in Re Zak Nakhoda, James Wesselski, Kenneth Chambers, Philip Spotts, the Structural Alliance, Wesgroup Consulting, LLC, and the Mission Group ( 2015 )

ACCEPTED
01-15-00695-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/5/2015 4:28:19 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00695-CV
FILED IN
IN THE COURT OF APPEALS 1st COURT OF APPEALS
HOUSTON, TEXAS
FOR THE FIRST DISTRICT OF TEXAS
11/5/2015 4:28:19 PM
CHRISTOPHER A. PRINE
Clerk
IN RE ZAK NAKHODA, JAMES WESSELSKI, KENNETH CHAMBERS, PHILIP
SPOTTS, THE STRUCTURAL ALLIANCE, WESGROUP CONSULTING, LLC, AND THE
MISSION GROUP,
Relators.
Original Mandamus Proceeding from the
80th District Court, Harris County, Texas;
Rankin Road, Inc. v. Underwriters at Lloyds of London, Gulf Coast Claims Service, Pat
Donovan, and John Andres
Trial Court Cause 2010-25885
RELATORS’ AGREED MOTION TO DISMISS MANDAMUS AS MOOT
TO THE HONORABLE COURT:
Relators Zak Nakhoda, James Wesselski, Kenneth Chambers, Philip Spotts,
The Structural Alliance, Wesgroup Consulting, LLC, and The Mission Group
(“Relators”) initiated this mandamus proceeding to seek review of Judge Larry
Weiman’s August 12, 2015 order compelling production of seven years of 1099s
and W-2s showing income received by Relators from counsel for Rankin Road, a
party in the underlying lawsuit.
The Court stayed enforcement of that order pending review of Relators’
Petition for Writ of Mandamus, and directed Real Parties in Interest to file their
Response to Relators’ Petition on or before September 4, 2015. Real Parties in
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Interest then moved for, and the Court granted, an extension of the response
deadline.
On August 25, 2015, Judge Weiman recused himself from the underlying
proceeding. The case was re-assigned to The Honorable Debra Ibarra Mayfield. The
Court then abated this proceeding until September 25, 2015 to allow Judge Mayfield
to reconsider the August 12th order. The Court directed the trial court to file a
supplemental clerk’s record containing any order issued by Judge Mayfield with
respect to her reconsideration of the August 12th order.
Judge Mayfield heard arguments of counsel on September 21, 2015, but did
not issue a ruling. She subsequently requested that Relators’ counsel issue a notice
of hearing for October 19, 2015. The parties then filed an Agreed Motion to Extend
Abatement, which the Court granted, extending the abatement period to October 20,
2015.
Judge Mayfield heard additional argument on October 19, 2015, and advised
the parties that she would issue a ruling on or before October 30, 2015. On the
parties’ motion, the Court again extended the abatement period to November 6,
2015.
On October 29, 2015, Judge Mayfield issued an order granting the motion for
protection and quashing the depositions on written question and discovery
subpoenas directed to Relators. Order, Oct. 29, 2015 (attached as Exhibit A). On
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November 5, 2015, Relators requested that the trial court clerk file a supplemental
clerk’s record containing Judge Mayfield’s order, in compliance with this Court’s
directive.
In its mandamus petition, Relators requested an order compelling the trial
court to vacate the August 12, 2015 order requiring production of the documents and
granting Relators’ motion for protection. With that relief having been granted by
Judge Mayfield, it now appears this mandamus proceeding is moot and should be
dismissed. See In re Gonzales, 03-12-00611-CV, 2013 WL 238736, at *1 (Tex.
App.—Austin Jan. 17, 2013, orig. proceeding); In re Luna, 317 S.W.3d 484, 484
(Tex. App.—Amarillo 2010, orig. proceeding). Relators therefore request that the
Court lift its abatement and dismiss this mandamus proceeding. All costs in the
appellate courts will be borne by the party incurring them.
PRAYER
Relators, Zak Nakhoda, James Wesselski, Kenneth Chambers, Philip Spotts,
The Structural Alliance, Wesgroup Consulting, LLC, and The Mission Group,
request that the Court lift its abatement and dismiss this mandamus action without
prejudice. Relators further pray for any other relief to which they are entitled.
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Respectfully Submitted,
FOGLER, BRAR, FORD,
O’NEIL & GRAY LLP
By: /s/ Murray Fogler
Murray Fogler
State Bar No. 07207300
mfogler@beckredden.com
Jas Brar
State Bar No. 24059483
Robin O’Neil
State Bar No. 24079075
711 Louisiana, Suite 500
Pennzoil Place, South Tower
Houston, Texas 77002
(713) 481-1010
(713) 574-3224 (Fax)
ATTORNEYS FOR RELATORS
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CERTIFICATE OF CONFERENCE
Counsel for Relators has conferred with counsel for Real Parties in Interest
and they are unopposed to this motion.
/s/ Robin O’Neil
Robin O’Neil
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was properly
forwarded to counsel of record for the Real Parties in Interest in accordance with Rule
9.5 of the Texas Rules of Appellate Procedure on the 5th day of November 2015, as
follows:
Counsel for Real Parties in Interest:
Ms. Tamara M. Madden
Mr. Casey T. Wallace
JOHNSON, TRENT,
WEST & TAYLOR, LLP
919 Milam Street, Suite 1700
Houston, Texas 77002
Ronald E. Tigner
Gregory S. Hudson
COZEN & O’CONNOR
1221 McKinney Suite 2900
Houston, Texas 77010
(832) 214-3900
(832) 214-3905 (fax)
Respondent:
The Honorable Larry Weiman
80th Judicial District Court
201 Caroline, 9th Floor
Houston, Texas 77002
713-368-6100
/s/ Robin O’Neil
Robin O’Neil
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