Opinion
NO. 09-16-00062-CV
02-29-2016
IN RE UNION PACIFIC RAILROAD COMPANY
Original Proceeding 60th District Court of Jefferson County, Texas
Trial Cause No. B-194,123
ORDER
Union Pacific Railroad Company filed a petition for writ of mandamus. The relator is a defendant in Cause No. B-194,123, Grant, et al. v. Union Pacific Railroad Company, et al. Relator seeks a writ compelling the Honorable Gary Sanderson, Judge of the 60th District Court, to vacate its order that Relator designate and produce a corporate representative to be deposed concerning Relator's knowledge of (1) the facts and claims asserted in the crossclaims asserted against Union Pacific Railroad Company by Jimmy Ray Roberson Jr. and Misty Roberson and (2) the facts, claims and defenses asserted by Relator in response to the Robersons' crossclaims. We note our jurisdiction over this matter and the parties. See Tex. Gov't Code Ann. § 22.221 (West 2004).
Relator alleges that prejudice will result if the deposition occurs before the issues raised in the petition for writ of mandamus can be resolved.
The Court finds temporary relief is necessary to prevent undue prejudice. It is ORDERED that the designation of and the deposition of Union Pacific Railroad Company's corporate representative in Cause No. B-194,123 as to Topics 2 and 3 as identified in the trial court's Order dated February 23, 2016, is STAYED until our Opinion issues or until further order 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 party in interest, Jimmy Ray Roberson Jr., is due March 10, 2016.
MOTION FOR TEMPORARY RELIEF GRANTED.
ORDER ENTERED February 29, 2016.
PER CURIAM Before McKeithen, C.J., Kreger and Johnson, JJ.