Preview
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