Case 5:23-cv-01256-XR Document 14 Filed 02/06/24 Page 1 of 9
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`SAN ANTONIO DIVISION
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`M.E.A.C. ENGINEERING LTD,
`Plaintiff
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`v.
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`3M COMPANY,
`Defendant
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` Case No. SA-23-CA-01256-XR
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`ORDER AND ADVISORY
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`It is ORDERED that the Plaintiff(s) confer with the Defendant(s) as required by Fed. R.
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`Civ. P 26(f) to submit (1) a proposed scheduling order and (2) a Rule 26(f) Report in the formats
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`shown in the attached documents for the Court’s consideration by March 7, 2024. Failure to do
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`so may result in the Court’s entering its own scheduling order.
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`After receipt of the Proposed Scheduling Order and Rule 26(f) Report, the Court will issue
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`an Order setting an Initial Pre-Trial Conference pursuant to Fed. R. Civ. P. 16.
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`At the request of the Bar, the San Antonio District Judges have implemented a procedure
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`whereby a Magistrate Judge is assigned to each civil case at the time it is filed. The assignments
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`are made randomly and are evenly divided among the three San Antonio Magistrate Judges. If a
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`pretrial matter is referred by the District Judge, it will be handled by the Magistrate Judge to whom
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`the case was assigned. Similarly, if the parties consent to Magistrate Judge jurisdiction, the case
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`will be placed on the docket of the assigned Magistrate Judge for all future proceedings, including
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`entry of final judgment. 28 U.S.C. § 636(c). The Magistrate Judge assigned to this case is Henry
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`J. Bemporad.
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`So that this Court may more efficiently manage its docket, the parties are hereby
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`ORDERED to notify the Court whether or not they consent, under 28 U.S.C. § 636(c), to
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`Case 5:23-cv-01256-XR Document 14 Filed 02/06/24 Page 2 of 9
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`Magistrate Judge jurisdiction. Therefore, within thirty (30) days of the date of the filing of this
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`Order, each party shall sign the appropriate election form to be filed with the Clerk's Office (see
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`attached).
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`It is so ORDERED.
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`SIGNED this February 6, 2024.
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`_________________________________
`XAVIER RODRIGUEZ
`UNITED STATES DISTRICT JUDGE
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`Case 5:23-cv-01256-XR Document 14 Filed 02/06/24 Page 3 of 9
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`SAN ANTONIO DIVISION
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`M.E.A.C. ENGINEERING LTD,
`Plaintiff
`
`v.
`
`3M COMPANY,
`Defendant
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` Case No. SA-23-CA-01256-XR
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`PLAINTIFF’S ADVISORY TO THE CLERK OF COURT
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`Plaintiff in the above-captioned case elects as follows (please select only one of the
`following options):
` I consent to proceed before a United States Magistrate Judge in accordance with
`provisions of Title 28 U.S.C. Section 636. Plaintiff in the above-captioned case waives
`the right to proceed before a United States District Judge and consents to have a United
`States Magistrate Judge conduct any and all further proceedings in this case, including
`rendering a decision, and to order the entry of final judgment. Any appeal shall be
`taken to the United States Court of Appeals for the Fifth Circuit in accordance with
`Title 28 U.S.C. Section 636(c)(3).
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` □
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`□ I do not consent to proceed before a United States Magistrate Judge. Plaintiff in the
`above-captioned case elects not to have this case decided by a United States Magistrate
`Judge and prefers that this case proceed before the United States District Judge.
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`________________________________________
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` Plaintiff’s Name
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`By: _____________________________________
` Signed by Attorney
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`Date
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`Case 5:23-cv-01256-XR Document 14 Filed 02/06/24 Page 4 of 9
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`SAN ANTONIO DIVISION
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`M.E.A.C. ENGINEERING LTD,
`Plaintiff
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`v.
`
`3M COMPANY,
`Defendant
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` Case No. SA-23-CA-01256-XR
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`DEFENDANT’S ADVISORY TO THE CLERK OF COURT
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`Defendant in the above-captioned case elects as follows (please select only one of the
`following options):
`□ I consent to proceed before a United States Magistrate Judge in accordance with
`provisions of Title 28 U.S.C. Section 636. Defendant in the above-captioned case
`waives the right to proceed before a United States District Judge and consents to have
`a United States Magistrate Judge conduct any and all further proceedings in this case,
`including rendering a decision, and to order the entry of final judgment. Any appeal
`shall be taken to the United States Court of Appeals for the Fifth Circuit in accordance
`with Title 28 U.S.C. Section 636(c)(3).
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`□ I do not consent to proceed before a United States Magistrate Judge. Defendant in the
`above-captioned case elects not to have this case decided by a United States Magistrate
`Judge and prefers that this case proceed before the United States District Judge.
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`________________________________________
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` Defendant's Name
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`By: _____________________________________
` Signed by Attorney
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`Date
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`Case 5:23-cv-01256-XR Document 14 Filed 02/06/24 Page 5 of 9
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`SAN ANTONIO DIVISION
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`M.E.A.C. ENGINEERING LTD,
`Plaintiff
`
`v.
`
`3M COMPANY,
`Defendant
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` Case No. SA-23-CA-01256-XR
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`AGREED1 SCHEDULING RECOMMENDATIONS
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`The parties recommend that the following deadlines be entered in the scheduling order to
`control the course of this case:
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`MOTIONS FOR LEAVE TO AMEND PLEADINGS.
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`The deadline for Plaintiff(s) to file a motion seeking leave to amend pleadings; or to join
`parties is ______________.2
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`The deadline for Defendant(s) to file a motion (1) to designate responsible third parties,
`pursuant to Texas Civil Practices & Remedies Code § 33.004(a); (2) seeking leave to amend
`pleadings; or (3) to join parties is ______________.3
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`EXPERTS
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`All parties asserting claims for relief shall file their designation of testifying experts and
`serve on all parties, but not file, the materials required by Fed. R. Civ. P. 26(a)(2)(B) on or before
`________________________.4
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`Parties resisting claims for relief shall file their designation of testifying experts and serve
`on all parties, but not file, the materials required by Fed. R. Civ. P. 26(a)(2)(B) on or before
`__________________.5
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`1 This document should generally be filed as an agreed upon recommendation. If any party cannot agree to a certain
`deadline, that party should indicate with specificity why a dispute exists as to the appropriate deadline.
`2 Generally 60 days from date of this order.
`3 Generally 75 days from date of this order.
`4 Generally 90 days from date of this order.
`5 Generally 120 days from date of this order.
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`Case 5:23-cv-01256-XR Document 14 Filed 02/06/24 Page 6 of 9
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`All parties shall file all designations of rebuttal experts and serve on all parties the material
`required by Fed. R. of Civ. P. 26(a)(2)(B) for such rebuttal experts, to the extent not already served,
`within fifteen (15) days of receipt of the report of the opposing expert.
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`The deadline for filing supplemental reports required under Fed. R. Civ. P. 26(e) is
`_______________________.
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`COMPLETION OF DISCOVERY
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`Written discovery requests are not timely if they are filed so close to this deadline that
`under the Federal Rules of Civil Procedure the response would not be due until after the deadline.
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`The deadline for the completion of all discovery is _______________.6
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`ALTERNATIVE DISPUTE RESOLUTION/MEDIATION
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`The parties must mediate this case on or before _________________ and file a report in
`accordance with Rule 88 within seven (7) days after the mediation is completed.
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`All offers of settlement are to be private, not filed. The parties are ordered to retain the
`written offers of settlement and response as the Court will use these in assessing attorneys' fees
`and costs at the conclusion of the proceedings.
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`If a settlement is reached, the parties should immediately notify the Court so the case may
`be removed from the Court’s trial docket.
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`PRETRIAL MOTIONS
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`No motion (other than a motion in limine) may be filed after this date except for good
`cause. The deadline to file motions (including dispositive motions and Daubert motions) is
`_______________________. 7 This deadline is also applicable to the filing of any summary
`judgment motion under Fed. R. Civ. P. 56 and any defense of qualified immunity. Leave of court
`is automatically given to file motions, responses, and replies not to exceed 30 pages in length.8
`Fed. R. Civ. P. 6(d) does not apply to the time limits set forth in Local Rule CV-7 for responses
`and replies to motions.
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`6 Generally 180 days from date of this order.
`7 This date should not be any later than 90 days before the case is scheduled for trial in order to allow the Court
`adequate time to rule.
`8 This supersedes the page limit specified in TXWD Local Rules CV-7(d)-(f).
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`Case 5:23-cv-01256-XR Document 14 Filed 02/06/24 Page 7 of 9
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`WITNESS LIST, EXHIBIT LIST, AND PRETRIAL DISCLOSURES
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`The deadline for filing Rule 26(a)(3) disclosures is _______________.
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`The deadline for filing objections under Rule (26)(a)(3) is _________________. Any
`objections not made will be deemed waived.
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`JOINT PRETRIAL ORDER AND MOTION IN LIMINE
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`The deadline to file a Final Joint Pretrial Order and any motion in limine is
`_____________________.
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`All attorneys are responsible for preparing the Final Joint Pretrial Order, which must
`contain the following:
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`(1) a short statement identifying the Court’s jurisdiction. If there is an unresolved
`jurisdictional question, state it;
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`(2) a brief statement of the case, one that the judge could read to the jury panel for an
`introduction to the facts and parties;
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`(3) a summary of the remaining claims and defenses of each party;
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`(4) a list of facts all parties have reached agreement upon;
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`(5) a list of contested issues of fact;
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`(6) a list of the legal propositions that are not in dispute;
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`(7) a list of contested issues of law;
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`(8) a list of all exhibits expected to be offered. Counsel will make all exhibits available for
`examination by opposing counsel. All documentary exhibits must be exchanged before the
`final pre-trial conference. The exhibit list should clearly reflect whether a particular exhibit
`is objected to or whether there are no objections to the exhibit;
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`(9) a list of the names and addresses of witnesses who may be called with a brief statement
`of the nature of their testimony;
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`(10) an estimate of the length of trial;
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`(11) for a jury trial, include (a) proposed questions for the voir dire examination, and (b) a
`proposed charge, including instructions, definitions, and special interrogatories, with
`authority;
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`(12) for a nonjury trial, include (a) proposed findings of fact and (b) proposed conclusions
`of law, with authority;
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`(13) the signatures of all attorneys; and
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`(14) a place for the date and the signature of the presiding judge.
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`FINAL PRETRIAL CONFERENCE
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`The Final Pretrial Conference shall be held on [THIS DATE WILL BE COMPLETED BY
`THE COURT] ___________________________.
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`Motions in limine, if any, will be heard on this date. Counsel should confer prior to this
`hearing on any issues raised in a motion in limine or the Joint Pretrial Order. Any party intending
`to use a demonstrative exhibit should provide the same to opposing counsel at least 3 days prior to
`the Final Pretrial conference so that if any objections or issues are raised about the demonstrative
`exhibit, they can be addressed at the final pretrial conference.
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`TRIAL
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`The [Bench/Jury] Trial Date is [PARTIES MAY SUGGEST A TRIAL DATE. IT IS
`RECOMMENDED THAT THE PARTIES CONTACT THE COURTROOM DEPUTY TO
`DETERMINE AVAILABILITY ON THE COURT CALENDAR] ______________________.
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`Case 5:23-cv-01256-XR Document 14 Filed 02/06/24 Page 9 of 9
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`SAN ANTONIO DIVISION
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`M.E.A.C. ENGINEERING LTD,
`Plaintiff
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`v.
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`3M COMPANY,
`Defendant
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` Case No. SA-23-CA-01256-XR
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`JOINT FED. R. CIV. P. 26 REPORT
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`1. Are there any outstanding jurisdictional issues? For removed cases based on diversity
`jurisdiction, do the parties agree that the amount in controversy exceeded $75,000 at the
`time of removal? If not, each party should state its position on the amount in controversy.
`2. Are there any unserved parties? If more than 90 days have passed since the filing of the
`Complaint or petition, should these unserved parties be dismissed?
`3. What are the causes of action, defenses, and counterclaims in this case? What are the
`elements of the cause(s) of action, defenses, and counterclaims pled?
`4. Are there any agreements or stipulations that can be made about any facts in this case or
`any element in the cause(s) of action?
`5. State the parties’ views and proposals on all items identified in Fed. R. Civ. P. 26(f)(3).
`6. What, if any, discovery has been completed? What discovery remains to be done? Have
`the parties considered conducting discovery in phases?
`7. What, if any, discovery disputes exist?
`8. Have the parties discussed the desirability of filing a proposed order pursuant to Federal
`Rule of Evidence 502?
`9. Have the parties discussed mediation?
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