Order: GEORGE BATIE vs. JOHN DOE, et al

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                                CAUSE NO. DC-20-09607

  GEORGE BATIE                                                                      STATE 0F TEXAS
  vs.                                                                               193m JUDICIAL DISTRICT
  JOHN DOE,            et_      al                                                  DALLAS COUNTY


                                     UNIFORM SCHEDULING ORDER   (LEVEL 2)
                  In accordance with Rules 166, 190 and 192 of the Texas Rules of Civil Procedure,
the Court      makes   the following order to control discovery and the schedule of this cause:


          1.      This case will be ready and            is set      for   JURY TRIAL 08/10/2021 AT 9:30 AM.
(the “Initial Trial Setting”).           All counsel of record as well as          all   parties are required to appear at
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 t0 the next week.
FAILURE T0 COMPLY WITH THE DEADLINES CONTAINED HEREIN SHALL
NOT SUPPORTA MOTION TO CONTINUE THIS MATTER.
          2.      Unless otherwise ordered, discovery in                     this case will   be controlled by:
          (X)     Rule 190.3 (Level 2)
of the Texas Rules 0f Civil Procedure. Except by agreement of the party, leave of court, 0r where
expressly authorized by the Texas Rules of Civil Procedure, no party may obtain discovery of
information subj ect to disclosure under Rule 194 by any other form of discovery.


          3.      Any obj ection          or motion to exclude or limit expert testimony due to qualification
of the expert or   reliability         of the opinions must be filed no              than seven (7) days after the
                                                                                 later
close of the disco{lery period, or such obj ection                  is   waived. Any such obj ection not heard (45)
days prior to the Initial Trial Setting          is   waived.   Any motion to compel            responses to discovery
(other than relation to factual matters arising after theend 0f the discovery period) must be filed
no later than seven (7) days after the close of the discovery period or such complaint is waived,
except for the sanétion of exclusion under Rule 193.6.


          4.      Arty amended pleadings asserting                   new causes of action       0r affirmative defenses
must be filed no     than thirty (3 0) days before the end of the discovery period and any other
                       later
amended pleadings must be filed no later than seven (7) days after the end of the discovery
period.   Amended pleadings              responsive to timely filed pleadings under this schedule                  may be
filed after the deadline for amended pleadings   filed within two (2) weeks after the pleading to
                                                             if

which they respond. Except with leave of court, TRCP 166a(c) motions must be heard no later
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than thirty (30) days before trial.


          5.      Novjadditional parties         may be joined more
                                                          than five (5) months after the
commencement of this case except on motion              showing good cause. This paragraph
                                                            for leave                                                        >




does not otherwise alter the requirements of Rule 38. The party joining an additional party shall
serve a copy 0f this order on the new party concurrently with the pleading joining that party.

                            .

                        I
              6.      The   parties shall mediate this case     no
                                                              than thirty (3 0) days before the Initial
                                                                     later
    Trial Setting, unless otherwise provided by court order. A11 parties must appear, in person, for
    scheduled mediation. 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.
    (X)       Unless otherwise ordered by the Court, the parties shall select a mediator by agreement;
    if the parties are unable to agree on a mediator, they shall advise the Court within one hundred
    twenty (120) days; of the date of this order; the Court will then appoint a mediator.
    7a.    Fourteen (i1 4) days before the Initial Trial Setting, in jury cases, 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;
    Rule 193.7 applies to         this designation.   On or before ten (1 0)   days before the   Initial Trial‘ Setting,

                                                meet in person to confer on stipulations regarding the
    the attorneys in charge for all parties shall
    materials to be submitted to the Court under this paragraph and attempt to maximize agreement
    0n such matters. By 4 pm on the Thursday before the Initial Trial Setting, the parties shall file
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    with the Court the‘ materials stated in Rule 166(e)-(l),-an estimate of the length 0f trial,
    designation of degosition testimony t0 be offered in direct examination, and any motions in
    limine. Failure tofifile suchmaterials         may   result in dismissal for      want of prosecution or other
    appropriate sanctiém.


              7b.                  days before the Initial Trial Setting, in non-jury cases, the parties
                      Fox‘irteen (14)
    shall   exchange and file with the Court Proposed Findings of Fact and Conclusions of Law.


              Plaintiff/Plaintiff’ s   counsel shall serve a copy of this Order 0n any currently              named
    defendant(s) answering after this date.


    “Please refer      tofiifthe   County website for Court specific           rules   and standard orders**:
                     https://www.dallascountv.org/government/courts/civil district/ 93rd/        _1




        DEADLINES SET FORTH BY THE COURT IN THIS ORDER MAY NOT BE
    AMENDED EXCEPT BY LEAVE OF THIS COURT.
              SIGNED 6n this the        13th day of August, 2020.




                                                  BRIDGETT N. WHITMORE
                                                  193RD DISTRICT JUDGE
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    cc:

    JOHN DOE
    No Known Address;
CLAYTON L PARRY
Attn   FEILDING   LAW PLLC
18601   LYNDON B_ JOHNSON FWY STE 3 15
MESQUITE TX 75150
RICHARD J BYRNE
EKVALL & BYRNE LLP
4450   SIGMA ROAD
SUITE 100
DALLAS TX 75244
RANGE M BRYSON
EKVALL & BYRNE LLP
4450 SIGMA ROAD SUITE        100
DALLAS TX 75244