IN THE SUPREME COURT OF TEXAS

No. 04-0850

IN RE ROMAN CATHOLIC DIOCESE OF AUSTIN, TEXAS AND GREGORY AYMOND, BISHOP OF THE DIOCESE OF AUSTIN, TEXAS

On Petition for Writ of Mandamus

ORDERED:

1. Relators' emergency motion for temporary relief, filed September 24, 2004, is granted. The following trial court orders in Cause No. GN304799, styled Mark Hill v. Roman Catholic Church Diosese of Austin, Texas, His Excellency, Gregory Aymond, Ordinary, Bishop and Trustee of the Diocese of Austin, Texas and Rev. Fr. James O'Connor, in the 53rd District Court of Travis County, Texas, dated September 1, 2004, are stayed pending further order of this Court: a) Order on Plaintiff's Motion to Compel Production of Documents from the Roman Catholic Diocese of Austin and Bishop Gregory Aymond Responsive to Plaintiff's First Request for Production; b) Order on Plaintiff's Motion to Compel Second Request for Production of Documents to the Roman Catholic Diocese of Austin, Texas; and c) the portion of the trial court's Order on Plaintiff's Motion to Compel Production the Depositions of Defendant Fr. O'Connor and his Excellency, Gregory Aymond, Ordinary/Bishop of the Dioceses of Austin, Texas relating to the deposition of Bishop Gregory Aymond. In addition, the portion of the Third Court of Appeals' opinion in Cause No. 03-04-00541-CV, styled In re Roman Catholic Diocese of Austin, Texas and Gregory Aymond, Bishop of the Diocese of Austin, Texas, requiring production of certain documents by 5:00 p.m., September 27, 2004 is stayed pending further order of this Court.

2. The real party in interest is requested to file a response to relators' petition for writ of mandamus on or before 3:00 p.m., October 7, 2004.

Done at the City of Austin, this September 27, 2004. [pic] Andrew Weber, Clerk Supreme Court of Texas By Claudia Jenks, Chief Deputy Clerk