NUMBER 13-17-00642-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE SCRAP METAL SERVICES, LLC;
SMS ALL STAR HOLDINGS, LLC; ALL STAR METALS, LLC;
JEFRY K. GERTLER; RICHARD A. GERTLER; AND NIKHIL SHAH
On Petition for Writ of Mandamus.
ORDER
Before Justices Rodriguez, Benavides, and Longoria
Per Curiam Order
Relators Scrap Metal Services, LLC; SMS All Star Holdings, LLC; All Star Metals,
LLC; Jefry K. Gertler; Richard A. Gertler, and Nikhil Shah filed a petition for writ of
mandamus and motion for emergency stay in the above cause on November 20, 2017.
Through this original proceeding, relators seek to vacate orders: (1) denying relators’
third amended motion to abate; (2) denying relators’ third amended motion to dismiss for
lack of subject matter jurisdiction; (3) denying in part relators’ special exceptions to
plaintiff’s second amended petition; and (4) denying relators’ second amended motion to
judicially notice and apply the law of Mexico. Through their motion for emergency stay,
relators seek to stay all proceedings in the trial court including the trial of this matter which
is set for December 4, 2017.
The Court requests that the real party in interest, Sustainable Products Services
LLC, file (1) a response to the motion for emergency stay, and (2) a response to the
petition for writ of mandamus. Both responses should be filed with this Court before 5:00
p.m. on Tuesday, November 28, 2017.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
20th day of November, 2017.
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