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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

TYLER DIVISION 

THE DAILY WIRE, LLC, et al., 

 Plaintiffs, 

v. 

UNITED STATES DEPARTMENT OF 

STATE, et al., 

 Defendants. 

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Case No. 6:23-cv-609-JDK 

PRELIMINARY INJUNCTION SCHEDULING ORDER 

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 Joint 

Discovery Plan and Proposed Schedule submitted by the parties, finds that the 

following schedule should govern this case. 

This order supersedes and replaces any dates or deadlines in the Court’s 

previous Order Granting Expedited Discovery (Docket No. 54). 

June 10, 2024 Defendants serve written responses and objections to RFPs 

and Interrogatories served by Plaintiffs on May 9, 2024. 

June 14, 2024 Parties exchange Rule 26(a)(1) Initial Disclosures and file 

Proposed Protective Order, Clawback Agreement, and ESI 

Protocol. 

June 30, 2024 Deadline to file a joint statement on any unresolved discovery 

disputes based on Defendants’ written responses and 

objections to the RFPs and Interrogatories. The statement 

must include a specific request for the relief sought. 

Lead counsel for each party must meet and confer as required 

by Local Rule CV-7(h) either in person or by telephone before 

filing a statement. 

July 12, 2024 Defendants Begin Rolling Production of Documents 

Responsive to Expedited RFPs. Defendants will produce 

privilege logs on a rolling basis. The parties agree that 

privileged communication between the parties’ litigation 

counsel and their clients occurring after this suit commenced, 

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or amongst agency litigation counsel discussing matters 

related to this litigation, may be excluded from privilege logs. 

September 3, 2024 Answer Due. 

September 30, 2024 All documents and privilege logs from Expedited RFPs 

produced. 

October 10, 2024 Plaintiffs provide Defendants notice of intent to seek 

depositions or additional third-party subpoenas for 

preliminary injunction. 

October 17, 2024 Deadline to file any motions concerning Plaintiffs’ notice of 

intent to seek depositions or additional third-party 

subpoenas for preliminary injunction. 

Lead counsel for each party must meet and confer as required 

by Local Rule CV-7(h) either in person or by telephone before 

filing any motions. 

October 21, 2024 Deadline for responses to any motions concerning Plaintiffs’ 

notice of intent to seek depositions or additional third-party 

subpoenas for preliminary injunction. 

November 15, 2024 Plaintiffs serve additional third-party subpoenas, if needed. 

December 20, 2024 All preliminary injunction discovery, including third-party 

discovery and depositions, closes. 

January 17, 2025 Deadline for Plaintiffs to file an amended motion for 

preliminary injunction limited to 35 pages, excluding the 

table of contents, table of authorities, signature blocks, and 

certificates. 

February 7, 2025 Deadline for Defendants to file a response to the amended 

motion for preliminary injunction limited to 40 pages, 

excluding the table of contents, table of authorities, signature 

blocks, and certificates. 

February 21, 2025 Deadline for Plaintiffs to file a reply in support of their 

amended motion for preliminary injunction limited to 15 

pages excluding the table of contents, table of authorities, 

signature blocks, and certificates. 

March 31, 2025 Deadline for motions to amend pleadings. 

March 31, 2025 Deadline for joint status report on remaining discovery 

needed. 

The parties shall meet and confer and file a notice regarding 

completion of Rule 26 and third-party discovery, including 

the potential need for periodic status conferences, whether 

the anticipated six months from the preliminary injunction 

ruling is adequate for completing discovery, and any 

adjustments to the limits on discovery. 

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Appendix Requirement 

The parties shall include any materials supporting the amended motion for a 

preliminary injunction in an appendix filed as an attachment to their briefs. Each 

party may assemble their own appendix as a self-contained document, separate from 

the briefs. Each page of the appendix must be consecutively numbered starting at 

“1” and continuing sequentially through the last page of the entire appendix (i.e., the 

numbering system must not re-start with each succeeding document in the appendix). 

Page numbers for an appendix to the reply containing additional supporting 

materials, if necessary, should continue the numbering from the earlier appendix. 

So ordered and signed on this 

Jun 12, 2024

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