Court of Appeals of Texas, 2021

in Re Charter Communications Holding Company, LLC, Time Warner Cable Information Services (Texas) LLC, and Taylor Britt

in Re Charter Communications Holding Company, LLC, Time Warner Cable Information Services (Texas) LLC, and Taylor Britt
Court of Appeals of Texas · Decided November 8, 2021
in Re Charter Communications Holding Company, LLC, Time Warner Cable Information Services (Texas) LLC, and Taylor Britt

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont

__________________ NO. 09-21-00344-CV __________________

IN RE CHARTER COMMUNICATIONS HOLDING COMPANY, LLC, TIME WARNER CABLE INFORMATION SERVICES (TEXAS) LLC, AND

TAYLOR BRITT __________________________________________________________________

Original Proceeding

60th District Court of Jefferson County, Texas

Trial Cause No. B-202,984

__________________________________________________________________

ORDER

Charter Communications Holding Company, LLC, Time Warner Cable Information Services (Texas) LLC, and Taylor Britt, Relators, filed a petition for a writ of mandamus and a motion for temporary relief. See Tex. R. App. P. 52. Relators are defendants in Trial Cause Number B-202,984, Samantha McCormick and Christopher McCormick v. Charter Communications Holding Company, LLC, Time Warner Cable Information Services (Texas) LLC, and Taylor Britt. Relators seek a writ compelling the Honorable Justin Sanderson, Judge of the 60th District Court of Jefferson County, Texas, to vacate the November 9, 2021 trial setting and enter a scheduling order that provides Relators with no less than six months’ time to conduct additional discovery, as well as the opportunity to designate additional expert witnesses. See Tex. Gov’t Code Ann. § 22.221.

Relators request that the trial be stayed while this Court considers the mandamus petition. The Court finds temporary relief is necessary to prevent undue prejudice. It is ORDERED that the trial in Trial Cause Number B-202,984 is STAYED until our opinion issues or until further order of this Court. See Tex. R. App. P. 52.10(b). No bond is required of Relators as a condition to any relief herein granted.

The response of the Real Parties in Interest, Samantha McCormick and Christopher McCormick, is due November 18, 2021.

MOTION FOR TEMPORARY RELIEF GRANTED.

ORDER ENTERED November 8, 2021.

PER CURIAM Before Golemon, C.J., Kreger and Johnson, JJ.

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