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UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF TEXASFORT WORTH DIVISIONPUBLIC HEALTH AND MEDICALPROFESSIONALS FOR TRANSPARENCY,ET AL.,
Plaintiffs,v.

No. 4:22-cv-0915-P

FOOD AND DRUG ADMINISTRATION,
Defendant.

ORDER

This Order is being sent to all counsel and unrepresented parties who
have appeared. If there are other defendants who have not appeared,
but who have been in contact with the plaintiff or plaintiff’s counsel,
then the plaintiff’s counsel (or the plaintiff if the plaintiff isunrepresented) is responsible for contacting such defendants andmaking every effort to ensure their meaningful participation in theconference.
I.
Lead counsel for each party (or designee attorney with appropriateauthority) and any unrepresented party (except for a prisoner litigant
proceeding pro se) shall confer (the “Scheduling Conference”) in a faceto-face conference as soon as practicable (1) to consider the natureand bases for their claims and defenses; (2) to assess the possibilities fora prompt resolution of the case; (3) to make or arrange for the disclosuresrequired by Federal Rule of Civil Procedure 26(a)(1); and (4) to prepare
the joint report described below. While the Court acknowledges theunique challenges presented by the COVID-19 Pandemic, it is still theCourt’s belief that a personal face-to-face meeting is usually themost productive type of conference. Thus, the parties arerequired to conduct the Scheduling Conference in person. As a

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result of the Scheduling Conference, counsel shall prepare and submit aReport Regarding Contents of Scheduling Order (“Joint Report”).

II.
The Joint Report, which shall be filed on or before January 27, 2023,
shall include the following in separate numbered paragraphs (but NOTin a proposed order format):(1) A statement detailing the date on which the Scheduling
Conference was held, the location of the Scheduling
Conference, the names of the attorneys present, astatement regarding whether meaningful progress toward
settlement was made, and—without disclosing settlement
figures—a statement regarding the prospect of settlement;(2) A brief statement of the claims and defenses;(3) A proposed time limit to amend pleadings and joinparties;(4) A proposed time limit to file various types of motions,including dispositive motions;(5) A proposed time limit for initial designation of experts
and responsive designation of experts;(6) A proposed time limit for objections to experts (i.e.,Daubert and similar motions);(7) A proposed plan and schedule for discovery, a statementof the subjects on which discovery may be needed, a timelimit for completing factual and expert discovery, and astatement of whether discovery should be conducted inphases;(8) A statement on whether any limitations on discovery
need to be imposed, and if so, what limitations;(9) A statement on how to disclose and conduct discovery
on electronically stored information (“ESI”) and any2

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statement on disputes
discovery of ESI;

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disclosureand/or(10) Any proposals regarding handling and protection ofprivileged or trial-preparation material that should bereflected in a Court Order;(11) A proposed trial date, the estimated number of days
for trial, and whether a jury has been demanded;(12) A proposed mediation deadline;(13) A statement as to when and how disclosures under
FED. R. CIV. P. 26(1) were made or will be made;(14) A statement as to whether the parties will consent toa trial (jury or bench) before United States Magistrate
Judges Cureton or Ray;(15) Whether a conference with the Court is desired, and if
so, a brief explanation why; and(16) Any other proposals on scheduling and discovery thatthe parties believe will facilitate expeditious and orderly
preparation for trial, and other orders that the Court
should enter under FED. R. CIV. P. 16(b), 16(c), and 26(c).
The filing of the Joint Report is mandatory. When submitting
proposed dates to the Court, the parties should assume that theScheduling Order will be entered by the Court withinapproximately one month from the date of the parties’ Joint
Report. All parties shall endeavor to prepare joint suggestions, but ifthey cannot agree, the Joint Report shall reflect their respective views.
In such a case, the Joint Report shall set forth with each party’s
respective recommendation a statement of why agreement could not bereached. The names of any persons named in the case who did notparticipate in the conference shall be identified in the Joint Report.
III.
Unless the plaintiff is unrepresented, lead counsel for the plaintiff is
responsible for initiating contact with opposing counsel and all
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unrepresented parties for the purpose of arranging the Scheduling
Conference and preparing the Joint Report. Lead counsel for all parties
and unrepresented parties are equally responsible for ensuring that thisOrder is complied with in a timely manner. At least one counsel for eachparty and all unrepresented parties shall sign the Joint Report before
filing.
IV.
Pursuant to Federal Rule of Civil Procedure 16(b)(2), the Court is toenter a Scheduling Order “as soon as practicable, but unless the judge
finds good cause for delay, the judge must issue it within the earlier of
90 days after any defendant has been served with the complaint or 60
days after any defendant has appeared.” FED. R. CIV. P. 16(b)(2).
Accordingly, any request for extension of time to file the Joint Reportshall be denied absent a showing of good cause.
V.
Unless a scheduling conference with the Court is set, a Scheduling
Order will be issued following the Court’s review of the Joint Report.
VI.
Unless this action is exempted by Federal Rule of Civil Procedure26(a)(1)(E), or objection to disclosure is asserted at the Scheduling
Conference, in good faith, as provided in Rule 26(a)(1)(C), the parties
must make the disclosures described in Federal Rule of Civil Procedure26(a)(1) within fourteen days of the date set out in Paragraph II hereof.
VII.
Miscellaneous(1) All briefs filed with the Court shall comply with the most recent
edition of The Bluebook: A Uniform System of Citation. Counsel are
specifically directed to provide, where applicable, the subsections ofcited statutes, and to provide pin cites when citing cases.
(2) Pursuant to Federal Rule of Civil Procedure 5 and Local Civil
Rule 7.1(b), certificates of service and of conference shall address allparties, including co-defendants and co-plaintiffs.
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Page 5 of 5 PageID 179(3) Pursuant to Local Civil Rules 7.1(i) and 56.6, all documentary andnon-documentary evidence submitted in support of or in opposition to amotion must be included in an appendix. Regarding documentary
evidence submitted in an appendix, the Court requires that theproponent of the appendix underline, or for large passages bracket in
the margins, the portion of each page of the appendix upon which herelies to support his position.
SO ORDERED on this 13th day of January 2023.

Mark T. Pittman
UNITED STATES DISTRICT JUDGE5