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W.L. v. James Zirus
United States District Court, W.D. Texas, San Antonio Division
August 29, 2019
W.L., IV, AS NEXT FRIEND OF W.L.,V, A MINOR; Plaintiff,
SCOTT ASH JAMES ZIRUS, CAMP STEWART FOR BOYS INC., AMERICAN INSTITUTE FOR FOREIGN STUDY INC., Defendants.
ELIZABETH S. ("BETSY") CHESTNEY UNITED STATES
the Court is the above-styled and numbered cause of action,
which was referred to the undersigned on August 12, 2019 for
all pretrial proceedings [#14]. On August 28, 2019, Plaintiff
and Defendants Camp Stewart for Boys, Inc. and American
Institute for Foreign Study, Inc. appeared through counsel,
at an initial pretrial conference. Defendant Scott Ash James
Zirius, who is currently incarcerated at the French M.
Robertson Unit of the Texas Department of Criminal Justice
(“TDCJ”) in Abilene, Texas, did not appear due to
his incarceration. At the conference, the Court reviewed
Plaintiffs’ Motion for Entry Scheduling and Docket
Control Order [#22], Defendant Camp Stewart for Boys, Inc.
and Defendant American Institute for Foreign Study,
Inc.’s proposed scheduling order, and the
parties’ Joint Discovery/Case Management
Plan. At the conference, the Court resolved the
parties’ disputes over the schedule that should control
this case. Accordingly, pursuant to Rule 16 of the Federal
Rules of Civil Procedure, IT IS HEREBY
ORDERED that Plaintiffs’ Motion for Entry
Scheduling and Docket Control Order [#22] is
GRANTED as stated herein and the following
Scheduling Order is issued to control the course of this
1. A report on alternative dispute resolution in compliance
with Local Rule CV-88 shall be filed by December 2,
2. The parties asserting claims for relief shall submit a
written offer of settlement to opposing parties by
November 1, 2019, and each opposing party shall
respond, in writing, by November 15, 2019.
3. The parties shall file all motions to amend or supplement
pleadings or to join additional parties by December 16,
4. All parties asserting claims for relief shall file their
designation of potential witnesses, testifying experts, and
proposed exhibits and shall serve on all parties, but not
file, the materials required by Fed. R. Civ. P. 26(a)(2)(B)
by March 27, 2020. Parties resisting claims for
relief shall file their designation of potential witnesses,
testifying experts, and proposed exhibits and shall serve on
all parties, but not file, the materials required by Fed. R.
Civ. P. 26(a)(2)(B) by May 14, 2020. All
designations of rebuttal experts shall be designated within
14 days of receipt of the report of the opposing
5. An objection to the reliability of an expert’s
proposed testimony under Federal Rule of Evidence 702 shall
be made by motion, specifically stating the basis for the
objection and identifying the objectionable testimony, within
30 days of receipt of the written report of the
expert’s proposed testimony, or within 30 days
of the expert’s deposition, if a deposition is taken,
whichever is later.
6. The parties shall complete all discovery on or before
June 30, 2020. Counsel may by agreement continue
discovery beyond the deadline, but there will be no
intervention by the Court except in extraordinary
circumstances, and no trial setting will be vacated because
of information obtained in post-deadline discovery.
7. All dispositive motions as defined in Local Rule CV-7(c)
shall be filed no later than July 30, 2020.
Dispositive motions as and responses to dispositive motions
shall be limited to 20 pages in length. Replies, if
any, shall be limited to 10 pages in length in
accordance with Local Rule CV-7(f).
8. The trial date will be determined at a later date by the
Court. The parties shall consult Local Rule CV-16(e)-(g)
regarding matters to be filed in advance of trial. At the
time the trial date is set, the Court will also set the
deadline for the filing of matters in advance of trial.
9. If at any time during the pendency of this lawsuit, you
would like to consent to the trial of your case by a United
States Magistrate Judge, please indicate your consent on the
attached form or request a form through the Clerk’s
Office. If all parties consent to trial of this case by a
United States Magistrate Judge, this Court may enter an order
referring the case to a United States Magistrate Judge for
trial and entry of judgment.
IS SO ORDERED.
TO PROCEED TO TRIAL BEFORE A UNITED ...