On June 07, 2019 a
Order
was filed
involving a dispute between
Ainsworth, Ashton,
Elite Racing Development Llc,
and
Engle Martin & Associates Llc,
Gessel, Andrew Van,
Gonzalo Jimenez Insurance Agency Inc,
Jimenez, Bryan,
Jimenez, Gonzalo,
K&K Insurance Group,
National Casualty Company,
Nationwide Mutual Insurance Company,
Navas, Saray,
Prescott, Natalie,
Scottsdale Insurance Company,
Spindle Group Inc,
for Debt/Contract - Consumer/DTPA
in the District Court of Harris County.
Preview
4/24/2020 1:23:10 PM
Marilyn Burgess - District Clerk
Harris Count,
Envelope No: 42536711
By: ESPINOZA, BRENDA A
Filed: 4/24/2020 1:23:10 PM
Pgs-3
CAUSE NO. 2019-39477
DCORX
ELITE RACING DEVELOPMENT, LLC, IN THE DISTRICT COURT OF CAFX
and ASHTON AINSWORTH, Individually
and as Sole Owner of ELITE RACING
DEVELOPMENT, LLC
Plaintiffs,
Vv 618! JUDICIAL DISTRICT
NATIONAL CASUALTY COMPANY,
etal.
Defendants. HARRIS COUNTY, TEXAS
ORDER GRANTING DEFENDANTS’ UNOPPOSED MOTION FOR CONTINUANCE
AND FIRST AMENDED DOCKET CONTROL ORDER
On this day, the Court considered Defendants’ Unopposed Motion for Continuance and
Modification of Docket Control Order. After reviewing the pleadings, the Court finds the Motion
should be GRANTED. Therefore, the Court ORDERS that the following docket control order shall
apply to this case unless modified by the court. If no date is given below, the item is governed
by the Texas Rules of Civil Procedure.
1. February 21,2020 JOINDER. All parties must be added and served, whether by amendment
or third party practice, by this date. THE PARTY CAUSING THE
JOINDER SHALL PROVIDE A COPY OF THIS DOCKET CONTROL
ORDER AT THE TIME OF SERVICE.
EXPERT WITNESS DESIGNATION. Expert witness designations are
required and must be served by the following dates The designation must
include the information listed in Rule 194.2 (f). Failure to timely respond
will be governed by Rule 193.6.
(a) March 23, 2020 Experts for parties seeking affirmative relief.
(b) April 22, 2020 All other experts.
3. STATUS CONFERENCE, Parties shall be prepared to discuss all
aspects of the case, including ADR, with the court on this date. TIME:
Failure to appear will be grounds for dismissal for want of prosecution.
DISCOVERY LIMITATIONS. The discovery limitations of Rule
190.2, if applicable or otherwise of Rule 190.3 apply unless changed
below:
(a) Total hours per side for oral depositions.
(b) Number of interrogatories that may be served by each party on any other
party.
5, ALTERNATIVE DISPUTE RESOLUTION.
@) October 2, 2020 By this date the parties must either (1) file an, agreement for ADR stating
the form of ADR requested and the name of an agreed mediator, if
applicable; or (2) set an objection to ADR. If no agreement or objection
is filed, the court may sign an ADR order.
(b) ADR conducted pursuant to the agreement of the parties must be completed
by this date
6. November 2, 2020 DISCOVERY PERIOD ENDS. All discoveries must be conducted
before the end of the discovery period. Parties seeking discovery must serve
requests sufficiently far in advance of the end of the discovery period that
the deadline for responding, will be written the discovery period. Counsel
may conduct discovery beyond this deadline by agreement Incomplete
discovery will not delay the trial.
DISPOSITIVE MOTIONS AND PLEAS. Must be heard by oral hearing
or submission
(a) Tf subject to an interlocutory appeal, dispositive motions or pleas must be
heard by this date.
(b) December 31. 2020 Summary judgment motions not subject to an interlocutory appeal must be
heard by this date.
(c) Rule 166a(i) motions may not be heard before this date.
8. November 20.2020 CHALLENGES TO EXPERT TESTIMONY. All motions to
exclude expert testimony and evidentiary challenges to expert testimony
must be filed by this date, unless extended by leave of court.
9. November 20, 2020 PLEADINGS. All amendments and supplements must be filed by
this date. This order does not preclude prompt filing of pleadings directly
responsive to any timely filed pleadings
10. Parties shall be prepared to discuss all aspects of trial with the court on this
date.
TIME Failure to appear will be grounds for dismissal for want of
prosecution.
11. January 18,2021 TRIAL. If not assigned by the second Friday following this date, the case
will be reset
SIGNED this day of , 2020.
Signed:
4/28/2020 Sen, Page
JUDGE PRESIDING
Agreed:
/s/ Cuong M. Le (w/ permission CDD) /s/ Patrick M. Kemp
Cuong M. Le Patrick M. Kemp
Texas Bar No, 24042930 Texas Bar No. 24043751
cle@houstontxlawfirm.com pkemp@smsm.com
Law Office Cuong M. Le, PLLC Robert G. Wall
10150 Antoine Drive, Suite 300 Texas Bar No. 24072411
Houston, Texas 77086 rwall@smsm.com
(281) 495-2510 C Daniel DiLizia
(281) 495-2539 — Facsimile Texas Bar No, 24099800
ddilizia@smsm.com
ATTORNEYS FOR THE SPINDLE Segal McCambridge Singer & Mahoney
GROUP 100 Congress Avenue, Suite 800
Austin, Texas 78701
/s/ I. Ray Edwards (w/ permission CDD) (512) 476-7834
E. Ray Edwards (512) 476-7832 — Facsimile
Texas Bar No. 06443700
Eray.Edwards@sbcglobal.net ATTORNEYS FOR NATIONAL
Gann & Edwards CASUALTY COMPANY, K&Kk
7500 San Felipe, Suite 777 INSURANCE GROUP, INC., ENGLE
Houston, Texas MARTIN & ASSOCIATES, LLC,
(713) 787-0003 ANDREW VAN GESSEL, NATALIE
(713) 782-6785 — Facsimile PRESCOTT, NATIONWIDE MUTUAL
INSURANCE COMPANY &
ATTORNEYS FOR BRYAN JIMENEZ, SCOTTSDALE INSURANCE COMPANY
SARAY NAVAS, GONZALO JIMENEZ
INSURANCE, AND GONZALO
JIMENEZ
Preview
4/24/2020 1:23:10 PM Marilyn Burgess - District Clerk Harris Count, Envelope No: 42536711 By: ESPINOZA, BRENDA A Filed: 4/24/2020 1:23:10 PM Pgs-3 CAUSE NO. 2019-39477 DCORX ELITE RACING DEVELOPMENT, LLC, IN THE DISTRICT COURT OF CAFX and ASHTON AINSWORTH, Individually and as Sole Owner of ELITE RACING DEVELOPMENT, LLC Plaintiffs, Vv 618! JUDICIAL DISTRICT NATIONAL CASUALTY COMPANY, etal. Defendants. HARRIS COUNTY, TEXAS ORDER GRANTING DEFENDANTS’ UNOPPOSED MOTION FOR CONTINUANCE AND FIRST AMENDED DOCKET CONTROL ORDER On this day, the Court considered Defendants’ Unopposed Motion for Continuance and Modification of Docket Control Order. After reviewing the pleadings, the Court finds the Motion should be GRANTED. Therefore, the Court ORDERS that the following docket control order shall apply to this case unless modified by the court. If no date is given below, the item is governed by the Texas Rules of Civil Procedure. 1. February 21,2020 JOINDER. All parties must be added and served, whether by amendment or third party practice, by this date. THE PARTY CAUSING THE JOINDER SHALL PROVIDE A COPY OF THIS DOCKET CONTROL ORDER AT THE TIME OF SERVICE. EXPERT WITNESS DESIGNATION. Expert witness designations are required and must be served by the following dates The designation must include the information listed in Rule 194.2 (f). Failure to timely respond will be governed by Rule 193.6. (a) March 23, 2020 Experts for parties seeking affirmative relief. (b) April 22, 2020 All other experts. 3. STATUS CONFERENCE, Parties shall be prepared to discuss all aspects of the case, including ADR, with the court on this date. TIME: Failure to appear will be grounds for dismissal for want of prosecution. DISCOVERY LIMITATIONS. The discovery limitations of Rule 190.2, if applicable or otherwise of Rule 190.3 apply unless changed below: (a) Total hours per side for oral depositions. (b) Number of interrogatories that may be served by each party on any other party. 5, ALTERNATIVE DISPUTE RESOLUTION. @) October 2, 2020 By this date the parties must either (1) file an, agreement for ADR stating the form of ADR requested and the name of an agreed mediator, if applicable; or (2) set an objection to ADR. If no agreement or objection is filed, the court may sign an ADR order. (b) ADR conducted pursuant to the agreement of the parties must be completed by this date 6. November 2, 2020 DISCOVERY PERIOD ENDS. All discoveries must be conducted before the end of the discovery period. Parties seeking discovery must serve requests sufficiently far in advance of the end of the discovery period that the deadline for responding, will be written the discovery period. Counsel may conduct discovery beyond this deadline by agreement Incomplete discovery will not delay the trial. DISPOSITIVE MOTIONS AND PLEAS. Must be heard by oral hearing or submission (a) Tf subject to an interlocutory appeal, dispositive motions or pleas must be heard by this date. (b) December 31. 2020 Summary judgment motions not subject to an interlocutory appeal must be heard by this date. (c) Rule 166a(i) motions may not be heard before this date. 8. November 20.2020 CHALLENGES TO EXPERT TESTIMONY. All motions to exclude expert testimony and evidentiary challenges to expert testimony must be filed by this date, unless extended by leave of court. 9. November 20, 2020 PLEADINGS. All amendments and supplements must be filed by this date. This order does not preclude prompt filing of pleadings directly responsive to any timely filed pleadings 10. Parties shall be prepared to discuss all aspects of trial with the court on this date. TIME Failure to appear will be grounds for dismissal for want of prosecution. 11. January 18,2021 TRIAL. If not assigned by the second Friday following this date, the case will be reset SIGNED this day of , 2020. Signed: 4/28/2020 Sen, Page JUDGE PRESIDING Agreed: /s/ Cuong M. Le (w/ permission CDD) /s/ Patrick M. Kemp Cuong M. Le Patrick M. Kemp Texas Bar No, 24042930 Texas Bar No. 24043751 cle@houstontxlawfirm.com pkemp@smsm.com Law Office Cuong M. Le, PLLC Robert G. Wall 10150 Antoine Drive, Suite 300 Texas Bar No. 24072411 Houston, Texas 77086 rwall@smsm.com (281) 495-2510 C Daniel DiLizia (281) 495-2539 — Facsimile Texas Bar No, 24099800 ddilizia@smsm.com ATTORNEYS FOR THE SPINDLE Segal McCambridge Singer & Mahoney GROUP 100 Congress Avenue, Suite 800 Austin, Texas 78701 /s/ I. Ray Edwards (w/ permission CDD) (512) 476-7834 E. Ray Edwards (512) 476-7832 — Facsimile Texas Bar No. 06443700 Eray.Edwards@sbcglobal.net ATTORNEYS FOR NATIONAL Gann & Edwards CASUALTY COMPANY, K&Kk 7500 San Felipe, Suite 777 INSURANCE GROUP, INC., ENGLE Houston, Texas MARTIN & ASSOCIATES, LLC, (713) 787-0003 ANDREW VAN GESSEL, NATALIE (713) 782-6785 — Facsimile PRESCOTT, NATIONWIDE MUTUAL INSURANCE COMPANY & ATTORNEYS FOR BRYAN JIMENEZ, SCOTTSDALE INSURANCE COMPANY SARAY NAVAS, GONZALO JIMENEZ INSURANCE, AND GONZALO JIMENEZ