Opinion
01-23-00708-CV
10-10-2023
In re OxyVinyls, LP
Trial court: 164th District Court of Harris County, Trial court case number: 2022-09148
ORDER
April Farris Judge
On October 2, 2023, relator OxyVinyls, LP filed a petition for a writ of mandamus. In the mandamus petition, relator contends that it is entitled to "mandamus relief from the trial court's refusal to rule on Oxy's Motion to Compel [A]rbitration, despite repeated requests by Oxy for a ruling on that motion." Relator therefore requests that the Court issue a writ of mandamus directing the trial court to "promptly [] rule on Oxy's Motion to Compel Arbitration."
In connection with its petition for writ of mandamus, relator filed a "Motion for Temporary Relief and Stay of Trial Court Proceedings." In its motion, relator requests a "stay of all trial court proceedings" pending the Court's review of the petition for writ of mandamus. Relator states that the stay is necessary to "maintain the status quo of the parties and preserve the Court's jurisdiction," as "the discovery deadline in this case is October 13, 2023, and trial is currently set for November 13, 2023." Despite these impending deadlines, relator contends that the "trial court has refused to rule" on its motion to compel arbitration "which was filed months ago, on April 18, 2023."
Relator's motion includes a certificate of conference stating that real party in interest, Kevin A. Williams, is opposed to the relief requested in the motion.
Relator's motion for temporary relief is granted in part. See Tex. R. App. P. 52.10. Pending this Court's consideration of relator's petition for writ of mandamus, the November 13, 2023 trial setting and all discovery in trial court case number 2022-09148 is stayed. This stay is effective until disposition of relator's petition for writ of mandamus or further order of this Court.
We further request a response to the petition for writ of mandamus from the real party in interest, Kevin A. Williams. The response, if any, is due to be filed with this Court no later than twenty days following the date of this order.
It is so ORDERED.