IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
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Plaintiff, §
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v. § CAUSE NO.
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Defendants. §
SCHEDULING ORDER
Pursuant to Rule 16 of the Federal Rules of Civil Procedure, the Court issues the following
Scheduling Order:
IT IS ORDERED THAT:
1. A report on alternative dispute resolution in compliance with Local Rule CV-88
shall be filed on or before ____________________________.
2. The parties asserting claims for relief shall submit a written offer of settlement to
opposing parties on or before __________________________, and each opposing party shall respond, in
writing, on or before ___________________________. 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.
3. The parties shall file all motions to amend or supplement pleadings and all
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motions to join additional parties on or before _______________________________.
4. All parties asserting claims for relief shall file and serve on all other parties their
designation of potential witnesses, testifying experts, and proposed exhibits, and shall serve on all
other parties, but not file, the materials required by Federal Rule of Civil Procedure 26(a)(2)(B) on
or before _____________________________. Parties resisting claims for relief shall file and serve on all other
parties their designations of potential witnesses, testifying experts, and proposed exhibits, and shall
serve on all other parties, but not file, the materials required by Federal Rule of Civil Procedure
26(a)(2)(B) on or before _____________________________. All designations of rebuttal experts shall be filed
and served on all other parties within fourteen (14) days of receipt of the report of the opposing
expert, and the materials required by Federal Rule of Civil Procedure 26(a)(2)(B) for such rebuttal
experts, to the extent not already served, shall be served, but not filed, on all other parties within
fourteen (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 fourteen (14) days of receipt of the written report
of the expert’s proposed testimony or within fourteen (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.
6. The parties shall complete discovery on or before __________________________. 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.
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7. All dispositive motions shall be filed and served on all other parties on or before
__________________________________ and shall be limited to ten (10) pages in length. Responses shall be
filed and served on all other parties within fourteen (14) days of the service of the motion and
shall be limited to ten (10) pages in length. Any replies shall be filed and served on all other
parties within seven (7) days of the service of the response and shall be limited to five (5) pages in
length, but the Court need not wait for the reply before ruling on the motion. Unless otherwise
directed by the Court, a party may file no more than one motion for summary judgment, without first
obtaining leave of court for good cause.
The Court, not the parties, shall complete the following paragraph 8.
8. This case is set for final pretrial conference on ________________________________, and trial
on ________________________________. 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. In
addition to counsel, party representatives with authority to negotiate a settlement and all other
persons necessary to negotiate a settlement shall attend the final status conference. The parties
should consult Local Rule CV-16(e) regarding matters to be filed in advance of the final pretrial
conference.
SIGNED this ____________________________________.
_______________________________
JAMES R. NOWLIN
UNITED STATES DISTRICT JUDGE
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