In re PBIV-202 Birchleaf Drive, LP, PBIV-202 Birchleaf Drive GP, LLC Pennybacker IV, LP, and Pennybacker Capital Management, LLC v. the State of Texas

Fourth Court of Appeals San Antonio, Texas August 27, 2025 No. 04-25-00190-CV IN RE PBIV-202 BIRCHLEAF DRIVE, LP, PBIV-202 Birchleaf Drive GP, LLC Pennybacker IV, LP, and Pennybacker Capital Management, LLC Original Proceeding 1 ORDER Sitting: Rebeca C. Martinez, Chief Justice Adrian A. Spears II, Justice Velia J. Meza, Justice On March 24, 2025, relators filed a petition for writ of mandamus and emergency motion for stay. We invited a response and granted a temporary stay pending resolution of this matter.

Relator advised this court of a potential settlement on April 10, 2025, and requested that the responsive deadlines be continued until final settlement could be effectuated. On August 12, 2025, relator advised this court that the parties have successfully completed settlement negotiations and requested that this petition for writ of mandamus and motion for stay be dismissed. Accordingly, the petition for writ of mandamus is DISMISSED. The temporary stay issued on March 28, 2025, is LIFTED and DISMISSED.

It is so ORDERED on August 27, 2025.

_____________________________ Velia J. Meza, Justice

This proceeding arises out of Cause No. 2022-CI-24149, styled Cing Thang, et al v. PBIV – 202 Birchleaf Drive, LP, et al, pending in the 288th Judicial District Court, Bexar County, Texas, the Elizabeth Martinez presiding.

04-25-00190-CV

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of August, 2025.

_____________________________ Caitlin A. McCamish, Clerk of Court

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