in Re IPSecure, Inc.

• Court: Court of Appeals of Texas
• Decided: October 2, 2015
• Docket: 04-15-00622-CV
• Status: Published

Opinion

ACCEPTED 04-15-00622-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 10/2/2015 10:48:18 AM KEITH HOTTLE CLERK 04-15-00622-CV NO. ______________

FILED IN IN THE COURT OF APPEALS 4th COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICTSAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 10/2/2015 10:48:18 AM KEITH E. HOTTLE Clerk

IN RE IPSECURE, INC., Relator

_______________________________________________

Original Proceeding Arising out of Cause No. 2014-CI-02257 in the 407th Judicial District Court, Bexar County, Texas The Honorable Peter Sakai, Presiding

MOTION FOR EMERGENCY TEMPORARY STAY OF ORDER COMPELLING DISCOVERY BY OCTOBER 5, 2015 _______________________________________________

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

Relator IPService, Inc. files this Emergency Motion requesting a

temporary stay of the trial court’s Order on Plaintiff’s Motion to Compel

Answers to Discovery (Against Defendant IPSecure, Inc.) with regard to

Requests for Production Nos. 1 and 7 pending resolution of this proceeding.

The order, which was signed October 2, 2015, requires Relator to

comply by October 5, 2015. Emergency relief is necessary to preserve

this Court’s jurisdiction to decide important questions raised in Relator’s

Petition for Writ of Mandamus regarding whether the trial court clearly abused its discretion by ordering Relator to respond to requests for

production that seek irrelevant information as well as documents

containing confidential, private, trade secret, and proprietary business

information.

I.

Relator seeks issuance of a writ of mandamus to compel the

Honorable Peter Sakai, Judge of 225th District Court, Bexar County, Texas,

to vacate his Order on Plaintiff’s Motion to Compel Answers to Discovery

(Against Defendant IPSecure, Inc.), which was signed on October 2, 2015.

MR 229.

II.

As demonstrated in Relator’s Petition for Writ of Mandamus, the trial

court clearly abused its discretion by ordering Relator to respond to

Requests for Production Nos. 1 and 7, which seek irrelevant information as

well as documents containing confidential, private, trade secret, and

proprietary business information.

III.

Furthermore, appeal following resolution of the remaining claims

would not provide an adequate remedy, because a discovery order that

compels production of privileged or confidential information that will

2 materially affect the rights of the aggrieved party. Walker v. Packer, 827

S.W.2d 833, 843 (Tex. 1992) (orig. proceeding).

IV.

Relator has filed its mandamus petition as expeditiously as possible –

the same day that the trial court signed the order that is the subject of this

proceeding. Therefore, to preserve this Court’s jurisdiction, Relator

respectfully requests that the Court stay the order compelling discovery so

that it can consider the merits of Relator’s Petition for Writ of Mandamus

filed concurrently with this Motion.

For these reasons, Relator respectfully requests that this Court issue a

stay that prevents enforcement of the Order on Plaintiff’s Motion to Compel

Answers to Discovery (Against Defendant IPSecure, Inc.) as to Requests for

Production Nos. 1 and 7, pending the Court’s action on Relator’s Petition

for Writ of Mandamus. Relator further prays for such other relief, at law or

in equity, to which it may be entitled.

3 Respectfully submitted,

DAVIS, CEDILLO & MENDOZA, INC. HOUSTON DUNN, PLLC Ronald E. Mendoza Nissa M. Dunn State Bar No. 13937700 State Bar No. 14766450 Ryan J. Tucker Samuel V. Houston, III State Bar No. 24033407 State Bar No. 24041135 755 E. Mulberry Avenue, Suite 500 4040 Broadway, Suite 440 San Antonio, Texas 78212 San Antonio, Texas 78209 (210) 822-6666 – Telephone (210) 775-0880 - Telephone (210) 822-1151 – Telecopier (210) 826-0075 – Telecopier rmendoza@lawdcm.com nissa@hdappeals.com rtucker@lawdcm.com

By /s/ Nissa M. Dunn Nissa M. Dunn

ATTORNEYS FOR RELATOR IPSECURE, INC.

CERTIFICATE OF COMPLIANCE AND CONFERENCE

I certify that under Texas Rule of Appellate Procedure 52.10, I attempted to confer with Ms. Mary J. Ibarra-Myers and Mr. Roger Bresnahan, counsel for Real Party in Interest, by telephone on October 2, 2015 regarding this motion for emergency relief. I was unable to speak with either Ms. Ibarra-Myers or Mr. Bresnahan, but I did leave voice mail messages explaining that that Relator would be filing this motion seeking emergency temporary relief as set out in this motion.

/s/ Ryan J. Tucker Ryan J. Tucker

4 CERTIFICATE OF SERVICE

I certify that a true and correct copy of this Motion for Emergency Temporary Stay was served on the 2nd day of October 2015, by electronic service and/or e-mail on:

Scott A. Farrimond Roger G. Bresnahan Mary J. Ibarra-Myers 130 E. Travis Street, Suite 350 San Antonio, Texas 78205 sfarrimond@fcbtxlaw.com rbresnahan@fcbtxlaw.com mibarra@fcbtxlaw.com

Attorneys for Plaintiff/Real Party in Interest

Robert Ramirez 8535 Wurzbach, Suite 101 The Galaxy II Bldg. San Antonio, Texas 78240 rramirezjpd@sbcglobal.net

Attorney for Defendant Jesse A. Rodriguez

By U.S. Mail only:

The Honorable Peter Sakai 225th Judicial District Court Bexar County Courthouse 100 Dolorosa, Suite 210 San Antonio, Texas 78205

Respondent

/s/ Nissa M. Dunn Nissa M. Dunn