Tisino et al v. Becerra et al

Filing 494

ORDER that MBCs 437 Motion to Permit Disclosure of Confidential Documents insofar as it seeks to disclose the transcript of the deposition of Ross is DENIED, without prejudice to being reurged in a formal Motion to Compel addressing the need, if any, for the use of the transcript in this cause.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
ADRIANO TISINO, ET AL.

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V.
DANILO BECERRA, ET AL.

CIVIL ACTION NO. G-10-244

OPINION AND ORDER
On March 5, 2012, this Court granted Defendant MBC’s “Motion to Permit Disclosure
of Confidential Documents” from a prior arbitration proceeding between, inter alia, MBC and
R&R, with the exception of the transcript of the deposition of or Robert Paul Ross, II, (Ross)
taken during the arbitration. The Court invited further briefing from any Party seeking the
transcript’s release. On March 30, 2012, the Tisino Plaintiffs filed such briefing and the Ross
Defendants filed a timely response in opposition.
Ross appeared at the deposition in the capacity of a representative of R&R. The Ross
Defendants in this case have refused to waive the confidentiality protection afforded to arbitrations
and want to preclude or at least limit, the use of the deposition in this proceeding.
This Court must respect the confidentiality of an arbitration proceeding, ITT Educational
Services, Inc. v. Arce, 533 F.3d 342 (5th Cir. 2008); however, upon a proper showing the Court
may compel discovery related to such a proceeding, Knapp v. Wilson N. Jones Memorial
Hospital, 281 S.W. 3d 163, 172-176 (Tex. Civ. App. -- Dallas, 2009, reh’g overruled). It is
obvious that the Tisino Plaintiffs already have a copy of the deposition in their possession, but
there is presently no evidence before the Court to support compelling its use in this proceeding
absent a waiver by the Ross Defendants.

It is, therefore, ORDERED that MBC’s “Motion to Permit Disclosure of Confidential
Documents”(Instrument no. 437) insofar as it seeks to disclose the transcript of the deposition of
Ross is DENIED, without prejudice to being reurged in a formal Motion to Compel addressing
the need, if any, for the use of the transcript in this cause.
DONE at Galveston, Texas, this

17th

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day of August, 2012.