On October 09, 2020 a
Order
was filed
involving a dispute between
Diamond, Jeffrey,
Diamond, Stacey,
and
Collier, Bradford Wood,
Everett Financial, Inc.,
Pu Pineda, Henrry Adonias,
Texas Ally Real Estate Group, Llc,
for Other Civil - Cases
in the District Court of Galveston County.
Preview
Received. <>
ém:
Envelope No. 57880044
CAUSE No. 20-cv-14ss 2! OCT 12 AH ID: 3‘7
STACEY DIAMOND AND IN THE DISTRICT COURT K
JEFFREY DIAMOND,
0:; PEDCRM
.
'-
’
T CEL RK
GALVESTON COUNTY
Plainaffi, TEXAS
v. .
—
GALVESTON COUNTY, TEXAS
BRADFORD WOOD COLLIER, .
EVERETT FINANCIAL, INC. d/b/a
SUPREME LENDING, TEXAS
ALLY REAL ESTATE GROUP,
LLC, and HENRY ADONIAS PU
PINEDA
Defendants. 122ND JUDICIAL DISTRICT
‘
AMENDED DOCKET CONTROL ORDER
l. 10/:1 8/2021 New Parties .shall bé joined and served by this date.
2. 1/1 0/2022 EXPERTS for all Plaintiffs shall be designated by this date.
3. 2/1 0/2022 EXPERTS for all OTHER PARTIES shall be designated by this date
.
(30 days after date Plaintiff’s experts are ordered to be designated).
Any party designating a testifying expert witness is ORDERED to provide no later than the ’
dates. set for such designation, the information set forth in Rule 194.2(f) and a written report
prepared by the expert Setting out the substance of the experts opinions.
An expert not designated prior to the ordefed deadlines shall not be permitted to testify absent a
showing of good cause. -
4. 03/07/2022 DISCOVERY deadlines Controlled by designation of case. Counsel
may by written agreement continue discovery beyond this deadline.
Such continued discovery, however, will not delay the trial date without
the Court’ s approval.
Level One — (Rule 190.2) Discovery shall be completed 3O days before
the date set for trial.
No. of hours per side for oral depositions:
No‘. of written interrogatories that maybe served by any party. on
another party: (Excluding interrogatories asking a party t0
oc‘V—‘é
— 1458
x
DCDOCO
W
tDocket Control Order
t2260970
1s
02a- w H98
identify or authenticate specified documents).
Level Two-(Rule 190.3) Discovery shall be completed the earlier of 3 O
days befofre the date set for trial or 9 months after the date of the first
oral deposition of the due date ofthe first reSponse to written discovery.
Level Three- (Rule 190. 4) Discovery shall be completed by this date.
No. of hours per side for oral depositions:
No. of written interrogatories th at maybe served by any party on
another party: (Excluding interrogatories asking a party to
identify or authenticate specified documents). -
03/07/2022 Pleadings must be amended or supplemented by this date, except by
written agreement of all parties.
'
(_
j
03/1 4/2022 Mediation shall be completed by this date. Report to be filed with court
on or before this date. ObjeCtions to mediatiOn must be filed Within
thirty days of this date. case will not proceed to trial unless mediation is
cOmplete
All parties agree to participate in mediation with the following personto
serve as mediator:
0M bw
I
Name:
Address:
‘
Phone:
.
K
:juuwt
,fll) ,n
[£7
I
r
flu An
g
. \n/
(
V.
/)
M I
Fax No.:
Plaintiff’s attorney shall provide a copy 0f the DCO to the mediator
named hered
f7
03/14/2022 DEADLINE TO FILE ALL MOTIONS, except Motions in Limine,
AND FOR MOVANT AND 'FOR
'
TO SECURE DATES TIMES
HEARINGS. 'NO HEARING WILL BE SET UNTIL A MOTION
AND ORDER SETTING HEARING ARE ON FILE WITH THE
CLERK. This includes motions to exclude expert testimony and I
,
any other challenges to expert testimony. (Six weeks prior to pre-
' ‘
".. <
p; trial)
..~ .
(
u r‘
Court announcement
Mm. - Pre- Trial
parties
will be
and
Conference
motions
grounds for dismissal
set.
t0 continue
will
at this
only hear
setting.
for want of prosecution.
Failure
(
to appear
0f
jmigfiz
K
_ _- at Trial by Jury is set for one-week docket commencing on this date.
9: 00 a. m. Prior to commencement ofvoir dire parties are ordered to exchange '
the following a'nd discuss what the parties will agree t0 and what
‘\,/
‘K
)
issues are contested.
Proposed Jury instructions and questions
Motion 1n Limine >
Exhibit List
Labeled and numbered exhibits
Witness lists (inform court at earliest opportunity of scheduling N
problems relating to witnesses)
I
1 1. at .m. Trial before Court is set.
Proposed Findings of Factvland Conclusions ofLaw to be exchanged prior to trial date.
Written notice must be given to the Court of any changes in this DCO. This includes
settlement, Rule 11 Agreements, cancellation of hearings, etc. Numbers 7, 8, 9 or 10 cannot
be changed without leave of the Court.
SIGNEDthisday O(?Q‘ *
M ,2021.
22
H ELLISOR, JUDGE
WW
JUDICIAL DISTRICT COURT"
APPROVED'AS TO FORM AND ENTRY REQUESTED:
Respectfully Submitted,
BRADLEY ARANT BOULT' CUMMINGS LLP
/s/ Gabriella'E. Alonso
Gabriella E. Alonso
Texas BarNo. 241 13527
galonso@bradley.com
Robert H. Ford
Texas Bar No. 240742 19
rford@bradley.com
I600 Travis, Suite 4800
Houston, Texas 77002
Telephone: 7 1,3-576-‘0300
Facsimile: 7 1 3-576-0301
Keith S. Anderson
Texas Bar No. 24075789
One Federal Place
18 1 9 Fifth Avenue North
Birmingham, Alabama 35203
(205) 521-8000 Telephone
(205) 488-67 14 Telecopier
I
ATTORNEYS FOR DEFENDANT EVERETT
FINANCIAL, INC. D/B/A SUPREME LENDING
J. DIAMOND AND ASSOCIATES, PLLC
/s/ Carla S. Courtney (with permission)
'
Carla S. Courtney
car1a@jdiamondandassociates.corn
Texas Bar No. 241 15455
Taylor Diamond} ,
.
taylor@jdiamondandassociates.com
Texas Bar No. 24 1 09809
730 North Loop
Houston, Texas 77009
Telephone: (7 1 3) 227-6800
Facsimile: (7 l 3) 227-6801
ATTORNEYS FOR PLAINTIFFS
SHEINNEss CLOVER & GROSSMAN, LLP
/s/ Steven D. Grossman (with permission)
'
Steven D. Grossman
Texas Bar No. 08547800
sgrossman@hou—law.com
4544 Post Oak Place Dr., Ste. 270
Houston, Texas 77027
Telephone: (713) 374- 7015
Facsimile: (7 1 3) 374- 7049
ATTORNEY FOR DEFENDANTS BRADFORD
COLLIER AND HENRY ADONIAS PU PINEDA
GAUNTT, KOEN, BINNEY & KIDD, LLP
/s/T0m 0 ’Connell (with permission)
Tom O’Connell
Texas Bar No. 15 1 80700
Tom.oconnell@gkbklaw.com
25700 1-45 North, Ste. 130
Spring, Texas 77386
Telephone: (28]) 367- 6555
Facsimile: (28 l) 367- 3705
ATTORNEY FOR DEFENDANT TEXAS ALLY
REAL ESTATE GROUP, LLC
Document Filed Date
October 11, 2021
Case Filing Date
October 09, 2020
Category
Other Civil - Cases
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Preview
Received. <> ém: Envelope No. 57880044 CAUSE No. 20-cv-14ss 2! OCT 12 AH ID: 3‘7 STACEY DIAMOND AND IN THE DISTRICT COURT K JEFFREY DIAMOND, 0:; PEDCRM . '- ’ T CEL RK GALVESTON COUNTY Plainaffi, TEXAS v. . — GALVESTON COUNTY, TEXAS BRADFORD WOOD COLLIER, . EVERETT FINANCIAL, INC. d/b/a SUPREME LENDING, TEXAS ALLY REAL ESTATE GROUP, LLC, and HENRY ADONIAS PU PINEDA Defendants. 122ND JUDICIAL DISTRICT ‘ AMENDED DOCKET CONTROL ORDER l. 10/:1 8/2021 New Parties .shall bé joined and served by this date. 2. 1/1 0/2022 EXPERTS for all Plaintiffs shall be designated by this date. 3. 2/1 0/2022 EXPERTS for all OTHER PARTIES shall be designated by this date . (30 days after date Plaintiff’s experts are ordered to be designated). Any party designating a testifying expert witness is ORDERED to provide no later than the ’ dates. set for such designation, the information set forth in Rule 194.2(f) and a written report prepared by the expert Setting out the substance of the experts opinions. An expert not designated prior to the ordefed deadlines shall not be permitted to testify absent a showing of good cause. - 4. 03/07/2022 DISCOVERY deadlines Controlled by designation of case. Counsel may by written agreement continue discovery beyond this deadline. Such continued discovery, however, will not delay the trial date without the Court’ s approval. Level One — (Rule 190.2) Discovery shall be completed 3O days before the date set for trial. No. of hours per side for oral depositions: No‘. of written interrogatories that maybe served by any party. on another party: (Excluding interrogatories asking a party t0 oc‘V—‘é — 1458 x DCDOCO W tDocket Control Order t2260970 1s 02a- w H98 identify or authenticate specified documents). Level Two-(Rule 190.3) Discovery shall be completed the earlier of 3 O days befofre the date set for trial or 9 months after the date of the first oral deposition of the due date ofthe first reSponse to written discovery. Level Three- (Rule 190. 4) Discovery shall be completed by this date. No. of hours per side for oral depositions: No. of written interrogatories th at maybe served by any party on another party: (Excluding interrogatories asking a party to identify or authenticate specified documents). - 03/07/2022 Pleadings must be amended or supplemented by this date, except by written agreement of all parties. ' (_ j 03/1 4/2022 Mediation shall be completed by this date. Report to be filed with court on or before this date. ObjeCtions to mediatiOn must be filed Within thirty days of this date. case will not proceed to trial unless mediation is cOmplete All parties agree to participate in mediation with the following personto serve as mediator: 0M bw I Name: Address: ‘ Phone: . K :juuwt ,fll) ,n [£7 I r flu An g . \n/ ( V. /) M I Fax No.: Plaintiff’s attorney shall provide a copy 0f the DCO to the mediator named hered f7 03/14/2022 DEADLINE TO FILE ALL MOTIONS, except Motions in Limine, AND FOR MOVANT AND 'FOR ' TO SECURE DATES TIMES HEARINGS. 'NO HEARING WILL BE SET UNTIL A MOTION AND ORDER SETTING HEARING ARE ON FILE WITH THE CLERK. This includes motions to exclude expert testimony and I , any other challenges to expert testimony. (Six weeks prior to pre- ' ‘ ".. < p; trial) ..~ . ( u r‘ Court announcement Mm. - Pre- Trial parties will be and Conference motions grounds for dismissal set. t0 continue will at this only hear setting. for want of prosecution. Failure ( to appear 0f jmigfiz K _ _- at Trial by Jury is set for one-week docket commencing on this date. 9: 00 a. m. Prior to commencement ofvoir dire parties are ordered to exchange ' the following a'nd discuss what the parties will agree t0 and what ‘\,/ ‘K ) issues are contested. Proposed Jury instructions and questions Motion 1n Limine > Exhibit List Labeled and numbered exhibits Witness lists (inform court at earliest opportunity of scheduling N problems relating to witnesses) I 1 1. at .m. Trial before Court is set. Proposed Findings of Factvland Conclusions ofLaw to be exchanged prior to trial date. Written notice must be given to the Court of any changes in this DCO. This includes settlement, Rule 11 Agreements, cancellation of hearings, etc. Numbers 7, 8, 9 or 10 cannot be changed without leave of the Court. SIGNEDthisday O(?Q‘ * M ,2021. 22 H ELLISOR, JUDGE WW JUDICIAL DISTRICT COURT" APPROVED'AS TO FORM AND ENTRY REQUESTED: Respectfully Submitted, BRADLEY ARANT BOULT' CUMMINGS LLP /s/ Gabriella'E. Alonso Gabriella E. Alonso Texas BarNo. 241 13527 galonso@bradley.com Robert H. Ford Texas Bar No. 240742 19 rford@bradley.com I600 Travis, Suite 4800 Houston, Texas 77002 Telephone: 7 1,3-576-‘0300 Facsimile: 7 1 3-576-0301 Keith S. Anderson Texas Bar No. 24075789 One Federal Place 18 1 9 Fifth Avenue North Birmingham, Alabama 35203 (205) 521-8000 Telephone (205) 488-67 14 Telecopier I ATTORNEYS FOR DEFENDANT EVERETT FINANCIAL, INC. D/B/A SUPREME LENDING J. DIAMOND AND ASSOCIATES, PLLC /s/ Carla S. Courtney (with permission) ' Carla S. Courtney car1a@jdiamondandassociates.corn Texas Bar No. 241 15455 Taylor Diamond} , . taylor@jdiamondandassociates.com Texas Bar No. 24 1 09809 730 North Loop Houston, Texas 77009 Telephone: (7 1 3) 227-6800 Facsimile: (7 l 3) 227-6801 ATTORNEYS FOR PLAINTIFFS SHEINNEss CLOVER & GROSSMAN, LLP /s/ Steven D. Grossman (with permission) ' Steven D. Grossman Texas Bar No. 08547800 sgrossman@hou—law.com 4544 Post Oak Place Dr., Ste. 270 Houston, Texas 77027 Telephone: (713) 374- 7015 Facsimile: (7 1 3) 374- 7049 ATTORNEY FOR DEFENDANTS BRADFORD COLLIER AND HENRY ADONIAS PU PINEDA GAUNTT, KOEN, BINNEY & KIDD, LLP /s/T0m 0 ’Connell (with permission) Tom O’Connell Texas Bar No. 15 1 80700 Tom.oconnell@gkbklaw.com 25700 1-45 North, Ste. 130 Spring, Texas 77386 Telephone: (28]) 367- 6555 Facsimile: (28 l) 367- 3705 ATTORNEY FOR DEFENDANT TEXAS ALLY REAL ESTATE GROUP, LLC