On January 25, 2023 a
Court Motion,Standing Order
was filed
involving a dispute between
First Mercury Insurance Company,
and
Lozano Dba Ml Concrete, Miguel,
Lozano, Miguel,
Mlozano Concrete Inc,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
Preview
NO. DC—23-01225
§ IN THE DISTRICT COURT 0F
FIRST MERCURY INSURANCE §
COMPANY, §
§
Plaintiffls), §
§
v.. § 44TH JUDICIAL DISTRICT COURT
§
MLOZANO CONCRETE INC. AND §
MIGUEL LOZANO DEA ML §
CONCRETE,
DALLAS COUNTY, TEXAS
Defendant(s).
44TH DISTRICT COURT UNIFORM SCHEDULING ORDER! EVE'L 1.01121
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:
202%?”
1. This case will be ready and is set for trial at 9:00 a.m. on March 4, 2023, (the
“Initial Trial Setting”). Reset or continuance of the Initial Trial Setting will not alter any
deadlines established in this Order, except those set out in paragaph 7 of this Order, or
established by the Texas Rules of Civil Procedure, unless otherwise provided by order. If not
reached as set, the case may be carried to the next week.
2. Unless otherwise ordered, discovery in this case will be controlled by:
Rule 190.2 (Level 1)
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 tesfimony due to qualification
of the expert or reliability of the opinions must be filed no later than seven (7) days afler 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 schedule 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 afier the filing 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. a. The parties shall mediate this case no later than thirty (30) days before the
Initial Trial Setting, unless otherwise provided by court order. Mediation will be conducted in
accordance with the Standing Dallas County Civil District Court Order Regarding Mediation,
which is available from the Dallas County ADR Coordinator. All parties shall contact the
mediator to arrange the mediation.
The mediator has been selected by agreement of the parties: Jennifer Calhoun is
hereby appointed mediator. Any mediator substitution requested more than 90 days afier the
date of this order may only be made by motion for submission to the Court for good cause and
under extraordinary circumstances.
The parties have conferred and are unable to agree on a mediator Accordingly,
.
., is hereby appointed mediator. Any
mediator substitution requested more than 90 days after the date of this order may only be made
by motion for submission to the Court for good cause and under extraordinary circumstances.
b. One or more of the parties object to mediation of this matter. Any party
seeking an order for mediation shall file an appropriate motion no later than 90 days before the
Initial Trial Setting and set it for hearing no later than 60 days before the Initial Trial Setting.
7. Fourteen (14) days before the Initial 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 afiidavits, 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 the Initial 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 pm on the Thursday before the Initial 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. Failure to file such materials may result in dismissal for want of prosecution or other
appropriate sanction.
Plaintiff/Plaintiffs counsel shall serve a copy of this Order on any currently named
defendant(s) answeri after this date.
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FGEP‘RES DING
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-
cc: Counsel of Record/Pro Se Parties and MediéitQr
AGREED AND APPROVED:
/5/ Kayleigh Kristine Smith
PlaintiffAttbmey
Defendant AftomeyYHLOZW Q71 bro/“(<73133141;.
-
__
Defendant Afioi-ney Secondary Attbrney
'Defén'daht Attorney Secondary Attorney
Document Filed Date
April 20, 2023
Case Filing Date
January 25, 2023
Category
CNTR CNSMR COM DEBT
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