in Re Camp La Junta 1928, LP, Blake Smith, Camp La Junta, Inc., CLJ Management Systems, L.L.C.

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ACCEPTED 01-15-00551-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 6/22/2015 12:10:51 PM CHRISTOPHER PRINE CLERK NO: 01-15-00551-CV IN THE FIRST COURT OF APPEALS FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS HOUSTON, TEXAS ____________________________________________________ 6/22/2015 12:10:51 PM CHRISTOPHER A. PRINE Clerk In re Camp La Junta 1928, LP, Blake Smith, Camp La Junta, Inc., and CLJ Management Systems, L.L.C. ____________________________________________________ Original Proceeding from the 333rd District Court of Harris County, Texas Cause No. 2012-31192 Honorable Joseph “Tad” Halbach, Presiding ____________________________________________________ EMERGENCY MOTION TO STAY PENDING RESOLUTION OF ORIGINAL PETITION FOR WRIT OF MANDAMUS ___________________________________________________ 4850-3036-4197.1 COME NOW, Camp La Junta 1928, LP, Blake Smith, Camp La Junta, Inc., CLJ Management Systems, L.L.C., (collectively “Relators”), Defendants below and Relators in the above-entitled and numbered cause, and file this Emergency Motion to Stay the litigation below pending resolution of the Original Petition for Writ of Mandamus. An Appellate Court may grant temporary relief pending its determination of an original proceeding, including a stay of all underlying proceedings.1 The stay affords the Court opportunity to address the dispute raised by a Petition for Writ of Mandamus by maintaining the status quo until it can address that dispute.2 Real Parties in Interest brought this action as a “John Doe” proceeding to protect the identity of the minor plaintiff, Johnny Doe, who alleges that he was sexually assaulted while at Relators’ camp. The identity and privacy of Johnny Doe is obviously of paramount importance to him, and evidence related to various motions at the Trial Court level, and the Petition for Writ 1 TEX. R. APP. P. 52.10; In re Bates, 429 S.W.3d 47, 53 (Tex. App.—Houston [1st Dist.] 2014, orig. proceeding)(“An appellate Court may grant any just relief pending the Court's action on a mandamus petition, including a stay of all underlying proceedings in the trial Court.”) 2 In re Kelleher, 999 S.W.2d 51, 52 (Tex. App.—Amarillo 1999, orig. proceeding); see In re Reed, 901 S.W.2d 604, 609 (Tex. App.--San Antonio 1995, orig. proceeding). 4850-3036-4197.1 2 of Mandamus, has been or will be submitted by all parties in camera and/or filed under seal to protect Johnny Doe’s anonymity. In their Original Petition for Writ of Mandamus, Relators argue that the Trial Court abused its discretion in denying the First Amended Motion for Appointment of Guardian ad Litem. The crux of Relators’ Petition for Mandamus is that there appear to be adverse interests between Johnny Doe and his Next Friends regarding Johnny Doe’s wishes, especially related to settlement or a public trial of this action. Trial is set for August 3, 2015. There is no adequate remedy on appeal if this case proceeds to trial without the benefit of a guardian ad litem for minor Plaintiff-Real Party in Interest Johnny Doe to be in place to advise the Court as the statute contemplates. Likewise, failure to grant a motion to stay could result in irreparable harm and the unnecessary loss of anonymity by Johnny Doe. To allow the appellate Court time to consider and rule on the Petition for Writ of Mandamus, and most importantly to prevent a minor, the Real Party in Interest, from suffering irreversible harm which cannot be remedied on appeal, Relators request an order from this Court staying litigation below, pending review and resolution by this Court of the Original Petition for Writ of Mandamus. 4850-3036-4197.1 3 WHEREFORE, for the reasons set forth above, Camp La Junta 1928, LP, Blake Smith, Camp La Junta, Inc., CLJ Management Systems, L.L.C respectfully requests that this Court immediately stay proceedings in the underlying litigation pending this Court’s consideration and ruling on Relators’ Original Petition for Writ of Mandamus, and Relators request general and equitable relief. Respectfully submitted, LEWIS BRISBOIS BISGAARD & SMITH, LLP /s/ Kent M. Adams Kent M. Adams State Bar Number 00869200 Kent.adams@lewisbrisbois.com Sarah M. Davis State Bar Number 24031998 Sarah.davis@lewisbrisbois.com Kristie E. Johnson State Bar Number 24038382 Kristie.johnson@lewisbrisbois.com 24 East Greenway Plaza, Suite 1400 Houston, Texas 77046 (713) 659-6767 Telephone (713) 759-6830 Facsimile Counsel for Relators 4850-3036-4197.1 4 CERTIFICATE OF SERVICE I certify that a true and correct copy of the Emergency Motion to Stay was served on the following counsel of record by e-file, facsimile, or Certified Mail, Return Receipt Requested and/or by email on June 22, 2015: Rusty Hardin rhardin@rustyhardin.com Robert P. Wynne bwynne@rustyhardin.com 5 Houston Center 1401 McKinney, Suite 2250 Houston, Texas 77010 Honorable Joseph J. “Tad” Halbach, Jr. Via email: Bernadette.Lynch@hcdistrictclerk.com 333rd Judicial District Court Harris County Civil Courthouse 201 Caroline, 14th Floor Houston, Texas 77002 /s/ Kent M. Adams Kent M. Adams CERTIFICATE OF COMPLIANCE Under Texas Rule of Appellate Procedure 52.10, I certify that, prior to the filing of this motion, I notified counsel for the Real Party in Interest that an emergency motion for stay would be filed. /s/ Kent M. Adams Kent M. Adams 4850-3036-4197.1 5 NO: 01-15-00551-CV IN THE FIRST COURT OF APPEALS HOUSTON, TEXAS ____________________________________________________ In re Camp La Junta 1928, LP, Blake Smith, Camp La Junta, Inc., and CLJ Management Systems, L.L.C. ____________________________________________________ Original Proceeding from the 333rd District Court of Harris County, Texas Cause No. 2012-31192 Honorable Joseph “Tad” Halbach, Presiding _________________________________________ ORDER ________________________________________________ After considering Relators’ Emergency Motion to Stay, the Court GRANTS the Motion and: stays all further proceedings in Cause No. 2012-31192, Johnny Doe, by and through his Parents, John and Jane Doe v. Camp La Junta 1928, L.P., et al., In the District Court of Harris County, 333rd Judicial District, pending review of the merits of the Original Petition for Writ of Mandamus. SIGNED on _______________________, 2015. ____________________________________ JUDGE PRESIDING 4850-3036-4197.1