IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
WACO DIVISION
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Plaintiffs, §
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v. § Case No.
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§ Jury Trial Demanded
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Defendants. §
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SCHEDULING ORDER
On , the Court conducted a conference in the above
entitled and numbered case. All parties appeared through counsel. As a result of such hearing,
and pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the following
schedule will govern deadlines up to and including the trial of this matter:
Date Event
Discovery commences on all issues.
All motions to amend pleadings or to add parties shall be filed on or
before this date.
Fact Discovery Deadline. Fact discovery must be completed by this date.
Any fact discovery requests must be propounded so that the responses
are due by this date.
The parties asserting claims for relief shall submit a written offer of
settlement to opposing parties on or before this date. All offers of
settlement are to be private, not filed, and the Court is not to be advised of
the same. The parties are further ORDERED to retain the written
offers of settlement and responses as the Court will use these in
assessing attorney’s fees and court costs at the conclusion of trial
Parties with burden of proof to designate Expert Witnesses and provide
their expert witness reports, to include all information required by Rule
26(a)(2)(B).
Each opposing party shall respond, in writing, to the written offer of
settlement made by the parties asserting claims for relief by this date.
All offers of settlement are to be private, not filed, and the Court is not to
be advised of the same. The parties are further ORDERED to retain the
written offers of settlement and responses as the Court will use these in
assessing attorney’s fees and court costs at the conclusion of trial
Parties shall designate Rebuttal Expert Witnesses on issues for which the
parties do not bear the burden of proof, and provide their expert witness
reports, to include all information required by Rule 26(a)(2)(B).
Expert Discovery Deadline. Expert discovery must be completed by this
date.
Any 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, not later than 14 days of receipt of the written report of the
expert’s proposed testimony or not later than 14 days of the expert’s
deposition, if a deposition is taken, whichever is later. The failure to
strictly comply with this paragraph will be deemed a waiver of any
objection that could have been made pursuant to Federal Rule of
Evidence 702
All dispositive motions shall be filed and served on all other parties on or
before this date and shall be limited to 25 pages. Responses shall be filed
and served on all other parties not later than 14 days after 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 7 days after 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.
Deadline for parties desiring to consent to trial before the magistrate judge
to submit Form AO 85, “Notice, Consent, And Reference Of A Civil
Action To A Magistrate Judge,” available at
https://www.uscourts.gov/forms/civil-forms/notice-consent-and-
reference-civil-action-magistrate-judge.
By this date the parties shall meet and confer to determine pre-trial
deadlines, including, inter alia, exchange of exhibit lists, designations of
and objections to deposition testimony, and exchange of demonstratives.
By this date the parties shall exchange a proposed jury charge and
questions for the jury. By this date the parties will also exchange draft
Motions in Limine to determine which may be agreed.
By this date the parties shall exchange any objections to the proposed
jury charge, with supporting explanation and citation of controlling law.
By this date the parties shall also submit to the Court their Motions in
Limine.
By this date the parties will submit to the Court their Joint Pre-Trial
Order, including the identification of issues to be tried, identification of
witnesses, trial schedule provisions, and all other pertinent information. By
this date the parties will also submit to the Court their oppositions to
Motions in Limine.
Final Pre-Trial Conference. The parties shall provide to the Court an
agreed jury charge with supported objections of each party, and proposed
questions for the jury, at the final Pre-Trial Conference.
Jury Selection at 9:00 a.m.
Jury Trial Commences
SIGNED this day of , 20 .
DEREK T. GILLILAND
UNITED STATES MAGISTRATE JUDGE
AGREED:
By: By:
Attorneys for Plaintiffs Attorneys for Defendants
