On June 21, 2022 a
Motion-Secondary
was filed
involving a dispute between
Discover Bank,
and
Mcguinn, Louis,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
Preview
N0.
§ IN THE DISTRICT COURT 0F
§
§
Plaintiffis), §
§ DALLAS COUNTY, TEXAS
2
LOUIS MCGUINN Ԥ
‘
Defendant(s). § 160TH JUDICIAL DISTRICT
UNIFORM SCHEDULING ORDER (LEVEL l 0R 2)
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 set for trial at 8:30 a.m. on
(the "Initial Trial Setting"). Reset or continuance of the Initial Trial Setting will not alter any
deadlines established in this Order, except those set out in paragraph 7 of this Order, or established
by the Texas Rules of Civil Procedure, unless otherwise provided by order. If not reached as set,
FAILURE T0 COMPLY WITH THE DEADLINES
the case may be carried for that week.
CONTAINED HEREIN SHALL NOT SUPPORT A MOTION TO CONTINUE THIS
MATTER.
2. Unless otherwise ordered, discovery in this case will be controlled by:
szt Rule 190.2 (Level 1)
n RuIe 190.3 (Leve12)
of the Texas Rules of Civil Procedure. 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.
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
the discovery period, or such objection is waived. Any such objection not heard 30 days prior to
the Initial Trial Setting is waived. Any motion to compel responses to discovery (other than relating
to factual matters arising after the end of the discovery period) must be filed no later than seven (7)
days after the close of the discovery period or such complaint is waived, except for the sanction of
V
exclusion under Rule 193.6.
4. Any amended pleadings asserting new causes of action or afflrmativedefenses must
be filed no later than thirty (30) days before the end of the discovery period and
any other amended
pleadings must be filed no later than seven (7) days after the end of the discovery period. 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.
I
Except with leave of court, TRCP 166a motions must be heard on a Thursday or Friday no later
than thirty (30) days‘ before trial.
5. No additional parties may be joined more than five (5) months after the filing 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
I
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,
'
is hereby appointed mediator. Any mediator
substitution requested more than 90 days afier 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 on 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.
-ne more of
or
for mediation shall file
the parties object to mediation of this matter. Any party seeking an order
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 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 offered by way of business record affidavits, each exhibit
must be identified separately and not by category or group designation. Rule 193.7 applies to this
designation. 0n 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 pm on
the Thursday before the Initial Trial Setting, the parties shall file with the Court the materials
stated in Rule 166(e)- (1), an estimate of the length of trial, designation of deposition testimony to
be offered1n direct examination, and any motions in limine. Failure to file such materials may
result1n dismissal for want prosecution or other appropriate sanction.
of
Plaintiff/Plaintiffs counsel shall serve a copy of this Order on any currently named defendant(s)
answering after this date.
SIGNED ON'
JUDGE PRESIDING
cc: Counsel of Record/Pro Se Parties and Mediator
AGREED AND APPROVED:
(mm
Plaintiff Attorney U
Defendant, Pro Se’"
Defendant Attorney Secondary Attorney
Defendant Attorney Secondary Attorney
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.
Envelope ID: 69992655
Status as of 11/9/2022 8:22 AM CST
Associated Case Party: DISCOVER BANK
Name BarNumber Email Timestam pSubmitted Status
CONSTANCE MUTONG zwicker_TX@abclegal.com 11/8/2022 3:32:42 PM SENT
Document Filed Date
November 08, 2022
Case Filing Date
June 21, 2022
Category
CNTR CNSMR COM DEBT
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N0. § IN THE DISTRICT COURT 0F § § Plaintiffis), § § DALLAS COUNTY, TEXAS 2 LOUIS MCGUINN ‘§ ‘ Defendant(s). § 160TH JUDICIAL DISTRICT UNIFORM SCHEDULING ORDER (LEVEL l 0R 2) 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 set for trial at 8:30 a.m. on (the "Initial Trial Setting"). Reset or continuance of the Initial Trial Setting will not alter any deadlines established in this Order, except those set out in paragraph 7 of this Order, or established by the Texas Rules of Civil Procedure, unless otherwise provided by order. If not reached as set, FAILURE T0 COMPLY WITH THE DEADLINES the case may be carried for that week. CONTAINED HEREIN SHALL NOT SUPPORT A MOTION TO CONTINUE THIS MATTER. 2. Unless otherwise ordered, discovery in this case will be controlled by: szt Rule 190.2 (Level 1) n RuIe 190.3 (Leve12) of the Texas Rules of Civil Procedure. 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. 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 the discovery period, or such objection is waived. Any such objection not heard 30 days prior to the Initial Trial Setting is waived. Any motion to compel responses to discovery (other than relating to factual matters arising after the end of the discovery period) must be filed no later than seven (7) days after the close of the discovery period or such complaint is waived, except for the sanction of V exclusion under Rule 193.6. 4. Any amended pleadings asserting new causes of action or afflrmativedefenses must be filed no later than thirty (30) days before the end of the discovery period and any other amended pleadings must be filed no later than seven (7) days after the end of the discovery period. 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. I Except with leave of court, TRCP 166a motions must be heard on a Thursday or Friday no later than thirty (30) days‘ before trial. 5. No additional parties may be joined more than five (5) months after the filing 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 I 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, ' is hereby appointed mediator. Any mediator substitution requested more than 90 days afier 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 on 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. -ne more of or for mediation shall file the parties object to mediation of this matter. Any party seeking an order 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 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 offered by way of business record affidavits, each exhibit must be identified separately and not by category or group designation. Rule 193.7 applies to this designation. 0n 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 pm on the Thursday before the Initial Trial Setting, the parties shall file with the Court the materials stated in Rule 166(e)- (1), an estimate of the length of trial, designation of deposition testimony to be offered1n direct examination, and any motions in limine. Failure to file such materials may result1n dismissal for want prosecution or other appropriate sanction. of Plaintiff/Plaintiffs counsel shall serve a copy of this Order on any currently named defendant(s) answering after this date. SIGNED ON' JUDGE PRESIDING cc: Counsel of Record/Pro Se Parties and Mediator AGREED AND APPROVED: (mm Plaintiff Attorney U Defendant, Pro Se’" Defendant Attorney Secondary Attorney Defendant Attorney Secondary Attorney 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. Envelope ID: 69992655 Status as of 11/9/2022 8:22 AM CST Associated Case Party: DISCOVER BANK Name BarNumber Email Timestam pSubmitted Status CONSTANCE MUTONG zwicker_TX@abclegal.com 11/8/2022 3:32:42 PM SENT