in Re Mother Doe and Father Doe, Individually and as Next Friends of John Doe and Jane Doe

Opinion

ACCEPTED

01-15-00112-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

5/1/2015 1:58:05 PM

CHRISTOPHER PRINE

CLERK

NO.01-15-00112-CV

FILED IN

1st COURT OF APPEALS

In the First Court of Appeals HOUSTON, TEXAS Houston, Texas

5/1/2015 1:58:05 PM

CHRISTOPHER A. PRINE

Clerk

IN RE: MOTHER DOE AND FATHER DOE, INDIVIDUALLY AND AS NEXT FRIENDS OF JOHN DOE AND JANE DOE

Original Proceeding from Cause No. 1045092 in County Court at Law No. Two (2), Harris County, Texas, Honorable Theresa Chang, Presiding Judge

RELATORS' MOTION FOR REHEARING AND, IN THE ALTERNATIVE,

MOTION FOR EN BANC CONSIDERATION

The Cweren Law Firm

Brian P. Cweren State Bar No. 24001956 3311 Richmond Avenue, Suite 305 Houston, Texas 77098 (713) 622-2111 telephone (713) 622-2119 facsimile bcweren@cwerenlaw.com

Counsel for Mother Doe and Father Doe, Individually and as Next Friends of John Doe and Jane Doe,

Relators

ORAL ARGUMENT REQUESTED

- 1­

Relators Mother and Father Doe, Individually and as and Jane this motion rehearing In to the OpInIOn the Court on April 1 2015.

I. COURT OF ERRED IN DENYING THE PETITION FOR WRIT OF MANDAMUS, THE PROTECTIVE ORDER AT ISSUE VIOLATES THE REQUIREMENTS OF RULE 194 OF THE TEXAS OF CIVIL PROCEDURE.

Rule 194 of the Rules of Civil governs Rule 194.3 that a responding must timely serve a written to a request for and that the requesting party is entitled a copy of any' or insuring agreements would provide for a judgment rendered in case. See Tex. R. 194 and 192.3. an Insunng usually at trial, the authority when allowed the Real in Interest to applicable insurance policies as "Confidential" or "Confidential-for Attorneys Only." This provision Protective Order is contrary to and, as a would effect on lawsuits in County, Texas. the Court of Appeals'

Memorandum Opinion should on this issue.

This appeal was bya panel included Chief Justice and Justices and Lloyd. Court has the authority to grant the portion of this motion and submit the mandamus to the full court, en bane. case such an that resolution by the Court of en bane, is in that the protective Order at issue, as interpreted by Respondent, is so broad in its protection Defendants below, it will prevent a just adjudication underlying

For these Relators request this Honorable Court Appeal to reconsider denial of Relators' Petitioner Writ Mandamus, in part.

In the alternative, Relators request . Honorable Court consider the for Writ of Mandamus en bane.

CERTIFICATE OF COMPLIANCE

I hereby certify that this document (upon exclusion of those contents exempted by Rule 9.4(i)(1) of the Texas Rules of Appellate Procedure) contains 370 words.

{}-A --­

Brian P. Cweren

CERTIFICATION

I certify that I have reviewed the petition for writ of mandamus and have concluded that every factual statement made in the petition is supported by competent evidence included in the appendix or the record.

Brian P Cweren

CERTIFICATE OF SERVICE

As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), ( e), I certify that I have served this document on all other parties -which are listed below­ on the \ <OV day of May, 2015 as follows:

Barbara L. Hachenburg

Germer PLLC

Three Allen Center

333 Clay Street, Suite 4950 Houston, Texas 77002

By (check all that apply)

personal delivery

mail

commercial delivery service X fax (713) 739-7420

Hon. Theresa Chang

County Civil Court at Law Number Two (2)

201 Caroline Street, Suite 740 Houston, Texas 77002

By (check all that apply)

personal delivery

X mail

commercial delivery service fax