On November 22, 2022 a
Order
was filed
involving a dispute between
Duerer, Brenda Mosier,
and
Carter, Marty Lee,
Orbital Power Inc,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
Preview
CAUSE NO. DC- 22-16178 -H
BRENDA MOSIER DUERER § 1N THE DISTRICT COURT OF
§
P1aintiff(s) § ‘
§ DALLAS COUNTY, TEXAS
VS.
MARTY LEE CARTER d g
§ 160T“ JUDICIAL DISTRICT
ORBITAL POWER INCan
.Defendant(s) I
(
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 the schedule of this cause.
1. This‘case' will be ready and is set for jury/nonjury trial on Apri 8, 2024 at
9:00 am. (the “Initial Trial Setting”). Reset or continuance of the Initial 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 may be carried for that week.
FAILURE TO COMPLY WITH THE DEADLINES CONTAINED HEREIN SHALL
NOT SUPPORT A MOTION TO CONTINUE THIS MATTER.
'
2. Pretrial matters will be complete by the following dates:
a. amended pleadings asserting
new claims or defenses 120 days before the Initial Trial Setting
b. fact discovery closes 105 days before the Initial Trial Setting
party seeking affirmative relief to
‘
c.
designate experts & provide reports 105 days before the Initial Trial Setting
d. party opposing affirmative relief to
designate experts & provide reports 90 days before the Initial Trial Setting
e. designation of rebuttal experts _
and provide reports 75 days before the Initial Trial Setting
f. all expert discovery closes 45 days before the Initial Trial Setting
g. other amended pleadings 45 days before the Initial Trial Setting
'
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 after 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 I94 by any other
form of discovery. Except with leave of court, TRCP 166a(c) must be heard on a
motions
Thursday or Friday no later than thirty (3 O) 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
If
filed no 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. Each side may have 75 hours of depositions and each party may have 50
interrogatories, subject to the conditions of Rule 190.3 (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.a. 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 continuances of trial will not be granted due
to failure to mediate.
a. The mediator has been selected by agreement of the parties: Accordingly,
"
Mark Gilbert is hereby appointed mediator. Any mediator
substitution requested more than 90 days out after the date of this order may only be
made by motion for submission to the court for good cause and under extraordinary
circumstances. >
a. The parties have conferred and are unable to agree upon a mediator. Accordingly,
is hereby appointed mediator. Any mediator
substitution requested more than 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.
b. One of more of the parties object to mediation of this matter. Any party seeking an
order for mediation shall file an appropriate motion no later than 90 days before the
_
Initial Trial Setting and set it for hearing no later than 60 days before the Initial Trial
Setting.
7. Fourteen (14) days before the Initial Trial Setting, the parties shall exchange
designations of deposition testimony to be offered in direct examination anda 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 before
the Initial 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 the Initial 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 the Initial Trial Setting, the parties shall file with the Court the materials
stated in Rule 166(d)—(m), an estimate of the length of trial, designation of deposition testimony
\
to be offered in direct examination, and any motions in limine. Failure to file such material may
result in dismissal for want of prosecution or other appropriate sanction.
Plaintiff/Plaintiff’s counsel shall serve a copy of this order on any currently named
defendants answering after the date of this order.
MOM-C0,.
' 34999.13
SIGNED ON: District Judge:
cc: Counsel of Record/Pro Se Parties and Mediator
Christopher T. Carver
Plaintiff Attorney
/s/ Andrew Nelson (with permission)
Defendant Attorney (primary defendant)
Orbital Power, Inc.
/s/ Andrew Nelson (with nermissigmL .
’
Defendant Attorney Secondary Party
l
I
Defendant Attorney Secondary Party
Document Filed Date
March 28, 2023
Case Filing Date
November 22, 2022
Category
MOTOR VEHICLE ACCIDENT
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CAUSE NO. DC- 22-16178 -H BRENDA MOSIER DUERER § 1N THE DISTRICT COURT OF § P1aintiff(s) § ‘ § DALLAS COUNTY, TEXAS VS. MARTY LEE CARTER d g § 160T“ JUDICIAL DISTRICT ORBITAL POWER INCan .Defendant(s) I ( 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 the schedule of this cause. 1. This‘case' will be ready and is set for jury/nonjury trial on Apri 8, 2024 at 9:00 am. (the “Initial Trial Setting”). Reset or continuance of the Initial 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 may be carried for that week. FAILURE TO COMPLY WITH THE DEADLINES CONTAINED HEREIN SHALL NOT SUPPORT A MOTION TO CONTINUE THIS MATTER. ' 2. Pretrial matters will be complete by the following dates: a. amended pleadings asserting new claims or defenses 120 days before the Initial Trial Setting b. fact discovery closes 105 days before the Initial Trial Setting party seeking affirmative relief to ‘ c. designate experts & provide reports 105 days before the Initial Trial Setting d. party opposing affirmative relief to designate experts & provide reports 90 days before the Initial Trial Setting e. designation of rebuttal experts _ and provide reports 75 days before the Initial Trial Setting f. all expert discovery closes 45 days before the Initial Trial Setting g. other amended pleadings 45 days before the Initial Trial Setting ' 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 after 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 I94 by any other form of discovery. Except with leave of court, TRCP 166a(c) must be heard on a motions Thursday or Friday no later than thirty (3 O) 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 If filed no 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. Each side may have 75 hours of depositions and each party may have 50 interrogatories, subject to the conditions of Rule 190.3 (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.a. 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 continuances of trial will not be granted due to failure to mediate. a. The mediator has been selected by agreement of the parties: Accordingly, " Mark Gilbert is hereby appointed mediator. Any mediator substitution requested more than 90 days out after the date of this order may only be made by motion for submission to the court for good cause and under extraordinary circumstances. > a. The parties have conferred and are unable to agree upon a mediator. Accordingly, is hereby appointed mediator. Any mediator substitution requested more than 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. b. One of more of the parties object to mediation of this matter. Any party seeking an order for mediation shall file an appropriate motion no later than 90 days before the _ Initial Trial Setting and set it for hearing no later than 60 days before the Initial Trial Setting. 7. Fourteen (14) days before the Initial Trial Setting, the parties shall exchange designations of deposition testimony to be offered in direct examination anda 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 before the Initial 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 the Initial 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 the Initial Trial Setting, the parties shall file with the Court the materials stated in Rule 166(d)—(m), an estimate of the length of trial, designation of deposition testimony \ to be offered in direct examination, and any motions in limine. Failure to file such material may result in dismissal for want of prosecution or other appropriate sanction. Plaintiff/Plaintiff’s counsel shall serve a copy of this order on any currently named defendants answering after the date of this order. MOM-C0,. ' 34999.13 SIGNED ON: District Judge: cc: Counsel of Record/Pro Se Parties and Mediator Christopher T. Carver Plaintiff Attorney /s/ Andrew Nelson (with permission) Defendant Attorney (primary defendant) Orbital Power, Inc. /s/ Andrew Nelson (with nermissigmL . ’ Defendant Attorney Secondary Party l I Defendant Attorney Secondary Party