Preview
FILED
DALLAS COUNTY
4/19/2018 3:07 PM
FELICIA PITRE
DISTRICT CLERK
CAUSE NO. DC-17-10592
MARTY MURPHY, § IN THE DISTRICT COURT
§
Plaintiff and Counterclaim- §
Defendant §
§
§
§
v. §
§
PAVECON HOLDING CO., INC., §
PAVECON LTD. CO., AND § 192nd JUDICIAL DISTRICT
PAVECON PUBLIC WORKS LP, §
§
Defendants and Counterclaim- §
Plaintiffs, §
§
v. §
§
STEPHANIE THOMPSON §
§
Counterclaim-Defendant § DALLAS COUNTY, TEXAS
JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING
AND ENTRY OF AGREED LEVEL 3 DOCKET CONTROL PLAN
In accordance with this Court’s October 4, 2017 Order, PLAINTIFF AND
COUNTERCLAIM-DEFENDANT MARTY MURPHY (“Murphy”), DEFENDANTS AND
COUNTERCLAIM-PLAINTIFFS PAVECON HOLDING CO., INC., PAVECON LTD. CO.,
AND PAVECON PUBLIC WORKS LP (“Pavecon”) and COUNTERCLAIM-DEFENDANT
STEPHANIE THOMPSON (“Thompson”) (“Parties” collectively hereinafter) ask the Court to
continue the trial in this case from September 10, 2018 to April 8, 2019 because the Parties need
additional time for discovery.
INTRODUCTION
Plaintiff and Counterclaim-Defendant is Marty Murphy; Defendants and Counterclaim-
Plaintiffs are Pavecon Holding Co., Inc.; Pavecon Ltd. Co.; and Pavecon Public Works LP.
JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING
AND ENTRY OF AGREED LEVEL 3 DOCKET CONTROL PLAN Page 1
Murphy filed his original petition on August 23, 2017. Pavecon’s original answer was filed
on October 2, 2017. Pavecon filed and served its’ original counterclaim on November 7, 2017
joining Counterclaim-Defendant Stephanie Thompson.
On December 12, 2017, Pavecon filed its motion to consolidate this case with Cause No.
DC 17-13163, Stephanie Thompson v. Labcon, Inc. and Pavecon Public Works, LP, in the 101st
Judicial District Court in Dallas County, Texas. After briefing and a hearing, this Court granted
the consolidation on January 22, 2018. On March 13, 2018, the Court entered the Parties Agreed
Protective Order.
On March 15, 2018, Plaintiff Marty Murphy filed his second amended petition joining
Pavecon Public Works GP LLC, Labcon, Inc. and C. David Walker. Labcon, Inc. was served
citation on March 26, 2018 and Pavecon Public Works GP LLC and C. David Walker were served
on March 27, 2018.
This case is set for trial on September 10, 2018 at 9:00am. Discovery in this suit was
governed by a Level 2 discovery control plan. The discovery period will end on August 3, 2018.
Expert designation for parties seeking affirmative relief is May 4, 2018. All other experts are to
be designated by June 4, 2018.
A portion of the discovery in this case has been completed. The Parties have exchanged
written discovery and have conducted a site inspection of Murphy’s property. No depositions have
been taken.
ARGUMENTS AND AUTHORITIES
This is the Parties first motion for continuance of the trial setting and request for Level 3
Docket Control Plan. This case has been on file for less than a year. The continuance sought
JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING
AND ENTRY OF AGREED LEVEL 3 DOCKET CONTROL PLAN Page 2
herein is not for delay only but so that justice may be served.
Good cause exists to continue the September 10, 2018 trial setting and to enter the Agreed
Level 3 Docket Control Plan. Since the filing of this case, the Parties have been diligently
conducting discovery and working to prepare their case for trial. The Parties have exchanged
written discovery and are working together to address issues with written discovery responses and
document production. The Parties have also conducted an inspection of Murphy’s real property.
However, through no fault of the Parties, the Parties need additional time to obtain testimony and
evidence on their claims in order to adequately prepare their claims and defenses for trial.
Additional time is needed to conduct discovery as to the additional parties joined in this case on
March 26, 2018. The testimony and evidence needed is material to the Parties claims and defenses.
The Parties are in agreement to the continuance of the September 10, 2018 trial setting
and request the Court to respect the agreement to continue the case unless the requested delay
would unreasonably interfere with other business of the court. TEX. R. CIV. P. 330(d).
The Parties move the Court to conduct discovery in this case under Level 3 and submit a
proposed Agreed Level 3 Docket Control Plan for entry.1
PRAYER
For these reasons, the Parties ask the Court to continue the trial in this case to April 8, 2019
and to enter the proposed Agreed Level Three Docket Control Order.
1
A court must, on a party’s motion (and may, on its own initiative), order that discovery be conducted as a Level 3
case with a discovery-control plan tailored to the specific suit. TEX. R. CIV. P. 190.4(a).
JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING
AND ENTRY OF AGREED LEVEL 3 DOCKET CONTROL PLAN Page 3
Respectfully submitted,
CANTEY HANGER LLP
/s/ Stephanie L. Millett
Charles H. Smith i Attorney in Charge
State Bar No. 18550500
chsmitthcanteyhanger.com
David Denny
State Bar N0. 007873 54
ddenn cante han er.com
Stephanie L. Millett
State Bar No. 00797070
smillettgwcanteyhanger.com
1999 Bryan Street, Suite 3300
Dallas,Texas 75201
(214) 740-4200
(214) 978-4140 - Telecopier
ATTORNEYS FOR MARTY MURPHY
-AND-
/s/ J. Robert Arnett II
J. Robert Arnett II
Texas Bar No. 01332900
bamett@carterarnett.com
Stacey Cho Hernandez
Texas Bar No. 24063953
shemandez@carterarnett.com
CARTER ARNETT PLLC
8 1 50 N. Central Expressway
Suite 500
Dallas,Texas 75206
Telephone: (2 14) 550-8 1 88
Facsimile: (2 14) 550-8 1 85
ATTORNEYS FOR PAVECON HOLDING CO.,
INC., PAVECON LTD. CO., AND PAVECON
PUBLIC WORKS LP
-AND-
JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING
AND ENTRY OF AGREED LEVEL 3 DOCKET CONTROL PLAN Page 4
/s/ David Fielding
David Fielding
State Bar No. 06974500
CANTEY HANGER LLP.
600 West 6th Street, Suite 300
Fort Worth, Texas 76102
(817) 877-2827 Telephone
(817) 817-333-2939 Facsimile
Email: dfielding@canteyhanger.com
ATTORNEYS FOR STEPHANIE
THOMPSON
CERTIFICATE OF CONFERENCE
I hereby certify that Counsel for Murphy, Counsel for Pavecon, and Counsel for Thompson
conducted a conference and all counsel for the Parties are in agreement and jointly seek the relief
sought in this motion.
/s/ Stephanie L. Millett
CERTIFICATE OF SERVICE
I hereby certify that, on April 19, 2018, all counsel of record were served with this
instrument through the Court’s electronic filing system.
/s/ Stephanie L. Millett
JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING
AND ENTRY OF AGREED LEVEL 3 DOCKET CONTROL PLAN Page 5
Preview
FILED DALLAS COUNTY 4/19/2018 3:07 PM FELICIA PITRE DISTRICT CLERK CAUSE NO. DC-17-10592 MARTY MURPHY, § IN THE DISTRICT COURT § Plaintiff and Counterclaim- § Defendant § § § § v. § § PAVECON HOLDING CO., INC., § PAVECON LTD. CO., AND § 192nd JUDICIAL DISTRICT PAVECON PUBLIC WORKS LP, § § Defendants and Counterclaim- § Plaintiffs, § § v. § § STEPHANIE THOMPSON § § Counterclaim-Defendant § DALLAS COUNTY, TEXAS JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING AND ENTRY OF AGREED LEVEL 3 DOCKET CONTROL PLAN In accordance with this Court’s October 4, 2017 Order, PLAINTIFF AND COUNTERCLAIM-DEFENDANT MARTY MURPHY (“Murphy”), DEFENDANTS AND COUNTERCLAIM-PLAINTIFFS PAVECON HOLDING CO., INC., PAVECON LTD. CO., AND PAVECON PUBLIC WORKS LP (“Pavecon”) and COUNTERCLAIM-DEFENDANT STEPHANIE THOMPSON (“Thompson”) (“Parties” collectively hereinafter) ask the Court to continue the trial in this case from September 10, 2018 to April 8, 2019 because the Parties need additional time for discovery. INTRODUCTION Plaintiff and Counterclaim-Defendant is Marty Murphy; Defendants and Counterclaim- Plaintiffs are Pavecon Holding Co., Inc.; Pavecon Ltd. Co.; and Pavecon Public Works LP. JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING AND ENTRY OF AGREED LEVEL 3 DOCKET CONTROL PLAN Page 1 Murphy filed his original petition on August 23, 2017. Pavecon’s original answer was filed on October 2, 2017. Pavecon filed and served its’ original counterclaim on November 7, 2017 joining Counterclaim-Defendant Stephanie Thompson. On December 12, 2017, Pavecon filed its motion to consolidate this case with Cause No. DC 17-13163, Stephanie Thompson v. Labcon, Inc. and Pavecon Public Works, LP, in the 101st Judicial District Court in Dallas County, Texas. After briefing and a hearing, this Court granted the consolidation on January 22, 2018. On March 13, 2018, the Court entered the Parties Agreed Protective Order. On March 15, 2018, Plaintiff Marty Murphy filed his second amended petition joining Pavecon Public Works GP LLC, Labcon, Inc. and C. David Walker. Labcon, Inc. was served citation on March 26, 2018 and Pavecon Public Works GP LLC and C. David Walker were served on March 27, 2018. This case is set for trial on September 10, 2018 at 9:00am. Discovery in this suit was governed by a Level 2 discovery control plan. The discovery period will end on August 3, 2018. Expert designation for parties seeking affirmative relief is May 4, 2018. All other experts are to be designated by June 4, 2018. A portion of the discovery in this case has been completed. The Parties have exchanged written discovery and have conducted a site inspection of Murphy’s property. No depositions have been taken. ARGUMENTS AND AUTHORITIES This is the Parties first motion for continuance of the trial setting and request for Level 3 Docket Control Plan. This case has been on file for less than a year. The continuance sought JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING AND ENTRY OF AGREED LEVEL 3 DOCKET CONTROL PLAN Page 2 herein is not for delay only but so that justice may be served. Good cause exists to continue the September 10, 2018 trial setting and to enter the Agreed Level 3 Docket Control Plan. Since the filing of this case, the Parties have been diligently conducting discovery and working to prepare their case for trial. The Parties have exchanged written discovery and are working together to address issues with written discovery responses and document production. The Parties have also conducted an inspection of Murphy’s real property. However, through no fault of the Parties, the Parties need additional time to obtain testimony and evidence on their claims in order to adequately prepare their claims and defenses for trial. Additional time is needed to conduct discovery as to the additional parties joined in this case on March 26, 2018. The testimony and evidence needed is material to the Parties claims and defenses. The Parties are in agreement to the continuance of the September 10, 2018 trial setting and request the Court to respect the agreement to continue the case unless the requested delay would unreasonably interfere with other business of the court. TEX. R. CIV. P. 330(d). The Parties move the Court to conduct discovery in this case under Level 3 and submit a proposed Agreed Level 3 Docket Control Plan for entry.1 PRAYER For these reasons, the Parties ask the Court to continue the trial in this case to April 8, 2019 and to enter the proposed Agreed Level Three Docket Control Order. 1 A court must, on a party’s motion (and may, on its own initiative), order that discovery be conducted as a Level 3 case with a discovery-control plan tailored to the specific suit. TEX. R. CIV. P. 190.4(a). JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING AND ENTRY OF AGREED LEVEL 3 DOCKET CONTROL PLAN Page 3 Respectfully submitted, CANTEY HANGER LLP /s/ Stephanie L. Millett Charles H. Smith i Attorney in Charge State Bar No. 18550500 chsmitthcanteyhanger.com David Denny State Bar N0. 007873 54 ddenn cante han er.com Stephanie L. Millett State Bar No. 00797070 smillettgwcanteyhanger.com 1999 Bryan Street, Suite 3300 Dallas,Texas 75201 (214) 740-4200 (214) 978-4140 - Telecopier ATTORNEYS FOR MARTY MURPHY -AND- /s/ J. Robert Arnett II J. Robert Arnett II Texas Bar No. 01332900 bamett@carterarnett.com Stacey Cho Hernandez Texas Bar No. 24063953 shemandez@carterarnett.com CARTER ARNETT PLLC 8 1 50 N. Central Expressway Suite 500 Dallas,Texas 75206 Telephone: (2 14) 550-8 1 88 Facsimile: (2 14) 550-8 1 85 ATTORNEYS FOR PAVECON HOLDING CO., INC., PAVECON LTD. CO., AND PAVECON PUBLIC WORKS LP -AND- JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING AND ENTRY OF AGREED LEVEL 3 DOCKET CONTROL PLAN Page 4 /s/ David Fielding David Fielding State Bar No. 06974500 CANTEY HANGER LLP. 600 West 6th Street, Suite 300 Fort Worth, Texas 76102 (817) 877-2827 Telephone (817) 817-333-2939 Facsimile Email: dfielding@canteyhanger.com ATTORNEYS FOR STEPHANIE THOMPSON CERTIFICATE OF CONFERENCE I hereby certify that Counsel for Murphy, Counsel for Pavecon, and Counsel for Thompson conducted a conference and all counsel for the Parties are in agreement and jointly seek the relief sought in this motion. /s/ Stephanie L. Millett CERTIFICATE OF SERVICE I hereby certify that, on April 19, 2018, all counsel of record were served with this instrument through the Court’s electronic filing system. /s/ Stephanie L. Millett JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING AND ENTRY OF AGREED LEVEL 3 DOCKET CONTROL PLAN Page 5