In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00499-CV
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IN RE NABORS DRILLING USA, L.P.
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Original Proceeding
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MEMORANDUM OPINION
Nabors Drilling USA, L.P. filed a petition for writ of mandamus and a
motion to stay a trial that is scheduled to commence on December 8, 2014, in the
136th District Court of Jefferson County, Texas. We deny the petition and motion
for temporary relief.
Nabors moved for summary judgment in a wrongful death suit filed by the
real parties in interest, Justin Burnett individually and as representative of the
Estate of Scottie Wayne Burnett, Gordy Ray Burnett, and Virginia Dale Burnett.
Burnett’s summary judgment response included affidavits by two of Nabors’s
former employees. Nabors objected to the affidavits on evidentiary grounds and on
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the ground that the workers’ testimony had not been adequately disclosed during
the discovery process. Finding that Burnett complied with Nabors’s request for
disclosure and established good cause for any late supplementation, the trial court
overruled Nabors’s objections to the affidavits and denied the motion for summary
judgment on October 31, 2014. See Tex. R. Civ. P. 166a; see also Tex. R. Civ. P.
194.2(e).
Nabors contends the trial court abused its discretion and asks this Court to
order the trial court to vacate its order of October 31, 2014, and compel the trial
court to sustain the objections, grant summary judgment for Nabors, and dismiss
the claims with prejudice.
After examining the mandamus petition and record, we determine that the
relator is not entitled to the relief sought. Accordingly, we deny the petition for
writ of mandamus and motion for temporary relief. See Tex. R. App. P. 52.8(a).
PETITION DENIED.
PER CURIAM
Submitted on November 19, 2014
Opinion Delivered November 20, 2014
Before McKeithen, C.J., Kreger and Horton, JJ.
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