Case 7:15-cv Document 10 Filed in TXSD on 12/02/15 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS MCALLEN DIVISION

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1 Case 7:15-cv Document 10 Filed in TXSD on 12/02/15 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS MCALLEN DIVISION Cathy Jones, CIVIL ACTION NO Plaintiff, vs. City of McAllen, Defendant A JURY IS DEMANDED Joint Discovery/Case Management Plan Under Rule 26(f) Federal Rules of Civil Procedure 1. State where and when the meeting of the parties required by Rule 26(f) was held, and identify the counsel who attended for each party. The parties met on November 25, 2015, by telephone. Present were Katherine Butler, counsel for the Plaintiff, and Bonnie Kirkland, counsel for the Defendant. 2. List the cases related to this one that are pending in any state or federal court with the case number and court. 3. Briefly describe what this case is about. Plaintiff s Statement. The price of honesty in City government should never be dismissal, but it was for Cathy Jones. For more than 22 years, Cathy Jones protected the taxpayers interests as McAllen s city auditor. But when a new City Manager took the helm, he demanded she set those concerns aside and ignore clear evidence that female employees were suffering job discrimination. He not only maligned her, but he limited the scope of her job and suspended her in violation of City policy. Ultimately, he and the City Attorney engineered her dismissal resulting in this lawsuit in which the City stands accused of gender discrimination and retaliation. Defendant s Statement

2 Case 7:15-cv Document 10 Filed in TXSD on 12/02/15 Page 2 of 7 Plaintiff was the City Auditor from August 8, 1992 until her employment was terminated on September 29, Plaintiff s employment was terminated because she repeatedly went outside the authority she had as City Auditor and engaged in inappropriate behavior seeking to investigate, and to influence decisions, on matters outside of her competence and responsibility and in which she had a personal interest. Plaintiff had been warned about this behavior, but refused to cease her actions. Plaintiff s employment subsequently was terminated after she directly refused to stay within the parameters of her authority as directed by her supervisory committee. The termination of Plaintiff s employment was in no way related to her sex or in retaliation for engaging in any alleged protected activity. 4. Specify the allegation of federal jurisdiction. Federal jurisdiction is asserted under 28 U.S.C and Name the parties who disagree and the reasons. dismiss. Defendant has not raised jurisdictional issues in its 12(b) motion to 6. List anticipated additional parties that should be included, when they can be added, and by whom they are wanted. 7. List anticipated interventions. 8. Describe class-action issues. 9. State whether each party represents that it has made the initial disclosures required by Rule 26(a). If not, describe the arrangements that have been made to complete the disclosures. The parties propose that initial disclosures be exchanged by December 14, Describe the proposed agreed discovery plan, including:

3 Case 7:15-cv Document 10 Filed in TXSD on 12/02/15 Page 3 of 7 A. Responses to all the matters raised in Rule 26(f). (1) The parties do not request any changes in the form or requirement for disclosure under subdivision (a) or local rules. (2) The parties agree to start discovery with an initial round of paper discovery, after which they will begin depositions. The parties agree to complete all discovery by May 31, The parties will do discovery on all liability and damages issues. (3) The Parties acknowledge that they are required to preserve documents, electronically-stored information, and tangible things (as defined by Federal Rule of Civil Procedure 34) pertinent to the events, claims, or defenses in this case. The Parties agree to produce electronically-stored information on CD, DVD or USB drive in its native format. Both Parties reserve the right to request production of electronically-stored information in a mutually agreeable alternative format. The Parties agree to confer in good faith regarding the nature and extent of electronically-stored information, if any, pertinent to the events, claims, or defenses in this case. (4) The parties at this time request no changes in the limitations on discovery imposed by federal and local rules. (5) The parties do not request any other orders be issued under Rule 26(c) or Rule 16(b) and (c). B. When and to whom the Plaintiff anticipates it may send interrogatories. The Plaintiff anticipates that she will send interrogatories to the defendant and that she will do so within 30 days. C. When and to whom Defendant anticipates it may send interrogatories. The Defendant anticipates that it will send interrogatories to the plaintiff within sixty days of the initial disclosures. D. Of whom and by when the Plaintiff anticipates taking oral depositions. At this time, the Plaintiff plans to depose the individuals listed as having

4 Case 7:15-cv Document 10 Filed in TXSD on 12/02/15 Page 4 of 7 knowledge of relevant facts by the close of discovery. E. Of whom and by when the Defendant anticipates taking oral depositions. At this time, Defendant plans to depose the Plaintiff and other fact witnesses as identified in the parties initial disclosures by close of discovery. F. (I) Specify the date experts for Plaintiff (or party with the burden of proof on an issue) will be designated and their reports provided to opposing party. (ii) The Plaintiff will designate experts and provide their reports, except for reports by non-retained experts on attorneys fees, 75 days before the close of discovery. Specify the date experts for Defendant will be designated and their reports provided to opposing party. Defendant will designate experts and provide their reports, except for reports by non-retained experts on attorneys fees, 30 days after the Plaintiff designates her experts and provides their reports. G. List expert depositions the Plaintiff anticipates taking and their anticipated completion date. See Rule 26(a)(2)(B) (expert report). The Plaintiff anticipates taking the deposition of any defense experts as soon as reasonably possible after designation of the expert, but certainly by the close of discovery. H. List expert depositions the Defendant anticipates taking and their anticipated completion date. See Rule 26(a)(2)(B) (expert report). Defendant anticipates taking the deposition of any Plaintiff's experts as soon as reasonably possible after designation of the expert, but certainly by the close of discovery. 11. If the parties are not agreed on a part of the discovery plan, describe the separate views and proposals of each party. The parties agree to this discovery plan. 12. Specify the discovery beyond initial disclosures that has been undertaken to date

5 Case 7:15-cv Document 10 Filed in TXSD on 12/02/15 Page 5 of State the date the planned discovery can reasonably be completed. The parties believe that discovery can be completed by May 31, Describe the possibilities for a prompt settlement or resolution of the case that were discussed in your Rule 26(f) meeting. At the present, the parties have agreed to talk about settlement with their clients and then ascertain whether there is a possibility for early resolution of this dispute. 15. Describe what each party has done or agreed to do to bring about a prompt resolution. The parties have discussed the possibility of settling this dispute with their clients. 16. From the attorneys discussion with the client, state the alternative dispute resolution techniques that are reasonably suitable, and state when such a technique may be effectively used in this case. If informal settlement negotiations are not fruitful, the parties will consider whether mediation would be appropriate for this case. 17. Magistrate judges may now hear jury and non-jury trials. Indicate the parties joint position on a trial before a magistrate judge. The parties have not agreed to proceed before a magistrate judge. 18. State whether a jury demand has been made and if it was made on time. A timely jury demand has been made. 19. Specify the number of hours it will take to present the evidence in this case. At this time, the parties estimate that presentation of the evidence will take no more than 40 hours. 20. List pending motions that could be ruled on at the time of the initial pretrial and scheduling conference. Defendant s Partial Motion to Dismiss

6 Case 7:15-cv Document 10 Filed in TXSD on 12/02/15 Page 6 of List other motions pending. Defendant s Motion to Extend Time to Answer. 22. Indicate other matters peculiar to this case, including discovery, that deserve the special attention of the court at the conference. 23. Certify that all parties have filed Disclosure of Interested Persons as directed in the Order for Conference and Disclosure of Interested Persons, listing the date of filing for original and any amendments. The plaintiff filed her Disclosure of Interested Persons on September 30, 2015, and the defendant filed its Disclosure of Interested Persons on November 25, List the names, bar numbers, addresses and telephone numbers of all counsel. Counsel for the Plaintiff: Katherine L. Butler Southern Dist. ID 4734 Texas Bar No Heights Boulevard Houston, Texas (713) (888) (fax) kathy@butlerharris.com Paul R. Harris Federal I.D. No State Bar No Heights Boulevard Houston, Texas (713) (888) (fax) paul@butlerharris.com Counsel for the Defendant:

7 Case 7:15-cv Document 10 Filed in TXSD on 12/02/15 Page 7 of 7 Raymond A. Cowley SBN No Texas State Bar No.: North McColl, Suite 204 McAllen, Texas Telephone: (956) Facsimile: (956) rcowley@dykema.com Bonnie K. Kirkland State Bar No S.D. Bar ID: bkirkland@dykema.com 112 E. Pecan Street, Suite 1800 San Antonio, Texas (210) (Fax) Respectfully submitted, /s/ Katherine L. Butler Southern Dist. ID 4734 State Bar No Heights Boulevard Houston, Texas (713) (888) (fax) Lead Counsel for the Plaintiff /s/raymond A. Cowley Attorney In Charge SBN No Texas State Bar No.: North McColl, Suite 204 McAllen, Texas Telephone: (956) Facsimile: (956) Lead Counsel for the Defendant