[Proposed] Amended Scheduling Order — United States ex rel. Pietschner v. Petralia, Frohwein and Robinson (docketed as Pietschner v. Kabbage) (Dkt. 108-1, E.D. Tex.)

Summary

A proposed amended scheduling order, Document 108-1, in United States of America ex rel. Paul Pietschner v. Kathryn Petralia, Robert Frohwein, and Spencer Robinson, Civil Action No. 4:21-cv-110-SDJ, in the U.S. District Court for the Eastern District of Texas, Sherman Division, filed February 9, 2026. It lists deadlines running from January 19, 2027 for completing fact discovery to a Final Pretrial Conference on April 28, 2028, including expert disclosures, dispositive motions and mediation by December 3, 2027. It states that the deposition limits are increased to permit up to 25 fact depositions per side. It also covers discovery disputes, settlement notices and trial matters.

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“[Proposed] Amended Scheduling Order — United States ex rel. Pietschner v. Petralia, Frohwein and Robinson (docketed as Pietschner v. Kabbage) (Dkt. 108-1, E.D. Tex.).” Original at ecf.txed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/proposed-amended-scheduling-order-pietschner-v-kabbage-dkt-108-1-e-d-t-aa20ba2ea8/, SHA-256 aab50032e37915d8354accf0899ad33f6852349326e7a17379e32916b457a7af.

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Case 4:21-cv-00110-SDJ Document 108-1 Filed 02/09/26 Page 1 of 7 PageID #:
1138

THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

UNITED STATES OF AMERICA
ex rel. PAUL PIETSCHNER,

Plaintiff,
Civil Action No.: 4:21-cv-110-SDJ
v.

KATHRYN PETRALIA;
ROBERT FROHWEIN; and
SPENCER ROBINSON,

Defendants.

[PROPOSED] AMENDED SCHEDULING ORDER

Upon consideration of the parties’ motion for entry of an amended scheduling order and
all pleadings and orders on file in this action, 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

01/19/2027 All fact discovery shall be commenced in time to be
completed by this date.

03/01/2027 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.
03/01/2027 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.
03/11/2027 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
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03/29/2027 Deadline for Defendant to file final amended
pleadings. 2 (A motion for leave to amend is required.)

04/23/2027 Disclosure of rebuttal expert testimony pursuant to
FED. R. CIV. P. 26(a)(2) and Local Rule CV-26(b)
(both sides).

05/24/2027 All expert discovery shall be commenced in time to be
completed by this date.

06/14/2027 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.

06/14/2027 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.

06/14/2027 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.

08/27/2027 Deadline for motions to dismiss, motions for
summary judgment, or other dispositive motions.
Deadline for motion for leave to designate
responsible third party.

10/26/2027 Deadline for responses to motions to dismiss, motions
for summary judgment, or other dispositive motions.

12/03/2027 Deadline for replies to motions to dismiss, motions for
summary judgment, or other dispositive motions.

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

2
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12/03/2027 Mediation must occur by this date.

02/29/2028 Notice of intent to offer certified records.

02/29/2028 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).

03/03/2028 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.

03/07/2028 Motions in limine due.

03/07/2028 File Joint Final Pretrial Order. 3

04/10/2028 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
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04/10/2028 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.

04/10/2028 File Proposed Jury Instructions/Form of Verdict (or
Proposed Findings of Fact and Conclusions of Law).

04/10/2028 File Proposed Voir Dire Questions.

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

04/28/2028 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 May 1, 2028, and May 19, 2028. 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. If such notice is not
submitted to the Court, the Court may order counsel to appear at a hearing to address the

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
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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.

Depositions. Pursuant to this Court’s March 25, 2025 Order Governing Proceedings (ECF
No. 69) and Rule 26(f) of the Federal Rules of Civil Procedure, the Parties submitted a Joint Rule
26(f) Conference Report on May 2, 2025 (ECF No. 77). In Section 7(iv) of the Report, the Parties
noted competing proposals for the number of depositions in this case. The deposition limits set
forth in Federal Rules of Civil Procedure 30(a)(2)(A)(i) and 31(a)(2)(A)(i) are hereby increased to
permit up to 25 fact depositions per side (i.e., by the plaintiffs, or by the defendants), with the
understanding that if a defendant invokes an advice-of-counsel defense, the parties will work in
good faith on a mutual increase in the number of depositions.

DISCOVERY DISPUTES

In the event the parties encounter a discovery dispute, neither party may file a motion to
compel or motion for protective order 6 until after the parties fulfill the “meet and confer”

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
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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).

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.

6
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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.

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).

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