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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., 

Defendants. 

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CASE NO. 20-571-OG 

JOINT PROPOSED 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 

UNITED STATES CHIEF DISTRICT JUDGE 

 

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APPROVED AND AGREED TO 

/s/ Natalie F. Wilson 

LANGLEY & BANACK, INCORPORATED 

745 E. Mulberry, Suite 700 

San Antonio, Texas 78212 

(210) 736-6600 Telephone 

(210) 735-6889 Telecopier 

Email: nwilson@langleybanack.com 

GEORGE H. SPENCER, JR. 

State Bar No. 18921001 

NATALIE F. WILSON 

State Bar No. 24067769 

COUNSEL TO MIGUEL VILLARREAL, JR., and 

GUNN, LEE & CAVE, PC 

/s/ Joseph L. Lanza 

Steven A. Castello 

Joseph L. Lanza 

Charles M.R. Vethan

VETHAN LAW FIRM

11459 Huebner Road, Suite 101 

San Antonio, TX 78230 

210-824-2220 

Fax: 713-526-2230 

COUNSEL TO PLAINTIFFS 

/s/ David A. Vanderhider 

David A. Vanderhider 

State Bar No. 24070787 

DVanderhider@dykema.com 

Ryan J. Sullivan 

State Bar No. 24102548 

RSullivan@dykema.com 

DYKEMA GOSSETT PLLC 

112 E. Pecan Street, Suite 1800 

San Antonio, TX 78205 

Telephone: 210-554-5484 

Fax: 210-226-8395 

COUNSEL TO DEFENDANT JOHN SAENZ 

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