On February 10, 2022 a
DEFENDANT PRETRIAL DISCLOSURES - RULE 166
was filed
involving a dispute between
Cobb, Ronda,
and
Cesar Chavez Foundation,
Riverside Ccf Cb Partners, L.P.,
Rodriguez, Reynaldo,
for OTHER PERSONAL INJURY
in the District Court of Dallas County.
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FILED
8/17/2023 4:22 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Margaret Thomas DEPUTY
PIC.26467
CAUSE NO. DC-22-01700
RONDA COBB, § IN THE DISTRICT COURT
Plaintiff, §
§
VS. §
§
RIVERSIDE CCF/CB PARTNERS, L.P. § DALLAS COUNTY, TEXAS
D/B/A THE PARK AT CLIFF CREEK §
APARTMENTS; CESAR CHAVEZ §
FOUNDATION; REYNALDO §
RODRIGUEZ D/B/A RODRIGUEZ §
PAINTING, §
Defendants. § 298TH JUDICIAL DISTRICT
DEFENDANTS RIVERSIDE CCF/CB PARTNERS, L.P. D/B/A THE PARK AT CLIFF
CREEK APARTMENTS AND CESAR CHAVEZ FOUNDATION’S ESTIMATED
LENGTH OF TRIAL AND RULE 166 (e) – (l) PRETRIAL DISCLOSURES
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, RIVERSIDE CCF/CB PARTNERS, L.P. D/B/A THE PARK AT
CLIFF CREEK APARTMENTS AND CESAR CHAVEZ FOUNDATION, Defendants in the
above-entitled and numbered cause, and file this, their Estimated Length of Trial and Rule 166
(e) – (l) Pretrial Disclosures, pursuant to the instruction of the Court and the Texas Rules of Civil
Procedure, as follows:
I.
Estimate of Length of Trial
Defendants estimate that the trial will last three to four days.
II.
Rule 166 (e) – (l) Disclosures:
(e) Contested Issues of Fact and Simplification of the Issues
(1) Whether Defendants and/or Reynaldo Rodriguez dba Reynaldo Painting were
negligent and caused Plaintiffs’ damages;
(2) Whether Plaintiff was contributorily negligent for her injuries;
DEFENDANTS RIVERSIDE CCF/CB PARTNERS, L.P. D/B/A THE PARK AT CLIFF CREEK APARTMENTS AND CESAR
CHAVEZ FOUNDATION’S ESTIMATED LENGTH OF TRIAL AND RULE 166 (e) – (l) PRETRIAL DISCLOSURES Page 1
(3) Whether the complained of condition of the bathtub was open and obvious or known
to Plaintiff at the time of the alleged accident;
(4) The amount of Plaintiff’s damages;
(5) Whether Plaintiff’s injuries were caused by this accident;
(f) The possibility of Obtaining Stipulations of Fact
The parties may be able to agree on certain non-disputed issues. Defendants will make efforts
with the other parties to stipulate to facts, as applicable.
(g) The identification of legal matters to be ruled upon or decided by the Court.
(1) Defendants will request the Court rule on their Motion in Limine, filed simultaneously
with this pleading.
(h) The exchange of a list of direct fact witnesses, other than rebuttal or impeaching
witnesses the necessity of whose testimony cannot reasonably be anticipated before the time
of trial, who will be called to testify at trial, stating their address and telephone number,
and the subject of the testimony of each such witness:
Defendants’ Witness List is being filed in accordance with the conformed scheduling Order.
(i) The exchange of a list of expert witnesses who will be called to testify at trial, stating
their address and telephone number, and the subject of the testimony and opinions that
will be proffered by each expert witness;
Patrice T. Morin-Resch, BA, CPC, CPMA, CMRS
1300 Shamrock Suite 200
(972) 955-4855
Defendants’ Expert Designations containing the identified information have been provided to all
parties.
(j) Agreed Applicable Propositions of Law and Contested Issues of law
Agreed: TBD
Contested: TBD
(k) Proposed Jury Charge
Defendants’ Proposed Jury Charge will be filed in accordance with the conformed scheduling
Order.
(l) The marking and exchanging of all exhibits that any party may use at trial and
stipulation to the authenticity and admissibility of exhibits to be used at trial;
DEFENDANTS RIVERSIDE CCF/CB PARTNERS, L.P. D/B/A THE PARK AT CLIFF CREEK APARTMENTS AND CESAR
CHAVEZ FOUNDATION’S ESTIMATED LENGTH OF TRIAL AND RULE 166 (e) – (l) PRETRIAL DISCLOSURES Page 2
Defendants’ Exhibit List will be filed with the Court in accordance with the conformed
scheduling order, and all documents listed on Defendants’ Exhibit List have been sent to the
other parties.
Respectfully submitted,
FLETCHER, FARLEY, SHIPMAN
& SALINAS, L.L.P.
/s/ Joseph J. Harrison
DOUGLAS D. FLETCHER
State Bar No. 07139500
Email: doug.fletcher@fletcherfarley.com
JULIA L. SINOR
State Bar No. 24032540
Email: julia.sinor@fletcherfarley.com
JOSEPH J. HARRISON
State Bar No. 24083143
Email: joe.harrison@fletcherfarley.com
9201 N. Central Expressway, Suite 600
Dallas, Texas 75231
(214) 987-9600 (office)
(214) 987-9866 (telecopier)
ATTORNEYS FOR DEFENDANT RIVERSIDE
CCF/CB PARTNERS, L.P. D/B/A THE PARK
AT CLIFF CREEK APARTMENTS AND
CESAR CHAVEZ FOUNDATION
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing instrument has been mailed,
telecopied, electronically served or hand delivered to all attorneys of record, in compliance with
Rule 21a. of the Texas Rules of Civil Procedure, on this the 17th day of August, 2023.
/s/ Joseph J. Harrison
JOSEPH J. HARRISON
DEFENDANTS RIVERSIDE CCF/CB PARTNERS, L.P. D/B/A THE PARK AT CLIFF CREEK APARTMENTS AND CESAR
CHAVEZ FOUNDATION’S ESTIMATED LENGTH OF TRIAL AND RULE 166 (e) – (l) PRETRIAL DISCLOSURES Page 3
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.
Isra Bheda on behalf of Julie Sinor
Bar No. 24032540
isra.bheda@fletcherfarley.com
Envelope ID: 78656823
Filing Code Description: Witness List
Filing Description: DEFENDANT
Status as of 8/18/2023 6:08 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Patricia McCulloch pmcculloch@tureklawfirm.com 8/17/2023 4:22:08 PM SENT
Douglas DFletcher sheila.landua@fletcherfarley.com 8/17/2023 4:22:08 PM SENT
Douglas Turek dturek@tureklawfirm.com 8/17/2023 4:22:08 PM SENT
Deborah Stick deborah.stick@fletcherfarley.com 8/17/2023 4:22:08 PM SENT
Julia Sinor julia.sinor@fletcherfarley.com 8/17/2023 4:22:08 PM SENT
Joe J.Harrison joe.harrison@fletcherfarley.com 8/17/2023 4:22:08 PM SENT
Isra DBheda isra.bheda@fletcherfarley.com 8/17/2023 4:22:08 PM SENT
Associated Case Party: RONDA COBB
Name BarNumber Email TimestampSubmitted Status
Walker M. Duke wduke@dukeseth.com 8/17/2023 4:22:08 PM SENT
Maureen Gehring mgehring@dukeseth.com 8/17/2023 4:22:08 PM SENT
GAGANDEEP KSETH gkseth@dukeseth.com 8/17/2023 4:22:08 PM SENT
Associated Case Party: REYNALDO RODRIGUEZ
Name BarNumber Email TimestampSubmitted Status
E-Service Resnick & Louis mail@rlattorneys.com 8/17/2023 4:22:08 PM SENT
Kelley Kessler kkessler@rlattorneys.com 8/17/2023 4:22:08 PM SENT
Stacy Thompson sthompson@rlattorneys.com 8/17/2023 4:22:08 PM SENT
Jennifer Ernst jernst@rlattorneys.com 8/17/2023 4:22:08 PM SENT
Document Filed Date
August 17, 2023
Case Filing Date
February 10, 2022
Category
OTHER PERSONAL INJURY
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Preview
FILED 8/17/2023 4:22 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Margaret Thomas DEPUTY PIC.26467 CAUSE NO. DC-22-01700 RONDA COBB, § IN THE DISTRICT COURT Plaintiff, § § VS. § § RIVERSIDE CCF/CB PARTNERS, L.P. § DALLAS COUNTY, TEXAS D/B/A THE PARK AT CLIFF CREEK § APARTMENTS; CESAR CHAVEZ § FOUNDATION; REYNALDO § RODRIGUEZ D/B/A RODRIGUEZ § PAINTING, § Defendants. § 298TH JUDICIAL DISTRICT DEFENDANTS RIVERSIDE CCF/CB PARTNERS, L.P. D/B/A THE PARK AT CLIFF CREEK APARTMENTS AND CESAR CHAVEZ FOUNDATION’S ESTIMATED LENGTH OF TRIAL AND RULE 166 (e) – (l) PRETRIAL DISCLOSURES TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, RIVERSIDE CCF/CB PARTNERS, L.P. D/B/A THE PARK AT CLIFF CREEK APARTMENTS AND CESAR CHAVEZ FOUNDATION, Defendants in the above-entitled and numbered cause, and file this, their Estimated Length of Trial and Rule 166 (e) – (l) Pretrial Disclosures, pursuant to the instruction of the Court and the Texas Rules of Civil Procedure, as follows: I. Estimate of Length of Trial Defendants estimate that the trial will last three to four days. II. Rule 166 (e) – (l) Disclosures: (e) Contested Issues of Fact and Simplification of the Issues (1) Whether Defendants and/or Reynaldo Rodriguez dba Reynaldo Painting were negligent and caused Plaintiffs’ damages; (2) Whether Plaintiff was contributorily negligent for her injuries; DEFENDANTS RIVERSIDE CCF/CB PARTNERS, L.P. D/B/A THE PARK AT CLIFF CREEK APARTMENTS AND CESAR CHAVEZ FOUNDATION’S ESTIMATED LENGTH OF TRIAL AND RULE 166 (e) – (l) PRETRIAL DISCLOSURES Page 1 (3) Whether the complained of condition of the bathtub was open and obvious or known to Plaintiff at the time of the alleged accident; (4) The amount of Plaintiff’s damages; (5) Whether Plaintiff’s injuries were caused by this accident; (f) The possibility of Obtaining Stipulations of Fact The parties may be able to agree on certain non-disputed issues. Defendants will make efforts with the other parties to stipulate to facts, as applicable. (g) The identification of legal matters to be ruled upon or decided by the Court. (1) Defendants will request the Court rule on their Motion in Limine, filed simultaneously with this pleading. (h) The exchange of a list of direct fact witnesses, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated before the time of trial, who will be called to testify at trial, stating their address and telephone number, and the subject of the testimony of each such witness: Defendants’ Witness List is being filed in accordance with the conformed scheduling Order. (i) The exchange of a list of expert witnesses who will be called to testify at trial, stating their address and telephone number, and the subject of the testimony and opinions that will be proffered by each expert witness; Patrice T. Morin-Resch, BA, CPC, CPMA, CMRS 1300 Shamrock Suite 200 (972) 955-4855 Defendants’ Expert Designations containing the identified information have been provided to all parties. (j) Agreed Applicable Propositions of Law and Contested Issues of law Agreed: TBD Contested: TBD (k) Proposed Jury Charge Defendants’ Proposed Jury Charge will be filed in accordance with the conformed scheduling Order. (l) The marking and exchanging of all exhibits that any party may use at trial and stipulation to the authenticity and admissibility of exhibits to be used at trial; DEFENDANTS RIVERSIDE CCF/CB PARTNERS, L.P. D/B/A THE PARK AT CLIFF CREEK APARTMENTS AND CESAR CHAVEZ FOUNDATION’S ESTIMATED LENGTH OF TRIAL AND RULE 166 (e) – (l) PRETRIAL DISCLOSURES Page 2 Defendants’ Exhibit List will be filed with the Court in accordance with the conformed scheduling order, and all documents listed on Defendants’ Exhibit List have been sent to the other parties. Respectfully submitted, FLETCHER, FARLEY, SHIPMAN & SALINAS, L.L.P. /s/ Joseph J. Harrison DOUGLAS D. FLETCHER State Bar No. 07139500 Email: doug.fletcher@fletcherfarley.com JULIA L. SINOR State Bar No. 24032540 Email: julia.sinor@fletcherfarley.com JOSEPH J. HARRISON State Bar No. 24083143 Email: joe.harrison@fletcherfarley.com 9201 N. Central Expressway, Suite 600 Dallas, Texas 75231 (214) 987-9600 (office) (214) 987-9866 (telecopier) ATTORNEYS FOR DEFENDANT RIVERSIDE CCF/CB PARTNERS, L.P. D/B/A THE PARK AT CLIFF CREEK APARTMENTS AND CESAR CHAVEZ FOUNDATION CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing instrument has been mailed, telecopied, electronically served or hand delivered to all attorneys of record, in compliance with Rule 21a. of the Texas Rules of Civil Procedure, on this the 17th day of August, 2023. /s/ Joseph J. Harrison JOSEPH J. HARRISON DEFENDANTS RIVERSIDE CCF/CB PARTNERS, L.P. D/B/A THE PARK AT CLIFF CREEK APARTMENTS AND CESAR CHAVEZ FOUNDATION’S ESTIMATED LENGTH OF TRIAL AND RULE 166 (e) – (l) PRETRIAL DISCLOSURES Page 3 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. Isra Bheda on behalf of Julie Sinor Bar No. 24032540 isra.bheda@fletcherfarley.com Envelope ID: 78656823 Filing Code Description: Witness List Filing Description: DEFENDANT Status as of 8/18/2023 6:08 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Patricia McCulloch pmcculloch@tureklawfirm.com 8/17/2023 4:22:08 PM SENT Douglas DFletcher sheila.landua@fletcherfarley.com 8/17/2023 4:22:08 PM SENT Douglas Turek dturek@tureklawfirm.com 8/17/2023 4:22:08 PM SENT Deborah Stick deborah.stick@fletcherfarley.com 8/17/2023 4:22:08 PM SENT Julia Sinor julia.sinor@fletcherfarley.com 8/17/2023 4:22:08 PM SENT Joe J.Harrison joe.harrison@fletcherfarley.com 8/17/2023 4:22:08 PM SENT Isra DBheda isra.bheda@fletcherfarley.com 8/17/2023 4:22:08 PM SENT Associated Case Party: RONDA COBB Name BarNumber Email TimestampSubmitted Status Walker M. Duke wduke@dukeseth.com 8/17/2023 4:22:08 PM SENT Maureen Gehring mgehring@dukeseth.com 8/17/2023 4:22:08 PM SENT GAGANDEEP KSETH gkseth@dukeseth.com 8/17/2023 4:22:08 PM SENT Associated Case Party: REYNALDO RODRIGUEZ Name BarNumber Email TimestampSubmitted Status E-Service Resnick & Louis mail@rlattorneys.com 8/17/2023 4:22:08 PM SENT Kelley Kessler kkessler@rlattorneys.com 8/17/2023 4:22:08 PM SENT Stacy Thompson sthompson@rlattorneys.com 8/17/2023 4:22:08 PM SENT Jennifer Ernst jernst@rlattorneys.com 8/17/2023 4:22:08 PM SENT