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In re Methodist Primary Care Grp.

State of Texas in the Fourteenth Court of Appeals
Aug 11, 2017
NO. 14-17-00299-CV (Tex. App. Aug. 11, 2017)

Opinion

NO. 14-17-00299-CV

08-11-2017

IN RE METHODIST PRIMARY CARE GROUP, Relator


ORIGINAL PROCEEDING WRIT OF MANDAMUS 234th District Court Harris County, Texas
Trial Court Cause No. 2015-35424

ORDER

Real party-in-interest Associates in Medicine, PA has filed in this court a motion for leave to file under seal the documents filed under Tabs B and D of the appendix to Associates in Medicine, PA's response to relator Methodist Primary Care Group's petition for writ of mandamus (the "B and D Appendix Documents").

In the motion for leave to file the B and D Appendix Documents under seal, Associates in Medicine, PA advised this court that those documents were designated "CONFIDENTIAL/ATTORNEYS'-EYES ONLY" under an "Amended Agreed Protective Order," signed by the trial court on February 21, 2017. We noted in an order issued June 20, 2017, that paragraph 5.c of the Protective Order provides that information protected by the Protective Order shall be filed under seal in accordance with Texas Rule of Civil Procedure 76a but that Associates in Medicine, PA had not provided this court with the trial court's order sealing the B and D Appendix Documents. We notified the parties that we would withhold a ruling on the motion for leave to file the B and D Appendix Documents under seal in this court to give the parties an opportunity to supplement the mandamus record with the Rule 76a order from the trial court permitting the filing of the B and D Appendix Documents under seal in that court.

Apparently, the trial court did not issue a Rule 76a order sealing the B and D Appendix Documents before relator filed this mandamus proceeding. Following the issuance of this court's June 20, 2017, order, however, Associates in Medicine, PA filed in the trial court a motion to seal records under Rule 76a, specifically requesting the trial court to seal the B and D Appendix Documents. Associates in Medicine, P.A. has now supplemented the mandamus record in this court with a "Temporary Sealing Order," signed by the trial court on July 10, 2017, allowing the filing of those documents "under temporary seal" in Trial Court Cause No. 2015-35424, Associates in Medicine, P.A. v. Dr. Shari P. Rubin, et al., in the 234th District Court of Harris County, as permitted by Rule 76a (5). The trial court has ordered a public hearing to commence at 1:00 p.m. on October 30, 2017, at which time the trial court will consider a permanent sealing order.

This court has continuing jurisdiction to determine whether the B and D Appendix Documents should be sealed in this mandamus proceeding. We will withhold our ruling on the motion to file the B and D Appendix Documents under seal and will not post those documents to this court's website at this time. The parties have until November 1, 2017, to provide this court with an order from the trial court permitting the filing of these documents under permanent seal in that court and to supplement the mandamus record with a copy of the permanent sealing order. Failure to do so will result in the denial of the motion to file the B and D Appendix Documents under seal, unless, before that date, the parties present briefing, with citations to authority, to this court establishing a valid legal basis on which this court may maintain the B and D Appendix Documents under seal without an order showing the documents have been permanently sealed in the trial court.

We further order the parties to notify this court immediately if the trial court modifies, supplements, vacates, or sets aside the Temporary Sealing Order signed on July 10, 2017, or if the pending motion to seal in the trial court is withdrawn. Nothing in this order shall be affected by this court's ruling on relator Methodist Primary Care Group's petition for writ of mandamus or this court's loss of jurisdiction to change its ruling on that petition.

PER CURIAM Panel consists of Chief Justice Frost and Justices Donovan and Brown.


Summaries of

In re Methodist Primary Care Grp.

State of Texas in the Fourteenth Court of Appeals
Aug 11, 2017
NO. 14-17-00299-CV (Tex. App. Aug. 11, 2017)
Case details for

In re Methodist Primary Care Grp.

Case Details

Full title:IN RE METHODIST PRIMARY CARE GROUP, Relator

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Aug 11, 2017

Citations

NO. 14-17-00299-CV (Tex. App. Aug. 11, 2017)