in Re Camp La Junta 1928, LP, Blake Smith, Camp La Junta, Inc., CLJ Management Systems, L.L.C. ( 2015 )

ACCEPTED
01-15-00551-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/22/2015 12:10:51 PM
CHRISTOPHER PRINE
CLERK
NO: 01-15-00551-CV
IN THE FIRST COURT OF APPEALS FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS HOUSTON, TEXAS
____________________________________________________
6/22/2015 12:10:51 PM
CHRISTOPHER A. PRINE
Clerk
In re Camp La Junta 1928, LP, Blake Smith, Camp La Junta, Inc., and CLJ
Management Systems, L.L.C.
____________________________________________________
Original Proceeding from the 333rd District Court of Harris County, Texas
Cause No. 2012-31192
Honorable Joseph “Tad” Halbach, Presiding
____________________________________________________
EMERGENCY MOTION TO STAY PENDING RESOLUTION OF
ORIGINAL PETITION FOR WRIT OF MANDAMUS
___________________________________________________
4850-3036-4197.1
COME NOW, Camp La Junta 1928, LP, Blake Smith, Camp La Junta,
Inc., CLJ Management Systems, L.L.C., (collectively “Relators”),
Defendants below and Relators in the above-entitled and numbered cause,
and file this Emergency Motion to Stay the litigation below pending
resolution of the Original Petition for Writ of Mandamus.
An Appellate Court may grant temporary relief pending its
determination of an original proceeding, including a stay of all underlying
proceedings.1 The stay affords the Court opportunity to address the dispute
raised by a Petition for Writ of Mandamus by maintaining the status quo
until it can address that dispute.2
Real Parties in Interest brought this action as a “John Doe” proceeding
to protect the identity of the minor plaintiff, Johnny Doe, who alleges that he
was sexually assaulted while at Relators’ camp. The identity and privacy of
Johnny Doe is obviously of paramount importance to him, and evidence
related to various motions at the Trial Court level, and the Petition for Writ
1
TEX. R. APP. P. 52.10; In re Bates, 429 S.W.3d 47, 53 (Tex. App.—Houston [1st Dist.]
2014, orig. proceeding)(“An appellate Court may grant any just relief pending the Court's
action on a mandamus petition, including a stay of all underlying proceedings in the trial
Court.”)
2
In re Kelleher, 999 S.W.2d 51, 52 (Tex. App.—Amarillo 1999, orig. proceeding); see In
re Reed, 901 S.W.2d 604, 609 (Tex. App.--San Antonio 1995, orig. proceeding).
4850-3036-4197.1 2
of Mandamus, has been or will be submitted by all parties in camera and/or
filed under seal to protect Johnny Doe’s anonymity.
In their Original Petition for Writ of Mandamus, Relators argue that
the Trial Court abused its discretion in denying the First Amended Motion
for Appointment of Guardian ad Litem. The crux of Relators’ Petition for
Mandamus is that there appear to be adverse interests between Johnny Doe
and his Next Friends regarding Johnny Doe’s wishes, especially related to
settlement or a public trial of this action.
Trial is set for August 3, 2015. There is no adequate remedy on
appeal if this case proceeds to trial without the benefit of a guardian ad litem
for minor Plaintiff-Real Party in Interest Johnny Doe to be in place to advise
the Court as the statute contemplates. Likewise, failure to grant a motion to
stay could result in irreparable harm and the unnecessary loss of anonymity
by Johnny Doe.
To allow the appellate Court time to consider and rule on the Petition
for Writ of Mandamus, and most importantly to prevent a minor, the Real
Party in Interest, from suffering irreversible harm which cannot be remedied
on appeal, Relators request an order from this Court staying litigation below,
pending review and resolution by this Court of the Original Petition for Writ
of Mandamus.
4850-3036-4197.1 3
WHEREFORE, for the reasons set forth above, Camp La Junta 1928,
LP, Blake Smith, Camp La Junta, Inc., CLJ Management Systems, L.L.C
respectfully requests that this Court immediately stay proceedings in the
underlying litigation pending this Court’s consideration and ruling on
Relators’ Original Petition for Writ of Mandamus, and Relators request
general and equitable relief.
Respectfully submitted,
LEWIS BRISBOIS BISGAARD &
SMITH, LLP
/s/ Kent M. Adams
Kent M. Adams
State Bar Number 00869200
Kent.adams@lewisbrisbois.com
Sarah M. Davis
State Bar Number 24031998
Sarah.davis@lewisbrisbois.com
Kristie E. Johnson
State Bar Number 24038382
Kristie.johnson@lewisbrisbois.com
24 East Greenway Plaza, Suite 1400
Houston, Texas 77046
(713) 659-6767 Telephone
(713) 759-6830 Facsimile
Counsel for Relators
4850-3036-4197.1 4
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the Emergency Motion to Stay
was served on the following counsel of record by e-file, facsimile, or
Certified Mail, Return Receipt Requested and/or by email on June 22, 2015:
Rusty Hardin
rhardin@rustyhardin.com
Robert P. Wynne
bwynne@rustyhardin.com
5 Houston Center
1401 McKinney, Suite 2250
Houston, Texas 77010
Honorable Joseph J. “Tad” Halbach, Jr.
Via email: Bernadette.Lynch@hcdistrictclerk.com
333rd Judicial District Court
Harris County Civil Courthouse
201 Caroline, 14th Floor
Houston, Texas 77002
/s/ Kent M. Adams
Kent M. Adams
CERTIFICATE OF COMPLIANCE
Under Texas Rule of Appellate Procedure 52.10, I certify that, prior to
the filing of this motion, I notified counsel for the Real Party in Interest that
an emergency motion for stay would be filed.
/s/ Kent M. Adams
Kent M. Adams
4850-3036-4197.1 5
NO: 01-15-00551-CV
IN THE FIRST COURT OF APPEALS
HOUSTON, TEXAS
____________________________________________________
In re Camp La Junta 1928, LP, Blake Smith, Camp La Junta, Inc., and CLJ
Management Systems, L.L.C.
____________________________________________________
Original Proceeding from the 333rd District Court of Harris County, Texas
Cause No. 2012-31192
Honorable Joseph “Tad” Halbach, Presiding
_________________________________________
ORDER
________________________________________________
After considering Relators’ Emergency Motion to Stay, the Court
GRANTS the Motion and:
stays all further proceedings in Cause No. 2012-31192, Johnny
Doe, by and through his Parents, John and Jane Doe v. Camp La Junta
1928, L.P., et al., In the District Court of Harris County, 333rd Judicial
District, pending review of the merits of the Original Petition for Writ of
Mandamus.
SIGNED on _______________________, 2015.
____________________________________
JUDGE PRESIDING
4850-3036-4197.1