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4392
Cause No. 10-10383-D
WHEEL RESOURCE - HOUSTON, INC., § IN THE DISTRICT COURT OF
WHEEL RESOURCE - DALLAS INC., §
WHEEL RESOURCE - TAMPA, INC. §
WHEEL RESOURCE - LITTLE ROCK, INC. §
§
§
§
§
vs. DALLAS COUNTY, TEXAS
PRESTIGE AUTOTECH CORP. 95th JUDICIAL DISTRICT
SCHEDULING AND LEVEL 2 DISCOVERY ORDER
In accordance with TEX. R. CIV. P. 166 and 190, the Court enters the following Scheduling
the Court's 2 week docket
beginning
1. This case wilt be ready and is set for NON-JURY TRIAL on August 29, 2011, at
8:30. a.m. Trial announcements must be made in accordance with Local Rule 3.02. If the case is not
reached as sel, it may be carried to the next week.
and Discovery Order in this case:
Failure of a party seeking affirmative relief’ to announce or appear at the trial setting will
result in dismissal for want of prosecution. Failure of a defending party to announce or appear at
the trial setting may result in an appropriate default against that party.
2. Discovery in this case will be controlled by TEX. R. CIV. P. 190.3 (Level 2).
3. Dispositive motions and objections or challenges to expert testimony must be filed
and heard at least 45 days prior to the trial setting.
4. No additional parties may be joined more than five months after the commencement
of this case, except on motion for leave showing good cause. This paragraph does not otherwise
alter the requirements of TEX. R. CIV. P. 38. The party joining an additional party shall serve a
copy of this Order on the new party concurrently with the pleading joining that party.
5. The parties shall mediate this case no later than 45 days before the trial setting, unless
otherwise provided by Order. Mediation will be conducted in accordance with the Standing Dallas
County Civil District Court Order Regarding Mediation, which is available from the Datlas County
ADR Coordinator. Rules for Mediation are enclosed herewith and shall be deemed a part of this
Order. All parties shall contact the mediator to arrange the mediation, and the fees of the mediator
shall be taxed as costs.
6. The mediator appointed in this case is: Anne Ashby, (972) 661-2622. Within 14
days of the date of this Order, the partics may agree to substitute a mediator of their choosing,
provided that the appointed mediator and the Court are provided written notice of the substitution,
together with the name and contact information of the substituted mediator. Mediator substitution
beyond such time may only be made by motion, with good cause shown.
Scheduling and Discovery Order - Page !7. At least 10 days before the trial setting, the attorneys for all parties shall meet in
person to confer and seek to reach agreement on matters to be submitted to or determined by the
Court in the tial or any pre-trial in this cause, including motions in limine, proposed jury
instructions, definitions and questions, stipulations, the admissibility of exhibits and deposition
testimony, and such other matters on which agreement may expedite the trial of the case.
8. At least seven days before the trial setting, the parties shall exchange a list of
exhibits, including any demonstrative aids and affidavits, and shall exchange copies of any exhibits
not previously produced in discovery; over-designation is strongly discouraged and may be
sanctioned. Except for records to be offered by way of business record affidavits, each exhibit must
be identified separately and not by category or group designation.
9. Three days before the trial setting, the parties in a jury case and in any non-jury case
anticipated to last more than two days shall file with the Court an estimate of the length of trial, a
list of witnesses and exhibits, designations of deposition testimony to be offered at trial, and any
motions in limine. Ina case set on the jury docket, each party shall provide the Court a copy of its
proposed charge or applicable part thereof. The Court prefers that this information be provided on
CD or flash drive. Failure to file such materials may result in dismissal for want of prosecution or
other appropriate sanction.
10. In the event this case is reset or continued, the new trial date shall be deemed the date
from which the deadlines in paragraphs 3, 5, 7, 8 and 9 of this Order run.
Plaintiff/Plaintiff's counsel shall serve a copy of this Order on any parties appearing after this
date.
SIGNED: March 3, 2011.
KEN MOLBERG
Judge, 95th District Court
cc: Counsel of Record / Pro Se Parties
Mediator, Anne Ashby
Scheduling and Discovery Order - Page 2RULES FOR MEDIATION
1, Definition of Mediation. Mediation is a process under which an impartial person, the mediator, facilitates
communication between the parties to promote reconciliation, settlement or understanding among them. The mediator may suggest
ways of resolving the dispute, but may not impose his own judgment on the issues for that of the parties.
2. Conditions Precedent to Serving a Mediator. The mediator shall not serve as a mediator in any dispute in which he
has any financial or personal interest in the result of the mediation. Prior to accepting an appointment, the mediator shall disclose
any circumstances likely to create a presumption of bias or prevent a prompt meeting with the parties.
3. Authority of Mediator. The mediator does not have the authority to decide any issue for the parties, but will attempt
to facilitate the voluntary resolution of the dispute by the parties. The mediator is authorized to conduct joint and separate meetings
with the parties and to offer suggestions to assist the parties achieve settlement, If necessary, the mediator may also obtain expert
advice conceming technical aspects of the dispute. provided that the parties agree and assume the expenses of obtaining such advice,
arrangements for obtaining such advice shall be made by the mediator of the parties, as the mediator shall determine.
4, Parties Responsible for Negotiating Their Own Settlement. The parties understand that the mediator will not and.
cannot impose a settlement in their case. The mediator, as an advocate for settlement, will use every effort to facilitate the
negotiations of the parties. The mediator does not warrant or represent that settlement will result from the mediation process.
5. Authority of Representatives. Party representatives must have authonty to settle and all persons necessary to the
decision to settle shall be present. The names and addresses of such persons shall be communicated in writing to all parties and the
mediator.
6. Time and Place of Mediation. The mediator shall fix the time of cach mediation session. The mediation shall be held
at the office of mediator, or at any other convenient location agreeable to the mediator and the parties, as the mediator shall determine.
7. Identification of Matters in Dispute. Prior to the first scheduled mediation session, each party shall provide the
mediator and all attomeys of record with an information sheet and request for mediation on the form provided by the mediator setting
forth its position with regard to the issues that need to be resolved. At or before the first session, the parties will be expected to
produce all information reasonably required for the mediator to understand the issues presented. The mediator may require any party
to supplement such information.
8. Privacy. Mediation sessions are pnvate. The parties and their representatives may attend mediation sessions. Other
persons may attend only with the permission of the parties and with the consent of the mediator.
9. Confidentiality. Confidential information disclosed to a mediator by the parties or by witnesses in the course of the
mediation shail not be divulged by the mediator. All records, reports or other documents received by a mediator while serving in
that capacity shall be confidential. The mediator shall not be compelled to divulge such records or to testify in regard to the
mediation in any adversary proceeding or judicial forum except as may be provided in Section 154,073 of the Texas Civil Practice
and Remedies Code. Any party that violates this order may be subject to the imposition of sanctions as may be permitted by law.
The parties shall maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral, judicial
or other proceeding: A) Views expressed or suggestions made by another party with respect to a possible settlement of the dispute:
B) Admissions made by another party in the course of the mediation proceedings, C) Proposals made or views expressed by the
mediator; or D) The fact that another party had or had not indicated willingness to accept a proposal for settlement made by the
mediator,
10. No Stenographic Record. There shall be no stenographic record of the mediation process and no person shall tape
record any portion of the mediation session.
Il. No Service of Process At or Near The Site of The Mediation Session. No Subpoenas, summons, complaints,
citations, writs or other process may be served upon any person at or near the site of any mediation session upon any person entering,
attending or leaving the session.
12. Termination of Mediation. The mediation shall be terminated: A) By the execution of a settlement agreement by
the parties; B) By declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; or C) After the
completion of one full mediation session, by a writen declaration of a party or parties to the effect that the mediation proceedings
are terminated.
13. Interpret
ion and Application of Rules. The mediator shall interpret and apply these rules.
14, Fees and Expenses. The mediator's daily fee. if agreed upon prior to mediation, shall be paid in advance of each
mediation day. The expenses of witnesses for either side shall be paid by the pany producing such witnesses. All other expenses
of the mediation, including fees and expenses of the mediator, and the expenses of any witness and the cost of any proofs or expert
advice produced at the direct request of the mediator, shal! be bome equally by the parties unless they agree otherwise.
Preview
ype 4392 Cause No. 10-10383-D WHEEL RESOURCE - HOUSTON, INC., § IN THE DISTRICT COURT OF WHEEL RESOURCE - DALLAS INC., § WHEEL RESOURCE - TAMPA, INC. § WHEEL RESOURCE - LITTLE ROCK, INC. § § § § § vs. DALLAS COUNTY, TEXAS PRESTIGE AUTOTECH CORP. 95th JUDICIAL DISTRICT SCHEDULING AND LEVEL 2 DISCOVERY ORDER In accordance with TEX. R. CIV. P. 166 and 190, the Court enters the following Scheduling the Court's 2 week docket beginning 1. This case wilt be ready and is set for NON-JURY TRIAL on August 29, 2011, at 8:30. a.m. Trial announcements must be made in accordance with Local Rule 3.02. If the case is not reached as sel, it may be carried to the next week. and Discovery Order in this case: Failure of a party seeking affirmative relief’ to announce or appear at the trial setting will result in dismissal for want of prosecution. Failure of a defending party to announce or appear at the trial setting may result in an appropriate default against that party. 2. Discovery in this case will be controlled by TEX. R. CIV. P. 190.3 (Level 2). 3. Dispositive motions and objections or challenges to expert testimony must be filed and heard at least 45 days prior to the trial setting. 4. No additional parties may be joined more than five months after the commencement of this case, except on motion for leave showing good cause. This paragraph does not otherwise alter the requirements of TEX. R. CIV. P. 38. The party joining an additional party shall serve a copy of this Order on the new party concurrently with the pleading joining that party. 5. The parties shall mediate this case no later than 45 days before the trial setting, unless otherwise provided by Order. Mediation will be conducted in accordance with the Standing Dallas County Civil District Court Order Regarding Mediation, which is available from the Datlas County ADR Coordinator. Rules for Mediation are enclosed herewith and shall be deemed a part of this Order. All parties shall contact the mediator to arrange the mediation, and the fees of the mediator shall be taxed as costs. 6. The mediator appointed in this case is: Anne Ashby, (972) 661-2622. Within 14 days of the date of this Order, the partics may agree to substitute a mediator of their choosing, provided that the appointed mediator and the Court are provided written notice of the substitution, together with the name and contact information of the substituted mediator. Mediator substitution beyond such time may only be made by motion, with good cause shown. Scheduling and Discovery Order - Page !7. At least 10 days before the trial setting, the attorneys for all parties shall meet in person to confer and seek to reach agreement on matters to be submitted to or determined by the Court in the tial or any pre-trial in this cause, including motions in limine, proposed jury instructions, definitions and questions, stipulations, the admissibility of exhibits and deposition testimony, and such other matters on which agreement may expedite the trial of the case. 8. At least seven days before the trial setting, the parties shall exchange a list of exhibits, including any demonstrative aids and affidavits, and shall exchange copies of any exhibits not previously produced in discovery; over-designation is strongly discouraged and may be sanctioned. Except for records to be offered by way of business record affidavits, each exhibit must be identified separately and not by category or group designation. 9. Three days before the trial setting, the parties in a jury case and in any non-jury case anticipated to last more than two days shall file with the Court an estimate of the length of trial, a list of witnesses and exhibits, designations of deposition testimony to be offered at trial, and any motions in limine. Ina case set on the jury docket, each party shall provide the Court a copy of its proposed charge or applicable part thereof. The Court prefers that this information be provided on CD or flash drive. Failure to file such materials may result in dismissal for want of prosecution or other appropriate sanction. 10. In the event this case is reset or continued, the new trial date shall be deemed the date from which the deadlines in paragraphs 3, 5, 7, 8 and 9 of this Order run. Plaintiff/Plaintiff's counsel shall serve a copy of this Order on any parties appearing after this date. SIGNED: March 3, 2011. KEN MOLBERG Judge, 95th District Court cc: Counsel of Record / Pro Se Parties Mediator, Anne Ashby Scheduling and Discovery Order - Page 2RULES FOR MEDIATION 1, Definition of Mediation. Mediation is a process under which an impartial person, the mediator, facilitates communication between the parties to promote reconciliation, settlement or understanding among them. The mediator may suggest ways of resolving the dispute, but may not impose his own judgment on the issues for that of the parties. 2. Conditions Precedent to Serving a Mediator. The mediator shall not serve as a mediator in any dispute in which he has any financial or personal interest in the result of the mediation. Prior to accepting an appointment, the mediator shall disclose any circumstances likely to create a presumption of bias or prevent a prompt meeting with the parties. 3. Authority of Mediator. The mediator does not have the authority to decide any issue for the parties, but will attempt to facilitate the voluntary resolution of the dispute by the parties. The mediator is authorized to conduct joint and separate meetings with the parties and to offer suggestions to assist the parties achieve settlement, If necessary, the mediator may also obtain expert advice conceming technical aspects of the dispute. provided that the parties agree and assume the expenses of obtaining such advice, arrangements for obtaining such advice shall be made by the mediator of the parties, as the mediator shall determine. 4, Parties Responsible for Negotiating Their Own Settlement. The parties understand that the mediator will not and. cannot impose a settlement in their case. The mediator, as an advocate for settlement, will use every effort to facilitate the negotiations of the parties. The mediator does not warrant or represent that settlement will result from the mediation process. 5. Authority of Representatives. Party representatives must have authonty to settle and all persons necessary to the decision to settle shall be present. The names and addresses of such persons shall be communicated in writing to all parties and the mediator. 6. Time and Place of Mediation. The mediator shall fix the time of cach mediation session. The mediation shall be held at the office of mediator, or at any other convenient location agreeable to the mediator and the parties, as the mediator shall determine. 7. Identification of Matters in Dispute. Prior to the first scheduled mediation session, each party shall provide the mediator and all attomeys of record with an information sheet and request for mediation on the form provided by the mediator setting forth its position with regard to the issues that need to be resolved. At or before the first session, the parties will be expected to produce all information reasonably required for the mediator to understand the issues presented. The mediator may require any party to supplement such information. 8. Privacy. Mediation sessions are pnvate. The parties and their representatives may attend mediation sessions. Other persons may attend only with the permission of the parties and with the consent of the mediator. 9. Confidentiality. Confidential information disclosed to a mediator by the parties or by witnesses in the course of the mediation shail not be divulged by the mediator. All records, reports or other documents received by a mediator while serving in that capacity shall be confidential. The mediator shall not be compelled to divulge such records or to testify in regard to the mediation in any adversary proceeding or judicial forum except as may be provided in Section 154,073 of the Texas Civil Practice and Remedies Code. Any party that violates this order may be subject to the imposition of sanctions as may be permitted by law. The parties shall maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral, judicial or other proceeding: A) Views expressed or suggestions made by another party with respect to a possible settlement of the dispute: B) Admissions made by another party in the course of the mediation proceedings, C) Proposals made or views expressed by the mediator; or D) The fact that another party had or had not indicated willingness to accept a proposal for settlement made by the mediator, 10. No Stenographic Record. There shall be no stenographic record of the mediation process and no person shall tape record any portion of the mediation session. Il. No Service of Process At or Near The Site of The Mediation Session. No Subpoenas, summons, complaints, citations, writs or other process may be served upon any person at or near the site of any mediation session upon any person entering, attending or leaving the session. 12. Termination of Mediation. The mediation shall be terminated: A) By the execution of a settlement agreement by the parties; B) By declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; or C) After the completion of one full mediation session, by a writen declaration of a party or parties to the effect that the mediation proceedings are terminated. 13. Interpret ion and Application of Rules. The mediator shall interpret and apply these rules. 14, Fees and Expenses. The mediator's daily fee. if agreed upon prior to mediation, shall be paid in advance of each mediation day. The expenses of witnesses for either side shall be paid by the pany producing such witnesses. All other expenses of the mediation, including fees and expenses of the mediator, and the expenses of any witness and the cost of any proofs or expert advice produced at the direct request of the mediator, shal! be bome equally by the parties unless they agree otherwise.