Preview
RECEIVED AND FILED
FOR RECORD
10/31/2022 2:25 PM
Melisa Miller, District Clerk
Montgomery County, Texas
CAUSE NO. 22-09-12291
STERLING RIDGE DEVELOPMENT I, § IN THE DISTRICT COURT OF
LP
vs. MONTGOMERY COUNTY, TEXAS
MONTGOMERY CENTRAL 457"™ JUDICIAL DISTRICT
APPRAISAL DISTRICT
DOCKET CONTROL ORDER
IT IS ORDERED that this Docket Control Order shall control the disposition of this matter; the Texas
Rules of Civil Procedure shall control in computing any period of time not addressed within this Order;
and any date that falls on a weekend or legal holiday (as determined by the Montgomery County
Commissioners Court) shall be moved to the first business day thereafter.
IT IS ORDERED THAT THE PLAINTIFF MUST IMMEDIATELY SEND A COPY OF THIS
DOCKET CONTROL ORDER, BY A METHOD PRESCRIBED BY RULE 2la, TO EACH AND
EVERY PARTY ANSWERING OR OTHERWISE APPEARING IN THIS CASE AFTER THE DATE
THIS ORDER IS SIGNED.
1 RESPONSE TO MANDATORY DISCOVERY: 150 DAYS BEFORE TRIAL
The parties shall engage in two mandatory discovery vehicles: (1) Rule 194 mandatory
disclosures (the “Rule 194 Discovery”) and (2) the discovery under the ORDER GOVERNING
DISCOVERY PROTOCOLS FOR MONTGOMERY CENTRAL APPRAISAL CASES
(attached) (the “Protocols”).
- FOLLOW ALL REQUIREMENTS IN THE ATTACHED ORDER GOVERNING
DISCOVERY PROTOCOLS FOR MONTGOMERY CENTRAL APPRAISAL CASES,
INCLUDING THE TIMING REQUIREMENTS FOR THE RESPONSES.
FAILURE OF PLAINTIFF TO TIMELY RESPOND TO THE RULE 194 DISCOVERY
AND/OR THE PROTOCOLS WILL RESULT IN DISMISSAL FOR WANT OF
PROSECUTION.
A CERTIFICATE OF WRITTEN DISCOVERY MUST BE FILED BY THE MONDAY
FOLLOWING THE RESPONSE DUE DATE.
FAILURE OF DEFENDANT TO TIMELY RESPOND TO THE RULE 194 DISCOVERY
AND/OR THE PROTOCOLS WILL RESULT IN A SANCTION OF $100 PER DAY,
PAYABLE TO PLAINTIFF, PLUS THE LOSS OF 15 MINUTES OF THE ALLOTTED
TRIAL TIME FOR EACH DAY THAT THE RULE 194 DISCOVERY RESPONSES
AND/OR THE PROTOCOLS ARE LATE.
IF YOU WISH TO SKIP DISCOVERY, THEN FILE A RULE 11 SETTLEMENT NOTICE AND
THE COURT WILL SET THIS CASE ON AN ENTRY DOCKET.
2. EXPERT WITNESS DESIGNATION:
A list shall be filed which includes each expert’s name, address, telephone number, the subject of
the testimony, and the opinions that will be proffered by each expert. Experts not listed in
compliance with this paragraph will not be permitted to testify absent a showing of an exception
under Rule 193.6. A Rule 195 disclosure is not a substitute for this filed designation.
(a) Parties seeking affirmative relief 90 DAYS BEFORE TRIAL
(b) All other parties 60 DAYS BEFORE TRIAL
IF YOU WISH TO SKIP EXPERT WITNESS DESIGNATION, THEN FILE A RULE 11
SETTLEMENT NOTICE AND THE COURT WILL SET THIS CASE ON AN ENTRY
DOCKET.
3. PLEADING DEADLINE: 120 DAYS BEFORE TRIAL
All amendments and supplements to pleadings must be filed by this date.
MEDIATION DEADLINE: 120 DAYS BEFORE TRIAL
The parties must mediate in good faith with (1) said mediation to be completed by this date and
(2) a Certificate must be filed within one business date after mediation occurs showing that
mediation was completed by this date.
FAILURE OF PLAINTIFF TO MEDIATE BY THIS DATE WILL RESULT IN
DISMISSAL FOR WANT OF PROSECUTION.
FAILURE OF DEFENDANT TO MEDIATE BY THIS DATE WILL RESULT IN A
SANCTION OF $100 PER DAY, PAYABLE TO PLAINTIFF, PLUS THE LOSS OF 15
MINUTES OF THE ALLOTTED TRIAL TIME FOR EACH DAY THAT THE
MEDIATION IS PAST DUE.
FAILURE TO FILE THE CERTIFICATE WILL RESULT IN DISMISSAL FOR WANT
OF PROSECUTION.
IF YOU WISH TO SKIP REQUIRED INITIAL MEDIATION, THEN FILE A RULE 11
SETTLEMENT NOTICE AND BE MOVED TO AN ENTRY DOCKET.
If the case does not settle at mediation, then the Court will appoint a Mediator and the parties
must mediate in good faith within 30 days of the appointment with (1) said mediation to be
completed by this date and (2) a Certificate must be filed within one business date after
mediation occurs showing that mediation was completed by this date.
FAILURE TO MEDIATE AND/OR TO FILE THE CERTIFICATE OF MEDIATION BY
THIS DATE WILL RESULT IN DISMISSAL FOR WANT OF PROSECUTION.
IF YOU WISH TO SKIP SUBSEQUENT COURT ASSIGNED MEDIATION, THEN FILE A
RULE 11 SETTLEMENT NOTICE AND BE MOVED TO AN ENTRY DOCKET.
5. JOINT NOTICE FILING: 14 DAYS BEFORE TRIAL
All parties will file a SINGLE Joint Notice with the Court, answering:
() Are you ready for trial?
Q) Do you need a Pre-Trial conference and, if so, why?
- The Court will take up pre-trial motions in the hour prior to trial. You should
request a Pre-Trial conference only if you need more time than that.
Q) Are there any pending motions? If so, what are they and when were they filed?
(4) Are there any special needs or accommodations for the presentation of the case, including
any issues related to the availability of counsel and witnesses?
If there is a disagreement among the parties as to any of these items, the Joint Notice will state the
positions of each of the parties.
ANY PARTY WHO FAILS TO PARTICIPATE IN THE DRAFTING PROCESS WILL
BE SUBJECT TO SANCTIONS, INCLUDING DISMISSAL FOR WANT OF
PROSECUTION AND A FINDING OF ABANDONMENT OF CLAIMS OR DEFENSES
PURSUANT TO TEXAS RULES OF CIVIL PROCEDURE 165 AND 165a.
- If any party does not participate with the Joint Notice, the party or parties filing the Joint
Notice shall identify who did not participate.
IF A JOINT NOTICE IS NOT TIMELY FILED, THE COURT WILL PRESUME THAT
THE PARTIES HAVE NO FURTHER INTEREST IN PURSUING OR DEFENDING
THIS MATTER AND THE COURT WILL DISPOSE OF THIS SUIT BY DISMISSAL
FOR WANT OF PROSECUTION AND A FINDING OF ABANDONMENT OF CLAIMS
OR DEFENSES PURSUANT TO TEXAS RULES OF CIVIL PROCEDURE 165 AND
165a.
6. PRE-TRIAL MATERIALS: 14 DAYS BEFORE TRIAL
By no later than this date, all parties shall exchange with each other and file the following:
a. EXHIBIT LIST. All exhibits to be offered at trial shall be pre-marked and identified by
exhibit number on the list, with exhibits served on other parties, but not filed. Any party
requiring authentication of an exhibit must file and serve notice of same within 7 days
after the exhibit is provided; FAILURE TO DO SO IS AN ADMISSION TO AN
EXHIBIT’S AUTHENTICITY. All exhibits which the parties agree to admit shall be
admitted into evidence as a first order of business on the trial date.
WITNESS LIST. All witnesses who are anticipated to be called to testify at trial,
including all experts shall be on the Witness List.
DEPOSITION EXCERPTS. All deposition excerpts that may be offered at trial in lieu
of live testimony shall be identified by specific designated pages and line
numbers.
MOTIONS IN LIMINE. Motions Jn Limine should be specific to the case. Please do
not duplicate the items which already appear in the Court’s Standing Order Jn
Limine.
JURY CHARGE. If the trial is to a jury, a proposed jury charge must be filed by this
date.
FINDING OF FACT/CONCLUSIONS OF LAW. If the trial is to the bench, proposed
findings of Fact and Conclusions of Law must be filed by this date.
7 PRE-TRIAL CONFERENCE SCHEDULED BY COURT
The Court will set pre-trial conferences based on the Court’s own motion or on request of the
parties. The Court will notice all Pre-Trial conferences. Only those parties notified by the Court
shall appear.
8. TRIAL May 22, 2023
This case is set for TRIAL on a two-week rolling docket beginning at 9:00 a.m. on the above
date.
YOU ARE ADVISED THAT EACH PARTY SHALL BE ALLOTTED 8 HOURS FOR
TRIAL, SUCH TIME TO INCLUDE VOIR DIRE, BENCH CONFERENCES, AND
SIMILAR.
If the case is not assigned by the second Friday following this date, then the case will be reset.
You are instructed to monitor the Court’s website to determine at what date and time you
should appear:
https://metx.org/departments/departments_d_- f/district_courts/457thdistrict_court/trial_line_up.php
UNLESS OTHERWISE ORDERED BY THE COURT, THE FOREGOING
DATES AS CALCULATED FROM THE TRIAL DATE STATED HEREIN
REMAIN THE APPLICABLE DEADLINES FOR THIS CASE EVEN IF THE
TRIAL DATE IS RESET AND REGARDLESS OF THE REASON FOR ANY
RESET.
Signed: 10/31/2022
CE
Love
VINCENZO
9. zat
SANTINI,
Presiding Judge — 457th District Court
Sent to: kcole@thecolelawfirm.com; cbarton@pbfcm.com
457" DISTRICT COURT ORDER GOVERNING DISCOVERY
PROTOCOLS FOR MONTGOMERY CENTRAL APPRAISAL CASES
PART 1: INTRODUCTION AND DEFINITIONS.
a) Statement of purpose.
The Discovery Protocols were prepared by a balanced group of highly experienced attorneys
who regularly represent plaintiffs or defendants in MCAD cases. The Protocols require the
exchange of information and documents routinely requested in MCAD cases. They are unlike
disclosures under TEX. R. Civ. P. 194 because they focus on the type of information most likely
to be useful in narrowing the issues for MCAD cases.
Q) Overview — Court Ordered Interrogatories and Production.
All answers to questions must be verified by litigant/representative. This discovery excludes any
privileged information and must be answered without objection. Responses to this discovery are
due 150 days before the trial date in the Docket Control Order. You must file a Certificate of
Written Discovery by the Monday following the deadline to response. Failure to timely
respond or file certificate of completion will result in a dismissal for want of prosecution,
exclusion of evidence, or further sanctions contemplated by the Court. Required Disclosures
and Designations of Experts are not satisfied by answering this Court Ordered Discovery.
@) Definitions. The following definitions apply to cases proceeding under the Discovery Protocols.
a. Concerning. The term “concerning” means referring to, describing, evidencing, or
constituting.
Document. The terms “document” and “documents” are defined to be synonymous in
meaning and equal in scope to the term “documents and tangible things” as used in TEX.
R. Civ. P. 192.3(b).
Identify (Persons). When referring to natural persons, to “identify” means to give the
person’s: (i) full name; (ii) present or last known address and telephone number; (iii)
present or last known place of employment; (iv) present or last known job title; and (v)
relationship, if any, to the plaintiff or defendant. Once a person has been identified in
accordance with this subparagraph, only the name of that person need be listed in
response to subsequent discovery requesting the identification of that person.
Defendant. This term refers to Montgomery Central Appraisal District.
Plaintiff. Any named individual(s) alleging appraisal complaints against MCAD in the
operative lawsuit.
f. Property refers to the real property at the location of dispute in this litigation.
g Code refers to the Texas Property Tax Code.
4) Instructions.
a. For Discovery responses, the relevant time period begins five years before the date the
initial Petition was filed.
This Discovery is not subject to objections.
If a partial or incomplete answer or production is provided, the responding party must
state the reason that the answer or production is partial or incomplete.
d. This Discovery is subject to TEX. R. Civ. P. 193.5(a) on supplementation.
¢€. This Discovery is subject to TEX. R. Civ. P. 196.2(b) on form of production.
PART 2 DISCOVERY.
a) Timing.
Responses to this Discovery are due 150 days prior to the trial date in the Docket Control Order.
All interrogatory responses must be verified by litigant/representative.
(2) Interrogatory Answers and Documents.
To Plaintiff:
1 If owner is going to opine as to market value of Property, please state the amount of value and
bases for said opinion. Produce all documents relied upon by owner (e.g., photos, comparable
sales, charts, MLS data, MCAD website, Google Maps, County Clerk Property records, etc).
What improvements (including scope of work) have been made on the Property in the last five
years? Produce all documents associated with said improvements (e.g., receipts, invoices,
photos, etc).
State any repairs (including scope of work) that have been made to the Property in the last five
years. Produce all documents associated with said repairs (e.g., receipts, invoices, photos, etc).
Identify by name, address, phone number, email any contractor, sub-contractor (including but not
limited to electrician, plumber, floor, framer, engineer, construction, masonry, roofer, etc.) that
performed repairs or improvements on the Property in the last five years.
Identify the name of any insurance carrier(s) that issued policies on the Property in the last five
years and policy numbers. Produce a copy of said policy/policies.
State any insurance claims made in the last five years for damage to the Property and to whether
and to what extent the insurance carrier covered or denied the claim(s). State the claim number
for each claim. Produce all documents pertaining to claim (e.g., correspondence to and from
insurance carrier, acceptance/denial letters, photos, estimates, receipts, invoices, etc).
How much value does Plaintiffs Insurance Company place on the Property (including land and
improvements).
State any deferred maintenance on the Property. Produce any documents (e.g., photos, receipts,
estimates, etc).
State if the Property has been listed for sale on any real estate market (public or private) in the
last five years and what the sales price was. Produce any documents associated with listing (e.g.,
HAR, MLS, listing agreement, photos, etc).
10. State any offers to purchase the Property in the last five years. Produce any documents
associated with offers (e.g., written offers, contracts to purchase, etc).
11 Identify by name, address, phone number, email any inspector or appraiser who has assessed
Property. Produce any inspection or appraiser report Plaintiff has.
12 When did Plaintiff purchase Property and for how much?
13 Identify by name, address, phone number, email anyone who has performed maintenance on
Property in last five years. Produce any documents pertaining to said maintenance (e.g., receipts,
invoices, photos, estimates, etc).
14. State any requests to HOA/CIA/POA to make improvements on to Property and the response
from the applicable entity in the last five years. Produce any documents pertaining said requests
(e.g., applications, surveys, photos, estimates, invoices, scopes of work, all correspondence to
and from entity, etc).
15 State any complaints about Property from HOA/CIA/POA or other government entity pertaining
to the characteristics of the Property. Produce any documents associated with said complaints.
16. State any prior appraisal protests made by owner on the Property, and the reason for disputed
amount (market value, equal and uniform value, etc.). Produce any documentation concerning
said protests (e.g., correspondence with Appraisal District, photos, comparable, charts, etc).
17 Produce any demonstrative exhibit you may utilize at trial, including, but not limited to chart of
comparable sales or unequal appraised values.
18 Produce photographs depicting characteristics of Property, Google Earth time lapse images, for
last five years and any photographs, Google Earth images Plaintiff will use in case in
chief.
19. If Plaintiff's Property is income producing, produce all profit and loss statements and rent rolls,
as well
as a list of all leased premises, for the last two years.
To Defendant:
1 State whether Defendant admits that the Property’s value was lowered in the tax year
immediately preceding the tax year at issue in this action (the “Prior Tax Year”) under Subtitle F
of the Code. If Defendant denies, explain why.
State whether Defendant admits that before filing this action, the owner of the Property
exhausted all administrative remedies under the Code. If Defendant denies, explain why.
State whether the owner of the Property timely filed this action. If Defendant denies, explain
why.
If the Property’s value was lowered in the Prior Tax Year under Subtitle F of Code, state all the
reasons for increasing its market value under § 23.01(e) of the Code for the tax year at issue in
this action (the “Current Tax Year”). Produce all documents and other evidence Defendant
considered when increasing its market value for the Current Tax Year.
For the Current Tax Year, describe in detail how Defendant determined the capitalization rate
required by § 11.1825(q) of the Code. Among other things, Defendant’s answer should include
all property sales Defendant considered in making this determination by identifying any such
sales with the names of the current and former owners of any such property and the physical
address for any such property, the account identification number, the sales price and operating
income upon which the capitalization rate for each such property was derived, the confirmation
source, and a description of any adjustments made to each such sale.
For any property sale reviewed or considered by Defendant or Defendant’s expert(s) in any
appraisal report of the Property for any purpose, produce each such other property’s most recent
(i) Application Summary and (ii) Underwriting Report, as prepared by the Texas Department of
Housing and Community Affairs in connection each such other property’s sale.
For any property sale reviewed or considered by Defendant or Defendant’s expert(s) in any
appraisal report of the Property for any purpose, produce all documents establishing the actual
purchase price paid by the buyer.
All appraisals of any low-income housing tax credit (“LIHTC”) property written or signed by
Defendant’s testifying expert(s) which is dated within two years of the “as of” date of
Defendant’s expert’s appraisal of the Property for the Current Tax Year.
9. The Income Appraisal Card for the Property and each other property considered or referenced in
any appraisal or analysis relating to the Property, including appraisals written by Defendant’s
expert(s) or any equal and uniform appraisal or analysis which Defendant performed.
10. Produce a list of all Apartment Tax Credit tax accounts for the Current Tax Year which are
appraised using the same or similar appraisal methods and techniques as the Property for the
Current Tax Year.
To Both Parties:
A For Section 42.25 Cases:
1 Describe the amount and the bases for that amount that is the “the appraised value
required by law”. Produce all documents in support of this position.
Describe any comparison of existing and court-determined values for the tax years at
issue. Produce any documents in support.
Explain why the appraised value is higher than the market value or why it is not as
applicable. Produce all documents in support.
B For Section 42.26 Cases:
1 Identify all properties Defendant considered in equal and uniform appraisal or analysis of
the Property. If a written “equal and uniform” appraisal was not performed on the
Property, then identify all properties Defendant considered to be equal to and uniform with
the Property and describe why Defendant considers them to be equal to and uniform with
the Property.
Identify and/or describe what adjustments, if any, Defendant made to the properties
Defendant considered in any equal and uniform appraisal or analysis of the Property. If a
written “equal and uniform” appraisal was not performed on the Property, then identify or
describe what adjustments, if any, should be made to those properties Defendant
considered to be equal to, and uniform with, the Property.
State the noticed value of each property Defendant considered in any equal and uniform
appraisal or analysis of the Property.
Regarding the properties that Defendant considered in any equal and uniform appraisal or
analysis of the Property, identify each such property which challenged its value and state
the resolution of that challenge (e.g., settled at informal conference before ARB hearing,
active litigation, etc.).
If applicable, for the Current Tax Year, produce all documents on which Defendant relied
in determining the capitalization rate required by § 11.1825(q).
If applicable, state the median level of appraisal of a reasonable and representative sample
of other properties in the appraisal district, and describe the properties which comprise the
sample. Produce all documents in support.
If applicable, state the median level of appraisal of a sample of properties in the appraisal
district consisting of a reasonable number of other properties similarly situated to, or of
the same general kind or character as, the property subject to the appeal, and describe the
properties which comprise the sample. Produce all documents in support.
If applicable, state the median appraised value of a reasonable number of comparable
properties appropriately adjusted, and describe the properties which comprise the sample.
Describe all adjustments made, the reasons for the adjustments, and the amount of the
adjustments. Produce all documents in support.
Preview
RECEIVED AND FILED FOR RECORD 10/31/2022 2:25 PM Melisa Miller, District Clerk Montgomery County, Texas CAUSE NO. 22-09-12291 STERLING RIDGE DEVELOPMENT I, § IN THE DISTRICT COURT OF LP vs. MONTGOMERY COUNTY, TEXAS MONTGOMERY CENTRAL 457"™ JUDICIAL DISTRICT APPRAISAL DISTRICT DOCKET CONTROL ORDER IT IS ORDERED that this Docket Control Order shall control the disposition of this matter; the Texas Rules of Civil Procedure shall control in computing any period of time not addressed within this Order; and any date that falls on a weekend or legal holiday (as determined by the Montgomery County Commissioners Court) shall be moved to the first business day thereafter. IT IS ORDERED THAT THE PLAINTIFF MUST IMMEDIATELY SEND A COPY OF THIS DOCKET CONTROL ORDER, BY A METHOD PRESCRIBED BY RULE 2la, TO EACH AND EVERY PARTY ANSWERING OR OTHERWISE APPEARING IN THIS CASE AFTER THE DATE THIS ORDER IS SIGNED. 1 RESPONSE TO MANDATORY DISCOVERY: 150 DAYS BEFORE TRIAL The parties shall engage in two mandatory discovery vehicles: (1) Rule 194 mandatory disclosures (the “Rule 194 Discovery”) and (2) the discovery under the ORDER GOVERNING DISCOVERY PROTOCOLS FOR MONTGOMERY CENTRAL APPRAISAL CASES (attached) (the “Protocols”). - FOLLOW ALL REQUIREMENTS IN THE ATTACHED ORDER GOVERNING DISCOVERY PROTOCOLS FOR MONTGOMERY CENTRAL APPRAISAL CASES, INCLUDING THE TIMING REQUIREMENTS FOR THE RESPONSES. FAILURE OF PLAINTIFF TO TIMELY RESPOND TO THE RULE 194 DISCOVERY AND/OR THE PROTOCOLS WILL RESULT IN DISMISSAL FOR WANT OF PROSECUTION. A CERTIFICATE OF WRITTEN DISCOVERY MUST BE FILED BY THE MONDAY FOLLOWING THE RESPONSE DUE DATE. FAILURE OF DEFENDANT TO TIMELY RESPOND TO THE RULE 194 DISCOVERY AND/OR THE PROTOCOLS WILL RESULT IN A SANCTION OF $100 PER DAY, PAYABLE TO PLAINTIFF, PLUS THE LOSS OF 15 MINUTES OF THE ALLOTTED TRIAL TIME FOR EACH DAY THAT THE RULE 194 DISCOVERY RESPONSES AND/OR THE PROTOCOLS ARE LATE. IF YOU WISH TO SKIP DISCOVERY, THEN FILE A RULE 11 SETTLEMENT NOTICE AND THE COURT WILL SET THIS CASE ON AN ENTRY DOCKET. 2. EXPERT WITNESS DESIGNATION: A list shall be filed which includes each expert’s name, address, telephone number, the subject of the testimony, and the opinions that will be proffered by each expert. Experts not listed in compliance with this paragraph will not be permitted to testify absent a showing of an exception under Rule 193.6. A Rule 195 disclosure is not a substitute for this filed designation. (a) Parties seeking affirmative relief 90 DAYS BEFORE TRIAL (b) All other parties 60 DAYS BEFORE TRIAL IF YOU WISH TO SKIP EXPERT WITNESS DESIGNATION, THEN FILE A RULE 11 SETTLEMENT NOTICE AND THE COURT WILL SET THIS CASE ON AN ENTRY DOCKET. 3. PLEADING DEADLINE: 120 DAYS BEFORE TRIAL All amendments and supplements to pleadings must be filed by this date. MEDIATION DEADLINE: 120 DAYS BEFORE TRIAL The parties must mediate in good faith with (1) said mediation to be completed by this date and (2) a Certificate must be filed within one business date after mediation occurs showing that mediation was completed by this date. FAILURE OF PLAINTIFF TO MEDIATE BY THIS DATE WILL RESULT IN DISMISSAL FOR WANT OF PROSECUTION. FAILURE OF DEFENDANT TO MEDIATE BY THIS DATE WILL RESULT IN A SANCTION OF $100 PER DAY, PAYABLE TO PLAINTIFF, PLUS THE LOSS OF 15 MINUTES OF THE ALLOTTED TRIAL TIME FOR EACH DAY THAT THE MEDIATION IS PAST DUE. FAILURE TO FILE THE CERTIFICATE WILL RESULT IN DISMISSAL FOR WANT OF PROSECUTION. IF YOU WISH TO SKIP REQUIRED INITIAL MEDIATION, THEN FILE A RULE 11 SETTLEMENT NOTICE AND BE MOVED TO AN ENTRY DOCKET. If the case does not settle at mediation, then the Court will appoint a Mediator and the parties must mediate in good faith within 30 days of the appointment with (1) said mediation to be completed by this date and (2) a Certificate must be filed within one business date after mediation occurs showing that mediation was completed by this date. FAILURE TO MEDIATE AND/OR TO FILE THE CERTIFICATE OF MEDIATION BY THIS DATE WILL RESULT IN DISMISSAL FOR WANT OF PROSECUTION. IF YOU WISH TO SKIP SUBSEQUENT COURT ASSIGNED MEDIATION, THEN FILE A RULE 11 SETTLEMENT NOTICE AND BE MOVED TO AN ENTRY DOCKET. 5. JOINT NOTICE FILING: 14 DAYS BEFORE TRIAL All parties will file a SINGLE Joint Notice with the Court, answering: () Are you ready for trial? Q) Do you need a Pre-Trial conference and, if so, why? - The Court will take up pre-trial motions in the hour prior to trial. You should request a Pre-Trial conference only if you need more time than that. Q) Are there any pending motions? If so, what are they and when were they filed? (4) Are there any special needs or accommodations for the presentation of the case, including any issues related to the availability of counsel and witnesses? If there is a disagreement among the parties as to any of these items, the Joint Notice will state the positions of each of the parties. ANY PARTY WHO FAILS TO PARTICIPATE IN THE DRAFTING PROCESS WILL BE SUBJECT TO SANCTIONS, INCLUDING DISMISSAL FOR WANT OF PROSECUTION AND A FINDING OF ABANDONMENT OF CLAIMS OR DEFENSES PURSUANT TO TEXAS RULES OF CIVIL PROCEDURE 165 AND 165a. - If any party does not participate with the Joint Notice, the party or parties filing the Joint Notice shall identify who did not participate. IF A JOINT NOTICE IS NOT TIMELY FILED, THE COURT WILL PRESUME THAT THE PARTIES HAVE NO FURTHER INTEREST IN PURSUING OR DEFENDING THIS MATTER AND THE COURT WILL DISPOSE OF THIS SUIT BY DISMISSAL FOR WANT OF PROSECUTION AND A FINDING OF ABANDONMENT OF CLAIMS OR DEFENSES PURSUANT TO TEXAS RULES OF CIVIL PROCEDURE 165 AND 165a. 6. PRE-TRIAL MATERIALS: 14 DAYS BEFORE TRIAL By no later than this date, all parties shall exchange with each other and file the following: a. EXHIBIT LIST. All exhibits to be offered at trial shall be pre-marked and identified by exhibit number on the list, with exhibits served on other parties, but not filed. Any party requiring authentication of an exhibit must file and serve notice of same within 7 days after the exhibit is provided; FAILURE TO DO SO IS AN ADMISSION TO AN EXHIBIT’S AUTHENTICITY. All exhibits which the parties agree to admit shall be admitted into evidence as a first order of business on the trial date. WITNESS LIST. All witnesses who are anticipated to be called to testify at trial, including all experts shall be on the Witness List. DEPOSITION EXCERPTS. All deposition excerpts that may be offered at trial in lieu of live testimony shall be identified by specific designated pages and line numbers. MOTIONS IN LIMINE. Motions Jn Limine should be specific to the case. Please do not duplicate the items which already appear in the Court’s Standing Order Jn Limine. JURY CHARGE. If the trial is to a jury, a proposed jury charge must be filed by this date. FINDING OF FACT/CONCLUSIONS OF LAW. If the trial is to the bench, proposed findings of Fact and Conclusions of Law must be filed by this date. 7 PRE-TRIAL CONFERENCE SCHEDULED BY COURT The Court will set pre-trial conferences based on the Court’s own motion or on request of the parties. The Court will notice all Pre-Trial conferences. Only those parties notified by the Court shall appear. 8. TRIAL May 22, 2023 This case is set for TRIAL on a two-week rolling docket beginning at 9:00 a.m. on the above date. YOU ARE ADVISED THAT EACH PARTY SHALL BE ALLOTTED 8 HOURS FOR TRIAL, SUCH TIME TO INCLUDE VOIR DIRE, BENCH CONFERENCES, AND SIMILAR. If the case is not assigned by the second Friday following this date, then the case will be reset. You are instructed to monitor the Court’s website to determine at what date and time you should appear: https://metx.org/departments/departments_d_- f/district_courts/457thdistrict_court/trial_line_up.php UNLESS OTHERWISE ORDERED BY THE COURT, THE FOREGOING DATES AS CALCULATED FROM THE TRIAL DATE STATED HEREIN REMAIN THE APPLICABLE DEADLINES FOR THIS CASE EVEN IF THE TRIAL DATE IS RESET AND REGARDLESS OF THE REASON FOR ANY RESET. Signed: 10/31/2022 CE Love VINCENZO 9. zat SANTINI, Presiding Judge — 457th District Court Sent to: kcole@thecolelawfirm.com; cbarton@pbfcm.com 457" DISTRICT COURT ORDER GOVERNING DISCOVERY PROTOCOLS FOR MONTGOMERY CENTRAL APPRAISAL CASES PART 1: INTRODUCTION AND DEFINITIONS. a) Statement of purpose. The Discovery Protocols were prepared by a balanced group of highly experienced attorneys who regularly represent plaintiffs or defendants in MCAD cases. The Protocols require the exchange of information and documents routinely requested in MCAD cases. They are unlike disclosures under TEX. R. Civ. P. 194 because they focus on the type of information most likely to be useful in narrowing the issues for MCAD cases. Q) Overview — Court Ordered Interrogatories and Production. All answers to questions must be verified by litigant/representative. This discovery excludes any privileged information and must be answered without objection. Responses to this discovery are due 150 days before the trial date in the Docket Control Order. You must file a Certificate of Written Discovery by the Monday following the deadline to response. Failure to timely respond or file certificate of completion will result in a dismissal for want of prosecution, exclusion of evidence, or further sanctions contemplated by the Court. Required Disclosures and Designations of Experts are not satisfied by answering this Court Ordered Discovery. @) Definitions. The following definitions apply to cases proceeding under the Discovery Protocols. a. Concerning. The term “concerning” means referring to, describing, evidencing, or constituting. Document. The terms “document” and “documents” are defined to be synonymous in meaning and equal in scope to the term “documents and tangible things” as used in TEX. R. Civ. P. 192.3(b). Identify (Persons). When referring to natural persons, to “identify” means to give the person’s: (i) full name; (ii) present or last known address and telephone number; (iii) present or last known place of employment; (iv) present or last known job title; and (v) relationship, if any, to the plaintiff or defendant. Once a person has been identified in accordance with this subparagraph, only the name of that person need be listed in response to subsequent discovery requesting the identification of that person. Defendant. This term refers to Montgomery Central Appraisal District. Plaintiff. Any named individual(s) alleging appraisal complaints against MCAD in the operative lawsuit. f. Property refers to the real property at the location of dispute in this litigation. g Code refers to the Texas Property Tax Code. 4) Instructions. a. For Discovery responses, the relevant time period begins five years before the date the initial Petition was filed. This Discovery is not subject to objections. If a partial or incomplete answer or production is provided, the responding party must state the reason that the answer or production is partial or incomplete. d. This Discovery is subject to TEX. R. Civ. P. 193.5(a) on supplementation. ¢€. This Discovery is subject to TEX. R. Civ. P. 196.2(b) on form of production. PART 2 DISCOVERY. a) Timing. Responses to this Discovery are due 150 days prior to the trial date in the Docket Control Order. All interrogatory responses must be verified by litigant/representative. (2) Interrogatory Answers and Documents. To Plaintiff: 1 If owner is going to opine as to market value of Property, please state the amount of value and bases for said opinion. Produce all documents relied upon by owner (e.g., photos, comparable sales, charts, MLS data, MCAD website, Google Maps, County Clerk Property records, etc). What improvements (including scope of work) have been made on the Property in the last five years? Produce all documents associated with said improvements (e.g., receipts, invoices, photos, etc). State any repairs (including scope of work) that have been made to the Property in the last five years. Produce all documents associated with said repairs (e.g., receipts, invoices, photos, etc). Identify by name, address, phone number, email any contractor, sub-contractor (including but not limited to electrician, plumber, floor, framer, engineer, construction, masonry, roofer, etc.) that performed repairs or improvements on the Property in the last five years. Identify the name of any insurance carrier(s) that issued policies on the Property in the last five years and policy numbers. Produce a copy of said policy/policies. State any insurance claims made in the last five years for damage to the Property and to whether and to what extent the insurance carrier covered or denied the claim(s). State the claim number for each claim. Produce all documents pertaining to claim (e.g., correspondence to and from insurance carrier, acceptance/denial letters, photos, estimates, receipts, invoices, etc). How much value does Plaintiffs Insurance Company place on the Property (including land and improvements). State any deferred maintenance on the Property. Produce any documents (e.g., photos, receipts, estimates, etc). State if the Property has been listed for sale on any real estate market (public or private) in the last five years and what the sales price was. Produce any documents associated with listing (e.g., HAR, MLS, listing agreement, photos, etc). 10. State any offers to purchase the Property in the last five years. Produce any documents associated with offers (e.g., written offers, contracts to purchase, etc). 11 Identify by name, address, phone number, email any inspector or appraiser who has assessed Property. Produce any inspection or appraiser report Plaintiff has. 12 When did Plaintiff purchase Property and for how much? 13 Identify by name, address, phone number, email anyone who has performed maintenance on Property in last five years. Produce any documents pertaining to said maintenance (e.g., receipts, invoices, photos, estimates, etc). 14. State any requests to HOA/CIA/POA to make improvements on to Property and the response from the applicable entity in the last five years. Produce any documents pertaining said requests (e.g., applications, surveys, photos, estimates, invoices, scopes of work, all correspondence to and from entity, etc). 15 State any complaints about Property from HOA/CIA/POA or other government entity pertaining to the characteristics of the Property. Produce any documents associated with said complaints. 16. State any prior appraisal protests made by owner on the Property, and the reason for disputed amount (market value, equal and uniform value, etc.). Produce any documentation concerning said protests (e.g., correspondence with Appraisal District, photos, comparable, charts, etc). 17 Produce any demonstrative exhibit you may utilize at trial, including, but not limited to chart of comparable sales or unequal appraised values. 18 Produce photographs depicting characteristics of Property, Google Earth time lapse images, for last five years and any photographs, Google Earth images Plaintiff will use in case in chief. 19. If Plaintiff's Property is income producing, produce all profit and loss statements and rent rolls, as well as a list of all leased premises, for the last two years. To Defendant: 1 State whether Defendant admits that the Property’s value was lowered in the tax year immediately preceding the tax year at issue in this action (the “Prior Tax Year”) under Subtitle F of the Code. If Defendant denies, explain why. State whether Defendant admits that before filing this action, the owner of the Property exhausted all administrative remedies under the Code. If Defendant denies, explain why. State whether the owner of the Property timely filed this action. If Defendant denies, explain why. If the Property’s value was lowered in the Prior Tax Year under Subtitle F of Code, state all the reasons for increasing its market value under § 23.01(e) of the Code for the tax year at issue in this action (the “Current Tax Year”). Produce all documents and other evidence Defendant considered when increasing its market value for the Current Tax Year. For the Current Tax Year, describe in detail how Defendant determined the capitalization rate required by § 11.1825(q) of the Code. Among other things, Defendant’s answer should include all property sales Defendant considered in making this determination by identifying any such sales with the names of the current and former owners of any such property and the physical address for any such property, the account identification number, the sales price and operating income upon which the capitalization rate for each such property was derived, the confirmation source, and a description of any adjustments made to each such sale. For any property sale reviewed or considered by Defendant or Defendant’s expert(s) in any appraisal report of the Property for any purpose, produce each such other property’s most recent (i) Application Summary and (ii) Underwriting Report, as prepared by the Texas Department of Housing and Community Affairs in connection each such other property’s sale. For any property sale reviewed or considered by Defendant or Defendant’s expert(s) in any appraisal report of the Property for any purpose, produce all documents establishing the actual purchase price paid by the buyer. All appraisals of any low-income housing tax credit (“LIHTC”) property written or signed by Defendant’s testifying expert(s) which is dated within two years of the “as of” date of Defendant’s expert’s appraisal of the Property for the Current Tax Year. 9. The Income Appraisal Card for the Property and each other property considered or referenced in any appraisal or analysis relating to the Property, including appraisals written by Defendant’s expert(s) or any equal and uniform appraisal or analysis which Defendant performed. 10. Produce a list of all Apartment Tax Credit tax accounts for the Current Tax Year which are appraised using the same or similar appraisal methods and techniques as the Property for the Current Tax Year. To Both Parties: A For Section 42.25 Cases: 1 Describe the amount and the bases for that amount that is the “the appraised value required by law”. Produce all documents in support of this position. Describe any comparison of existing and court-determined values for the tax years at issue. Produce any documents in support. Explain why the appraised value is higher than the market value or why it is not as applicable. Produce all documents in support. B For Section 42.26 Cases: 1 Identify all properties Defendant considered in equal and uniform appraisal or analysis of the Property. If a written “equal and uniform” appraisal was not performed on the Property, then identify all properties Defendant considered to be equal to and uniform with the Property and describe why Defendant considers them to be equal to and uniform with the Property. Identify and/or describe what adjustments, if any, Defendant made to the properties Defendant considered in any equal and uniform appraisal or analysis of the Property. If a written “equal and uniform” appraisal was not performed on the Property, then identify or describe what adjustments, if any, should be made to those properties Defendant considered to be equal to, and uniform with, the Property. State the noticed value of each property Defendant considered in any equal and uniform appraisal or analysis of the Property. Regarding the properties that Defendant considered in any equal and uniform appraisal or analysis of the Property, identify each such property which challenged its value and state the resolution of that challenge (e.g., settled at informal conference before ARB hearing, active litigation, etc.). If applicable, for the Current Tax Year, produce all documents on which Defendant relied in determining the capitalization rate required by § 11.1825(q). If applicable, state the median level of appraisal of a reasonable and representative sample of other properties in the appraisal district, and describe the properties which comprise the sample. Produce all documents in support. If applicable, state the median level of appraisal of a sample of properties in the appraisal district consisting of a reasonable number of other properties similarly situated to, or of the same general kind or character as, the property subject to the appeal, and describe the properties which comprise the sample. Produce all documents in support. If applicable, state the median appraised value of a reasonable number of comparable properties appropriately adjusted, and describe the properties which comprise the sample. Describe all adjustments made, the reasons for the adjustments, and the amount of the adjustments. Produce all documents in support.