Saturday, July 19, 2014

For Those Following the Randoll Mill Pharmacy/Stacey and Randy Miller Litigation in Texas States Case Here is the docket--Texas Pharmacy Association, alliance of Independent Pharmacist of Texas, etc. Brief Indicates the appellate case has a huge impact on compounding pharmacies if it stands as is and the Texas Supreme Court doesn't Review and Overrule it.

Case Information:
13-1014 
12/20/2013 
Petition for Review under Tex. R. App. P. 53.1 
RANDOLL MILL PHARMACY, KVG ENTERPRISES, INC., GARY G. DALEY, JOHN WAYNE BAILEY, JAMES ROBERT FORSYTHE, KEVIN LYNN HEIDE, JULIE KNOWLTON LUBBERT AND CARA MORRELL 
STACEY MILLER AND RANDY MILLER 

Appellate Briefs:
Date Event TypeDescriptionRemarksDocument
07/16/2014Brief filedPetitionerPetitioner's Brief on the Merits filed on behalf of Randoll Mill Pharmacy.
05/15/2014Surreply FiledRespondentRespondents, Stacey and Randy Miller, Sur-Reply to Petitioner's Reply to Petition.
04/29/2014Reply filedPetitionerReply to Petition filed on behalf of Randoll Mill Pharmacy.
03/31/2014Response to Petition for Review filedRespondentResponse to Petition for Review filed on behalf of Stacey Miller, et al.
02/12/2014Amicus Curiae Brief receivedReceived (instead of filed)Brief of Amicus Curiae filed on behalf of Alliance of Independent Pharmacists - Texas, et al.
02/10/2014Amicus Curiae Brief receivedReceived (instead of filed)Amicus Brief of Texas Pharmacy Association.  Submitted by Mark A. Keene, KEENE & SEIBERT, P.C. , 2700 Bee Cave Road, Suite 120 , Austin, Texas 78746 , Telephone: (512) 343-6248.
01/06/2014Amicus Curiae Brief receivedReceived (instead of filed)Brief of Amicus Curiae of Southwest Pharmacy Solutions d/b/a American Pharmacies in Support of the Petitioners, submitted by Mr. Miguel S. Rodriguez, Taylor Dunham LLP, 301 Congress Avenue, Suite 1050, Austin, TX  78701, Phone (512) 473-2257, Fax (512) 478-4409.  (HARD COPIES REC'D)
12/20/2013Petition for Review filedPetitionerPetition for Review filed on behalf of Randoll Mill Pharmacy, et al.  (HARD COPIES REC'D)

Case Events:
DateEvent TypeDescriptionDispositionRemarksDocument
07/16/2014Brief filedPetitioner Petitioner's Brief on the Merits filed on behalf of Randoll Mill Pharmacy.
06/09/2014Motion for Extension of Time disposed.PetitionerFiling grantedMotion to Extension of Time to file Petitioners' Brief on the Merits is granted. Further requests for extensions of time for this filing will be disfavored. Pets' Brief due July 16, 2014; Respose Brief due August 5, 2014; Pets' Reply Brief due August 20, 2014.
06/09/2014Motion for extension of time to file brief.  Unopposed Motion for Extension of Time to file Respondent's Brief on the Merits. On behalf of Stacey Miller, et al.
05/19/2014Case Record Filed Clerk of the Court of Appeals Electronic Appellate Record received.
05/19/2014Record Requested in Petition for Review  Record requested from the 2nd COA
05/16/2014Brief on the Merits RequestedIndicates filing of Petition for Review Briefing on the merits requested: Petitioner's brief due no later than 6/16/14; Response brief due 7/7/14; Reply brief due 7/22/14.
05/15/2014Motion for leave to file briefRespondent Motion to Leave to file Sur-Reply filed on behalf of Stacey and Randy Miller.
05/15/2014Surreply FiledRespondent Respondents, Stacey and Randy Miller, Sur-Reply to Petitioner's Reply to Petition.
04/29/2014Reply filedPetitioner Reply to Petition filed on behalf of Randoll Mill Pharmacy.
04/10/2014MET to file reply disposed ofPetitionerFiling grantedReply due 04/29/14.
04/10/2014Motion to extend time to file replyPetitioner Unopposed Motion for Extension of Time to File Reply in Support of Petition for Review filed on behalf of Randoll Mill Pharmacy, et al.
03/31/2014Response to Petition for Review filedRespondent Response to Petition for Review filed on behalf of Stacey Miller, et al.
03/20/2014Motion for Extension of Time to File Response disposedRespondentFiling grantedMotion for Extension of Time is granted.  Response is due March 31, 2014.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/20/2014Motion for Extension of Time to File ResponseRespondent Unopposed Motion for Extension of Time to file Response filed on behalf of Stacey Miller.
02/21/2014Supreme Court of Texas Requested ResponseIndicates filing of Petition for Review Requested response to petition for review due no later than 3/24/14.
02/19/2014Response to Motion filedAmicus Curiae  Amicus Curiae Texas Pharmacy Association’s Response to Respondents Stacey & Randy Miller's Motion to Strike or Return Amicus Curiae Brief
02/18/2014Call receivedAmicus Curiae  Attorney Keene will be e-filing a response to the motion to strike as soon as possible.
02/14/2014Motion to Strike filedRespondent Respondents’ Motion to Strike or Return Amicus Curiae Brief of Texas Pharmacy Association. On behalf of Stacey Miller and Randy Miller.
02/12/2014Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amicus Curiae filed on behalf of Alliance of Independent Pharmacists - Texas, et al.
02/10/2014Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief of Texas Pharmacy Association.  Submitted by Mark A. Keene, KEENE & SEIBERT, P.C. , 2700 Bee Cave Road, Suite 120 , Austin, Texas 78746 , Telephone: (512) 343-6248.
01/21/2014Case forwarded to Court   
01/17/2014Response to Petition for Review waivedRespondent Response Waiver and Designation of Michael W. Minton as lead counsel filed on behalf of Stacey and Randy Miller.
01/06/2014Amicus Curiae Brief receivedReceived (instead of filed) Brief of Amicus Curiae of Southwest Pharmacy Solutions d/b/a American Pharmacies in Support of the Petitioners, submitted by Mr. Miguel S. Rodriguez, Taylor Dunham LLP, 301 Congress Avenue, Suite 1050, Austin, TX  78701, Phone (512) 473-2257, Fax (512) 478-4409.  (HARD COPIES REC'D)
12/27/2013Call receivedPetitioner Spoke with Erin Lunceford and she will resubmit the corrected petition for review on Monday morning.
12/27/2013Phone call from Clerk's Office  Left message with Erin Lunceford. We received two courtesy copies of the petition for review, along with $145 check. The petition for review is still rejected because the appendix did not contain the trial court judgment and court of appeals judgment. Asked her efile and resubmit the corrected petition for review along with the filing fee.
12/20/2013Petition for Review filedPetitioner Petition for Review filed on behalf of Randoll Mill Pharmacy, et al.  (HARD COPIES REC'D)

Calendars:
Set DateCalendar TypeReason SetRemarks
01/21/2014Work-Up by Staff / Review by JusticesUnder Review 
02/14/2014Motion being reviewed by CourtMiscellaneous Motionresps' mo/strike amicus
05/15/2014Motion being reviewed by CourtMiscellaneous Motionresps' m/l/f sur-reply
08/05/2014StatusRespondent/Real party in interest brief on the merit due 
08/20/2014StatusPet/Rel reply brief on the merits due 

Parties:
PartyPartyTypeRepresentative
Southwest Pharmacy SolutionsAmicus CuriaeMr. Miguel S. Rodriguez
Randoll Mill PharmacyPetitionerMs. Erin E. Lunceford
Ms. Michele Quattlebaum
Miller, StaceyRespondentMr. Robert G. "Greg" Fitzgerald
Mr. Michael W. Minton
Texas Pharmacy AssociationAmicus CuriaeMr. Mark A. Keene
Alliance of Independent Pharmacists - TexasAmicus CuriaeMr. Jay B. Stewart
Mr. E. Lee Parsley  

Court of Appeals Case Information:
Affirmed  
___SW3d___, 09-19-13 
2nd Court of Appeals 

Court of Appeals Judge:
Honorable Sue Walker 

Trial Court Information:
348th District Court 
Tarrant 
Honorable Dana Womack 
348-259573-12 
 
  

No comments: