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IN THE LINITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

ROBERT HOPKINS, iII,

Plaintiff,

DEPARTMENT OF DEFENSE,

Defendant. Civil Action No. 3 :22-CY -07 06-C

SCHEDULING ORDER

Pursuant to Rule 16(b), Fed. R. Civ. P., the Court establishes the following schedule for

this case:

(a) Motions to join other parties and amend the pleadings must be filed by 3:00 p.m

on October 17 ,2022.

(b) Motions for summary judgment must be filed by 3:00 p.m. on June 15,2023.

(c) The parties must take this case to mediation which must be completed by

3:00 p.m. on June 15, 2023. The mediator must file a report to the Court within

seven (7) days from the completion of mediation.

(d) Motions in Iimine must be filed and discovery must be completed by 3:00 p'm. on

September 11,2023.

Deadlines will "not be extended except upon good cause shown and by order ofthe

Court." See Saavedra v. Murphy Oil U.S.A., Inc. v. Lou-Con, Inc., 930 F.2d 1 104, 1 107

(5th Cir. 1991).

Unless further ordered by the Court, the parties are not required to make initial

disclosures under Rule 26(a)(1), Fed. R. Civ. P., and no conferences are required under

Rule 26(f), Fed. R. Civ. P.

Counsel are expected to cooperate with each other in conducting discovery, clarifuing the

issues, and getting the case ready for trial. Specifically, counsel must strictly comply with

the mandates set forth in Dondi Properties Corporation v. Commerce Savings & Loan

Association, 121 F.R.D. 284 (N.D. Tex. 1 988) (en banc) (per curiam).

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Case 3:22-cv-00706-C Document 12 Filed 06/13/22 Page 1 of 3 PageID 357
4 Filing documents electronically is not mandatory. However, in all cases where electronic

case filing is done, counsel may serve and respond to wdtten discovery requests through

electronic mail service. This discovery practice will be govemed by the Northern District

ofTexas Local Rules, this Court's Local Rules/Judge Specific Requirements, and the

Clerk's ECF Administrative Procedures Manual regarding electronic case filing

procedures.

Counsel are referred to the Local Rules of the Northem District ofTexas, the Civil Justice

Cost and Delay Reduclion Plan of the Northem District ofTexas, and the Local Rules/

Judge Specific Requirements of this Court.

The above case is set for trial at 9:00 a.m. on October 2,2023, in the United States

District Courtroom, Earle Cabell Federal Building, Dallas, Texas.r Counsel shall comply

with the following:

(a) All counsel shalljointty prepare a proposed pretrial order for the Court to enter,

which shall contain the following:

(1) a summary of the claims and defenses of each party;

(2) a statement of stipulated facts;

(3) an estimate ofthe length oftrial;

(4) a list ofadditional matters which would aid in the disposition ofthe case;

(5) the signature ofeach counsel; and

(6) a place for the date and signature ofthe Court.

Counsel are ordered to confer prior to the date of submission of the proposed

pretrial order, and a certificate shall be attached to the proposed order, signed by

counsel, stating that such a conference has been held, the stipulations are agreed

upon, and that the proposed pretrial order is submitted to the Court for entry.

Failure to agree upon the wording or terms ofthe proposed order will not be an

excuse for nol filing same, but counsel may place in such order their respective

versions of the matters to be included.

(b) At least twenty-one (21) days before the scheduled date for trial, counsel shall file

with the Clerk and serve on opposing parties proposed instructions and questions

in jury cases and proposed findings of fact and conclusions of law in non-jury

cases, any trial briefs that counsel may desire to present to the Court, and the

proposed pretrial order.

IIf the parties agree that an earlier trial setting is appropriate, the Court will consider a

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motion to reschedule trial

Case 3:22-cv-00706-C Document 12 Filed 06/13/22 Page 2 of 3 PageID 358
(c)

(d)

(e)

(0

(g)

At least twenty-one (21) days before the scheduled date for trial, counsel shall file

with the Clerk and serye on opposing parties the information described under Rule

26(aX3)(A), Fed. R. Civ. P. At the same time, exhibits shall be exchanged

between the parties. Because the court finds it more practical to make evidentiary

rulings at time oftrial, counsel are not required to file objections to exhibits

pursuant to Rule 26(a)(3)(B), Fed. R. Civ. P.

If a pretrial conference is deemed necessary, counsel shall notify the Court at the

time of fiting the proposed pretrial order, or sooner, and the Court will, at the

Court's discretion, schedule such a conference.

In jury cases, counsel are not required to submit proposed voir dire questions.

Counsel wilt be permitted to conduct voir dire ofthejury panel, subject to further

order of the Cou(.

The above trial setting will continue for the following weeks during the same

month. This case has been scheduled for trial with other cases You are

responsible for staying in contact with the Judge's chambers to determine

where your case stands on the Court's docket. There will be no docket call.

Should counsel fail to appear at a scheduled pretrial conference or to timely

submit a complete and conect pretrial order as required or fail to comply with the

other directions set out herein, an ex parte hearing may be held and judgment of

dismissal, default, or other appropriate order will be entered.

Any party not represented by counsel is expected to comply with the above

SO ORDERED.

Dated: June 13,2022

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4,'f"427

S C INGS

OR D STATES CT JUDGE

J

Case 3:22-cv-00706-C Document 12 Filed 06/13/22 Page 3 of 3 PageID 359