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CAUSE NO. DC—23-00797
HUNTER FENCE, § IN THE DISTRICT COURT OF
§
Plaintifl §
§
V. § DALLAS COUNTY, TEXAS
§
RICKY STOVER and §
TEXAS LAND & LAKES LLC, §
Defendants § 44TH JUDICIAL DISTRICT
AGREED SCHEDULING ORDER
The following agreed scheduling order shall apply to this case. If no date is given below,
the item is governed by the Texas Rules of Civil Procedure or the Local Rules of the District Courts
of Dallas County. In the event of a conflict, this order shall supersede any previous order or
agreement of the parties with respect to that item.
No additional parties may be joined more than five (5) months after the filing of this case,
which occurred on January 18, 2023, 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. Unless otherwise provided by agreement between the parties or further court order, reset
or continuance of the Initial Trial Setting, as defined below, will not alter any deadlines established
in this Order, except those described in paragraph numbered seven (7) of this Order or established
by the Texas Rules of Civil Procedure. If not reached as set, the case may be carried to the next
week
l. Friday, October 27, 2023. Plaintiff shall designate and produce the information
specified by Rule 194.2(f) by this date for any testifying experts.
2. Friday, December 1, 2023. Defendants shall designate and produce the
information specified by Rule 194.2(f) by this date for any testifying experts.
3. Friday, December 22, 2023. Rebuttal experts, if any, shall be disclosed by this
date.
4. Friday, January 26, 2024. The parties shall amend pleadings by this date. A party
served with an amendment may respond to the amendment Within seven days of being served.
5. Friday, February 16, 2024. The parties shall file dispositive motions and expert
challenges by this date.
6. Monday, March 4, 2024. The parties shall complete mediation and discovery by
this date.
a. Unless the parties agree otherwise, Ross Stoddard will serve as the
mediator. Mediation will be conducted in accordance with the Standing Dallas County
Civil District Court Order Regarding Mediation.
b. By this date Tex. R. Civ. Proc. 194.4 disclosures must be served.
c. Discovery requests must be served sufficiently in advance of this date so
that the deadline for response will be on or before this date. 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 from this date or such complaint
is waived, except for the sanction of exclusion under Rule 193.6.
7. Monday, March 18, 2024. On this date, being 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 affidavits, each exhibit must be identified separately and not by category
or group designation. Tex. R. Civ. Proc. 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 4:00 pm on the Thursday before the
Initial Trial Setting, the parties shall file with the Court the materials stated in Tex. R. CiV. Proc.
l66(e)—(1), 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.
8. Monday, April 1, 2024. Jury trial shall begin on this date (the “Initial Trial
Setting”).
9. Except for the deadlines of paragraph numbered seven (7), the parties may change
any deadline in this Agreed Scheduling Order by written agreement without leave of court.
Plaintiff’s counsel shall serve a copy of this Order on any defendant(s) making their appearance
after this date.
SIGNED this day of , 2023.
JUDGE PRESIDING
AGREED:
/S/Dvlan B. Russell
Dylan B. Russell
HOOVER SLOVACEK LLP
ATTORNEYS FOR PLAINTIFF
HUNTER FENCE
/s/ Breck Harrison
Breck Harrison
Philip D. Mockford
JACKSON WALKER L.L.P.
ATTORNEYS FOR DEFENDANT
TEXAS LAND & LAKES, LLC
36080284V.1
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.
Mary Coronado on behalf of Breck Harrison
Bar No. 24007325
mcoronado@jw.com
Envelope ID: 75245030
Filing Code Description: Non-Signed Proposed Order/Judgment
Filing Description: - AGREED SCHEDULING ORDER
Status as of 5/2/2023 4:50 PM CST
Associated Case Party: TEXAS LAND & LAKES LLC
Name BarNumber Email TimestampSubmitted Status
Dale Mockford dmockford@jw.com 5/2/2023 4:38:39 PM SENT
Breck Harrison bharrison@jw.com 5/2/2023 4:38:39 PM SENT
Associated Case Party: HUNTER PENCE
Name BarNumber Email TimestampSubmitted Status
Dylan B.Russell russell@hooverslovacek.com 5/2/2023 4:38:39 PM SENT
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CAUSE NO. DC—23-00797 HUNTER FENCE, § IN THE DISTRICT COURT OF § Plaintifl § § V. § DALLAS COUNTY, TEXAS § RICKY STOVER and § TEXAS LAND & LAKES LLC, § Defendants § 44TH JUDICIAL DISTRICT AGREED SCHEDULING ORDER The following agreed scheduling order shall apply to this case. If no date is given below, the item is governed by the Texas Rules of Civil Procedure or the Local Rules of the District Courts of Dallas County. In the event of a conflict, this order shall supersede any previous order or agreement of the parties with respect to that item. No additional parties may be joined more than five (5) months after the filing of this case, which occurred on January 18, 2023, 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. Unless otherwise provided by agreement between the parties or further court order, reset or continuance of the Initial Trial Setting, as defined below, will not alter any deadlines established in this Order, except those described in paragraph numbered seven (7) of this Order or established by the Texas Rules of Civil Procedure. If not reached as set, the case may be carried to the next week l. Friday, October 27, 2023. Plaintiff shall designate and produce the information specified by Rule 194.2(f) by this date for any testifying experts. 2. Friday, December 1, 2023. Defendants shall designate and produce the information specified by Rule 194.2(f) by this date for any testifying experts. 3. Friday, December 22, 2023. Rebuttal experts, if any, shall be disclosed by this date. 4. Friday, January 26, 2024. The parties shall amend pleadings by this date. A party served with an amendment may respond to the amendment Within seven days of being served. 5. Friday, February 16, 2024. The parties shall file dispositive motions and expert challenges by this date. 6. Monday, March 4, 2024. The parties shall complete mediation and discovery by this date. a. Unless the parties agree otherwise, Ross Stoddard will serve as the mediator. Mediation will be conducted in accordance with the Standing Dallas County Civil District Court Order Regarding Mediation. b. By this date Tex. R. Civ. Proc. 194.4 disclosures must be served. c. Discovery requests must be served sufficiently in advance of this date so that the deadline for response will be on or before this date. 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 from this date or such complaint is waived, except for the sanction of exclusion under Rule 193.6. 7. Monday, March 18, 2024. On this date, being 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 affidavits, each exhibit must be identified separately and not by category or group designation. Tex. R. Civ. Proc. 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 4:00 pm on the Thursday before the Initial Trial Setting, the parties shall file with the Court the materials stated in Tex. R. CiV. Proc. l66(e)—(1), 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. 8. Monday, April 1, 2024. Jury trial shall begin on this date (the “Initial Trial Setting”). 9. Except for the deadlines of paragraph numbered seven (7), the parties may change any deadline in this Agreed Scheduling Order by written agreement without leave of court. Plaintiff’s counsel shall serve a copy of this Order on any defendant(s) making their appearance after this date. SIGNED this day of , 2023. JUDGE PRESIDING AGREED: /S/Dvlan B. Russell Dylan B. Russell HOOVER SLOVACEK LLP ATTORNEYS FOR PLAINTIFF HUNTER FENCE /s/ Breck Harrison Breck Harrison Philip D. Mockford JACKSON WALKER L.L.P. ATTORNEYS FOR DEFENDANT TEXAS LAND & LAKES, LLC 36080284V.1 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. Mary Coronado on behalf of Breck Harrison Bar No. 24007325 mcoronado@jw.com Envelope ID: 75245030 Filing Code Description: Non-Signed Proposed Order/Judgment Filing Description: - AGREED SCHEDULING ORDER Status as of 5/2/2023 4:50 PM CST Associated Case Party: TEXAS LAND & LAKES LLC Name BarNumber Email TimestampSubmitted Status Dale Mockford dmockford@jw.com 5/2/2023 4:38:39 PM SENT Breck Harrison bharrison@jw.com 5/2/2023 4:38:39 PM SENT Associated Case Party: HUNTER PENCE Name BarNumber Email TimestampSubmitted Status Dylan B.Russell russell@hooverslovacek.com 5/2/2023 4:38:39 PM SENT