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in Re Daniel Irons, Steven Traweek, Michael Cohen, Robert Flanakin, and Pathology Resource Consultants, LP

Citation: Not availableDocket: 03-08-00052-CV

Court: Court of Appeals of Texas; January 28, 2008; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Relators, including Daniel Irons, Steven Traweek, Michael Cohen, Robert Flanakin, and Pathology Resource Consultants, LP, have filed a petition for a writ of mandamus to challenge a trial court order dated January 24, 2008, which modified an existing Protective Order from January 31, 2007. They seek emergency relief to prevent the disclosure of specific information while their petition is under review. The court has granted the Emergency Motion for Temporary Relief, thereby staying the trial court's January 24 order until further notice. Additionally, the court has approved the Motion to Review Confidential Documents in Camera and has ordered Steve Bauserman, the real party in interest, to respond to the writ petition by February 11, 2008. The order was issued on January 29, 2008, by Justice G. Alan Waldrop, with the participation of Chief Justice Law and Justice Pemberton.

Legal Issues Addressed

Emergency Motion for Temporary Relief

Application: The court granted emergency relief to stay the enforcement of the trial court's order, underscoring the court's ability to temporarily halt lower court orders pending review.

Reasoning: The court has granted the Emergency Motion for Temporary Relief, thereby staying the trial court's January 24 order until further notice.

In Camera Review of Confidential Documents

Application: The court approved the review of confidential documents in camera, highlighting the procedure for examining sensitive information privately by the court.

Reasoning: Additionally, the court has approved the Motion to Review Confidential Documents in Camera...

Issuance of Writ of Mandamus

Application: The relators sought a writ of mandamus to contest the trial court's modification of a Protective Order, indicating the use of mandamus as a procedural tool to challenge trial court decisions.

Reasoning: Relators, including Daniel Irons, Steven Traweek, Michael Cohen, Robert Flanakin, and Pathology Resource Consultants, LP, have filed a petition for a writ of mandamus to challenge a trial court order dated January 24, 2008, which modified an existing Protective Order from January 31, 2007.

Response to Writ Petition Requirement

Application: The court required the real party in interest to respond to the writ petition, illustrating procedural requirements for parties involved in mandamus proceedings.

Reasoning: ...has ordered Steve Bauserman, the real party in interest, to respond to the writ petition by February 11, 2008.