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CAUSE NO. DC-16-07608
JULIE DELORME, Individually and as IN THE DISTRICT COURT OF
Representative of the ESTATE OF DALE
NEIBAUR; CYNTHIA JANE
RUTHENBERG, Individually and as
Representative of the ESTATE OF KYLE
MATHERS; HANNAH GALBRAITH;
KEVN DICICCO; JEFF NOVAK and
LAURA SIEDERS, Individually and as
Representatives of the ESTATE OF
HOLLY NOVAK;
Plaintiffs,
@Wbmwmmmmmmmmmmmmmmmwmww
V. DALLAS COUNTY, TEXAS
OLD DOMINION FREIGHT LINE, INC.;
CALVIN EUGENE LUCKEY; AND
JOHN DOE, as Representative of the
ESTATE OF KENNETH GORDON
FRAZIER
Defendants. RD
193 JUDICIAL DISTRICT
MOTION FOR ENTRY 0F A SCHEDULING ORDER
NOW COMES Old Dominion Freight Line, Inc. and Calvin Luckey, two Defendants in
the above styled and numbered cause, and files this its Motion for Entry of a Scheduling Order
and in support thereof would respectfully show the court the following:
1.
At the Court’s hearing on Defendants Old Dominion and Calvin Luckey’s Motion to
Compel Depositions, the court continued this case until October 16, 2018, and instructed the
parties to enter into a new scheduling order. The parties have conferred, but have been unable t0
agree on dates for each deadline referenced in the proposed scheduling order. Attached hereto as
Exhibit “A” is Defendant Old Dominion and Calvin Luckey’s proposed scheduling order. The
parties have generally been able t0 agree to many of the deadlines, but remain opposed on the
dispositive motion deadline, pleadings deadline, and potentially other deadlines that in
fall July
Doc# 66B2089.DOCX
MOTION FOR ENTRY OF A SCHEDULING ORDER
PAGE 1
2018, as Plaintiff counsel, Frank Branson and Chip Brooker have indicated they will be in trial
almost the entire month. In an effort t0 reach an agreement on all deadlines, Defendants Old
Dominion and Calvin Luckey have moved these deadlines either earlier, or later to
accommodate.
Because 0f the multiple patties involved herein and t0 facilitate the efficient and
expedient scheduling and management of discovery in this matter, the Defendant requests that
the Court enter the scheduling order attached hereto as Exhibit “A,” 0r set this matter for hearing
to finalize pre-trial deadlines for this matter.
WHEREFORE, PREMISES CONSIDERED, Defendants, Old Dominion Freight Line,
Inc. and Calvin Luckey, hereby requests that this Court grant Motion
its for Scheduling Order,
and enter the scheduling order attached as Exhibit “A,” 0r alternatively set this matter for a
hearing and allow the court to consider the issues presented in this motion, and for such other
and further relief, general or special, at law or in equity, to Which Defendants may be justly
entitled.
Respectfillly submitted,
NAMAN, HOWELL, SMITH & LEE, PLLC
83 1 O Capital 0f Texas Highway North, Suite 490
Austin, Texas 78731
(512) 479—0300
(512) 807-2453
FAX (512) 474-1901
gwaWU/g
BY:
P. Clark Aspy
State Bar N0. 01394170
aspyéfinamanhowell‘com
Shane O’Dell
State Bar No. 24065835
sode} l @namanhowell .COm
ATTORNEYS FOR DEFENDANTS,
OLD DOMINION FREIGHT LINE,
INC. AND CALVIN LUCKEY
Doc# 66B2089.DOCX
MOTION FOR ENTRY OF A SCHEDULING ORDER
PAGE 2
CERTIFICATE OF SERVICE
This certifies that on April 16, 2018, a true and correct copy of the foregoing was served as
follows:
Cbl'ooker‘gtbflbranson£0m
fbransongté‘ ibranson com
.
kiewisg’wfbranson.601:;
Chip Brooker / Frank Branson / Kern Lewis
The Law Offices of Frank Branson, PC
Highland Park Place
4514 Cole Avenue, 18th Floor
Dallas, Texas 75205
dham’cfiTheHaHLawFim}.Com
David Hart
The Hart Law Firm, PC
6620 Colleyville B1vd., Suite 100
Colleyville, Texas 76034
Richard/aJStuckyIaw303Q
Richard Stucky
12700 Park Central Drive, Suite 1900
Dallas, Texas 75251
mgr-finmtflrenwickiawxmm
Malcolm Renwick
Renwick & Associates, P.C.
4100 International Pkwy., Ste. 1155
Carrollton, TX 75007
@MWJE
P. Clark Aspy
Michael Shane O’Dell
CERTIFICATE OF CONFERENCE
Counsel for movant and counsel for respondent have personally conducted a conference
at which these was substantive discussion of every item presented to the Court in
this Motion and
despite best efforts the counsel have not been able to resolve those
matters presented.
P. Clark Aspy
Michael Shane O’Dell
D0c# 6632089.DOCX
MOTION FOR ENTRY OF A SCHEDULING ORDER
PAGE 3
CAUSE NO. DC—16-07608
JULIE DELORME, Individually and as IN THE DISTRICT COURT OF
Representative of the ESTATE OF DALE
NEIBAUR; CYNTHIA JANE
RUTHENBERG, Individually and as
Representative 0f the ESTATE OF KYLE
MATHERS; HANNAH GALBRAITH;
KEVN DICICCO; JEFF NOVAK and
LAURA SIEDERS, Individually and as
Representatives 0f the ESTATE OF
HOLLY NOVAK;
Plaintiffs, mflmwmmmmmmwmmmmmmmmmm’mm
V. DALLAS COUNTY, TEXAS
OLD DOMINION FREIGHT LINE, INC.;
CALVIN EUGENE LUCKEY; AND
JOHN DOE, as Representative 0f the
ESTATE OF KENNETH GORDON
FRAZIER
Defendants. 193R” JUDICIAL DISTRICT
AGREED SECOND AMENDED LEVEL 3 SCHEDULING ORDER
The following Agreed Second Amended Level 3 Scheduling Order shall apply t0 this
case:
A jury trial is hereby specially set for Tuesday, October 16, 2018 at 8:30 a.m.
The Court hereby ORDERS all parties t0 abide by the following deadlines in connection
with this jury trial setting. The parties may alter any 0f the deadlines contained hereinhexcept
for the trial date—«by written agreement.
1. DISCOVERY: A11 discovery shall be completed by September 15, 2018. Written
discovery requests must be served in such a mannerwat least 30 days prior t0 the discovery
deadline——t0 be due n0 later than this date. Any motion to compel responses to discovery (other
than relating to factual matters arising after the end 0f discovery) must be filed no later than
September 15, 2018, 0r such complaint is waived, except for the sanction 0f exclusion under
rule 193.6.
2. DISPOSITIVE MOTIONS: The deadline file all dispositive motions and request a
hearing is June 29, 2018.
D0c# 65S7722-2ND AMENDED SCHEDULING ORDER -
TRIAL 10 l6 2018.DOCX EXHIBIT
AGREED SECOND AMENDED LEVEL 3 SCHEDULING ORDER
3. AMEND PLEADINGS: The deadline for Plaintiffs and Intervenors t0 file amended
pleadings is June 1, 2018. The deadline to Defendants to file amended pleadings is June 14,
2018.
4. CHALLENGES T0 EXPERT WITNESSES: The deadline to file and a request a
hearing on any objection 0r motion t0 exclude 0r limit retained expert testimony due t0
qualifications of the expert 0r reliability 0fthe expert’s Opinion is August 31, 2018.
5. PRETRIAL MATERIALS: No later than September 28, 2018, the parties shall
exchange designations of deposition testimony, witness and a list of exhibits,
lists, including any
affidavits and copies 0f exhibits not previously produced in discovery. This does not include
demonstrative exhibits. Over-designation strongly discouraged
is and may be sanctioned.
Except for records to be offered by way of business record affidavits, each exhibit must be
identified separately and not by category 0r group designation. Texas Rule 0f Civil Procedure
193.7 applies t0 any designation made pursuant to this paragraph.
6. OTHER PRETRIAL MATERIALS: No later than October 2, 2018, the parties shall
file with the Court the materials stated in Texas Rule ofCiVil Procedure 166(0-(1), an estimate 0f
the length of trial, cross-designations 0f deposition testimony, and any motions in limine.
7. PRETRIAL CONFERENCE: No later than October 5, 2018, the attorneys for all
parties shall confer and seek to reach agreement 0n matters t0 be submitted to 0r determined by
the Court in the trial or any pretrial hearing in this case, including motions in limine, stipulations,
the admissibility of exhibits and deposition testimony, and such other matters 0n which
agreement may expedite the trial 0f the case. The parties should attempt t0 maximize agreement
0n all
8. OBJECTIONS: No later than October 9, 2018, the parties shall file written
objections t0 the opposing parties” exhibits and deposition designations.
9. PRETRIAL HEARING: On October 10, 2018, the parties will meet with the Court
for a pretrial hearing t0 decide all motions t0 exclude, objections to exhibits and deposition
designations, and other pretrial or housekeeping issues.
Signed on this day oprril, 2018.
The Honorable Judge Presiding
D0c# 65$7722-2ND AMENDED SCHEDULING ORDER —
TRIAL 10 1620] 8.DOCX
AGREED SECOND AMENDED LEVEL 3 SCHEDULING ORDER
Page 2
AGREED AS T0 FORM
AND ENTRY REQUESTED
THE LAW OFFICES 0F Richard A. Stucky, P.C.
FRANK L. BRANSON, P.C. Texas Bar No. 24041986
12700 Park Central Drive, Suite 1900
BY: Dallas, Texas 75251
Frank L. Branson 214.452. 1 190 [Telephone]
Texas Bar No. 02899000 wmléiéfiiggkxia235wz33.
flbransonéflflbranson. com
Eugene A. “Chip” Brooker, Jr. BY:
Texas Bar N0. 24045558 Richard Stucky
cbrooker@flbrans0n. com
ATTORNEY FOR INTERVENOR
Highland Park Place RICH MATHERS
45 14 Cole Avenue, 18th Floor
Dallas, Texas 75205 NAMAN, HOWELL, SMITH & PLLC
LEE,
2 1 4.522.0200 [Telephone] 8310 Capital of Texas Highway North #490
214.521 .5485 [Facsimile] Austin, Texas 7873]
(512) 479-0300
ATTORNEYS FOR PLAINTIFFS, FAX (512) 474-1901
JULIE DELORME, INDIVIDUALLY ulna: QLHHEHEEW
AND AS REPRESENTATIVE OF THE
ESTATE OF DALE NEIBAUR,
CYNTHIA JANE RUTHENBERG, BY:
INDIVIDUALLY AND AS P. Clark Aspy
REPRESENTATIE 0V THE ESTATE State Bar No. 01394170
OF KYLE MATHERS, Hannah Shane O’Dell
Galbraith, Kevin DiCicco AND JEFF State Bar No. 24065835
NOVAK
ATTORNEYS FOR DEFENDANT, OLD
The Hart Law Firm, PC DOMINION FREIGHT, INC.
6620 Colleyville B1vd., Suite 100
Colleyville, Texas 76034 Renwick & Associates, P.C.
(817) 329—7020 6404 International Pkwy., Ste. 2030
FAX (817) 329-7021 Plano, TX 75093
dhartr'cgi'E”i1c§
2m? ,gmifirm .cum
f
972-820—9595 -
Telephone
972-820-9696 ——
Facsimile
BY: m 21% f3 rm rcnwi ck km 120m
{€57
David Hart
BY:
ATTORNEY FOR PLAINTIFF, LAURA Malcolm Renwick
SIEDERS, Individually and as ATTORNEYS FOR STEVE SHIPP, AS
Representative of the Estate of Holly THE COURT APPOINTED
Novak ADMINISTRATOR FOR THE Estate Of
Kenneth Frazier
Doc# 65S7722—2ND AMENDED SCHEDULING ORDER -
TRIAL IO 16 2018.DOCX
AGREED SECOND AMENDED LEVEL 3 SCHEDULING ORDER
Page 3
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CAUSE NO. DC-16-07608 JULIE DELORME, Individually and as IN THE DISTRICT COURT OF Representative of the ESTATE OF DALE NEIBAUR; CYNTHIA JANE RUTHENBERG, Individually and as Representative of the ESTATE OF KYLE MATHERS; HANNAH GALBRAITH; KEVN DICICCO; JEFF NOVAK and LAURA SIEDERS, Individually and as Representatives of the ESTATE OF HOLLY NOVAK; Plaintiffs, @Wbmwmmmmmmmmmmmmmmmwmww V. DALLAS COUNTY, TEXAS OLD DOMINION FREIGHT LINE, INC.; CALVIN EUGENE LUCKEY; AND JOHN DOE, as Representative of the ESTATE OF KENNETH GORDON FRAZIER Defendants. RD 193 JUDICIAL DISTRICT MOTION FOR ENTRY 0F A SCHEDULING ORDER NOW COMES Old Dominion Freight Line, Inc. and Calvin Luckey, two Defendants in the above styled and numbered cause, and files this its Motion for Entry of a Scheduling Order and in support thereof would respectfully show the court the following: 1. At the Court’s hearing on Defendants Old Dominion and Calvin Luckey’s Motion to Compel Depositions, the court continued this case until October 16, 2018, and instructed the parties to enter into a new scheduling order. The parties have conferred, but have been unable t0 agree on dates for each deadline referenced in the proposed scheduling order. Attached hereto as Exhibit “A” is Defendant Old Dominion and Calvin Luckey’s proposed scheduling order. The parties have generally been able t0 agree to many of the deadlines, but remain opposed on the dispositive motion deadline, pleadings deadline, and potentially other deadlines that in fall July Doc# 66B2089.DOCX MOTION FOR ENTRY OF A SCHEDULING ORDER PAGE 1 2018, as Plaintiff counsel, Frank Branson and Chip Brooker have indicated they will be in trial almost the entire month. In an effort t0 reach an agreement on all deadlines, Defendants Old Dominion and Calvin Luckey have moved these deadlines either earlier, or later to accommodate. Because 0f the multiple patties involved herein and t0 facilitate the efficient and expedient scheduling and management of discovery in this matter, the Defendant requests that the Court enter the scheduling order attached hereto as Exhibit “A,” 0r set this matter for hearing to finalize pre-trial deadlines for this matter. WHEREFORE, PREMISES CONSIDERED, Defendants, Old Dominion Freight Line, Inc. and Calvin Luckey, hereby requests that this Court grant Motion its for Scheduling Order, and enter the scheduling order attached as Exhibit “A,” 0r alternatively set this matter for a hearing and allow the court to consider the issues presented in this motion, and for such other and further relief, general or special, at law or in equity, to Which Defendants may be justly entitled. Respectfillly submitted, NAMAN, HOWELL, SMITH & LEE, PLLC 83 1 O Capital 0f Texas Highway North, Suite 490 Austin, Texas 78731 (512) 479—0300 (512) 807-2453 FAX (512) 474-1901 gwaWU/g BY: P. Clark Aspy State Bar N0. 01394170 aspyéfinamanhowell‘com Shane O’Dell State Bar No. 24065835 sode} l @namanhowell .COm ATTORNEYS FOR DEFENDANTS, OLD DOMINION FREIGHT LINE, INC. AND CALVIN LUCKEY Doc# 66B2089.DOCX MOTION FOR ENTRY OF A SCHEDULING ORDER PAGE 2 CERTIFICATE OF SERVICE This certifies that on April 16, 2018, a true and correct copy of the foregoing was served as follows: Cbl'ooker‘gtbflbranson£0m fbransongté‘ ibranson com . kiewisg’wfbranson.601:; Chip Brooker / Frank Branson / Kern Lewis The Law Offices of Frank Branson, PC Highland Park Place 4514 Cole Avenue, 18th Floor Dallas, Texas 75205 dham’cfiTheHaHLawFim}.Com David Hart The Hart Law Firm, PC 6620 Colleyville B1vd., Suite 100 Colleyville, Texas 76034 Richard/aJStuckyIaw303Q Richard Stucky 12700 Park Central Drive, Suite 1900 Dallas, Texas 75251 mgr-finmtflrenwickiawxmm Malcolm Renwick Renwick & Associates, P.C. 4100 International Pkwy., Ste. 1155 Carrollton, TX 75007 @MWJE P. Clark Aspy Michael Shane O’Dell CERTIFICATE OF CONFERENCE Counsel for movant and counsel for respondent have personally conducted a conference at which these was substantive discussion of every item presented to the Court in this Motion and despite best efforts the counsel have not been able to resolve those matters presented. P. Clark Aspy Michael Shane O’Dell D0c# 6632089.DOCX MOTION FOR ENTRY OF A SCHEDULING ORDER PAGE 3 CAUSE NO. DC—16-07608 JULIE DELORME, Individually and as IN THE DISTRICT COURT OF Representative of the ESTATE OF DALE NEIBAUR; CYNTHIA JANE RUTHENBERG, Individually and as Representative 0f the ESTATE OF KYLE MATHERS; HANNAH GALBRAITH; KEVN DICICCO; JEFF NOVAK and LAURA SIEDERS, Individually and as Representatives 0f the ESTATE OF HOLLY NOVAK; Plaintiffs, mflmwmmmmmmwmmmmmmmmmm’mm V. DALLAS COUNTY, TEXAS OLD DOMINION FREIGHT LINE, INC.; CALVIN EUGENE LUCKEY; AND JOHN DOE, as Representative 0f the ESTATE OF KENNETH GORDON FRAZIER Defendants. 193R” JUDICIAL DISTRICT AGREED SECOND AMENDED LEVEL 3 SCHEDULING ORDER The following Agreed Second Amended Level 3 Scheduling Order shall apply t0 this case: A jury trial is hereby specially set for Tuesday, October 16, 2018 at 8:30 a.m. The Court hereby ORDERS all parties t0 abide by the following deadlines in connection with this jury trial setting. The parties may alter any 0f the deadlines contained hereinhexcept for the trial date—«by written agreement. 1. DISCOVERY: A11 discovery shall be completed by September 15, 2018. Written discovery requests must be served in such a mannerwat least 30 days prior t0 the discovery deadline——t0 be due n0 later than this date. Any motion to compel responses to discovery (other than relating to factual matters arising after the end 0f discovery) must be filed no later than September 15, 2018, 0r such complaint is waived, except for the sanction 0f exclusion under rule 193.6. 2. DISPOSITIVE MOTIONS: The deadline file all dispositive motions and request a hearing is June 29, 2018. D0c# 65S7722-2ND AMENDED SCHEDULING ORDER - TRIAL 10 l6 2018.DOCX EXHIBIT AGREED SECOND AMENDED LEVEL 3 SCHEDULING ORDER 3. AMEND PLEADINGS: The deadline for Plaintiffs and Intervenors t0 file amended pleadings is June 1, 2018. The deadline to Defendants to file amended pleadings is June 14, 2018. 4. CHALLENGES T0 EXPERT WITNESSES: The deadline to file and a request a hearing on any objection 0r motion t0 exclude 0r limit retained expert testimony due t0 qualifications of the expert 0r reliability 0fthe expert’s Opinion is August 31, 2018. 5. PRETRIAL MATERIALS: No later than September 28, 2018, the parties shall exchange designations of deposition testimony, witness and a list of exhibits, lists, including any affidavits and copies 0f exhibits not previously produced in discovery. This does not include demonstrative exhibits. Over-designation strongly discouraged is and may be sanctioned. Except for records to be offered by way of business record affidavits, each exhibit must be identified separately and not by category 0r group designation. Texas Rule 0f Civil Procedure 193.7 applies t0 any designation made pursuant to this paragraph. 6. OTHER PRETRIAL MATERIALS: No later than October 2, 2018, the parties shall file with the Court the materials stated in Texas Rule ofCiVil Procedure 166(0-(1), an estimate 0f the length of trial, cross-designations 0f deposition testimony, and any motions in limine. 7. PRETRIAL CONFERENCE: No later than October 5, 2018, the attorneys for all parties shall confer and seek to reach agreement 0n matters t0 be submitted to 0r determined by the Court in the trial or any pretrial hearing in this case, including motions in limine, stipulations, the admissibility of exhibits and deposition testimony, and such other matters 0n which agreement may expedite the trial 0f the case. The parties should attempt t0 maximize agreement 0n all 8. OBJECTIONS: No later than October 9, 2018, the parties shall file written objections t0 the opposing parties” exhibits and deposition designations. 9. PRETRIAL HEARING: On October 10, 2018, the parties will meet with the Court for a pretrial hearing t0 decide all motions t0 exclude, objections to exhibits and deposition designations, and other pretrial or housekeeping issues. Signed on this day oprril, 2018. The Honorable Judge Presiding D0c# 65$7722-2ND AMENDED SCHEDULING ORDER — TRIAL 10 1620] 8.DOCX AGREED SECOND AMENDED LEVEL 3 SCHEDULING ORDER Page 2 AGREED AS T0 FORM AND ENTRY REQUESTED THE LAW OFFICES 0F Richard A. Stucky, P.C. FRANK L. BRANSON, P.C. Texas Bar No. 24041986 12700 Park Central Drive, Suite 1900 BY: Dallas, Texas 75251 Frank L. Branson 214.452. 1 190 [Telephone] Texas Bar No. 02899000 wmléiéfiiggkxia235wz33. flbransonéflflbranson. com Eugene A. “Chip” Brooker, Jr. BY: Texas Bar N0. 24045558 Richard Stucky cbrooker@flbrans0n. com ATTORNEY FOR INTERVENOR Highland Park Place RICH MATHERS 45 14 Cole Avenue, 18th Floor Dallas, Texas 75205 NAMAN, HOWELL, SMITH & PLLC LEE, 2 1 4.522.0200 [Telephone] 8310 Capital of Texas Highway North #490 214.521 .5485 [Facsimile] Austin, Texas 7873] (512) 479-0300 ATTORNEYS FOR PLAINTIFFS, FAX (512) 474-1901 JULIE DELORME, INDIVIDUALLY ulna: QLHHEHEEW AND AS REPRESENTATIVE OF THE ESTATE OF DALE NEIBAUR, CYNTHIA JANE RUTHENBERG, BY: INDIVIDUALLY AND AS P. Clark Aspy REPRESENTATIE 0V THE ESTATE State Bar No. 01394170 OF KYLE MATHERS, Hannah Shane O’Dell Galbraith, Kevin DiCicco AND JEFF State Bar No. 24065835 NOVAK ATTORNEYS FOR DEFENDANT, OLD The Hart Law Firm, PC DOMINION FREIGHT, INC. 6620 Colleyville B1vd., Suite 100 Colleyville, Texas 76034 Renwick & Associates, P.C. (817) 329—7020 6404 International Pkwy., Ste. 2030 FAX (817) 329-7021 Plano, TX 75093 dhartr'cgi'E”i1c§ 2m? ,gmifirm .cum f 972-820—9595 - Telephone 972-820-9696 —— Facsimile BY: m 21% f3 rm rcnwi ck km 120m {€57 David Hart BY: ATTORNEY FOR PLAINTIFF, LAURA Malcolm Renwick SIEDERS, Individually and as ATTORNEYS FOR STEVE SHIPP, AS Representative of the Estate of Holly THE COURT APPOINTED Novak ADMINISTRATOR FOR THE Estate Of Kenneth Frazier Doc# 65S7722—2ND AMENDED SCHEDULING ORDER - TRIAL IO 16 2018.DOCX AGREED SECOND AMENDED LEVEL 3 SCHEDULING ORDER Page 3