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CAUSE NO. DC-18-05064
MARGO MIXON, IN THE DISTRICT COURT
Plaintiff,
VS.
AUSTIN BRIDGE & ROAD, LP d/b/a DALLAS COUNTY, TEXAS
AUSTIN BRIDGE & ROAD SERVICES,
LP; STATE FARM MUTUAL mmwmwfiwwmmmwwmwmfl
AUTOMOBILE INSURANCE COMPANY;
DAVID JACKSON WILBURN II, as
Representative of the Estate 0f ANASTACIO
ROSAS; and TRP CONSTRUCTION
GROUP, LLC,
Defendants. 44th JUDICIAL DISTRICT
SECOND AMENDED AGREED LEVEL 3 SCHEDULING ORDER
In accordance with Rules 166, 190 and 192 of the Texas Rules of Civil Procedure, the
Court makes the following order t0 control the schedule 0f this cause.
This case will be ready and is set forjury trial0n April 6, 2020, at 9:00 a.m.
October 4, 2019 Any amended pleadings asserting new causes 0f action or affirmative
defenses must be filed by this dated-responsive pleadings two weeks later.
November 11, 2019 Fact discovery shall be completed, including the response date for any
written discovery by this date.
November 11, 2019 Plaintiff shall designate experts pursuant t0 Tex.R.Civ.P. 194.2(1) with
written reports pursuant t0 Tex.R.Civ.P. 195.5 and curricula vitae. The
requirement for reports and curricula Vitae does not apply t0 Plaintiff’s
treating health care providers.
November 18, 201 9 Any motion to compel responses t0 discovery (other than relating to factual
matters arising afier the end of fact discovery) must be filed n0 later than
seven (7) days afier the close 0f fact discovery or such complaint is waived,
except for the sanction 0f exclusion under Rule 193.6.
SECOND AMENDED AGREED LEVEL III SCH EDULING ORDER Page l
December 11, 2019 Defendant shall designate experts pursuant t0 Tex.R.Civ.P. 194.20) with
written reports pursuant to Tex.R.Civ.P. 195.5 and curricula Vitae. The
requirement for reports and curricula vitae does not apply to Plaintiff‘s
treating health care providers.
December 27, 2019 Plaintiff shall desiglate rebuttal experts with written repons and curricula
vitae.
March 6, 2020 Expert discovery must be compieted by this date.
March 6, 2020 Deadline for filing other amended pleadings.
March 13, 2020 Dispositive motions shall be filed, including any Daubert/Robinson or other
March 20, 2020
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more than ninety (90) days after the date of this Order may be made by
motion for submission t0 the Court for good cause and under extraordinary
circumstances.
MaIch 20, 2020 The parties shall exchange designations 0f deposition testimony to be
offered in direct examination and a list of 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 t0 be offered by way
of business record affidavits, each exhibit must be identified separately and
not by category or group designation.
March 27, 2020 The parties shall exchange in writing their objections t0 the opposing party's
proposed exhibits, including objections under Rule 193.7, and deposition
testimony.
March 27, 2020 The attorneys in charge for all parties shall meet in person to confer 0n
stipulations regarding the materials t0 be submitted t0 the Court under this
paragraph and attempt t0 maximize agreement on such matters.
April 2, 2020 By 4 pm. on the Thursday before the Initial Trial Setting, the parties shali
file with the Court the materials stated in Rule 166( d)-(m), an estimate of
the length 0ftrial, designation ofdeposition testimony to be offered in direct
examination, and any motions in limine. Failure t0 file such materials may
result in dismissal for want 0f prosecution 0r other appropriate sanction.
SECOND AMENDED AGREED LEVEL III SCHEDULING ORDER Page 2
The parties may by written agreement alter these deadlines. Amended pleadings responsive
to timely filed pleadings under this schedule may be filed afier the deadline for amended
pleadings if filed within two (2) weeks after the pleading to Which they respond. Except by
agreement of the party, leave 0f court, 0r where expressly authorized by the Texas Rules
0f Civil Procedure, no party may obtain discovery of information subject to disclosure
under Rule 194 by any other form ofdiscovery.
Each side may have 75 hours 0f depositions and each party may have 50 interrogatories,
subject t0 the conditions ofrule 190.3(1)) (2) and (3).
The deadline t0 join additional parties has passed.
Signed this 6% day of bl.“ / /"/
.
0/
JUDGEPREéIbINd’ V
AGREED:
/S/ Jody L. Rodenberg
Andrew B. Sommerman
Jody Rodenberg
Attorneys for Plaintiff Margo Mixon
/s/ William Tales
Thomas W. Fee
William M. Toles
Attorneys for Defendant Austin Bridge and Road
David Jackson Wilbum II
Attorney for Defendants David Jackson Wilbum II, as
Representative 0f the Estate 0f Anastacio
Rosas
/s/Wesley W. Chambers (w/permission)
Wesley W. Chambers
Attorneys for Defendant TRP Construction Group, LLC
SECOND AMENDED AGREED LEVEL III SCHEDULING ORDER Page 3
examination, and any motions in limine. Failure t0 file such materials may
result in dismissal for want ofprosecution 0r other appropriate sanction.
The parties may by written agreement alter these deadlines. Amended pleadings responsive
t0 timely filed pleadings under this schedule may be filed after the deadline for amended
pleadings iffiled within two (2) weeks after the pleading to which they reSpond. Except by
agreement of the party, leave 0f court, 0r where expressly authorized by the Texas Rules
0f Civil Procedure, no party may obtain discovery of information subject to disclosure
under Rule 194 by any other form ofdiscovcry.
Each side may have 75 hours ofdepositions and each party may have 50 interrogatories,
subject to the conditions ofrule 190.3(b) (2) and (3).
The deadline tojoin additional parties has passed.
Signed this day of ,2019.
JUDGE PRESIDING
AGREED:
/s/ Jodv L. Rodenbere
Andrew B. Sommerman
Jody Rodenberg
Attorneys for Plaintiff Margo Mixon
/s/
Thomas W. Fee
William M. Toles
Attorneys for Defendant Austin Bridge and Road
Ora/L/ffl’
David Jackson Wilbum ll
Attorney for Defendants David Jackson Wilbum II,as
Representative 0f the Estate of Anastacio
Rosas
FIRST AMENDED AGREED LEVEL III SCHEDULING ORDER Page 3
Isl J.Kermit Hill {w/permission)
J.Kermit Hill
Attorneys for Intervenor Robert J. Crider, Individually,
And as Representative of the Estate 0f Robert Jackson
Crider, II, and Robert Jackson Crider, III
SECOND AMENDED AGREED LEVEL IIISCHEDULING ORDER Page 4
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CAUSE NO. DC-18-05064 MARGO MIXON, IN THE DISTRICT COURT Plaintiff, VS. AUSTIN BRIDGE & ROAD, LP d/b/a DALLAS COUNTY, TEXAS AUSTIN BRIDGE & ROAD SERVICES, LP; STATE FARM MUTUAL mmwmwfiwwmmmwwmwmfl AUTOMOBILE INSURANCE COMPANY; DAVID JACKSON WILBURN II, as Representative of the Estate 0f ANASTACIO ROSAS; and TRP CONSTRUCTION GROUP, LLC, Defendants. 44th JUDICIAL DISTRICT SECOND AMENDED AGREED LEVEL 3 SCHEDULING ORDER In accordance with Rules 166, 190 and 192 of the Texas Rules of Civil Procedure, the Court makes the following order t0 control the schedule 0f this cause. This case will be ready and is set forjury trial0n April 6, 2020, at 9:00 a.m. October 4, 2019 Any amended pleadings asserting new causes 0f action or affirmative defenses must be filed by this dated-responsive pleadings two weeks later. November 11, 2019 Fact discovery shall be completed, including the response date for any written discovery by this date. November 11, 2019 Plaintiff shall designate experts pursuant t0 Tex.R.Civ.P. 194.2(1) with written reports pursuant t0 Tex.R.Civ.P. 195.5 and curricula vitae. The requirement for reports and curricula Vitae does not apply t0 Plaintiff’s treating health care providers. November 18, 201 9 Any motion to compel responses t0 discovery (other than relating to factual matters arising afier the end of fact discovery) must be filed n0 later than seven (7) days afier the close 0f fact discovery or such complaint is waived, except for the sanction 0f exclusion under Rule 193.6. SECOND AMENDED AGREED LEVEL III SCH EDULING ORDER Page l December 11, 2019 Defendant shall designate experts pursuant t0 Tex.R.Civ.P. 194.20) with written reports pursuant to Tex.R.Civ.P. 195.5 and curricula Vitae. The requirement for reports and curricula vitae does not apply to Plaintiff‘s treating health care providers. December 27, 2019 Plaintiff shall desiglate rebuttal experts with written repons and curricula vitae. March 6, 2020 Expert discovery must be compieted by this date. March 6, 2020 Deadline for filing other amended pleadings. March 13, 2020 Dispositive motions shall be filed, including any Daubert/Robinson or other March 20, 2020 rum Mediation ha substituted W challenges to expert witness testimony or qualifications, motions t0 exclude evidence or summary judgments, by shall as have mediator M [44w occurred in this by case. this date or are Hum this Any 50 d—U-p date. mediator waived. Hon. W; Glen Dle substitution m0pudem Ashwonh requested is Wm more than ninety (90) days after the date of this Order may be made by motion for submission t0 the Court for good cause and under extraordinary circumstances. MaIch 20, 2020 The parties shall exchange designations 0f deposition testimony to be offered in direct examination and a list of 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 t0 be offered by way of business record affidavits, each exhibit must be identified separately and not by category or group designation. March 27, 2020 The parties shall exchange in writing their objections t0 the opposing party's proposed exhibits, including objections under Rule 193.7, and deposition testimony. March 27, 2020 The attorneys in charge for all parties shall meet in person to confer 0n stipulations regarding the materials t0 be submitted t0 the Court under this paragraph and attempt t0 maximize agreement on such matters. April 2, 2020 By 4 pm. on the Thursday before the Initial Trial Setting, the parties shali file with the Court the materials stated in Rule 166( d)-(m), an estimate of the length 0ftrial, designation ofdeposition testimony to be offered in direct examination, and any motions in limine. Failure t0 file such materials may result in dismissal for want 0f prosecution 0r other appropriate sanction. SECOND AMENDED AGREED LEVEL III SCHEDULING ORDER Page 2 The parties may by written agreement alter these deadlines. Amended pleadings responsive to timely filed pleadings under this schedule may be filed afier the deadline for amended pleadings if filed within two (2) weeks after the pleading to Which they respond. Except by agreement of the party, leave 0f court, 0r where expressly authorized by the Texas Rules 0f Civil Procedure, no party may obtain discovery of information subject to disclosure under Rule 194 by any other form ofdiscovery. Each side may have 75 hours 0f depositions and each party may have 50 interrogatories, subject t0 the conditions ofrule 190.3(1)) (2) and (3). The deadline t0 join additional parties has passed. Signed this 6% day of bl.“ / /"/ . 0/ JUDGEPREéIbINd’ V AGREED: /S/ Jody L. Rodenberg Andrew B. Sommerman Jody Rodenberg Attorneys for Plaintiff Margo Mixon /s/ William Tales Thomas W. Fee William M. Toles Attorneys for Defendant Austin Bridge and Road David Jackson Wilbum II Attorney for Defendants David Jackson Wilbum II, as Representative 0f the Estate 0f Anastacio Rosas /s/Wesley W. Chambers (w/permission) Wesley W. Chambers Attorneys for Defendant TRP Construction Group, LLC SECOND AMENDED AGREED LEVEL III SCHEDULING ORDER Page 3 examination, and any motions in limine. Failure t0 file such materials may result in dismissal for want ofprosecution 0r other appropriate sanction. The parties may by written agreement alter these deadlines. Amended pleadings responsive t0 timely filed pleadings under this schedule may be filed after the deadline for amended pleadings iffiled within two (2) weeks after the pleading to which they reSpond. Except by agreement of the party, leave 0f court, 0r where expressly authorized by the Texas Rules 0f Civil Procedure, no party may obtain discovery of information subject to disclosure under Rule 194 by any other form ofdiscovcry. Each side may have 75 hours ofdepositions and each party may have 50 interrogatories, subject to the conditions ofrule 190.3(b) (2) and (3). The deadline tojoin additional parties has passed. Signed this day of ,2019. JUDGE PRESIDING AGREED: /s/ Jodv L. Rodenbere Andrew B. Sommerman Jody Rodenberg Attorneys for Plaintiff Margo Mixon /s/ Thomas W. Fee William M. Toles Attorneys for Defendant Austin Bridge and Road Ora/L/ffl’ David Jackson Wilbum ll Attorney for Defendants David Jackson Wilbum II,as Representative 0f the Estate of Anastacio Rosas FIRST AMENDED AGREED LEVEL III SCHEDULING ORDER Page 3 Isl J.Kermit Hill {w/permission) J.Kermit Hill Attorneys for Intervenor Robert J. Crider, Individually, And as Representative of the Estate 0f Robert Jackson Crider, II, and Robert Jackson Crider, III SECOND AMENDED AGREED LEVEL IIISCHEDULING ORDER Page 4