Suarez v. U.S. Bank, NA, As Trustee

Western District of Texas, txwd-5:2019-cv-00704

Proposed Scheduling Order (Joint) by U.S. Bank, NA, as Trustee.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION FELIX ROBERT SUAREZ, § § Plaintiff/Counter-Defendant, § § v. § § Civil Action No. 5:19-cv-704-FB-ESC U.S. BANK TRUST NATIONAL § ASSOCIATION, AS TRUSTEE OF CVI § LCF MORTGAGE LOAN TRUST I, § § Defendant/Counter-Plaintiff. § JOINT PROPOSED SCHEDULING ORDER Pursuant to Rule 16 of the Federal Rules of civil Procedure, the following Scheduling Order is issued by the Court: 1. A report on alternative dispute resolution in compliance with Local Rule CV-88 shall be filed on or before September 16, 2019. 2. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties on or before September 16, 2019 and each opposing party shall respond, in writing, by October 9, 2019. 3. The parties shall file all motions to amend or supplement pleadings or to join additional parties by October 14, 2019. 4. All parties asserting claims for relief shall file their designation of testifying experts and shall serve on all parties, but not file the materials required by FED. R. CIV. P. 26(a)(2)(B) by September 18, 2019. Parties resisting claims for relief shall filed their designation of testifying experts and shall serve on all parties, but not file the materials required by FED. R. CIV. P. JOINT PROPOSED SCHEDULING ORDER PAGE 1 MWZM#: 18-000111-505 26(a)(2)(B) by November 4. 2019. 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 December 16, 2019. 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 January 15, 2020. Dispositive motions as defined in Local Rule CV-7(h) and responses to dispositive motions shall be limited to 20 pages in length. 8. The trial date will be determined at a later date by the Court. The parties shall consult Local Rule CV-16(e) 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 August 9, 2019 and the parties have agreed as to its contents. JOINT PROPOSED SCHEDULING ORDER PAGE 2 MWZM#: 18-000111-505 Respectfully submitted, By: _/s/ Philip W. Danaher MARK D. CRONENWETT Attorney in Charge Texas Bar No. 00787303 mcronenwett@mwzmlaw.com PHILIP W. DANAHER Texas Bar No. 24078395 pdanaher@mwzmlaw.com MACKIE WOLF ZIENTZ & MANN, PC 14160 North Dallas Parkway, Ste. 900 Dallas, TX 75254 Telephone: 214-635-2650 Facsimile: 214-635-2686 ATTORNEYS FOR DEFENDANT / COUNTER-PLAINTIFF and By: /s/ Robert C. Newark, III w/ permission by Philip W. Danaher ROBERT C. NEWARK, III Texas Bar No. 24040097 1341 W. Mockingbird Lane, Suite 600W Dallas, Texas 75247 office@newarkfirm.com ATTORNEY FOR PLAINTIFF / COUNTER-DEFENDANT CERTIFICATE OF SERVICE I certify that I have caused a copy of the foregoing to be delivered to the following by ECF service on August 13, 2019: Robert C. Newark, III 1341 W. Mockingbird Lane, Suite 600W Dallas, Texas 75247 office@newarkfirm.com Attorney for Defendants _/s/ Philip W. Danaher PHILIP W. DANAHER JOINT PROPOSED SCHEDULING ORDER PAGE 3 MWZM#: 18-000111-505