Gibbons v. Data Search, Inc.

Western District of Texas, txwd-5:2019-cv-00107

Scheduling Recommendations by Michael J. Gibbons.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION Michael J. Gibbons § § § Civil Action No.: § 5:19-cv-107-FB § V § § § § Data Search, Inc. § § § SCHEDULING RECOMMENDATIONS ___________________________________________ The parties recommend that the following deadlines be entered in the scheduling order to control the course of this case. 1. Alternative Dispute Resolution ("ADR"): A report on AD R resolution in compliance with Local Rule CV -88 shall be filed on or before July 22, 2019 2. Offer of Settlement: Parties asserting any claims for relief must submit a written offer of settlement to opposing parties by August 1, 2019 and each opposing party must respond in writing by August 14, 2019. 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 may use these in assessing attorneys' fees and costs at th e 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. 3. Amend/Supplement Pleadings, Joinder of Parties: a. The deadline for Plaintiff(s) to file a motion seeking leave to amend pleadings; or to join parties is August 20, 2019. b. The deadline for Defendant(s) to file a motion (1) to designate responsible third parties, pursuant to Texas Civil Practices & Remedies Code § 33.004(a), to the extent it may apply in this case; (2) to seek leave to amend pleadings; or (3) to join parties is September 4, 2019. 4. Designation of Witnesses, Experts, and Exhibits: a. All parties asserting claims for relief shall file their designation of potential witnesses, testifying experts, and proposed exhibits, and must serve on all parties —but not file—the materials required by Fed. R. Civ. P. 26(a)(2)(B) by September 19, 2019. b. Parties resisting claims for relief must file t heir designation of potential witnesses, testifying experts, and proposed exhibits, and must serve on all parties —but not file—the materials required by Fed. R. Civ. P. 26(a)(2)(B) by October 19, 2019. c. All designations of rebuttal experts must occur wi thin 30 days after receipt of the report of the opposing expert. 5. Expert Testimony Objection: An objection to the reliability of an expert's proposed testimony under Federal Rule of Evidence 702 must be made by motion, specifically stating the basis f or the objection and identifying the objectionable testimony, within 30 days after receipt of the written report of the expert's proposed testimony, or within 30 days after 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)(2) is _______________________. The parties, however, are advised that supplemental disclosures "are not intended to provide an extension of the deadline by which a party must deliver th e lion's share of its expert information." 6. Discovery: a. The parties must complete all discovery by December 18, 2019. b. Written discovery requests are not timely if they are filed so close to this deadline that under the Federal Rules of Civil Pr ocedure the response would not be due until after the deadline. See Local Rule CV-16(d). c. Counsel may by agreement continue discovery beyond the deadline. The parties are advised that should they agree to extend discovery beyond the deadline, there will be no intervention by the Court except in exceptional circumstances. No trial setting will be vacated because of information obtained in post -deadline discovery. See Local Rule CV-7(d). 7. Pretrial Motions: a. All dispositive motions, as defined by Local Rule CV -7(c), shall be filed by January 21, 2020. Dispositive motions and responses to dispositive motions are limited to 20 pages in length, and any reply in support of a dispositive motion is limited to 10 pa ges in length. See Local Rules CV -7(d)(3), (e)(3), and (f)(3). b. Further, notwithstanding any deadline provided herein, no motion (other than a motion in limine) may be filed after January 31, 2020 except for good cause. 8. Final Pretrial Order: The d eadline to file a Final Joint Pretrial Order and any motion in limine is _____________________. Responses to motions in limine are due seven (7) days after the motion is filed. 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 a jury panel for an introdu ction 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 At least three (3) days before the Final Joint Pretrial Order is due, counsel will make all exhibits, including documentary exhibits, available for examination by opposing counsel. 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 state ment of the nature of their testimony; (10) the name of those witnesses whose testimony is expected to be presented by means of a deposition and designation by reference to page and line of the testimony to be offered (except those to be used for impeachment only) and, if not taken stenographically, a transcript of the pertinent portions of the deposition testimony; (11) an estimate of the length of trial; (12) for a jury trial, include (a) proposed questions for the voir dire examination, and (b) a p roposed charge, including instructions, definitions, and special interrogatories, with citations to authority provided in footnotes; (13) for a nonjury trial, include (a) proposed findings of fact and (b) proposed conclusions of law, with authority; (14) the signatures of all attorneys; and (15) a place for the date and the signature of the presiding judge. The parties are advised to consult Local Rule CV -7(f) for objections that must be filed in advance of the final pretrial conference. 9. Final Pretrial Conference: The final pretrial conference is set for _______at _______a.m. 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 Or der. 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 addresse d at the final pretrial conference. 10. Trial Date: This case is set for jury selection and trial on _______at _______a.m. 11. All of the parties who have appeared in the action conferred concerning the contents of the proposed scheduling order on July 15 and 16, 2019 and the parties have agreed as to its contents. Signed July 16, 2019 Respectfully Submitted, /s/William M. Clanton William M. Clanton Texas Bar No. 24049436 Law Office of Bill Clanton, P.C. 926 Chulie Dr. San Antonio, Texas 78216 210 226 0800 210 338 8660 fax By: /s/ A. Lee Rigby A. Lee Rigby State Bar No. 24029796 David C. Lawrence State Bar No. 24041304 RIGBY SLACK LAWRENCE BERGER + COMERFORD, PLLC 6836 Austin Center Blvd, Suite 100 Northpoint Center, Building 1 Austin, Texas 78731 Telephone: (512) 782-2060 ATTORNEYS FOR DEFENDANT