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Re: None

Monday, 10/11/2010 5:00:34 PM

Monday, October 11, 2010 5:00:34 PM

Post# of 60939
Plaintiff’s Motion for TRCP 166 Pre-Trial Conference filed 7 Oct.
Sets out that Jimmy Williamson and Cyndi Rusnak are subject to disqualification pursuant to Texas Disciplinary Rules of Professional Conduct.
Pre-Trial Conference is to address discovery schedule, identification of legal matters related on or decided by the court and other matters as may aid in the disposition of the case.
Plaintiff seeks pre-trial conference to address:
(1) Whether the case should be transferred to 151st District Court
(2) Whether Jimmy Williamson and Cyndi Rusnak are disqualified from representing defendant
(3) Whether an amended docket control order should be entered by the court.
A letter to Rusnak/Williamson indicated Markle was waiting for responses to discovery and then intends to depose Daic and Williamson. He wanted to discuss whether it was appropriate for Williamson and Rusnak to continue the lead for the defendants. Wants to discuss whether the case should be transferred to 151st District Court.
Rusnak’s response on 6 Oct was : We are not disqualified. This case is not appropriate for transfer. We do not want a continuance. We are willing to mediate to Ms. Kilbride or any other mutually agreeable mediator.

Notice of Oral Hearing filed 7 Oct regarding a pre-trial conference on 29 Oct.
Interesting also is from Plaintiff’s Motion;The prior lawsuit Drago Daic v Calypso Wireless appear to involve substantially related parties and claims. He is referencing the original lawsuit filed by Daic against Calypso. This case was filed originally in the 151st District.

So maybe Markle is trying to get the case moved to the 151st because he wants to reopen the original case, I don’t really know.

So what we know is that a mediation agreement was not obtained on or prior to 6 Oct.

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