Pearson v. Colt Oilfield Services, LLC et al

Western District of Texas, txwd-5:2018-cv-01029

Proposed Scheduling Order by James Adkins, Paul Duffala, Douglas Pearson.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION DOUGLAS PEARSON and JAMES § ADKINS, Individually And An Behalf § Of All Others Similarly Situated Under § 29 U.S.C. §216(b), § PLAINTIFFS, § § V. § Civil Action No. 5:18-CV-1029-OLG § COLT OILFIELD SERVICES, LLC, AND § ROY E. (EDDIE) AGUILAR, § DEFENDANTS. § PROPOSED SCHEDULING ORDER Pursuant to the Court's Order dated December 4, 2018, the Parties submit the following Proposed Scheduling Order and respectfully request that the following deadlines be entered in the scheduling order to control the course of this case: 1. As set forth in the Stipulation and Order Regarding Notice to Potential Plaintiffs [Doc. 25], Defendants shall provide the Employee Information to Plaintiffs within 30 days of the date of said Order, and the opt-in period for the Class Members shall end 45 days after the date the Notice and Consent are initially mailed (the "Opt-In Deadline"). 2. A report on alternative dispute resolution in compliance with CV-88 shall be filed by 120 days after the Opt-In Deadline. 3. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties by 75 days after the Opt-In Deadline, and each opposing party shall respond, in writing, by 90 days after the Opt-In Deadline. 4. The parties shall file all motions to amend or supplement pleadings or to join additional parties by 30 days after the Opt-In Deadline. 5. 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 120 days after the Opt-In 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 150 days after the Opt-In Deadline. All designations of rebuttal experts shall be filed within 14 days of receipt of the report of the opposing expert. 6. 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. 7. The parties shall complete all discovery on or before 240 days after the Opt-In Deadline. 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. 8. All dispositive motions as defined in Rule CV-(c) shall be filed no later than 300 days after the Opt-In Deadline. 9. The Court will set this case for trial by separate order. The order will establish trial type deadlines to include pretrial matters pursuant to Local Rule CV-16(e)-(g) regarding matters to be filed in advance of trial. Respectfully submitted, /s/ Jack Siegel JACK SIEGEL Attorney in Charge Texas Bar No. 24070621 SIEGEL LAW GROUP PLLC 2820 McKinnon, Suite 5009 Dallas, Texas 75201 Telephone: 214.790.4454 Email: jack@siegellawgroup.biz ATTORNEYS FOR PLAINTIFF /s/ Melissa Morales Fletcher Melissa Morales Fletcher, Of Counsel State Bar No. 24007702 Email: Melissa@themoralesfirm.com THE MORALES FIRM, P.C. 6243 IH-10 West, Suite 132 San Antonio, Texas 78201 Telephone: (210) 225-0811 Facsimile: (210) 225-0821 GOODE CASSEB JONES RIKLIN CHOATE & WATSON, P.C. KYLE WATSON Watson@goodelaw.com Texas Bar No. 20971100 Jenna C. Castleman castleman@goodelaw.com Texas Bar No. 24105583 2122 N. Main Avenue San Antonio, Texas 78212 Tel: (210) 733-6030 Fax: (210) 733-0330 ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that I filed this document on January 18, 2019 and that notice of this filing will be distributed to all counsel of record through the District's ECF system. /s/ Jack Siegel Jack Siegel