IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
PLAINTIFF, §
§
Plaintiffs, §
§ CIVIL ACTION No. 1:YR-CV-XXX
v. §
§ JUDGE RON CLARK
DEFENDANT, §
§ Initials
Defendants. §
SCHEDULING ORDER
The court, after considering the joint attorney conference report and after reviewing the
case file, enters this case specific order which controls disposition of this action pending further
order of the court. The following actions shall be completed by the date indicated.1
DEADLINES
Deadline for motions to transfer.
Deadline to add parties.
Deadline to designate expert witnesses and reports on issues for which
the party bears the burden of proof, pursuant to Federal Rule of Civil
Procedure 26(a)(2) and Local Rule CV-26(b).
Deadline for Plaintiff to file amended pleadings. A motion for leave to
amend is not necessary.
1
If a deadline falls on a Saturday, Sunday, or a legal holiday as defined in Federal Rule
of Civil Procedure 6, the effective date is the first federal court business day following the
deadline imposed.
(Court Form 9-16-2016) Page 1
Deadline for Defendant’s final amended pleadings. A motion for leave
to amend is not necessary.
Deadline to designate expert witnesses and reports on issues for which
the party does not bear the burden of proof, pursuant to Federal Rule of
Civil Procedure 26(a)(2) and Local Rule CV-26(b).
Seven weeks after Deadline to object to any other party’s expert witnesses. Objections
disclosure of an shall be made by a motion to strike or limit expert testimony and shall
expert is made. be accompanied by a copy of the expert’s report in order to provide the
court with all the information necessary to make a ruling on any
objection. The court will not accept objections to experts filed in any
form, including motions in limine, after this date.2
Expert reports should include the categories of information set out in
Federal Rule of Civil Procedure 26(a)(2)(B) and 26(a)(2)(C)(i)–(ii).
Challenges to expert reports should include those set out in Federal Rule
of Evidence 702(a)–(d) and 703.
Deadline for motions to dismiss, motions for summary judgment, or
other dispositive motions.
All discovery shall be commenced in time to be completed by this date.
Notice of intent to offer certified records.
Counsel and unrepresented parties are each responsible for contacting
opposing counsel and unrepresented parties to determine how they will
prepare the Joint Final Pretrial Order, Joint Proposed Jury Instructions
and Verdict Form (or Proposed Findings of Fact and Conclusions of
Law in non-jury cases).
To avoid the cost of designating deposition extracts and objecting to
same, counsel shall discuss witnesses who have to be presented by
deposition. Counsel should agree on a list of witnesses whom each
counsel will subpoena, or if beyond the subpoena range (see Federal
Rule of Civil Procedure 45), whom each counsel will arrange to have
present at trial.
2
This requirement has two goals: (1) to encourage early disclosure of experts so that if
one is struck, the party will have time to find another; and (2) to avoid the gamesmanship that
has become common as parties attempt to disqualify experts with a motion in limine, thus
distracting opponents during final trial preparations and perhaps even blocking testimony
required to establish a claim or defense.
(Court Form 9-16-2016) Page 2
Motions in limine are due. File Joint Final Pretrial Order. The form is
available on the Eastern District of Texas’s website.
Responses to motions in limine are due.3
File Proposed Jury Instructions / Verdict Form (or Proposed Findings of
Fact and Conclusions of Law).
For witnesses who are not going to be called live, oral and video
deposition designations are due. Each party who proposes to offer a
deposition by video shall serve on all other parties a disclosure
identifying the line and page numbers to be offered. All other parties
will have seven calendar days to serve a response with any objections
and requesting line and page numbers to be included in the video.
Counsel must consult on any objections, and only those which cannot be
resolved shall be presented to the court.4 The party who filed the initial
video designation is responsible for preparation of the final edited video
in accordance with all parties’ designations, and the rulings on
objections. (Designations are not to be made for witnesses who will
appear live, nor for impeachment on cross-examination.)
File unresolved objections to oral and video deposition extracts.
Date to be set by the If numerous motions are pending, the court may set a hearing to
court. consider all pending motions and objections.
Docket call and Final Pretrial at Time in Beaumont. Date the parties
should be prepared to try the case.
Provide the court with two copies of the Exhibit List, using form from
the District Clerk’s Office. Absent agreement of the parties, this should
not have exhibits that were not listed in the Final Pretrial Order.
3
To save time and space respond only to items objected to. All others will be considered
to be agreed. Opposing counsel shall confer in an attempt to resolve any dispute over the
motions in limine within five calendar days of the filing of any response. The parties shall notify
the court of all the issues which are resolved.
4
Opposing counsel shall confer to determine whether objections can be resolved without
a court ruling. The court needs a copy of the pertinent deposition to rule on any objection.
(Court Form 9-16-2016) Page 3
Jury selection and trial in Beaumont at 9:00 AM. This case will then be
tried in order with other cases on the docket. Depending on disposition
of other cases on the court’s docket, jury selection may be the following
week. About a month before docket call, counsel may wish to consult
with counsel for the other cases on the January docket to determine
whether their cases are likely to settle.
SCOPE OF DISCOVERY
Taking into account the needs of the case, the amount in controversy, the parties’
resources, the importance of the issues at stake in the litigation, the parties’ relative access to
relevant information, the importance of the proposed discovery in resolving the issues, and
whether the burden or expense of the proposed discovery outweighs its likely benefit, the court
modifies the parameters of discovery in the following respects. See FED. R. CIV. P. 26(b)(1),
(b)(2)(iii).
Disclosure. The parties are reminded of the requirement, set out in this court’s initial
Order Governing Proceedings, to have already disclosed, without awaiting a discovery request,
information such as names of persons likely to have, and documents containing, information
relevant to a claim or defense of any party. If there are any questions about whether information
is relevant to a claim or defense of any party, then review Local Rule CV-26(d).
A party that fails to timely disclose any of the information required to be disclosed
by order of this court or by the Federal Rules of Procedure, will not, unless such failure is
harmless, be permitted to use such evidence at trial, at a hearing, or in support of a motion.
Depositions. [If the attorneys didn’t do the initial mandatory disclosures, then add in this
sentence] Although [specify which side didn’t do the disclosures or don’t specify if neither side
did] counsel have presumably interviewed their own clients, they have not chosen to perform the
initial mandatory disclosures required under the Order Governing Proceedings (DOC. # ). [If
their description of the depositions sought is vague or not specific/is mostly catch-all phrases]
[Further] [specify which side was vague or don’t specify if both were vague] counsel has failed
to provide the court with proper guidance on who the parties expect to depose, instead relying on
vague, catch-all phrases. [Add in the next sentence if either of the above sentences will be added
in the case] To fulfill its responsibilities under Fed. R. Civ. P. 1 (which of course now applies to
counsel) the Court will allow the discovery typically needed in a case of this type. Plaintiff may
depose 30(b)(6) representatives [if D is an entity] and [list the witnesses identified by P in R 26(f)
report if it seems they made a reasonable request] Defendant may depose 30(b)(6)
representatives [if P is an entity] and [list the witnesses identified if request seems reasonable]
Each party may depose expert witnesses disclosed by opposing party. [If health care or
treatment is an issue allow deposition of health care providers] Each party may also depose
[usually 1,2 or 3- depends on type & size of case and how competent their 26f report seemed to
be] additional witnesses as “extra depositions.” The total time allotted for the “extra depositions”
(Court Form 9-16-2016) Page 4
is limited to [usually about 2.5 to 3 hours per extra witness. Give them time to get info but not
full 7 hours per. In very complex case maybe as much as 4 hours per] hours for Plaintiffs and
[same] hours for Defendants, whether the time is used in direct examination or cross-
examination. Absent court order, all depositions shall be taken in compliance with Federal Rule
of Civil Procedure 30(d) and Local Rule CV-30.
The parties are permitted unlimited depositions on written questions of custodians of
business records.
Electronic Discovery. Electronically stored information will be produced in hard copy
form or multi-page TIFF format, unless the parties agree otherwise.
The parties are excused from the pretrial disclosure requirements set forth in Federal Rule
of Civil Procedure 26(a)(3), as such disclosure is cumulative of this court’s pretrial order
procedures.
DISCOVERY DISPUTES
A magistrate judge is available during business hours to immediately hear discovery
disputes and to enforce provisions of the rules. The hotline is the best means to obtain an
immediate ruling on whether a discovery request is relevant to any claims or defenses and on
disputes which arise during depositions. The hotline number is (903) 590-1198. See Local Rule
CV-26(e).
Before filing a motion to compel, a motion to quash, or a motion for protection from
discovery, lead counsel must confer in good faith concerning the disputes. If an agreement can
not be reached, counsel should call the hotline. If the magistrate judge on duty is not available
within a reasonable time, counsel should call this court and determine whether Judge Clark is
available for a phone conference.
Before calling the magistrate judge or this court on any dispute arising outside of a
deposition, any attorney would be well advised to list, in about a half a page, the key points
counsel wishes to make, any pertinent record references, and the applicable rule provision,
statute, or case that supports counsel’s position.
Electronic discovery: In cases involving disputes over extensive electronic discovery
counsel for both sides shall review the court’s [Model] Order Regarding E-Discovery in Patent
Cases before contacting the Hotline or filing motions to compel or to quash. The order can be
modified for use in any case in which electronic discovery is an issue, and any ruling of the court
on conduct of electronic discovery will likely be based, at least in part, on that model order. See
ED Texas Website under Quick Links / Forms / Patent Forms / Order Regarding E-Discovery in
Patent Cases.
(Court Form 9-16-2016) Page 5
RESOURCES
The Eastern District of Texas website (http://www.txed.uscourts.gov) contains
information about Electronic filing, which is mandatory, Local Rules, telephone numbers,
general orders, frequently requested cases, the Eastern District fee schedule, and other
information. The electronic filing HelpLine is 1-866-251-7534.
COMPLIANCE
A party is not excused from the requirements of this scheduling order by virtue of the fact
that dispositive motions are pending, the party has not completed its investigation, the party
challenges the sufficiency of the opposing party’s disclosure, or because another party has failed
to comply with this Order or the rules.
Failure to comply with relevant provisions of the Local Rules, the Federal Rules of Civil
Procedure, or this Order may result in the exclusion of evidence at trial, the imposition of
sanctions by the court, or both. If a fellow member of the Bar makes a just request for
cooperation or seeks scheduling accommodation, a lawyer will not arbitrarily or unreasonably
withhold consent. However, the court is not bound to accept agreements of counsel to extend
deadlines imposed by rule or court order. See Local Rule AT-3(j).
TRIAL
The deadlines for pre-trial matters, such as exchanging exhibits, and objections, are
intended to reduce the need for trial objections, side-bar conferences, and repetitive presentation
of evidentiary predicates for clearly admissible evidence. Counsel should be familiar with the
evidence display system available in the courtroom. Copies of exhibits which will be handed to
witnesses should be placed in a three ring binder, with an additional copy for the court. (To
make it easy to direct the witness to the correct exhibit while on the stand, Plaintiff should use a
dark colored binder such as black or dark blue. Defendants should use a light colored binder,
such as white, red, or light blue.) No single binder of exhibits shall exceed three inches in width.
Alternatively, if exhibits have been scanned and will be presented via a computer projection
system, be sure there is a way for the court to view or read them separately so as to be able to
understand motions and objections.
(Court Form 9-16-2016) Page 6
