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IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

In re: § 

 § 

TRINITY DESIGN & BUILD LLC § Case No. 24-43632-ELM 

a/k/a Trinity Cabinet Company LLC, Trinity § 

Design and Build LLC, Trinity Design + Build § Chapter 7 

LLC, and Trinity Cabinet Company LLC § 

d/b/a Trinity Design and Build, § 

 § 

 Alleged Debtor. § 

AMENDED SCHEDULING ORDER 

 On October 7, 2024, Jonica Willingham, DFW Concrete Pros LLC, Christina Allen, and 

Hunter Allen (collectively, the “Existing Petitioners”) initiated this case with the filing of their 

Involuntary Petition Against a Non-Individual [Docket No. 1] (the “Petition”) against Trinity 

Design & Build LLC a/k/a Trinity Cabinet Company LLC, Trinity Design and Build LLC, Trinity 

Design + Build LLC, and Trinity Cabinet Company LLC d/b/a Trinity Design and Build (the 

“Alleged Debtor”) to request entry of an order for relief under chapter 7 of the Bankruptcy Code 

against the Alleged Debtor. The Alleged Debtor has appeared in this case and answered in 

opposition to the Petition with its filing of the Trinity Design and Build, LLC Motion to Dismiss 

and Request for Attorney’s Fees [Docket No. 8] (the “Answer”). Pursuant to the Answer, the 

Alleged Debtor also requests dismissal of the case and an award of attorney’s fees (to such extent, 

and the extent (if any) to which the Alleged Debtor requests any other form of affirmative relief, 

the Answer is referred to herein as the “Alleged Debtor Motion”). 

United States Bankruptcy Judge

Signed November 5, 2024

______________________________________________________________________

The following constitutes the ruling of the court and has the force and effect therein described.

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 On October 8, 2024, the Court entered a Standing Scheduling Order Regarding Involuntary 

Cases [Docket No. 3] (the “Scheduling Order”). On November 4, 2024, in accordance with the 

Scheduling Order, the Existing Petitioners and the Alleged Debtor, in each case by and through 

respective counsel, appeared at an initial status/scheduling conference in the case. Based upon the 

status report provided and representations made by and on behalf of the parties at said hearing, the 

Court now enters this Amended Scheduling Order. Accordingly, it is hereby: 

ORDERED that the trial to determine if an order for relief under chapter 7 of the 

Bankruptcy Code will be issued against the Alleged Debtor (the “Trial”) shall take place on 

December 16, 2024, at 10:30 a.m. (prevailing Central Time), before the Honorable Edward L. 

Morris, U.S. Bankruptcy Court, at the Eldon B. Mahon U.S. Courthouse, 501 W. Tenth Street, 

Room 204, Fort Worth, Texas 76102, and if not concluded on December 16, 2024, shall resume 

on December 17, 2024, at 9:30 a.m. (prevailing Central Time); it is further 

ORDERED that the following pretrial deadlines and procedures shall apply: 

Pleading Deadlines and Procedures 

 1. Joinder of Additional Petitioners. In the absence of the written consent of the 

Alleged Debtor (by and through counsel) or the Court’s granting of leave for a late joinder, the 

deadline for any other alleged creditor to file a pleading to formally join in the Petition as an 

additional petitioning creditor shall be November 7, 2024, at 5:00 p.m. (prevailing Central 

Time). The Existing Petitioners and all additional petitioning creditors who hereafter timely join 

in the Petition as permitted pursuant to this paragraph are collectively referred to herein as the 

“Petitioners”. All Petitioners shall be bound by the terms and conditions of this Order. 

 2. Deadline for Response to Alleged Debtor Motion/Reply to Answer. The deadline 

for the Petitioners to file and serve a response to the Alleged Debtor Motion (mandatory) and a 

reply to the Answer (non-mandatory) shall be November 15, 2024, at 5:00 p.m. (prevailing 

Central Time). 

 3. Deadline for Reply to Response to Alleged Debtor Motion. The deadline for the 

Alleged Debtor to file a reply to the Petitioners’ response to the Alleged Debtor Motion (nonmandatory) shall be December 2, 2024, at 5:00 p.m. (prevailing Central Time). 

Discovery Deadlines and Procedures 

 4. Written Discovery. The Petitioners and the Alleged Debtor (collectively, the 

“Parties”) shall conduct written discovery in the following manner: 

a. Service of Requests and Responses. The Parties shall serve all written 

discovery requests and responses upon each other by email transmission to the opposing 

Party(ies)’ counsel of record in this case. Service shall be deemed provided upon the 

opposing Party(ies)’ counsel’s receipt of such transmission. 

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b. Deadline for Service of Written Discovery Requests. The deadline for the 

service of all written discovery requests shall be November 8, 2024, at 5:00 p.m. 

(prevailing Central Time). 

c. Deadline for Service of Responses to Written Discovery Requests. The 

deadline for the service of a response to any timely served written discovery request shall 

be twenty-one (21) days after the date of service of the written discovery request. 

 5. Deposition Discovery. Counsel for the Parties are directed to timely confer in good 

faith with respect to the scheduling of any desired depositions. 

 6. Discovery Cutoff. The deadline for the Parties to complete all discovery shall be 

December 11, 2024, at 5:00 p.m. (prevailing Central Time). 

 7. Discovery Disputes. In the event that a discovery dispute arises between the Parties 

that cannot be resolved after diligent, good faith negotiations between counsel, the Court will 

consider any motion that is thereafter filed with respect to the discovery dispute on an 

emergency/expedited basis without the necessity of the filing of a separate motion for 

emergency/expedited consideration. In such circumstance, counsel for the moving Party is 

directed to promptly notify Judge Morris’ Courtroom Deputy of the filing of such motion, copying 

counsel for all of the other Parties. If deemed necessary or appropriate, the Court will set a hearing 

on the motion and/or set a deadline for any responsive pleadings. The Court reserves the right to 

determine the matter without conducting a hearing. 

Witness and Exhibit Lists and Trial Briefs 

 8. Trial Witness and Exhibit Lists; Exchange of Exhibits. The deadline for the Parties 

to file and serve their respective trial witness and exhibit lists shall be December 11, 2024, at 5:00 

p.m. (prevailing Central Time). By said date and time, counsel for the Parties shall also exchange 

all designated exhibits. 

 9. Trial Briefs. The deadline for the Parties to file and serve trial briefs (nonmandatory) shall be December 12, 2024, at 5:00 p.m. (prevailing Central Time). 

 10. Objections to the Admissibility of Exhibits. The deadline for the Parties to file and 

serve objections to the admissibility of designated exhibits (other than an objection to relevance) 

shall be December 13, 2024, at 5:00 p.m. (prevailing Central Time). Subject to the any 

relevance objections, all designated exhibits that are not objected to by such deadline will be 

admitted by the Court at the commencement of the trial. 

Miscellaneous 

 11. Modifications. By written agreement among the affected Parties (by and through 

counsel), any of the deadlines established pursuant to paragraphs 2, 3, 4b, 4c, and 6 may be 

modified. All other modifications are subject to the approval of the Court. 

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 12. Sanctions. The failure of any Party and/or the counsel for a Party to comply with 

this Order may result in the Court’s issuance of sanctions. 

# # # END OF ORDER # # # 

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