in Re BP Products North America, Inc.

Opinion

Opinion issued March 13, 2006

In The

Court of Appeals

For the

First District of Texas

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NO. 01-06-00198-CV

IN RE BP PRODUCTS, NORTH AMERICA, INC., Relator

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Original Proceeding on Petition for Writ of Mandamus

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CORRECTED MEMORANDUM OPINIONRelator, BP Products North America, Inc., has filed a petition for a writ of mandamus complaining that respondent, the Honorable Susan Criss, abused her discretion by signing the February 6, 2006 order that granted the motion of the plaintiffs’ steering committee and thus compelled BP to produce, by March 17, 2006, “all e-data derived from backup tapes and maintained on computer hard drives under BP’s control” that were responsive to the plaintiffs’ steering committee’s request, as identified in the February 6, 2006 order and in the manner specified in the order. Relator also filed a motion for emergency relief requesting that we stay respondent’s February 6, 2006 order. On March 9, 2006, we denied relator’s motion for emergency relief.

          We deny the petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Alcala.