Another hearing was held on June 16, 2009, at which relators stated that they originally had objected to discovery on other atrium-style buildings, and after their objections were overruled by Judge McCorkle s Decemorder, relators searched for these records. On June 10, 2009, the Wells plaintiffs submitted thirteen proposed questions and one document production request. The trial court directed the Wells plaintiffs to submit proposed questions for the trial court s review, after which the trial court would decide whether to 2 Judge Jaclanel McFarland became the presiding judge of the 133rd District Court on January 1, 2009. Counsel for the Wells plaintiffs asserted that relators are hiding documents therefore, the Wells plaintiffs want a witness to state under oath what was done to search for the responsive documents. At a hearing before Judge Jaclanel McFarland2 on June 2, 2009, relators counsel argued that (1) his clients had conducted an exhaustive search for responsive documents and (2) it was inappropriate to inquire into what the lawyers did or what others did at the lawyers direction in response to the discovery. Relators also reasserted arguments raised in their motion to quash. After defense counsel s investigation, no documents were identified that are responsive to the requests. Relators responded on that they had completely complied with their obligations in responding to these requests by performing a diligent record search for responsive documents. On May 9, 2009, the Wells plaintiffs filed a motion to compel the deposition of relators corporate representative and asserted that relators had refused to respond to outstanding discovery. Among other grounds, relators objected that the deposition notice was an improper inquiry into work product and attorney-client matters. Relators moved to quash the notice of deposition and requested a protective order on April 16, 2009. 2 On April 13, 2009, the Wells plaintiffs served relators with a deposition notice directed to relators corporate representative with knowledge, among other things, of who searched for documents related to roof vents and roof hatches in other atrium-style buildings which buildings were searched and the manner in which the document search was conducted. 1 Weaver pleaded guilty to felony aggravated arson and three counts of felony murder in connection with the fire. On March 20, 2009, relators responded to the requests for production they asserted that no documents regarding roof vents and roof hatches exist other than those previously produced for the 9343 North Loop building. Judge McCorkle signed an order on December 22, 2008, directing relators to provide full and complete responses to the eighth set of combined discovery requests. The Wells plaintiffs filed a motion to compel responses to the disputed discovery, which was heard by the Honorable Lamar McCorkle on December 15, 2008. Relators asserted that such information was irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. On October 6, 2008, relators objected that the requests for production were overly broad because they sought information about buildings other than the 9343 North Loop building. The discovery focused on roof vents and roof hatches. On September 5, 2008, the Wells plaintiffs served relators with their eighth set of combined discovery, including requests for production, regarding other atrium-style buildings currently or previously managed by Boxer. Marvin Wells, Jeanette Hargrove, and Shana Ellis died as a result of the fire, and their family members brought premises-liability claims against 9343 North Loop, L.P. owns the building and Boxer Property Management Corporation ( Boxer ) manages it. BACKGROUND On March 28, 2007, Misty Ann Weaver set fire to the fifth floor office leased by her employer in the atrium-style building located at 9343 North Loop in Houston.1 9343 North Loop, L.P. Wells and Shameka Wells (the Wells plaintiffs ). Wells Marvin Wells d/b/a M & E Transportation Marvin G. Relators contend the deposition will invade the attorney work product privilege regarding their response to requests for production propounded by real parties in interest, Lynell Wells, individually, as the legal representative of the estate of her deceased husband, Marvin Wells, and as next friend of her minor child, Adrian D. filed a petition for writ of mandamus asking this court to compel the presiding judge of the 133rd District Court of Harris County to vacate a Jorder compelling the deposition of relators corporate representative. 14-09-00579-CV _ IN RE BOXER PROPERTY MANAGEMENT CORPORATION and 9343 NORTH LOOP, L.P., Relators ORIGINAL PROCEEDING WRIT OF MANDAMUS MEMORANDUM OPINION Boxer Property Management Corporation and 9343 North Loop, L.P. Petition for Writ of Mandamus Conditionally Granted and Memorandum Opinion filed September 3, 2009.
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