Whiteman v. Wardlaw Consulting Services, Inc. et al

Western District of Texas, txwd-6:2016-cv-00312

Proposed Scheduling Order JOINT by TIMOTHY WHITEMAN. (O'Brien, Kerry)

Interested in this case?

Current View

Full Text

Case 6:16-cv-00312-RP-JCM Document 19 Filed 05/05/17 Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS TIMOTHY D. WHITEMAN § § Plaintiff, § § V. § CIVIL ACTION NO. 6:16-CV-312-RP-JCM § § WARDLAW CONSULTING SERVICES, § INC., WILLIAM F. WARDLAW, MICHAEL N. WARDLAW and § REBECCA W. MEADOWS § § Defendants. § SCHEDULING ORDER Pursuant to Rule 16, 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 May 12, 2017. 2. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties on or before May 26, 2017, and each opposing party shall respond, in writing, on or before June 2, 2017. All offers of settlement are to be private, not filed. The parties are ordered to retain the written offers of settlement and response as the Court will use these in assessing attorneys’ fees and costs at the conclusion of the trial. 3. The parties shall file the Notice concerning reference of this matter to the United States Magistrate Judge by June 2, 2017. 1 Case 6:16-cv-00312-RP-JCM Document 19 Filed 05/05/17 Page 2 of 3 4. The parties shall file all motions to amend or supplement pleadings or to join additional parties on or before July 7, 2017. 5. 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) on or before July 28, 2017. 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) on or before August 25, 2017. All parties shall file all designations of rebuttal experts and serve on all parties the material required by Federal Rule of Civil Procedure 26(a)(2)(B) for such rebuttal experts, to the extent not already served, within fifteen (15) days of receipt of the report of the opposing expert. 6. 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 eleven (11) days from the receipt of the written report of the expert’s proposed testimony, or within eleven (11) days from the completion of the expert’s deposition, if a deposition is taken, whichever is later. 7. The parties shall complete all discovery on or before November 10, 2017. 8. All dispositive motions shall be filed on or before December 8, 2017 and shall be limited to 20 pages. Responses shall be filed and served on all other parties not later than 14 days of the service of the motion and shall be limited to 20 pages. Any replies shall be filed and served on all other parties not later than 14 days of the service of the response and shall be limited to 10 pages, but the Court need not wait for the reply before ruling on the motion. 2 Case 6:16-cv-00312-RP-JCM Document 19 Filed 05/05/17 Page 3 of 3 The parties shall not complete the following paragraph 9. It will be completed by the Court at the initial pretrial conference to be scheduled by the Court. 9. This case is set for final pretrial conference, in chambers, on the _______ day of ______________________, 20____, at ___________ and ______________ trial commencing _____________________, 20_____. The final pretrial conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties and by any unrepresented parties. The parties should consult Local Rule CV-16(e) regarding matters to be filed in advance of the final pretrial conference. With the exception of the dispositive motion deadline and the dates set for the final pretrial conference and trial, upon agreement of the parties and submission of an agreed motion, the deadlines set forth herein may be extended by Order fo this Court. The Court may impose sanctions under Rule 16(f), Fed. R. Civ. P., if the parties do not make timely submissions under this Order. SIGNED this _________ day of ______________________, 2016. __________________________________ ROBERT PITMAN UNITED STATES DISTRICT JUDGE 3