;

=== Howell-Current-Scheduling-Order-To-Post.pdf ===

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION Plaintiff v. Defendant § § § § § § § No. 1: SCHEDULING ORDER Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court issues the following Scheduling Order: 1. The parties shall complete ADR in compliance with Local Rule CV-88 by ___________. A motion objecting to ADR must be filed not later than 60 days before that deadline. 2. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties by ___________, and each opposing party shall respond in writing by ___________. All offers of settlement are to be private, not filed, and the Court is not to be advised of the same. The parties are further ORDERED to retain the written offers of settlement and responses as the Court may use these in assessing attorney’s fees and court costs at the conclusion of trial. 3. The parties shall file all motions to amend or supplement pleadings or to join additional parties on or before _________. 4. 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) by ________. 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 _____________. All designations of rebuttal experts shall be FILED, and the materials required by Fed. R. Civ. P. 26(a)(2)(B) for such rebuttal experts, to the extent not already served, shall be SERVED, within 14 days of receipt of the report of the opposing expert. 5. An objection to the reliability of an expert’s proposed testimony under Federal Rule of Evidence 702 shall be made by motion, specifically stating the basis for the objection, and identifying the objectionable testimony, within 14 days of receipt of the written report of the expert’s proposed testimony, or within 14 days of the expert’s deposition, if a deposition is taken, whichever is later. 6. The parties shall complete all discovery on or before ___________. Counsel may by agreement continue discovery beyond the deadline, but there will be no intervention by the Court except in extraordinary circumstances, and no trial setting will be vacated because of information obtained in post-deadline discovery. 6. All dispositive motions shall be filed no later than _______________. The parties shall not complete the following paragraph. It will be completed by the Court at the initial pretrial conference to be scheduled by the Court. 2 7. This case is set for pretrial conference on _____________, at ________ and set for jury trial o n ______________, at_________. The parties should consult Local Rule CV-16(e) regarding matters to be filed in advance of trial. 8. The parties should consult Local Rule CV-16 regarding matters to be filed in advance of trial. The parties, however, are exempted from that portion of Local Rule CV-16 requiring that seven days prior to trial they file “a list disclosing any objections, together with the grounds therefore, that may be made to the admissibility of any exhibits.” In lieu of that requirement, the Court ORDERS that, after receiving the final exhibit list, the parties confer with each other to discuss, and resolve, if possible, any objections they may have to each other’s exhibits. The Court further ORDERS that the parties be prepared to inform the Court at the final pretrial conference of the exhibits to which there is no objection, and the exhibits to which objections remain for resolution by the Court. The Court will determine at the final pretrial conference whether to address at that time any evidentiary issues which may remain, or to reserve those matters for the trial. SIGNED DUSTIN M. HOWELL UNITED STATES MAGISTRATE JUDGE 3

=== Standing-Order-Regarding-Courtroom-Opportunities-for-Newer-Attorneys-090221.pdf ===

Standing Order Regarding Courtroom Opportunities for Newer Attorneys The Court recognizes a growing trend in which fewer cases go to trial and there generally are few opportunities for attorneys to speak in court. This is especially true for newer attorneys, that is, attorneys practicing for less than seven years (“Newer Attorney(s)”). Opportunities for Newer Attorneys to speak in federal court are rare. Accordingly, the Court strongly encourages litigants to be mindful of opportunities for Newer Attorneys to conduct oral argument, particularly where a Newer Attorney drafted or contributed significantly to a motion or response. The Court believes that all attorneys share the responsibility to assist in providing substantive experience to the next generation of lawyers and that the benefits of doing so accrue to Newer Attorneys, clients, and the profession generally. The Court strongly encourages all parties to keep this goal in mind. Recognizing the importance of developing future generations of practitioners through courtroom opportunities, the Court adopts the following procedures for oral argument on motions: 1. If a party would like a Newer Attorney to argue a motion, after the motion is ripe, the party should contact the courtroom deputy to request oral argument and inform the deputy that a Newer Attorney will argue the motion or a portion of the motion. 2. If such a request is made, the Court will: a. Grant the request for oral argument, if it is practicable to do so, even if the Court ordinarily would not permit oral argument on the motion. Where the Court is inclined to rule on the briefs, a representation that the argument would be handled by a Newer Attorney will weigh in favor of holding a hearing. b. Strongly consider allocating additional time for oral argument beyond what the Court otherwise may have allocated were a Newer Attorney not arguing. c. Permit more experienced counsel of record to speak on the motion as well, where appropriate, during oral argument. d. Notify opposing counsel if such a request is granted and ask opposing counsel to reciprocate by permitting a Newer Attorney to make its argument. All attorneys, including Newer Attorneys, will be held to the highest professional standards. All attorneys appearing in court are expected to be adequately prepared and thoroughly familiar with the factual record and applicable law, and to have a degree of authority commensurate with the proceeding. The Court recognizes that there may be circumstances in which it is not appropriate for a Newer Attorney to argue a motion. The Court draws no inference from a party’s decision not to have a Newer Attorney argue a motion before the Court. The Court also draws no inference regarding the importance of a particular motion, or the merits of a party’s argument regarding the motion, from the party’s decision to have (or not to have) a Newer Attorney argue the motion. SIGNED on September 2, 2021. DUSTIN M. HOWELL UNITED STATES MAGISTRATE JUDGE FILEDDEPUTY CLERK, U.S. DISTRICT COURT WESTERN DISTRICT OF TEXAS BY: ________________________________September 02, 2021Reuben Amaro