Stipulation,Agreement: ANTHONY GOMEZ FIGUEROA, et al vs. PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY, et al

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                                CAUSE NO. DC-23-00824
ANTHONY GOMEZ FIGUEROA; AND                    §           IN   THE DISTRICT COURT OF
EUFEMIA HINOJOSA;




                                            §§§§§§§§§§§§
       Plaintiffs,

VS.                                                             DALLAS COUNTY, TEXAS
PROGRESSIVE COUNTY MUTUAL
INSURANCE COMPANY; AND
GABRIELLA MILAGRO FOGARTY;

       Defendants.                                              162”” JUDICIAL DISTRICT

                           AGREED SCHEDULING ORDER
       The parties submit this proposed Agreed Scheduling Order. The Court. having

considered said Order, is of the opinion that the Order should be GRANTED.

       lT IS THEREFORE ORDERED that the following pre-trial deadlines shall apply

to the above-entitled and numbered cause unless othewvise modified by agreement of

the parties or Order of the Court:

      January 17, 2024          Deadline by which all claims must be filed/all parties
                                identified including counterclaims. cross-claims and/or
                                responsible third-party claims, excluding CPRC
                                33.0040).

       March 18, 2024           Plaintiffs deadline to designate retained experts with
                                reports.

       March 18, 2024          Plaintiffs deadline to serve CPRC 18.001 affidavits for
                               treatment that occurred prior to suit. Defendants have
                               30 days from the date the affidavit is produced to
                               counter each affidavit.

       April 17,2024            Defendant's deadline to designate retained experts
                               with reports.

       May 16, 2024             Mediation deadline.




AGREED SCHEDULING ORDER — PAGE       1
         May 16. 2024             IfPlaintiff received medical treatment after filing suit the
                                  CPRC 18.001 affidavits for this treatment are due     by
                                  this date. Defendants have 3O days from the date the
                                  affidavit is produced to counter each affidavit.

        June 14, 2024             Deadline by which the parties must have completed
                                  discovery (all discovery must be initiated at a time early
                                  enough to ensure that the completion of same will not
                                  surpass this deadline).

         July 8, 2024            Deadline by which the parties file their page/line
                                  designations of video deposition testimony to be used
                                  at trial.

         July 10, 2024            Deadline by which parties file their objections to
                                  page/line designations of video deposition testimony to
                                  be used at trial.

        July 11, 2024             Deadline by which the parties must file their rebuttal
                                  page/line designations of video deposition testimony to
                                  be used at trial.

         July 11, 2024            Deadline by which the parties must file pretrial
                                  disclosures, motions in Iimine, any pre-trial motions, a
                                  proposed jury charge, and parties must exchange true
                                  and correct copies of exhibits not previously produced.

        July   1:6,   2024        JURY TRIAL


        All deadlines in this Scheduling Order may be'modifled by Rule 11 agreement,

except for the trial date. Should this case not be reached for trial on the    July 15,   2024

trial setting, absent a new scheduling order being entered or a Rule 11 agreement

stating othenlvise, the parties agree that the discovery deadline will end 30 days

 before the new trial date. Additionally, all pretriai deadlines (pretrial disclosures,

 motion in limine, and page-line designations) will be moved to the same number of

calendar days prior to trial as set out above, according to the new trial date.




AGREED SCHEDULING ORDER - PAGE 2
     The parties agree that nothing   in this   Scheduling Order will affect any party's

right to seek leave of Court under Section 18.001(i) of the Texas Civil Practice &

Remedies Code.

      SIGNED THIS        15’ day of                            .   2025



                                  JU GE              IDIN

                                                                          0M1:
                                                         /_I-iii;ci—taei.1.
                                                     3eni0r Judge 5th Caurtfi   0f Appeais
                                                            Sitting By Assignment




AGREED SCHEDULING ORDER — PAGE 3
APPROVED AS TO FORM AND CONTENT:
      WITHERITE LAW GROUP, PLLC


By
      ADAM JTFLOOD
      State Bar No. 24081618
      Adam.Flood@WitheriteLaw.com
      10440 N. Central Expressway
      Suite 400
      Dallas, TX 75231-2228
      214/378-6665
      214/378-6670 (fax)

      ATTORNEYS FOR PLAINTIFFS

      WALTERS, BALIDO    8:   CRAIN, L.L.P.


By;   ls/ Lauren Stone w/ permission
  '

      RANDALL G. WALTERS
      State Bar No. 20819480
      WaItersEDocsNotifications@wbclawfirm.com
      10440 N. Central Expressway
      15‘“ Floor
      Dallas, TX 75231—2228
      214/760-1670
      214/749-4805 (fax)

      ATTORNEYS FOR DEFENDANTS




AGREED SCHEDULING ORDER - PAGE 4