IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
§
____________________, §
§
Plaintiff(s), §
§ 1:__-CV-____-RP
v. §
§
____________________, §
§
Defendant(s). §
AGREED SCHEDULING ORDER
Pursuant to Federal Rule of Civil Procedure 16, the following Agreed Scheduling Order is
issued by the Court:
1. The parties must mediate this case on or before ____________, and must file a report in
accordance with Local Rule CV-88(g) within one week of the completion of mediation.
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. The parties are ordered to retain the written offers of settlement and
responses so the Court may use them in assessing attorney’s fees and costs at the conclusion
of the trial.
3. Each party shall complete and file the attached “Notice Concerning Reference to United
States Magistrate Judge” on or before _________________________.
4. The parties shall file all motions to amend or supplement pleadings or to join additional
parties on or before _________________________.
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 Federal Rule of Civil Procedure
26(a)(2)(B) on or before ________________________. Parties resisting claims for relief
shall file their designation of testifying experts and serve on all parties, but not file, the
materials required by Federal Rule of Civil Procedure 26(a)(2)(B) on or before
________________________. 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, 15 days from the 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 11 days from the receipt of the written report
of the expert’s proposed testimony, or within 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 ________________________.
8. All dispositive motions shall be filed on or before ________________________ and shall
be limited to 20 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.
9. The Court will set this case for final pretrial conference at a later time. 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.
The parties shall not complete the following paragraph. It will be completed by the
Court at the initial pretrial conference to be scheduled by the Court.
10. This case is set for ______________ trial commencing at 9:30 a.m. on
___________________________________, 20________.
Jury selection may be conducted by a Magistrate Judge and may occur the Friday before the
case is set for trial. Because criminal and civil cases are often set for the same trial week, the Court
may need to reschedule your trial shortly before the trial date. If the parties resolve their dispute
after 5:00 p.m. the day before jury selection or resolve their dispute earlier but fail to timely notify
the Court, the parties may be assessed up to $5,000 for the lost opportunity to schedule other
matters and to cover court costs like summoning the jury panel and paying the fees of the jury panel.
The parties may modify the deadlines in this order by agreement, with the exception of the
dispositive motions deadline, hearing dates, and trial date. Those dates are firm. The Court may
impose sanctions under Federal Rule of Civil Procedure 16(f) if the parties do not make timely
submissions under this order. For cases brought pursuant to the Freedom of Information Act
(FOIA), the parties may instead follow the standard disclosure process and will have an initial
pretrial conference only by request.
SIGNED on _________________________________, 20_______.
__________________________________
ROBERT PITMAN
UNITED STATES DISTRICT JUDGE
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
§
____________________, §
§
Plaintiff(s), §
§ 1:__-CV-____-RP
v. §
§
____________________, §
§
Defendant(s). §
NOTICE CONCERNING REFERENCE TO
UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of 28 U.S.C. § 636(c), Federal Rule of Civil Procedure 73,
and the Local Rules of the United States District Court for the Western District of Texas, the
following party ________________________________________________________________
through counsel _______________________________________________________________
___ consents to having a United States Magistrate Judge preside over the trial in this case.
___ declines to consent to trial before a United States Magistrate Judge.
Respectfully submitted,
__________________________________
Attorney for:
__________________________________
