Day v. Sierra Services, LLC

Western District of Texas, txwd-5:2019-cv-00066

Proposed Scheduling Order by Sheldon Day.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION SHELDON DAY, Individually and § On Behalf of All Others Similarly § Situated, § § Plaintiff, § § v. § NO. 5:19-CV-00066 § SIERRA SERVICES, LLC, § § Defendant. § PROPOSED SCHEDULING ORDER 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 June 27, 2019. 2. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties by June 27, 2019, and each opposing party shall respond, in writing by July 11, 2019. 3. The parties shall file all motions to amend or supplement pleadings or to join additional parties by July 27, 2019. 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 July 2, 2019. 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 1 August 16, 2019. All designations of rebuttal experts shall be designated within 15 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 30 days of receipt of the written report of the expert's proposed testimony, or within 30 days of the expert's deposition, if a deposition is taken, whichever is later. 6. The parties shall complete all discovery on or before September 30, 2019. 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 no later than October 30, 2019. Dispositive motions as defined in Local Rule CV-7(h) and responses to dispositive motions shall be limited to 20 pages in length. 8. The trial date will be determined at a later date by the Court. The parties shall consult Local Rule CV-16(e) regarding matters to be filed in advance of trial. At the time the trial date is set, the Court will also set the deadline for the filing of matters 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 May 30, 2019, and the parties have agreed as to its contents. 2 Dated: May 31, 2019 Respectfully submitted, Melissa Moore State Bar No. 24013189 Curt Hesse State Bar No. 24065414 Bridget Davidson (Of Counsel) State Bar No. 24096858 MOORE & ASSOCIATES Lyric Center 440 Louisiana Street, Suite 675 Houston, Texas 77002 Telephone: (713) 222-6775 Facsimile: (713) 222-6739 ATTORNEYS FOR PLAINTIFFS /s/ Adam C. Kiehne *with permission MAM Blake W. Stribling State Bar No. 24070691 Adam C. Kiehne State Bar No. 24054926 CHASNOFF MUNGIA PEPPING & STRIBLING, PLLC 1020 N.E. Loop 410, Suite 150 San Antonio, Texas 78209 Telephone: (210) 469-4155 Email: Email: ATTORNEYS FOR DEFENDANT 3 CERTIFICATE OF SERVICE On May 31, 2019, I electronically submitted the foregoing document with the clerk of court for the U.S. District Court, Western District of Texas, using the electronic case filing system of the court. I hereby certify that I have served all counsel and/or pro se parties of record electronically or by another manner authorized by Federal Rule of Civil Procedure 5(b)(2). Melissa Moore 4