Order entered September 17, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00794-CV
IN RE XTC CABARET (DALLAS), INC., Relator
Original Proceeding from the 116th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-13178
ORDER
Before Justices Schenck, Nowell, and Garcia
Before the Court is relator’s September 13, 2021 petition for writ of
mandamus challenging the trial court’s August 20, 2021 order granting in part real
party in interest’s motion to compel discovery.
On the court’s motion, we STAY the portions of the trial court’s August 20,
2021 order concerning Requests for Production Nos. 8, 9, 10, 11, 25, 30, 38, 41, 42
and Interrogatory No. 15 to the following extent.1 We STAY the trial court’s order
to the extent that it requires relator to produce information regarding incidents that
do not involve assaults, armed robbery, or firearm discharge. We also STAY the
1
Justice Schenck would have granted the requested stay in full.
trial court’s order to the extent that it requires relator to produce any documents,
incident reports, investigative materials, and policies or procedures for a timeframe
going beyond the two-year period preceding the January 1, 2019 incident. The trial
court’s order shall not be stayed to the extent that it requires relator to produce
information regarding assaults, armed robbery, or firearm discharge that occurred
in the two-year period preceding the January 1, 2019 incident.
We also STAY the trial court’s order to the extent that it requires relator to
comply with Request for Production No. 25 concerning relator’s gross income in
2017 and 2018.
This stay shall remain in effect pending resolution of this original
proceeding.
We also request that real party in interest and respondent file their responses,
if any, to the petition for writ of mandamus by October 6, 2021.
/s/ DENNISE GARCIA
JUSTICE