in Re: CEMEX Construction Materials Pacific South, L.L.C. ( 2018 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
IN RE: CEMEX CONSTRUCTION § No. 08-18-00135-CV
MATERIALS PACIFIC SOUTH, L.L.C.,
§ AN ORIGINAL PROCEEDING
Relator.
§ IN MANDAMUS
§
ORDER
Pending before the Court is the Relator’s motion to stay all proceedings, including the
discovery order signed by the Honorable Linda Y. Chew, Judge of the 327 th District Court of El
Paso County, Texas, on July 17, 2018, in cause number 2017-DCV1047, styled Christine Borrego,
as Executor of the Estate and Statutory Death Beneficiary of Johnny Borrego; and Melissa Ruiz,
Individually, and Robben Lee Betancourt, as Executor of the Estate and Statutory Death
Beneficiary of Ruben Betancourt Ramirez, and Jose Gabino Garcia and Humbero Muela, both
individually, v. Cemex El Paso, Inc., Cemex Construction Materials South, LLC, Jobe Materials,
LP, and Ranchos Real Land Holdings, LLC. The motion to stay is granted only with respect to
the July 17, 2018 discovery order. The request to stay all proceedings in the case is denied. The
stay will remain in effect pending resolution of this original proceeding or further order of this
Court.
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Further, the Court has determined that no action will be taken on the Relator’s Petition for
Writ of Mandamus pending a response from the Real Party(ies) in Interest. The response is due
on or before August 30, 2018.
IT IS SO ORDERED this 31st day of July, 2018.
PER CURIAM
Before McClure, C.J., Rodriguez and Palafox, JJ.
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