Peery v. Nixon Engineering,llc

Western District of Texas, txwd-6:2018-cv-00358

SCHEDULING ORDER: Amended Pleadings and Joinder of Parties due by 7/8/2019, Dispositive Motions due by 5/1/2020, Pretrial Conference set for 7/16/2020 10:00 AM before Judge Jeffrey C. Manske, Jury Trial set for 7/27/2020 09:00 AM before Judge Jeffrey C. Manske. Signed by Judge Jeffrey C. Manske.

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION JAYME PEERY, § § Plaintiff, § § v. § CASE NO. 6:18-CV-00358-ADA-JCM § NIXON ENGINEERING, LLC, § § Defendant. § SCHEDULING ORDER On May 22, 2019, the Court conducted a conference in the above entitled and numbered case. All parties appeared through counsel. As a result of such hearing, and pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the following schedule will govern deadlines up to and including the trial of this matter: Date Event May 22, 2019 Discovery commences on all issues. July 8, 2019 All motions to amend pleadings or to add parties shall be filed on or before this date. August 1, 2019 Deadline for Class Certification. Plaintiffs will file a Motion for Conditional Certification on or before this date. March 31, 2020 Fact Discovery Deadline. Fact discovery must be completed by this date. Any fact discovery requests must be propounded so that the responses are due by this date. October 31, 2019 The parties asserting claims for relief shall submit a written offer of settlement to opposing parties on or before this date. All offers of settlement are to be private, not filed, and the Court is not to be advised of the same. The parties are further ORDERED to retain the written offers of settlement and responses as the Court will use these in assessing attorney's fees and court costs at the conclusion of trial Page 1 of3 January 28, 2020 Parties with burden of proof to designate Expert Witnesses and provide their expert witness reports, to include all information required by Rule 26(a)(2)(B). December 6, 2019 Each opposing party shall respond, in writing, to the written offer of settlement made by the parties asserting claims for relief by this date. All offers of settlement are to be private, not filed, and the Court is not to be advised of the same. The parties are further ORDERED to retain the written offers of settlement and responses as the Court will use these in assessing attorney's fees and court costs at the conclusion of trial. February 27, 2020 Parties shall designate Rebuttal Expert Witnesses on issues for which the parties do not bear the burden of proof, and provide their expert witness reports, to include all information required by Rule 26(a)(2)(B). April 16, 2020 Expert Discovery Deadline. Expert discovery must be completed by this date. Any 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 identifiing the objectionable testimony, not later than 14 days of receipt of the written report of the expert's proposed testimony or not later than 14 days of the expert's deposition, if a deposition is taken, whichever is later. The failure to strictly comply with this paragraph will be de e me d a waive r of any objection that could have been made pursuant to Federal Rule of Evidence 702. May 1, 2020 All dispositive motions shall be filed and served on all other parties on or before this date and shall be limited to 25 pages. Responses shall be filed and served on all other parties not later than 14 days after the service of the motion and shall be limited to 20 pages. Any replies shall be filed and served on all other parties not later than 7 days after the service of the response and shall be limited to 10 pages, but the Court need not wait for the reply before ruling on the motion. July 8, 2020 By this date the parties shall meet and confer to determine pre-trial deadlines, including, inter alia, exchange of exhibit lists, designations of and objections to deposition testimony, and exchange of demonstratives. July 15, 2020 By this date the parties shall exchange a proposed jury charge and questions for the jury. By this date the parties will also exchange draft Motions in Limine to determine which may be agreed. July 16, 2020 at Final Pre-Trial Conference. The parties shall provide to the Court an 10:00 a.m. agreed jury charge with supported objections of each party, and proposed questions for the jury, at the final Pre-Trial Conference. Page 2 of 3 July 27, 2020 at Jury Trial Commences 9:00a.m. SIGNED this 22th day of May, 2019. UNITED STATES MAGISTRATE JUDGE Page 3 of 3