In Re Transocean Offshore Deepwater Drilling Inc. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 7, 2023
• Docket: 01-23-00508-CV
• Status: Published

Opinion

Opinion issued November 7, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00508-CV ——————————— IN RE TRANSOCEAN OFFSHORE DEEPWATER DRILLING INC., TRITON VOYAGER ASSET LEASING GMBH, TRITON VOYAGER ASSET LEASING GMBH, ASGARD US, AND BOE EXPLORATION & PRODUCTION LLC, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators Transocean Offshore Deepwater Drilling Inc., Triton Voyager Asset

Leasing GmbH, Triton Voyager Asset Leasing GmbH, Asgard US, and BOE

Exploration & Production LLC have filed a petition for writ of mandamus

challenging the trial court’s June 2, 2023 order denying relators’ motion to compel the independent neuropsychological examinations of real parties in interest Jerry

Branton, Christopher Pleasant, Richard Rhodes, and Montie Watkins.1 In their

mandamus petition, relators requested that the Court issue a writ of mandamus and

direct the trial court to “vacate [its] order of June 2, 2023” and order real parties in

interest “to submit to an independent neuropsychological examination.”

On October 16, 2023, relators filed a motion to dismiss their petition for writ

of mandamus. In the motion, relators state that “[w]hile this original proceeding was

pending,” real parties in interest withdrew their objections to the requested

independent neuropsychological examinations. In turn, the trial court “entered a

new order granting [relators’] motion in part and effectively withdrawing the

complained-of order.” Relators’ motion further states that the trial court’s new

“order largely moots the petition” for writ of mandamus. Accordingly, relators

requested that the Court dismiss their petition for writ of mandamus.

Relators’ motion does not include a certificate of conference, but more than

ten days have passed since the motion was filed, and no party has opposed the relief

requested in the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a)(2).

1 The underlying case is In re Hurricane Zeta Litigation, Cause No. 2022-36264, in the 113th District Court of Harris County, Texas, the Honorable Rabeea Sultan Collier presiding. 2 Accordingly, we grant relators’ motion and dismiss the petition for writ of

mandamus. We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Kelly, Landau, and Farris.