Proposed Scheduling Order — United States ex rel. Pietschner v. Petralia, Frohwein and Robinson (docketed as Pietschner v. Kabbage) (Dkt. 87-1, E.D. Tex.)
Summary
A proposed scheduling order, Document 87-1, 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 May 2, 2025. It sets out a table of events with columns for a standard deadline, the United States' proposal and the Defendants' proposal. Events listed include the Rule 26(f) attorney conference, initial mandatory disclosures, a Rule 16 management conference, motions to transfer, fact discovery, expert testimony, mediation, motions in limine and a Final Pretrial Conference. The Rule 26(f) attorney conference is listed on or before April 16, 2025.
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Cite this document
“Proposed Scheduling Order — United States ex rel. Pietschner v. Petralia, Frohwein and Robinson (docketed as Pietschner v. Kabbage) (Dkt. 87-1, E.D. Tex.).”
Original at ecf.txed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/proposed-order-proposed-scheduling-order-pietschner-v-kabbage-dkt-87-1-591789466d/
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Case 4:21-cv-00110-SDJ Document 87-1 Filed 05/02/25 Page 1 of 5 PageID #: 907
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 SCHEDULING ORDER
Standard United States’ Defendants’
Event
Deadline Proposal Proposal
On or before On or before On or before
Rule 26(f) attorney conference
April 16, 2025 April 16, 2025 April 16, 2025
Deadline to complete initial
April 28, 2025 April 28, 2025 April 28, 2025
mandatory disclosures
Deadline to file joint report of
May 2, 2025 May 2, 2025 May 2, 2025
attorney conference
Rule 16 management conference at
10:00am at the United States
May 28, 2025 May 28, 2025 May 28, 2025
Courthouse, 7940 Preston Road,
Plano, Texas 75024
Deadline for motions to transfer July 4, 2025 June 4, 2025 June 25, 2025
Deadline to add parties July 9, 2025 July 9, 2025 July 30, 2025
Deadline to assert advice of counsel December 4,
(not specified) none
defense 2025
1
Case 4:21-cv-00110-SDJ Document 87-1 Filed 05/02/25 Page 2 of 5 PageID #: 908
Standard United States’ Defendants’
Event
Deadline Proposal Proposal
Deadline for fact discovery January 31,
(not specified) June 4, 2026
2026
Disclosure of expert testimony July 16, 2026 February 10,
August 6, 2025
pursuant to FED. R. CIV. P. 26(a)(2) (all parties’ 2026 (all
and September
and Local Rule CV-26(b) (both initial expert parties’ initial
3, 2025
sides). reports) expert reports)
Deadline for Plaintiff to file
August 20, February 24,
amended pleading. (A motion for July 30, 2026
2025 2026
leave to amend is required.)
Disclosure of rebuttal expert
testimony pursuant to FED. R. CIV. September 10,
(not specified) March 10, 2026
P. 26(a)(2) and Local Rule CV- 2026
26(b) (both sides) .
Deadline for Defendant’s final
September 3, August 15,
amended pleadings. (A motion for March 10, 2026
2025 2026
leave to amend is required.)
November 12,
October 10,
Deadline for expert discovery 2025 (all May 11, 2026
2026
discovery)
Deadline to object to expert
testimony on for both parties.
Objection shall be made as a
motion to strike or limit expert
September 17, November 1,
testimony and shall be June 8, 2026
2025 and 2026 (all
accompanied by a copy of the (all parties)
October 1, 2025 parties)
expert’s report in order to provide
the Court with all the information
necessary to make a ruling on any
objection.
Deadline by which the parties shall
notify the Court of the name,
address, and telephone number of
October 29, November 1,
the agreed-upon mediator, or June 11, 2026
2025 2026
request that the Court select a
mediator, if they are unable to
agree on one.
2
Case 4:21-cv-00110-SDJ Document 87-1 Filed 05/02/25 Page 3 of 5 PageID #: 909
Standard United States’ Defendants’
Event
Deadline Proposal Proposal
Deadline for motions to dismiss,
December 3, November 20,
motions for summary judgement, or June 30, 2026
2025 2026
other dispositive motions.
December 10, January 31,
Mediation must occur by this date. July 20, 2026
2025 2027
Deadline for responses to motions
to dismiss, motions for summary January 31, August 31,
(not specified)
judgement, or other dispositive 2027 2026
motions
Notice of intent to offer certified
records.
Counsel and unrepresented parties
are each responsible for contacting
opposing counsel and
unrepresented parties to determine April 1, 2026 February 19, September 8,
how they will prepare the Joint 2027 2026
Final Pretrial Order and Joint
Proposed Jury Instructions and
Verdict Form (or Proposed
Findings of Fact and Conclusions
of Law in non-jury cases).
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 February 26, September 15,
April 8, 2026
examination line and page numbers 2027 2026
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
3
Case 4:21-cv-00110-SDJ Document 87-1 Filed 05/02/25 Page 4 of 5 PageID #: 910
Standard United States’ Defendants’
Event
Deadline Proposal Proposal
with all parties’ designations and
the Court’s rulings on objections.
Motions in limine due. September 18,
April 13, 2026 March 2, 2027
2026
File Joint Final Pretrial Order. See
September 18,
http://www.txed.uscourts.gov/?q=f April 13, 2026 March 2, 2027
2026
orms/misc
Response to motions in limine due.
File objections to witnesses,
deposition extracts, and exhibits,
listed in pre-trial order. (This does
not extend deadline to object to
expert witnesses.)
April 29, 2026 March 19, 2027 October 9, 2026
File Proposed Jury
Instructions/Form of Verdict (or
Proposed Findings of Fact and
Conclusions of Law).
Filed Proposed Voir Dire
Questions.
Date will be set Date will be set Date will be set
If numerous objections are filed, by Court. by Court. by Court.
the Court may set a hearing to Usually within Usually within Usually within
consider all pending motions and 10 days prior to 10 days prior to 10 days prior to
objections. final pretrial final pretrial final pretrial
conf. conf. conf.
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 May 13, 2026 October 30,
April 2, 2027
Conference docket for this day 2026
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,
4
Case 4:21-cv-00110-SDJ Document 87-1 Filed 05/02/25 Page 5 of 5 PageID #: 911
Standard United States’ Defendants’
Event
Deadline Proposal Proposal
depending on which cases remain
on the Court’s docket.
10:00 a.m. jury selection and trial
(or bench trial) at the United States
Courthouse located at 7940 Preston November 2,
Road, Plano, Texas 75024. Cases April 5, 2027 – 2026 –
that remain for trial following the June 1, 2026- April 23, 2027 November 20,
Court’s Pretrial docket will be tried June 30, 2026 2026
between June 1, 2026, and June 30, (3 weeks)
2026. A specific trial date in this (3 weeks)
time frame will be selected at the
Final Pretrial Conference.
5
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