Opinion
No. 10-20-00144-CV
11-24-2020
IN RE METROPOLITAN WATER COMPANY, LP, METROPOLITAN WATER COMPANY OF TEXAS, LLC, AND W. SCOTT CARLSON
Original Proceeding
From the 21st District Court Burleson County, Texas
Trial Court No. 29,386
MEMORANDUM OPINION
Relators' Petition for Writ of Mandamus, filed on June 11, 2020, is denied.
In reaching the decision to deny the Petition for Writ of Mandamus which was sought to limit the scope of the discovery responses required, we note that the Relators have argued that the Real Parties in Interest have circumscribed the scope of their request in an exhibit presented for oral argument. The Relators argue that the discovery requested as described within that exhibit is not nearly as broad as the scope in the Real Parties in Interest original request or as ordered by the Respondent in the discovery order that is the subject of this proceeding. This Court takes no position on whether the exhibit presents a more narrow discovery request than the trial court's order. Our decision is limited to review of the trial court's order based upon what was in front of the trial court at that time. But to the extent that the parties can use that exhibit as a tool to work towards producing the appropriate discovery without further judicial involvement they are encouraged to do so. Moreover, we note that no discovery that the parties agree is properly within the scope of discovery should be withheld while disputes about other discovery requests might have to be resolved through a judicial determination.
REX. D. DAVIS
Justice Before Chief Justice Gray, Justice Davis, and Justice Neill
Petition for writ of mandamus denied
Opinion delivered and filed November 24, 2020
[OT06]