Supreme Court

Case: 15-0569    
15-0569
07/31/2015
Petition for Review/Cause under Rule 53.1
BP AMERICA PRODUCTION COMPANY 
RED DEER RESOURCES, LLC 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
09/21/2017Amicus Curiae Letter ReceivedReceived (instead of filed)Amicus Letter of State Representative Four Price of Austin, Texas.
09/19/2017Reply to Amicus Curiae BriefRespondentLetter Brief Reply to BP's Response to Amicus Curiae filed on September 12, 2017, filed on behalf of Red Deer Resources, LLC.
09/12/2017Response to Amicus Curiae Brief filedPetitionerResponse to Amicus Curiae filed on behalf of petitioner, BP America Production Company.
09/08/2017Amicus Curiae Letter ReceivedReceived (instead of filed)Amicus Letter submitted by Clayton M. Henry of Wichita Falls, Texas.
09/07/2017Amicus Curiae Letter ReceivedReceived (instead of filed)Amicus Letter of State Representative Ken King of Austin, Texas.
09/01/2017Amicus Curiae Letter ReceivedReceived (instead of filed)Amicus Letter of Canadian River Municipal Water Authority submitted by Douglas G. Caroom.
09/01/2017Amicus Curiae Letter ReceivedReceived (instead of filed)Amicus Letter of Panhandle Groundwater Conservation District submitted by Monique Norman of Austin, Texas.
08/24/2017Amicus Curiae Letter ReceivedReceived (instead of filed)Amicus Letter Brief of The Texas and Southwestern Cattle Raisers Association and Chris Scharbauer in support of respondent's motion for rehearing. Submitted by Arthur G. Uhl, III of Uhl Fitzsimons Jewett & Burton PLLC of San Antonio, Texas.
08/24/2017Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief submitted by, and on behalf of, Bailey Peyton of Canadian, Texas.
08/23/2017Amicus Curiae Brief receivedReceived (instead of filed)Brief of Amicus Curiae Thomas Ladd and James McCown in Support of Respondent Red Deer Resources, LLC.  Submitted by Gloria Leal with Gloria Leal and Associates of Austin, Texas.
08/23/2017Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief submitted by, and on behalf of, George A. Snell, III of Snell Law Firm of Amarillo, Texas.
08/22/2017Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief submitted by, and on behalf of, Danna Kay Archer Brady of San Antonio, Texas.
08/18/2017Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief North Plains Groundwater Conservation District submitted by Keith F. Good of Lemon, Shearer, Phillips & Good, P.C. of Perryton, Texas.
08/10/2017Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curie Brief submitted by Howard Franklin Saunders (Buddy) III Land Services and Consulting.
08/08/2017Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief recieved from Texas Land and Mineral Owners Association. Submitted by John B. McFarland and Mary A. Keeney with Graves, Dougherty, Hearon & Moody of Austin, Texas.
07/28/2017Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of Jaten Oil Company submitted by Edward L. Morris, President of Jaten Oil Co. of Amarillo, Texas.
07/13/2017Reply to Response to Motion for Rehearing filedRespondentRespondent's Reply to Petitioner's Response to Motion for Rehearing filed on behalf of Red Deer Resources, LLC.
07/07/2017Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief of Chalres McMordie, et al. Submitted by Marty L. Rowley of Amarillo, Texas.
07/07/2017Amicus Curiae Letter ReceivedReceived (instead of filed)Amicus Letter received and submitted on behalf of T. Boone Pickens.
07/03/2017Response to Motion for RehearingPetitionerResponse to Motion for Rehearing filed on behalf of BP America Production Company.
06/05/2017Motion for RehearingRespondent's Motion for Rehearing of Cause filedMotion for Rehearing filed on behalf of Red Deer Resources, LLC.
02/10/2017Post submission brief filedPetitionerPost-Submission Letter Brief filed on behalf of BP America Production Co.
02/02/2017Post submission brief filedRespondentPost-Submission Letter Brief filed on behalf of Red Deer Resources, LLC.
01/11/2017Exhibits in case/cause filedPetitionerOral Argument Exhibits filed on behalf of BP America Production Company.
09/02/2016Response to Amicus Curiae Brief filedRespondentResponse to Amicus Brief of Texas Oil and Gas Association filed on behalf of respondent, Red Deer Resources LLC.
08/11/2016Amicus Curiae Brief receivedReceived (instead of filed)Amicus Curiae Brief filed on behalf of Texas Oil and Gas Association.
06/01/2016Reply BriefPetitionerPetitioner's Reply Brief on the Merits filed on behalf of BP America Production Company.
05/03/2016Fully hyperlinked brief filedRespondentHyperlinked Respondent's Brief on the Merits filed on behalf of Red Deer Resources, LLC.
05/02/2016Brief on the MeritsRespondentRespondent's Brief on the Merits filed on behalf of Red Deer Resources, LLC.
04/11/2016Brief on the MeritsPetitionerPetitioner's Brief on the Merits filed on behalf of BP America Production Company.
11/24/2015Reply to ResponsePetitionerReply to Response to Petition for Review filed on behalf of Red Deer Resources, LLC.
11/02/2015Response to PetitionRespondentResponse to Petition for Review filed on behalf of Red Deer Resources, LLC.
07/31/2015Petition for ReviewPetitionerPetition for Review filed on behalf of BP America Production Company.
Case Events
DateEvent TypeDispositionRemarksDocument
09/25/2017Mandate issued Mandate & Cost Bill Issued
09/22/2017Motion for Rehearing - DisposedDenied 
09/21/2017Amicus Curiae Letter Received Amicus Letter of State Representative Four Price of Austin, Texas.
09/19/2017Reply to Amicus Curiae Brief Letter Brief Reply to BP's Response to Amicus Curiae filed on September 12, 2017, filed on behalf of Red Deer Resources, LLC.
09/12/2017Response to Amicus Curiae Brief filed Response to Amicus Curiae filed on behalf of petitioner, BP America Production Company.
09/08/2017Amicus Curiae Letter Received Amicus Letter submitted by Clayton M. Henry of Wichita Falls, Texas.
09/07/2017Amicus Curiae Letter Received Amicus Letter of State Representative Ken King of Austin, Texas.
09/01/2017Amicus Curiae Letter Received Amicus Letter of Canadian River Municipal Water Authority submitted by Douglas G. Caroom.
09/01/2017Amicus Curiae Letter Received Amicus Letter of Panhandle Groundwater Conservation District submitted by Monique Norman of Austin, Texas.
08/24/2017Amicus Curiae Letter Received Amicus Letter Brief of The Texas and Southwestern Cattle Raisers Association and Chris Scharbauer in support of respondent's motion for rehearing. Submitted by Arthur G. Uhl, III of Uhl Fitzsimons Jewett & Burton PLLC of San Antonio, Texas.
08/24/2017Amicus Curiae Brief received Amicus Brief submitted by, and on behalf of, Bailey Peyton of Canadian, Texas.
08/23/2017Amicus Curiae Brief received Brief of Amicus Curiae Thomas Ladd and James McCown in Support of Respondent Red Deer Resources, LLC.  Submitted by Gloria Leal with Gloria Leal and Associates of Austin, Texas.
08/23/2017Amicus Curiae Brief received Amicus Brief submitted by, and on behalf of, George A. Snell, III of Snell Law Firm of Amarillo, Texas.
08/22/2017Amicus Curiae Brief received Amicus Brief submitted by, and on behalf of, Danna Kay Archer Brady of San Antonio, Texas.
08/18/2017Amicus Curiae Brief received Amicus Brief North Plains Groundwater Conservation District submitted by Keith F. Good of Lemon, Shearer, Phillips & Good, P.C. of Perryton, Texas.
08/10/2017Amicus Curiae Brief received Amicus Curie Brief submitted by Howard Franklin Saunders (Buddy) III Land Services and Consulting.
08/08/2017Amicus Curiae Brief received Amicus Brief recieved from Texas Land and Mineral Owners Association. Submitted by John B. McFarland and Mary A. Keeney with Graves, Dougherty, Hearon & Moody of Austin, Texas.
08/03/2017Designation of Lead Counsel  Petitioner BP America Production Company designates Robert C. Vartabedian as new lead counsel on appeal.
07/28/2017Amicus Curiae Brief received Amicus Curiae Brief of Jaten Oil Company submitted by Edward L. Morris, President of Jaten Oil Co. of Amarillo, Texas.
07/13/2017Reply to Response to Motion for Rehearing filed Respondent's Reply to Petitioner's Response to Motion for Rehearing filed on behalf of Red Deer Resources, LLC.
07/07/2017Amicus Curiae Letter Received Amicus Letter received and submitted on behalf of T. Boone Pickens.
07/07/2017Amicus Curiae Brief received Amicus Curiae Brief of Chalres McMordie, et al. Submitted by Marty L. Rowley of Amarillo, Texas.
07/03/2017Response to Motion for Rehearing Response to Motion for Rehearing filed on behalf of BP America Production Company.
06/16/2017Supreme Court of Texas Requested Response Requested response to motion for rehearing due no later than July 3, 2017.
06/05/2017Case forwarded to Court  
06/05/2017Motion for Rehearing Motion for Rehearing filed on behalf of Red Deer Resources, LLC.
05/15/2017Motion 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 June 5, 2017
05/12/2017Motion for Extension of Time to File Motion for Rehearing Unopposed Motion for Extension of Time to file Motion or Rehearing filed on behalf of BP America Production Company.
04/28/2017Court approved judgment sent to attorneys of recordIssued 
04/28/2017Opinion issuedCourt of Appeals' judgment reversed & judgment renderedThe Court reverses the court of appeals' judgment and renders judgment. Justice Green delivered the opinion of the Court.
(4/28/2017 2:26:54 PM) 150569.pdf, 15-0569.jmt.pdf
02/10/2017Post submission brief filed Post-Submission Letter Brief filed on behalf of BP America Production Co.
02/02/2017Post submission brief filed Post-Submission Letter Brief filed on behalf of Red Deer Resources, LLC.
01/26/2017Motion to withdraw disposed ofFiling grantedMotion to Withdraw is granted.
01/26/2017Motion to Withdraw Filed Motion to Withdraw and Designation of Lead Counsel filed on behalf of BP America Production Co.
01/12/2017Oral argument  Argued on behalf of petitioner by Charles R. "Skip" Watson; Argued on behalf of respondent by Joe L. Lovell
01/11/2017Exhibits in case/cause filed Oral Argument Exhibits filed on behalf of BP America Production Company.
11/08/2016Submission resetCase set for oral argumentThis cause has been reset for oral argument at 9:00 a.m., January 12, 2017.  Time allotted to argue:  20/20 minutes
11/07/2016Electronic communication received from Party Emailed received from Counsel regarding rescheduling Oral Argument.
11/07/2016Electronic communication sent to Party Emailed counsel regarding rescheduling Oral Argument.
10/10/2016Oral Argument Submission Form from Attorney received Oral Arugment Submission Form filed on behalf of Red Deer Resources, LLC. Oral Argument will be presented by Joe Lovell of Lovell, Lovell, Isern & Farabough, L.L.P. of Amarillo, Texas.
09/09/2016Oral Argument Submission Form from Attorney received Oral Argument will be presented by Charles R. "Skip" Watson, Jr., with Locke Lord LLP of Austin, Texas, filed on behalf of BP America Production Company.
09/02/2016Response to Amicus Curiae Brief filed Response to Amicus Brief of Texas Oil and Gas Association filed on behalf of respondent, Red Deer Resources LLC.
09/02/2016Case set for oral argumentCase set for oral argumentThis case has been set for oral argument at 9:00 a.m., November 10, 2016.  Time allotted to argue:  20/20 minutes
09/02/2016Petition for Review granted  
09/02/2016Petition for Review disposedFiling granted 
08/11/2016Amicus Curiae Brief received Amicus Curiae Brief filed on behalf of Texas Oil and Gas Association.
06/01/2016Reply Brief Petitioner's Reply Brief on the Merits filed on behalf of BP America Production Company.
06/01/2016Motion for Extension of Time disposed.Filing grantedUnopposed Second Motion for Extension of Time to file Reply Brief on the Merits has been granted. NO FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED. Reply Brief is due on June 3, 2016.
06/01/2016Response to Motion filed Response to Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Red Deer Resources, LLC.
05/31/2016Electronic communication sent to Party Emailed counsel for respondent to determine if the motion was opposed.
05/31/2016Motion for Extension of Time to File Brief filed Second Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of BP America Production Company.
05/17/2016Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Reply Brief on the Merits is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Reply Brief is due May 31, 2016.
05/17/2016Motion 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 BP America Production Company.
05/03/2016Fully hyperlinked brief filed Hyperlinked Respondent's Brief on the Merits filed on behalf of Red Deer Resources, LLC.
05/02/2016Brief on the Merits Respondent's Brief on the Merits filed on behalf of Red Deer Resources, LLC.
04/11/2016Brief on the Merits Petitioner's Brief on the Merits filed on behalf of BP America Production Company.
03/25/2016Notice from attorney regarding vacation dates Vacation notice for respondent Red Deer Resources, LLC's counsel, Mr. Joe L. Lovell. He will be out May 13 thru June 6, 2016.
03/15/2016Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time is granted.  Petitioner's Brief on the Merits is due April 11, 2016.  Response Brief is due May 2, 2016.  Reply Brief is due May 17, 2016.
03/14/2016Motion for Extension of Time to File Brief filed Unopposed Third Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behalf of BP America Production Co.
02/09/2016Motion for Extension of Time disposed.Filing grantedSecond Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits is Granted. No further extensions of time will be considered. Petitioner's brief is due March 21, 2016; Respondent's brief is due April 11, 2016; and Reply brief is due April 26, 2016.
02/09/2016Motion for Extension of Time to File Brief filed Second Unopposed Motion for Extension of Time to file Petitioner's Brief on the Merits filed on behald of BP America Production Company.
01/14/2016Case Record Filed  Electronic Appellate Record received.
01/08/2016Motion for Extension of Time disposed.Filing grantedUnopposed Motion for Extension of Time to file Petitioner's Brief on the Merits, filed on behalf of Red Deer Resources, LLC, has been granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioner's Brief if due February 18, 2016. Response Brief is due March 9, 2016. Reply Brief is due March 24, 2016.
01/08/2016Motion 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 BP America Production Co.
12/29/2015Notice of Appearance Notice of Appearance of John Smithee filed on behalf of Red Deer Resources, LLC.
12/21/2015Record Requested in Petition for Review Record requested from the 7th 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.
11/24/2015Reply to Response Reply to Response to Petition for Review filed on behalf of Red Deer Resources, LLC.
11/16/2015MET to file reply disposed ofFiling grantedMotion for Extension of Time is granted.  Reply is due November 24, 2015.
11/16/2015Motion to Extend Time to File Reply filed Unopposed Motion for Extension of Time to file Reply filed on behalf of BP America Production Co.
11/02/2015Response to Petition Response to Petition for Review filed on behalf of Red Deer Resources, LLC.
10/02/2015Supreme Court of Texas Requested Response Response Requested to Petition for Review due no later than November 2, 2015.
09/01/2015Case forwarded to Court  
08/31/2015Response Waiver filed Response waiver filed on behalf of Red Deer Resources, LLC.
07/31/2015Petition for Review Petition for Review filed on behalf of BP America Production Company.
Calendars
Set DateCalendar TypeReason SetRemarks
09/25/2017StatusCase to be stored 
Parties
PartyPartyTypeRepresentative
Brady, Danna Kay ArcherAmicus CuriaeMs. Danna Kay Archer Brady
McCown, JamesAmicus CuriaeMs. Gloria Leal
Scharbauer, ChrisAmicus CuriaeMr. Robert Park
Mr. Arthur G. Uhl III
Peyton, Bailey Amicus CuriaeMr. Bailey Peyton
Snell, III, George A.Amicus CuriaeMr. George A. Snell III
BP America Production CompanyPetitionerMr. Robert C. Vartabedian
Mr. Richard B. Phillips Jr.
Mr. John Ben Blanchard
Mr. Conrad D. Hester
Mr. Michael A. Hatchell
Mr. Charles R. 'Skip' Watson Jr.
North Plains Groundwater Conservation DistrictAmicus CuriaeMr. F. Keith Good
Texas Oil and Gas AssociationAmicus CuriaeMr. Scott A. Brister
Saunders, III, Howard F. (Buddy)Amicus CuriaeMr. Howard F. (Buddy) Saunders III
Jaten Oil CompanyAmicus CuriaeMr. Edward L. Morris
State Representative Ken KingAmicus CuriaeMr. Ken King
The Texas and Southwestern Cattle Raisers AssociationAmicus CuriaeMr. Robert Park
Mr. Arthur G. Uhl III
Price, Four Amicus CuriaeMr. Four Price
Ladd, ThomasAmicus CuriaeMs. Gloria Leal
Panhandle Groundwater Conservation DistrictAmicus CuriaeMs. Monique Milisci Norman
Canadian River Municipal Water AuthorityAmicus CuriaeMr. Douglas G. Caroom
Henry, Clayton M.Amicus CuriaeMr. Clayton M. Henry
McMordie, CharlesAmicus CuriaeMr. Marty L. Rowley
Red Deer Resources, LLCRespondentMr. John T. Smithee
Mr. Joe L. Lovell
Mr. Brian W. Farabough
Ms. Courtney D'lynn Miller
Mr. John H. Lovell
Pickens, T. BooneAmicus CuriaeMr. T. Boone Pickens
Texas Land and Mineral Owners AssociationAmicus CuriaeMr. John B. McFarland
Ms. Mary A. Keeney
Court of Appeals Information:
Affirmed  
466 SW3d 335, 05-18-15 
7th Court of Appeals 
Honorable James T. Campbell 
Trial Court Information
31st District Court 
Lipscomb 
Honorable John B. Board 
12-08-4372 
 
 

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