On August 23, 2017 a
Stipulation,Agreement
was filed
involving a dispute between
Murphy, Marty,
and
Labcon Inc,
Pavecon Holdings Co., Inc.,
Pavecon Ltd. Co.,
Pavecon Public Works Gp Llc,
Pavecon Public Works Lp,
Thompson, Stephanie,
Walker, C David,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
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CAUSE N0. DC-l7-10592
MARTY MURPHY, IN THE DISTRICT COURT
Plaintiffand Counterclaim-
Defendant
V.
PAVECON HOLDING C0., INC.,
PAVECON LTD. C0., AND wwmwwmwmmmwwwmmmmwmmw
192““ JUDICIAL DISTRICT
PAVECON PUBLIC WORKS LP,
Defendants and Counterclaim-
Plaintiffs,
v.
STEPHANIE THOMPSON
Counterclaim-Defendant DALLAS COUNTY, TEXAS
AMENDED AGREED LEVEL THREE DOCKET CONTROL ORDER
In accordance with the Texas Rules of Civil Procedure, the Court orders this case
conducted as a Level Three case for the purposes ofdiscovery and trial. Additionally, the following
deadlines shall be imposed in this matter:
1. April 8, 2019 TRIAL SETTING: This case is set for trial on this date.
2. December 10, 2018 EXPERT DESIGNATION- AFFIRMATIVE
RELIEF: Parties seeking affirmative relief shall file a
designation of their testifying experts and provide expert reports
and curriculum vitaes from retained experts. Per 194.2(f).
3. Januag 9, 2019 EXPERT DESIGNATION- OPPOSING
AFFIRMATIVE RELIEF: Parties opposing affirmative relief
shall file a designation oftheir testifying expens and provide expert
reports and curriculum vitaes from retained experts. Per 194.2(f).
AMENDED AGREED LEVEL THREE DOCKET CONTROL ORDER PAGE l
September 24, 2018 PLEADINGS: The parties shall file any pleadings asserting
new causes of action or defenses. Responsive pleadings shail
be filed within fourteen (l4) days.
November 12, 2018 MEDIATION: The parties agree to mediate by this date.
Februarv 11, 2019 DISCOVERY: All discovery must be concluded by this date.
Discovery requests must be served in time to permit response
by this date.
Januafl 25, 2019 DAUBERT/ROBINSON CHALLENGES: Any objection or
motion t0 exclude or limit expert testimony due to qualification
of the expert or reliability of the opinions must be filed no later
than this date, or twenty-one (21) days afier completion of the
expert's deposition, whichever is later.
Februafl 25, 2019 DISPOSTIVE MOTIONS: Dispositive motions must be filed
by this date.
March 15, 2019 DEPOSITION DESIGNATIONS: All page line designations
of videotape offers of testimony of witnesses to be called on
direct shall be filed by this date. All responsive designations
and objections shall be filed by March 22, 2019.
10. March 25, 2019 WITNESS/EXHIBIT LISTS: A list of trial witnesses and
trial exhibits shall be filed by this date. All objections shall be
filed filed by March 29, 2019.
ll. April l, 2019 MOTIONS IN LIMINE AND JURY CHARGE: The parties
shall file their Motion in Limine and proposed Jury Charge by
this date.
12. August 27, 2018 JOINDER: All parties must be added and served, whether by
amendment or third party practice, by this date. THE PARTY
CAUSING THE JOINDER SHALL PROVIDE A COPY 0F
THIS SCHEDULING ORDER AT THE TIME OF SERVICE.
13. Februagy 18, 2019 SEPARATE TRIALS: Motions for separate trials of the
consolidated cases must be filed by this date.
AMENDED AGREED LEVEL THREE DOCKET CONTROL ORDER PAGE 2
Any deadline contained in this order, except the Trial Date, can be modified by written
consent of all the panics or by Order of the Court.
SIGNEDthis fie day of
!
M ,2018.
JUDGE PRESIDINGN
k
AMENDED AGREED LEVEL THREE DOCKET CONTROL ORDER PAGE 3
AGREED TO:
/s/Charles H. Smith
Charles H. Smith
COUNSEL FOR PLAINTIFF
AND COUNTERCLAIM DEFENDANT
/s/ J. Robert Arnett II
J. Robert Amett II
ATTORNEY FOR DEFENDANTS
AND COUNTERCLAIM PLAINTIFFS
/s/David Fielding
David Fielding
ATTORNEY FOR COUNTERCLAIM
DEFENDANT
AMENDEDAGREEDLEVELTHREEDOCKETCONTROLORDER PAGE4
Document Filed Date
July 30, 2018
Case Filing Date
August 23, 2017
Category
CNTR CNSMR COM DEBT
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CAUSE N0. DC-l7-10592 MARTY MURPHY, IN THE DISTRICT COURT Plaintiffand Counterclaim- Defendant V. PAVECON HOLDING C0., INC., PAVECON LTD. C0., AND wwmwwmwmmmwwwmmmmwmmw 192““ JUDICIAL DISTRICT PAVECON PUBLIC WORKS LP, Defendants and Counterclaim- Plaintiffs, v. STEPHANIE THOMPSON Counterclaim-Defendant DALLAS COUNTY, TEXAS AMENDED AGREED LEVEL THREE DOCKET CONTROL ORDER In accordance with the Texas Rules of Civil Procedure, the Court orders this case conducted as a Level Three case for the purposes ofdiscovery and trial. Additionally, the following deadlines shall be imposed in this matter: 1. April 8, 2019 TRIAL SETTING: This case is set for trial on this date. 2. December 10, 2018 EXPERT DESIGNATION- AFFIRMATIVE RELIEF: Parties seeking affirmative relief shall file a designation of their testifying experts and provide expert reports and curriculum vitaes from retained experts. Per 194.2(f). 3. Januag 9, 2019 EXPERT DESIGNATION- OPPOSING AFFIRMATIVE RELIEF: Parties opposing affirmative relief shall file a designation oftheir testifying expens and provide expert reports and curriculum vitaes from retained experts. Per 194.2(f). AMENDED AGREED LEVEL THREE DOCKET CONTROL ORDER PAGE l September 24, 2018 PLEADINGS: The parties shall file any pleadings asserting new causes of action or defenses. Responsive pleadings shail be filed within fourteen (l4) days. November 12, 2018 MEDIATION: The parties agree to mediate by this date. Februarv 11, 2019 DISCOVERY: All discovery must be concluded by this date. Discovery requests must be served in time to permit response by this date. Januafl 25, 2019 DAUBERT/ROBINSON CHALLENGES: Any objection or motion t0 exclude or limit expert testimony due to qualification of the expert or reliability of the opinions must be filed no later than this date, or twenty-one (21) days afier completion of the expert's deposition, whichever is later. Februafl 25, 2019 DISPOSTIVE MOTIONS: Dispositive motions must be filed by this date. March 15, 2019 DEPOSITION DESIGNATIONS: All page line designations of videotape offers of testimony of witnesses to be called on direct shall be filed by this date. All responsive designations and objections shall be filed by March 22, 2019. 10. March 25, 2019 WITNESS/EXHIBIT LISTS: A list of trial witnesses and trial exhibits shall be filed by this date. All objections shall be filed filed by March 29, 2019. ll. April l, 2019 MOTIONS IN LIMINE AND JURY CHARGE: The parties shall file their Motion in Limine and proposed Jury Charge by this date. 12. August 27, 2018 JOINDER: All parties must be added and served, whether by amendment or third party practice, by this date. THE PARTY CAUSING THE JOINDER SHALL PROVIDE A COPY 0F THIS SCHEDULING ORDER AT THE TIME OF SERVICE. 13. Februagy 18, 2019 SEPARATE TRIALS: Motions for separate trials of the consolidated cases must be filed by this date. AMENDED AGREED LEVEL THREE DOCKET CONTROL ORDER PAGE 2 Any deadline contained in this order, except the Trial Date, can be modified by written consent of all the panics or by Order of the Court. SIGNEDthis fie day of ! M ,2018. JUDGE PRESIDINGN k AMENDED AGREED LEVEL THREE DOCKET CONTROL ORDER PAGE 3 AGREED TO: /s/Charles H. Smith Charles H. Smith COUNSEL FOR PLAINTIFF AND COUNTERCLAIM DEFENDANT /s/ J. Robert Arnett II J. Robert Amett II ATTORNEY FOR DEFENDANTS AND COUNTERCLAIM PLAINTIFFS /s/David Fielding David Fielding ATTORNEY FOR COUNTERCLAIM DEFENDANT AMENDEDAGREEDLEVELTHREEDOCKETCONTROLORDER PAGE4