In Re Union Pacific Railroad Company Appeal from 60th District Court of Jefferson County (memorandum opinion per curiam)

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-16-00062-CV _________________ IN RE UNION PACIFIC RAILROAD COMPANY ________________________________________________________________________ Original Proceeding 60th District Court of Jefferson County, Texas Trial Cause No. B-194,123 ________________________________________________________________________ MEMORANDUM OPINION Union Pacific Railroad Company, Relator, petitioned for mandamus relief from an order of the Honorable Gary Sanderson, Judge of the 60th District Court, which required Relator to designate and produce a corporate representative to be deposed concerning Relator’s knowledge of the facts, claims and defenses relating to crossclaims asserted against Relator. We temporarily stayed the trial court’s order and requested a response from the real party in interest, Jimmy Ray Roberson, Jr. 1 Roberson filed an unopposed motion to dismiss. Roberson contends Relator’s request for mandamus relief is moot because the trial court vacated the part of its previous order that compelled the discovery at issue in this proceeding. We dissolve our temporary order, and we dismiss this original proceeding without reference to the merits. PETITION DISMISSED. PER CURIAM Submitted on March 23, 2016 Opinion Delivered March 24, 2016 Before McKeithen, C.J., Kreger and Johnson, JJ. 2

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