On September 19, 2022 a
Order
was filed
involving a dispute between
Vr Fairways Holdings Limited Partnership,
and
Galveston Central Appraisal District,
for Other Civil - Suit to Set Appraisal/Review of Assessment
in the District Court of Galveston County.
Preview
D- yy
Filed: 9/11/2023 5:02 PM
nvelope No. 7942’
Faas
¢ = 2 =e 8 pe
ES
CAUSE NO. -22: CV-1860
23.SEP13. PH. 3:06
VR FAIRWAYS HOLDINGS LIMITED
PARTNERSHIP (Fairways at South Shore > ¢
Apartments). ) “IN THE JUDICIAI
eal we ERK
E
8 COURTY, TEXa
VS OF GALVESTON COUNTY, TEXAS
GALVESTON CENTRAL APPRAISAL
DISTRICT 212" DISTRICT COURT
IRST- AMENDED CIVIL DISCOVERY AND DOCKET CONTROL ORDER
/ 19/24 NEW PARTIES joined and served by this date.. No partiés may.be.added after this
date without approval:by the Court. Approval after this | date is less likely to be granted: if a'delay
of the trial would result:
3/20/24 EXPERTS for all Plaintiffs shall be designated by this date.
4/18/24 EXPERTS for all OTHER PARTIES shall.be desi ated by this date. Any. patty:
designating a testifying expert witness is ORDERED to provide ho-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 the suibstance-of the expert’s opinions, unless a deposition is taken of the expert.
Aji expert not designated prior to the ordered deadline shall not be permitted to testify absent a
showing-of good cause.
ele, ROBINSON. CHALLENGES are tobe filed and heard-by'this date.
5/18/24 DISCOVERY deadlines controlled by designation-of case (indicate which applies).
Counsel may in written agreement continue discovery beyond this deadline: Such continued
discovery, however, will not delay the trial date:
ee Level One (Rule 190.2) and:Level Two (Rule:109.3).. Discovery shall be completed
30 days before thé date set-for tri
5. / 18/24 Level Two (Rule.190, 3). Discovery shall. be completed the earlier of 30 days before
the date-set for trial.or'9.months after the date’of the first oral deposition of the due date of the:
first response to written discovery.
LSS. Level Three (Rule 190.4): Discovery:shall be completed by this: date.
6. :Electronically Stored Information Discovery: (Indicate:which applies.)
j_/_. Lawyers will abide by the Court's Protocol for Discovery of ESI and: have a Discovery.
Planning Confererice by this date.
aff Lawyers will abide. by.the Court’s Order Relating to the Discovery of. ESI. ‘if laiwyers
are unable'to agree to any of the requirements of this Court Order; they will :secure a setting for.
a hearing date before this date.
cV—1860
icDOco
\ coset cone Order
il I | ih ANN |
}
xX Lawyers do-not anticipate the need to abide by either the Court’s Protocol or Order.
regarding ESI since prosecuting and defending these calms will not depend on large amounts of
ESI.
“4/18/24 Pleadings must be aimendéd or supplemented by this date, except by written:
aD of ALL parties.
5/18/24 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 30 days of this date.Case will not
proceed to trial unless mediation is complete. All parties agree to. participate iin inedeton with:
the following person to serve as mediator:
Name; Mark Davidson
Address: 6300 W Loop S., Ste 415, Bellaire, 1™ 77401
Phone: 713-395-4201 Fax:
Email: mdljudge@yahoo.com
Plaintiff's amomey Shall
s provide a copy of the DCO to the mediator named herein.
J.J DEADLINE TO Fite “ALL MOTIONS; except Motions in’ Limine, AND FOR MOVANT TO
SECURE DATES AND TIMES FOR HEARINGS, NO HEARINGS WILL BE SET UNTIL A MOTION AND
ORDER SETTING /HEARING ARE ON: FILE WITH THE CLERK, This includes motions to exclude
expért testimony-and any.other. challenges to expert testimony (6:wéeks prior to pre-trial).
10. 6/6" / 24 at 40:00 am. Pre-Trial Conference set; Court will only hear announcement.
of parties and motions to continue at this setting. Parties to submit Exhibits for trial at this
time. a fe appear wi it be} grounds for.dismissal for want.of prosecution.
114. af hs <.m. Trial by Jury-is set for. one-week docket commericing ‘on this
date. Prior to> faienconiane of voir dire, parties are ordered.to, exchange the following and.
discuss what the parties will agreé to and-what issues are contested:
X Proposed jury instructions and questions
X._-Motion in Limine:
X
x Exhibit list
Xl Labeled and numbered exhibits i =
x Witness lists (inform Court at earliest opportunity of. scheduling problems
relating to witnesses).
12. 6 /AT/ 24a 9:00 €_.m:. Bench Trial before Court is set.
13 Any attorney representing.a party who files bankruptcy during the pendency of the litigation
must submit.a written report advising the Court of the status of such bankruptcy on the 2™
Monday in January and the. 2™ Monday in July.
14, Proposed: Findings of Fact and Conclusions of Law to be exchanged prior to trial date.
45 All attorneys shall-abide by the Supreme Court of Texas and The Court of Criminal Appeals Texas.
Lawyer's. Creed.
16. Cases not reached for trial during’a trial sitting will be notified tiyt the Court. Parties.will then
heed to file with the District Clerk anew Docket Control Order anda Motion for Continuance if.
needed.
‘Written notice must be given to the Court of any changes.in this. DCO. This:includes settlement, Rule
41 Agreements, cantellation of. heatingé-< etc. Numbers 9, 10, 11. or 12 cannot be changed without
leave ‘of the Court.
SIGNED ON Sept 3 ,2BDF
QE
JUDGE PATRICIA GRADY
212" Judicial District Court
APPROVED:
COUNSEL vee
@/
COUNSEL FOR OTHER PARTIES:
By requesting entry of this Discovery and Docket Control Order, counsel acknowledge they are
aware of the deadlines, and acknowledge'there is no guarantee ofa continuance.’
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.
Mason Malone on behalf of James Hannagan
Bar.No. 24059889
Mmalone@gpd.com .
Envelope ID: 79427966
Filing Code Description: Proposed Order
Filing Description: First Amended. Civil Discovery and:
2 ae Control "
Order
Status as of 9/12/2023.8:28 AM CST
Associated Case Party: VR Fairways Holdings ‘Limited oe (Fairways At
South Shore Apartments)
Name BarNumber | Email TimestampSubmitted Status
James.D. Hannagan jhannagan@gpd.com |'9/11/2023 5:02:00 PM. SENT
Associated Case Party: Galveston Central Appraisal District
Name. BarNumber | Email TimestampSubmitted Status:
Nicholas Perez nperez@galvestoncad.org |-9/11/2023- 5:02:00 PM SENT
Document Filed Date
September 13, 2023
Case Filing Date
September 19, 2022
Category
Other Civil - Suit to Set Appraisal/Review of Assessment
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Preview
D- yy Filed: 9/11/2023 5:02 PM nvelope No. 7942’ Faas ¢ = 2 =e 8 pe ES CAUSE NO. -22: CV-1860 23.SEP13. PH. 3:06 VR FAIRWAYS HOLDINGS LIMITED PARTNERSHIP (Fairways at South Shore > ¢ Apartments). ) “IN THE JUDICIAI eal we ERK E 8 COURTY, TEXa VS OF GALVESTON COUNTY, TEXAS GALVESTON CENTRAL APPRAISAL DISTRICT 212" DISTRICT COURT IRST- AMENDED CIVIL DISCOVERY AND DOCKET CONTROL ORDER / 19/24 NEW PARTIES joined and served by this date.. No partiés may.be.added after this date without approval:by the Court. Approval after this | date is less likely to be granted: if a'delay of the trial would result: 3/20/24 EXPERTS for all Plaintiffs shall be designated by this date. 4/18/24 EXPERTS for all OTHER PARTIES shall.be desi ated by this date. Any. patty: designating a testifying expert witness is ORDERED to provide ho-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 the suibstance-of the expert’s opinions, unless a deposition is taken of the expert. Aji expert not designated prior to the ordered deadline shall not be permitted to testify absent a showing-of good cause. ele, ROBINSON. CHALLENGES are tobe filed and heard-by'this date. 5/18/24 DISCOVERY deadlines controlled by designation-of case (indicate which applies). Counsel may in written agreement continue discovery beyond this deadline: Such continued discovery, however, will not delay the trial date: ee Level One (Rule 190.2) and:Level Two (Rule:109.3).. Discovery shall be completed 30 days before thé date set-for tri 5. / 18/24 Level Two (Rule.190, 3). Discovery shall. be completed the earlier of 30 days before the date-set for trial.or'9.months after the date’of the first oral deposition of the due date of the: first response to written discovery. LSS. Level Three (Rule 190.4): Discovery:shall be completed by this: date. 6. :Electronically Stored Information Discovery: (Indicate:which applies.) j_/_. Lawyers will abide by the Court's Protocol for Discovery of ESI and: have a Discovery. Planning Confererice by this date. aff Lawyers will abide. by.the Court’s Order Relating to the Discovery of. ESI. ‘if laiwyers are unable'to agree to any of the requirements of this Court Order; they will :secure a setting for. a hearing date before this date. cV—1860 icDOco \ coset cone Order il I | ih ANN | } xX Lawyers do-not anticipate the need to abide by either the Court’s Protocol or Order. regarding ESI since prosecuting and defending these calms will not depend on large amounts of ESI. “4/18/24 Pleadings must be aimendéd or supplemented by this date, except by written: aD of ALL parties. 5/18/24 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 30 days of this date.Case will not proceed to trial unless mediation is complete. All parties agree to. participate iin inedeton with: the following person to serve as mediator: Name; Mark Davidson Address: 6300 W Loop S., Ste 415, Bellaire, 1™ 77401 Phone: 713-395-4201 Fax: Email: mdljudge@yahoo.com Plaintiff's amomey Shall s provide a copy of the DCO to the mediator named herein. J.J DEADLINE TO Fite “ALL MOTIONS; except Motions in’ Limine, AND FOR MOVANT TO SECURE DATES AND TIMES FOR HEARINGS, NO HEARINGS WILL BE SET UNTIL A MOTION AND ORDER SETTING /HEARING ARE ON: FILE WITH THE CLERK, This includes motions to exclude expért testimony-and any.other. challenges to expert testimony (6:wéeks prior to pre-trial). 10. 6/6" / 24 at 40:00 am. Pre-Trial Conference set; Court will only hear announcement. of parties and motions to continue at this setting. Parties to submit Exhibits for trial at this time. a fe appear wi it be} grounds for.dismissal for want.of prosecution. 114. af hs <.m. Trial by Jury-is set for. one-week docket commericing ‘on this date. Prior to> faienconiane of voir dire, parties are ordered.to, exchange the following and. discuss what the parties will agreé to and-what issues are contested: X Proposed jury instructions and questions X._-Motion in Limine: X x Exhibit list Xl Labeled and numbered exhibits i = x Witness lists (inform Court at earliest opportunity of. scheduling problems relating to witnesses). 12. 6 /AT/ 24a 9:00 €_.m:. Bench Trial before Court is set. 13 Any attorney representing.a party who files bankruptcy during the pendency of the litigation must submit.a written report advising the Court of the status of such bankruptcy on the 2™ Monday in January and the. 2™ Monday in July. 14, Proposed: Findings of Fact and Conclusions of Law to be exchanged prior to trial date. 45 All attorneys shall-abide by the Supreme Court of Texas and The Court of Criminal Appeals Texas. Lawyer's. Creed. 16. Cases not reached for trial during’a trial sitting will be notified tiyt the Court. Parties.will then heed to file with the District Clerk anew Docket Control Order anda Motion for Continuance if. needed. ‘Written notice must be given to the Court of any changes.in this. DCO. This:includes settlement, Rule 41 Agreements, cantellation of. heatingé-< etc. Numbers 9, 10, 11. or 12 cannot be changed without leave ‘of the Court. SIGNED ON Sept 3 ,2BDF QE JUDGE PATRICIA GRADY 212" Judicial District Court APPROVED: COUNSEL vee @/ COUNSEL FOR OTHER PARTIES: By requesting entry of this Discovery and Docket Control Order, counsel acknowledge they are aware of the deadlines, and acknowledge'there is no guarantee ofa continuance.’ 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. Mason Malone on behalf of James Hannagan Bar.No. 24059889 Mmalone@gpd.com . Envelope ID: 79427966 Filing Code Description: Proposed Order Filing Description: First Amended. Civil Discovery and: 2 ae Control " Order Status as of 9/12/2023.8:28 AM CST Associated Case Party: VR Fairways Holdings ‘Limited oe (Fairways At South Shore Apartments) Name BarNumber | Email TimestampSubmitted Status James.D. Hannagan jhannagan@gpd.com |'9/11/2023 5:02:00 PM. SENT Associated Case Party: Galveston Central Appraisal District Name. BarNumber | Email TimestampSubmitted Status: Nicholas Perez nperez@galvestoncad.org |-9/11/2023- 5:02:00 PM SENT