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  • DEWEY M. MOORE, Jr  vs.  WINSTEAD, P.C.PROFESSIONAL LIABILITY document preview
  • DEWEY M. MOORE, Jr  vs.  WINSTEAD, P.C.PROFESSIONAL LIABILITY document preview
						
                                

Preview

CAUSE N0.DC-( 19-15858 ) DEWEY M. MOORE, JR., Plai’mffls)’ In the District Court V' 0f Dallas County, Texas WINSTEAD’ PHC.’ 44th Judicial District Defendantfls). ORDER SETTING SCHEDULING CONFERENCE AND NOTICE OF POLICIES In accordance with Rule 166, 190 and 192 0f the Texas Rules ofCivil Procedure, the panics 0r their attorneys are ORDERED to appear for a scheduling conference t0 address those matters stated in those Rules 0n the following date and time: December 13, 2019 @9'00 am, 0r alternatively dismissal for want of prosecution for failure to comply with the Coufls order for the submission and entrance of a scheduling order. The Courtprefers that counsel submit an agreed Scheduling Order in lieu ofattending the scheduling conference hearing, however, the Order must be RECEIVED by 3:00 (he day before tlze hearing in orderfor it tobe cancelled. THE PARTIES ARE ORDERED TO CONFER BEFORE THE CONFERENCE. The conference will not be required if the parties file an agreed scheduling order. One Ofthe two Modified Uniform Scheduling Orders is attached. The date by which the case will be ready for trial (the “Initial Trial Setting”) as indicated in the forms must be on a Monday not a holiday, and must be in the following range: PLEASE USE THE ATTACHED MODIFIED UNIFORM SCHEDULING ORDER, LEVELS 1-2 or 3. Level 1 6-12 months from the date ofinitial filing 0fthe case Level 2 12-18 months from the date 0f initial filing 0f the case Level 3 18-24 months from the date ofinitial filing 0fthe case Requests for variations fi‘om the atrachea’ forms, even ifagreea’, must be made a! tire scheduling conference. Failure t0 attend the scheduling conference may result in the entry 0f an order 0f dismissal for wan! 0f prosecution 0r other sanctions: The parties are directed to take notice ofthe following court poiicies: Service 0f Papers Filed with the Court. ~ Other than original petitions and any accompanying applications for temporary restraining order, any documents filed with the Court that relate to requests for expedited reliefor to matters set for hearing within seven days 0f filing must be served upon all opposing parties in amanner that will ensure receipt 0fthe papers by them 0n the same day the papers are filed with the Court 0r District Cierk. Uncontested 0r Agreed Matters. — The Court does not require a separate motion 0r hearing 0n agreed matters, except for continuances incases over one year old or as otherwise provided All uncontested 0r agreed matters should be presented with a proposed form 0f order and should reflect the agreement ofall parties either (a) by personal 0r authorized signature 0n the form 0f order, 0r (b) in the certificate 0f conference 0n the motion. Submission 0f Orders. —~ Except for proposed orders tendered at a hearing, proposed orders 0n contested matters should be submitted by the prevailing party after notification 0f the Court‘s ruling. Proposed orders should be tendered t0 the opposing party at leasttwo working days before they are submitted to the Court. The opposing parIy must either approve the proposed order as t0 form 0r file objections in writing with the Court within one week 0fthe submission 0fthe proposed order. [fan order isnot approved as t0 form and n0 objections are filed within seven days 0fthe submission of the proposed order, the Court will deem the proposed order t0 be approved as t0 form. Parties are encouraged, however, t0 bring a proposed order t0 the hearing. Briefs. —— The Court will use itsbest efforts t0 review allmotions and briefs before any hearing. Except incase ofemergency, any briefs relating to a motion (other than for summaryjudgment) that isset for hearing must be filed with the clerk 0fthe Court n0 later than two working days before the scheduled hearing, or with the District Clerk no later than three working days before the scheduled hearing. Briefs in support ofa motion for summaryjudgment must be filed with that motion; briefs in opposition t0 a motion for summaryjudgment must be filed at 0r before the time the response isdue‘ Briefs not filed in accordance with this paragraph likely will not be considered. COURT SPECIFIC POLICIES Telephone Hearings, — Participation in hearings by telephone is encouraged. Arrangements should be made with the Court Administrator. (For parties out oftown) Default and Minor Prove-Ups. — Unless instructed otherwise by the Court, defaultjudgments sh0uld be made through affidavits; minor prove-ups shall be set for a hearing through the District Clerk. Continuances. — In cases on file formore than one year, any motion requesting a continuance of trialmust be signed by all parties requesting such a continuance, as well as by counsel. A single agreed continuance of 60-90 days, including Extension of pretrial deadlines, will typically be granted; subsequent requests are rarely granted. Reset 0r continuance will not otherwise affect any 0fthe pretrial deadlines unless specifically provided in the Order. Alterations 0r Additionai Deadlines Permitted. -- The forms attached must be used, but, other than paragraphs 1 or 5 and except as limited by the Rules ofCivil Procedure, different 0r additional deadlines d0 not require an appearance at thescheduling conference and should be made through Rule 11Agreements. SIGNED November 22 2019. 4a District Judge Bonnie 4M Lee Goldstein