in Re IPSecure, Inc.

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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 2 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. 3 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 4 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 5