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In re Charter Commc'ns Holding Co.

Court of Appeals of Texas, Ninth District, Beaumont
Nov 12, 2021
No. 09-21-00344-CV (Tex. App. Nov. 12, 2021)

Opinion

09-21-00344-CV

11-12-2021

IN RE CHARTER COMMUNICATIONS HOLDING COMPANY, LLC, TIME WARNER CABLE INFORMATION SERVICES (TEXAS) LLC, ANDTAYLOR BRITT


Submitted on November 11, 2021

Original Proceeding 60th District Court of Jefferson County, Texas Trial Cause No. B-202, 984

Before Golemon, C.J., Kreger and Johnson, JJ.

MEMORANDUM OPINION

PER CURIAM.

Charter Communications Holding Company, LLC, Time Warner Cable Information Services (Texas) LLC, and Taylor Britt ("Relators"), filed a petition for a writ of mandamus through which they ask this Court to compel the trial court to vacate the November 9, 2021 trial setting and to require the trial court to enter a scheduling order that provides Relators with no less than six months' time to conduct additional discovery. In a motion for temporary relief, Relators complained that after notifying counsel that the trial would be rescheduled for January 18, 2022, the Court Coordinator informed the parties in a November 5, 2021 email that the non-jury trial would go forward on November 9, 2021. On November 8, 2021, we stayed the non-jury trial and requested a response from the Real Parties in Interest, Samantha McCormick and Christopher McCormick ("McCormick"). On November 8, 2021, McCormick filed a motion to reconsider our order granting temporary relief and in opposition to Relators' motion for temporary relief. According to McCormick, the trial court has not yet ruled on the underlying discovery dispute but has taken the matter under advisement.

To obtain extraordinary relief in a writ of mandamus, Relators must show that the trial court abused its discretion and there is no adequate remedy by appeal. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). Having examined the petition for a writ of mandamus, the motion for temporary relief, the motion to reconsider the stay and opposition to the motion for emergency relief, and the response to the motion to reconsider the stay, we conclude that the Relators have not established they are entitled to mandamus relief at this time. Therefore, we vacate our stay order issued November 8, 2021, and deny the petition for a writ of mandamus without prejudice. See Tex. R. App. P. 52.8(a), 52.10 (c).

PETITION DENIED.


Summaries of

In re Charter Commc'ns Holding Co.

Court of Appeals of Texas, Ninth District, Beaumont
Nov 12, 2021
No. 09-21-00344-CV (Tex. App. Nov. 12, 2021)
Case details for

In re Charter Commc'ns Holding Co.

Case Details

Full title:IN RE CHARTER COMMUNICATIONS HOLDING COMPANY, LLC, TIME WARNER CABLE…

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Nov 12, 2021

Citations

No. 09-21-00344-CV (Tex. App. Nov. 12, 2021)