Opinion
NO. 09-19-00285-CV
08-28-2019
IN RE SAM HOUSTON ELECTRIC COOPERATIVE, INC.
Original Proceeding 253rd District Court of Liberty County, Texas
Trial Cause No. CV1510279
ORDER
Before the Court is a petition for writ of mandamus filed by relator Sam Houston Electric Cooperative, Inc. regarding an order entered by the trial court that requires relator to produce each member of its board of directors for deposition. The real parties in interest are Joe D. Berry, individually and for the benefit of the surviving heirs and children of Lester B. Berry, et al., plaintiffs in the underlying wrongful death lawsuit ("Berry"). Relator seeks a writ of mandamus compelling the Honorable Chap B. Cain, III to (1) vacate his order of August 7, 2019, that granted the motion to compel filed by the real parties in interest and required relator to produce each of the nine members of its board of directors for deposition and (2) grant relator's motion for protective order from the depositions of its board of directors. Relator has also filed an application for emergency relief. We note our jurisdiction over this matter and the parties. See Tex. Gov't Code Ann. § 22.221 (West Supp. 2018).
Relator alleges that the trial court's order constitutes an abuse of discretion because it compels the board of directors "to sit for deposition without any showing of unique or superior knowledge and without Berry conducting any less intrusive discovery methods." Relator further asserts that permitting depositions of the individual board members would be unduly burdensome, expensive, and offer Berry the opportunity to harass and annoy relator in violation of the Texas Rules of Civil Procedure.
The Court finds that temporary relief is necessary to prevent undue prejudice. It is ORDERED that the trial court's order of August 7, 2019, compelling relator to produce the members of its board of directors for deposition, is STAYED until further orders of this Court. See Tex. R. App. P. 52.10(b). No bond is required of the relator as a condition to any relief herein granted. The response of the real parties in interest is due September 6, 2019.
MOTION FOR TEMPORARY RELIEF GRANTED.
ORDER ENTERED August 28, 2019.
PER CURIAM Before McKeithen, C.J., Kreger and Johnson, JJ.