From Casetext: Smarter Legal Research

In re BHP Billiton Petroleum Props. (N.A.)

State of Texas in the Fourteenth Court of Appeals
Jun 6, 2017
NO. 14-17-00436-CV (Tex. App. Jun. 6, 2017)

Opinion

NO. 14-17-00436-CV

06-06-2017

IN RE BHP BILLITON PETROLEUM PROPERTIES (N.A.), LP AND BHP BILLITON PETROLEUM (TXLA OPERATING) COMPANY, Relators


ORIGINAL PROCEEDING WRIT OF MANDAMUS
164th District Court Harris County, Texas
Trial Court Cause No. 2015-42862

ORDER

On June 2, 2017, relators BHP Billiton Petroleum Properties (N.A.), LP and BHP Billiton Petroleum (TxLa Operating) Company, filed a petition for writ of mandamus in this court. Relators ask this court to order the Honorable Alexandra Smoots-Thomas, Judge of the 164th District Court, in Harris County, Texas, to set aside her order dated June 16, 2017, entered in trial court number 2015-42862, styled EF Non-Op, LLC v. BHP Billiton Petroleum Properties (N.A.). LP, et al. Relators claim that the respondent abused her discretion by exercising jurisdiction over breach of contract claims the subject matter of which comes within the exclusive jurisdiction of the Texas Railroad Commission.

Relators also filed a motion for temporary stay of proceedings below. See Tex. R. App. P. 52.8(b), 52.10. Relators asked this court to stay proceedings in the trial court pending a decision on the petition for writ of mandamus.

It appears from the facts stated in the petition and motion that relators' request for relief requires further consideration and that relators will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relators' motion and issue the following order:

We ORDER the "Gathering Issue" claims in paragraphs 20 through 27 of the seventh amended petition filed by the real party in interest, EF Non-Op, LLC, in trial court cause number 2015-42862, EF Non-Op, LLC v. BHP Billiton Petroleum Properties (N.A.). LP, et al., STAYED until a final decision by this court on relators' petition for writ of mandamus, or until further order of this court.

In addition, the court requests EF Non-Op, LLC to file a response to the petition for writ of mandamus on or before June 20, 2017. See Tex. R. App. P. 52.4.

PER CURIAM Panel consists of Justices Boyce, Donovan, and Jewell.


Summaries of

In re BHP Billiton Petroleum Props. (N.A.)

State of Texas in the Fourteenth Court of Appeals
Jun 6, 2017
NO. 14-17-00436-CV (Tex. App. Jun. 6, 2017)
Case details for

In re BHP Billiton Petroleum Props. (N.A.)

Case Details

Full title:IN RE BHP BILLITON PETROLEUM PROPERTIES (N.A.), LP AND BHP BILLITON…

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Jun 6, 2017

Citations

NO. 14-17-00436-CV (Tex. App. Jun. 6, 2017)