No. _____________________



### In the Supreme Court of Texas

In re Gearbox Software LLC,
Relator.

Relator’s Emergency Motion for Stay of Discovery Deadline (Deadline: Tuesday, November 3, 2015)

Michael E. Schonberg State Bar No. 00784927 J. Michael Heinlen State Bar No. 24032287

Richard B. Phillips, Jr. State Bar No. 24032833 **Thompson & Knight llp**

1722 Routh Street, Suite 1500 Dallas, Texas 75201 Phone: (214) 969-1700
**Counsel for Relator Gearbox Software LLC**  FILED 15-0836 11/2/2015 10:46:28 AM tex-7633687 SUPREME COURT OF TEXAS BLAKE A. HAWTHORNE, CLERK 

# 15-0836-1- **To The Honorable Supreme Court of Texas:**

1. Under Texas Rule of Appellate Pr ocedure 52.10, Relator Gearbox Software, LLC respectfully requests that this Court stay the discovery order document production deadline set by th e trial court in the underlying case, pending resolution of Gearbox’s Peti tion for a Writ of Mandamus, which
was filed on Nove mber 2, 2015.

2. In its mandamus petition, non-part y Gearbox seeks mandamus review of an order entered by the trial cour t in the underlying case requiring Gearbox to produce all documents sought in a third-party subpoena served by Real Party in Intere st Meghan Martel. The or der requires non-party Gearbox to produce confidential trad e secret financial documents and records. ( See App. Tabs B, J.) The uncontroverted evidence in the trial court
establishes that the docume nts sought by Mrs. Martel are trade secrets. ( See Mandamus Petition at 6-8.)

3. Gearbox argues that it should no t have to produce the documents because they are trade secrets and beca use Mrs. Martel has not carried her
burden to show that the documents are necessary for a fair adjudication of her case. ( See id. at 9-17.)-2- 4. The trial court’s order requires Ge arbox to produce the documents by November 3, 2015 (seven days after the order was signed). (App. Tab J.)
5. Because of the short time betwee n the entry of the order and the deadline for production and the imminent harm faced by Gearbox, Gearbox has not sought a stay of the de adline from the trial court.
6. Gearbox seeks a stay because if Ge arbox is required to produce the disputed documents while its mandamus proceeding is pending, the status quo will be altered and this Court’s ab ility to grant effective relief will be hampered. If the documents are produced to Mrs. Martel, Gearbox will lose the protections of the trade-secret privil ege that it seeks to preserve through its mandamus petition.

7. There is currently no trial setting or scheduling order in place in the underlying action so ther e is no prejudice to Mrs. Martel resulting from a short stay of the production order.

8. Therefore, the trial court’s order sh ould be stayed until this Court disposes of the mandamus petition.
9. Counsel for Gearbox has discussed th is motion with counsel for Mrs. Martel by phone. See Tex. R. App. P. 51.10(a). Counsel for Mrs. Martel
indicated that Mrs. Martel is opposed to the requested stay.-3- 10. No bond is necessary if the Court grants the requested stay. The only effect will be to stay production of documents during the pendency of this mandamus proceeding. **Wherefore,** Relator Gearbox Software LLC respectfully requests that this Court stay enforcement of the tria l court’s October 27, 2015 order until this Court disposes of Gearbox’s mandamus petition. Gearbox further requests general relief.

Respectfully submitted, By: /s/Richard B. Phillips, Jr. Michael E. Schonberg State Bar No. 00784927 J. Michael Heinlen State Bar No. 24032287 Richard B. Phillips, Jr. State Bar No. 2403833 **T HOMPSON**  **& K**  **NIGHT LLP** 1722 Routh Street, Suite 1500 Dallas, Texas 75201 Phone: (214) 969-1700 Fax: (214) 969-1751 michael.schonberg@tklaw.com michael.heinlen@tklaw.com rich.phillips@tklaw.com
Counsel for Relator Gearbox Software LLC-4- 

### Certificate of Conference On November 2, 2015, I discussed th is motion with Clint Westhoff, counsel for Real Party in Interest Me ghan Martel. Mr. Westhoff indicated that Mrs. Martel will oppose the request for a stay. /s/ Richard B. Phillips, Jr. Richard B. Phillips, Jr. 

### Certificate of Service On November 2, 2015, this emergenc y motion for stay was served on counsel for the Real Parties in In terest by electronic service. /s/ Richard B. Phillips, Jr. Richard B. Phillips, Jr.