On April 24, 2018 a
Agreed Scheduling Order - Trial Setting 09.16.19 - NON-SIGNED PROPOSED ORDER/JUDGMENT
was filed
involving a dispute between
Lovern, Earmon,
Lovern, Lacey,
Lovern, Peggy,
Lovern, Stormy,
and
Eagleridge Operating, Llc,
Usg Properties Barnett Ii, Llc,
for OTHER PERSONAL INJURY
in the District Court of Dallas County.
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CAUSE NO. DC-18-05402
EARMON LOVERN IN THE DISTRICT COURT
Plaintiff,
VS. DALLAS COUNTY, TEXAS
Omcmomomcmomomcmomom
EAGLERIDGE OPERATING, LLC,
USG PROPERTIES BARNETT H, LLC
Defendants. 192m JUDICIAL DISTRICT
AGREED PRE-TRIAL SCHEDULING ORDER — LEVEL 3
BY ORDER OF THIS COURT this matter is hereby set for Jury Trial September
16, 2019.
IT IS FURTHER ORDERED that the following pre-trial deadlines shall be adhered
to in this case:
DESIGNATION OF RESPONSIBLE THIRD PARTIES:
A. 04/08/2019
A11 motions to designate a responsible third party shall be filed by this date.
JOIN ADDITIONAL PARTIES:
B. 04/22/2019
Any additional parties shall be joined by this date.
MEDIATION:
C. 04/26/2019
The Parties must have attended mediation 0n this case 0n or before this date. A11 Parties,
counsel 0f record, and an adjuster/representative with full settlement authority is required to
Agreed Pre-Trial Scheduling Order — Level 3 Page I 0f6
appear in person at the mediation. The Parties agree to mediate this case with Mark Gilbert.
AMENDMENTS TO PLEADINGS:
D. 05/06/2019
On or before this date, allpleadings and answers must be amended and filed with the Court
and served 0n the other attorneys 0f record.
E. 05/13/2019
Each party shall have until this date to file with the Court and serve 0n the other attorneys of
record, any responsive 0r supplemental pleading to points raised for the first time in the
amended pleadings 0r answers.
Each party may seek leave of court after this date t0 amend their pleadings upon a showing 0f
good cause.
EXPERT DESIGNATIONS:
F. 05/31/2019
Plaintiff’s Expert Designation is due by this date in compliance with T.R.C.P. 194.2(f).
Additionally, an Expert Report for any retained testifying expert, not including any treating
medical providers, shall be provided 0n this date as well.
G. 07/01/2019
A11 Defendants’ Expert Designations are due by this date in compliance With T.R.C.P.
194.2(f). Additionally, an Expert Report for any retained testifying expert shall be provided
0n this date as well.
DISCOVERY CUT OFF:
H. 07/19/2019
The cut off for all discovery is by this date. A11 written discovery must be due before the
cutoff date and depositions, including expert depositions, shall be completed and discovery
supplemented by this date.
Oral depositions shall be limited in accordance With TRCP 190.3(b)(2), except that each side
may have no more than 75 hours in oral depositions. This shall not include expert witness
Agreed Pre-Trial Scheduling Order — Level 3 Page 2 0f6
depositions which the opposing side shall be limited t0 no more than six (6) hours per witness
when the opposing side isaligned.
Interrogatories shall be limited in accordance with TRCP 190.3(b)(3).
There are n0 limits 0n request for admissions 0r production 0f documents.
MOTIONS TO STRIKE EXPERTS
AND SUMMARY JUDGMENT:
I. 08/09/2019
A11 Daubert/Robinson motions and/or Motions for Summary Judgment shall be filed on 0r
before this date. Failure t0 timely file any Daubert/Robinson motion shall constitute waiver of
any admissibility obj ection regarding the expert Witness.
WITNESS BY DEPOSITION:
J. 08/30/2019
Any witness or testimony that a party desires to present at trialby videotaped deposition shall
be designated by page and line, exchanged With all opposing parties and filed with the Court
by this date. There is n0 requirement t0 designate depositions for purposes of cross-
examination of live witnesses.
K. 09/06/2019
Any Witness or testimony that a party desires t0 present by videotaped deposition, in response
t0 designations in paragraph (J) above, together With any objections to the designations made
pursuant to paragraph (J) above, shall be exchanged with all opposing parties and filed with
the Court by this date.
PRE-TRIAL DOCUMENTS:
L. 09/09/2019
A11 parties are to serve 0n each other /exchange and file With the Court the following
information by no later than this date:
o Exhibit Lists (and make exhibits available for inspection);
0 Witness Lists;
Agreed Pre-Trial Scheduling Order — Level 3 Page 3 0f6
o Motions in Limine;
o Proposed Jury Charge, Jury Questions, Instructions, and Definitions;
0 Any other pretrial motions not already discussed herein
The parties shall meet and confer before this deadline t0 discuss potential agreements and
stipulations.
OBJECTIONS TO PRE-TRIAL DOCUMENTS:
M. 09/11/2019
A11 parties are to serve on each other/exchange and file With the Court any objections to the
opposing party’s exhibits, Witnesses, (other than objections to expert witnesses as set forth in
paragraph (J) above), Motions in Limine and proposed Charge by this date.
PRETRIAL CONFERENCE HEARING:
N. 09/13/2019
A Pre-Trial Conference Hearing With the Court is set for am/pm 0n this date.
TRIAL SETTING:
O. 09/16/2019
This cause is set for Jury Trial 0n September 16, 2019.
OTHER MATTERS:
The parties hereto may by Rule 11 agreement extend or shorten any deadlines herein except
for the trial setting .
Agreed Pre-Trial Scheduling Order — Level 3 Page 4 0f6
Unless otherwise covered by this Order, all other matters shall be governed according
to the Texas Rules of Civil Procedure and the local rules of this Court.
SIGNED this day of ,
2018.
HONORABLE JUDGE PRESIDING
AGREED:
STEPHENS, ANDERSON & CUMMINGS, L.L.P.
4200 West Vickery Blvd.
Fort Worth, Texas 76 1 07
Telephone: 8 1 7.920.9000
Facsimile: 8 1 7.920.90 1 6
/S/ JA SON B. STEPHENS
JASON B. STEPHENS
State Bar No. 24003001
Email: Jason@stephensanderson.com
ATTORNEY FOR PLAINTIFF
Agreed Pre-Trial Scheduling Order — Level 3 Page 5 0f6
AGREED:
FLETCHER, FARLEY, SHIPMAN & SALINAS, L.L.P.
9201 N. Central Expressway, Suite 600
Dallas, TX 75231
Telephone: 214.987.9600
Facsimile: 214.987.9866
/S/ KEITHA. R033
DOUGLAS D. FLETCHER
State Bar N0. 07139500
Email: doug.fletcher@fletcherfarlev.com
KEITH A. ROBB
State Bar No. 24004889
Email: keith.robb@fletcherfarlev.com
ATTORNEYS FOR DEFENDANT
USG PROPERTIES BARNETT II, LLC
AGREED:
THE MILLER LAW FIRM
1950 Turtle Creek Center
381 1 Turtle Creek Boulevard
Dallas, TX 752 1 9
Telephone: 469.9 1 6.2552
Facsimile: 469.916.2555
/S/J. J. KNAUFF
J.J.KNAUFF
State Bar No. 240325 17
Email: jknauff@tmlmc.com
ATTORNEYS FOR DEFENDANT
EAGLERIDGE OPERATING, LLC
Agreed Pre- Trial Scheduling Order — Level 3 Page 6 0f6
Document Filed Date
December 28, 2018
Case Filing Date
April 24, 2018
Category
OTHER PERSONAL INJURY
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CAUSE NO. DC-18-05402 EARMON LOVERN IN THE DISTRICT COURT Plaintiff, VS. DALLAS COUNTY, TEXAS Omcmomomcmomomcmomom EAGLERIDGE OPERATING, LLC, USG PROPERTIES BARNETT H, LLC Defendants. 192m JUDICIAL DISTRICT AGREED PRE-TRIAL SCHEDULING ORDER — LEVEL 3 BY ORDER OF THIS COURT this matter is hereby set for Jury Trial September 16, 2019. IT IS FURTHER ORDERED that the following pre-trial deadlines shall be adhered to in this case: DESIGNATION OF RESPONSIBLE THIRD PARTIES: A. 04/08/2019 A11 motions to designate a responsible third party shall be filed by this date. JOIN ADDITIONAL PARTIES: B. 04/22/2019 Any additional parties shall be joined by this date. MEDIATION: C. 04/26/2019 The Parties must have attended mediation 0n this case 0n or before this date. A11 Parties, counsel 0f record, and an adjuster/representative with full settlement authority is required to Agreed Pre-Trial Scheduling Order — Level 3 Page I 0f6 appear in person at the mediation. The Parties agree to mediate this case with Mark Gilbert. AMENDMENTS TO PLEADINGS: D. 05/06/2019 On or before this date, allpleadings and answers must be amended and filed with the Court and served 0n the other attorneys 0f record. E. 05/13/2019 Each party shall have until this date to file with the Court and serve 0n the other attorneys of record, any responsive 0r supplemental pleading to points raised for the first time in the amended pleadings 0r answers. Each party may seek leave of court after this date t0 amend their pleadings upon a showing 0f good cause. EXPERT DESIGNATIONS: F. 05/31/2019 Plaintiff’s Expert Designation is due by this date in compliance with T.R.C.P. 194.2(f). Additionally, an Expert Report for any retained testifying expert, not including any treating medical providers, shall be provided 0n this date as well. G. 07/01/2019 A11 Defendants’ Expert Designations are due by this date in compliance With T.R.C.P. 194.2(f). Additionally, an Expert Report for any retained testifying expert shall be provided 0n this date as well. DISCOVERY CUT OFF: H. 07/19/2019 The cut off for all discovery is by this date. A11 written discovery must be due before the cutoff date and depositions, including expert depositions, shall be completed and discovery supplemented by this date. Oral depositions shall be limited in accordance With TRCP 190.3(b)(2), except that each side may have no more than 75 hours in oral depositions. This shall not include expert witness Agreed Pre-Trial Scheduling Order — Level 3 Page 2 0f6 depositions which the opposing side shall be limited t0 no more than six (6) hours per witness when the opposing side isaligned. Interrogatories shall be limited in accordance with TRCP 190.3(b)(3). There are n0 limits 0n request for admissions 0r production 0f documents. MOTIONS TO STRIKE EXPERTS AND SUMMARY JUDGMENT: I. 08/09/2019 A11 Daubert/Robinson motions and/or Motions for Summary Judgment shall be filed on 0r before this date. Failure t0 timely file any Daubert/Robinson motion shall constitute waiver of any admissibility obj ection regarding the expert Witness. WITNESS BY DEPOSITION: J. 08/30/2019 Any witness or testimony that a party desires to present at trialby videotaped deposition shall be designated by page and line, exchanged With all opposing parties and filed with the Court by this date. There is n0 requirement t0 designate depositions for purposes of cross- examination of live witnesses. K. 09/06/2019 Any Witness or testimony that a party desires t0 present by videotaped deposition, in response t0 designations in paragraph (J) above, together With any objections to the designations made pursuant to paragraph (J) above, shall be exchanged with all opposing parties and filed with the Court by this date. PRE-TRIAL DOCUMENTS: L. 09/09/2019 A11 parties are to serve 0n each other /exchange and file With the Court the following information by no later than this date: o Exhibit Lists (and make exhibits available for inspection); 0 Witness Lists; Agreed Pre-Trial Scheduling Order — Level 3 Page 3 0f6 o Motions in Limine; o Proposed Jury Charge, Jury Questions, Instructions, and Definitions; 0 Any other pretrial motions not already discussed herein The parties shall meet and confer before this deadline t0 discuss potential agreements and stipulations. OBJECTIONS TO PRE-TRIAL DOCUMENTS: M. 09/11/2019 A11 parties are to serve on each other/exchange and file With the Court any objections to the opposing party’s exhibits, Witnesses, (other than objections to expert witnesses as set forth in paragraph (J) above), Motions in Limine and proposed Charge by this date. PRETRIAL CONFERENCE HEARING: N. 09/13/2019 A Pre-Trial Conference Hearing With the Court is set for am/pm 0n this date. TRIAL SETTING: O. 09/16/2019 This cause is set for Jury Trial 0n September 16, 2019. OTHER MATTERS: The parties hereto may by Rule 11 agreement extend or shorten any deadlines herein except for the trial setting . Agreed Pre-Trial Scheduling Order — Level 3 Page 4 0f6 Unless otherwise covered by this Order, all other matters shall be governed according to the Texas Rules of Civil Procedure and the local rules of this Court. SIGNED this day of , 2018. HONORABLE JUDGE PRESIDING AGREED: STEPHENS, ANDERSON & CUMMINGS, L.L.P. 4200 West Vickery Blvd. Fort Worth, Texas 76 1 07 Telephone: 8 1 7.920.9000 Facsimile: 8 1 7.920.90 1 6 /S/ JA SON B. STEPHENS JASON B. STEPHENS State Bar No. 24003001 Email: Jason@stephensanderson.com ATTORNEY FOR PLAINTIFF Agreed Pre-Trial Scheduling Order — Level 3 Page 5 0f6 AGREED: FLETCHER, FARLEY, SHIPMAN & SALINAS, L.L.P. 9201 N. Central Expressway, Suite 600 Dallas, TX 75231 Telephone: 214.987.9600 Facsimile: 214.987.9866 /S/ KEITHA. R033 DOUGLAS D. FLETCHER State Bar N0. 07139500 Email: doug.fletcher@fletcherfarlev.com KEITH A. ROBB State Bar No. 24004889 Email: keith.robb@fletcherfarlev.com ATTORNEYS FOR DEFENDANT USG PROPERTIES BARNETT II, LLC AGREED: THE MILLER LAW FIRM 1950 Turtle Creek Center 381 1 Turtle Creek Boulevard Dallas, TX 752 1 9 Telephone: 469.9 1 6.2552 Facsimile: 469.916.2555 /S/J. J. KNAUFF J.J.KNAUFF State Bar No. 240325 17 Email: jknauff@tmlmc.com ATTORNEYS FOR DEFENDANT EAGLERIDGE OPERATING, LLC Agreed Pre- Trial Scheduling Order — Level 3 Page 6 0f6