Supreme Court

Case: 15-0790    
15-0790
10/12/2015
Petition for Review/Cause under Rule 53.1
D MAGAZINE PARTNERS, L.P. D/B/A D MAGAZINE, MAGAZINE LIMITED PARTNERS, L.P., AND ALLISON MEDIA, INC. 
JANAY BENDER ROSENTHAL 
Appellate Briefs
Date Event TypeDescriptionRemarksDocument
05/16/2017Amicus Curiae Letter ReceivedReceived (instead of filed)Amicus Letter supporting the Petitioners’ Motion for Rehearing filed on behalf of Reporters Committee for Freedom of the Press, et al. Submitted by Marc A. Fuller of Vinson & Elkins LLP of Dallas, Texas.
05/03/2017Motion for RehearingPetitioner's motion for rehearing of cause filedMotion for Rehearing filed on behalf of D Magazine, L.P., et al.
06/02/2016Amicus Curiae Brief receivedReceived (instead of filed)Brief of Amicus Curiae filed on behalf of Texas Press Associaiton, et al.  Submitted by Marc A. Fuller with Vinson & Elkins LLP of Dallas, Texas.
05/31/2016Amicus Curiae Letter ReceivedReceived (instead of filed)Amicus Curiae Letter filed on behalf of Layne S. Keele.
05/19/2016Reply BriefPetitionerPetitioner's Reply Brief on the Merits filed on behalf of D Magazine Partners, L.P., et al.
04/27/2016Brief on the MeritsRespondentRespondent's Brief on the Merits filed on behalf of Janay Bender Rosenthal.
04/04/2016Brief on the MeritsPetitionerPetitioners' Brief on the Merits filed on behalf D Magazine Partners, L.P., et al.
02/03/2016Reply to ResponsePetitionerReply in support of Petition for Review. On behalf of D Magazine Partners, L.P., et al.
01/19/2016Response to PetitionRespondentResponse to Petition for Review, filed on behalf of Janay Bender Rosenthal.
10/12/2015Petition for ReviewPetitionerPetition for Review filed on behalf of D Magazine Partners, LP.
Case Events
DateEvent TypeDispositionRemarksDocument
09/29/2017Corrected opinionIssued 
09/29/2017Motion for Rehearing - DisposedDenied(9/29/2017 5:27:23 PM) 150790cx.pdf
05/16/2017Amicus Curiae Letter Received Amicus Letter supporting the Petitioners’ Motion for Rehearing filed on behalf of Reporters Committee for Freedom of the Press, et al. Submitted by Marc A. Fuller of Vinson & Elkins LLP of Dallas, Texas.
05/03/2017Case forwarded to Court  
05/03/2017Motion for Rehearing Motion for Rehearing filed on behalf of D Magazine, L.P., et al.
03/28/2017Motion for Extension of Time to File Motion for Rehearing disposedFiling grantedUnopposed Motion for Extension of Time to file Petitioner's Motion for Rehearing is granted. FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED. Motion for Rehearing is due May 3, 2017.
03/28/2017Call received Call received from petitioner's counsel's office inquiring after status of m/e/t to file motion for rehearing.
03/27/2017Motion for Extension of Time to File Motion for Rehearing Unopposed Motion for Extension of Time to file Petitioner's Motion for Rehearing filed on behalf of D Magazine Partners, L.P., et al.
03/20/2017Notice from Counsel of a change in address Change of address of respondent's counsel, Mr. John DeFeo, filed on behalf of Janay Bender Rosenthal.
03/17/2017Court approved judgment sent to attorneys of recordIssued 
03/17/2017Concurring Opinion issued.IssuedJustice Guzman delivered a concurring opinion.
03/17/2017Opinion issuedCourt affirms in part and reverses in part CA judgment and remands to trial courtThe Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court.  Justice Lehrmann delivered the opinion of the Court.
(3/17/2017 4:45:19 PM) 150790c.pdf, 150790.pdf, 15-0790.jmt.pdf
11/11/2016Notice from attorney regarding vacation dates Respondent's attorney, Mr. John DeFeo, will be on vacation for the following dates: November 22-25, 2016; December 19, 2016 - January 2, 2017; and February 1-3, 2017.
10/04/2016Oral argument  Argued on behalf of petitioner by Jason P. Bloom; Argued on behalf of respondent by John DeFeo
09/12/2016Oral Argument Submission Form from Attorney received Oral Argument Submission Form filed on behalf of Janay Bender Rosenthal. Oral Argument will be presented by John DeFeo of John DeFeo & Associates, PLLC of Dallas, Texas.
09/06/2016Oral Argument Submission Form from Attorney received Oral Argument Submission Form filed on behalf of D Magazine Partners, L.P., et al. Oral Argument will be presented by Jason P. Bloom of Haynes and Boone, LLP of Dallas, Texas.
09/02/2016Case set for oral argumentCase set for oral argumentThis cause has been set for oral argument at 9:00 a.m., October 4, 2016.  Time allotted to argue:  20/20 minutes
06/28/2016Notice from attorney regarding vacation dates Vacation Notice for respondent's counsel, John DeFeo, filed on behalf of Janay Bender Rosenthal.
06/24/2016Petition for Review granted  
06/24/2016Petition for Review disposedFiling grantedThe date and time for oral argument are yet to be determined.
06/02/2016Amicus Curiae Brief received Brief of Amicus Curiae filed on behalf of Texas Press Associaiton, et al.  Submitted by Marc A. Fuller with Vinson & Elkins LLP of Dallas, Texas.
05/31/2016Amicus Curiae Letter Received Amicus Curiae Letter filed on behalf of Layne S. Keele.
05/19/2016Reply Brief Petitioner's Reply Brief on the Merits filed on behalf of D Magazine Partners, L.P., et al.
05/09/2016Case Record Filed  Electronic Appellate Record received.
05/06/2016Motion for Extension of Time disposed.Filing grantedUnopposed Motion for Extension of Time to file Petitioners' Reply Brief on the Merits is Granted. Further requests for extensions of time will be disfavored. Reply brief is due May 19, 2016.
05/05/2016Motion for Extension of Time to File Brief filed Unopposed Motion for Extension of Time to file Petitioner's Reply Brief on the Merits filed on behalf of D Magazine Partners, L.P., et al.
05/04/2016Call received Received call from respondent's attorney regarding her struck document.
04/28/2016Call received Received call from respondent's attorney regarding her struck document.
04/27/2016Brief on the Merits Respondent's Brief on the Merits filed on behalf of Janay Bender Rosenthal.
04/21/2016Motion for Extension of Time disposed.Filing grantedUnopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Janay Bender Rosenthal has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Respondent's brief is due April 27, 2016; Reply brief is due May 12, 2016.
04/21/2016Motion for Extension of Time to File Brief filed Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits filed on behalf of Janay Bender Rosenthal.
04/04/2016Brief on the Merits Petitioners' Brief on the Merits filed on behalf D Magazine Partners, L.P., et al.
03/16/2016Motion for Extension of Time disposed.Filing grantedUnopposed Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of D Magazine Partners, L.P., et al. has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Petitioners' brief is due April 4, 2016; Respondent's brief is due April 25, 2016; Reply brief is due May 10, 2016.
03/16/2016Motion for Extension of Time to File Brief filed Unopposed Motion for Extension of Time to file Petitioners' Brief on the Merits filed on behalf of D Magazine Partners, L.P., et al.
02/19/2016Record Requested in Petition for Review Record requested from the 5th COA
02/19/2016Brief on the Merits Requested Brief on the Merits Requested: Petitioner’s brief due no later than March 21, 2016, Response brief due April 11, 2016, Reply brief due April 26, 2016.
02/03/2016Reply to Response Reply in support of Petition for Review. On behalf of D Magazine Partners, L.P., et al.
01/19/2016Response to Petition Response to Petition for Review, filed on behalf of Janay Bender Rosenthal.
12/07/2015Motion 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 Janay Bender Rosenthal has been granted. FURTHER REQUESTS FOR EXTENSION OF TIME FOR THIS FILING WILL BE DISFAVORED. Response is due January 18, 2016.
12/07/2015Motion for Extension of Time to File Response Unopposed Motion for Extension of Time to file Response to Petition for Review, filed on behalf of Janay Bender Rosenthal.
12/04/2015Supreme Court of Texas Requested Response Requested Response to Petition for Review due no later than January 4, 2016.
10/27/2015Case forwarded to Court  
10/20/2015Response Waiver filed Waiver of Response to Petition for Review, filed on behalf of Janay Bender Rosenthal.
10/12/2015Petition for Review Petition for Review filed on behalf of D Magazine Partners, LP.
Calendars
Set DateCalendar TypeReason SetRemarks
09/29/2017StatusCase to be stored 
Parties
PartyPartyTypeRepresentative
Magazine Limited Partners, L.P.PetitionerMr. Jason Patrick Bloom
Mr. Thomas J. Williams
Mr. Allen Ryan Paulsen  
Texas Press AssociationAmicus CuriaeMr. Thomas S. Leatherbury
Mr. Marc A. Fuller
Rosenthal, Janay BenderRespondentMr. John E. Defeo
Keele, Layne S.Amicus CuriaeMr. Layne Steven Keele
Allison Media, Inc.PetitionerMr. Thomas J. Williams
Mr. Allen Ryan Paulsen  
Mr. Jason Patrick Bloom
D Magazine Partners, L.P. d/b/a D MagazinePetitionerMr. Allen Ryan Paulsen  
Mr. Jason Patrick Bloom
Mr. Thomas J. Williams
Court of Appeals Information:
Affirmed  
475 SW3d 470, 08-28-15 
5th Court of Appeals 
Honorable Lana Rolf Myers 
Trial Court Information
134th District Court 
Dallas 
Honorable Dale B. Tillery 
DC-14-01346 
 
 

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