Court of Appeals of Texas,

Corpus Christi–Edinburg.

In re CNA LLOYDS OF TEXAS, et al.

No. 13–07–386–CV.

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Sept. 24, 2007.

Attorneys & Firms

John c. Wander, Thomas S. Leatherbury, Vinson & Elkins, Dallas, Ruben R. Pena, Law Offices of Ruben R. Pena, P.C., Harlingen, Atty’s of Record for Relator, CNA Lloyds of Texas.

John c. Wander, Thomas S. Leatherbury, Vinson & Elkins, Dallas, Ruben R. Pena, Law Offices of Ruben R. Pena, P.C., Harlingen, Atty’s of Record for Relators, Continental Casualty Company and Continental Insurance Company.

John C. Wander, Thomas S. Leatherbury, Vinson & Elkins, Dallas, Ruben R. Pena, Law Offices of Ruben R. Pena, P.C., Harlingen, for Atty’s of Record for Relators, Fidelity and Casualty Company of New York, National Fire Ins. Co. of Hartford, Transcontinental Ins. Co., Transportation Ins. Co., Valley Forge Ins. Co., Commercial Ins. Co. of Newark, New Jersey, Kansas City Fire and Marine Ins. Co., Niagra Fire Ins. Co., Manpower Services, Inc.

Ronald L. Blair, Bair Hilty, P.C., Houston, Atty. of Record for Relators, Federated Mutual Ins. Co., Federated Service Ins. Co. and Speedy Stop Food Stores, LTD.

David Oliveira, Roerig, Oliveira & Fisher, L.L.P., Brownsville, Theodore R. Scarborough, Sidley Austin, LLP, Chicago, IL, Atty’s of Record for Relators, American Home Assurance Co., American International South Ins. Co., AIU Ins. Co., AIG Centennail Ins. Co., Birmingham Fire Ins. Co. of Pennsylvania, Commercial and Industry Ins. Co., Granite State Ins. Co., Illinois National Ins. Co., New Hampshire, Ins. Co., New Hampshire Indemnity Co., The Ins. Co. of the State of Pennsylvania.

Alison Kennamer, Eduardo R. Rodriguez, Rodriguez, Colvin & Chaney, Brownsville, Mark D. Tillman, Atty. at Law, W. Neil Rambin, Sedgwick, Detert, Moran & Arnold, Dallas, Atty’s of Record for Relators, Liberty Mutual Ins. Co., American First Ins. Co., American First Lloyds Ins. Co., Employers Ins. Co. of Wausau, The First Liberty Ins. Corp., Liberty Ins. Corp., Liberty Mutual Fire Ins. Co., LM INS Corp., The Netherlands Ins. Co., Peerless Ins. Co., Peerless Indemnity Ins. Co., Wausau Business Ins. Co., Wausau Underwriters Ins. Co., Progressive Molded Products, Inc., McCoy Corp.

Mary Barrow Nichols, Gen. Counsel, Robin A. Melvin, P.M. Schenkkan, Graves, Dougherty, Hearon & Moody, Mike Mills, Atlas & Hall, McAllen, for Atty’s of Record for Relatros Texas Mutual Ins. Co. and Value Frozen Foods, Inc.

Michael L. McCluggage, Michael R. Blankshain, Wildman, Harrold, Allen & Dixon, David L. Orr, Kuperman, Orr & Albers, Austin, Atty’s of Record for Relators, Kemper Casualty Ins. Co., American Manufacturers Mutual Ins Co., American Protection Ins. Co., Lumbermens Mutual Ins. Co.

Daniel M. McClure, Houston, John W. Weber, Jr., Fulbright & Jaworski, Atty’s at Law, San Antonio, Francisco R. Villarreal, Garcia & Villarreal, L.L.P., Atty’s at Law, McAllen, Atty’s of Record for Relators, Globe Indemnity Co., Royal Indemnity Co., Royal Ins. Co. of American, Safeguard Ins. Co., Phoenix Assurance Co. of New York, Connecticut Indemnity Co., Fire and Casualty Ins. Co. of Connecticut, EBI Companies, Inc.

Jaime Saenz, Rodriguez, Colvin & Chaney, Brownsville, Jeff D. Otto, Tasha Barnes, Thompson, Coe, Cousins & Irons, LLP, Austin, Atty’s of Record for Relators, Discovery Property & Casualty Ins. Co., Fidelity and Guaranty Ins. Underwriters, Inc., Athena Assurance Co., St. Paul Fire and Marine Ins. Co., St. Paul Guardina Ins. Co., St Paul Mercury Ins. Co., St. Paul Medical Liability Ins. Co., St. Paul Protecttive Ins. Co., Fideltiy and Guaranty Ins. Co., United States Fidelity and Guaranty Ins. Co.

Dqavid Purnell Andis, Gauntt & Kruppstadt, LLP, The Woodlands, Atty. of Record for Relators, Lumberman’s Underwriting Alliance and Burlington Coat Factory Warehouse of McAllen, Inc.

Roger Higgins, James L. Sowder, Thompson, Coe, Cousins & Irons, Dallas, Atty’s of Record for Relators, Union Standard Lloyds, Union Ins. Co., Continental Western Ins. Co., Mid-West Employers Cas. Co., Berkeley Regional Ins. Co.

Peter D. Kennedy, Graves, Dougherty, Hearon & Moody, Jack W. Latson, Flahive, Ogden & Latson, Austin, Atty’s of Record For Relator, Edwards Risk Management, Inc.

Keith M. Jensen, Atty. At Law, J. Michael Liles, Fort Worth, David J. Lumber, J. Michael Moore, Guerra & Moore, McAllen, Atty’s for Real Parties In Interest, Anna Alvarado, Jesus Alvarez, Jr., Maria Elena Alvarez, Clementina Cantu, Mary Cantu, Eliud Casas, Ubalda Chavez, Norma DeAlejandro, Maria Espinoza, Jose J. Garcia, Rene Garza, Josefina Garces, Francisco Gonzlaez, Antonio Hernandez, Jose Hernandez, Blanca Lopez, Elia Madrigal, Pablo Medina, Jr., Elsa G. Rodriguez, Elva Rios, Jack Christopher Samford, Rene Soto, Domingo Suarez and Ral Valdez.

Daniel L. Bates, Decker, Jones, McMackin, McClane, Hall & Bates, Fort Worth, Atty. of Record for Interested Party, William-Dickie Manufacturing Co.

James Carroll, Mixon & Carroll, El Paso, Atty., of Record for Interested Party, 21st Century Resources, Inc.

Raymond A. Cowley, Cox Smith Matthews, McAllen, Atty. of Record for Interested Party, Mission Shippers, LTD.

Christopher W. Martin, Brad A. Allen, Martin, Disiere & Jefferson, Houston, Atty. of Record for Interested Party, Ace Insurance.

Nicholas Canada, III, Office of The Atty. Gen., Atty. of Record for Interested Party, Texas Dept. of Ins. Division of Workers’ Compensation.

Before Chief Justice VALDEZ and Justices GARZA and BENAVIDES.

MEMORANDUM OPINION

PER CURIAM MEMORANDUM OPINION.¹

*1 Relators, CNA Lloyds of Texas, et al., filed a petition for writ of mandamus and motion for temporary relief in the above cause on June 14, 2007. By order issued on June 19, 2007, the Court granted the motion for temporary relief and requested a response from the real parties in interest. Having examined and fully considered the petition for writ of mandamus and response thereto, the Court is of the opinion that relators have not shown themselves entitled to the relief sought.

Relators contend that the trial court abused its discretion: (1) by ordering discovery in a case in which it lacks subject-matter jurisdiction; (2) by ordering discovery before it ruled on the pleas to the jurisdiction; and (3) by ordering relators to produce the names, addresses, and telephone numbers of injured workers who may or may not be members of the class.

In their first issue, relators argue that the Division has exclusive jurisdiction over workers’ compensation benefits disputes and all of plaintiffs’ claims arise out of relators’ alleged failure to pay workers compensation benefits, thus the district court abused its discretion when it ordered discovery in a case in which it lacks subject-matter jurisdiction. This issue presupposes that the trial court lacks subject-matter jurisdiction. The trial court has not ruled on the pleas to the jurisdiction and, accordingly, this issue is not properly before us. See In re Perritt, 992 S.W.2d 444, 446 (Tex.1999) (mandamus is not available to compel an action that has not first been demanded and refused).

To the extent that relators ask that we direct the trial court to rule on the pleas to the jurisdiction, relators have failed to carry their burden to establish that (1) the trial court had a legal duty to perform, (2) relators made a demand for performance of this duty, and (3) the trial court refused to act. Stoner v. Massey, 586 S.W.2d 843, 846 (Tex.1979); In re Torres, 130 S.W.3d 409, 413 (Tex.App.-Corpus Christi 2004, orig. proceeding).

In their second issue, relators contend that the district court abused its discretion when it ordered discovery before ruling on the pleas to the jurisdiction. It is clear that a trial court has broad discretion to schedule and define the scope of discovery. See In re Alford Chevrolet–Geo, 997 S.W.2d 173, 181 (Tex.1999) (orig.proceeding). Further, a plea to the jurisdiction may require the court to consider evidence pertaining to jurisdictional facts. Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 227 (Tex.2004); Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 555 (Tex.2000). When the consideration of a trial court’s subject matter jurisdiction requires the examination of evidence, the trial court exercises its discretion in deciding whether the jurisdictional determination should be made at a preliminary hearing or await a fuller development of the case, mindful that this determination must be made as soon as practicable. Bland, 34 S.W.3d at 554. This determination “must be left largely to the trial court’s sound exercise of discretion.” Id. In the instant case, the record before the Court fails to establish that the trial court has abused its discretion by acting unreasonably. See Alford Chevrolet–Geo, 997 S.W.2d 173.

*2 In their third issue, relators contend that the district court’s discovery order is unduly burdensome and subjects relators to potential criminal liability for disclosure of the requested information. The record before the Court indicates that the discovery responses at issue would require approximately thirty hours to prepare. Such an order is not unduly burdensome. See id . at 181. Discovery regarding the identity of potential class members is generally allowed. See id. Relators have not carried their burden to show that their release to opposing counsel of the requested information—names, addresses, telephone numbers, claim numbers, and the fact that the claims were denied—would subject relators to criminal liability.

Based on the foregoing, the stay previously imposed by this Court is ordered lifted and the petition for writ of mandamus is denied. See Tex.R.App. P. 52.8(a).

	Footnotes
1		See Tex.R.App. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not required to do so.”); Tex.R.App. P. 47.4 (distinguishing opinions and memorandum opinions).