in Re: Jeffrey S. Sandate, M.D., 544 S.W.3d 9

Plaintiff Comaneche Turner sued Methodist Dallas Medical Center for alleged negligent care during labor and delivery; Dr. Jeffrey S. Sandate was not named as a defendant.
Turner sought to extend the joinder deadline to depose nurses and physicians (including Dr. Sandate) to identify potential additional defendants.
Turner served a Rule 205 deposition notice and subpoena duces tecum on Dr. Sandate; he moved to quash and for a protective order.
The trial court denied Sandate’s motions and ordered him to appear for deposition and produce documents; Sandate petitioned this Court for mandamus and obtained a stay.
The central legal question was whether Tex. Civ. Prac. & Rem. Code § 74.351(a)/(s) bars taking a nonparty health‑care provider’s Rule 205 deposition before the claimant serves the required expert report and CV.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 74.351(a)/(s) bars taking a nonparty health‑care provider’s Rule 205 deposition before the claimant serves an expert report and CV	Turner: § 74.351(a) applies only to defendants; § 74.351(s)(3) permits Rule 205 discovery from nonparties before serving report/CV	Sandate: § 74.351(s) stays all discovery in a health‑care liability claim until the claimant serves the § 74.351(a) expert report and CV, including depositions aimed at investigating potential defendants	Court: Guided by In re Jorden, § 74.351(s) covers discovery into potential health‑care claims and prevents Turner from deposing Sandate under Rule 205 until she serves a § 74.351(a) report and CV

In re Jorden, 249 S.W.3d 416 (Tex. 2008) (statute bars pre‑report depositions that investigate potential health‑care liability claims against providers)
CSR Ltd. v. Link, 925 S.W.2d 591 (Tex. 1996) (mandamus is available to correct a clear abuse of discretion)
Lunsford v. Morris, 746 S.W.2d 471 (Tex. 1988) (mandamus appropriate where trial court fails to apply the correct legal standard)