On April 19, 2021 a
Order
was filed
involving a dispute between
Bng Management Group, Llc,
Pk Restaurant Group Inc,
and
Cho, Jimmy,
Giant Blue Inc,
Tozee Construction Inc,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
Preview
CAUSE NO. DC-21-04907
BNG MANAGEMENT GROUP, LLC IN THE DISTRICT COURT OF
§§§§§§§§§§§§
Plaintifl
v. DALLAS COUNTY, TEXAS
TOZEE CONSTRUCTION, INC.,
GIANT BLUE, INC., AND JIMMY CHO,
INDIVIDUALLY
Defendants. IOlst JUDICIAL DISTRICT
W11)
In accordance with Rules 166, 190, and 192 of the Texas Rules of Civil Procedure, the
Court makes the following order to control the schedule of this cause.
WV 94 26
?4
.
l.
_
This case will be ready and ls set for Jury trial on at : 0 a.m.
(the “Trial Setting”). Reset or continuance of the Trial Settin ill not alter any deadlines
m
established in 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 cam’ed to the next week. W
2. Pretrial matters will be complete by the following dates: Z £166 K.
29, 202 deadline to a pleadings that include new claims or defenses.
August 22, 202 pa seekin f‘firmative relief to designate experts
provrde repo
August 19, 202 posmg a 1rmat1 relief to designate experts &
v1de reports
Septe er 30, 2022 all fact and exp discove OSCS
it:
October 14, 22 ll dispositive motions mus e filed this ta
November 1, 202 amended pleadings that do not as new uses of action or
defenses.
The parties may by written agreement alte ese deadlines. If the deadline is not mentioned herein
it shall be deemed unchanged from the applic deadline as originally determined via the Texas
Rules of Civil Procedure. Amended pleadings responsive to timely filed pleadings under this
schedule may be filed afier the deadline for amended pleadings if filed within two (2) weeks afler
the pleading to which they respond. Except by agreement of the party, leave of court, or where
UNIFORM SCHEDULING ORDER (LEVEL 3) Page l of 2
expressly authorized by the Texas Rules of Civil Procedure, no party may obtain discovery of
information 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 fourteen (l4) days afier the
close of expert discovery (September 30, 2022), 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 later than fourteen (l4) days afier the close of fact discovery (June 10,
2022) or such complaint is waived, except for the sanction of exclusion under Rule 193.6
4. No additional parties may be joined afler July 29, 2022, except on motion for leave
showing good cause. This paragraph does not otherwise alter the requirements of Rule 38. The
party joining an additional party shall serve a copy of this Order on the new party concurrently
with the pleading joining that party.
5. The parties shall mediate this case no later than thirty (30) days before the 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
fiom the Dallas County ADR Coordinator. All parties shall contact the mediator to arrange the
mediation.
6. Fourteen (14) days before the Trial Setting, the parties shall exchange designations
of deposition testimony to be ofi‘ered in direct examination and 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. Seven (7) days before the Trial Setting, the
parties shall exchange in writing their objections to the opposing party’s proposed exhibits,
including objections under Rule 193.7, and deposition testimony. On or before five (5) 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 maximize
agreement on such matters. By 4 p.m. on the Thursday before the Trial Setting, the parties shall
file with the Court the materials stated in Rule l66(d)—(m), 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 material may result in dismissal for want of prosecution or other appropriate
sanction.
Plaintifi‘s counsel shall e co y o his 0rd on any currently named defen (S)
2
answering afler this date. é
SIGNED this day of
Judge Pfe 1n
UNIFORM SCHEDULING ORDER (LEVEL 3) Page 2 of 2
Document Filed Date
July 29, 2022
Case Filing Date
April 19, 2021
Category
CNTR CNSMR COM DEBT
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CAUSE NO. DC-21-04907 BNG MANAGEMENT GROUP, LLC IN THE DISTRICT COURT OF §§§§§§§§§§§§ Plaintifl v. DALLAS COUNTY, TEXAS TOZEE CONSTRUCTION, INC., GIANT BLUE, INC., AND JIMMY CHO, INDIVIDUALLY Defendants. IOlst JUDICIAL DISTRICT W11) In accordance with Rules 166, 190, and 192 of the Texas Rules of Civil Procedure, the Court makes the following order to control the schedule of this cause. WV 94 26 ?4 . l. _ This case will be ready and ls set for Jury trial on at : 0 a.m. (the “Trial Setting”). Reset or continuance of the Trial Settin ill not alter any deadlines m established in 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 cam’ed to the next week. W 2. Pretrial matters will be complete by the following dates: Z £166 K. 29, 202 deadline to a pleadings that include new claims or defenses. August 22, 202 pa seekin f‘firmative relief to designate experts provrde repo August 19, 202 posmg a 1rmat1 relief to designate experts & v1de reports Septe er 30, 2022 all fact and exp discove OSCS it: October 14, 22 ll dispositive motions mus e filed this ta November 1, 202 amended pleadings that do not as new uses of action or defenses. The parties may by written agreement alte ese deadlines. If the deadline is not mentioned herein it shall be deemed unchanged from the applic deadline as originally determined via the Texas Rules of Civil Procedure. Amended pleadings responsive to timely filed pleadings under this schedule may be filed afier the deadline for amended pleadings if filed within two (2) weeks afler the pleading to which they respond. Except by agreement of the party, leave of court, or where UNIFORM SCHEDULING ORDER (LEVEL 3) Page l of 2 expressly authorized by the Texas Rules of Civil Procedure, no party may obtain discovery of information 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 fourteen (l4) days afier the close of expert discovery (September 30, 2022), 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 later than fourteen (l4) days afier the close of fact discovery (June 10, 2022) or such complaint is waived, except for the sanction of exclusion under Rule 193.6 4. No additional parties may be joined afler July 29, 2022, except on motion for leave showing good cause. This paragraph does not otherwise alter the requirements of Rule 38. The party joining an additional party shall serve a copy of this Order on the new party concurrently with the pleading joining that party. 5. The parties shall mediate this case no later than thirty (30) days before the 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 fiom the Dallas County ADR Coordinator. All parties shall contact the mediator to arrange the mediation. 6. Fourteen (14) days before the Trial Setting, the parties shall exchange designations of deposition testimony to be ofi‘ered in direct examination and 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. Seven (7) days before the Trial Setting, the parties shall exchange in writing their objections to the opposing party’s proposed exhibits, including objections under Rule 193.7, and deposition testimony. On or before five (5) 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 maximize agreement on such matters. By 4 p.m. on the Thursday before the Trial Setting, the parties shall file with the Court the materials stated in Rule l66(d)—(m), 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 material may result in dismissal for want of prosecution or other appropriate sanction. Plaintifi‘s counsel shall e co y o his 0rd on any currently named defen (S) 2 answering afler this date. é SIGNED this day of Judge Pfe 1n UNIFORM SCHEDULING ORDER (LEVEL 3) Page 2 of 2