NUMBER 13-12-00427-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE CRIMSON EXPLORATION, INC.
On Petition for Writ of Mandamus
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Vela
Memorandum Opinion by Justice Garza
On July 6, 2012, relator, Crimson Exploration, Inc., filed a petition for writ of
mandamus in which it alleged that respondent, the Honorable W.C. Kirkendall, presiding
judge of the Second 25th Judicial District Court of Lavaca County, Texas, abused his
discretion by rendering a discovery order in the underlying cause, trial court cause
number 10-11-21491-CV, on June 12, 2012. The June 12 order compelled relator to
produce, within 15 days of the order, certain items that relator claims are protected by
attorney-client and work product privileges. The trial court subsequently extended the
deadline for production until Monday, July 9, 2012. Relator also filed an emergency
motion for stay of the proceedings in the trial court.
On July 6, 2012, this Court ordered a stay of proceedings in trial court cause
number 10-11-21491-CV and requested a response by the real parties in interest. On
August 6, 2012, real party in interest Magnum Producing, L.P. filed a response. The
parties subsequently filed additional replies and supplemental response briefs.
The Court, having examined and fully considered the petition for writ of
mandamus, response, and documents on file, is of the opinion that relator has not
shown itself to be entitled to the relief sought. Accordingly, the petition for writ of
mandamus is hereby DENIED and the stay granted on July 6, 2012 in trial court cause
number 10-11-21491-CV is hereby LIFTED.
PER CURIAM
Delivered and filed the
17th day of September, 2012.
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