Order: DARRELL W COOK PC vs. THOMAS LEKSAN

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CAUSE NO. DC-10-16833-A

DARRELL W COOK PC § IN THE DISTRICT COURT
vs. §
THOMAS LEKSAN §
§ OF DALLAS COUNTY, TEXAS
§
§
§ 14™ JUDICIAL DISTRICT

UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2)
(Revised June 1, 2001)

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 01/03/2012at 9:30 a.m.
(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 may be carried to the next week. FAILURE TO COMPLY
WITH THE DEADLINES CONTAINED HEREIN SHALL NOT SUPPORT A MOTION
TO CONTINUE THIS MATTER.

2. Unless otherwise ordered, discovery in this case will be controlled by:
(X)— Rule 190.2 (Level 1)
( ) Rule 190.3 (Level 2)

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 due 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
relation 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) weeks 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 parties 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

 

UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2) - Page 1 of 2requirements 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.

(X) Unless otherwise ordered by the Court, the parties shall select a mediator by agreement;
if the parties are unable to agree on a mediator, they shall advise the Court within thirty (30) 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, each 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 pm 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 liming.
Failure to file such materials may result in dismissal for want of prosecution or other appropriate sanction.

Plaintiff/Plaintiff’'s counsel shall serve a copy of this Order on any currently named defendant(s)
answering after this date.

SIGNED April 12, 2011 .
See
oe

District Judge

ee: Counsel of Record/Pro Se Parties/Mediator

 

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