ACCEPTED
04-15-00622-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
10/2/2015 10:48:18 AM
KEITH HOTTLE
CLERK
04-15-00622-CV
NO. ______________
FILED IN
IN THE COURT OF APPEALS 4th COURT OF APPEALS
FOURTH COURT OF APPEALS DISTRICTSAN ANTONIO, TEXAS
SAN ANTONIO, TEXAS 10/2/2015 10:48:18 AM
KEITH E. HOTTLE
Clerk
IN RE IPSECURE, INC.,
Relator
_______________________________________________
Original Proceeding Arising out of Cause No. 2014-CI-02257
in the 407th Judicial District Court, Bexar County, Texas
The Honorable Peter Sakai, Presiding
MOTION FOR EMERGENCY TEMPORARY STAY OF
ORDER COMPELLING DISCOVERY BY OCTOBER 5, 2015
_______________________________________________
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Relator IPService, Inc. files this Emergency Motion requesting a
temporary stay of the trial court’s Order on Plaintiff’s Motion to Compel
Answers to Discovery (Against Defendant IPSecure, Inc.) with regard to
Requests for Production Nos. 1 and 7 pending resolution of this proceeding.
The order, which was signed October 2, 2015, requires Relator to
comply by October 5, 2015. Emergency relief is necessary to preserve
this Court’s jurisdiction to decide important questions raised in Relator’s
Petition for Writ of Mandamus regarding whether the trial court clearly
abused its discretion by ordering Relator to respond to requests for
production that seek irrelevant information as well as documents
containing confidential, private, trade secret, and proprietary business
information.
I.
Relator seeks issuance of a writ of mandamus to compel the
Honorable Peter Sakai, Judge of 225th District Court, Bexar County, Texas,
to vacate his Order on Plaintiff’s Motion to Compel Answers to Discovery
(Against Defendant IPSecure, Inc.), which was signed on October 2, 2015.
MR 229.
II.
As demonstrated in Relator’s Petition for Writ of Mandamus, the trial
court clearly abused its discretion by ordering Relator to respond to
Requests for Production Nos. 1 and 7, which seek irrelevant information as
well as documents containing confidential, private, trade secret, and
proprietary business information.
III.
Furthermore, appeal following resolution of the remaining claims
would not provide an adequate remedy, because a discovery order that
compels production of privileged or confidential information that will
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materially affect the rights of the aggrieved party. Walker v. Packer, 827
S.W.2d 833, 843 (Tex. 1992) (orig. proceeding).
IV.
Relator has filed its mandamus petition as expeditiously as possible –
the same day that the trial court signed the order that is the subject of this
proceeding. Therefore, to preserve this Court’s jurisdiction, Relator
respectfully requests that the Court stay the order compelling discovery so
that it can consider the merits of Relator’s Petition for Writ of Mandamus
filed concurrently with this Motion.
For these reasons, Relator respectfully requests that this Court issue a
stay that prevents enforcement of the Order on Plaintiff’s Motion to Compel
Answers to Discovery (Against Defendant IPSecure, Inc.) as to Requests for
Production Nos. 1 and 7, pending the Court’s action on Relator’s Petition
for Writ of Mandamus. Relator further prays for such other relief, at law or
in equity, to which it may be entitled.
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Respectfully submitted,
DAVIS, CEDILLO & MENDOZA, INC. HOUSTON DUNN, PLLC
Ronald E. Mendoza Nissa M. Dunn
State Bar No. 13937700 State Bar No. 14766450
Ryan J. Tucker Samuel V. Houston, III
State Bar No. 24033407 State Bar No. 24041135
755 E. Mulberry Avenue, Suite 500 4040 Broadway, Suite 440
San Antonio, Texas 78212 San Antonio, Texas 78209
(210) 822-6666 – Telephone (210) 775-0880 - Telephone
(210) 822-1151 – Telecopier (210) 826-0075 – Telecopier
rmendoza@lawdcm.com nissa@hdappeals.com
rtucker@lawdcm.com
By /s/ Nissa M. Dunn
Nissa M. Dunn
ATTORNEYS FOR RELATOR
IPSECURE, INC.
CERTIFICATE OF COMPLIANCE AND CONFERENCE
I certify that under Texas Rule of Appellate Procedure 52.10, I
attempted to confer with Ms. Mary J. Ibarra-Myers and Mr. Roger
Bresnahan, counsel for Real Party in Interest, by telephone on October 2,
2015 regarding this motion for emergency relief. I was unable to speak with
either Ms. Ibarra-Myers or Mr. Bresnahan, but I did leave voice mail
messages explaining that that Relator would be filing this motion seeking
emergency temporary relief as set out in this motion.
/s/ Ryan J. Tucker
Ryan J. Tucker
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CERTIFICATE OF SERVICE
I certify that a true and correct copy of this Motion for Emergency
Temporary Stay was served on the 2nd day of October 2015, by electronic
service and/or e-mail on:
Scott A. Farrimond
Roger G. Bresnahan
Mary J. Ibarra-Myers
130 E. Travis Street, Suite 350
San Antonio, Texas 78205
sfarrimond@fcbtxlaw.com
rbresnahan@fcbtxlaw.com
mibarra@fcbtxlaw.com
Attorneys for Plaintiff/Real Party in Interest
Robert Ramirez
8535 Wurzbach, Suite 101
The Galaxy II Bldg.
San Antonio, Texas 78240
rramirezjpd@sbcglobal.net
Attorney for Defendant Jesse A. Rodriguez
By U.S. Mail only:
The Honorable Peter Sakai
225th Judicial District Court
Bexar County Courthouse
100 Dolorosa, Suite 210
San Antonio, Texas 78205
Respondent
/s/ Nissa M. Dunn
Nissa M. Dunn
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in Re IPSecure, Inc.
Combined Opinion