On April 11, 2023 a
Order
was filed
involving a dispute between
Abell, Joseph D,
and
Kroger Texas L.P. D B A Kroger Store No. K034 East Houston,
Reddy Ice, Llc,
for Other Injury or Damage - Over $250,000
in the District Court of Montgomery County.
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RECEIVED AND FILED
FOR RECORD
4/21/2023 3:57 PM
Melisa Miller, District Clerk
CAUSE NO. 23-04-05276 Montgomery County, Texas
JOSEPH D ABELL IN THE DISTRICT COURT OF
vs. MONTGOMERY COUNTY, TEXAS
KROGER TEXAS L.P. D/B/A KROGER § 457™ JUDICIAL DISTRICT
STORE NO. K034 EAST/HOUSTON
DOCKET CONTROL ORDER
IT IS ORDERED that this Docket Control Order shall control the disposition of this matter; the Texas Rules of
Civil Procedure shall control in computing any period of time not addressed within this Order; and any date that falls on a
weekend or legal holiday (as determined by the Montgomery County Commissioners Court) shall be moved to the first
business day thereafter.
IT IS ORDERED THAT THE PLAINTIFF MUST IMMEDIATELY SEND A COPY OF THIS DOCKET CONTROL
ORDER, BY A METHOD PRESCRIBED BY RULE 2la, TO EACH AND EVERY PARTY ANSWERING OR
OTHERWISE APPEARING IN THIS CASE AFTER THE DATE THIS ORDER IS SIGNED.
PLEADING DEADLINE: 150 DAYS BEFORE TRIAL
All amendments and supplements to pleadings must be filed by this date.
EXPERT WITNESS DESIGNATION:
A list shall be filed which includes each expert’s name, address, telephone number, the subject of the testimony,
and the opinions that will be proffered by each expert. Experts not listed in compliance with this paragraph
will not be permitted to testify absent a showing of an exception under Rule 193.6. A Rule 195 disclosure is
not a substitute for this filed designation.
(a) Parties seeking affirmative relief 150 DAYS BEFORE TRIAL
(b) All other parties 120 DAYS BEFORE TRIAL
DISCOVERY RESPONSES: 90 DAYS BEFORE TRIAL
By no later than this date, all written discovery responses must be due, all responses and supplements must be
completed, and all depositions must be completed, read, and signed.
EXPERT CHALLENGE HEARINGS: 75 DAYS BEFORE TRIAL
All challenges to expert witnesses must be set for a hearing to occur by this date. Failure to obtain such a hearing
is a waiver of any Rule 702 objection.
SUMMARY JUDGMENTS: 30 DAYS BEFORE TRIAL
All such motions shall be set for a submission docket which is no later than this date.
ALTERNATIVE DISPUTE RESOLUTION 30 DAYS BEFORE TRIAL
This case is referred for Alternative Dispute Resolution (ADR) under the Court’s Standing Order on Alternative
Dispute Resolution.
https://www.mctx.org/departments/departments_d_-_f/district_courts/457thdistrict_court.php
ADR shall be completed on or before this date. By Rule 11 agreement filed with the District Clerk, the parties
may agree to an ADR date between this date and the trial date so long as ADR is completed before the trial date.
MOTIONS FOR CONTINUANCE: 15 DAYS BEFORE TRIAL
All motions for continuance of the Trial Date must be filed at least 15 days before the trial date, except in exigent
circumstances, and will be considered by the Court without necessity of submission if they are agreed.
JOINT NOTICE FILING: 14 DAYS BEFORE TRIAL
All parties will file a SINGLE Joint Notice with the Court, answering:
() Are you ready for trial?
2) What is the estimated length of time for trial?
(3) Do you need a Pre-Trial conference and, if so, why?
- The Court will take up pre-trial motions in the hour prior to trial. You should request a
Pre-Trial conference only if you need more time than that.
(4) Are there any pending motions? If so, what are they and when were they filed?
(5) Have the parties mediated? If so, when? If the parties have not mediated, is there mediation
scheduled prior to trial?
(6) Are there any special needs or accommodations for the presentation of the case, including any
issues related to the availability of counsel and witnesses?
If there is a disagreement among the parties as to any of these six items, the Joint Notice will state the positions of
each of the parties.
ANY PARTY WHO FAILS TO PARTICIPATE IN THE DRAFTING PROCESS WILL BE SUBJECT
TO SANCTIONS, INCLUDING DISMISSAL FOR WANT OF PROSECUTION AND A FINDING OF
ABANDONMENT OF CLAIMS OR DEFENSES PURSUANT TO TEXAS RULES OF CIVIL
PROCEDURE 165 AND 165a.
- If any party does not participate with the Joint Notice, the party or parties filing the Joint Notice shall
identify who did not participate.
IF A JOINT NOTICE IS NOT TIMELY FILED, THE COURT WILL PRESUME THAT THE PARTIES
HAVE NO FURTHER INTEREST IN PURSUING OR DEFENDING THIS MATTER AND THE
COURT WILL DISPOSE OF THIS SUIT BY DISMISSAL FOR WANT OF PROSECUTION AND A
FINDING OF ABANDONMENT OF CLAIMS OR DEFENSES PURSUANT TO TEXAS RULES OF
CIVIL PROCEDURE 165 AND 165a.
PRE-TRIAL MATERIALS: 14 DAYS BEFORE TRIAL
By no later than this date, all parties shall exchange with each other and file the following:
a. EXHIBIT LIST. All exhibits to be offered at trial shall be pre-marked and identified by exhibit number
on the list, with exhibits served on other parties, but not filed. Any party requiring authentication of an
exhibit must file and serve notice of same within 7 days after the exhibit is provided; FAILURE TO DO
SO IS AN ADMISSION TO AN EXHIBIT’S AUTHENTICITY. All exhibits which the parties agree to
admit shall be admitted into evidence as a first order of business on the trial date. All Exhibits shall be
digital and provided to the Court Reporter. Each exhibit shall not exceed 100MB. Digital Evidence shall
be labeled with Exhibit Number or Letter without Description.
WITNESS LIST. All witnesses who are anticipated to be called to testify at trial, including all experts
shall be on the Witness List.
DEPOSITION EXCERPTS. All deposition excerpts that may be offered at trial in lieu of live
testimony shall be identified by specific designated pages and line numbers.
MOTIONS IN LIMINE. Motions In Limine should be specific to the case. Please do not duplicate the
items which already appear in the Court’s Standing Order Jn Limine.
JURY CHARGE. If the trial is to a jury, a proposed jury charge shall be both filed and provided via
email to the Court Administrator and Court Coordinator.
FINDING OF FACT/CONCLUSIONS OF LAW. If the trial is to the bench, proposed findings of Fact
and Conclusions of Law shall be both filed and provided via email to the Court Administrator and Court
Coordinator.
10. PRE-TRIAL CONFERENCE THURSDAY BEFORE TRIAL
The Court will set pre-trial conferences based on the Court’s own motion or on request of the parties. The Court
will notice all Pre-Trial conferences. Only those parties notified by the Court shall appear.
11 TRIAL DECEMBER 04, 2023
This case is set for TRIAL on a two-week rolling docket beginning at 9:00 a.m. on the above date. If the case is
not assigned by the second Friday following this date, then the case will be reset. You are instructed to monitor
the Court’s website to determine at what date and time you should appear:
https://www.mctx.org/departments/departments_d_-_f/district_courts/457thdistrict_court.php
UNLESS OTHERWISE ORDERED BY THE COURT, THE FOREGOING DATES AS CALCULATED FROM
THE TRIAL DATE STATED HEREIN REMAIN THE APPLICABLE DEADLINES FOR THIS CASE EVEN IF
THE TRIAL DATE IS RESET AND REGARDLESS OF THE REASON FOR ANY RESET.
THIS CASE WILL BE DISMISSED FOR WANT OF PROSECUTION WITH NO FURTHER NOTICE FROM
THE COURT IF PLAINTIFFS FAIL TO APPEAR AT THE SCHEDULED PRETRIAL (IF REQUESTED OR
SET BY COURT) OR TRIAL HEARING IN THE ABSENCE OF AN ORDER FROM THE COURT EXCUSING
SUCH APPEARANCE.
Signed on this the 21st day of April, 2023
VINCENZO J. SAN'MNI, JUDGE PRESIDING
457 JUDICIAL DISTRICT COURT
Sent to: hcdocket@hope-causey.com; bca@akersfirm.com
Document Filed Date
April 27, 2023
Case Filing Date
April 11, 2023
Category
Other Injury or Damage - Over $250,000
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RECEIVED AND FILED FOR RECORD 4/21/2023 3:57 PM Melisa Miller, District Clerk CAUSE NO. 23-04-05276 Montgomery County, Texas JOSEPH D ABELL IN THE DISTRICT COURT OF vs. MONTGOMERY COUNTY, TEXAS KROGER TEXAS L.P. D/B/A KROGER § 457™ JUDICIAL DISTRICT STORE NO. K034 EAST/HOUSTON DOCKET CONTROL ORDER IT IS ORDERED that this Docket Control Order shall control the disposition of this matter; the Texas Rules of Civil Procedure shall control in computing any period of time not addressed within this Order; and any date that falls on a weekend or legal holiday (as determined by the Montgomery County Commissioners Court) shall be moved to the first business day thereafter. IT IS ORDERED THAT THE PLAINTIFF MUST IMMEDIATELY SEND A COPY OF THIS DOCKET CONTROL ORDER, BY A METHOD PRESCRIBED BY RULE 2la, TO EACH AND EVERY PARTY ANSWERING OR OTHERWISE APPEARING IN THIS CASE AFTER THE DATE THIS ORDER IS SIGNED. PLEADING DEADLINE: 150 DAYS BEFORE TRIAL All amendments and supplements to pleadings must be filed by this date. EXPERT WITNESS DESIGNATION: A list shall be filed which includes each expert’s name, address, telephone number, the subject of the testimony, and the opinions that will be proffered by each expert. Experts not listed in compliance with this paragraph will not be permitted to testify absent a showing of an exception under Rule 193.6. A Rule 195 disclosure is not a substitute for this filed designation. (a) Parties seeking affirmative relief 150 DAYS BEFORE TRIAL (b) All other parties 120 DAYS BEFORE TRIAL DISCOVERY RESPONSES: 90 DAYS BEFORE TRIAL By no later than this date, all written discovery responses must be due, all responses and supplements must be completed, and all depositions must be completed, read, and signed. EXPERT CHALLENGE HEARINGS: 75 DAYS BEFORE TRIAL All challenges to expert witnesses must be set for a hearing to occur by this date. Failure to obtain such a hearing is a waiver of any Rule 702 objection. SUMMARY JUDGMENTS: 30 DAYS BEFORE TRIAL All such motions shall be set for a submission docket which is no later than this date. ALTERNATIVE DISPUTE RESOLUTION 30 DAYS BEFORE TRIAL This case is referred for Alternative Dispute Resolution (ADR) under the Court’s Standing Order on Alternative Dispute Resolution. https://www.mctx.org/departments/departments_d_-_f/district_courts/457thdistrict_court.php ADR shall be completed on or before this date. By Rule 11 agreement filed with the District Clerk, the parties may agree to an ADR date between this date and the trial date so long as ADR is completed before the trial date. MOTIONS FOR CONTINUANCE: 15 DAYS BEFORE TRIAL All motions for continuance of the Trial Date must be filed at least 15 days before the trial date, except in exigent circumstances, and will be considered by the Court without necessity of submission if they are agreed. JOINT NOTICE FILING: 14 DAYS BEFORE TRIAL All parties will file a SINGLE Joint Notice with the Court, answering: () Are you ready for trial? 2) What is the estimated length of time for trial? (3) Do you need a Pre-Trial conference and, if so, why? - The Court will take up pre-trial motions in the hour prior to trial. You should request a Pre-Trial conference only if you need more time than that. (4) Are there any pending motions? If so, what are they and when were they filed? (5) Have the parties mediated? If so, when? If the parties have not mediated, is there mediation scheduled prior to trial? (6) Are there any special needs or accommodations for the presentation of the case, including any issues related to the availability of counsel and witnesses? If there is a disagreement among the parties as to any of these six items, the Joint Notice will state the positions of each of the parties. ANY PARTY WHO FAILS TO PARTICIPATE IN THE DRAFTING PROCESS WILL BE SUBJECT TO SANCTIONS, INCLUDING DISMISSAL FOR WANT OF PROSECUTION AND A FINDING OF ABANDONMENT OF CLAIMS OR DEFENSES PURSUANT TO TEXAS RULES OF CIVIL PROCEDURE 165 AND 165a. - If any party does not participate with the Joint Notice, the party or parties filing the Joint Notice shall identify who did not participate. IF A JOINT NOTICE IS NOT TIMELY FILED, THE COURT WILL PRESUME THAT THE PARTIES HAVE NO FURTHER INTEREST IN PURSUING OR DEFENDING THIS MATTER AND THE COURT WILL DISPOSE OF THIS SUIT BY DISMISSAL FOR WANT OF PROSECUTION AND A FINDING OF ABANDONMENT OF CLAIMS OR DEFENSES PURSUANT TO TEXAS RULES OF CIVIL PROCEDURE 165 AND 165a. PRE-TRIAL MATERIALS: 14 DAYS BEFORE TRIAL By no later than this date, all parties shall exchange with each other and file the following: a. EXHIBIT LIST. All exhibits to be offered at trial shall be pre-marked and identified by exhibit number on the list, with exhibits served on other parties, but not filed. Any party requiring authentication of an exhibit must file and serve notice of same within 7 days after the exhibit is provided; FAILURE TO DO SO IS AN ADMISSION TO AN EXHIBIT’S AUTHENTICITY. All exhibits which the parties agree to admit shall be admitted into evidence as a first order of business on the trial date. All Exhibits shall be digital and provided to the Court Reporter. Each exhibit shall not exceed 100MB. Digital Evidence shall be labeled with Exhibit Number or Letter without Description. WITNESS LIST. All witnesses who are anticipated to be called to testify at trial, including all experts shall be on the Witness List. DEPOSITION EXCERPTS. All deposition excerpts that may be offered at trial in lieu of live testimony shall be identified by specific designated pages and line numbers. MOTIONS IN LIMINE. Motions In Limine should be specific to the case. Please do not duplicate the items which already appear in the Court’s Standing Order Jn Limine. JURY CHARGE. If the trial is to a jury, a proposed jury charge shall be both filed and provided via email to the Court Administrator and Court Coordinator. FINDING OF FACT/CONCLUSIONS OF LAW. If the trial is to the bench, proposed findings of Fact and Conclusions of Law shall be both filed and provided via email to the Court Administrator and Court Coordinator. 10. PRE-TRIAL CONFERENCE THURSDAY BEFORE TRIAL The Court will set pre-trial conferences based on the Court’s own motion or on request of the parties. The Court will notice all Pre-Trial conferences. Only those parties notified by the Court shall appear. 11 TRIAL DECEMBER 04, 2023 This case is set for TRIAL on a two-week rolling docket beginning at 9:00 a.m. on the above date. If the case is not assigned by the second Friday following this date, then the case will be reset. You are instructed to monitor the Court’s website to determine at what date and time you should appear: https://www.mctx.org/departments/departments_d_-_f/district_courts/457thdistrict_court.php UNLESS OTHERWISE ORDERED BY THE COURT, THE FOREGOING DATES AS CALCULATED FROM THE TRIAL DATE STATED HEREIN REMAIN THE APPLICABLE DEADLINES FOR THIS CASE EVEN IF THE TRIAL DATE IS RESET AND REGARDLESS OF THE REASON FOR ANY RESET. THIS CASE WILL BE DISMISSED FOR WANT OF PROSECUTION WITH NO FURTHER NOTICE FROM THE COURT IF PLAINTIFFS FAIL TO APPEAR AT THE SCHEDULED PRETRIAL (IF REQUESTED OR SET BY COURT) OR TRIAL HEARING IN THE ABSENCE OF AN ORDER FROM THE COURT EXCUSING SUCH APPEARANCE. Signed on this the 21st day of April, 2023 VINCENZO J. SAN'MNI, JUDGE PRESIDING 457 JUDICIAL DISTRICT COURT Sent to: hcdocket@hope-causey.com; bca@akersfirm.com