White, Jr. et al v. Pulman, Cappuccio, & Pullen, LLP et al

Western District of Texas, txwd-5:2019-cv-00535

Scheduling Recommendations Joint Scheduling Recommendations by Elliot Cappuccio, Pulman, Cappuccio, & Pullen, LLP.

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION ED WHITE, JR. and ELLA WHITE, on § behalf of themselves and all others similarly § situated, § § Plaintiffs, § § vs. § Civil Action No. 5:19-cv-00535 § PULMAN, CAPPUCCIO & PULLEN, LLP; § ELLIOTT CAPPUCCIO, ESQ.; and JOHN § AND JANE DOES 1-25, § § Defendants. § JOINT SCHEDULING RECOMMENDATIONS 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 October 10, 2019. 2. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties by October 10, 2019, and each opposing party shall respond, in writing, by October 24, 2019. 3. The parties shall file all motions to amend or supplement pleadings or to join additional parties by November 11, 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 required by Fed. R. Civ. P. 26(a)(2)(B) by January 6, 2020. Parties resisting claims for relief shall file their designation of potential witnesses, testifying experts, and proposed exhibits, 4846-4454-9533 and shall serve on all parties, but not file the materials required by Fed. R. Civ. P. 26(a)(2)(B) by February 21, 2010. 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 April 6, 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. All dispositive motions shall be filed no later than May 6, 2020. Dispositive motions as defined in Local Rule CV-7(c) and responses to dispositive motions shall be limited to twenty (20) pages in length. Replies, if any, shall be limited to ten (10) pages in length in accordance with Local Rule CV-7(e). If the parties elect not to file dispositive motions, they must contact the courtroom deputy on or before this deadline in order to set a trial date. 8. If required, a 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). 2 4846-4454-9533 10. All of the parties who have appeared in the action conferred concerning the contents of the proposed scheduling order on July 29, 2019, and the parties have agreed as to its contents. Respectfully submitted this 14th day of August 2019. /s/ Mary W. Byars /s/ Andrew T. Thomasson Casey L. Dobson (TX Bar # 05927600) Andrew T. Thomasson (NJ Bar # 048362011) Mary W. Byars (TX Bar # 24097443) Philip D. Stern (NJ Bar # 045921984) SCOTT DOUGLASS & MCMCONNICO LLP Francis R. Greene (IL Bar # 6272313) 303 Colorado Street, Suite 2400 STERN•THOMASSON LLP Austin, TX 78701-3234 150 Morris Avenue, 2nd Floor Telephone: (512) 495-6300 Springfield, NJ 07081-1315 Facsimile: (512) 495-6399 Telephone: (973) 379-7500 E-Mail: cdobson@scottdoug.com E-Mail: andrew@sternthomasson.com E-Mail: mbyars@scottdoug.com E-Mail: philip@sternthomasson.com E-Mail: francis@sternthomasson.com Attorneys for Defendants, Pulman, Cappuccio & Pullen, LLP and Elliott Cappuccio William M. Clanton (TX Bar No. 24049436) LAW OFFICE OF BILL CLANTON P.C. 926 Chulie Drive San Antonio, TX 78216 Telephone: (210) 226-0800 E-Mail: bill@clantonlawoffice.com Attorneys for Plaintiffs, Ed White Jr. and Ella White 3 4846-4454-9533