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NO. 

IN RE ROBINSON § IN THE FOURTEENTH

HELICOPTER COMPANY, INC. § 

 § 

Original Proceeding From the § COURT OF APPEALS

11th Judicial Court of § 

Harris County, Texas § 

Cause No. 2014-34635 § HOUSTON, TEXAS

RELATORS’ MOTION FOR EMERGENCY STAY

Relators ask the Court for an emergency stay.

I. INTRODUCTION

1. Relator is Robinson Helicopter Company, Inc. (“Robinson” and/or 

“Relator”). Real Parties in Interest are Nathan S. Ates, Individually and as Personal 

Representative of the Estate of Joyce A. Ates, Deceased; Sonia Ates and Nathan 

M. Ates (collectively “Ates”). Respondent is Honorable Mike D. Miller, presiding 

judge of the 11th Judicial District Court, Harris County, Texas.

2. Robinson files its Petition for Writ of Mandamus concurrently with 

this Motion for Emergency Relief. 

3. Robinson attaches a certificate of compliance certifying that on July 8, 

2015, it notified Respondent and Ates by electronic filing and service that a motion 

for temporary relief would be filed. Tex. R. App. P. 52.10(a).

ACCEPTED

01-15-00594-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

7/8/2015 4:49:17 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/8/2015 4:49:17 PM CHRISTOPHER A. PRINE Clerk
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4. On or about June 24, 2015, an Order granting Ates’ motion to compel 

discovery of Robinson’s net worth was entered by the trial court. On or about July 

2, 2015, Robinson filed a Motion For Reconsideration of Order Granting Plaintiffs’ 

Motion to Compel and Contingent Motion to Stay Pending Mandamus. On July 7, 

2015, an Order denying Robinson’s Motion for Reconsideration and Motion to 

Stay was denied. Additionally, production of the requested documents was ordered 

by 5:00 p.m. on July 8, 2015. On or about July 8, 2015, Robinson filed its Petition 

for Writ of Mandamus seeking relief from the trial court’s order. In connection 

with its Petition for Writ of Mandamus, along with the present Motion for 

Emergency Stay. 

5. The underlying case is presently set for its first trial setting during the 

two week period beginning January 4, 2016. Discovery is still ongoing. Because of 

the nature of the issue presented, Robinson requests a stay of the Trial Court’s 

order compelling production of documents reflecting its net worth while this 

original proceeding is pending, but does not otherwise seek to stay discovery or 

other pre-trial aspects of this case. Robinson reserves the right to ask for further 

relief and seek a stay of the case in its entirety, should it appear the case is likely to 

be reached for trial and this original proceeding is still pending. 
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II. ARGUMENT & AUTHORITIES

6. The Court may grant temporary relief pending its determination of an 

original proceeding. Tex. R. App. P. 52.10(b).

7. The limited emergency stay requested herein is necessary to maintain 

the status quo of the parties and preserve the Court’s jurisdiction to consider the 

merits of the original proceeding. In re Reed, 901 S.W.2d 604, 609 (Tex. App.—

San Antonio 1995, orig. proceeding). 

8. In order to avoid any unnecessary time and expense to all parties, 

Robinson respectfully requests a stay only as to the Trial Court’s order compelling 

production of documents reflecting its net worth pending resolution of its Petition 

for Writ of Mandamus.

III. PRAYER

For the foregoing reasons, Relator Robinson Helicopter Company, Inc. asks

the Court for a limited emergency stay only as to the Trial Court’s order 

compelling production of documents reflecting its net worth to maintain the status 

quo of the parties and preserve the Court’s jurisdiction to consider the merits of 

Relator’s original proceeding.
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Respectfully submitted, 

COATS & EVANS, P.C.

By: /s/George Andrew Coats

George Andrew Coats

State Bar No. 00783846

E-mail: coats@texasaviationlaw.com

Gary Linn Evans

State Bar No. 00795338

E-mail: evans@texasaviationlaw.com

Carrie M. McKerley

State Bar No. 24056625

E-mail: mckerley@texasaviationlaw.com

P.O. Box 130246

The Woodlands, Texas 77393-0246

Telephone: (281) 367-7732

Facsimile: (281 367-8003

ATTORNEYS FOR RELATORS, 

ROBINSON HELICOPTER COMPANY, 

INC.

CERTIFICATE OF COMPLIANCE

Under Texas Rule of Appellate Procedure 52.10(a), I certify that on July 8, 

2015, I notified Real Party in Interest, through its counsel of record, via e-filing, as 

well as Respondent by letter e-filed with the 11th Judicial District Court of Harris 

County, Texas, that a motion for temporary relief had been filed. 

/s/ George Andrew Coats

George Andrew Coats
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CERTIFICATE OF SERVICE

I certify that pursuant to Rule 21a of the Texas Rules of Civil Procedure a 

true and correct copy of the foregoing instrument has been delivered to all counsel 

of record on the 8th day of July, 2015.

Mr. Mark T. Murray Via ProDoc E-Filing

Stevenson & Murray

24 Greenway Plaza, Suite 750

Houston, Texas 77046

713-622-3223

713-622-3224 Fax

Email: mmurray@johnstevensonlaw.com

Mr. Don Swaim Via ProDoc E-Filing

Rose Walker, LLP

3500 Maple Avenue, Suite 900

Dallas, Texas 75219

Telephone: 214-752-8600

Facsimile: 214-752-8700

Email: dswaim@rosewalker.com

Judge Michael Gomez Via ProDoc E-Filing

129th District Court

Harris County Civil Courthouse

201 Caroline, 10th Floor

Houston, Texas 77002

/s/George Andrew Coats

George Andrew Coats