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CAUSE NO. DC-21-14068
GAMCO PROPERTIES, LLC, IN THE DISTRICT COURT
§§§§§§§§§§§
GAMVEST, LP and LESA GAMBLE,
Plaintiffs,
v. DALLAS COUNTY, TEXAS
WHAM TECH, INC. and WHAM
TECHNOLOGIES, INC.,
Defendants. 134TH IUDICIAL DISTRICT
ORDER GRANTING AGREED MOTION FOR CONTINUAN CE AND
ENTRY OF AMENDED AGREED SCHEDULING ORDER
On this day, came to be considered the Agreed Motion for Continuance and Entry of
Amended Agreed Scheduling Order (the “Motion”) filed by the Parties? Having considered the
Motion, the pleadings, and applicable authorities, the Court finds that the Motion should be
GRANTED.
It is therefore ORDERED that the trial date of May 22, 2023 is continued to March 4, 2024.
It is further ORDERED that an Amended Agreed Scheduling Order shall be entered as
follows:
1. The deadline to file amended pleadings asserting new causes of action or affirmative
defenses and to file motions for leave to designate responsible third parties is
October 27, 2023. Pleadings directly responsive to any timely filed pleadings must
be filed by November 24, 2023.
2. Fact discovery closes on December 29, 2023.
3. The deadline for any Party seeking affirmative relief to designate expert(s) and/or
provide expert reports is November 24, 2023.
4. The deadline for any Party opposing affirmative relief to designate expert(s) and/or
2
As used herein, the “Parties” shall mean and refer to Plaintiffs Gamco Properties, LLC, Gamvest, LP, and Lesa Gamble
and Defendants Wham Tech, Inc. and Wham Technologies, Inc., collectively.
ORDER GRANTING AGREED MOTION FOR CONTINUANCE AND
ENTRY OF AMENDED AGREED SCHEDULING ORDER — Page 1
provide expert reports is December 8, 2023.
5. The deadline for either Party to designate rebuttal expert(s) and/or provide rebuttal
reports is December 22, 2023.
6. Expert discovery closes January 26, 2024.
7. The deadline to have challenges to experts heard is February 2, 2024.
8. The deadline to have dispositive motions heard is February 2, 2024.
9. The deadline for mediation is November 3, 2023.
10. The deadline to exchange exhibit lists is February 19, 2024.
11. The deadline to file statements of contested issues of fact, stipulated facts, Witness
lists, proposed jury charges and instructions, stipulations to admissibility of exhibits,
objections to opposing party’s exhibits, estimates of length of trial, designations of
deposition testimony, and motions in limine is February 23, 2024.
SIGNED this day of , 2023.
3/31/2023 10:29:06 AM
The H norable I dge a e T'_ ry
134th District Court, Dallas County, Texas
ORDER GRANTING AGREED MOTION FOR CONTINUANCE AND
ENTRY OF AMENDED AGREED SCHEDULING ORDER — Page 2
AGREED AS TO SUBSTANCE AND FORM
KESSLER & COLLINS, PC
/s/ Daniel P. Callahan
DANIEL P. CALLAHAN
State Bar No. 03648700
STEPHEN J. HUSCHKA
State Bar No. 24097861
spc@kesslercollins.com
shuschka@kesslercollins.com
500 North Akard Street, Suite 3700
Dallas, Texas 75201
ATTORNEYS FOR PLAINTIFFS
GAMCO PROPERTIES, LLC, GAMVEST, LP,
AND LESA GAMBLE
THE MAJ ORIE FIRM
/s/ Francis B. Majorie
FRANCIS B. MAJORIE
State Bar No. 12851420
1450 Cottonwood Valley Court
Irving, Texas 75038
fbmajorie@themajoriefirm.com
ATTORNEY FOR DEFENDAN TS
WHAM TECH, INC. AND
WHAM TECHNOLOGIES, INC.
ORDER GRANTING AGREED MOTION FOR CONTINUANCE AND
ENTRY OF AMENDED AGREED SCHEDULING ORDER — Page 3
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CAUSE NO. DC-21-14068 GAMCO PROPERTIES, LLC, IN THE DISTRICT COURT §§§§§§§§§§§ GAMVEST, LP and LESA GAMBLE, Plaintiffs, v. DALLAS COUNTY, TEXAS WHAM TECH, INC. and WHAM TECHNOLOGIES, INC., Defendants. 134TH IUDICIAL DISTRICT ORDER GRANTING AGREED MOTION FOR CONTINUAN CE AND ENTRY OF AMENDED AGREED SCHEDULING ORDER On this day, came to be considered the Agreed Motion for Continuance and Entry of Amended Agreed Scheduling Order (the “Motion”) filed by the Parties? Having considered the Motion, the pleadings, and applicable authorities, the Court finds that the Motion should be GRANTED. It is therefore ORDERED that the trial date of May 22, 2023 is continued to March 4, 2024. It is further ORDERED that an Amended Agreed Scheduling Order shall be entered as follows: 1. The deadline to file amended pleadings asserting new causes of action or affirmative defenses and to file motions for leave to designate responsible third parties is October 27, 2023. Pleadings directly responsive to any timely filed pleadings must be filed by November 24, 2023. 2. Fact discovery closes on December 29, 2023. 3. The deadline for any Party seeking affirmative relief to designate expert(s) and/or provide expert reports is November 24, 2023. 4. The deadline for any Party opposing affirmative relief to designate expert(s) and/or 2 As used herein, the “Parties” shall mean and refer to Plaintiffs Gamco Properties, LLC, Gamvest, LP, and Lesa Gamble and Defendants Wham Tech, Inc. and Wham Technologies, Inc., collectively. ORDER GRANTING AGREED MOTION FOR CONTINUANCE AND ENTRY OF AMENDED AGREED SCHEDULING ORDER — Page 1 provide expert reports is December 8, 2023. 5. The deadline for either Party to designate rebuttal expert(s) and/or provide rebuttal reports is December 22, 2023. 6. Expert discovery closes January 26, 2024. 7. The deadline to have challenges to experts heard is February 2, 2024. 8. The deadline to have dispositive motions heard is February 2, 2024. 9. The deadline for mediation is November 3, 2023. 10. The deadline to exchange exhibit lists is February 19, 2024. 11. The deadline to file statements of contested issues of fact, stipulated facts, Witness lists, proposed jury charges and instructions, stipulations to admissibility of exhibits, objections to opposing party’s exhibits, estimates of length of trial, designations of deposition testimony, and motions in limine is February 23, 2024. SIGNED this day of , 2023. 3/31/2023 10:29:06 AM The H norable I dge a e T'_ ry 134th District Court, Dallas County, Texas ORDER GRANTING AGREED MOTION FOR CONTINUANCE AND ENTRY OF AMENDED AGREED SCHEDULING ORDER — Page 2 AGREED AS TO SUBSTANCE AND FORM KESSLER & COLLINS, PC /s/ Daniel P. Callahan DANIEL P. CALLAHAN State Bar No. 03648700 STEPHEN J. HUSCHKA State Bar No. 24097861 spc@kesslercollins.com shuschka@kesslercollins.com 500 North Akard Street, Suite 3700 Dallas, Texas 75201 ATTORNEYS FOR PLAINTIFFS GAMCO PROPERTIES, LLC, GAMVEST, LP, AND LESA GAMBLE THE MAJ ORIE FIRM /s/ Francis B. Majorie FRANCIS B. MAJORIE State Bar No. 12851420 1450 Cottonwood Valley Court Irving, Texas 75038 fbmajorie@themajoriefirm.com ATTORNEY FOR DEFENDAN TS WHAM TECH, INC. AND WHAM TECHNOLOGIES, INC. ORDER GRANTING AGREED MOTION FOR CONTINUANCE AND ENTRY OF AMENDED AGREED SCHEDULING ORDER — Page 3