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Contract: Recovery/Enforcement | Texas Southern
Memorandum and Order
MEMORANDUM AND ORDER. The SCEC entities do not dispute that the claims are no longer, if ever they were, viable. Nor do they assert that the claims asserted are being pursued. However, they contend that the claims are not immaterial or impertinent but provide context... provide background for identification of underpayment patterns. By labeling the claims as context and evidence of an underpayment patterns, SCEC is suggesting that the unrelated claims were also wrongfully handled or underpaid and that the defendants (all) are simply continuing a pattern of conduct that is unlawful. The Court cannot abide by this method of resolving current claims. To permit such pleadings it suggests that those unrelated claims were resolved erroneously or were inappropriately handled by the factfinder. Hence, such use would be prejudicial to due process and the evaluation of current claims. Therefore, the Court Directs that any references to abandoned claims, are stricken. (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4).
Order
SCHEDULING ORDER ON MOTIONS to DISMISS 109 , 110 , 111 , 112 , 113 , 114 , 115 , 116 and 117 . In light of the Courts ruling on the defendants (all) motions to dismiss, the Court enters the following schedule as reflected by this instrument. Discovery and/or mediation shall proceed accordingly. To the extent that other issues remain unresolved, the Court directs the parties to confer and provide a schedule of issues to be addressed within twenty (20) days. Any issues not addressed are Denied with prejudice to motions filed after discovery. ( Mediation due by 10/31/2026; Pltf Expert Report due by 1/31/2027; Pltf Expert Witness List due by 1/31/2027; Deft Expert Report due by 2/21/2027; Deft Expert Witness List due by 2/21/2027; Discovery due by 3/31/2027; Dispositive Motion Filing due by 3/31/2027; Docket Call set for 9/13/2027 at 11:30 AM in Courtroom 8B before Judge Kenneth M Hoyt) (Signed by Judge Kenneth M Hoyt) Parties notified. (cjh4)
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