UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
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Plaintiff §
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v. § No. 1:
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Defendant §
SCHEDULING ORDER
Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court issues the
following Scheduling Order:
1. The parties shall complete ADR in compliance with Local Rule CV-88 by
___________. A motion objecting to ADR must be filed not later than 60 days
before that deadline.
2. The parties asserting claims for relief shall submit a written offer of
settlement to opposing parties by ___________, and each opposing party shall respond
in writing by ___________. 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 may 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 or to
join additional parties on or before _________.
4. 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) by ________. 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 _____________. All
designations of rebuttal experts shall be FILED, and the materials required by Fed. R.
Civ. P. 26(a)(2)(B) for such rebuttal experts, to the extent not already served, shall be
SERVED, within 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 14 days of
receipt of the written report of the expert’s proposed testimony, or within 14 days of
the expert’s deposition, if a deposition is taken, whichever is later.
6. The parties shall complete all 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. 6. All
dispositive motions shall be filed no later than _______________.
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.
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7. This case is set for pretrial conference on _____________, at ________
and set for jury trial on ______________, at_________. The parties should consult
Local Rule CV-16(e) regarding matters to be filed in advance of trial.
8. The parties should consult Local Rule CV-16 regarding matters to
be filed in advance of trial. The parties, however, are exempted from that portion of
Local Rule CV-16 requiring that seven days prior to trial they file “a list disclosing
any objections, together with the grounds therefore, that may be made to the
admissibility of any exhibits.” In lieu of that requirement, the Court ORDERS that,
after receiving the final exhibit list, the parties confer with each other to
discuss, and resolve, if possible, any objections they may have to each other’s
exhibits. The Court further ORDERS that the parties be prepared to inform
the Court at the final pretrial conference of the exhibits to which there is no
objection, and the exhibits to which objections remain for resolution by the
Court. The Court will determine at the final pretrial conference whether to
address at that time any evidentiary issues which may remain, or to reserve those
matters for the trial.
SIGNED
DUSTIN M. HOWELL
UNITED STATES MAGISTRATE JUDGE
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