On November 12, 2020 a
Motion-Secondary
was filed
involving a dispute between
Industrial Laminates Corporation,
Jett, Raymond D.,
Jett, Sue E.,
The Sparks Family Living Trust,
and
Wimbish Kelly Constructn, Llc,
for Contract - Debt - Commercial/Consumer
in the District Court of Galveston County.
Preview
Received 1/19/2021 1:11 PM
Envelope No. 49819769
CAUSE NO. 20-CV-1704
RAYMOND D. JETT AND SUE E. JETT, § IN THE DISTRICT COURT OF
INDIVIDUALLY AND AS TRUSTEE §
OF THE SPARKS FAMILY LIVING TRUST §
§
Plaintiffs, §
§
v. § GALVESTON COUNTY, TEXAS
§
WIMBISH KELLY CONSTRUCTION, LLC §
D/B/A PUTNAM BUILDERS §
§
Defendant. § 122nd JUDICIAL DISTRICT
AGREED DISCOVERY AND DOCKET CONTROL ORDER
1. 5/31/2021 New Parties shall be joined and served by this date.
2. 6/18/2021 EXPERTS for all Plaintiffs shall be designated by this date.
3. 7/18/2021 EXPERTS for all OTHER PARTIES shall be designated by this date (30
days after date Plaintiff’s experts are ordered to be designated).
Any party designating a testifying expert witness is ORDERED to provide no later than the dates
set for such designation, the information set forth in Rule 194.2(f) and a written report prepared
by the expert setting out the substance of the experts opinions.
An expert not designated prior to the ordered deadlines shall not be permitted to testify absent a
showing of good cause.
4. 10/11/2021 DISCOVERY deadlines controlled by designation of case. Counsel may by
written agreement continue discovery beyond this deadline. Such continued
discovery, however, will not delay the trial date without the Court's
approval.
5. 10/29/2021 Pleadings must be amended or supplemented by this date, except by written
agreement of all parties.
6. 8/13/2021 Mediation shall be completed by this date. Report to be filed with court on
or before this date. Objections to mediation must be filed within thirty days
of this date. Case will not proceed to trial unless mediation is complete.
Page 1 of 4
Agreed Discovery and Docket Control Order
532225v.2 S7201/00001
All parties agree to participate in mediation with the following person to serve as mediator:
Name: ________________________________________________
Address: ________________________________________________
________________________________________________
Phone: ________________________________________________
Fax No.: ________________________________________________
Plaintiff's attorney shall provide a copy of the DCO to the mediator named herein.
7. 10/11/2021 DEADLINE TO FILE ALL MOTIONS, except Motions in Limine,
AND FOR MOVANT TO SECURE DATES AND TIMES FOR
HEARINGS. NO HEARINGS WILL BE SET UNTIL A MOTION
AND ORDER SETTING HEARING ARE ON FILE WITH THE
CLERK. This includes motions to exclude expert testimony and any
other challenges to expert testimony. (Six weeks prior to pre-trial)
8. 11/22/2021 at 9:00 a.m. Pre-Trial Conference set. Court will only hear
announcement of parties and motions to continue at this setting.
Failure to appear will be grounds for dismissal for want of
prosecution.
9. 11/29/2021 at 9:00 a.m. Trial by Jury is set for one-week docket commencing on this
date. Prior to commencement of voir dire parties are ordered to
exchange the following and discuss what the parties will agree to and
what issues are contested:
_____ Proposed jury instructions and questions
_____ Motion in Limine
_____ Exhibit list
_____ Labeled and numbered exhibits
_____ Witness lists (inform court at earliest opportunity of scheduling
problems relating to witnesses)
10. __________ at 9:00 a.m. Trial before Court is set.
Proposed Findings of Fact and Conclusions of Law to be exchanged prior to trial.
Written notice must be given to the Court of any changes in this DCO. This includes
settlement, Rule 11 Agreements, cancellation of hearings, etc. Numbers 7, 8, 9 or 10 cannot
be changed without leave of the Court.
Page 2 of 4
Agreed Discovery and Docket Control Order
532225v.2 S7201/00001
SIGNED on ______________________, 2021.
_______________________________
JOHN ELLISOR, JUDGE
122ND JUDICIAL DISTRICT COURT
Page 3 of 4
Agreed Discovery and Docket Control Order
532225v.2 S7201/00001
AGREED AND ENTRY REQUESTED:
CRADY JEWETT McCULLEY & HOUREN LLP
By: /s/ Kendall Valenti Speer
J. Daniel Long
State Bar No. 24036985
Email: dlong@cjmhlaw.com
Kendall Valenti Speer
State Bar No. 24077954
Email: kspeer@cjmhlaw.com
2727 Allen Parkway, Suite 1700
Houston, Texas 77019-2125
Telephone: (713) 739-7007
Fax No.: (713) 739-8403
Attorneys for Plaintiffs,
Raymond D. Jett and Sue E. Jett,
Individually and as Trustee of the
Sparks Family Living Trust
-and-
CHUNN PRICE & HARRIS, PLLC
By: */s/David G. Harris
David G. Harris
State Bar No. 24029600
Email: dharris@cphattorneys.com
1150 N. Loop 1604 W., Suite 108-467
San Antonio, Texas 78248
Telephone: (210) 308-6677
Facsimile: (210) 525-0960
Attorney for Defendant,
Wimbish Kelly Construction, LLC
d/b/a Putnam Builders
*BY PERMISSION
Page 4 of 4
Agreed Discovery and Docket Control Order
532225v.2 S7201/00001
Document Filed Date
January 19, 2021
Case Filing Date
November 12, 2020
Category
Contract - Debt - Commercial/Consumer
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Preview
Received 1/19/2021 1:11 PM Envelope No. 49819769 CAUSE NO. 20-CV-1704 RAYMOND D. JETT AND SUE E. JETT, § IN THE DISTRICT COURT OF INDIVIDUALLY AND AS TRUSTEE § OF THE SPARKS FAMILY LIVING TRUST § § Plaintiffs, § § v. § GALVESTON COUNTY, TEXAS § WIMBISH KELLY CONSTRUCTION, LLC § D/B/A PUTNAM BUILDERS § § Defendant. § 122nd JUDICIAL DISTRICT AGREED DISCOVERY AND DOCKET CONTROL ORDER 1. 5/31/2021 New Parties shall be joined and served by this date. 2. 6/18/2021 EXPERTS for all Plaintiffs shall be designated by this date. 3. 7/18/2021 EXPERTS for all OTHER PARTIES shall be designated by this date (30 days after date Plaintiff’s experts are ordered to be designated). Any party designating a testifying expert witness is ORDERED to provide no later than the dates set for such designation, the information set forth in Rule 194.2(f) and a written report prepared by the expert setting out the substance of the experts opinions. An expert not designated prior to the ordered deadlines shall not be permitted to testify absent a showing of good cause. 4. 10/11/2021 DISCOVERY deadlines controlled by designation of case. Counsel may by written agreement continue discovery beyond this deadline. Such continued discovery, however, will not delay the trial date without the Court's approval. 5. 10/29/2021 Pleadings must be amended or supplemented by this date, except by written agreement of all parties. 6. 8/13/2021 Mediation shall be completed by this date. Report to be filed with court on or before this date. Objections to mediation must be filed within thirty days of this date. Case will not proceed to trial unless mediation is complete. Page 1 of 4 Agreed Discovery and Docket Control Order 532225v.2 S7201/00001 All parties agree to participate in mediation with the following person to serve as mediator: Name: ________________________________________________ Address: ________________________________________________ ________________________________________________ Phone: ________________________________________________ Fax No.: ________________________________________________ Plaintiff's attorney shall provide a copy of the DCO to the mediator named herein. 7. 10/11/2021 DEADLINE TO FILE ALL MOTIONS, except Motions in Limine, AND FOR MOVANT TO SECURE DATES AND TIMES FOR HEARINGS. NO HEARINGS WILL BE SET UNTIL A MOTION AND ORDER SETTING HEARING ARE ON FILE WITH THE CLERK. This includes motions to exclude expert testimony and any other challenges to expert testimony. (Six weeks prior to pre-trial) 8. 11/22/2021 at 9:00 a.m. Pre-Trial Conference set. Court will only hear announcement of parties and motions to continue at this setting. Failure to appear will be grounds for dismissal for want of prosecution. 9. 11/29/2021 at 9:00 a.m. Trial by Jury is set for one-week docket commencing on this date. Prior to commencement of voir dire parties are ordered to exchange the following and discuss what the parties will agree to and what issues are contested: _____ Proposed jury instructions and questions _____ Motion in Limine _____ Exhibit list _____ Labeled and numbered exhibits _____ Witness lists (inform court at earliest opportunity of scheduling problems relating to witnesses) 10. __________ at 9:00 a.m. Trial before Court is set. Proposed Findings of Fact and Conclusions of Law to be exchanged prior to trial. Written notice must be given to the Court of any changes in this DCO. This includes settlement, Rule 11 Agreements, cancellation of hearings, etc. Numbers 7, 8, 9 or 10 cannot be changed without leave of the Court. Page 2 of 4 Agreed Discovery and Docket Control Order 532225v.2 S7201/00001 SIGNED on ______________________, 2021. _______________________________ JOHN ELLISOR, JUDGE 122ND JUDICIAL DISTRICT COURT Page 3 of 4 Agreed Discovery and Docket Control Order 532225v.2 S7201/00001 AGREED AND ENTRY REQUESTED: CRADY JEWETT McCULLEY & HOUREN LLP By: /s/ Kendall Valenti Speer J. Daniel Long State Bar No. 24036985 Email: dlong@cjmhlaw.com Kendall Valenti Speer State Bar No. 24077954 Email: kspeer@cjmhlaw.com 2727 Allen Parkway, Suite 1700 Houston, Texas 77019-2125 Telephone: (713) 739-7007 Fax No.: (713) 739-8403 Attorneys for Plaintiffs, Raymond D. Jett and Sue E. Jett, Individually and as Trustee of the Sparks Family Living Trust -and- CHUNN PRICE & HARRIS, PLLC By: */s/David G. Harris David G. Harris State Bar No. 24029600 Email: dharris@cphattorneys.com 1150 N. Loop 1604 W., Suite 108-467 San Antonio, Texas 78248 Telephone: (210) 308-6677 Facsimile: (210) 525-0960 Attorney for Defendant, Wimbish Kelly Construction, LLC d/b/a Putnam Builders *BY PERMISSION Page 4 of 4 Agreed Discovery and Docket Control Order 532225v.2 S7201/00001