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CAUSE NO. DC-20-1 1175
MICHAEL WILLIAMS IN THE DISTRICTCOURT
§§§§§§§§§§§§§
Plaintiff,
V.
TXI OPERATIONS, L.P.,
TEXAS INDUSTRIES, INC., OF DALLAS COUNTY, TEXAS
MARTIN MARIETTA,
MARTIN MARIETTA
MATERIALS, INC., AND
MARTIN MARIETTA MATERIALS
SOUTHWEST, L.L.C.,
Defendant. 134TH JUDICIAL DISTRICT
FOURTH AMENDED 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 discovery and the schedule of this cause:
l. This case will be ready and is specially set for JURY TRIAL - CIVIL on December 4,
2023 at 9:00 AM (“this Trial Setting”). Reset or continuance of this 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.
2. The parties may by written agreement alter scheduling deadlines in prior scheduling
orders in this cause. 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. Except with leave of court,
TRCP 166a(c) motions must be heard no later than thirty (30) days before trial.
3. Because mediation has been completed in accordance with the Standing Dallas County
Civil District Court Order Regarding Mediation, no further orders are made regarding ADR.
4. Twenty-Eight (28) days (November 6, 2023) before this 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 (20) days
movember 14, 2023) before this Trial Setting, the parties shall exchange designations of
deposition testimony to be offered in cross examination. Thirteen (l3) days (November 21,
2023) before this 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 seven (7) days (November 27, 2023) before this Trial Setting, the
Williamx v TXI Operatiom, LP. , at all
Third Amended Scheduling Order Page 1 of 2
attorneys in charge for all parties shall meet in person or by Zoom to confer on stipulations
regarding the materials to be submitted to the Court under this paragraph and attempt to
maximize agreement on such matters.
5. By 4 p.m. on the Thursday before this 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 and cross examination, and any motions in limine.
The duty to file the materials stated in Rule l66(e)-(l) exists even in the absence of the parties’
ability to meet in order to confer on stipulations regarding the materials to be submitted to the
Court. The failure to file the materials stated in Rule l66(e)-(l), an estimate of the length of trial,
designation of deposition testimony to be offered in direct examination, and any motions in
limine may result in dismissal for want of prosecution or other appropriate sanction.
PlaintiffYPlaintiff’s counsel shall serve a copy of this order on any currently named
defendants answering after the date of this order.
SIGNED this day of , 2023.
11/29/2023 7:02:19 PM
AGREED AS TO FORM AND SUBSTANCE:
£7 JU SID
Wag-“Gm
William G. Rossick
THE CARLSON LAW FIRM, P.C.
11606 N. IH-35
Austin, Texas 78753
Attorney for Plaintiff
/s/ Mark E. Stradley
Mark E. Stradley
THE STRADLEY LAW FIRM
9330 LBJ Freeway,Suite 1185
Dallas, Texas 75243
Attorney for Defendants
William: v TXI Operatiam, LP. , et 4/.
Third Amended Scheduling Order Page 2 of 2
Preview
CAUSE NO. DC-20-1 1175 MICHAEL WILLIAMS IN THE DISTRICTCOURT §§§§§§§§§§§§§ Plaintiff, V. TXI OPERATIONS, L.P., TEXAS INDUSTRIES, INC., OF DALLAS COUNTY, TEXAS MARTIN MARIETTA, MARTIN MARIETTA MATERIALS, INC., AND MARTIN MARIETTA MATERIALS SOUTHWEST, L.L.C., Defendant. 134TH JUDICIAL DISTRICT FOURTH AMENDED 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 discovery and the schedule of this cause: l. This case will be ready and is specially set for JURY TRIAL - CIVIL on December 4, 2023 at 9:00 AM (“this Trial Setting”). Reset or continuance of this 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. 2. The parties may by written agreement alter scheduling deadlines in prior scheduling orders in this cause. 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. Except with leave of court, TRCP 166a(c) motions must be heard no later than thirty (30) days before trial. 3. Because mediation has been completed in accordance with the Standing Dallas County Civil District Court Order Regarding Mediation, no further orders are made regarding ADR. 4. Twenty-Eight (28) days (November 6, 2023) before this 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 (20) days movember 14, 2023) before this Trial Setting, the parties shall exchange designations of deposition testimony to be offered in cross examination. Thirteen (l3) days (November 21, 2023) before this 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 seven (7) days (November 27, 2023) before this Trial Setting, the Williamx v TXI Operatiom, LP. , at all Third Amended Scheduling Order Page 1 of 2 attorneys in charge for all parties shall meet in person or by Zoom to confer on stipulations regarding the materials to be submitted to the Court under this paragraph and attempt to maximize agreement on such matters. 5. By 4 p.m. on the Thursday before this 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 and cross examination, and any motions in limine. The duty to file the materials stated in Rule l66(e)-(l) exists even in the absence of the parties’ ability to meet in order to confer on stipulations regarding the materials to be submitted to the Court. The failure to file the materials stated in Rule l66(e)-(l), an estimate of the length of trial, designation of deposition testimony to be offered in direct examination, and any motions in limine may result in dismissal for want of prosecution or other appropriate sanction. PlaintiffYPlaintiff’s counsel shall serve a copy of this order on any currently named defendants answering after the date of this order. SIGNED this day of , 2023. 11/29/2023 7:02:19 PM AGREED AS TO FORM AND SUBSTANCE: £7 JU SID Wag-“Gm William G. Rossick THE CARLSON LAW FIRM, P.C. 11606 N. IH-35 Austin, Texas 78753 Attorney for Plaintiff /s/ Mark E. Stradley Mark E. Stradley THE STRADLEY LAW FIRM 9330 LBJ Freeway,Suite 1185 Dallas, Texas 75243 Attorney for Defendants William: v TXI Operatiam, LP. , et 4/. Third Amended Scheduling Order Page 2 of 2