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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

ANITA COLLINS,

 Plaintiff,

vs.

MARRIOT INTERNATIONAL, INC., A 

FORIGN FOR PROFIT CORPORATION;

 Defendant.

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SA-20-CV-00349-JKP

SCHEDULING ORDER

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

the undersigned for all pretrial proceedings [#5]. On October 29, 2020, the parties appeared, 

through counsel, at an initial pretrial conference, and the Court reviewed the parties’ scheduling 

recommendations [#19-1]. Accordingly, pursuant to Rule 16 of the Federal Rules of Civil 

Procedure, 

IT IS HEREBY ORDERED that the parties’ Joint Motion for Entry of Scheduling 

Order [#19] is GRANTED and the following Scheduling Order is issued to control the course of 

this case:

1. Parties shall make initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) no 

later than November 13, 2020. To the extent a defendant knows the identity of a responsible 

third party contemplated by Texas Civil Practices & Remedies Code § 33.004, such identity 

is subject to disclosure under Rule 26(a)(1)(A)(i).

2. The parties shall file a report on alternative dispute resolution in compliance with Local Rule 

CV-88(b) on or before November 30, 2020.

3. Parties asserting claims for relief shall submit a written offer of settlement to opposing 

parties on or before December 30, 2020, and each opposing party shall respond, in writing 

on or before January 13, 2021. All offers of settlement are to be private, not filed. The 

parties shall retain the written offers of settlement and response, as the Court will use these in 

assessing attorneys’ fees and costs at the conclusion of the proceedings. At any time, if any 

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parties reach a settlement, they should immediately notify the Court by filing a joint 

advisory. The joint advisory shall state the parties who reached the settlement and whether a 

settlement conference is required or desired. If a hearing is requested, the parties shall confer 

and provide mutually agreeable potential dates for the hearing. 

4. On or before December 30, 2020, the parties shall file any motion seeking leave to amend 

pleadings or join parties. To the extent it may apply in this case, the deadline for 

Defendant(s) to file a motion to designate responsible third parties, pursuant to Texas Civil 

Practices & Remedies Code § 33.004(a), is December 30, 2020.

5. 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 January 27, 2021.

6. 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 February 26, 2021.

7. 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, within fourteen days of receipt of the report of the opposing 

expert.

8. The deadline to file supplemental expert reports required under Federal Rule of Civil 

Procedure 26(e)(2) is at least 30 days before trial. The parties are advised any report filed 

under this deadline may only supplement the initial report and may not introduce new 

opinion or subject matter. This deadline is not intended to provide an extension of the 

deadline by which a party must deliver the substance of its expert information or opinion.

9. Parties shall initiate all discovery procedures in time to complete discovery on or before 

April 27, 2021. Written discovery requests are not timely if they are filed so close to this 

deadline that under the Federal Rules of Civil Procedure the response would not be due until 

after the expiration of the deadline. See Local Rule CV-16(d). Counsel may by agreement 

continue discovery beyond the deadline. The parties are advised that should they agree to 

extend discovery beyond the deadline, there will be no intervention by the Court except in 

exceptional circumstances. No trial setting or other deadline set forth herein will be vacated 

due to information obtained in post-deadline discovery. See Local Rule CV-7(d). 

10. Counsel shall confer and file a joint report setting forth the status of settlement negotiations 

on or before May 12, 2021. 

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11. On or before May 12, 2021, the parties shall file any Daubert motions and challenge to or 

motion to exclude expert witnesses. Any such motion must specifically state the basis for the 

objection and identify the objectionable testimony.

12. On or before June 11, 2021, parties shall file any dispositive motions, including motions for 

summary judgment on all or some of the claims. Further, notwithstanding any deadline 

provided herein, no motion (other than a motion in limine) may be filed after this date except 

for good cause.

13. The Court will set dates for trial and the final pretrial conference after ruling on any 

dispositive motions or after the deadline for such motions passes without a pertinent filing. 

At that time, the Court will also set appropriate deadlines for trial and pretrial conference 

matters.

14. If at any time during the pendency of this lawsuit, you would like to consent to the trial of 

your case by a United States Magistrate Judge, please indicate your consent on the attached 

form or request a form through the Clerk’s Office. If all parties consent to trial of this case 

by a United States Magistrate Judge, this Court may enter an order referring the case to a 

United States Magistrate Judge for trial and entry of judgment.

IT IS SO ORDERED.

SIGNED this 30th day of October, 2020.

ELIZABETH S. ("BETSY") CHESTNEY

UNITED STATES MAGISTRATE JUDGE

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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

 Plaintiff,

vs.

 Defendant.

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CONSENT TO PROCEED TO TRIAL BEFORE 

A UNITED STATES MAGISTRATE JUDGE

In accordance with the provisions of 28 U.S.C. § 636(c), the parties to the above 

captioned civil matter hereby waive their rights to proceed before a judge of the United States 

District Court and consent to have a United States Magistrate Judge conduct any and all further 

proceedings in the case, including the trial, and order the entry of judgment. Any appeal shall be 

taken to the United States Court of Appeals for this judicial circuit, in accordance with 28 U.S.C. 

§ 636(c)(3).

____________________________ By:____________________________

Party Attorney

____________________________ By:_____________________________

Party Attorney

____________________________ By:_____________________________

Party Attorney

APPROVED this the ______ day of _________________, 2020.

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JASON K. PULLIAM

UNITED STATES DISTRICT JUDGE

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