United States District Court

EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

DAVID BRIDGE,

 Plaintiff,

v.

WOPAC CONSTRUCTION, INC.,

 Defendant.

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 Civil Action No. 4:23-cv-547-ALM-KPJ

ORDER GOVERNING PROCEEDINGS

This Order shall govern proceedings in this case. The following deadlines are hereby set: 

1. Rule 26(f) attorney conference on or before: November 20, 2023.

2. Complete initial mandatory disclosures required by this Order: November 30, 2023.

3. File joint report of attorney conference: December 4, 2023. This should follow 

initial mandatory disclosures, so a realistic proposal regarding depositions and 

other discovery can be included. 

4. The case is SET for a Rule 16 management conference on December 13, 2023,

at 1:00 p.m. at the United States Courthouse, Courtroom 108, 7940 Preston Road, 

Plano, Texas 75024. Lead counsel for each party, with authority to bind their 

respective clients, and all unrepresented parties, shall be present. Continuance of 

the management conference will not be allowed absent a showing of good cause.

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RULE 26(f) ATTORNEY CONFERENCE

Rule 26(f) requires attorneys of record and all unrepresented parties to confer and attempt 

in good faith to agree on a proposed scheduling order, see Appendix 1, and to electronically file a 

joint report outlining their proposals. The conference may be by telephone. 

Before commencing the Rule 26(f) conference, counsel must discuss settlement options 

with their clients, including whether an offer or demand should be made at the Rule 26(f) attorney 

conference. Counsel should also inquire whether their clients are amenable to trial before a United 

States magistrate judge. Parties willing to consent should file the appropriate form electronically 

1 Before the case management conference, counsel and unrepresented parties should review the most recent versions 

of the Federal Rules of Civil Procedure and the Local Rules for the Eastern District of Texas. The Local Rules are 

available on the Eastern District of Texas website (www.txed.uscourts.gov).

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(see form on Eastern District of Texas website) as soon as possible, so that the case can be reset 

for management conference before the magistrate judge to whom the case is assigned.

The parties must include the following matters in the joint conference report:

1. A brief factual and legal synopsis of the case.

2. The jurisdictional basis for this suit.

3. A list of the correct names of the parties to this action and any anticipated additional 

or potential parties.

4. A list of any cases related to this case pending in any state or federal court, 

identifying the case numbers and courts along with an explanation of the status of 

those cases.

5. Confirm that the initial disclosures required by Rule 26(a)(1) and this Order have 

been completed.

6. Proposed scheduling order deadlines. Appendix 1 has the standard deadlines. 

Explain any deviations from the standard schedule. Now is the time to inform the 

Court of any special complexities or need for more time before the trial setting. 

The standard schedule is planned so that there is time to rule on dispositive motions 

before parties begin final trial preparation.

7. Describe in accordance with Rule 26(f):

(i) The subjects on which discovery may be needed, when discovery should be 

completed, and whether discovery should be conducted in phases or be 

limited to or focused on particular issues.

(ii) Any issues relating to disclosure or discovery of electronically stored 

information (“ESI”), including the form or forms in which it should be 

produced (whether native or some other reasonably usable format) as well 

as any methodologies for identifying or culling the relevant and 

discoverable ESI. Any disputes regarding ESI that counsel for the parties 

are unable to resolve during their conference must be identified in the report.

(iii) Any agreements or disputes relating to asserting claims of privilege or 

preserving discoverable information, including ESI and any agreements 

reached under Federal Rule of Evidence 502 (such as the potential need for 

a protective order and any procedures to which the parties might agree for 

handling inadvertent production of privileged information and other 

privilege waiver issues). A party asserting that any information is 

confidential should immediately apply to the Court for entry of a protective 

order. 

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(iv) Any changes that should be made in the limitations on discovery imposed 

by the Rules, whether federal or local, and any other limitations that should 

be imposed. 

(v) Whether any other orders should be entered by the Court pursuant to Federal 

Rule of Civil Procedure 26(c) or Rule 16(b), (c).

8. State the progress made toward settlement and the present status of settlement 

negotiations, including whether a demand and/or an offer has been made. If the 

parties have agreed upon a mediator, also state the name, address, and phone 

number of that mediator and a proposed deadline for mediation. An early date is 

encouraged to reduce expenses. The Court will appoint a mediator if none is agreed 

upon.

9. The identity of persons expected to be deposed.

10. Estimated trial time and whether a jury demand has been timely made.

11. The names of the attorneys who will appear on behalf of the parties at the 

management conference (the appearing attorney must be an attorney of record and 

have full authority to bind the client).

12. Whether the parties jointly consent to trial before a magistrate judge.

13. Any other matters that counsel deem appropriate for inclusion in the joint 

conference report or that deserve the special attention of the Court at the 

management conference. 

DISCOVERY

Initial mandatory disclosures pursuant to Rule 26(a)(1) shall be completed not later than 

10 days after the deadline for the Rule 26 attorney conference and shall include the following, in 

addition to information required by Rule 26(a)(1): 

1. The correct names of the parties to the action.

2. The name and, if known, address and telephone number of any potential parties to 

the action.

3. The name and, if known, the address and telephone number of persons having 

knowledge of facts relevant to the claim or defense of any party, a brief 

characterization of their connection to the case, and a fair summary of the substance 

of the information known by such person. This may be combined with the list of 

persons required under Rule 26(a)(1)(A)(i) so two lists are not needed.

4. The authorizations described in Local Rule CV-34.

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5. A copy of all documents, ESI, witness statements, and tangible things in the 

possession, custody, or control of the disclosing party that are relevant to the claim 

or defense of any party. This may be combined with disclosures under Rule 

26(a)(1)(A)(ii) so duplication is avoided. In cases involving a disproportionate 

burden of disclosure of a large number of documents on one party, the parties may 

agree on prior inspection to reduce the need for copies. Parties are encouraged to 

agree upon provision of information by electronic means. See Local Rule CV-26(d) 

for the meaning of “relevant to the claim or defense of any party.” 

A party that fails to timely disclose such information will not, unless such failure is 

harmless, be permitted to use such evidence at trial, at a hearing, or in support of a motion.

A party is not excused from making its disclosures because it has not fully completed its 

investigation of the case. Moreover, the proportionality standard set forth in Rule 26(b)(2)(C) 

should be applied in each case when formulating a discovery control plan. To further the 

application of the proportionality standard in discovery, requests for production of ESI and related 

responses should be reasonably targeted, clear, and as specific as practicable.

Early Rule 34 requests may be delivered in compliance with Rule 26(d)(2). However, these 

requests are not considered served until the Rule 26(f) conference has occurred. All other discovery 

shall not commence until the Rule 26(f) conference. See FED. R. CIV. P. 26(d), 34. Depositions 

may be taken, and initial mandatory disclosures shall occur, before the Rule 16 management 

conference, so that counsel are in a position to intelligently discuss additional required discovery 

and scheduling of the case. 

Following the management conference, the Court will enter a scheduling order setting 

deadlines controlling disposition of the case. If the Court concludes that a management 

conference is not necessary after receiving the parties’ Rule 26(f) report, it may enter a 

scheduling order and cancel the management conference. 

The fact that the scheduling order will have a deadline for completion of discovery is NOT

an invitation, or authorization, to withhold documents or information required to be disclosed as 

part of initial mandatory disclosures under the guise of “supplementation.” Attorneys are expected 

to review their clients’ files and to conduct at least preliminary interviews of their clients and

potential witnesses under their control, so as to fully comply with the initial mandatory disclosure 

requirements by the deadline set in this order. This will allow experts to be timely identified and 

prepared to testify, witnesses to be efficiently deposed, and any follow-up paper discovery to be 

completed by the deadline to be set for completion of discovery. The Court expects that, in most 

cases, after reading the pleadings and having a frank discussion of the issues and discovery during 

the Rule 26 attorney conference, a review of the opposing party’s initial disclosures should alert 

an attorney to any remaining information which should have been disclosed, so that such 

information can be provided before the Rule 16 management conference.

DISCOVERY DISPUTES

In the event the parties encounter a discovery dispute, no motions to compel may be filed 

until after the parties fulfill the “meet and confer” requirement imposed by this Court’s Local Rule 

CV-7(h). If the parties are unable to resolve the dispute without court intervention, the parties must 

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then call the Court’s chambers to schedule a telephone conference regarding the subject matter of 

the dispute prior to filing any motion to compel. After reviewing the dispute, the Court will resolve 

the dispute, order the parties to file an appropriate motion, or direct the parties to call the discovery 

hotline. 

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

disputes and to enforce provisions of the rules. The hotline is an appropriate means to obtain an 

immediate ruling on whether a discovery request is relevant to the claims or defenses and on 

disputes which arise during depositions. The hotline number is (903) 590-1198. See Local Rule 

CV-26(e).

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. Labeled tabs on the attachments to the courtesy 

copy will make it easier to find them. 

If a document filed electronically exceeds twenty (20) pages in length, including 

attachments, a paper copy of the filed document must be sent contemporaneously to Judge 

Mazzant’s chambers in Sherman. The parties are also encouraged, although not required, to send 

a paper copy of any document ten (10) pages or more in length, including attachments, to Judge 

Mazzant’s chambers.

Pursuant to Local Rule CV-7(b), highlight in the courtesy copy the portions of the affidavits 

or other supporting documents which are cited in your motion or response. 

Any reply or sur-reply must be filed in accordance with Local Rule CV-6 and Local Rule 

CV-7(f). The parties are reminded that “[t]he court need not wait for the reply or sur-reply before 

ruling on the motion.” Local Rule CV-7(f) (emphasis added).

SAFEGUARDING PERSONAL INFORMATION

The Judicial Conference of the United States has implemented policies to protect sensitive 

private information about parties, witnesses, and others involved in a civil, criminal, or bankruptcy 

case. To that end, all documents filed with the Court and made available to the public, whether 

electronically or on paper, should limit certain information as follows:

• for Social Security numbers, use only the last four digits;

• for financial account numbers, use only the last four digits;

• for names of minor children, use only their initials; 

• for dates of birth, use only the year; and

• (in criminal cases) for home addresses, use only the city and state. 

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If such information is elicited during testimony or other court proceedings, it will become 

available to the public when the official transcript is filed at the courthouse unless and until it is 

redacted. The better practice is for you to avoid introducing this information into the record in the 

first place. Please take this into account when questioning witnesses or making other statements in 

court.

FAILURE TO SERVE

Any defendant who has not been served with the summons and complaint within 90 days 

after the filing of the complaint shall be dismissed, without further notice, unless prior to such 

time the party on whose behalf such service is required shows good cause why service has not 

been made. See FED. R. CIV. P. 4(m).

FICTITIOUS PARTIES

The name of every party shall be set out in the complaint. See FED. R. CIV. P. 10(a). The 

use of fictitious names is disfavored by federal courts. See, e.g., Doe v. Blue Cross & Blue Shield, 

112 F.3d. 869 (7th Cir. 1997). It is hereby ORDERED that this action be DISMISSED as to all 

fictitious parties. Dismissal is without prejudice to the right of any party to take advantage of the 

provisions of Rule 15(c).

SETTLEMENT

Plaintiff’s counsel shall immediately notify the Court upon 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 disclosures, 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 are reminded of Local Rule AT-3, particularly AT-3(i), (j).

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Appendix 1

PROPOSED SCHEDULING ORDER DEADLINES

The following actions shall be completed by the dates indicated.1(The times indicated are 

the standard for most cases. Counsel should be prepared to explain the need for requested 

changes).

1 week after mgmt. conf.

Deadline for motions to transfer.

6 weeks after mgmt. conf.

Deadline to add parties.

________________________

10 weeks after mgmt. conf.

Disclosure of expert testimony pursuant to FED. R. CIV.

P. 26(a)(2) and Local Rule CV-26(b) on issues for which 

the party bears the burden of proof.

________________________

12 weeks after mgmt. conf.

Deadline for Plaintiff to file amended pleading. (A 

motion for leave to amend is required.)

________________________

14 weeks after mgmt. conf.

Disclosure of expert testimony pursuant to FED. R. CIV.

P. 26(a)(2) and Local Rule CV-26(b) on issues for which 

the party does not bear the burden of proof.

________________________

14 weeks after mgmt. conf.

Deadline for Defendant’s final amended pleadings. (A 

motion for leave to amend is required.)

________________________

16 weeks after mgmt. conf.

Deadline to object to expert testimony on issues for 

which the party seeking to introduce that testimony bears 

the burden of proof. Objection shall be made as 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.

________________________

18 weeks after mgmt. conf.

Deadline to object to expert testimony on issues for 

which the party seeking to introduce that testimony does 

not bear the burden of proof. Objection shall be made as 

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.

1 If a deadline falls on a Saturday, Sunday, or a legal holiday as defined in FED. R. CIV. P. 6, the effective date is the 

first federal court business day following the deadline imposed. 

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22 weeks after mgmt. conf.

Deadline by which the parties shall notify the Court of 

the name, address, and telephone number of the agreedupon mediator, or request that the Court select a 

mediator, if they are unable to agree on one.

________________________

24 weeks after mgmt. conf.

All discovery shall be commenced in time to be 

completed by this date.

________________________

27 weeks after mgmt. conf. 

but no later than 110 days 

prior to deadline for 

submission of Joint Final 

Pretrial Order

Deadline for motions to dismiss, motions for summary 

judgment, or other dispositive motions.

________________________

28 weeks after mgmt. conf.

Mediation must occur by this date.

________________________

6 weeks before final pretrial 

conf.

Notice of intent to offer certified records.

________________________

6 weeks before final pretrial 

conf.

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).

________________________

5 weeks before final pretrial 

conf.

Video Deposition Designation 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 cross examination line and page numbers to 

be included. Counsel must consult on any objections and 

only those which cannot be resolved shall be presented to 

the Court. 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.

________________________

30 days before final pretrial 

conf.

Motions in limine due. 

File Joint Final Pretrial Order due. 

See http://www.txed.uscourts.gov/?q=forms/misc

Exhibit and Witness Lists due.

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2 weeks before final pretrial 

conf.

Response to motions in limine due.2

File objections to witnesses, deposition extracts, and 

exhibits, listed in pre-trial order.3(This does not extend 

deadline to object to expert witnesses.)

File Proposed Jury Instructions/Form of Verdict (or 

Proposed Findings of Fact and Conclusions of Law).

Date will be set by Court. 

Usually within 10 days prior 

to final pretrial conf.

If numerous objections are filed, the Court may set a 

hearing to consider all pending motions and objections.

December 5, 2024 Final Pretrial Conference at 9:00 a.m. at the Paul Brown 

United States Courthouse located at 101 East Pecan 

Street in Sherman, Texas. Date parties should be 

prepared to try case. All cases on the Court’s Final 

Pretrial Conference docket for this day have been set at 

9:00 a.m. However, prior to the Final Pretrial Conference 

date, the Court will set a specific time between 9:00 a.m. 

and 4:00 p.m. for each case, depending on which cases 

remain on the Court’s docket.

To be determined 10:00 a.m. Jury selection and trial (or bench trial) at 

The Paul Brown United States Courthouse located at 101 

E. Pecan Street in Sherman, Texas. Cases that remain for 

trial following the Court’s Pretrial docket will be tried 

between January 6, 2025 and January 31, 2025. A 

specific trial date in this time frame will be selected at the 

Final Pretrial Conference.

2 This is not an invitation or requirement to file written responses. Most motions in limine can be decided without a 

written response. However, if there is a particularly difficult or novel issue, the Court needs some time to review the 

matter. 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 the issues which are resolved. 

3 Within five calendar days after the filing of any objections, opposing counsel shall confer to determine whether 

objections can be resolved without a court ruling. The parties shall notify the Court of all issues which are resolved. 

The Court needs a copy of the exhibit or the pertinent deposition pages to rule on the objection. 

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