in Re Venator Materials, PLC ( 2020 )

Order entered April 23, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01284-CV
IN RE VENATOR MATERIALS, PLC, Relators
Original Proceeding from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-02030
ORDER
Before Justices Bridges, Osborne, and Carlyle
At relators’ request, we abated this original proceeding pending the issuance
of the mandate in a related appeal. Because the mandate in that appeal has issued,
we REINSTATE this original proceeding.
Before the Court is the unopposed motion to dismiss filed by relators
Venator Materials PLC, Simon Turner, Kurt D. Ogden, Stephen Ibbotson, and
Russ R. Stolle’s (collectively, Venator relators) and Citigroup Global Markets Inc.,
Merrill Lynch, Pierce, Fenner & Smith Inc., Goldman Sachs & Co. LLC, and J.P.
Morgan Securities LLC (the Underwriter relators). We GRANT the motion and
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dismiss this original proceeding with respect to the Venator relators and the
Underwriter relators.
The opposed motion to transfer venue of this proceeding with respect to the
remaining parties, Huntsman Corporation, Huntsman International LLC, and
Huntsman (Holdings) Netherlands B.V.’s (collectively, Huntsman relators), is also
before the Court. Pursuant to the procedure set forth in Miles v. Ford Motor Co.,
914 S.W.2d 135, 137 n.2 (Tex. 1995) (per curiam), the Court refers the Huntsman
relators’ motion to the Texas Supreme Court. In light of this Court’s opinion in a
related appeal, Venator Materials PLC v. Macomb County Employees’ Retirement
System, 05-19-01177-CV, 2020 WL 289296 (Tex. App.—Dallas Jan. 21, 2020, no
pet.) (mem. op.), the Court does not object to the transfer.
We ABATE this original proceeding pending disposition of the motion to
transfer.
/s/ LESLIE OSBORNE
JUSTICE
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