In Re Matthew Feinberg--Appeal from 240th District Court of Fort Bend County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed November 23, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-01108-CV

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IN RE MATTHEW FEINBERG, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

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

On October 31, 2005, relator filed a petition for writ of mandamus in this court. See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2005); see also Tex. R. App. P. 52. In his petition, relator sought to have this court compel the Honorable Thomas R. Culver, III, presiding judge of the 240th District Court in Fort Bend County, to vacate his October 20, 2005 order adopting orders entered by Associate Judge Pedro Ruiz in connection with a pre-suit deposition taken pursuant to Texas Rule of Civil Procedure 202. Relator also sought to have this court require the respondent to order the deposition sealed and to modify the existing protective order limiting disclosure of information revealed during the deposition. Relator also filed a motion for emergency relief requesting that this court enjoin the real party in interest, Sienna/Johnson Development, from using or disclosing any information learned during the deposition. See Tex. R. App. P. 52.10.

Relator has not established that he is entitled to mandamus relief. Accordingly, we deny relator=s petition for writ of mandamus and request for emergency relief.

PER CURIAM

Petition Denied and Memorandum Opinion filed November 23, 2005.

Panel consists of Chief Justice Hedges and Justices Yates and Anderson.