On October 18, 2019 a
SCHEDULING ORDER - AGREED DISCOVERY CONTROL PLAN
was filed
involving a dispute between
Brown, Rodney,
and
Bautista, Irma,
Bautista, Reynaldo,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
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CAUSE NO. DC-l9-16913
RODNEY BROWNN, § IN THE DISTRICT COURT
Plaintiff, §
§
V. § DALLAS COUNTY, TEXAS
§
REYNALDO BAUTISTA ET AL §
Defendant. §
116T" JUDICIAL DISTRICT
AGREED DISCOVERY CONTROL PLAN AND SCHEDULING ORDER
Pursuant to TEX. R. CIV. P. 190.4(a), in an effort to conduct the litigation of this cause
expeditiously and reasonably, the parties have agreed t0 and submitted the following Discovery
Control Plan and Scheduling Order. The Court, having considered the proposed deadline items and
the dates provided therefore, is ofthe opinion that this Discovery Control Plan and Scheduling Order
will promote the efficient use of judicial resources during the litigation of this cause and is in
compliance with TEX. R. CIV. P. 190.4(a). Having been agreed t0 by the parties in this case, the
Court isof the opinion that this Order should be entered and control the discovery and conduct in
this cause:
IT IS THEREFORE AGREED by the parties and ORDERED that the discovery and conduct
of this cause shall be governed by the following deadlines:
1. 04/06/20 Deadline to add new parties or designate responsible third parties. A party
may be added as a defendant up to 14 days after this deadline if that partywas
named as a responsible third party within l4 days prior to this deadline.
2. EXPERT WITNESS DESIGNATION. A11 experts shall be designated in
compliance with Rule 194.2(f). Retained experts shall also produce reports
by the folloWing dates:
07/21/20 Parties alleging claims for affirmative relief.
.
08/21/20 Parties opposing claims for affirmative relief.
AGREED DISCOVERY CONTROL PLAN AND SCHEDULING ORDER
Page- 1
CAUSE N0. DC-l9-16913
3. 9/2/20 SUPPLEMENTAL/AMENDED PLEADINGS. Counsel for all parties
shall file any amended or supplemental pleadings by this date. Pleadings
made in response to supplemental/amended pleadings may be made up to 14
days afier this deadline.
4. 9/17/20 MEDIATION DEADLINE. Mediation shall occur 0n or before this date
with a mediator Karen Gammon.
5. 10/19/20 DISCOVERY DEADLINE. All discovery shall be completed by this date.
Counsel may continue discovery beyond this deadline by agreement.
6' V 1°: (Q. ‘0 DISPOSITIVE MOTIONS. A11 dispositive motions, including motions for
summary judgment, shall be heard by this date.
7. 10.19 .10 DAUBERT/ROBINSON MOTIONS. Any obj ection or motion to exclude
or limit expert testimony due to qualification must be heard by this date, or
such objection is waived.
DEPOSITION DESIGNATIONS. Counsel shall exchange page and line
references for all deposition testimony to be offered in the case in chief 1A
days before trial.
DEPOSITION CROSS-DESIGNATIONS AND OBJECTIONS T0
DESIGNATIONS. Counsel shall exchange cross-designations ofpage and
line references 0f all deposition testimony to be used at trialseven g7) days
before trial.Counsel shall also provide a written statement ofpage and line
references to designations that are the subject of any evidentiary objections,
including the basis for the objections.
10. WITNESS LISTS. Counsel shall exchange their respective listof fact and
expert witness liststhat each intends to call at trial by 4:00 Em. the Friday
before trial.
11. EXHIBIT LISTS. Counsel shall exchange a listof exhibits that each
reasonably anticipates will be offered in evidence by 4:00 gm. the Friday
before trial. Counsel should stipulate insofar as possible to the authenticity
and admissibility of exhibits to be used at trial.
12. MOTIONS IN LIMINE. Counsel shall eixchange motions in limine by 4:00
pm. the Friday before trial.
13. JURY CHARGE. Each party shall serve on all other parties a proposedjury
charge, including questions, definitions, and instructions, by 4:00 gm. the
Friday before trial.
AGREED DISCOVERY CONTROL PLAN AND SCHEDULING ORDER
CAUSE N0. DC-l 9-1 69 13 Page-2
14. CONFERENCE ON OBJECTIONS. Counsel shall confer in good faith
in an attempt to resolve all objections to deposition designations and exhibits,
as well as to resolve disputed motions in limine filed by an opposing party.
Any objections not resolved by conference will be heard at the pretrial
conference.
15. TRIAL DATE: November 16, 2020.
Each side may have 50 hours of depositions and each party may have 25 interrogatories,
subject to the conditions 0f Rule l90.3(b)(2) and (3).
Any deadline contained in this Order, except for Trial Date, can be modified by written
consent of all the parties 0r by Order of the Court. A11 other procedural. deadlines shall be governed
by the Texas Rules of Civil Procedure.
SIGNED onthisthe LO; day ofJanuary, 2020.
GE ING
This case Is governed by the
COth's Policies -nd Procedures
and Dallas County Courts
AGREED: _ Local Ruoes, available at
www.dallascounty.org
/s/Walker M. Duke /s/ Fernando Martinez, Jr. (By Permission)
WALKER M. DUKE Fernando Martinez, Jr.
Counsel for Plaintiff Counsel for Defendant
Thin case Is afiwamad by the
Coart's Policies .. vd Procedures
and Dallas County Courts
Local Rules, available at
www.dallascounty.org
AG REED DISCOVERY CONTROL PLAN AND SCHEDULING ORDER
CAUSE N0. DC-l9-l69l3 Page-3
Document Filed Date
January 10, 2020
Case Filing Date
October 18, 2019
Category
MOTOR VEHICLE ACCIDENT
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CAUSE NO. DC-l9-16913 RODNEY BROWNN, § IN THE DISTRICT COURT Plaintiff, § § V. § DALLAS COUNTY, TEXAS § REYNALDO BAUTISTA ET AL § Defendant. § 116T" JUDICIAL DISTRICT AGREED DISCOVERY CONTROL PLAN AND SCHEDULING ORDER Pursuant to TEX. R. CIV. P. 190.4(a), in an effort to conduct the litigation of this cause expeditiously and reasonably, the parties have agreed t0 and submitted the following Discovery Control Plan and Scheduling Order. The Court, having considered the proposed deadline items and the dates provided therefore, is ofthe opinion that this Discovery Control Plan and Scheduling Order will promote the efficient use of judicial resources during the litigation of this cause and is in compliance with TEX. R. CIV. P. 190.4(a). Having been agreed t0 by the parties in this case, the Court isof the opinion that this Order should be entered and control the discovery and conduct in this cause: IT IS THEREFORE AGREED by the parties and ORDERED that the discovery and conduct of this cause shall be governed by the following deadlines: 1. 04/06/20 Deadline to add new parties or designate responsible third parties. A party may be added as a defendant up to 14 days after this deadline if that partywas named as a responsible third party within l4 days prior to this deadline. 2. EXPERT WITNESS DESIGNATION. A11 experts shall be designated in compliance with Rule 194.2(f). Retained experts shall also produce reports by the folloWing dates: 07/21/20 Parties alleging claims for affirmative relief. . 08/21/20 Parties opposing claims for affirmative relief. AGREED DISCOVERY CONTROL PLAN AND SCHEDULING ORDER Page- 1 CAUSE N0. DC-l9-16913 3. 9/2/20 SUPPLEMENTAL/AMENDED PLEADINGS. Counsel for all parties shall file any amended or supplemental pleadings by this date. Pleadings made in response to supplemental/amended pleadings may be made up to 14 days afier this deadline. 4. 9/17/20 MEDIATION DEADLINE. Mediation shall occur 0n or before this date with a mediator Karen Gammon. 5. 10/19/20 DISCOVERY DEADLINE. All discovery shall be completed by this date. Counsel may continue discovery beyond this deadline by agreement. 6' V 1°: (Q. ‘0 DISPOSITIVE MOTIONS. A11 dispositive motions, including motions for summary judgment, shall be heard by this date. 7. 10.19 .10 DAUBERT/ROBINSON MOTIONS. Any obj ection or motion to exclude or limit expert testimony due to qualification must be heard by this date, or such objection is waived. DEPOSITION DESIGNATIONS. Counsel shall exchange page and line references for all deposition testimony to be offered in the case in chief 1A days before trial. DEPOSITION CROSS-DESIGNATIONS AND OBJECTIONS T0 DESIGNATIONS. Counsel shall exchange cross-designations ofpage and line references 0f all deposition testimony to be used at trialseven g7) days before trial.Counsel shall also provide a written statement ofpage and line references to designations that are the subject of any evidentiary objections, including the basis for the objections. 10. WITNESS LISTS. Counsel shall exchange their respective listof fact and expert witness liststhat each intends to call at trial by 4:00 Em. the Friday before trial. 11. EXHIBIT LISTS. Counsel shall exchange a listof exhibits that each reasonably anticipates will be offered in evidence by 4:00 gm. the Friday before trial. Counsel should stipulate insofar as possible to the authenticity and admissibility of exhibits to be used at trial. 12. MOTIONS IN LIMINE. Counsel shall eixchange motions in limine by 4:00 pm. the Friday before trial. 13. JURY CHARGE. Each party shall serve on all other parties a proposedjury charge, including questions, definitions, and instructions, by 4:00 gm. the Friday before trial. AGREED DISCOVERY CONTROL PLAN AND SCHEDULING ORDER CAUSE N0. DC-l 9-1 69 13 Page-2 14. CONFERENCE ON OBJECTIONS. Counsel shall confer in good faith in an attempt to resolve all objections to deposition designations and exhibits, as well as to resolve disputed motions in limine filed by an opposing party. Any objections not resolved by conference will be heard at the pretrial conference. 15. TRIAL DATE: November 16, 2020. Each side may have 50 hours of depositions and each party may have 25 interrogatories, subject to the conditions 0f Rule l90.3(b)(2) and (3). Any deadline contained in this Order, except for Trial Date, can be modified by written consent of all the parties 0r by Order of the Court. A11 other procedural. deadlines shall be governed by the Texas Rules of Civil Procedure. SIGNED onthisthe LO; day ofJanuary, 2020. GE ING This case Is governed by the COth's Policies -nd Procedures and Dallas County Courts AGREED: _ Local Ruoes, available at www.dallascounty.org /s/Walker M. Duke /s/ Fernando Martinez, Jr. (By Permission) WALKER M. DUKE Fernando Martinez, Jr. Counsel for Plaintiff Counsel for Defendant Thin case Is afiwamad by the Coart's Policies .. vd Procedures and Dallas County Courts Local Rules, available at www.dallascounty.org AG REED DISCOVERY CONTROL PLAN AND SCHEDULING ORDER CAUSE N0. DC-l9-l69l3 Page-3