563 S.W.3d 433
Tex. App.2018Background
- Yvette Delgado, a former DISH HR manager, sued DISH for discrimination and retaliation after her 2015 termination.
- DISH moved to compel arbitration and submitted an authenticated arbitration agreement via Katherine Leyba's affidavit.
- Delgado sought discovery (including Leyba's deposition) before the court ruled on arbitration, arguing she was entitled to pre-arbitration discovery and contesting the agreement's validity; she did not file evidentiary rebuttal to Leyba's affidavit.
- The trial court denied DISH's motion to quash Leyba's deposition and delayed ruling on the motion to compel arbitration; DISH sought mandamus relief and the court previously ordered the trial court to rule on arbitration within 30 days in In re DISH Network.
- This mandamus proceeding challenges the trial court's allowance of pre-arbitration discovery and its refusal to promptly rule on the motion to compel arbitration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court may permit pre-arbitration discovery (Leyba deposition) before ruling on motion to compel arbitration | Delgado: she is entitled to discovery about the arbitration agreement's validity and need not respond before discovery; cites In re Houston Pipe Line | DISH: pre-arbitration discovery not warranted because DISH presented prima facie proof of the agreement and Delgado produced no evidence raising a fact issue | Court: trial court abused discretion; Delgado's assertions and counsel statements are not evidence; pre-arbitration discovery requires a filed application under §171.086 showing necessity and a colorable basis; quash granted and arbitration motion must be resolved promptly |
Key Cases Cited
- In re Houston Pipe Line Co., 311 S.W.3d 449 (Tex. 2009) (trial courts may order limited pre-arbitration discovery only when necessary to resolve arbitrability/scope)
- In re DISH Network, 528 S.W.3d 177 (Tex. App.—El Paso 2017) (prior mandamus directing trial court to rule on motion to compel arbitration)
- G.T. Leach Builders, LLC v. Sapphire V.P., LP, 458 S.W.3d 502 (Tex. 2015) (Texas policy favors arbitration and courts must enforce arbitration agreements)
- In re VNA, Inc., 403 S.W.3d 483 (Tex. App.—El Paso 2013) (pre-arbitration discovery allowed only when opposing party shows a colorable basis that discovery is material to defense)
- In re ReadyOne Industries, Inc., 420 S.W.3d 179 (Tex. App.—El Paso 2012) (plaintiff's affidavit did not provide colorable basis for pre-arbitration discovery to show fraud in formation)