Opinion
NO. 01-20-00582-CV
05-25-2021
IN RE MOLINA HEALTHCARE, INC. AND MOLINA HEALTHCARE OF TEXAS, INC., Relators
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relators, Molina Healthcare, Inc. and Molina Healthcare of Texas, Inc. ("Molina"), have filed a petition for a writ of mandamus requesting that this Court vacate a series of trial court orders, dated May 11, 2020, May 29, 2020, July 17, 2020, and August 15, 2020, which, taken together, Molina asserts require it to produce privileged materials (the "privilege orders"). Molina's petition for writ of mandamus further challenges an August 15, 2020 trial court order denying Molina's motion for continuance of the September 7, 2020 trial setting.
The underlying case is ACS Primary Care Physicians Southwest, PA and Emergency Services of Texas, PA v. Molina Healthcare, Inc. and Molina Healthcare of Texas, Inc., Cause No. 2017-77084, in the 113th District Court of Harris County, Texas, the Honorable Rabeea Sultan Collier presiding. --------
In connection with their petition for writ of mandamus, Molina filed a motion for emergency stay, requesting that this Court stay the enforcement of the privilege orders, and commencement of the trial, pending resolution of their mandamus petition. On August 19, 2020, we issued an order granting Molina's motion, staying both the obligation to comply with the privilege orders, as well as the September 7, 2020 trial setting, pending resolution of this mandamus proceeding.
Because we granted Molina's motion to stay the September 7, 2020 trial setting, Molina's challenge to the trial court's August 15, 2020 order denying its motion for continuance has been rendered moot. See In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) ("A case becomes moot if a controversy ceases to exist between the parties at any stage of the legal proceedings . . . ."); In re Tex. Constr. Specialists, L.L.C., No. 01-18-01028-CV, 2019 WL 543691, at *1 (Tex. App.—Houston [1st Dist.] Feb. 12, 2019, orig. proceeding) (dismissing as moot mandamus petition challenging trial court's refusal to rule on motion to continue trial setting where motion to stay trial setting granted by appellate court). Accordingly, we dismiss as moot Molina's challenge to the trial court's August 15, 2020 order denying Molina's motion for continuance of the September 7, 2020 trial setting.
The remaining portions of Molina's petition for writ of mandamus, challenging the trial court's privilege orders, is denied, and we lift the stay imposed by our August 19, 2020 order. See TEX. R. APP. P. 52.8(a), (d). All pending motions are dismissed as moot.
PER CURIAM Panel consists of Justices Kelly, Guerra, and Farris.