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CAUSE NO. DC-20-1 1175
MICHAEL WILLIAMS IN THE DISTRICTCOURT
§§§§§§§§§§§§§
Plaintiff,
V.
TXI OPERATIONS, L.P.,
TEXAS INDUSTRIES, INC., OF DALLAS COUNTY, TEXAS
MARTIN MARIETTA,
MARTIN MARIETTA
MATERIALS, INC., AND
MARTIN MARIETTA MATERIALS
SOUTHWEST, L.L.C.,
Defendant. 134TH JUDICIAL DISTRICT
SECOND AMENDED UNIFORM SCHEDULING ORDER (LEVEL 3)
In accordance with Rules 166, 190 and 192 of the Texas Rules of Civil Procedure, the
Court makes the following order to control discovery and the schedule of this cause:
l. This case will be ready and is set for JURY TRIAL - CIVIL on DECEMBER 12, 2022
at 9:00 AM (“this Trial Setting”). Reset or continuance of this Trial Setting will not alter any
deadlines 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 will be carried to the next week
2. Pretrial matters will be completed by the following dates:
a) 10/13/2022 fact discovery closes.
b) 10/28/2022 all expert discovery closes
c) 10/28/2022 other amended pleadings
The parties may by written agreement alter these deadlines. Amended pleadings responsive to
timely filed pleadings under this schedule may be filed after 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 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. Except with leave of court, TRCP 166a(c) motions must be heard no later
than thirty (30) days before trial.
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 seven (7) days after the close of
expert discovery, 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
Williamx v TXI Operatiom, LP. , at all
Second Amended Scheduling Order Page l of 3
later than seven (7) days after the close of fact discovery or such complaint is waived, except for
the sanction of exclusion under Rule 193.6
4. 4. Each side may have 75 hours of depositions, and each party may have 50
interrogatories, subject to the conditions of Rule l90.3(b)(2) and (3).
5. No additional parties may be joined more than eight (8) months after the commencement
of this case 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.
6. The parties shall mediate this case no later than thirty (30) days before the Initial 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 from the Dallas County ADR Coordinator. All parties shall contact the mediator to
arrange the mediation. Motions for continuance of trial will not be granted due to failure to
mediate.
D The mediator has been selected by agreement of the parties: Accordingly,
RUBENSTEIN is hereby appointed mediator. Any mediator substitution requested
more than ninety (90) days afier the date of this order may only be made by motion for
submission to the Court for good cause and under extraordinary circumstances.
D The parties have conferred and are unable to agree on a mediator. Accordingly,
is hereby appointed mediator. Any mediator substitution requested more
than ninety (90) days after the date of this order may only be made by motion for submission
to the Court for good cause and under extraordinary circumstances.
7. Fourteen (NOVEMBER 28, 2022) before this Trial Setting, the parties shall
(14) days
exchange designations of deposition testimony to be offered 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. Ten (10) days
(DECEMBER 2, 2022) before this 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 ten (10) days before this 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 this 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. The duty to file the
materials stated in Rule l66(e)-(l) exists even in the absence of the parties’ ability to meet in
person in order to confer on stipulations regarding the materials to be submitted to the Court. The
failure to file the materials stated in Rule l66(e)-(l), an estimate of the length of trial, designation
of deposition testimony to be offered in direct examination, and any motions in limine may result
Williamx v TXI Operatiom, LP. , at all
Second Amended Scheduling Order Page 2 of 3
in dismissal for want of prosecution or other appropriate sanction.
PlaintifflPlaintiff’s counsel shall serve a copy of this order on any currently named
defendants answering afier the date of this order.
SIGNED this day of , 2022.
JUDGE PRESIDING
AGREED AS TO FORM AND SUBSTANCE:
Mag-Aw
William G. Rossick
THE CARLSON LAW FIRM, P.C.
11606 N. lH-35
Austin, Texas 78753
Attorney for Plaintiff
/s/ Mark E. Stradlev (Signed With Permission)
Mark E. Stradley
THE STMDLEY LAW FIRM
9330 LBJ Freeway,Suite 1185
Dallas, Texas 75243
Attorney for Defendants
Wil/imx v TXI Operatiom, LR, e! al
Second Amended Scheduling Order Page 3 of 3
Preview
CAUSE NO. DC-20-1 1175 MICHAEL WILLIAMS IN THE DISTRICTCOURT §§§§§§§§§§§§§ Plaintiff, V. TXI OPERATIONS, L.P., TEXAS INDUSTRIES, INC., OF DALLAS COUNTY, TEXAS MARTIN MARIETTA, MARTIN MARIETTA MATERIALS, INC., AND MARTIN MARIETTA MATERIALS SOUTHWEST, L.L.C., Defendant. 134TH JUDICIAL DISTRICT SECOND AMENDED UNIFORM SCHEDULING ORDER (LEVEL 3) In accordance with Rules 166, 190 and 192 of the Texas Rules of Civil Procedure, the Court makes the following order to control discovery and the schedule of this cause: l. This case will be ready and is set for JURY TRIAL - CIVIL on DECEMBER 12, 2022 at 9:00 AM (“this Trial Setting”). Reset or continuance of this Trial Setting will not alter any deadlines 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 will be carried to the next week 2. Pretrial matters will be completed by the following dates: a) 10/13/2022 fact discovery closes. b) 10/28/2022 all expert discovery closes c) 10/28/2022 other amended pleadings The parties may by written agreement alter these deadlines. Amended pleadings responsive to timely filed pleadings under this schedule may be filed after 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 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. Except with leave of court, TRCP 166a(c) motions must be heard no later than thirty (30) days before trial. 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 seven (7) days after the close of expert discovery, 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 Williamx v TXI Operatiom, LP. , at all Second Amended Scheduling Order Page l of 3 later than seven (7) days after the close of fact discovery or such complaint is waived, except for the sanction of exclusion under Rule 193.6 4. 4. Each side may have 75 hours of depositions, and each party may have 50 interrogatories, subject to the conditions of Rule l90.3(b)(2) and (3). 5. No additional parties may be joined more than eight (8) months after the commencement of this case 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. 6. The parties shall mediate this case no later than thirty (30) days before the Initial 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 from the Dallas County ADR Coordinator. All parties shall contact the mediator to arrange the mediation. Motions for continuance of trial will not be granted due to failure to mediate. D The mediator has been selected by agreement of the parties: Accordingly, RUBENSTEIN is hereby appointed mediator. Any mediator substitution requested more than ninety (90) days afier the date of this order may only be made by motion for submission to the Court for good cause and under extraordinary circumstances. D The parties have conferred and are unable to agree on a mediator. Accordingly, is hereby appointed mediator. Any mediator substitution requested more than ninety (90) days after the date of this order may only be made by motion for submission to the Court for good cause and under extraordinary circumstances. 7. Fourteen (NOVEMBER 28, 2022) before this Trial Setting, the parties shall (14) days exchange designations of deposition testimony to be offered 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. Ten (10) days (DECEMBER 2, 2022) before this 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 ten (10) days before this 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 this 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. The duty to file the materials stated in Rule l66(e)-(l) exists even in the absence of the parties’ ability to meet in person in order to confer on stipulations regarding the materials to be submitted to the Court. The failure to file the materials stated in Rule l66(e)-(l), an estimate of the length of trial, designation of deposition testimony to be offered in direct examination, and any motions in limine may result Williamx v TXI Operatiom, LP. , at all Second Amended Scheduling Order Page 2 of 3 in dismissal for want of prosecution or other appropriate sanction. PlaintifflPlaintiff’s counsel shall serve a copy of this order on any currently named defendants answering afier the date of this order. SIGNED this day of , 2022. JUDGE PRESIDING AGREED AS TO FORM AND SUBSTANCE: Mag-Aw William G. Rossick THE CARLSON LAW FIRM, P.C. 11606 N. lH-35 Austin, Texas 78753 Attorney for Plaintiff /s/ Mark E. Stradlev (Signed With Permission) Mark E. Stradley THE STMDLEY LAW FIRM 9330 LBJ Freeway,Suite 1185 Dallas, Texas 75243 Attorney for Defendants Wil/imx v TXI Operatiom, LR, e! al Second Amended Scheduling Order Page 3 of 3