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Photo of Collin County

Court

Collin County

Texas

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Case Information

Filed 2023-02-23
Status Pending
Type Motor Vehicle
Docket 168 entries

Parties

Plaintiff Fitzgerald, Randal
Defendant Calhar Construction, Inc.
Photo of Hon. Dismissal For Want Of Prosecution (8:30 Am) (judicial Officer Nowak, Christine)

Judge

Hon. Dismissal For Want Of Prosecution (8:30 Am) (judicial Officer Nowak, Christine)

Collin County (TX)

Texas

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Lawyers

Docket Entries

  1. Plaintiff's Original Petition (OCA) $371.00 Plaintiffs' Original Petition
  2. Request for Citation $8.00
  3. Jury Trial Requested $10.00
  4. Citation Calhar Construction, Inc. Unserved
  5. Original Answer Defendant Calhar Construction, Inc.'s Answer to Plaintiffs' Original Petition
  6. Notice Notice of Deposition on Written Questions
  7. Notice Notice of Deposition on Written Questions
  8. Notice Plaintiffs' Notice of Removal as Counsel of Record
  9. Certificate of Deposition (Bill of Cost Form) Re: Deposition by Written Questions Propounded to the Witness: Custodian of Business Records for: Texas Department of Public Safety Pertaining to: Calhar Construction, Inc. USDOT #1330324
  10. Certificate of Deposition (Bill of Cost Form) Deposition by Written Questions - Driver History Records for Texas Department of Public Safety
  11. Discovery Control Plan and Scheduling Order Discovery Control Plan and Scheduling Order (Level 3 - Civil)
  12. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Oral Deposition of Sara Ford July 12, 2023 (Reported Remotely)
  13. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Remote Oral and Video-Recorded Deposition of Rodney Ellis, II June 20, 2023 Volume I
  14. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Aaron Pratt June 15, 2023
  15. CANCELED Dismissal for Want of Prosecution (8:25 AM) (Judicial Officer Willis, Jill Renfro) Agreed Discovery Control Plan/Scheduling Order Entered
  16. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Haskel Hoine, Ph.D. July 13, 2023
  17. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Randolph W. Evans, M.D. August 3, 2023
  18. Administrative Order Order signed 9/29/2023 to transfer to the 493rd Court. Order scanned into minutes.
  19. Certificate of Deposition (Bill of Cost Form) Reporter's Certification Deposition of Daniel E. Guiterrez, D.O. August 15, 2023
  20. Motion Plaintiffs' Motion to Compel Discovery Responses from Non-Party Cornerstone Safety LLC
  21. Supplemental Plaintiffs' Seventh Supplemental Notice of Service and Filing Record Affidavits and Certified Copies
  22. Notice of Hearing Plaintiffs' Notice of Hearing
  23. Affidavit Affidavit of Service - Cornerstone Safety LLC - Motion to Compel and Notice of Hearing
  24. Motion Hearing (1:15 PM) (Judicial Officer Nowak, Christine) Plaintiffs' Motion to Compel Discovery Responses from Non-Party Cornerstone Safety LLC
  25. Order Order Granting Plaintiffs' Motion to Compel Discovery Responses from Non-Party Cornerstone Safety LLC
  26. Judge's Docket Entry Hearing held on Motion to Compel Discovery Responses from Non-Party Cornerstone Safety, LLC. Non-Party failed to appear. Notice of hearing and Motion provided to Non-Party. No response filed. Court heard argument. Court grants Motion to Compel.
  27. Deputy Reporter Statement Deputy Court Reporter Statement
  28. Discovery Control Plan and Scheduling Order Discovery Control Plan and Scheduling Order (Level 3 - Civil)
  29. Certificate of Deposition (Bill of Cost Form) Oral and Videotaped Deposition of Laura J Lampton, RN, BSN, CRRN, CNLCP November 14, 2023 Vol 1 of 1 (Reported Remotely)
  30. CANCELED Motion to Enter (9:00 AM) (Judicial Officer Nowak, Christine) Agreed Discovery Control Plan/Scheduling Order Entered
  31. Affidavit Affidavit of Service - Cornerstone Safety LLC - Motion to Compel Discovery Responses and Order Granting Motion to Compel Discovery Responses from Non-Party Cornerstone Safety LLC
  32. Certificate of Deposition (Bill of Cost Form) Reporter's Certificate Oral Videotaped Deposition of Lew Grill February 9, 2024
  33. Motion Defendant's Motion to Exclude the Testimony of Plaintiffs' Expert, Lewis J. Grill
  34. Motion Defendant Calhar Construction, Inc.'s Motion to Compel Elevate Health Clinic, LLC to Respond to Second Amended Notice on Deposition on Written Questions and Subpoena
  35. Motion Defendant Calhar Construction, INC's Motion To Compel Elevate Health Clinic, LLC to Respond to Second Amended Notice on Depositions on Written Questions and Subpoena
  36. Motion Defendant's Motion to Exclude the Testimony of Plaintiffs' Expert, Laura Lampton
  37. Exhibit Exhibit A
  38. Exhibit Exhibit B
  39. Motion Defendant Calhar Construction, Inc.'s Motion to Compel Absolute Chiropractic & Rehab to Respond to Subpoena and Depositions on Written Questions
  40. Exhibit EXHIBIT A- Defendants' Second Amended Notice of Deposition on Written Questions and Subpoena of Absolute Chiropractic & Rehab
  41. Exhibit EXHIBIT B- Deposition on Written Questions and Requests for Production to Absolute Chiropractic & Rehab
  42. Motion for Summary Judgment Defendant Calhar Construction, Inc.'s Motion For partial Traditional And No-Evidence Summary Judgment On Plaintiffs' Gross Negligence Claim
  43. Motion Defendant Calhar Construction, Inc,'s Motion to Compel Momentum Spine & Joint( Momentum ) to Respond to Defendant s Second Amended Notice of Deposition on Written Questions and Subpoena
  44. Motion Defendant Calhar Construction, Inc,'s Motion to Compel DFW Open MRI, L.P. to Respond to Deposition on Written Questions and Subpoena
  45. Certificate of Deposition (Bill of Cost Form) Deposition by Written Questions Propounded to the WItness: Custodian of Safety Traiing Records for: Cornerstone Safety, LLC
  46. Motion Defendant's Motion to Exclude Testimony of Plaintiffs' Expert, Sara Ford
  47. Motion for Continuance Defendant Calhar Construction, Inc.'s Motion for Continuance
  48. Notice of Intention to Take Deposition by Written Questions Notice of Intention to take Deposition by Written Questions Goast City Tours
  49. Letter Letter to court for hearing dates
  50. Motion Defendant's Motion for Leave to Have Defendant's Motion for Partial Traditional and No-Evidence Summary Judgment Heard and in the Alternative Motion for Defendant's Motion for Leave to Have Defendant's Partial Traditional and No-Evidence Summary Judgment Considered by Submission
  51. Amended Motion Defendant's First Amended Motion to Exclude the Testimony of Plaintiff's Expert, Lewis J. Grill
  52. Motion Defendant's Motion to Strike Affidavits
  53. Motion to Quash Plaintiffs' Motion to Quash Depositions by Written Questions to Ghost City Tours and Motion for Protective Order
  54. Amended Motion Defendant Calhar Construction, Inc,'s First Amended Motion for Continuance
  55. Motion Defendant Calhar Construction, Inc.'s Motion For Leave To Designate Responsible Third Party
  56. Motion Defendant Calhar Construction, Inc.'s, Motion to Strike Partial Affidavit or, in the Alternative, Notice of Service of Controverting Affidavit
  57. Notice of Hearing Defendant Calhar Construction, Inc.'s Notice of Hearing
  58. Notice Defendant Calhar Construction, Inc.'s Notice of Filing Business Records Affidavit
  59. Designation of Plaintiffs' Designation of Videotaped Deposition Testimony to be Offered at Trial
  60. Response Plaintiffs' Response To Defendant's First Amended Motion For Continuance
  61. Motion Plaintiff's Motion In Limine
  62. Plaintiff's Plaintiffs' Pretrial Disclosures
  63. Proposed Jury Charge Plaintiffs' Proposed Charge of the Court
  64. Motion Defendant's Motion to Exclude the Testimony of Witnesses Not Properly Disclosed and Motion to Exlude any Medical Testimony by Lay Witnesses
  65. Motion Defendant's Motion and Order in Limine
  66. Response Plaintiffs' Response to Defendant's Motion to Exclude the Testimony of Plaintiffs' Expert, Sara Ford
  67. Notice of Hearing Defendant Calhar Construction, Inc.'s Notice of Hearing
  68. Response Plaintiffs' Response to Defendant's Amended Motion to Exclude the Testimony of Plaintiffs' Expert, Lewis J. Grill
  69. Response Plaintiffs' Response to Defendant's Motion to Exclude the Testimony of Plaintiffs' Expert, Laura Lampton
  70. Response Plaintiffs' Response to Defendant's Motion for Leave to Have Defendant's Motion for Partial Traditional and No- Evidence Summary Judgment Heard and in The Alternative Motion for Defendant's Motion for Leave to Have Defendant's Partial Traditional and No- Evidence Summary Judgment Considered By Submission
  71. Objection Plaintiffs' Objection to Defendant Calhar Construction, Inc.'s Notices of Hearing
  72. Notice of Appearance Notice of Appearance of Local Counsel
  73. Notice Defendant Calhar Construction, Inc.'s Notice of Filing Pre-Trial Disclosures
  74. Response Plaintiffs' Response to Defendant's Motion to Strike Partial Affidavit or, in the Alternative, Notice of Service of Controverting Affidavit; Plaintiff's Motion for Leave to File Supplemental Affidavit; and Plaintiff's Motion to Strike Defendant's Controverting Affidavit as Untimely
  75. Motion Hearing (1:15 PM) (Judicial Officer Nowak, Christine)
  76. Judge's Docket Entry Case called for hearing on (1) Motions to Exclude Ford, Lampton and Lewis, (2) Amended Motion for Continuance, and (3) Motion for Leave. Court denies Motions to Exclude Ford and Lampton; permits Defendant 2 additional hours of deposition w/ Ford and Lampton; depositions to be completed on or before May 10. Court grants in part and denies in part Motion to Exclude Lewis; grants as to new opinions. Trial in this matter is reset to July 1, 2024, pretrial June 27, 2024. Court will hear all other motions currently on file on which the Parties request relief on April 25. Court denies request to waive 21 day notice requirement but grants request for MSJ to be heard; MSJ set for May 21, 2024.
  77. Correspondence Sent by Court Jury Trial Date Reset Notice
  78. Response Plaintiffs' Response to Defendant's Motion to Exclude the Testimony of Witnesses Not Properly Disclosed and Motion to Exlude any Medical Testimony by Lay Witnesses
  79. Response Plaintiffs' Response to Defendant's Motion to Strike Affidavits
  80. Response Plaintiffs' Response To Defendant's Calhar Construction Inc.'s Motion For Leave To Designate Responsible Third Party, And Plaintiffs' Motion To Strike Defendant's Responsible - Third - Party Designation
  81. CANCELED Formal Pretrial Conference (1:30 PM) (Judicial Officer Nowak, Christine) Per Judge
  82. Motion Hearing (1:15 PM) (Judicial Officer Nowak, Christine) Defendant s Motion to Strike Record Affidavits; Defendant s Partial Motion to Strike and Notice of Service of Controverting Affidavits; Defendant s Motion for Leave to Designate Responsible Third Parties; and Defendant s Motion to Exclude the Testimony of Witnesses not Properly Disclosed and Motion to Exclude any Medical Testimony by Lay Witnesses
  83. Judge's Docket Entry Case called for hearing. Counsel stated appearances. Motion for Leave to Designate Responsible Third Parties withdrawn. Court hears argument on (1) Motion to Strike Partial Affidavit, (2) Motion to Strike, and (3) Motion to Exclude Testimony of Witnesses not properly disclosed. Relief sought in Motion to Strike Partial amended; Court grants motion to strike partial. Court denies Motion to Strike (except to extent records are not true supplementation reflecting continuing care since prior supplementation); Court denies Motion to Exclude; however Plaintiff agrees to supplement disclosure and make available for deposition, if requested. Orders to be forthcoming. Motion to Enter set.
  84. Order
  85. Notice Defendant Calhar Construction, Inc.'s Notice of Filing Business Records Affidavit
  86. Order First Amended Motion to Exclude the Testimony of Plaintiffs' Expert
  87. Notice Defendant Calhar Construction, Inc.'s Notice Of Service Of Controverting Affidavits
  88. Motion Defendant Calhar Construction, Inc.'s Motion to Strike Affidavits or, in the Alternative, Notice of Service of Controverting Affidavit
  89. CANCELED Jury Trial (9:00 AM) (Judicial Officer Nowak, Christine) Per Judge
  90. Order Granted Order Granting Defendant Calhar Construction, Inc.'s Motion To Strike Partial Affidavits
  91. Order Denied Order Denying Defendant Calhar Construction, Inc.'s Motion to Exclude the Testimony of Witnesses Not Properly Disclosed
  92. Order Denied Order Denying Defendant Calhar Construction, Inc.'s Motion to Strike Affidavits
  93. Response Plaintiffs' Response to Defendant's Motion for Partial Traditional and No-Evidence Summary Judgment on Plaintiffs' Gross Negligence Claim
  94. Motion Plaintiff's Motion to Increase Time to Present Case At Trial
  95. Response Defendant Calhar Construction, Inc.'s Reply to Plaintiffs' Response to Defendant's Motion for Partial Traditional and No-Evidence Summary Judgment on Plaintiffs' Gross Negligence Claim
  96. Response Defendant Calhar Construction, Inc.'s Response to Plaintiff's Motion to Increase Time to Present Case at Trial
  97. Response Defendant Calhar Construction, Inc.'s Response to Plaintiff's Motion to Quash Depositions by Written Questions to Ghost City Tours and Motion for Protective Order
  98. Motion for Summary Judgment (1:15 PM) (Judicial Officer Nowak, Christine) Defendant's MSJ; Plaintiff Motion to quash Ghost City DWQS; ; Defendant's motion to Strike Affidavits
  99. Supplemental Non-Party Momentum Spine & Joint's Supplemental Response to Defendant's motion to Compel
  100. Response Plaintiffs' Reply to Defendant Calhar Construction, Inc.'s Response to Plaintiffs' Motion to Increase Time to Present Case at Trial
  101. Motion for Summary Judgment (3:00 PM) (Judicial Officer Nowak, Christine)
  102. Notice of Hearing Defendant Calhar Construction, Inc.'s Notice of Hearing
  103. Defendant's Defendant's Pretrial Disclosures
  104. Subpoena Return - Not DC Issued Subpoena - Paul Andrew Fabela, MD
  105. Amended Plaintiffs' First Amended Pretrial Disclosures
  106. Order Denied Order Denying Plaintiffs' Motion to Quash Depositions By Written Questions to Ghost City Tours and Motion for Protective Order
  107. Order Granted Order Granting Defendant Calhar Construction, Inc.'s Motion for Partial Traditional and No-Evidence Summary Judgment on Plaintiffs' Gross Negligence Claim
  108. Order Denied Order Denying Part and Granting in Part Plaintiffs' Motion to Increase Time to Present Case at Trial
  109. Motion Natalie C. Foster's Sworn Motion for Admission Pro Hac Vice
  110. Administrative Order The State of Texas First Administrative Judicial Region Order of Assignment by The Presiding Judge
  111. Certificate of Deposition (Bill of Cost Form)
  112. Order Granted Order Granting Natalie C. Foster's Sworn Motion for Admission Pro Hac Vice
  113. Defendant's Defendant Calhar Construction, Inc.'s Stipulation to Course and Scope
  114. Motion Defendant Calhar Construction, Inc.'s Motion to Exclude Direct Negligence Evidence and Defendant's Special Exception
  115. Affidavit Affidavit of Viviana Anaya
  116. Notice of Intention to Take Deposition by Written Questions
  117. Certificate of Deposition (Bill of Cost Form) Notice of Delivery- RE: Elevate Health Clinics, LLC (Medical)
  118. Certificate of Deposition (Bill of Cost Form) Notice of Delivery - Absolute Chiropractic & Rehab (Medical)
  119. Certificate of Deposition (Bill of Cost Form) Notice of Delivery - Baylor Scott & White Medical Center (Medical Records)
  120. Certificate of Deposition (Bill of Cost Form) Notice of Delivery - Momentum Spine & Joint (Medical and Radiology Imaging)
  121. Certificate of Deposition (Bill of Cost Form) Notice of Delivery - Town of Prosper Fire Department/EMS (Medical)
  122. Notice of Intention to Take Deposition by Written Questions Notice of Intention to Take Deposition by Written Questions - Texas Neuropsychology Group(Med Xray SUB)
  123. Objection Plaintiffs' Objection to Visiting Judge
  124. Supplemental Plaintiffs' Eighth Supplemental Notice of Service and Filing Record Affidavits and Certified Copies
  125. Response Defendant Calhar Construction Inc.'s Reply in Support of its Motion to Compel Momentum Spine & Joint to Respond to Second Amended Notice on Depositios on Written Questions and Subpoena
  126. Amended Petition Plaintiff's First Amended Petition
  127. Response Nonparty Elevate HC Texas, PLLC's Response to Defendant Calhar Construction, Inc.'s Motion to Compel
  128. Motion Defendant Calhar Construction, Inc. s Motion to Exclude Reptile Tactics
  129. Amended Defendant Calhar Construction, Inc.'s First Amended Stipulation of Course and Scope
  130. Amended Motion Defendant Calhar Construction, Inc.'s First Amended Motion to Exclude Direct Negligence Evidence and Defendant's Special Exception
  131. Defendant's Defendant's First Amended Pretrial Disclosures
  132. Motion Defendant Calhar Construction, Inc.'s Motion to Exclude Evidence of Plaintiff's Future Medical Expenses
  133. Amended Motion Defendant's First Amended Motion and Order in Limine
  134. Motion Defendant Calhar Construction, Inc.'s Motion to Exclude Non-Economic Damages
  135. Motion Defendant Calhar Construction, Inc.'s Motion to Exclude Damages in Excess of $1,000,000
  136. Motion to Compel (9:30 AM) (Judicial Officer Nowak, Christine)
  137. Judge's Docket Entry Case called for hearing on Defendants Motion to Compel (1) Momentum Spine and Joint, (2) DFW Open MRI, and (3) Elevate Health Clinic, LLC. Appearances stated. Discussion regarding Motions. Motions Denied, Plaintiffs ordered to produce letters of protection w/in 7 days or confirm in writing no letters exist. Order to be forthcoming.
  138. Amended Motion Defendant Calhar Construction, Inc.'s First Amended Motion to Exclude Evidence of Palintiffs' Future Medical Expenses
  139. Defendant's Defendant's Deposition Excerpts for Trial
  140. Amended Motion Plaintiffs' First Amended Motion in Limine
  141. Objection Plaintiff's Objections to Defendants' Deposition Excerpts for Trial
  142. Proposed Jury Charge Defendant's Proposed Jury Charge
  143. Amended Defendant's First Amended Deposition Excerpts for Trial
  144. Amended Plaintiff's First Amended Designation of Videotaped Deposition Testimony to be Offered at Trial
  145. Certificate of Deposition (Bill of Cost Form) Reporter's Certificate of Deposition: Sara Ford, MRC
  146. Amended Motion Defendant Calhar Construction, Inc.'s Second Amended Motion to Exclude Direct Negligence Evidence, Special Exception, and Motion to Dismiss
  147. Brief Defendant Calhar Construction, Inc.'s Brief on Support of Its Second Amended Motion to Exclude Direct Negligence Evidence, Special Exception, and Motion to Dismiss
  148. Amended Plaintiffs' Second Amended Pretrial Disclosures
  149. Objection Defendant Calher Construction, Inc.'s Objections to Plaintiff's Deposition Excerpts for Trial
  150. Witness List Defendant's Trial Witness List
  151. Exhibit List Defendant's Trial Exhibit List
  152. Amended Defendant's First Amended Trial Exhibit List
  153. Brief Defendant Calhar Construction, Inc's Brief In Opposition of Plaintiffs' Motion In Limine NOS. 24 and 26
  154. Amended Defendant's Second Amended Trial Exhibit List
  155. Brief Plaintiffs' Trial Brief in Support of the Admissibility of Driving Record
  156. Response Plaintiff's Response to Defendant Calhar Construction, Inc.'s Motion to Exclude Damages in Excess of $1,000,000
  157. Response Plaintiff's Response to Defendant's Motion to Exclude Evidence of Non-Economic Damages
  158. Response Plaintiff's Response to Defendant's Motion to Exclude Reptile Tactics
  159. Response Plaintiff's Response to Defendant Calhar Construction Inc.'s Second Amended Motion to Exclude Direct Negligence Evidence Special Exceptions and Motion to Dismiss
  160. Amended Petition Plaintiffs' Second Amended Petition
  161. Response Plaintiffs' Response to Defendant's First Amended Motion to Exclude Evidence of Future Damages
  162. Pre-trial Conference (9:30 AM) (Judicial Officer Nowak, Christine)
  163. Response Defendant Calhar Construction, Inc.'s Response to Plaintiffs' Trial Brief in Support of the Admissibility of Driving Record
  164. Order Denied Order Denying Defendant Calhar Construction, Inc.'s Motion to Exclude Damages in Excess of $1,000,000
  165. Judge's Docket Entry Case called for hearing on (1) Defendant's Motion to Exclude Direct Negligence Evidence, Special Exceptions, and Motion to Dismiss, (2) Defendant's First Amended Motion to Exclude Future Medical, and (3) Motion to Exclude Damages in Excess of 1M AND also for Pre-trial. Appearances stated. Court hears argument on Motion to Exclude Damages and First Amended Motion to Exclude and also Discussion regarding Parties' position on live pleadings. Court denies Motion to Exclude Damages in Excess of 1M. Court denies in part and grants in part First Amended Motion to Exclude, Court finds original petition is live pleading, no motion for leave filed in connection with First or Second Amended Petition. Discussion regarding lenght of trial and potential stipulations related to liability issues. Court finds case should be specially set on the Court's docket. Court hereby resets trial to week of October 7, save and except for morning of October 10 when Court will take up regularly scheduled pretrials. Court defers Motion to Exclude Direct Negligence and remaining pretrial issues (exhibits, witnesses, limines) to August 9 @ 3PM via Zoom. Orders reflecting rulings on two motions referenced above to be forthcoming.
  166. CANCELED Jury Trial (9:00 AM) (Judicial Officer Nowak, Christine) Reset
  167. Motion Hearing (3:00 PM) (Judicial Officer Nowak, Christine)
  168. Pre Trial (3:00 PM) (Judicial Officer Nowak, Christine)

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