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Filed June 22, 2018
Lois Rogers, District Clerk
7th District Court
CAUSE NO. 16-2497-A Cockrum, Terry
ROBERT CARR AND CLIFFORD § IN THE 7TH JUDICIAL
FRANKLIN, INDIVIDUALLY AND §
AS NEXT FRIEND OF JAMYLON RAY, §
A MINOR §
§
VS. § DISTRICT COURT OF
§
BENJAMIN KYLE JOHNSON AND §
ANDREWS CLEANING SERVICE § SMITH COUNTY, TEXAS
PRE-TRIAL DOCKET CONTROL SCHEDULING ORDER
1. September 14, 2018 NEW PARTIES shall be joined and served by this date. The party causing such joinder
will provide copies of this Order to the new parties.
2. August 27, 2018 MOTIONS TO TRANSFER VENUE. All Motions to Transfer Venue must be filed by
this date.
If no such motion is filed by this deadline, the issue will be deemed as waived.
3. September 14, 2018 EXPERTS for all Plaintiffs shall be designated by this date.
Experts for all other parties
shall be designated thirty (30) days after this date.
No additional experts will be permitted
to testify except for good cause shown.
4. December 14, 2018 DISCOVERY shall be completed by this date. Counsel may by agreement continue
discovery beyond this deadline not to exceed an additional sixty (60) days; such continued
discovery, however, will not delay the trial date. Discovery motions must be filed and a
ruling obtained, if necessary, with sufficient time prior to this deadline to allow a response
to the discovery sought if the Motion were granted.
5. November 30, 2018 ALTERNATE DISPUTE RESOLUTION. Upon the Court's own motion the case is
referred to mediation or arbitration to be held on or before this date.
6. November 5, 2018 MOTIONS FOR SUMMARY JUDGMENT. Any Motion or Amended Motion for
Summary Judgment must be filed by this date.
7. December 14, 2018 AMENDMENTS AND ALL MOTIONS OTHER THAN SUMMARY JUDGMENTS
Plaintiff's amendments to pleadings and motions other than summary judgments shall be
filed by this date including Motions in Limine.
Defendant's amended pleadings and other
motions shall be filed within ten (10) days following Plaintiff's pleadings. Any motions filed
by Plaintiff(s) or Defendant(s) under Daubert/Havner/ Robinson or Texas Rule of Evidence
705 with respect to the expert or experts designated by the opposing party shall be filed by
this date including appropriate affidavits or excerpts from sworn testimony that the party
contends support its assertion that the expert designee does not meet the requirements of the
law and the Daubert/Havner/Robinson line of cases.
No amendments or supplements will
be allowed. Future objections or motions raising these issues will not be entertained,
sustained, or granted.
Any timely designated expert against whom an objection or motion
is not filed by this date will be deemed to have no objection to his or her status as an expert
in the designated area.
This is also your notice that, in the event such a motion is made
challenging the expert status of a designated witness, no live evidence will be received
at the hearing thereon. Therefore, any testimony to be used in such hearing must be
obtained and submitted by this date. With notice of this requirement, the parties should ask
questions and obtain answers at depositions that it contends will support or disprove a
witness’ expertise.If an attorney or party instructs a potential expert not to answer a
question that the court finds at the Daubert hearing thereon to have been a permissible
question, the party or attorney may not be allowed to use such witness as a sanction for such
abuse. This trial court does not have the luxury of time to allow retaking of witnesses’
depositions after these hearings.
Further, if any party becomes so abusive in taking an
opposing witness’ depositionthat the deposition becomes unnecessarily repetitive,
oppressive, or beyond the bounds of reasonable discovery, the offending abusive party will
be sanctioned to potentially include striking of an expert or experts of the abusing party.
PAGE 2
PRE-TRIAL DOCKET CONTROL SCHEDULING ORDER
CAUSE NO. 16-2497-A
8. December 28, 2018 This is the deadline for all parties to submit responses including
appropriate excerpts from
sworn testimony or affidavits from an expert, designated as such in this case, that the party
contends support its assertion that its expert designee meets the requirements of the law and
Daubert/Havner/Robinson. No amendments or supplements will be allowed.
9. December 28, 2018 JOINT PRE-TRIAL ORDER shall be filed by this date. An approved form will be
provided by the Court upon request.Attorneys shall comply with Rule 3.4 of the Local
Smith County Rules of Civil Trial.
10. January 4, 2019 PRE-TRIAL CONFERENCE will be held at 11:00 o'clock a.m. Trial counsel are ordered
to attend and be prepared to discuss all aspects of the suit and trial.
A hearing will be held
to determine Rule 705 and Daubert/Havner/Robinson issues. This will be the only hearing
conducted in this case on these issues.
The parties are hereby on notice that no live
All testimony any party intends to utilize to
testimony will be received at this hearing.
support its claim of expertise or to disprove expertise under the law or
Daubert/Havner/Robinson requirements or Rule 705 must be obtained before the appropriate
discovery deadline set forth above.
If the parties determine that there are no pre-trial
matters other than motions in limine before the court, the parties are to submit a
written letter to the court jointly signed by all attorneys at least 2 days in advance of the
hearing. If the parties timely comply with the filing of said letter, the parties will not
be required to attend the Pre-Trial Conference. Failure to timely comply shall subject
the case to dismissal for want of
prosecution as stated below.
11. January 14, 2019 TRIAL IS SET FOR THIS DATE If the case is not tried by the Friday after this date, the
trial date will be reset.
DOCKET CALL will be held at 9:00 o'clock a.m. in the 7th
District Courtroom. Trial counsel are ORDERED to have prepared and submitted to the
court a proposed Court's Charge prior to the docket call for trial which does not have
to be exchanged with opposing counsel at that time.
NOTE: All attorneys shall read and shall comply with the provisions of Local Smith County Rules of Civil Trial which can be
located at www.smith-county.com.
ALL PARTIES’ COUNSEL ARE ORDERED TO PROVIDE A COPY OF “THE TEXAS LAWYER’S CREED” TO
THEIR CLIENTS, A COPY OF WHICH IS POSTED AT WWW.SMITH-COUNTY.COM.
Rule 165a Dismissal for Want of Prosecution Notice
***Pursuant to Rule 165a of the Rules of Civil Procedure, a case may be dismissed for want of prosecution on failure of any
party seeking affirmative relief to appear for any hearing or trial of which the party had notice.
You are hereby notified of
the Court's intention to dismiss any case on the date and at the time of any hearing or trial where a party seeking affirmative
relief fails to appear for trial or hearing.***
SIGNED and ENTERED this 22nd day of June, 2018.
________________________________________________________
HONORABLE KERRY L. RUSSELL
Presiding Judge, 7th Judicial District Court
Smith County, Texas
PAGE 3
PRE-TRIAL DOCKET CONTROL SCHEDULING ORDER
CAUSE NO. 16-2497-A
cc:
PLAINTIFFS AND COUNTER-DEFENDANT (ROBERT CARR)
Mr. Eduardo J. Garza
Mr. Michael E. Pierce
Pierce Skrabanek, PLLC
3701 Kirby Drive, Suite 760
Houston, Texas 77098
832/690-7000
832/616-5576 fax
michael@pstriallaw.com
eduardo@pstriallaw.com
DEFENDANTS AND COUNTER-PLAINTIFFS
Mr. Bert Struck
Law Offices of David C. Klosterboer
785 Greens Parkway, Suite 240
Houston, Texas 77067
(281) 877-3319
(877) 369-4882 fax
robert.struck@thehartford.com
lawofficesofdavidcklosterboer@thehartford.com
MEDIATOR
Mr. Gary W. Morgan
Gary W. Morgan, P.C.
P O Box 131567
Tyler, TX 75713-1567
903/592-6888
903/597-6031 fax
gwmorgan1@gmail.com
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Filed June 22, 2018 Lois Rogers, District Clerk 7th District Court CAUSE NO. 16-2497-A Cockrum, Terry ROBERT CARR AND CLIFFORD § IN THE 7TH JUDICIAL FRANKLIN, INDIVIDUALLY AND § AS NEXT FRIEND OF JAMYLON RAY, § A MINOR § § VS. § DISTRICT COURT OF § BENJAMIN KYLE JOHNSON AND § ANDREWS CLEANING SERVICE § SMITH COUNTY, TEXAS PRE-TRIAL DOCKET CONTROL SCHEDULING ORDER 1. September 14, 2018 NEW PARTIES shall be joined and served by this date. The party causing such joinder will provide copies of this Order to the new parties. 2. August 27, 2018 MOTIONS TO TRANSFER VENUE. All Motions to Transfer Venue must be filed by this date. If no such motion is filed by this deadline, the issue will be deemed as waived. 3. September 14, 2018 EXPERTS for all Plaintiffs shall be designated by this date. Experts for all other parties shall be designated thirty (30) days after this date. No additional experts will be permitted to testify except for good cause shown. 4. December 14, 2018 DISCOVERY shall be completed by this date. Counsel may by agreement continue discovery beyond this deadline not to exceed an additional sixty (60) days; such continued discovery, however, will not delay the trial date. Discovery motions must be filed and a ruling obtained, if necessary, with sufficient time prior to this deadline to allow a response to the discovery sought if the Motion were granted. 5. November 30, 2018 ALTERNATE DISPUTE RESOLUTION. Upon the Court's own motion the case is referred to mediation or arbitration to be held on or before this date. 6. November 5, 2018 MOTIONS FOR SUMMARY JUDGMENT. Any Motion or Amended Motion for Summary Judgment must be filed by this date. 7. December 14, 2018 AMENDMENTS AND ALL MOTIONS OTHER THAN SUMMARY JUDGMENTS Plaintiff's amendments to pleadings and motions other than summary judgments shall be filed by this date including Motions in Limine. Defendant's amended pleadings and other motions shall be filed within ten (10) days following Plaintiff's pleadings. Any motions filed by Plaintiff(s) or Defendant(s) under Daubert/Havner/ Robinson or Texas Rule of Evidence 705 with respect to the expert or experts designated by the opposing party shall be filed by this date including appropriate affidavits or excerpts from sworn testimony that the party contends support its assertion that the expert designee does not meet the requirements of the law and the Daubert/Havner/Robinson line of cases. No amendments or supplements will be allowed. Future objections or motions raising these issues will not be entertained, sustained, or granted. Any timely designated expert against whom an objection or motion is not filed by this date will be deemed to have no objection to his or her status as an expert in the designated area. This is also your notice that, in the event such a motion is made challenging the expert status of a designated witness, no live evidence will be received at the hearing thereon. Therefore, any testimony to be used in such hearing must be obtained and submitted by this date. With notice of this requirement, the parties should ask questions and obtain answers at depositions that it contends will support or disprove a witness’ expertise.If an attorney or party instructs a potential expert not to answer a question that the court finds at the Daubert hearing thereon to have been a permissible question, the party or attorney may not be allowed to use such witness as a sanction for such abuse. This trial court does not have the luxury of time to allow retaking of witnesses’ depositions after these hearings. Further, if any party becomes so abusive in taking an opposing witness’ depositionthat the deposition becomes unnecessarily repetitive, oppressive, or beyond the bounds of reasonable discovery, the offending abusive party will be sanctioned to potentially include striking of an expert or experts of the abusing party. PAGE 2 PRE-TRIAL DOCKET CONTROL SCHEDULING ORDER CAUSE NO. 16-2497-A 8. December 28, 2018 This is the deadline for all parties to submit responses including appropriate excerpts from sworn testimony or affidavits from an expert, designated as such in this case, that the party contends support its assertion that its expert designee meets the requirements of the law and Daubert/Havner/Robinson. No amendments or supplements will be allowed. 9. December 28, 2018 JOINT PRE-TRIAL ORDER shall be filed by this date. An approved form will be provided by the Court upon request.Attorneys shall comply with Rule 3.4 of the Local Smith County Rules of Civil Trial. 10. January 4, 2019 PRE-TRIAL CONFERENCE will be held at 11:00 o'clock a.m. Trial counsel are ordered to attend and be prepared to discuss all aspects of the suit and trial. A hearing will be held to determine Rule 705 and Daubert/Havner/Robinson issues. This will be the only hearing conducted in this case on these issues. The parties are hereby on notice that no live All testimony any party intends to utilize to testimony will be received at this hearing. support its claim of expertise or to disprove expertise under the law or Daubert/Havner/Robinson requirements or Rule 705 must be obtained before the appropriate discovery deadline set forth above. If the parties determine that there are no pre-trial matters other than motions in limine before the court, the parties are to submit a written letter to the court jointly signed by all attorneys at least 2 days in advance of the hearing. If the parties timely comply with the filing of said letter, the parties will not be required to attend the Pre-Trial Conference. Failure to timely comply shall subject the case to dismissal for want of prosecution as stated below. 11. January 14, 2019 TRIAL IS SET FOR THIS DATE If the case is not tried by the Friday after this date, the trial date will be reset. DOCKET CALL will be held at 9:00 o'clock a.m. in the 7th District Courtroom. Trial counsel are ORDERED to have prepared and submitted to the court a proposed Court's Charge prior to the docket call for trial which does not have to be exchanged with opposing counsel at that time. NOTE: All attorneys shall read and shall comply with the provisions of Local Smith County Rules of Civil Trial which can be located at www.smith-county.com. ALL PARTIES’ COUNSEL ARE ORDERED TO PROVIDE A COPY OF “THE TEXAS LAWYER’S CREED” TO THEIR CLIENTS, A COPY OF WHICH IS POSTED AT WWW.SMITH-COUNTY.COM. Rule 165a Dismissal for Want of Prosecution Notice ***Pursuant to Rule 165a of the Rules of Civil Procedure, a case may be dismissed for want of prosecution on failure of any party seeking affirmative relief to appear for any hearing or trial of which the party had notice. You are hereby notified of the Court's intention to dismiss any case on the date and at the time of any hearing or trial where a party seeking affirmative relief fails to appear for trial or hearing.*** SIGNED and ENTERED this 22nd day of June, 2018. ________________________________________________________ HONORABLE KERRY L. RUSSELL Presiding Judge, 7th Judicial District Court Smith County, Texas PAGE 3 PRE-TRIAL DOCKET CONTROL SCHEDULING ORDER CAUSE NO. 16-2497-A cc: PLAINTIFFS AND COUNTER-DEFENDANT (ROBERT CARR) Mr. Eduardo J. Garza Mr. Michael E. Pierce Pierce Skrabanek, PLLC 3701 Kirby Drive, Suite 760 Houston, Texas 77098 832/690-7000 832/616-5576 fax michael@pstriallaw.com eduardo@pstriallaw.com DEFENDANTS AND COUNTER-PLAINTIFFS Mr. Bert Struck Law Offices of David C. Klosterboer 785 Greens Parkway, Suite 240 Houston, Texas 77067 (281) 877-3319 (877) 369-4882 fax robert.struck@thehartford.com lawofficesofdavidcklosterboer@thehartford.com MEDIATOR Mr. Gary W. Morgan Gary W. Morgan, P.C. P O Box 131567 Tyler, TX 75713-1567 903/592-6888 903/597-6031 fax gwmorgan1@gmail.com