Order Governing Proceedings

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

UNITED STATES OF AMERICA,
ex rel. PAUL PIETSCHNER

v.

KATHRYN PETRALIA, ET AL.
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CIVIL NO. 4:21-CV-110-SDJ

ORDER GOVERNING PROCEEDINGS
This Order shall govern proceedings in this case. The following deadlines are
hereby set:

1.
Rule 26(f) attorney conference on or before: April 16, 2025.

2.
Complete initial mandatory disclosures required by this Order: April
28, 2025.

3.
File joint report of attorney conference: May 2, 2025. This should follow
initial mandatory disclosures, so a realistic proposal regarding
depositions and other discovery can be included.

4.
The case is SET for a Rule 16 management conference on
Wednesday, May 28, 2025, at 10:00 a.m. at the United States
Courthouse, 7940 Preston Road, Plano, Texas 75024. Lead counsel for
each party, with authority to bind their respective clients, and all
unrepresented parties, shall be present. Continuance of the
management conference will not be allowed absent a showing of good
cause.1
SETTLEMENT

If the parties reach a settlement or other resolution of the case, Plaintiff’s
counsel shall immediately submit a notice advising the Court of the status of the case.
If such notice is not submitted to the Court, the Court may order counsel to
appear at a hearing to address the failure to submit a timely notice.

1 Before the case management conference, counsel and unrepresented parties should
review the most recent versions of the Federal Rules of Civil Procedure and the Local Rules
for the Eastern District of Texas. The Local Rules are available on the Eastern District of
Texas website (www.txed.uscourts.gov).
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Thereafter, the Court may enter such orders as are just and necessary to ensure
prompt resolution of the case.
RULE 26(f) ATTORNEY CONFERENCE

Rule 26(f) requires attorneys of record and all unrepresented parties to confer
and attempt in good faith to agree on a proposed scheduling order, see Appendix 1,
and to electronically file a joint report outlining their proposals. The conference may
be by telephone.

Before commencing the Rule 26(f) conference, counsel must discuss settlement
options with their clients, including whether an offer or demand should be made at
the Rule 26(f) attorney conference. Counsel should also inquire whether their clients
are amenable to trial before a United States magistrate judge. Parties willing to
consent should file the appropriate form electronically (see form on Eastern District
of Texas website) as soon as possible, so that the case can be reset for management
conference before the magistrate judge to whom the case is assigned.

The parties must include the following matters in the joint conference report:

1.
A brief factual and legal synopsis of the case.

2.
The jurisdictional basis for this suit.

3.
A list of the correct names of the parties to this action and any
anticipated additional or potential parties.

4.
A list of any cases related to this case pending in any state or federal
court, identifying the case numbers and courts along with an
explanation of the status of those cases.

5.
Confirmation that the initial disclosures required by Rule 26(a)(1) and
this Order have been completed.

6.
Proposed scheduling order deadlines. Appendix 1 has the standard
deadlines. Explain any deviations from the standard schedule. Now is
the time to inform the Court of any special complexities or need
for more time before the trial setting. The standard schedule is
planned so that there is time to rule on dispositive motions before
parties begin final trial preparation.

7.
Description, in accordance with Rule 26(f), of the following:
(i)
The subjects on which discovery may be needed, when discovery
should be completed, and whether discovery should be conducted
in phases or be limited to or focused on particular issues.
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(ii)
Any issues relating to disclosure or discovery of electronically
stored information (“ESI”), including the form or forms in which
it should be produced (whether native or some other reasonably
usable format) as well as any methodologies for identifying or
culling the relevant and discoverable ESI. Any disputes regarding
ESI that counsel for the parties are unable to resolve during their
conference must be identified in the report.
(iii)
Any agreements or disputes relating to asserting claims of
privilege or preserving discoverable information, including ESI
and any agreements reached under Federal Rule of Evidence 502
(such as the potential need for a protective order and any
procedures to which the parties might agree for handling
inadvertent production of privileged information and other
privilege waiver issues). A party asserting that any information
is confidential should immediately apply to the Court for entry of
a protective order.
(iv)
Any changes that should be made in the limitations on discovery
imposed by the Rules, whether federal or local, and any other
limitations that should be imposed.
(v)
Whether any other orders should be entered by the Court
pursuant to Federal Rule of Civil Procedure 26(c) or Rule 16(b),
(c).

8.
Statement of the progress made toward settlement and the present
status of settlement negotiations, including whether a demand and/or
an offer has been made. If the parties have agreed upon a mediator, also
state the name, address, and phone number of that mediator and a
proposed deadline for mediation. An early date is encouraged to reduce
expenses. The Court will appoint a mediator if none is agreed upon.
9.
The identity of persons expected to be deposed.

10.
Estimated trial time and whether a jury demand has been timely made.

11.
The names of the attorneys who will appear on behalf of the parties at
the management conference (the appearing attorney must be an
attorney of record and have full authority to bind the client).

12.
Whether the parties jointly consent to trial before a magistrate judge.

13.
Any other matters that counsel deem appropriate for inclusion in the
joint conference report or that deserve the special attention of the Court
at the management conference.
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DISCOVERY

Initial mandatory disclosures shall include the following, in addition to any
other information required by Rule 26(a)(1):

1.
The correct names of the parties to the action.

2.
The name and, if known, address and telephone number of any potential
parties to the action.

3.
The name and, if known, the address and telephone number of persons
having knowledge of facts relevant to the claim or defense of any party,
a brief characterization of their connection to the case, and a fair
summary of the substance of the information known by such person.
This may be combined with the list of persons required under Rule
26(a)(1)(A)(i) so two lists are not needed.

4.
The authorizations described in Local Rule CV-34.

5.
A copy of all documents, ESI, witness statements, and tangible things
in the possession, custody, or control of the disclosing party that are
relevant to the claim or defense of any party. This may be combined with
disclosures under Rule 26(a)(1)(A)(ii) so duplication is avoided. In cases
involving a disproportionate burden of disclosure of a large number of
documents on one party, the parties may agree on prior inspection to
reduce the need for copies. Parties are encouraged to agree upon
provision of information by electronic means. See Local Rule CV-26(d)
for the meaning of “relevant to the claim or defense of any party.”

A party that fails to timely disclose such information will not, unless
such failure is harmless, be permitted to use such evidence at trial, at a
hearing, or in support of a motion. A party is not excused from making its
disclosures because it has not fully completed its investigation of the case. Moreover,
the proportionality standard set forth in Rule 26(b)(2)(C) should be applied in each
case when formulating a discovery control plan. To further the application of the
proportionality standard in discovery, requests for production of ESI and related
responses should be reasonably targeted, clear, and as specific as practicable.

Early Rule 34 requests may be delivered in compliance with Rule 26(d)(2).
However, these requests are not considered served until the Rule 26(f) conference has
occurred. All other discovery shall not commence until the Rule 26(f) conference. See
FED. R. CIV. P. 26(d), 34. Depositions may be taken, and initial mandatory disclosures
shall occur, before the Rule 16 management conference, so that counsel are in a
position to intelligently discuss additional required discovery and scheduling of the
case.
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Following the management conference, the Court will enter a
scheduling order setting deadlines controlling disposition of the case. If the
Court concludes that a management conference is not necessary after
receiving the parties’ Rule 26(f) report, it may enter a scheduling order and
cancel the management conference.

The fact that the scheduling order will have a deadline for completion of
discovery is NOT an invitation, or authorization, to withhold documents or
information required to be disclosed as part of initial mandatory disclosures under
the guise of “supplementation.” Attorneys are expected to review their clients’ files
and to conduct at least preliminary interviews of their clients and potential witnesses
under their control so as to fully comply with the initial mandatory disclosure
requirements by the deadline set in this order. This will allow experts to be timely
identified and prepared to testify, witnesses to be efficiently deposed, and any follow-
up paper discovery to be completed by the deadline to be set for completion of
discovery. The Court expects that, in most cases, after reading the pleadings and
having a frank discussion of the issues and discovery during the Rule 26 attorney
conference, a review of the opposing party’s initial disclosures should alert an
attorney to any remaining information which should have been disclosed, so that such
information can be provided before the Rule 16 management conference.
DISCOVERY DISPUTES

In the event the parties encounter a discovery dispute, neither party may file
a motion to compel or motion for protective order until after the parties fulfill the
“meet and confer” requirement imposed by this Court’s Local Rule CV-7(h). If the
parties are unable to resolve the dispute without court intervention, the parties must
then call the Court’s chambers to schedule a telephone conference regarding the
subject matter of the dispute prior to filing any motion to compel or motion for
protective order. After reviewing the dispute, the Court will resolve the dispute, order
the parties to file an appropriate motion, or direct the parties to call the discovery
hotline.

A magistrate judge is available during business hours to immediately hear
discovery disputes and to enforce provisions of the rules. The hotline number is (903)
590-1198. See Local Rule CV-26(e).
CONTESTED MOTION PRACTICE

Counsel and parties shall comply with Local Rules CV-7, 10, 11, and 56, in
addition to the Federal Rules of Civil Procedure. Local Rule CV-7 requires you to
attach affidavits and other supporting documents to the motion or response. Labeled
tabs on the attachments to the courtesy copy will make it easier to find them.

If a document filed electronically exceeds twenty (20) pages in length, including
attachments, a paper copy of the filed document must be sent contemporaneously to
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Judge Jordan’s chambers in Plano. The parties are also encouraged, although not
required, to send a paper copy of any document ten (10) pages or more in length,
including attachments, to Judge Jordan’s chambers.

Pursuant to Local Rule CV-7(b), highlight in the courtesy copy the portions of
the affidavits or other supporting documents which are cited in your motion or
response.

Any reply or sur-reply must be filed in accordance with Local Rule CV-6 and
Local Rule CV-7(f). The parties are reminded that “[t]he court need not wait for the
reply or sur-reply before ruling on the motion.” Local Rule CV-7(f) (emphasis added).
SAFEGUARDING PERSONAL INFORMATION

The Judicial Conference of the United States has implemented policies to
protect sensitive private information about parties, witnesses, and others involved in
a civil, criminal, or bankruptcy case. To that end, all documents filed with the Court
and made available to the public, whether electronically or on paper, should limit
certain information as follows:
• for Social Security numbers, use only the last four digits;
• for financial account numbers, use only the last four digits;
• for names of minor children, use only their initials;
• for dates of birth, use only the year; and
• (in criminal cases) for home addresses, use only the city and state.

If such information is elicited during testimony or other court proceedings, it
will become available to the public when the official transcript is filed at the
courthouse unless and until it is redacted. The better practice is for you to avoid
introducing this information into the record in the first place. Please take this into
account when questioning witnesses or making other statements in court.
FAILURE TO SERVE

Any defendant who has not been served with the summons and complaint
within 90 days after the filing of the complaint shall be dismissed, without further
notice, unless prior to such time the party on whose behalf such service is required
shows good cause why service has not been made. See FED. R. CIV. P. 4(m).
FICTITIOUS PARTIES

The name of every party shall be set out in the complaint. See FED. R. CIV. P.
10(a). The use of fictitious names is disfavored by federal courts. See, e.g., Doe v. Blue
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Cross & Blue Shield, 112 F.3d. 869 (7th Cir. 1997). It is hereby ORDERED that this
action be DISMISSED as to all fictitious parties. Dismissal is without prejudice to
the right of any party to take advantage of the provisions of Rule 15(c).
COMPLIANCE

Attorneys and pro se litigants who appear in this Court must comply with the
deadlines set forth in the Federal Rules of Civil Procedure, the Local Rules for the
Eastern District of Texas, and this Order. A party is not excused from the
requirements of a Rule or scheduling order by virtue of the fact that
dispositive motions are pending, the party has not completed its
investigation, the party challenges the sufficiency of the opposing party’s
disclosures, or because another party has failed to comply with this Order
or the rules.

Failure to comply with relevant provisions of the Local Rules, the Federal
Rules of Civil Procedure, or this Order may result in the exclusion of evidence at trial,
the imposition of sanctions by the Court, or both. Counsel are reminded of Local Rule
AT-3, particularly AT-3(i), (j).

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____________________________________
SEAN D. JORDAN
UNITED STATES DISTRICT JUDGE
So ORDERED and SIGNED this 25th day of March, 2025.

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Appendix 1

PROPOSED SCHEDULING ORDER DEADLINES

The following actions shall be completed by the dates indicated.1 (The times
indicated are the standard for most cases. Counsel should be prepared to explain
the need for requested changes).

________________________
1 week after mgmt. conf.

Deadline for motions to transfer.

________________________
6 weeks after mgmt. conf.

Deadline to add parties.

________________________
10 weeks after mgmt.
conf.

Disclosure of expert testimony pursuant to FED.
R. CIV. P. 26(a)(2) and Local Rule CV-26(b) on
issues for which the party bears the burden of
proof.

________________________
12 weeks after mgmt.
conf.

Deadline for Plaintiff to file amended pleading.
(A motion for leave to amend is required.)

________________________
14 weeks after mgmt.
conf.

Disclosure of expert testimony pursuant to FED.
R. CIV. P. 26(a)(2) and Local Rule CV-26(b) on
issues for which the party does not bear the
burden of proof.

________________________
14 weeks after mgmt.
conf.

Deadline for Defendant’s final amended
pleadings.2 (A motion for leave to amend is
required.)

16 weeks after mgmt.
conf.

Deadline to object to expert testimony on issues
for which the party seeking to introduce that
testimony bears the burden of proof. Objection
shall be made as a motion to strike or limit
expert testimony and shall be accompanied by a
copy of the expert’s report in order to provide the
Court with all the information necessary to
make a ruling on any objection.

1 If a deadline falls on a Saturday, Sunday, or a legal holiday as defined in FED. R.
CIV. P. 6, the effective date is the first federal court business day following the deadline
imposed.

2 Except as otherwise provided by Federal Rule of Civil Procedure 12(a)(4).
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18 weeks after mgmt.
conf.

Deadline to object to expert testimony on issues
for which the party seeking to introduce that
testimony does not bear the burden of proof.
Objection shall be made as a motion to strike or
limit expert testimony and shall be accompanied
by a copy of the expert’s report in order to
provide the Court with all the information
necessary to make a ruling on any objection.

22 weeks after mgmt.
conf.

Deadline by which the parties shall notify the
Court of the name, address, and telephone
number of the agreed-upon mediator, or request
that the Court select a mediator, if they are
unable to agree on one.

________________________
24 weeks after mgmt.
conf.

All discovery shall be commenced in time to be
completed by this date.

________________________
27 weeks after mgmt.
conf. but no later than
110 days prior to
deadline for
submission of Joint
Final Pretrial Order

Deadline for motions to dismiss, motions for
summary judgment, or other dispositive
motions.

________________________
28 weeks after mgmt.
conf.

Mediation must occur by this date.

________________________
6 weeks before final
pretrial conf.

Notice of intent to offer certified records.

________________________
6 weeks before final
pretrial conf.

Counsel and unrepresented parties are each
responsible for contacting opposing counsel and
unrepresented parties to determine how they
will prepare the Joint Final Pretrial Order and
Joint Proposed Jury Instructions and Verdict
Form (or Proposed Findings of Fact and
Conclusions of Law in non-jury cases).

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________________________
5 weeks before final
pretrial conf.

Video Deposition Designation due. Each party
who proposes to offer a deposition by video shall
serve on all other parties a disclosure identifying
the line and page numbers to be offered. All
other parties will have seven calendar days to
serve a response with any objections and
requesting cross examination line and page
numbers to be included. Counsel must consult on
any objections and only those which cannot be
resolved shall be presented to the Court. The
party who filed the initial Video Deposition
Designation is responsible for preparation of the
final edited video in accordance with all parties’
designations and the Court’s rulings on
objections.

________________________
30 days before final
pretrial conf.

Motions in limine due.

File Joint Final Pretrial Order. See
http://www.txed.uscourts.gov/?q=forms/misc

________________________
2 weeks before final
pretrial conf.

Response to motions in limine due.3

File objections to witnesses, deposition extracts,
and exhibits, listed in pre-trial order.4 (This does
not extend deadline to object to expert
witnesses.)

File Proposed Jury Instructions/Form of Verdict
(or Proposed Findings of Fact and Conclusions of
Law).

Filed Proposed Voir Dire Questions.

3 This is not an invitation or requirement to file written responses. Most motions in
limine can be decided without a written response. However, if there is a particularly difficult
or novel issue, the Court needs some time to review the matter. To save time and space,
respond only to items objected to. All others will be considered to be agreed. Opposing counsel
shall confer in an attempt to resolve any dispute over the motions in limine within five
calendar days of the filing of any response. The parties shall notify the Court of all the issues
which are resolved.

4 Within five calendar days after the filing of any objections, opposing counsel shall
confer to determine whether objections can be resolved without a court ruling. The parties
shall notify the Court of all issues which are resolved. The Court needs a copy of the exhibit
or the pertinent deposition pages to rule on the objection.
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Date will be set by Court.
Usually within 10 days
prior to final pretrial
conf.

If numerous objections are filed, the Court may
set a hearing to consider all pending motions
and objections.

05/13/2026

Final Pretrial Conference at 9:00 a.m. at the
United States Courthouse located at 7940
Preston Road, Plano, Texas 75024. Parties
should be prepared to try case. All cases on the
Court’s Final Pretrial Conference docket for this
day have been set at 9:00 a.m. However, prior to
the Final Pretrial Conference date, the Court
will set a specific time between 9:00 a.m. and
4:00 p.m. for each case, depending on which
cases remain on the Court’s docket.

To be determined

10:00 a.m. jury selection and trial (or bench
trial) at the United States Courthouse located at
7940 Preston Road, Plano, Texas 75024. Cases
that remain for trial following the Court’s
Pretrial docket will be tried between June 1,
2026, and June 30, 2026. A specific trial date
in this time frame will be selected at the Final
Pretrial Conference.

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