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

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

SCHEDULING ORDER: ADR Report Deadline due by 9/16/2019, Amended Pleadings due by 10/14/2019, Discovery due by 12/16/2019, Joinder of Parties due by 10/14/2019, Dispositive Motions due by 1/15/2020. 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 FELIX ROBERT SUAREZ, § § Plaintiff, § SA-19-CV-00704-FB § vs. § § U.S. BANK, NA, AS TRUSTEE, § § Defendant. § SCHEDULING ORDER Before the Court is the above-styled and numbered cause of action, which was referred to the undersigned for all pretrial proceedings on June 21, 2019 [#3]. On August 28, 2019, Defendant appeared, through counsel, at an initial pretrial conference. Plaintiff failed to make an appearance as ordered by the Court. At the conference, the Court reviewed the parties' joint scheduling recommendations [#11]. Accordingly, pursuant to Rule 16 of the Federal Rules of Civil Procedure, the following Scheduling Order is issued 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 September 16, 2019. 2. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties by 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 potential witnesses, testifying experts, and proposed exhibits and shall serve on all parties, but not file, the materials 1 required by Fed. R. Civ. P. 26(a)(2)(B) by September 18, 2019. Parties resisting claims for relief shall file their designation of potential witnesses, 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 November 4, 2019. All designations of rebuttal experts shall be designated within 15 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 as defined in Local Rule CV-7(c) shall be filed no later than January 15, 2020. Dispositive motions as and responses to dispositive motions shall be 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(e)-(g) 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. If at any time during the pendency of this lawsuit, you would like to consent to the trial of your case by a United States Magistrate Judge, please indicate your consent on the 2 attached form or request a form through the Clerk's Office. If all parties consent to trial of this case by a United States Magistrate Judge, this Court may enter an order referring the case to a United States Magistrate Judge for trial and entry of judgment. IT IS SO ORDERED. SIGNED this 29th day of August, 2019. ELIZABETH S. ("BETSY") CHESTNEY UNITED STATES MAGISTRATE JUDGE 3 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION § Plaintiff, § § vs. § § § Defendant. § § § CONSENT TO PROCEED TO TRIAL BEFORE A UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of 28 U.S.C. § 636(c), the parties to the above captioned civil matter hereby waive their rights to proceed before a judge of the United States District Court and consent to have a United States Magistrate Judge conduct any and all further proceedings in the case, including the trial, and order the entry of judgment. Any appeal shall be taken to the United States Court of Appeals for this judicial circuit, in accordance with 28 U.S.C. § 636(c)(3). ____________________________ By:____________________________ Party Attorney ____________________________ By:_____________________________ Party Attorney ____________________________ By:_____________________________ Party Attorney APPROVED this the ______ day of _________________, 2019. _________________________________________ FRED BIERY UNITED STATES DISTRICT JUDGE 4