IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION 

THE KRAFT HEINZ COMPANY 

EMPLOYEE BENEFITS 

ADMINISTRATION BOARD, KRAFT 

HEINZ COMPANY GROUP BENEFITS 

PLAN and KRAFT HEINZ COMPANY 

RETIREE GROUP BENEFITS PLAN 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

Case No. 2:23-cv-00317-JRG 

v. § 

 § 

AETNA LIFE INSURANCE COMPANY § 

NOTICE OF SCHEDULING CONFERENCE, 

PROPOSED DEADLINES FOR DOCKET CONTROL ORDER 

AND DISCOVERY ORDER 

The Court, sua sponte, issues this Notice of Scheduling Conference, Proposed Deadlines 

for Docket Control Order, and Discovery Order. 

Notice of Scheduling Conference 

Pursuant to Fed. R. Civ. P. 16, the Scheduling Conference in this case is set for December 

4, 2023, at 10:30 a.m., in Marshall, Texas. The parties are directed to meet and confer in 

accordance with Fed. R. Civ. P. 26(f). The parties are excused from the requirement of filing a 

written proposed discovery plan in this case.

Proposed Deadlines for Docket Control Order 

The proposed deadlines for Docket Control Order set forth in the attached Appendix A 

shall be discussed at the Scheduling Conference. The Court will not modify the proposed trial 

date except for good cause shown. 

Discovery Order 

After a review of the pleaded claims and defenses in this action, in furtherance of the 

management of the Court’s docket under Fed. R. Civ. P. 16, and after receiving the input of the 

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parties to this action, it is ORDERED AS FOLLOWS: 

1. Disclosures. Except as provided by paragraph 1(j), within 30 days after the Scheduling 

Conference each party shall disclose to every other party the following information: 

(a) the correct names of the parties to the lawsuit;

(b) the name, address, and telephone number of any potential parties; 

(c) the legal theories and, in general, the factual bases of the disclosing party’s claims 

or defenses (the disclosing party need not marshal all evidence that may be offered 

at trial. 

(d) the name, address, and telephone number of persons having knowledge of relevant 

facts, a brief statement of each identified person’s connection with the case, and a 

brief, fair summary of the substance of the information known by any such person; 

(e) any indemnity and insuring agreements under which any person or entity carrying 

on an insurance business may be liable to satisfy part or all of a judgment entered 

in this action or to indemnify or reimburse for payments made to satisfy the 

judgment; 

(f) any settlement agreements relevant to the subject matter of this action; 

(g) any statement of any party to the litigation; 

(h) in a suit alleging physical or mental injury and damages from the occurrence that 

is the subject of the case, all medical records and bills that are reasonably related to 

the injuries or damages asserted, or, in lieu thereof, an authorization permitting the 

disclosure of such medical records and bills; 

(i) in a suit alleging physical or mental injury and damages from the occurrence that 

is the subject of the case, all medical records and bills obtained by the disclosing 

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party by virtue of an authorization furnished by the requesting party; and 

(j) for any testifying expert1, by the date set by the Court in the Docket Control Order, 

each party shall disclose to the other party or parties: 

 a. the expert’s name, address, and telephone number; 

 b. the subject matter on which the expert will testify; 

 c. if the witness is retained or specially employed to provide expert testimony 

in the case or whose duties as an employee of the disclosing party regularly 

involve giving expert testimony: 

1. all documents, tangible things, reports, models, or data compilations 

that have been provided to, reviewed by, or prepared by or for the 

expert in anticipation of the expert’s testimony, except to the extent 

protected by Fed. R. Civ. P. 26(b)(4); and 

2. the disclosures required by Fed. R. Civ. P. 26(a)(2)(B) and Local 

Rule CV-26.

d. for all other experts, the general substance of the expert’s mental 

impressions and opinions and a brief summary of the basis for them or 

documents reflecting such information; and

e. any party shall be excused from furnishing an expert report of treating 

physicians.

2. Protective Orders. Upon the request of any party before or after the Scheduling 

Conference, the Court shall issue the Protective Order in the form attached as Appendix B. 

1 All expert reports should be written such that the report is organized with discrete paragraph numbers. 

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Any party may oppose the issuance of or move to modify the terms of the Protective Order 

for good cause.

3. Additional Disclosures. In addition to the disclosures required in Paragraph 1 of this Order, 

at the Scheduling Conference, the Court shall amend this discovery order and require each 

party, within 45 days after the Scheduling Conference and without awaiting a discovery 

request, to provide, to the extent not already provided, to every other party the following:

 (a) a copy of all documents, data compilations, and tangible things in the possession, 

custody or control of the party that are relevant to the claims or defenses involved 

in this action. By written agreement of all parties, alternative forms of disclosure 

may be provided in lieu of paper copies. For example, the parties may agree to 

exchange images of documents electronically or by means of computer disk; or the 

parties may agree to review and copy disclosure materials at the offices of the 

attorneys representing the parties instead of requiring each side to furnish paper 

copies of the disclosure materials;

 (b) a complete computation of any category of damages claimed by any party to the 

action, making available for inspection and copying under Rule 34, the documents 

or other evidentiary material on which such computation is based, including 

materials bearing on the nature and extent of the injuries suffered; and

(c) the documents and authorizations described in Local Rule CV-34.

The Court shall order the disclosures set forth in paragraph 3(a), (b), and (c) in the absence 

of a showing of good cause by any party objecting to such disclosures.

4. Discovery Limitations. At the Scheduling Conference, the Court shall also amend this 

discovery order to limit discovery in this cause to the disclosures described in paragraphs 

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1 and 3 together with 25 interrogatories, 25 requests for admissions, the depositions of the 

parties, deposition on written questions of custodians of business records for third parties, 

the depositions of 2 expert witnesses per side and 10 hours per side for third party fact 

witness depositions. “Side” means a party or a group of parties with a common interest. 

Any party may move to modify these limitations for good cause.

5. Privileged Information. There is no duty to disclose privileged documents or 

information. However, the parties are directed to meet and confer concerning privileged 

documents or information after the Scheduling Conference. The parties shall exchange 

privilege logs identifying the documents or information and the basis for any disputed 

claim of privilege in a manner that, without revealing information itself privileged or 

protected, will enable the other parties to assess the applicability of the privilege or 

protection. The privilege logs must be exchanged by the deadline set in the Docket Control 

Order. Any party may move the Court for an order compelling the production of any 

privileged documents or information identified in any other party’s privilege log. If such 

a motion is made, the party asserting privilege shall file with the Court, within 14 days of 

the filing of the motion to compel any proof in the form of declarations or affidavits to 

support their assertions of privilege, along with the documents over which privilege is 

asserted for in camera inspection. However, if the party asserting privilege seeks in camera 

review by the Court, such party shall first obtain leave from the Court prior to delivery of 

documents to the Court. If the parties have no disputes concerning privilege documents or 

information, then the parties shall inform the Court of that fact by filing a notice within 14 

days of the deadline set in the Docket Control Order for exchanging privilege logs.

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6. Pre-trial disclosures. Each party shall provide to every other party regarding the evidence 

that the disclosing party may present at trial as follows:

(a) The name and, if not previously provided, the address and telephone number of 

each witness, separately identifying those whom the party expects to present at trial 

and those whom the party may call if the need arises.

(b) The designation of those witnesses whose testimony is expected to be presented by 

means of a deposition and, if not taken stenographically, a transcript of the pertinent 

portions of deposition testimony.

 (c) An appropriate identification of each document or other exhibit, including 

summaries of other evidence, separately identifying those which the party expects 

to offer and those which the party may offer if the need arises.

 These disclosures shall be made at least 30 days before trial. Within 14 days thereafter, 

unless a different time is specified by the Court, a party may serve and file a list disclosing 

(1) any objections to the use under Rule 32(a) of a deposition designated by another party 

under subparagraph (B), and (2) any objections, together with the grounds therefor, that 

may be made to the admissibility of materials identified under subparagraph (C). 

Objections not so disclosed, other than objections under Rules 402 and 403 of the Federal 

Rules of Evidence, shall be deemed waived unless excused by the Court for good cause 

shown.

7. Signature. The disclosures required by this order shall be made in writing and signed by 

the party or counsel and shall constitute a certification that, to the best of the signer’s 

knowledge, information and belief, such disclosure is complete and correct as of the time 

it is made. If feasible, counsel shall meet to exchange disclosures required by this order; 

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otherwise, such disclosures shall be served as provided by Fed. R. Civ. P. 5. The parties 

shall promptly file a notice with the Court that the disclosures required under this order 

have taken place.

8. Duty to Supplement. After disclosure is made pursuant to this order, each party is under 

a duty to supplement or correct its disclosures immediately if the party obtains information 

on the basis of which it knows that the information disclosed was either incomplete or 

incorrect when made or is no longer complete or true.

9. Discovery Disputes. 

 (a) Except in cases involving claims of privilege, any party entitled to receive 

disclosures (“Requesting Party”) may, after the deadline for making disclosures, 

serve upon a party required to make disclosures (“Responding Party”) a written 

statement, in letter form or otherwise, of any reason why the Requesting Party 

believes that the Responding Party’s disclosures are insufficient. The written 

statement shall list, by category, the items the Requesting Party contends should be 

produced. The parties shall promptly meet and confer. If the parties are unable to 

resolve their dispute, then the Responding Party shall, within 14 days after service 

of the written statement upon it, serve upon the Requesting Party a written 

statement, in letter form or otherwise, which identifies (1) the requested items that 

will be disclosed, if any, and (2) the reasons why any requested items will not be 

disclosed. The Requesting Party may thereafter file a motion to compel. 

(b) An opposed discovery related motion, or any response thereto, shall not exceed 

seven pages. Attachments to a discovery related motion, or a response thereto, shall 

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not exceed five pages. No further briefing is allowed absent a request or order from 

the Court.

(c) Prior to filing any discovery related motion, the parties must fully comply with the 

substantive and procedural conference requirements of Local Rule CV-7(h) and (i). 

Within 72 hours of the Court setting any discovery motion for a hearing, each 

party’s lead attorney (see Local Rule CV-11(a)) and local counsel shall meet and 

confer in person or by telephone, without the involvement or participation of other 

attorneys, in an effort to resolve the dispute without Court intervention.

(d) Counsel shall promptly notify the Court of the results of that meeting by filing a 

joint report of no more than two pages. Unless excused by the Court, each party’s 

lead attorney shall attend any discovery motion hearing set by the Court (though 

the lead attorney is not required to argue the motion). Any change to a party’s lead 

attorney designation must be accomplished by motion and order.

(e) Counsel are directed to contact the chambers of the undersigned for any “hot-line” 

disputes before contacting the Discovery Hotline provided by Local Rule CV26(e).

10. No excuses. A party is not excused from the requirements of this Discovery Order because 

it has not fully completed its investigation of the case, or because it challenges the 

sufficiency of another party’s disclosures, or because another party has not made its 

disclosures. Absent court order to the contrary, a party is not excused from disclosure 

because there are pending motions to dismiss, to remand, or to change venue.

11. Filings. Only upon request from chambers shall counsel submit to the Court courtesy 

copies of any filings.

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12. Standing Orders. The parties and counsel are charged with notice of and are required to 

fully comply with each of the Standing Orders of this Court. Such are posted on the Court’s 

website http://www.txed.uscourts.gov/?q=judge/chief-district-judge-rodney-gilstrap. The 

substance of some such orders may be included expressly within this Discovery Order, 

while others (including the Court’s Standing Order Regarding Protection of Proprietary 

and/or Confidential Information to Be Presented to the Court During Motion and Trial 

Practice) are incorporated herein by reference. All such standing orders shall be binding on 

the parties and counsel, regardless of whether they are expressly included herein or made 

a part hereof by reference.

So Ordered this

Nov 6, 2023

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APPENDIX A 

PROPOSED DEADLINES FOR DOCKET CONTROL ORDER 

In accordance with the scheduling conference held in this case, it is hereby ORDERED 

that the following schedule of deadlines is in effect until further order of this Court: 

DATE/DEADLINE EVENT

May 5, 2025 Jury Selection – 9:00 a.m. in Marshall, Texas before 

Judge Rodney Gilstrap 

April 21, 2025 Pretrial Conference – 9:00 a.m. in Marshall, Texas 

before Judge Rodney Gilstrap 

April 14, 2025 File Joint Pretrial Order, Joint Proposed Jury 

Instructions and Form of the Verdict, Responses to 

Motions in Limine, Updated Exhibit Lists, Updated 

Witness Lists, and Updated Deposition Designations. 

April 7, 2025 If a juror questionnaire is to be used, an editable (in 

Microsoft Word format) questionnaire shall be jointly 

submitted to the Deputy Clerk in Charge by this date.2

April 7, 2025 File Motions in Limine 

The parties are ordered to meet and confer on their 

respective motions in limine and advise the court of 

any agreements in this regard by 1:00 p.m. three (3) 

business days before the pretrial conference. The 

parties shall limit their motions in limine to those 

issues which, if improperly introduced into the trial of 

the case would be so prejudicial that the court could 

not alleviate the prejudice with appropriate 

instruction(s). 

April 7, 2025 File Notice of Request for Daily Transcript or Real 

Time Reporting. 

If a daily transcript or real time reporting of court 

proceedings is requested for trial, the party or parties 

2

The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in Advance 

of Voir Dire. 

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DATE/DEADLINE EVENT

making said request shall file a notice with the Court 

and email the Official Court Reporter, Shawn 

McRoberts, at shawn_mcroberts@txed.uscourts.gov. 

April 7, 2025 Serve Pretrial Objections 

March 24, 2025 Serve Pretrial Disclosures 

March 24, 2025 Response to Dispositive Motions (including Daubert

Motions).3 Responses to dispositive motions filed 

prior to the dispositive motion deadline, including 

Daubert Motions, shall be due in accordance with 

Local Rule CV-7(e). Motions for Summary Judgment 

shall comply with Local Rule CV-56. 

March 10, 2025 Deadline for Filing Dispositive Motions and any other 

motions that may require a hearing; including 

Daubert motions. 

March 10, 2025 Defendant to Identify and Give Notice of Trial 

Witnesses 

March 3, 2025 Plaintiff to Identify and Give Notice of Trial 

Witnesses 

February 24, 2025 File Response to Amended Pleadings 

February 24, 2025 Mediation to be completed 

February 10, 2025 File Amended Pleadings 

(It is not necessary to file a Motion for Leave to 

Amend before the deadline to amend pleadings. It is 

necessary to file a Motion for Leave to Amend after 

the amended pleadings date set forth herein.) 

3The parties are directed to Local Rule CV-7(d), which provides in part that “[a] party’s failure to oppose a 

motion in the manner prescribed herein creates a presumption that the party does not controvert the facts set out by 

movant and has no evidence to offer in opposition to the motion.” Local Rule CV-7(e) provides that a party opposing 

a motion has 14 days, in addition to any added time permitted under Fed. R. Civ. P. 6(d), in which to serve and file a 

response and any supporting documents, after which the court will consider the submitted motion for decision. 

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DATE/DEADLINE EVENT

February 3, 2025 Discovery Deadline 

January 27, 2025 Deadline to File Motions to Compel Regarding 

Discovery Disputes. 

January 27, 2025 Defendant to designate Expert Witnesses4

Expert witness report due 

Refer to Local Rules for required information

January 13, 2025 Plaintiff to Designate Expert Witnesses5

Expert witness report due 

Refer to Local Rules for required information

January 13, 2025 Privilege Logs to be exchanged by parties (or a letter 

to the Court stating that there are no disputes as to 

claims of privileged documents). 

December 9, 2024 Join Additional Parties 

OTHER LIMITATIONS 

1. All depositions to be read into evidence as part of the parties’ case-in-chief shall 

be EDITED so as to exclude all unnecessary, repetitious, and irrelevant 

testimony; ONLY those portions which are relevant to the issues in controversy 

shall be read into evidence. 

2. The Court will refuse to entertain any motion to compel discovery filed after the date 

of this Order unless the movant advises the Court within the body of the motion 

that counsel for the parties have first conferred in a good faith attempt to resolve 

the matter. See Eastern District of Texas Local Rule CV-7(h). 

3. The following excuses will not warrant a continuance nor justify a failure to comply 

with the discovery deadline: 

(a) The fact that there are motions for summary judgment or motions to dismiss 

pending; 

4

 Plaintiffs who are also Counterclaim Defendants, as well as third-party Counterclaim Defendants, shall 

designate Expert Witnesses specific to such counterclaims at this deadline. 

5 Defendants who are also Counterclaim Plaintiffs shall designate Expert Witnesses specific to such 

counterclaims at this deadline. 

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(b) The fact that one or more of the attorneys is set for trial in another court 

on the same day, unless the other setting was made prior to the date of this 

order or was made as a special provision for the parties in the other case; 

(c) The failure to complete discovery prior to trial, unless the parties can 

demonstrate that it was impossible to complete discovery despite their 

good faith effort to do so. 

4. Mediation shall be attended, in person, by named parties (if an individual) or by 

a fully authorized representative (if not an individual) and by lead counsel. Third 

party insurance carriers who may be obligated to indemnify a named party and/or 

who owe a defense to any party shall also attend mediation, in person, by means 

of a fully authorized representative. Non-compliance with these directives shall 

be considered an intentional failure to mediate in good faith. 

5. Any motion to alter any date on the DCO shall take the form of motion to amend 

the DCO. The motion to amend the DCO shall include a proposed order that lists 

all of the remaining dates in one column (as above) and the proposed changes to 

each date in an additional adjacent column (if there is no change for a date the 

proposed date column should remain blank or indicate that it is unchanged). In 

other words, the DCO in the proposed order should be complete such that one can 

clearly see all the remaining deadlines and the changes, if any, to those deadlines, 

rather than needing to also refer to an earlier version of the DCO. 

6. Lead Counsel: The Parties are directed to Local Rule CV-11(a)(1), which 

provides that “[o]n the first appearance through counsel, each party shall designate 

a lead attorney on the pleadings or otherwise.” Additionally, once designated, a 

party’s lead attorney may only be changed by the filing of a Motion to Change 

Lead Counsel and thereafter obtaining from the Court an Order granting leave to 

designate different lead counsel. 

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APPENDIX B 

STANDARD PROTECTIVE ORDER

The Court, sua sponte, issues this Protective Order to facilitate document disclosure and 

production under the Local Rules of this Court and the Federal Rules of Civil Procedure. Unless 

modified pursuant to the terms contained in this Order, this Order shall remain in effect through 

the conclusion of this litigation.

In support of this order, the Court finds that:

1. Documents or information containing confidential proprietary and business information 

and/or trade secrets (AConfidential Information@) that bear significantly on the parties=

claims or defenses is likely to be disclosed or produced during the course of discovery in 

this litigation;

2. The parties to this litigation may assert that public dissemination and disclosure of 

Confidential Information could severely injure or damage the party disclosing or producing 

the Confidential Information and could place that party at a competitive disadvantage; 

3. Counsel for the party or parties receiving Confidential Information are presently without 

sufficient information to accept the representation(s) made by the party or parties 

producing Confidential Information as to the confidential, proprietary, and/or trade secret 

nature of such Confidential Information; and

4. To protect the respective interests of the parties and to facilitate the progress of disclosure 

and discovery in this case, the following Order should issue:

IT IS THEREFORE ORDERED THAT:

1. Documents or discovery responses containing Confidential Information disclosed or 

produced by any party in this litigation are referred to as AProtected Documents.@ Except 

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as otherwise indicated below, all documents or discovery responses designated by the 

producing party as AConfidential@ and which are disclosed or produced to the attorney=s for 

the other parties to this litigation are Protected Documents and are entitled to confidential 

treatment as described below.

2. Protected Documents shall not include (a) advertising materials, (b) materials that on their 

face show that they have been published to the general public, or (c) documents that have 

submitted to any governmental entity without request for confidential treatment.

3. At any time after the delivery of Protected Documents, counsel for the party or parties 

receiving the Protected Documents may challenge the Confidential designation of all or 

any portion thereof by providing written notice thereof to counsel for the party disclosing 

or producing the Protected Documents. If the parties are unable to agree as to whether the 

confidential designation of discovery material is appropriate, the party or parties receiving 

the Protected Documents shall certify to the Court that the parties cannot reach an 

agreement as to the confidential nature of all or a portion of the Protected Documents. 

Thereafter, the party or parties disclosing or producing the Protected Documents shall have 

ten (10) days from the date of certification to file a motion for protective order with regard 

to any Protected Documents in dispute. The party or parties producing the Protected 

Documents shall have the burden of establishing that the disputed Protected Documents 

are entitled to confidential treatment. If the party or parties producing the Protected 

Documents do not timely file a motion for protective order, then the Protected Documents 

in dispute shall no longer be subject to confidential treatment as provided in this Order. 

All Protected Documents are entitled to confidential treatment pursuant to the terms of this 

Order until and unless the parties formally agree in writing to the contrary, a party fails to 

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timely move for a protective order, or a contrary determination is made by the Court as to 

whether all or a portion of a Protected Document is entitled to confidential treatment.

4. Confidential Treatment. Protected Documents and any information contained therein shall 

not be used or shown, disseminated, copied, or in any way communicated to anyone for 

any purpose whatsoever, except as provided for below.

5. Protected Documents and any information contained therein shall be disclosed only to the 

following persons (AQualified Persons@):

(a) Counsel of record in this action for the party or party receiving Protected 

Documents or any information contained therein; 

(b) Employees of such counsel (excluding or including) experts and investigators) 

assigned to and necessary to assist such counsel in the preparation and trial of this 

action; and 

(c) the Court. 

Protected Documents and any information contained therein shall be used solely for the 

prosecution of this litigation.

6. Counsel of record for the party or parties receiving Protected Documents may create an 

index of the Protected Documents and furnish it to attorneys of record representing or 

having represented parties involved in litigation involving the claims alleged in this suit 

against the party or parties disclosing or producing the Protected Documents. The index 

may only identify the document, date, author, and general subject matter of any Protected 

Document, but may not reveal the substance of any such document. Counsel for the party 

or parties receiving Protected Documents shall maintain a current log of the names and 

addresses of persons to whom the index was furnished.

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7. The term Acopy@ as used herein means any photographic, mechanical or computerized copy 

or reproduction of any document or thing, or any verbatim transcript, in whole or in part, 

of such document or thing.

8. To the extent that Protected Documents or information contained therein are used in 

depositions, at hearings, or at trial, such documents or information shall remain subject to 

the provisions of this Order, along with the transcript pages of the deposition testimony 

and/or trial testimony referring to the Protected Documents or information contained 

therein.

9. Any court reporter or transcriber who reports or transcribes testimony in this action shall 

agree that all Aconfidential@ information designated as such under this Order shall remain 

Aconfidential@ and shall not be disclosed by them, except pursuant to the terms of this Order, 

and that any notes or transcriptions of such testimony (and any accompanying exhibits) 

will be retained by the reporter or delivered to counsel of record.

10. Inadvertent or unintentional production of documents or information containing 

Confidential Information which are not designated Aconfidential@ shall not be deemed a 

waiver in whole or in part of a claim for confidential treatment.

11. The party or parties receiving Protected Documents shall not under any circumstances sell, 

offer for sale, advertise, or publicize Protected Documents or any information contained 

therein.

12. After termination of this litigation, the provisions of this Order shall continue to be binding, 

except with respect to those documents and information that become a matter of public 

record. This Court retains and shall have continuing jurisdiction over the parties and 

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recipients of the Protected Documents for enforcement of the provisions of this Order 

following termination of this litigation.

13. Upon termination of this action by dismissal, judgment, or settlement, counsel for the party 

or parties receiving Protected Documents shall return the Protected Documents to the 

counsel for the party or parties disclosing or producing the Protected Documents. The 

party or parties receiving the Protected Documents shall keep their attorney work product 

which refers or relates to any Protected Documents. Attorney work product may be used 

in subsequent litigation provided that such use does not disclose Protected Documents or 

any information contained therein.

14. This Order shall be binding upon the parties and their attorneys, successors, executors, 

personal representatives, administrators, heirs, legal representatives, assigns, subsidiaries, 

divisions, employees, agents, independent contractors, or other persons or organizations 

over which they have control.

15. The Court anticipates and encourages the parties to file a motion to modify the terms hereof 

with respect to the sharing of Protected Documents with experts and consultants; shifting 

the cost burden of production equitably; and other terms that may be reasonably required 

to protect a party as provided in Rule 26(b) or (c) of the Federal Rules of Civil Procedure.

 IT IS SO ORDERED AND SIGNED this _______ day of , 2021. 

 

______________________________________ 

RODNEY GILSTRAP 

UNITED STATES DISTRICT JUDGE

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