Opinion issued October 17, 2002

In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-00811-CV

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IN RE PATTI WHEAT, Relator

Original Proceeding on Petition for Writ of Mandamus

O P I N I O N

Relator, Patti Wheat, has filed a petition for writ of mandamus complaining of Judge McCorkle's ⁽¹⁾ July 8, 2002 order, granting real party in interest Andon Specialities, Inc.'s petition to depose relator under Tex. R. Civ. P. 202.1(b). We deny the petition.

Relator filed a complaint with the Equal Employment Opportunity Commission ("EEOC") alleging that real party in interest has violated Title VII of the Civil Rights Act of 1964, 41 U.S.C. sec. 2000e, et seq. and the Texas Commission on Human Rights Act. Specifically, relator alleged that real party in interest was guilty of sexual harassment. Real party in interest filed a petition for a Rule 202 deposition on the basis that it needed to investigate a potential claim or suit. Relator filed a Motion to Quash and Protective Order, urging that the deposition was not necessary at this time because any information real party in interest needed could be obtained from the EEOC. Real party in interest's petition was granted on July 8, 2002. Relator filed this petition for writ of mandamus on August 2, 2002. We find no basis on which to hold that the trial court abused its discretion in ordering the deposition of relator.

We deny the petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Hedges, Jennings, and Keyes.

Do not publish. Tex. R. App. P. 47.

1.The Honorable Lamar McCorkle, judge of the 133rd District Court of Harris County, Texas. The underlying petition is styled In re Andon Specialities, Inc. , trial court cause no. 2002-24570.