On February 20, 2018 a
Order
was filed
involving a dispute between
Museum Tower, Lp,
and
Austin Building Company,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
Preview
CAUSE NO. DC-l 8—02358
MUSEUM TOWER, LP In the District Court
vs. Dallas County, Texas
AUSTIN BUILDING COMPANY 162nd District Court
162nd UNIFORM SCHEDULING ORDER (LEVEL 3)
(Revised for the 162nd District Court April 9, 201
2018)
8)
In accordance with Rules 166, 190 0f the Texas Rules of Civil Procedure, the Court
and 192 of
makes 0f this cause.
the following order to control the schedule of
1. This case will be ready and is set for Non—Jury
Non-Jury trial 0n 05/07/2019 at 9:00 a.m. (the
“Trial Setting”). Reset or continuance of the Trial Setting will not alter any deadlines in this Order or
established by the Texas Rules of Civil Procedure, unless otherwise provided by order. All A11 parties are
required to announce for trial on the Thursday before trial begins
their trial 0n Tuesday at am. Failure t0
9:00 a.m.
am. on the Friday before the designated trial setting may result in dismissal of the
announce by 10:30 a.m.
t0 be ready for trial on a 24-hour notice during
case. Cases not reached on the designated trial date are to
two-week trial docket. If not reached as set, the case will be carried to the next week. Failure
two—week
their t0
to
comply with the deadlines contained herein shall not support a motion to continue this matter.
2. Pretrial matters will be complete by the following dates:
a. amended pleadings asserting
new causes of action 0r defenses .......................... 120 days before the Trial Setting
b. fact discovery closes ............................................. 105 days before the Trial Setting
c. party seeking affirmative relief to designate
experts & provide reports ..................................... 105 days before the Trial Setting
d. party opposing affirmative relief to designate
experts & provide reports ..................................... 90 days before the Trial Setting
e. designation of rebuttal experts
& provide reports 75 days before the Trial Setting
.................................................
f. all expert discovery closes .................................... 45 days before the Trial Setting
g. other amended pleadings ...................................... 45 days before the Trial Setting
h. all dispositive motions will be heard ............. 30 days before the Trial Setting
The parties may by written agreement alter these deadlines. Amended to timely filed
pleadings responsive t0
pleadings under this schedule may be filed after the deadline for if filed within two (2)
amended pleadings
weeks after the pleading to which they respond. Except by agreement of the party, leave of court, or
where expressly authorized by the Texas Rules 0f Civil Procedure, no party may obtain discovery of
information subject to disclosure under Rule 194 by any other form 0f
of discovery.
3. Any to exclude or limit expert testimony due to qualification of the
objection or motion t0
expert or reliability of the opinions must be filed no later than seven (7) days after the close 0fof expert
discovery, or such objection is waived. Any motion to compel responses to discovery (other than relating
to factual matters arising after the end of fact discovery) must be filed no than seven (7) days after
later
the close of fact discovery or such complaint is waived, except for the sanction of exclusion under Rule
193.6
4. Each side may have 75 hours of depositions and each party may have 50 interrogatories,
subject t0 the conditions of Rule 190.3(b) (2) and (3).
5. N0 additional parties may be joined more than eight (8) months after the commencement
No
of this case except on motion for leave showing good cause. This paragraph does not otherwise alter the
0f this Order on the new
party joining an additional party shall serve a copy of
requirements of Rule 38. The patty
party concurrently with the pleading joining that party.
6. The parties shall mediate this case no later than thirty (30) days before the Initial Trial
Setting, unless otherwise provided by court order. Mediation will be conducted in accordance with the
Standing Dallas County Civil District Court Order Regarding Mediation, which is available on the court’s
website. A11 parties shall contact the mediator to arrange the mediation
The mediator may be selected by agreement 0f all parties. The parties have ninety (90) days
from the date this Order to select a Mediator and to advise the court in writing of the mediator selected. If
the patties
parties fail to do so, the court will appoint a mediator.
7. (14) days before the Trial Setting, in jury trial, the parties shall exchange a list
Fourteen (l4)
of exhibits, including any demonstrative aids and affidavits, and shall exchange copies of any exhibits not
over—designation is strongly discouraged and may be sanctioned.
previously produced in discovery; over-designation
Except for records tot0 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 t0 this designation. Seven (7)
days before the Trial Setting, in non-jury cases, the parties
patties shall exchange and file with the Court
Proposed Findings of0f Fact and Conclusions of 0f Law. On or before Ten (10) days before the 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 t0 maximize agreement on 0n such matters.
By 4 pm on the Thursday before the Trial Setting, the parties shall file with the Court the materials stated
166(e)—(l), an estimate of the length of trial, designation 0f deposition testimony to be offered in
in Rule 166(e)-(1),
direct examination, and any motions in limine. Failure to file such materials may result in dismissal for
want of prosecution or other appropriate sanction.
Plaintiff/Plaintiffis
Plaintiff/Plaintiff’s counsel shall serve a copy of this order on any currently named defendants
WWW
answering after the date of this order.
SIGNED May 3 1, 2018.
District Judge
Document Filed Date
May 31, 2018
Case Filing Date
February 20, 2018
Category
CNTR CNSMR COM DEBT
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
CAUSE NO. DC-l 8—02358 MUSEUM TOWER, LP In the District Court vs. Dallas County, Texas AUSTIN BUILDING COMPANY 162nd District Court 162nd UNIFORM SCHEDULING ORDER (LEVEL 3) (Revised for the 162nd District Court April 9, 201 2018) 8) In accordance with Rules 166, 190 0f the Texas Rules of Civil Procedure, the Court and 192 of makes 0f this cause. the following order to control the schedule of 1. This case will be ready and is set for Non—Jury Non-Jury trial 0n 05/07/2019 at 9:00 a.m. (the “Trial Setting”). Reset or continuance of the Trial Setting will not alter any deadlines in this Order or established by the Texas Rules of Civil Procedure, unless otherwise provided by order. All A11 parties are required to announce for trial on the Thursday before trial begins their trial 0n Tuesday at am. Failure t0 9:00 a.m. am. on the Friday before the designated trial setting may result in dismissal of the announce by 10:30 a.m. t0 be ready for trial on a 24-hour notice during case. Cases not reached on the designated trial date are to two-week trial docket. If not reached as set, the case will be carried to the next week. Failure two—week their t0 to comply with the deadlines contained herein shall not support a motion to continue this matter. 2. Pretrial matters will be complete by the following dates: a. amended pleadings asserting new causes of action 0r defenses .......................... 120 days before the Trial Setting b. fact discovery closes ............................................. 105 days before the Trial Setting c. party seeking affirmative relief to designate experts & provide reports ..................................... 105 days before the Trial Setting d. party opposing affirmative relief to designate experts & provide reports ..................................... 90 days before the Trial Setting e. designation of rebuttal experts & provide reports 75 days before the Trial Setting ................................................. f. all expert discovery closes .................................... 45 days before the Trial Setting g. other amended pleadings ...................................... 45 days before the Trial Setting h. all dispositive motions will be heard ............. 30 days before the Trial Setting The parties may by written agreement alter these deadlines. Amended to timely filed pleadings responsive t0 pleadings under this schedule may be filed after the deadline for if filed within two (2) amended pleadings weeks after the pleading to which they respond. Except by agreement of the party, leave of court, or where expressly authorized by the Texas Rules 0f Civil Procedure, no party may obtain discovery of information subject to disclosure under Rule 194 by any other form 0f of discovery. 3. Any to exclude or limit expert testimony due to qualification of the objection or motion t0 expert or reliability of the opinions must be filed no later than seven (7) days after the close 0fof expert discovery, or such objection is waived. Any motion to compel responses to discovery (other than relating to factual matters arising after the end of fact discovery) must be filed no than seven (7) days after later the close of fact discovery or such complaint is waived, except for the sanction of exclusion under Rule 193.6 4. Each side may have 75 hours of depositions and each party may have 50 interrogatories, subject t0 the conditions of Rule 190.3(b) (2) and (3). 5. N0 additional parties may be joined more than eight (8) months after the commencement No of this case except on motion for leave showing good cause. This paragraph does not otherwise alter the 0f this Order on the new party joining an additional party shall serve a copy of requirements of Rule 38. The patty party concurrently with the pleading joining that party. 6. The parties shall mediate this case no later than thirty (30) days before the Initial Trial Setting, unless otherwise provided by court order. Mediation will be conducted in accordance with the Standing Dallas County Civil District Court Order Regarding Mediation, which is available on the court’s website. A11 parties shall contact the mediator to arrange the mediation The mediator may be selected by agreement 0f all parties. The parties have ninety (90) days from the date this Order to select a Mediator and to advise the court in writing of the mediator selected. If the patties parties fail to do so, the court will appoint a mediator. 7. (14) days before the Trial Setting, in jury trial, the parties shall exchange a list Fourteen (l4) of exhibits, including any demonstrative aids and affidavits, and shall exchange copies of any exhibits not over—designation is strongly discouraged and may be sanctioned. previously produced in discovery; over-designation Except for records tot0 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 t0 this designation. Seven (7) days before the Trial Setting, in non-jury cases, the parties patties shall exchange and file with the Court Proposed Findings of0f Fact and Conclusions of 0f Law. On or before Ten (10) days before the 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 t0 maximize agreement on 0n such matters. By 4 pm on the Thursday before the Trial Setting, the parties shall file with the Court the materials stated 166(e)—(l), an estimate of the length of trial, designation 0f deposition testimony to be offered in in Rule 166(e)-(1), direct examination, and any motions in limine. Failure to file such materials may result in dismissal for want of prosecution or other appropriate sanction. Plaintiff/Plaintiffis Plaintiff/Plaintiff’s counsel shall serve a copy of this order on any currently named defendants WWW answering after the date of this order. SIGNED May 3 1, 2018. District Judge