                                     In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                             _________________
                              NO. 09-15-00136-CV
                             _________________


  IN RE BFI WASTE SERVICES OF TEXAS, LP D/B/A ALLIED WASTE
         SERVICES OF BEAUMONT AND KEENAM D. FOLEY

________________________________________________________________________

                              Original Proceeding
________________________________________________________________________

                         MEMORANDUM OPINION

       BFI Waste Services of Texas, LP d/b/a Allied Waste Services of Beaumont

and Keenam D. Foley (Relators) filed a petition for writ of mandamus seeking to

compel the judge of the 60th District Court of Jefferson County, Texas, to vacate

its orders of March 27, 2015, which denied Relators’ request to modify the

discovery control plan and denied Relators’ motion for leave to designate an expert

witness, and to compel the trial court to sign an order modifying the discovery

control plan and granting leave to designate a medical expert. Relators also filed




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motion for an emergency stay of the trial of the case, which is set on the May 2015

trial docket. See Tex. R. App. P. 52.10(a).

      After reviewing the mandamus petition, record, and the response filed by the

real party in interest, Tasha Glasper, we conclude that Relators have failed to

establish an abuse of discretion by the trial court for which an appeal would not

provide an adequate remedy. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124,

135-36 (Tex. 2004). Accordingly, we deny the petition for writ of mandamus and

we deny the motion for emergency relief. See Tex. R. App. P. 52.8(a).

      PETITION DENIED.



                                                         PER CURIAM


Submitted on April 22, 2015
Opinion Delivered April 23, 2015

Before McKeithen, C.J., Kreger and Johnson, JJ.




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