IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

LUFKIN DIVISION

ISMAEL ARREOLA and ISRAEL ARREOLA, 

Each Individually and on Behalf of All Others 

Similarly Situated

VS.

SOUTHERN INDUSTRIAL 

CONTRACTORS, LLC, and SAMUEL ESTIS

 

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 CIVIL ACTION NO. 9:23-CV-00050 

 JUDGE MICHAEL J. TRUNCALE

 

SCHEDULING ORDER

The following actions shall be completed by the date indicated.1 All communications concerning the 

case shall be directed to Karen McClelland, Judicial Assistant for Judge Truncale at (409) 654-6210. 

 11/27/2023 Deadline for Motions to Transfer. 

 12/23/2023 Deadline to add parties without leave of court. 

 03/07/2024 Deadline to complete Phase I discovery related solely to certification.

 05/02/2024 Deadline to file Motion to Certify Class. 

 07/15/2024 If applicable, deadline for defendants to produce the class list to 

plaintiffs.

 08/01/2024 Deadline for plaintiffs to send notice to potential class members. 

 11/01/2024 Deadline to opt in. Any plaintiff wishing to join this collective action 

must file their Consent to Join Collective Action form by this date. 

 12/01/2024 Deadline for plaintiff(s) to file amended pleadings. A motion for 

leave to amend is not necessary. 

 12/14/2024 Deadline for defendant(s) to file amended pleadings. A motion for 

leave to amend is not necessary. 

 01/10/2025 Deadline to mediate case with Bob Black, Greg Thompson, or Dan 

Ducote, or another mediator agreed to by the parties. 

 01/24/2025 Deadline to designate expert witnesses and reports on issues for 

which the party bears the burden of proof, pursuant to Federal Rule 

of Civil Procedure 26(a)(2) and Local Rule CV-26(b). 

1 If a deadline falls on a Saturday, Sunday, or a legal holiday as defined in Federal Rule of Civil Procedure 6, the effective 

date is the first federal court business day following the deadline imposed.

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 03/07/2025 Deadline to designate expert witnesses and reports on issues for 

which the party does not bear the burden of proof, pursuant to Federal 

Rule of Civil Procedure 26(a)(2) and Local Rule CV-26(b). 

7 weeks after disclosure Deadline to object to any other party’s expert witnesses. 

of an expert is made Objections shall be made by a motion to strike or limit expert 

testimony and shall be accompanied by a copy of the expert’s report 

in order to provide the court with all the information necessary to 

make a ruling on any objection. The court will not accept objections 

to experts filed in any form—i.e., Motions in Limine—after this 

date.2

Expert reports should include the categories of information set out in 

Federal Rule of Civil Procedure 26(a)(2)(B)(i)-(vi) and 

26(a)(2)(C)(i)-(ii). Challenges to expert reports include those set out 

in Federal Rule of Evidence 702(a)-(d) and 703. 

 03/20/2025 Deadline for Motions to Dismiss, Motions for Summary Judgment, 

or other dispositive motions. 

 04/18/2025 All discovery shall be commenced in time to be completed by this 

date. 

 05/08/2025 Notice of intent to offer certified records.

 05/15/2025 Counsel and unrepresented parties are each responsible for contacting 

opposing counsel and unrepresented parties to determine how they 

will prepare the Joint Final Pretrial Order and Joint Proposed Jury 

Instructions and Verdict Form (or Proposed Findings of Fact and 

Conclusions of Law in non-jury cases). 

 To avoid the cost of designating deposition extracts and objecting to 

same, counsel shall discuss witnesses who have to be presented by 

deposition. Counsel should agree on a list of witnesses whom each 

counsel will subpoena, or if beyond the subpoena range (see Federal 

Rule of Civil Procedure 45), whom each counsel will arrange to have 

present at trial.

 06/12/2025 For witnesses who are not going to be called live, oral, and video

deposition designations due. Each party who proposes to offer a 

deposition by video shall serve on all other parties a disclosure 

identifying the line and page numbers to be offered. All other parties 

will have seven calendar days to serve a response with any objections 

and requesting line and page numbers to be offered. Counsel must 

consult on any objections, and only those which cannot be resolved 

2 This requirement has two goals: (1) to encourage early disclosure of experts so that if one is struck, the party will have time 

to find another; and (2) to avoid the gamesmanship that has become common as parties attempt to disqualify experts with a 

Motion in Limine thus distracting opponents during final trial preparations and perhaps even blocking testimony required to 

establish a claim or defense.

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shall be presented to the court.3 The party who filed the initial video 

deposition designation is responsible for preparation of the final 

edited video in accordance with all parties’ designations, and the 

court’s rulings on objections. (Designations are not to be made for 

witnesses who will appear live, nor for impeachment on crossexamination.) 

 06/26/2025 File unresolved objections to oral and video deposition extracts. 

 06/19/2025 Motions in Limine due. 

 Deadline to file Joint Final Pretrial Order. (Obtain form for Exhibit 

List from Eastern District’s website.)

 06/26/2025 Response to Motions in Limine due.4

 File Proposed Jury Instructions/Verdict Form (or Proposed Findings 

of Fact and Conclusions of Law). 

Date will be set by court. If numerous objections are filed the court may set a hearing 

Usually within 10 days prior to consider all pending motions and objections. 

to Final Pretrial. 

 07/10/2025 9:00 a.m. Final Pretrial Conference in Courtroom 2, Jack Brooks 

Federal Courthouse, 300 Willow Street, Beaumont, Texas. Date 

parties should be prepared to try case. Provide court with two copies 

of Exhibit List, using form from District Clerk’s Office. Absent 

agreement of the parties, this should not have exhibits which were not 

listed in the Final Pretrial Order.

 07/21/2025 9:00 a.m. Bench Trial in the Ward R. Burke Federal Courthouse, 104 

N. Third Street, Lufkin, Texas. 

CONTESTED MOTION PRACTICE

Counsel and parties shall comply with Local Rules CV-7, 10, 11, and 56, in addition to the Federal 

Rules of Civil Procedure. Local Rule CV-7 requires you to attach affidavits and other supporting documents 

to the motion or response when allegations of fact are relied upon and do not appear in the record. Highlight 

the portions of the affidavits or other supporting documents that are cited in your motion or response. 

DISCOVERY DISPUTES

A magistrate judge is available during business hours to immediately hear discovery disputes and to 

enforce provisions of the rules. The hotline is the best means to obtain an immediate ruling on whether a 

discovery request is relevant to any claims or defenses and on disputes that arise during depositions. The 

hotline number is (903) 590-1198. See Local Rule CV-26(e). 

3 Opposing counsel shall confer to determine whether objections can be resolved without a court ruling. The court needs a 

copy of the pertinent deposition to rule on any objection.

4 To save time and space, respond only to items objected to. All others will be considered to be agreed. Opposing counsel 

shall confer in an attempt to resolve any dispute over the motions in limine within five calendar days of the filing of any 

response. The parties shall notify the court of all issues which are resolved.

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Electronic discovery: In cases involving disputes over extensive electronic discovery counsel for 

both sides shall review the court’s [Model] Order Regarding E-Discovery in Patent Cases before contacting 

the Hotline or filing motions to compel or to quash. The order can be modified for use in any case in which 

electronic discovery is an issue, and any ruling of the court on conduct of electronic discovery will likely be 

based, at least in part, on that Model Order. See ED Texas Website under Quick Links / Forms / Patent Forms 

/ Order Regarding E-Discovery in Patent Cases. 

SETTLEMENT

Plaintiff’s counsel shall immediately notify the court upon settlement. All papers necessary for the 

removal of the case from the Court’s active trial docket should be filed within thirty (30) days of settlement.

COMPLIANCE

Attorneys and pro se litigants who appear in this court must comply with the deadlines set forth in 

the Federal Rules of Civil Procedure, the Local Rules for the Eastern District of Texas, and this Order. A 

party is not excused from the requirements of a Rule or Scheduling Order by virtue of the fact that 

dispositive motions are pending, the party has not completed its investigation, the party challenges the 

sufficiency of the opposing party’s disclosure, or because another party has failed to comply with this 

Order or the rules. 

Failure to comply with relevant provisions of the Local Rules, the Federal Rules of Civil Procedure, 

or this Order may result in the exclusion of evidence at trial, the imposition of sanctions by the court, or both. 

Counsel is reminded of Local Rule AT-3, particularly AT-3(i) & (j).

____________________________

Michael J. Truncale

United States District Judge SIGNED this 17th day of November, 2023.

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