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IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

SAN ANTONIO DIVISION 

JONATHAN VILLARREAL, 

Individually and derivatively on behalf 

Of ZROBLACK, LLC 

Plaintiffs,

v.

JOHN SAENZ, et al.,

§

§

§

§

§

CASE NO. CV-OLG

§

§

Defendants. §

JOINT SCHEDULING ORDER 

Pursuant to Rules 16 & 26, Federal Rules of Civil Procedure and the Court’s operating 

procedures, the parties to the above-captioned litigation submit the following Joint Proposed 

Scheduling Order : 

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

by October 23, 2020. REGARDLESS OF WHETHER THE PARTIES CONCLUDE THAT

ADR IS APPROPRIATE OR NOT, THE PARTIES SHALL INCLUDE THE NAME,

ADDRESS AND TELEPHONE NUMBER OF A COURT-APPROVED MEDIATOR OR A 

MEDIATOR AGREED UPON BY BOTH PARTIES IN THEIR ADR REPORT. A list of

court-approved neutrals and alternative dispute resolution summary form may be obtained at

http://www.txwd.uscourts.gov/forms/mediator.asp. If you do not have access to the internet, you may 

call the United States District Clerk’s office at (210) 472-6550 to obtain a copy.

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

opposing parties by December 21, 2020 and each opposing party shall respond, in

writing, by January 11, 2021.

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

parties no later than 75 days from the Court’s ruling on all pending motions to dismiss

filed by Defendants John Saenz, Gunn, Lee & Cave, P.C. and Miguel Villarreal under

Fed. R. Civ. P. 12.

4. 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 Fed. R. Civ. P.

26(a)(2)(B) by 120 days from the Court’s ruling on all pending motions to dismiss filed

by Defendants John Saenz, Gunn, Lee & Cave, P.C. and Miguel Villarreal under Fed.

R. Civ. P. 12. Parties resisting claims for relief shall FILE their designation of testifying

experts and SERVE on all parties, but not file, the materials required by FED. R. CIV. P.

26(a)(2)(B) by 150 days from the Court’s ruling on all pending motions to dismiss filed

by Defendants John Saenz, Gunn, Lee & Cave, P.C. and Miguel Villarreal under Fed.

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R. Civ. P. 12. All designations of rebuttal experts shall be FILED, and the materials

required by Fed. R. Civ. P. 26(a)(2)(B) for such rebuttal experts, to the extent not

already served, shall be SERVED, within 15 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 14 days of receipt of the written

report of the expert’s proposed testimony, or within 14 days of the expert’s deposition,

if a deposition is taken, whichever is later.

6. The parties shall complete all discovery on or before 250 days from the Court’s ruling

on all pending motions to dismiss filed by Defendants John Saenz, Gunn, Lee & Cave,

P.C. and Miguel Villarreal under Fed. R. Civ. P. 12. 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. The parties will complete and submit their Rule

26(f) discovery plan within 14 days of the Court’s ruling on all pending motions to

dismiss filed by Defendants John Saenz, Gunn, Lee & Cave, P.C. and Miguel Villarreal

under Fed. R. Civ. P. 12.

7. All dispositive motions shall be filed no later than 280 days from the Court’s ruling on

all pending motions to dismiss filed by Defendants John Saenz, Gunn, Lee & Cave,

P.C. and Miguel Villarreal under Fed. R. Civ. P. 12. Dispositive motions as defined in

Local Rule CV-7(h) and responses to dispositive motions shall be limited to 20 pages

in length.

8. This case will be set for jury selection and trial at a later date. The parties should

consult Local Rule CV-16(e) regarding matters to be filed in advance of trial.

SIGNED AND ENTERED this ____ day of ______________________.

________________________________

ORLANDO GARCIA 

CHIEF UNITED STATES DISTRICT JUDGE 

21st August 2020

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