in Re: Western Dairy Transport, L.L.C. and Jorge Hernandez

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § IN RE: No. 08-18-00030-CV § WESTERN DAIRY TRANSPORT, AN ORIGINAL PROCEEDING L.L.C. AND JORGE HERNANDEZ, § IN MANDAMUS Relators. § § DISSENTING OPINION In this original proceeding, Relators ask the Court to extend case law which limits pre- arbitration discovery and hold that Plaintiffs are not entitled to merits-based discovery while Relators’ motion to dismiss based on a forum selection clause remains pending. The majority denies mandamus relief because Relators have not proven “as a gateway matter” that the forum selection clause is…