On July 20, 2017 a
Proposed Amended Docket Control Order
was filed
involving a dispute between
Ace Property & Casualty Insurance Company,
Total Petrochemicals & Refining Usa Inc,
and
Kinder Morgan Petcoke Gp Llc,
Kinder Morgan Petcoke Lp,
for Insurance
in the District Court of Harris County.
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CAUSE NO: 2017-48075
TOTAL PETROCHEMICALS & § IN THE DISTRICT COURT OF
REFINING USA, INC. AND ACE §
PROPERTY & CASUALTY §
INSURANCE COMPANY §
§ HARRIS COUNTY, TEXAS
VS. §
§
KINDER MORGAN PETCOKE, LP §
AND KINDER MORGAN PETCOKE §
LLC § 164TH JUDICIAL DISTRICT
AMENDED DOCKET CONTROL ORDER
The following docket control order shall apply to this case unless modified by the court. If
no date is given below, the item is governed by the TEXAS ULES OF IVIL ROCEDURE.
1. EXPERT WITNESS DESIGNATION. Expert witness designations are required
and must be served by the following dates. The designation must include the
information listed in Rule 194.2(f). Failure to timely respond will be governed by
Rule 193.6.
(a) 07/09/19 Experts for parties seeking affirmative relief.
(b) 08/09/19 All other experts.
. STATUS CONFERENCE. Parties shall be prepared to discuss all aspects of the
case, including ADR, with the court on this date. TIME;
Failure to appear will be grounds for dismissal for want of prosecution.
3. DISCOVERY LIMITATIONS. The discovery limitation of Rule 190.2, if
applicable, or otherwise or Rule 190.3 apply unless changed below:
(a) Total hours per side for oral depositions.
(b) Number of interrogatories that may be served by each party on any other party
4. ALTERNATIVE DISPUTE RESOLUTION
(a) By this date the parties must either (1) file an agreement for ADR stating the form of
ADR requested and the name of an agreed mediator, ifapplicable; or (2) set an
objection to ADR. If no agreement or objection is filed, the court may sign an ADR
order.
4828-9632-9350.1
(b) ADR Conducted pursuant to the agreement of the parties must be completed by this
date.
5. 09/09/19 DISCOVERY PERIOD ENDS. All discovery must be conducted before the end of
the discovery period. Parties seeking discovery must serve the request sufficiently
far in advance of the end of the discovery period that the deadline for responding will
be within the discovery period. Counsel may conduct discovery beyond this deadline
by agreement. Incomplete discovery will not delay the trial.
6. DISPOSITIVE MOTIONS AND PLEAS. Must be set for hearing or submission
as follows:
(a) If subject to an interlocutory appeal, dispositive motions or pleas must be heard by
this date.
(b) 10/04/19 Summary judgment motions not subject to an interlocutory appeal must be heard by this
date.
(c) Rule 166a(i) motions may not be set before this date.
7. CHALLENGES TO EXPERT TESTIMONY. All motions to exclude expert
testimony and evidentiary challenges to expert testimony must be filed by this date,
unless extended by leave of court.
8. 10/04/19 PLEADINGS. All amendments and supplements must be filed by this date. This
order does not preclude prompt filing of pleadings directly responsive to any timely
filed pleadings.
9. 11/04/19 TRIAL. If not assigned by the second Friday following this date, the case will be
reset.
SIGNED on ______________________________, 2019.
____________________________________
ALEXANDRA SMOOTS-THOMAS
JUDGE, 164TH JUDICIAL DISTRICT
4828-9632-9350.1
CLARK HILL STRASBURGER
/s/ Jack G. Carnegie
Jack G. Carnegie
Texas Bar No. 03826100
909 Fannin, Suite 2300
Houston, Texas 77010
Telephone: (713) 951-5632
Facsimile: (713) 951-5660
Email: jack.carnegie@strasburger.com
ATTORNEYS FOR PLAINTIFF, TOTAL
PETROCHEMICALS & REFINING USA, INC.
LEWIS BRISBOIS BISGAARD & SMITH, LLP
/s/ Sarah Smith
Sarah R. Smith
Texas Bar No. 24056346
24 Greenway Plaza, Suite 1000
Houston, TX 77046
Telephone: (713) 659-6767
Facsimile: (713) 759-6830
Email: sarah.smith@lewisbrisbois.com
ATTORNEYS FOR PLAINTIFF, ACE PROPERTY
& CASUALTY INSURANCE COMPANY
4828-9632-9350.1
MUNSCH HARDT KOPF & HARR, P.C.
/s/ James M. Bettis, Jr.
James M. Bettis, Jr.
Texas Bar No. 02268650
Paul D. Sculley
Texas Bar No. 09113800
700 Milam Street, Suite 2700
Houston, Texas 77002-2806
Telephone: (713) 222-1470
Facsimile: (713) 222-1475
Email: jbettis@munsch.com
Email: psculley@munsch.com
ATTORNEYS FOR DEFENDANT,
KINDER MORGAN PETCOKE, LP AND
KINDER MORAN PETCOKE, LLC
4828-9632-9350.1
Document Filed Date
January 22, 2019
Case Filing Date
July 20, 2017
Status
Case On Appeal - Civil
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CAUSE NO: 2017-48075 TOTAL PETROCHEMICALS & § IN THE DISTRICT COURT OF REFINING USA, INC. AND ACE § PROPERTY & CASUALTY § INSURANCE COMPANY § § HARRIS COUNTY, TEXAS VS. § § KINDER MORGAN PETCOKE, LP § AND KINDER MORGAN PETCOKE § LLC § 164TH JUDICIAL DISTRICT AMENDED DOCKET CONTROL ORDER The following docket control order shall apply to this case unless modified by the court. If no date is given below, the item is governed by the TEXAS ULES OF IVIL ROCEDURE. 1. EXPERT WITNESS DESIGNATION. Expert witness designations are required and must be served by the following dates. The designation must include the information listed in Rule 194.2(f). Failure to timely respond will be governed by Rule 193.6. (a) 07/09/19 Experts for parties seeking affirmative relief. (b) 08/09/19 All other experts. . STATUS CONFERENCE. Parties shall be prepared to discuss all aspects of the case, including ADR, with the court on this date. TIME; Failure to appear will be grounds for dismissal for want of prosecution. 3. DISCOVERY LIMITATIONS. The discovery limitation of Rule 190.2, if applicable, or otherwise or Rule 190.3 apply unless changed below: (a) Total hours per side for oral depositions. (b) Number of interrogatories that may be served by each party on any other party 4. ALTERNATIVE DISPUTE RESOLUTION (a) By this date the parties must either (1) file an agreement for ADR stating the form of ADR requested and the name of an agreed mediator, ifapplicable; or (2) set an objection to ADR. If no agreement or objection is filed, the court may sign an ADR order. 4828-9632-9350.1 (b) ADR Conducted pursuant to the agreement of the parties must be completed by this date. 5. 09/09/19 DISCOVERY PERIOD ENDS. All discovery must be conducted before the end of the discovery period. Parties seeking discovery must serve the request sufficiently far in advance of the end of the discovery period that the deadline for responding will be within the discovery period. Counsel may conduct discovery beyond this deadline by agreement. Incomplete discovery will not delay the trial. 6. DISPOSITIVE MOTIONS AND PLEAS. Must be set for hearing or submission as follows: (a) If subject to an interlocutory appeal, dispositive motions or pleas must be heard by this date. (b) 10/04/19 Summary judgment motions not subject to an interlocutory appeal must be heard by this date. (c) Rule 166a(i) motions may not be set before this date. 7. CHALLENGES TO EXPERT TESTIMONY. All motions to exclude expert testimony and evidentiary challenges to expert testimony must be filed by this date, unless extended by leave of court. 8. 10/04/19 PLEADINGS. All amendments and supplements must be filed by this date. This order does not preclude prompt filing of pleadings directly responsive to any timely filed pleadings. 9. 11/04/19 TRIAL. If not assigned by the second Friday following this date, the case will be reset. SIGNED on ______________________________, 2019. ____________________________________ ALEXANDRA SMOOTS-THOMAS JUDGE, 164TH JUDICIAL DISTRICT 4828-9632-9350.1 CLARK HILL STRASBURGER /s/ Jack G. Carnegie Jack G. Carnegie Texas Bar No. 03826100 909 Fannin, Suite 2300 Houston, Texas 77010 Telephone: (713) 951-5632 Facsimile: (713) 951-5660 Email: jack.carnegie@strasburger.com ATTORNEYS FOR PLAINTIFF, TOTAL PETROCHEMICALS & REFINING USA, INC. LEWIS BRISBOIS BISGAARD & SMITH, LLP /s/ Sarah Smith Sarah R. Smith Texas Bar No. 24056346 24 Greenway Plaza, Suite 1000 Houston, TX 77046 Telephone: (713) 659-6767 Facsimile: (713) 759-6830 Email: sarah.smith@lewisbrisbois.com ATTORNEYS FOR PLAINTIFF, ACE PROPERTY & CASUALTY INSURANCE COMPANY 4828-9632-9350.1 MUNSCH HARDT KOPF & HARR, P.C. /s/ James M. Bettis, Jr. James M. Bettis, Jr. Texas Bar No. 02268650 Paul D. Sculley Texas Bar No. 09113800 700 Milam Street, Suite 2700 Houston, Texas 77002-2806 Telephone: (713) 222-1470 Facsimile: (713) 222-1475 Email: jbettis@munsch.com Email: psculley@munsch.com ATTORNEYS FOR DEFENDANT, KINDER MORGAN PETCOKE, LP AND KINDER MORAN PETCOKE, LLC 4828-9632-9350.1