On February 17, 2023 a
Hearing
was filed
involving a dispute between
Pp2, Llc,
and
Swift Global, Llc,
for OTHER (CIVIL)
in the District Court of Dallas County.
Preview
CAUSE NO: DC-23-02131
PP2, LLC, § IN THE DISTRICT COURT
Plaintiff, g
v. g 298th JUDICIAL DISTRICT
SWIFT GLOBAL, LLC, g
Defendant. g
§ DALLAS COUNTY, TEXAS
PROPOSED UNIFORM SCHEDULING ORDER (LEVEL 3)
1. In accordance with Rules 166, 190 and 192 of the Texas Rules of Civil Procedure,
the Court makes the following order to control the schedule of this cause.
2. This case will be ready and is set for jury/nonjury trial on April 9th, 2024 at 9:00
a.m. (the “Initial Trial Setting”). Reset or continuance of the Initial 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 may be carried for that week.
FAILURE TO COMPLY WITH THE DEADLINES CONTAINED HEREIN SHALL NOT
SUPPORT A MOTION TO CONTINUE THIS MATTER.
3. Pretrial matters will be complete by the following dates:
a. amended pleadings asserting
new claims or defenses 120 days before the Initial Trial Setting
b. fact discovery closes 105 days before the Initial Trial Setting
c. party seeking affirmative relief to
designate experts & provide reports . . . . 105 days before the Initial Trial Setting
UNIFORM SCHEDULING ORDER PAGE 1
d. party opposing affilmative relief to
designate experts & provide reports 90 days before the Initial Trial Setting
e. designation of rebuttal experts and
provide reports 75 days before the Initial Trial Setting
f. all expert discovery closes 45 days before the Initial Trial Setting
g. other amended pleadings 45 days before the Initial Trial Setting
4. The parties may by written agreement alter these deadlines. 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
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. Except with leave of court, TRCP 166a(c) motions must be
heard on a Thursday or Friday no later than thirty (30) days before trial.
5. 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
6. Each side may have 75 hours of depositions and each party may have 50
interrogatories, subject to the conditions of Rule 190.3(b)(2) and (3).
7. 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
UNIFORM SCHEDULING ORDER PAGE 2
copy of this Order on the new party concurrently with the pleading joining that party.
8. 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. Motions for continuances of trial will not be granted due to failure to
mediate.
9. 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.
10. Fourteen (14) days before the Initial 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 the
Initial 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 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 p.m. on the Thursday before
the Initial 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
UNIFORM SCHEDULING ORDER PAGE 3
examination, and any motions in limine. Failure to file such material may result in dismissal for
want of prosecution or other appropriate sanction.
11. Plaintiff/Plaintiff’s counsel shall serve a copy of this order on any currently named
defendants answering after the date of this order.
SIGNED AND ENTERED at a.m./p.m. on this _ day of April, 2023.
JUDGE PRESIDING
UNIFORM SCHEDULING ORDER PAGE 4
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.
Travis Jones on behalf of Travis Jones
Bar No. 24101978
tjones@lynnllp.com
Envelope ID: 74570821
Filing Code Description: Non-Signed Proposed Order/Judgment
Filing Description: LEVEL 3
Status as of 4/13/2023 2:31 PM CST
Associated Case Party: PP2, LLC
Name BarNumber Email TimestampSubmitted Status
John D.Volney jvolney@lynnllp.com 4/12/2023 1:01 :24 PM SENT
Kristine Wheeler kwheeler@|ynnllp.com 4/12/2023 1:01:24 PM SENT
NATALIE STALLBOHM nstallbohm@lynnllp.com 4/12/2023 1:01:24 PM SENT
SCOTT SMOOT ssmoot@lynnllp.com 4/12/2023 1:01:24 PM SENT
Travis Jones tjones@lynnllp.com 4/12/2023 1:01:24 PM SENT
CHRISTOPHER SCHWEGMANN cjs@lynnllp.com 4/12/2023 1:01:24 PM SENT
Associated Case Party: SWIFT GLOBAL, LLC
Name BarNumber Email TimestampSubmitted Status
Jennifer Sanders jjacksonjd@hotmail.com 4/12/2023 1 :01 :24 PM SENT
Document Filed Date
May 19, 2023
Case Filing Date
February 17, 2023
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
CAUSE NO: DC-23-02131 PP2, LLC, § IN THE DISTRICT COURT Plaintiff, g v. g 298th JUDICIAL DISTRICT SWIFT GLOBAL, LLC, g Defendant. g § DALLAS COUNTY, TEXAS PROPOSED UNIFORM SCHEDULING ORDER (LEVEL 3) 1. In accordance with Rules 166, 190 and 192 of the Texas Rules of Civil Procedure, the Court makes the following order to control the schedule of this cause. 2. This case will be ready and is set for jury/nonjury trial on April 9th, 2024 at 9:00 a.m. (the “Initial Trial Setting”). Reset or continuance of the Initial 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 may be carried for that week. FAILURE TO COMPLY WITH THE DEADLINES CONTAINED HEREIN SHALL NOT SUPPORT A MOTION TO CONTINUE THIS MATTER. 3. Pretrial matters will be complete by the following dates: a. amended pleadings asserting new claims or defenses 120 days before the Initial Trial Setting b. fact discovery closes 105 days before the Initial Trial Setting c. party seeking affirmative relief to designate experts & provide reports . . . . 105 days before the Initial Trial Setting UNIFORM SCHEDULING ORDER PAGE 1 d. party opposing affilmative relief to designate experts & provide reports 90 days before the Initial Trial Setting e. designation of rebuttal experts and provide reports 75 days before the Initial Trial Setting f. all expert discovery closes 45 days before the Initial Trial Setting g. other amended pleadings 45 days before the Initial Trial Setting 4. The parties may by written agreement alter these deadlines. 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 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. Except with leave of court, TRCP 166a(c) motions must be heard on a Thursday or Friday no later than thirty (30) days before trial. 5. 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 6. Each side may have 75 hours of depositions and each party may have 50 interrogatories, subject to the conditions of Rule 190.3(b)(2) and (3). 7. 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 UNIFORM SCHEDULING ORDER PAGE 2 copy of this Order on the new party concurrently with the pleading joining that party. 8. 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. Motions for continuances of trial will not be granted due to failure to mediate. 9. 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. 10. Fourteen (14) days before the Initial 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 the Initial 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 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 p.m. on the Thursday before the Initial 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 UNIFORM SCHEDULING ORDER PAGE 3 examination, and any motions in limine. Failure to file such material may result in dismissal for want of prosecution or other appropriate sanction. 11. Plaintiff/Plaintiff’s counsel shall serve a copy of this order on any currently named defendants answering after the date of this order. SIGNED AND ENTERED at a.m./p.m. on this _ day of April, 2023. JUDGE PRESIDING UNIFORM SCHEDULING ORDER PAGE 4 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. Travis Jones on behalf of Travis Jones Bar No. 24101978 tjones@lynnllp.com Envelope ID: 74570821 Filing Code Description: Non-Signed Proposed Order/Judgment Filing Description: LEVEL 3 Status as of 4/13/2023 2:31 PM CST Associated Case Party: PP2, LLC Name BarNumber Email TimestampSubmitted Status John D.Volney jvolney@lynnllp.com 4/12/2023 1:01 :24 PM SENT Kristine Wheeler kwheeler@|ynnllp.com 4/12/2023 1:01:24 PM SENT NATALIE STALLBOHM nstallbohm@lynnllp.com 4/12/2023 1:01:24 PM SENT SCOTT SMOOT ssmoot@lynnllp.com 4/12/2023 1:01:24 PM SENT Travis Jones tjones@lynnllp.com 4/12/2023 1:01:24 PM SENT CHRISTOPHER SCHWEGMANN cjs@lynnllp.com 4/12/2023 1:01:24 PM SENT Associated Case Party: SWIFT GLOBAL, LLC Name BarNumber Email TimestampSubmitted Status Jennifer Sanders jjacksonjd@hotmail.com 4/12/2023 1 :01 :24 PM SENT