MOTION for Extension of Time to File Expert Designations and Reports filed by George Stewart with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order)¶
Stewart v. Texas Tech University Health Sciences Center et al, No. 5:23-cv-00007-H (N.D. Tex.) · Dkt. 67 · 2024-10-15 · PDF
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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION George Stewart, on behalf of himself and others similarly situated, Plaintiff, Case No. 5:23-cv-00007-H v. Texas Tech University Health Sciences Center, et al., Defendants. Plaintiff’s Opposed Motion To Extend Deadlines To Serve Expert Designations And Reports On September 3, 2024, this Court issued an amended scheduling order in response to its rulings on the motions to dismiss and the amended complaint filed by Mr. Stewart on August 17, 2024. The amended scheduling order requires the parties to serve their initial expert designations and reports by August 20, 2024, with responsive expert designations and reports due on October 4, 2024. See Amended Scheduling Order, ECF No. 63. The amended scheduling order allows these deadlines to be altered through stipulation of the parties or by court order. See id. at ¶ 6. Mr. Stewart has attempted to negotiate an extension of these deadlines with opposing counsel but the defendants are not willing to change the deadlines specified in the amended scheduling order. Mr. Stewart therefore respectfully asks this Court to reset the deadlines for expert designations and reports. Counsel did not prepare an expert report while the motions to dismiss were pending because they did not know which claims (if any) would survive. After this Court ruled on the motions to dismiss and after Mr. Stewart filed his amended complaint in response to the Court’s ruling, the Court issued its amended scheduling order on September 3, 2024, which required Page 1 of 4 that the initial expert designations and reports be filed by August 20, 2024 — 14 days before the new scheduling order had issued, and only three days after Mr. Stewart had filed his amended complaint that dropped all claims against the UT defendants. Mr. Stewart respectfully asks the Court to reset the deadlines for expert designations and reports in light of the amended complaint of August 17, 2024, and the amended scheduling order of September 3, 2024. Mr. Stewart proposes that the Court establish a deadline of November 13, 2024, for the parties to serve their initial expert designations and reports, with responsive expert designations and reports due by December 13, 2024. CONCLUSION The motion to extend the deadlines to serve expert designations and reports should be granted. Respectfully submitted. G P. H Virginia Bar No. 80434 Vice-President and General Counsel R D. R* D.C. Bar No. 400153 A J. B* Virginia Bar No. 91537 N R. B* Tennessee Bar No. 031963 America First Legal Foundation 300 Independence Avenue SE Washington, DC 20003 (202) 964-3721 gene.hamilton@aflegal.org reed.rubinstein@aflegal.org andrew.block@aflegal.org nicholas.barry@aflegal.org Dated: October 15, 2024 /s/ Jonathan F. Mitchell J F. M Texas Bar No. 24075463 Mitchell Law PLLC 111 Congress Avenue, Suite 400 Austin, Texas 78701 (512) 686-3940 (phone) (512) 686-3941 (fax) jonathan@mitchell.law * admitted pro hac vice Counsel for Plaintiff Page 2 of 4 CERTIFICATE OF CONFERENCE I certify that I have conferred with Joseph Keeney, counsel for the defendants, and he informed me that his clients are opposed to this motion. /s/ Jonathan F. Mitchell J F. M Counsel for Plaintiff Page 3 of 4 CERTIFICATE OF SERVICE I certify that on October 15, 2024, I served this document through CM/ECF upon: B S. W J K Assistant Attorneys General General Litigation Division Post Office Box 12548 Austin, Texas 78711 (512) 463-2120 (phone) (512) 320-0667 (fax) benjamin.walton@oag.texas.gov joseph.keeney@oag.texas.gov Counsel for the Defendants /s/ Jonathan F. Mitchell J F. M Counsel for Plaintiff Page 4 of 4