Chaves v. Cogent Medical Laboratory, LLC

Western District of Texas, txwd-5:2019-cv-00861

ORDER, (Pretrial Conference set for 10/25/2019 10:30 AM before Judge Elizabeth S. Chestney,) IT IS FURTHER ORDERED that the parties submit a proposed scheduling order pursuant to Local Rule CV-16(c), no later than October 21, 2019. Signed by Judge Elizabeth S. Chestney.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION TONI CHAVES, § § Plaintiff, § SA-19-CV-00861-ESC § vs. § § COGENT MEDICAL LABORATORY, § LLC, § § Defendant. § ORDER SETTING INITIAL PRETRIAL CONFERENCE Before the Court is the above-styled and numbered cause of action, which was reassigned to the undersigned's docket after both parties consented to the jurisdiction of a United States Magistrate Judge [#9, #10]. IT IS THEREFORE ORDERED that, pursuant to Rule 16 of the Federal Rules of Civil Procedure, this case is set for an Initial Pretrial Conference at 10:30 a.m. on October 25, 2019, in Courtroom B on the 4th Floor of the John H. Wood, Jr. United States Courthouse, 655 E. Cesar Chavez Boulevard, San Antonio, Texas, 78206. At the conference, the Court will enter a Scheduling Order in this case and assign the parties a date for jury trial. Counsel may appear by phone for the conference. Counsel should contact Valeria Sandoval, Courtroom Deputy, for call-in information at chestney_chambers@txwd.uscourts.gov. The use of speaker phones is prohibited during a telephonic appearance. IT IS FURTHER ORDERED that the parties confer in the manner required by Rule 26(f) of the Federal Rules of Civil Procedure and submit a Joint Discovery/Case Management Plan that answers the following questions no later than October 21, 2019: 1 1. Are there any outstanding jurisdictional issues? For removed cases based on diversity jurisdiction, do the parties agree that the amount in controversy exceeded $75,000 at the time of removal? If not, each party should state its position on the amount in controversy. 2. Are there any unserved parties? If more than 90 days have passed since the filing of the Complaint or petition, should these unserved parties be dismissed? 3. What are the causes of action, defenses, and counterclaims in this case? What are the elements of the cause(s) of action, defenses, and counterclaims pled? 4. Are there any agreements or stipulations that can be made about any facts in this case or any element in the cause(s) of action? 5. State the parties' views and proposals on all items identified in Fed. R. Civ. P. 26(f)(3). 6. What, if any, discovery has been completed? What discovery remains to be done? Have the parties considered conducting discovery in phases? 7. What, if any, discovery disputes exist? 8. Have the parties discussed the desirability of filing a proposed order pursuant to Federal Rule of Evidence 502? 9. Have the parties discussed mediation? The Court will address the substance of the parties' joint report and discovery plan at the Initial Pretrial Conference. IT IS FURTHER ORDERED that the parties submit a proposed scheduling order pursuant to Local Rule CV-16(c), no later than October 21, 2019. The Court will discuss with the parties any proposed changes to the Court's standard scheduling order based on the unique circumstances of this case at the Initial Pretrial Conference. The proposed scheduling order shall contain suggestions for the following deadlines: 1. A report on alternative dispute resolution in compliance with Local Rule CV-88 (the standard period being 90 days after the first defendant's appearance). 2. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties (the standard period being 90 days after the first defendant's appearance), and each opposing party shall respond, in writing (the standard period being 104 days after the first defendant's appearance). 3. The parties shall file all motions to amend or supplement pleadings or to join additional parties by (the standard period being 120 days after the first defendant's appearance). 4. All parties asserting claims for relief shall file their designation of testifying experts and shall SERVE ON ALL PARTIES, BUT NOT FILE the materials required by FED. R. CIV. P. 26(a)(2)(B) by (the standard period being 90 days before the discovery deadline). Parties resisting claims for relief shall file their designation of testifying experts and shall 2 SERVE ON ALL PARTIES, BUT NOT FILE the materials required by FED. R. CIV. P. 26(a)(2)(B) by (the standard period being 45 days before the close of discovery). All designations of rebuttal experts shall be filed within 14 days of receipt of the report of the opposing expert. 5. 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 (the standard period being 30 days) days of receipt of the written report of the expert's proposed testimony, or within (the standard period being 30 days) days of the expert's deposition, if a deposition is taken, whichever is later. 6. The parties shall complete discovery (the standard period being six months after the first defendant's appearance). Counsel may by agreement continue discovery beyond the deadline, but there will be no intervention by the Court except in extraordinary circumstances, and no trial setting will be vacated because of information obtained in post-deadline discovery. 7. All dispositive motions shall be filed (the standard period being 30 days after the discovery deadline). Dispositive motions as defined in Local Rule CV-7(c) and responses to dispositive motions shall be limited to (the standard page limit for this Court is 20) pages in length. 8. This case is set for jury selection and trial on _____, 2019 at _____ a.m. The final pretrial conference is set for _____, 2019 at _____ a.m. The Court will set a status conference in this case approximately three (3) to four (4) months prior to the above-referenced trial setting. The parties shall submit the proposed order in a form similar to the attached. IT IS SO ORDERED. SIGNED this 4th day of September, 2019. ELIZABETH S. ("BETSY") CHESTNEY UNITED STATES MAGISTRATE JUDGE 3 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION § § Plaintiff, § § vs. § § § § Defendant. § § SCHEDULING RECOMMENDATIONS The parties recommend that the following deadlines be entered in the scheduling order to control the course of this case: 1. A report on alternative dispute resolution in compliance with Local Rule CV-88 shall be filed by ___________________. 2. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties by __________________, and each opposing party shall respond, in writing, by ____________________. 3. The parties shall file all motions to amend or supplement pleadings or to join additional parties by __________________. 4. All parties asserting claims for relief shall file their designation of testifying experts and shall serve on all parties, but not file the materials required by FED. R. CIV. P. 26(a)(2)(B) by ___________________. Parties resisting claims for relief shall filed their designation of testifying experts and shall serve on all parties, but not file the materials required by FED. R. CIV. P. 26(a)(2)(B) by __________________. All designations of rebuttal experts shall be designated within 14 days of receipt of the report of the opposing expert. 5. 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 ____ days of receipt of the written report of the expert's proposed testimony, or within ____ days of the expert's deposition, if a deposition is taken, whichever is later. 6. The parties shall complete all discovery on or before _______________. Counsel may by agreement continue discovery beyond the deadline, but there will be no intervention by the Court except in extraordinary circumstances, and no trial setting will be vacated because of information obtained in post-deadline discovery. 4 7. All dispositive motions shall be filed no later than __________________. Dispositive motions as defined in Local Rule CV-7(c) and responses to dispositive motions shall be limited to _________ pages in length. 8. This case is set for jury selection and trial on _____, 2019 at _____ a.m. The final pretrial conference is set for _____, 2019 at _____ a.m. The Court will set a status conference in this case approximately three (3) to four (4) months prior to the above-referenced trial setting. The parties shall consult Local Rule CV-16(e)-(g) regarding matters to be filed in advance of trial. 9. All of the parties who have appeared in the action conferred concerning the contents of the proposed scheduling order on and the parties have (agreed/disagreed) as to its contents. The following positions and reasons are given by the parties for the disagreement as to the contents of the proposed scheduling by _________________. Plaintiff offers the following explanation of why all parties have not been served ___________________________. ___________________________ (Signature) ___________________________ (Print or type name) ATTORNEY FOR ____________________________ (Print or type name) CERTIFICATE OF SERVICE 5