On August 20, 2021 a
Order
was filed
involving a dispute between
Williams, Rosia,
and
Espinoza, Anthony,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
Preview
CAUSE NO. DC—21-11276
ROSIA WILLIAMS, § IN THE DISTRICT COURT
Plaintiff, § r
,
§
OF DALLAS COUNTY, TEXAS
V
V. §
,
§
ANTHONY ESPWOZA, §
Defendant. § 44‘“ JUDICIAL DISTRICT
44'“ DISTRICT COURT UNIFORM SCHEDULING .ORDER (LEVEL 1* OR 2)
In accordance with Rules 166, 190 and 192 o_f the Texas Rules of Civil Procedure, the
Court makes the following order to control discovery and the schedule of this cause:
I
1. This case will be ready and is set for trialat 9:00 am. on October 17 2022 (the
“Initial Trial Setting”). Reset or continuance of the Initial Trial Setting will not alter any
deadlines established in this Order, except those set out in paragraph 7 'of this Order, or
established by the Texas Rules of Civil Procedure, unless otherwise provided order. If not
reached as set, the case may be carried to the next week. i by
2. Unless otherwise ordered, discovery in this case will be controlled by:
( ) Rule 190.2 (Level 1)
(X) 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 di3covery
period. Amended pleadings responsive to tirnely 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
UNIFORM SCHEDULNG ORDER (LEVEL 1 0R 2) — Page 1of 3
does not otherwise alter the requirements 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.
'
~
The'mediator has been selected by agreement of the parties: Karen Gammon
214-965-0300 is hereby appointed mediator. Any mediator substitution requested more than 90 days
after the date of this order may only be made by motion for submission to the Court for good cause and
under extraordinary circumstances.
7. Fourteen (14) days before the Initial Trial Setting, the parties shall exchange a listof
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 tothis designation. On or before
ten (10) days before the Initial Trial Setting,the attorneys in charge for allparties shall meet in person to
confer on stipulations regarding the materials to be submitted to the Court under this paragraph and
attempt tomaximize agreement on such matters. By 4 pm on the Thursday before the InitialTrial Setting,
the parties shall file with the Court the materials stated in Rule 166(e)—(l),an estimate of the length of
trial,designation of deposition testimony to be offered indirect examination, and any motions inlimine.
Failure to file such materials may result in dismissal for want of prosecution or other appropriate sanction.
Plaintiff/Plaintiffs counsel shall serve a copy of this Order on any currently named defendant(s)
''
answering after this date.
SIGNED ON: @9581 >
l E PRESI
cc: Counsel of Record/Pro Se Parties/Mediator
UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2) — Page 2 of 3
AGREED AND APPROVED:
1'
fikx'és;
G iffin a’é'heuhack
State Bar No. 24097168
Ben Abbott & Associates, PLLC
. 1934 Pendleton Drive
Garland, TX 75041
(972) 263-5555
(817) 263-5555
(972) 682-7586 Facsimile
eService@benabbott.com
ATTORNEY(S) FOR PLAINTIFF
,WW’JWM m
.
.
,.
Mark A. Teague 1,
State Bar No. 24003039
The LeCrone Law Firm, PC
123 North Crockett St, Suite 200
Sherman, TX 75090
Phone: (903) 813—1900
Fax: (903) 813-1944
ATTORNEY(S) FOR DEFENDANT
CERTIFICATE OF SERVICE
This is to certify that the foregoing Agreed Scheduling Order has been forwarded to all
counsel of record and/or pro se parties in accordance with Rules 21 and 21a of the Texas Rules
of Civil Procedure on this day of October, 20;.
It. ;- 5,
‘u
.
3-:-
rain?
Griffin Scheumack
UNIFORM SCHEDULING‘ORDER (LEVEL 1 OR 2)‘— Page 3 of 3
Document Filed Date
October 27, 2021
Case Filing Date
August 20, 2021
Category
MOTOR VEHICLE ACCIDENT
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CAUSE NO. DC—21-11276 ROSIA WILLIAMS, § IN THE DISTRICT COURT Plaintiff, § r , § OF DALLAS COUNTY, TEXAS V V. § , § ANTHONY ESPWOZA, § Defendant. § 44‘“ JUDICIAL DISTRICT 44'“ DISTRICT COURT UNIFORM SCHEDULING .ORDER (LEVEL 1* OR 2) In accordance with Rules 166, 190 and 192 o_f the Texas Rules of Civil Procedure, the Court makes the following order to control discovery and the schedule of this cause: I 1. This case will be ready and is set for trialat 9:00 am. on October 17 2022 (the “Initial Trial Setting”). Reset or continuance of the Initial Trial Setting will not alter any deadlines established in this Order, except those set out in paragraph 7 'of this Order, or established by the Texas Rules of Civil Procedure, unless otherwise provided order. If not reached as set, the case may be carried to the next week. i by 2. Unless otherwise ordered, discovery in this case will be controlled by: ( ) Rule 190.2 (Level 1) (X) 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 di3covery period. Amended pleadings responsive to tirnely 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 UNIFORM SCHEDULNG ORDER (LEVEL 1 0R 2) — Page 1of 3 does not otherwise alter the requirements 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. ' ~ The'mediator has been selected by agreement of the parties: Karen Gammon 214-965-0300 is hereby appointed mediator. Any mediator substitution requested more than 90 days after the date of this order may only be made by motion for submission to the Court for good cause and under extraordinary circumstances. 7. Fourteen (14) days before the Initial Trial Setting, the parties shall exchange a listof 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 tothis designation. On or before ten (10) days before the Initial Trial Setting,the attorneys in charge for allparties shall meet in person to confer on stipulations regarding the materials to be submitted to the Court under this paragraph and attempt tomaximize agreement on such matters. By 4 pm on the Thursday before the InitialTrial Setting, the parties shall file with the Court the materials stated in Rule 166(e)—(l),an estimate of the length of trial,designation of deposition testimony to be offered indirect examination, and any motions inlimine. Failure to file such materials may result in dismissal for want of prosecution or other appropriate sanction. Plaintiff/Plaintiffs counsel shall serve a copy of this Order on any currently named defendant(s) '' answering after this date. SIGNED ON: @9581 > l E PRESI cc: Counsel of Record/Pro Se Parties/Mediator UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2) — Page 2 of 3 AGREED AND APPROVED: 1' fikx'és; G iffin a’é'heuhack State Bar No. 24097168 Ben Abbott & Associates, PLLC . 1934 Pendleton Drive Garland, TX 75041 (972) 263-5555 (817) 263-5555 (972) 682-7586 Facsimile eService@benabbott.com ATTORNEY(S) FOR PLAINTIFF ,WW’JWM m . . ,. Mark A. Teague 1, State Bar No. 24003039 The LeCrone Law Firm, PC 123 North Crockett St, Suite 200 Sherman, TX 75090 Phone: (903) 813—1900 Fax: (903) 813-1944 ATTORNEY(S) FOR DEFENDANT CERTIFICATE OF SERVICE This is to certify that the foregoing Agreed Scheduling Order has been forwarded to all counsel of record and/or pro se parties in accordance with Rules 21 and 21a of the Texas Rules of Civil Procedure on this day of October, 20;. It. ;- 5, ‘u . 3-:- rain? Griffin Scheumack UNIFORM SCHEDULING‘ORDER (LEVEL 1 OR 2)‘— Page 3 of 3