Opinion
Appellate case number: 01-17-00429-CV
06-14-2017
ORDER Trial court case number: 2016-29190 Trial court: 61st District Court of Harris County
On June 9, 2017, relators, Santiago Flores, Jr., TFN Holdings, LLC, and GloboFlores LLC d/b/a Momentum Oilfield Services, filed a petition for writ of mandamus seeking to vacate the respondent trial judge's May 5, 2017 order granting Plaintiff's "Motion to Compel Discovery Responses," to the extent that it compels production of relators' banking records. Relators further seek to vacate the respondent's June 2, 2017 order granting plaintiff's "Request for Leave to Discover Banking Records" in its entirety, and to compel the respondent to enter such orders as may be necessary to protect relators from overbroad discovery of their banking records.
With the petition, relators also filed a motion for emergency temporary relief: (a) seeking a stay of the respondent's May 5, 2017 order granting Plaintiff's "Motion to Compel Discovery Responses," with respect to Interrogatories 4 & 9 and Requests for Production 4, 5, 10, 11, 29 & 50 to relator Flores, and Interrogatory 5 and Requests for Production 5, 6, 15, 15a, 16, 16a & 17 to relator TFN Holdings, LLC; (b) seeking a stay of the respondent's June 2, 2017 order granting plaintiff's "Request for Leave to Discover Banking Records" in its entirety, and that the real party in interest be disallowed from seeking such discovery during the pendency of this original proceeding; or (c) in the alternative, seeking a stay of all proceedings in the district court, pending disposition of this petition. Relators' motion contains the required certificate of compliance. See TEX. R. APP. P. 52.10(a).
Accordingly, the Court grants, in part, the relators' motion and ORDERS that the respondent's May 5, 2017 order is stayed, with respect to Interrogatories 4 & 9 and Requests for Production 4, 5, 10, 11, 29 & 50 to relator Flores, and Interrogatory 5 and Requests for Production 5, 6, 15, 15a, 16, 16a & 17 to relator TFN Holdings, LLC, and the June 2, 2017 order is stayed in its entirety. See id. 52.10(b). This stay is effective until the petition in this Court is finally decided or this Court otherwise orders the stay lifted. See id. Any party may file a motion for reconsideration of the stay. See id. 52.10(c).
Finally, the Court requests a response to the petition for writ of mandamus by any real party in interest. See TEX. R. APP. P. 52.8(b)(1). The response, if any, shall be filed within 30 days from the date of this order. See id. 2, 52.4.
It is so ORDERED. Judge's signature: /s/ Laura C. Higley
[v] Acting individually [ ] Acting for the Court Date: June 14, 2017