No. 08-14-00140-CV 

IN THE 

EIGHTH JUDICIAL DISTRICT COURT OF APPEALS 

EL PASO, TEXAS 

GUADALUPE CORONEL, INDIVIDUALLY AND AS REPRESENTATIVE 

OF THE ESTATE OF VERONICA CORONEL, DECEASED 

APPELLANT, 

v. 

PROVIDENCE IMAGING CONSULTANTS, P.A. AND SCOTT BLUMENFELD, M.D. 

APPELLEES. 

Appealed from the 34thJudicial District Court 

Of El Paso County, Texas 

APPELLEES' MOTION TO VACATE THE SEPTEMBER 17, 2015 

ORAL ARGUMENT SETTING 

RAY, MCCHRISTIAN & JEANS, P.C. 

5822 Cromo Drive 

El Paso, Texas 79912 

(915) 832-7200 

(915) 832-7333 Fax 

DAVID S. JEANS 

State Bar No. 10597400 

e-mail: &cans cv--: -.corn 

ROBERT D. DINSMOOR 

State Bar No. 05888250 

e-mail: rdinsmoor((irrnjfirm.com 

Attorneys for Appellees 

No. 08-14-00140-CV 

IN THE 

EIGHTH JUDICIAL DISTRICT COURT OF APPEALS 

EL PASO, TEXAS 

GUADALUPE CORONEL, INDIVIDUALLY AND AS REPRESENTATIVE 

OF THE ESTATE OF VERONICA CORONEL, DECEASED 

APPELLANT, 

v. 

PROVIDENCE IMAGING CONSULTANTS, P.A. AND SCOTT BLUMENFELD, M.D. 

APPELLEES. 

Appealed from the 34thJudicial District Court 

Of El Paso County, Texas 

APPELLEES' MOTION TO VACATE THE SEPTEMBER 17, 2015 

ORAL ARGUMENT SETTING 

RAY, MCCHRISTIAN & JEANS, P.C. 

5822 Cromo Drive 

El Paso, Texas 79912 

(915) 832-7200 

(915) 832-7333 Fax 

DAVID S. JEANS ROBERT D. DINSMOOR 

State Bar No. 10597400 State Bar No. 05888250 

e-mail: ci. rmjfirm.com e-mail: rdinsmooKiTrnjfirm.com 

Attorneys for Appellees 

08-14-00140-CV

ACCEPTED

08-14-00140-CV

EIGHTH COURT OF APPEALS

EL PASO, TEXAS

7/23/2015 10:40:33 AM

DENISE PACHECO

CLERK

 FILED IN 8th COURT OF APPEALS EL PASO, TEXAS 7/23/2015 10:40:33 AM DENISE PACHECO Clerk
TO THE HONORABLE JUSTICES OF THE EIGHTH COURT OF APPEALS: 

On July 17, 2015 this Court issued notice setting the above styled and 

numbered cause for oral argument on September 17, 2015 at 1:00 p.m.. See 

Exhibit "A" attached hereto. Both counsel for Appellees— i.e. David S. Jeans and 

Robert D. Dinsmoor— have previously been scheduled for trial in the United States 

District Court, Western District of Texas, before the Honorable Frank Montalvo in 

the case of Three Legged Monkey, L.P. v. The City of El Paso, Texas et. al. Cause 

No. 3:14-CV-00260-FM wherein David S. Jeans and Robert D. Dinsmoor 

represent The City of El Paso, Texas and the individually named city defendants 

(in their representative capacities) in that case. Judge Montalvo has previously set 

that case for jury trial with trial scheduled to begin at 1:00 p.m. on September 14, 

2015. A copy of that order is attached as Exhibit "B". It is anticipated the trial 

will last at least through the week of September 14, 2015. This motion to vacate is 

timely filed within the ten day period set forth in this Court's September 17, 2015 

notice setting oral argument. The facts set forth in this motion are within the 

personal knowledge of the undersigned attorney. See T.R.A.P. Rule 10.2(c). 

PRAYER 

Wherefore, because of the unavailability of counsel for Appellees for the 

scheduled September 17, 2015 oral argument in the above styled and numbered 

RMJ No. 511.404 1M 440464 Page 2 

TO THE HONORABLE JUSTICES OF THE EIGHTH COURT OF APPEALS: 

On July 17, 2015 this Court issued notice setting the above styled and 

numbered cause for oral argument on September 17, 2015 at 1:00 p.m.. See 

Exhibit "A" attached hereto. Both counsel for Appellees— i.e. David S. Jeans and 

Robert D. Dinsmoor— have previously been scheduled for trial in the United States 

District Court, Western District of Texas, before the Honorable Frank Montalvo in 

the case of Three Legged Monkey, L.P. v. The City of El Paso, Texas et. al. Cause 

No. 3:14-CV-00260-FM wherein David S. Jeans and Robert D. Dinsmoor 

represent The City of El Paso, Texas and the individually named city defendants 

(in their representative capacities) in that case. Judge Montalvo has previously set 

that case for jury trial with trial scheduled to begin at 1:00 p.m. on September 14, 

2015. A copy of that order is attached as Exhibit "B". It is anticipated the trial 

will last at least through the week of September 14, 2015. This motion to vacate is 

timely filed within the ten day period set forth in this Court's September 17, 2015 

notice setting oral argument. The facts set forth in this motion are within the 

personal knowledge of the undersigned attorney. See T.R.A.P. Rule 10.2(c). 

PRAYER 

Wherefore, because of the unavailability of counsel for Appellees for the 

scheduled September 17, 2015 oral argument in the above styled and numbered 

RMJ No. 511.404 1M 440464 Page 2 
cause, Appellees pray that this Court vacate the September 17, 2015 oral argument 

setting and re-schedule the oral argument for a later date. 

CERTIFICATE OF CONFERENCE 

The undersigned hereby certifies that he has conferred with Alfonso 

Melendez, counsel for Appellant, and that Appellant's counsel does not oppose 

this motion. 

Date: July 23, 2015 Respectfully submitted, 

/s/Robert D. Dinsmoor 

State Bar No. 05888250 

e-mail: - 

Counsel for Appellees 

CERTIFICATE OF SERVICE 

Pursuant to Texas Rule of Appellate Procedure 9.5, I certify that on the above 

date a true and correct copy of the foregoing document was electronically 

filed and served via the court's electronic service— as well as being sent by email— to Alfonso L. Melendez, 11335 Pellicano Dr. El Paso, TX. 79936 (email address: alforiso almfirm.com)— Attorney for Appellant. 

/s/Robert D. Dinsmoor 

State Bar No. 05888250 

e-mail: rdinsmoor urm .com 

Counsel for Appellees 

RMJ No. 511.404 1M 440464 Page 3 

cause, Appellees pray that this Court vacate the September 17, 2015 oral argument 

setting and re-schedule the oral argument for a later date. 

CERTIFICATE OF CONFERENCE 

The undersigned hereby certifies that he has conferred with Alfonso 

Melendez, counsel for Appellant, and that Appellant's counsel does not oppose 

this motion. 

Date: July 23, 2015 Respectfully submitted, 

/s/Robert D. Dinsmoor 

State Bar No. 05888250 

e-mail: - 

Counsel for Appellees 

CERTIFICATE OF SERVICE 

Pursuant to Texas Rule of Appellate Procedure 9.5, I certify that on the above 

date a true and correct copy of the foregoing document was electronically 

filed and served via the court's electronic service— as well as being sent by email— to Alfonso L. Melendez, 11335 Pellicano Dr. El Paso, TX. 79936 (email address: alforiso almfirm.com)— Attorney for Appellant. 

/s/Robert D. Dinsmoor 

State Bar No. 05888250 

e-mail: rdinsmoor urm .com 

Counsel for Appellees 

RMJ No. 511.404 1M 440464 Page 3 
EXHIBIT "A" 

RMJ No. 511.404 1M 440464 Page 4 
CHIEF JUSTICE 

Arm Crawford McClure 

JUSTICES 

Yvonne T. Rodriguez 

Steven L. Hughes 

COURT OF APPEALS 

EIGHTH DISTRICT OF TEXAS 

EL PASO COUNTY COURTHOUSE 

500 E. SAN ANTONIO AVE., SUITE 1203 

EL Paso, TEXAS 79901-2408 

(915) 546-2240 FAX (915) 546-2252 

E-MAIL: CLERICa8THCOA.TXCOURTS.GOV 

CLERK 

Denise Pacheco 

Hon. Alfonso L. Melendez 

Attorney at Law 

11335 Pellicano 

El Paso, TX 79936 

* DELIVERED VIA E-MAIL * 

July 17, 2015 

Hon. David S. Jeans 

Ray, Valdez, McChristian & Jeans 

5822 Cromo, Suite 400 

El Paso, TX 79912 

* DELIVERED VIA E-MAIL * 

: Court of Appeals Number: 08-14-00140-CV 

Trial Court Case Number: 2014DCV0904 

Style: Guadalupe C. Coronel, Individually and as Representative of the Estate of Veronica 

Coronel, Deceased 

v. 

Providence Imaging Consultants, P. A., and Scott Blumenfeld, M. D. 

1Please take notice that the above captioned cause has been set for submission with oral 

argument for September 17, 2015, at 1:00 p.m., in THE COURTROOM OF THE EIGHTH 

COURT OF APPEALS, 500 E. SAN ANTONIO, EL PASO COUNTY COURTHOUSE, 

SUITE 1203, EL PASO, TEXAS. 

If the case is settled or will not be argued for any reason, the clerk shall be notified at 

once so that the court can maintain a full docket of cases to be argued. Any motion to vacate 

should be filed within 10 days of this notice. 

ARGUMENTS ARE LIMITED TO TWENTY MINUTES EACH SIDE, WITH 

TEN MINUTES ADDITIONAL REBUTTAL FOR APPELLANT(S). LEAVE OF 

COURT MUST BE OBTAINED FOR ADDITIONAL TIME. 

The above case is scheduled to be heard before Chief Justice McClure, Justice Rodriguez 

and Justice Hughes. Panel is subject to change. 

PLEASE ACKNOWLEDGE RECEIPT OF THIS SUBMISSION NOTICE by 

clicking the link below and completing he Oral Argument Acknowledgement Foi in. Once the 

form has been completed the same must he filed with this Court through the approved electronic 

filing system. http://www%txcourts1::)% )95/oa ackfonmpdf 

Respectfully yours, 

DENISE PACHECO, CLERK 

CHIEF JUSTICE 

Arm Crawford McClure 

JUSTICES 

Yvonne T. Rodriguez 

Steven L. Hughes 

COURT OF APPEALS 

EIGHTH DISTRICT OF TEXAS 

EL PASO COUNTY COURTHOUSE 

500 E. SAN ANTONIO AVE., SUITE 1203 

EL Paso, TEXAS 79901-2408 

(915) 546-2240 FAX (915) 546-2252 

E-MAIL: CLERICa8THCOA.TXCOURTS.GOV 

CLERK 

Denise Pacheco 

Hon. Alfonso L. Melendez 

Attorney at Law 

11335 Pellicano 

El Paso, TX 79936 

* DELIVERED VIA E-MAIL * 

July 17, 2015 

Hon. David S. Jeans 

Ray, Valdez, McChristian & Jeans 

5822 Cromo, Suite 400 

El Paso, TX 79912 

* DELIVERED VIA E-MAIL * 

: Court of Appeals Number: 08-14-00140-CV 

Trial Court Case Number: 2014DCV0904 

Style: Guadalupe C. Coronel, Individually and as Representative of the Estate of Veronica 

Coronel, Deceased 

v. 

Providence Imaging Consultants, P. A., and Scott Blumenfeld, M. D. 

1Please take notice that the above captioned cause has been set for submission with oral 

argument for September 17, 2015, at 1:00 p.m., in THE COURTROOM OF THE EIGHTH 

COURT OF APPEALS, 500 E. SAN ANTONIO, EL PASO COUNTY COURTHOUSE, 

SUITE 1203, EL PASO, TEXAS. 

If the case is settled or will not be argued for any reason, the clerk shall be notified at 

once so that the court can maintain a full docket of cases to be argued. Any motion to vacate 

should be filed within 10 days of this notice. 

ARGUMENTS ARE LIMITED TO TWENTY MINUTES EACH SIDE, WITH 

TEN MINUTES ADDITIONAL REBUTTAL FOR APPELLANT(S). LEAVE OF 

COURT MUST BE OBTAINED FOR ADDITIONAL TIME. 

The above case is scheduled to be heard before Chief Justice McClure, Justice Rodriguez 

and Justice Hughes. Panel is subject to change. 

PLEASE ACKNOWLEDGE RECEIPT OF THIS SUBMISSION NOTICE by 

clicking the link below and completing he Oral Argument Acknowledgement Foi in. Once the 

form has been completed the same must he filed with this Court through the approved electronic 

filing system. http://www%txcourts1::)% )95/oa ackfonmpdf 

Respectfully yours, 

DENISE PACHECO, CLERK 
EXHIBIT "B" 

RMJ No. 511.404 IM 440464 Page 5 
Case 3:14-cv-00260-FM Document 21 Filed 10/14/14 Page 1 of 4 

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

EL PASO DIVISION 

THREE LEGGED MONKEY, LP; 

3LM, LLC; and JAMES MICHAEL 

ARMSTRONG, 

Plaintiffs, 

v. EP-14-CV-00260-FM 

CITY OF EL PASO, TEXAS; DAVID 

BRANDT, individually and as Trustee and 

General Partner of Hawkins Plaza; 

PATRIOT PLACE LTD; EMMA 

ACOSTA, in her official and individual 

capacity as City Representative for 

District Three of El Paso, Texas and as a 

private individual; JOYCE WILSON, in 

her official and individual capacity as City 

Manager of El Paso, Texas and as a 

private citizen; STEVE ORTEGA, in his 

official and individual capacity as City 

Representative for District Seven of El 

Paso, Texas; SUSANNAH M. BYRD, in 

her official and individual capacity as City 

Representative of District Two of El Paso, 

Texas; EL PASO INTERNATIONAL 

AIRPORT; ANN MORGAN LILLY, in 

her official and individual capacity as 

Representative for District One of El Paso, 

Texas and as a private citizen, 

Defendants. 

SCHEDULING ORDER 

The court has considered the appearing parties' recommendations for scheduling deadlines in 

the above numbered and styled cause and issues the following Scheduling Order: 

1. The parties shall advise the court whether or not they consent to trial by a United States 

Magistrate Judge no later than November 14, 2014. 

Pursuant to 28 U.S.C. § 636(c)(1), all full-time Magistrate Judges are authorized and 

empowered to try any civil case, jury or non-jury, with the consent of all parties to the lawsuit. Your 

consent to trial by a Magistrate Judge must be voluntary, and you are free to withhold your consent 

Case 3:14-cv-00260-FM Doct ent 21 Filed 10/14114 Page 1 of 4 

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

EL PASO DIVISION 

THREE LEGGED MONKEY, LP; 

3LM, LLC; and JAMES MICHAEL 

ARMSTRONG, 

Plaintiffs, 

v. EP-14-CV-00260-FM 

CITY OF EL PASO, TEXAS; DAVID 

BRANDT, individually and as Trustee and 

General Partner of Hawkins Plaza; 

PATRIOT PLACE LTD; EMMA 

ACOSTA, in her official and individual 

capacity as City Representative for 

District Three of El Paso, Texas and as a 

private individual; JOYCE WILSON, in 

her official and individual capacity as City 

Manager of El Paso, Texas and as a 

private citizen; STEVE ORTEGA, in his 

official and individual capacity as City 

Representative for District Seven of El 

Paso, Texas; SUSANNAH M. BYRD, in 

her official and individual capacity as City 

Representative of District Two of El Paso, 

Texas; EL PASO INTERNATIONAL 

AIRPORT; ANN MORGAN LILLY, in 

her official and individual capacity as 

Representative for District One of El Paso, 

Texas and as a private citizen, 

Defendants. 

SCHEDULING ORDER 

The court has considered the appearing parties' recommendations for scheduling deadlines in 

the above numbered and styled cause and issues the following Scheduling Order: 

1. The parties shall advise the court whether or not they consent to trial by a United States 

Magistrate Judge no later than November 14, 2014. 

Pursuant to 28 U.S.C. § 636(c)(1), all full-time Magistrate Judges are authorized and 

empowered to try any civil case, jury or non-jury, with the consent of all parties to the lawsuit. Your 

consent to trial by a Magistrate Judge must be voluntary, and you are free to withhold your consent 
Case 3:14-cv-00260-FM Document 21 Filed 10/14/14 Page 2 of 4 

without suffering any adverse consequences. If all parties consent to trial of this case by a 

Magistrate Judge, this court will enter an order referring the case to a Magistrate Judge for trial and 

entry of judgment. If the case has already been referred to a Magistrate Judge for pretrial matters 

and the parties consent to a trial before a Magistrate Judge, the trial will be before the Magistrate 

Judge already assigned to the case. 

2. The parties asserting claims for relief shall submit a written offer of settlement to 

opposing parties no later than January 9, 2015. Each opposing party shall respond, in writing, on 

or before February 6, 2015. 

3. The parties shall file all motions to amend or supplement pleadings or to join additional 

parties no later than December 5, 2014. 

4. All parties asserting claims for relief shall FILE their designation of potential witnesses, 

designation of testifying experts, and list of proposed exhibits, and shall SERVE on all parties, but 

not file, the materials required by FED. R. Civ. P. 26(a)(2)(B) on or before January 16, 2015. Parties 

resisting claims for relief shall FILE their designation of potential witnesses, designation of 

testifying experts, and a list of proposed exhibits, and shall SERVE on all parties, but not file, the 

materials required by FED. R. Civ. P. 26(a)(2)(B) on or before January 29, 2015. All designations of 

rebuttal experts shall be filed within 30 days of receipt of the report of the opposing expert. 

5. The parties shall complete discovery on or before April 14, 2015. Counsel may, by 

agreement, continue discovery beyond the deadline, but there will be no intervention by the court 

except in extraordinary circumstances. No trial date will be vacated because of information obtained 

in post-deadline discovery. 

6. ADR is mandatory. ADR must be completed no later than May 14, 2015. The parties 

shall FILE a report on alternative dispute resolution in compliance with Local Rule CV-88 no later 

than 20 days after the alternative dispute resolution deadline. 

7. The parties shall file all dispositive motions, if any, no later than June 15, 2015. 

Dispositive motions as defined in Local Rule CV-7(c) and responses to dispositive motions shall be 

limited to 20 pages in length. 

8. All objections or motions under Rule 702 or Rule 703 of the Federal Rules of Evidence 

shall be filed with the court and served upon opposing parties no later than 60 days after the close of 

discovery. 

9. All transcript requests shall be made, in writing, to Nalene Benavides, Official Court 

Reporter, by way of regular mail or by hand delivery to Sandra Flores, Judicial Assistant. Phone 

requests for transcripts will NOT be accepted. 

10. This case is set for a JURY TRIAL before the court on September 14, 2015 at 1:00 

p.m., in Courtroom No. 422, Fourth Floor of the United States District Courthouse, 525 Magoffin 

2 

Case 3:14-cv-00260-FM Document 21 Filed 10/14/14 Page 2 of 4 

without suffering any adverse consequences. If all parties consent to trial of this case by a 

Magistrate Judge, this court will enter an order referring the case to a Magistrate Judge for trial and 

entry of judgment. If the case has already been referred to a Magistrate Judge for pretrial matters 

and the parties consent to a trial before a Magistrate Judge, the trial will be before the Magistrate 

Judge already assigned to the case. 

2. The parties asserting claims for relief shall submit a written offer of settlement to 

opposing parties no later than January 9, 2015. Each opposing party shall respond, in writing, on 

or before February 6, 2015. 

3. The parties shall file all motions to amend or supplement pleadings or to join additional 

parties no later than December 5, 2014. 

4. All parties asserting claims for relief shall FILE their designation of potential witnesses, 

designation of testifying experts, and list of proposed exhibits, and shall SERVE on all parties, but 

not file, the materials required by FED. R. Civ. P. 26(a)(2)(B) on or before January 16, 2015. Parties 

resisting claims for relief shall FILE their designation of potential witnesses, designation of 

testifying experts, and a list of proposed exhibits, and shall SERVE on all parties, but not file, the 

materials required by FED. R. Civ. P. 26(a)(2)(B) on or before January 29, 2015. All designations of 

rebuttal experts shall be filed within 30 days of receipt of the report of the opposing expert. 

5. The parties shall complete discovery on or before April 14, 2015. Counsel may, by 

agreement, continue discovery beyond the deadline, but there will be no intervention by the court 

except in extraordinary circumstances. No trial date will be vacated because of information obtained 

in post-deadline discovery. 

6. ADR is mandatory. ADR must be completed no later than May 14, 2015. The parties 

shall FILE a report on alternative dispute resolution in compliance with Local Rule CV-88 no later 

than 20 days after the alternative dispute resolution deadline. 

7. The parties shall file all dispositive motions, if any, no later than June 15, 2015. 

Dispositive motions as defined in Local Rule CV-7(c) and responses to dispositive motions shall be 

limited to 20 pages in length. 

8. All objections or motions under Rule 702 or Rule 703 of the Federal Rules of Evidence 

shall be filed with the court and served upon opposing parties no later than 60 days after the close of 

discovery. 

9. All transcript requests shall be made, in writing, to Nalene Benavides, Official Court 

Reporter, by way of regular mail or by hand delivery to Sandra Flores, Judicial Assistant. Phone 

requests for transcripts will NOT be accepted. 

10. This case is set for a JURY TRIAL before the court on September 14, 2015 at 1:00 

p.m., in Courtroom No. 422, Fourth Floor of the United States District Courthouse, 525 Magoffin 

2 
Case 3:14-cv-00260-FM Document 21 Filed 10/14/14 Page 3 of 4 

Ave., El Paso, Texas, 79901. The parties shall file their pretrial submissions in the form set out in 

Local Rule CV-16(e) not later than September 4, 2015. 

If any party intends to call more than three deposition witnesses for a total of more than 45 

pages of deposition testimony, then the proposed testimony shall be filed four weeks before the trial 

date. The other parties shall have ten days to file their proposed testimony and objections, if any. 

If the parties reach a settlement or otherwise resolve the case, the parties must promptly 

notify the court. 

Parties are encouraged to work out any scheduling conflicts and difficulties in meeting 

deadlines. Parties can agree to move any deadlines for paragraphs numbered one through five 

without leave of court, but must FILE notification of any such agreement. All other deadlines 

cannot be moved without leave of the court. 

The court expects the parties to strictly adhere to this Order. Failure to do so will result in 

sanctions to any offending party. Continuances, even if agreed upon by counsel, will be granted 

rarely. A motion for continuance will only be considered if it is in writing and it is supported by 

affidavit(s) setting forth its bases. 

Before filing any notice of depositions, the movant must contact any and all parties to 

determine if the requested deposition will be opposed. 

All contested notices of depositions will be denied with prejudice unless movant strictly 

adheres to the following: 

1. Movant serves upon respondent the complete notice of deposition(s); 

2. Respondent replies in writing within seven days of receipt (10 days if served by 

FAX, U.S. MAIL, or PRIVATE carrier); 

3. Parties confer about the response within seven days of the response due date. Movant 

is responsible for scheduling said conference. Respondent's failure to respond or to 

cooperate will result in sanctions; 

4. Within five days of the conference, Movant serves a proposed written specific 

agreement resolving the dispute, and when applicable, a specific timetable for 

compliance; 

5. Respondent accepts or declines the proposed agreement within five days of receipt 

(eight days if served by FAX, U.S. MAIL, or PRIVATE carrier) or submits a counter 

proposal; and 

6. Steps 4 and 5 are exhausted. 

All pleadings shall be filed within the applicable deadlines as set forth in the Local Rules of 

the United States District Court for the Western District of Texas. Parties are not entitled to an 

additional three (3) days as stated in Federal Rule of Civil Procedure 6(d), as amendments to the 

3 

Case 3:14-cv-00260-FM Document 21 Filed 10/14/14 Page 3 o 4 

Ave., El Paso, Texas, 79901. The parties shall file their pretrial submissions in the form set out in 

Local Rule CV-16(e) not later than September 4, 2015. 

If any party intends to call more than three deposition witnesses for a total of more than 45 

pages of deposition testimony, then the proposed testimony shall be filed four weeks before the trial 

date. The other parties shall have ten days to file their proposed testimony and objections, if any. 

If the parties reach a settlement or otherwise resolve the case, the parties must promptly 

notify the court. 

Parties are encouraged to work out any scheduling conflicts and difficulties in meeting 

deadlines. Parties can agree to move any deadlines for paragraphs numbered one through five 

without leave of court, but must FILE notification of any such agreement. All other deadlines 

cannot be moved without leave of the court. 

The court expects the parties to strictly adhere to this Order. Failure to do so will result in 

sanctions to any offending party. Continuances, even if agreed upon by counsel, will be granted 

rarely. A motion for continuance will only be considered if it is in writing and it is supported by 

affidavit(s) setting forth its bases. 

Before filing any notice of depositions, the movant must contact any and all parties to 

determine if the requested deposition will be opposed. 

All contested notices of depositions will be denied with prejudice unless movant strictly 

adheres to the following: 

1. Movant serves upon respondent the complete notice of deposition(s); 

2. Respondent replies in writing within seven days of receipt (10 days if served by 

FAX, U.S. MAIL, or PRIVATE carrier); 

3 Parties confer about the response within seven days of the response due date. Movant 

is responsible for scheduling said conference. Respondent's failure to respond or to 

cooperate will result in sanctions; 

4. Within five days of the conference, Movant serves a proposed written specific 

agreement resolving the dispute, and when applicable, a specific timetable for 

compliance; 

5. Respondent accepts or declines the proposed agreement within five days of receipt 

(eight days if served by FAX, U.S. MAIL, or PRIVATE carrier) or submits a counter 

proposal; and 

6. Steps 4 and 5 are exhausted. 

All pleadings shall be filed within the applicable deadlines as set forth in the Local Rules of 

the United States District Court for the Western District of Texas. Parties are not entitled to an 

additional three (3) days as stated in Federal Rule of Civil Procedure 6(d), as amendments to the 

3 
Case 3:14-cv-00260-FM Document 21 Filed 10/14/14 Page 4 of 4 

Local Rules have already accounted for the three-day period.' 

The above procedure must be completed within the timetable set forth by the various 

deadlines in this Order. It does not apply to notices involving nonparties or to witnesses not 

employed by the parties or their counsel. 

SO ORDERED. 

SIGNED this 14th day of October, 2014. 

FRANK MONTALVO 

UNITED STATES DISTRICT JUDGE 

ISee "Standing Order Clarifying Time Limits for Filing Responses and Replies," entered July 25, 2014. 

4 

Case 3:14-cv-00260-FM Document 21 Filed 10/14/14 Page 4 of 4 

Local Rules have already accounted for the three-day period.' 

The above procedure must be completed within the timetable set forth by the various 

deadlines in this Order. It does not apply to notices involving nonparties or to witnesses not 

employed by the parties or their counsel. 

SO ORDERED. 

SIGNED this 14th day of October, 2014. 

FRANK MONTALVO 

UNITED STATES DISTRICT JUDGE 

ISee "Standing Order Clarifying Time Limits for Filing Responses and Replies," entered July 25, 2014. 

4