`
`IN THE DISTRICT COURT OF
`
`CAUSE NO. DC-16-07601
`
`FILED
`DALLAS COUNTY
`12/21/20181:40 PM
`FELICIA PITRE
`DISTRICT CLERK
`
`Plaintiffl
`
`V.
`
`FR III FUNDING LLC, DAVID
`
`DEBERARDINIS, STEPHEN R.
`
`HERBEL, PATRICK MULLIGAN, B.
`
`CRAIG WEBB, AND JERRY WEBB
`
`Defendants,
`
`STEPHEN R. HERBEL, PATRICK
`
`MULLIGAN, B. CRAIG WEBB, AND
`
`JERRY WEBB,
`
`Cross-Plaintiffs and
`Thint-Party Plaintiffv,
`
`V.
`
`FR III FUNDING LLC, DAVID
`
`DEBERARDIN IS, FINANCIAL
`
`RESOURCES L. L. C., FINANCIAL
`
`RESOURCES ACQUISITION
`
`COMPANY, L.L.C.,
`
`Cross-Defendants and
`Tbird-Party Defendant.
`
`cmammommwoommmmmwmmmmmwmmmmmwmmmmmwm
`
`DALLAS COUNTY, TEXAS
`
`134TH JUDICIAL DISTRICT
`
`PLAINTIFF PLAINSCAPITAL BANK'S AND DEFENDANTS JERRY WEBB, CRAIG
`
`WEBB, STEPHEN HERBEL1 AND PATRICK MULLIGAN'S JOINT MOTION TO
`EXTEND EXPERT DEADLINES
`
`TO THE HONORABLE JUDGE OF SAID COURT:
`
`COME NOW, Plaintiff PlainsCapital Bank ("PCB" or "Plaintiff'), and Defendants Jerry
`
`Webb, B. Craig Webb, Stephen Herbel, and Patrick Mulligan ("Defendants” or the "Guarantors")
`
`PLAINTIFF PLAINSCAPITAL BANK'S AND DEFENDANTS JERRY WEBB,
`CRAIG WEBB, STEPHEN HERBEL, AND PATRICK MULLIGAN'S JOINT
`MOTION TO EXTEND EXPERT DEADLINES
`
`PAGE - 1
`
`
`
`(together, the “Parties") file this Joint Motion to Extend Expert Deadlines (the "Motion") and in
`
`support of the relief sought in the Motion, the Parties respectfully show the Court as follows:
`
`I.
`
`BACKGROUND & RE UESTED RELIEF
`
`1.
`
`This case is currently set for trial on February 4, 2019 (the "Trial Setting").
`
`Under the Court's current Uniform Scheduling Order (Level 3) (the "Scheduling Order“), expert
`
`discovery closes 45 days before the Trial Setting, which is Friday, December 21, 2018. See
`
`Exhibit A Uniform Scheduling Order (Level 3), at 11 2(g). 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 expert discovery, which is Friday, December
`
`28, 2018.
`
`2.
`
`The Parties completed the depositions of Experts Saul Solomon, Quentin Mimms
`
`and Michael Moser (the "Experts") the week of December 17, 2018. The Parties‘ counsel have
`
`agreed to a short extension of the deadline to file challenges to the Experts from December 28,
`
`2018 to January 4, 2019.
`
`3.
`
`The Parties request
`
`this Court
`
`to:
`
`(1) to extend the filing deadline to file
`
`challenges to the Experts from December 28, 2018 to January 4, 2019; and (2) to extend the
`
`deadline for hearing such a motion to a date before the Trial Setting.
`
`II.
`
`CONCLUSION & PRAYER
`
`WHEREFORE, THE PREMISES CONSIDERED, the Parties pray that the Court: (1)
`
`grants this Joint Motion to Extend Expert Deadlines, (2) extend the filing deadline to file
`
`challenges to the Experts from December 28, 2018 to January 4, 2019; and (3) extend the
`
`PLAINTIFF PLAINSCAPITAL BANK'S AND DEFENDANTS JERRY WEBB,
`CRAIG WEBB, STEPHEN HERBEL, AND PATRICK MULLIGAN'S JOINT
`MOTION TO EXTEND EXPERT DEADLINES
`
`PAGE - 2
`
`
`
`deadline for hearing such a motion to a date before the Trial Setting; and (4) any such other relief
`
`which they are justly entitled.
`
`Respectfully submitted,
`
`GODWIN | BOWMAN PC
`
`
`
`Donald E. Godwin
`
`(Lead Attorney)
`State Bar No. 08056500
`
`DGodwin @GodwinBowmancom
`
`Carolyn Raines
`State Bar No. 00787852
`
`CRaines GodwinBowman.com
`
`Stefanie M. McGregor
`State Bar No. 24037019
`
`SMcGregorngGodwinBowman.com
`Michael A. Holmes
`
`State Bar No. 24083191
`
`MHolmengGodwinBowman.com
`
`1201 Elm Street, Suite 1700
`
`Dallas, Texas 75270-2041
`Ph:
`214.939.4412
`
`Fax:
`
`214.939.4803
`
`ATTORNEYS FOR PLAINSCAPITAL BANK
`
`PLAINTIFF PLAINSCAPITAL BANK'S AND DEFENDANTS JERRY WEBB,
`CRAIG WEBB, STEPHEN HERBEL, AND PATRICK MULLIGAN‘S JOINT
`MOTION TO EXTEND EXPERT DEADLINES
`
`PAGE - 3
`
`
`
`TILLOTSON LAW
`
`/S/Josegh A. Irrobali
`Jeffrey M. Tillotson
`State Bar No. 20039200
`
`Jtillotson@tillotsonlawcom
`Jonathan R. Patton
`State Bar No. 24088198
`
`jpatttonthillotsonlawcom
`Joseph A. Irrobali
`State Bar No. 24092564
`
`airrobalichtillotsonlaw.com
`
`750 N. St. Paul, Suite 610
`Dallas, Texas 75201
`
`Telephone: (214) 382-3041
`Facsimile: (214) 501-0731
`
`ATTORNEYS FOR JERRY WEBB, B. CRAIG
`WEBB, STEPHEN R. HERBEL, AND PATRICK
`MULLIGAN
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on December 21, 2018, a true and correct copy of the
`foregoing instrument was served to all parties Via the Court’s electronic filing manager.
`
`5'
`
`'.
`
`’
`
`1
`
`Donald E. Godwin
`
`PLAINTIFF PLAINSCAPITAL BANK'S AND DEFENDANTS JERRY WEBB,
`CRAIG WEBB, STEPHEN HERBEL, AND PATRICK MULLIGAN'S JOINT
`MOTION TO EXTEND EXPERT DEADLINES
`3083846 V2-24250/0008 PLEADINGS
`
`PAGE - 4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
