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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

EFD SPORTS, LLC

v.

BALLY’S CORPORATION

§

§

§

§

§

CIVIL NO. 4:24-CV-87-SDJ

SCHEDULING ORDER

The Court, after reviewing the case management report required by Federal 

Rule of Civil Procedure 26(f) and conferring with the parties either by e-mail or 

scheduling conference, enters this case-specific order which controls disposition ofthis

action pending further order of the Court. The following actions shall be completed by 

the dates indicated.1

DEADLINES

Passed Deadline for motions to transfer.

07/10/2024 Deadline to add parties.

08/07/2024 Disclosure of expert testimony pursuant to Federal

Rule of Civil Procedure 26(a)(2) and Local Rule 

CV-26(b) on issues for which the party bears the 

burden of proof.

08/21/2024 Deadline for Plaintiff to file amended pleadings.

(A motion for leave to amend is required.)

09/04/2024 Disclosure of expert testimony pursuant to Federal

Rule of Civil Procedure 26(a)(2) and Local Rule 

CV-26(b) on issues for which the party does not bear 

the burden of proof.

09/04/2024 Deadline for Defendant to file final amended 

pleadings.2 (A motion for leave to amend is

required.)

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 business day following the deadline 

imposed.

2 Except as otherwise provided by Federal Rule of Civil Procedure 12(a)(4).

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09/18/2024 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 

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.

10/02/2024 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 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.

10/30/2024 Date by which the parties shall notify the Court of 

the name, address, and telephone number of the 

agreed-upon mediator, or request that the Court 

select a mediator, if they are unable to agree on one.

11/13/2024 All discovery shall be commenced in time to be

completed by this date.

12/04/2024 Deadline for motions to dismiss, motions for

summary judgment, or other dispositive motions.

Deadline for motion for leave to designate 

responsible third party.

12/11/2024 Mediation must occur by this date.

05/07/2025 Notice of intent to offer certified records.

05/07/2025 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, see 

(www.txed.uscourts.gov), and Joint Proposed Jury 

Instructions and Verdict Form (or Proposed 

Findings of Fact and Conclusions of Law in non-jury

cases).

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05/14/2025 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.

05/19/2025 Motions in limine due. 

05/19/2025 File Joint Final Pretrial Order.3

06/04/2025 Response to motions in limine due.4

06/04/2025 File objections to witnesses, deposition extracts, and

exhibits, listed in pre-trial order.5 (This does not 

extend the deadline to object to expert witnesses.)

Provide the exhibit objected to in the motion or 

response. If numerous objections are filed, the Court 

may set a hearing prior to docket call.

06/04/2025 File Proposed Jury Instructions/Form of Verdict (or

Proposed Findings of Fact and Conclusions of Law).

06/04/2025 File Proposed Voir Dire Questions.

3 A form Joint Final Pretrial Order can be found on the Court’s website, available at:

http://www.txed.uscourts.gov/?q=judge/judge-sean-jordan.

4 This is not an invitation or requirement to file written responses. Most motions in 

limine can be decided without a written response. But, 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.

5 Within five calendar days after the filing of any objections, opposing counsel shall 

confer to determine whether objections can be resolved without a 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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Date will be set by 

Court, usually within 

10 days prior to 

pretrial conf.

If numerous objections are filed, the Court may set a

hearing to consider all pending motions and

objections.

06/18/2025 Final Pretrial Conference at 9:00 a.m. at the United 

States Courthouse located at 7940 Preston Road in 

Plano, Texas. Parties should be prepared to try the 

case on this date. 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 Jury selection and trial (or bench trial) at 10:00 a.m. 

at the United States Courthouse located at 7940 

Preston Road in Plano, Texas. Cases that remain for

trial following the Court’s Pretrial docket will be

tried between July 7, 2025, and July 31, 2025. A

specific trial date in this time frame will be selected 

at the Final Pretrial Conference.

SETTLEMENT

If the parties reach a settlement or other resolution of the case, Plaintiff’s 

counsel shall immediately submit a notice advising the Court of the status of the case. 

If such notice is not submitted to the Court, the Court may order counsel to 

appear at a hearing to address the failure to submit a timely notice.

Thereafter, the Court may enter such orders as are just and necessary to ensure 

prompt resolution of the case.

SCOPE OF DISCOVERY

Modification. Taking into account the needs of the case, the amount in 

controversy, the parties’ resources, the importance of the issues at stake in the 

litigation, and the importance ofthe proposed discovery in resolving the issues, the 

Court modifies the parameters of discovery in the following respects. See Fed. R. Civ. 

P. 26(b)(2).

Disclosure. The parties are reminded of the requirement, set out in this Court’s

Initial Order Governing Proceedings, to have already disclosed, without awaiting a

discovery request, information in addition to that required by Federal Rule of Civil

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Procedure 26, including names of persons likely to have, and documents containing, 

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

If there are any questions about whether information is “relevant to the claim

or defense of any party” review Local Rule CV-26(d). A party that fails to timely

disclose any of the information required to be disclosed by order of this Court or by 

the Federal Rules of Procedure, will not, unless such failure is harmless, be permitted 

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

Electronic Discovery. Electronically stored information will be produced in 

hard copy form or multi-page TIFF format, unless the parties agree otherwise.

The parties are excused from the pretrial disclosure requirements set forth in 

Federal Rule of Civil Procedure 26(a)(3), as such disclosure is cumulative of this 

Court’s pre-trial order procedures.

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 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 number is (903) 

590-1198. See Local Rule CV-26(e).

RESOURCES

The Eastern District of Texas website (http://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. The electronic filing HelpLine is 1-866-251-7534.

COMPLIANCE

A party is not excused from the requirements of this scheduling order because

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.

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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).

TRIAL

The deadlines for pre-trial matters, such as exchanging exhibits, and 

objections, are intended to reduce the need for trial objections, side-bar conferences, 

and repetitive presentation of evidentiary predicates for clearly admissible evidence. 

Counsel should be familiar with the evidence display system available in the 

courtroom. Copies of exhibits which will be handed to witnesses should be placed in 

a three-ring binder, with an additional copy for the Court. (To make it easy to direct 

the witness to the correct exhibit while on the stand, Plaintiff should use a dark 

colored binder such as black or dark blue. Defendant should use a light-colored binder 

such as white, red, or light blue.) Alternatively, if exhibits have been scanned and 

will be presented via a computer projection system, be sure there is a way for the 

Court to view or read them separately so as to be able to understand motions and 

objections.

Counsel are responsible for informing their clients and witnesses about 

courtroom dress requirements and protocol, such as silencing pagers and phones, and 

not chewing gum, reading newspapers, or eating.

OTHER MATTERS

1. Please note the amendments to the Local Rules regarding motion practice. If 

a document filed electronically exceeds ten pages in length, including 

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

contemporaneously to the undersigned’s chambers in Plano. See Local Rule

CV-5(a)(9). Courtesy copies over twenty pages long should be bound to the left, 

and voluminous exhibits should be separated by dividers.

2. If necessary, the parties should notify the Court if assistance is needed in 

selecting a mediator.

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3. 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).

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