                                       In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-14-00166-CV
                            ____________________


         IN RE HERCULES TIRE AND RUBBER COMPANY, INC.

_______________________________________________________             ______________

                                Original Proceeding
________________________________________________________             _____________

                                      ORDER

      Hercules Tire and Rubber Company, Inc. filed a petition for writ of

mandamus. The relator is a defendant in Cause No. B-190,076, Stacey Weaver, et

al. v. Gillespie Lumber Co., et al. Relator seeks a writ compelling the Honorable

Gary Sanderson, Judge of the 60th District Court of Jefferson County, Texas, to

vacate its order of April 8, 2014, which Relator asserts requires it to present a non-

resident, former employee as a fact witness for a deposition in Texas. We note our

jurisdiction over this matter and the parties. See Tex. Gov’t Code Ann. § 22.221

(West 2004).



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       Relator requests that we stay the order of April 8, 2014, pending resolution

of this original proceeding. See Tex. R. App. P. 52.10(a). The Court finds

temporary relief is necessary to prevent undue prejudice. It is ORDERED that the

trial court’s order of April 8, 2014 in Cause No. B-190,076 is STAYED until our

Opinion issues or until further order of this Court. See Tex. R. App. P. 52.10(b).

No bond is required of the relator as a condition to any relief herein granted.

       The responses of the real parties in interest are due April 21, 2014, at 5:00

p.m.

       MOTION FOR TEMPORARY RELIEF GRANTED.

       ORDER ENTERED April 10, 2014.


                                                                 PER CURIAM


Before Kreger, Horton, and Johnson, JJ.




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