IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION

JOSEPH BOND, on behalf of himself and 

others similarly situated,

 Plaintiff,

VS.

FOLSOM INSURANCE AGENCY LLC, 

CODY FOLSOM, and BERKSHIRE 

HATHAWAY HOMESTATE COMPANIES,

 Defendants.

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 CIVIL ACTION NO. 1:24-CV-00075

 JUDGE MICHAEL J. TRUNCALE

ORDER SETTING CIVIL ACTION FOR RULE 16 MANAGEMENT CONFERENCE

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

1. Rule 26(f) Attorney Conference on or before August 26, 2024.

2. Complete initial mandatory disclosures required by this Order: 10 days after deadline for 

Rule 26(f) Attorney Conference.

3. File joint report of attorney conference: 14 days after deadline for Rule 26(f) Attorney 

Conference. 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 Case Management Conference on September 17, 2024 at 

11:00 AM in Room 221, Jack Brooks Federal Building, 300 Willow Street, Beaumont, 

Texas. 

Lead counsel for each party, with authority to bind their respective clients, and all 

unrepresented parties, shall be present.1 Continuance of the Management Conference will not 

be allowed absent a showing of good cause.2

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 (see below). The conference may be by telephone. 

1 Local counsel may appear in lieu of lead counsel so long as local counsel has sufficient knowledge of the facts and has 

authority to bind the client.

2 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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Before commencing the Rule 26(f) Attorney 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 (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.

INITIAL MANDATORY DISCLOSURES3

Initial Mandatory Disclosures pursuant to Rule 26(a)(1) shall be completed not later than ten days after 

the deadline for the Rule 26 Attorney Conference and shall include the following: 

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

2. The name and, if known, the 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 a 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 that two lists are not needed.

4. The records or the authorizations described in Local Rule CV-34.

5. A copy of all other documents, electronically stored information, witness statements, and tangible 

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

defense of any party. This may be combined with disclosures under Rule 26(a)(1)(A)(ii) so that 

duplication is avoided. Parties are encouraged to agree upon provision of information by electronic 

means.

See Local Rule CV-26(d) for 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. 

Early Rule 34 requests may be delivered in compliance with Rule 26(d)(2). See Fed. R. Civ. P. 

26(d)(2). But these requests are not considered served until the Rule 26(f) Attorney Conference has occurred. 

All other discovery shall not commence until the Rule 26(f) Attorney Conference, (see Fed. R. Civ. P. 26(d), 

34) except that depositions may be taken by agreement, and Initial Mandatory Disclosure shall occur, before 

the Rule 16 Management Conference, so that counsel is in a position to intelligently discuss additional 

required discovery, and scheduling of the case. Following the Rule 16 Management Conference, the court 

will enter a Scheduling Order setting deadline controlling disposition of the case. 

3 The Court directs all Defendants alleging qualified immunity to Carswell v. Camp, 37 F.4th 1062 (5th Cir. 2022). This 

recent case impacts discovery, including initial disclosures. You are still expected to attend the case management 

conference. There, the Court will consider building in additional time when setting your Scheduling Order to accommodate 

delayed discovery.

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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. 

These procedures should allow witnesses to be efficiently deposed, experts to be timely identified 

and prepared to testify, and any follow-up paper discovery to be completed by the deadline set for completion 

of discovery. The court expects that, in most cases, after reading the pleadings and reviewing the opposing 

party’s initial disclosures an attorney should be alerted to any remaining information that should have been 

disclosed. A frank discussion of the issues and discovery during the Rule 26 Attorney Conference should 

inform counsel about the information that will be provided by agreement and whether there are disputes that 

should be brought before the court at the Rule 16 Management Conference. A party asserting that any 

information is confidential should immediately apply to the court for entry of a Protective Order. Unless a 

request is made for modification, the court will use its standard Protective Order, found on ED Texas website 

at Judges / Judge Michael Truncale / Standard Forms.

JOINT CONFERENCE REPORT

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

completed.

4. Proposed Scheduling Order deadlines. Appendix 1 has the standard deadlines. Explain any 

deviations from 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.

5. If the parties agree that mediation is appropriate, and the parties can agree upon a mediator, 

the name, address, and phone number of that mediator, and a proposed deadline should be 

stated. An early date is encouraged to reduce expenses. The court may appoint a mediator 

upon request.

6. What changes, if any, should be made to the limitations on discovery imposed by the 

rules, including number of depositions and interrogatories.

7. The identity of persons expected to be deposed.

8. Any issues relating to disclosure or discovery of electronically stored information, including 

the form or forms in which it should be produced.

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9. Any agreements or disputes relating to asserting claims of privilege or preserving 

discoverable information, including electronically stored information and any agreements 

reached under Federal Rule of Evidence 502.

10. Whether any other orders should be entered by the court pursuant to Federal Rule of Civil 

Procedure 26(c) or 16(b), (c).

11. The expected length of trial and whether it will be to a jury or the bench.

12. 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).

13. Any other matters that counsel deem appropriate for inclusion in the Joint Conference Report. 

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. 

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. 

____________________________

Michael J. Truncale

United States District Judge SIGNED this 7th day of August, 2024.

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APPENDIX 1

PROPOSED SCHEDULING ORDER DEADLINES

The following actions shall be completed by the date indicated.4 The dates indicated are the standard 

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

 Deadline for Motions to Transfer.

(1 week after mgmt. conf.)

 Deadline to add parties without leave of court.

(6 weeks after mgmt. conf.)

 Deadline to complete Phase I discovery related solely to certification.

(16 weeks after mgmt. conf.)

 Deadline to file Motion to Certify Class.

(8 weeks after deadline to

complete Phase I discovery)

 If applicable, deadline for defendant(s) to produce the class list to

(2 weeks after Court rules on plaintiffs.

certification motion)

 Deadline for plaintiff(s) to send notice to potential class members.

(2 weeks after plaintiff(s) receive

class list from defendant(s))

 Deadline to opt in. Any plaintiff wishing to join this collective action

(90 days after initial class notice must file their Consent to Join Collective Action form by this date.

is sent)

 Deadline for plaintiff(s) to file amended pleadings. A motion for 

(4 weeks after close of opt-in leave to amend is not necessary.

period)

 Deadline for defendant(s) to file amended pleadings. A motion for 

(6 weeks after close of opt-in leave to amend is not necessary. 

period)

 Deadline to mediate case.

 Deadline to designate expert witnesses and reports on issues for 

(12 weeks after close of opt-in which the party bears the burden of proof, pursuant to Federal Rule

period) of Civil Procedure 26(a)(2) and Local Rule CV-26(b).

4 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 federal court business day following the deadline imposed.

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 Deadline to designate expert witnesses and reports on issues for 

(18 weeks after close of opt-in which the party does not bear the burden of proof, pursuant to Federal

period) Rule of Civil Procedure 26(a)(2) and Local Rule CV-26(b). 

7 weeks after disclosure Deadline to object to any other party’s expert witnesses.

of an expert is made Objections 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. The court will not accept objections 

to experts filed in any form—i.e., Motions in Limine—after this 

date.5

Expert reports should include the categories of information set out 

in Federal Rule of Civil Procedure 26(a)(2)(B)(i)-(vi) and 

26(a)(2)(C)(i)-(ii). Challenges to expert reports include those set out 

in Federal Rule of Evidence 702(a)-(d) and 703. 

 Deadline for Motions to Dismiss, Motions for Summary Judgment, 

(20 weeks after close of opt-in or other dispositive motions.

period)

 All discovery shall be commenced in time to be completed by this 

(24 weeks after close of opt-in date.

period)

 Notice of intent to offer certified records.

(9 weeks before Final Pretrial)

 Counsel and unrepresented parties are each responsible for (8 weeks 

(8 weeks before Final Pretrial) 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).

To avoid the cost of designating deposition extracts and objecting to 

same, counsel shall discuss witnesses who have to be presented by 

deposition. Counsel should agree on a list of witnesses whom each 

counsel will subpoena, or if beyond the subpoena range (see Federal 

Rule of Civil Procedure 45), whom each counsel will arrange to 

have present at trial.

 For witnesses who are not going to be called live, oral, and video

(4 weeks before Final Pretrial) deposition designations 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 

5 This requirement has two goals: (1) to encourage early disclosure of experts so that if one is struck, the party will have time 

to find another; and (2) to avoid the gamesmanship that has become common as parties attempt to disqualify experts with a 

Motion in Limine thus distracting opponents during final trial preparations and perhaps even blocking testimony required to 

establish a claim or defense.

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objections and requesting line and page numbers to be offered. 

Counsel must consult on any objections, and only those which 

cannot be resolved shall be presented to the court.6

 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. (Designations 

are not to be made for witnesses who will appear live, nor for 

impeachment on cross-examination.) 

File unresolved objections to oral and video deposition extracts. 

(2 weeks before Final Pretrial) 

Motions in Limine due. 

(3 weeks before Final Pretrial) Deadline to file Joint Final Pretrial Order. (Obtain form for Exhibit 

List from Eastern District’s website.)

Response to Motions in Limine due.7

(2 weeks before Final Pretrial) File Proposed Jury Instructions/Verdict Form (or Proposed Findings 

of Fact and Conclusions of Law). 

Date will be set by court. If numerous objections are filed the court may set a hearing 

Usually within 10 days prior to consider all pending motions and objections. 

to Final Pretrial. 

9:00 AM - Final Pretrial Conference in Courtroom 2, Jack Brooks 

Federal Courthouse, 300 Willow Street, Beaumont, Texas. Date 

parties should be prepared to try case. Provide court with two copies 

of Exhibit List, using form from District Clerk’s Office. Absent 

agreement of the parties, this should not have exhibits which were not 

listed in the Final Pretrial Order.

9:00 AM - Jury Selection and Trial in Courtroom 2, Jack Brooks 

Federal Courthouse, 300 Willow Street, Beaumont, Texas.

6 Opposing counsel shall confer to determine whether objections can be resolved without a court ruling. The court needs a 

copy of the pertinent deposition to rule on any objection.

7 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 issues which are resolved.

02/26/2026

03/02/2026

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