Todd Dyer, PHRK Intervention, Inc., PHRK Intervention, LLC, and Southside Device, LLC v. Medoc Health Services, LLC, and Total RX Care, LLC

Order entered February 14, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00472-CV
TODD DYER, PHRK INTERVENTION, INC., PHRK INTERVENTION, LLC, AND
SOUTHSIDE DEVICE, LLC, Appellants
V.
MEDOC HEALTH SERVICES, LLC AND TOTAL RX CARE, LLC, Appellees
On Appeal from the 14th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-00822
ORDER
Before Justices Whitehill, Molberg, and Reichek
On May 1, 2018, Medoc Health Services, LLC and Total Rx Care, LLC (collectively
Medoc) filed an emergency motion in this interlocutory appeal requesting that we lift the
automatic stay imposed by section 51.014(b) of the Texas Civil Practice and Remedies Code.
Medoc specifically requested we lift the stay to allow (1) the trial court to address appellants
Todd Dyer, PHRK Intervention, Inc., PHRK Intervention, LLC, and Southside Device’s failure
to comply with a temporary restraining order, (2) the parties to conduct “reasonable expedited
discovery” pursuant to the trial court’s January 31, 2018 order, (3) the trial court to proceed with
a hearing on Medoc’s application for temporary injunction, (4) Medoc to proceed with claims in
the trial court against defendants who have not filed a motion under Chapter 27 of the civil
practice and remedies code, see TEX. CIV. PRAC. & REM. CODE ANN. §§ 27.001–.011 (the
TCPA), and (5) the trial court to conduct a hearing on whether appellants’ motion under the
TCPA was frivolous or filed for purposes of delay. We denied Medoc’s motion on May 11,
2018. On the Court’s own motion, we VACATE our May 11, 2018 order.
We GRANT Medoc’s motion in part and LIFT THE STAY imposed by section
51.014(b) of the civil practice and remedies code for the limited purposes of allowing the trial
court to (1) determine new deadlines for the discovery contemplated in its January 31, 2018
order, (2) consider any objections to discovery conducted pursuant to its January 31, 2018 order,
and (3) conduct a hearing on Medoc’s application for temporary injunction against all
defendants.
In all other respects, Medoc’s motion is DENIED.
/s/ BILL WHITEHILL
JUSTICE