COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
IN RE: DISH NETWORK L.L.C., AND § No. 08-18-00214-CV
ECHOSPHERE L.L.C.,
§ AN ORIGINAL PROCEEDING
Relators.
§ IN MANDAMUS
§
§
§
ORDER
In this original proceeding, Relators are challenging an order issued by the Honorable Luis
Aguilar, former judge of the 243rd District Court of El Paso County, Texas, on November 15,
2018, in cause number 2016-DCV-2745, granting the Real Party in Interest’s motion to permit
pre-arbitration discovery. Judge Aguilar’s term ended on December 31, 2018, and this original
proceeding remains pending. The Honorable Selena Solis became judge of the 243rd District
Court on January 1, 2019.
Relators have filed a motion to substitute Judge Solis as the Respondent in this original
proceeding. See TEX.R.APP.P. 7.2(a)(providing for the automatic substitution of a public officer’s
successor as a party in an appeal or original proceeding). Additionally, Relators request that we
abate the original proceeding to allow Judge Solis to reconsider the decision made by the former
judge. See TEX.R.APP.P. 7.2(b)(requiring appellate court to abate original proceeding to allow the
successor to reconsider the original party’s decision). The motion is GRANTED.
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Accordingly, the Clerk of the Court is directed to change the records for the above-styled
and numbered case to reflect that Judge Solis is substituted as the Respondent. Further, the original
proceeding is abated for forty-five days to allow Judge Solis to reconsider the order being
challenged by Relators in this original proceeding. The stay order entered by this Court on
November 30, 2018 is lifted for the limited purpose of allowing Judge Solis to reconsider the order
challenged by Relators. Relators shall provide the Court with a certified or sworn copy of any
pertinent orders entered by Judge Solis. If necessary, Relators will be provided an opportunity to
file an amended mandamus petition and appendix.
T IS SO ORDERED this 12th day of April, 2019.
PER CURIAM
Before McClure, C.J., Rodriguez and Palafox, JJ.
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