Preview
Filed: 8/17/2021 9:23 AM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 56366606
By: Shailja Dixit
8/17/2021 9:30 AM
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
JOINT MOTION FOR CONTINUANCE
AND ENTRY OF FIRST AMENDED DOCKET CONTROL ORDER
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, Plaintiffs, Raymond D. Jett and Sue E. Jett, Individually and as Trustee of
the Sparks Family Living Trust, and Defendant, Wimbish Kelly Construction, LLC d/b/a Putnam
(collectively, the “Parties”), and file this Joint Motion for Continuance and Entry of First Amended
Docket Control Order, and would respectfully show this Court as follows:
I.
1. This case is currently set for trial for the two-week docket beginning November 29,
2021. The Parties jointly request a continuance of the trial date for the reasons set forth below.
2. This is the first trial setting in this matter.
3. To date, some written discovery and one deposition have been conducted in this
matter. However, the Parties need additional time to conduct additional expert discovery and to
conduct additional party depositions in advance of mediation and trial. This additional discovery
is needed by all Parties before the case proceeds to mediation and trial.
1
Joint Motion for Continuance and Entry of First Amended Docket Control Order
562599v.2 S7201/00001
4. Additionally, under the current Docket Control Order, the Parties will have
insufficient time to conduct discovery of experts and file any Daubert challenges, if necessary,
given the experts’ availability for depositions and the proximity to the current deadline.1 The
Parties are also discussing settlement. As such, the Parties request additional time to conduct all
expert discovery in advance of the pertinent deadlines, as well as additional time to try to reach a
settlement in this matter.
II.
5. Based on the foregoing, the Parties seek a continuance of the current trial setting in
this matter to complete discovery; to participate in good faith settlement discussions; and, if
necessary, to adequately prepare the case for trial, including but not limited to, filing necessary
motions in advance of trial. The Parties also jointly request that the Court enter the proposed
Amended Docket Control Order, attached hereto as Exhibit “A”. As such, the Parties request a
continuance of the trial setting to April 4, 2022.
6. This is the first request for continuance in this lawsuit and the Parties seek the
continuance not for delay, but so that justice may be done.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs, Raymond D. Jett and Sue E. Jett,
Individually and as Trustee of the Sparks Family Living Trust, and Defendant, Wimbish Kelly
Construction, LLC d/b/a Putnam (collectively, the “Parties”), pray that this Joint Motion for
Continuance and Entry of First Amended Docket Control Order be granted, and that this case be
continued from its present trial setting.
1
The Parties are scheduling expert depositions for early-to-mid October of 2021. The deadline to file all Motions,
including motions to exclude expert testimony, is currently set for October 11, 2021.
2
Joint Motion for Continuance and Entry of First Amended Docket Control Order
562599v.2 S7201/00001
Dated: August 17, 2021.
Respectfully Submitted,
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
Facsimile: (713) 739-8403
Attorneys for Plaintiffs, Raymond D. Jett and Sue
E. Jett, Individually and as Trustee of the Sparks
Family 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 79248
Attorneys for Defendant, Wimbish Kelly
Construction, LLC d/b/a Putnam Builders
BY PERMISSION
3
Joint Motion for Continuance and Entry of First Amended Docket Control Order
562599v.2 S7201/00001
EXHIBIT “A”
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 FIRST AMENDED DOCKET CONTROL ORDER
1. 6/21/21 New Parties shall be joined and served by this date.
2. 9/27/21 EXPERTS for all Plaintiffs shall be designated by this date.
3. 10/25/21 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. 2/14/22 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. 3/4/22 PLEADINGS must be amended or supplemented by this date, except by
written agreement of all parties.
6. 12/23/21 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.
4
Exhibit “A” to Joint Motion for Continuance and Entry of First Amended Docket Control Order
562599v.2 S7201/00001
All parties agree to participate in mediation with the following person to serve as mediator:
Name: Joe Jowarski
Address: 2228 Mechanic Street, Galveston, Texas 77550
Phone: (409) 763-0700
Fax No.: (409) 763-6352
Plaintiff's attorney shall provide a copy of the DCO to the mediator named herein.
7. 2/14/22 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. 3/28/2022 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. 4/4/2022 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.
SIGNED on ______________________, 2021.
_______________________________
JOHN ELLISOR, JUDGE
122ND JUDICIAL DISTRICT COURT
5
Exhibit “A” to Joint Motion for Continuance and Entry of First Amended Docket Control Order
562599v.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 theSparks 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
6
Exhibit “A” to Joint Motion for Continuance and Entry of First Amended Docket Control Order
562599v.2 S7201/00001
Preview
Filed: 8/17/2021 9:23 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 56366606 By: Shailja Dixit 8/17/2021 9:30 AM 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 JOINT MOTION FOR CONTINUANCE AND ENTRY OF FIRST AMENDED DOCKET CONTROL ORDER TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, Plaintiffs, Raymond D. Jett and Sue E. Jett, Individually and as Trustee of the Sparks Family Living Trust, and Defendant, Wimbish Kelly Construction, LLC d/b/a Putnam (collectively, the “Parties”), and file this Joint Motion for Continuance and Entry of First Amended Docket Control Order, and would respectfully show this Court as follows: I. 1. This case is currently set for trial for the two-week docket beginning November 29, 2021. The Parties jointly request a continuance of the trial date for the reasons set forth below. 2. This is the first trial setting in this matter. 3. To date, some written discovery and one deposition have been conducted in this matter. However, the Parties need additional time to conduct additional expert discovery and to conduct additional party depositions in advance of mediation and trial. This additional discovery is needed by all Parties before the case proceeds to mediation and trial. 1 Joint Motion for Continuance and Entry of First Amended Docket Control Order 562599v.2 S7201/00001 4. Additionally, under the current Docket Control Order, the Parties will have insufficient time to conduct discovery of experts and file any Daubert challenges, if necessary, given the experts’ availability for depositions and the proximity to the current deadline.1 The Parties are also discussing settlement. As such, the Parties request additional time to conduct all expert discovery in advance of the pertinent deadlines, as well as additional time to try to reach a settlement in this matter. II. 5. Based on the foregoing, the Parties seek a continuance of the current trial setting in this matter to complete discovery; to participate in good faith settlement discussions; and, if necessary, to adequately prepare the case for trial, including but not limited to, filing necessary motions in advance of trial. The Parties also jointly request that the Court enter the proposed Amended Docket Control Order, attached hereto as Exhibit “A”. As such, the Parties request a continuance of the trial setting to April 4, 2022. 6. This is the first request for continuance in this lawsuit and the Parties seek the continuance not for delay, but so that justice may be done. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs, Raymond D. Jett and Sue E. Jett, Individually and as Trustee of the Sparks Family Living Trust, and Defendant, Wimbish Kelly Construction, LLC d/b/a Putnam (collectively, the “Parties”), pray that this Joint Motion for Continuance and Entry of First Amended Docket Control Order be granted, and that this case be continued from its present trial setting. 1 The Parties are scheduling expert depositions for early-to-mid October of 2021. The deadline to file all Motions, including motions to exclude expert testimony, is currently set for October 11, 2021. 2 Joint Motion for Continuance and Entry of First Amended Docket Control Order 562599v.2 S7201/00001 Dated: August 17, 2021. Respectfully Submitted, 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 Facsimile: (713) 739-8403 Attorneys for Plaintiffs, Raymond D. Jett and Sue E. Jett, Individually and as Trustee of the Sparks Family 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 79248 Attorneys for Defendant, Wimbish Kelly Construction, LLC d/b/a Putnam Builders BY PERMISSION 3 Joint Motion for Continuance and Entry of First Amended Docket Control Order 562599v.2 S7201/00001 EXHIBIT “A” 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 FIRST AMENDED DOCKET CONTROL ORDER 1. 6/21/21 New Parties shall be joined and served by this date. 2. 9/27/21 EXPERTS for all Plaintiffs shall be designated by this date. 3. 10/25/21 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. 2/14/22 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. 3/4/22 PLEADINGS must be amended or supplemented by this date, except by written agreement of all parties. 6. 12/23/21 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. 4 Exhibit “A” to Joint Motion for Continuance and Entry of First Amended Docket Control Order 562599v.2 S7201/00001 All parties agree to participate in mediation with the following person to serve as mediator: Name: Joe Jowarski Address: 2228 Mechanic Street, Galveston, Texas 77550 Phone: (409) 763-0700 Fax No.: (409) 763-6352 Plaintiff's attorney shall provide a copy of the DCO to the mediator named herein. 7. 2/14/22 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. 3/28/2022 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. 4/4/2022 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. SIGNED on ______________________, 2021. _______________________________ JOHN ELLISOR, JUDGE 122ND JUDICIAL DISTRICT COURT 5 Exhibit “A” to Joint Motion for Continuance and Entry of First Amended Docket Control Order 562599v.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 theSparks 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 6 Exhibit “A” to Joint Motion for Continuance and Entry of First Amended Docket Control Order 562599v.2 S7201/00001