On September 08, 2021 a
Motion-Secondary
was filed
involving a dispute between
Lewis, K. Allen,
and
Burkett, Kenneth E.,
Paradigm Assets Services, Llc,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
Preview
CAUSE NO. DC-21-12605
THE DISTRICT COURT
§§§§§§§
K. Allen Lewis, IN
V. DALLAS, COUNTY TEXAS
Kenneth E. Burkett and
Paradigm Assert Services, LLC 68th DISTRICT COURT
AGREED 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 Trial on March 7, 2023 at 9:00 A.M. (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 specifically
provided by order on a motion showing good cause.
2. Pretrial matters will be complete by the following dates:
a. amended pleadings asserting
new causes of action or defenses 120 clays before Initial Trial Setting
November 7, 2022
fact discovery closes 105 days before Initial Trial Setting
November 22, 2022
party seeking affirmative relief shall
designate experts and must provide reports 105 days before Initial Trial Setting
November 22, 2022
party opposing affirmative relief shall
designate experts and must provide reports 90 days before Initial Trial Setting
December 7, 2022
party seeking affirmative relief shall designate
rebuttal experts and must provide reports 75 days before Initial Trial Setting
December 22, 2022
expert discovery closes 45 days before Initial Trial Setting
January 21, 2022
other amended pleadings 45 days before Initial Trial Setting
January 21, 2022
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 194 by any other form of discovery.
3. Any objection or motion to exclude or limit expert testimony due to the 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 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
Each side may have 36 hours of depositions and each party may have 25 interrogatories,
subject to the conditions of rule 190.3 (b) (2) and (3).
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 as additional party shall serve a copy of
this Order on the new party concurrently with the pleading joining that party.
The parties shall mediate this case no later than nine (9) months after the commencement of
this case, unless otherwise provided by court order. Mediation will be conducted in
accordance with Standing Dallas County Civil District Court Order Regarding Mediation, which
is available from the District Clerk.
a. Gary G. Berman, 12770 Coit Rd., #800, Dallas, Texas 75243, is appointed as mediator.
The Court will consider an agreed motion to appoint a substitute mediator.
b. Unless otherwise ordered by the Court, the parties shall select a mediator by
agreement; if the parties are unable to agree on a mediator, they shall advise the
Court, which will then appoint a mediator.
Thirty (30) days before the Initial Trial Setting, the parties shall exchange designations of
deposition testimony to be offered in direct examination and 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. Twenty-one (21) days before
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 fourteen (14) 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.
Seven (7) days before this Initial Trial Setting, the parties shall file with the Court the materials
settled 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
materials may result in dismissal for want of prosecution or other appropriate sanction.
Signed on this day of , 2022.
Honorable Judge Presiding
AGREED AS TO FORM
AND ENTRY REQUESTED:
AGREED: AGREED:
/s/ Euqene A. ”Chip” Brooker, Jr. 03/17/2022 /s/ Tom McElyea (w/ permission) 03/17/2022
Plaintiff (s) Counsel Signature Date Defendant (s) Counsel Signature Date
flgene A. ”Chip” Brooker 03/17/2022 Tom McElvea 03/17/2022
Plaintiff (s) Counsel Printed Name Date Defendant (s) Counsel Printed Name Date
CERTIFICATE 0F SERVICE
The undersigned hereby certifies that all counsel of record were served with the above
and foregoing instrument as required by the Texas Rules of Civil Procedure via the electronic case
filing service on March 17, 2022
/s/ Euqene A. ”Chip” Brooker
Eugene A. ”Chip” Brooker
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.
Chip Brooker on behalf of Chip Brooker
Bar No. 24045558
chip@brookerlaw.com
Envelope ID: 62697881
Status as of 3/17/2022 11:29 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
EUGENE ABROOKER, JR chip@brookerlaw.com 3/17/2022 11:20:11 AM SENT
Jessica Kenah jessica@brookerlaw.com 3/17/2022 11:20:11 AM SENT
Tom McElyea tom@mcelyealaw.com 3/17/2022 11:20:11 AM SENT
Chase Newsom chase@brookerlaw.com 3/17/2022 11:20:11 AM SENT
Document Filed Date
March 17, 2022
Case Filing Date
September 08, 2021
Category
CNTR CNSMR COM DEBT
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Preview
CAUSE NO. DC-21-12605 THE DISTRICT COURT §§§§§§§ K. Allen Lewis, IN V. DALLAS, COUNTY TEXAS Kenneth E. Burkett and Paradigm Assert Services, LLC 68th DISTRICT COURT AGREED 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 Trial on March 7, 2023 at 9:00 A.M. (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 specifically provided by order on a motion showing good cause. 2. Pretrial matters will be complete by the following dates: a. amended pleadings asserting new causes of action or defenses 120 clays before Initial Trial Setting November 7, 2022 fact discovery closes 105 days before Initial Trial Setting November 22, 2022 party seeking affirmative relief shall designate experts and must provide reports 105 days before Initial Trial Setting November 22, 2022 party opposing affirmative relief shall designate experts and must provide reports 90 days before Initial Trial Setting December 7, 2022 party seeking affirmative relief shall designate rebuttal experts and must provide reports 75 days before Initial Trial Setting December 22, 2022 expert discovery closes 45 days before Initial Trial Setting January 21, 2022 other amended pleadings 45 days before Initial Trial Setting January 21, 2022 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 194 by any other form of discovery. 3. Any objection or motion to exclude or limit expert testimony due to the 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 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 Each side may have 36 hours of depositions and each party may have 25 interrogatories, subject to the conditions of rule 190.3 (b) (2) and (3). 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 as additional party shall serve a copy of this Order on the new party concurrently with the pleading joining that party. The parties shall mediate this case no later than nine (9) months after the commencement of this case, unless otherwise provided by court order. Mediation will be conducted in accordance with Standing Dallas County Civil District Court Order Regarding Mediation, which is available from the District Clerk. a. Gary G. Berman, 12770 Coit Rd., #800, Dallas, Texas 75243, is appointed as mediator. The Court will consider an agreed motion to appoint a substitute mediator. b. Unless otherwise ordered by the Court, the parties shall select a mediator by agreement; if the parties are unable to agree on a mediator, they shall advise the Court, which will then appoint a mediator. Thirty (30) days before the Initial Trial Setting, the parties shall exchange designations of deposition testimony to be offered in direct examination and 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. Twenty-one (21) days before 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 fourteen (14) 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. Seven (7) days before this Initial Trial Setting, the parties shall file with the Court the materials settled 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 materials may result in dismissal for want of prosecution or other appropriate sanction. Signed on this day of , 2022. Honorable Judge Presiding AGREED AS TO FORM AND ENTRY REQUESTED: AGREED: AGREED: /s/ Euqene A. ”Chip” Brooker, Jr. 03/17/2022 /s/ Tom McElyea (w/ permission) 03/17/2022 Plaintiff (s) Counsel Signature Date Defendant (s) Counsel Signature Date flgene A. ”Chip” Brooker 03/17/2022 Tom McElvea 03/17/2022 Plaintiff (s) Counsel Printed Name Date Defendant (s) Counsel Printed Name Date CERTIFICATE 0F SERVICE The undersigned hereby certifies that all counsel of record were served with the above and foregoing instrument as required by the Texas Rules of Civil Procedure via the electronic case filing service on March 17, 2022 /s/ Euqene A. ”Chip” Brooker Eugene A. ”Chip” Brooker 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. Chip Brooker on behalf of Chip Brooker Bar No. 24045558 chip@brookerlaw.com Envelope ID: 62697881 Status as of 3/17/2022 11:29 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status EUGENE ABROOKER, JR chip@brookerlaw.com 3/17/2022 11:20:11 AM SENT Jessica Kenah jessica@brookerlaw.com 3/17/2022 11:20:11 AM SENT Tom McElyea tom@mcelyealaw.com 3/17/2022 11:20:11 AM SENT Chase Newsom chase@brookerlaw.com 3/17/2022 11:20:11 AM SENT