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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

EUGENIO VARGAS § 

 § 

VS. § ACTION NO. 4:22-CV-430-Y 

 § 

ASSOCIATION OF PROFESSIONAL 

FLIGHT ATTENDANTS et al. 

§ 

ORDER TO SUBMIT JOINT STATUS 

REPORT_AND PROPOSED DISCOVERY PLAN 

 Pursuant to Federal Rules of Civil Procedure 16(b) and 26(f) 

and the Court's Civil Justice Expense and Delay Reduction Plan 

the Court enters this order to promote early settlement of this 

action and to facilitate entry of the scheduling order required by 

Rule 16(b).1

A. 

 If, upon receipt of this order, the parties' attorneys2 have 

not already conferred as required by Rule 26(f), they shall, within 

20 days of the date of filing of this order, in compliance with 

Rule 26(f), confer to discuss: 

 (1) The nature and basis of their claims and defenses, 

 1 While all counsel are expected to be familiar with all rules of court, the 

Court recognizes the potential for confusion and waste of time inherent in being 

required to read and synthesize, without Court direction, this order, the 

initial and final scheduling orders that will follow, the federal rules, and 

the local rules. Consequently, the Court has written this order and the initial 

and final scheduling orders to provide the parties a comprehensive guide to 

their pretrial procedures and requirements in this Court.

 2 In accordance with local civil rule 1.1(c)(2), a party proceeding pro se is 

included in the definition of attorney.

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 (2) The possibilities for prompt settlement, 

 (3) Making the initial disclosures required by Rule 

26(a)(1)(A) or stipulating that they will not be made, 

and 

 (4) Developing a proposed discovery plan. 

 If the parties have already submitted a Rule 26(f) written 

report that outlines their proposed discovery plan by the time 

this order issues, they must nevertheless submit the joint status 

report required by this order, because this order requests 

additional information not required by Rule 26(f). The parties 

may, however, incorporate in the joint status report by reference 

portions of their written report if they attach a photocopy of the 

written report to their joint status report. 

B. 

 The parties are ordered to electronically file with the clerk 

of the court the signed joint status report and proposed discovery 

plan (one instrument) within 28 days of the date of the filing of 

this order, and to include therein, in separate paragraphs, each 

of the following matters: 

 (1) A brief statement of the nature of the case, including 

the contentions of the parties; 

 (2) Any challenge to jurisdiction or venue; 

 (3) A brief description of any matters that require a 

conference with the Court; 

 (4) An assessment of the likelihood that other parties will 

be joined, identities of potential parties and an 

estimate of the time needed for joinder of such parties; 

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 (5) When the disclosures required by Rule 26(a)(1)(A) will 

be made or a statement that the parties have stipulated 

that those disclosures will not be made or that they are 

exempted from making those disclosures under Rule 

26(a)(1)(B);3

 (6) (a) A very brief statement of the subjects on which 

discovery may be needed, 

 

 (b) When discovery should be completed, and 

 

 (c) Whether discovery should be conducted in phases or 

be limited to or focused upon particular issues; 

 (7) What changes, if any, should be made in the limitations 

on discovery imposed under the federal or local rules, 

and what other limitations, if any, should be imposed; 

 (8) A statement regarding whether any other orders should be 

entered by the Court under Rule 26(c) or under Rule 16(b) 

and (c) (If additional orders are required, they should 

be separately submitted in agreed form with the joint 

status report and proposed discovery plan.); 

 (9) Whether a jury has been demanded; 

 (10) Whether the parties will consent to the referral of this 

case to a United States magistrate judge, who will 

preside over all pretrial proceedings and trial (whether 

jury or nonjury) (See 28 U.S.C. § 636(c); F.R.C.P. 73.) 

 3 Subparagraphs 5 - 8 are drawn from and are designed to secure the parties' 

compliance with Fed. R. Civ. P. 26(f)(1) - (4).

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(The parties are advised that they are free to withhold 

consent without adverse substantive consequences. If 

one or more of the parties does not consent, this fact 

should be communicated only by stating in the joint 

status report that "the parties could not agree to refer 

this case to the magistrate judge."); 

 (11) (a) An assessment of the prospects for settlement, 

 (b) The status of any settlement negotiations already 

conducted, (except that in a nonjury case the 

parties shall not disclose settlement figures), and 

 (c) The parties' agreement as to a specific date, place 

and time of a formal settlement conference at which 

the parties and their counsel shall appear in 

person to discuss settlement of this case 

(corporations, partnerships, associations, etc., 

shall participate through a representative who must 

have authority to bargain in good faith); 

 (12) An assessment of whether the dispute would be amenable 

to mediation and if not, why not, keeping in mind that 

pro bono mediation may be available to parties unable to 

afford it (If mediation seems appropriate, indicate the 

month and year it would be appropriate and whether it 

should be ordered in addition to or in lieu of the courtordered settlement negotiations contemplated by 11(c), 

above.); 

 (13) A statement that counsel have read the Dondi decision, 

121 F.R.D. 284 (N.D. Texas 1988) (The Dondi opinion is 

also available on the Northern District of Texas website 

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at http://www.txnd.uscourts.gov/publications/html.); 

and 

 (14) Any other matters relevant to the status and disposition 

of this case. 

 Any differences between counsel as to any of the above matters 

shall be set forth in the report. 

C. 

 Plaintiff’s counsel shall arrange the conference and file the 

joint status report and proposed discovery plan. All counsel shall 

cooperate in arranging the conference, shall participate in it, 

and shall sign the joint status report and proposed discovery plan 

resulting from it. Since the Court must, pursuant to Fed. R. Civ. 

P. 16(b), enter a scheduling order within 90 days after the 

appearance of a defendant and within 120 days after the complaint 

has been served on a defendant, any request for an extension of 

time to file the report and plan will be viewed with disfavor and 

will be denied absent a showing of good cause. 

D. 

 Failure to timely file the joint status report and proposed 

discovery plan, or failure to cooperate in the arrangement of the 

conference required by paragraph A or in the preparation and the 

filing of the joint status report and proposed discovery plan, may 

result in the imposition of sanctions, including dismissal or entry 

of default without further notice. See Fed. R. Civ. P. 16(f). 

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E. 

 Miscellaneous: 

 (1) Citations. All briefs filed with the Court must comply 

with the most recent edition of THE BLUEBOOK, A UNIFORM SYSTEM OF CITATION

(Colum. L. Rev. Ass'n et al. eds., 21st ed. 2020). Particularly, 

counsel are directed to provide, where applicable, the subsections 

of cited statutes, and to provide jump cites when citing cases, 

i.e., provide the page where the stated legal proposition can be 

found. See id. R. 3.2-3.4, at 73-78 (regarding pinpoint or "jump" 

cites and subsections, respectively). Furthermore, if a brief 

contains citations to unpublished opinions or to LEXIS, counsel 

must attach copies of those cases to the brief. 

 (2) Certificates of Conference. Pursuant to Rule 5 and Local 

Civil Rule 7.1(b), certificates of service and conference shall 

address all parties, including co-defendants and co-plaintiffs. 

(3) All documents submitted to the Court shall be doublespaced and in no smaller than 12-point font.

 (4) Paper copies: Local Civil Rule 5.1(b) and the ECF 

Administrative Procedures Manual require that a paper copy of any 

electronically filed document be submitted to the judge. Judge 

Means requires that the paper copy arrive at his chambers by mail 

or personal delivery within three working days of the electronic 

filing. The electronically filed document may be unfiled if the 

judge's paper copy does not arrive timely. The paper copy must 

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have the notice of electronic filing stapled to the front of the 

document it pertains to. Where a case or issue has been referred 

to the magistrate judge, the magistrate judge's paper copy of any 

pertinent electronically filed document must arrive at the 

magistrate judge's chambers by mail or personal delivery within 

three working days of the electronic filing. 

(5) Summary-Judgment Procedures: 

 (a) Content of Motions. Regarding summary-judgment 

motions, the parties shall proceed as though Local Civil Rules 

56.3(b) and 56.4(b) contain the word "must" instead of the word 

"may" in their first lines. That is, all matters required by local 

civil rules 56.3(a) and 56.4(a) must be set forth in the party's 

brief. 

 (b) Identifying Live Pleadings. The party moving for 

summary judgment must identify, in a separate section at the 

beginning of his brief, by name of pleading, date filed, and 

document number on the Court's docket, the live pleadings for each 

party who has appeared in the action. Any party filing a response 

to the motion shall indicate whether he agrees with the movant's 

identification of the live pleadings and, if not, why.

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(6) Appendices: 

 (a) Highlighting of Appendices. Regarding the 

documentary evidence submitted in an appendix, Judge Means 

requires that, if the appendix is electronically filed, the 

proponent of the appendix underline (or, as to large passages, 

bracket in the margin) the portions of the appendix upon which he 

relies. Similarly, if the appendix is manually filed, the portion 

of each page of the appendix upon which the proponent relies must 

be highlighted, underlined (or, for large passages, bracketed in 

the margins). 

(b) Large Appendices. Local civil rule 10.1(e) not 

withstanding, the judge’s paper copy of any appendix exceeding one 

hundred fifty (150) pages must be submitted in one or more threering binders, with the notice of electronic filing placed on top 

of the appendix inside the first binder and tabbed dividers placed 

between each separate exhibit. No single binder may exceed 

approximately three hundred (300) pages. 

(c) Non-published Citations. If citations to nonpublished cases are included in a brief, the proponent of the brief 

must attach a copy of the non-published case in the appendix. 

Westlaw citations are preferred over Lexis.

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 (7) Judge-specific requirements. Counsel are advised to 

review Judge Means's general requirements, which are available on 

the Court's website at: 

 http://www.txnd.uscourts.gov/judges/tmeans_req.html

 Signed July 13, 2022. 

 ____________________________ 

 TERRY R. MEANS 

 UNITED STATES DISTRICT JUDGE

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