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IN THE UNITED STATES DISTRICT COURT

FOR THE WERSTERN DISTRICT OF TEXAS 

AUSTIN DIVISION

 ) 

BREE MCCLESKEY, ) 

) 

 Plaintiff, )

 )

) CAUSE NUMBER: 1:20-cv-00166-RP

 vs. )

 ) 

)

)

TOLTECA ENTERPRISES, INC. ) 

D/B/A THE PHOENIX )

RECOVERY GROUP, ) DEMAND FOR JURY TRIAL

) 

 Defendant. )

 SCHEDULING ORDER

Pursuant to Federal Rule of Civil Procedure 16, the following Scheduling Order is 

issued by the Court:

1. A report on alternative dispute resolution in compliance with Local Rule CV-88 

shall be filed on or before July 1, 2020.

2. The parties asserting claims for relief shall submit a written offer of settlement to 

opposing parties on or before July 31, 2020, and each opposing party shall 

respond, in writing, on or before August 17, 2020. 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.

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3. Each party shall complete and file the attached “Notice Concerning Reference to 

United States Magistrate Judge” on or before July 31, 2020.

4. The parties shall file all motions to amend or supplement pleadings or to join 

additional parties on or before October 1, 2020.

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 October 1, 2020. 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 October 15, 2020.

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 December 25, 2020.

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8. All dispositive motions shall be filed on or before December 25, 2020 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 9:00 a.m. on

___________________________________________, 20________.

By filing an agreed motion, the parties may request that this Court extend any 

deadline set in this Order, with the exception of the dispositive motions deadline 

and the trial date.

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The Court may impose sanctions under Federal Rule of Civil Procedure 16(f) if 

the parties do not make timely submissions under this Order.

SIGNED on ___________________________________________, 20_____.

__________________________________

ROBERT PITMAN

UNITED STATES DISTRICT JUDGE

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AGREED:

/s/Brent A. Devere 

Brent A. Devere 

SBN#00789256 

1411 West Avenue, Suite #200 

Austin, Texas 78701 

Ph: 512-457-8080 Fax: 512-457-8060 

Email: BDevere@1411west.com 

ATTORNEY FOR THE 

PLAINTIFF

/s/Tom Clarke

8026 Vantage Dr. #105

San Antonio, Tx 78230

Ph: 210/340-8448

Fax: 210/348-7946 

Email:tclarkeatty7@aol.com

ATTORNEY FOR THE DEFENDANT

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