In Re Heather J. Taylor and Mad Hat Maven, LLC v. the State of Texas
Docket 01-26-00338-CV
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- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 1st District (Houston)
- Type
- Lead Opinion
- Case type
- Other
- Disposition
- Denied
- Docket
- 01-26-00338-CV
Original mandamus proceeding challenging trial-court orders authorizing substituted service of subpoenas and compelling depositions and document production
Summary
The First Court of Appeals denied a petition for writ of mandamus and an emergency stay filed by Heather J. Taylor and Mad Hat Maven, LLC. Relators had challenged a district court's March 3, 2026 order allowing substituted service of subpoenas and a March 31, 2026 enforcement order compelling their depositions and production of documents. The appellate court declined to disturb the trial court’s orders and refused to stay the depositions scheduled for April 9, 2026, effectively leaving the trial court’s discovery and enforcement directives in place.
Issues Decided
- Whether the trial court abused its discretion by authorizing substituted service of subpoenas on non-parties.
- Whether the trial court abused its discretion by entering an enforcement order compelling non-parties to appear for depositions and produce documents.
- Whether an emergency stay of the enforcement order and scheduled depositions was warranted pending mandamus review.
Court's Reasoning
The appellate court concluded the relators were not entitled to mandamus relief or an emergency stay. The court relied on the standard that mandamus is an extraordinary remedy and is not granted absent a clear abuse of discretion by the trial court. Applying that deferential standard to the trial court’s substituted-service authorization and enforcement order, the court found no basis to overturn the trial judge’s discovery rulings or to stay the scheduled depositions.
Parties
- Relator
- Heather J. Taylor
- Relator
- Mad Hat Maven, LLC
- Plaintiff
- Jay K. Sears
- Defendant
- Women’s Justice Network, USA
- Judge
- Rabeea Sultan Collier
- Judge
- Fredericka Phillips
Key Dates
- Order Granting Substituted Service
- 2026-03-03
- Enforcement Order
- 2026-03-31
- Mandamus Opinion Issued
- 2026-04-09
- Relators filed mandamus petition
- 2026-04-08
- Scheduled depositions
- 2026-04-09
What You Should Do Next
- 1
Comply with the enforcement order
Appear for the depositions on April 9, 2026, and produce responsive documents at least three days beforehand as ordered, unless you obtain a stay from a higher court.
- 2
Consult appellate counsel
Discuss the possibility and likelihood of seeking further discretionary review (e.g., Texas Supreme Court mandamus) and any emergency relief options.
- 3
Raise objections in the trial court
If there are specific privilege or scope objections, present them to the trial court promptly to limit or protect certain materials or testimony.
Frequently Asked Questions
- What did the court decide?
- The appellate court denied the request to overturn the trial court’s discovery orders and refused to stay the depositions and document production.
- Who is affected by the decision?
- Heather J. Taylor and Mad Hat Maven, LLC (the relators) are directly affected because they must comply with the trial court’s subpoena, and the parties in the underlying defamation case remain able to pursue discovery.
- What happens next?
- The relators must appear for their scheduled depositions and produce responsive documents as ordered, unless they obtain relief from the trial court or a higher court.
- Can this be appealed further?
- Relators could seek further review, such as a petition for review to the Texas Supreme Court, but mandamus petitions are discretionary and such relief is not guaranteed.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Opinion issued April 9, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-26-00338-CV
———————————
IN RE HEATHER J. TAYLOR AND MAD HAT MAVEN, LLC, Relators
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
At 10:33pm on April 8, 2026, Relators Hether J. Taylor and Mad Hat Maven,
LLC—non-parties in the underlying defamation action—filed a petition for writ of
mandamus challenging (1) the March 3, 2026 Order Granting Substituted Service
signed by the Honorable Rabeea Sultan Collier, Presiding Judge of the 113th Judicial
District Court of Harris County, authorizing substituted service of subpoenas on
Relators, and (2) the March 31, 2026 Enforcement Order signed by the Honorable
Fredericka Phillips, Visting Judge of the 113th Judicial District Court of Harris
County, compelling Relators to appear for depositions within ten days (i.e., by April
9, 2026) and produce all documents responsive to the document request at least three
days prior to the deposition. 1 In conjunction with the petition, Relators filed a motion
requesting an emergency stay of (1) the Enforcement Order, (2) the deposition of
Taylor scheduled for April 9, 2026 at 9:00am, and (3) the deposition of Mad Hat
Mave’s corporate representative scheduled for April 9, 2026 at 1:30pm. We deny
the mandamus petition and the related stay motion.
PER CURIAM
Panel consists of Justices Gunn, Caughey, and Morgan.
1
The underlying case is Jay K. Sears v. Women’s Justice Network, USA and J. Doe,
cause number 2025-78000, pending in the 113th District Court of Harris County,
Texas, the Honorable Rabeea Sultan Collier presiding. The Honorable Fredericka
Phillips sitting as visiting judge.
2