Benavides, Jr. v. Wells Fargo Bank, N.A.

Western District of Texas, txwd-5:2019-cv-01335

Scheduling Recommendations/Proposed Scheduling Order (Agreed) by Wells Fargo Bank, N.A.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION JUAN BENAVIDES, JR., § § Plaintiff, § § v. § CIVIL ACTION NO. 5:19-CV-01335-XR § WELLS FARGO BANK, N.A., § § Defendant. § AGREED SCHEDULING RECOMMENDATIONS The parties recommend that the following deadlines be entered in the scheduling order to control the course of this case: MOTIONS FOR LEAVE TO AMEND PLEADINGS The deadline for Plaintiff(s) to file a motion seeking leave to amend pleadings; or to join parties is February 28, 2020. The deadline for Defendant(s) to file a motion (1) to designate responsible third parties, pursuant to Texas Civil Practice & Remedies Code § 33.004(a); (2) seeking leave to amend pleadings, or (3) to join parties is March 13, 2020. EXPERTS All parties asserting claims for relief shall file their designation of testifying experts and serve on all parties, but not file, the materials required by Fed. R. Civ. P. 26(a)(2)(B) on or before March 27, 2020. Parties resisting claims for relief shall file their designation of testifying experts and serve on all parties, but not file, the materials required by Fed. R. Civ. P. 26(a)(2)(B) on or before April 24, 2020. All parties shall file all designations of rebuttal experts and serve on all parties the material required by Fed. R. of Civ. P. 26(a)(2)(B) for such rebuttal experts, to the extent not already served, within fifteen (15) days of receipt of the report of the opposing expert. An objection to the reliability of an expert's proposed testimony under Federal Rule of Evidence 702 shall be made by motion, specifically stating the basis for the objection and identifying the objectionable testimony, within eleven (11) days from the receipt of the written 1 report of the expert's proposed testimony, or within eleven (11) days from obtaining a copy of the expert's deposition, if a deposition is taken, whichever is later. The deadline for filing supplemental reports required under Fed. R. Civ. P. 26(e) is May 15, 2020. WITNESS LIST, EXHIBIT LIST AND PRETRIAL DISCLOSURES The deadline for filing Rule 26(a)(3) disclosures is June 12, 2020. The deadline for filing objections under Rule (26)(a)(3) is June 26, 2020. Any objections not made will be deemed waived. COMPLETION OF DISCOVERY Written discovery requests are not timely if they are filed so close to this deadline that under the Federal Rules of Civil Procedure the response would not be due until after the deadline. The deadline for the completion of all discovery is July 31, 2020. ALTERNATIVE DISPUTE RESOLUTION (ADR) REPORT A report on alternative dispute resolution in compliance with Local Rule CV-88 shall be filed on or before February 14, 2020. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties on or before February 28, 2020 and each opposing party shall respond, in writing on or before March 27, 2020. All offers of settlement are to be private, not filed. The parties are ordered to retain the written offers of settlement and response as the Court will use these in assessing attorneys' fees and costs at the conclusion of the proceedings. If a settlement is reached, the parties should immediately notify the Court so the case may be removed from the Court's trial docket. PRETRIAL MOTIONS No motion (other than a motion in limine) may be filed after this date except for good cause. The deadline to file motions (including dispositive motions) is August 28, 2020. This deadline is also applicable to the filing of any summary judgment motion under Fed. R. Civ. P. 56 and any defense of qualified immunity. Leave of court is automatically given to file motions not to exceed 30 pages in length. Fed. R. Civ. P. 6(d) does not apply to the time limits set forth in Local Rule CV-7 for responses and replies to motions. JOINT PRETRIAL ORDER AND MOTION IN LIMINE The deadline to file a Final Joint Pretrial Order and any motion in limine is September 25, 2020. 2 All attorneys are responsible for preparing the Final Joint Pretrial Order, which must contain the following: (1) a short statement identifying the Court's jurisdiction. If there is an unresolved jurisdictional question, state it; (2) a brief statement of the case, one that the judge could read to the jury panel for an introduction to the facts and parties; (3) a summary of the remaining claims and defenses of each party; (4) a list of facts all parties have reached agreement upon; (5) a list of contested issues of fact; (6) a list of the legal propositions that are not in dispute; (7) a list of contested issues of law; (8) a list of all exhibits expected to be offered. Counsel will make all exhibits available for examination by opposing counsel. All documentary exhibits must be exchanged before the final pre-trial conference. The exhibit list should clearly reflect whether a particular exhibit is objected to or whether there are no objections to the exhibit; (9) a list of the names and addresses of witnesses who may be called with a brief statement of the nature of their testimony; (10) an estimate of the length of trial; (11) for a jury trial, include (a) proposed questions for the voir dire examination, and (b) a proposed charge, including instructions, definitions, and special interrogatories, with authority; (12) for a nonjury trial, include (a) proposed findings of fact and (b) proposed conclusions of law, with authority; (13) the signatures of all attorneys; and (14) a place for the date and the signature of the presiding judge. FINAL PRETRIAL CONFERENCE The Final Pretrial Conference shall be held on ___________________________. Motions in limine, if any, will be heard on this date. Counsel should confer prior to this hearing on any issues raised in a motion in limine or the Joint Pretrial Order. Any party intending to use a demonstrative exhibit should provide the same to opposing counsel at least 3 days prior to the Final Pretrial conference so that if any objections or issues are raised about the demonstrative exhibit, they can be addressed at the final pretrial conference. 3 TRIAL The Trial Date is ______________________________. Signed on __________________________. XAVIER RODRIGUEZ UNITED STATES DISTRICT JUDGE 4 Respectfully submitted, /s/ Robert C. Newark, III /s/ Elizabeth Hayes Robert C. Newark, III B. David L. Foster State Bar No. 24040097 State Bar No. 24031555 office@newarkfirm.com dfoster@lockelord.com A Newark Firm LOCKE LORD LLP 1341 W. Mockingbird Lane, Suite 600W 600 Congress Ave., Suite 2200 Dallas, Texas 75247 Austin, Texas 78701 Telephone: 866-230-7236 (512) 305-4700 Facsimile: 888-316-3398 (512) 305-4800 (Facsimile) ATTORNEY FOR PLAINTIFF Robert T. Mowrey Texas Bar No. 14607500 rmowrey@lockelord.com Elizabeth Hayes State Bar No. 24069001 elizabeth.hayes@lockelord.com LOCKE LORD LLP 2200 Ross Avenue, Suite 2800 Dallas, Texas 75201-6776 (214) 740-8000 (214) 740-8800 (Facsimile) ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served as indicated on this 2nd day of January, 2020, to the following: VIA ECF Robert C. Newark, III A Newark Firm 1341 W. Mockingbird Lane, Suite 600W Dallas, Texas 75247 Attorney for Plaintiff /s/ Elizabeth Hayes Elizabeth Hayes 5