in Re Mother Doe and Father Doe, Individually and as Next Friends of John Doe and Jane Doe ( 2015 )

ACCEPTED
01-15-00112-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/1/2015 1:58:05 PM
CHRISTOPHER PRINE
CLERK
NO.01-15-00112-CV
FILED IN
1st COURT OF APPEALS
In the First Court of Appeals
HOUSTON, TEXAS
Houston, Texas
5/1/2015 1:58:05 PM
CHRISTOPHER A. PRINE
Clerk
IN RE: MOTHER DOE AND FATHER DOE, INDIVIDUALLY AND AS
NEXT FRIENDS OF JOHN DOE AND JANE DOE
Original Proceeding from Cause No. 1045092 in
County Court at Law No. Two (2), Harris County, Texas,
Honorable Theresa Chang, Presiding Judge
RELATORS' MOTION FOR REHEARING AND,
IN THE ALTERNATIVE,
MOTION FOR EN BANC CONSIDERATION
The Cweren Law Firm
Brian P. Cweren
State Bar No. 24001956
3311 Richmond Avenue, Suite 305
Houston, Texas 77098
(713) 622-2111 telephone
(713) 622-2119 facsimile
bcweren@cwerenlaw.com
Counsel for Mother Doe and Father Doe, Individually and as Next Friends of
John Doe and Jane Doe,
Relators
ORAL ARGUMENT REQUESTED
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Relators Mother and Father Doe, Individually and as
and Jane this motion rehearing In to the
OpInIOn the Court on April 1 2015.
I. COURT OF ERRED IN DENYING THE PETITION
FOR WRIT OF MANDAMUS, THE PROTECTIVE
ORDER AT ISSUE VIOLATES THE REQUIREMENTS OF RULE 194
OF THE TEXAS OF CIVIL PROCEDURE.
Rule 194 of the Rules of Civil governs
Rule 194.3 that a responding must timely serve a written
to a request for and that the requesting party is entitled
a copy of any' or insuring agreements would provide
for a judgment rendered in case. See Tex. R. 194 and 192.3.
an Insunng usually at trial, the
authority when allowed the Real in Interest to
applicable insurance policies as "Confidential" or "Confidential-for Attorneys
Only." This provision Protective Order is contrary to
and, as a would effect on
lawsuits in County, Texas. the Court of Appeals'
Memorandum Opinion should on this issue.
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This appeal was bya panel included
Chief Justice and Justices and Lloyd. Court has the authority
to grant the portion of this motion and submit the mandamus to
the full court, en bane. case such an
that resolution by the Court of en bane, is in that the protective
Order at issue, as interpreted by Respondent, is so broad in its protection
Defendants below, it will prevent a just adjudication underlying
For these Relators request this Honorable Court
Appeal to reconsider denial of Relators' Petitioner Writ Mandamus,
in part.
In the alternative, Relators request . Honorable Court consider the
for Writ of Mandamus en bane.
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CERTIFICATE OF COMPLIANCE
I hereby certify that this document (upon exclusion of those contents
exempted by Rule 9.4(i)(1) of the Texas Rules of Appellate Procedure) contains 370
words.
{}-A --­
Brian P. Cweren
CERTIFICATION
I certify that I have reviewed the petition for writ of mandamus and have
concluded that every factual statement made in the petition is supported by
competent evidence included in the appendix or the record.
Brian P Cweren
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CERTIFICATE OF SERVICE
As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), ( e), I
certify that I have served this document on all other parties -which are listed below­
on the \