Trial: In the Matter of the Marriage of Gisela Sara Gonzalez and Lawrence Gonzalez and In the Interest of Lawrence C Gonzalez

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                RECEIVED AND FILED
FOR RECORD
6/13/2022 1:36 PM
Melisa Miller, District Clerk
Montgomery County, Texas

TRACY A. GILBERT

Judge, 418th Judicial District Court
SCHARLENE W. VALDEZ, Associate Judge

Kimberly Perry, CCM Christa Townes, CSR, RMR
Court Administrator Official Court Reporter
mailto:kim.perry@mctx.org mailto:christa.townes@mctx.org
Lisa Shanahan Kathy Aaron, CSR
Court Coordinator Associate Court Reporter
mailto:lisa.shanahan@mcetx.org mailto:kathy.aaron@mctx.org

June 13, 2022

Katherine Bihm kate@bihmfirm.com
Lawrence Gonzalez 27 Bracken Fern Ct. Spring, TX 77380

Re: Cause No. 22-04-04482
In the 418" District Court of Montgomery County, Texas

Dear Counsel:

Enclosed/attached is a Scheduling Order which shall control the disposition of this matter. THE TRIAL AND THE
DOCKET CALL-PRETRIAL CONFERENCE DATES ARE FIRM AND ARE NOT SUBJECT TO CHANGE. The parties
may agree upon reasonable adjustments to the other dates, and to any limitation on the time for or amount of discovery
allowed under either the SCHEDULNG ORDER or the Texas Rules of Civil Procedure. Any Amended Discovery Control
Plan shall be filed within 20 days of the date of this letter, or within 20 days after the appearance of opposing counsel. If
an Amended Scheduling Order is not so filed, all dates on the enclosed/attached SCHEDULING ORDER shall control.
Counsel shall also comply with the enclosed TRIAL PREPARATION ORDER.

This case has been set for TRIAL on October 31, 2022 at 9:00 a.m. All parties shall be present, along with
counsel if applicable, and prepared to discuss all issues relating to this case (including settlement) at the DOCKET CALL-
PRETRIAL CONFERENCE on Friday, October 21, 2022 at 9:00 a.m. Counsel shall contact the Court Coordinator at
(936) 538-3618, and advise him/her of the amount of time this trial will require.

THE PARTY CAUSING THE JOINDER OF ANY NEW PARTY(IES) FOLLOWING THE ISSUANCE OF THE
ENCLOSED/ATTACHED SCHEDULING ORDER AND TRIAL PREPARTION ORDER SHALL PROVIDE A COPY OF
THIS LETTER, THE SCHEDULING ORDER, THE TRIAL PREPARATION ORDER AND ANY APPLICABLE STANDING
ORDER(S) TO THE NEW PARTY(IES) AT THE TIME OF APPEARANCE.

41874 Judicial District Court

Montgomery County Courthouse ¢ 301 North Main, Suite 217 # Conroe, Texas 77301
(936) 538-3618 or (281) 364-4200 ext. 3618 Fax (936) 538-3660
www.metx.org/courts/41 8th_district_court
www.metx.org/departments/departments_d_- f/district_courts/418th_district_courtGISELA SARA GONZALEZ

Vv

LAWRENCE GONZALEZ

Cause No. 22-04-04482
§ IN THE DISTRICT COURT OF

§
§ MONTGOMERY COUNTY, TEXAS

§
§ 418th JUDICIAL DISTRICT COURT

SCHEDULING ORDER-FAMILY

The following Scheduling Order shall apply to this case unless modified by the Court. Any date that
falls on a weekend or legal holiday (as determined by the Montgomery County Commissioners Court) shall be
moved to the next business day that does not fall on a weekend or legal holiday. All parties shall comply with
the enclosed/attached Trial Preparation Order - Family.

1. 120 DAYS BEFORE TRIAL

2. 105 DAYS BEFORE TRIAL

(a) 105 DAYS BEFORE TRIAL

(b)_90 DAYS BEFORE TRIAL

4. _45 DAYS BEFORE TRIAL

5. _45 DAYS BEFORE TRIAL

JOINDER. All parties must be added and served, whether by
amendment or third-party practice, by this date. THE PARTY CAUSING
THE JOINDER OF ANY NEW PARTY(IES) FOLLOWING THE
ISSUANCE OF THIS SCHEDULING ORDER SHALL PROVIDE A
COPY OF THIS SCHEDULING ORDER, THE COURT’S COVER
LETTER, THE TRIAL PREPARATION ORDER-FAMILY, AND ANY
APPLICABLE STANDING ORDER(S) TO THE NEW PARTY(IES) AT
THE TIME OF SERVICE.

PLEADINGS. All amendments and supplements must be filed by this
date. This order does not preclude prompt filing of pleadings directly responsive
to any timely filed pleadings.

EXPERT WITNESS DESIGNATION. A list shall be filed that
includes each expert's name, address, telephone number(s), and the subject of the
testimony and opinions that will be proffered by each expert.

Plaintiff(s); and
All other parties.

Experts not listed in compliance with this paragraph will not be permitted to
testify absent a showing of good cause. This designation is not a substitute for
any required discovery supplementation.

SWORN INVENTORY AND APPRAISEMENT / FINANCIAL
INFORMATION STATEMENT. On or before this date, all parties shall file
and exchange (a) a Sworn Inventory and Appraisement of all property, both real
and personal, owned or claimed by the parties, and (b) a Financial Information
Statement. Failure to file and exchange same will result in the Court adopting as
stipulated the information filed by the complying party.

DISCOVERY DEADLINE. All discovery requests and deposition

notices must be served by this date. Counsel may initiate discovery beyond this
deadline by agreement. Incomplete discovery will not delay the trial date.6. _45 DAYS BEFORE TRIAL

7. 15 DAYS BEFORE TRIAL

8. October 21, 2022

9. October 31, 2022

SIGNED:

/s/ Tracy A. Gilbert

SUMMARY JUDGMENTS. All Motions for Summary Judgment shall
be filed by this date.

MEDIATION/ALTERNATIVE DISPUTE RESOLUTION. By this
date, mediation must be completed. The named parties shall be present during
the entire mediation process, and each corporate party must be represented by an
executive with full authority to negotiate a settlement.

DOCKET CALL-PRETRIAL CONFERENCE. (TIME: 9:00 a.m.).
Parties shall be present and prepared to discuss all aspects of trial with the court
on this date. Parties shall comply with the enclosed Trial Preparation Order —
Family.

NOTICE OF INTENT TO DISMISS ON DOCKET CALL-PRETRIAL
CONFERENCE DATE: THIS CASE MAY BE DISMISSED FOR WANT OF
PROSECUTION ON OR AFTER THE DATE OF THE DOCKET CALL-
PRETRIAL CONFERENCE if by said date there is no:

a. Service with citation;

b. Answer or properly executed Waiver on file;

c. Mediation; or

d Completion of approved PARENT EDUCATION PROGRAM, if
applicable.

Failure to appear at DOCKET CALL-PRETRIAL CONFERENCE
may result in the dismissal of the case, appropriate sanctions and/or

the exclusion of some or all of that party’s evidence.

It is further ORDERED that any necessary genetic testing shall be
completed and results obtained by this date pursuant to Chapter 160 of the
Texas Family Code.

TRIAL ~ 9:00 a.m,

Date: June 13, 2022

Tracy A Gilbert
JUDGE, 4187 DISTRICT COURTCAUSE NO. 22-04-04482

GISELA SARA GONZALEZ § IN THE DISTRICT COURT OF
§

v § MONTGOMERY COUNTY, TEXAS
§

LAWRENCE GONZALEZ § 418th JUDICIAL DISTRICT COURT

TRIAL PREPARATION ORDER — FAMILY
Pursuant to Rule 166 of the Texas Rules of Civil Procedure, it is hereby ORDEDED that a DOCKET
CALL-PRETRIAL CONFERENCE is set in this matter for 9:00 a.m. on Friday October 21, 2022.
Counsel shall be prepared to discuss all matters as may aid in the disposition of this action, including those
items outlined in Rule 166 (a) — (p).
Pursuant to Rule 166, the following shall apply:
1) DOCKET CALL-PRETRIAL CONFERENCE shall be at 9:00 a.m. on Friday, October 21, 2022

2) All parties shall be present, along with counsel if applicable, and prepared to discuss all issues relating
to this case (including settlement) at the DOCKET CALL-PRETRIAL CONFERENCE.

3) At the DOCKET CALL-PRETRIAL CONFERENCE, all parties must file with the Court and serve
on opposing counsel the following:

a. Motion(s) in Limine (for jury trials);

b. A proposed Charge to the Jury with definitions, instructions and questions (for jury trials)
(Please furnish the Court with a printed copy, and a CD, flashdrive or 3.5” disc containing the
proposed Charge to the Jury in MS Word format);

c. A proposed division of property;

d. Proposed provisions for the Final Decree on issues that are in dispute between the parties
(Please furnish the Court with a printed copy, and a CD, flashdrive or 3.5” disc containing such
provisions in MS Word format); and

e. Any briefs or authorities on issues that may come before the Court during trial.

4) Each party shall prepare and file an EXHIBIT LIST for the Court and opposing counsel. All exhibits
that will be offered at trial shall be PRE-MARKED and, along with the EXHIBIT LIST, exchanged
between counsel prior to the DOCKET CALL-PRETRIAL CONFERENCE.

5) All exhibits not objected to by opposing counsel shall be admitted into evidence as a first order of
business at trial.6) All counsel shall advise each other in writing, prior to the DOCKET CALL-PRETRIAL
CONFERENCE, of all deposition excerpts that will be offered at trial, with designated page and line.

7) All other pre-trial discovery, deadlines, and other matters shall be governed by the SCHEDULING
ORDER -FAMILY entered in this case and the Texas Rules of Civil Procedure.

8) All Counsel shall be familiar with, and shall comply with, THE TEXAS LAWYER’S CREED.

Any party that fails to comply with the above will be subject to appropriate sanctions and/or the exclusion of
some or all of that party’s evidence.

It is the Court’s desire that every trial be conducted professionally and efficiently for the benefit of the
parties and the Court. If counsel has any other special requests or suggestions, please advise the Court
Coordinator.

SIGNED:
/s/ Tracy A. Gilbert Date: 6/13/2022

Tracy A Gilbert
JUDGE, 4187 DISTRICT COURT