Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/27/2016 3:32:40 PM JEFFREY D. KYLE Clerk
*1 ACCEPTED 03-16-00266-CV [12931122] THIRD COURT OF APPEALS AUSTIN, TEXAS 9/27/2016 3:32:40 PM JEFFREY D. KYLE CLERK No. 03-16-0266-CV In the Court of Appeals for the Third District of Texas
________________________________ T.J. THEIS Appellant v. WAL-MART IN ITS ASSUMED OR COMMON NAME, INCLUDING WAL-MART STORES TEXAS LLC; AND GOODYEAR IN ITS ASSUMED OR COMMON NAME, INCLUDING THE GOODYEAR TIRE & RUBBER
COMPANY Appellee ________________________________ On Appeal from the 126th Judicial District Court, Travis County, Texas Trial Cause No. D-1-GN-10-00151 ________________________________ GOODYEAR’S UNOPPOSED MOTION TO RELEASE A COPY OF REPORTER’S RECORD VOLUME 9 TO GOODYEAR ________________________________ TO THE HONORABLE COURT OF APPEALS: Appellee The Goodyear Tire & Rubber Company, pursuant to Texas Rule of Appellate Procedure 10.1, files this motion to release a copy of Reporter’s Record Volume 9 to Goodyear and would respectfully show the Court as follows:
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Plaintiff’s lawsuit arises from a single-vehicle crash near Cameron, Milam County, Texas. At trial, Plaintiff’s tire expert, William Woehrle, testified Goodyear defectively manufactured the crash-vehicle’s tire, and the resulting loss of tire pressure caused the driver to lose control. Following Woehrle’s testimony, the trial court directed a verdict for Goodyear and stuck Woehrle’s opinions. Plaintiff appealed.
During his testimony, Woehrle referenced confidential Goodyear documents now contained in Reporter’s Record Volume 9. To protect Goodyear’s confidential materials, [1] the trial court sealed Volume 9. RR Vol. 1, at 9-11; CR 192; Ex. A. On appeal, this Court designated Volume 9 as “view only.”
The purpose of this motion is to request a narrow exception to the Court’s “view-only” designation. Goodyear’s Houston-based counsel cannot copy Volume 9—which includes materials pertinent to its response brief—for use outside the courthouse. These strictures hinder Goodyear’s ability to fully and properly brief the issues raised by Plaintiff/Appellant in his brief.
Goodyear and its counsel appreciate this Court’s (and the trial court’s) treatment of Goodyear’s confidential materials. If the Court grants this motion, Goodyear’s counsel will—of course—continue to maintain the confidentiality of *3 Goodyear’s materials and abide by the trial court’s order governing confidential materials. CR 19-29.
PRAYER
Goodyear asks this Court to direct the Clerk of the Court to release a copy of Reporter’s Record Volume 9 to Goodyear’s counsel. In addition, Goodyear prays for any other relief to which it is entitled.
Respectfully Submitted: By: /s/ David R. Tippetts
David R. Tippetts State Bar No. 20065250 david.tippetts@wtllaw.com Matthew E. Coveler State Bar No. 24012462 matthew.coveler@wtllaw.com Thad K. Jenks State Bar No. 24007441 thad.jenks@wtllaw.com
Weinstein Tippetts & Little LLP 7500 San Felipe, Ste. 500 Houston, Texas 77063 Telephone: 713.244.0800 Facsimile: 713.244.0801 A TTORNEYS FOR A PPELLEE T HE G OODYEAR T IRE & R UBBER C OMPANY
-3- *4 RULE 10.1(a)(5) CERTIFICATION Pursuant to Rule 10.1(a)(5) of the Texas Rules of Appellate Procedure, I hereby certify that before filing this motion on September 27, 2016, I provided Appellant’s counsel of record by email a draft of the foregoing motion to release a copy of Reporter’s Record Volume 9 to Goodyear. Appellant’s counsel indicated he is unopposed to this motion.
/s/ David R. Tippetts David R. Tippetts Dated: September 27, 2016
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CERTIFICATE OF SERVICE
*5 I certify that pursuant to Rule 9.5(e) of the Texas Rules of Appellate Procedure, a true and correct copy of this motion was forwarded to the following counsel of record through the electronic filing manager and by email:
Attorneys for Plaintiff Kyle Farrar Mark Bankston F ARRAR & B ALL , LLP 1010 Lamar, Suite 1600 Houston, Texas 77002
/s/ David R. Tippetts David R. Tippetts Dated: September 27, 2016
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EXHIBIT A
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NOTES
[1] Volume 9 does not include any materials designed “Confidential” by Plaintiff/Appellant. -2-