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  • HUNTER BRIANet al vs. D'ANDRA D. BINGHAM, MDet alMEDICAL MALPRACTICE document preview
  • HUNTER BRIANet al vs. D'ANDRA D. BINGHAM, MDet alMEDICAL MALPRACTICE document preview
  • HUNTER BRIANet al vs. D'ANDRA D. BINGHAM, MDet alMEDICAL MALPRACTICE document preview
  • HUNTER BRIANet al vs. D'ANDRA D. BINGHAM, MDet alMEDICAL MALPRACTICE document preview
  • HUNTER BRIANet al vs. D'ANDRA D. BINGHAM, MDet alMEDICAL MALPRACTICE document preview
  • HUNTER BRIANet al vs. D'ANDRA D. BINGHAM, MDet alMEDICAL MALPRACTICE document preview
  • HUNTER BRIANet al vs. D'ANDRA D. BINGHAM, MDet alMEDICAL MALPRACTICE document preview
  • HUNTER BRIANet al vs. D'ANDRA D. BINGHAM, MDet alMEDICAL MALPRACTICE document preview
						
                                

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FILED 3/14/2023 3:32 PM FELICIA PITRE DISTRICT CLERK flfi:Yh Opo\ JUDGE DALE TILLERY PRESIDmC’ggfiniE-bgfififi ED Fox 134TH JUDICIAL DISTRICT COURT (Page £6“ 600 Commerce St., 6th Floor, Room 650 Dallas, Texas 75202-4606 7T§OFT $7: “551"“ ”10¢ W“ 214/653-7546 134‘“ Ct. Clerk -- 214/653-6995 Ct. Coordinator -- fly@dallascourts.org March 14, 2023 ELIZABETH D. ALVARADO 1001 MCKINNEY ST STE 560 HOUSTON TX 77002-6424 Re: HUNTER BRIANet a1 VS. D'ANDRA D. BINGHAM, MDet a1 DC-23 -01657 A11 Counsel of Record/Pro Se Litigants: PLEASE TAKE NOTE of the following settings: JURY TRIAL - CIVIL: 04/01/2024 @ 9:00 AM Trial announcements MUST BE MADE BY ALL PARTIES, to the Court COORDINATOR, on the Thursday preceding the trial date set forth above, and in no event later than 10:30 a.m. on the Friday preceding the trial date set forth above. Trial ANNOUNCEMENTS MAY BE MADE in person, by telephone, or by email. When NO announcement is made for defendant, defendant will be presumed ready. If ANY plaintiff fails to announce or to appear at trial, the case will be dismissed for want of prosecution in accordance with Rule 165a, Texas Rules of Civil Procedure. Completion of discovery, presentation of pretrial motions, and other matters relating to the preparation for trial, are controlled by the Scheduling Order in this case or by the Texas Rules of Civil Procedure, in the event no Scheduling Order has been signed by the Court. Please forward a copy of this notice to counsel of record for each party and all pro se parties by a method approved in Texas Rules of Civil Procedure 21a. Sincerely, Maze. TILLER DALE / Presiding Judge DBT/fll pc: LES WEISBROD; RUSSELL W SCHELL; ELIZABETH D. ALVARADO; JON W STEPHENSON ALL PARTIES MUST BE MADE AWARE OF ALL COMMUNICATIONS WITH THE COURTS. /1~‘~TY 01> l /0 Wk 0M JUDGE DALE TILLERY PRESIDING Fon 134TH JUDICIAL DISTRICT COURT C a??? MED 600 Commerce St., 6th Floor, Room 650 55 Dallas, Texas 75202-4606 ZE mu EK5' 214/653-7546 134th Ct. Clerk “5 -- 214/653-6995 Ct. Coordinator -- (2) fly@dallascourts.org March 14, 2023 RUSSELL W SCHELL SCHELL COOLEY CAMPBELL LLP 16415 ADDISON RD STE 700 ADDISON TX 75001 Re: HUNTER BRIANet a1 vs. D'ANDRA D. BINGHAM, MDet a1 DC-23 -01657 A11 Counsel of Record/Pro Se Litigants: PLEASE TAKE NOTE of the following settings: JURY TRIAL - CIVIL: 04/01/2024 @ 9:00 AM Trial announcements MUST BE MADE BY ALL PARTIES, to the Court COORDINATOR, on the Thursday preceding the trial date set forth above, and in no event later than 10:30 a.m. on the Friday preceding the trial date set forth above. Trial ANNOUNCEMENTS MAY BE MADE in person, by telephone, or by email. When N0 announcement is made for defendant, defendant will be presumed ready. If ANY plaintiff fails to announce or to appear at trial, the case will be dismissed for want of prosecution in accordance with Rule 165a, Texas Rules of Civil Procedure. Completion of discovery, presentation of pretrial motions, and other matters relating to the preparation for trial, are controlled by the Scheduling Order in this case or by the Texas Rules of Civil Procedure, in the event no Scheduling Order has been signed by the Court. Please forward a copy of this notice to counsel of record for each party and all pro se parties by a method approved in Texas Rules of Civil Procedure 21a. Sincerely, flgé. / DALE TILLER Presiding Judge DBT/fll pc: LES WEISBROD; RUSSELL W SCHELL; ELIZABETH D. ALVARADO; JON W STEPHENSON ALL PARTIES MUST BE MADE AWARE OF ALL COMMUNICATIONS WITH THE COURTS. /1~‘~TY 01> 1 /0 Wk 0M JUDGE DALE TILLERY PRESIDING F0K 134TH JUDICIAL DISTRICT COURT 1 REP MED 600 Commerce St., 6th Floor, Room 650 55 Dallas, Texas 75202-4606 ZE mu EK5' 214/653-7546 134th Ct. Clerk “5 -- 214/653-6995 Ct. Coordinator -- (2) fly@dallascourts.org March 14, 2023 LES WEISBROD FORESTON CENTRAL DRIVE 11551 FORESTON CENTRAL II SUITE 300 DALLAS TX 75243 Re: HUNTER BRIANet a1 vs. D'ANDRA D. BINGHAM, MDet a1 DC-23 -01657 A11 Counsel of Record/Pro Se Litigants: PLEASE TAKE NOTE of the following settings: JURY TRIAL - CIVIL: 04/01/2024 @ 9:00 AM Trial announcements MUST BE MADE BY ALL PARTIES, to the Court COORDINATOR, on the Thursday preceding the trial date set forth above, and in no event later than 10:30 a.m. on the Friday preceding the trial date set forth above. Trial ANNOUNCEMENTS MAY BE MADE in person, by telephone, or by email. When NO announcement is made for defendant, defendant will be presumed ready. If ANY plaintiff fails to announce or to appear at trial, the case will be dismissed for want of prosecution in accordance with Rule 165a, Texas Rules of Civil Procedure. Completion of discovery, presentation of pretrial motions, and other matters relating to the preparation for trial, are controlled by the Scheduling Order in this case or by the Texas Rules of Civil Procedure, in the event no Scheduling Order has been signed by the Court. Please forward a copy of this notice to counsel of record for each party and all pro se parties by a method approved in Texas Rules of Civil Procedure 21a. Sincerely, Maze. TILLER DALE / Presiding Judge DBT/fll pc: LES WEISBROD; RUSSELL W SCHELL; ELIZABETH D. ALVARADO; JON W STEPHENSON ALL PARTIES MUST BE MADE AWARE OF ALL COMMUNICATIONS WITH THE COURTS. CAUSE NO. DC-23-01657 IN THE DISTRICT COURT HUNTER BRIANet a1 vs. 134TH JUDICIAL DISTRICT D'ANDRA D. BINGHAM, MDet al DALLAS COUNTY, TEXAS UNIFORM SCHEDULING ORDER (LEVEL 3) 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 of this cause: 1. This case will be ready and is set for JURY TRIAL - CIVIL on APRIL 01, 2024 at 9:00 AM (“this Trial Setting”). Reset or continuance of this Trial Setting will not alter any deadlines established in this Order or established by the Texas Rules of Civil Procedure, unless otherwise provided by order. If not reached as set, the case will be carried to the next week. 2. Pretrial matters will be completed by the following dates: a. amended pleadings asserting new causes of 130 days before this Trial Setting action or defenses b. fact discovery closes 115 days before this Trial Setting c. party seeking affirmative relief to designate 115 days before this Trial Setting experts (if no reports provided) d. party seeking affirmative relief to designate 105 days before this Trial Setting experts (if reports provided) e. party opposing affirmative relief to 9O days before this Trial Setting designate experts & provide reports f. designation of rebuttal experts & provide 75 days before this Trial Setting reports g. all expert discovery closes 45 days before this Trial Setting h- Other amended Pleadings 45 days before this Trial Setting 3. The parties may, by written agreement, alter the pretrial deadlines, set forth above. Amended pleadings responsive to timely filed pleadings under this Order may be filed after 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 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. 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 expert discovery, or such objection is waived. Any motion to compel responses to discovery (other than relating to factual matters arising after the end of fact discovery) must be filed no later than seven (7) days after the close of fact discovery or such complaint is waived, except for the sanction of exclusion under Rule 193.6. 4. Each side may have 75 hours of depositions and each party may have 50 interrogatories. 5. No additional parties may be joined more than eight (8) months after the commencement of this case except on 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 on the new party concurrently with the pleading joining that party. 6. If mediation or other alternative dispute resolution, is agreed to by the parties, then it will be conducted in accordance with the Texas Rules of Civil Procedure; the Texas Government Code and the standing Dallas County Civil District Court order regarding mediation, which is available from the Dallas County ADR Coordinator. Mediation must be conducted thirty (30) days prior to the first trial setting in this case. The parties decision to mediate this case will not be a basis for a continuance of any trial setting. 7. Fourteen (l4)days before this Trial Setting, the parties shall exchange designations of 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 to be offered by way of business record affidavits, each exhibit must be identified separately and not by category or group designation. Ten (10) days before this Trial Setting, the parties shall exchange in writing their objections to the opposing party’s proposed exhibits, including objections under Rule 193.7, and deposition testimony. On or before ten (10) days before this Trial Setting, the attorneys in charge for all parties shall meet in person to confer on stipulations regarding the materials to be submitted to the Court under this paragraph and attempt to maximize agreement on such matters. By 4 p.m. on the Thursday before this Trial Setting, the parties shall file with the Court the materials stated in Rule l66(d)- (m), an estimate of the length of trial, designation of deposition testimony to be offered in direct examination, and any motions in limine. The duty to file the materials stated in Rule l66(e)-(l) exists even in the absence of the parties’ ability to meet in person in order to confer on stipulations regarding the materials to be submitted to the Court. The failure to file the materials stated in Rule l66(e)-(l), an estimate of the length of trial, designation of deposition testimony to be offered in direct examination, and any motions in limine may result in dismissal for want of prosecution or other appropriate sanction. 8. All Daubert challenges and witness challenges and all dispositive motions, including Motions for Summary Judgment, shall be set and heard at least 30 days prior to this trial setting or they are waived. 9. The provisions of Chapter 18 of the Texas Civil Practice & Remedies Code shall control, and not be interpreted in conflict with, this UNIFORM SCHEDULING ORDER. Plaintiff/Plaintist counsel shall serve a copy of this order on any currently named defendants answering after the date of this order. SIGNED on 3/14/2023 . DALE TILLERY, Presidiggdfidge pc: LES WEISBROD; RUSSELL W SCHELL; ELIZABETH D. ALVARADO; JON W STEPHENSON ADDITIONALLY, YOU MAY ACCESS THE COURT'S FILE, BY GOING T0: htt : courts.dallascount .or default.as x Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 73655547 Filing Code Description: Notice Of Trial Filing Description: NOTICE OF TRIAL W LEVEL 3 USO Status as of 3/14/2023 3:45 PM CST Associated Case Party: CHRISTUS HEALTH Name BarNumber Email TimestampSubmitted Status Carlos Mattioli cmattioli@smfadlaw.com 3/14/2023 3:32:40 PM SENT Sherry EKelly skelly@smfadlaw.com 3/14/2023 3:32:40 PM SENT Debra Boyd dboyd@smfadlaw.com 3/14/2023 3:32:40 PM SENT Elizabeth D. (Lisa)Alvarado lalvarado@smfadlaw.com 3/14/2023 3:32:40 PM SENT Associated Case Party: HUNTER BRIAN Name BarNumber Email TimestampSubmitted Status Francine Ly fly@dallascourts.org 3/14/2023 3:32:40 PM SENT Jon Wayne Stephenson 24041973 jonstephenson@steedlawfirm.com 3/14/2023 3:32:40 PM SENT Casey Cashion 24103775 caseycashion@steedlawfirm.com 3/14/2023 3:32:40 PM SENT Michelle Obach mobach@schellcooley.com 3/14/2023 3:32:40 PM SENT Vera Brumley vbrumley@schellcooley.com 3/14/2023 3:32:40 PM SENT Russell Schell rschell@schellcooley.com 3/14/2023 3:32:40 PM ERROR LES WEISBROD Iweisbrod@millen/veisbrod.com 3/14/2023 3:32:40 PM SENT Lori Slywka lorislywka@steedlawfirm.com 3/14/2023 3:32:40 PM SENT C. Holloway Yvetteholloway@steedlawfirm.com 3/14/2023 3:32:40 PM SENT Kathy Dorsey kathydorsey@steedlawfirm.com 3/14/2023 3:32:40 PM SENT