in Re: Dish Network L.L.C. and Echosphere L.L.C ( 2019 )


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  •                                    COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    §
    IN RE: DISH NETWORK L.L.C., AND                §              No. 08-18-00214-CV
    ECHOSPHERE L.L.C.,
    §         AN ORIGINAL PROCEEDING
    Relators.
    §                IN MANDAMUS
    §
    §
    §
    ORDER
    In this original proceeding, Relators are challenging an order issued by the Honorable Luis
    Aguilar, former judge of the 243rd District Court of El Paso County, Texas, on November 15,
    2018, in cause number 2016-DCV-2745, granting the Real Party in Interest’s motion to permit
    pre-arbitration discovery. Judge Aguilar’s term ended on December 31, 2018, and this original
    proceeding remains pending. The Honorable Selena Solis became judge of the 243rd District
    Court on January 1, 2019.
    Relators have filed a motion to substitute Judge Solis as the Respondent in this original
    proceeding. See TEX.R.APP.P. 7.2(a)(providing for the automatic substitution of a public officer’s
    successor as a party in an appeal or original proceeding). Additionally, Relators request that we
    abate the original proceeding to allow Judge Solis to reconsider the decision made by the former
    judge. See TEX.R.APP.P. 7.2(b)(requiring appellate court to abate original proceeding to allow the
    successor to reconsider the original party’s decision). The motion is GRANTED.
    1
    Accordingly, the Clerk of the Court is directed to change the records for the above-styled
    and numbered case to reflect that Judge Solis is substituted as the Respondent. Further, the original
    proceeding is abated for forty-five days to allow Judge Solis to reconsider the order being
    challenged by Relators in this original proceeding. The stay order entered by this Court on
    November 30, 2018 is lifted for the limited purpose of allowing Judge Solis to reconsider the order
    challenged by Relators. Relators shall provide the Court with a certified or sworn copy of any
    pertinent orders entered by Judge Solis. If necessary, Relators will be provided an opportunity to
    file an amended mandamus petition and appendix.
    T IS SO ORDERED this 12th day of April, 2019.
    PER CURIAM
    Before McClure, C.J., Rodriguez and Palafox, JJ.
    2
    

Document Info

Docket Number: 08-18-00214-CV

Filed Date: 4/12/2019

Precedential Status: Precedential

Modified Date: 4/16/2019