Stipulation,Agreement: TONY EVANS, Sr., et al vs. TASACOM REAL ESTATE, LLC, et al

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                                CAUSE N0. DC-21-049OI

        TONY EVANS, SR.,        and ARETHA EVANS,                )       IN   THE DISTRICT COURT
        individually  and  on behalf of their minor son,         )
        T.E., deceased, FAITH TANKSLEY on behalf of              )
        minor T.E., III, individually and on behalf of           )
        his father, T.E., deceased, and DEON WILLIAMS,           )
                                                                 )
               Plaintiffs,                                       )
                                                                 )
        V.
                                                                 3
        TASACOM REAL ESTATE, LLC d/b/a                           )       l62nd JUDICIAL DISTRICT
        HAWTHORN SUITES DALLAS LOVE FIELD,                       )
        HAWTHORN SUITES FRANCHISING, INC,                        )
        WYNDHAM HOTELS & RESORTS, INC.,                          )
        MOHAMMAD SADIQ NOSHAHI,                                  )
        DIAMOND STAFFING SERVICES, LLC,                          )
        WYNDHAM HOTEL GROUP, LLC,                                1)

        TASACOM TECHNOLOGIES, INC., SANJ'EEV                     ')
        JAIN and MMAROOFUL CHOUDHURY,                            )
                                                                 )
               Defendants.                                       ')      DALLAS COUNTY, TEXAS

                  AGREED THIRD AMENDED DISCOVERY AND DOCKET CONTROL
                              ORDER PLAN FOR LEVEL 3 CASE

               In accordance with Rules 166, 190, and         l9l of the Texas    Rules of Civil Procedure, all

        Parties agree and ask that the Court enter the following Order and set the following deadlines:

Date:                        TRIAL SETTING:         Bench __xx_ Jury The trial of this cause is set for this date ("Initial
September 5, 2023            Trial Setting").
                             Reset or continuance of the Initial Trial Setting will not alter any deadline established by
Time: 9:00 a.m.              this Order or established by the Texas Rules of Civil Procedure, unless specifically provided
                             by Rule 11 Agreement of the parties or Court order after motion showing good cause.
Date:             ,   2023   FORMAL PRE-TRIAL CONFERENCE (Court will set). A pre-trial conference shall be held on this
                             date. Parties are strongly encouraged to meet and confer prior to this date to determine
Time:                        agreed exhibits, deposition designations and cross—designations, motions in Iimine, jury
                             charges, and any other outstanding pretrial issues.

                             JURY CHARGES. Unless this Court directs the parties to do so at an earlier date, each party   is
                             directed to produce at the pre-trial conference, in editable Word format emailed to the Court
                             Coordinator, all proposed jury charge questions, instructions, and definitions, and shall
                             include citations to the Texas Pattern Jury Charge and other authority that supports the
                             submission. Three days before the deadline for the parties to produce proposed jury charges
                             as described herein, each party shall also file and serve the same on all other parties.



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June 1, 2023     MEDIATION DEADLINE. Mediation shall be completed on or before this date and report filed
                 with the Court. Case will not proceed to trial unless mediation is complete. The parties are
                 to use reasonable efforts to agree on a mediator. Should the parties be unable to reach
                 agreement, the Court will appoint a mediator.
                 AMENDED PLEADINGS OF PARTY SEEKING AFFIRMATIVE RELIEF. Parties seeking affirmative
                 relief shall file with the Court and serve all other parties with any amended pleadings
April 14, 2023   asserting new causes of action or defenses by this date. No additional theories or allegations
                 shall be pied after this date without prior leave of court based upon a showing of good cause
                 or by written agreement of the parties pursuant to a Rule 11 agreement.
April 28, 2023   AMENDED PLEADINGS OF PARTY OPPOSING AFFIRMATIVE RELIEF. Parties opposing
                 affirmative relief shall file by this date amended pleadings, including any and all affirmative
                 defenses and/0r special exceptions. No additional affirmative defenses, inferential rebuttal
                 defenses, or any other defensive theories shall be pled after this date without prior leave of
                 court based upon a showing of good cause or by written Rule 11 agreement of the parties.
                 JOINDER OF PARTIES. No additional parties may be joined after this date except on motion
April 28, 2023   for leave showing good cause. This paragraph does not alter the requirements of Texas Rule
                 of Civil Procedure 38.
                 NOTE: The party joining an additional party must serve a copy of this Order on the new
                 party concurrently with the pleading joining the new party.
                 FACF DISCOVERY CLOSES. Unless good cause is shown or by agreement of the parties, fact
July 10, 2023    witness depositions are to be completed by this date. Also, no written discovery may be
                 propounded which requires an answer after this date. Any motion to compel reSponses to
                 written discovery requests must be filed no later than fourteen (14) days after the close of
                 fact discovery or such complaint is waived, except for the sanction of exclusion under Texas
                 Ruie of Civil Procedure 193.6.

                 EXPERT DESIGNATIONS OF PARTY SEEKING AFFIRMATIVE RELIEF. Parties seeking affirmative
May 10, 2023     relief shall serve his/her/its designation of experts and provide written reports of such
                 experts. Reports shall not be required of any non-retained experts (including employees of
                 the parties) unless the non-retained expert has opinions which have not reasonably been
                 disclosed in his/her business records, in response to Request for Disclosure, or in deposition
                 testimony.
                 EXPERT DESIGNATIONS OF PARTY OPPOSING AFFIRMATIVE RELIEF. Parties opposing
June 22, 2023    affirmative relief shall serve his/her/its designation of experts and provide written reports of
                 such experts. Reports shall not be required of any non-retained experts (including employees
                 of the parties) unless the non-retained expert has opinions which have not reasonably been
                 disclosed in his/her business records, in response to Request for Disclosure, or in deposition
                 testimony.
July 10, 2023    DESIGNATION OF REBUTTAL EXPERTS WITH REPORTS.
August 4, 2023   EXPERT DISCOVERY CLOSES. The parties are required to complete oral depositions of expert
                 witnesses by this date.
                 MOTIONS FOR SUMMARY JUDGMENT. Without leave of court for good cause shown, all
August 4, 2023   hearings for summary judgment motions must be set for hearing and heard at least thirty
                 (30) days before trial.




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                          MOTIONS TO EXLUDE EXPERT TESTIMONY. Any objection or motion to exclude or limit
                          expert testimony must be set for hearing and heard at least thirty (30) days before trial or it
                          is waived.
August 18, 2023           EXHIBITS, WITNESS LISTS, AND DEPOSITION DESIGNATIONS. Parties shall exchange
                          designations of deposition testimony to be offered in direct examination, a list of fact and
                          expert witnesses to be presented in their case in chief, and a list of exhibits, including any
                          demonstrative aids and affidavits. Any demonstrative exhibits not previously produced in
                          discovery shall be exchanged by this date. Over—designation is strongly discouraged. 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. Exhibits not timely listed will not be
                          admitted unless good cause is shown or by agreement of the parties. Parties should stipulate
                          insofar as possible as to the authenticity and admissibility of exhibits to be used at trial.
                          PRE-TRIAL MATTERS, DEPOSITION CROSS-DESIGNATIONS, OBJECTIONS. Parties shall file the
August 22, 2023           following with the Court: an estimate of the length of trial, designation of deposition
                          testimony to be offered in cross-examination, all motions in limine, written statements of the
                          parties‘ contentions, contested issues of fact and the simplification of the issues, stipulations
                          of fact, identification of outstanding legal matters to be ruled on or decided by the court, and
                          agreed applicable propositions of law and contested issues of law. Objections to materials
                          designated by any other party including exhibits, witnesses, and depOSition designations for
                          direct examination shall also be filed by this date.
August 25, 2023           OBJECTIONS TO DEPOSITION CROSS-DESIGNATIONS. The parties shall file with the Court all
                          objections to deposition cross-designations by this date.


               Signed and approved on the       2   day of                                202




                                                                                    G   JUDGE
     AGREED TO BY:
                                                                                  Michae      J. O‘Neill
     15/   Emily Taylor
     Nuru Witherspoon                                                  Senior Judge 5th Court Of Appeals
     Emily Taylor
     Attorneyslfbr Plaintw‘s                                                    Sitting By Assignment


     /s/ Tasha Barnes
     Tasha Barnes
     Morgan Wells
     Eva DeLeon
     A rtorrzcivs’ for Defendants Tasaci'am Real Estate
     d/b/a Hawthorn Suites Dallas Love Field,
     Mohammad Sadiq Noshahi, and Diamond
     Staffing Services, LLC




                                                     Page 3 of 4
/s/ Jason Hopkins
Jason Hopkins
Christopher B. Donovan
A Itorneys for Wyndham Hotels & Resorts, Inc.
And Hawthorn Suites Franchising, Inc.




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