Alexander Ct-CS071126 (2)6000 WESTERN PLACE, SurrE 200 TELEPHONE: (817) 332 -2580
I -30 AT BRYANT -IRviN ROAD ToLL FREE: (800) 318 -3400
Ta or Ulso. A a lam
FORT WORTH, TEXAS 76107 -4654 FAcsmm.E: (817) 332 -4740
EMAIL: TOASE @TOASE.COM DENToN: (940) 383 -2674
WEBSrM: WWW.TOASE.COM Attorneys Counselors DENToN METRo: (972) 434 -3834
DAVID T. RITTER
dritter@toase.com
November 26, 2007
Michele Momeault
101" District Court
George L. Allen, Sr. Courts Bldg.
600 Commerce Street, 5` floor
Dallas, Texas 75202
p ECEG�
� �o�f, zoo, IU
CITY I�/6gIV6 AG R
CITY OF COPPELL
Re: Mira Mar Development Corp. V. City of Coppell,
Cause No. 07 -1151, 101" District Court, Dallas County, Texas
Dear Sir/Madam:
Enclosed for filing please find the original and one copy of the Uniform Scheduling Order
previously forwarded by the Court. Please present that Scheduling Order to Judge Lowy for his
signature. Once the Judge has signed the Scheduling Order, please return a signed copy in the
envelope provided for your convenience.
By copy of this letter a copy of said Uniform Scheduling Order has been forwarded to all
counsel of record.
Thank you for your assistance in this matter.
1 yours,
1
David T. Ritter
FIX qCM
Enclosures
3316.064
cc: Walt Leonard
Attorney at Law
One Summit Avenue, Suite 1010
Fort Worth, Texas 76102
W: \TMLIRP\Mira Mar Development \L.etters \C1erk.DTR.001.wpd
November 26, 2007
Page 2
bcc: Mike Milvo
TML Intergovernmental Risk Pool
1821 Rutherford Lane, 1" Floor
P.O. Box 149194
Austin Texas 78754
RE: Style: Mira Mar Development Corp. v. City of Coppell
Cause No.: 07 -11511
TMLIRP Claim No: 0800140451
bcc: Vivyon Bowman
Director of Admin- HR/Fund Contact
City of Coppell
255 Parkway
P.O. Box 9478
Coppell, Texas 75019
bcc: Jim Witt
City Manager
City of Coppell
255 Parkway
P.O. Box 9478
Coppell, Texas 75019
bcc: Robert Hager
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, LLP
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
W: \TMLIRP\Mira Mar Development \Letters \Clerk.DTR.001.wpd
CAUSE NO. DV- O� - Ik f /
§ IN THE DISTRICT COURT OF
Plaintiff.. §
§ DALLAS COUNTY, TEXAS
V.
CN of oti §
Defendant. § 101" JUDICIAL DISTRICT
UNIFORM SCHEDULING ORDER (LEVEL 1 OR 2)
(Revised June 1, 200 1)
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 6f this cause:
� Q �
1. This case will be ready and is set for I e, / trial on , 9:00 a.m (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)
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 parry 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 reliability of 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 is waived, 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 which they respond. Except
with leave of court, TRCP 166a(c) motions must be heard no later than thirty (3 0) 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.
6. The parties shall mediate this case no later than thirty (3 0) days before the Initial Trial
Setting, unless otherwise provided by court order. Mediation will be conducted in accordance with
the Standing Dallas County Civil District Court Order Regarding Mediation, which is available from
the Dallas County ADR Coordinator. All parties shall contact the mediator to arrange the mediation.
The mediator maybe selected by agreement of all parties; if one cannot be agreed
upon .within ninety (90) days, is hereby
appointed
Mediator's name & phone no.
mediator. The parties must advise both the Court and the aforementioned mediator in writing of any
agreed mediator within ninety (90) 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.
. 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 (14) 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 pm on the
Thursday before the Initial Trial Setting, the parties shall file with the Court the materials stated in
Rule 166(e) -(1), 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 n_ amed
defendants) answering after this date.
SIGNED:
Districi Judge
cc: Counsel of Record /Pro Se Parties and Mediator
Plaintiff Attorney
Defendant Attorney C+ �/ o �► C ��� � ��,
Defendant,Attorney Secondary Attorney
Defendant Attorney Secondary Attorney
NOV -21 -2007 WED 1015 AN TA' OLSON ADKINS FAX NO. 817 3?' 1 740 P, 04/04
�a�t1S
. Defbed�unt,Attorady - $Y AttoraaY
Dreodot AnorrAy $eoogdary Atburnay
x
H
CAUSE N° DV -( 07 -11511 )
MIRA MAR DEVELOPMENT CORP.,
V. Plaintiff(s), In the District Court
of Dallas County, Texas
CITY OF COPPELL, 101st Judicial District
Defendant(s).
ORDER SETTING SCHEDULING CONFERENCE AND NO'T'ICE OF
POLICIES
In accordance with Rule 166, 190 and 192 of the Texas Rules of Civil Procedure, the parties or
their attorneys are ORDERED to appear for a scheduling conference to address those matters stated in
those Rules on the following date and time: November 30, 2007 na 9:00 a. m ' or alternatively dismissal for
want of prosecution for failure to comply with the Courts order for the submission and entrance of a
scheduling order. The Courtprefers that counsel submit an agreed Scheduling Order in lieu of attending
the scheduling conference hearing. Upon receipt of the signed order, the hearing will be canceled.
THE PARTIES ARE ORDERED TO CONFER BEFORE THE CONFERENCE.
The conference will not be required if the parties file an agreed scheduling order One of the two
Modified Uniform Scheduling Orders is attached. The date by which the case will be ready for trial (the
"Initial Trial Setting") as indicated in the forms must be on a Monday not a holiday, and must be in the
following range: PLEASE USE THEATTACHED MODIFIED UNIFORM SCHEDULING ORDER
LEVELS 1 -2 or 3.
Level 1 6 -12 months from the date of initial filing of the case
Level 2 12 -18 months from the date of initial filing of the case
Level 3 18 -24 months from the date of initial filing of the case
Requests for variations from the attached forms even i f Qreed must be made at the scheduling conference
Failure to attend the scheduling conference may result in the entry of an order of dismissal for want of
prosecution or other sanctions
The parties are directed to take notice of the following court policies:
Service of Papers Filed with the Court — Other than original petitions and any accompanying
applications for temporary restraining order, any documents filed with the Court that relate to requests for
expedited relief or to matters set for hearing within seven days of filing must be served upon all opposing
parties in a manner that will ensure receipt of the papers by them on the'same day the papers are filed with
the Court or District Clerk.
Uncontested or Agreed Matters — The Court does not require a separate motion or hearing on
agreed matters, except for continuances in cases over one year old or as otherwise provided. All uncontested
or agreed. matters should be presented with a proposed form of order and should reflect the agreement of all
parties either (a) by personal or authorized signature on the form of order, or (b) in the certificate of
conference on the motion.
Submission of Orders. — Except for proposed orders tendered at a hearing, proposed orders on
contested matters should be submitted by the prevailing party after notification of the Court's ruling.
Proposed orders should be tendered to the opposing party at least two working days before they are submitted
to the Court. The opposing party must either approve the proposed order as to form or file objections in
writing with the Court within one week of the submission of the proposed order. If an order is not approved
as to form and no objections are filed within seven days of the submission of the proposed order, the Court
will deem the proposed order to be approved as to form. Parties are encouraged, however, to bring a
proposed order to the hearing.
Briefs. — The'Court will use its best efforts to review all motions and briefs before any hearing.
Except in case of emergency, any briefs relating to a motion (other than for summary judgment) that is set
for hearing must be filed with the clerk of the Court no later than two working days before the scheduled
hearing, -or with the District Clerk no later than three working days before the scheduled hearing. Briefs in
support of a motion for summary judgment must be filed with that motion; briefs in opposition to a motion
for summary judgment must be filed at or before the time the response is due. Briefs not filed in accordance
with this paragraph likely will not be considered.
COURT SPECIFIC POLICIES
Telephone Heari ngs. — Participation in hearings by telephone is encouraged. Arrangements should
be made with the Court Administrator. (For parties out of town)
Default and Minor Prove -Ups. Unless instructed otherwise by the Court, default judgments should
be made through affidavits; minor prove -ups shall be set for a hearing through the Court Administrator.
Continuances. — In cases on file for more than one year, any motion requesting a continuance of
trial must be signed by all ap rties requesting such a continuance, as well as by counsel. A single agreed
continuance of 60 -90 days, including extension of pretrial deadlines, will typically be granted; subsequent
requests are rarely granted. Reset or continuance will not otherwise affect any ofthe pretrial deadlines unless
specifically in the Order.
Alterations or Additional Deadlines Permitted. -- The forms attached must be used, but, other than
paragraphs I or S and except as limited by the Rules of Civil Procedure, different or additional deadlines
do not require an appearance at the scheduling conference and should be made through Rule I 1 Agreements.
SIGNED October 30, 2007.
District Judge Martin Lowy