UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

AUSTIN DIVISION 

GIDDY HOLDINGS, INC. 

PLAINTIFF, 

VS. 

ERNEST KIM 

DEFENDANT. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

Civil Action No. 1:20-cv-00434-LY 

PROPOSED SCHEDULING ORDER 

Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court issues the following 

scheduling order. 

IT IS ORDERED THAT: 

1. The parties shall file all amended or supplemental pleadings and shall join additional 

parties on or before December 1, 2020. 

2. All parties asserting claims for relief shall file and serve on all other parties their 

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

all other parties, but not file, the materials required by Federal Rule of Civil Procedure 26(a)(2)(B) 

on or before February 1, 2021. Parties resisting claims for relief shall file and serve on all other 

parties their designations of potential witnesses, testifying experts, and proposed exhibits, 

and shall serve on all other parties, but not file, the materials required by Federal Rule of Civil 

Procedure 26(a)(2)(B) on or before March 1, 2021. All designations of rebuttal experts shall 

be filed and served on all other parties not later than 14 days of receipt of the report of the 

opposing expert, and the materials required by Federal Rule of Civil Procedure 26(a)(2)(B) for 

Case 1:20-cv-00434-DAE-ML Document 10 Filed 09/04/20 Page 1 of 4
2 

such rebuttal experts, to the extent not already served, shall be served, but not filed, on all other 

parties not later than 14 days of receipt of the report of the opposing expert. 

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

opposing parties on or before October 15, 2020, and each opposing party shall respond, in writing, 

on or before November 2, 2020. All offers of settlement are to be private, not filed, and the Court 

is not to be advised of the same. The parties are further ORDERED to retain the written offers 

of settlement and responses as the Court will use these in assessing fees and court 

costs at the conclusion of trial. 

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

be filed on or before December 1, 2020. 

5. Any objection to the reliability of an 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, not later than 14 days of receipt of the written report of 

the proposed testimony or not later than 14 days of the deposition, if a 

deposition is taken, whichever is later. The failure to strictly comply with this paragraph will 

be deemed a waiver of any objection that could have been made pursuant to Federal Rule of 

Evidence 702.

6. The parties shall complete discovery on or before April 12, 2021. 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. 

Case 1:20-cv-00434-DAE-ML Document 10 Filed 09/04/20 Page 2 of 4
3 

7. All dispositive motions shall be filed and served on all other parties on or before 

May 17, 2021 and shall be limited to 20 pages. Responses shall be filed and served on all other 

parties not later than 14 days after the service of the motion and shall be limited to 20 pages. Any 

replies shall be filed and served on all other parties not later than 14 days after the service of the 

response and shall be limited to 10 pages, but the Court need not wait for the reply before ruling 

on the motion. 

The parties shall not complete the following paragraph 8. It will be completed by the 

Court at the initial pretrial conference to be scheduled by the Court. 

8. This case is set for final pretrial conference, in chambers, on the day of 

 , 20 , at and 

trial in the month of 20 . The final pretrial

conference shall be attended by at least one of the attorneys who will conduct the trial for each of 

the parties and by any unrepresented parties. The parties should consult Local Rule CV-16(e) 

regarding matters to be filed in advance of the final pretrial conference. 

SIGNED this day of , 20 . 

LEE YEAKEL 

UNITED STATES DISTRICT JUDGE 

Case 1:20-cv-00434-DAE-ML Document 10 Filed 09/04/20 Page 3 of 4
4 

AGREED: 

________________________ 

M. Wilson Stoker 

State Bar No. 24076806 

COKINOS OUNG

900 S. Capital of Texas Highway 

Las Cimas IV, Suite 425 

Austin, Texas 78746 

Tel. (512) 615-8573 

Fax: (512) 610-1184 

wstoker@cokinoslaw.com 

ATTORNEYS FOR PLAINTIFF, 

GIDDY HOLDINGS, INC. 

________________________ 

Casey S. Erick 

State Bar No. 24028564 

COWLES & THOMPSON, P.C. 

901 Main Street 

Suite 3900 

Dallas, Texas 75202 

Tel. (214) 672-2138 

Fax: (214) 672-2338 

cerick@cowlesthompson.com

ATTORNEYS FOR DEFENDANT, 

ERNEST KIM 

Case 1:20-cv-00434-DAE-ML Document 10 Filed 09/04/20 Page 4 of 4