On December 29, 2010 a
Order
was filed
involving a dispute between
Rathburn, Lou,
and
Professional Bank Na,
The Systems Group Inc.,
Veritex Community Bank,
for GARNISHMENT
in the District Court of Dallas County.
Preview
40 900885
Cause No. DC-10-16694
§
LOU RATHBURN § IN THE DISTRICT COURT
vs. § 134™ JUDICIAL DISTRICT
SAFEGUARD SECURTIY HOLDINGS —s§ DALLAS COUNTY, TEXAS
INCet al §
UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2)
In accordance with Rules 166, 190 and 192 of the Texas Rules of Civil Procedure, the Court
makes the following order to control discovery and the schedule of this cause:
1. This case will be ready and is set for NON JURY TRIAL on 09/06/2011 at 9:00 AM
(the “Initial Trial Setting”). Reset or continuance of the Initial Trial Setting will not alter any deadlines
established in this Order or established by the Texas Rules of Civil Procedure, unless otherwise provided
by order. If not reached as set, the case will be carried to the next week.
2. Unless otherwise ordered, discovery in this case will be controlled by Rule 190.2 (Level
1) of the Texas Rules of Civil Procedure. Except by agreement of the party, leave of court, or where
expressly authorized by the Texas Rules of Civil Procedure, no party may obtain discovery of
information subject to disclosure under Rule 194 by any other form of discovery.
3. Any objection or motion to exclude or limit expert testimony duc to qualification of the
expert or reliability of the opinions must be filed no later than seven (7) days after the close of the
discovery period, or such objection is waived. Any motion to compel responses to discovery (other than
relating to factual matters arising after the end of the discovery period) must be filed no later than seven
(7) days after the close of the discovery period or such complaint is waived, except for the sanction of
exclusion under Rule 193.6.
4. Any amended pleadings asserting new causes of action or affirmative defenses must be
filed no later than thirty (30) days before the end of the discovery period and any other amended
pleadings must be filed no later than seven (7) days after the end of the discovery period. Amended
pleadings responsive to timely filed pleadings under this schedule may be filed after the deadline for
amended pleadings if filed within two (2) wecks after the pleading to which they respond. Except with
leave of court, TRCP 166a(c) motions must be heard no later than thirty (30) days before trial.
5. No additional partics may be joined more than five (5) months after the commencement
of this case except on motion for leave showing good cause. ‘This paragraph does not otherwise alter the
requirements of Rule 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.
6. The parties shall mediate this case no later than thirty (30) days before the Initial Trial
Setting, unless otherwise provided by court order. Mediation will be conducted in accordance with the
standing Dallas County Civil District Court order regarding mediation, which is available from the
Dallas County ADR Coordinator. All parties shall contact the mediator to arrange the mediation. The
mediator may be selected by agreement of all parties; if one cannot be agreed upon within ninety (90)
days, KEN BURDIN (214-528-1411) is hereby appointed mediator. The parties must advise both the
court and the aforementioned mediator in writing of any agreed mediator with in ninety (90) days of the
date this order is signed. Any mediator substitution requested beyond such time may only be made by
motion for submission to the court for good cause and under extraordinary circumstances. Unless
otherwise ordered by the court, the parties shall select a mediator by agreement; if the partics are unableto agree on a mediator, they shall advise the court within ninety (90) days of the date of this order; the
court will then appoint a mediator.
7. Fourteen (14) days before the Initial 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, cach exhibit must be identified
separately and not by category or group designation. Rule 193.7 applies to this designation. On or
before ten (10) days before the Initial Trial Setting, the attorneys in charge for all parties shall meet in
person to confer on stipulations regarding the materials to be submitted to the Court under this paragraph
and attempt to maximize agreement on such matters. By 4:00 p.m. on the Thursday before the Initial
Trial Setting, the parties shall file with the Court the materials stated in Rule 166(e)-(I), an estimate of
the length of trial, designation of deposition testimony to be offered in direct examination, and any
motions in limine. Failure to file such materials may result in dismissal for want of prosecution or other
appropriate sanction.
8. All Daubert challenges, all witness challenges, and all dispositive motions, including
Motions for Summary Judgment, shall be set and heard at least 30 days prior to the initial trial setting or
they are waived.
Plaintiff/Plaintiff’s counsel shall serve a copy of this Order on any currently named defendant(s)
answering after this date.
SIGNED on 3/1/2011.
pe: KEN BURDIN; VERITEX COMMUNITY BANK; PROFESSIONAL BANK NA; R MICHAEL LAGOW;
SAFEGUARD SECURTIY HOLDINGS INC, JOHNNIE |. ALMON; KENNETH STUART HARTER
ADDITIONALLY, YOU MAY OBTAIN A COPY OF THIS ORDER, BY GOING TO:
http://www.dallascounty.org/public_access.html.
Document Filed Date
March 01, 2011
Case Filing Date
December 29, 2010
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