Preview
Electronically Filed
9/12/2018 12:20 PM
Lois Rogers, Smith County District Clerk
Reviewed By: Terry Morrow
CAUSE NO. 16-2512-B
EC TYLER HOUSING PARTNERS, LTD. § IN THE DISTRICT COURT
§
Plaintiff, §
§
V. §
§
TERRY GRAHAM, TREY GRAHAM, AND §
TERRY GRAHAM INTERESTS, LTD § 114th JUDICIAL DISTRICT
§
Defendant §
§
V. §
§
TODD WINN, Individually and d/b/a TODD §
WINN CONSTRUCTION §
§
Third-Party Defendant § SMITH COUNTY, TEXAS
THIRD-PARTY DEFENDANT TODD WINN,
INDIVIDUALLY AND D/B/A TODD WINN CONSTRUCTION’S
SUPPLEMENT TO MOTION TO AMEND AGREED SCHEDULING ORDER
COMES NOW Third-Party Defendant Todd Winn, Individually and d/b/a Todd Winn
Construction (“Winn”), and supplements its Motion to Amend Agreed Scheduling Order, and
shows:
I.
SUPPLEMENT
1. Winn does not concede the arguments contained in its Motion to Amend Agreed
Scheduling Order, but instead provides further briefing to support the necessity for the
amendment.
2. On September 4, 2018, Winn requested dates and times for Winn’s expert to
perform an inspection of the properties for September 12 or 13. Winn requested only a visual
inspection of the property, no destructive testing or any other testing that would require the
presence of other parties’ experts.
Winn’s Supp to Mot Am Scheduling Order – Page 1 1558416 372.733
3. On September 6, 2018, Plaintiff advised that the proposed inspection dates of
September 12 and 13 were not available, and that Plaintiff would check on alternative dates.
4. On September 10, 2018, Winn requested an update from Plaintiff on alternative
dates for inspection.
5. As of the date of this Supplement, Plaintiff still has not provided Winn with any
alternative inspection dates.
6. Plaintiff’s failure to provide access to the property at issue in this lawsuit has
deprived Winn’s ability to fully respond to expert reports and opinion, analyze the claims being
asserted, and prepare a defense within the current deadlines set forth in the scheduling order.
7. Even if Plaintiff provided access and allowed Winn and its experts to inspect the
property at a later date, there is insufficient time to provide reports by September 28, 2018.
8. For these additional reasons, and to allow Winn and its experts sufficient time to
inspect the properties complete their investigations, Winn requests that the Court amend the
Amended Agreed Scheduling Order by adding the following deadline:
October 29, 2018 Deadline for Third-Party Defendant Todd Winn,
Individually and d/b/a Todd Winn Construction to
designate rebuttal experts in response to a request under
TEXAS RULE OF CIVIL PROCEDURE 194.2(f) and to
provide reports, if any, of an expert within his control.
9. Winn does not request a continuance of the trial setting or other deadlines, nor
does it request any additional changes to the Amended Agreed Scheduling Order.
10. The new deadline is not sought for delay, but so that justice may be done.
III.
PRAYER
WHEREFORE, Third-Party Defendant Todd Winn, Individually and d/b/a Todd Winn
Construction respectfully prays that the Court grant this Motion, set October 29, 2018 as the
Winn’s Supp to Mot Am Scheduling Order – Page 2 1558416 372.733
delaine for Third-Party Defendant Todd Winn, Individually and d/b/a Todd Winn Construction
to designate rebuttal testifying experts in response to a request under TEXAS RULE OF CIVIL
PROCEDURE 194.2(f) and to provide reports, if any, of a testifying expert within his control,
and for general relief.
Respectfully submitted,
MACDONALD DEVIN, P.C.
By: /s/ Jason M. Jung
Clayton E. Devin
State Bar No. 05787700
CDevin@MacdonaldDevin.com
Jason M. Jung
State Bar No. 24063967
JJung@MacdonaldDevin.com
3800 Renaissance Tower
1201 Elm Street
Dallas, Texas 75270-2130
214.744.3300 Telephone
ATTORNEYS FOR THIRD-PARTY
DEFENDANT TODD WINN, INDIVIDUALLY
AND D/B/A TODD WINN CONSTRUCTION
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been
forwarded to all counsel of record in accordance with the TEXAS RULES OF CIVIL PROCEDURE on
this 12th day of September, 2018.
/s/ Jason M. Jung
Jason M. Jung
Winn’s Supp to Mot Am Scheduling Order – Page 3 1558416 372.733
Preview
Electronically Filed 9/12/2018 12:20 PM Lois Rogers, Smith County District Clerk Reviewed By: Terry Morrow CAUSE NO. 16-2512-B EC TYLER HOUSING PARTNERS, LTD. § IN THE DISTRICT COURT § Plaintiff, § § V. § § TERRY GRAHAM, TREY GRAHAM, AND § TERRY GRAHAM INTERESTS, LTD § 114th JUDICIAL DISTRICT § Defendant § § V. § § TODD WINN, Individually and d/b/a TODD § WINN CONSTRUCTION § § Third-Party Defendant § SMITH COUNTY, TEXAS THIRD-PARTY DEFENDANT TODD WINN, INDIVIDUALLY AND D/B/A TODD WINN CONSTRUCTION’S SUPPLEMENT TO MOTION TO AMEND AGREED SCHEDULING ORDER COMES NOW Third-Party Defendant Todd Winn, Individually and d/b/a Todd Winn Construction (“Winn”), and supplements its Motion to Amend Agreed Scheduling Order, and shows: I. SUPPLEMENT 1. Winn does not concede the arguments contained in its Motion to Amend Agreed Scheduling Order, but instead provides further briefing to support the necessity for the amendment. 2. On September 4, 2018, Winn requested dates and times for Winn’s expert to perform an inspection of the properties for September 12 or 13. Winn requested only a visual inspection of the property, no destructive testing or any other testing that would require the presence of other parties’ experts. Winn’s Supp to Mot Am Scheduling Order – Page 1 1558416 372.733 3. On September 6, 2018, Plaintiff advised that the proposed inspection dates of September 12 and 13 were not available, and that Plaintiff would check on alternative dates. 4. On September 10, 2018, Winn requested an update from Plaintiff on alternative dates for inspection. 5. As of the date of this Supplement, Plaintiff still has not provided Winn with any alternative inspection dates. 6. Plaintiff’s failure to provide access to the property at issue in this lawsuit has deprived Winn’s ability to fully respond to expert reports and opinion, analyze the claims being asserted, and prepare a defense within the current deadlines set forth in the scheduling order. 7. Even if Plaintiff provided access and allowed Winn and its experts to inspect the property at a later date, there is insufficient time to provide reports by September 28, 2018. 8. For these additional reasons, and to allow Winn and its experts sufficient time to inspect the properties complete their investigations, Winn requests that the Court amend the Amended Agreed Scheduling Order by adding the following deadline: October 29, 2018 Deadline for Third-Party Defendant Todd Winn, Individually and d/b/a Todd Winn Construction to designate rebuttal experts in response to a request under TEXAS RULE OF CIVIL PROCEDURE 194.2(f) and to provide reports, if any, of an expert within his control. 9. Winn does not request a continuance of the trial setting or other deadlines, nor does it request any additional changes to the Amended Agreed Scheduling Order. 10. The new deadline is not sought for delay, but so that justice may be done. III. PRAYER WHEREFORE, Third-Party Defendant Todd Winn, Individually and d/b/a Todd Winn Construction respectfully prays that the Court grant this Motion, set October 29, 2018 as the Winn’s Supp to Mot Am Scheduling Order – Page 2 1558416 372.733 delaine for Third-Party Defendant Todd Winn, Individually and d/b/a Todd Winn Construction to designate rebuttal testifying experts in response to a request under TEXAS RULE OF CIVIL PROCEDURE 194.2(f) and to provide reports, if any, of a testifying expert within his control, and for general relief. Respectfully submitted, MACDONALD DEVIN, P.C. By: /s/ Jason M. Jung Clayton E. Devin State Bar No. 05787700 CDevin@MacdonaldDevin.com Jason M. Jung State Bar No. 24063967 JJung@MacdonaldDevin.com 3800 Renaissance Tower 1201 Elm Street Dallas, Texas 75270-2130 214.744.3300 Telephone ATTORNEYS FOR THIRD-PARTY DEFENDANT TODD WINN, INDIVIDUALLY AND D/B/A TODD WINN CONSTRUCTION CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been forwarded to all counsel of record in accordance with the TEXAS RULES OF CIVIL PROCEDURE on this 12th day of September, 2018. /s/ Jason M. Jung Jason M. Jung Winn’s Supp to Mot Am Scheduling Order – Page 3 1558416 372.733