Smith’s Original Complaint, Doc. 1.
LIT previously reviewed Mr Smith’s appeal to the Fifth Circuit and tracked back to the lower court, in this case the infamous S.D. Tex., Houston Div’n. You can read more about our article here. We’ll be tracking this latest case by Smith against Hittner, et al which is set for VIDEO CONFERENCE on Dec. 17, 2021.
SCHEDULING AND DOCKET CONTROL ORDER
The following schedule will control disposition of this case:
1. 01/19/2022 MOTIONS TO ADD NEW PARTIES
The party causing the addition of a new party must provide copies of this Order and all previously entered Orders to the new party.
2. 02/18/2022 MOTIONS FOR LEAVE TO AMEND PLEADINGS
Any party seeking leave to amend pleadings after this date must show good cause.
3a. 08/17/2022 EXPERTS (other than attorney’s fees)
The party with the burden of proof on an issue must designate expert witnesses in writing and provide the required report under Rule 26(a)(2).
3b. 09/16/2022 The opposing party must designate expert witnesses in writing and provide the required report under Rule 26(a)(2).
4. 10/31/2022 COMPLETION OF DISCOVERY
Discovery requests are not timely if the deadline for response under the Federal Rules of Civil Procedure falls after this date. Parties may by agreement continue discovery beyond the deadline.
5. 11/30/2022 DISPOSITIVE AND NONDISPOSITIVE MOTIONS
DEADLINE (except for motions in limine)
No party may file any motion after this date except for good cause shown.
6. 01/18/2023 MEDIATION OR SETTLEMENT CONFERENCE BEFORE THE MAGISTRATE JUDGE
The parties must complete mediation or other form of dispute resolution.
7. 02/17/2023 DEADLINE FOR JOINT PRETRIAL ORDER AND MOTIONS IN LIMINE
The Joint Pretrial Order must contain the pretrial disclosures required by Rule 26(a)(3). Plaintiff is responsible for timely filing of the complete Joint Pretrial Order. Failure to do so may lead to dismissal or other sanction in accordance with applicable rules.
8. 03/20/2023 DOCKET CALL
Docket call will occur at 9:30 a.m. in Courtroom 8B, United States Courthouse, 515 Rusk, Houston, Texas.
The Court will not consider documents filed within seven days of docket call.
The Court may rule on pending motions at docket call and will set the case for trial as close to docket call as practicable.
9. Additional orders or limitations relating to disclosures, discovery, or pretrial motions:
10. Other matters:
Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers.
This includes any motion to compel, to quash, for protection, or for extension. Follow Section 15 of the Court’s procedures.
The parties agree to submit attorney’s fees issues to the Court by affidavit after resolution of liability and damages.
In cases referred to the Magistrate Judge for the initial conference, the Magistrate Judge has the authority to adjust the scheduling order dates.
Signed on October 6, 2021, at Houston, Texas.
Hon. Charles Eskridge
United States District Judge
U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:21-cv-03079
|Smith v. Hittner et al
Assigned to: Judge Charles Eskridge
Cause: 42:1983 Civil Rights Act
|Date Filed: 09/17/2021
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: U.S. Government Defendant
|Wayne Smith||represented by||Wayne Smith
5723 Painted Trail Drive
Houston, TX 77084
|MTGLQ Investors, LP|
|Date Filed||#||Docket Text|
|09/17/2021||1||COMPLAINT against All Defendants (Application to Proceed In Forma Pauperis granted on 9/17/21 by Judge Charles Eskridge) filed by Wayne Smith. (ltien, 4) (Entered: 09/22/2021)|
|09/22/2021||2||NOTICE to Pro Se Litigant of Case Opening, filed. Party notified. (ltien, 4) (Entered: 09/22/2021)|
|10/01/2021||3||ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/17/2021 at 09:45 AM in by video before Magistrate Judge Sam S Sheldon. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalezadi, 4) (Entered: 10/01/2021)|