. and L.E. Mabee FoundationAmicus CuriaeMs. Elana S. Einhorn
Redwood Exploration Company, LLCAmicus CuriaeMs. Melanie L. Fry
Garrett Pennington
Mr. Brandon Durrett
Texas Independent Producers and Royalty Owner’s AssociationAmicus CuriaeMr. Rex H. White Jr.
Pennington Resources, LLCAmicus CuriaeMs. Melanie L. Fry
Mr. Brandon Durrett
Garrett Pennington
Mabee Ranch Royalty PartnershipAmicus CuriaeMs. Elana S. Einhorn
Browning Oil Company, Inc.Amicus CuriaeMs. Pamela Stanton Baron
Mr. Michael E. McElroy
Thomas, Karen M.RespondentMr. Andrew (Drew) P. Mouton
Reina Cisneros
Tyner Energy, LPAmicus CuriaeGarrett Pennington
Mr. Brandon Durrett
Ms. Melanie L. Fry
Wells, Jackie LueRespondentMr. John T. Ferguson
Elrod, JosephRespondentMr. Andrew (Drew) P. Mouton
Elrod, Stanley D.RespondentMr. Andrew (Drew) P. Mouton
Court of Appeals Information:
Affirmed  
448 SW3d 169, 10-23-14 
11th Court of Appeals 
Honorable Jim Wright 
Trial Court Information
118th District Court 
Martin 
Honorable Timothy D. Yeats 
6439 
 
 

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