UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

Heather L. Goble

vs.

I.Q. Data International, Inc.

§

§

§

§

§

NO: SA:20-CV-00243-DAE

ORDER FOR SCHEDULING RECOMMENDATIONS

AND ADVISORY CONCERNING MAGISTRATE JUDGE ASSIGNMENT

 At the request of the Bar, the San Antonio District Judges have

implemented a procedure whereby a Magistrate Judge is assigned to each civil

case at the time it is filed. The assignments are made randomly and are evenly

divided among the three San Antonio Magistrate Judges. If a pretrial matter is

referred by the District Judge, it will be handled by the Magistrate Judge to whom

the case was assigned. Similarly, if the parties consent to Magistrate Judge

jurisdiction, the case will be placed on the docket of the assigned Magistrate Judge

for all future proceedings, including entry of judgment. The United States

Magistrate Judge assigned to this case is the Honorable Elizabeth Chestney.

 In an effort to assist the parties in resolving this dispute as expeditiously and

efficiently as possible, and in accordance with Rule CV-16(c) of the Local Court

Rules of the Western District of Texas,

 IT IS HEREBY ORDERED that the parties shall submit a proposed

scheduling order to the Court within thirty (30) days from the date of this order.

The parties shall first confer as required by Fed R. Civ. P. 26(f). The content of

the proposed scheduling order shall include proposals for all deadlines set out in

the form for scheduling order attached hereto and contained in Appendix "B" to

Case 5:20-cv-00243-DAE Document 8 Filed 05/12/20 Page 1 of 7
the Local Rules. The parties shall endeavor to agree concerning the contents of

the proposed order, but in the event they are unable to do so, each party's position

and the reasons for the disagreement shall be included in the proposed schedule

submitted to the court. In the event the plaintiff has not yet obtained service on all

defendants, the plaintiff shall include an explanation of why all parties have not

been served. The scheduling proposals of the parties shall be considered by

the trial court, but the setting of all dates is within the discretion of the Court.

 The parties shall indicate in the proposed order that they have in fact conferred as

required by the federal rules of procedure.

 The proposed scheduling order shall contain suggestions for the following

deadlines:

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

CV-88 (the standard period being 90 days after the first defendant's appearance).

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

settlement to opposing parties (the standard period being 90 days after the first

defendant's appearance), and each opposing party shall respond, in writing (the

standard period being 104 days after the first defendant's appearance).

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

join additional parties by (the standard period being 120 days after the first

defendant's appearance).

 4. All parties asserting claims for relief shall file their designation of

potential witnesses, testifying experts, and proposed exhibits, and shall SERVE

ON ALL PARTIES, BUT NOT FILE the materials required by Fed. R. Civ.

P. 26(a)(2)(B) by (the standard period being 90 days before the discovery

deadline). Parties resisting claims for relief shall file their designation of potential

witnesses, testifying experts, and proposed exhibits, and shall SERVE ON ALL

Case 5:20-cv-00243-DAE Document 8 Filed 05/12/20 Page 2 of 7
PARTIES, BUT NOT FILE the materials required by Fed. R. Civ. P.

26(a)(2)(B) by (the standard period being 45 days before the close of discovery).

All designations of rebuttal experts shall be filed 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 (the

standard period being 30 days) days of receipt of the written report of the expert's

proposed testimony, or within (the standard period being 30 days) days of the

expert's deposition, if a deposition is taken, whichever is later.

 6. The parties shall complete discovery (the standard period being six

months after the first defendant's appearance). 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.

 7. All dispositive motions shall be filed (the standard period being 30 days

after the discovery deadline). Dispositive motions as defined in Local Rule

CV-7(c) and responses to dispositive motions shall be limited to (the standard

page limit for this Court is 20) pages in length. The court will set a hearing on

such motions for a date after the deadline for responses and replies.

 8. This case will not be set for trial until after dispositive motions, if any,

have been ruled on. If parties elect not to file dispositive motions, they must

contact the courtroom deputy, Priscilla Springs at (210) 472-6550 ext. 5016,

or by email Priscilla_Springs@txwd.uscourts.gov, in order to set a trial date.

The Court will set the case for trial by separate order. The order will establish trial

type deadlines to include pretrial matters pursuant to Local Rule CV-16(e)-(g).

Case 5:20-cv-00243-DAE Document 8 Filed 05/12/20 Page 3 of 7
IT IS SO ORDERED.

 DATED: San Antonio, Texas, May 12, 2020.

______________________________

DAVID A. EZRA

SENIOR U.S. DISTRICT JUDGE

Case 5:20-cv-00243-DAE Document 8 Filed 05/12/20 Page 4 of 7
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

Heather L. Goble

vs.

I.Q. Data International, Inc.

§

§

§

§

§

NO: SA:20-CV-00243-DAE

SCHEDULING RECOMMENDATIONS

 The parties recommend that the following deadlines be entered in the

scheduling order to control the course of this case:

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

CV-88 shall be filed by ________________.

 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 .

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

join additional parties by ________________.

 4. All parties asserting claims for relief shall file their designation of

potential witnesses, testifying experts, and proposed exhibits, and shall 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

potential witnesses, testifying experts, and proposed exhibits, and shall serve on

Case 5:20-cv-00243-DAE Document 8 Filed 05/12/20 Page 5 of 7
all parties, but not file the materials required by Fed. R. Civ. P. 26(a)(2)(B) by

______________. All designations of rebuttal experts shall be designated 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

_____________ days of receipt of the written report of the expert's proposed

testimony, or within __________ 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.

 7. All dispositive motions shall be filed no later than ________________.

Dispositive motions as defined in Local Rule CV-7(c) and responses to dispositive

motions shall be limited to twenty (20) pages in length. Replies, if any, shall be

limited to ten (10) pages in length in accordance with Local Rule CV-7(e). If the

parties elect not to file dispositive motions, they must contact the courtroom

deputy on or before this deadline in order to set a trial date.

 8. If required, a hearing on dispositive motions will be set by the Court

Case 5:20-cv-00243-DAE Document 8 Filed 05/12/20 Page 6 of 7
after all responses and replies have been filed.

 9. The Court will set the case for trial by separate order. The order will

establish trial type deadlines to include pretrial matters pursuant to Local Rule

CV-16(e)-(g).

 10. All of the parties who have appeared in the action conferred concerning

the contents of the proposed scheduling order on ________________, and the

parties have (agreed/disagreed) as to its contents. The following positions and

reasons are given by the parties for the disagreement as to the contents of the

proposed scheduling order . Plaintiff offers the following

explanation of why all parties have not been served .

 

 (Signature)

 

 (Print or type name)

 ATTORNEY FOR

 

 (Print or type name)

CERTIFICATE OF SERVICE

Case 5:20-cv-00243-DAE Document 8 Filed 05/12/20 Page 7 of 7