On December 27, 2018 a
Docket Control Order
was filed
involving a dispute between
Vinet, Terra,
and
Mckenzie, Colin Donald,
Mckenzie, Louise Margaret,
for Inj/Damage-Other Injury or Damage >$200,000
in the District Court of Montgomery County.
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CAUSE NO. 18-12-16948
TERRA VINET § IN THE DISTRICT COURT OF
RECEIVED AND FILED
vs. § FOR RECORD MONTGOMERY COUNTY, TEXAS
06/20/2019 AT 1:50 P.M.
LOUISE MARGARET MCKENZIE; § Melisa Miller, District Clerk 284TH JUDICIAL DISTRICT
COLIN DONALD MCKENZIE; BRENNON Montgomery County, Texas
VINET
DOCKET CONTROL ORDER
IT IS ORDERED that this Docket Control Order shall control the disposition of this matter; the Texas
Rules of Civil Procedure shall control in computing any period of time not addressed within this Order; and any
date that falls on a weekend or legal holiday (as determined by the Montgomery County Commissioners Court)
shall be moved to the first business day thereafter. IT IS ORDERED THAT THE PLAINTIFF MUST
IMMEDIATELY SEND A COPY OF THIS DOCKET CONTROL ORDER, BY A METHOD PRESCRIBED BY RULE
21a, TO EACH AND EVERY PARTY ANSWERING OR OTHERWISE APPEARING IN THIS CASE AFTER THE
DATE THIS ORDER IS SIGNED.
1. PLEADING DEADLINE: 150 DAYS BEFORE TRIAL
All amendments and supplements to pleadings must be filed by this date.
2. EXPERT WITNESS DESIGNATION:
A list shall be filed which includes each expert’s name, address, telephone number, the subject of the testimony,
and the opinions that will be proffered by each expert. Experts not listed in compliance with this paragraph
will not be permitted to testify absent a showing of an exception under Rule 193.6. A Rule 194 disclosure is
not a substitute for this filed designation.
(a) Parties seeking affirmative relief 150 DAYS BEFORE TRIAL
(b) All other parties 120 DAYS BEFORE TRIAL
3. DISCOVERY RESPONSES: 90 DAYS BEFORE TRIAL
By no later than this date, all written discovery responses must be due, all responses and supplements must be
completed, and all depositions must be completed, read, and signed.
4. EXPERT CHALLENGE HEARINGS: 75 DAYS BEFORE TRIAL
All challenges to expert witnesses must be set for a hearing to occur by this date. Failure to obtain such a hearing
is a waiver of any Rule 702 objection.
5. SUMMARY JUDGMENTS: 30 DAYS BEFORE TRIAL
All such motions shall be set for a submission docket which is no later than this date.
6. MOTIONS FOR CONTINUANCE: 15 DAYS BEFORE TRIAL
All motions for continuance of the Trial Date must be filed at least 15 days before the trial date, except in exigent
circumstances, and will be considered by the Court without necessity of submission if they are agreed.
7. JOINT NOTICE FILING: 14 DAYS BEFORE TRIAL
By this date, all parties must jointly fileone notice with the Court, stating (1) Are you ready for trial?; (2)
The estimated length of time for trial; (3) Whether there is a need for a Pre-Trial conference and why; and (4)
Whether there are any special needs or accommodations for the presentation of the case. If there is a
disagreement among the parties as to any of these items, the Joint Notice will state the positions of each of the
parties. The Court will review any request for Pre-Trial conference and will notify the parties if the Court grants a
Pre-Trial conference. THIS CASE MAY BE DISMISSED FOR WANT OF PROSECUTION ON OR
AFTER THIS JOINT NOTICE FILING DATE IF NO JOINT NOTICE IS FILED WITH THE COURT.
8. PRE-TRIAL MATERIALS: 14 DAYS BEFORE TRIAL
By no later than this date, all parties shall exchange with each other and file the following:
a. EXHIBIT LIST. All exhibits to be offered at trial shall be pre-marked and identified by exhibit number on
the list, with exhibits served on other parties, but not filed.
b. WITNESS LIST. All witnesses who are anticipated to be called to testify at trial, including all
experts shall be on the Witness List.
c. DEPOSITION EXCERPTS. All deposition excerpts that may be offered at trial in lieu of live
testimony shall be identified by specific designated pages and line numbers.
d. MOTIONS IN LIMINE. Motions In Limine should be specific to the case. The Court has a Standing
Order In Limine which will be used for every trial. Please do not duplicate the items which already
appear in the standing Order In Limine.
e. JURY CHARGE. If the trial is to a jury, a proposed jury charge shall be both filed and provided via
email to the Court Coordinator in MS Word Format.
f. FINDING OF FACT/CONCLUSIONS OF LAW. If the trial is to the bench, proposed findings of Fact
and Conclusions of Law shall be both filed and provided via email to the Court Coordinator in MS Word
Format.
9. PRE-TRIAL CONFERENCE THURSDAY BEFORE TRIAL
The Court will set pre-trial conferences based on the Court’s own motion or on request of the parties. The Court
will notice all Pre-Trial conferences. Only those parties notified by the Court shall appear.
10. TRIAL APRIL 20, 2020
This case is set for TRIAL on a two-week rolling docket beginning at 9:00 a.m. on the above date. If the case is
not assigned by the second Friday following this date, then the case will be reset. You are instructed to monitor
the Court’s website to determine at what date and time you should appear:
https://www.mctx.org/departments/departments_d_-_f/district_courts/284th_district_court/trial_line-up.php
All pre-trial matters will be heard on the Trial Date just before the trial begins, unless notified by the Court to
appear at the Pre-Trial conference. If the parties believe more than 1 hour will be needed, then please contact the
Court Coordinator.
Prior to the commencement of trial on the morning of the Trial Date, the attorneys shall confer to identify those
exhibits to which admissibility may be stipulated. All exhibits which all parties agree to admit shall be admitted
into evidence as a first order of business.
UNLESS OTHERWISE ORDERED BY THE COURT, THE FOREGOING DATES AS CALCULATED FROM
THE TRIAL DATE STATED HEREIN REMAIN THE APPLICABLE DEADLINES FOR THIS CASE EVEN IF
THE TRIAL DATE IS RESET AND REGARDLESS OF THE REASON FOR ANY RESET.
Signed on this the 20th day of June, 2019
_________________________________
KRISTIN BAYS, JUDGE PRESIDING
284th JUDICIAL DISTRICT COURT
Emailed to: bbeers@beerslaw.net; rweaver@weaverlawyers.com
Document Filed Date
June 20, 2019
Case Filing Date
December 27, 2018
Category
Inj/Damage-Other Injury or Damage >$200,000
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CAUSE NO. 18-12-16948 TERRA VINET § IN THE DISTRICT COURT OF RECEIVED AND FILED vs. § FOR RECORD MONTGOMERY COUNTY, TEXAS 06/20/2019 AT 1:50 P.M. LOUISE MARGARET MCKENZIE; § Melisa Miller, District Clerk 284TH JUDICIAL DISTRICT COLIN DONALD MCKENZIE; BRENNON Montgomery County, Texas VINET DOCKET CONTROL ORDER IT IS ORDERED that this Docket Control Order shall control the disposition of this matter; the Texas Rules of Civil Procedure shall control in computing any period of time not addressed within this Order; and any date that falls on a weekend or legal holiday (as determined by the Montgomery County Commissioners Court) shall be moved to the first business day thereafter. IT IS ORDERED THAT THE PLAINTIFF MUST IMMEDIATELY SEND A COPY OF THIS DOCKET CONTROL ORDER, BY A METHOD PRESCRIBED BY RULE 21a, TO EACH AND EVERY PARTY ANSWERING OR OTHERWISE APPEARING IN THIS CASE AFTER THE DATE THIS ORDER IS SIGNED. 1. PLEADING DEADLINE: 150 DAYS BEFORE TRIAL All amendments and supplements to pleadings must be filed by this date. 2. EXPERT WITNESS DESIGNATION: A list shall be filed which includes each expert’s name, address, telephone number, the subject of the testimony, and the opinions that will be proffered by each expert. Experts not listed in compliance with this paragraph will not be permitted to testify absent a showing of an exception under Rule 193.6. A Rule 194 disclosure is not a substitute for this filed designation. (a) Parties seeking affirmative relief 150 DAYS BEFORE TRIAL (b) All other parties 120 DAYS BEFORE TRIAL 3. DISCOVERY RESPONSES: 90 DAYS BEFORE TRIAL By no later than this date, all written discovery responses must be due, all responses and supplements must be completed, and all depositions must be completed, read, and signed. 4. EXPERT CHALLENGE HEARINGS: 75 DAYS BEFORE TRIAL All challenges to expert witnesses must be set for a hearing to occur by this date. Failure to obtain such a hearing is a waiver of any Rule 702 objection. 5. SUMMARY JUDGMENTS: 30 DAYS BEFORE TRIAL All such motions shall be set for a submission docket which is no later than this date. 6. MOTIONS FOR CONTINUANCE: 15 DAYS BEFORE TRIAL All motions for continuance of the Trial Date must be filed at least 15 days before the trial date, except in exigent circumstances, and will be considered by the Court without necessity of submission if they are agreed. 7. JOINT NOTICE FILING: 14 DAYS BEFORE TRIAL By this date, all parties must jointly fileone notice with the Court, stating (1) Are you ready for trial?; (2) The estimated length of time for trial; (3) Whether there is a need for a Pre-Trial conference and why; and (4) Whether there are any special needs or accommodations for the presentation of the case. If there is a disagreement among the parties as to any of these items, the Joint Notice will state the positions of each of the parties. The Court will review any request for Pre-Trial conference and will notify the parties if the Court grants a Pre-Trial conference. THIS CASE MAY BE DISMISSED FOR WANT OF PROSECUTION ON OR AFTER THIS JOINT NOTICE FILING DATE IF NO JOINT NOTICE IS FILED WITH THE COURT. 8. PRE-TRIAL MATERIALS: 14 DAYS BEFORE TRIAL By no later than this date, all parties shall exchange with each other and file the following: a. EXHIBIT LIST. All exhibits to be offered at trial shall be pre-marked and identified by exhibit number on the list, with exhibits served on other parties, but not filed. b. WITNESS LIST. All witnesses who are anticipated to be called to testify at trial, including all experts shall be on the Witness List. c. DEPOSITION EXCERPTS. All deposition excerpts that may be offered at trial in lieu of live testimony shall be identified by specific designated pages and line numbers. d. MOTIONS IN LIMINE. Motions In Limine should be specific to the case. The Court has a Standing Order In Limine which will be used for every trial. Please do not duplicate the items which already appear in the standing Order In Limine. e. JURY CHARGE. If the trial is to a jury, a proposed jury charge shall be both filed and provided via email to the Court Coordinator in MS Word Format. f. FINDING OF FACT/CONCLUSIONS OF LAW. If the trial is to the bench, proposed findings of Fact and Conclusions of Law shall be both filed and provided via email to the Court Coordinator in MS Word Format. 9. PRE-TRIAL CONFERENCE THURSDAY BEFORE TRIAL The Court will set pre-trial conferences based on the Court’s own motion or on request of the parties. The Court will notice all Pre-Trial conferences. Only those parties notified by the Court shall appear. 10. TRIAL APRIL 20, 2020 This case is set for TRIAL on a two-week rolling docket beginning at 9:00 a.m. on the above date. If the case is not assigned by the second Friday following this date, then the case will be reset. You are instructed to monitor the Court’s website to determine at what date and time you should appear: https://www.mctx.org/departments/departments_d_-_f/district_courts/284th_district_court/trial_line-up.php All pre-trial matters will be heard on the Trial Date just before the trial begins, unless notified by the Court to appear at the Pre-Trial conference. If the parties believe more than 1 hour will be needed, then please contact the Court Coordinator. Prior to the commencement of trial on the morning of the Trial Date, the attorneys shall confer to identify those exhibits to which admissibility may be stipulated. All exhibits which all parties agree to admit shall be admitted into evidence as a first order of business. UNLESS OTHERWISE ORDERED BY THE COURT, THE FOREGOING DATES AS CALCULATED FROM THE TRIAL DATE STATED HEREIN REMAIN THE APPLICABLE DEADLINES FOR THIS CASE EVEN IF THE TRIAL DATE IS RESET AND REGARDLESS OF THE REASON FOR ANY RESET. Signed on this the 20th day of June, 2019 _________________________________ KRISTIN BAYS, JUDGE PRESIDING 284th JUDICIAL DISTRICT COURT Emailed to: bbeers@beerslaw.net; rweaver@weaverlawyers.com