On July 30, 2019 a
NONSIGNED O/SCHEDULE - NON-SIGNED PROPOSED ORDER/JUDGMENT
was filed
involving a dispute between
Boyd, Shyonda T.,
Clewis, Roshonda C.,
and
Aguilar, Aurelio M.,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
Preview
CAUSE NO. DC-19-10716
ROSHONDA C. CLEWIS AND § IN THE DISTRICT COURT
SHYONDA T. BOYD, §
Plaintiffs, §
§ OF DALLAS COUNTY, TEXAS
V. §
§
AURELIO M. AGUILAR, §
44th JUDICIAL DISTRICT
Defendants. §
44th DISTRICT COURT UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2)
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 0f this cause:
1. This case will be ready and is set for trial at 9:00 a.m. on Januarv 25, 2021 (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 0f this Order, or
established by the Texas Rules 0f Civil Procedure, unless otherwise provided by order. If not
reached as set, the case may be carried t0 the next week.
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 0f the party, Leave 0f court, or
Where expressly authorized by the Texas Rules 0f Civil Procedure, n0 party may obtain
discovery 0f information subj ect t0 disclosure under Rule 194 by any other form 0f discovery.
3. Any objection or motion t0 exclude or limit expert testimony due t0 qualification
of the expert or reliability of the opinions must be filed n0 later than seven (7) days after the
close 0f the discovery period, 0r such objection is waived. Any motion t0 compel responses t0
discovery (other than relation t0 factual matters arising after the end 0f 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 0f exclusion under Rule 193.6.
4. Any amended pleadings asserting new causes 0f action or affirmative defenses
must be filed n0 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 discovery
period. Amended pleadings responsive t0 timely filed pleadings under this schedule may be
filed after the deadline for amended pleadings if filed Within two (2) weeks after the pleading t0
Which they respond. Except with leave of court, TRCP 166a(c) motions must be heard no later
than thirty (3 0) days before trial.
UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2) — Page 1 0f 3
5. No additional parties may be joined more than five (5) months after the
commencement 0f this case except 0n motion for leave showing good cause. This paragraph
does not otherwise alter the requirements of Rule 38. The party joining an additional party shall
serve a copy of this order 0n 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. A11 parties shall contact the
mediator t0 arrange the mediation.
D 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 9O 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 list of
exhibits, including any demonstrative aids and affidavits, and shall exchange copies 0f 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 to this designation. On 0r before
ten (10) days before the Initial Trial Setting, the attorneys in charge for all parties shall meet in person t0
confer 0n stipulations regarding the materials to be submitted to the Court under this paragraph and
attempt t0 maximize agreement on such matters. By 4 pm 0n the Thursday before the Initial Trial Setting,
the parties shall file with the Court the materials stated in Rule 166(e)-(1), an estimate of the length of
trial,designation of deposition testimony to be offered in direct examination, and any motions in limine.
Failure to file such materials may result in dismissal for want of prosecution or other appropriate sanction.
Plaintiff/Plaintiffs counsel shall serve a copy 0f this Order 0n any currently named defendant(s)
answering after this date.
SIGNED ON:
JUDGE PRESIDING
cc: Counsel of Record/Pro Se Parties/Mediator
UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2) — Page 2 0f 3
AGREED AND APPROVED:
Griffin
—/’/
State Bar N0.
Ben Abbott
1W
cneumack
24097168
& Associates, PLLC
1934 Pendleton Drive
Garland, TX 75041
(972) 263-5555
(817) 263-5555
(972) 682-7586 Facsimile
eService@benabbott.com
ATTORNEY(S) FOR PLAINTIFFS
W
Michael Hearn
State Bar N0.
5. Wm
09342420
Arnold & Taylor, PLLC
3301 W. Airport Frwy., Ste. 240
Bedford, TX 76021
Phone: (817) 358-2766
Fax: (817) 358-2782
ATTORNEY(S) FOR DEFENDANTS
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 0n this fl day of December,
MW
201_9.
G Scfieumack
UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2) — Page 3 0f 3
Document Filed Date
December 12, 2019
Case Filing Date
July 30, 2019
Category
MOTOR VEHICLE ACCIDENT
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CAUSE NO. DC-19-10716 ROSHONDA C. CLEWIS AND § IN THE DISTRICT COURT SHYONDA T. BOYD, § Plaintiffs, § § OF DALLAS COUNTY, TEXAS V. § § AURELIO M. AGUILAR, § 44th JUDICIAL DISTRICT Defendants. § 44th DISTRICT COURT UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2) 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 0f this cause: 1. This case will be ready and is set for trial at 9:00 a.m. on Januarv 25, 2021 (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 0f this Order, or established by the Texas Rules 0f Civil Procedure, unless otherwise provided by order. If not reached as set, the case may be carried t0 the next week. 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 0f the party, Leave 0f court, or Where expressly authorized by the Texas Rules 0f Civil Procedure, n0 party may obtain discovery 0f information subj ect t0 disclosure under Rule 194 by any other form 0f discovery. 3. Any objection or motion t0 exclude or limit expert testimony due t0 qualification of the expert or reliability of the opinions must be filed n0 later than seven (7) days after the close 0f the discovery period, 0r such objection is waived. Any motion t0 compel responses t0 discovery (other than relation t0 factual matters arising after the end 0f 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 0f exclusion under Rule 193.6. 4. Any amended pleadings asserting new causes 0f action or affirmative defenses must be filed n0 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 discovery period. Amended pleadings responsive t0 timely filed pleadings under this schedule may be filed after the deadline for amended pleadings if filed Within two (2) weeks after the pleading t0 Which they respond. Except with leave of court, TRCP 166a(c) motions must be heard no later than thirty (3 0) days before trial. UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2) — Page 1 0f 3 5. No additional parties may be joined more than five (5) months after the commencement 0f this case except 0n motion for leave showing good cause. This paragraph does not otherwise alter the requirements of Rule 38. The party joining an additional party shall serve a copy of this order 0n 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. A11 parties shall contact the mediator t0 arrange the mediation. D 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 9O 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 list of exhibits, including any demonstrative aids and affidavits, and shall exchange copies 0f 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 to this designation. On 0r before ten (10) days before the Initial Trial Setting, the attorneys in charge for all parties shall meet in person t0 confer 0n stipulations regarding the materials to be submitted to the Court under this paragraph and attempt t0 maximize agreement on such matters. By 4 pm 0n the Thursday before the Initial Trial Setting, the parties shall file with the Court the materials stated in Rule 166(e)-(1), an estimate of the length of trial,designation of deposition testimony to be offered in direct examination, and any motions in limine. Failure to file such materials may result in dismissal for want of prosecution or other appropriate sanction. Plaintiff/Plaintiffs counsel shall serve a copy 0f this Order 0n any currently named defendant(s) answering after this date. SIGNED ON: JUDGE PRESIDING cc: Counsel of Record/Pro Se Parties/Mediator UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2) — Page 2 0f 3 AGREED AND APPROVED: Griffin —/’/ State Bar N0. Ben Abbott 1W cneumack 24097168 & Associates, PLLC 1934 Pendleton Drive Garland, TX 75041 (972) 263-5555 (817) 263-5555 (972) 682-7586 Facsimile eService@benabbott.com ATTORNEY(S) FOR PLAINTIFFS W Michael Hearn State Bar N0. 5. Wm 09342420 Arnold & Taylor, PLLC 3301 W. Airport Frwy., Ste. 240 Bedford, TX 76021 Phone: (817) 358-2766 Fax: (817) 358-2782 ATTORNEY(S) FOR DEFENDANTS 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 0n this fl day of December, MW 201_9. G Scfieumack UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2) — Page 3 0f 3