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

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

Scheduling Recommendations by Paul Singer.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION PAUL SINGER and § Civil Action No. 5:19-CV-679-DAE SHAMEIKA DIXON, § Individually and on behalf § of all others similarly situated § JURY TRIAL DEMANDED § Plaintiff, § § COLLECTIVE ACTION v. § PURSUANT TO 29 U.S.C. § 216(b) § WELLS FARGO BANK, N.A. § § CLASS ACTION PURSUANT Defendant. § TO FED. R. CIV. P. 23(b)(3) SCHEDULING RECOMMENDATIONS The parties in the above-referenced matter are still meeting and conferring, but recommend that the following deadlines be entered in the scheduling order to control the case: 1. A report on alternative dispute resolution in compliance with Local Rule CV-88 shall be filed by October 22, 2019. 2. At this time, the parties believe that the deadline for Plaintiffs to submit a written offer of settlement should coincide with the deadline for any class certification motion. As this case progresses, counsel will continue to evaluate whether the exchange of a written settlement offer and response to any such offer at an earlier point in time would be preferable. 3. The parties shall file all motions to amend or supplement pleadings or to join additional parties by November 21, 2019. 4. The parties request that the scheduling of dates for the designation of potential witnesses, testifying experts, and proposed exhibit exchange be handled at a later case management conference to be held after the issues of collective and class certification have been resolved. 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 discovery on or before August 20, 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. The parties have agreed to continue to meet and confer and to file a supplemental scheduling recommendation with the Court regarding the deadline to file any dispositive motions. 8. The hearing on dispositive motions will be set by the Court after all responses and replies have been filed. 9. The Court will set the case for trial by separate order. The order will establish trial type deadlines to include pretrial matters pursuant to Local Rule CV-16(e)-(g). 10. All of the parties who have appeared in the action conferred concerning the contents of the proposed scheduling order on August 29, 2019, and the parties have agreed as to its contents. SIGNED AND ENTERED this _______ day of _________________, 2019. ________________________________ JUDGE JASON K. PULLIAM UNITED STATES DISTRICT JUDGE AGREED AGREED /s/ Clif Alexander /s/ Mark A. McNitzky Clif Alexander Martin D. Bern, #153203CA State Bar No. 24064805 (Admitted pro hac vice) clif@a2xlaw.com Malcolm A. Heinicke, #194174CA Lauren E. Braddy (Admitted pro hac vice) Texas Bar No. 24071993 Marja-Liisa Overbeck, #261707CA lauren@a2xlaw.com (Admitted pro hac vice) Alan Clifton Gordon Catherine N. Grech, #291469CA Texas Bar No. 00793838 (Admitted pro hac vice) cgordon@a2xlaw.com 560 Mission Street, 27th Floor Carter T. Hastings San Francisco, California 94105 Texas Bar No. 24101879 Telephone: (415) 512-4000 carter@a2xlaw.com Facsimile: (415) 512-4077 819 N. Upper Broadway Email: malcolm.heinicke@mto.com Corpus Christi, Texas 78401 Email: mari.overbeck@mto.com Telephone: (361) 452-1279 Facsimile: (361) 452-1284 Mark A. McNitzky ATTORNEY FOR PLAINTIFFS State Bar No. 24065730 mark.mcnitzky@ogletreedeakins.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 2700 Weston Centre 112 East Pecan Street San Antonio, TX 78205 Telephone: 210.354.1300 Facsimile: 210.277.2702 ATTORNEYS FOR DEFENDANT WELLS FARGO BANK, N.A. CERTIFICATE OF SERVICE I hereby certify that on August 29, 2019, I electronically filed the foregoing document with the clerk of the court for the U.S. District Court, Western District of Texas, using the electronic case filing system of the court. The electronic case filing system sent a "Notice of Electronic Filing" to the attorneys of record who have consented in writing to accept this Notice as service of this document by electronic means. /s/ Clif Alexander Clif Alexander