Opinion issued May 19, 2016

In The Court of Appeals For The First District of Texas ———————————— NO. 01-16-00406-CV ——————————— IN RE CITY OF BAYTOWN, SCOTT WILLIAMS, AND RON BOTTOMS, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relators, City of Baytown, Scott Williams, and Ron Bottoms, have filed a petition for writ of mandamus, challenging the trial court’s May 16, 2016 “Order Granting Plaintiff’s Motion to Compel Deposition Appearance,” and an emergency motion for stay of “Notices of Intention to Take Oral Deposition.” *

* The underlying case is APTBP, LLC d/b/a Bay Pointe Apartments v. The City of Baytown, Scott Williams, Chief Building Official, and Ron Bottoms, Acting City We deny the petition for writ of mandamus. See TEX. R. APP. P. 52.7(a) & 52.8(a). Accordingly, relators’ emergency motion for stay is dismissed as moot.

PER CURIAM Panel consists of Chief Justice Radack and Justices Bland and Massengale.

Manager, cause number 2015-30625, pending in the 189th Judicial District Court of Harris County, Texas, the Honorable Bill Burke presiding.