in Re Christus Health Gulf Coast D/B/A Christus St. Catherine Hospital ( 2014 )

Opinion issued February 11, 2014.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00983-CV
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IN RE CHRISTUS HEALTH GULF COAST D/B/A CHRISTUS
ST. CATHERINE HOSPITAL, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, CHRISTUS Health Gulf Coast d/b/a CHRISTUS St. Catherine
Hospital, has filed a petition for writ of mandamus contending that respondent, the
Honorable Mike D. Miller, abused his discretion in granting real party in interest’s,
Robin Aranza, Individually and on Behalf of Frank Aranza, Deceased, motion to
compel the depositions of three hospital nurses and a hospital corporate
representative.1 CHRISTUS contends that the depositions “constitute pre-suit
depositions of current employees of a hospital that may very likely be later added
as a Defendant” in Aranza’s lawsuit and, therefore, are not allowed under Texas
Civil Practice and Remedies Code section 74.351(s) & (u) and In re Jorden, 249
S.W.3d 416 (Tex. 2008). CHRISTUS requests issuance of a writ of mandamus to
compel respondent to vacate his November 4, 2013 order granting Aranza’s
motion to compel the depositions.
We deny the petition for writ of mandamus. We dismiss any pending
motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Sharp, and Brown.
1
The petition identifies the underlying case as Robin Aranza, Individually and on Behalf of
Frank Aranza, Deceased v. Arturo Gonzalez, M.D., Cause No. 2013-19390, in the 11th
District Court of Harris County, Texas, the Honorable Mike D. Miller, presiding.
2