Stipulation,Agreement: MICHAEL WILLIAMS vs. TXI OPERATIONS, INC., et al

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                                FILED
                                                                                                               5/31/2023 12:55 PM
                                                                                                                FELICIA PITRE
                                                                                                              DISTRICT CLERK
                                                                                                           DALLAS CO., TEXAS
                                                                                                           Debra Clark DEPUTY




                                    CAUSE N0. DC-20-1 1 175

MICHAEL WILLIAMS                                                              IN THE DISTRICTCOURT




                                                     §§§§§§§§§§§§§
       Plaintiff,

v.                                                                        OF DALLAS COUNTY, TEXAS

TXI OPERATIONS, L.P.,
TEXAS INDUSTRIES, INC.,
MARTIN MARIETTA,
MARTIN MARIETTA
MATERIALS, INC., AND
MARTIN MARIETTA MATERIALS
SOUTHWEST, L.L.C.,
Defendants.                                                                  134TH   JUDICIAL DISTRICT

 AGREED MOTION TO RESET TRIAL SETTING, OBTAIN SPECIAL SETTING AND
     MOTION FOR ENTRY OF AMENDED AGREED SCHEDULING ORDER


TO THE HONORABLE JUDGE OF THIS COURT:
       COMES NOW, Plaintiff Michael Williams                    and Defendants    TXI OPERATIONS, L.P.,

TEXAS INDUSTRIES, INC, MARTIN MARIETTA, MARTIN MARIETTA MATERIALS,

INC, AND MARTIN MARIETTA MATERIALS SOUTHWEST, L.L.C. (hereinafter collectively
referred to as “the parties”) in the above-styled and numbered cause, and make and file this Agreed

Motion to Reset Trial Setting, Obtain Special Setting and Motion for Entry of Agreed Scheduling

Order. In support of these Motions, the parties would respectfully show the Court as follows:

                                                I.

       On December 1, 2022, the parties in this personal injury suit filed an agreed motion for an

amended scheduling order and preferential trial setting.             As   a result, on December 2, 2022, the

Court signed a Third Amended Uniform Scheduling that contained a provision among many others

that this case is specially set for jury trial on June 12, 2023. However, upon receiving a separate




AGREED MOTION FOR SPECIAL TRIAL SETTING                                                             PAGE   1
notice on December 2, 2022 of this trial setting, the parties did not recognize that particular notice

did not include a special setting.

                                                        II.

        Because the parties reasonably, but mistakenly, anticipated that this case was specially set

for jury trial June 12, 2023 docket, counsel for the parties have schedule conflicts for that following

week.

                                                 III.

        Accordingly, the parties respectfully request that the case be specially set for jury trial for

the week   of December 4, 2023. The parties further request that the attached Agreed Level III

Scheduling Order be entered. This resetting is not sought for delay, but so that justice may be

done.


        WHEREFORE, PREMISES CONSIDERED, the parties’                     requests that the Court grant

its Agreed Motion To Reset Trial Setting, Obtain Special Setting And Motion For Entry               Of

Amended Agreed Scheduling Order, enter the attached Agreed Level III Scheduling Order and

grant any further relief, both at law and in equity, to which they may be just entitled.

                                               Respectfully submitted,

                                               THE CARLSON LAW FIRM, P.C.
                                               11606 N. IH-35
                                               Austin, Texas 78753
                                               (512) 346—5688 Telephone
                                               (512) 719-4362 Facsimile

                                       By:     [:1 William G. Rania/é
                                               William G. Rossick
                                               SBN: 00789597
                                               wrossick@carlsonatt0rneys.com

                                               ATTORNEY FOR PLAINTIFF




AGREED MOTION FOR SPECIAL TRIAL SETTING                                                        PAGE 2
                                            THE STRADLEY LAW FIRM


                                            By: /s/Mark E. Stradlev (with permission)
                                            Mark E. Stradley
                                            State Bar Number 19352500
                                            9330 LBJ Freeway, Suite 1185
                                            Dallas, Texas 75243
                                            (972) 231 6001 Telephone
                                            (972) 2317004 Facsimile

                                            ATTORNEY FOR DEFENDANTS

                               CERTIFICATE OF SERVICE
                In conformity with TEXAS RULES 0F CIVIL PROCEDURE 21 AND 21A, I hereby certify
that a true and correct copy of the above and foregoing instrument was served upon the following
on May 31, 2023:

VIA ESER VICE: billrossickefileQDparlsonattorneys.com, mark@stmdlevlawfirm.com,

William G. Rossick
The Carlson Law Firm, P.C.
11606 North Interstate Highway 35
Austin, TX 78753

Mark E. Stradley
The Stradley Law Firm
9330 LBJ Freeway, Suite 1185
Dallas, Texas 75243



                                                   /s/   William G. Rossick
                                                   William G. Rossick




AGREED MOTION FOR SPECIAL TRIAL SETTING                                                 PAGE 3