1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

TYLER DIVISION 

LADARION HUGHES, et al., 

 Plaintiffs, 

v. 

SMITH COUNTY, TEXAS, 

 Defendant. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

Case No. 6:23-cv-344-JDK 

THIRD AMENDED INITIAL SCHEDULING ORDER

Before the Court is the parties’ joint motion to modify the schedule in this case. 

Docket No. 43. The Court GRANTS the motion, as detailed below. 

Pursuant to Federal Rule of Civil Procedure 16(b) and the Eastern District of 

Texas Local Rules (except as modified herein), the Court, having considered the 

status report submitted by the parties, finds that the following schedule should 

govern the disposition of this case: 

June 20, 2025 Dispositive Motions due from all parties.

Motions shall comply with Local Rule CV-56 and Local Rule 

CV-7. Motions to extend page limits will only be granted in

exceptional circumstances.

March 30, 2025 Expert Discovery Deadline. 

February 21, 2025 Oral Fact Discovery Deadline 

All oral fact discovery shall be completed by this date. 

January 31, 2025 Plaintiff’s class certification motion due. 

30 days after any 

Rule 26(a)(2) 

disclosure 

Parties may provide further expert disclosure of expert 

testimony or evidence intended solely to contradict or rebut 

evidence on the same subject matter identified by another 

party under Rule 26(a)(2)(B) within 30 days of the disclosure 

contradicted or rebutted. 

Case 6:23-cv-00344-JDK Document 45 Filed 10/22/24 Page 1 of 3 PageID #: 283
2 

January 31, 2025 Party without the burden of proof on an issue shall file a 

written designation of the name and address of each expert 

witness, if any, who will testify at trial for that party and 

shall otherwise comply with Federal Rule of Civil Procedure 

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

January 3, 2025 Party with the burden of proof on an issue shall file a written 

designation of the name and address of each expert 

witness, if any, who will testify at trial for that party and 

shall otherwise comply with Federal Rule of Civil Procedure 

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

January 3, 2025 Written Fact Discovery Deadline 

All written fact discovery shall be completed by this date. 

Deadlines set in previous scheduling orders that have expired remain expired. 

If any of these dates fall on a weekend or Court holiday, the deadline is 

modified to be the next Court business day. Also note that all deadlines in this order 

are for filing or delivery, not mailing dates. 

Unless otherwise ordered or specified herein, all limitations and requirements 

of the Federal Rules of Civil Procedure and the local rules of this Court must be 

observed. 

I. MODIFICATION OF SCHEDULING ORDER

As addressed above, this Order shall control the disposition of this case unless 

it is modified by the Court upon a showing of good cause and by leave of court. Fed. 

R. Civ. P. 16(b)(4). Any request that the trial date of this case be modified must be

made (a) in writing to the Court, (b) before the deadline for completion of discovery.

II. DISCOVERY DISPUTES

Before filing a motion to compel, a motion to quash, or a motion for protection 

from discovery, lead counsel for each party must confer in good faith concerning the 

disputes. If the dispute is not resolved by conferring in good faith, then a party may 

file an appropriate motion. Any such motion should include a certification by counsel 

describing the steps taken to comply with this paragraph. 

III. 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 

Case 6:23-cv-00344-JDK Document 45 Filed 10/22/24 Page 2 of 3 PageID #: 284
3 

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. 

IV. RESOURCES 

The Eastern District of Texas website (www.txed.uscourts.gov) contains 

information about electronic filing, which is mandatory, Local Rules, telephone 

numbers, general orders, frequently requested cases, the Eastern District fee 

schedule, and other information.

V. COMPLIANCE 

A party is not excused from the requirements of this 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. If a fellow member of the Bar makes 

a just request for cooperation or seeks scheduling accommodation, a lawyer will not 

arbitrarily or unreasonably withhold consent. However, the court is not bound to 

accept agreements of counsel to extend deadlines imposed by rule or court order. See 

Local Rule AT-3(j). 

VI. INQUIRIES 

Questions relating to this scheduling order or legal matters should be 

presented in a motion, as appropriate. For questions regarding electronic notice or 

electronic case files, please see the ECF FAQs on the Eastern District of Texas 

website. 

So ORDERED and SIGNED this day of

___________________________________

JEREMY D. KERNODLE

UNITED STATES DISTRICT JUDGE 22nd October, 2024.

Case 6:23-cv-00344-JDK Document 45 Filed 10/22/24 Page 3 of 3 PageID #: 285