ACCEPTED 01-15-00758-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/3/2015 4:52:38 PM CHRISTOPHER PRINE No. 01-15-00758-CV CLERK _______________________________________________________________________

IN THE FIRST COURT OF APPEALS FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS HOUSTON, TEXAS ____________________ 9/3/2015 4:52:38 PM CHRISTOPHER A. PRINE Clerk In Re Advanced Powder Solutions, Inc. Relator, ____________________

Original Proceeding from the 125th District Court Harris County, Texas Trial Court Cause No. 2014-16020 The Honorable Kyle Carter, Presiding ____________________

MOTION FOR TEMPORARY RELIEF ____________________ Donald M. Hudgins (10149000) [email protected] Michael D. Hudgins (00787731) [email protected] Steven F. Hudgins (00793993) [email protected] Nicole James Petrelli (24035568) [email protected] THE HUDGINS LAW FIRM, P.C.

24 Greenway Plaza, Suite 2000 Houston, Texas 77046 Telephone (713) 623-2550 Facsimile (713) 623-2793 COUNSEL FOR RELATOR ADVANCED POWDER SOLUTIONS, INC.

TEMPORARY RELIEF AND ORAL ARGUMENT REQUESTED ________________________________________________________________________ ________ No. 01-15-00758-CV __________________________________________________________________

IN THE FIRST COURT OF APPEALS HOUSTON, TEXAS ____________________

In Re Advanced Powder Solutions, Inc. Relator, ____________________

Original Proceeding from the 125th District Court Harris County, Texas Trial Court Cause No. 2014-16020 The Honorable Kyle Carter, Presiding ____________________ MOTION FOR TEMPORARY RELIEF ____________________ TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS: Relator/Movant, Advanced Powder Solutions, Inc., files this Motion for Temporary Relief, and in support shows as follows: A.

SUMMARY OF RELIEF REQUESTED This is Relator’s Motion for Temporary Relief following the trial court’s order dated July 17, 2015, denying its motion for physical exam (MR 190); more specifically, this motion seeks a temporary stay of the trial and removal of this case from its current trial setting.

B.

PROCEDURAL BACKGROUND 1. This case is currently set for trial on October 19, 2015.

2. Relator’s motion for exam was originally filed on May 7, 2015. (MR 67).

3. The briefing associated with Relator’s motion for exam including Plaintiffs’ response and Relator’s reply, was completed on June 19, 2015. (MR 67- 189) 4. The trial court denied Relator’s Motion for Exam on July 17, 2015. (MR 190).

C.

BASIS FOR TEMPORARY RELIEF 5. Pursuant to Texas Rule of Appellate Procedure 52.10(a), Relator/Movant seeks a stay of the trial and removal of this case from its current trial setting.

6. Temporary relief is necessary so Relator/Movant is afforded the opportunity to examine the physical condition of the Plaintiff and prepare a viable defense prior to the trial on the merits.

D.

CONCLUSION AND PRAYER For these reasons, Relator/Movant requests this Court immediately grant this motion for temporary relief staying the trial and an order that this case be removed from its current trial setting, and to grant it such further relief, either at law or in equity, to which it may show itself justly entitled.

Respectfully submitted, THE HUDGINS LAW FIRM A PROFESSIONAL CORPORATION By: /s/ Michael D. Hudgins Donald M. Hudgins (10149000) [email protected] Michael D. Hudgins (00787731) [email protected] Steven F. Hudgins (00793993) [email protected] Nicole James Petrelli (24035568) [email protected] Greenway Plaza, Suite 2000 Houston, Texas 77046 Telephone (713) 623-2550 Facsimile (713) 623-2793 COUNSEL FOR RELATOR/MOVANT

CERTIFICATE OF COMPLIANCE Pursuant to Rule 52.10(a) of the Texas Rules of Civil Procedure, counsel for Relator/Movant, Steven Hudgins, contacted counsel for Plaintiffs, the real parties in interest, and advised counsel for the real parties in interest of the filing of this motion for temporary relief and the petition for mandamus. Counsel for Plaintiffs advised they were opposed to this motion.

/s/ Steven F. Hudgins Steven F. Hudgins

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Motion for Temporary Relief was served on the following counsel: Kurt Arnold [email protected] Kyle Findley [email protected] Arnold & Itkin LLP 6009 Memorial Drive Houston, Texas 77007 Counsel for Real Party in Interest Charles A. Sturm [email protected] Sturm Law, PLLC Main Street, Suite 330 Houston, Texas 77002 Counsel for Relator via electronic mail and/or electronic service on the 3rd day of September 2015; and Honorable Kyle Carter Judge, 125th Judicial Court Harris County Courthouse Caroline Houston, Texas 77002 Respondent via certified mail, return receipt requested on the 3rd day of September 2015.

/s/ Michael D. Hudgins Michael D. Hudgins