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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
PUBLIC HEALTH AND MEDICAL
PROFESSIONALS FOR TRANSPARENCY ,
ET AL .,
Plaintiff s,
v.
No. 4:2 2-cv-0915-P
FOOD AND DRUG ADMINISTRATION ,
Defendant.
ORDER
This Order is being sent to all counsel and unrepresented parties who
have appeared. If there are other defendants who have not appeared,
but who have been in contact with the plaintiff or plaintiff’s counsel,
then the plaintiff’s counsel (or the plaintiff if the plaintiff is
unrepresented) is responsible for contacting such defendants and
making every effort to ensure their meaningful participation in the
conference.
I.
Lead counsel for each party (or designee attorney with appropriate
authority) and any unrepresented party (except for a prisoner litigant
proceeding pro se) shall confer (the “Scheduling Conference”) in a face -
to-face conference as soon as practicable (1) to consider the nature
and bas es for their claims and defenses ; (2) to assess the possibilities for
a prompt resolution of the case; ( 3) to make or arrange for the disclosures
required by Federal Rule of Civil Procedure 26(a)(1) ; and (4) to prepare
the joint report described below. While the Court acknowledges the
unique c hallenges presented by the COVID -19 Pandemic, it is still the
Court’s belief that a personal face -to-face meeting is usually the
most productive type of conference. Thus, the parties are
required to conduct the Scheduling Conference in person. As a Case 4:22-cv-00915-P Document 19 Filed 01/13/23 Page 1 of 5 PageID 175
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result of the Scheduling Conference, counsel shall prepare and submit a
Report Regarding Contents of Scheduling Order (“Joint Report”).
II.
The Joint Report, which shall be filed on or before January 27 , 2023 ,
shall include the following in separate numbered par agraphs (but NOT
in a proposed order format):
(1) A statement detailing the date on which the Scheduling
Conference was held, the location of the Scheduling
Conference, the names of the attorneys present, a
statement regarding whether meaningful progress t oward
settlement was made, and —without disclosing settlement
figures —a statement regarding the prospect of settlement;
(2) A brief statement of the claims and defenses;
(3) A proposed time limit to amend pleadings and join
parties;
(4) A proposed time limi t to file various types of motions,
including dispositive motions;
(5) A proposed time limit for initial designation of experts
and responsive designation of experts;
(6) A proposed time limit for objections to experts (i.e.,
Daubert and similar motions);
(7) A proposed plan and schedule for discovery, a statement
of the subjects on which discovery may be needed, a time
limit for completing factual and expert discovery, and a
statement of whether discovery should be conducted in
phases;
(8) A stat ement on whether any limitations on discovery
need to be imposed, and if so, what limitations;
(9) A statement on how to disclose and conduct discovery
on electronically stored information (“ESI”) and any Case 4:22-cv-00915-P Document 19 Filed 01/13/23 Page 2 of 5 PageID 176
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statement on disputes regarding disclosure and/or
discovery of ESI;
(10) Any proposals regarding handling and protection of
privileged or trial -preparation material that should be
reflected in a Court Order;
(11) A proposed trial date, the estimated number of days
for trial, and whether a jury has been dem anded;
(12) A proposed mediation deadline;
(13) A statement as to when and how disclosures under
FED. R. CIV. P. 26(1) were made or will be made;
(14) A statement as to whether the parties will consent to
a trial (jury or bench) before United States Magist rate
Judges Cureton or Ray;
(15) Whether a conference with the Court is desired, and if
so, a brief explanation why; and
(16) Any other proposals on scheduling and discovery that
the parties believe will facilitate expeditious and orderly
preparation for trial, and other orders that the Court
should enter under FED. R. CIV. P. 16(b), 16(c), and 26(c).
The filing of the Joint Report is mandatory. When submitting
proposed dates to the Court, the parties should assume that the
Scheduling Order will be entered by the Court within
approximately one month from the date of the parties’ Joint
Report . All parties shall endeavor to prepare joint suggestions, but if
they cannot agree, the Joint Report shall reflect their respective views.
In such a cas e, the Joint Report shall set forth with each party’s
respective recommendation a statement of why agreement could not be
reached. The names of any persons named in the case who did not
participate in the conference shall be identified in the Joint Report.
III.
Unless the plaintiff is unrepresented, lead counsel for the plaintiff is
responsible for initiating contact with opposing counsel and all Case 4:22-cv-00915-P Document 19 Filed 01/13/23 Page 3 of 5 PageID 177
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unrepresented parties for the purpose of arranging the Scheduling
Conference and preparing the Joint Report. Lead coun sel for all parties
and unrepresented parties are equally responsible for ensuring that this
Order is complied with in a timely manner. At least one counsel for each
party and all unrepresented parties shall sign the Joint Report before
filing.
IV.
Pursuant to Federal Rule of Civil Procedure 16(b)(2), the Court is to
enter a Scheduling Order “as soon as practicable, but unless the judge
finds good cause for delay, the judge must issue it within the earlier of
90 days after any defendant has been served with the complaint or 60
days after any defendant has appeared. ” FED. R. CIV. P. 16(b)(2).
Accordingly, any request for extension of time to file the Joint Report
shall be denied absent a showing of good cause.
V.
Unless a scheduling conference with the Court is set, a Scheduling
Order will be issued following the Court’s review of the Joint Report.
VI.
Unless this action is exempted by Federal Rule of Civil Procedure
26(a)(1)(E), or objection to disclosure is asserted at the Scheduling
Conference, in good fait h, as provided in Rule 26(a)(1)(C), the parties
must make the disclosures described in Federal Rule of Civil Procedure
26(a)(1) within fourteen days of the date set out in Paragraph II hereof.
VII.
Miscellaneous
(1) All briefs filed with the Court shall c omply with the most recent
edition of The Bluebook : A Uniform System of Citation. Counsel are
specifically directed to provide, where applicable, the subsections of
cited statutes, and to provide pin cites when citing cases.
(2) Pursuant to Federal Rule of Civil Procedure 5 and Local Civil
Rule 7.1(b), certificates of service and of conference sha ll address all
parties, including co -defendants and co -plaintiffs. Case 4:22-cv-00915-P Document 19 Filed 01/13/23 Page 4 of 5 PageID 178
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(3) Pursuant to Local Civil Rule s 7.1(i) and 56.6, all documentary and
non-documentary evidence submitted in support of or in opposition to a
motion must be included in an appendix. Regardi ng documentary
evidence submitted in an appendix, the Court requires that the
proponent of the appendix underline, or for large passages bracket in
the margins, the portion of each page of the appendix upon which he
relies to support his position.
SO ORDER ED on this 13th day of January 2023 .
Mark T. Pittman
UNITED STATES DISTRICT JUDGE
Case 4:22-cv-00915-P Document 19 Filed 01/13/23 Page 5 of 5 PageID 179