UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

MIDLAND/ODESSA DIVISION

JODY A. YBARRA,

 Plaintiff,

v.

21ST MORTGAGE CORPORATION,

 Defendant.

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 Case No. MO:20-CV-00103-DC

ORDER FOR SCHEDULING RECOMMENDATIONS

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

possible, and in accordance with Western District of Texas Local Court Rule CV-16(c),

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 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 plaintiff has not yet obtained service on all 

defendants, plaintiff shall include an explanation of why all parties have not been served. The 

scheduling proposals of the parties shall be considered by the 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 Civil Procedure.

The proposed scheduling order shall contain suggestions for the following deadlines:

1. 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).

2. The parties shall file all motions to amend or supplemental pleadings or to join additional 

parties by (the standard period being 120 days after the first defendant's appearance).

3. 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 PARTIES, BUT NOT FILE the materials 

Case 7:20-cv-00103-DC Document 7 Filed 07/20/20 Page 1 of 4
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. 

4. An objection to the reliability of an expert's proposed testimony under F. R. E. 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.

5. The parties shall complete discovery by (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.

6. 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. 

7. 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).

It is so ORDERED.

SIGNED this 20th day of July, 2020.

DAVID COUNTS

UNITED STATES DISTRICT JUDGE

Case 7:20-cv-00103-DC Document 7 Filed 07/20/20 Page 2 of 4
UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

MIDLAND/ODESSA DIVISION

JODY A. YBARRA,

 Plaintiff,

v.

21ST MORTGAGE CORPORATION,

 Defendant.

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§

§

§

§

§

 Case No. MO:20-CV-00103-DC

SCHEDULING RECOMMENDATIONS

The parties recommend that the following deadlines be entered in the scheduling order to control 

the course of this case:

1. 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 

_________________.

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

by ________________.

3. 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 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.

4. 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.

5. 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 

Case 7:20-cv-00103-DC Document 7 Filed 07/20/20 Page 3 of 4
in extraordinary circumstances, and no trial setting will be vacated because of information obtained in 

post-deadline discovery.

6. 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). 

7. The Court will set the case for the final pretrial conference and jury trial. 

 8. 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 7:20-cv-00103-DC Document 7 Filed 07/20/20 Page 4 of 4