V. Quicken Loans, Inc.

Western District of Texas, txwd-5:2019-cv-00697

Proposed Scheduling Order by Quicken Loans, Inc.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION § PABLO E. GAY and ANNA J. SUBIA § § Plaintiff, § NO. SA-19-CA-00697-OLG § vs. § § § QUICKEN LOANS, INC. § § § Defendant. § SCHEDULING ORDER Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court issues the following Scheduling Order: Pursuant to 28 U.S.C. §636(c)(1), all full-time Magistrate Judges are authorized and empowered to try any civil case, jury or non-jury, with the consent of all parties to the lawsuit. If you wish to consent to trial before a Magistrate Judge, you may indicate your consent on the attached form. Your consent to trial by a Magistrate Judge, must be voluntary, and you are free to withhold consent without suffering any adverse consequences. If all parties consent to trial of this case by a Magistrate Judge, the Court will enter an order referring the case to a Magistrate Judge for trial and for entry of judgment. If the case has already been referred to a magistrate Judge for pretrial matters and the parties consent to Magistrate Judge trial, the trial will be before the Magistrate Judge already assigned to the case. At the request of the Bar, the San Antonio District Judges have implemented a procedure whereby a United States Magistrate Judge is assigned to each civil case at the time it is filed. The assignments are made randomly and are evenly divided among the three San Antonio Magistrate Judges. If a pretrial matter is referred by the District Judge, it will be handled by the United States Magistrate Judge to whom the case is assigned. Similarly, if the parties consent to Magistrate Judge jurisdiction, the case will be placed on the docket of the assigned Magistrate Judge for all future proceedings, including entry of final judgment. 28 U.S.C. Section 636(c). The United States Magistrate Judge assigned to this case is Judge Richard B. Farrer. 1. A report on alternative dispute resolution in compliance with Local Rule CV-88 shall be filed by December 13, 2019 REGARDLESS OF WHETHER THE PARTIES CONCLUDE THAT ADR IS APPROPRIATE OR NOT, THE PARTIES SHALL INCLUDE THE NAME, ADDRESS AND TELEPHONE NUMBER OF A COURT- APPROVED MEDIATOR OR A MEDIATOR AGREED UPON BY BOTH PARTIES IN THEIR ADR REPORT. A list of court-approved neutrals and alternative dispute resolution summary form may be obtained at http://www.txwd.uscourts.gov/forms/mediator.asp. If you do not have access to the internet, you may call the United States District Clerk's office at (210) 472-6550 to obtain a copy. 2. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties by January 13, 2020 and each opposing party shall respond, in writing, by January 27, 2020. 3. The parties shall file all motions to amend or supplement pleadings or to join additional parties by January 30, 2020. 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 January 13, 2020. Parties resisting 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 February 11, 2020. All designations of rebuttal experts shall be FILED, and the materials required by Fed. R. Civ. P. 26(a)(2)(B) for such rebuttal experts, to the extent not already served, shall be SERVED, 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 (11) days of receipt of the written report of the expert's proposed testimony, or within (11) days of the expert's deposition, if a deposition is taken, whichever is later. 6. The parties shall complete all discovery on or before March 12, 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 shall mediate this case on or before March 20, 2020, unless the parties seek an order from the Court excusing them from mediation. 8. All dispositive motions shall be filed no later than March 27, 2020. Dispositive motions as defined in Local Rule CV-7(h) and responses to dispositive motions shall be limited to 20 pages in length. 9. This case is set for jury selection and trial on July 10, 2020, at 9:30 a.m. The parties should consult Local Rule CV-16(e) regarding matters to be filed in advance of trial. SIGNED AND ENTERED this _____ day of _____________. _________________________________ ORLANDO L. GARCIA UNITED STATES DISTRICT JUDGE DA 424544.2 ORDER PREPARED BY: By: /s/ Jacob Sparks Jacob Sparks Texas Bar No. 24066126 SPENCER FANE LLP 5700 Granite Parkway, Suite 650 Plano, Texas 75024 Tel: (972) 324-0300 Fax: (972) 324-0301 Email: JSparks@SpencerFane.com Attorneys for Defendant Quicken Loans Inc. APPROVED AS TO FORM AND CONTENT: /s/Robert C. Newark, III Robert C. Newark, III State Bar No. 24040097 office@newarkfirm.com 1341 W. MOCKINGBIRD LANE, STE 600W DALLAS, TEXAS 75247 (866)230-7236 (888)316-3398 (FAX) ATTORNEY FOR PLAINTIFF DA 424544.2