On January 18, 2023 a
Order
was filed
involving a dispute between
Singer, Minerva,
and
Ross Dress For Less,
Ross Dress For Less, Inc,
for PROPERTY
in the District Court of Dallas County.
Preview
9’b
5r
p—
Eur
Fag
‘
CAusfi No. DC-( 23—00826 )
MINERVA SINGER, E
.
Plaim’fl(5)1 In the District Court v
v'
of Dallas County, Texas
ROSS DRESS FO‘R LESS, INC” 44th Judicial District
Defendant(s).
t
J
g
ORDER SETTING SCHEDULING CONFERENCE AND NOTICE OF
POLICIES
'
In accordance with Rule 166, 190 and 192 of the Texas Rules'of Civil Procedure, the parties or
their attorneys are ORDERED to appear for a scheduling conference to address those matters stated in
those Rules on the following date and time: March 10, 2023 @ 8:00 a. m. . or alternatively dismissal for want
of prosecution for failure to comply With the Courts order for the submission and entrance of a Scheduling
order. The Court prefers that counsel imbmit an agreed SchedulingOrder in lieu of attending the
scheduling conference hearing, however, the Order must be RECEIVED by 3:00 the day before the
hearing in order for it to be cancelled. .
THE PARTIES ARE ORDERED TO CONFER BEFORE THE CONFERENCE. T
The conference will not be required if the parties file an agreed scheduling order. One of the two
Modified Uniform Scheduling Orders is attached. The date by which the case will be ready for trial (the
“Initial Trial Setting”) as indicated in the forms must be on a Monday not a holiday, and must be in the
following range: PLEASE USE THE ATTACHED MODIFIED UNIFORM SCHEDULING ORDER,
i
LEVELS 1—2 or 3.
i
Level 1 6-12. months from the date of initial filing of the case
Level 2 12-18 months from the date of initial filing of the case
Level 3 18—24 months from the date of initial filing of the case .
Requests for variations fi'om the attached forms. even ifagreed, must be made at the scheduling conference.‘
Failure to attend the scheduling conference may result in the entrv of an order of dismissal for want of
prosecution or other sanctions:
The parties are directed to take notice of the following court policies/2
‘
‘IService of Papers Filed with the Court. ——
Other than original petitions and any accompanying
applications for temporary restraining order, any documents filed with the Court‘that relate to requests for
expedited relief or to matters set for hearing within seven days of filing must be served upon all opposing
parties in a manner that will ensure receipt of the papers by them on the same day the papers are filed with
the Court or District Clerk.
Uncontested or Agfeed Matters. — The Court does not require a separate motion or hearing on
agreed matters, except for continuances in cases over one year old or as otherwise provided. All uncontested
or agreed matters should be presented with a proposed form of order and should reflect the agreement of all
parties either (a) by personal or authorized signature 0n the form of order, or (b) in the certificate Of
conference on the motion.
Submission of Orders. — Except for proposed Orders tendered at a hearing, proposed orders on
contested matters should be submitted by the prevailing party after notification of the Court’s ruling.
Proposed orders should be tendered to the opposing party a‘t least two working days before they are submitted
to the Court. The opposing party must either approve the p1oposed order as to form or file objections1n
writing with the Court within one Week of the submission of the proposed order. If an order1s not approved
as to form and no objections are filed within seven days of the submission ofthe proposed order, the Court
will deem the proposed order to be approved as to form. Pa1ties are encouraged, however, to bring a
proposed
order to the hearing.‘ v
Briefs. ——
The Court will use its best efforts to review all'motions and briefs before any hearing.
Except in case of emergency, any briefs relating to a motion (othe1 than for summary judgment) that is set
for hearing must be filed with the clerk of the Court no later than two working days before the scheduled
hearing, or with the District Clerk no later than three working days before the scheduled hearing. Briefs1n
support of a motion for summary judgment must be filed with that motion, briefs1n opposition to a motion
for summary judgment must be filed at or before the time the response is due. Briefs not filed1n accordance
‘
with this paragraph likely will not be considered.
‘
I
COURT SPECIFIC POLICIES
Telephone Hearings. —Participation1n hearings by telephoneis encouraged. Arrangements should
be made with the Court Administrator. (For parties out of town)
Default and Minor Prove-Ups. —Unless instructed otherwise by the Court, default judgments should
be ma‘de through affidavits; minor prove—ups' shall be set for a hearing throughrthe District Clerk.
Continuances. In cases on file for m01e than one year, any motion requesting a continuance of
———
, t1ial must be signed by all parties requesting such a continuance, as well as by counsel. A single agreed
continuance of 60- 90 days, including extension of pretrial deadlines, will typically be granted; subsequent
requests are rarely granted. Reset or continuance will not otherwise affect any of the pretrial deadlines unless
specifically 1n the Order. j
1
r
j
provided
i
Alterations or Additional Deadlines Permitted. Thelforms attached must be used, but,i‘other than.
--
paragraphs l or 5 and except as limited by the Rules of Civil Procedure, different or additional deadlines l
do not require an appearance at the scheduling conference and should be made through Rule 1 1 Agreements.
SIGNED Februag 20, 2023.
4
D1str\‘ic't Judge
-
Document Filed Date
February 20, 2023
Case Filing Date
January 18, 2023
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
9’b 5r p— Eur Fag ‘ CAusfi No. DC-( 23—00826 ) MINERVA SINGER, E . Plaim’fl(5)1 In the District Court v v' of Dallas County, Texas ROSS DRESS FO‘R LESS, INC” 44th Judicial District Defendant(s). t J g ORDER SETTING SCHEDULING CONFERENCE AND NOTICE OF POLICIES ' In accordance with Rule 166, 190 and 192 of the Texas Rules'of Civil Procedure, the parties or their attorneys are ORDERED to appear for a scheduling conference to address those matters stated in those Rules on the following date and time: March 10, 2023 @ 8:00 a. m. . or alternatively dismissal for want of prosecution for failure to comply With the Courts order for the submission and entrance of a Scheduling order. The Court prefers that counsel imbmit an agreed SchedulingOrder in lieu of attending the scheduling conference hearing, however, the Order must be RECEIVED by 3:00 the day before the hearing in order for it to be cancelled. . THE PARTIES ARE ORDERED TO CONFER BEFORE THE CONFERENCE. T The conference will not be required if the parties file an agreed scheduling order. One of the two Modified Uniform Scheduling Orders is attached. The date by which the case will be ready for trial (the “Initial Trial Setting”) as indicated in the forms must be on a Monday not a holiday, and must be in the following range: PLEASE USE THE ATTACHED MODIFIED UNIFORM SCHEDULING ORDER, i LEVELS 1—2 or 3. i Level 1 6-12. months from the date of initial filing of the case Level 2 12-18 months from the date of initial filing of the case Level 3 18—24 months from the date of initial filing of the case . Requests for variations fi'om the attached forms. even ifagreed, must be made at the scheduling conference.‘ Failure to attend the scheduling conference may result in the entrv of an order of dismissal for want of prosecution or other sanctions: The parties are directed to take notice of the following court policies/2 ‘ ‘IService of Papers Filed with the Court. —— Other than original petitions and any accompanying applications for temporary restraining order, any documents filed with the Court‘that relate to requests for expedited relief or to matters set for hearing within seven days of filing must be served upon all opposing parties in a manner that will ensure receipt of the papers by them on the same day the papers are filed with the Court or District Clerk. Uncontested or Agfeed Matters. — The Court does not require a separate motion or hearing on agreed matters, except for continuances in cases over one year old or as otherwise provided. All uncontested or agreed matters should be presented with a proposed form of order and should reflect the agreement of all parties either (a) by personal or authorized signature 0n the form of order, or (b) in the certificate Of conference on the motion. Submission of Orders. — Except for proposed Orders tendered at a hearing, proposed orders on contested matters should be submitted by the prevailing party after notification of the Court’s ruling. Proposed orders should be tendered to the opposing party a‘t least two working days before they are submitted to the Court. The opposing party must either approve the p1oposed order as to form or file objections1n writing with the Court within one Week of the submission of the proposed order. If an order1s not approved as to form and no objections are filed within seven days of the submission ofthe proposed order, the Court will deem the proposed order to be approved as to form. Pa1ties are encouraged, however, to bring a proposed order to the hearing.‘ v Briefs. —— The Court will use its best efforts to review all'motions and briefs before any hearing. Except in case of emergency, any briefs relating to a motion (othe1 than for summary judgment) that is set for hearing must be filed with the clerk of the Court no later than two working days before the scheduled hearing, or with the District Clerk no later than three working days before the scheduled hearing. Briefs1n support of a motion for summary judgment must be filed with that motion, briefs1n opposition to a motion for summary judgment must be filed at or before the time the response is due. Briefs not filed1n accordance ‘ with this paragraph likely will not be considered. ‘ I COURT SPECIFIC POLICIES Telephone Hearings. —Participation1n hearings by telephoneis encouraged. Arrangements should be made with the Court Administrator. (For parties out of town) Default and Minor Prove-Ups. —Unless instructed otherwise by the Court, default judgments should be ma‘de through affidavits; minor prove—ups' shall be set for a hearing throughrthe District Clerk. Continuances. In cases on file for m01e than one year, any motion requesting a continuance of ——— , t1ial must be signed by all parties requesting such a continuance, as well as by counsel. A single agreed continuance of 60- 90 days, including extension of pretrial deadlines, will typically be granted; subsequent requests are rarely granted. Reset or continuance will not otherwise affect any of the pretrial deadlines unless specifically 1n the Order. j 1 r j provided i Alterations or Additional Deadlines Permitted. Thelforms attached must be used, but,i‘other than. -- paragraphs l or 5 and except as limited by the Rules of Civil Procedure, different or additional deadlines l do not require an appearance at the scheduling conference and should be made through Rule 1 1 Agreements. SIGNED Februag 20, 2023. 4 D1str\‘ic't Judge -