Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/8/2015 4:49:17 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00594-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 7/8/2015 4:49:17 PM CHRISTOPHER PRINE CLERK
NO.
IN RE ROBINSON § IN THE FOURTEENTH
HELICOPTER COMPANY, INC. §
§
Original Proceeding From the § COURT OF APPEALS
11 th Judicial Court of §
Harris County, Texas §
Cause No. 2014-34635 § HOUSTON, TEXAS
RELATORS’ MOTION FOR EMERGENCY STAY
Relators ask the Court for an emergency stay.
I. INTRODUCTION 1. Relator is Robinson Helicopter Company, Inc. (“Robinson” and/or
“Relator”). Real Parties in Interest are Nathan S. Ates, Individually and as Personal
Representative of the Estate of Joyce A. Ates, Deceased; Sonia Ates and Nathan
M. Ates (collectively “Ates”). Respondent is Honorable Mike D. Miller, presiding
judge of the 11 Judicial District Court, Harris County, Texas. Robinson files its Petition for Writ of Mandamus concurrently with
this Motion for Emergency Relief. Robinson attaches a certificate of compliance certifying that on July 8,
2015, it notified Respondent and Ates by electronic filing and service that a motion
for temporary relief would be filed. Tex. R. App. P. 52.10(a). *2 On or about June 24, 2015, an Order granting Ates’ motion to compel
discovery of Robinson’s net worth was entered by the trial court. On or about July
2, 2015, Robinson filed a Motion For Reconsideration of Order Granting Plaintiffs’
Motion to Compel and Contingent Motion to Stay Pending Mandamus. On July 7,
2015, an Order denying Robinson’s Motion for Reconsideration and Motion to
Stay was denied. Additionally, production of the requested documents was ordered
by 5:00 p.m. on July 8, 2015. On or about July 8, 2015, Robinson filed its Petition
for Writ of Mandamus seeking relief from the trial court’s order. In connection
with its Petition for Writ of Mandamus, along with the present Motion for
Emergency Stay. The underlying case is presently set for its first trial setting during the
two week period beginning January 4, 2016. Discovery is still ongoing. Because of
the nature of the issue presented, Robinson requests a stay of the Trial Court’s
order compelling production of documents reflecting its net worth while this
original proceeding is pending, but does not otherwise seek to stay discovery or
other pre-trial aspects of this case. Robinson reserves the right to ask for further
relief and seek a stay of the case in its entirety, should it appear the case is likely to
be reached for trial and this original proceeding is still pending.
II. ARGUMENT & AUTHORITIES 6. The Court may grant temporary relief pending its determination of an original proceeding. Tex. R. App. P. 52.10(b). The limited emergency stay requested herein is necessary to maintain
the status quo of the parties and preserve the Court’s jurisdiction to consider the
merits of the original proceeding. In re Reed , 901 S.W.2d 604, 609 (Tex. App.—
San Antonio 1995, orig. proceeding). In order to avoid any unnecessary time and expense to all parties,
Robinson respectfully requests a stay only as to the Trial Court’s order compelling
production of documents reflecting its net worth pending resolution of its Petition
for Writ of Mandamus.
III. PRAYER For the foregoing reasons, Relator Robinson Helicopter Company, Inc. asks the Court for a limited emergency stay only as to the Trial Court’s order
compelling production of documents reflecting its net worth to maintain the status
quo of the parties and preserve the Court’s jurisdiction to consider the merits of
Relator’s original proceeding.
Respectfully submitted, C OATS & E VANS , P.C.
By: /s/ George Andrew Coats George Andrew Coats State Bar No. 00783846 E-mail: coats@texasaviationlaw.com Gary Linn Evans State Bar No. 00795338 E-mail: evans@texasaviationlaw.com Carrie M. McKerley State Bar No. 24056625 E-mail: mckerley@texasaviationlaw.com P.O. Box 130246 The Woodlands, Texas 77393-0246 Telephone: (281) 367-7732 Facsimile: (281 367-8003 ATTORNEYS FOR RELATORS, ROBINSON HELICOPTER COMPANY, INC.
CERTIFICATE OF COMPLIANCE Under Texas Rule of Appellate Procedure 52.10(a), I certify that on July 8, 2015, I notified Real Party in Interest, through its counsel of record, via e-filing, as
well as Respondent by letter e-filed with the 11 Judicial District Court of Harris
County, Texas, that a motion for temporary relief had been filed.
/s/ George Andrew Coats George Andrew Coats *5 CERTIFICATE OF SERVICE I certify that pursuant to Rule 21a of the Texas Rules of Civil Procedure a true and correct copy of the foregoing instrument has been delivered to all counsel
of record on the 8th day of July, 2015.
Mr. Mark T. Murray Via ProDoc E-Filing
Stevenson & Murray
24 Greenway Plaza, Suite 750
Houston, Texas 77046
713-622-3223
713-622-3224 Fax
Email: mmurray@johnstevensonlaw.com
Mr. Don Swaim Via ProDoc E-Filing
Rose Walker, LLP
3500 Maple Avenue, Suite 900
Dallas, Texas 75219
Telephone: 214-752-8600
Facsimile: 214-752-8700
Email: dswaim@rosewalker.com
Judge Michael Gomez Via ProDoc E-Filing
129 th District Court
Harris County Civil Courthouse
201 Caroline, 10 Floor
Houston, Texas 77002
/s/ George Andrew Coats George Andrew Coats