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JENNIFER JAMES ROBIN
Judge, 410th Judicial District Court
Montgomery County Courthouse ¢ 301 N. Main, Suite 214 ¢ Conroe, TX 77301
(936) 539-7860 or (281) 364-4200 ext. 7860 Fax (936) 538-8160
Leslie Broz Jill Driscoll, CSR, CBC
Court Administrator Official Court Reporter
eslie.broz@mctx.org jill.driscoll@mctx.org
Mona Jones
Court Coordinator
mona.jones@mctx.org
March 02, 2019
CHRISTOPHER J. ARCHAMBAULT 17044 EL CAMINO REAL
Sent Via Email HOUSTON TX 77058
RE: Cause No.18-12-16954; WALNUT COVE PROPERTY OWNERS
ASSOCIATION, INC. VS. DAVID L HARPER,THELMA J HARPER AKA
THELMA J ROGERS; In the 410" Judicial District Court of Montgomery
County, Texas.
Dear Counsel:
Enclosed/attached is a Scheduling Order which shall control the disposition of
this matter. THE TRIAL AND THE DOCKET CALL-PRETRIAL CONFERENCE DATES
ARE FIRM AND ARE NOT SUBJECT TO CHANGE. The parties may agree upon
reasonable adjustments to the other dates, and to any limitation on the time for or
amount of discovery allowed under either the SCHEDULING ORDER or the Texas
Rules of Civil Procedure. Any Amended Discovery Control Plan shall be filed within 20
days of the date of this letter, or within 20 days after the appearance of opposing
counsel. lf an Amended Scheduling Order is not so filed, all dates on the
enclosed/attached SCHEDULING ORDER shall control. Counsel shall also comply with
the enclosed TRIAL PREPARATION ORDER.
This case has been set for TRIAL on OCTOBER 28, 2019 at 9:00 a.m. All
counsel and/or parties shall be prepared to discuss all issues relating to this case
(including settlement) at the DOCKET CALL-PRETRIAL CONFERENCE on Friday,
OCTOBER 18, 2019 at 9:00 a.m. Counsel shall contact the Court Coordinator at (936)
539-7860, and advise him/her of the amount of time this trial will require.
THE PARTY CAUSING THE JOINDER OF ANY NEW PARTY(IES)
FOLLOWING THE ISSUANCE OF THE ENCLOSED/ATTACHED SCHEDULING
ORDER AND TRIAL PREPARTION ORDER SHALL PROVIDE A COPY OF THIS
LETTER, THE SCHEDULING ORDER, THE TRIAL PREPARATION ORDER AND ANY
APPLICABLE STANDING ORDER(S) TO THE NEW PARTY(IES) AT THE TIME OF
APPEARANCE.
Sincerely,
/s/ Jennifer Robin
Jennifer Robin, Judge Presiding
4107 Judicial District Court
CAUSE NO. 18-12-16954
WALNUT COVE PROPERTY § IN THE DISTRICT COURT OF
OWNERS ASSOCIATION, INC.
vs. § MONTGOMERY COUNTY, TEXAS
DAVID L HARPER; THELMA J 410T4 JUDICIAL DISTRICT
HARPER AKA THELMA J ROGERS
SCHEDULING ORDER AND NOTICE OF INTENT TO DISMISS
CIVIL, NON-JURY
IT IS ORDERED that the following Scheduling Order and Notice of Intent to
Dismiss shall control the disposition of this matter. THE TRIAL DATE AND THE
DOCKET CALL/PRE-TRIAL CONFERENCE DATE ARE FIRM AND ARE NOT
SUBJECT TO CHANGE WITHOUT WRITTEN ORDER OF THE COURT. All other
dates may be modified by filing an agreed Amended Discovery Control Plan and
pursuant to Rule 11 of the Texas Rules of Civil Procedure. The Texas Rules of Civil
Procedure shall control in computing any period of time prescribed or allowed by this
Order.
IT IS ORDERED that the following Trial Preparation Order shall further control
the disposition of this matter. All parties and counsel shall comply with these orders.
This case has been set for TRIAL on OCTOBER 28, 2019, at 9:00 a.m.
A party who timely pays a jury fee after the date of this scheduling order
shall contact the court coordinator to be placed on the jury trial calendar.
All parties, or their counsel with authority to make binding decisions, shall be
present, and be prepared to discuss all issues relating to this case (including
settlement) at the DOCKET CALL/PRE-TRIAL CONFERENCE on Friday, OCTOBER
18, 2019, at 9:00 a.m. All motions for continuance must be filed prior to the Docket
Call/Pre-Trial Conference, except in exigent circumstances.
THE PARTY CAUSING THE JOINDER OF ANY NEW PARTY(IES)
FOLLOWING THE ISSUANCE OF THESE ORDERS SHALL PROVIDE A COPY OF
THIS SCHEDULING ORDER AND NOTICE OF INTENT TO DISMISS AND THE
TRIAL PREPARATION ORDER AND ANY APPLICABLE STANDING ORDER(S) TO
THE NEW PARTY(IES) AT THE EARLIEST OCCURRENCE OF EITHER THE TIME
OF SERVICE OR APPEARANCE IN THE CASE.
ALL PARTIES SHALL COMPLY WITH THE COURT’S STANDING ORDERS WHICH
CAN BE FOUND ON THE COURT’S WEBSITE (http://www.mctx.org).
Any date that falls on a weekend or legal holiday (as determined by the
Montgomery County Commissioners Court) shall be moved to the next business day
that does not fall on a weekend or legal holiday.
1. 180 DAYS BEFORE TRIAL JOINDER. All parties must be added and served,
whether by amendment or third-party practice, by this
date. THE PARTY CAUSING THE JOINDER OF
ANY NEW = PARTY(IES) FOLLOWING THE
ISSUANCE OF THIS SCHEDULING ORDER SHALL
PROVIDE A COPY OF THIS SCHEDULING ORDER
AND NOTICE OF INTENT TO DISMISS, AS WELL
AS THE TRIAL PREPARATION ORDER AND ANY
APPLICABLE STANDING ORDER(S), TO THE NEW
PARTY(IES) AT THE EARLIEST OCCURRENCE OF
EITHER THE TIME OF SERVICE OR
APPEARANCE IN THE CASE.
2. 90 DAYS BEFORE TRIAL PLEADINGS. All amendments and supplements
must be filed by this date. This order does not
preclude prompt filing of pleadings directly responsive
to any timely filed pleadings.
EXPERT WITNESS DESIGNATION. A list shall be
filed that includes each expert's name, address,
telephone number(s), and the subject of the testimony
and opinions that will be proffered by each expert.
(a) 75 DAYS BEFORE TRIAL Plaintiff(s); and
(b) 60 DAYS BEFORE TRIAL All other parties.
Experts not listed in compliance with this paragraph
will not be permitted to testify absent a showing of
good cause. This designation is not a substitute for
any required discovery supplementation.
4. 45 DAYS BEFORE TRIAL DEPOSITIONS DEADLINE. All deposition notices
must be served by this date.
5.45 DAYS BEFORE TRIAL SUMMARY JUDGMENTS. All Motions for Summary
Judgment shall be filed by this date.
6. 30 DAYS BEFORE DOCKET CALL/PRE-TRIAL CONFERENCE
MEDIATION/ ALTERNATIVE DISPUTE
RESOLUTION. By this date, mediation must be
completed. The named parties and their respective
attorneys shall be present during the entire mediation
process, and each corporate party must be
represented by an executive with full authority to
negotiate a settlement.
7. {een
OCTOBER 18,
ey 2019 DOCKET CALL/PRETRIAL CONFERENCE. ( 9:00
a.m.). Attorney's or parties shall be prepared to
discuss all aspects of trial with the court on this date.
Parties shall comply with the Trial Preparation
Order.
NOTICE OF INTENT TO DISMISS ON DOCKET
CALL/PRE-TRIAL_ CONFERENCE DATE: THIS
CASE MAY BE DISMISSED FOR WANT
OFPROSECUTION ON OR AFTER THE DATE OF
THE DOCKET CALL/PRE-TRIAL CONFERENCE if
by said date there is no:
a. Service with citation;
b. Answer or properly executed Waiver on file; or
c. Mediation.
8. OCTOBER 28, 2019 TRIAL — 9:00 a.m.
TRIAL PREPARATION ORDER
CIVIL, NON-JURY
Pursuant to Rule 166 of the Texas Rules of Civil Procedure, it is hereby
ORDEDED that a DOCKET CALL/PRE-TRIAL CONFERENCE is set in this matter for
9:00 a.m. on Friday, OCTOBER 18, 2019. Counsel shall be prepared to discuss all
matters as may aid in the disposition of this action, including those items outlined in
Rule 166 (a) — (p).
Pursuant to Rule 166, the following shall apply:
1) DOCKET CALL/PRE-TRIAL CONFERENCE shall be at 9:00 a.m. on Friday
OCTOBER 18, 2019.
2) All parties, or their counsel with authority to make binding decisions, shall be
present, and ready to discuss all issues relating to this case (including
settlement) at the DOCKET CALL/PRE-TRIAL CONFERENCE.
3) At the DOCKET CALL/PRE-TRIAL CONFERENCE, all parties must file with
the Court and serve on opposing counsel the following:
a An exhibit list. All exhibits that will be offered at trial shall be pre-marked
and identified by exhibit number on the exhibit list. Prior to the
commencement of trial on the morning of the trial date, the attorneys shall
confer to identify those exhibits to which admissibility may be stipulated.
All exhibits not objected to by opposing counsel shall be admitted into
evidence as a first order of business at trial;
A witness list. All witnesses that are anticipated to be called to testify at
trial, including all experts and all attorneys testifying as to attorney fees,
shall be identified in this list;
All deposition excerpts that may be offered at trial in lieu of live testimony,
with specific designated pages and line numbers;
Any briefs or authorities on issues that may come before the Court during
trial; and
In jury trials:
I Motions in limine; and
" A proposed jury charge with definitions, instructions, and questions.
A copy shall also be provided via email to the court coordinator (not
flash drive or CD) in MS Word Format.
4) All other pre-trial discovery, deadlines, and other matters shall be governed by
the SCHEDULING ORDER AND NOTICE OF INTENT TO DISMISS entered in
this case and by the Texas Rules of Civil Procedure.
5) All counsel shall advise the Court Coordinator of any audio/visual or special
needs for the presentation of their cases.
6) All Counsel shall be familiar with, and shall comply with THE TEXAS LAWYER’S
CREED.
Any party that fails to comply with the above will be subject to appropriate sanctions
and/or the exclusion of some or all of that party’s evidence.
Signed: March 02, 2019
/s/ Jennifer Robin
JENNIFER ROBIN, JUDGE PRESIDING
410TH JUDICIAL DISTRICT COURT
Preview
JENNIFER JAMES ROBIN Judge, 410th Judicial District Court Montgomery County Courthouse ¢ 301 N. Main, Suite 214 ¢ Conroe, TX 77301 (936) 539-7860 or (281) 364-4200 ext. 7860 Fax (936) 538-8160 Leslie Broz Jill Driscoll, CSR, CBC Court Administrator Official Court Reporter eslie.broz@mctx.org jill.driscoll@mctx.org Mona Jones Court Coordinator mona.jones@mctx.org March 02, 2019 CHRISTOPHER J. ARCHAMBAULT 17044 EL CAMINO REAL Sent Via Email HOUSTON TX 77058 RE: Cause No.18-12-16954; WALNUT COVE PROPERTY OWNERS ASSOCIATION, INC. VS. DAVID L HARPER,THELMA J HARPER AKA THELMA J ROGERS; In the 410" Judicial District Court of Montgomery County, Texas. Dear Counsel: Enclosed/attached is a Scheduling Order which shall control the disposition of this matter. THE TRIAL AND THE DOCKET CALL-PRETRIAL CONFERENCE DATES ARE FIRM AND ARE NOT SUBJECT TO CHANGE. The parties may agree upon reasonable adjustments to the other dates, and to any limitation on the time for or amount of discovery allowed under either the SCHEDULING ORDER or the Texas Rules of Civil Procedure. Any Amended Discovery Control Plan shall be filed within 20 days of the date of this letter, or within 20 days after the appearance of opposing counsel. lf an Amended Scheduling Order is not so filed, all dates on the enclosed/attached SCHEDULING ORDER shall control. Counsel shall also comply with the enclosed TRIAL PREPARATION ORDER. This case has been set for TRIAL on OCTOBER 28, 2019 at 9:00 a.m. All counsel and/or parties shall be prepared to discuss all issues relating to this case (including settlement) at the DOCKET CALL-PRETRIAL CONFERENCE on Friday, OCTOBER 18, 2019 at 9:00 a.m. Counsel shall contact the Court Coordinator at (936) 539-7860, and advise him/her of the amount of time this trial will require. THE PARTY CAUSING THE JOINDER OF ANY NEW PARTY(IES) FOLLOWING THE ISSUANCE OF THE ENCLOSED/ATTACHED SCHEDULING ORDER AND TRIAL PREPARTION ORDER SHALL PROVIDE A COPY OF THIS LETTER, THE SCHEDULING ORDER, THE TRIAL PREPARATION ORDER AND ANY APPLICABLE STANDING ORDER(S) TO THE NEW PARTY(IES) AT THE TIME OF APPEARANCE. Sincerely, /s/ Jennifer Robin Jennifer Robin, Judge Presiding 4107 Judicial District Court CAUSE NO. 18-12-16954 WALNUT COVE PROPERTY § IN THE DISTRICT COURT OF OWNERS ASSOCIATION, INC. vs. § MONTGOMERY COUNTY, TEXAS DAVID L HARPER; THELMA J 410T4 JUDICIAL DISTRICT HARPER AKA THELMA J ROGERS SCHEDULING ORDER AND NOTICE OF INTENT TO DISMISS CIVIL, NON-JURY IT IS ORDERED that the following Scheduling Order and Notice of Intent to Dismiss shall control the disposition of this matter. THE TRIAL DATE AND THE DOCKET CALL/PRE-TRIAL CONFERENCE DATE ARE FIRM AND ARE NOT SUBJECT TO CHANGE WITHOUT WRITTEN ORDER OF THE COURT. All other dates may be modified by filing an agreed Amended Discovery Control Plan and pursuant to Rule 11 of the Texas Rules of Civil Procedure. The Texas Rules of Civil Procedure shall control in computing any period of time prescribed or allowed by this Order. IT IS ORDERED that the following Trial Preparation Order shall further control the disposition of this matter. All parties and counsel shall comply with these orders. This case has been set for TRIAL on OCTOBER 28, 2019, at 9:00 a.m. A party who timely pays a jury fee after the date of this scheduling order shall contact the court coordinator to be placed on the jury trial calendar. All parties, or their counsel with authority to make binding decisions, shall be present, and be prepared to discuss all issues relating to this case (including settlement) at the DOCKET CALL/PRE-TRIAL CONFERENCE on Friday, OCTOBER 18, 2019, at 9:00 a.m. All motions for continuance must be filed prior to the Docket Call/Pre-Trial Conference, except in exigent circumstances. THE PARTY CAUSING THE JOINDER OF ANY NEW PARTY(IES) FOLLOWING THE ISSUANCE OF THESE ORDERS SHALL PROVIDE A COPY OF THIS SCHEDULING ORDER AND NOTICE OF INTENT TO DISMISS AND THE TRIAL PREPARATION ORDER AND ANY APPLICABLE STANDING ORDER(S) TO THE NEW PARTY(IES) AT THE EARLIEST OCCURRENCE OF EITHER THE TIME OF SERVICE OR APPEARANCE IN THE CASE. ALL PARTIES SHALL COMPLY WITH THE COURT’S STANDING ORDERS WHICH CAN BE FOUND ON THE COURT’S WEBSITE (http://www.mctx.org). Any date that falls on a weekend or legal holiday (as determined by the Montgomery County Commissioners Court) shall be moved to the next business day that does not fall on a weekend or legal holiday. 1. 180 DAYS BEFORE TRIAL JOINDER. All parties must be added and served, whether by amendment or third-party practice, by this date. THE PARTY CAUSING THE JOINDER OF ANY NEW = PARTY(IES) FOLLOWING THE ISSUANCE OF THIS SCHEDULING ORDER SHALL PROVIDE A COPY OF THIS SCHEDULING ORDER AND NOTICE OF INTENT TO DISMISS, AS WELL AS THE TRIAL PREPARATION ORDER AND ANY APPLICABLE STANDING ORDER(S), TO THE NEW PARTY(IES) AT THE EARLIEST OCCURRENCE OF EITHER THE TIME OF SERVICE OR APPEARANCE IN THE CASE. 2. 90 DAYS BEFORE TRIAL PLEADINGS. All amendments and supplements must be filed by this date. This order does not preclude prompt filing of pleadings directly responsive to any timely filed pleadings. EXPERT WITNESS DESIGNATION. A list shall be filed that includes each expert's name, address, telephone number(s), and the subject of the testimony and opinions that will be proffered by each expert. (a) 75 DAYS BEFORE TRIAL Plaintiff(s); and (b) 60 DAYS BEFORE TRIAL All other parties. Experts not listed in compliance with this paragraph will not be permitted to testify absent a showing of good cause. This designation is not a substitute for any required discovery supplementation. 4. 45 DAYS BEFORE TRIAL DEPOSITIONS DEADLINE. All deposition notices must be served by this date. 5.45 DAYS BEFORE TRIAL SUMMARY JUDGMENTS. All Motions for Summary Judgment shall be filed by this date. 6. 30 DAYS BEFORE DOCKET CALL/PRE-TRIAL CONFERENCE MEDIATION/ ALTERNATIVE DISPUTE RESOLUTION. By this date, mediation must be completed. The named parties and their respective attorneys shall be present during the entire mediation process, and each corporate party must be represented by an executive with full authority to negotiate a settlement. 7. {een OCTOBER 18, ey 2019 DOCKET CALL/PRETRIAL CONFERENCE. ( 9:00 a.m.). Attorney's or parties shall be prepared to discuss all aspects of trial with the court on this date. Parties shall comply with the Trial Preparation Order. NOTICE OF INTENT TO DISMISS ON DOCKET CALL/PRE-TRIAL_ CONFERENCE DATE: THIS CASE MAY BE DISMISSED FOR WANT OFPROSECUTION ON OR AFTER THE DATE OF THE DOCKET CALL/PRE-TRIAL CONFERENCE if by said date there is no: a. Service with citation; b. Answer or properly executed Waiver on file; or c. Mediation. 8. OCTOBER 28, 2019 TRIAL — 9:00 a.m. TRIAL PREPARATION ORDER CIVIL, NON-JURY Pursuant to Rule 166 of the Texas Rules of Civil Procedure, it is hereby ORDEDED that a DOCKET CALL/PRE-TRIAL CONFERENCE is set in this matter for 9:00 a.m. on Friday, OCTOBER 18, 2019. Counsel shall be prepared to discuss all matters as may aid in the disposition of this action, including those items outlined in Rule 166 (a) — (p). Pursuant to Rule 166, the following shall apply: 1) DOCKET CALL/PRE-TRIAL CONFERENCE shall be at 9:00 a.m. on Friday OCTOBER 18, 2019. 2) All parties, or their counsel with authority to make binding decisions, shall be present, and ready to discuss all issues relating to this case (including settlement) at the DOCKET CALL/PRE-TRIAL CONFERENCE. 3) At the DOCKET CALL/PRE-TRIAL CONFERENCE, all parties must file with the Court and serve on opposing counsel the following: a An exhibit list. All exhibits that will be offered at trial shall be pre-marked and identified by exhibit number on the exhibit list. Prior to the commencement of trial on the morning of the trial date, the attorneys shall confer to identify those exhibits to which admissibility may be stipulated. All exhibits not objected to by opposing counsel shall be admitted into evidence as a first order of business at trial; A witness list. All witnesses that are anticipated to be called to testify at trial, including all experts and all attorneys testifying as to attorney fees, shall be identified in this list; All deposition excerpts that may be offered at trial in lieu of live testimony, with specific designated pages and line numbers; Any briefs or authorities on issues that may come before the Court during trial; and In jury trials: I Motions in limine; and " A proposed jury charge with definitions, instructions, and questions. A copy shall also be provided via email to the court coordinator (not flash drive or CD) in MS Word Format. 4) All other pre-trial discovery, deadlines, and other matters shall be governed by the SCHEDULING ORDER AND NOTICE OF INTENT TO DISMISS entered in this case and by the Texas Rules of Civil Procedure. 5) All counsel shall advise the Court Coordinator of any audio/visual or special needs for the presentation of their cases. 6) All Counsel shall be familiar with, and shall comply with THE TEXAS LAWYER’S CREED. Any party that fails to comply with the above will be subject to appropriate sanctions and/or the exclusion of some or all of that party’s evidence. Signed: March 02, 2019 /s/ Jennifer Robin JENNIFER ROBIN, JUDGE PRESIDING 410TH JUDICIAL DISTRICT COURT