Opinion
01-24-00397-CV
06-11-2024
In re Houston Pipe Line Company LP, ETC Katy Pipeline, LLC,Energy Transfer Fuel, LP, and Oasis Pipeline, LP
Trial court: 133rd District Court of Harris County Trial court case number: 2021-63124
ORDER
APRIL FARRIS, JUDGE
On May 29, 2024, relators, Houston Pipe Line Company LP, ETC Katy Pipeline, LLC, Energy Transfer Fuel, LP, and Oasis Pipeline, LP, filed a petition for writ of mandamus challenging the trial court's May 6, 2024 order granting real party in interest, XTO Energy Inc.'s, motion to compel the production of documents. Relators' petition requested that this Court issue a writ of mandamus directing the trial court to strike certain portions of the May 6, 2024 order, or, in the alternative, to stay consideration of the motion to compel pending relators' plea to the jurisdiction.
The Court has requested that XTO file a response to the petition for a writ of mandamus, due on or before July 1, 2024.
In connection with their mandamus petition relators filed an "Opposed Motion for Immediate Temporary Relief." In their motion, relators requested that the Court stay the June 14, 2024 deadline to comply with the trial court's May 6, 2024 order compelling the production of documents pending this Court's consideration of their petition for writ of mandamus. See Tex. R. App. P. 52.10(b) (authorizing appellate court to "grant any just relief pending the court's action" on mandamus petition). Relators' motion states that the stay is necessary, in part, to preserve the status quo pending the trial court's consideration of relators' plea to the jurisdiction, set for oral hearing on June 17, 2024.
XTO filed a response in opposition to relators' request for a stay, and relators filed a reply in support of their motion. In their reply, relators noted that during a hearing on their request for a stay in the trial court, the trial court acknowledged that its May 6, 2024 order compelling production could "be moot" if the trial court sustains relators' plea to the jurisdiction. Nevertheless, the trial court denied relators' request for a stay.
Relators' motion for temporary relief is granted. We stay relators' June 14, 2024 deadline to comply with the trial court's May 6, 2024 order pending this Court's consideration of relators' petition for writ of mandamus. This stay shall remain in effect until resolution of the mandamus petition or further order of this Court. This order only stays relators' June 14, 2024 deadline to comply with the trial court's May 6, 2024 order and does not stay any other proceedings in trial court case number 2021-63124.
It is so ORDERED.