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CAUSE NO. DC-20-11175
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
THIRD 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:
1. This case will be ready and is specially set for JURY TRIAL - CIVIL on June 12, 2023
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.
2. Pretrial matters will be completed by the following dates:
a) 04/01/2023 fact discovery closes.
b) 04/ 15/2023 deadline for amendments to reports fiom any
retained experts (designations for retained experts has passed for
all parties).
c) 05/12/2023 all expert discovery closes.
d) 05/12/2023 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 afier the deadline for amended pleadings
if filed within two (2) weeks afier 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 l66a(c) motions must be heard no later
than thirty (30) days before trial.
IVi/liamr 1/ TXI Opera/lbw, LP. , at a1. EXHIBIT “A”
Third Amended Scheduling Order Page 1 of 3
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
later than seven (7) days afier the close of fact discovery or such complaint is waived, except for
the sanction of exclusion under Rule 193 .6
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 afier 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. Because mediation has been completed in accordance with the Standing Dallas County
Civil District Court Order Regarding Mediation, no further orders are made regarding ADR.
7. Twenty-One (21) days (May 22, 2023) before this Trial Setting, the parties shall 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 ofi‘ered by way of business record affidavits, each exhibit
must be identified separately and not by category or group designation. Ten (10) days (June 2,
2023) 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 or by Zoom 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
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 in
dismissal for want of prosecution or other appropriate sanction.
PlaintifiWlaintifl‘s counsel shall serve a copy of this order on any currently named
defendants answering after the date of this order.
SIGNED this day of , 2023.
JUDGE PRESIDING
IVi/liamr 1/ TXI Operaliom, LP. , at a]. EXHIBIT “A”
Third Amended Scheduling Order Page 2 of 3
AGREED AS TO FORM AND SUBSTANCE:
Mafia/a9
William G. Rossick
THE CARLSON LAW FIRM, P.C.
11606 N. IH-35
Austin, Texas 78753
Attorney for Plaintifi
/s/ Mark E. Stradley
Mark E. Stradley
THE STRADLEY LAW FIRM
9330 LBJ Freeway, Suite 1185
Dallas, Texas 75243
Attorney for Defendants
IVi/lz'amr 1/ TXI Operaliom, LP. , at a]. EXHIBIT “A”
Third Amended Scheduling Order Page 3 of 3
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Christy Schmitz on behalf of Mark Stradley
Bar No. 19352500
christy@stradleylawfirm.com
Envelope ID: 70593393
Status as of 12/1/2022 11:34 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Carlos Rodriguez crodriguez@carlsonattorneys.com 12/1/2022 8:45:53 AM SENT
Schmitz Christy christy@stradleylawfirm.com 12/1/2022 8:45:53 AM SENT
Mark Stradley Mark@Stradleylawfirm.com 12/1/2022 8:45:53 AM SENT
Francine Ly fly@dallascourts.org 12/1/2022 8:45:53 AM SENT
William Rossick WRossick@carlsonattorneyscom 12/1/2022 8:45:53 AM SENT
Rachael Rubio rrubio@carlsonattorneys.com 12/1/2022 8:45:53 AM SENT
Associated Case Party: MICHAEL WILLIAMS
Name BarNumber Email TimestampSubmitted Status
William Rossick BillRossickEfile@carlsonattorneys.com 12/1/2022 8:45:53 AM SENT
Karla Rodriguez KRodriguez@carlsonattorneys.com 12/1/2022 8:45:53 AM SENT
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CAUSE NO. DC-20-11175 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 THIRD 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: 1. This case will be ready and is specially set for JURY TRIAL - CIVIL on June 12, 2023 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. 2. Pretrial matters will be completed by the following dates: a) 04/01/2023 fact discovery closes. b) 04/ 15/2023 deadline for amendments to reports fiom any retained experts (designations for retained experts has passed for all parties). c) 05/12/2023 all expert discovery closes. d) 05/12/2023 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 afier the deadline for amended pleadings if filed within two (2) weeks afier 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 l66a(c) motions must be heard no later than thirty (30) days before trial. IVi/liamr 1/ TXI Opera/lbw, LP. , at a1. EXHIBIT “A” Third Amended Scheduling Order Page 1 of 3 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 later than seven (7) days afier the close of fact discovery or such complaint is waived, except for the sanction of exclusion under Rule 193 .6 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 afier 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. Because mediation has been completed in accordance with the Standing Dallas County Civil District Court Order Regarding Mediation, no further orders are made regarding ADR. 7. Twenty-One (21) days (May 22, 2023) before this Trial Setting, the parties shall 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 ofi‘ered by way of business record affidavits, each exhibit must be identified separately and not by category or group designation. Ten (10) days (June 2, 2023) 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 or by Zoom 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 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 in dismissal for want of prosecution or other appropriate sanction. PlaintifiWlaintifl‘s counsel shall serve a copy of this order on any currently named defendants answering after the date of this order. SIGNED this day of , 2023. JUDGE PRESIDING IVi/liamr 1/ TXI Operaliom, LP. , at a]. EXHIBIT “A” Third Amended Scheduling Order Page 2 of 3 AGREED AS TO FORM AND SUBSTANCE: Mafia/a9 William G. Rossick THE CARLSON LAW FIRM, P.C. 11606 N. IH-35 Austin, Texas 78753 Attorney for Plaintifi /s/ Mark E. Stradley Mark E. Stradley THE STRADLEY LAW FIRM 9330 LBJ Freeway, Suite 1185 Dallas, Texas 75243 Attorney for Defendants IVi/lz'amr 1/ TXI Operaliom, LP. , at a]. EXHIBIT “A” Third Amended Scheduling Order Page 3 of 3 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Christy Schmitz on behalf of Mark Stradley Bar No. 19352500 christy@stradleylawfirm.com Envelope ID: 70593393 Status as of 12/1/2022 11:34 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Carlos Rodriguez crodriguez@carlsonattorneys.com 12/1/2022 8:45:53 AM SENT Schmitz Christy christy@stradleylawfirm.com 12/1/2022 8:45:53 AM SENT Mark Stradley Mark@Stradleylawfirm.com 12/1/2022 8:45:53 AM SENT Francine Ly fly@dallascourts.org 12/1/2022 8:45:53 AM SENT William Rossick WRossick@carlsonattorneyscom 12/1/2022 8:45:53 AM SENT Rachael Rubio rrubio@carlsonattorneys.com 12/1/2022 8:45:53 AM SENT Associated Case Party: MICHAEL WILLIAMS Name BarNumber Email TimestampSubmitted Status William Rossick BillRossickEfile@carlsonattorneys.com 12/1/2022 8:45:53 AM SENT Karla Rodriguez KRodriguez@carlsonattorneys.com 12/1/2022 8:45:53 AM SENT