In re BP Prods., N. Am., Inc.
In re BP Prods., N. Am., Inc.
2006 WL 648816 (Tex. App. 2006)
March 13, 2006
Summary
BP Products North America, Inc. (Relator) filed a petition for a writ of mandamus against the Honorable Susan Criss (Respondent) for allegedly abusing her discretion by signing an order that compelled BP to produce ESI from backup tapes and computer hard drives. The court ultimately denied the petition and found that the ESI was relevant to the case and should be produced, as it could provide evidence that was not available through other means.
In re BP PRODUCTS, NORTH AMERICA, INC., Relator
No. 01-06-00198-CV
Court of Appeals of Texas, Houston (1st Dist.)
March 13, 2006
Original Proceeding on Petition for Writ of Mandamus.
Counsel
Katherine D. MacKillop, Otway B. Denny, Stephen Fernelius, Julie Hardin, Graig J. Alvarez and James B. Galbraith, for BP Products, North America, Inc.John Eddie Williams, Jim S. Hart, Byron M. Buchanan, Brent W. Coon, Robert E. Ammons and Arturo J. Gonzalez, for Plaintiff's Steering Committee.
Susan E. Criss, pro se.
Per Curiam
MEMORANDUM OPINION
SEE TX R RAP RULE 47.2 FOR DESIGNATION AND SIGNING OF OPINIONS.
Panel consists of Justices NUCHIA, JENNINGS, and ALCALA.
*1 Relator, BP Products North America, Inc., has filed a petition for a writ of mandamus complaining that respondent, the Honorable Susan Criss, abused her discretion by signing the February 6, 2006 order that granted the motion of the plaintiffs' steering committee and thus compelled BP to produce, by March 17, 2006, “all e-data derived from backup tapes and maintained on computer hard drives under BP's control” that were responsive to the plaintiffs' steering committee's request, as identified in the February 6, 2006 order and in the manner specified in the order. Relator also filed a motion for emergency relief requesting that we stay respondent's February 6, 2006 order. On March 9, 2006, we denied relator's motion for emergency relief.
We deny the petition for writ of mandamus.