Opinion
14-24-00373-CV
05-24-2024
IN RE ENERGY TRANSFER LP, ENABLE MIDSTREAM PARTNERS, LP, AND ENABLE GP, LLC, Relators
ORIGINAL PROCEEDING WRIT OF MANDAMUS 164th District Court Harris County, Texas Trial Court Cause No. 2022-76540
Panel Consists of Chief Justice Christopher, Justices Zimmerer and Poissant.
ORDER
PER CURIAM
On Friday, May 24, 2024, relators Energy Transfer LP, Enable Midstream Partners, LP, and Enable GP, LLC, filed a petition for writ of mandamus in this court. Relators ask this court to order the Honorable C. Elliott Thornton, Judge of the 164th District Court, in Harris County, Texas, to set aside her discovery order dated April 28, 2024, entered in trial court number 2022-76540. Relators claim respondent abused her discretion by signing this order because this court "granted mandamus relief against the same trial court in the same case on the same discovery requests at issue three months ago." See In re Energy Transfer LP, No. 14-23-00479-CV, 2024 WL 437888, at *1 (Tex. App.-Houston [14th Dist.] Feb. 6, 2024, orig. proceeding).
Relators have also filed a motion for temporary stay of the trial court's April 28, 2024, discovery order. See Tex.R.App.P. 52.8(b), 52.10. On May 24, 2024, relators ask this court to stay the April 28, 2024, discovery order 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 April 28, 2024, discovery order in trial court cause number 2022-76540 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 that John Adam Purland and Heather Purland, individually and as next friend on behalf of Ri. P., Ta. P., and Wy. P., the real parties-in-interest, file a response to the petition for writ of mandamus on or before June 7, 2024. See Tex.R.App.P. 52.4.