Supreme Court

Case: 15-0717    
15-0717
09/18/2015
Petition for Review/Cause under Tex. R. App. P. 59.1
LUZ CHAVEZ, INDIVIDUALLY, AS REPRESENTATIVE OF THE ESTATES OF RUDOLPH CHAVEZ, SR. (DECEASED) AND RUDOLPH CHAVEZ, JR. (DECEASED), AND AS NEXT FRIEND OF J.C., A MINOR, DARLENE CHAVEZ, ALLEN CHAVEZ, FRANCISCO CHAVEZ, AND CELIA CHAVEZ 
KANSAS CITY SOUTHERN RAILWAY COMPANY AND JOSE JUAREZ 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
02/06/2017Reply BriefPetitionerReply Brief on the Merits filed on behalf of Luz Chavez, et al.
12/21/2016Brief on the MeritsRespondentRespondents' Brief on the Merits filed on behalf of Kansas City Southern Railway Company, et al.
12/01/2016Brief on the MeritsPetitionerPetitioners' Brief on the Merits filed on behalf of Luz Chavez, et al.
06/30/2016Reply to ResponsePetitionerReply in support of Petition for Review filed on behalf of  Luz Chavez, individually, et al.
05/13/2016Response to PetitionRespondentResponse to Petition for Review filed on behalf of Kansas City Southern Railway Company, et al.
12/06/2015Petition for ReviewPetitionerPetition for Review filed on behalf of Luz Chavez, et al.
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 issuedCourt of Appeals' judgment reversed; cause remanded to trial courtPursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.
(5/26/2017 3:41:59 PM) 150717.pdf, 15-0717.jmt.pdf
05/26/2017Petition for Review disposedPetition granted pursuant to TRAP 59.1 
05/26/2017Petition for Review granted under TRAP 59.1  
02/07/2017Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file reply Brief on the Merits has been granted. Reply Brief was filed on February 7, 2017.
02/07/2017Electronic communication sent to Party Emailed counsel for respondent to determine if a response will be filed.
02/06/2017Motion for Extension of Time to File Brief filed Motion for Extension of Time to file Reply Brief on the Merits filed on behalf of Luz Chavez, et al.
02/06/2017Reply Brief Reply Brief on the Merits filed on behalf of Luz Chavez, et al.
12/21/2016Brief on the Merits Respondents' Brief on the Merits filed on behalf of Kansas City Southern Railway Company, et al.
12/02/2016Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Petitioners' Brief on the Merits is granted. Petitioners' Brief on the Merits was filed on December 1, 2016. The Response Brief is due December 21, 2016; Petitioners' Reply Brief is due January 5, 2017.
12/02/2016Electronic communication received from Party Respondents' counsel does not oppose Motion for Extension of Time to file Brief on the Merits.
12/01/2016Brief on the Merits Petitioners' Brief on the Merits filed on behalf of Luz Chavez, et al.
12/01/2016Electronic communication sent to Party Email sent to Mr. Merritt Clements inquiring whether a Respone to the Extension of Time Request will be filed.
12/01/2016Motion for Extension of Time to File Brief filed Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of Luz Chavez, et al.
11/29/2016Call received Mr. Alvarado will be filing the petitioner's brief on the merits, along with a motion for extension of time to file brief today.
11/22/2016Call received Mr. Mark Alvarado intends to file petitioner's brief on the merits by Monday, November 28, 2016, along with a motion for extension of time.
11/22/2016Phone call from Clerk's Office Left voice mail message for Mr. Mark Alvarado inquiring about petitioner's brief on the merits.
11/21/2016Call received Respondent inquired about the status of petitioner's brief on the merits.
10/19/2016Motion for Extension of Time disposed.Filing grantedMotion 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 November 2, 2016; Respondent's brief is due November 22, 2016; and Reply brief is due December 7, 2016.
10/18/2016Response to Motion filed Response to Petitioners' Motion for Extension of Time to file Brief on the Merits filed on behalf of Kansas City Southern Railway Company, et al.
10/18/2016Electronic communication received from Party Mr. Merritt Clements will file a written response in opposition to the motion for extension of time to file petitioners' brief on the merits no later than today.
10/18/2016Electronic communication sent to Party Email sent to Mr. Merritt Clements asking if he intended to file a written response in opposition to the motion for extension of time to file petitioners' brief on the merits.
10/17/2016Motion 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 Luz Chavez, et al.
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
07/07/2016Letter Filed Letter Filed regarding correction to Petitioner's Attorneys.
07/05/2016Amendment to Motion filed  Amended Motion for Extension of Time to file Reply filed on behalf of Luz Chaves, individually, et al.
07/05/2016MET to file reply disposed ofFiling grantedMotion for Extension of Time to file Reply is granted. Reply was filed in our office on June 30, 2016.
07/01/2016Response to Motion filed Response to Petitioner's Motion for Extension of Time to file Reply filed on behalf of Kansas City Southern Railway Company, et al.
06/30/2016Electronic communication received from Party Mr. Clements replied that the motion is opposed and a response will be filed.
06/30/2016Electronic communication sent to Party Messaged Mr. Clements, counsel for respondent, to determine if motion is opposed.
06/30/2016Motion to Extend Time to File Reply filed Motion for Extension of Time to file Reply filed on behalf of Luz Chavez, individually, et al.
06/30/2016Reply to Response Reply in support of Petition for Review filed on behalf of  Luz Chavez, individually, et al.
06/29/2016Case Record Filed  Electronic Appellate Record received.
06/21/2016Record Requested in Petition for Review Record requested from the 4th COA
05/13/2016Response to Petition Response to Petition for Review filed on behalf of Kansas City Southern Railway Company, et al.
04/14/2016Motion for Extension of Time disposed.Filing grantedMotion for Extension of Time to file Response is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Requested Response is due May 13, 2016.
04/14/2016Motion for Extension of Time to File Response Unopposed Motion for Extension of Time to file Response to Petition for Review filed on behalf of Kansas City Southern Railway Company, et al.
04/13/2016Phone call from Clerk's Office To Mr. Merritt Clements office - spoke to Mr. Clements and informed him of his deadline of 3/14/16 for a response to the petition for review.
02/12/2016Supreme Court of Texas Requested Response Requested response to petition for review due no later than March 14, 2016.
01/12/2016Case forwarded to Court  
12/11/2015Third Motion for Extension of Time to File Petition for Review disposedFiling grantedThird Motion for Extension of Time to file Petition for Review filed on behalf of Luz Chavez, et al. has been granted. Petition for Review was filed December 6, 2015.
12/09/2015Response to Motion filed Response to Opposed Third Motion for Extension of Time to file Petition for Review filed on behalf of Kansas City Southern Railyway Co.
12/09/2015Response Waiver filed Response Waiver filed on behalf of Kansas City Southern Railway Co.
12/07/2015Phone call from Clerk's Office Called Mr. Clements, counsel for respondent, to determine if motion is opposed. Mr. Clements replied motion is opposed and a response will be filed.
12/06/2015Petition for Review Petition for Review filed on behalf of Luz Chavez, et al.
12/06/2015Third Motion for Extension of Time to File Petition for Review filed Third Motion for Extension of Time to file Petition for Review filed on behalf of Luz Chavez, et al.
11/04/2015Second Motion for Extension of Time to File Petition for Review disposedFiling grantedSecond Motion for Extension of Time to file Petition for Review is Granted. Further requests for extensions of time will be disfavored. Petition for Review is due November 20, 2015.
10/22/2015Response to Motion filed Response to Second Motion for Extension of Time to file Petition for Review filed on behalf of Kansas City Southern Railway Co.
10/22/2015Phone call from Clerk's Office Spoke with assistant to  Mr. Clements and she stated that respondents will be filing a written response in opposition to the second motion for extension of time to file petition for review.
10/21/2015Second Motion for Extension of Time to File Petition for Review filed Second Opposed Motion for Extension of Time to file Petition for Review filed on behalf of Luz Chavez, et al.
09/21/2015Motion 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 Luz Chavez et al. has been granted. Petition for Review is due October 21, 2015.
09/18/2015Motion 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 Luz Chavez et al.
Calendars
Set DateCalendar TypeReason SetRemarks
07/24/2017Case StoredCase stored.e-stored
Parties
PartyPartyTypeRepresentative
Chavez, DarlenePetitionerMr. Mark Alvarado
Juarez, JoseRespondentMr. Donato D. Ramos
Mr. Merritt M. Clements
Chavez, LuzPetitionerMr. Mark Alvarado
Chavez, CeliaPetitionerMr. Mark Alvarado
Wagner, MatthewOther interested party Matthew J. Wagner
Kansas City Southern Railway CompanyRespondentMr. Donato D. Ramos
Mr. Merritt M. Clements
Watson, LynnIntervenorMs. Juanita Lynn Watson  
Chavez, AllenPetitionerMr. Mark Alvarado
Chavez, FranciscoPetitionerMr. Mark Alvarado
Court of Appeals Information:
Affirmed  
518 SW3d 33, 06-17-15 
4th Court of Appeals 
Honorable Marialyn Price Barnard 
Trial Court Information
406th District Court 
Webb 
Honorable Oscar J. Hale 
2007-CVE-000347-D4 
 
 

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