Taylor v. C6 Disposal Systems, Inc.

Western District of Texas, txwd-5:2019-cv-00347

Proposed Scheduling Order by C6 DISPOSAL SYSTEMS, INC.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION CHARLES TAYLOR, § Individually and on behalf of all § others similarly situated § § PLAINTIFF, § § v. § CIV. ACTION NO. 5:19-CV-00347-ESC § C6 DISPOSAL SYSTEMS, INC., § DEFENDANT. § § PROPOSED SCHEDULING ORDER The parties recommend that the following deadlines be entered in the scheduling order 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 November 29, 2019. 2. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties by November 29, 2019, and each opposing party shall respond, in writing, by December 13, 2019. 3. The parties shall file all motions to amend or supplement pleadings or to join additional parties by October 18, 2019. 4. All parties asserting claims for relief shall FILE their designation of testifying experts and SERVE on all parties, but not file, the materials required by FED. R. CIV. P. 26(a)(2)(B) by December 6, 2019. Parties resisting 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 January 20, 2020. All designations of rebuttal experts shall be filed 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 thirty (30) days of receipt of the written report of the expert's proposed testimony, or within thirty (30) days of the expert's deposition, if a deposition is taken, whichever is later. 1 6. The parties shall complete discovery on or before March 6, 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. Plaintiff shall file his Motion for Class Certification no later than March 16, 2020. Defendant shall file its Opposition to Class Certification no later than April 13, 2020. Plaintiff shall file his Reply no later than April 27, 2020. 7. All dispositive motions shall be filed no later than May 3, 2019. Dispositive motions as defined in Local Rule CV-7(c) and responses to dispositive motions shall be limited to twenty (20) pages in length. 8. This case is set for jury selection and trial on _________, 2019 at _____ a.m. The final pretrial conference is set for __________, 2019 at _____ a.m. The Court will set a status conference in this case approximately three (3) to four (4) months prior to the above-referenced trial setting. 9. All of the parties who have appeared in the action conferred concerning the contents of the proposed scheduling order on July 25, 2019, and the parties have agreed as to its contents. SIGNED AND ENTERED this ____ day of _______________, 2019. __ HONORABLE ELIZABETH S. CHESTNEY UNITED STATES MAGISTRATE JUDGE AGREED: ANDERSON ALEXANDER, PLLC By: /s/ Lauren E. Braddy CLIF ALEXANDER Federal I.D No.: 1138436 State Bar No.: 24064805 clif@a2xlaw.com LAUREN E. BRADDY Federal I.D. No.: 1122168 State Bar No.: 24071993 lauren@a2xlaw.com ALAN CLIFTON GORDON Federal I.D. No.: 19259 State Bar No.: 00793838 cgordon@a2xlaw.com 2 CARTER T. HASTINGS Federal I.D. No.: 3101064 State Bar No.: 24101879 carter@a2xlaw.com 819 N. Upper Broadway Corpus Christi, Texas 78401 (361) 452-1279 Telephone (361) 452-1284 Facsimile Attorneys for Plaintiff and Putative Class Members RILEY & RILEY ATTORNEYS AT LAW By: /s/ Charles Riley CHARLES RILEY State Bar No. 24039138 320 Lexington Avenue. San Antonio, Texas 78215 (210) 225-7236 Telephone (210) 227-7907 Facsimile charlesriley@rileylawfirm.com Attorney for Defendant 3