GW Equity LLC v. Xcentric Ventures LLC et al

Filing 40

GW Equity LLC v. Xcentric Ventures LLC et al

Doc. 40

Case 3:07-cv-00976

Document 40

Filed 08/29/2007

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I N THE UNITED STATES DISTRICT COURT F O R THE NORTHERN DISTRICT OF TEXAS D A L L A S DIVISION G W EQUITY, LLC., P l a i n t if f , v. X C E N T R I C VENTURES, LLC, et al., D efen d a n t. ) ) ) ) ) ) ) ) )

C a u se No. 3:07-CV-0976-K

O R D E R REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER P u r s u a n t to Fed. R. Civ. P. 16(b), Rule 26 and the Court's Civil Justice Expense a n d Delay Reduction Plan (the "Plan"), the Court enters this Order to promote possible e a r ly settlement of this action and to facilitate subsequent entry of a Scheduling Order. T h is Order is being sent to all counsel and unrepresented parties who have appeared. If th e re are other parties who have not appeared, but who have been in contact with the p la in t if f or plaintiff's counsel, then the plaintiff's counsel (or the plaintiff if the plaintiff is unrepresented) is responsible for contacting such parties and making every effort to e n s u r e their meaningful participation in the conference described below. I. L e a d counsel for each party (or designee attorney with appropriate authority) and a n y unrepresented party (except for a prisoner litigant proceeding pro se) shall confer as s o o n as practicable, but in no event later than 30 days from the date of this order (the " S c h e d u lin g Conference") to confer and (1) consider the nature and basis for the claims a n d defenses; (2) consider the possibilities for a prompt resolution of the case; (3) to m a k e or arrange for the disclosure required by Fed. R. Civ. P. 26(a)(1) and prepare the r e p o r t described below. It is the Court's belief that a personal face-to-face meeting is u s u a lly the most productive type of conference, but the Court will leave the determination o f the form for the Scheduling Conference to the professionalism of the parties. As a r e s u lt of the Scheduling Conference, counsel shall prepare and submit a Report Regarding C o n t e n t s of Scheduling Order ("Joint Report"). The Joint Report shall also include a s t a t u s report on settlement negotiations, but shall not disclose settlement figures. II.

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T h e Joint Report, which shall be filed no later than 10 days from the date of the s c h e d u lin g conference, shall include the following in separate numbered paragraphs, but n o t in the format of a proposed order. 1. 2. 3. 4. A brief statement of the claims and defenses; A proposed time limit to file motions for leave to join other parties; A proposed time limit to amend pleadings; A proposed time limit to file various types of motions, including dispositive m o tio n s. The Court prefers the deadline for dispositive motions to be 120 d a y s before trial and cannot be less than 90 days before trial; A proposed time limit for initial designation of experts; A proposed time limit for responsive designations of experts; A proposed time limit for objections to experts (i.e. Daubert and similar m o t io n s ) ; A proposed plan and schedule for discovery, a statement of the subjects on w h ic h discovery may be needed, a time limit to complete factual discovery a n d expert discovery, and a statement of whether discovery should be c o n d u c t e d in phases or limited to particular issues; W h a t changes should be made in the limitations on discovery imposed u n d e r the Federal Rules of Civil Procedure or by local rule, and what other lim ita tio n s should be imposed; A proposed trial date, estimated number of days required for trial, and w h e th e r a jury has been properly demanded; (The parties should note that th e Court operates a three-week docket beginning the first Monday of each m o n th . Therefore, the parties should propose a trial date which c o r r e s p o n d s with the first Monday of the agreed upon month.) A proposed date for further settlement negotiations; O b je c tio n s to Fed. R. Civ. P. 26(a)(1) asserted at the Scheduling C o n f e r e n c e , and other proposed modifications to the timing, form, or r e q u ir e m e n t s for disclosure under Rule 26(a), including a statement as to w h e n disclosures under Rule 26(a)(1) were made or will be made; W h e t h e r the parties will consent to trial (jury or non-jury) before U.S. M a g is t r a t e Judge (consent attached). W h e th e r the parties are considering mediation or arbitration to resolve this litig a tio n and a statement of when alternative dispute resolution would be m o s t effective (e.g. before discovery, after limited discovery, after motions a re filed, etc.), and, if mediation is proposed, the name of any mediator the p a r tie s jointly recommend to mediate the case; A n y other proposals regarding scheduling and discovery that the parties b e lie v e will facilitate expeditious and orderly preparation for trial; W h e t h e r a conference with the Court is desired and the reasons for r e q u e s tin g a conference; and

5. 6. 7. 8.

9.

10.

11. 12.

13. 14.

15 . 16.

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17 .

A n y other matters relevant to the status and disposition of ths case, in c lu d in g any other orders that should be entered by the Court under Fed. R . Civ. P. 16(b), 16(c), and 26(c).

F il i n g the Joint Report is mandatory. All parties shall endeavor to prepare joint s u g g e s t io n s , but if they cannot agree, the Joint Report shall reflect their respective views. I n such a case, the Joint Report shall set forth with each party's respective r e c o m m e n d a tio n a statement of why agreement could not be reached. The names of any p e rs o n s in the case who did not participate in the conference shall be identified in the J o in t Report. III. U n le ss plaintiff is unrepresented, lead counsel for plaintiff is responsible for in itia tin g contact with opposing counsel and all unrepresented parties for the purpose of a r ra n g in g the Scheduling Conference and preparing the Joint Report. Lead counsel for a ll parties and unrepresented parties are equally responsible for seeing that this Order is c o m p lie d with in a timely manner. At least one counsel for each party and all u n r e p r e se n t e d parties shall sign the Joint Report prior to filing. IV . B e c a u se Fed. R. Civ. P. 16(b) requires the Court to enter a Scheduling Order "as s o o n as practicable but in any event within 90 days after the appearance of a defendant a n d within 120 days after the complaint has been served on a defendant," any request for a n extension of time to file the Joint Report shall be denied absent a showing of good c a u se .

V. O n c e the Scheduling Order is issued, an extension of the trial date will not b e granted absent extraordinary circumstances. Without filing a motion, the parties m a y agree to extend any date in the Scheduling Order except for the dispositive motion d e a d lin e , pretrial material filing deadline, and trial date; however, no extension will be g iv e n effect by the Court unless the Court receives prompt written notice confirming the e x is te n c e of the extension. V I.

Unless this is an action exempted by Fed. R. Civ. P. 26(a)(1)(E), or an objection to disclosure is asserted at the Scheduling Conference in good faith, as provided in Fed. -3-

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R. Civ. P. 26(a)(1), the parties must make disclosures as required by Fed. R. Civ. P. 26(a)(1) no later than 14 days from the date of the scheduling conference.
S O ORDERED. Signed August 29 th, 2007. ____________________________________ ED KINKEADE UNITED STATES DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT F O R THE NORTHERN DISTRICT OF TEXAS _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DIVISION ______________________ Plaintiff v. ______________________ Defendant C O N S E N T TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of 28 U.S.C. § 636(c), the parties to the above c a p t io n e d civil matter hereby waive their right to proceed before a Judge of the United States D is tric t Court and consent to have a United States Magistrate Judge conduct any and all further p r o c e e d i n g s in the above styled case (including the trial) and order entry of a final judgment. P a r t y or Counsel of Record _________________________ _________________________ _________________________ NOTE: D ate _____________________ _____________________ _____________________ Docket No. ___________________________

R e t u r n this form to the District Clerk only if it has been executed by all parties to th e case.

O R D E R OF REASSIGNMENT IT IS HEREBY ORDERED that the above captioned matter be reassigned to the United S t a t e s Magistrate Judge ___________________________ for the conduct of all further proceedings and the entry of final judgment in accordance with 28 U.S.C. § 636(c) and the fo r e go i n g consent of the parties. D A T E D : ____________ _______________________________ UNITED STATES DISTRICT JUDGE

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T R IA L S BY THE UNITED STATES MAGISTRATE JUDGE

M iscellaneo us Order #6 of the Northern District of Texas provides that the United States M agistrate Judges of this district court may, upon the consent of all parties in a civil case, conduct any or all proceedings in a civil case, including a jury or non-jury trial, and order the entry of a final jud gm ent, in accordance with 28 U.S.C. § 636(c). It is your obligation to serve the following "Notice o f Right to Consent to Disposition of a Civil Case by a United States Magistrate Judge", and the attached consent form, upon the defendant(s) with the complaint and summons.

N O T IC E OF RIGHT TO CONSENT TO DISPOSITION OF A CIVIL CASE BY A UNITED STATES MAGISTRATE JUDGE

In accordance with the provisions of 28 U.S.C. § 636(c), you are hereby notified that the U n ited States Magistrate Judges of this district court, in addition to their other duties, may, upon the co n sen t of all parties in a civil case, conduct any or all proceedings in a civil case, including a jury or n o n -ju ry trial, and order the entry of a final judgment. Copies of appropriate consent forms for this p u rp o se are available from the clerk of the court. If a consent form is not filed within 20 days of the date that all parties have filed an answer or otherw ise responded, the court will deem that failure as evidence that the parties wish that the cause o f action proceed before the district judge to whom the case was assigned at the time it was originally filed. Should all the parties subsequently consent to trial by a magistrate judge, however, the district jud ge may in his/her discretion so order. Pursuant to 28 U.S.C. § 636(c), appeal to the United States C o u rt of Appeals for the Fifth Circuit from a judgment of a magistrate judge is permitted in the same m an n er as an appeal from any other judgment of the Court.

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