Opinion
NO. 14-17-00396-CV
05-24-2017
IN RE: ENRIQUE MARTINEZ AND SPECIALTY LOCOMOTIVE SERVICES, INC, Relators
ORIGINAL PROCEEDING WRIT OF MANDAMUS
215th District Court Harris County, Texas
Trial Court Cause No. 2015-59185
ORDER
On May 19, 2017, relators Enrique Martinez and Specialty Locomotive Services, Inc. filed a petition for writ of mandamus in this court. Relators ask this court to order the Honorable Elaine H. Palmer, Judge of the 215th District Court, in Harris County, Texas, to set aside her oral ruling issued on May 5, 2017 and her written order dated May 15, 2017, entered in trial court number 2015-59185, which require relators to (1) produce the Underwriting Acceptability Guidelines for Individual Drivers that was detailed on the reverse side of Defendant-Martinez's May 5, 2006 Commercial Driver Qualification Application, (2) produce documents responsive to Request No. 1 in the possession, custody or control of relators or their current agents, insurance brokers and/or automobile liability insurers, and (3) supplement their disclosure response to disclose the name, and address and telephone numbers for each of its brokers, agents, and automobile liability insurers for the period from May 2006 to July 2015 (the discovery orders).
Relators have also filed a motion for temporary relief, asking our court to stay the portion of the discovery orders requiring relators to produce the Underwriting Acceptability Guidelines for Individual Drivers that was detailed on the reverse side of Defendant-Martinez's May 5, 2006 Commercial Driver Qualification Application pending a decision on the petition for writ of mandamus. See Tex. R. App. P. 52.8(b), 52.10. According to relators' motion for immediate temporary relief, real party-in-interest has agreed to a stay of the discovery orders with respect to items (2) and (3), above.
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 following portion of the discovery orders STAYED until a final decision by this court on relators' petition for writ of mandamus, or until further order of this court: the order requiring relators to produce the Underwriting Acceptability Guidelines for Individual Drivers that was detailed on the reverse side of Defendant-Martinez's May 5, 2006 Commercial Driver Qualification Application.
In addition, the court requests Glenda Carranza, the real party-in-interest, to file a response to the petition for writ of mandamus on or before June 8, 2017. See Tex. R. App. P. 52.4.
PER CURIAM Panel consists of Justices Boyce, Donovan, and Jewell.