1 NO.

IN RE ROBINSON § IN THE FOURTEENTH HELICOPTER COMPANY, INC. § § Original Proceeding From the § COURT OF APPEALS 11 th Judicial Court of § Harris County, Texas § Cause No. 20 14
- 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 Part ies 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 11 th 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 mot ion 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

CLERK2 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 R econsideration 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 d ocuments 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 f or 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.3 II. ARGUMENT & AUTH ORITIES
6. The Court may grant temporary relief pending its determination of an original proceeding. Tex. R. App. P. 52.10(b).
7. Th e limited emergency stay requested herein is necessary to maintain the status quo of the parties and preserve the Court’s jurisdic tion 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. ask s 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 jurisdic tion to consider the merits of
R elator’s original proceeding.4 Respect fully submitted,
C OATS & E VANS , 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 1 1 th Judicial District Court of Harris County, Texas, that a motion for temporary relief had been filed.

/s/ 

### George Andrew Coats George Andrew Coats5 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 129 th District Court Harris County Civil Courthouse 201 Caroline, 10 th Floor Houston, Texas 77002

/s/ 

### George Andrew Coats George Andrew Coats