An order was issued on September 17, 2021, by the Court of Appeals Fifth District of Texas at Dallas regarding the petition for a writ of mandamus filed by XTC Cabaret (Dallas, Inc.) on September 13, 2021. This petition challenged the trial court’s order from August 20, 2021, which partially granted a motion to compel discovery filed by the real party in interest.
The appellate court stayed certain portions of the trial court's order. Specifically, the stay applies to:
1. Requests for Production Nos. 8, 9, 10, 11, 25, 30, 38, 41, 42, and Interrogatory No. 15, preventing the relator from producing information about incidents unrelated to assaults, armed robbery, or firearm discharge.
2. Any documents, incident reports, investigative materials, and policies or procedures related to incidents occurring more than two years prior to January 1, 2019.
3. Request for Production No. 25, which pertains to the relator’s gross income in 2017 and 2018.
The trial court's order remains in effect for producing information specifically related to assaults, armed robbery, or firearm discharge that occurred within the two years before January 1, 2019. The stay will remain until the resolution of the original proceeding. The court has requested that the real party in interest and the respondent submit their responses to the petition by October 6, 2021.
