No. 01-15-00695-CV

IN THE COURT OF APPEALS

FOR THE FIRST DISTRICT OF TEXAS

IN RE ZAK NAKHODA, JAMES WESSELSKI, KENNETH CHAMBERS, PHILIP 

SPOTTS, THE STRUCTURAL ALLIANCE, WESGROUP CONSULTING, LLC, AND THE 

MISSION GROUP, 

Relators. 

Original Mandamus Proceeding from the 

80th District Court, Harris County, Texas; 

Rankin Road, Inc. v. Underwriters at Lloyds of London, Gulf Coast Claims Service, Pat 

Donovan, and John Andres

Trial Court Cause 2010-25885 

RELATORS’ AGREED MOTION TO DISMISS MANDAMUS AS MOOT

TO THE HONORABLE COURT:

Relators Zak Nakhoda, James Wesselski, Kenneth Chambers, Philip Spotts, 

The Structural Alliance, Wesgroup Consulting, LLC, and The Mission Group

(“Relators”) initiated this mandamus proceeding to seek review of Judge Larry 

Weiman’s August 12, 2015 order compelling production of seven years of 1099s 

and W-2s showing income received by Relators from counsel for Rankin Road, a 

party in the underlying lawsuit. 

The Court stayed enforcement of that order pending review of Relators’ 

Petition for Writ of Mandamus, and directed Real Parties in Interest to file their 

Response to Relators’ Petition on or before September 4, 2015. Real Parties in 

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ACCEPTED

01-15-00695-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

11/5/2015 4:28:19 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 11/5/2015 4:28:19 PM CHRISTOPHER A. PRINE Clerk
Interest then moved for, and the Court granted, an extension of the response 

deadline. 

On August 25, 2015, Judge Weiman recused himself from the underlying 

proceeding. The case was re-assigned to The Honorable Debra Ibarra Mayfield. The 

Court then abated this proceeding until September 25, 2015 to allow Judge Mayfield

to reconsider the August 12th order. The Court directed the trial court to file a 

supplemental clerk’s record containing any order issued by Judge Mayfield with 

respect to her reconsideration of the August 12th order.

Judge Mayfield heard arguments of counsel on September 21, 2015, but did 

not issue a ruling. She subsequently requested that Relators’ counsel issue a notice 

of hearing for October 19, 2015. The parties then filed an Agreed Motion to Extend 

Abatement, which the Court granted, extending the abatement period to October 20, 

2015. 

Judge Mayfield heard additional argument on October 19, 2015, and advised 

the parties that she would issue a ruling on or before October 30, 2015. On the 

parties’ motion, the Court again extended the abatement period to November 6, 

2015. 

On October 29, 2015, Judge Mayfield issued an order granting the motion for 

protection and quashing the depositions on written question and discovery 

subpoenas directed to Relators. Order, Oct. 29, 2015 (attached as Exhibit A). On 

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November 5, 2015, Relators requested that the trial court clerk file a supplemental 

clerk’s record containing Judge Mayfield’s order, in compliance with this Court’s 

directive. 

In its mandamus petition, Relators requested an order compelling the trial 

court to vacate the August 12, 2015 order requiring production of the documents and 

granting Relators’ motion for protection. With that relief having been granted by 

Judge Mayfield, it now appears this mandamus proceeding is moot and should be 

dismissed. See In re Gonzales, 03-12-00611-CV, 2013 WL 238736, at *1 (Tex. 

App.—Austin Jan. 17, 2013, orig. proceeding); In re Luna, 317 S.W.3d 484, 484 

(Tex. App.—Amarillo 2010, orig. proceeding). Relators therefore request that the 

Court lift its abatement and dismiss this mandamus proceeding. All costs in the 

appellate courts will be borne by the party incurring them.

PRAYER

Relators, Zak Nakhoda, James Wesselski, Kenneth Chambers, Philip Spotts, 

The Structural Alliance, Wesgroup Consulting, LLC, and The Mission Group,

request that the Court lift its abatement and dismiss this mandamus action without 

prejudice. Relators further pray for any other relief to which they are entitled.

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Respectfully Submitted,

FOGLER, BRAR, FORD,

O’NEIL & GRAY LLP

By: /s/ Murray Fogler

Murray Fogler

State Bar No. 07207300

mfogler@beckredden.com

Jas Brar

State Bar No. 24059483

Robin O’Neil

State Bar No. 24079075

711 Louisiana, Suite 500

Pennzoil Place, South Tower

Houston, Texas 77002

(713) 481-1010

(713) 574-3224 (Fax)

ATTORNEYS FOR RELATORS

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CERTIFICATE OF CONFERENCE

Counsel for Relators has conferred with counsel for Real Parties in Interest 

and they are unopposed to this motion.

/s/ Robin O’Neil

Robin O’Neil

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was properly 

forwarded to counsel of record for the Real Parties in Interest in accordance with Rule 

9.5 of the Texas Rules of Appellate Procedure on the 5th day of November 2015, as 

follows:

Counsel for Real Parties in Interest:

Ms. Tamara M. Madden

Mr. Casey T. Wallace

JOHNSON, TRENT,

WEST & TAYLOR, LLP

919 Milam Street, Suite 1700

Houston, Texas 77002

Ronald E. Tigner

Gregory S. Hudson

COZEN & O’CONNOR

1221 McKinney Suite 2900

Houston, Texas 77010

(832) 214-3900

(832) 214-3905 (fax)

Respondent:

The Honorable Larry Weiman

80th Judicial District Court

201 Caroline, 9th Floor

Houston, Texas 77002

713-368-6100

/s/ Robin O’Neil

Robin O’Neil

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