Michael Drew, Government Energy Management, LLC v. Elumenus Lighting Corporation, Inc.

Opinion

Order entered February 12, 2014

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-13-01551-CV

MICHAEL DREW, GOVERNMENT ENERGY MANAGEMENT, LLC, ET AL., Appellants

V.

ELUMENUS LIGHTING CORPORATION, INC., Appellee

On Appeal from the 199th Judicial District Court Collin County, Texas

Trial Court Cause No. 199-02318-2013

ORDER

The underlying suit in this interlocutory appeal was brought by appellee against multiple

defendants. Of the multiple defendants, five are parties to the appeal. By order entered January 17, 2014, we granted appellants’ motion to stay all trial court proceedings, including discovery. On January 31, 2014, appellee filed a motion to clarify the order, inquiring whether it could conduct “limited discovery” against, and “seek relief from the trial court” in connection with actions taken by, certain defendants who are not parties to the appeal. Appellants oppose appellee’s motion, asserting any trial proceedings “could potentially impact” them and would require their counsel’s presence.

Our January order stays “all further proceeding in the trial court, including discovery, pending resolution of the appeal or further order of this Court.” (emphasis added) Accordingly, to the extent appellee seeks to conduct any discovery and seek relief from the trial court against defendants not parties to the appeal, we DENY appellee’s motion.

/s/ ELIZABETH LANG-MIERS JUSTICE