MES Partners, Inc. and Miller Environmental Services, LLC v. David Lantz and USA DeBusk LLC ( 2022 )

Order entered April 11, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00244-CV
MES PARTNERS, INC., ET AL., Appellants
V.
DAVID LANTZ, ET AL., Appellees
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-22-01584
ORDER
On March 31, 2022, a two-volume clerk’s record was filed. Volume two
was filed under seal and contains: (1) Plaintiffs’ Response to Motion on Choice of
Law and (2) Declaration of Megan C. McKennon in Support of Plaintiffs’
Response to Motion on Choice of Law. The record before the Court does not
contain a sealing order with regard to these two documents.
Under Texas Rule of Civil Procedure 76a, court records are generally
presumed to be open to the general public and may be sealed only upon motion and
if certain conditions are met. See TEX. R. CIV. P. 76a. Among those conditions are
that the movant must provide public notice, the trial court must hold a hearing on
the motion in open court as soon as practicable, and the trial court must issue an
order that complies with the requirements of rule 76a(6). See id. 76a(3), (4) & (6).
The trial court may issue a temporary sealing order in certain circumstances, but
any temporary order must set the time for the required open court hearing and
direct the movant to immediately give the public notice regarding the open court
hearing. See id. 76a(5).
There is currently no authority for any portion of the clerk’s record to be
filed under seal. Accordingly, the sealed volume of the clerk’s record shall remain
under seal for FORTY DAYS to allow the parties to obtain an order that complies
with the requirements of Rule 76a from the trial court that permanently seals the
two documents contained in the sealed clerk’s record. See TEX. R. CIV. P. 76a.
Alternatively, if the parties prefer, they can file redacted documents to protect
sensitive information. See TEX. R. APP. P. 9.9.
The parties shall provide, within FORTY DAYS of the date of this order,
written verification whether the trial court signed a sealing order pertaining to the
two documents currently filed under seal. If the trial court does not sign a sealing
order within the time prescribed, the Court will order the sealed clerk’s record
unsealed.
If the trial court signs a sealing order, we ORDER Dallas County District
Clerk Felicia Pitre to file, within FORTY-FIVE DAYS of the date of this order, a
supplemental clerk’s record containing the sealing order.
On April 7, 2022, a seven-volume reporter’s record was filed. Exhibits
Volumes five and seven were filed under seal. A temporary sealing order that is
viewable on the trial court’s website temporarily seals forty-three exhibits that
were admitted at the temporary injunction hearing. In accordance with rule 76a(4),
the hearing on the motion to permanently seal these exhibits is scheduled for April
13, 2022. See TEX. R. CIV. P. 76a(4). Accordingly, we further ORDER Ms. Pitre
to file, within FIFTEEN DAYS of the date of this order, a supplemental clerk’s
record containing the trial court’s signed order on the motion to permanently seal
the exhibits currently filed under seal. If a supplemental clerk’s record containing
an order permanently sealing the exhibits is not filed within the time prescribed,
the Court will order volumes five and seven of the reporter’s record unsealed.
We DIRECT the Clerk of this Court to send a copy of this order to the
Honorable Dale Tillery, Presiding Judge of the 134th Judicial District Court; Ms.
Pitre; Tina Thompson, Official Court Reporter for the 134th Judicial District
Court; and, the parties.
/s/ KEN MOLBERG
JUSTICE