Case 2:15-cv-01274-JRG-RSP Document 138-5 Filed 08/30/16 Page 1 of 5 PageID #: 4367
`Case 2:l5—cv—0l274—JRG—RSP Document 138-5 Filed 08/30/16 Page 1 of 5 Page|D #: 4367
`
`
`
`
`EXHIBIT D
`
`EXHIBIT D
`
`
`
`

`
`Case 2:15-cv-01274-JRG-RSP Document 138-5 Filed 08/30/16 Page 2 of 5 PageID #: 4368
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§
`§
`§
`
`DOCKET CONTROL ORDER
`
`
`
`Case No. 2:00-CV-000-JRG-RSP
`
`
`[DEFENDANT][, et al.]
`
`[PLAINTIFF]
`
`v.
`
`
`
`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:
`
`_________________
`
`_________________
`
`_________________
`
`_________________
`
`_________________
`
`_________________
`
`Jury Selection – 9:00 a.m. in Marshall, Texas before
`[Judge Rodney Gilstrap / Judge Roy Payne]
`
`Pretrial Conference – _______ a.m/p.m. in Marshall,
`Texas before [Judge Rodney Gilstrap / Judge Roy
`Payne]
`
`File Joint Pretrial Order, Joint Proposed Jury
`Instructions and Form of the Verdict.
`
`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).
`
`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
`making said request shall file a notice with the Court
`and e-mail the Court Reporter, Shelly Holmes, at
`shelly_holmes@txed.uscourts.gov.
`
`Pretrial Objections due
`
`

`
`Case 2:15-cv-01274-JRG-RSP Document 138-5 Filed 08/30/16 Page 3 of 5 PageID #: 4369
`
`_________________
`
`Pretrial Disclosures due
`
`Response to Dispositive Motions (including Daubert
`Motions).1 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.
`
`Deadline for Filing Dispositive Motions and any other
`motions that may require a hearing; including Daubert
`motions.
`
`Defendant to Identify Trial Witnesses
`
`Plaintiff to Identify Trial Witnesses
`
`Defendant to Answer Amended Pleadings
`
`Mediation to be completed
`
`Amend 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).
`
`Discovery Deadline
`
`Deadline to File Motions to Compel Regarding
`Discovery Disputes.
`
`Defendant to designate Expert Witnesses
`Expert witness report due
`Refer to Local Rules for required information
`
`_________________
`
`_________________
`
`_________________
`
`_________________
`
`_________________
`
`_________________
`
`_________________
`
`_________________
`
`_________________
`
`_________________
`
`
`1 The parties are directed to Local Rule CV-7(d), which provides in part that “[i]n the
`event a party fails to oppose a motion in the manner prescribed herein the court will assume that
`the party has no opposition.” 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(e), in which to serve and
`file a response and any supporting documents, after which the court will consider the submitted
`motion for decision.
`
`- 2 -
`
`
`
`

`
`Case 2:15-cv-01274-JRG-RSP Document 138-5 Filed 08/30/16 Page 4 of 5 PageID #: 4370
`
`_________________
`
`_________________
`
`_________________
`
`
`Plaintiff to Designate Expert Witnesses
`Expert witness report due
`Refer to Local Rules for required information
`
`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).
`
`Join Additional Parties
`
`OTHER LIMITATIONS
`
`1.
`
`2.
`
`3.
`
`4.
`
`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.
`
`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).
`
`The following excuses will not warrant a continuance nor justify a failure to
`comply with the discovery deadline:
`
`(a)
`
`(b)
`
`(c)
`
`The fact that there are motions for summary judgment or motions to
`dismiss pending;
`
`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;
`
`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.
`
`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.
`
`- 3 -
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`Case 2:15-cv-01274-JRG-RSP Document 138-5 Filed 08/30/16 Page 5 of 5 PageID #: 4371
`
`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.
`
`- 4 -