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IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

AUSTIN DIVISION 

MARIA BROMLEY and KLEBER PAUTA, 

on behalf of themselves and all others similarly 

situated, 

§ 

§ 

§ 

Civil Action No. 1:20-CV-439-LY

§ 

Plaintiffs, § 

vs. § 

§ 

SXSW, LLC and SXSW HOLDINGS, INC., § 

§ 

Defendants. § 

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 September 4, 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 November 6, 2020. 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 December 11, 2020. 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 such rebuttal experts, 

Case 1:20-cv-00439-LY Document 16 Filed 07/29/20 Page 1 of 5
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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 2, 2020, and each opposing party shall respond, in writing, 

on or before October 16, 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 attorney’s 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 October 30, 2020. 

5. Any 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, not later than 28 days of receipt of the written report of 

the expert’s proposed testimony or not later than 28 days of the expert’s 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 January 8, 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. 

7. The parties asserting claims for relief shall move for class certification pursuant to 

Federal Rule of Civil Procedure 23 on or before February 8, 2021. Responses shall be filed and 

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served on all other parties not later than March 8, 2021. Replies shall be filed and served on all 

other parties not later than March 29, 2021. 

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

April 26, 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 9. It will be completed by the 

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

9. 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 

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AGREED: 

/s/ Randy R. Howry 

Randy Howry 

State Bar No. 10121690 

rhowry@howrybreen.com 

Sean Breen 

State Bar No. 00783715 

sbreen@howrybreen.com 

James Hatchitt 

State Bar No. 24072478 

jhatchitt@howrybreen.com 

HOWRY BREEN &HERMAN, L.L.P. 

1900 Pearl Street 

Austin, Texas 78705-5408 

Tel. (512) 474-7300 

Fax (512) 474-8557 

Joseph G. Sauder 

jgs@sstriallawyers.com 

Lori G. Kier 

lgk@sstriallawyers.com 

Joseph B. Kenney 

jbk@sstriallawyers.com 

SAUDER SCHELKOPF LLC 

1109 Lancaster Avenue 

Berwyn, Pennsylvania 19312 

Tel. (888)-711-9975 

Fax (610) 421-1326 

Daniel O. Herrera 

dherrera@caffertyclobes.com 

Kaitlin Naughton 

knaughton@caffertyclobes.com 

CAFFERTY CLOBES MERIWETHER 

&SPRENGEL LLP 

150 South Wacker Drive, Suite 3000 

Chicago, Illinois 60606 

Tel. (312)782-4880 

Fax (312)782-7785 

Bryan L. Clobes 

bclobes@caffertyclobes.com 

CAFFERTY CLOBES MERIWETHER 

&SPRENGEL LLP 

205 North Monroe Street 

/s/ Peter D. Kennedy 

Peter D. Kennedy 

State Bar No. 11296650 

pkennedy@gdhm.com 

James A. Hemphill 

State Bar No. 00787674 

jhemphill@gdhm.com 

Hailey L. Suggs 

State Bar No. 24113497 

hsuggs@gdhm.com 

GRAVES, DOUGHERTY, HEARON & MOODY, P.C. 

401 Congress Avenue, Suite 2700 

Austin, Texas 78701 

Tel. (512) 480-5764 

Fax (512) 536-9908 

Attorneys for Defendants SXSW LLC and SXSW 

Holdings Inc.

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Media, Pennsylvania 19063 

Tel. (215) 864-2800 

Fax (215) 964-2808 

Attorneys for Plaintiffs and the Class

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