On July 16, 2021 a
Stipulation,Agreement
was filed
involving a dispute between
Boehler, Clay,
Boehler, Tammy,
Ellis, Al,
Glover, Michael,
Tarver, B.,
Tarver, Debbie,
Tarver, K.,
Tarver, Melissa,
Tarver, Randy,
and
Atmos Energy Corporation,
Bobcat Contracting, Llc,
Fesco, Ltd.,
for OTHER PERSONAL INJURY
in the District Court of Dallas County.
Preview
CAUSE NO. DC-21-09308
MELISSA TARVER, Individually and as
§§§§§§§§§§§§§§§§§§§§§§§§§§
Representative of the Estate of DERIC
TARVER, and as next friend of B.T. and
K.T., Minors, RANDY TARVER and
DEBBIE TARVER
IN THE DISTRICT COURT OF
V. DALLAS COUNTY, TEXAS
I92ND JUDICIAL DISTRICT
ATMOS ENERGY CORPORATION
and BOBCAT CONTRACTING, LLC
TAMMY BOEHLER, Individually and as
Representative of the Estate of ETHAN
KNIGHT, and CLAY BOEHLER
V.
ATMOS ENERGY CORPORATION and
FESCO, LTD.
MICHAEL GLOVER
v.
ATMOS ENERGY CORPORATION and
BOBCAT CONTRACTING, LLC
|PROPOSED| AGREED LEVEL 3 DOCKET CONTROL ORDER
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 ofthis cause. To the extent
this order conflicts with the Court’s initial August 17, 2021 Uniform Scheduling Order or
subsequent October 20, 202] Scheduling Order, this order controls.
Disc0very in this case will be controlled by Rule 190.4 (Level 3) of the Texas Rules of
Civil Procedure. Except by agreement of the parties, 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.
[Proposed] Agreed Level 3 Docket Control Order Page l of 6
As discussed by the Court and the parties during a status conference on September 8, 2022,
the parties and the Court expect the continued need to be flexible in light of the impact of the
pending National Transportation Safety Board investigation on the timing of and deadlines in this
case, which may require further alterations of the dates set forth below.
SCHEDULE
Date Description
02/28/2023 JOINDER DEADLINE: No additional parties may bejoined after this date, 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.
03/31/2023 MEDIATION: The parties shall mediate the case with Mark Gilbert no later than
this date. Named parties shall be present during the entire mediation process and
each corporate party must be represented" by an executive officer or corporate
representative with authority to negotiate a settlement.
04/07/2023 PLAINTIFFS’ PLEADINGS: Any amended pleadings must be filed no later than
this date.
04/ 14/2023 DEFENDANTS’ PLEADINGS: Any amended pleadings must be filed no later
than this date.
05/23/2023 PLAIN TIFFS’ EXPERT WITNESS DESIGNATION: Experts for all plaintiffs
shall be designated by this date. The designation must include the information listed
in Rule 195 5(a) and written reports of designated retained testifying experts in
accordance with Rule 195 .5(b) shall be produced at the time of designation. Failure
to timely respond will be governed by Rule 193.6.
06/23/2023 DE‘FENDANTS’ EXPERT WITNESS DESIGNATION: Experts for all
defendants and third party defendants shall be designated by this date. The
designation must include the information listed in Rule 195.5(a) and written reports
of designated retained testifying experts in accordance with Rule 195.5(b) shall be
produced at the time of designation. Failure to timely respond will be governed by
Rule 193.6.
06/30/2023 MOTIONS TO COMPEL DISCOVERY: Any motion to compel responses to
discovery (other than relating to factual matters arising after this date) must be filed
no later than this date or such complaint is waived, except for the sanction of
exclusion under Rule 193.6.
[Proposed] Agreed Level 3 Docket Control Order Page 2 of 6
07/07/2023 DISCOVERY: A11 discovery must be conducted by this date. Parties seeking
discovery must serve discovery requests sufficiently far in advance of the end of the
discovery period so that the deadline for responding will be within the discovery
period. Counsel may agree to continue discovery beyond this deadline by agreement
of all parties. No agreement to extend discovery deadlines shall delay the trial date
except for good cause shown.
07/ l 4/2023 RULE l66a(c) MOTIONS: Except with leave of court, TRCP 166a(c) motions
must be filed no later than this date.
07/24/2023 CHALLENGES T0 EXPERT TESTIMONY: All motions to exclude expert
testimony and evidentiary challenges expert testimony must be filed by this date,
to
unless extended by leave of court.
08/07/2023 EXCHANGE DESIGNATIONS AND EXHIBITS: The parties will file and
otherwise exchange witness lists, exhibit lists, deposition excerpts, motions in
limine, and other materials outlined in Rule 166 by this date. This deadline does not
prevent the filing of rebuttal or impeachment exhibits and/or deposition excerpts.
08/14/2023 EXCHANGE OBJECTIONS AND CONFER 0N STIPULATIONS: The
parties shall file responses and objections to all parties' exhibits, witness lists,
motions in limine, deposition excerpts, and other Rule 166 materials by this date.
The attorneys for all parties shall meet to confer on stipulations regarding the
materials t0 be submitted to the Court and attempt to maximize agreement on such
matters.
08/ 17/2023 FINAL PRE—TRIAL CONFERENCE: Parties shall be prepared to discuss all
aspects of trial with court on this date.
08/21/2023 TRIAL: This case is set for a JURY TRIAL on this date at 9:00 a.m.
Signed on Sép' 23 .2022.
JUD. SIDING
19 D J DlClAL DISTRICT COURT
[Proposed] Agreed Level 3 Docket Control Order Page 3 of 6
ABRAHAM, WATRKINS, NICHOLS, THE KARAM LAW OFFICE, I’LL-C
AGOSTO, AZIZ & STOGNER
/S/Ben Agosto 111
BENNY AGOSTO, Jr. JACOB M. KARAM
State Bar No. 00794981 State Bar No. 24105 653
BEN AGOSTO III One Sugar Creek Center Boulevard, Ste. 1010
State Bar No. 24091926 Sugar Land, Texas 77478
LENA LAURENZO Telephone: 281-302-5272
State Bar No. 24097973 Fax: 832-201-0480
EDWARD FESTERYGA jacob@thekaramlawoffice.com
State Bar No. 24105857
800 Commerce Street
Houston Texas 77002
Telephone: 713-222-7211
Fax: 713-225-0827
bagosto@awtxlaw.com
benagosto@awtxlaw.c0m
11aurenzo@awtxlaw.com
efesteryga@awtxlaw.com
COUNSEL FOR TARVER PLAINTIFFS
KHERKHER GARCIA, LLP
/s/ Matt L. Martin
STEVE KHERKHER
State Bar No. 11375950
JESUS GARCIA, JR.
State Bar No. 24027389
KEVIN C. HAYNES
State Bar No. 24055639
RYAN MACLEOD
State Bar No. 24068346
MATT L. MARTIN
State Bar No. 24090246
2925 Richmond Ave, Ste. 1560
Houston, Texas 77098
Telephone: 713-333-1030
Fax: 713-333-1029
Skherkher-Team@kherkherGarcia.com
COUNSELFORBOEHLER PLAINTIFFS
[Proposed] Agreed Level 3 Docket Control Order Page 4 of 6
KLlTSAS & VERCHER, P.C.
/s/ Loren G. Klitsas
LOREN G. KLITSAS
State Bar No. 00786025
550 Westcott, Suite 570
Houston, Texas 77077
Telephone: 713 862-1365
Fax: 713-862-1465
klitsas@kv—law.com
COUNSEL FOR PLAINTIFF MICHAEL GLOVER
BAKER BOTTS I...L.P.
'
PLAUCHE MASELLI PARKERSON LLP
/s/ Jessica B. Pulliam
JESSICA B. PULLIAM G. BRUCE PARKERSON
State Bar No. 24037309 State Bar No. 00793106
SUSAN CANNON KENNEDY 701 Poydras Street, Suite 3800
State Bar No. 24051663 New Orleans, Louisiana 70139
2001 Ross Avenue, Suite 1 100 Telephone: (504) 582-1142
Dallas, Texas 75201 Telefax: (504) 582-1 172
Telephone: 214—953 -6500 bparkerson@pmpllp.com
Fax: 214-953-6503
jessica.pulliam@bakerbotts.com
susan.kennedy@bakerbotts.com
COUNSEL FOR DEFENDANTATMQfllS 173.1391.“ CORPQMIPN.
/s/ Sarah Holley Long
SARAH HOLLEY LONG
State Bar No. 24036798
Meadow Park Tower, Suite 1500
10440 North Central Expressway
Dallas, Texas 75231
Telephone: 214—749—4805
Fax: 214-760-1670
LongEDocsNotifications@wbclawfirm.com
COUNSEL FOR DEFENDANT BOBCAT CONTRACTING, LLC _
[Proposed] Agreed Level 3 Docket Control Order Page 5 of 6
THOMSPON, COE, COUSINS & IRONS, HOBLIT DARLING RALLS HERNANDEZ
L.L.P. & HUDLOW LLP
As/Christopher P. Hansen
JENNIFER D. AUFRIGHT R. CLAY HOBLIT
State Bar No. 01429050 State Bar No. 09743100
jaufricht@thompsoncoe.com choblit@hdr—law.com
CHRISTOPHER P. HANSEN MICHAEL D. HUDLOW, JR.
State Bar N0. 00790818 State Bar No. 24007403
chansen@thompsoncoe.com mhudlow@hdr~law.com
Plaza of the Americas 802 N. Carancahua, Ste. 200
700 N. Pearl St., 25th Floor Corpus Christi, TX 78401-0037
Dallas, Texas 7520.] Telephone: 361-888-9329
Telephone: 214-871-8200 Fax: 361-888-9187
Fax: 214-871-8209
COUNSEL FOR DEFENDANT FESCO, LTD.
CERTIFICATE 0F SERVICE
I hereby certify that on this let day of September, 2022, a true and con'ect copy of the
foregoing document was served on all counsel of record via the Court’s electronic filing system.
/s/Jessica Pulliam
Jessica Pulliam
[Proposed] Agreed Level 3 Docket Control Order Page 6 of 6
Preview
CAUSE NO. DC-21-09308 MELISSA TARVER, Individually and as §§§§§§§§§§§§§§§§§§§§§§§§§§ Representative of the Estate of DERIC TARVER, and as next friend of B.T. and K.T., Minors, RANDY TARVER and DEBBIE TARVER IN THE DISTRICT COURT OF V. DALLAS COUNTY, TEXAS I92ND JUDICIAL DISTRICT ATMOS ENERGY CORPORATION and BOBCAT CONTRACTING, LLC TAMMY BOEHLER, Individually and as Representative of the Estate of ETHAN KNIGHT, and CLAY BOEHLER V. ATMOS ENERGY CORPORATION and FESCO, LTD. MICHAEL GLOVER v. ATMOS ENERGY CORPORATION and BOBCAT CONTRACTING, LLC |PROPOSED| AGREED LEVEL 3 DOCKET CONTROL ORDER 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 ofthis cause. To the extent this order conflicts with the Court’s initial August 17, 2021 Uniform Scheduling Order or subsequent October 20, 202] Scheduling Order, this order controls. Disc0very in this case will be controlled by Rule 190.4 (Level 3) of the Texas Rules of Civil Procedure. Except by agreement of the parties, 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. [Proposed] Agreed Level 3 Docket Control Order Page l of 6 As discussed by the Court and the parties during a status conference on September 8, 2022, the parties and the Court expect the continued need to be flexible in light of the impact of the pending National Transportation Safety Board investigation on the timing of and deadlines in this case, which may require further alterations of the dates set forth below. SCHEDULE Date Description 02/28/2023 JOINDER DEADLINE: No additional parties may bejoined after this date, 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. 03/31/2023 MEDIATION: The parties shall mediate the case with Mark Gilbert no later than this date. Named parties shall be present during the entire mediation process and each corporate party must be represented" by an executive officer or corporate representative with authority to negotiate a settlement. 04/07/2023 PLAINTIFFS’ PLEADINGS: Any amended pleadings must be filed no later than this date. 04/ 14/2023 DEFENDANTS’ PLEADINGS: Any amended pleadings must be filed no later than this date. 05/23/2023 PLAIN TIFFS’ EXPERT WITNESS DESIGNATION: Experts for all plaintiffs shall be designated by this date. The designation must include the information listed in Rule 195 5(a) and written reports of designated retained testifying experts in accordance with Rule 195 .5(b) shall be produced at the time of designation. Failure to timely respond will be governed by Rule 193.6. 06/23/2023 DE‘FENDANTS’ EXPERT WITNESS DESIGNATION: Experts for all defendants and third party defendants shall be designated by this date. The designation must include the information listed in Rule 195.5(a) and written reports of designated retained testifying experts in accordance with Rule 195.5(b) shall be produced at the time of designation. Failure to timely respond will be governed by Rule 193.6. 06/30/2023 MOTIONS TO COMPEL DISCOVERY: Any motion to compel responses to discovery (other than relating to factual matters arising after this date) must be filed no later than this date or such complaint is waived, except for the sanction of exclusion under Rule 193.6. [Proposed] Agreed Level 3 Docket Control Order Page 2 of 6 07/07/2023 DISCOVERY: A11 discovery must be conducted by this date. Parties seeking discovery must serve discovery requests sufficiently far in advance of the end of the discovery period so that the deadline for responding will be within the discovery period. Counsel may agree to continue discovery beyond this deadline by agreement of all parties. No agreement to extend discovery deadlines shall delay the trial date except for good cause shown. 07/ l 4/2023 RULE l66a(c) MOTIONS: Except with leave of court, TRCP 166a(c) motions must be filed no later than this date. 07/24/2023 CHALLENGES T0 EXPERT TESTIMONY: All motions to exclude expert testimony and evidentiary challenges expert testimony must be filed by this date, to unless extended by leave of court. 08/07/2023 EXCHANGE DESIGNATIONS AND EXHIBITS: The parties will file and otherwise exchange witness lists, exhibit lists, deposition excerpts, motions in limine, and other materials outlined in Rule 166 by this date. This deadline does not prevent the filing of rebuttal or impeachment exhibits and/or deposition excerpts. 08/14/2023 EXCHANGE OBJECTIONS AND CONFER 0N STIPULATIONS: The parties shall file responses and objections to all parties' exhibits, witness lists, motions in limine, deposition excerpts, and other Rule 166 materials by this date. The attorneys for all parties shall meet to confer on stipulations regarding the materials t0 be submitted to the Court and attempt to maximize agreement on such matters. 08/ 17/2023 FINAL PRE—TRIAL CONFERENCE: Parties shall be prepared to discuss all aspects of trial with court on this date. 08/21/2023 TRIAL: This case is set for a JURY TRIAL on this date at 9:00 a.m. Signed on Sép' 23 .2022. JUD. SIDING 19 D J DlClAL DISTRICT COURT [Proposed] Agreed Level 3 Docket Control Order Page 3 of 6 ABRAHAM, WATRKINS, NICHOLS, THE KARAM LAW OFFICE, I’LL-C AGOSTO, AZIZ & STOGNER /S/Ben Agosto 111 BENNY AGOSTO, Jr. JACOB M. KARAM State Bar No. 00794981 State Bar No. 24105 653 BEN AGOSTO III One Sugar Creek Center Boulevard, Ste. 1010 State Bar No. 24091926 Sugar Land, Texas 77478 LENA LAURENZO Telephone: 281-302-5272 State Bar No. 24097973 Fax: 832-201-0480 EDWARD FESTERYGA jacob@thekaramlawoffice.com State Bar No. 24105857 800 Commerce Street Houston Texas 77002 Telephone: 713-222-7211 Fax: 713-225-0827 bagosto@awtxlaw.com benagosto@awtxlaw.c0m 11aurenzo@awtxlaw.com efesteryga@awtxlaw.com COUNSEL FOR TARVER PLAINTIFFS KHERKHER GARCIA, LLP /s/ Matt L. Martin STEVE KHERKHER State Bar No. 11375950 JESUS GARCIA, JR. State Bar No. 24027389 KEVIN C. HAYNES State Bar No. 24055639 RYAN MACLEOD State Bar No. 24068346 MATT L. MARTIN State Bar No. 24090246 2925 Richmond Ave, Ste. 1560 Houston, Texas 77098 Telephone: 713-333-1030 Fax: 713-333-1029 Skherkher-Team@kherkherGarcia.com COUNSELFORBOEHLER PLAINTIFFS [Proposed] Agreed Level 3 Docket Control Order Page 4 of 6 KLlTSAS & VERCHER, P.C. /s/ Loren G. Klitsas LOREN G. KLITSAS State Bar No. 00786025 550 Westcott, Suite 570 Houston, Texas 77077 Telephone: 713 862-1365 Fax: 713-862-1465 klitsas@kv—law.com COUNSEL FOR PLAINTIFF MICHAEL GLOVER BAKER BOTTS I...L.P. ' PLAUCHE MASELLI PARKERSON LLP /s/ Jessica B. Pulliam JESSICA B. PULLIAM G. BRUCE PARKERSON State Bar No. 24037309 State Bar No. 00793106 SUSAN CANNON KENNEDY 701 Poydras Street, Suite 3800 State Bar No. 24051663 New Orleans, Louisiana 70139 2001 Ross Avenue, Suite 1 100 Telephone: (504) 582-1142 Dallas, Texas 75201 Telefax: (504) 582-1 172 Telephone: 214—953 -6500 bparkerson@pmpllp.com Fax: 214-953-6503 jessica.pulliam@bakerbotts.com susan.kennedy@bakerbotts.com COUNSEL FOR DEFENDANTATMQfllS 173.1391.“ CORPQMIPN. /s/ Sarah Holley Long SARAH HOLLEY LONG State Bar No. 24036798 Meadow Park Tower, Suite 1500 10440 North Central Expressway Dallas, Texas 75231 Telephone: 214—749—4805 Fax: 214-760-1670 LongEDocsNotifications@wbclawfirm.com COUNSEL FOR DEFENDANT BOBCAT CONTRACTING, LLC _ [Proposed] Agreed Level 3 Docket Control Order Page 5 of 6 THOMSPON, COE, COUSINS & IRONS, HOBLIT DARLING RALLS HERNANDEZ L.L.P. & HUDLOW LLP As/Christopher P. Hansen JENNIFER D. AUFRIGHT R. CLAY HOBLIT State Bar No. 01429050 State Bar No. 09743100 jaufricht@thompsoncoe.com choblit@hdr—law.com CHRISTOPHER P. HANSEN MICHAEL D. HUDLOW, JR. State Bar N0. 00790818 State Bar No. 24007403 chansen@thompsoncoe.com mhudlow@hdr~law.com Plaza of the Americas 802 N. Carancahua, Ste. 200 700 N. Pearl St., 25th Floor Corpus Christi, TX 78401-0037 Dallas, Texas 7520.] Telephone: 361-888-9329 Telephone: 214-871-8200 Fax: 361-888-9187 Fax: 214-871-8209 COUNSEL FOR DEFENDANT FESCO, LTD. CERTIFICATE 0F SERVICE I hereby certify that on this let day of September, 2022, a true and con'ect copy of the foregoing document was served on all counsel of record via the Court’s electronic filing system. /s/Jessica Pulliam Jessica Pulliam [Proposed] Agreed Level 3 Docket Control Order Page 6 of 6