In Re John Does 1 and 2--Appeal from 172nd District Court of Jefferson County

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-10-00189-CV _________________ IN RE JOHN DOES 1 AND 2 ____________________________________________________________________ _ Original Proceeding ___________________________________________________________________ __ MEMORANDUM OPINION Relators John Does 1 and 2 filed a petition for writ of mandamus, in which they contend the trial court abused its discretion by denying their motion to quash the subpoena duces tecum that PRK Enterprises, Inc. and Klein Investments, Inc. served on Google, Inc. Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). After reviewing the mandamus record and petition, we conclude that the relators have not demonstrated a clear abuse of discretion by the trial court. Accordingly, we deny relators motion for emergency stay, and we deny the petition for writ of mandamus. 1 PETITION DENIED. PER CURIAM Opinion Delivered April 29, 2010 Before McKeithen, C.J., Gaultney and Horton, JJ. 2

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