in Re Alere Women & Children's Health, LLC

Opinion

Motion Granted and Order filed December 13, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-01065-CV

____________

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

2

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.