in Re Zak Nakhoda, James Wesselski, Kenneth Chambers, Philip Spotts, the Structural Alliance, Wesgroup Consulting, LLC, and the Mission Group

Opinion

ACCEPTED 01-15-00695-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 11/5/2015 4:28:19 PM CHRISTOPHER PRINE CLERK

No. 01-15-00695-CV FILED IN IN THE COURT OF APPEALS 1st COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST DISTRICT OF TEXAS 11/5/2015 4:28:19 PM CHRISTOPHER A. PRINE Clerk IN RE ZAK NAKHODA, JAMES WESSELSKI, KENNETH CHAMBERS, PHILIP SPOTTS, THE STRUCTURAL ALLIANCE, WESGROUP CONSULTING, LLC, AND THE MISSION GROUP, Relators.

Original Mandamus Proceeding from the 80th District Court, Harris County, Texas; Rankin Road, Inc. v. Underwriters at Lloyds of London, Gulf Coast Claims Service, Pat Donovan, and John Andres Trial Court Cause 2010-25885

RELATORS’ AGREED MOTION TO DISMISS MANDAMUS AS MOOT

TO THE HONORABLE COURT:

Relators Zak Nakhoda, James Wesselski, Kenneth Chambers, Philip Spotts,

The Structural Alliance, Wesgroup Consulting, LLC, and The Mission Group

(“Relators”) initiated this mandamus proceeding to seek review of Judge Larry

Weiman’s August 12, 2015 order compelling production of seven years of 1099s

and W-2s showing income received by Relators from counsel for Rankin Road, a

party in the underlying lawsuit.

The Court stayed enforcement of that order pending review of Relators’

Petition for Writ of Mandamus, and directed Real Parties in Interest to file their

Response to Relators’ Petition on or before September 4, 2015. Real Parties in

1 Interest then moved for, and the Court granted, an extension of the response

deadline.

On August 25, 2015, Judge Weiman recused himself from the underlying

proceeding. The case was re-assigned to The Honorable Debra Ibarra Mayfield. The

Court then abated this proceeding until September 25, 2015 to allow Judge Mayfield

to reconsider the August 12th order. The Court directed the trial court to file a

supplemental clerk’s record containing any order issued by Judge Mayfield with

respect to her reconsideration of the August 12th order.

Judge Mayfield heard arguments of counsel on September 21, 2015, but did

not issue a ruling. She subsequently requested that Relators’ counsel issue a notice

of hearing for October 19, 2015. The parties then filed an Agreed Motion to Extend

Abatement, which the Court granted, extending the abatement period to October 20,

2015.

Judge Mayfield heard additional argument on October 19, 2015, and advised

the parties that she would issue a ruling on or before October 30, 2015. On the

parties’ motion, the Court again extended the abatement period to November 6,

2015.

On October 29, 2015, Judge Mayfield issued an order granting the motion for

protection and quashing the depositions on written question and discovery

subpoenas directed to Relators. Order, Oct. 29, 2015 (attached as Exhibit A). On

2 November 5, 2015, Relators requested that the trial court clerk file a supplemental

clerk’s record containing Judge Mayfield’s order, in compliance with this Court’s

directive.

In its mandamus petition, Relators requested an order compelling the trial

court to vacate the August 12, 2015 order requiring production of the documents and

granting Relators’ motion for protection. With that relief having been granted by

Judge Mayfield, it now appears this mandamus proceeding is moot and should be

dismissed. See In re Gonzales, 03-12-00611-CV, 2013 WL 238736, at *1 (Tex.

App.—Austin Jan. 17, 2013, orig. proceeding); In re Luna, 317 S.W.3d 484, 484

(Tex. App.—Amarillo 2010, orig. proceeding). Relators therefore request that the

Court lift its abatement and dismiss this mandamus proceeding. All costs in the

appellate courts will be borne by the party incurring them.

PRAYER

Relators, Zak Nakhoda, James Wesselski, Kenneth Chambers, Philip Spotts,

The Structural Alliance, Wesgroup Consulting, LLC, and The Mission Group,

request that the Court lift its abatement and dismiss this mandamus action without

prejudice. Relators further pray for any other relief to which they are entitled.

3 Respectfully Submitted,

FOGLER, BRAR, FORD, O’NEIL & GRAY LLP

By: /s/ Murray Fogler Murray Fogler State Bar No. 07207300 mfogler@beckredden.com Jas Brar State Bar No. 24059483 Robin O’Neil State Bar No. 24079075 711 Louisiana, Suite 500 Pennzoil Place, South Tower Houston, Texas 77002 (713) 481-1010 (713) 574-3224 (Fax)

ATTORNEYS FOR RELATORS

4 CERTIFICATE OF CONFERENCE

Counsel for Relators has conferred with counsel for Real Parties in Interest and they are unopposed to this motion.

/s/ Robin O’Neil Robin O’Neil

5 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was properly forwarded to counsel of record for the Real Parties in Interest in accordance with Rule 9.5 of the Texas Rules of Appellate Procedure on the 5th day of November 2015, as follows:

Counsel for Real Parties in Interest:

Ms. Tamara M. Madden Mr. Casey T. Wallace JOHNSON, TRENT, WEST & TAYLOR, LLP 919 Milam Street, Suite 1700 Houston, Texas 77002

Ronald E. Tigner Gregory S. Hudson COZEN & O’CONNOR 1221 McKinney Suite 2900 Houston, Texas 77010 (832) 214-3900 (832) 214-3905 (fax)

Respondent:

The Honorable Larry Weiman 80th Judicial District Court 201 Caroline, 9th Floor Houston, Texas 77002 713-368-6100

/s/ Robin O’Neil Robin O’Neil