On February 27, 2023 a
Order
was filed
involving a dispute between
Wood, Charles David, Jr,
Wood, Lola Bridgette,
and
Builders First Source Dallas, Llc,
Ridgeview Timberworks, Llc,
Sawmill Partners Llc,
for OTHER CONTRACT
in the District Court of Dallas County.
Preview
CAUSE NO. DC-23-02885
CHARLES DAVID WOOD, J ret a] IN THE DISTRICT COURT
VS-
134TH JUDICIAL DISTRICT
BUILDERS FIRST SOURCE DALLAS,
LLCet a1 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 NON JURY TRIAL on APRIL 29, 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 4/20/2023 .
DALE TILLERY,
Presidiggdfidge
pc: WILLIAM E REID; IAN M MCLIN; MARK S SENTER
ADDITIONALLY, YOU MAY ACCESS THE COURT'S FILE, BY GOING T0:
htt : courts.dallascount .or default.as x
Document Filed Date
April 20, 2023
Case Filing Date
February 27, 2023
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CAUSE NO. DC-23-02885 CHARLES DAVID WOOD, J ret a] IN THE DISTRICT COURT VS- 134TH JUDICIAL DISTRICT BUILDERS FIRST SOURCE DALLAS, LLCet a1 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 NON JURY TRIAL on APRIL 29, 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 4/20/2023 . DALE TILLERY, Presidiggdfidge pc: WILLIAM E REID; IAN M MCLIN; MARK S SENTER ADDITIONALLY, YOU MAY ACCESS THE COURT'S FILE, BY GOING T0: htt : courts.dallascount .or default.as x