On September 06, 2017 a
Motion-Secondary
was filed
involving a dispute between
Hubbard, Patricia,
and
Luna, Leonardo,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
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CAUSE NO. DC-17-11588
PATRICIA HUBBARD § IN THE DISTRICT COURT
§
Plaintiff, §
§
v. § DALLAS COUNTY, TEXAS
§
LEONARDO LUNA §
§
Defendant. § 116TH JUDICIAL DISTRICT
AGREED SCHEDULING ORDER
In accordance with Rules 166, 190 and 192 of the Texas Rules of Civil Procedure, the Court
makes the following order to control discovery and the schedule of this cause:
(1) This case will be ready and is set for trial on November 12, 2018 (the "Trial
Setting") at 9:00 a.m. Reset or continuance of the Trial Setting will not alter any deadlines
established in this Order, except those set out in paragraph 7 of this Order, or established by the
Texas Rules of Civil Procedure, unless otherwise provided by order. If not reached as set, the
case may be carried to the next week.
(2) Unless otherwise ordered, discovery in this case will be controlled by:
• Rule 190.3 (Level 2) of the Texas Rules of Civil Procedure. Except by agreement
of the party, leave of court, or where expressly authorized by the Texas Rules of
Civil Procedure, no party may obtain discovery of information subject to
disclosure under Rule 194 by any other form of discovery.
(3) Any objection or motion to exclude or limit expert testimony due to qualification of
the expert or reliability of the opinions must be filed no later than seven (7) days after the close of the
discovery period, or such objection is waived. Any motion to compel responses to discovery
(other than relating to factual matters arising after the end of the discovery period) must be filed
AGREED SCHEDULING ORDER PAGE 1
no later than seven (7) days after the close of the discovery period or such complaint is waived,
except for the sanction of exclusion under Rule 193.6.
(4) Any amended pleadings asserting new causes of action or affirmative defenses must
be filed no later than thirty (30) days before the end of the discovery period and any other amended
pleadings must be filed no later than seven (7) days after the end of the discovery period.
Amended pleadings responsive to timely filed pleadings under this schedule may be filed after the
deadline for amended pleadings if filed within two (2) weeks after the pleadings to which they
respond.
(5) No additional parties may be joined more than five (5) months after the filing of
this case except on motion for leave showing good cause. This paragraph does not otherwise
alter the requirements of Rule 38. The party joining an additional party shall serve a copy of this
Order on the new party concurrently with the pleading joining that party.
(6) Fourteen (14) days before the Initial Trial Setting, the parties shall exchange a list
of exhibits, including any affidavits, and shall exchange copies of any exhibits not previously
produced in discovery; over-designation is strongly discouraged and may be sanctioned. Except for
records to be offered by way of business records affidavits, each exhibit must be identified
separately and not by category or group designation. Rule 193.7 applies to this designation. By
5:00 p.m. on the Thursday before the Trial Setting, the parties shall file with the Court the
materials stated in Rule 166(e)-(l), an estimate of the length of trial, designation of deposition
testimony to be offered in direct examination, and any motions in limine. Failure to file such
materials may result in dismissal for want of prosecution or other appropriate sanction.
AGREED SCHEDULING ORDER PAGE 2
SIGNED ON ________ day of ____________, 2017.
JUDGE PRESIDING
AGREED:
gam 7w?
_________________________ /s/ Rachel Wright (by permission)
___________________________
Jill Herz/Gordan Truong Rachel Wright
Attorneys for Plaintiff Attorney for Defendant
AGREED SCHEDULING ORDER PAGE 3
Document Filed Date
November 16, 2017
Case Filing Date
September 06, 2017
Category
MOTOR VEHICLE ACCIDENT
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CAUSE NO. DC-17-11588 PATRICIA HUBBARD § IN THE DISTRICT COURT § Plaintiff, § § v. § DALLAS COUNTY, TEXAS § LEONARDO LUNA § § Defendant. § 116TH JUDICIAL DISTRICT AGREED SCHEDULING ORDER In accordance with Rules 166, 190 and 192 of the Texas Rules of Civil Procedure, the Court makes the following order to control discovery and the schedule of this cause: (1) This case will be ready and is set for trial on November 12, 2018 (the "Trial Setting") at 9:00 a.m. Reset or continuance of the Trial Setting will not alter any deadlines established in this Order, except those set out in paragraph 7 of this Order, or established by the Texas Rules of Civil Procedure, unless otherwise provided by order. If not reached as set, the case may be carried to the next week. (2) Unless otherwise ordered, discovery in this case will be controlled by: • Rule 190.3 (Level 2) of the Texas Rules of Civil Procedure. Except by agreement of the party, leave of court, or where expressly authorized by the Texas Rules of Civil Procedure, no party may obtain discovery of information subject to disclosure under Rule 194 by any other form of discovery. (3) Any objection or motion to exclude or limit expert testimony due to qualification of the expert or reliability of the opinions must be filed no later than seven (7) days after the close of the discovery period, or such objection is waived. Any motion to compel responses to discovery (other than relating to factual matters arising after the end of the discovery period) must be filed AGREED SCHEDULING ORDER PAGE 1 no later than seven (7) days after the close of the discovery period or such complaint is waived, except for the sanction of exclusion under Rule 193.6. (4) Any amended pleadings asserting new causes of action or affirmative defenses must be filed no later than thirty (30) days before the end of the discovery period and any other amended pleadings must be filed no later than seven (7) days after the end of the discovery period. Amended pleadings responsive to timely filed pleadings under this schedule may be filed after the deadline for amended pleadings if filed within two (2) weeks after the pleadings to which they respond. (5) No additional parties may be joined more than five (5) months after the filing of this case except on motion for leave showing good cause. This paragraph does not otherwise alter the requirements of Rule 38. The party joining an additional party shall serve a copy of this Order on the new party concurrently with the pleading joining that party. (6) Fourteen (14) days before the Initial Trial Setting, the parties shall exchange a list of exhibits, including any affidavits, and shall exchange copies of any exhibits not previously produced in discovery; over-designation is strongly discouraged and may be sanctioned. Except for records to be offered by way of business records affidavits, each exhibit must be identified separately and not by category or group designation. Rule 193.7 applies to this designation. By 5:00 p.m. on the Thursday before the Trial Setting, the parties shall file with the Court the materials stated in Rule 166(e)-(l), an estimate of the length of trial, designation of deposition testimony to be offered in direct examination, and any motions in limine. Failure to file such materials may result in dismissal for want of prosecution or other appropriate sanction. AGREED SCHEDULING ORDER PAGE 2 SIGNED ON ________ day of ____________, 2017. JUDGE PRESIDING AGREED: gam 7w? _________________________ /s/ Rachel Wright (by permission) ___________________________ Jill Herz/Gordan Truong Rachel Wright Attorneys for Plaintiff Attorney for Defendant AGREED SCHEDULING ORDER PAGE 3