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KIRKLEY & BERRYMAN, L.L.P.
100 N. FOREST PARK BLVD., SUITE 220
FORT WORTH, TEXAS 76102
J. Lyndell Kirkley Sean R. Looney
kirkley@kbblawyers.com TELEPHONE: 817.335.3311 slooney@kbhlawyers.com
B. Dan Berryman FACSIMILE: 817.335.7733 Ana I. Forcum
herryman@khhlawyers.com aforcum@kbhlawyers.com
Karin Knowles Cagle www.kbblawyers.com J. Edward Johnson
kcagle@kbblawyers.com ejohnson@kbhlawyers.com
March 28, 2011
Via First Class Mail
Thomas A Wilder
District Clerk
Tarrant County, Texas
40 I W. Belknap
Fort Worth, Texas 76196-0402
Re: Cause No. 153-232668-08; Virginia 0. Kinsel, et al. v.Jane 0. Lindsey
Dear Mr. Wilder:
Enclosed please find a signed Third Amended Level Three Scheduling Order in the
above referenced matter.
Our office received a Trial Setting Notice from the District Clerk's office on March 28,
2011 setting a hearing for Temp Restraining Order/Injunction on April11, 2011 as number seven
on the docket list. Based on the Third Amended Scheduling Order, the date provided in the
clerk's notice is incorrect.
For questions or concerns, please do not hesitate to contact me.
Sincerely,
Trisha Smith
Paralegal
.-,_}
Cc: Via First Class Mail
Ms. Patricia Gaeta-Cannan
Court Coordinator
153rd Judicial District Court
-.
c.
Tim Curry Justice Center- 7th Floor
401 W. Belknap
Fort Worth, Texas 76196-0225
District Clerk Letter re: Wrong Hearing Date Page 1
..
CAUSE N0.153-232668-08
VIRGINIA 0. KINSEL, ET AL. § IN THE DISTRICT COURT OF
§
v. § TARRANT COUNTY, TEXAS
§
JANE 0. LINDSEY, ET AL. § 153rd JUDICIAL DISTRICT
THIRD AMENDED LEVEL THREE SCHEDULING ORDER
In accordance with Rules 166, 190, and 192 of the TEXAS RULES OF CIVIL
PROCEDURE, the Court makes the following order to control the schedule of this
cause.
This case will be ready and is set for jury trial on October 17, 2011 ("Reset
Trial Setting"). Subsequent reset or continuance of the Reset 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 or Rule 11 Agreement.
The following pre-trial scheduling deadlines are hereby APPROVED and
replace all deadlines set forth in the Second Amended Agreed Level Three Scheduling
Order:
A. September 15, 2011- Completion ofMediation. The parties shall advise the
Court of the mediator agreed to by the parties at least thirty days prior to this
deadline. Failure to name a mediator by such date will result in appointment
of a mediator by the Court.
B. February 14,2011- Joinder of Additional Parties. Leave of Court shall not
be required if additional parties are named by this date.
THIRD AMENDED LEVEL THREE SCHEDULING ORDER Page 1
G:\Ja-lo.Jaoo.U UUA\Fli.L!.\LlNDSE\" •.t.·. Kl riSEL\PLEADINGS\ TfiiRD AMENDED AGR.££0 U:VEL TIIREIC SCIU:DtiUNG ORD[M..-pd
C. May 5, 2011- Designation ofTestifying Experts for Party/Parties with the
burden of proof. Any party with the burden of proof designating a testifying
expert witness is ORDERED to provide, no later than this date, the
information set forth in TEX. R. Crv. P. 194.2(£) and a written report prepared
by the expert setting forth the substance of the expert's opinion. (The
requirements of a written report shall not extend to an expert witness called
solely for the issue of attorneys' fees.) An expert not designated or report not
submitted prior to the deadlines set forth herein shall result in the expert not
being permitted to testify unless good cause is shown for the late designation.
D. June 3, 2011- Designation of a Testifying Experts for Parties Respondent.
Any party designating an expert witness to respond to an expert identified
above is ORDERED to provide, no later than this date the information set
forth in TEX. R. Crv. P. 194.2(£) and a written report prepared by the expert
setting forth the substance of the expert's opinion. (The requirement of a
written report shall not extend to an expert witness called solely for the issue
of attorneys' fees.) An expert not designated or report not being submitted
prior to the deadlines set forth herein shall result in the expert not being
pernlitted to testify unless good cause is shown for the late designation.
E. August 18,2011- Any motion to exclude or limit expert testimony must be
filed by this date.
F. July 14, 2011 -Completion of all Discovery. Allowing sufficient time for:
(1) timely responses to such requests to be served or filed; and (2) completion
of all depositions, including supplementation of the record, by such deadline.
The "Order Denying Plaintiffs' First Amended Motion to Quash Notices of
Intention to Take Oral Depositions and Motion for Protective Order" dated
June 10, 2009, is vacated insofar as it allows Defendants to take Plaintiffs'
depositions before Plaintiffs may take Defendants' depositions. There shall be
no preference given to any party or side with regard to the order of depositions
taken in this lawsuit.
G. May 5, 2011 - Filing Additional, Amended, New, or Supplemental
Pleadings by the Party with the burden of proof.
H. May 19, 2011 -Filing Objections, Special Exceptions, or other Responses
to pleadings by all parties.
THIRD AMENDED LEVEL THREE SCHEDULING ORDER Page 2
G:\Kirl U:\'EL TliR££ SCUEDliUNG ORDEibrpd
<•
I. August 18, 2011 - Filing Dispositive and Other Pre-Trial Matters
(Summary Judgments, Pleas to the Jurisdiction, Pleas in Abatement, Motions
in Limine, etc.). Motions not filed by this date will not be heard except upon
leave of Court.
J. Local Rule 3.03(d). The parties shall comply with the requirements ofTarrant
County Local Rule 3.03(d) on or before the tenth (lOth) day prior to the trial
date.
K. Local Rule 3.03(c) Materials. The parties shall provide the materials required
by Tarrant County Local Rule 3.03(c) on or before the tenth (lOth) day prior to
the trial date.
L. October 17, 2011- Jury Trial at 9:00a.m. (Anticipated length: Five (5)
days.)
-:-!'-
SIGNED this l d day of M ...,.,.. . '2010.
THIRD AMENDED LEVEL TlmEE SCHEDULING ORDER Page3
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KIRKLEY & BERRYMAN, L.L.P. 100 N. FOREST PARK BLVD., SUITE 220 FORT WORTH, TEXAS 76102 J. Lyndell Kirkley Sean R. Looney kirkley@kbblawyers.com TELEPHONE: 817.335.3311 slooney@kbhlawyers.com B. Dan Berryman FACSIMILE: 817.335.7733 Ana I. Forcum herryman@khhlawyers.com aforcum@kbhlawyers.com Karin Knowles Cagle www.kbblawyers.com J. Edward Johnson kcagle@kbblawyers.com ejohnson@kbhlawyers.com March 28, 2011 Via First Class Mail Thomas A Wilder District Clerk Tarrant County, Texas 40 I W. Belknap Fort Worth, Texas 76196-0402 Re: Cause No. 153-232668-08; Virginia 0. Kinsel, et al. v.Jane 0. Lindsey Dear Mr. Wilder: Enclosed please find a signed Third Amended Level Three Scheduling Order in the above referenced matter. Our office received a Trial Setting Notice from the District Clerk's office on March 28, 2011 setting a hearing for Temp Restraining Order/Injunction on April11, 2011 as number seven on the docket list. Based on the Third Amended Scheduling Order, the date provided in the clerk's notice is incorrect. For questions or concerns, please do not hesitate to contact me. Sincerely, Trisha Smith Paralegal .-,_} Cc: Via First Class Mail Ms. Patricia Gaeta-Cannan Court Coordinator 153rd Judicial District Court -. c. Tim Curry Justice Center- 7th Floor 401 W. Belknap Fort Worth, Texas 76196-0225 District Clerk Letter re: Wrong Hearing Date Page 1 .. CAUSE N0.153-232668-08 VIRGINIA 0. KINSEL, ET AL. § IN THE DISTRICT COURT OF § v. § TARRANT COUNTY, TEXAS § JANE 0. LINDSEY, ET AL. § 153rd JUDICIAL DISTRICT THIRD AMENDED LEVEL THREE SCHEDULING ORDER In accordance with Rules 166, 190, and 192 of the TEXAS RULES OF CIVIL PROCEDURE, the Court makes the following order to control the schedule of this cause. This case will be ready and is set for jury trial on October 17, 2011 ("Reset Trial Setting"). Subsequent reset or continuance of the Reset 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 or Rule 11 Agreement. The following pre-trial scheduling deadlines are hereby APPROVED and replace all deadlines set forth in the Second Amended Agreed Level Three Scheduling Order: A. September 15, 2011- Completion ofMediation. The parties shall advise the Court of the mediator agreed to by the parties at least thirty days prior to this deadline. Failure to name a mediator by such date will result in appointment of a mediator by the Court. B. February 14,2011- Joinder of Additional Parties. Leave of Court shall not be required if additional parties are named by this date. THIRD AMENDED LEVEL THREE SCHEDULING ORDER Page 1 G:\Ja-lo.Jaoo.U UUA\Fli.L!.\LlNDSE\" •.t.·. Kl riSEL\PLEADINGS\ TfiiRD AMENDED AGR.££0 U:VEL TIIREIC SCIU:DtiUNG ORD[M..-pd C. May 5, 2011- Designation ofTestifying Experts for Party/Parties with the burden of proof. Any party with the burden of proof designating a testifying expert witness is ORDERED to provide, no later than this date, the information set forth in TEX. R. Crv. P. 194.2(£) and a written report prepared by the expert setting forth the substance of the expert's opinion. (The requirements of a written report shall not extend to an expert witness called solely for the issue of attorneys' fees.) An expert not designated or report not submitted prior to the deadlines set forth herein shall result in the expert not being permitted to testify unless good cause is shown for the late designation. D. June 3, 2011- Designation of a Testifying Experts for Parties Respondent. Any party designating an expert witness to respond to an expert identified above is ORDERED to provide, no later than this date the information set forth in TEX. R. Crv. P. 194.2(£) and a written report prepared by the expert setting forth the substance of the expert's opinion. (The requirement of a written report shall not extend to an expert witness called solely for the issue of attorneys' fees.) An expert not designated or report not being submitted prior to the deadlines set forth herein shall result in the expert not being pernlitted to testify unless good cause is shown for the late designation. E. August 18,2011- Any motion to exclude or limit expert testimony must be filed by this date. F. July 14, 2011 -Completion of all Discovery. Allowing sufficient time for: (1) timely responses to such requests to be served or filed; and (2) completion of all depositions, including supplementation of the record, by such deadline. The "Order Denying Plaintiffs' First Amended Motion to Quash Notices of Intention to Take Oral Depositions and Motion for Protective Order" dated June 10, 2009, is vacated insofar as it allows Defendants to take Plaintiffs' depositions before Plaintiffs may take Defendants' depositions. There shall be no preference given to any party or side with regard to the order of depositions taken in this lawsuit. G. May 5, 2011 - Filing Additional, Amended, New, or Supplemental Pleadings by the Party with the burden of proof. H. May 19, 2011 -Filing Objections, Special Exceptions, or other Responses to pleadings by all parties. THIRD AMENDED LEVEL THREE SCHEDULING ORDER Page 2 G:\Kirl U:\'EL TliR££ SCUEDliUNG ORDEibrpd <• I. August 18, 2011 - Filing Dispositive and Other Pre-Trial Matters (Summary Judgments, Pleas to the Jurisdiction, Pleas in Abatement, Motions in Limine, etc.). Motions not filed by this date will not be heard except upon leave of Court. J. Local Rule 3.03(d). The parties shall comply with the requirements ofTarrant County Local Rule 3.03(d) on or before the tenth (lOth) day prior to the trial date. K. Local Rule 3.03(c) Materials. The parties shall provide the materials required by Tarrant County Local Rule 3.03(c) on or before the tenth (lOth) day prior to the trial date. L. October 17, 2011- Jury Trial at 9:00a.m. (Anticipated length: Five (5) days.) -:-!'- SIGNED this l d day of M ...,.,.. . '2010. THIRD AMENDED LEVEL TlmEE SCHEDULING ORDER Page3 •