in Re: Pepperstone Group Limited ( 2022 )

Order entered February 28, 2022 In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00767-CV IN RE PEPPERSTONE GROUP LIMITED, Relator Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-09573 ORDER Before Justices Schenck, Nowell, and Garcia Based on the Court’s opinion of this date, we CONDITIONALLY GRANT IN PART relator’s petition for writ of mandamus and DIRECT the trial court to issue a written order vacating the portions of its August 24, 2021 Order Granting Plaintiff’s First Emergency Motion to Compel Compliance with Rule 11 Discovery Deadlines that order Pepperstone Group Limited to explain the exact date and circumstances of the destruction of Nashith Wadud’s Skype chat logs and Shankar Das’s Skype chat logs. In all other respects we DENY relator’s petition for writ of mandamus. We further ORDER the trial court to file with this Court, within ten days of the date of this order, a certified copy of its order issued in compliance with this order and with the Court’s opinion of this case. Should the trial court fail to comply with this order, the writ will issue. We VACATE our September 3, 2021 order staying the trial-court proceedings. We ORDER each party to bear its own costs of this original proceeding. /s/ DENNISE GARCIA JUSTICE