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

Similar documents
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION. v. Civil Action No. 3:10 cv 00071

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. ELAINE SCOTT, Plaintiff, Case No. 4:09-cv-3039-MH v.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case 5:18-cv DAE Document 9 Filed 08/01/18 Page 1 of 7

Case 4:04-cv RAS Document 41 Filed 12/09/2004 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

Case 3:16-cv CRS-CHL Document 36 Filed 06/29/17 Page 1 of 5 PageID #: 423

1. TRCP 194 created a new discovery tool entitled Requests for Disclosure.

Case 4:11-cv Document 102 Filed in TXSD on 09/11/12 Page 1 of 8

Case 5:09-cv JLV Document 28 Filed 05/15/09 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA WESTERN DIVISION

Case 9:01-cv MHS-KFG Document 72 Filed 08/16/16 Page 1 of 10 PageID #: 1935

Case 4:07-cv CW Document 39 Filed 12/07/2007 Page 1 of 5

CASE MANAGEMENT ORDER

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

FILED. , #, Case 5:05-cv WRF Document 29 Filed 06/06/2006Page 1 of 9 JUN COMMISSION, Plaintiff, ALICIA MANSEL, Civil Action No.

Case 3:15-cv WHA Document 31 Filed 03/03/16 Page 1 of 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION. Plaintiffs, Defendant.

Case 2:05-cv TJW Document 212 Filed 12/21/2005 Page 1 of 5

Case 2:13-cv Document 429 Filed in TXSD on 07/22/14 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISON

Case 2:05-cv TJW Document 211 Filed 12/21/2005 Page 1 of 11

Case 4:14-cv Document 1 Filed in TXSD on 09/08/14 Page 1 of 6

Case 3:05-cv B-BLM Document 783 Filed 04/16/2008 Page 1 of 9

Case 4:12-cv Document 26 Filed in TXSD on 03/25/13 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ) ) ) ) ) ) UNIFORM SCHEDULING ORDER

Case 4:11-cv Document 198 Filed in TXSD on 05/31/13 Page 1 of 6

) ) ) ) ) ) ) ) ) ) ) ) ) )

U.S. District Court [LIVE] Western District of Texas (El Paso) CIVIL DOCKET FOR CASE #: 3:02-cv DB

Case 4:16-cv Document 1 Filed in TXSD on 09/29/16 Page 1 of 7

vs. OF TARRANT COUNTY, TEXAS DISCOVERY AND DOCKET CONTROL PLAN FOR LEVEL 3 CASE ( PLAN )

JOINT RULE 16(b)/26(f) REPORT

Case 2:16-cv JAK-AS Document 29 Filed 10/15/16 Page 1 of 14 Page ID #:190

Case 2:18-cv KOB Document 49 Filed 02/12/19 Page 1 of 7

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION ) ) ) ) ) ) ) ) ) ) ) ) DOCKET CONTROL ORDER STEP ACTION RULE DATE DUE 1

Case3:12-cv VC Document28 Filed07/01/14 Page1 of 11

The parties to this case, through their respective counsel, have conferred by regarding

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

Information or instructions: Motion Consent of Client & Order to substitute counsel PREVIEW

-SMS Owens v. Kraft Foods Global, Inc Doc. 19

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) )

LegalFormsForTexas.Com

Case 4:15-cr Document 20 Filed in TXSD on 01/05/16 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case 1:13-cv RCL Document 89 Filed 10/29/18 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

IN THE UNITED STATES DISTRICT COURT. 21 Plaintiffs Equal Employment Opportunity Commission ("EEOC") and Olivia Tamayo ("Ms.

Case 4:12-cv Document 1 Filed in TXSD on 06/04/12 Page 1 of 6

IN THE UNITED STATES DISTRICT COU~ NOV - FOR THE WESTERN DISTRICT OF TEXAS~i.~ SAN ANTONIO DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN. Plaintiff, Case No. 2:09-CV Hon. Marianne O.

being preempted by the court's criminal calendar.

Case 4:15-cv Document 1 Filed in TXSD on 05/20/15 Page 1 of 7

Rule 26. General Provisions Governing Discovery; Duty of Disclosure [ Proposed Amendment ]

Case: 2:15-cv MHW-NMK Doc #: 20 Filed: 07/01/15 Page: 1 of 10 PAGEID #: 143

31 U.S.C. Section 3733 Civil investigative demands

Qualifications, Presentation and Challenges to Expert Testimony - Daubert (i.e. is a DFPS caseworker an expert)

CAUSE NO. THE STATE OF TEXAS IN THE DISTRICT COURT OF [INSERT PROPERTY] JUDICIAL DISTRICT

NO. FIELD(MAT_Cause No) STATE OF TEXAS IN THE DISTRICT COURT. VS. FIELD(MAT_Court) JUDICIAL. TOUPPER(FIELD(MAT_Client Name)) BEXAR COUNTY, TEXAS

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ORIGINAL COMPLAINT

DISCOVERY- LOCAL RULES JUSTICE COURTS OF TARRANT COUNTY, TEXAS

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. versus Civil Action 4:17 cv 02946

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

UnofficialCopyOfficeofChrisDanielDistrictClerk

INDIVIDUAL RULES AND PROCEDURES FOR CIVIL CASES. Lorna G. Schofield United States District Judge

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case 3:12-cv VC Document 119 Filed 05/09/17 Page 1 of 13 (Counsel listed on signature page)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Case 1:13-cv WYD-MEH Document 28 Filed 02/20/14 USDC Colorado Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Notice of Motion and Motion to Consolidate Related Actions Against

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case 5:07-cv VAP-JCR Document 11 Filed 06/14/2008 Page 1 of 9 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION

Plaintiff, v. Collective Action Nicka & Associates, Inc.,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Courthouse News Service

Case 5:14-cv DAE Document 4 Filed 11/10/14 Page 1 of 11 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

For Preview Only - Please Do Not Copy

Case 1:08-cv EGS Document 19 Filed 12/12/08 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

Case 4:17-cv Document 1 Filed in TXSD on 07/20/17 Page 1 of 8

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, CENTRAL DIVISION CASE NO. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK UNIFORM PRETRIAL SCHEDULING ORDER. Civil No. 1:13-CV-1211 vs. GLS/TWD Andrew Cuomo, et al.

Case Document 1590 Filed in TXSB on 03/16/12 Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF HAWAII CV

Case 4:17-cv Document 1 Filed in TXSD on 01/20/17 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case 6:16-cv RP Document 493 Filed 08/23/18 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION

CAUSE NUMBER PLAINTIFF S FIRST AMENDED ORIGNAL PETITION AND REQUEST FOR DISCOVERY AND REQUEST FOR TEMPORARY RESTRAINING ORDER

Plaintiffs LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC), HERLINDA S. GARCIA, JUAN GARCIA, AGUSTIN PINEDA, BERTA URTEAGA,

Case: 5:14-cv JRA Doc #: 29 Filed: 01/28/15 1 of 6. PageID #: 284 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE

v. GUADALUPE COUNTY, TEXAS

Case: 2:15-cv MHW-NMK Doc #: 19 Filed: 07/01/15 Page: 1 of 5 PAGEID #: 138

Information or instructions: Combined discovery requests, admissions, production of documents and interrogatories

E-FILED 12/26/2017 4:20 PM FRESNO COUNTY SUPERIOR COURT By: C. Cogburn, Deputy

Case 5:10-cv FB Document 25 Filed 03/11/11 Page 1 of 7

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. JOINT RULE 26(f) PRETRIAL REPORT vs.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case 1:15-cv LTS Document 29 Filed 03/11/16 Page 1 of 7

FORM 4. RULE 26(f) REPORT (PATENT CASES) UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

AGREED MOTION TO EXTEND EXPERT DEADLINES. Plaintiffs, Gilbert Joe Cisneros, Catherine Garcia Sonnier, Martha Gonzalez,

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION COMPLAINT FOR PATENT INFRINGEMENT

CASE MANAGEMENT PROTOCOL OAKLAND COUNTY CIRCUIT COURT BUSINESS COURT CASES

Case 1:12-cv GBL-JFA Document 67 Filed 01/02/13 Page 1 of 6 PageID# 748

PREVIEW PLEASE DO NOT COPY THIS DOCUMENT THANK YOU

Case 4:10-cv CW Document 1 Filed 10/13/10 Page 1 of 8

Transcription:

Case 7:15-cv-00369 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. 15-369 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. 6449708.1 1

Case 7:15-cv-00369 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, 2014. 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. 1331 and 1343. 5. 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, 2015. 10. Describe the proposed agreed discovery plan, including: 6449708.1 2

Case 7:15-cv-00369 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, 2016. 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 6449708.1 3

Case 7:15-cv-00369 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. 6449708.1 4

Case 7:15-cv-00369 Document 10 Filed in TXSD on 12/02/15 Page 5 of 7 13. State the date the planned discovery can reasonably be completed. The parties believe that discovery can be completed by May 31, 2016. 14. 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. 6449708.1 5

Case 7:15-cv-00369 Document 10 Filed in TXSD on 12/02/15 Page 6 of 7 21. 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, 2015. 24. 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. 03526300 1007 Heights Boulevard Houston, Texas 77008 (713) 526-5677 (888) 370-5038 (fax) Email: kathy@butlerharris.com Paul R. Harris Federal I.D. No. 897365 State Bar No. 24059905 1007 Heights Boulevard Houston, Texas 77008 (713) 526-5677 (888) 370-5038 (fax) Email: paul@butlerharris.com Counsel for the Defendant: 6449708.1 6

Case 7:15-cv-00369 Document 10 Filed in TXSD on 12/02/15 Page 7 of 7 Raymond A. Cowley SBN No. 9642 Texas State Bar No.: 04932400 1400 North McColl, Suite 204 McAllen, Texas 78501 Telephone: (956) 984-7400 Facsimile: (956) 984-7499 Email: rcowley@dykema.com Bonnie K. Kirkland State Bar No. 24074539 S.D. Bar ID: 1132776 bkirkland@dykema.com 112 E. Pecan Street, Suite 1800 San Antonio, Texas 78205 (210) 226-8395 (Fax) Respectfully submitted, /s/ Katherine L. Butler Southern Dist. ID 4734 State Bar No. 03526300 1007 Heights Boulevard Houston, Texas 77008 (713) 526-5677 (888) 370-5038 (fax) Lead Counsel for the Plaintiff /s/raymond A. Cowley Attorney In Charge SBN No. 9642 Texas State Bar No.: 04932400 1400 North McColl, Suite 204 McAllen, Texas 78501 Telephone: (956) 984-7400 Facsimile: (956) 984-7499 Lead Counsel for the Defendant 6449708.1 7