in Re Alere Women & Children's Health, LLC ( 2011 )

Motion Granted and Order filed December 13, 2011.
In The
Fourteenth Court of Appeals
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NO. 14-11-01065-CV
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IN RE ALERE WOMEN’S & CHILDREN’S HEALTH, LLC, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
127th District Court
Harris County, Texas
Trial Court Cause No. 2010-09334
ORDER
On December 12, 2011, relator, Alere Women & Children’s Health lLC, filed a
petition for writ of mandamus. See Tex. Gov't Code § 22.221. Relator asks this court to
order the Honorable R. K. Sandhill, Judge of the 127th District Court of Harris County,
Texas, to set aside his order dated December 12, 2011, entered in trial court cause number
2010-09334, styled Adam Cortez, Individually and as Next Friend of Angela Cortez v.
Alere Women’s & Children’s Health, LLC. Relator claims that the trial court abused its
discretion in striking it expert witnesses.
Relator has also filed a motion for a temporary stay of the trial court’s order. See
Tex. R. App. P. 52.8(b), 52.10. It appears from the facts stated in the petition that relator’s
request for relief requires further consideration and that relator will be prejudiced unless
immediate temporary relief is granted.
We therefore GRANT relator’s motion and ORDER the trial court’s order issued
December 12, 2011, and all proceedings in trial court cause number 2010-09334, styled
Adam Cortez, Individually and as Next Friend of Angela Cortez v. Alere Women’s &
Children’s Health, LLC, STAYED until a final decision by this court on relator’s petition
for writ of mandamus, or until further order of this court.
In addition, the court requests the real party in interest, Adam Cortez, Individually
and as Next Friend of Angela Cortez, to file a response to the petition for writ of mandamus
on or before 5:00 p.m., Thursday, December 15, 2011.
PER CURIAM
Panel consists of Chief Justice Hedges and Justices Brown and Christopher.
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