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

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

ORDER SETTING INITIAL PRETRIAL CONFERENCE (Pretrial Conference set for 10/11/2019 2:00 PM before Judge Elizabeth S. Chestney). 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 SETTING INITIAL PRETRIAL CONFERENCE Before the Court is the above-styled and numbered cause of action, which was referred to the undersigned on September 30, 2019 for all pretrial proceedings [#29]. The record reflects 1 that the parties have already submitted their proposed scheduling recommendations [#18]. The Court will therefore set this case for an initial pretrial conference and order the parties to file a joint Rule 26(f) report. IT IS THEREFORE ORDERED that, pursuant to Rule 16 of the Federal Rules of Civil Procedure, this case is set for an Initial Pretrial Conference at 2:00 p.m. on October 11, 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 9, 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? 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? 2 The Court will address the substance of the parties' joint report and discovery plan at the Initial Pretrial Conference. SIGNED this 30th day of September, 2019. ELIZABETH S. ("BETSY") CHESTNEY UNITED STATES MAGISTRATE JUDGE 3