Scheduling Order — United States ex rel. Paul Pietschner v. Kathryn Petralia (Document 96, filed May 30, 2025)

Summary

Scheduling Order filed May 30, 2025 as Document 96 in United States of America ex rel. Paul Pietschner v. Kathryn Petralia, et al., Civil No. 4:21-CV-110-SDJ, U.S. District Court for the Eastern District of Texas, Sherman Division. The order sets a deadline of 06/04/2026 for fact discovery to be completed, 10/10/2026 for expert discovery, 11/20/2026 for motions to dismiss, motions for summary judgment or other dispositive motions, and 01/31/2027 for mediation. It sets the Final Pretrial Conference for 04/02/2027 at 9:00 a.m. at the United States Courthouse in Plano, Texas, and states that cases remaining for trial will be tried between April 5, 2027, and April 23, 2027. Further sections address discovery disputes, compliance and trial logistics, and the signature block names United States District Judge Sean D. Jordan. The order is seven pages.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cited in: Kabbage / K Servicing · Kathryn Petralia · Robert Frohwein

Cite this document

“Scheduling Order — United States ex rel. Paul Pietschner v. Kathryn Petralia (Document 96, filed May 30, 2025).” Original at ecf.txed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-pietschner-v-kabbage-dkt-96-e-d-tex-e6f2e97f0e/, SHA-256 d04adf26e1ba39b1f44cf7f9393d8f8430967c6c5e7121fbeae9621ca61124dd.

Full text

Case 4:21-cv-00110-SDJ Document 96 Filed 05/30/25 Page 1 of 7 PageID #: 1029

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

UNITED STATES OF AMERICA §
ex rel. PAUL PIETSCHNER §
§
v. § CIVIL NO. 4:21-CV-110-SDJ
§
KATHRYN PETRALIA, ET AL. §

SCHEDULING ORDER

After reviewing the case-management report required by Federal Rule of Civil
Procedure 26(f), the Court enters this case-specific order, which controls the
disposition of this action pending further order of the Court. The following actions
shall be completed by the dates indicated.1

DEADLINES

06/10/2025 Deadline for motions to transfer.

07/09/2025 Deadline to add parties.

12/04/2025 Deadline to assert advice of counsel defense

06/04/2026 All fact discovery shall be commenced in time to be
completed by this date.

07/16/2026 Disclosure of expert testimony pursuant to Federal
Rule of Civil Procedure 26(a)(2) and Local Rule
CV-26(b) on issues for which the party bears the
burden of proof.

07/16/2026 Disclosure of expert testimony pursuant to Federal
Rule of Civil Procedure 26(a)(2) and Local Rule
CV-26(b) on issues for which the party does not bear
the burden of proof.

07/30/2026 Deadline for Plaintiff to file amended pleadings.
(A motion for leave to amend is required.)

1 If a deadline falls on a Saturday, Sunday, or a legal holiday as defined in Federal

Rule of Civil Procedure 6, the effective date is the first business day following the deadline
imposed.

1
Case 4:21-cv-00110-SDJ Document 96 Filed 05/30/25 Page 2 of 7 PageID #: 1030

08/15/2026 Deadline for Defendant to file final amended
pleadings.2 (A motion for leave to amend is
required.)

09/10/2026 Disclosure of rebuttal expert testimony pursuant to
FED. R. CIV. P. 26(a)(2) and Local Rule CV-26(b)
(both sides) .

10/10/2026 All expert discovery shall be commenced in time to be
completed by this date.

11/01/2026 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
by 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.

11/01/2026 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 by 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.

11/01/2026 Date 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.

11/20/2026 Deadline for motions to dismiss, motions for
summary judgment, or other dispositive motions.
Deadline for motion for leave to designate
responsible third party.

01/31/2027 Deadline for responses to motions to dismiss,
motions for summary judgement, or other
dispositive motions.

01/31/2027 Mediation must occur by this date.

2 Except as otherwise provided by Federal Rule of Civil Procedure 12(a)(4).

2
Case 4:21-cv-00110-SDJ Document 96 Filed 05/30/25 Page 3 of 7 PageID #: 1031

02/19/2027 Notice of intent to offer certified records.

02/19/2027 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, see
(www.txed.uscourts.gov), and Joint Proposed Jury
Instructions and Verdict Form (or Proposed
Findings of Fact and Conclusions of Law in non-jury
cases).

02/26/2027 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.

03/02/2027 Motions in limine due.

03/02/2027 File Joint Final Pretrial Order.3

03/19/2027 Response to motions in limine due.4

3 A form Joint Final Pretrial Order can be found on the Court’s website, available at:

http://www.txed.uscourts.gov/?q=judge/judge-sean-jordan.

4 This is not an invitation or requirement to file written responses. Most motions in

limine can be decided without a written response. But, 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.

3
Case 4:21-cv-00110-SDJ Document 96 Filed 05/30/25 Page 4 of 7 PageID #: 1032

03/19/2027 File objections to witnesses, deposition extracts, and
exhibits, listed in pre-trial order.5 (This does not
extend the deadline to object to expert witnesses.)
Provide the exhibit objected to in the motion or
response. If numerous objections are filed, the Court
may set a hearing prior to docket call.

03/19/2027 File Proposed Jury Instructions/Form of Verdict (or
Proposed Findings of Fact and Conclusions of Law).

03/19/2027 File Proposed Voir Dire Questions.

Date will be set by If numerous objections are filed, the Court may set a
Court, usually within hearing to consider all pending motions and
10 days prior to objections.
pretrial conf.

04/02/2027 Final Pretrial Conference at 9:00 a.m. at the United
States Courthouse located at 7940 Preston Road in
Plano, Texas. Parties should be prepared to try the
case on this date. 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 Jury selection and trial (or bench trial) at 10:00 a.m.
at the United States Courthouse located at 7940
Preston Road in Plano, Texas. Cases that remain for
trial following the Court’s Pretrial docket will be
tried between April 5, 2027, and April 23, 2027. A
specific trial date in this time frame will be selected
at the Final Pretrial Conference.

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.

5 Within five calendar days after the filing of any objections, opposing counsel shall

confer to determine whether objections can be resolved without a 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.

4
Case 4:21-cv-00110-SDJ Document 96 Filed 05/30/25 Page 5 of 7 PageID #: 1033

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.
Thereafter, the Court may enter such orders as are just and necessary to ensure
prompt resolution of the case.

SCOPE OF DISCOVERY

Modification. Taking into account the needs of the case, the amount in
controversy, the parties’ resources, the importance of the issues at stake in the
litigation, and the importance of the proposed discovery in resolving the issues, the
Court modifies the parameters of discovery in the following respects. See Fed. R. Civ.
P. 26(b)(2).

Disclosure. The parties are reminded of the requirement, set out in this Court’s
Initial Order Governing Proceedings, to have already disclosed, without awaiting a
discovery request, information in addition to that required by Federal Rule of Civil
Procedure 26, including names of persons likely to have, and documents containing,
information “relevant to the claim or defense of any party.”

If there are any questions about whether information is “relevant to the claim
or defense of any party” review Local Rule CV-26(d). A party that fails to timely
disclose any of the information required to be disclosed by order of this Court or by
the Federal Rules of Procedure, will not, unless such failure is harmless, be permitted
to use such evidence at trial, hearing or in support of a motion.

Electronic Discovery. Electronically stored information will be produced in
hard copy form or multi-page TIFF format, unless the parties agree otherwise.

The parties are excused from the pretrial disclosure requirements set forth in
Federal Rule of Civil Procedure 26(a)(3), as such disclosure is cumulative of this
Court’s pre-trial order procedures.

DISCOVERY DISPUTES

In the event the parties encounter a discovery dispute, neither party may file
a motion to compel or motion for protective order6 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.

6 For clarity, this limit on the filing of motions for protective order extends only to

those being filed in response to a discovery dispute between the parties.

5
Case 4:21-cv-00110-SDJ Document 96 Filed 05/30/25 Page 6 of 7 PageID #: 1034

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).

RESOURCES

The Eastern District of Texas website (http://www.txed.uscourts.gov) contains
information about electronic filing, which is mandatory, Local Rules, telephone
numbers, general orders, frequently requested cases, the Eastern District fee
schedule, and other information. The electronic filing HelpLine is 1-866-251-7534.

COMPLIANCE

A party is not excused from the requirements of this scheduling order because
dispositive motions are pending, the party has not completed its investigation, the
party challenges the sufficiency of the opposing party’s disclosure 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. If a fellow member of the Bar makes
a just request for cooperation or seeks scheduling accommodation, a lawyer will not
arbitrarily or unreasonably withhold consent. However, the Court is not bound to
accept agreements of counsel to extend deadlines imposed by rule or court order. See
Local Rule AT-3(j).

TRIAL

The deadlines for pre-trial matters, such as exchanging exhibits, and
objections, are intended to reduce the need for trial objections, side-bar conferences,
and repetitive presentation of evidentiary predicates for clearly admissible evidence.
Counsel should be familiar with the evidence display system available in the
courtroom. Copies of exhibits which will be handed to witnesses should be placed in
a three-ring binder, with an additional copy for the Court. (To make it easy to direct
the witness to the correct exhibit while on the stand, Plaintiff should use a dark
colored binder such as black or dark blue. Defendant should use a light-colored binder
such as white, red, or light blue.) Alternatively, if exhibits have been scanned and
will be presented via a computer projection system, be sure there is a way for the
Court to view or read them separately so as to be able to understand motions and
objections.

Counsel are responsible for informing their clients and witnesses about
courtroom dress requirements and protocol, such as silencing pagers and phones, and
not chewing gum, reading newspapers, or eating.

6
Case 4:21-cv-00110-SDJ Document 96 Filed 05/30/25 Page 7 of 7 PageID #: 1035

OTHER MATTERS

1. Please
. note the amendments to the Local Rules regarding motion practice. If
a document filed electronically exceeds ten pages in length, including
attachments, a paper copy of the filed document must be sent
contemporaneously to the undersigned’s chambers in Plano. See Local Rule
CV-5(a)(9). Courtesy copies over twenty pages long should be bound to the left,
and voluminous exhibits should be separated by dividers.

2. If necessary, the parties should notify the Court if assistance is needed in
selecting a mediator.
3. 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).

So ORDERED and SIGNED this 30th day of May, 2025.

____________________________________
SEAN D. JORDAN
UNITED STATES DISTRICT JUDGE

File and source

File: gov.uscourts.txed.204031.96.0.pdf
Size: 686,775 bytes
SHA-256: d04adf26e1ba39b1f44cf7f9393d8f8430967c6c5e7121fbeae9621ca61124dd
Our copy: gov.uscourts.txed.204031.96.0.pdf
Original: PACER (login required)