On July 17, 2012 a
Letter,Correspondence
was filed
involving a dispute between
Red Mango Fc Llc,
and
Grosser, Howard,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
Preview
CAUSE NO. DC-12-07867
RED MANGO FC, LLC § IN THE DISTRICT COURT
§
Plaintiff/Counter-Defendant, §
§
vs. §
§ 160" JUDICIAL DISTRICT
HOWARD GROSSER 8
Defendant/Counter-Plaintiff, §
and §
PHROZEN ASSETS LLC : DALLAS COUNTY, TEXAS
Third-Party Plaintiff.
ORDER ON MOTION TO STRIKE PLEADING AND MOTION FOR CONTINUANCE
AND SCHEDULING ORDER_
On January 15, 2014, the Court held a hearing on Plaintiff, Red Mango FC, LLC’s (“Red
Mango”) Motion to Strike Counter-Plaintiffs’ Third Amended Answer and Original Counterclaim
(“Third Amended Answer”) and Motion to Exclude Evidence Concerning Damages at Trial, And
in the Alternative, Motion for Continuance. The Court, after examining the record and evidence,
and arguments of counsel, the Court finds that there is good cause to grant Plaintiff's Motion for
Continuance. It is THEREFORE ORDERED that this case is set for trial on April 21, 2014.
By agreement of the parties, the Court sets the following pre-trial deadlines and enters the
following scheduling order:
1.
The deadline for filing amended pleadings is March 21, 2014, provided,
however, that no party can assert a new cause of action or add any
additional parties;
The deadline for discovery, including any supplementation of previous
answers to written discovery is March 21, 2014; new discovery is limited to
discovery related to the alleged newly disclosed damages of Grosser,
including his rescission claim, and Mango’s defenses to the same.
Unless otherwise agreed in writing by the parties, Howard Grosser will
appear for deposition on February 24, 2014 at 2425 North Central
Expressway, Suite 200, Richardson, Texas 75080. This deposition is
limited as set forth in paragraph 2, above. Nothing in this paragraph shall
be construed to limit the ability for Grosser to depose a Mango
ORDER ON MOTION TO STRIKE PLEADINGS AND MOTION TO EXCLUDE EVIDENCE AND CONTINUANCE - PAGE 1 oF3representative or witness, subject to the limitations as set forth in paragraph
2, above.
4. Except as expressly set forth above, all other deadlines that have passed,
including the deadline to designate expert witnesses, under the Texas Rules
of Civil Procedure shall not be revived.
SIGNED this the day of , 2014.
HONORABLE JIM JORDAN
AGREED:
istianne Edlund
State Bar No. 24072083
E: christianne.edlund@mrkpc.com
Cheryl Mullin
State Bar No. 24037807
E: Cheryl.mullin@mrkpce.com
MULLIN RUSS KILEJIAN PC
2425 N. Central Expy., Suite 200
Richardson, Texas 75080
T: 972-852-1708
F: 972-931-0124
COUNSEL FOR PLAINTIFF
usted J. 4 am Grin Stanton
State Bar No. 00793237 SBN 2408694U
E; cakin@lynnllp.com bstanton @lynalip.com
LYNN TILLOTSON PINKER & Cox, LLP
2100 Ross Avenue, Suite 2700
Dallas, Texas 75201
T: 214-981-3800
F: 214-981-3839
ORDER ON MOTION TO STRIKE PLEADINGS AND MOTION TO EXCLUDE EVIDENCE AND CONTINUANCE - PAGE 2 oF3Mitchell J. Kassoff
Admitted Pro Hac Vice
E: law @legal-franchise.com
Two Foster Court
So. Orange, N.J. 07079
T: 973-762-1776
COUSEL FOR DEFENDANT/COUNTER-PLAITNIFF
AND THIRD-PARTY-PLAINTIFF
ORDER ON MOTION TO STRIKE PLEADINGS AND MOTION TO EXCLUDE EVIDENCE AND CONTINUANCE - PAGE 3 OF 3
Document Filed Date
February 07, 2014
Case Filing Date
July 17, 2012
Category
CNTR CNSMR COM DEBT
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CAUSE NO. DC-12-07867 RED MANGO FC, LLC § IN THE DISTRICT COURT § Plaintiff/Counter-Defendant, § § vs. § § 160" JUDICIAL DISTRICT HOWARD GROSSER 8 Defendant/Counter-Plaintiff, § and § PHROZEN ASSETS LLC : DALLAS COUNTY, TEXAS Third-Party Plaintiff. ORDER ON MOTION TO STRIKE PLEADING AND MOTION FOR CONTINUANCE AND SCHEDULING ORDER_ On January 15, 2014, the Court held a hearing on Plaintiff, Red Mango FC, LLC’s (“Red Mango”) Motion to Strike Counter-Plaintiffs’ Third Amended Answer and Original Counterclaim (“Third Amended Answer”) and Motion to Exclude Evidence Concerning Damages at Trial, And in the Alternative, Motion for Continuance. The Court, after examining the record and evidence, and arguments of counsel, the Court finds that there is good cause to grant Plaintiff's Motion for Continuance. It is THEREFORE ORDERED that this case is set for trial on April 21, 2014. By agreement of the parties, the Court sets the following pre-trial deadlines and enters the following scheduling order: 1. The deadline for filing amended pleadings is March 21, 2014, provided, however, that no party can assert a new cause of action or add any additional parties; The deadline for discovery, including any supplementation of previous answers to written discovery is March 21, 2014; new discovery is limited to discovery related to the alleged newly disclosed damages of Grosser, including his rescission claim, and Mango’s defenses to the same. Unless otherwise agreed in writing by the parties, Howard Grosser will appear for deposition on February 24, 2014 at 2425 North Central Expressway, Suite 200, Richardson, Texas 75080. This deposition is limited as set forth in paragraph 2, above. Nothing in this paragraph shall be construed to limit the ability for Grosser to depose a Mango ORDER ON MOTION TO STRIKE PLEADINGS AND MOTION TO EXCLUDE EVIDENCE AND CONTINUANCE - PAGE 1 oF3representative or witness, subject to the limitations as set forth in paragraph 2, above. 4. Except as expressly set forth above, all other deadlines that have passed, including the deadline to designate expert witnesses, under the Texas Rules of Civil Procedure shall not be revived. SIGNED this the day of , 2014. HONORABLE JIM JORDAN AGREED: istianne Edlund State Bar No. 24072083 E: christianne.edlund@mrkpc.com Cheryl Mullin State Bar No. 24037807 E: Cheryl.mullin@mrkpce.com MULLIN RUSS KILEJIAN PC 2425 N. Central Expy., Suite 200 Richardson, Texas 75080 T: 972-852-1708 F: 972-931-0124 COUNSEL FOR PLAINTIFF usted J. 4 am Grin Stanton State Bar No. 00793237 SBN 2408694U E; cakin@lynnllp.com bstanton @lynalip.com LYNN TILLOTSON PINKER & Cox, LLP 2100 Ross Avenue, Suite 2700 Dallas, Texas 75201 T: 214-981-3800 F: 214-981-3839 ORDER ON MOTION TO STRIKE PLEADINGS AND MOTION TO EXCLUDE EVIDENCE AND CONTINUANCE - PAGE 2 oF3Mitchell J. Kassoff Admitted Pro Hac Vice E: law @legal-franchise.com Two Foster Court So. Orange, N.J. 07079 T: 973-762-1776 COUSEL FOR DEFENDANT/COUNTER-PLAITNIFF AND THIRD-PARTY-PLAINTIFF ORDER ON MOTION TO STRIKE PLEADINGS AND MOTION TO EXCLUDE EVIDENCE AND CONTINUANCE - PAGE 3 OF 3