Court Motion,Standing Order: MELISSA TARVER, et al vs. ATMOS ENERGY CORPORATION, et al

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                                CAUSE NO. DC-21-09308


                     MELISSA TARVER, et a1                                                 In the District     Court
                     vs.                                                                   Dallas    County,     Texas
                    ATMOS ENERGY CORPORATION, et al                                        192nd District Court

                                             UNIFORM SCHEDULING ORDER (LEVEL 1 0R g)
                                                                (Revised June   1, 2001)

                           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 NON    JURY    TRLAL    on   September    12,  2022  at
                  9:00 AM.    (the “Initial Trial Setting”).  Reset or continuance of the Initial Trial    Setting will not alter any
                  deadlines established in 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 190.2 (Level    1)

                           (X   )   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  reliabilityof  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  no  later than seven
                  (7) days  after the  close of the  discovery period   or  such  complaint   iswaived,   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 pleading to   which   they respond.   Except with
                  leave of court, TRCP    166a(c) motions must be heard no later than thirty (30) days before trial.

                           5.       No  additional parties  may be joined more than five        (5) months   after the commencement
                  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.

                  UNIFORM SCHEDULING ORDER (LEVEL l OR 2) —PAGE       1
                           6.       The parties   shall mediate this  case  no  later than thirty (30)  days  before  the Initial Trial
                                    Setting, unless otherwise provided by court order. Named parties shall be present during
                                    the  entire  mediation   process   and   each   corporate  party   must   be  represented   by  an
                                    executive officer or corporate representative with authority to negotiate a settlement.

                           ( X   )     Unless,  within  14  days  of this Order,  the  parties file  a Joint Notice   of Agreed Upon
                  Substitute Mediator the parties    agree  to mediate   this case with  TBD    ishereby appointed mediator.       The
                  parties must   advise  both the  Court  and  the  aforementioned mediator      in writing  of any  agreed mediator
                  within thirty (30) days of the date this Order is signed.     Any mediator substitution requested beyond such
                  time may only be made       by motion for    submission to the   Court  for  good  cause  and under   extraordinary
                  circumstances.

                           (X    )  Unless   otherwise ordered by the Court,     the parties  shall select a mediator by agreement;
                  if the parties are unable to agree on a mediator, they shall advise the Court within ninety (90) days of the
                  date of this order; the Court will then appoint a mediator.

                           7.       Fourteen   (l4)  days  before  the Initial Trial  Setting, the  parties shall exchange    a list of
                  exhibits, including any    demonstrative   aids  and 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  record   affidavits,  each  exhibit must   be  identified
                  separately and not by category or group designation.       Rule   193.7 applies to this designation.   On or before
                  ten (10) days before the Initial Trial   Setting, the attorneys in charge for all parties   shall meet in person to
                  confer  on  stipulations  regarding   the materials   to be  submitted   to the  Court  under   this paragraph   and
                  attempt  to  maximize    agreement    on  such  matters.  By  4  p.m.  on  the  Thursday   before  the  Initial Trial
                  Setting,  the parties  shall file with  the  Court  the  materials  stated in  Rule  l66(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.

                           Plaintiff/Plaintiff’s counsel shall  serve a copy of this Order on any currently named defendant(s)
                  answering after this date.


                                                                    8/17/2021   8:50:50 AM

                  SIGNED                                                     A   £021.
                                                                          “V                I       A               x.
                                                                             -                        I



                                                                           /w
                                                                  District Judge
                                                                                         {Aw/45““

                  cc: Counsel of Record/Pro Se Parties and Mediator
                  UNIFORM SCHEDULING ORDER (LEVEL       1OR 2) —PAGE 2