Preview
RECEIVED AND FILED
FOR RECORD
11/09/2016 3:00 PM
a a
Barbara Gladden Adamick
District Clerk
TRACY A. GILBERT Montgomery County, Texas
Judge, 418th Judicial District Court Wh'ddon’ Rebecca
JENNIFER JAMES ROBIN, Associate Judge
Kimberly Perry Christa Townes, CSR, RMR
Court Administrator Oflicial Court Reporter
mailto:kim.perry@mctx.0rg mailto:christa.townes@mctx.org
Timothy H. Parks JillDriscoll,CSR, CBC
Court Coordinator Associate Court Reporter
mailto:timothy.parks@mctx.0rg mailto:jill.driscoll@mctx.org
November 09, 2016
RICK BRASS Fax: 936—788-5701
JOSHUA SCOTT TERRY 1006 North Huntington Tower Run
Montgomery, Texas 77316
Re: Cause No. 08-12-11940
In the 418th District Court 0f Montgomery County, Texas
Dear Counsel:
Enclosed/attached is a Scheduling Order which shall control the disposition of this matter. THE TRIAL AND THE
DOCKET CALL-PRETRIAL CONFERENCE DATES ARE FIRM AND ARE NOT SUBJECT TO CHANGE. The parties
may agree upon reasonable adjustments to the other dates, and to any limitation 0n the time for or amount of discovery
allowed under either the SCHEDULNG ORDER or the Texas Rules of Civil Procedure. Any Amended Discovery Control
Plan shall be filed within 20 days of the date of this letter,or within 20 days after the appearance of opposing counsel. If
an Amended Scheduling Order is not so filed,all dates on the enclosed/attached SCHEDULING ORDER shall control.
Counsel shall also comply with the enclosed TRIAL PREPARATION ORDER.
This case has been set for TRIAL on March 27, 2017 at 9:00 a.m. A|| parties shall be present, along with
counsel ifapplicable, and prepared to discuss all issues relating to this case (including settlement) at the DOCKET CALL-
PRETRIAL CONFERENCE on Friday, March 17, 2017 at 9:00 a.m. Counsel shall contact the Court Coordinator at
(936) 538-3618, and advise him/her of the amount of time this trial will require.
THE PARTY CAUSING THE JOINDER OF ANY NEW PARTY(|ES) FOLLOWING THE ISSUANCE OF THE
ENCLOSED/ATTACHED SCHEDULING ORDER AND TRIAL PREPARTION ORDER SHALL PROVIDE A COPY OF
THIS LETTER, THE SCHEDULING ORDER, THE TRIAL PREPARATION ORDER AND ANY APPLICABLE STANDING
ORDER(S) TO THE NEW PARTY(|ES) AT THE TIME OF APPEARANCE.
418T“ Judicial District Court
Montgomery County Courthouse o 301 North Main, Suite 217 v Conroe, Texas 77301
(936) 538-3618 or (281) 364-4200 ext. 3618 Fax (936) 538-3660
www.mctx.org/courts/418th_district_court
Cause No. 08-12-11940
LAUREN LENELLE TERRY § IN THE DISTRICT COURT OF
§
§ MONTGOMERY COUNTY, TEXAS
§
JOSHUA SCOTT TERRY § 418th JUDICIAL DISTRICT COURT
SCHEDULING ORDER-FAMILY
The following Scheduling Order shall apply t0 this case unless modified by the Court. Any date that
falls 0n a weekend 0r legal holiday (as determined by the Montgomery County Commissioners Court) shall be
moved to the next business day that does not fall on a weekend or legal holiday. A11 parties shall comply with
the enclosed/attached Trial Preparation Order - Family.
1. 120 DAYS BEFORE TRIAL JOINDER. A11 parties must be added and served, whether by
amendment or third—party practice, by this date. THE PARTY CAUSING
THE JOINDER OF ANY NEW PARTY(IES) FOLLOWING THE
ISSUANCE OF THIS SCHEDULING ORDER SHALL PROVIDE A
COPY OF THIS SCHEDULING ORDER, THE COURT’S COVER
LETTER, THE TRIAL PREPARATION ORDER—FAMILY, AND ANY
APPLICABLE STANDING ORDER(S) TO THE NEW PARTY(IES) AT
THE TIME OF SERVICE.
2. 105 DAYS BEFORE TRML PLEADINGS. A11 amendments and supplements must be filed by this
date. This order does not preclude prompt filing 0f pleadings directly responsive
to any timely filed pleadings.
EXPERT WITNESS DESIGNATION. A list shall be filed that
includes each expert's name, address, telephone number(s), and the subj ect 0f the
testimony and opinions that Will be proffered by each expert.
(a) 105 DAYS BEFORE TRIAL Plaintiff(s);and
(b) 90 DAYS BEFORE TRIAL A11 other parties.
Experts not listed in compliance With this paragraph will not be permitted t0
testify absent a showing 0f good cause. This designation is not a substitute for
any required discovery supplementation.
4. 45 DAYS BEFORE TRIAL SWORN INVENTORY AND APPRAISEMENT / FINANCIAL
INFORMATION STATEMENT. On 0r before this date, all parties shall file
and exchange (a) a Sworn Inventory and Appraisement of all property, both real
and personal, owned 0r claimed by the parties, and (b) a Financial Information
Statement. Failure t0 file and exchange same Will result in the Court adopting as
stipulated the information filed by the complying party.
5. 45 DAYS BEFORE TRIAL DISCOVERY DEADLINE. A11 discovery requests and deposition
notices must be served by this date. Counsel may initiate discovery beyond this
deadline by agreement. Incomplete discovery Will not delay the trial date.
6. 45 DAYS BEFORE TRIAL SUMMARY JUDGMENTS. A11 Motions for Summary Judgment shall
be filed by this date.
7. 15 DAYS BEFORE TRIAL MEDIATION/ALTERNATIVE DISPUTE RESOLUTION. By this
date, mediation must be completed. The named parties shall be present during
the entire mediation process, and each corporate party must be represented by an
executive With full authority t0 negotiate a settlement.
8. March 17 2017 DOCKET CALL-PRETRIAL CONFERENCE. (TIME: 9:00 a.m.).
Parties shall be present and prepared t0 discuss all aspects 0f trial With the court
on this date. Parties shall comply with the enclosed Trial Preparation Order —
Family.
NOTICE OF INTENT TO DISMISS ON DOCKET CALL-PRETRIAL
CONFERENCE DATE: THIS CASE MAY BE DISMISSED FOR WANT OF
PROSECUTION ON OR AFTER THE DATE OF THE DOCKET CALL-
PRETRIAL CONFERENCE if by said date there is no:
a. Service With citation;
b. Answer or properly executed Waiver 0n file;
c. Mediation; or
d. Completion of approved PARENT EDUCATION
PROGRAM, if applicable.
Failure t0 appear at DOCKET CALL-PRETRIAL CONFERENCE
mav result in the dismissal 0f the case, appropriate sanctions and/or
the exclusion of some 0r allof that partv’s evidence.
It is further ORDERED that any necessary genetic testing shall be
completed and results obtained by this date pursuant to Chapter 160 0f the
Texas Family Code.
9. March 27 2017 TRIAL — 9:00 a.m.
SIGNED:
PM
Signed: 11/9/2016 02:59
/$/ Tracy Gilbert
November 09, 20 1 6
Tracy A Gilbert DATE
JUDGE, 418m DISTRICT COURT
CAUSE NO. 08-12-11940
LAUREN LENELLE TERRY § IN THE DISTRICT COURT OF
§
V § MONTGOMERY COUNTY, TEXAS
§
JOSHUA SCOTT TERRY § 418th JUDICIAL DISTRICT COURT
TRIAL PREPARATION ORDER — FAMILY
Pursuant to Rule 166 0f the Texas Rules of Civil Procedure, it ishereby ORDEDED that a DOCKET
CALL-PRETRIAL CONFERENCE is set in this matter for 9:00 a.m. on Fridav March 17, 2017. Counsel
shall be prepared to discuss all matters as may aid in the disposition 0f this action, including those items
outlined in Rule 166 (a) — (p).
Pursuant t0 Rule 166, the following shall apply:
1) DOCKET CALL-PRETRIAL CONFERENCE shall be at 9:00 a.m. 0n Friday, March 17, 2017
2) A11 parties shall be present, along with counsel if applicable, and prepared to discuss all issues relating
t0 this case (including settlement) at the DOCKET CALL-PRETRIAL CONFERENCE.
3) At the DOCKET CALL-PRETRIAL CONFERENCE, all parties must file with the Court and serve
on opposing counsel the following:
a. Moti0n(s) in Limine (for jury trials);
b. A proposed Charge t0 the Jury With definitions, instructions and questions (for jury trials)
(Please furnish the Court with a printed copy, and a CD, flashdrive or 3.5” disc containing the
proposed Charge to the Jury in MS Word format);
c. A proposed division of property;
d. Proposed provisions for the Final Decree on issues that are in dispute between the parties
(Please furnish the Court with a printed copy, and a CD, flashdrive 0r 3.5” disc containing such
provisions in MS Word format); and
e. Any briefs or authorities 0n issues that may come before the Court during trial.
4) Each party shall prepare and file an EXHIBIT LIST for the Court and opposing counsel. A11 exhibits
that Will be offered at trial shall be PRE-MARKED and, along with the EXHIBIT LIST, exchanged
between counsel prior to the DOCKET CALL-PRETRIAL CONFERENCE.
5) A11 exhibits not objected t0 by opposing counsel shall be admitted into evidence as a first order 0f
business at trial.
6) A11 counsel shall advise each other in writing, prior t0 the DOCKET CALL-PRETRIAL
CONFERENCE, of all deposition excerpts that will be offered at trial,with designated page and line.
7) A11 other pre-trial discovery, deadlines, and other matters shall be governed by the SCHEDULING
ORDER —FAMILY entered in this case and the Texas Rules of Civil Procedure.
8) A11 Counsel shall be familiar With, and shall comply With, THE TEXAS LAWYER’S CREED.
Any party that fails to comply with the above Will be subj ect t0 appropriate sanctions and/or the exclusion of
some or all of that party’s evidence.
It isthe Court’s desire that every trial be conducted professionally and efficiently for the benefit of the
parties and the Court. If counsel has any other special requests or suggestions, please advise the Court
Coordinator.
SIGNED' Signed: 11/9/2016 03:00 PM
/$/ Tracy Gi/bert November 09, 2016
Tracy A Gilbert DATE
JUDGE, 418th DISTRICT COURT
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RECEIVED AND FILED FOR RECORD 11/09/2016 3:00 PM a a Barbara Gladden Adamick District Clerk TRACY A. GILBERT Montgomery County, Texas Judge, 418th Judicial District Court Wh'ddon’ Rebecca JENNIFER JAMES ROBIN, Associate Judge Kimberly Perry Christa Townes, CSR, RMR Court Administrator Oflicial Court Reporter mailto:kim.perry@mctx.0rg mailto:christa.townes@mctx.org Timothy H. Parks JillDriscoll,CSR, CBC Court Coordinator Associate Court Reporter mailto:timothy.parks@mctx.0rg mailto:jill.driscoll@mctx.org November 09, 2016 RICK BRASS Fax: 936—788-5701 JOSHUA SCOTT TERRY 1006 North Huntington Tower Run Montgomery, Texas 77316 Re: Cause No. 08-12-11940 In the 418th District Court 0f Montgomery County, Texas Dear Counsel: Enclosed/attached is a Scheduling Order which shall control the disposition of this matter. THE TRIAL AND THE DOCKET CALL-PRETRIAL CONFERENCE DATES ARE FIRM AND ARE NOT SUBJECT TO CHANGE. The parties may agree upon reasonable adjustments to the other dates, and to any limitation 0n the time for or amount of discovery allowed under either the SCHEDULNG ORDER or the Texas Rules of Civil Procedure. Any Amended Discovery Control Plan shall be filed within 20 days of the date of this letter,or within 20 days after the appearance of opposing counsel. If an Amended Scheduling Order is not so filed,all dates on the enclosed/attached SCHEDULING ORDER shall control. Counsel shall also comply with the enclosed TRIAL PREPARATION ORDER. This case has been set for TRIAL on March 27, 2017 at 9:00 a.m. A|| parties shall be present, along with counsel ifapplicable, and prepared to discuss all issues relating to this case (including settlement) at the DOCKET CALL- PRETRIAL CONFERENCE on Friday, March 17, 2017 at 9:00 a.m. Counsel shall contact the Court Coordinator at (936) 538-3618, and advise him/her of the amount of time this trial will require. THE PARTY CAUSING THE JOINDER OF ANY NEW PARTY(|ES) FOLLOWING THE ISSUANCE OF THE ENCLOSED/ATTACHED SCHEDULING ORDER AND TRIAL PREPARTION ORDER SHALL PROVIDE A COPY OF THIS LETTER, THE SCHEDULING ORDER, THE TRIAL PREPARATION ORDER AND ANY APPLICABLE STANDING ORDER(S) TO THE NEW PARTY(|ES) AT THE TIME OF APPEARANCE. 418T“ Judicial District Court Montgomery County Courthouse o 301 North Main, Suite 217 v Conroe, Texas 77301 (936) 538-3618 or (281) 364-4200 ext. 3618 Fax (936) 538-3660 www.mctx.org/courts/418th_district_court Cause No. 08-12-11940 LAUREN LENELLE TERRY § IN THE DISTRICT COURT OF § § MONTGOMERY COUNTY, TEXAS § JOSHUA SCOTT TERRY § 418th JUDICIAL DISTRICT COURT SCHEDULING ORDER-FAMILY The following Scheduling Order shall apply t0 this case unless modified by the Court. Any date that falls 0n a weekend 0r legal holiday (as determined by the Montgomery County Commissioners Court) shall be moved to the next business day that does not fall on a weekend or legal holiday. A11 parties shall comply with the enclosed/attached Trial Preparation Order - Family. 1. 120 DAYS BEFORE TRIAL JOINDER. A11 parties must be added and served, whether by amendment or third—party practice, by this date. THE PARTY CAUSING THE JOINDER OF ANY NEW PARTY(IES) FOLLOWING THE ISSUANCE OF THIS SCHEDULING ORDER SHALL PROVIDE A COPY OF THIS SCHEDULING ORDER, THE COURT’S COVER LETTER, THE TRIAL PREPARATION ORDER—FAMILY, AND ANY APPLICABLE STANDING ORDER(S) TO THE NEW PARTY(IES) AT THE TIME OF SERVICE. 2. 105 DAYS BEFORE TRML PLEADINGS. A11 amendments and supplements must be filed by this date. This order does not preclude prompt filing 0f pleadings directly responsive to any timely filed pleadings. EXPERT WITNESS DESIGNATION. A list shall be filed that includes each expert's name, address, telephone number(s), and the subj ect 0f the testimony and opinions that Will be proffered by each expert. (a) 105 DAYS BEFORE TRIAL Plaintiff(s);and (b) 90 DAYS BEFORE TRIAL A11 other parties. Experts not listed in compliance With this paragraph will not be permitted t0 testify absent a showing 0f good cause. This designation is not a substitute for any required discovery supplementation. 4. 45 DAYS BEFORE TRIAL SWORN INVENTORY AND APPRAISEMENT / FINANCIAL INFORMATION STATEMENT. On 0r before this date, all parties shall file and exchange (a) a Sworn Inventory and Appraisement of all property, both real and personal, owned 0r claimed by the parties, and (b) a Financial Information Statement. Failure t0 file and exchange same Will result in the Court adopting as stipulated the information filed by the complying party. 5. 45 DAYS BEFORE TRIAL DISCOVERY DEADLINE. A11 discovery requests and deposition notices must be served by this date. Counsel may initiate discovery beyond this deadline by agreement. Incomplete discovery Will not delay the trial date. 6. 45 DAYS BEFORE TRIAL SUMMARY JUDGMENTS. A11 Motions for Summary Judgment shall be filed by this date. 7. 15 DAYS BEFORE TRIAL MEDIATION/ALTERNATIVE DISPUTE RESOLUTION. By this date, mediation must be completed. The named parties shall be present during the entire mediation process, and each corporate party must be represented by an executive With full authority t0 negotiate a settlement. 8. March 17 2017 DOCKET CALL-PRETRIAL CONFERENCE. (TIME: 9:00 a.m.). Parties shall be present and prepared t0 discuss all aspects 0f trial With the court on this date. Parties shall comply with the enclosed Trial Preparation Order — Family. NOTICE OF INTENT TO DISMISS ON DOCKET CALL-PRETRIAL CONFERENCE DATE: THIS CASE MAY BE DISMISSED FOR WANT OF PROSECUTION ON OR AFTER THE DATE OF THE DOCKET CALL- PRETRIAL CONFERENCE if by said date there is no: a. Service With citation; b. Answer or properly executed Waiver 0n file; c. Mediation; or d. Completion of approved PARENT EDUCATION PROGRAM, if applicable. Failure t0 appear at DOCKET CALL-PRETRIAL CONFERENCE mav result in the dismissal 0f the case, appropriate sanctions and/or the exclusion of some 0r allof that partv’s evidence. It is further ORDERED that any necessary genetic testing shall be completed and results obtained by this date pursuant to Chapter 160 0f the Texas Family Code. 9. March 27 2017 TRIAL — 9:00 a.m. SIGNED: PM Signed: 11/9/2016 02:59 /$/ Tracy Gilbert November 09, 20 1 6 Tracy A Gilbert DATE JUDGE, 418m DISTRICT COURT CAUSE NO. 08-12-11940 LAUREN LENELLE TERRY § IN THE DISTRICT COURT OF § V § MONTGOMERY COUNTY, TEXAS § JOSHUA SCOTT TERRY § 418th JUDICIAL DISTRICT COURT TRIAL PREPARATION ORDER — FAMILY Pursuant to Rule 166 0f the Texas Rules of Civil Procedure, it ishereby ORDEDED that a DOCKET CALL-PRETRIAL CONFERENCE is set in this matter for 9:00 a.m. on Fridav March 17, 2017. Counsel shall be prepared to discuss all matters as may aid in the disposition 0f this action, including those items outlined in Rule 166 (a) — (p). Pursuant t0 Rule 166, the following shall apply: 1) DOCKET CALL-PRETRIAL CONFERENCE shall be at 9:00 a.m. 0n Friday, March 17, 2017 2) A11 parties shall be present, along with counsel if applicable, and prepared to discuss all issues relating t0 this case (including settlement) at the DOCKET CALL-PRETRIAL CONFERENCE. 3) At the DOCKET CALL-PRETRIAL CONFERENCE, all parties must file with the Court and serve on opposing counsel the following: a. Moti0n(s) in Limine (for jury trials); b. A proposed Charge t0 the Jury With definitions, instructions and questions (for jury trials) (Please furnish the Court with a printed copy, and a CD, flashdrive or 3.5” disc containing the proposed Charge to the Jury in MS Word format); c. A proposed division of property; d. Proposed provisions for the Final Decree on issues that are in dispute between the parties (Please furnish the Court with a printed copy, and a CD, flashdrive 0r 3.5” disc containing such provisions in MS Word format); and e. Any briefs or authorities 0n issues that may come before the Court during trial. 4) Each party shall prepare and file an EXHIBIT LIST for the Court and opposing counsel. A11 exhibits that Will be offered at trial shall be PRE-MARKED and, along with the EXHIBIT LIST, exchanged between counsel prior to the DOCKET CALL-PRETRIAL CONFERENCE. 5) A11 exhibits not objected t0 by opposing counsel shall be admitted into evidence as a first order 0f business at trial. 6) A11 counsel shall advise each other in writing, prior t0 the DOCKET CALL-PRETRIAL CONFERENCE, of all deposition excerpts that will be offered at trial,with designated page and line. 7) A11 other pre-trial discovery, deadlines, and other matters shall be governed by the SCHEDULING ORDER —FAMILY entered in this case and the Texas Rules of Civil Procedure. 8) A11 Counsel shall be familiar With, and shall comply With, THE TEXAS LAWYER’S CREED. Any party that fails to comply with the above Will be subj ect t0 appropriate sanctions and/or the exclusion of some or all of that party’s evidence. It isthe Court’s desire that every trial be conducted professionally and efficiently for the benefit of the parties and the Court. If counsel has any other special requests or suggestions, please advise the Court Coordinator. SIGNED' Signed: 11/9/2016 03:00 PM /$/ Tracy Gi/bert November 09, 2016 Tracy A Gilbert DATE JUDGE, 418th DISTRICT COURT