Pruitt et al v. Act Fast Delivery, Inc. et al

Western District of Texas, txwd-5:2019-cv-00049

Scheduling Recommendations by Act Fast Courier of Texas, Inc., Act Fast Delivery of Houston, Inc., Act Fast Delivery of S.A., Inc., Act Fast Delivery of Travis County, Inc., Act Fast Delivery of Tyler, Inc., Act Fast Delivery, Inc., Act Fast of Coastal Bend, Inc., Mike D Miller.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION SANDRA PRUITT, JASMINE § HUNTSBERRY, YUVANNDA § WATSON, AYAN NUR, and KAREN § LAWSON, Individually and § On Behalf of All Others Similarly § Situated, § Plaintiffs, § § V. § § C.A. No. 5:19-CV-00049-DAE ACT FAST DELIVERY, INC.; ACT § FAST COURIER OF TEXAS, INC.; § ACT FAST DELIVERY OF § HOUSTON, INC.; ACT FAST OF § COASTAL BEND, INC.; ACT FAST § DELIVERY OF S.A., INC.; ACT § FAST DELIVERY OF TYLER, § INC.; ACT FAST DELIVERY OF § TRAVIS COUNTY, INC.; and § MIKE MILLER; § Defendants § AGREED SCHEDULING 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 Local Rule CV-88 shall be filed by November 4, 2019. 2. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties by November 4, 2019, and each opposing party shall respond, in writing, by November 18, 2019. 3. The parties shall file all motions to amend or supplement pleadings or to join additional parties by October 4, 2019. 4. All parties asserting claims for relief shall file their designation of potential witnesses, testifying experts, and proposed exhibits, and shall serve on all parties, but not file the materials required by FED. R. CIV. P. 26(a)(2)(B) by January 16, 2020. Parties resisting claims for relief shall file their designation of potential witnesses, testifying experts, and proposed exhibits, and shall serve on all parties, but not file the materials required by FED. R. CIV. P. 26(a)(2)(B) by February 28, 2020. All designations of rebuttal experts shall be designated 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, 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 April 15, 2020. 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 May 15, 2020 Dispositive motions as defined in Local Rule CV-7(c) and responses to dispositive motions shall be limited to twenty (20) pages in length. Replies, if any, shall be limited to ten (10) pages in length in accordance with Local Rule CV-7(e). If the parties elect not to file dispositive motions, they must contact the courtroom deputy on or before this deadline in order to set a trial date. 8. The hearing on dispositive motions will be set by the Court after all responses and replies have be filed. Agreed Scheduling Recommendations Page 2 of 5 9. The trial date will be determined at a later date by the Court. The parties shall consult Local Rule CV-16(e)-(g) 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. 10. All of the parties who have appeared in the action conferred concerning the contents of the proposed scheduling order on July 9, 2019, and the parties have agreed as to its contents. Agreed Scheduling Recommendations Page 3 of 5 Respectfully submitted, HUGHES WATTERS ASKANASE, L.L.P. By: /s/ Joseph F. Colvin, Jr. Joseph F. Colvin, Jr. TBN: 24072777 Fed. I.D. No. 1512984 Total Plaza 1201 Louisiana, 28th Floor Houston, Texas 77002 Phone: (713) 759-0818 Fax: (713) 759-6834 jcolvin@hwa.com ATTORNEYS FOR DEFENDANTS MOORE & ASSOCIATES By: /s/ Melissa Moore Melissa Moore State Bar No. 24013189 melissa@mooreandassociates.net Curt Hesse State Bar No. 24065414 curt@mooreandassociates.net Bridget Davidson State Bar No. 24096858 bridget@mooreandassociates.net Lyric Center 440 Louisiana St., Suite 675 Houston, Texas 77002 Telephone: (713) 222-6775 Facsimile: (713) 222-6739 ATTORNEY FOR PLAINTIFFS Agreed Scheduling Recommendations Page 4 of 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Agreed Scheduling Recommendations was served on the following counsel of record via the Court's ECF Filing System on the 10th day of July 2019: Melissa Moore – melissa@mooreandassociates.net Moore & Associates Lyric Center 440 Louisiana, Ste. 675 Houston, Texas 77002 Bridget Dale Davidson – bridget@mooreandassociates.net Moore & Associates Lyric Center 440 Louisiana, Ste. 675 Houston, Texas 77002 Curt Christopher Hesse – curt@mooreandassociates.net Moore & Associates Lyric Center 440 Louisiana, Ste. 675 Houston, Texas 77002 By: /s/ Joseph F. Colvin, Jr. Joseph F. Colvin, Jr. Agreed Scheduling Recommendations Page 5 of 5