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  • Comack Investments, L.P. VS. M.A.R. Designs & Construction, Inc., Mario Rodriguez, Juan Valdez, Mayella Cantu, John King, Sierra Title of Hidalgo County, Inc., YBK Investments, LLC, Goldcat, LLC, Kleberg Bank, N.A., Penny Investments, Inc., Penny Brown, SAULO MORA, ARACELY RODRIGUEZ, The Edinburg Investment Company, AUDIE E. RAY REAL ESTATE LENDING, SSB HOMES, INC.Contract - Consumer/Commercial/Debt (OCA) document preview
  • Comack Investments, L.P. VS. M.A.R. Designs & Construction, Inc., Mario Rodriguez, Juan Valdez, Mayella Cantu, John King, Sierra Title of Hidalgo County, Inc., YBK Investments, LLC, Goldcat, LLC, Kleberg Bank, N.A., Penny Investments, Inc., Penny Brown, SAULO MORA, ARACELY RODRIGUEZ, The Edinburg Investment Company, AUDIE E. RAY REAL ESTATE LENDING, SSB HOMES, INC.Contract - Consumer/Commercial/Debt (OCA) document preview
  • Comack Investments, L.P. VS. M.A.R. Designs & Construction, Inc., Mario Rodriguez, Juan Valdez, Mayella Cantu, John King, Sierra Title of Hidalgo County, Inc., YBK Investments, LLC, Goldcat, LLC, Kleberg Bank, N.A., Penny Investments, Inc., Penny Brown, SAULO MORA, ARACELY RODRIGUEZ, The Edinburg Investment Company, AUDIE E. RAY REAL ESTATE LENDING, SSB HOMES, INC.Contract - Consumer/Commercial/Debt (OCA) document preview
  • Comack Investments, L.P. VS. M.A.R. Designs & Construction, Inc., Mario Rodriguez, Juan Valdez, Mayella Cantu, John King, Sierra Title of Hidalgo County, Inc., YBK Investments, LLC, Goldcat, LLC, Kleberg Bank, N.A., Penny Investments, Inc., Penny Brown, SAULO MORA, ARACELY RODRIGUEZ, The Edinburg Investment Company, AUDIE E. RAY REAL ESTATE LENDING, SSB HOMES, INC.Contract - Consumer/Commercial/Debt (OCA) document preview
  • Comack Investments, L.P. VS. M.A.R. Designs & Construction, Inc., Mario Rodriguez, Juan Valdez, Mayella Cantu, John King, Sierra Title of Hidalgo County, Inc., YBK Investments, LLC, Goldcat, LLC, Kleberg Bank, N.A., Penny Investments, Inc., Penny Brown, SAULO MORA, ARACELY RODRIGUEZ, The Edinburg Investment Company, AUDIE E. RAY REAL ESTATE LENDING, SSB HOMES, INC.Contract - Consumer/Commercial/Debt (OCA) document preview
  • Comack Investments, L.P. VS. M.A.R. Designs & Construction, Inc., Mario Rodriguez, Juan Valdez, Mayella Cantu, John King, Sierra Title of Hidalgo County, Inc., YBK Investments, LLC, Goldcat, LLC, Kleberg Bank, N.A., Penny Investments, Inc., Penny Brown, SAULO MORA, ARACELY RODRIGUEZ, The Edinburg Investment Company, AUDIE E. RAY REAL ESTATE LENDING, SSB HOMES, INC.Contract - Consumer/Commercial/Debt (OCA) document preview
  • Comack Investments, L.P. VS. M.A.R. Designs & Construction, Inc., Mario Rodriguez, Juan Valdez, Mayella Cantu, John King, Sierra Title of Hidalgo County, Inc., YBK Investments, LLC, Goldcat, LLC, Kleberg Bank, N.A., Penny Investments, Inc., Penny Brown, SAULO MORA, ARACELY RODRIGUEZ, The Edinburg Investment Company, AUDIE E. RAY REAL ESTATE LENDING, SSB HOMES, INC.Contract - Consumer/Commercial/Debt (OCA) document preview
  • Comack Investments, L.P. VS. M.A.R. Designs & Construction, Inc., Mario Rodriguez, Juan Valdez, Mayella Cantu, John King, Sierra Title of Hidalgo County, Inc., YBK Investments, LLC, Goldcat, LLC, Kleberg Bank, N.A., Penny Investments, Inc., Penny Brown, SAULO MORA, ARACELY RODRIGUEZ, The Edinburg Investment Company, AUDIE E. RAY REAL ESTATE LENDING, SSB HOMES, INC.Contract - Consumer/Commercial/Debt (OCA) document preview
						
                                

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Electronically Filed 7/14/2022 1:14 PM Hidalgo County District Clerks Reviewed By: Lorissa Colunga CAUSE NO. C-2975-21-G COMACK INVESTMENTS, L.P. § IN THE DISTRICT COURT OF Plaintiff, § § § v. § § HIDALGO COUNTY, TEXAS M.A.R. DESIGNS & § CONSTRUCTION, INC., MARIO § RODRIGUEZ, JUAN VALDEZ, § MAYELLA CANTU, JOHN R. KING, § SIERRA TITLE OF HIDALGO § COUNTY, INC., YBK § INVESTMENTS, LLC, GOLDCAT, § LLC, KLEBERG BANK, N.A., PENNY § INVESTMENTS, INC. § Defendants. § 370TH JUDICIAL DISTRICT AGREED 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 discovery and the schedule of this cause: August 12, 2022 Joinder of Parties. No additional parties may be joined after this date except on motion for leave showing good cause. This paragraph does not otherwise alter the requirements of Rule 38 of the Texas Rules of Civil Procedure. NOTE: The party joining an additional party must serve a copy of this Scheduling Order on the new party concurrently with the pleading joining the new party. November 18, 2022 Expert Designations. Parties with the burden of proof on an affirmative claim or defense shall serve on all attorneys of record with his/her/its written designation of expert witnesses in the form of supplemental answers to Request for Disclosure and in the form outlined in Rule 194.2(f) of the Texas Rules of Civil Procedure. AGREED SCHEDULING ORDER PAGE 1 Electronically Filed 7/14/2022 1:14 PM Hidalgo County District Clerks Reviewed By: Lorissa Colunga December 16, 2022 Responding Party Expert Designations. Each party responding with an opposing expert witness designation shall serve all attorneys of record with his/her/its written designation of expert witnesses in the form of supplemental answers to Requests for Disclosure and in the outlined in Rule 194.2(f) of the Texas Rules of Civil Procedure. January 6, 2023 Fact Witness Depositions. Depositions of all fact witnesses in this cause must be completed by this date. January 27, 2023 Non-Expert Written Discovery. All non-expert written discovery must be served in time for the response to be due no later than this date. January 27, 2023 Amend Both Pleadings/Special Exceptions Party With Burden of Proof. The deadline for the party with the burden of proof to file amended or supplemental pleadings without approval of the Court and the deadline to file special exceptions shall be this date, unless another party adds an affirmative claim, in which case the deadline, for the party with the burden of proof, to amend or specially except in response to such newly pleaded affirmative claim will be seven (7) days from the date the new affirmative claim is filed. January 30, 2023 Rebuttal Expert Designations. Each party shall file with the Court and serve all attorneys of record with his/her/its rebuttal written designation of expert witnesses in the form of supplemental answers to Request for Disclosure and in the form outlined in Rule 194.2(f) of the Texas Rules of Civil Procedure. February 3, 2023 Amend Pleadings/Special Exceptions Responding Party. Defendant shall file with the Court and serve all other attorneys of record with amended and/or supplemental pleadings and/or supplemental pleadings and/or special exceptions on or before amended pleadings, no additional theories or allegations shall be pleaded at this time by Defendant without prior leave of court based upon a showing of good cause or written agreement of the parties pursuant to Rule 11 of the Texas Rules of Civil Procedure. February 10, 2023 Written Discovery Completion Date. No written discovery may be propounded that requires an answer after this date. All AGREED SCHEDULING ORDER PAGE 2 Electronically Filed 7/14/2022 1:14 PM Hidalgo County District Clerks Reviewed By: Lorissa Colunga supplemental answers to written discovery requests served on the parties by opposing and other parties, including requests for disclosure, deposition on written questions, written interrogatories, requests for production, and any other written discovery requests and motions must be completed by this date. February 10, 2023 Deposition Completion Date. The parties are required to complete oral depositions, including the depositions of expert witnesses, by this date. No side may examine or cross-examine an individual witness or expert for more than six hours in accordance with Rule 199.5 of the Texas Rules of Civil Procedure. Additional time may be obtained only by court order or Rule 11 agreement of the parties. February 17, 2023 Dispositive Motions. The last day to file a motion for summary judgment, motion for partial summary judgment, or any other dispositive motion shall be this date. February 24, 2023 Mediation Deadline. The parties and their attorneys, along with any third party having full and final settlement authority on the case, shall attend a settlement conference or an alternative dispute resolution process in the nature of a mediation to encourage peaceful resolution of this matter on or before this date. If the parties are unable to agree upon a mediator, the parties will notify the Court, and the Court will appoint a mediator to serve in this case. March 10, 2023 Daubert-Robinson Challenges). The parties shall file any motions to exclude expert testimony based on qualifications, relevancy, and reliability under Rule 702 of the Texas Rules of Evidence and the Daubert- Robinson standards by this date. March 10, 2023 Other Pretrial Motions. All pretrial motions, other than motions Daubert-Robinson must be filed by this date. March 21, 2022 Hearings on Dispositive Motions and Motions to Exclude Testimony. The last day to have heard, whether orally or by submission, a motion for summary judgment, motion for partial summary judgment, or any other dispositive motion shall be this date. AGREED SCHEDULING ORDER PAGE 3 Electronically Filed 7/14/2022 1:14 PM Hidalgo County District Clerks Reviewed By: Lorissa Colunga PRETRIAL MATTERS March 21, 2023 Pretrial Hearing. A pretrial hearing shall be held at 8:00 am on this date at which time any pending motions, dispositive motions, and pleas shall be heard, including motions in limine, special exceptions, videotaped deposition objections, Daubert-Robinson motions, or other pretrial matters. Prior to this hearing, all attorneys must confer on all pending motions. TRIAL SETTING March 27, 2023 Trial Setting. This cause is set for jury trial beginning at 8:00 AM on this date. Reset or continuance of the Trial Setting will not alter any deadline established in this Order or established by the Texas Rules of Civil Procedure, unless specifically provided by Rule 11 Agreement of the parties or Court order after motion showing good cause. Signed this ___18thday of ________________, July 2022. _______________________ JUDGE PRESIDING AGREED SCHEDULING ORDER PAGE 4 Electronically Filed 7/14/2022 1:14 PM Hidalgo County District Clerks Reviewed By: Lorissa Colunga AGREED TO AS TO FORM AND CONTENT: By: /s/ Michael C. Farmer, Jr. By: ____________________ David D. Rapp Rolando Cantu State Bar No. 24078363 State Bar No. 00789201 david@edklaw.com rcantu@cantulawfirm.com Michael C. Farmer, Jr. LAW OFFICE OF ROLANDO CANTU State Bar No. 24121963 1111 W. Nolana Avenue michael@ekdlaw.com McAllen, Texas 78504 Eggleston King Davis, LLP Phone: (956) 687-5777 102 Houston Avenue, Suite 300 Fax: (956) 435-7238 Weatherford, Texas 76086 Attorney for Defendants Phone: 817.596.4200 M.A.R. Designs & Construction, Inc. Fax: 817.596.4269 and Mario Rodriguez Attorneys for Plaintiff By: /s/ David J. Hargis (with permission) By: /s/ Robert L. Guerra (with permission) David J. Hargis Robert L. Guerra State Bar No. 24078631 State Bar No. 08578560 david.hargis@lewisbrisbois.com rguerra@thorntonfirm.com LEWIS BRISBOIS BISGAARD & SMITH LLP THORNTON, BIECHLIN, REYNOLDS & 24 Greenway Plaza, Suite 1400 GUERRA, L.C. Houston, Texas 77046 418 East Dove Avenue Phone: (713) 659-6767 McAllen, Texas 78504 Fax: (713) 759-6830 Phone: (956) 630-3080 Attorney for Defendants Sierra Title of Fax: (956) 630-0189 Hidalgo County, Inc. and Mayela Cantu Attorney for Defendant John R. King AGREED SCHEDULING ORDER PAGE 5 Electronically Filed 7/14/2022 1:14 PM Hidalgo County District Clerks Reviewed By: Lorissa Colunga AGREED TO AS TO FORM AND CONTENT: By: /s/ Ronald G. Hole (with permission) By: /s/ Jay Pena (with permission) Ronald G. Hole Jay Pena State Bar No. 09834200 State Bar No. 24093853 mail@holealvarez.com j.pena@popepena.com HOLE & ALVAREZ, L.L.P. POPE & PENA PC P.O. Box 720547 200 N. Britton Avenue McAllen, Texas 78504 Rio Grande City, Texas 78582 Phone: (956) 631-2891 Phone: (956) 266-7858 Fax: (956) 631-2415 Attorney for Defendant Juan Valdez Attorney for Defendants YBK Investments, LLC, Goldcat, LLC, Kleberg Bank, N.A. and Penny Investments COPY TO: David D. Rapp Rolando Cantu David J. Hargis david@ekdlaw.com rcantu@cantulawfirm.com david.hargis@lewisbrisbois.com Michael C. Farmer, Jr. LAW OFFICE OF ROLANDO CANTU LEWIS BRISBOIS BISGAARD & SMITH michael@ekdlaw.com 1111 W. Nolana Avenue LLP Eggleston King Davis, LLP McAllen, Texas 78504 24 Greenway Plaza, Suite 1400 102 Houston Avenue, Suite 300 Houston, Texas 77046 Weatherford, Texas 76086 Robert L. Guerra Ronald G. Hole Jay Pena rguerra@thorntonfirm.com mail@holealvarez.com j.pena@popepena.com THORNTON, BIECHLIN, REYNOLDS & HOLE & ALVAREZ, L.L.P. POPE & PENA PC GUERRA, L.C. P.O. Box 720547 200 N. Britton Avenue 418 East Dove Avenue McAllen, Texas 78504 Rio Grande City, Texas 78582 McAllen, Texas 78504 AGREED SCHEDULING ORDER PAGE 6 Electronically Filed 7/14/2022 1:14 PM Hidalgo County District Clerks Reviewed By: Lorissa Colunga AGREED T0 AS TO FORM AND CONTENT: By: AZ Michael C. Farmer, David D. Rapp State Bar No. 24078363 Jr. By: w Rolando Ca‘ntfi State Bar j,v No. 00789201 (J david@edklaw.com rcantu@cantulawfirm.com Michael C. Farmer,]r. LAW OFFICE 0F ROLANDO CANTU Mum State Bar No. 24121963 EGGLESTON KING DAVIS 102 Houston Avenue, Suite 300 , LLP 1111 W. Nolana Avenue McAllen, Texas 78504 Phone: Fax: (9S6) 687-5777 (956) 435-7238 Weatherford, Texas 76086 Attomqfor Defindants Phone: 817.596.4200 M.A.R. Designs 6’ Construction, Inc. Fax: 817.596.4269 and Mario Rodriguez Attorneysfor Plaintzfi MW David]. Hargis State Bar No. 24078631 LEWIS BRISBOIS BISGAARD 8c SMITH LLP 24 Greenway Plaza, Suite 1400 Houston, Texas 77046 Phone: (713) 659~6767 Robert L. Guerra State Bar No. 08578560 THORNTON, BIECHLIN, REYNOLDS 86 GUERRA, LC. 418 East Dove Avenue McAllen, Texas 78504 Fax: (713) 7596830 Phone: (956) 630-3080 . Attorney far Defendants Sierra Title 0f Fax: (956) 630-0189 Hidalgo Comm), Inc. and Mayela Cantu Attorneyfor Defendant John R. King AGREED SCHEDULING ORDER PAGE 5 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Sundee Barnes on behalf of David Rapp Bar No. 24027764 sundee@ekdlaw.com Envelope ID: 66323969 Status as of 7/15/2022 11:25 AM CST Associated Case Party: John King Name BarNumber Email TimestampSubmitted Status Robert LGuerra rguerra@thorntonfirm.com 7/14/2022 1:14:12 PM SENT Associated Case Party: Comack Investments, L.P. Name BarNumber Email TimestampSubmitted Status Jack Eggleston jack@ekdlaw.com 7/14/2022 1:14:12 PM SENT Michael Farmer michael@ekdlaw.com 7/14/2022 1:14:12 PM SENT Cherie Walter cherie@ekdlaw.com 7/14/2022 1:14:12 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Jann Pigg jann.pigg@lewisbrisbois.com 7/14/2022 1:14:12 PM SENT DAVID D.RAPP DAVID@EKTEXAS.COM 7/14/2022 1:14:12 PM SENT DAVID RAPP MICHAEL@EKTEXAS.COM 7/14/2022 1:14:12 PM SENT DAVID RAPP JACK@EKTEXAS.COM 7/14/2022 1:14:12 PM SENT ROLANDO CANTU RCANTU@CANTULAWFIRM.COM 7/14/2022 1:14:12 PM SENT Associated Case Party: Sierra Title of Hidalgo County, Inc. Name BarNumber Email TimestampSubmitted Status David Hargis David.Hargis@lewisbrisbois.com 7/14/2022 1:14:12 PM SENT Deborah Husband Deborah.Husband@lewisbrisbois.com 7/14/2022 1:14:12 PM ERROR Randy Lopez randy.lopez@lewisbrisbois.com 7/14/2022 1:14:12 PM SENT Associated Case Party: YBK Investments, LLC Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Sundee Barnes on behalf of David Rapp Bar No. 24027764 sundee@ekdlaw.com Envelope ID: 66323969 Status as of 7/15/2022 11:25 AM CST Associated Case Party: YBK Investments, LLC Name BarNumber Email TimestampSubmitted Status Ronald G. Hole 9834200 Mail@HoleAlvarez.com 7/14/2022 1:14:12 PM SENT