On July 16, 2021 a
Party Notice
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
FELICIAPITRE ,.
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DISTRICT CLERK
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US-POSTAGEWWNEYBOWES
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George L. Allen, Sr. Courts Bulldmg “rm,
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600 Commerce Street, Suite 101 '-
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Dallas, Texas 75202-4606
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0000384306 JUN 26.
202.3;
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192nd District Court
George L Allen, Sr.
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Courts Building
600 Commerce Street
Dallas, Texas 75202-4627
Telepone 214-653-7709 f
JESSICA B PULLIAM
2001 Ross Ave Ste 700
Dallas TX 75201-2915
6/23/2023
RE: DC-21-09308
MELISSA TARVER, et al
vs.
ATMOS ENERGY CORPORATION, et a1
Dear Counsel of Record:
@fiEASE‘fKKE‘fioTEEBF" THE F6flf6fviNG‘“§Efiifig
%ON THE CQURT’SQNE—WEEK DOCKET}:
I
JURY TRIAL: 02/12/2024 at 9:00 AM.
Trial announcements must be made in aCcordance with Rule 3.02, Local Rules of the
Civil Courts of Dallas County, Texas.
All remaining provisions of the Pre—Trial Order or Scheduling Order previously issued
remains in effect.
_
Sincerely, . , __
Judge Maria Aceves
192nd District Court
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
KT, Minors, RANDY TARVER and
DEBBIE TARVER '
IN THE DISTRICT COURT OF
v. DALLAS COUNTY, TEXAS
192ND 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
[PROPOSEDI'AMENDED LEVEL 3 DOCKET CONTROL ORDER
In accordance :withiRule-s "1066’, 1‘90, and 192 of Texas Rules Civil Procedure, the
,1
the of
Court makes the TOlllovving order to control discovery and 'theischedule Of this cause. To the extent
this order conflicts with the Court’s initial August 17, 2021 Uniform Scheduling Order or
‘
subsequent October 20, 2021 Scheduling Order, this, order controls.
Rule 190.4 (Level 3) of the Texas Rules of
Discovery in this case will be controlled by
Civil Procedure. Except by agreement of the parties, leave of court, or where expressly authorized
‘
by theiThexas Rules .Of Civil Procedure, no party may obtain discovery of information subject to
disclosure
under Rule 194 by any other form of discovery.
[Proposed] Amended Level 3 Docket Control Order Page 1 of 3
SCHEDULE
Amended Current Description ‘
Date Date
08/01/2023 07/07/2023 DEFENDANTS’ 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 l95.5(b) shall be produced at the
time of designation. Failure to timely respond will be governed by
' ‘
Rule 193.6. t
11/03/2023 06/30/2023' MOT—IONS TO£OMPELDISCOVERY1 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.
11/17/2023 07/07/2023 DISCOVERY: All 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.
12/05/2023 07/14/20'23 RULE 166a(c) MOTIONS: ,Except with leave of court, TRCP
166a(c) motions must be filed no later than this date.
i
12/05/2023 07/24/2023 CHALLENGES TO EXPERT TESTIMONY: All motions to
exclude expert testimony and evidentiary challenges to expert
testimony must be filed by this date, unless extended by leave of
court.
i 7
01/15/2024» 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.
01/24/2024 08/14/2023 EXCHANGE OBJECTIONS AND CONFER ON
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
to be submitted to the Court and attempt to maximize agreement on
such matters.
[Proposed] Amended Level 3 Docket Control Order Page 2 of 3
01/29/2024 08/17/2023 FINAL PRE—TRIAL CONFERENCE: Parties shall be prepared
to discuss all aspects of trial with court on this date.
02/12/2024 08/21/2023 TRIAL; This case is preferentially set for a JURY TRIAL on this
date at 9:00 a.m.
Signedon» 6/22/2023 .2023
GEP
192ND JUDICIA . ISTRICT COURT
'
[Proposed] Amended Level 3 Docket Control Order Page 3 of 3
Preview
FELICIAPITRE ,. ,3 DISTRICT CLERK 4 ' ' 4 ~ '- US-POSTAGEWWNEYBOWES m . . . , George L. Allen, Sr. Courts Bulldmg “rm, .u - ' \J' - .=. ,3 f' l‘ l —— l—‘. r, 600 Commerce Street, Suite 101 '- . Dallas, Texas 75202-4606 3513202 $ 000 .6005- *’ LED . _ 0000384306 JUN 26. 202.3; ‘ \R/ak 238E?'3 All 3v“. ' LxmAPPRE- T DFIS a . maxim, ¢v E4) 67 =| fig —t 192nd District Court George L Allen, Sr. ' Courts Building 600 Commerce Street Dallas, Texas 75202-4627 Telepone 214-653-7709 f JESSICA B PULLIAM 2001 Ross Ave Ste 700 Dallas TX 75201-2915 6/23/2023 RE: DC-21-09308 MELISSA TARVER, et al vs. ATMOS ENERGY CORPORATION, et a1 Dear Counsel of Record: @fiEASE‘fKKE‘fioTEEBF" THE F6flf6fviNG‘“§Efiifig %ON THE CQURT’SQNE—WEEK DOCKET}: I JURY TRIAL: 02/12/2024 at 9:00 AM. Trial announcements must be made in aCcordance with Rule 3.02, Local Rules of the Civil Courts of Dallas County, Texas. All remaining provisions of the Pre—Trial Order or Scheduling Order previously issued remains in effect. _ Sincerely, . , __ Judge Maria Aceves 192nd District Court 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 KT, Minors, RANDY TARVER and DEBBIE TARVER ' IN THE DISTRICT COURT OF v. DALLAS COUNTY, TEXAS 192ND 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 [PROPOSEDI'AMENDED LEVEL 3 DOCKET CONTROL ORDER In accordance :withiRule-s "1066’, 1‘90, and 192 of Texas Rules Civil Procedure, the ,1 the of Court makes the TOlllovving order to control discovery and 'theischedule Of this cause. To the extent this order conflicts with the Court’s initial August 17, 2021 Uniform Scheduling Order or ‘ subsequent October 20, 2021 Scheduling Order, this, order controls. Rule 190.4 (Level 3) of the Texas Rules of Discovery in this case will be controlled by Civil Procedure. Except by agreement of the parties, leave of court, or where expressly authorized ‘ by theiThexas Rules .Of Civil Procedure, no party may obtain discovery of information subject to disclosure under Rule 194 by any other form of discovery. [Proposed] Amended Level 3 Docket Control Order Page 1 of 3 SCHEDULE Amended Current Description ‘ Date Date 08/01/2023 07/07/2023 DEFENDANTS’ 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 l95.5(b) shall be produced at the time of designation. Failure to timely respond will be governed by ' ‘ Rule 193.6. t 11/03/2023 06/30/2023' MOT—IONS TO£OMPELDISCOVERY1 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. 11/17/2023 07/07/2023 DISCOVERY: All 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. 12/05/2023 07/14/20'23 RULE 166a(c) MOTIONS: ,Except with leave of court, TRCP 166a(c) motions must be filed no later than this date. i 12/05/2023 07/24/2023 CHALLENGES TO EXPERT TESTIMONY: All motions to exclude expert testimony and evidentiary challenges to expert testimony must be filed by this date, unless extended by leave of court. i 7 01/15/2024» 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. 01/24/2024 08/14/2023 EXCHANGE OBJECTIONS AND CONFER ON 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 to be submitted to the Court and attempt to maximize agreement on such matters. [Proposed] Amended Level 3 Docket Control Order Page 2 of 3 01/29/2024 08/17/2023 FINAL PRE—TRIAL CONFERENCE: Parties shall be prepared to discuss all aspects of trial with court on this date. 02/12/2024 08/21/2023 TRIAL; This case is preferentially set for a JURY TRIAL on this date at 9:00 a.m. Signedon» 6/22/2023 .2023 GEP 192ND JUDICIA . ISTRICT COURT ' [Proposed] Amended Level 3 Docket Control Order Page 3 of 3