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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

TYLER DIVISION

Civil Action No. 6:23-cv-00609 (JDK)

[PROPOSED] 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 the 

disposition of this case:

May 31, 2024 Parties file joint report of attorney conference

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

No later than June 20, 2024 Parties begin meet and confer over any discovery disputes 

regarding Defendants’ written responses and objections to the 

RFPs and Interrogatories; Parties will confer and, if needed,

provide joint statement to Court on unresolved discovery 

disputes within one week of completing conferral process

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, 

or amongst agency litigation counsel discussing matters 

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

September 1, 2024, or 30 

days before Defendants 

complete production of 

documents responsive to 

Answer due

THE DAILY WIRE, LLC et al.,

Plaintiffs

v.

UNITED STATES DEPARTMENT

OF STATE et al.,

Defendants.

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Expedited RFPs, whichever 

is later

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

produced

Within 10 days after 

Defendants complete 

production of documents 

responsive to Expedited 

RFPs

Parties begin meet and confer over any discovery disputes 

regarding Defendants’ expedited document production; 

Parties will confer and, if needed, provide joint statement to 

Court on unresolved discovery disputes within one week of 

completing conferral process

Within 10 days after 

Defendants complete 

production of documents 

responsive to Expedited 

RFPs

Plaintiffs provide Defendants notice of intent to seek 

depositions or additional third-party subpoenas for 

preliminary injunction

Within 17 days after 

Defendants complete 

production of documents 

responsive to Expedited 

RFPs

Parties begin meet and confer regarding Plaintiffs’ notice of 

intent to seek depositions or additional third-party subpoenas 

for preliminary injunction; Parties will confer and, if needed,

submit separate statements to Court

TBD by Court If needed, Court decision on depositions, additional thirdparty subpoenas, or other outstanding preliminary injunction 

discovery disputes

Within 10 days after 

agreement or order

regarding Plaintiffs’ notice 

seeking expedited 

depositions and additional 

subpoenas

Plaintiffs serve additional third-party subpoenas, if needed

Within 30 days after

agreement or order

regarding Plaintiffs’ notice 

seeking expedited 

depositions and additional 

subpoenas

Preliminary injunction depositions completed, if needed

21 days after preliminary 

injunction depositions

Plaintiffs’ supplemental memorandum in support of 

preliminary injunction due

21 days after Supplemental 

Memorandum

Defendants’ supplemental response due

7 days after Supplemental 

Response

Plaintiffs’ supplemental reply due

Within 30 days after 

Completion of 

Supplemental Preliminary 

Injunction Briefing

Parties confer regarding completion of Rule 26 and ThirdParty discovery, including potential need for periodic status 

conferences, whether the anticipated six months from 

Preliminary Injunction ruling is adequate for completing 

discovery, and whether the limits on discovery need to be 

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adjusted; Parties will also confer as needed if Plaintiffs 

propose to amend complaint

45 days after Completion of

Supplemental Preliminary 

Injunction Briefing

Deadline for Plaintiffs to file amended pleadings (assuming 

Defendants’ consent or leave of court is given)

TBD Hearing on motion for preliminary injunction

TBD Ruling on motion for preliminary injunction

6 months after Ruling on 

Preliminary Injunction

Fact discovery completed

14 days after Completion of 

Fact Discovery

Deadline for Plaintiffs’ case-in-chief expert reports and 

disclosures pursuant to Federal Rules of Civil Procedure 

26(a)(2)(B) and 26(a)(2)(C). 

75 days after Completion of 

Fact Discovery

Deadline for Defendants’ rebuttal or case-in-chief expert 

reports and disclosures pursuant to Federal Rules of Civil 

Procedure 26(a)(2)(B) and 26(a)(2)(C). 

105 days after Completion 

of Fact Discovery

Deadline for Plaintiffs’ rebuttal expert report and disclosures, 

if any.

135 days after Completion 

of Fact Discovery

Expert discovery completed

No later than 30 days after 

Completion of Expert 

Discovery

Deadline for Plaintiffs’ motion for summary

judgment or other dispositive motions, if any

No later than 60 days after 

Completion of Expert 

Discovery

Deadline for Defendants’ response to Plaintiffs’ dispositive 

motion(s) and for Defendants’ motion for summary

judgment or other dispositive motions, if any

No later than 90 days after 

Completion of Expert 

Discovery

Deadline for Plaintiffs’ summary judgment reply and 

response to Defendants’ dispositive motion(s)

No later than 120 days after 

Completion of Expert 

Discovery

Deadline for Defendants’ summary judgment reply

TBD Summary Judgment Hearing or Evidentiary Bench Trial

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). 

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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. 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.

IV. 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).

V. 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.

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