The trial setting was eventually continued to a November setting and the issue of deposing Lord Browne was once again put before the Court in Oct. 2006. In October, the Court ruled once again that the Plaintiffs’ Steering Committee should be allowed to take the deposition of Lord Browne. This decision was immediately appealed by BP.
In February 2007, the First Court of Appeals ruled (without comment) that the deposition of Lord Browne could go forward. The Plaintiffs’ Steering Committee re-noticed Lord Browne’s deposition in order to take his deposition prior to the next BP trial setting. Once again BP promptly appealed this decision, this time asking for protection for the Texas Supreme Court.