On June 13, 2022 a
Order
was filed
involving a dispute between
Hollis, Whittnee,
and
Simms, Kendell,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
Preview
CAUSE N0. DC-22-06437
WHITTNEE HOLLIS IN THE DISTRICT COURT
vs. JUDICIAL DISTRICT
134TH
KENDELL SIMMS DALLAS COUNTY, TEXAS
UNIFORM SCHEDULING ORDER
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 JUNE 05, 2023 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 t0 the next week.
2. Expert discovery must be conducted during the discovery period which begins
when suit is filed and continues until the earlier of forty-five (45) days before the date set for trial
or eight (8) months after the earlier of the date of the first oral deposition or the due date of the
first response to written discovery. All other discovery in this case will be controlled by Rule
190.3 (LEVEL 2) of the Texas Rules of Civil Procedure. 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.
3. 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 the discovery period, or such objection is waived. Any motion to compel responses to
discovery (other than relating to factual matters arising after the end of 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 of exclusion under Rule 193.6.
4. Any amended pleadings asserting new causes of action or affirmative defenses
must be filed no 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 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 with leave of court, TRCP 166a motions must be heard no later than thirty
(30) days before trial.
5. No additional parties may be joined more than five (5) 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 (14) days before this Trial Setting, the parties shall exchange 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. Rule 193.7
applies to this designation. 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 4:00 p.m. on the Thursday before this Trial Setting, the parties shall file with the Court the
materials stated in Rule 166(e)—(l), 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 166(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 filethe materials stated in Rule 166(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, all 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.
PlaintiffiPlaintiffs counsel shall serve a copy of this Order on any currently named
defendant(s) answering after this date.
flag. %
SIGNED on 10/7/2022 .
DALE TILLERY, Presiding ge
pc: CAMILO VALENCIA; MARK TEAGUE
ADDITIONALLY, YOU MAY ACCESS THE COURT'S FILE, BY GOING T0:
htt : courts.dallascount .or default.as x
Document Filed Date
October 07, 2022
Case Filing Date
June 13, 2022
Category
MOTOR VEHICLE ACCIDENT
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Preview
CAUSE N0. DC-22-06437 WHITTNEE HOLLIS IN THE DISTRICT COURT vs. JUDICIAL DISTRICT 134TH KENDELL SIMMS DALLAS COUNTY, TEXAS UNIFORM SCHEDULING ORDER 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 JUNE 05, 2023 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 t0 the next week. 2. Expert discovery must be conducted during the discovery period which begins when suit is filed and continues until the earlier of forty-five (45) days before the date set for trial or eight (8) months after the earlier of the date of the first oral deposition or the due date of the first response to written discovery. All other discovery in this case will be controlled by Rule 190.3 (LEVEL 2) of the Texas Rules of Civil Procedure. 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. 3. 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 the discovery period, or such objection is waived. Any motion to compel responses to discovery (other than relating to factual matters arising after the end of 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 of exclusion under Rule 193.6. 4. Any amended pleadings asserting new causes of action or affirmative defenses must be filed no 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 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 with leave of court, TRCP 166a motions must be heard no later than thirty (30) days before trial. 5. No additional parties may be joined more than five (5) 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 (14) days before this Trial Setting, the parties shall exchange 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. Rule 193.7 applies to this designation. 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 4:00 p.m. on the Thursday before this Trial Setting, the parties shall file with the Court the materials stated in Rule 166(e)—(l), 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 166(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 filethe materials stated in Rule 166(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, all 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. PlaintiffiPlaintiffs counsel shall serve a copy of this Order on any currently named defendant(s) answering after this date. flag. % SIGNED on 10/7/2022 . DALE TILLERY, Presiding ge pc: CAMILO VALENCIA; MARK TEAGUE ADDITIONALLY, YOU MAY ACCESS THE COURT'S FILE, BY GOING T0: htt : courts.dallascount .or default.as x