On October 18, 2019 a
Motion-Secondary
was filed
involving a dispute between
Brown, Rodney,
and
Bautista, Irma,
Bautista, Reynaldo,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
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CAUSE NO. DC-19-16913
RODNEY BROWNN, § IN THE DISTRICT COURT
Plaintiff, §
§
V. § DALLAS COUNTY, TEXAS
§
REYNALDO BAUTISTA ET AL §
Defendant. §
116TH JUDICIAL DISTRICT
AGREED DISCOVERY CONTROL PLAN AND SCHEDULING ORDER
Pursuant t0 TEX. R. CIV. P. 190.4(a), in an effort t0 conduct the litigation of this cause
expeditiously and reasonably, the parties have agreed t0 and submitted the following Discovery
Control Plan and Scheduling Order. The Court, having considered the proposed deadline items and
the dates provided therefore, is ofthe opinion that this Discovery Control Plan and Scheduling Order
Will promote the efficient use 0f judicial resources during the litigation 0f this cause and is in
compliance with TEX. R. CIV. P. 190.4(a). Having been agreed t0 by the parties in this case, the
Court is of the opinion that this Order should be entered and control the discovery and conduct in
this cause:
IT IS THEREFORE AGREED by the parties and ORDERED that the discovery and conduct
0f this cause shall be governed by the following deadlines:
1. 04/06/20 Deadline t0 add new parties 0r designate responsible third parties. A party
may be added as a defendant up t0 14 days after this deadline ifthat party was
named as a responsible third party Within 14 days prior t0 this deadline.
2. EXPERT WITNESS DESIGNATION. A11 experts shall be designated in
compliance with Rule 194.2(f). Retained experts shall also produce reports
by the following dates:
07/21/20 Parties alleging claims for affirmative relief.
08/21/20 Parties opposing claims for affirmative relief.
AGREED DISCOVERY CONTROL PLAN AND SCHEDULING ORDER
CAUSE NO. DC-19-16913 Page -1
3. 9/2/20 SUPPLEMENTAL/AMENDED PLEADINGS. Counsel for all parties
shall file any amended 0r supplemental pleadings by this date. Pleadings
made in response t0 supplemental/amended pleadings may be made up t0 14
days after this deadline.
4. 9/17/20 MEDIATION DEADLINE. Mediation shall occur 0n or before this date
With a mediator Karen Gammon.
5. 10/19/20 DISCOVERY DEADLINE. A11 discovery shall be completed by this date.
Counsel may continue discovery beyond this deadline by agreement.
6. 11/2/20 DISPOSITIVE MOTIONS. A11 dispositive motions, including motions for
summary judgment, shall be heard by this date.
7. 11/2/20 DAUBERT/ROBINSON MOTIONS. Any obj ection 0r motion to exclude
0r limit expert testimony due t0 qualification must be heard by this date, 01‘
such objection is waived.
8. DEPOSITION DESIGNATIONS. Counsel shall exchange page and line
references for all deposition testimony t0 be offered in the case in chief fl
days before trial.
9. DEPOSITION CROSS-DESIGNATIONS AND OBJECTIONS TO
DESIGNATIONS. Counsel shall exchange cross-designations ofpage and
line references of all deposition testimony t0 be used at trial seven g7) days
before trial. Counsel shall also provide a written statement 0f page and line
references to designations that are the subj ect of any evidentiary obj ections,
including the basis for the obj ections.
10. WITNESS LISTS. Counsel shall exchange their respective list of fact and
expert Witness lists that each intends t0 call at trial by 4:00 p.m. the Friday
before trial.
11. EXHIBIT LISTS. Counsel shall exchange a listof exhibits that each
reasonably anticipates Will be offered in evidence by 4:00 pm. the Friday
before trial. Counsel should stipulate insofar as possible t0 the authenticity
and admissibility of exhibits to be used at trial.
12. MOTIONS IN LIMINE. Counsel shall exchange motions in limine by 4:00
p.m. the Friday before trial.
13. JURY CHARGE. Each party shall serve on all other parties a proposedjury
charge, including questions, definitions, and instructions, by 4:00 9m. the
Friday before trial.
AGREED DISCOVERY CONTROL PLAN AND SCHEDULING ORDER
CAUSE NO. DC-19-16913 Page -2
14. CONFERENCE ON OBJECTIONS. Counsel shall confer in good faith
in an attempt to resolve all objections to deposition designations and exhibits,
as well as to resolve disputed motions in limine filed by an opposing party.
Any objections not resolved by conference will be heard at the pretrial
conference.
15. TRIAL DATE: November 16, 2020.
Each side may have 50 hours of depositions and each party may have 25 interrogatories,
subject to the conditions of Rule 190.3(b)(2) and (3).
Any deadline contained in this Order, except for Trial Date, can be modified by written
consent of all the parties or by Order of the Court. All other procedural deadlines shall be governed
by the Texas Rules of Civil Procedure.
SIGNED on this the ____ day of January, 2020.
___________________________________
JUDGE PRESIDING
AGREED:
/s/ Walker M. Duke /s/ Fernando Martinez, Jr. (By Permission)
_______________________________ _______________________________
WALKER M. DUKE Fernando Martinez, Jr.
Counsel for Plaintiff Counsel for Defendant
__________________________________________________________________________________________________________________
AGREED DISCOVERY CONTROL PLAN AND SCHEDULING ORDER
CAUSE NO. DC-19-16913 Page - 3
Document Filed Date
January 07, 2020
Case Filing Date
October 18, 2019
Category
MOTOR VEHICLE ACCIDENT
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CAUSE NO. DC-19-16913 RODNEY BROWNN, § IN THE DISTRICT COURT Plaintiff, § § V. § DALLAS COUNTY, TEXAS § REYNALDO BAUTISTA ET AL § Defendant. § 116TH JUDICIAL DISTRICT AGREED DISCOVERY CONTROL PLAN AND SCHEDULING ORDER Pursuant t0 TEX. R. CIV. P. 190.4(a), in an effort t0 conduct the litigation of this cause expeditiously and reasonably, the parties have agreed t0 and submitted the following Discovery Control Plan and Scheduling Order. The Court, having considered the proposed deadline items and the dates provided therefore, is ofthe opinion that this Discovery Control Plan and Scheduling Order Will promote the efficient use 0f judicial resources during the litigation 0f this cause and is in compliance with TEX. R. CIV. P. 190.4(a). Having been agreed t0 by the parties in this case, the Court is of the opinion that this Order should be entered and control the discovery and conduct in this cause: IT IS THEREFORE AGREED by the parties and ORDERED that the discovery and conduct 0f this cause shall be governed by the following deadlines: 1. 04/06/20 Deadline t0 add new parties 0r designate responsible third parties. A party may be added as a defendant up t0 14 days after this deadline ifthat party was named as a responsible third party Within 14 days prior t0 this deadline. 2. EXPERT WITNESS DESIGNATION. A11 experts shall be designated in compliance with Rule 194.2(f). Retained experts shall also produce reports by the following dates: 07/21/20 Parties alleging claims for affirmative relief. 08/21/20 Parties opposing claims for affirmative relief. AGREED DISCOVERY CONTROL PLAN AND SCHEDULING ORDER CAUSE NO. DC-19-16913 Page -1 3. 9/2/20 SUPPLEMENTAL/AMENDED PLEADINGS. Counsel for all parties shall file any amended 0r supplemental pleadings by this date. Pleadings made in response t0 supplemental/amended pleadings may be made up t0 14 days after this deadline. 4. 9/17/20 MEDIATION DEADLINE. Mediation shall occur 0n or before this date With a mediator Karen Gammon. 5. 10/19/20 DISCOVERY DEADLINE. A11 discovery shall be completed by this date. Counsel may continue discovery beyond this deadline by agreement. 6. 11/2/20 DISPOSITIVE MOTIONS. A11 dispositive motions, including motions for summary judgment, shall be heard by this date. 7. 11/2/20 DAUBERT/ROBINSON MOTIONS. Any obj ection 0r motion to exclude 0r limit expert testimony due t0 qualification must be heard by this date, 01‘ such objection is waived. 8. DEPOSITION DESIGNATIONS. Counsel shall exchange page and line references for all deposition testimony t0 be offered in the case in chief fl days before trial. 9. DEPOSITION CROSS-DESIGNATIONS AND OBJECTIONS TO DESIGNATIONS. Counsel shall exchange cross-designations ofpage and line references of all deposition testimony t0 be used at trial seven g7) days before trial. Counsel shall also provide a written statement 0f page and line references to designations that are the subj ect of any evidentiary obj ections, including the basis for the obj ections. 10. WITNESS LISTS. Counsel shall exchange their respective list of fact and expert Witness lists that each intends t0 call at trial by 4:00 p.m. the Friday before trial. 11. EXHIBIT LISTS. Counsel shall exchange a listof exhibits that each reasonably anticipates Will be offered in evidence by 4:00 pm. the Friday before trial. Counsel should stipulate insofar as possible t0 the authenticity and admissibility of exhibits to be used at trial. 12. MOTIONS IN LIMINE. Counsel shall exchange motions in limine by 4:00 p.m. the Friday before trial. 13. JURY CHARGE. Each party shall serve on all other parties a proposedjury charge, including questions, definitions, and instructions, by 4:00 9m. the Friday before trial. AGREED DISCOVERY CONTROL PLAN AND SCHEDULING ORDER CAUSE NO. DC-19-16913 Page -2 14. CONFERENCE ON OBJECTIONS. Counsel shall confer in good faith in an attempt to resolve all objections to deposition designations and exhibits, as well as to resolve disputed motions in limine filed by an opposing party. Any objections not resolved by conference will be heard at the pretrial conference. 15. TRIAL DATE: November 16, 2020. Each side may have 50 hours of depositions and each party may have 25 interrogatories, subject to the conditions of Rule 190.3(b)(2) and (3). Any deadline contained in this Order, except for Trial Date, can be modified by written consent of all the parties or by Order of the Court. All other procedural deadlines shall be governed by the Texas Rules of Civil Procedure. SIGNED on this the ____ day of January, 2020. ___________________________________ JUDGE PRESIDING AGREED: /s/ Walker M. Duke /s/ Fernando Martinez, Jr. (By Permission) _______________________________ _______________________________ WALKER M. DUKE Fernando Martinez, Jr. Counsel for Plaintiff Counsel for Defendant __________________________________________________________________________________________________________________ AGREED DISCOVERY CONTROL PLAN AND SCHEDULING ORDER CAUSE NO. DC-19-16913 Page - 3