In re Walmart Stores Texas, LLC Appeal from 268th District Court of Fort Bend County (memorandum opinion per curiam)
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Opinion issued January 11, 2018 In The Court of Appeals For The First District of Texas ———————————— NO. 01-17-00778-CV ——————————— IN RE WALMART STORES TEXAS, LLC, Relator Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION Relator, Walmart Stores Texas, LLC, has filed a petition for a writ of mandamus challenging an order compelling the production of documents in the underlying trial court proceeding.1 Relator, representing that the parties have settled 1 The underlying case is Miriam Nelida Gigena, Individually and as Representative of the Estate of Cristhian Eduardo Cardozo, Deceased, and as Next Friend of C.G.C. and L.P.C., Minors v. Wal-Mart Stores Texas, LLC, AlliedBarton Security Services, LLC, Antonio de la Cruz and Jason Lara, No. 14-DCV-219810, in the 268th District Court of Fort Bend County, Texas, the Honorable Brady Elliott presiding. the underlying case and the issues raised in the mandamus petition are now moot, has filed a motion to dismiss the petition without prejudice to refiling same. Although the motion does not include a certificate of conference, more than ten days have passed and no party has responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a). Accordingly, we vacate our October 12, 2017 order staying the trial court’s order compelling the production of documents, grant relator’s motion, and dismiss the petition without prejudice to refiling same. PER CURIAM Panel consists of Justices Keyes, Brown, and Lloyd. 2
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