In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-13-00442-CV
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IN RE JODIE STRAIN AND AMERITOX, LTD.
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Original Proceeding
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ORDER
Jodie Strain and Ameritox, Ltd. filed a petition for writ of mandamus
seeking relief from discovery orders in Cause No. 12-02-02276 CV, Strain v.
Millennium Laboratories, Inc. Relators seek a writ compelling the Honorable Cara
Wood, Judge of the 284th District Court, to vacate orders that require relators to
produce privilege logs and produce documents concerning costs of legal
representation and payment of attorney’s fees. We note our jurisdiction over this
matter and the parties. See Tex. Gov’t Code Ann. § 22.221 (West 2004).
Relators allege that prejudice will result if the discovery occurs before the
issues raised in the petition for writ of mandamus can be resolved.
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The Court finds temporary relief is necessary to prevent undue prejudice. It
is ORDERED that the production of documents and privilege logs ordered by the
trial court in orders signed on August 5, August 7, and September 17, 2013, in
Cause No. 12-02-02276 CV is STAYED until our Opinion issues or until further
order of this Court. See Tex. R. App. P. 52.10(b). No bond is required of the
relators as a condition to any relief herein granted.
The response of the real party in interest, Millennium Laboratories, Inc., is
due October 14, 2013, at 5:00 p.m.
MOTION FOR TEMPORARY RELIEF GRANTED.
ORDER ENTERED October 3, 2013.
PER CURIAM
Before McKeithen, C.J., Kreger and Horton, JJ.
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