On September 28, 2022 a
Order
was filed
involving a dispute between
Norris, Stormie,
Rodriguez, Osvaldo,
and
Phan, Amy Michelle,
Rodriguez, Osvaldo,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
Preview
NO. DC-22—l3615
t
w
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§ IN THE DISTRICT COURT OF
I
_OSVALDO RODRIGUEZ, .
§ I
I
§
- -
Plaintiff(s), §
§ DALLASCOUNTY, TEXAS
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v. §
-
§
AMY MICHELLE PHAN, § I
’
§ .
-
.
Defendant(s). § 44TH JUDICIAL DISTRICT
44TH DISTRICT COURT UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2)
\.
In accordance with Rules 166, 190 and 192 of thelTexas Rules of Civil Procedure, the
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Court makes the following order to control‘discovery and the schedule of this cause:
1. This case will be ready and is set for trial at 9:00 a.m.' on August 21, 2023, (the
“Initial Trial Setting”). Reset or continuance of the Initial Trial Setting will not alter any
'deadlines established in this Order, except those set out in paragraph 7 of 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 to the next week.
carried
2. Unless otherwise ordered, discovery1n this case will be controlled by Rule 190.2
(LEVEL 1) of the Texas Rules of Civil Procedure except that the discovery period shall continue
until thirty (30) days before the Trial Setting, and all deadlines shall run therefrom. Except by
agreement of the party, leave of court, or where expressly authorized by the Texas Rules of Civil
Pr,ocedure no party may obtain discovery of informmion subject to disclosure under Rule 194 by
any other form of discovery.
3. Any objection or motion to exclude or limit expert testimony due to qualification
of the expert or reliability of the opinions must be filed no later than seven (’7) days after the
close of the discovery period, or such objection1s waived. Any motion to compel responses to
discovery (other than relating to factual matters arising after the end of the discovery period)
must be filed no later than seven (7) days after the close of the discovery period or such
complaint1s waived, except for the sanction of exclusion under Rule 193. 6.
4. Any amended pleadings asserting new causes of action or affirmative defenses
must be filed no later than thirty (30) days before the end of the discovery period and any other
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 if filed within two (2) weeks after the pleading to
which they respond. Except-with leave of court, TRCP 166a motions must be heard no later than
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thirty (30) days before trial.
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5. No additional parties may be joined more than five (5) months after the filing of
this case except on motion for leave showing cause. This does not otherwise
good paragraph
alter the requirements of Rule 38. The party joining an additional party shall serve a copylof this
Order on the new party concurrently with the pleadingJoining that party.
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6. a 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 conducted1n
accordance with the Standing Dallas County Civil District Court Order Regarding Mediation,
which is available from the Dallas County ADR All parties shall contact the
Coordinator.
mediator to arrange the mediation. I
The mediator has been selected by agreement of the parties: Lexa Auld .is hereby
appointed mediator. Any mediator substitution requested more than 90 days after the date of this
order may only be made by motion for submission to the Court for good cause and under
extraordinary circumstances.
D The parties have conferred and are unable to agree on a mediator. Accordingly,
is hereby appointed mediator. Any '
mediator substitution requested more than 90 days after the date of this order may only be made
by motion for submission to the Court for good cause and under extraordinary circumstances.
b. El Oneor more of the parties object to mediation of this matter. Any party
seeking an order for mediation shall file an appropriate motion‘no later than 90 days before the
Initial Trial Setting and set it for hearing no later than 60 days before the Initial Trial Setting.
7.’ FOurteen (14) days before the-Initial Trial Setting, 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 (10)days before the Initial 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 maximize agreement
on such matters. By 4 pm on the Thursday before the Initial Trial Setting, the parties shall file
with the Court the materials‘stated in Rule l66(e)- (l), an estimate of the length of trial,
designation of deposition testimony to be offered in direct examination, and any motions in
limine. Failure to file such result1n dismissal for want of prosecution or other
materials may
appropriate sanction.
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PlaintifflPlaintist counsel shall serve a copy of this Order on any urrently inamed
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defendant(s) answering after this date.
4/
SIGNED ON:
l 104% M6 2&2?
cc: Counsel of Record/ProSe Parties and Mediator
// SI ING
.
Michaél J. .O‘Neiil
AGREED AND /
APPROVED= Senior Judge-5th Court 0t Appeals
Sitting By Assignment
/s/ Kory Kinqerv w/pennissz'on
Plaintiff Attorney
Kory Kingery — SBN# 24094778
MW: v
'-
Delendant Attorney
John W. Breeze— SBN# 00796248
Defendant Attorney ‘ Secondary Attorney
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'
Defendant Attorney .
Secondary Attorney
Document Filed Date
December 08, 2022
Case Filing Date
September 28, 2022
Category
MOTOR VEHICLE ACCIDENT
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NO. DC-22—l3615 t w 1 § IN THE DISTRICT COURT OF I _OSVALDO RODRIGUEZ, . § I I § - - Plaintiff(s), § § DALLASCOUNTY, TEXAS ' v. § - § AMY MICHELLE PHAN, § I ’ § . - . Defendant(s). § 44TH JUDICIAL DISTRICT 44TH DISTRICT COURT UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2) \. In accordance with Rules 166, 190 and 192 of thelTexas 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 trial at 9:00 a.m.' on August 21, 2023, (the “Initial Trial Setting”). Reset or continuance of the Initial Trial Setting will not alter any 'deadlines established in this Order, except those set out in paragraph 7 of 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 to the next week. carried 2. Unless otherwise ordered, discovery1n this case will be controlled by Rule 190.2 (LEVEL 1) of the Texas Rules of Civil Procedure except that the discovery period shall continue until thirty (30) days before the Trial Setting, and all deadlines shall run therefrom. Except by agreement of the party, leave of court, or where expressly authorized by the Texas Rules of Civil Pr,ocedure no party may obtain discovery of informmion subject to disclosure under Rule 194 by any other form of discovery. 3. Any objection or motion to exclude or limit expert testimony due to qualification of the expert or reliability of the opinions must be filed no later than seven (’7) days after the close of the discovery period, or such objection1s waived. Any motion to compel responses to discovery (other than relating to factual matters arising after the end of the discovery period) must be filed no later than seven (7) days after the close of the discovery period or such complaint1s waived, except for the sanction of exclusion under Rule 193. 6. 4. Any amended pleadings asserting new causes of action or affirmative defenses must be filed no later than thirty (30) days before the end of the discovery period and any other 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 if filed within two (2) weeks after the pleading to which they respond. Except-with leave of court, TRCP 166a motions must be heard no later than ' thirty (30) days before trial. ‘ | | ' - I E E 5. No additional parties may be joined more than five (5) months after the filing of this case except on motion for leave showing cause. This does not otherwise good paragraph alter the requirements of Rule 38. The party joining an additional party shall serve a copylof this Order on the new party concurrently with the pleadingJoining that party. ‘ K E 6. a 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 conducted1n accordance with the Standing Dallas County Civil District Court Order Regarding Mediation, which is available from the Dallas County ADR All parties shall contact the Coordinator. mediator to arrange the mediation. I The mediator has been selected by agreement of the parties: Lexa Auld .is hereby appointed mediator. Any mediator substitution requested more than 90 days after the date of this order may only be made by motion for submission to the Court for good cause and under extraordinary circumstances. D The parties have conferred and are unable to agree on a mediator. Accordingly, is hereby appointed mediator. Any ' mediator substitution requested more than 90 days after the date of this order may only be made by motion for submission to the Court for good cause and under extraordinary circumstances. b. El Oneor more of the parties object to mediation of this matter. Any party seeking an order for mediation shall file an appropriate motion‘no later than 90 days before the Initial Trial Setting and set it for hearing no later than 60 days before the Initial Trial Setting. 7.’ FOurteen (14) days before the-Initial Trial Setting, 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 (10)days before the Initial 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 maximize agreement on such matters. By 4 pm on the Thursday before the Initial Trial Setting, the parties shall file with the Court the materials‘stated in Rule l66(e)- (l), an estimate of the length of trial, designation of deposition testimony to be offered in direct examination, and any motions in limine. Failure to file such result1n dismissal for want of prosecution or other materials may appropriate sanction. , l PlaintifflPlaintist counsel shall serve a copy of this Order on any urrently inamed ’ defendant(s) answering after this date. 4/ SIGNED ON: l 104% M6 2&2? cc: Counsel of Record/ProSe Parties and Mediator // SI ING . Michaél J. .O‘Neiil AGREED AND / APPROVED= Senior Judge-5th Court 0t Appeals Sitting By Assignment /s/ Kory Kinqerv w/pennissz'on Plaintiff Attorney Kory Kingery — SBN# 24094778 MW: v '- Delendant Attorney John W. Breeze— SBN# 00796248 Defendant Attorney ‘ Secondary Attorney ‘ ' Defendant Attorney . Secondary Attorney