On July 22, 2021 a
Motion-Secondary
was filed
involving a dispute between
Park Revolving Trust,
and
Gutierrez, Juanita Flores,
Robledo, Alice,
Rodriguez-Castinado, Benjamin,
Unknown Heirs-At-Law Of Phillip Rodriguez, Deceased,
for Other Civil - Cases
in the District Court of Galveston County.
Preview
Filed: 12/9/2021 8:28 AM
Envelope No. 59854176
CAUSE NO. 21-CV-1077
PARK REVOLVING TRUST § IN THE DISTRICT COURT
§
Plaintiff §
§
v. §
§
JUANITA FLORES GUTIERREZ, BENJAMIN § GALVESTON COUNTY, TEXAS
RODRIGUEZ-CASTINADO, AND ALICE §
ROBLEDO §
Defendants §
§
IN RE: 616 ORANGE §
LAMARQUE, TEXAS 77568 § 122nd JUDICIAL DISTRICT
AGREED DOCKET CONTROL ORDER
The following Order shall apply to the trial and discovery in the above-entitled and
numbered cause in accordance with the Texas Rules of Civil Procedure.
1. This case is designated as (check one) Level I __________ Level II Level III X ;
2. The parties anticipate the trial of this case will last 1 day, including jury selection.
3. The Plaintiff shall designate all experts on or before March 28, 2022;
4. The Defendant’s shall designate all experts on or before April 25, 2022;
5. All fact witnesses shall be designated on or before July 29, 2022;
6. All additional parties shall be joined by February 28, 2022;
7. The Plaintiff's amended pleadings shall be filed on or before June 6, 2022;
8. The Defendant's amended pleadings shall be filed on or before June 20, 2022;
9. All discovery shall be completed on or before August 1, 2021;
10. All Daubert/Robinson/ Havner motions or objections to the qualifications of witnesses shall be filed
on or before September 8, 2021;
(30 DAYS PRIOR TO DOCKET CALL) *
11. The deadline to file dispositive motions shall be on or before September 12, 2022;
(60 DAYS PRIOR TO DOCKET CALL) *
12. Dispositive motions and /or other pending pretrial motions shall be heard at a Pretrial Conference to
be set on, at 10/10/2022 at 9:00 a.m. if timely requested by counsel.
(THE DATE OF THE COURT’S NON-JURY CIVIL DOCKET HELD ONE MONTH BEFORE DOCKET CALL)
13. The parties shall participate in mediation in good faith on or before August 29, 2022.
(45-75 DAYS BEFORE DOCKET CALL)
with Mediator .
(TO BE SELECTED BY COURT IF NO NAME ENTERED)
14. Docket Call is set for 10/10/2022 at 9:00 a. m.;
15. Trial are set for 10/19/2022 at 9:00 a.m., or a date during the trial
period to be assigned by the Court at Docket Call. The trial period is from 10/19/2022
to 10/26/2022 .
AGREED DOCKET CONTROL ORDER Page 1 of 2
On or before the day of Docket Call, the parties shall exchange the following; all trial exhibits, all
jury issues and instructions, the Court’s charge, motions to realign parties, motions to equalize peremptory
strikes, motions in limine, and briefs in support of the foregoing.
The above being considered by the Court, it istherefore ORDERED, that the above scheduling
order shall be complied with by the parties unless modified in writing by the Court, except that counsel
may agree to modify the dates in paragraphs 3-11 by Rule 11 Agreement. It is further ORDERED AND
DECREED that this cause may be set at dates and times other than those listed above, at the discretion of
the Court.
Counsel for the Plaintiff(s) is ORDERED to provide this Docket Control Order to all additional
parties within five (5) days of service of each party’s answer or plea in intervention.
Motions for Continuance of Trial Settings
Each motion for continuance of a trial setting shall state the following: 1) whether the motion is
agreed or contested; 2) the order of the motion (ie. first, second, ect…); 3) the time period requested for the
continuance; and 4) facts showing sufficient cause for the continuance.
Each motion for continuance of the trial setting which is not agreed to by all parties shall contain a
certificate of conference and shall comply with TEX.R.CIV.PRO. 251 and 252.
IF THE TRIAL OF SAID CAUSE HAS BEEN PREVIOUSLY CONTINUED MORE THAN
ONE TIME AT THE REQUEST OF ANY PARTY, ANY SUBSEQUENT MOTION FOR
CONTINUANCE SHALL NOT BE CONSIDERED BY THE COURT UNLESS IT CONTAINS
THE SIGNATURE OF THE MOVING PARTY, AND THE SIGNATURES OF ANY OTHER
PARTIES WHO CONSENT TO THE MOTION, AS WELL AS THE SIGNATURES OF THEIR
ATTORNEYS OF RECORD.
If the Court grants a motion for continuance which results in an extension of the trial date of more
than 60 days, counsel shall enter into an agreed amended docket control order within 15 days of the date of
the order granting continuance.
IT IS SO ORDERED.
Signed on this the ______ day of December, 2021.
________________________________
Presiding Judge
Attorney’s Signature: /s/ Thomas L. Brackett Attorney’s Signature: /s/Helen Stewart Truscott
SBN: 24034337 SBN: 20258275 ______________
Printed Name: Thomas L. Brackett Printed Name: Helen Stewart Truscott
Address: 4004 Belt Line Road, Suite 100, Addison, TX 75001 Address: 314 FM 517 West ______
Telephone/Fax Numbers: 972-341-0639 / 972-341-0734 Telephone/Fax Numbers: 281.337.4652 / 281.337.7278 ______
e-mail address: thomasbr@bdfgroup.com e-mail address hstlaw@msn.com
Attorney for Plaintiff(s): Revolving Park Trust Attorney for Defendant(s): Ad Litem
AGREED DOCKET CONTROL ORDER Page 2 of 2
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Kami Ho on behalf of Thomas Brackett
Bar No. 24034337
kamih@bdfgroup.com
Envelope ID: 59854176
Status as of 12/9/2021 8:30 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
HELEN STEWARTTRUSCOTT hstlaw@msn.com 12/9/2021 8:28:04 AM SENT
Document Filed Date
December 09, 2021
Case Filing Date
July 22, 2021
Category
Other Civil - Cases
For full print and download access, please subscribe at https://www.trellis.law/.
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Filed: 12/9/2021 8:28 AM Envelope No. 59854176 CAUSE NO. 21-CV-1077 PARK REVOLVING TRUST § IN THE DISTRICT COURT § Plaintiff § § v. § § JUANITA FLORES GUTIERREZ, BENJAMIN § GALVESTON COUNTY, TEXAS RODRIGUEZ-CASTINADO, AND ALICE § ROBLEDO § Defendants § § IN RE: 616 ORANGE § LAMARQUE, TEXAS 77568 § 122nd JUDICIAL DISTRICT AGREED DOCKET CONTROL ORDER The following Order shall apply to the trial and discovery in the above-entitled and numbered cause in accordance with the Texas Rules of Civil Procedure. 1. This case is designated as (check one) Level I __________ Level II Level III X ; 2. The parties anticipate the trial of this case will last 1 day, including jury selection. 3. The Plaintiff shall designate all experts on or before March 28, 2022; 4. The Defendant’s shall designate all experts on or before April 25, 2022; 5. All fact witnesses shall be designated on or before July 29, 2022; 6. All additional parties shall be joined by February 28, 2022; 7. The Plaintiff's amended pleadings shall be filed on or before June 6, 2022; 8. The Defendant's amended pleadings shall be filed on or before June 20, 2022; 9. All discovery shall be completed on or before August 1, 2021; 10. All Daubert/Robinson/ Havner motions or objections to the qualifications of witnesses shall be filed on or before September 8, 2021; (30 DAYS PRIOR TO DOCKET CALL) * 11. The deadline to file dispositive motions shall be on or before September 12, 2022; (60 DAYS PRIOR TO DOCKET CALL) * 12. Dispositive motions and /or other pending pretrial motions shall be heard at a Pretrial Conference to be set on, at 10/10/2022 at 9:00 a.m. if timely requested by counsel. (THE DATE OF THE COURT’S NON-JURY CIVIL DOCKET HELD ONE MONTH BEFORE DOCKET CALL) 13. The parties shall participate in mediation in good faith on or before August 29, 2022. (45-75 DAYS BEFORE DOCKET CALL) with Mediator . (TO BE SELECTED BY COURT IF NO NAME ENTERED) 14. Docket Call is set for 10/10/2022 at 9:00 a. m.; 15. Trial are set for 10/19/2022 at 9:00 a.m., or a date during the trial period to be assigned by the Court at Docket Call. The trial period is from 10/19/2022 to 10/26/2022 . AGREED DOCKET CONTROL ORDER Page 1 of 2 On or before the day of Docket Call, the parties shall exchange the following; all trial exhibits, all jury issues and instructions, the Court’s charge, motions to realign parties, motions to equalize peremptory strikes, motions in limine, and briefs in support of the foregoing. The above being considered by the Court, it istherefore ORDERED, that the above scheduling order shall be complied with by the parties unless modified in writing by the Court, except that counsel may agree to modify the dates in paragraphs 3-11 by Rule 11 Agreement. It is further ORDERED AND DECREED that this cause may be set at dates and times other than those listed above, at the discretion of the Court. Counsel for the Plaintiff(s) is ORDERED to provide this Docket Control Order to all additional parties within five (5) days of service of each party’s answer or plea in intervention. Motions for Continuance of Trial Settings Each motion for continuance of a trial setting shall state the following: 1) whether the motion is agreed or contested; 2) the order of the motion (ie. first, second, ect…); 3) the time period requested for the continuance; and 4) facts showing sufficient cause for the continuance. Each motion for continuance of the trial setting which is not agreed to by all parties shall contain a certificate of conference and shall comply with TEX.R.CIV.PRO. 251 and 252. IF THE TRIAL OF SAID CAUSE HAS BEEN PREVIOUSLY CONTINUED MORE THAN ONE TIME AT THE REQUEST OF ANY PARTY, ANY SUBSEQUENT MOTION FOR CONTINUANCE SHALL NOT BE CONSIDERED BY THE COURT UNLESS IT CONTAINS THE SIGNATURE OF THE MOVING PARTY, AND THE SIGNATURES OF ANY OTHER PARTIES WHO CONSENT TO THE MOTION, AS WELL AS THE SIGNATURES OF THEIR ATTORNEYS OF RECORD. If the Court grants a motion for continuance which results in an extension of the trial date of more than 60 days, counsel shall enter into an agreed amended docket control order within 15 days of the date of the order granting continuance. IT IS SO ORDERED. Signed on this the ______ day of December, 2021. ________________________________ Presiding Judge Attorney’s Signature: /s/ Thomas L. Brackett Attorney’s Signature: /s/Helen Stewart Truscott SBN: 24034337 SBN: 20258275 ______________ Printed Name: Thomas L. Brackett Printed Name: Helen Stewart Truscott Address: 4004 Belt Line Road, Suite 100, Addison, TX 75001 Address: 314 FM 517 West ______ Telephone/Fax Numbers: 972-341-0639 / 972-341-0734 Telephone/Fax Numbers: 281.337.4652 / 281.337.7278 ______ e-mail address: thomasbr@bdfgroup.com e-mail address hstlaw@msn.com Attorney for Plaintiff(s): Revolving Park Trust Attorney for Defendant(s): Ad Litem AGREED DOCKET CONTROL ORDER Page 2 of 2 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Kami Ho on behalf of Thomas Brackett Bar No. 24034337 kamih@bdfgroup.com Envelope ID: 59854176 Status as of 12/9/2021 8:30 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status HELEN STEWARTTRUSCOTT hstlaw@msn.com 12/9/2021 8:28:04 AM SENT