Singer et al v. Wells Fargo Bank, N.A.

Western District of Texas, txwd-5:2019-cv-00679

ORDER, (Pretrial Conference set for 10/30/2019 01:00 PM before Judge Elizabeth S. Chestney,), GRANTING 38 Joint MOTION to Continue /Extend Initial Pretrial Conference Scheduled for October 11, 2019 filed by Paul Singer. Signed by Judge Elizabeth S. Chestney.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION PAUL SINGER, INDIVIDUALLY AND § ON BEHALF OF ALL OTHERS § SIMILARLY SITUATED; SHAMEIKA § DIXON, JOHN O'CONNELL, CARLA § WATSON, GLADYS SIFUENTES, § RAQUEL CASTILLO, DARA PULIDO, § KRISTINE BUFFUM, GREGORY § RIELEY, NOEMI RUVALCABA, § TANISHA WILLIAMS, MATTHEW § BESECKER, VANESSA FRANCO, M. § MONTRICE GRAY, LETICIA § MARTINEZ, TIFFANY MORGAN- § FAULKER, JENNIFER QUARTARARO, § KAYLA DAVID, RAYMUNDO GARZA, § JONATHAN HERNANDEZ, TRICIA § ROYAL, PATRICIA WEIGE, KENNY § ANDERSON, CHRIS CRISCIONE, § KAYLA JONES, NICHOLAS LEFLEM, § BRYANA MITCHELL, HALEY § SA-19-CV-00679-JKP CAMPBELL, NICKKI GEORGE, § GABRIELLE V. OLIVER, JUDITH § PUZIN, LINDA SCHNABEL, JOANN § SCHRADE, JENNIFER CARR BATTS, § ISOL RIVERON-FERNANDEZ, § SHELBY HAMMITT, LINDA S. § HESSAA, NAVJOT MEHAT, LESLIE A. § TYLER, MATTHEW GARCIA, § ANTOINETTE TAYLOR, MARIA E. § VERDUGO, RITA WHITE, NIKOLAS § MENDOZA, PHYLICIA MINOR, § § Plaintiffs, § § vs. § § WELLS FARGO BANK, N.A., JAMES C. § COATESIII, § § Defendants. § ORDER CONTINUING INITIAL PRETRIAL CONFERENCE Before the Court in the above-styled cause of action is the parties' Joint Motion to Extend Initial Pretrial Conference Scheduled for October 11, 2019 [#38]. By their motion, the parties 1 inform the Court of a scheduling conflict and ask the Court to continue the Court's scheduled initial pretrial conference until a later date. The Court will grant the motion. IT IS THEREFORE ORDERED that the parties' Joint Motion to Extend Initial Pretrial Conference Scheduled for October 11, 2019 [#38] is GRANTED. IT IS FURTHER ORDERED that the Initial Pretrial Conference scheduled for October 11, 2019 at 2:00 p.m. is CANCELED. IT IS FURTHER ORDERED that this case is set for an Initial Pretrial Conference at 1:00 p.m. on October 30, 2019, in Courtroom B on the 4th Floor of the John H. Wood, Jr. United States Courthouse, 655 E. Cesar Chavez Boulevard, San Antonio, Texas, 78206. At the conference, the Court will enter a Scheduling Order in this case. Counsel may appear by phone for the conference. Counsel should contact Valeria Sandoval, Courtroom Deputy, for call-in information at chestney_chambers@txwd.uscourts.gov. The use of speaker phones is prohibited during a telephonic appearance. IT IS FURTHER ORDERED that the parties confer in the manner required by Rule 26(f) of the Federal Rules of Civil Procedure and submit a Joint Discovery/Case Management Plan that answers the following questions no later than October 28, 2019: 1. Are there any outstanding jurisdictional issues? For removed cases based on diversity jurisdiction, do the parties agree that the amount in controversy exceeded $75,000 at the time of removal? If not, each party should state its position on the amount in controversy. 2. Are there any unserved parties? If more than 90 days have passed since the filing of the Complaint or petition, should these unserved parties be dismissed? 3. What are the causes of action, defenses, and counterclaims in this case? What are the elements of the cause(s) of action, defenses, and counterclaims pled? 4. Are there any agreements or stipulations that can be made about any facts in this case or any element in the cause(s) of action? 5. State the parties' views and proposals on all items identified in Fed. R. Civ. P. 26(f)(3). 6. What, if any, discovery has been completed? What discovery remains to be done? Have the parties considered conducting discovery in phases? 7. What, if any, discovery disputes exist? 2 8. Have the parties discussed the desirability of filing a proposed order pursuant to Federal Rule of Evidence 502? 9. Have the parties discussed mediation? The Court will address the substance of the parties' joint report and discovery plan at the Initial Pretrial Conference. IT IS SO ORDERED. SIGNED this 10th day of October, 2019. ELIZABETH S. ("BETSY") CHESTNEY UNITED STATES MAGISTRATE JUDGE 3