Opinion
01-23-00781-CV
03-13-2024
In re S.A.R.S. Trucking Ltd. and Felipe Rodriguez
164th District Court of Harris County 2020-23445 Trial court case number:
ORDER
April Farris Judge
Relators S.A.R.S. Trucking Ltd. and Felipe Rodriguez filed a petition for a writ of mandamus challenging the trial court order denying their "Motion for Leave to Late Designate Experts." Relators' mandamus petition states that they requested "leave to designate a defense medical expert to respond to [the] amended disclosures (a year after [r]elators' expert designation deadline)" of real party in interest Janelle Solis. In her amended disclosures, real party in interest increased the amount of economic damages she seeks in the underlying lawsuit "by $434,000" because she "decided to have a lumbar fusion."
The Court requested that Solis file a response to the petition for writ of mandamus, which was filed by Solis on December 27, 2023. On January 2, 2024, relators filed a reply in support of their petition for writ of mandamus. On March 12, 2024, relators filed a "Motion for Temporary Relief: Stay of Trial Proceedings," requesting "temporary relief in the form of a stay of the trial of this lawsuit," which is set on the trial court's two-week trial docket beginning March 18, 2024.
Relators' motion includes a certificate of conference stating that counsel for relator attempted to confer with counsel for Solis. See Tex. R. App. P. 10.1(a)(5), 52.10(a). However, as of the time of the filing of the motion, no response had been received regarding whether Solis was opposed to the relief requested by relators. See Tex. R. App. P. 10.3(a)(2).
Relators' motion for temporary relief is granted. The Court stays the March 18, 2024 trial setting in trial court case number 2020-23445 pending the disposition of relators' petition for writ of mandamus. This stay shall remain in effect until further order of this Court or disposition of relators' petition for writ of mandamus. This order does not stay, or otherwise alter, any other proceedings or deadlines in trial court case number 2020-23445.
It is so ORDERED.