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RECEIVED AND FILED
FOR RECORD
10/3/2023 4:04pm
CAUSE NO. 23-07-10966 Melisa Miller, District Clerk
Montgomery County, Texas
MEGAN LOUISE MOTHERWAY § IN THE DISTRICT COURT OF
AND § 4107 JUDICIAL DISTRICT
MARC ROBERT GIBBS. § MONTGOMERY, COUNTY, TEXAS
DOCKET CONTROL ORDER AND NOTICE OF INTENT TO DISMISS
FAMILY, NON-JURY
IT IS ORDERED that the following Docket Control Order and Notice of Intent to Dismiss
(hereinafter “Order”) shall control the disposition of this matter, and that all parties and counsel shall comply
with this Order. Failure to comply with this Order may result in the Court issuing sanctions against a non-
compliant party.
This case has been set for TRIAL on SEPTEMBER 30, 2024, at 9:00 a.m.
This case has been set for a dismissal docket heard by submission (no personal appearance) on
SEPTEMBER 25, 2024, at 9:00 a.m. See the Notice of Intent to Dismiss below, and the attendant
instructions and orders contained in same.
The following dates and deadlines contained in this Order are firm and are not subject to
change between the parties without written order from the Court allowing for same: a) the trial date; b)
the dismissal hearing by submission date; c) the deadline for filing continuances for submission; d) the
deadline for final mediations; e) the deadline for challenging experts; and f) the deadline for setting a motion for
summary judgment by submission. All other dates may be modified by Rule 11 of the Texas Rules of Civil
Procedure (hereinafter “TRCP”). The TRCP shall control in computing any period of time prescribed, allowed,
or not addressed within this Order. Any deadline or date contained herein that falls on a weekend or legal
holiday (as determined by the Montgomery County Commissioners Court) shall be moved to the next business
day that does not fall on a weekend or legal holiday.
IT IS FURTHER ORDERED that the party causing the joinder of any new party following the issuance
of this Order shall serve a copy of this Order to the new party at the earliest occurrence of either the time of
service of process (included in the citation and the return of service as having been served upon the new
party), or appearance in the case (in which case it may be served by Rule 21a notice). It is the duty of each
party and attorney, not the Court, to ensure that all parties joined after the issuance of this Order, including
intervening parties, be properly served with this Order. FAILURE TO COMPLY WITH THIS PROVISION
SHALL BE GROUNDS FOR DISMISSAL AT THE TIME OF THE DISMISSAL HEARING BY SUBMISSION.
IT IS FURTHER ORDERED that a party who timely pays a jury fee and demands a jury after the date
of this scheduling order shall contact the Court Coordinator to be placed on the jury trial calendar.
IT IS FURTHER ORDERED that all parties/attorneys shall familiarize him/herself with, and are hereby
charged with the knowledge of, the Court’s Standing Orders, which can be found on the Court's website:
www.metx.org.
1. 90 DAYS BEFORE TRIAL JOINDER: By this date, all parties must be added and served, whether
by amendment or by third-party practice, and in accordance with the
provisions set forth above regarding same.
EXPERT WITNESS DESIGNATION: A list shall be filed that includes
each expert's name, address, telephone number(s), and the subject of the
testimony and opinions that will be proffered by each expert. This
designation is not a substitute for any required discovery
supplementation, and specifically is in addition to and not in lieu of
responses to Rule 194 requests for disclosure. Experts not listed in
compliance with this paragraph will not be permitted to testify
absent a showing of an exception under Rule 193.6.
(a) 90 DAYS BEFORE TRIAL Petitioner(s); and
(b) 75 DAYS BEFORE TRIAL All other parties.
3. 60 DAYS BEFORE TRIAL DEPOSITIONS DEADLINE: All deposition notices must be served by
this date, and the depositions must be completed no later than 30 days
prior to the trial date.
4. 30 DAYS BEFORE TRIAL PLEADINGS. All amendments and supplements must be filed by this
date. This order does not preclude prompt filing of pleadings directly
responsive to any timely filed pleadings.
5. 30 DAYS BEFORE TRIAL EXPERT CHALLENGE HEARINGS: All challenges to expert witnesses
must be set for a hearing to occur by this date. Failure to obtain such a
hearing may be considered by the Court to be a waiver of any Rule 702
objection.
6. 30 DAYS BEFORE TRIAL SUMMARY JUDGMENT SUBMISSIONS: All such motions shall be set
for a submission docket which is no later than this date.
7. 30 DAYS BEFORE TRIAL SWORN INVENTORY AND APPRAISEMENT AND FINANCIAL
INFORMATION STATEMENT: On or before this date, all parties in a suit
involving the division of the marital estate shall file a Sworn Inventory and
Appraisement of all property, both real and personal, owned or claimed
by the parties. Failure to file same will result in the Court adopting as
stipulated the values of assets and debts in a timely filed Inventory and
Appraisement of the complying party. If all parties fail to file sworn
Inventory and Appraisements, the Court may consider said inaction as a
failure to prosecute the case, and an abandonment of issues, which may
result in the case being dismissed at the time of the dismissal hearing by
submission, as set herein. Additionally, on or before this date, all parties
in all family cases shall file a Financial Information Statement.
8. 14 DAYS BEFORE TRIAL MOTIONS FOR CONTINUANCE: All motions for continuance of the trial
date must be filed at least 14 days before the trial date, and shall be
heard by submission. All non-agreed motions shall be set for a
submission docket which is no later than this date, and said motions must
be in compliance with the Local Rules of Montgomery County regarding
submissions, and in compliance with Rule 251 TRCP. Agreed/joint
motions for continuance shall be considered by the Court without the
necessity of a formal submission hearing date, if they are agreed and
signed by all lead counsel and pro se parties in the case and filed 14 days
before the trial date. Except in exigent circumstances, no untimely filed
motions for continuance will be heard by the Court prior to the trial date.
9. 14 DAYS BEFORE TRIAL JOINT PRETRIAL STATUS REPORT: No later than by noon 14 days
before the trial date set herein, each attorney and/or pro se party to this
suit must complete, sign, file, and email to the Court Administrator the
Joint Pretrial Status Report that is attached to this Order as Exhibit “A”
and incorporated by reference herein. THE FAILURE TO TIMELY
COMPLETE, FILE, AND EMAIL THE JOINT PRETRIAL STATUS
REPORT BY AT LEAST ONE ATTORNEY OR PRO SE PARTY IN THE
CASE WILL BE CONSIDERED AS A GROUND FOR DISMISSAL FOR
WANT OF PROSECUTION AT THE TIME OF YOUR DISMISSAL
HEARING BY SUBMISSION, AS SET FORTH FULLY IN THE JOINT
PRETRIAL STATUS REPORT AND IN THE NOTICE OF INTENT TO
DISMISS, BOTH CONTAINED WITHIN THIS ORDER.
10. 10 DAYS BEFORE TRIAL PRETRIAL MATERIALS: On or before 5:00 P.M. on this date, all
attorneys and pro se parties shall file (if explicitly required and stated
herein) and/or serve upon all opposing counsel and pro se parties, the
items listed in the Trial Preparation Order, attached hereto at Exhibit
“B,” and incorporated herein by reference. Any party that fails to comply
with these provisions will be subject to appropriate sanctions and/or the
exclusion of some or all of that party’s evidence.
11 5 DAYS BEFORE TRIAL MEDIATION/ ALTERNATIVE DISPUTE RESOLUTION: By this date,
mediation for final trial must be completed. The parties shall comply with
the Court’s Standing Order regarding mediations.
12. September 25, 2024 NOTICE OF INTENT TO DISMISS BY SUBMISSION DISMISSAL
DOCKET—9:00 A.M. ON THE WEDNESDAY PRIOR TO YOUR TRIAL
DATE HEREIN: THIS CASE MAY BE DISMISSED FOR WANT OF
PROSECUTION ON OR AFTER THE DATE AND TIME OF THIS
DISMISSAL DOCKET BY SUBMISSION if by said date and time any of
the grounds exist that are listed in Exhibit “C,” entitled Notice of Intent to
Dismiss, attached to this Order and incorporated herein by reference.
THIS DOCKET IS BY SUBMISSION (NO IN PERSON APPEARANCE).
13, aoe
SEPTEMBER ovo
30, 2024 TRIAL - 9:00 A.M.: This case is set for TRIAL on a one-week docket
beginning at 9:00 a.m. on the above date. Once the Court receives your
Joint Pretrial Status Report, the Court will set you for final trial/prove
up/default on a date and time certain during your trial week. You are
ORDERED to monitor the Court’s website to determine at what date
and time you should appear:
https://cms.revize.com/revize/montgomerycountytx/7.6.20%20Trial%20Line%2
OUp.pdf
PRETRIAL CONFERENCE:
No Pretrial Conference shall be scheduled unless the Court determines that one is necessary either
sua sponte or upon the motion of a party. If a pre-trial conference is set, the Court will notice the
parties/attorneys of same via email, and the pretrial conference shall occur at 9:00 A.M. on the Wednesday
prior to your trial date. Until further Order from the Court, all appearances for pretrial conferences shall be via
Zoom videoconferencing. DO NOT APPEAR IN PERSON UNLESS THE COURT ISSUES AN ORDER
REQUIRING OTHERWISE, OR UNLESS YOU OBTAIN PERMISSION FROM THE COURT. Please refer to
the Court’s Amended Standing Order regarding remote hearings.
IT IS ORDERED that all lead counsel and pro se parties are required to provide a valid email address
to the District Clerk’s office and/or to the Court at the inception of the case so that the Court may send you
notifications of hearings and credentials for Zoom via e-mail. Failure to provide a valid email as required
herein, or failure to monitor one’s email account shall not be an excuse for failing to appear at a pre-
trial conference, if one is scheduled in your case, as each attorney and pro se party is hereby put on
notice of same.
Signed: October 03, 2023
Jennifer Robin
JENNIFER ROBIN, JUDGE PRESIDING
410TH JUDICIAL DISTRICT COURT
CAUSE NO. 23-07-10966
MEGAN LOUISE MOTHERWAY § IN THE DISTRICT COURT OF
AND § 4107 JUDICIAL DISTRICT
MARC ROBERT GIBBS. § MONTGOMERY, COUNTY, TEXAS
EXHIBIT “A”
JOINT PRETRIAL STATUS REPORT - FAMILY (NON-JURY)
The Court hereby ORDERS that one, completed Joint Pretrial Status Report, signed by all lead counsel
and pro se parties, be completed, filed, and emailed to the Court Administrator by noon fourteen (14) days
prior to your scheduled trial date, as provided in the Docket Control Order and Notice of Intent to
Dismiss. However, if after diligent effort, cooperation is impossible with an opposing party, then each attorney
and pro se party is Ordered to individually complete, sign, file, and email the Pretrial Status Report by the
deadline herein.
Once the Court receives your Joint Pretrial Status Report, the Court will set you for final trial/prove
up/default on a date and time certain during your trial week. You are ORDERED to monitor the Court’s
website to determine at what date and time you should appear.
Unless specifically set by the Court via email notice, you will not have an oral pretrial conference.
4
MSA, Rule 11 Agreement, Arbitration Ruling or Final Proposed Order/Decree signed by all parties and
attorneys resolving all issues filed with the Court?
Yes No
If the answer to #1, is “Yes”, then skip all other sections below and sign where indicated.
If “No”, continue to #2.
No Answer Default Yes No
a If the answer to #2 is “yes”, do you have service on all necessary parties? Yes No
b. If the answer #2 is “yes”, have you complied with (or will comply with) the Court's standing order for
default judgments (see Court's website)? Yes No
c. If you answered “yes” to #2, then skip all other sections below and sign this form where indicated. If
you answered “No” to #2, then continue to sections #3 and #4 below.
Uncontested Termination/Adoption Yes No
a. Case has been reviewed and preapproved by the Court. Yes No
If the answer to #3, is “Yes”, then skip all other questions below and sign where indicated. If you
answered “No” to #3, then answer the following under #4 below.
4 Trial or Expected Post Answer Default Yes No
a. Post Answer Default Expected Yes No
(Attach an explanation as to why a post answer default is expected, how long you need to present
your evidence, and whether you have read the Court's standing order for default judgments on the
Court’s website. Continue answering the questions, below in the event the opposing party(ies)
appear.)
b. Mediation for final trial completed? When? Yes No
c. Inventories and Appraisements filed per Local Rules? Yes No
d. Financial Information Statements filed per Local Rules? Yes No
e. Exhibit List and Witness List filed per Scheduling Order? Yes No
f. Exhibits exchanged or will be exchanged per Scheduling Order? Yes No
g. Pleadings, including all amendments and supplements filed? Yes No
h. All pretrial motions, any Motion for Continuance, and any other motions have been filed, heard and
ruled upon? Yes No
i. Proposed Property Division filed per Scheduling Order (if applicable) and emailed in Excel format to
Court Coordinator? Yes No
j. Do you waive objection and de novo to the Associate Judge Presiding over the trial?
Yes No
j. Amount of time you estimate for your case?
State Type of Case (i.e. Divorce without children, Paternity; Enforcement of Child Support, etc):
State Disputed Issues:
(Attach additional pages if needed)
Stipulations: Attach any stipulations the parties have made regarding the issues in the case. The undersigned
certifies that they are ready for trial and have complied with all ORDERS of the Court.
Attorney for Petitioner/Petitioner Pro Se Attorney for Respondent/Respondent Pro Se
Date Date
Amicus Attorney/Ad Litem Intervenor
Date Date
EXHIBIT “B”
TRIAL PREPARATION ORDER
FAMILY, Non-Jury
Pursuant to Rule 166 of the Texas Rules of Civil Procedure, it is hereby ORDERED that all attorneys and
pro se parties shall timely comply with the following Trial Preparation Order. Any party that fails to comply
with these provisions will be subject to appropriate sanctions and/or the exclusion of some or all of
that party’s evidence.
IT IS ORDERED that on or before 5:00 P.M., ten (10) days prior to your trial date, all attorneys and pro
se parties shall file (if expressly required and stated below) and/or exchange and serve upon all opposing
counsel and pro se parties, and the court (if expressly stated below), the following items:
4
Proposed Division of Property: In divorce cases, a proposed division of property shall be filed
amongst the records in the cause and served upon all opposing counsel and pro se parties. The
proposed division of property shall also be emailed to the Court Administrator (Leslie.Broz@mctx.org)
in Excel format, by the same deadline.
Exhibit List and Exhibits: All exhibits that will be offered at trial shall be pre-marked and identified by
exhibit number on an exhibit list, and a copy of that list along with a copy of all of the pre-marked
exhibits shall be served upon all opposing counsel and pro se parties by the deadline contained in this
Order. Neither the exhibit list nor the exhibits shall be filed among the records in the cause. Prior to
the commencement of trial on the morning of the trial date, the attorneys and pro se parties shall confer
to identify those exhibits to which admissibility may be stipulated. All exhibits not objected to by
opposing counsel shall be admitted into evidence as a first order of business at trial.
Witness List: All witnesses that are anticipated to be called to testify at trial, including all experts and
all attorneys testifying as to attorney fees, shall be identified on a witness list that is exchanged and
served upon all opposing counsel and pro se parties by the deadline contained in this Order. This
witness list shall not be filed amongst the records in the cause.
Deposition Excerpts: All deposition excerpts that may be offered at trial in lieu of live testimony, shall
be identified by specific designated pages and line numbers, and served upon all opposing counsel and
pro se parties by the deadline contained in this Order. This list of deposition excerpts shall not be filed
amongst the records in the cause.
Proposed Findings of Fact and Conclusions of Law: If the trial is to the bench, proposed findings of
Fact and Conclusions of Law shall be filed amongst the records of the cause, served upon all opposing
counsel and pro se parties, and provided via email to the Court Administrator by the deadline contained
in this Order.
Trial Briefs and/or Authorities: Any trial briefs that a party would like the Court to consider at the time
of trial should be filed amongst the records in the cause and served upon all opposing counsel and pro
se parties by the deadline contained in this Order. Any cases and other legal authority that a party
would like the Court to consider at the time of trial should be emailed to the Court Administrator by the
deadline contained in this Order.
Audio/visual_ Needs: All counsel and pro se parties shall advise the Court Administrator of any
audio/visual needs for the trial, or other special needs for the presentation of their case, by the deadline
contained in this Order.
All other pre-trial discovery, deadlines, and other matters shall be governed by the DOCKET CONTROL
ORDER AND NOTICE OF INTENT TO DISMISS issued in this case and by the Texas Rules of Civil
Procedure.
All counsel shall be familiar with and shall comply with THE TEXAS LAWYER’S CREED.
Signed: October 03, 2023
Jennifer Robin
JENNIFER ROBIN, JUDGE PRESIDING
410TH JUDICIAL DISTRICT COURT
EXHIBIT “C”
NOTICE OF INTENT TO DISMISS
THE COURT HAS SET THIS NOTICE OF INTENT TO DISMISS FOR HEARING BY SUBMISSION
(NO IN PERSON APPEARANCE) ON September 25, 2024 at 9:00 O'CLOCK A.M. AT THIS SUBMISSION
HEARING, THE COURT WILL CONSIDER WHETHER TO DISMISS THE CASE FOR ANY OF THE
FOLLOWING REASONS:
1) There is no:
a. Service with citation;
b. Answer or properly executed Waiver on file;
c. Mediation for final trial completed in accordance with the Court’s Standing Order for Mediations and
within the deadline contained in the Docket Control Order and Notice of Intent to Dismiss.
d. Genetic testing completed, if applicable to the case pursuant to Chapter 160 of the Texas Family
Code, and/or the results have not been obtained for said testing, by this date;
2) The case has been pending beyond the Time Standards for Disposition of Cases set by the Texas
Supreme Court (Rule 6, Rules of Judicial Administration);
3) One or more parties has failed to timely comply with the Court's orders regarding the Joint Pretrial
Status Report and the Docket Control Order and Notice of Intent to Dismiss;
4) One or more parties has failed to timely file a Motion to Retain the case in accordance with the
provisions below.
If you wish for the Court to consider retaining this case on the docket, A MOTION TO RETAIN MUST
BE FILED AT LEAST SEVEN (7) DAYS PRIOR TO THE DATE AND TIME OF THE SUBMISSION
HEARING, specifying the due diligence undertaken in this case, and showing good cause why the case should
not be dismissed. If your case has been pending beyond the Time Standards for Disposition of Cases set forth
by the Texas Supreme Court, your Motion to Retain must also state with specificity: 1) the length of time the
case has been on file; 2) the extent of activity in the case; and 3) whether there are any reasonable excuses
for the delay.
ABSENT REASONABLE EXCUSE, THE FAILURE TO TIMELY FILE A MOTION TO RETAIN
COMPLYING WITH THE REQUIREMENTS HEREIN WILL AUTOMATICALLY RESULT IN THE CASE
BEING DISMISSED AT THE DATE AND TIME OF THE DISMISSAL HEARING BY SUBMISSION. A party
filing a Motion to Retain may request an oral hearing on same, but the request must be contained within the
timely filed Motion to Retain, and an oral hearing on same will only be granted if the Motion to Retain is timely
filed and contains all of the information required herein. An oral hearing will only be granted if all requirements
of the Motion to Retain are timely met, and only if the Court is still considering dismissing the case after
reviewing the timely filed Motion to Retain.
Signed: October 03, 2023
iv Jennifer Robin
JENNIFER ROBIN, JUDGE PRESIDING
410TH JUDICIAL DISTRICT COURT
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RECEIVED AND FILED FOR RECORD 10/3/2023 4:04pm CAUSE NO. 23-07-10966 Melisa Miller, District Clerk Montgomery County, Texas MEGAN LOUISE MOTHERWAY § IN THE DISTRICT COURT OF AND § 4107 JUDICIAL DISTRICT MARC ROBERT GIBBS. § MONTGOMERY, COUNTY, TEXAS DOCKET CONTROL ORDER AND NOTICE OF INTENT TO DISMISS FAMILY, NON-JURY IT IS ORDERED that the following Docket Control Order and Notice of Intent to Dismiss (hereinafter “Order”) shall control the disposition of this matter, and that all parties and counsel shall comply with this Order. Failure to comply with this Order may result in the Court issuing sanctions against a non- compliant party. This case has been set for TRIAL on SEPTEMBER 30, 2024, at 9:00 a.m. This case has been set for a dismissal docket heard by submission (no personal appearance) on SEPTEMBER 25, 2024, at 9:00 a.m. See the Notice of Intent to Dismiss below, and the attendant instructions and orders contained in same. The following dates and deadlines contained in this Order are firm and are not subject to change between the parties without written order from the Court allowing for same: a) the trial date; b) the dismissal hearing by submission date; c) the deadline for filing continuances for submission; d) the deadline for final mediations; e) the deadline for challenging experts; and f) the deadline for setting a motion for summary judgment by submission. All other dates may be modified by Rule 11 of the Texas Rules of Civil Procedure (hereinafter “TRCP”). The TRCP shall control in computing any period of time prescribed, allowed, or not addressed within this Order. Any deadline or date contained herein that falls on a weekend or legal holiday (as determined by the Montgomery County Commissioners Court) shall be moved to the next business day that does not fall on a weekend or legal holiday. IT IS FURTHER ORDERED that the party causing the joinder of any new party following the issuance of this Order shall serve a copy of this Order to the new party at the earliest occurrence of either the time of service of process (included in the citation and the return of service as having been served upon the new party), or appearance in the case (in which case it may be served by Rule 21a notice). It is the duty of each party and attorney, not the Court, to ensure that all parties joined after the issuance of this Order, including intervening parties, be properly served with this Order. FAILURE TO COMPLY WITH THIS PROVISION SHALL BE GROUNDS FOR DISMISSAL AT THE TIME OF THE DISMISSAL HEARING BY SUBMISSION. IT IS FURTHER ORDERED that a party who timely pays a jury fee and demands a jury after the date of this scheduling order shall contact the Court Coordinator to be placed on the jury trial calendar. IT IS FURTHER ORDERED that all parties/attorneys shall familiarize him/herself with, and are hereby charged with the knowledge of, the Court’s Standing Orders, which can be found on the Court's website: www.metx.org. 1. 90 DAYS BEFORE TRIAL JOINDER: By this date, all parties must be added and served, whether by amendment or by third-party practice, and in accordance with the provisions set forth above regarding same. EXPERT WITNESS DESIGNATION: A list shall be filed that includes each expert's name, address, telephone number(s), and the subject of the testimony and opinions that will be proffered by each expert. This designation is not a substitute for any required discovery supplementation, and specifically is in addition to and not in lieu of responses to Rule 194 requests for disclosure. Experts not listed in compliance with this paragraph will not be permitted to testify absent a showing of an exception under Rule 193.6. (a) 90 DAYS BEFORE TRIAL Petitioner(s); and (b) 75 DAYS BEFORE TRIAL All other parties. 3. 60 DAYS BEFORE TRIAL DEPOSITIONS DEADLINE: All deposition notices must be served by this date, and the depositions must be completed no later than 30 days prior to the trial date. 4. 30 DAYS BEFORE TRIAL PLEADINGS. All amendments and supplements must be filed by this date. This order does not preclude prompt filing of pleadings directly responsive to any timely filed pleadings. 5. 30 DAYS BEFORE TRIAL EXPERT CHALLENGE HEARINGS: All challenges to expert witnesses must be set for a hearing to occur by this date. Failure to obtain such a hearing may be considered by the Court to be a waiver of any Rule 702 objection. 6. 30 DAYS BEFORE TRIAL SUMMARY JUDGMENT SUBMISSIONS: All such motions shall be set for a submission docket which is no later than this date. 7. 30 DAYS BEFORE TRIAL SWORN INVENTORY AND APPRAISEMENT AND FINANCIAL INFORMATION STATEMENT: On or before this date, all parties in a suit involving the division of the marital estate shall file a Sworn Inventory and Appraisement of all property, both real and personal, owned or claimed by the parties. Failure to file same will result in the Court adopting as stipulated the values of assets and debts in a timely filed Inventory and Appraisement of the complying party. If all parties fail to file sworn Inventory and Appraisements, the Court may consider said inaction as a failure to prosecute the case, and an abandonment of issues, which may result in the case being dismissed at the time of the dismissal hearing by submission, as set herein. Additionally, on or before this date, all parties in all family cases shall file a Financial Information Statement. 8. 14 DAYS BEFORE TRIAL MOTIONS FOR CONTINUANCE: All motions for continuance of the trial date must be filed at least 14 days before the trial date, and shall be heard by submission. All non-agreed motions shall be set for a submission docket which is no later than this date, and said motions must be in compliance with the Local Rules of Montgomery County regarding submissions, and in compliance with Rule 251 TRCP. Agreed/joint motions for continuance shall be considered by the Court without the necessity of a formal submission hearing date, if they are agreed and signed by all lead counsel and pro se parties in the case and filed 14 days before the trial date. Except in exigent circumstances, no untimely filed motions for continuance will be heard by the Court prior to the trial date. 9. 14 DAYS BEFORE TRIAL JOINT PRETRIAL STATUS REPORT: No later than by noon 14 days before the trial date set herein, each attorney and/or pro se party to this suit must complete, sign, file, and email to the Court Administrator the Joint Pretrial Status Report that is attached to this Order as Exhibit “A” and incorporated by reference herein. THE FAILURE TO TIMELY COMPLETE, FILE, AND EMAIL THE JOINT PRETRIAL STATUS REPORT BY AT LEAST ONE ATTORNEY OR PRO SE PARTY IN THE CASE WILL BE CONSIDERED AS A GROUND FOR DISMISSAL FOR WANT OF PROSECUTION AT THE TIME OF YOUR DISMISSAL HEARING BY SUBMISSION, AS SET FORTH FULLY IN THE JOINT PRETRIAL STATUS REPORT AND IN THE NOTICE OF INTENT TO DISMISS, BOTH CONTAINED WITHIN THIS ORDER. 10. 10 DAYS BEFORE TRIAL PRETRIAL MATERIALS: On or before 5:00 P.M. on this date, all attorneys and pro se parties shall file (if explicitly required and stated herein) and/or serve upon all opposing counsel and pro se parties, the items listed in the Trial Preparation Order, attached hereto at Exhibit “B,” and incorporated herein by reference. Any party that fails to comply with these provisions will be subject to appropriate sanctions and/or the exclusion of some or all of that party’s evidence. 11 5 DAYS BEFORE TRIAL MEDIATION/ ALTERNATIVE DISPUTE RESOLUTION: By this date, mediation for final trial must be completed. The parties shall comply with the Court’s Standing Order regarding mediations. 12. September 25, 2024 NOTICE OF INTENT TO DISMISS BY SUBMISSION DISMISSAL DOCKET—9:00 A.M. ON THE WEDNESDAY PRIOR TO YOUR TRIAL DATE HEREIN: THIS CASE MAY BE DISMISSED FOR WANT OF PROSECUTION ON OR AFTER THE DATE AND TIME OF THIS DISMISSAL DOCKET BY SUBMISSION if by said date and time any of the grounds exist that are listed in Exhibit “C,” entitled Notice of Intent to Dismiss, attached to this Order and incorporated herein by reference. THIS DOCKET IS BY SUBMISSION (NO IN PERSON APPEARANCE). 13, aoe SEPTEMBER ovo 30, 2024 TRIAL - 9:00 A.M.: This case is set for TRIAL on a one-week docket beginning at 9:00 a.m. on the above date. Once the Court receives your Joint Pretrial Status Report, the Court will set you for final trial/prove up/default on a date and time certain during your trial week. You are ORDERED to monitor the Court’s website to determine at what date and time you should appear: https://cms.revize.com/revize/montgomerycountytx/7.6.20%20Trial%20Line%2 OUp.pdf PRETRIAL CONFERENCE: No Pretrial Conference shall be scheduled unless the Court determines that one is necessary either sua sponte or upon the motion of a party. If a pre-trial conference is set, the Court will notice the parties/attorneys of same via email, and the pretrial conference shall occur at 9:00 A.M. on the Wednesday prior to your trial date. Until further Order from the Court, all appearances for pretrial conferences shall be via Zoom videoconferencing. DO NOT APPEAR IN PERSON UNLESS THE COURT ISSUES AN ORDER REQUIRING OTHERWISE, OR UNLESS YOU OBTAIN PERMISSION FROM THE COURT. Please refer to the Court’s Amended Standing Order regarding remote hearings. IT IS ORDERED that all lead counsel and pro se parties are required to provide a valid email address to the District Clerk’s office and/or to the Court at the inception of the case so that the Court may send you notifications of hearings and credentials for Zoom via e-mail. Failure to provide a valid email as required herein, or failure to monitor one’s email account shall not be an excuse for failing to appear at a pre- trial conference, if one is scheduled in your case, as each attorney and pro se party is hereby put on notice of same. Signed: October 03, 2023 Jennifer Robin JENNIFER ROBIN, JUDGE PRESIDING 410TH JUDICIAL DISTRICT COURT CAUSE NO. 23-07-10966 MEGAN LOUISE MOTHERWAY § IN THE DISTRICT COURT OF AND § 4107 JUDICIAL DISTRICT MARC ROBERT GIBBS. § MONTGOMERY, COUNTY, TEXAS EXHIBIT “A” JOINT PRETRIAL STATUS REPORT - FAMILY (NON-JURY) The Court hereby ORDERS that one, completed Joint Pretrial Status Report, signed by all lead counsel and pro se parties, be completed, filed, and emailed to the Court Administrator by noon fourteen (14) days prior to your scheduled trial date, as provided in the Docket Control Order and Notice of Intent to Dismiss. However, if after diligent effort, cooperation is impossible with an opposing party, then each attorney and pro se party is Ordered to individually complete, sign, file, and email the Pretrial Status Report by the deadline herein. Once the Court receives your Joint Pretrial Status Report, the Court will set you for final trial/prove up/default on a date and time certain during your trial week. You are ORDERED to monitor the Court’s website to determine at what date and time you should appear. Unless specifically set by the Court via email notice, you will not have an oral pretrial conference. 4 MSA, Rule 11 Agreement, Arbitration Ruling or Final Proposed Order/Decree signed by all parties and attorneys resolving all issues filed with the Court? Yes No If the answer to #1, is “Yes”, then skip all other sections below and sign where indicated. If “No”, continue to #2. No Answer Default Yes No a If the answer to #2 is “yes”, do you have service on all necessary parties? Yes No b. If the answer #2 is “yes”, have you complied with (or will comply with) the Court's standing order for default judgments (see Court's website)? Yes No c. If you answered “yes” to #2, then skip all other sections below and sign this form where indicated. If you answered “No” to #2, then continue to sections #3 and #4 below. Uncontested Termination/Adoption Yes No a. Case has been reviewed and preapproved by the Court. Yes No If the answer to #3, is “Yes”, then skip all other questions below and sign where indicated. If you answered “No” to #3, then answer the following under #4 below. 4 Trial or Expected Post Answer Default Yes No a. Post Answer Default Expected Yes No (Attach an explanation as to why a post answer default is expected, how long you need to present your evidence, and whether you have read the Court's standing order for default judgments on the Court’s website. Continue answering the questions, below in the event the opposing party(ies) appear.) b. Mediation for final trial completed? When? Yes No c. Inventories and Appraisements filed per Local Rules? Yes No d. Financial Information Statements filed per Local Rules? Yes No e. Exhibit List and Witness List filed per Scheduling Order? Yes No f. Exhibits exchanged or will be exchanged per Scheduling Order? Yes No g. Pleadings, including all amendments and supplements filed? Yes No h. All pretrial motions, any Motion for Continuance, and any other motions have been filed, heard and ruled upon? Yes No i. Proposed Property Division filed per Scheduling Order (if applicable) and emailed in Excel format to Court Coordinator? Yes No j. Do you waive objection and de novo to the Associate Judge Presiding over the trial? Yes No j. Amount of time you estimate for your case? State Type of Case (i.e. Divorce without children, Paternity; Enforcement of Child Support, etc): State Disputed Issues: (Attach additional pages if needed) Stipulations: Attach any stipulations the parties have made regarding the issues in the case. The undersigned certifies that they are ready for trial and have complied with all ORDERS of the Court. Attorney for Petitioner/Petitioner Pro Se Attorney for Respondent/Respondent Pro Se Date Date Amicus Attorney/Ad Litem Intervenor Date Date EXHIBIT “B” TRIAL PREPARATION ORDER FAMILY, Non-Jury Pursuant to Rule 166 of the Texas Rules of Civil Procedure, it is hereby ORDERED that all attorneys and pro se parties shall timely comply with the following Trial Preparation Order. Any party that fails to comply with these provisions will be subject to appropriate sanctions and/or the exclusion of some or all of that party’s evidence. IT IS ORDERED that on or before 5:00 P.M., ten (10) days prior to your trial date, all attorneys and pro se parties shall file (if expressly required and stated below) and/or exchange and serve upon all opposing counsel and pro se parties, and the court (if expressly stated below), the following items: 4 Proposed Division of Property: In divorce cases, a proposed division of property shall be filed amongst the records in the cause and served upon all opposing counsel and pro se parties. The proposed division of property shall also be emailed to the Court Administrator (Leslie.Broz@mctx.org) in Excel format, by the same deadline. Exhibit List and Exhibits: All exhibits that will be offered at trial shall be pre-marked and identified by exhibit number on an exhibit list, and a copy of that list along with a copy of all of the pre-marked exhibits shall be served upon all opposing counsel and pro se parties by the deadline contained in this Order. Neither the exhibit list nor the exhibits shall be filed among the records in the cause. Prior to the commencement of trial on the morning of the trial date, the attorneys and pro se parties shall confer to identify those exhibits to which admissibility may be stipulated. All exhibits not objected to by opposing counsel shall be admitted into evidence as a first order of business at trial. Witness List: All witnesses that are anticipated to be called to testify at trial, including all experts and all attorneys testifying as to attorney fees, shall be identified on a witness list that is exchanged and served upon all opposing counsel and pro se parties by the deadline contained in this Order. This witness list shall not be filed amongst the records in the cause. Deposition Excerpts: All deposition excerpts that may be offered at trial in lieu of live testimony, shall be identified by specific designated pages and line numbers, and served upon all opposing counsel and pro se parties by the deadline contained in this Order. This list of deposition excerpts shall not be filed amongst the records in the cause. Proposed Findings of Fact and Conclusions of Law: If the trial is to the bench, proposed findings of Fact and Conclusions of Law shall be filed amongst the records of the cause, served upon all opposing counsel and pro se parties, and provided via email to the Court Administrator by the deadline contained in this Order. Trial Briefs and/or Authorities: Any trial briefs that a party would like the Court to consider at the time of trial should be filed amongst the records in the cause and served upon all opposing counsel and pro se parties by the deadline contained in this Order. Any cases and other legal authority that a party would like the Court to consider at the time of trial should be emailed to the Court Administrator by the deadline contained in this Order. Audio/visual_ Needs: All counsel and pro se parties shall advise the Court Administrator of any audio/visual needs for the trial, or other special needs for the presentation of their case, by the deadline contained in this Order. All other pre-trial discovery, deadlines, and other matters shall be governed by the DOCKET CONTROL ORDER AND NOTICE OF INTENT TO DISMISS issued in this case and by the Texas Rules of Civil Procedure. All counsel shall be familiar with and shall comply with THE TEXAS LAWYER’S CREED. Signed: October 03, 2023 Jennifer Robin JENNIFER ROBIN, JUDGE PRESIDING 410TH JUDICIAL DISTRICT COURT EXHIBIT “C” NOTICE OF INTENT TO DISMISS THE COURT HAS SET THIS NOTICE OF INTENT TO DISMISS FOR HEARING BY SUBMISSION (NO IN PERSON APPEARANCE) ON September 25, 2024 at 9:00 O'CLOCK A.M. AT THIS SUBMISSION HEARING, THE COURT WILL CONSIDER WHETHER TO DISMISS THE CASE FOR ANY OF THE FOLLOWING REASONS: 1) There is no: a. Service with citation; b. Answer or properly executed Waiver on file; c. Mediation for final trial completed in accordance with the Court’s Standing Order for Mediations and within the deadline contained in the Docket Control Order and Notice of Intent to Dismiss. d. Genetic testing completed, if applicable to the case pursuant to Chapter 160 of the Texas Family Code, and/or the results have not been obtained for said testing, by this date; 2) The case has been pending beyond the Time Standards for Disposition of Cases set by the Texas Supreme Court (Rule 6, Rules of Judicial Administration); 3) One or more parties has failed to timely comply with the Court's orders regarding the Joint Pretrial Status Report and the Docket Control Order and Notice of Intent to Dismiss; 4) One or more parties has failed to timely file a Motion to Retain the case in accordance with the provisions below. If you wish for the Court to consider retaining this case on the docket, A MOTION TO RETAIN MUST BE FILED AT LEAST SEVEN (7) DAYS PRIOR TO THE DATE AND TIME OF THE SUBMISSION HEARING, specifying the due diligence undertaken in this case, and showing good cause why the case should not be dismissed. If your case has been pending beyond the Time Standards for Disposition of Cases set forth by the Texas Supreme Court, your Motion to Retain must also state with specificity: 1) the length of time the case has been on file; 2) the extent of activity in the case; and 3) whether there are any reasonable excuses for the delay. ABSENT REASONABLE EXCUSE, THE FAILURE TO TIMELY FILE A MOTION TO RETAIN COMPLYING WITH THE REQUIREMENTS HEREIN WILL AUTOMATICALLY RESULT IN THE CASE BEING DISMISSED AT THE DATE AND TIME OF THE DISMISSAL HEARING BY SUBMISSION. A party filing a Motion to Retain may request an oral hearing on same, but the request must be contained within the timely filed Motion to Retain, and an oral hearing on same will only be granted if the Motion to Retain is timely filed and contains all of the information required herein. An oral hearing will only be granted if all requirements of the Motion to Retain are timely met, and only if the Court is still considering dismissing the case after reviewing the timely filed Motion to Retain. Signed: October 03, 2023 iv Jennifer Robin JENNIFER ROBIN, JUDGE PRESIDING 410TH JUDICIAL DISTRICT COURT