Supreme Court

Case: 15-0240    
15-0240
03/27/2015
Second Petition for Review/Cause under Rule 53.1
EXXON MOBIL CORPORATION, WHM CUSTOM SERVICES, INC., AND DISA, INC. 
GILBERTO RINCONES 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
08/22/2016Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief of Houston Area Safety Council in support of Exxon Mobil Corporation's Brief on the Merits. Submitted by David D. Waddell of Houston.
07/29/2016Reply BriefPetitionerPetitioner's Reply Brief on the Merits filed on behalf of DISA.
07/29/2016Reply BriefPetitionerReply Brief on the Merits filed on behalf of Exxon Mobil Corporation.
07/29/2016Reply BriefPetitionerReply Brief on the Merits filed on behalf of WHM Custom Services, Inc.
07/05/2016Brief on the MeritsRespondentRespondent's Brief on the Merits filed on behalf of Gilberto Rincones.
03/21/2016Brief on the MeritsPetitionerPetitioner's Brief on the Merits filed on behalf of DISA.
03/21/2016Brief on the MeritsPetitionerPetitioner's Brief on the Merits filed on behalf of Exxon Mobil Corporation.
03/10/2016Brief on the MeritsPetitionerPetitioner's Brief on the Merits, filed on behalf of WHM Custom Services, Inc.
11/23/2015Reply to ResponseEvent related to subsequent petition filed in case.Reply in Support of Petition for Review filed on behalf of DISA.
11/13/2015Reply to ResponsePetitionerReply in Support of Petition for Review filed on behalf of Exxon Mobil Corporation and WHM Custom Services, Inc.
10/29/2015Response to PetitionRespondentResponse to Petition for Review filed on behalf of Gilberto Rincones
05/19/2015Petition for Review #2PetitionerPetition for Review filed on behalf of DISA, Inc.
03/27/2015Petition for ReviewPetitionerPetition for Review filed on behalf of Exxon Mobil Corporation and WHM Custom Services, Inc.
Case Events
DateEvent TypeDispositionRemarksDocument
07/24/2017Case Stored e-stored
07/07/2017Mandate issued Mandate & Cost Bill Issued
05/26/2017Court approved judgment sent to attorneys of recordIssued 
05/26/2017Opinion issuedIssued 
05/26/2017Opinion issuedCourt of appeals' judgment reverses in part, vacates in part, and reinstates judgmentThe Court reverses in part and vacates in part the court of appeals' judgment and reinstates the trial court's judgment.  Justice Brown delivered the opinion of the Court.  (Justice Lehrmann not sitting)
(5/26/2017 3:32:07 PM) 150240.pdf, 15-0240.jmt.pdf
02/07/2017Oral argument  Argued on behalf of petitioner, Exxon Mobil Corp., by Ryan Paulsen; Argued on behalf of petitioner, WHM Custom Services, Inc., by Keith B. Sieczkowski; Argued on behalf of petitioner, DISA, Inc., by Holly H. Williamson; Argued on behalf of respondent by Ricardo R. Godinez (Justice Lehrmann not sitting)
02/07/2017Oral argument  Argued on behalf of petitioner, Exxon Mobil Corp., by Ryan Paulsen; Argued on behalf of petitioner, WHM Custom Services, Inc., by Keith B. Sieczkowski; Argued on behalf of petitioner, DISA, Inc., by Holly H. Williamson; Argued on behalf of respondent by Ricardo R. Godinez (Justice Lehrmann not sitting)
02/02/2017Oral Argument Submission Form from Attorney received Oral Argument Submission Form of respondent, Gilberto Rincones. Oral Argument will be presented by Ricardo R. Godinez of Godinez Law Firm, P.C. of McAllen, Texas.
12/22/2016Notice from Counsel of a change in address Notice of Change of Address filed on behalf of DISA, Inc.
12/05/2016Submission resetCase set for oral argumentThis cause has been reset for oral argument at 9:00 a.m., February 7, 2017.  Time allotted to argue:  24/24 minutes  (Justice Lehrmann not sitting)
12/05/2016Submission resetCase set for oral argumentThis cause has been reset for oral argument at 9:00 a.m., February 7, 2017.  Time allotted to argue:  24/24 minutes  (Justice Lehrmann not sitting)
12/05/2016Motion to re-set submission disposedFiling grantedRespondent's Opposed First Motion for Continuance granted
12/02/2016Amendment to Motion filed  AMENDED Motion to Re-Set Submission Date filed on behalf of Gilberto Rincones.
12/01/2016Motion to re-set submission date filed. Opposed First Motion for Continuance of Oral Arguments treated as Motion to Re-Set Submission Date filed on behalf of Gilberto Rincones.
11/09/2016Oral Argument Submission Form from Attorney received Oral Argument will be presented by Ryan Paulsen with Haynes and Boone, LLP of Dallas, Texas, filed on behalf of Exxon Mobil Corporation.
11/08/2016Oral Argument Submission Form from Attorney received Oral Argument will be presented by Keith B. Sieczkowski with Branscomb PC of Corpus Christi, Texas, filed on behalf of WHM Custom Services, Inc.
11/08/2016Oral Argument Submission Form from Attorney received Oral Argument will be presented by Holly H. Williamson on behalf of DISA, Inc.
11/04/2016Miscellaneous motion disposed. See Remarks.Filing grantedPetitioners' Joint Motion for Leave to Divide Oral Argument and for Additional Time granted.  Time allotted to argue:  24/24 minutes  (Justice Lehrmann not sitting)
10/19/2016Letter Filed Letter in reference to a potential conflict with the oral argument scheduled date filed on behalf of Gilberto Rincones.
10/14/2016Miscellaneous Motion Joint Motion for Leave to Divide Oral Argument and for Additional Time filed on behalf of Exxon Mobil Corporation, WHM Custom Services, Inc. and DISA, Inc.
09/23/2016Case set for oral argumentCase set for oral argumentThis case has been set for oral argument at 9:00 a.m., December 8, 2016. (Time allotted to argue:  20/20 minutes)  (Justice Lehrmann not sitting)
09/23/2016Case set for oral argumentCase set for oral argumentThis case has been set for oral argument at 9:00 a.m., December 8, 2016. (Time allotted to argue:  20/20 minutes)  (Justice Lehrmann not sitting)
09/23/2016Petition for Review disposedFiling granted 
09/23/2016Petition for Review granted  
09/23/2016Petition for Review disposedFiling granted 
09/23/2016Petition for Review granted  
08/22/2016Amicus Curiae Brief received Amicus Brief of Houston Area Safety Council in support of Exxon Mobil Corporation's Brief on the Merits. Submitted by David D. Waddell of Houston.
07/29/2016Reply Brief Petitioner's Reply Brief on the Merits filed on behalf of DISA.
07/29/2016Reply Brief Reply Brief on the Merits filed on behalf of Exxon Mobil Corporation.
07/29/2016Reply Brief Reply Brief on the Merits filed on behalf of WHM Custom Services, Inc.
07/20/2016Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Reply Brief on the Merits has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due on July 29, 2016.
07/20/2016Motion 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 DISA, Inc.
07/15/2016Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Reply Brief on the Merits granted. Further requests for extensions of Time for this filing will be disfavored. Petitioner's Reply Brief is due July 29, 2016.
07/13/2016Motion 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 WHM Custom Services, Inc.
07/08/2016Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Reply Brief on the Merits granted. Further requests for extensions of Time for this filing will be disfavored. Petitioner's Reply Brief is due July 29, 2016.
07/08/2016Motion 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 Exxon Mobil Corporation.
07/05/2016Brief on the Merits Respondent's Brief on the Merits filed on behalf of Gilberto Rincones.
07/05/2016Phone call from Clerk's Office Called attorney for respondent regarding refiling the brief.
07/05/2016Motion for Extension of Time disposed.Filing grantedFourth Motion for Extension of Time to file Response Brief on the Merits is granted. NO FURTHER REQUESTS WILL BE CONSIDERED. Response Brief is due July 5, 2016. Reply Brief is due July 20, 2016.
07/02/2016Motion for Extension of Time to File Brief filed Fourth Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Gilberto Rincones.
06/13/2016Motion for Extension of Time disposed.Filing grantedThird Motion for Extension of Time to file Response Brief on the Merits is granted. NO FURTHER REQUESTS WILL BE CONSIDERED. Response Brief is due June 27, 2016. Reply Brief is due July 12, 2016.
06/10/2016Motion for Extension of Time to File Brief filed Third Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Gilberto Rincones.
05/11/2016Motion for Extension of Time disposed.Filing grantedSecond Motion for Extension of Time to file Response Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Resp's Brief is due June 10, 2016; Reply Brief is due June 27, 2016.
05/11/2016Motion for Extension of Time to File Brief filed Second Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Gilberto Rincones.
04/11/2016Motion 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. Resp's Brief is due May 11, 2016; Reply Brief is due May 26, 2016.
04/11/2016Motion for Extension of Time to File Brief filed Unopposed Motion for Extension of Time to file Response Brief on the Merits filed on behalf of Gilberto Rincones.
03/21/2016Brief on the Merits Petitioner's Brief on the Merits filed on behalf of DISA.
03/21/2016Brief on the Merits Petitioner's Brief on the Merits filed on behalf of Exxon Mobil Corporation.
03/10/2016Brief on the Merits Petitioner's Brief on the Merits, filed on behalf of WHM Custom Services, Inc.
02/05/2016Motion for Extension of Time disposed.Filing grantedSecond Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of DISA, Inc. has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioner's Brief is due March 21, 2016. Response Brief is due April 11, 2016. Reply Brief is due April 26, 2016.
02/05/2016Motion for Extension of Time to File Brief filed Unopposed Second Motion for Extension of Time to file Brief on the Merits. On behalf of DISA, Inc.
02/05/2016Motion for Extension of Time disposed.Filing grantedSecond Motion for Extension of Time to file Petitioner's Brief on the Merits, filed on behalf of WHM Custom Services has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioner's Brief is due March 10, 2016. Response Brief is due March 30, 2016. Reply Brief is due April 14, 2016.
02/05/2016Motion for Extension of Time to File Brief filed Unopposed Second Motion for Extension of Time to file Brief on the Merits. On behalf of WHM Custom Services, Inc.
02/05/2016Motion for Extension of Time disposed.Filing grantedUnopposed Motion for Extension of Time to file Petitioner's Brief on the Merits, filed on behalf of Exxon Mobil Corp has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Petitioner's Brief is due March 21, 2016. Response Brief is due April 11, 2016. Reply Brief is due April 26, 2016.
02/05/2016Motion 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 Exxon Mobil Corp.
01/21/2016Case Record Filed  Clerk's record (7 V), 1st Supplemental Clerk's record, 2nd supplemental clerk's record w/sealed exhibits, reporter's record (3 v), ape's(WHM Services) mo/re, mo/re en banc,ape's (DISA, Inc.) mo/re, mo/re en banc,  ant's br(Gilberto Rincones) w/appendix, ant mo/re en banc with sealed exhibits, ape (WHM Custom Service) br with appendix and ape's (DISA, Inc.) br, judgment, opinion on rehearing
01/12/2016Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time of Exxon Mobile Corp. is granted.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief is due February 18, 2016. Response Brief is due March 9, 2016. Reply Brief is due March 24, 2016.
01/12/2016Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time of WHM Custom Services, Inc. is granted.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief is due February 18, 2016. Response Brief is due March 9, 2016. Reply Brief is due March 24, 2016.
01/12/2016Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Petitioner's Brief on the Merits, filed on behalf of DISA, Inc., has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief is due February 18, 2016. Response Brief is due March 9, 2016. Reply Brief is due March 24, 2016.
01/11/2016Motion for Extension of Time to File Brief filed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of DISA, Inc.
01/11/2016Electronic communication sent to Party Emailed counsel for respondent Gilberto Ricones to determine if he opposed to WHM Custom Services's motion to extend time to file brief.
01/08/2016Letter Filed Petitioner Exxon Mobil Corporation's Letter to inform the Court its intent to file a separate Brief on the Merits.
01/08/2016Motion for Extension of Time to File Brief filed Motion for Extension of Time to File Brief on the Merits. On behalf of petitioner, WHM Custom Services, Inc.
01/08/2016Electronic communication sent to Party Emailed counsel for respondent Gilberto Ricones to determine if he opposed the motion.
01/08/2016Motion for Extension of Time to File Brief filed Motion for Extension of Time to file Petitioner's Brief on the Merits, filed on behalf fo Exxon Mobil Corp.
12/21/2015Record Requested in Petition for Review Record requested from the 13th COA
12/18/2015Brief on the Merits Requested Brief on the merits requested:  Petitioner's brief due no later than January 19, 2016; Response brief due February 8, 2016; Reply due no later than February 23, 2016.
11/23/2015Reply to Response Reply in Support of Petition for Review filed on behalf of DISA.
11/17/2015MET to file reply disposed ofFiling grantedMotion for Extension of Time is granted.  Reply of DISA is due no later than November 23, 2015.  Further requests for extensions of time for this filing will be disfavored.
11/13/2015Motion to Extend Time to File Reply filed Motion for Extension of Time to file Reply filed on behalf of DISA.
11/13/2015Reply to Response Reply in Support of Petition for Review filed on behalf of Exxon Mobil Corporation and WHM Custom Services, Inc.
10/30/2015Motion for Extension of Time to File Response disposedFiling grantedUnopposed Third Motion for Extension of Time to file Response to Petition for Review filed on behalf of Gilberto Rincones. has been granted. NO FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE CONSIDERED. Response to Petition for Review was filed on October 29, 2015.
10/29/2015Response to Petition Response to Petition for Review filed on behalf of Gilberto Rincones
10/29/2015Motion for Extension of Time to File Response Unopposed Third Motion for Extension of Time to file Response to Petition for Review filed on behalf of Gilberto Rincones
09/23/2015Motion for Extension of Time to File Response disposedFiling grantedMotion for Extension of Time is granted.  Response is due no later than October 23, 2015.  Further requests for extensions of time for this filing will not be considered.
09/23/2015Motion for Extension of Time to File Response Unopposed Second Motion for Extension of Time to file Response filed on behalf of Gilberto Rincones.
08/25/2015Motion for Extension of Time to File Response disposedFiling grantedAmended Motion for Extension of Time to file Response on behalf of Gilberto Rincones. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Response due September 23, 2015.
08/25/2015Amendment to Motion filed  Amended Motion for Extension of Time to file Response on behalf of Gilberto Rincones.
08/24/2015Motion for Extension of Time to File Response Unopposed Motion for Extension of Time to file Response to Petition filed on behalf of Gilberto Rincones.
07/24/2015Supreme Court of Texas Requested Response Response requested to petitions for review due no later than August 24, 2015.
06/23/2015Case forwarded to Court  
06/23/2015Case forwarded to Court  
05/28/2015Phone call from Clerk's Office Left message with Mr. Godinez's office asking if they intend to file Petition for Review on behalf of Gilberto Rincones.
05/28/2015Notice of Appearance Notice of Appearance and Designation of Lead Counsel.  Nina Cortell (Lead Counsel) and Polly Fohn, with Haynes and Boone, LLP, enter their appearance as counsel of record for Exxon Mobil Corporation.
05/19/2015Petition for Review #2 Petition for Review filed on behalf of DISA, Inc.
04/29/2015Second Motion for Extension of Time to File Petition for Review disposedFiling grantedSecond Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Cross-Petitioner DISA, Inc. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Petition due May 19, 2015.
04/29/2015Second Motion for Extension of Time to File Petition for Review filed Second Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Cross-Petitioner DISA, Inc.
03/30/2015Motion 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 Cross-Petitioner/Respondent Gilberto Rincones has been granted. Petition for Review is due April 29, 2015.
03/27/2015Motion 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 Cross-Petitioner/Respondent Gilberto Rincones.
03/27/2015Motion 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 Cross-Petitioner DISA, Inc. has been granted. Petition for Review is due April 29, 2015.
03/27/2015Motion for Extension of Time to File Petition for Review #2 filed Unopposed Motion for Extension of Time to file Petition for Review filed on behalf of Cross-Petitioner DISA, Inc.
03/27/2015Petition for Review Petition for Review filed on behalf of Exxon Mobil Corporation and WHM Custom Services, Inc.
Calendars
Set DateCalendar TypeReason SetRemarks
07/24/2017Case StoredCase stored.e-stored
Parties
PartyPartyTypeRepresentative
Exxon Mobil CorporationPetitionerMr. Keith B. Sieczkowski
Ms. Nina Cortell
Ms. Audrey Mullert Vicknair
Mr. Allen Ryan Paulsen  
Ms. Polly B. Fohn
Rincones, GilbertoRespondentMr. Ricardo R. Godinez
Mr. Gilberto Hinojosa
WHM Custom Services, Inc.PetitionerMr. Keith B. Sieczkowski
Mr. Clinton Twaddell III
Ms. Audrey Mullert Vicknair
DISA, Inc.Petitioner 2Ms. Sheri L. Caldwell
Ms. Holly H. Williamson
Houston Area Safety CouncilAmicus CuriaeMr. David W. Waddell
Court of Appeals Information:
Aff/Pt and Rev & Rem/Pt 
457 SW3d 221, 02-12-15 
13th Court of Appeals 
Honorable Rogelio Valdez 
Trial Court Information
445th District Court 
Cameron 
Honorable J. Rolando Olvera 
2009-04-2478-I 
 
 

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