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FILED
10/10/2022 11:38 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
W07? JUDGE DALE TILLERY PRESIDINfii Kilgore DEPUTY
.5”? I“ pf! 134TH JUDICIAL DISTRICT COURT
600 Commerce St., 6th Floor, Room 650
7? pt Dallas, Texas 75202-4606
5K5 214/653-7546 134‘“ Ct. Clerk
--
5‘ 214/653-6995 Ct. Coordinator
--
1110/ fly@dallascourts.org
October 07, 2022
MARK TEAGUE
THE LECRONE LAW FIRM PC
123 N CROCKETT ST
STE 200
SHERMAN TX 75090
Re: WHITTNEE HOLLIS VS. KENDELL SIMMS
DC-22-06437
A11 Counsel of Record/Pro Se Litigants:
PLEASE TAKE NOTE of the following settings:
JURY TRIAL - CIVIL: 06/05/2023 @ 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,
fiTILLERY/ é
Presiding Judge
DBT/fll
p02 CAMILO VALENCIA; MARK TEAGUE
ALL PARTIES MUST BE COPIED ON ALL WRITTEN COMMUNICATION TO THE COURT.
CAUSE N0. DC-22-06437
WHITTNEE HOLLIS IN THE DISTRICT COURT
vs. 134m JUDICIAL
DISTRICT
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 to the next week.
2. Expert discovery rnust 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 0r 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 thiny (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 pm. 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 l66(e)-(1) 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 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, all witness challenges, and all dispositive motions,
including Motions for Summary Judgment, shall be set and heard at least 30 days prior t0 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/Plaintiff’s counsel shall serve a copy of this Order on any currently named
defendant(s) answering after this date.
SIGNED on 10/7/2022 .
gILLERY, Presiding J ge
pc: CAMILO VALENCIA; MARK TEAGUE
ADDITIONALLY, YOU MAY ACCESS THE COURT'S FILE, BY GOING TO:
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: 69054292
Status as of 10/10/2022 3:18 PM CST
Associated Case Party: KENDELL SIMMS
Name BarNumber Email TimestampSubmitted Status
Mark A.Teague eservice@lecronelaw.com 10/10/2022 11:38:53 AM SENT
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: 69054292
Status as of 10/10/2022 3:18 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
CAMILO VALENCIA ESERVICE@BENABBOTT.COM 10/10/2022 11:38:53 AM SENT
Francine Ly fly@dallascourts.org 10/10/2022 11:38:53 AM SENT
Preview
FILED 10/10/2022 11:38 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS W07? JUDGE DALE TILLERY PRESIDINfii Kilgore DEPUTY .5”? I“ pf! 134TH JUDICIAL DISTRICT COURT 600 Commerce St., 6th Floor, Room 650 7? pt Dallas, Texas 75202-4606 5K5 214/653-7546 134‘“ Ct. Clerk -- 5‘ 214/653-6995 Ct. Coordinator -- 1110/ fly@dallascourts.org October 07, 2022 MARK TEAGUE THE LECRONE LAW FIRM PC 123 N CROCKETT ST STE 200 SHERMAN TX 75090 Re: WHITTNEE HOLLIS VS. KENDELL SIMMS DC-22-06437 A11 Counsel of Record/Pro Se Litigants: PLEASE TAKE NOTE of the following settings: JURY TRIAL - CIVIL: 06/05/2023 @ 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, fiTILLERY/ é Presiding Judge DBT/fll p02 CAMILO VALENCIA; MARK TEAGUE ALL PARTIES MUST BE COPIED ON ALL WRITTEN COMMUNICATION TO THE COURT. CAUSE N0. DC-22-06437 WHITTNEE HOLLIS IN THE DISTRICT COURT vs. 134m JUDICIAL DISTRICT 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 to the next week. 2. Expert discovery rnust 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 0r 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 thiny (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 pm. 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 l66(e)-(1) 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 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, all witness challenges, and all dispositive motions, including Motions for Summary Judgment, shall be set and heard at least 30 days prior t0 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/Plaintiff’s counsel shall serve a copy of this Order on any currently named defendant(s) answering after this date. SIGNED on 10/7/2022 . gILLERY, Presiding J ge pc: CAMILO VALENCIA; MARK TEAGUE ADDITIONALLY, YOU MAY ACCESS THE COURT'S FILE, BY GOING TO: 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: 69054292 Status as of 10/10/2022 3:18 PM CST Associated Case Party: KENDELL SIMMS Name BarNumber Email TimestampSubmitted Status Mark A.Teague eservice@lecronelaw.com 10/10/2022 11:38:53 AM SENT 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: 69054292 Status as of 10/10/2022 3:18 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status CAMILO VALENCIA ESERVICE@BENABBOTT.COM 10/10/2022 11:38:53 AM SENT Francine Ly fly@dallascourts.org 10/10/2022 11:38:53 AM SENT