Extenet Defendant Moves to Compel Depositions to Prepare for Sept. 19 Trial
Defendant Horizon Underground seeks an order compelling Extenet and its contractor USIC Locating Services to give depositions so it can prepare for its Sept. 19 bench trial on Extenet’s allegations that Horizon employees caused $34,454 in damages to its underground…
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cable while excavating, boring and trenching without Extenet’s consent (see 2212200067), said Horizon’s Aug. 11 motion (docket DC-22-17265) in the 101st District Texas Court in Dallas County. USIC’s job was to locate and mark Extenet’s underground utility cable and facilities under a 48-hour “dig notice” to protect the cable and facilities from potential damage during excavation. But Horizon alleges USIC botched the project and should be held liable for at least some of the damages if Extenet wins at trial. USIC denies any culpability (see 2303240018). Horizon has been seeking depositions from Extenet and USIC since May 16, but none were provided, said Horizon’s motion to compel. The impasse is “prohibiting” Horizon from “being able to properly prepare for trial,” it said. It’s “premature at this point” for Horizon to hire an expert witness until fact depositions have been completed, which “further hinders” Horizon’s ability to properly prepare for trial, it said.