in Re State Automobile Mutual Insurance Company ( 2019 )

NUMBER 13-19-00372-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE STATE AUTOMOBILE MUTUAL INSURANCE COMPANY
On Petition for Writ of Mandamus.
ORDER
Before Justices Longoria, Hinojosa, and Perkes
Per Curiam Order
Relator State Automobile Mutual Insurance Company filed a petition for writ of
mandamus and an “Emergency Motion to Stay Discovery Order” in the above cause on
August 1, 2019. Through this original proceeding, relator seeks to compel the trial court
to vacate its July 29, 2019 discovery order which, inter alia, compels relator to provide
corporate witnesses for deposition and to respond to interrogatories and requests for
production. Through its emergency motion to stay, relator seeks to stay the July 29, 2019
discovery order pending resolution of this original proceeding.
The Court, having examined and fully considered the emergency motion to stay,
is of the opinion that the motion should be granted in part and denied in part as stated
herein. The emergency motion is GRANTED in part insofar as the provisions of the July
29, 2019 order authorizing and ordering discovery are ordered STAYED pending further
order of this Court, or until the case is finally decided. See TEX. R. APP. P. 52.10(b)
(“Unless vacated or modified, an order granting temporary relief is effective until the case
is finally decided.”). The emergency motion is DENIED in part as to the other paragraphs
of the July 29, 2019 order. Specifically, relator shall comply with: (1) paragraph 2 of the
order, requiring relator, its attorneys, agents, employees, contractors, or others acting on
its behalf, to cease and desist from further efforts to implement or utilize the information
from the poll or any similar poll; (2) paragraph 8 of the order, requiring relator to refrain
from destroying, concealing, deleting, erasing or altering any documents (in paper or
electronic form) relating or pertaining to the poll, its authorization, approval, preparation,
or implementation; and (3) paragraph 9 of the order requiring relator to provide a copy of
the order to any person, firm or entity involved in any way in the authorization, approval,
preparation, or implementation of the poll, with instructions to not destroy, conceal, delete,
erase, or alter any documents (in paper or electronic form) relating or pertaining to the
poll, its authorization, approval, preparation, or implementation.
The Court requests that the real parties in interest, Wayne Pozzi and Kelly Pozzi,
or any others whose interest would be directly affected by the relief sought, file a response
to the petition for writ of mandamus on or before the expiration of ten days from the date
of this order. See id. R. 52.2, 52.4, 52.8.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed
this 2nd day of August, 2019.
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