Garza et al v. Cherokee Healthcare Services

Western District of Texas, txwd-5:2019-cv-00353

Scheduling Recommendations by Cherokee Healthcare Services.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION CYNTHIA GARZA, ELSA TOSCANO § NORMA BEXAR-MOLINE, TERESA § VILLANUEVA, AND SAN JUANA § GOMEZ, INDIVIDUALLY AND ON § BEHALF OF ALL THOSE SIMILARLY§ SITUATED § § Plaintiff, § § v. § CIVIL ACTION NO. 5:19-cv-353-FB § CHEROKEE HEALTHCARE SERVICES § § Defendant. § SCHEDULING ORDER 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 Rule CV-88 shall be filed by 120 days after the opt-in period closes if the Court conditionally certifies a class or 120 days after the Court's denial of Plaintiff's motion for conditional certification. 2. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties by 120 days after the opt-in period closes if the Court conditionally certifies a class or 120 days after the Court's denial of Plaintiff's motion for conditional certification, and each opposing party shall respond, in writing, by 14 days after Plaintiff's written offer of settlement. 3. The parties shall file all motions to amend or supplement pleadings or to join additional parties by 120 days after 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 Federal Rule of Civil Procedure 26(a)(2)(B) by 90 days before the discovery deadline. Parties resisting claims for relief shall file their designation of testifying experts and shall serve on all parties, but not file, the materials required by Federal Rule of Civil Procedure 26(a)(2)(B) by 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, not later than 30 days of receipt of the written report of the expert's proposed testimony, or not later than 30 days of the expert's deposition, if a deposition is taken, whichever is later. 6. The parties are currently conferring in good faith on whether they can agree on a class and notice for conditional certification. If the parties are unable to reach an agreement, Plaintiff intends to file a motion for conditional certification. The parties request that they submit a revised schedule with a discovery deadline to the Court ten days after the close of the opt-in period if the Court conditionally certifies a class or, alternatively, ten days after the Court denies Plaintiff's motion for conditional certification. 7. All dispositive motions as defined in Rule CV-7(c) shall be filed no later than 30 days after the discovery deadline. 8. The parties are currently conferring in good faith on whether they can agree on a class and notice for conditional certification. If the parties are unable to reach an agreement, Plaintiff intends to file a motion for conditional certification. The parties request that they submit a revised schedule with a recommended trial docket to the Court ten days after the close of the opt-in period if the Court conditionally certifies a class or, alternatively, ten days after the Court denies Plaintiff's motion for conditional certification. Respectfully submitted, /s/ Philip R. Bruce Shannon B. Schmoyer Texas Bar No. 17780250 SCHMOYER REINHARD LLP 17806 IH 10 West, Suite 400 San Antonio, Texas 78257 Telephone: 210.447.8033 Facsimile: 210.447.8036 sschmoyer@sr-llp.com W. Kirk Turner, OBA # 13791 (admitted pro hac vice) Philip R. Bruce (admitted pro hac vice) Jacob S. Crawford (admitted pro hac vice) McAfee & Taft, A Professional Corporation Williams Center Tower II Two W. Second Street, Suite 1100 Tulsa, Oklahoma 74103 Telephone: (918) 587-0000 Facsimile: (918) 599-9317 kirk.turner@mcafeetaft.com philip.bruce@mcafeetaft.com Jacob.crawford@mcafeetaft.com ATTORNEYS FOR DEFENDANT CHEROKEE NATION HEALTHCARE SERVICES, LLC -and- s/ signed with permission Chris R. Miltenberger Texas Bar NO. 14171200 The Law Office of Chris R. Miltenberger, PLLC 1360 N White Chapel Suite 200 Southlake, Texas 76092-4322 Office: 817-416-5060 Fax: 817-416-5062 chris@crmlawpractice.com ATTONERY FOR PLAINTIFFS CERTIFICATE OF SERVICE ☒ I hereby certify that on July 12, 2019 I electronically transmitted the foregoing document to the Clerk of Court using the ECF System for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: Chris R. Miltenberger Texas Bar NO. 14171200 The Law Office of Chris R. Miltenberger, PLLC 1360 N White Chapel Suite 200 Southlake, Texas 76092-4322 Office: 817-416-5060 Fax: 817-416-5062 chris@crmlawpractice.com ATTONERY FOR PLAINTIFFS /s/ Philip R. Bruce Philip R. Bruce