Saldana v. Mission Drywall, Inc. et al

Western District of Texas, txwd-5:2018-cv-01060

Scheduling Recommendations Joint Scheduling Recommendations by David Ernst, Mission Drywall, Inc.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION MICHAEL SALDANA, INDIVIDUALLY § AND ON BEHALF OF ALL OTHERS § SIMILARLY SITUATED, LORENA § 5-18-CV-01060-FB-RBF CONTRERAS, JESUS S. OVALLE, § CHRISTIAN SANTANA, § § Plaintiffs, § § vs. § § MISSION DRYWALL, INC, BOB MUTZ, § DAVID ERNST, § § Defendants. § JOINT 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 July 24, 2019. 2. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties by July 24, 2019, and each opposing party shall respond, in writing by August 7, 2019. 3. The parties shall file all motions to amend or supplement pleadings or to join additional parties by August 23, 2019. 4. All parties asserting claims for relief shall file their designation of 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 July 23, 2019. Parties resisting claims for relief shall file their designation of 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 September 6, 2019. All designations of rebuttal experts shall be filed within 15 days of receipt of the report of the opposing expert. 5. An objections 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 objections 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 discovery on or before October 21, 2019 (the standard period being six months after the first defendant's appearance). 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 as defined in Local Rule CV-7(c) shall be filed no later than November 20, 2019. Dispositive motions and responses to dispositive motions shall be limited to limited to 20 pages in length. Replies, if any, shall be limited to 10 pages in length in accordance with Local Rule CV-7(f). 8. The trial date will be determined at a later date by the Court. The parties shall consult Local Rule CV-16(d) 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. 9. All of the parties who have appeared in the action conferred concerning the contents of the proposed scheduling order on June 24, 2019, and the parties have agreed as to its contents. Respectfully submitted, /s/ Michael V. Galo, Jr. Michael V. Galo, Jr. State Bar No. 00790734 GALO LAW FIRM, P.C. 4230 Gardendale, Bldg. 401 San Antonio, Texas 78229 Telephone: 210.616.9800 Facsimile: 210.616.9898 Email: mgalo@galolaw.com ATTORNEY FOR DEFENDANTS MISSION DRYWALL, INC. AND DAVID ERNST /s/ Clif Alexander Clif Alexander State Bar No. 24064805 Lauren E. Braddy State Bar No. 24071993 Alan Clifton Gordon State Bar No. 00793838 Carter T. Hastings State Bar No. 24101879 George Schimmel State Bar No. 24033039 ANDERSON ALEXANDER PLLC 819 N. Upper Broadway Corpus Christi, Texas 78401 Telephone: 361.452.1279 Facsimile: 361.452.1284 Email: clif@a2xlaw.com Email: lauren@a2xlaw.com Email: cgordon@a2xlaw.com Email: carter@atxlaw.com Email: geordie@a2xlaw.com ATTORNEYS FOR PLAINTIFFS /s/ David M. Evans David M. Evans State Bar No. 24032163 Attorney & Counselor at Law 750 East Mulberry, Suite 407 San Antonio, Texas 78212 Telephone: 210.880.4606 Facsimile: 210.800.9876 Email: david@dmeacl.cmo ATTORNEY FOR DEFENDANT BOB MUTZ CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been served on counsel for Plaintiffs and Defendant Bob Mutz on this 24th day of June, 2019, as follows: Mr. Clif Alexander Ms. Lauren E. Braddy Mr. Alan Clifton Gordon Mr. Carter T. Hastings Mr. George Schimmel ANDERSON ALEXANDER, PLLC 819 N. Upper Broadway Corpus Christi, Texas 78401 via Electronic Filing System David M. Evans Attorney & Counselor at Law 750 East Mulberry, Suite 407 San Antonio, Texas 78212 via Electronic Filing System /s/ Michael V. Galo, Jr. Michael V. Galo, Jr.