Relator Richard Alan Heinichen filed a motion for expedited relief⁽¹⁾ and petition for writ of mandamus seeking relief from the trial court's order of September 26, 2000, finding that discovery closed September 6, 2000. Tex. R. Civ. P. 190.3(b)(1)(B). Relator asked the trial court to modify the discovery control plan to allow a variety of discovery to continue, including making a second entry onto plaintiff's property to inspect the disputed rainwater collection system, deposing experts, taking a second deposition from plaintiff Lester Ems and deposing plaintiff Sharon Ems. Tex. R. Civ. P. 190.5. The trial court denied the requested modification. Relator now seeks relief from this Court. We grant the motion for expedited relief. We deny the petition for writ of mandamus except we allow relator to depose plaintiffs Lester Ems and Sharon Ems conditioned on completion of those depositions by November 17, 2000. If not completed by that deadline, the trial court's order of September 26, 2000 remains in place in its entirety. We trust the parties will carry out these two depositions without need for further court intervention.

Before Chief Justice Aboussie, Justices B. A. Smith and Patterson

Filed: October 26, 2000

Do Not Publish

1. The motion for expedited relief is not opposed.