1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

PMG INTERNATIONAL, LTD.,

 Plaintiff,

vs.

THE TRAVELERS INDEMNITY 

COMPANY OF AMERICA,

 Defendant.

§

§

§

§

§

§

§

§

§

§

SA-20-CV-00148-FB

ORDER SETTING INITIAL PRETRIAL CONFERENCE

Before the Court is the above-styled and numbered cause of action, which was referred to 

the undersigned on February 25, 2020 for all pretrial proceedings [#5]. The record reflects that 

this case was removed to federal court on February 7, 2020 by Defendant. 

There is another case involving the same parties and the same attorneys that has also been 

referred to the undersigned for pretrial proceedings. See Case No. 5-20-CV-142-FB-ESC. That 

case is set for an Initial Pretrial Conference on April 6, 2020. Because of the overlapping parties, 

attorneys, and legal issues in these two cases, the Court will set this case for an initial pretrial 

conference at the same time. 

IT IS THEREFORE ORDERED that, pursuant to Rule 16 of the Federal Rules of Civil

Procedure, this case is set for an Initial Pretrial Conference at 10:45 a.m. on April 6, 2020, in 

Courtroom B on the 4th Floor of the John H. Wood, Jr. United States Courthouse, 655 E. Cesar 

Chavez Boulevard, San Antonio, Texas, 78206. 

At the conference, the Court will enter a Scheduling Order in this case. Counsel may 

appear by phone for the conference. Counsel should contact Valeria Sandoval, Courtroom 

Deputy, at chestney_chambers@txwd.uscourts.gov, for call-in instructions at least 24 hours in 
2

advance of the conference. The use of speaker phones is prohibited during a telephonic 

appearance. 

IT IS FURTHER ORDERED that the parties confer in the manner required by Rule 

26(f) of the Federal Rules of Civil Procedure and submit a Joint Discovery/Case Management 

Plan that answers the following questions no later than April 3, 2020:

1. Are there any outstanding jurisdictional issues? For removed cases based on diversity 

jurisdiction, do the parties agree that the amount in controversy exceeded $75,000 at the 

time of removal? If not, each party should state its position on the amount in controversy. 

2. Are there any unserved parties? If more than 90 days have passed since the filing of the 

Complaint or petition, should these unserved parties be dismissed? 

3. What are the causes of action, defenses, and counterclaims in this case? What are the 

elements of the cause(s) of action, defenses, and counterclaims pled? 

4. Are there any agreements or stipulations that can be made about any facts in this case or 

any element in the cause(s) of action? 

5. State the parties’ views and proposals on all items identified in Fed. R. Civ. P. 26(f)(3). 

6. What, if any, discovery has been completed? What discovery remains to be done? Have 

the parties considered conducting discovery in phases? 

7. What, if any, discovery disputes exist? 

8. Have the parties discussed the desirability of filing a proposed order pursuant to Federal 

Rule of Evidence 502? 

9. Have the parties discussed mediation? 

The Court will address the substance of the parties’ joint report and discovery plan at the 

Initial Pretrial Conference. 

IT IS FURTHER ORDERED that the parties submit a proposed scheduling order

pursuant to Local Rule CV-16(c), no later than April 3, 2020. The Court will discuss with the 

parties any proposed changes to the Court’s standard scheduling order based on the unique 

circumstances of this case at the Initial Pretrial Conference. 

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 (was referred to the undersigned on September 6, 2018 for all pretrial 
3

proceedings [#9]. 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 testifying experts 

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 testifying experts 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 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.

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

on. The Court will set a trial date and also set a deadline for the parties to file the matters 

required to be filed in advance of trial in accordance with Local Rule CV-16(e)-(g). However, 

the parties should be aware that if they choose to stay on this district court’s docket (and do not 

consent to proceed to trial before a United States Magistrate Judge), from time to time the Court 

has three or four day blocks of time available and will not hesitate to accelerate the Scheduling 

Order deadlines and direct the parties to appear for trial with as little as forty-eight hours’ notice.

9. All civil settings are subject to the Court’s criminal docket.

The parties shall submit the proposed order in a form similar to the attached. 
4

IT IS SO ORDERED.

SIGNED this 26th day of February, 2020.

ELIZABETH S. ("BETSY") CHESTNEY

UNITED STATES MAGISTRATE JUDGE
5

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

 Plaintiff,

vs.

 Defendant.

§

§

§

§

§

§

§

§

§

§

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 testifying experts 

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 filed their designation of 

testifying experts and shall serve on 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.
6

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 _________ pages in length.

8. The trial date will be determined at a later date by the Court. The parties shall consult 

Local Rule CV-16(e)-(g) regarding matters to be filed in advance of trial. At the time the trial 

date is set, the Court will also set the deadline for the filing of matters in advance of trial.

9. 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 by _________________. 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