Opinion
04-23-01067-CV
12-08-2023
IN RE MESILLA VALLEY TRANSPORTATION and Robert Stowbridge
This proceeding arises out of Cause No. 2022-CI-17679, styled John Rudd vs. Mesilla Valley Transportation and Robert Stowbridge, pending in the 288th Judicial District Court, Bexar County, Texas, the Honorable Mary Lou Alvarez presiding.
Sitting: Irene Rios, Justice Beth Watkins, Justice Lori I. Valenzuela, Justice
ORDER
PER CURIAM
On December 6, 2023, relators filed a petition for writ of mandamus and an emergency motion to stay a discovery order from the underlying proceeding pending our final resolution of the petition for writ of mandamus. This court believes a serious question concerning the mandamus relief sought requires further consideration. See TEX. R. APP. P. 52.8(B). THE RESPONDENT AND THE REAL PARTY IN INTEREST MAY FILE A RESPONSE TO THE PETITION IN THIS COURT no later than December 28, 2023. Any such response must conform to Texas Rule of Appellate Procedure 52.4.
Relators' motion for emergency relief is GRANTED IN PART. The following portions of the decretal paragraphs in the trial court's "Order on Plaintiff's Motion to Compel Defendants', Mesilla Valley Transportation and Robert Stobridge (sic), Responses to Plaintiff's First Set of Interrogatories, First Sets of Requests for Production and Second Set of Requests for Production" signed on December 6, 2023, are STAYED pending further order of this court:
The Court's (sic) rules as follows:
Regarding Plaintiff's First Set of Interrogatories to Defendant, Mesilla Valley Transportation . . . [a]s to Interrogatory 9, Defendant's objections are overruled. However, the court limits the time period covered in Interrogatory 9 to July 12, 2017-Present, and the court limits the Interrogatory 9 to only include lawsuits for personal injury matters involving truck wrecks. ....
Regarding Plaintiff's Second Set of Request for Production to Defendants, Mesilla Valley Transportation and Robert Stowbridge, Defendants' objections are overruled as to Request 1 .... With regard to Request 1, Counsel for the parties shall confer on the logistics of the production of the cell phone. If an agreement cannot be reached, the Court will consider the issue at a contested Motion to Enter hearing. Plaintiff's forensic examiner, Flashback Data, LLC, must return Robert Stowbridge's Cell phone to counsel for Robert Stowbridge within 48 hours of receipt of Robert Stowbridge's cell phone.
It is further ORDERED that the production deadline of December 11, 2023 at 5:00pm, as it relates to the above-recited portions of the decretal paragraphs, is STAYED pending further order of this court.
The remainder of the trial court's order signed on December 6, 2023 remains in effect.
It is so ORDERED