In Re: Dynegy, Inc.--Appeal from 164th District Court of Harris County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 12, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-00753-CV

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IN RE DYNEGY, INC., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M O P I N I O N

On July 1, 2003, relator filed a petition for writ of mandamus in this Court. See Tex. Gov=t. Code Ann. ' 22.221; see also Tex. R. App. P. 52. In its petition, relator seeks to have this Court compel the Hon. Martha Hill Jamison, presiding judge of the 55th District Court of Harris County, to grant its special exceptions, abate the case, and stay or modify a discovery order filed in cause number 2002-21890, styled In re: Dynegy, Inc. Derivative Litigation. On July 2, 2002, this Court stayed the trial court=s June 3, 2003, order with respect to those portions that required relator to respond to Plaintiffs= First Set of Interrogatories and First Set of Requests for Production no later than the 3rd day of July, 2003, pending resolution of this petition for writ of mandamus.

Relator has not demonstrated it is entitled to mandamus relief under these circumstances. We deny relator=s petition for writ of mandamus. This Court=s July 2, 2003 order staying the trial court=s June 3, 2003 discovery order is lifted, and we order relator to respond to the requested discovery ordered by the trial court within thirty days of the date of this opinion.

PER CURIAM

Petition Denied and Memorandum Opinion filed August 12, 2003.

Panel consists of Chief Justice Brister and Justices Fowler and Edelman.