On July 29, 2022 a Motion-Secondary was filed involving a dispute between Ackin, Len, Adjei, Ella, Anderson, Preshas, Belmorris, Joshua, Berry, Ernest, Boozer, Antwuan, Bradix, Dorothy, Brewer, Chautaugua, Brown, Alvin, Brown, Katrina, Brown, Kenneth, Brown, Lauren, Bustillos, Orlando, Carnell, Johnny, Chester, Kjatha, Cisse, Sekou, Cisses, Sekou, Crawford, September, Crosley, Tyler, Davis, Kimberly, Diggs, Jake, Duncan, Ronnie, Elhadi, Jihad Abd, Ferguson, Lily, Fisher, Rudolph, Fisher, Sheila, Fonteno, Bobby, Ii, Gaston, Lastesha, Gates, Rondalus, Green, Ashley, Greene, Pamela, Harris, Jaquan, Harrison, Carol, Harrison, Charles, Harrison, Edward, Harrison, Joyce M., Harrison, Latasha, Harrison, Latoya, Harrison, Sharon, Henry, Donmonique, Howard, Rafael, Issah, Willie, Jackson, Marcus, Johnson, Robert, Johnson, Trenton, Jones, Brandon, Jones, Cedric, Jones, Cheryl, Jones, Edward, Jones, Toshi, Jones, Valencia, Kelley, Mildred, Kelley, Raven, Knight-Trigg, Tamara, Lara, Ephraim, Lard, Lazerick, Lee, Jada, Lee, Laquesha, Lee, Mariah, Lester, Ella, Luckey, Angela, Martinez, Jose, Mccray, Cornelius, Mcpherson, Aaron, Mcqueen, Dominika, Mims, Stacey, Mitchell, Benjamin, Montgomery, Jaqueisha, Mosley, Phyllis, Muoka, Margaret, Nixon, Latoya, Nzioka, Joseph, Oldacre, Donald, Oldacre, Glory, Olivarez, Gloria, Pena, Epifani, Pipkins, Sherry, Porter, Michelle, Purifoy, Wakeisha, Rodriguez, Amber, Rodriguez, Jazun, Ross, Edward, Scott, Benjamin, Scott, Hasani, Shelby, Kenneth, Smith, Jermaine, Smith, Sabrina, Stoker, Lester, Swope, Janice, Talley, Kelvin, The Estate Of Cheryl Jones, Tienda, Alexa, Tittel, Michael, Walker, Latasha, Ware, Addonais, Ware, Tara, Ware, T'Ara, Washington, Eartha, Wells, Kristy, West, Laquita, White, Carolyn, White, Darla, Whitemon, Bobby, Whitemon, Dorothy, White, Quinton, White, Sandra, Williams, Calap, Iii, Williams, Jackie, Jr, Woodard, Vickie, Young, Ariel, Young, Pamela, and Brewer, Chautaugua, Davis, Kimberly, Mars Partners, Ltd, Oncor Electric Delivery Company Llc, Oncor Electric Delivery Company, Llc, Poly-America Gp, Llc, Poly America Inc, Poly-America Inc, Poly-America International Inc., Poly-America Lp, for PROPERTY in the District Court of Dallas County.
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CAUSE NO. DC-22-08610 LEN ACKLIN, INDIVIDUALLY, ET IN THE DISTRICT COURT §§§§§§§§§§§§§ AL.; PLAINTIF FS, V. 19lst JUDICIAL DISTRICT POLY-AMERICA INTERNATIONAL INC.; POLY—AMERICA, INC; POLY- AMERICA GP, LLC; POLY-AMERICA LP; ONCOR ELECTRIC DELIVERY COMPANY, LLC; AND MARS PARTNERS, LTD; DEFENDANTS. DALLAS COUNTY, TEXAS PLAINTIFFS’ PROPOSED AMENDED SCHEDULING ORDER TO THE HONORABLE JUDGE OF SAID COURT: In accordance with the Texas Rules of Civil Procedure, the parties have conferred and have been unable to reach an agreement on a Scheduling Order for this matter. As such, Plaintiffs submit their proposed scheduling order for this case. Discovery in this case is controlled by this Scheduling Order. In accordance therewith, the Court ORDERS as follows: l. November 12, 2024 (90 days before the end of the Discovery Period)- On or before this date, Plaintiffs shall serve all attorneys of record with their written designation and opinions of expert Witnesses expected to testify at trial of this cause in accordance with Tex. R. Civ. P. 194 and 195. Plaintiffs are required to provide written reports from retained experts. December 30, 2024 (60 days before the end of the Discovery Period)- On or before this date, Defendants shall serve all attorneys of record with their written designation and opinions of expert witnesses expected to testify at trial of this cause in accordance with Tex. R. Civ. P. 194 and 195 . Defendants are required to provide written reports from retained experts. January 27, 2025, 2023 (30 days before the end of the Discovery Period)- On or before this date, the parties shall file with the Court and serve all attorneys of record any amended and/or supplemental pleadings adding any new causes of action and/or defenses. PLAINTIFF’S PROPOSED SCHEDULING ORDER PAGE 1 February 17, 2025 (7 days before the end of the Discovery Period)- Other Amended Pleadings deadline. February 24, 2025 (30 days before the Initial Trial Setting)- All written discovery and depositions, including expert depositions, shall be completed and/or supplemented on or before this date. February 24, 2025 (30 days before the Initial Trial Setting): The parties and their attorneys, along with any third party having full settlement authority on the case, shall attend a mediation to encourage peaceful resolution of this matter on or before this date. March 3, 2025 (7 days after the end of the Discovery Period)- Except with leave of court, motions for summary judgment, motions to compel discovery, and any objection or motion to exclude or limit expert testimony due to qualification of the expert or reliability of the opinions must be filed on or before this date. March 3, 2025 (21 days before the Current Trial Setting)- On or before this date, the parties shall exchange their Witness list, exhibit list, proposed jury charge, and page/line designations of deposition testimony to be offered in direct examination. March 10, 2025 (14 days before the Current Trial Setting)- On or before this date, the parties shall serve any objections to page/line designations by other parties, objections to exhibits, and serve any page/line designations of deposition testimony to be offered in cross-examination. Notice of filing business record affidavits will also be filed. 10. March 14, 2025 (10 days before the Current Trial Setting)- On or before this date, the parties shall meet and confer regarding all deposition designations by other parties, motions in limine, proposed jury charge, and any matter which may be discussed at the pretrial hearing. 11. March 17, 2025 (7 days before the Current Trial Setting)- On or before this date, the parties shall file with the Court, witness list, expert list, an estimate of the length of trial, proposed jury charge, designation of deposition testimony, and any objections to page/line designations by other parties, objections to exhibits, and serve any page/line designations of deposition testimony to be offered in cross- examination to be offered in direct examination, and any motions in limine. 12. March 14, 2025 (10 days before trial): Pretrial Hearing. Time to be determined by the Court. 13. March 20, 2025 (The Thursday before the Current Trial Setting)- Parties will announce ready to the Court. PLAINTIFF’S PROPOSED SCHEDULING ORDER PAGE 2 14. March 24, 2025 @ 9:30 A.M.: The case is set for jury trial on this date. Unless otherwise covered by this Order, all other matters shall be governed according to the Texas Rules of Civil Procedure. The provisions of this Order shall not be varied except upon agreement of the parties or upon subsequent Order by this Court. Additionally, the Parties agree that their acceptance and execution of this Agreed Scheduling Order shall serve as their Rule 11 agreement by which they agree to have the dates outlined above govern this litigation, until such time as the Court executes the same. SIGNED on this day of , 2024. JUDGE PRESIDING PLAINTIFF’S PROPOSED SCHEDULING ORDER PAGE 3 Respectfully submitted, PLLC KIngRoié’V JENNfiTER ANNE KINDER TEXAS BAR NO. 00787837 Email: ikinder@iustcallkinder.net CERTIFICATE OF CONFERENCE Through a series of emails from April 10, 2024 through April 12, 2024 counsel for Plaintiffs and Defendants attempted to reach an agreement on a scheduling order. However, both sides were unable to come to an agreement. Therefore, this Proposed Order is presented to the Court for determination. QSL Jennifer Anne Kinder DeHay & Elliston, L.L.P. 3500 Bank of America Plaza 901 Main Street Dallas, TX 75202-3736 Telephone: (214) 210-2400 Fax: (214) 210-2500 GARY D. ELLISTON Texas State Bar No. 6584700 PAMELA J. WILLIAMS Texas State Bar No. 00791936 ATTORNEYS FOR DEFENDANTS POLY-AMERICA INTERNATIONAL INC., POLY-AMERICA GP, LLC, POLY-AMERICA LP, AND MARS PARTNERS, LTD COBB MARTINEZ WOODWARD PLLC PLAINTIFF’S PROPOSED SCHEDULING ORDER PAGE 4 Lance C. Travis State Bar No. 00797568 Cobb Martinez Woodward PLLC 1700 Pacific Ave., Suite 3100 Dallas, TX 75201 214-220-5236 (phone) 214-220-5299 (fax) 1travis@cobbmartinez.com John C. Stewart State Bar No. 19211525 Daniel G. Altman State Bar No. 00793255 777 Main, Suite 747 Fort Worth, Texas 76101 (817) 2 1 5 -5 885 (Telephone) (817) 2 1 5-63 60 (Facsimile) J ohn.stewart@oncor.com Attorneys for Defendant Oncor Electric Delivery Company, LLC PLAINTIFF’S PROPOSED SCHEDULING ORDER PAGE 5 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. Rocio Castro on behalf of Jennifer Kinder Bar No. 787837 rcastro@justcallkinder.net Envelope ID: 86652204 Filing Code Description: Non-Signed Proposed Order/Judgment Filing Description: PLAINTIFFS PROPOSED AMENDED SCHEDULING ORDER Status as of 4/15/2024 3:54 PM CST Associated Case Party: LEN ACKIN Name BarNumber Email TimestampSubmitted Status Jennifer Kinder 787837 jkinder@justcallkinder.net 4/15/2024 12:13:11 PM SENT ROCIO CASTRO RCASTRO@JUSTCALLKINDER.NET 4/15/2024 12:13:11 PM SENT FRED NESSLER fwn@nesslerlaw.com 4/15/2024 12:13:11 PM SENT Griffin McMillin gmcmillin@justcallkinder.net 4/15/2024 12:13:11 PM SENT Damian Sullivent dsullivent@nesslerlaw.com 4/15/2024 12:13:11 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status John CStewart john.stewart@oncor.com 4/15/2024 12:13:11 PM SENT Angie Ranton angela.ranton@oncor.com 4/15/2024 12:13:11 PM SENT Pamela J.Williams pwilliams@dehay.com 4/15/2024 12:13:11 PM SENT Cris Page cpage@dehay.com 4/15/2024 12:13:11 PM SENT Diane Hallmark diane.hallmark@oncor.com 4/15/2024 12:13:11 PM SENT Christine Harvey charvey@dehay.com 4/15/2024 12:13:11 PM SENT Bob Wynne service@justwynnelaw.com 4/15/2024 12:13:11 PM SENT Adam Bell AdamB@poly-america.com 4/15/2024 12:13:11 PM SENT Sherri Robinson sherri.robinsoncsr@gmail.com 4/15/2024 12:13:11 PM SENT Ruark Mershon RuarkM@poly-america.com 4/15/2024 12:13:11 PM SENT Alexis Quezada alexisq@poly-america.com 4/15/2024 12:13:11 PM SENT Madison Pyle mpyle@dehay.com 4/15/2024 12:13:11 PM SENT Lance Travis LTravis@cobbmartinez.com 4/15/2024 12:13:11 PM SENT 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. Rocio Castro on behalf of Jennifer Kinder Bar No. 787837 rcastro@justcallkinder.net Envelope ID: 86652204 Filing Code Description: Non-Signed Proposed Order/Judgment Filing Description: PLAINTIFFS PROPOSED AMENDED SCHEDULING ORDER Status as of 4/15/2024 3:54 PM CST Case Contacts Lance Travis LTravis@cobbmartinez.com 4/15/202412:13:11 PM SENT Anacorina Andrade aandrade@cobbmartinez.com 4/15/2024 12:13:11 PM SENT Landon Dutra ldutra@cobbmartinez.com 4/15/2024 12:13:11 PM SENT Christine Harvey deservice@dehay.com 4/15/2024 12:13:11 PM SENT Gary DElliston gelliston@dehay.com 4/15/2024 12:13:11 PM SENT