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CAUSE NO. DC-22-15312
KEITH WILKINS, § H\I THE DISTRICT COURT OF
Plaintiff, g
v. g DALLAS COUNTY, TEXAS
LA FRONTERA HOLDINGS, LLC, g
Defendant. g 68TH JUDICIAL DISTRICT
JOINT AGREED
DISCOVERY AND DOCKET CONTROL PLAN
This Joint Agreed Discovery and Docket Control Plan has been agreed to and is
submitted to the Court jointly by Plaintiff Keith Wilkins (“Wilkins” or “Plaintiff”); and
Defendant La Frontera Holdings, LLC (“La Frontera” or “Defendant”). Plaintiff and Defendant
are sometimes collectively referred to herein as the “Parties.”
In accordance with the agreement of the Parties and Rules 166, 190, and 191 of the Texas
Rules of Civil Procedure, the Court makes the following order and sets the following deadlines:
TRIAL SETTING
May 28, 2024
(Tuesday) 1. TRIAL SETTING. The trial of this cause is set for this date at
9:00 A.M.
Reset or continuance of the Trial Setting will not alter any
deadline established in this Order or established by the Texas
Rules of Civil Procedure, unless specifically provided by Rule
11 Agreement of the parties or Court order after motion
showing good cause.
PRETRIAL MATTERS
May 21, 2024 2. PRETRIAL HEARING. A pretrial hearing shall be held on this date at
which time any pending motions including motions in limine, special exceptions, videotaped
deposition objections, or other pretrial matters must be presented to the Court in advance of trial
JOINT AGREED DISCOVERY AND
DOCKET CONTROL PLAN FOR LEVEL 3 CASE Page 1
for consideration. At this time, each party must designate videotaped deposition testimony that
each party intends to use at trial and provide each party with specific deposition excerpts. (See
#20 below) Prior to this hearing, all attorneys must confer on all pending motions.
December 29 2023 3. JOINDER OF PARTIES / DESIGNATION OF
RESPONSIBLE THIRD PARTIES. No additional parties may
be joined after this date except on motion for leave showing good
cause. This paragraph does not alter the requirements of Texas
Rules of Civil Procedure 38. NOTE: The party joining an
additional party must serve a copy of this Plan on the new party
concurrently with the pleading joining the new party.
Additionally, the designation of any Responsible Third Party
provided in CPRC § 33.004 must be made by this date.
January, 12,2024 4. PLAINTIFF’S EXPERT DESIGNATIONS. Plaintiff shall file
with the Court and serve all attorneys of record with their written
designation of expert witnesses in the form of supplemental
answers to Request for Disclosure. Plaintiff shall
contemporaneously furnish all attorneys of record with written
reports of such experts. Reports shall not be required of any
Plaintiff or of any non-retained expert unless the non-retained
expert has opinions, which have not been reasonably disclosed in
his/her business records, in response to Request for Disclosure or
in deposition testimony.
March 1 2024 S. DEFENDANT’S EXPERT DESIGNATIONS. Defendants
shall file with the Court and serve all attorneys of record with
their written designation of expert witnesses in the form of
supplemental answers to Requests for Disclosure. Defendant shall
contemporaneously fumish all attorneys of record with written
reports of such experts. Reports shall not be required of any
Defendant or of any non-retained expert unless the non-retained
expert has opinions, which have not been reasonably disclosed in
his/her business records, in response to Request for Disclosure or
in deposition testimony.
April 5, 2024 6. WRITTEN DISCOVERY COMPLETION DATE. No written
discovery may be propounded which requires an answer after this
date. All supplemental answers to written discovery requests
served on the parties by opposing and other parties, including
requests for disclosure, written interrogatories, requests for
JOINT AGREED DISCOVERY AND
DOCKET CONTROL PLAN FOR LEVEL 3 CASE Page 2
production, and any other written discovery requests and motions
must be completed by this date.
April 26, 2024 7. DEPOSITION COMPLETION DATE. The parties are required
to complete oral depositions, including the depositions of expert
witnesses, by this date. No side may examine or cross examine an
individual witness or expert for more than six (6) hours under
Texas Rules of Civil Procedure 199.5. Additional time may be
obtained only by court order or Rule ll Agreement of the parties.
J anuam 31, 2024 8. AMENDED PLEADINGS ASSERTING AFFIRMATIVE
CLAIMS. Parties asserting affirmative claims shall file with
the Court and serve all other attorneys of record with any amended
pleadings asserting affirmative claims by this date. No additional
theories or allegations asserting affirmative claims shall be pled
after this date without prior leave of court based upon a showing of
good cause or by written agreement of the parties pursuant to Rule
11 of the Texas Rules of Civil Procedure.
March 4 2024 9. AMENDED PLEADINGS ASSERTING DEFENSES.
Parties asserting defenses shall file with the Court
and serve all other attorneys of record with any amended
pleadings asserting defenses (including any and all affirmative
defenses) and/or special exceptions in response to affirmative
claims asserted against them by this date. No additional
affirmative defenses, inferential rebuttal defenses, or any other
defensive theories shall be pled after this date without prior
leave of court based upon a showing of good cause or by
written agreement of the parties pursuant to Rule ll of the
Texas Rules of Civil Procedure.
Ap_ril 26, 2024 10. COURT ORDERED MEDIATION.
January 10, 2024 11. MOTIONS FOR SUMMARY JUDGMENT. Parties may
prepare and file any motions for summary judgment, including
“no evidence” motions, but without leave of Court for good cause
shown, no hearings on any such summary judgment motions will
be scheduled with the Court until after this date.
Wednesday
before trial 12. TRIAL DOCUMENTS. The following must be filed with the
JOINT AGREED DISCOVERY AND
DOCKET CONTROL PLAN FOR LEVEL 3 CASE Page 3
Court by NOON on this date and copies served on all opposing
parties.
Qriginals fgr the Court File (two-hole punched on top):
Exhibit List
A list separately identifying each exhibit the party expects to offer during the
trial.
Numbering of Exhibits
Exhibits are to be numbered as set forth in counsel’s exhibit list.
Use of Exhibits
Exhibits can be displayed on the visual presenter or digitally using a
computer and the supplied HDMI or Super VGA connectors. Exhibits can
be seen on all courtroom monitors and heard on all courtroom speakers. It is
counsel’s responsibility to ensure that documents displayed on monitors have
been first admitted in evidence and redacted, if necessary, to comply with the
Court’s rulings.
Large Exhibits
Exhibits exceeding 8 1/2” x 11” in size will be accompanied by an 8 1/2” x 11”
copy. After completion of trial, the court reporter will retain only the 8 1/2” x
11” copy and the original exhibit will be returned to the offering party.
Demonstrative Exhibits and Trial Aids
Demonstrative exhibits and trial aids may be used by all counsel and counsel’s
members. Counsel shall not mark on or attach any item to an opposing counsel’s
demonstrative exhibit while using it.
Fact Witness List (separate document from Exhibit List)
A list including the name, address, phone number, and general topic of testimony
of each fact witness who may be called at trial must be exchanged with counsel
by this date.
Videotaped Depositions
All parties shall exchange page/line designations of videotaped depositions to be
offered at trial on or before September 11, 2017. All parties shall exchange
supplemental page/line designations of videotaped depositions to be offered at
trial on or before September 15, 2017. All parties shall consult about the
objections to videotapes for use at trial at least three (3) days prior to the pretrial
hearing.
Motion in Limine and any other pretrial matters not yet filed with the Court
A motion in limine must also have a separate Order for Court’s ruling.
JOINT AGREED DISCOVERY AND
DOCKET CONTROL PLAN FOR LEVEL 3 CASE Page 4
Proposed Jury Questions/Instructions (or Findings of Fact /Conclusi0ns of Law)
The pleading should be named “[Name of Party]’s Proposed Jury Questions and
Instructions” and copied on a Microsoft Word disk. The pleading on this disk
should be in 12 pitch “Courier” or comparable font, free of any typographical
emphasis tie. bolding, all caps, underlining, italics, etc., free of case cites or
footnotes, and labeled on the disk with the case style and submitting party’s
name. This document on disk should be exactly as it would be presented to a jury
without signature blocks for the Judge for granting, denying or modifying any
requests. This disk may be delivered to the Court on the Thursday before trial.)
Courtesy Copies for Court Reporter (To be delivered to Coordinator)
Exhibit List
Witness List
l3. REGARDING EXHIBITS (To be brought to Court on day of
trial):
All exhibits* shall be PRE-MARKED, three-hole punched on the
left side**, and in a three-ring binder notebook with numbered
index tabs with the notebook labeled as to which party’s exhibits. If
you are not able to provide a notebook, please have the exhibits
three- hole punched.
*See Tarrant County Local Rule 3.0.
**If three-hole punching the original exhibit will destroy a part of
the exhibit, such exhibit may be placed in a plastic envelope in the
exhibit notebook.
NOTE: This Discovery and Docket Control Plan (the “Plan”) controls the procedures in this
case, and to the extent that the Plan changes deadlines in the Texas Rules of Civil Procedure
and any Local Rules of the Dallas County District Courts, the Plan shall prevail. All parties
shall comply with the Plan unless it is modified by the trial court by written order or oral
statement on the record in this case before or during the trial of this case to prevent manifest
injustice or as required by Rule 190.4 of the Texas Rules of Civil Procedure. By written
agreement of the parties pursuant to Rule ll of the Texas Rules of Civil Procedure, all deadlines
may be modified except dates set for Trial Setting and Pretrial Hearing.
Any statutory deadlines established by Chapter 74 of the Texas Civil Practice and
Remedies Code are not controlled by this Plan.
Additionally, approval of this Plan by all attorneys and this Court does n_ot represent an
agreement by the parties and approval by this Court of modifying any statutory deadlines
JOINT AGREED DISCOVERY AND
DOCKET CONTROL PLAN FOR LEVEL 3 CASE Page 5
except those deadlines found in the Texas Rules of Civil Procedure and any Local Rules of the
Dallas County District Courts.
The parties are severally responsible for providing a copy of this Scheduling Order to all
parties joined and/or attorneys making an appearance after the date this order is signed.
The parties consent to service by electronic mail of all pleadings in this matter subject
to the deadlines provided in Tex. R. Civ. P. 2la for service by facsimile machine, in addition
to the methods of service authorized by Tex. R. Civ. P. 21a.
Signed this the fl day of &W , 2023.
PRESIDING JUDGE
Respectfully submitted,
Anthony G. Buzbee
Texas Bar No. 24001820
tbuzbee@txattornevs.com
Michael Eddington
Texas Bar No. 24105835
THE BUZBEE LAW FIRM
JPMorgan Chase Tower
600 Travis Street, Suite 7500
Houston, Texas 77002
Telephone: (713) 223-5300
Telecopier: (713) 223-5909
Email: Meddington@txattornevs.com
ATTORNEYS FOR PLAINTIFF
JOINT AGREED DISCOVERY AND
DOCKET CONTROL PLAN FOR LEVEL 3 CASE Page 6
/S/ Walter A. Herring
Walter A. Herring
Texas Bar No. 09535300
BLACKWELL BLACKBURN,
HERRING & SINGER, LLP
7557 Ramble Road, Suite 1450
Dallas, Texas 75251
Telephone: (214) 442-9603
Telecopier: (214) 442-9621
Email: wherring@bbhsllp.com
ATTORNEY FOR DEFENDANTS
JOINT AGREED DISCOVERY AND
DOCKET CONTROL PLAN FOR LEVEL 3 CASE Page 7
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CAUSE NO. DC-22-15312 KEITH WILKINS, § H\I THE DISTRICT COURT OF Plaintiff, g v. g DALLAS COUNTY, TEXAS LA FRONTERA HOLDINGS, LLC, g Defendant. g 68TH JUDICIAL DISTRICT JOINT AGREED DISCOVERY AND DOCKET CONTROL PLAN This Joint Agreed Discovery and Docket Control Plan has been agreed to and is submitted to the Court jointly by Plaintiff Keith Wilkins (“Wilkins” or “Plaintiff”); and Defendant La Frontera Holdings, LLC (“La Frontera” or “Defendant”). Plaintiff and Defendant are sometimes collectively referred to herein as the “Parties.” In accordance with the agreement of the Parties and Rules 166, 190, and 191 of the Texas Rules of Civil Procedure, the Court makes the following order and sets the following deadlines: TRIAL SETTING May 28, 2024 (Tuesday) 1. TRIAL SETTING. The trial of this cause is set for this date at 9:00 A.M. Reset or continuance of the Trial Setting will not alter any deadline established in this Order or established by the Texas Rules of Civil Procedure, unless specifically provided by Rule 11 Agreement of the parties or Court order after motion showing good cause. PRETRIAL MATTERS May 21, 2024 2. PRETRIAL HEARING. A pretrial hearing shall be held on this date at which time any pending motions including motions in limine, special exceptions, videotaped deposition objections, or other pretrial matters must be presented to the Court in advance of trial JOINT AGREED DISCOVERY AND DOCKET CONTROL PLAN FOR LEVEL 3 CASE Page 1 for consideration. At this time, each party must designate videotaped deposition testimony that each party intends to use at trial and provide each party with specific deposition excerpts. (See #20 below) Prior to this hearing, all attorneys must confer on all pending motions. December 29 2023 3. JOINDER OF PARTIES / DESIGNATION OF RESPONSIBLE THIRD PARTIES. No additional parties may be joined after this date except on motion for leave showing good cause. This paragraph does not alter the requirements of Texas Rules of Civil Procedure 38. NOTE: The party joining an additional party must serve a copy of this Plan on the new party concurrently with the pleading joining the new party. Additionally, the designation of any Responsible Third Party provided in CPRC § 33.004 must be made by this date. January, 12,2024 4. PLAINTIFF’S EXPERT DESIGNATIONS. Plaintiff shall file with the Court and serve all attorneys of record with their written designation of expert witnesses in the form of supplemental answers to Request for Disclosure. Plaintiff shall contemporaneously furnish all attorneys of record with written reports of such experts. Reports shall not be required of any Plaintiff or of any non-retained expert unless the non-retained expert has opinions, which have not been reasonably disclosed in his/her business records, in response to Request for Disclosure or in deposition testimony. March 1 2024 S. DEFENDANT’S EXPERT DESIGNATIONS. Defendants shall file with the Court and serve all attorneys of record with their written designation of expert witnesses in the form of supplemental answers to Requests for Disclosure. Defendant shall contemporaneously fumish all attorneys of record with written reports of such experts. Reports shall not be required of any Defendant or of any non-retained expert unless the non-retained expert has opinions, which have not been reasonably disclosed in his/her business records, in response to Request for Disclosure or in deposition testimony. April 5, 2024 6. WRITTEN DISCOVERY COMPLETION DATE. No written discovery may be propounded which requires an answer after this date. All supplemental answers to written discovery requests served on the parties by opposing and other parties, including requests for disclosure, written interrogatories, requests for JOINT AGREED DISCOVERY AND DOCKET CONTROL PLAN FOR LEVEL 3 CASE Page 2 production, and any other written discovery requests and motions must be completed by this date. April 26, 2024 7. DEPOSITION COMPLETION DATE. The parties are required to complete oral depositions, including the depositions of expert witnesses, by this date. No side may examine or cross examine an individual witness or expert for more than six (6) hours under Texas Rules of Civil Procedure 199.5. Additional time may be obtained only by court order or Rule ll Agreement of the parties. J anuam 31, 2024 8. AMENDED PLEADINGS ASSERTING AFFIRMATIVE CLAIMS. Parties asserting affirmative claims shall file with the Court and serve all other attorneys of record with any amended pleadings asserting affirmative claims by this date. No additional theories or allegations asserting affirmative claims shall be pled after this date without prior leave of court based upon a showing of good cause or by written agreement of the parties pursuant to Rule 11 of the Texas Rules of Civil Procedure. March 4 2024 9. AMENDED PLEADINGS ASSERTING DEFENSES. Parties asserting defenses shall file with the Court and serve all other attorneys of record with any amended pleadings asserting defenses (including any and all affirmative defenses) and/or special exceptions in response to affirmative claims asserted against them by this date. No additional affirmative defenses, inferential rebuttal defenses, or any other defensive theories shall be pled after this date without prior leave of court based upon a showing of good cause or by written agreement of the parties pursuant to Rule ll of the Texas Rules of Civil Procedure. Ap_ril 26, 2024 10. COURT ORDERED MEDIATION. January 10, 2024 11. MOTIONS FOR SUMMARY JUDGMENT. Parties may prepare and file any motions for summary judgment, including “no evidence” motions, but without leave of Court for good cause shown, no hearings on any such summary judgment motions will be scheduled with the Court until after this date. Wednesday before trial 12. TRIAL DOCUMENTS. The following must be filed with the JOINT AGREED DISCOVERY AND DOCKET CONTROL PLAN FOR LEVEL 3 CASE Page 3 Court by NOON on this date and copies served on all opposing parties. Qriginals fgr the Court File (two-hole punched on top): Exhibit List A list separately identifying each exhibit the party expects to offer during the trial. Numbering of Exhibits Exhibits are to be numbered as set forth in counsel’s exhibit list. Use of Exhibits Exhibits can be displayed on the visual presenter or digitally using a computer and the supplied HDMI or Super VGA connectors. Exhibits can be seen on all courtroom monitors and heard on all courtroom speakers. It is counsel’s responsibility to ensure that documents displayed on monitors have been first admitted in evidence and redacted, if necessary, to comply with the Court’s rulings. Large Exhibits Exhibits exceeding 8 1/2” x 11” in size will be accompanied by an 8 1/2” x 11” copy. After completion of trial, the court reporter will retain only the 8 1/2” x 11” copy and the original exhibit will be returned to the offering party. Demonstrative Exhibits and Trial Aids Demonstrative exhibits and trial aids may be used by all counsel and counsel’s members. Counsel shall not mark on or attach any item to an opposing counsel’s demonstrative exhibit while using it. Fact Witness List (separate document from Exhibit List) A list including the name, address, phone number, and general topic of testimony of each fact witness who may be called at trial must be exchanged with counsel by this date. Videotaped Depositions All parties shall exchange page/line designations of videotaped depositions to be offered at trial on or before September 11, 2017. All parties shall exchange supplemental page/line designations of videotaped depositions to be offered at trial on or before September 15, 2017. All parties shall consult about the objections to videotapes for use at trial at least three (3) days prior to the pretrial hearing. Motion in Limine and any other pretrial matters not yet filed with the Court A motion in limine must also have a separate Order for Court’s ruling. JOINT AGREED DISCOVERY AND DOCKET CONTROL PLAN FOR LEVEL 3 CASE Page 4 Proposed Jury Questions/Instructions (or Findings of Fact /Conclusi0ns of Law) The pleading should be named “[Name of Party]’s Proposed Jury Questions and Instructions” and copied on a Microsoft Word disk. The pleading on this disk should be in 12 pitch “Courier” or comparable font, free of any typographical emphasis tie. bolding, all caps, underlining, italics, etc., free of case cites or footnotes, and labeled on the disk with the case style and submitting party’s name. This document on disk should be exactly as it would be presented to a jury without signature blocks for the Judge for granting, denying or modifying any requests. This disk may be delivered to the Court on the Thursday before trial.) Courtesy Copies for Court Reporter (To be delivered to Coordinator) Exhibit List Witness List l3. REGARDING EXHIBITS (To be brought to Court on day of trial): All exhibits* shall be PRE-MARKED, three-hole punched on the left side**, and in a three-ring binder notebook with numbered index tabs with the notebook labeled as to which party’s exhibits. If you are not able to provide a notebook, please have the exhibits three- hole punched. *See Tarrant County Local Rule 3.0. **If three-hole punching the original exhibit will destroy a part of the exhibit, such exhibit may be placed in a plastic envelope in the exhibit notebook. NOTE: This Discovery and Docket Control Plan (the “Plan”) controls the procedures in this case, and to the extent that the Plan changes deadlines in the Texas Rules of Civil Procedure and any Local Rules of the Dallas County District Courts, the Plan shall prevail. All parties shall comply with the Plan unless it is modified by the trial court by written order or oral statement on the record in this case before or during the trial of this case to prevent manifest injustice or as required by Rule 190.4 of the Texas Rules of Civil Procedure. By written agreement of the parties pursuant to Rule ll of the Texas Rules of Civil Procedure, all deadlines may be modified except dates set for Trial Setting and Pretrial Hearing. Any statutory deadlines established by Chapter 74 of the Texas Civil Practice and Remedies Code are not controlled by this Plan. Additionally, approval of this Plan by all attorneys and this Court does n_ot represent an agreement by the parties and approval by this Court of modifying any statutory deadlines JOINT AGREED DISCOVERY AND DOCKET CONTROL PLAN FOR LEVEL 3 CASE Page 5 except those deadlines found in the Texas Rules of Civil Procedure and any Local Rules of the Dallas County District Courts. The parties are severally responsible for providing a copy of this Scheduling Order to all parties joined and/or attorneys making an appearance after the date this order is signed. The parties consent to service by electronic mail of all pleadings in this matter subject to the deadlines provided in Tex. R. Civ. P. 2la for service by facsimile machine, in addition to the methods of service authorized by Tex. R. Civ. P. 21a. Signed this the fl day of &W , 2023. PRESIDING JUDGE Respectfully submitted, Anthony G. Buzbee Texas Bar No. 24001820 tbuzbee@txattornevs.com Michael Eddington Texas Bar No. 24105835 THE BUZBEE LAW FIRM JPMorgan Chase Tower 600 Travis Street, Suite 7500 Houston, Texas 77002 Telephone: (713) 223-5300 Telecopier: (713) 223-5909 Email: Meddington@txattornevs.com ATTORNEYS FOR PLAINTIFF JOINT AGREED DISCOVERY AND DOCKET CONTROL PLAN FOR LEVEL 3 CASE Page 6 /S/ Walter A. Herring Walter A. Herring Texas Bar No. 09535300 BLACKWELL BLACKBURN, HERRING & SINGER, LLP 7557 Ramble Road, Suite 1450 Dallas, Texas 75251 Telephone: (214) 442-9603 Telecopier: (214) 442-9621 Email: wherring@bbhsllp.com ATTORNEY FOR DEFENDANTS JOINT AGREED DISCOVERY AND DOCKET CONTROL PLAN FOR LEVEL 3 CASE Page 7