in Re Diamond Offshore General, LLC
Date Filed2022-12-15
Docket01-22-00837-CV
Cited0 times
StatusPublished
Full Opinion (html_with_citations)
COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
ORDER
Appellate case name: In re Diamond Offshore General, LLC
Appellate case number: 01-22-00837-CV
Trial court case number: 2022-14588
Trial court: 11th District Court of Harris County
On November 11, 2022, relator, Diamond Offshore General, LLC, filed a petition
for writ of mandamus challenging the trial courtās October 27, 2022 āOrder Denying
Diamondās Motion to Dismiss Based on Mandatory Forum-Selection Clause or, in the
Alternative, Forum Non Conveniens.ā On November 22, 2022, the Court requested a
response to the petition for writ of mandamus by real party in interest, Grant Gibson, due
on or before December 12, 2022.
In its mandamus petition, relator noted that it had filed a motion in the trial court
requesting that the trial court proceedings be stayed pending this Courtās consideration of
the mandamus petition. On December 8, 2022, relator filed an āOpposed Motion for
Immediate Temporary Reliefā with this Court, stating that the trial court denied relatorās
request to stay the trial court proceedings. Accordingly, relator requests that this Court
āgrant a stay of the litigationā pending this Courtās consideration of the mandamus petition,
and specifically whether the trial court erred in disregarding a purportedly mandatory
forum-selection clause requiring Gibson to bring his case in Bermuda.
Relatorās āOpposed Motion for Immediate Temporary Reliefā is granted. All
proceedings in trial court case number 2022-14588, pending in the 11th District Court of
Harris County, are stayed pending this Courtās consideration of relatorās mandamus
petition.
It is so ORDERED.
Judgeās signature: _/s/ Amparo Guerra______________________________________
ļ Acting individually ļ£ Acting for the Court
Date: __December 15, 2022________