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 

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

v. § 

 § 

AETNA LIFE INSURANCE COMPANY § 

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 

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 

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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 

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 

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

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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 

to Dkt. No. 7. 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;

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 (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 

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 

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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.

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 

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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; 

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 

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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 

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).

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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.

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.

.

____________________________________

RODNEY GILSTRAP

UNITED STATES DISTRICT JUDGE So ORDERED and SIGNED this 13th day of December, 2023.

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