{"cached_at":"2026-10-23T10:46:35.771358+00:00","cl_docket_id":"67869497","docket":{"resource_uri":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","id":67869497,"court":"https://www.courtlistener.com/api/rest/v4/courts/txnd/","court_id":"txnd","original_court_info":null,"idb_data":null,"clusters":[],"audio_files":[],"assigned_to":"https://www.courtlistener.com/api/rest/v4/people/14421/","referred_to":null,"bankruptcy_information":null,"absolute_url":"/docket/67869497/paez-v-childrens-health-system-of-texas/","date_created":"2023-10-10T14:19:34.170893-07:00","date_modified":"2025-06-22T06:03:29.608230-07:00","source":1,"appeal_from_str":"","assigned_to_str":"Ada Brown","referred_to_str":"","panel_str":"","date_last_index":"2024-12-10T03:32:29.813632-08:00","date_cert_granted":null,"date_cert_denied":null,"date_argued":null,"date_reargued":null,"date_reargument_denied":null,"date_filed":"2023-10-10","date_terminated":"2024-08-14","date_last_filing":"2024-10-01","case_name_short":"Paez","case_name":"Paez v. Childrens Health System of Texas","case_name_full":"","slug":"paez-v-childrens-health-system-of-texas","docket_number":"3:23-cv-02243","docket_number_core":"2302243","docket_number_raw":"3:23-cv-02243","docket_number_source":0,"federal_dn_office_code":"3","federal_dn_case_type":"cv","federal_dn_judge_initials_assigned":"E","federal_dn_judge_initials_referred":"","federal_defendant_number":null,"pacer_case_id":"382062","cause":"","nature_of_suit":"","jury_demand":"","jurisdiction_type":"","appellate_fee_status":"","appellate_case_type_information":"","mdl_status":"","filepath_ia":"","filepath_ia_json":"","ia_upload_failure_count":null,"ia_needs_upload":true,"ia_date_first_change":"2023-10-10T14:19:34.167565-07:00","date_blocked":null,"blocked":false,"appeal_from":null,"parent_docket":null,"tags":[],"panel":[]},"parties":[],"entries":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/403928615/","id":403928615,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414273717/","id":414273717,"tags":[],"absolute_url":"/docket/67869497/25/paez-v-childrens-health-system-of-texas/","date_created":"2024-10-01T13:38:28.423142-07:00","date_modified":"2024-10-02T03:59:56.370202-07:00","sha1":"f2529a51e4afe3313c8f196f830f0c9c6c899777","page_count":1,"file_size":106834,"filepath_local":"recap/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.25.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.25.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 3:23-cv-02243-E Document 25 Filed 10/01/24 Page 1 of 1 PageID 132\n\n\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE NORTHERN DISTRICT OF TEXAS\n DALLAS DIVISION\n\nALEXANDER PAEZ, \u00a7\n \u00a7\n Plaintiff, \u00a7\n \u00a7\nv. \u00a7 Civil Action No. 3:23-CV-02243-E\n \u00a7\nCHILDRENS HEALTH SYSTEM OF \u00a7\nTEXAS, \u00a7\n \u00a7\n Defendant. \u00a7\n \u00a7\n\n\n AGREED ORDER OF DISMISSAL WITH PREJUDICE\n\n Before the Court is the Joint Motion to Dismiss with Prejudice (Doc. 24) filed by the\n\nParties. Having considered the Motion, the submissions of the Parties, and the other papers on file\n\nin this case, the Court finds the Motion should be, in all things, GRANTED.\n\n IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that all claims in this\n\ncase are hereby DISMISSED WITH PREJUDICE TO THE REFILING OF SAME IN ANY\n\nFORM, with costs and attorneys\u2019 fees to be paid by the Party incurring same.\n\n SO ORDERED.\n\n 1st day of October, 2024.\n\n\n\n ___________________________________\n ADA BROWN\n UNITED STATES DISTRICT JUDGE\n\f","ocr_status":2,"date_upload":"2024-10-01T13:38:28.676304-07:00","document_number":"25","attachment_number":null,"pacer_doc_id":"177017167146","is_available":true,"is_free_on_pacer":null,"is_sealed":false,"document_type":1,"description":"Order on Motion to Dismiss","acms_document_guid":""}],"date_created":"2024-10-01T13:38:28.407283-07:00","date_modified":"2024-10-01T14:13:13.430784-07:00","date_filed":"2024-10-01","time_filed":"15:37:17","entry_number":25,"recap_sequence_number":"2024-10-01.001","pacer_sequence_number":58,"description":"ORDER granting [24] Motion to Dismiss. IT IS THEREFORE ORDERED that all claims in this case are hereby DISMISSED WITH PREJUDICE TO THE REFILING OF SAME IN ANY FORM, with costs and attorneys' fees to be paid by the Party incurring same. (Ordered by Judge Ada Brown on 10/1/2024) (cfk)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/403773790/","id":403773790,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414041389/","id":414041389,"tags":[],"absolute_url":"/docket/67869497/24/paez-v-childrens-health-system-of-texas/","date_created":"2024-09-30T13:47:19.936706-07:00","date_modified":"2024-10-01T02:33:19.520435-07:00","sha1":"2ebf7105e3b12e827b5f26213c9a6845cc80acb1","page_count":2,"file_size":135339,"filepath_local":"recap/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.24.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.24.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 3:23-cv-02243-E Document 24 Filed 09/30/24 Page 1 of 2 PageID 128\n\n\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE NORTHERN DISTRICT OF TEXAS\n DALLAS DIVISION\nALEXANDER PAEZ, \u00a7\n \u00a7\n Plaintiff, \u00a7\n \u00a7\nv. \u00a7 Civil Action No. 3:23-cv-2243-BW\n \u00a7\nCHILDREN\u2019S HEALTH SYSTEM OF \u00a7\nTEXAS, \u00a7\n \u00a7\n Defendant. \u00a7\n\n JOINT MOTION TO DISMISS WITH PREJUDICE\n\n Pursuant to the Federal Rules of Civil Procedure, Plaintiff Alexander Paez and Defendant\n\nChildren\u2019s Health System of Texas (jointly, the \u201cParties\u201d) file this Joint Motion to Dismiss with\n\nPrejudice. The Parties respectfully request that the Court enter an order providing that (1) all\n\nclaims in this case are dismissed with prejudice to the refiling of same in any form, and (2) all\n\ncosts and attorneys\u2019 fees are to be paid by the party incurring same, as provided in the\n\naccompanying Agreed Order of Dismissal.\n\nRespectfully submitted,\n\nGASPER LAW PLLC OGLETREE, DEAKINS, NASH, SMOAK &\n STEWART, P.C.\n/s/ Travis Gasper\nTravis Gasper By: /s/ Jamie Ashton (with permission)\nTexas Bar No. 24096881 Jamie Ashton\ntravis@travisgasper.com Texas State Bar No. 24087211\n1408 N. Riverfront Blvd., Suite 323 jamie.ashton@ogletree.com\nDallas, Texas 75207 Molly Ann Lawrence\nTelephone: (469) 663-7736 Texas State Bar No. 24083365\nFacsimile: (833) 957-2957 mollyann.lawrence@ogletree.com\n 8117 Preston Road, Suite 500\nATTORNEY FOR PLAINTIFF Dallas, Texas 75225\n Telephone: (214) 987-3800\n Facsimile: (214) 987-3927\n\n ATTORNEYS FOR DEFENDANT\n\nJOINT MOTION TO DISMISS WITH PREJUDICE PAGE 1\n\f Case 3:23-cv-02243-E Document 24 Filed 09/30/24 Page 2 of 2 PageID 129\n\n\n\n\n CERTIFICATE OF SERVICE\n\n I hereby certify that on September 30, 2024, I electronically filed the foregoing with the\nClerk of Court using the CM/ECF system, which will transmit a Notice of Electronic Filing to all\nparties of record.\n\n /s/ Travis Gasper\n Travis Gasper\n\n\n\n\nJOINT MOTION TO DISMISS WITH PREJUDICE PAGE 2\n 64437733.v1-OGLETREE\n\f","ocr_status":2,"date_upload":"2024-09-30T13:47:20.330221-07:00","document_number":"24","attachment_number":null,"pacer_doc_id":"177017163796","is_available":true,"is_free_on_pacer":null,"is_sealed":false,"document_type":1,"description":"Motion to Dismiss","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/414041392/","id":414041392,"tags":[],"absolute_url":"/docket/67869497/24/1/paez-v-childrens-health-system-of-texas/","date_created":"2024-09-30T13:47:22.157705-07:00","date_modified":"2024-10-01T02:33:16.849813-07:00","sha1":"e4bccb6b44263e1a18c0897d29f324d9a076cf7e","page_count":2,"file_size":160201,"filepath_local":"recap/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.24.1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.24.1.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 3:23-cv-02243-E Document 24-1 Filed 09/30/24 Page 1 of 2 PageID 130\n\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE NORTHERN DISTRICT OF TEXAS\n DALLAS DIVISION\nALEXANDER PAEZ, \u00a7\n \u00a7\n Plaintiff, \u00a7\n \u00a7\nv. \u00a7 Civil Action No. 3:23-cv-2243-BW\n \u00a7\nCHILDREN\u2019S HEALTH SYSTEM OF \u00a7\nTEXAS, \u00a7\n \u00a7\n Defendant. \u00a7\n\n AGREED ORDER OF DISMISSAL WITH PREJUDICE\n\n Before the Court is the Joint Motion to Dismiss with Prejudice filed by the Parties. Having\n\nconsidered the Motion, the submissions of the Parties, and the other papers on file in this case, the\n\nCourt finds the Motion should be, in all things, GRANTED.\n\n IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that all claims in this case\n\nare hereby DISMISSED WITH PREJUDICE TO THE REFILING OF SAME IN ANY FORM,\n\nwith costs and attorneys\u2019 fees to be paid by the Party incurring same.\n\n\n\n Signed this _____ day of __________________________, 2024.\n\n\n\n ___________________________________\n UNITED STATES DISTRICT JUDGE\n\n\n\n\nAGREED ORDER OF DISMISSAL WITH PREJUDICE Page 1\n\f Case 3:23-cv-02243-E Document 24-1 Filed 09/30/24 Page 2 of 2 PageID 131\n\n\n\n\nAGREED:\n\n /s/ Travis Gasper /s/Jamie Ashton\nTRAVIS GASPER JAMIE ASHTON\nTexas Bar No. 24096881 Texas State Bar No. 24087211\nEmail: travis@travisgasper.com jamie.ashton@ogletree.com\nGASPER LAW PLLC MOLLY ANN LAWRENCE\n1408 N. Riverfront Blvd., Suite 323 Texas Bar No. 24083365\nDallas, Texas 75207 mollyann.lawrence@ogletree.com\nPhone: 469.663.7736 OGLETREE, DEAKINS, NASH,\nFax: 833.957.2957 SMOAK & STEWART, P.C.\n 8117 Preston Road, Suite 500\nATTORNEY FOR PLAINTIFF Dallas, Texas 75225\n Phone: 214.987.3800\n Fax: 214.987.3927\n\n ATTORNEYS FOR DEFENDANT\n\n\n\n\nAGREED ORDER OF DISMISSAL WITH PREJUDICE Page 2\n 64437826.v1-OGLETREE\n\f","ocr_status":2,"date_upload":"2024-09-30T13:47:24.065039-07:00","document_number":"24","attachment_number":1,"pacer_doc_id":"177017163797","is_available":true,"is_free_on_pacer":null,"is_sealed":false,"document_type":2,"description":"Proposed Order","acms_document_guid":""}],"date_created":"2024-09-30T13:47:19.917029-07:00","date_modified":"2024-09-30T13:47:19.921192-07:00","date_filed":"2024-09-30","time_filed":null,"entry_number":24,"recap_sequence_number":"2024-09-30.001","pacer_sequence_number":56,"description":"Joint MOTION to Dismiss with Prejudice filed by Alexander Paez (Attachments: (1) Proposed Order) (Gasper, Travis)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/400319535/","id":400319535,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/409549319/","id":409549319,"tags":[],"absolute_url":"/docket/67869497/23/paez-v-childrens-health-system-of-texas/","date_created":"2024-08-23T13:44:25.352805-07:00","date_modified":"2024-08-24T02:09:40.407494-07:00","sha1":"4185a19da17c85c923645cf80dd1be5d723ad9e1","page_count":14,"file_size":775549,"filepath_local":"recap/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.23.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.23.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 3:23-cv-02238-E Document 14 Filed 08/23/24 Page 1 of 14, Pagel 98\u00b0 ees\nCITED\n|\n\nIN THE UNITED STATES DISTRICT COURT | ,,\nFOR THE NORTHERN DISTRICT OF TEXAS | <>\nDALLAS DIVISION |\n\nAUG 23 2024\n\nSPECIAL ORDER NO. 3-354\n\nEffective August 23, 2024, the cases listed on Exhibit A to this order are transferred to\nMagistrate Judge Brian McKay and shall henceforth carry the suffix letters \u201cBW.\u201d Magistrate\nJudge McKay shall seek consent of the parties in these cases to conduct all further proceedings\nand order the entry of final judgment in accordance with 28 U.S.C. \u00a7 636(c). Ifall parties do not\nconsent, Magistrate Judge McKay shall, unless the assigned district judge otherwise orders,\n\nexercise all powers permitted by 28 U.S.C. \u00a7 636(b).\n\nSO ORDERED.\n\nAugust 23, 2024\n\nDect (_ wes\n\nDAVID C. GODBEY\nCHIEF JUDGE\n\n\fCase 3:23-cv-02238-E Document14 Filed 08/23/24 Page2of14 PagelD 99\nExhibit A\n\nCASES TO BE TRANSFERRED FROM THE DOCKET OF JUDGE RENEE H. TOLIVER TO JUDGE MCKAY\n\n1 2:24-CV-0142-BK Hasan v. Commissioner, Social Security Administration\n\n2 3:18-CV-1933-N Lexor Manufacturing LLC v. Luraco Ine, et al.\n\n3 3:19-CV-2204-X Retail Ready Career Center inc v. United States of America, et al.\n\n4 3:19-CV-2218-E Southwest Airlines Co v. Liberty Insurance Underwriters Inc\n\n5 3:19-CV-2281-K FTC v. Match Group\n\n6 3:20-CV-0656-K-BK Buzz Photo, et al. v. People's Republic of China, et al.\n\n7 3:20-CV-2935-N Carswell v. Hunt County Texas, et al.\n\n8 3:20-CV-3718-D Samurai Global LLC v. Landmark American Insurance Company\n3:21-CV-0116-B Rainier Arms LLC, et al. v. Bureau of Alcohol Tobacco Firearms and\n\n9 Explosives, et al.\n\n10 3:21-CV-0840-E TNT Quadrangle Partner, LP, et al. v. SRPF B/Quadrangle Property, LLC, et al.\n\n11 3:21-CV-1764-D Vess v. City of Dallas, et al.\n\n412 3:21-CV-2429-L Raskin, et al. v. Dallas Independent Schoo! District, et al.\n\n13 3:22-CV-0654-N Salt and Light Energy Equipment LLC v. Crigin Bancorp\n\n14 3:22-CV-0663-E United States of America v. All Funds in 199 Bank Accounts Located in India\n\n15 3:22-CV-0780-M State of Texas, et al. v. Biden, et al.\n\n16 3:22-CV-0907-5 Hilltop Holdings Inc v. AlG Specialty Insurance Company\n\n17 3:22-CV-1185-X Sentry Insurance A Mutual Company v. Morgan\n\n18 3:22-CV-1869-E Walsh v. Peterson\n\n19 3:22-CV-2118-X Securities and Exchange Commission v. Barton, et al.\n\n20 3:22-CV-2272-S Thomas v. McDonough, et al.\n\n21 3:22-CV-2597-K Pearson, et al. v. Gage\n\n22 3:22-CV-2624-B Iske v. Precision Dynamics International LLC\n\n23 3:22-CV-2763-E Boy Scouts of America v. Touch A Life Foundation Inc\n\n24 3:22-MC-0079-X-BK NiRB v. LM Carpet\n\n25 3:23-CV-0037-5 Young v. Baylor Scott & White Health\n\n26 3:23-CV-0133-B Endurance American Insurance Company v. Lloyd's Syndicate 3624\n\n27 3:23-CV-0313-S G Thomas Air LLC v. Pratt & Whitney Engine Services Inc\n\n28 3:23-CV-0342-M Ariat International Inc v. Khemchand Handicrafts Limited, et ai.\n\n29 3:23-CV-0464-D Alford v. Wonderland Montessori Academy LLC\n\n30 3:23-CV-0584-G Lee Ir v. United States\n3:23-CV-0640-D M Central Residences Condominium Association Inc v. Technology\n\n31 Insurance Company Inc\n\n32 3:23-CV-0641-L Securities and Exchange Commission v. McKnight\n\n33 3:23-CV-0811-E Alawei v. United States Citizenship and Immigration Service\n\n34 3:23-CV-0881-X GS Holistic LCC v. Sri Manakamana Inc\n\n35 3:23-CV-0910-B Brandon Architects Inc v. Olerio Home LLC\n\n36 3:23-CV-0954-X Lopez v. US Immigration and Customs Enforcement, et al.\n\n37 3:23-CV-0965-X Wilcox v. Equifax Information Services LLC\n\n38 3:23-CV-1171-K Modern Vascular of Southaven LLC, et al. v. Qlarant Integrity Solutions LLC\n\n39 3:23-CV-1198-G White v. American Economy Insurance Company\n\n40 3:23-CV-1351-X $2 Brothers LLC v. AmGuard Insurance Company\n\n41 3:23-CV-1399-G Dill v. Experian Information Solutions Inc\n\n1\n\n\fCase 3:23-cv-02238-E Document 14 Filed 08/23/24 Page3of14 PagelD 100\nExhibit A\n\nCASES TO BE TRANSFERRED FROM THE DOCKET OF JUDGE RENEE H. TOLIVER TO JUDGE MCKAY\n\n42 3:23-CV-1457-5 Denison Glass & Mirror Ine v. EFCO LLC\n\n43 3:23-CV-1559-B Fitton v. Pinnacle Propane LLC\n\n44 3:23-CV-1574-E Johnson, et al. v. Dallas County Hospital District, et al.\n\n45 3:23-CV-1583-E Hernandez v. Brown\n\n46 3:23-CV-1663-D-BK Hill v. Norman, et ai.\n\n47 3:23-CV-1698-L-BK Jaffari v. Garland, et al.\n\n48 3:23-CV-1772-B Uliman v. OBM Miami\n\n49 3:23-CV-1915-B-BK Pinson v. Dallas Cnty. Sherriff\u2019s Office, et al.\n\n50 3:23-CV-1918-N Martinez v. Kroger\n3:23-CV-1945-D-BK Thornton v. Dallas County d/b/a Dallas County District Attorney's Office, et\n\n51 al.\n\n52 3:23-CV-2088-L-BK Gordon v. Kellam\n\n53 3:23-CV-2090-N-BK Tyson v. Commissioner of Social Security\n\n54 3:23-CV-2094-N-BK Humble v. Enge, et al.\n\n55 3:23-CV-2112-D King v. SeaHarbor Insurance Agency LLC\n\n56 3:23-CV-2162-5 Sealed v. Sealed\n\n57 3:23-CV-2195-X-BK Ashley v. DOL\n\n58 3:23-CV-2212-B Hunter v. Procollect Inc\n\n59 3:23-CV-2231-5 82 Glenwood Avenue LLC v. Schutze, et al.\n\n60 3:23-CV-2385-BK Fernandez v. Social Security Administration\n\n61 3:23-CV-2412-D Beasley v. Castle Credit Co Holdings LLC\n\n62 3:23-CV-2438-N-BK Blanks v, Federal Correctional Institution Seagoville, et al.\n\n63 3:23-CV-2493-K-BK Dickerson v. Conduent Commercial! Solutions LLC\n\n64 3:23-CV-2656-K-BK United States of America v. Rehab 4 Work Services LLC, et al.\n\n65 3:23-CV-2728-B Factor Mutual Insurance Company v. Southwest Pumps LLC, et al.\n\n66 3:24-CV-0013-B SW Marine v. Valentine\n\n67 3:24-CV-0072-E Katz v. Gruenberg, et al.\n\n68 3:24-CV-0104-E Tupac v. Asbury Automotive Group Inc, et al.\n\n69 3:24-CV-0112-E-BK Keys v. Connors et al.\n\n70 3:24-CV-0113-K-BK Smith v. Federai Bureau of Prisons, et al.\n\n71 3:24-CV-0148-B Samiappan v. Su\n\n72 3:24-CV-0244-N Sukin v. Experian Information Soiutions Inc, et al.\n\n73 3:24-CV-0298-G Liu v. U.S. Department of State, et ai.\n\n74 3:24-CV-0376-X Colonna, et al. v. LoanDepot.com LLC\n\n75 3:24-CV-0626-S-BK Alfano v. Allred Unit Mailroom\n\n76 3:24-CV-1060-L-BK Butler v. Lee at al\n\n77 3:24-CV-1063-D Rodriguez v. ALDI Inc\n\n78 3:24-CV-1083-K G&G Closed Circuit Events LLC v. Frida's Tacos LLC, et al.\n\n79 3:24-CV-1089-X Feit Electric Company Inc v. Elong international USA Inc, et al.\n\n80 3:24-CV-1117-K Umoru v. Walmart Stores Texas LLC\n\n81 3:24-CV-1149-X-BK Central States Health and Welfare Fund v. Contreras\n3:24-CV-1151-X Dallas Food & Beverage LLC, et al. v. United States Smail Business\n\n82 Administration, et al.\n\n83 3:24-CV-1245-B Sealed v. Sealed\n\n84 3:24-CV-1367-S Jain, et al. v. Jaddou\n\n85 3:24-CV-1416-G-BK Henderson v. Trump\n\n\fCase 3:23-cv-02238-E Document 14 Filed 08/23/24 Page4of14 PagelD 101\n\nExhibit A\n\nCASES TO BE TRANSFERRED FROM THE DOCKET OF JUDGE RENEE H. TOLIVER TO JUDGE MCKAY\n\n86 3:24-CV-1422-5 Kearney v. Equifax Information Services LLC\n\n87 3:24-CV-1551-B Zachary v. Environmental Protection Agency\n\n88 3:24-CV-1587-S-BK Henderson v. Trump\n\n89 3:24-CV-1621-G Hamilton v. Walmart Inc\n\n90 3:24-CV-1677-X EYM Pizza of Georgia LLC, et al. v. Pizza Hut LLC, et al.\n\n91 3:24-CV-1705-D Ogboru v. Allstate Vehicle and Property Insurance Company\n92 3:24-MC-0017-E NFinity IP v. Varsity Spirit\n\n93 4:24-CV-0592-BK Johnson v. Commissioner, Social Security Administration\n\n94 5:23-CV-0259-BK Arguello v. Social Security Administration\n\n95 5:23-CV-0281-BK Murphy v. Social Security Administration\n\n\fCase 3:23-cv-02238-E Document 14 Filed 08/23/24 Page5of14 PagelD 102\n\nExhibit A\n\nCASES TO BE TRANSFERRED FROM THE DOCKET OF JUDGE DAVID L. HORAN TO JUDGE MCKAY\n\n# Case No. Case Name\n1 3:16-cv-00764-N VidStream LLC v. Twitter Inc\nCapio Funding LLC v. Rural/Metro Operating\n2 3:17-cv-02713-X Company LLC et al\n3 3:19-cv-01067-K Von Colditz v. Woods et af\n4 3:20-cv-00045-D Rodriguez v. Southern Health Partners Inc et al\n5 3:20-cv-00313-N Hamilton et al v. Dallas County\n6 3:20-cv-01358-E Coleman et al v. Brozen et al\n7 3:20-cv-03636-K Blue Yonder Group inc v. Kinaxis inc et al\n8 3:21-cv-01498-B Halperin et al v. Wills et al\n9 3:22-cv-00034-X McClung et al v. Wal-Mart Stores Texas LLC et al\n10 3:22-cv-00141-N-BN Bell v. Moore\nit 3:22-cv-00525-X Fiberco, Inc. v. Acadia Insurance Company\nHighland Capital Management LP et al v. Highland Capital Management Fund\n12 3:22-cv-00789-X Advisors LP\n13 3:22-cv-00794-$ Legacy Exploration LLC v. Optimum Energy Partners LLC et al\n14 3:22-cv-01498-G-BN Timmons v. Director\n45 3:22-cy-01581-G-BN Sharper v. Director, TDCJ-CID\n416 3:22-cv-01600-G-BN Matthews v. Director, TDCJ-CID\n17 3:22-cv-01871-G-BN Turner v. O'Daniel\n18 3:22-cv-02062-X Shuler Drilling Company Inc v. Disiere Partners LLC, et al\n19 3:22-cv-02312-G-BN Mornes v, Director, TDCJ-CID\n20 3:22-cv-02403-N-BN Carey v. Director, TDCJ-CID\n21 3:22-cv-02410-G Castillo v. Walmart Inc et ai\n22 3:22-cv-02589-S-BN Minze v. Director, TOCJ-CID\n23 3:22-cv-02600-X Venzant v. Bigelow Arizona TX-282 LP et al\n24 3:22-cv-02891-N-BN Carcamo v. Director, FDCJ-CID\n25 3:23-cv-00057-K-BN Turner v. Wellpath Med Co\n26 3:23-cv-00066-B-BN Hernandez v. Director, TDCJ-CID\nTrustees of the IBEW-NECA Southwestern Health and Benefit Fund et al v. Rockey\n27 3:23-cv-00224-B Electric Inc\n28 3:23-cv-00280-K Mercury Associates Inc v. Primoris Services Corporation\n29 3:23-cv-00303-N Paige v. State Farm Lloyds\n30 3:23-cv-00337-X-BN Roccaforte v. Transunion\n31 3:23-cv-00338-N-BN Roccaforte v. Experian information Solutions Inc\n32 3:23-cv-00339-E-BN Roccaforte v. Equifax Inc\n33 3:23-cv-00355-X EDN Global Inc et al v. AT&T Mobility Services LUC et al\n34 3:23-cv-G0391-D Walker v. Hoffman et al\n35 3:23-cv-00410-E-BN Lewis v. Equifax\n36 3:23-cv-00435-B-BN Lewis v. Experian\n37 3:23-cv-00508-N Doe v. Backpage.com LLC et al\n38 3:23-cv-00547-K Bilbo v. Central Transport LLC\n39 3:23-cv-00568-B Cunningham v. State Farm Lloyds\n40 3:23-cv-00574-B Martin v. Penske Logistics LLC\n41 3:23-cv-80603-E Bridging Biosciences LLC v, Esch et al\n42 3:23-cv-00668-E-BN Spillman Jr v. Director, TDCI-CID\n43 3:23-cv-00706-E Arka Mesquite Investments LLC et al v. Philadelphia Indemnity Insurance Company\n44 3:23-cv-00736-M Powell v. Safeco Insurance Company of Indiana\n45 3:23-cv-00755-M-BN Toliver v. Director, TDCJ-CID\n46 3:23-cv-00772-E-BN Cloninger v. Director, TDC)-CID\n47 3:23-cv-00819-G White v. Wal-Mart Stores Texas LLC\n\n\fCase 3:23-cv-02238-E Document 14 Filed 08/23/24 Page6of14 PagelD 103\n\nExhibit A\n\nCASES TO BE TRANSFERRED FROM THE DOCKET OF JUDGE DAVID L. HORAN TO JUDGE MCKAY\n# Case No. Case Name\n4g 3:23-cv-00844-M Bellinger v. CureWave Lasers LLC et al\n49 3:23-cv-00852-G New York inn Inc et al v, Associated Industries Insurance Company Inc\n50 3:23-cv-00882-L GS Holistic LLC v. B Over 21 Inc et al\n51 3:23-cv-00915-B SMA v. Salesforce et al\n52 3:23-cv-00948-K Eder v. City of Burleson\n53 3:23-cv-00977-5 Brown v. Sarn\u2019s East Inc\n54 3:23-cv-01016-D Johnson v. Epsilon Data Management LLC\n55 3:23-cv-01018-X Licht v. Ling et al\n56 3:23-cv-01024-L GS Holistic LLC v. OMS Investment LLC et al\n57 3:23-cv-01039-B Jone Doe AS v. Salesforce Inc et a!\n58 3:23-cv-01089-N-BN Rountree v, FedEx Ground Package System Inc\n59 3:23-cv-01228-G Garcia v. Fiesta Mart LLC et al\n60 3:23-cv-01230-B Horton et al v. Heppner et al\n61 3:23-cv-01286-E Warner v. Equifax information Services LLC et ai\n62 3:23-cv-01301-X Dheera Limited Company v. Johnson Controls Inc et ai\n63 3:23-cv-01320-N-BN Silvers v. Director, TOCJ-CIB\n64 3:23-cv-01339-E Terri E Newkirk IRA v. Kelly e\u00a2 al\n65 3:23-cv-01345-L Russell v. Kroger Texas, LP\n66 3:23-cv-01356-L-BN Perez v. Specialized Loan Servicing LLC et al\n6&7 3:23-cv-01366-N Husinger v. Smart Start Real estate Corporation\n68 3:23-cv-01376-X Harris v. Papa Texas LLC\n69 3:23-cv-01468-D Nieves v. Uber Technologies Inc et al\n70 3:23-cv-01484-L Red Barn Candle Company ELC v. Bath & Body Works Brand Management Inc\n7t 3:23-cv-01497-L Rittman v. Amguard Insurance Company\n72 3:23-cv-01502-G-BN Cook v. Costco Wholesale Corporation\n73 3:23-cv-01503-B Charitable DAF Fund LP et al v. Highland Capital Management LP\n74 3:23-cv-01517-N Bahamas Laguna Azure LLC v. City of Royse City, Texas\n75 3:23-cv-01525-X Biovant LLC v. BTEAG LLC et al\n76 3:23-cv-01548-5 Cobbs v. Baylor Scott & White\n77 3:23-cv-01557-D Clark v. Wyndham Worldwide, Inc\n78 3:23-cv-01561-K Erwin et al v. Metalcraft of Mayville Inc\n79 3:23-cv-01565-S-BN Fields v. Kelley\n80 3:23-cv-01617-X Holmes v. Equifax information Services LLC et al\n81 3:23-cv-01621-5 Niter et al v. Brown et al\n82 3:23-cv-01669-B Strike 3 Holdings LLC v. Doe\n83 3:23-cv-01674-B Brookfield Property Retail Holdings LLC et ai v. Dillard Texas Central LLC\n84 3:23-cv-01675-L Van-Zandt Reiss et al v. The Bank of New York Melon\n&5 3:23-cv-01679-E Harris v. HireRight LLC\n86 3:23-cv-01775-X Palmer v. Wal-Mart Stores Inc\n87 3:23-cv-01791-L SPBL-1119 LLC v. Arciterra Strategic Retail Advisor LLC et al\n8&8 3:23-cv-01793-L LSM Blue Sky LLC v. AT Olathe Outlot 5 LLC et al\n89 3:23-cv-01802-E Megehee v. Pallida LLC\n90 3:23-cv-01805-E McConnell v. Applied Digital Corporation et al\n91 3:23-cv-01832-8 Doe v. Dallas Area Rapid Transit et al\n92 3:23-cv-01870-K GS Holistic LLC v. GNS Sons Inc\n93 3:23-cv-01889-S Velis v. Bangert et al\n94 3:23-cv-01910-E Hagans v. Child Care Group\n95 3:23-cv-01912-S Lessig v. Fiesta Mart LLC\n96 3:23-cv-01937-N Kustom Signals Inc v. Applied Concepts Inc\n97 3:23-cv-01972-L Owens v. Dallas Country Club\n98 3:23-cv-01973-K-BN Bohemond v. City of Dallas TX\n99 3:23-cv-01998-B Harland v. Workforce outsource Services Inc\n\n5\n\fCase 3:23-cv-02238-E Document 14 Filed 08/23/24 Page 7of14 PagelD 104\n\nExhibit A\nCASES TO BE TRANSFERRED FROM THE DOCKET OF JUDGE DAVID L. HORAN TO JUDGE MCKAY\n\n# Case No. Case Name\n\n100 3:23-cv-02009-G-BN Hunsinger v. Atmos Energy Corporation\n\n101 3:23-cv-02010-B Johnson et al v. Crosby Elementary School et al\n3:23-cv-02011-B\n\n102 Sample v. SLI Enterprises Inc et al\n3:23-cv-02023-B\n\n103 Promed LLC v, Quintairos Prieto Wood & Boyer PA\n3:23-cv-02050-X\n\n104 Taste of Chengdu LLC v. Feng\n3:23-cv-G2070-G6\n\n105 Summers v. Longbrake et al\n3:23-cv-02071-E\n\n106 Hunter Mountain Investment Trust et al v. Highland Capital Management LP et al\n3:23-cv-02097-X\n\n107 Holcamb v. Monitronics International\n3:23-cv-02110-B\n\n108 Consumer Data Partners, LP et al v. Agentra LLC et al\n3:23-cv-02126-5\n\n109 Mosure et al. v. Southwest Airlines, Co.\n3:23-cv-02143-N\n\n110 Dillard v. Gaines Investment Trust et al\n3:23-cv-02148-K-BN\n\n411 Booth v. US Bank Trust NA\n3:23-ev-02155-L\n\n412 cici Enterprises LP v. HSB Specialty Insurance Company\n3:23-cv-02158-D\n\n113 Wilson v. Korth Direct Mortgage et al\n3:23-cv-02203-E\n\n114 Warehouse Solutions Inc v. Plus Veterans, LLC\n3:23-cv-02214-$\n\n115 Big Games Management LLC v. Bespoke Piush LLC et al\n3:23-cv-02232-B\n\n116 Campbell v. Methodist Hospitais of Dallas et al\n3:23-cv-02238-E\n\n117 Cameron v. QT South LLC et al\n3:23-cv-02243-E\n\n118 Paez v. Childrens Health System of Texas\n3:23-cv-02284-G\n\n119 Stanley v. Wal-Mart Stores Texas LLC\n3:23-cv-02286-X\n\n120 Brandon Wade Photography LLC v. Killian Design LLC\n3:23-cv-02292-L\n\n121 Lloyd v. Athena Condominiums Co-Owners Association\n3:23-cv-02294-B-BN\n\n422 Andrews v. York et af\n3:23-cv-02307-G\n\n123 Lee v. Equifax Information Services LLC et al\n3:23-cv-02367-K\n\n124 City of Dallas v. Triple D Gear, LLC\n3:23-cv-02387-L\n\n125 Nasrallah v. Scottsdale Insurance Company\n\n\fCase 3:23-cv-02238-E Document 14 Filed 08/23/24 Page 8of14 PagelD 105\n\nExhibit A\nCASES TO BE TRANSFERRED FROM THE DOCKET OF JUDGE DAVID L. HORAN TO JUDGE MCKAY\n# Case No. Case Name\n3:23-cv-02404-L\n126 Lilium GVP LLC v. Transportation Insurance Company et al\n3:23-cv-02421-X\n127 Principal Life Insurance Company v. Roque et al\n3:23-cv-02457-B-BN\n428 Young v. United Parcel Service Inc (Ohio)\n3:23-cv-02494-\u00a7\n4129 Hossain v. The Boeing Company\n3:23-cv-02504-K\n130 DAV Sub Inc v. QligSOFT Inc\n3:23-cv-02531-E\n131 Dawson v. Union Pacific Railroad\n3:23-cv-02532-E-BN\n132 Randle v. Brown et al\n3:23-cv-02539-X\n133 Bowers v. Uplift Education\n3:23-cv-02547-E\n134 Session v. Sanofi US Services Inc. et al\n3:23-cv-02594-E\n135 Verna IP Holdings LLC v. Dais Inc\n\n3:23-cv-02624-N\n\n136 Doe v. International Association of Eating Disorder Professionals Foundation Inc et al\n3:23-cv-02633-S\n137 Motton v. Wal-Mart Stores Texas, LLC\n3:23-cv-02670-E\n138 Samadian v. Allstate Vehicle and Property Insurance Company\n3:23-cv-02671-X\n139 APOD Group ELC v. Glen Lakes Homeowners Association Inc et al\n3:23-cv-02673-G\n140 Elliott v. Gonzalez et al\n3:23-cv-02708-B\n144 Dishmon v. Newkirk Logistics Inc\n3:23-cv-02725-D\n142 Pradia v. The City of Rhome et al\n3:23-cv-02737-N\n143 Rollins-Booker v. Senture LLC\n3:23-cv-02770-S\n144 Camacho v. Sajeda Inc et al\n3:23-cv-02795-E\n145 Coil v. Experian Information Solutions Inc et al\n3:23-cv-02807-K\n146 Wells Fargo Bank NA v. Williams et al\n3:23-cv-02827-G-BN\n447 Moka v. Huntex Properties LLC et al\n3:23-cv-02830-X\n148 Mesa Digital LLC v. One Plus USA Corp\n3:23-cv-02834-E\n149 Canada, Jr. et al v. Sherman\n3:23-cv-02839-E\n150 Accurate Metal Stamping LLC v. Chubb Indemnity Insurance Company et al\n\n\fCase 3:23-cv-02238-E Document 14 Filed 08/23/24 Page9of14 PagelD 106\n\nExhibit A\nCASES TO BE TRANSFERRED FROM THE DOCKET OF JUDGE DAVID L. HORAN TO JUDGE MCKAY\n\n# Case No. Case Name\n3:24-cv-00002-L\n\n151 McLaughlin et al v. Family Assets Management LLC\n3:24-cv-00004-N\n\n152 Hill v. Garcia et af\n3:24-cv-00631-L\n\n153 Great American Insurance v, Truckmax Inc\n3:24-cv-00098-L\n\nLeon Capital Group LEC et al v. Princeton Excess & Surplus Lines Insurance Company\n\n154 et al\n3:24-cv-00122-B\n\n455 Slate/Sefect Inc v. Martin Marietta Materials Inc et al\n3:24-cv-00191-E\n\n156 Crum & Forster Insurance Company v. Shreno Limited\n3:24-cv-00255-E\n\n157 Blacknall v. Allata LLC et al\n3:24-cv-00285-G-BN\n\n158 Davis et al v. Wells Fargo Bank NA et ai\n3:24-cv-00331-5\n\n159 Tafolla v. Wacker et al\n3:24-cv-00341-S\n\n160 Forsythe et al v. Equifax Information Services LLC et ai\n3:24-cv-00347-K\n\n161 Homesteaders Life Company v. Williams\n3:24-cv-00361-E\n\n162 Kendrick v. QuickTrip Corporation\n3:24-cv-00382-B\n\n463 US Bank National Association v. Malloy\n3:24-cv-00388-E\n\n164 Elioznde v. Randalls Food and Drug LP\n3:24-cv-00417-X\n\n165 Strike 3 Holdings, LLC v. Doe\n3:24-cv-00434-L\n\n166 G&G Closed Circuit Events LLC v. Aguifar\n3:24-cv-00498-K\n\n167 Highland Employee Retention Assets LLC v. Dondero et al\n3:24-cv-00528-B\n\n168 Texas State Board of Dental Examiners v. Doe\n3:24-cv-00544-D-BN\n\n169 Rector v. Director, TDC)-CID\n3:24-cv-00568-N\n\n170 Strong v. Bank of America Corporation et al\n3:24-cv-00569-5\n\ni71 Haag Engineering Co v. Ellis et al\n3:24-cv-00647-L\n\n172 Languasco et al v. Blair Logistics LLC\n3:24-cv-00658-5\n\n173 Gardner v. The Lincoin National Life Insurance Company\n3:24-cv-00691-D\n\n174 Miller v. Wal-Mart Stores East LP\n3:24-ev-00702-L\n\n175 Birrueta v. State Farm Lloyds\n\n\fCase 3:23-cv-02238-E Document 14 Filed 08/23/24 Page10o0f14 PagelD 107\n\nExhibit A\n\nCASES TO BE TRANSFERRED FROM THE DOCKET OF JUDGE DAVID L. HORAN TO JUDGE MCKAY\n\n# Case No. Case Name\n3:24-cv-00728-X-BN\n\n176 Said v. EAN Holdings LLC et al\n3:24-cv-00791-E\n\n177 Wilson v. British Airways PLC\n3:24-cv-00796-L\n\n178 Sanchez v. Caliber Holdings LLC\n\n179 3:24-cv-00798-E King v. Wal-Mart Stores Texas, LLC\n3:24-cv-00809-S\n\n180 Kenney et al v. Dallas County Texas\n3:24-cv-00817-B\n\n181 Children's Health System of Texas v. UnitedHeaithcare Insurance Company\n3:24-cv-00892-B\n\n182 Toombs et al v. Kaufman County, Texas et al\n3:24-cv-00905-E-BN\n\n183 Rass v. Texas Instruments\n3:24-cv-00909-K-BN\n\n184 Bryant v. EverBank NA\n3:24-cv-00971-X\n\n185 Morgan v. Fundamental Clinical And Operational Services LLC\n3:24-cv-01020-X\n\n186 The Shore Firm LLP v. Videoshare LLC\n\n187 3:24-cv-01051-5 Gilliard v. Southwest Airlines Federal Credit Union\n3:24-ev-01075-N\n\n188 Ayangbile et al v. Children's Health Services of Texas\n3:24-cyv-011329-X\n\n189 Ray v. Experian Information Solutions Inc et al\n3:24-cv-01175-S-BN\n\n190 Romero et al v. US Bank National Association\n3:24-cv-01198-L\n\n191 Nautilus Hyosung America Inc v. BMO Bank NA et al\n3:24-cv-01209-D\n\n192 American Alliance for Equal Rights v. Southwest Airlines Co\n3:24-cv-01233-5\n\n193 Smith v. Montez et al\n3:24-cv-01262-D\n\n194 Brandon Wade Photography, LLC v. OTC Bar LLC\n3:24-cv-01288-D-BN\n\n195 Williams v. Richardson Independent School District\n3:24-cv-01319-G\n\n196 Daniels-Mock v. Taxir Logistics Inc et al\n3:24-cv-01326-K-BN\n\n197 Wickman v. Navarro County Jail\n3:24-cv-01339-B\n\n198 Travers v. Allstate Vehicle and Property insurance Company\n3:24-cv-01358-E\n\n199 Joe Hand Promotions inc v. Carbajal et at\n3:24-cv-01370-D-BN\n\n200 Council v. Draftkings et al\n3:24-cv-01397-K\n\n201 PacSec3 LLC v. RSA Federal LLC\n3:24-cv-01413-X\n\n202 Guillen et al v. U-Haul Company of Texas et al\n\n\fCase 3:23-cv-02238-E Document 14 Filed 08/23/24 Page11of14 PagelD 108\n\nExhibit A\n\nCASES TO BE TRANSFERRED FROM THE DOCKET OF JUDGE DAVID L. HORAN TO JUDGE MCKAY\n# Case No. Case Name\n203 3:24-cv-01418-L Wilson v. Frontier Communications Parent, Inc.\n3:24-cv-O1447-E\n204 Akhmedov v. TA Operating LLC\n3:24-cv-01461-K\n205 Moreno et al v. Alan Halperin, In his capacity as Trustee of the GFES Liquidation Trust\n3:24-cv-01479-$\n206 NexPoint Real Estate Partners LLC et al v. Highland Capital Management LP\n3:24-cv-01483-G\n207 Amazon.com Inc et al v. Baik et al\n3:24-cv-01519-B-BN\n208 Robinson-Durham v. Navarro County Jail\n3:24-cv-01531-X\n209 Dugaboy Investment Trust et al v. Highland Capital Management LP et al\n3:24-cv-01541-B\n210 Sanchez et al v. Schneider National Carriers Inc et al\n3:24-cv-01554-D\n211 Hernandez v. Bishop Cider Company LLC et al\n3:24-cv-01563-D\nWLands Limited Partnership LP et al v. Founders Plaza Nursing & Rehabilitation\n212 Partners LLC et al\n213 3:24-cv-01603-X Strike 3 Holdings LLC v. Doe\n214 3:24-cv-01610-E Strike 3 Holdings LLC v. Doe\n215 3:24-cv-01641-D Elizondo v. Equifax Information Services LLC et al\n2156 3:24-cv-01642-K Aurzada et af v. JPMorgan Chase Bank NA et al\n217 3:24-cv-01646-G-BN Sharman v. H&R Block et al\n218 3:24-cv-01647-N Rodriguez v. Home Depot USA inc\n219 3:24-cv-01684-L Criss v. Grocery Delivery E-Services USA Inc\n220 3:24-cv-01685-G Harris v. Equifax Information Services LLC et al\n221 3:24-cv-01692-N Ricker v. Equifax Information Services LLC et al\n222 3:24-cv-01711-D Mitchel v, Pitre et al\n223 3:24-cv-01717-K Ayala v. Chedraui USA Inc\n224 3:24-cv-01716-L Hutchinson v. Sunrun Inc\n225 3:24-cv-01720-K Miller v. Xpress Global Systems LLC\ngag \u00ab| 3:44-cv-01743-L Collier v. Carter\n227 3:24-Cv-01768-S Bosman v. Amazon.com inc et al\n3:24-cv-01786-L\n228 Hunter Mountain Investment Trust et al v. Highland Capital Management LP et al\n3:24-cv-01787-L\n229 Hunter Mountain Investment Trust et al v. Highland Capital Management LP et al\n230 3:24-cv-01796-8 Larsen v. Apt All Points Transportation LLC et al\n231 3:24-cv-01811-D McAfee v. Lear Corporation\n232 3:24-cv-01821-K Ryan LLC v, Radin\n233 3:24-cv-01839-E Forstey v. Jordan et al\n234 3:24-cv-01873-X Strike 3 Holdings LLC v. Doe\n235 3:24-cv-01882-X Strike 3 Holdings LLC v. Doe\n236 3:24-cv-01908-D Hibdon v. Atrium Hospitality LP\n3:24-cv-01912-L\n237 Hunter Mountain Investment Trust v. Highland Capital Management LP et al\n\n10\n\fCase 3:23-cv-02238-E Document 14 Filed 08/23/24 Page12o0f14 PagelD 109\n\nExhibit A\n\nCASES TO BE TRANSFERRED FROM THE DOCKET OF JUDGE DAVID L. HORAN TO JUDGE MCKAY\n# Case No. Case Name\n238 3:24-cv-01949-X Alentisar Trading Company v. Eyondi et al\n239 3:24-cv-01967-S-BN Willtams v. Richardson ISD\n\n41\n\fCase 3:23-cv-02238-E Document 14 Filed 08/23/24 Page130f14 PagelD 110\n\nExhibit A\n\nCASES TO BE TRANSFERRED FROM THE DOCKET OF JUDGE REBECCA RUTHERFORD\nTO JUDGE MCKAY\n\n1 3:22-cv-02887-L-BT Murphy v. Director\n\n2 3:23-cv-00316-B-BT Marcus v. Director\n\n3 3:23-cv-00978-D-BT Walton v. USA\n\n4 3:23-cv-02449-D-BT Manzo v. Federal Bureau of Prisons\n\n5 3:23-cv-2677-S-BT Jackson v. Smali Business Administration et al\n\n6 3:24-cv-00175-S-BT Gonzales v. Collier\n\n7 3:24-cv-00661-B-BT Hammons v. Tradeline Motorcars et al\n\n8 3:24-cv-00637-S-BT Humes v. McDonald's Walmart #5416-945\n\n9 3:24-cv-01708-X-BT Traeger v. Jones et al\n\n10 3:23-cv-00315-X-BT Duhon v. Metropolitan Tower Life Insurance Company et al\n\n11 3:23-cv-02194-8-BT Walters v. Garland\n\n12 3:23-cv-02157-L-BT United States of America v. Morgan et al\n3:24-cv-00277-L National Association of Blind Merchants et al v. The Army & Air Force Exchange\n\n13 Service et al\n\n14 3:24-cv-00273-N-BT De Pute v. United States of America et al\n\n15 3:24-cv-00703-B-BT Freeman v. USA et al\n\n16 3:23-cv-01994-S-BT Davis v. City of Mclendon Chisholm et al\n\n17 3:24-cv-00731-L Crenshaw v. Anderson et al\n\n18 3:24-mc-00034-B-BT Calhoun v. United States\n\n19 3:23-cv-02682-5-BT Phoenix Bulk Carriers LLC v. CAL-IXA Aggregates LLC\n\n20 3:24-cv-01590-N-BT Jackson v. United States Postal Service et al\n\n27 3:24-cv-01759-B-BT Woods v. Delta Air Lines inc\n\n22 2:23-cv-00171-BT Row v. Commissioner\n\n23 1:24-cv-00083-BT Gonzales v. Commissioner\n\n24 5:23-cv-00293-BT Mims v. Commissioner\n\n25 3:14-cv-02970-X Clapper et al v. American Realty Investors Inc et al\n\n26 3:20-cv-01276-N Kunze et al v. Baylor Scott & White Health et al\n\n27 3:20-cv-01364-E Malbrew et al v. A+ Charter Schools\n\n28 3:21-cv-02131-K Bernstein v. Maximus Federal Services Inc\n\n29 3:22-cv-00876-N Grimmett et al v. Coleman et al\n\n30 3:22-cv-02116-X Black v. UNUM Life Insurance Company of America\n\n31 3:22-cv-02182-M Range! de Oliveira v. Bierman\n\n32 3:22-cv-02184-B Mid-Continent Casualty Company v. Vibrant Builders et ai\n\n33 3:23-cv-00271-K Green v. USA\n\n34 3:23-cv-01340-L Perez v. Experian Information Solutions Inc\n\n35 3:23-cv-01412-N Aravamuthan v. US Citizenship & immigration Service et al\n\n36 3:23-cv-01416-B8 Landmark American Insurance Company v. Richland Trace Owners Association Inc\n\n37 3:23-cv-01441-N Thompson v. McGehee et al\n\n38 3:23-cv-01490-S Norwood v. Dallas County Hospital District\n\n39 3:23-cv-01494-N Mathew v. Santander Consumer USA Inc\n\n40 3:23-cv-02051-N Shrestha et al v. USCIS et al\n\n41 3:23-cv-02089-E Nationstar Mortgage LLC v. ACI Payments Inc et al\n\n42 3:22-cv-01529-N Oliver v. Wal-Mart Stores Texas LLC et al\n\n12\n\fCase 3:23-cv-02238-E Document 14 Filed 08/23/24 Page14o0f14 PagelD 111\n\nExhibit A\n\nCASES TO BE TRANSFERRED FROM THE DOCKET OF JUDGE REBECCA RUTHERFORD\nTO JUDGE MCKAY\n\n43 3:23-cv-00045-E Mauricio et al v. US Postal Service\n\n44 3:23-cv-01168-N-BT United States of America v. $39,900 in US Currency\n45 3:23-cv-02146-D Securities and Exchange Commission v. Verges et al\n\n46 3:23-cv-02222-K Heard et al v. State Farm Lloyds\n\n47 3:23-cv-02591-D Oldham v. State Farm Lloyds\n\n48 3:23-cv-02621-8 Sealed v. Sealed\n\n49 3:23-cv-02701-\u00a3 Pertrorock Mineral Holdings, LLC et al v. Minerva Resources, LLC et al\n50 3:23-cv-02271-S Hayes v. City of Dallas et al\n\n51 3:23-cv-02338-K Smith v. USA\n\n52 3:23-cv-02462-D Botone et al v. Unitrin Safeguard Insurance Company\n\n53 3:24-cv-00014-D Hardrick v. Wells Fargo Bank National Association et al\n54 3:24-cv-00201-K Ware et al v. Meridian Security Insurance Company\n\n55 3:24-cv-00204-X United States of America v. $45,000.00 in US Currency\n56 3:24-cv-00220-B Bayazeed v. Robinson et al\n\n57 3:24-cv-00664-X VDPP, LLC v. Mercedes-Benz USA, LLC\n\n58 3:24-cv-00700-X-BT Garrison v. John Doe et al\n\n59 3:24-cv-00943-E M&H Metal Specialties Inc v. Sheet Metal Workers Nat'l Pension Fd\n60 3:24-cv-00944-5 USA v. Various Amounts of Funds Seized\n\n61 3:24-cv-01169-B Nieto v. USA\n\n62 3:24-cv-01484-S5 Antunez-Martinez v. Mayorkas\n\n63 3:24-cv-01525-K Gonzales Miranda et al v. Jaddou\n\n64 3:24-cv-01674-E-BT Turner v. Equal Employment Opportunity Comm et al\n65 3:24-cv-01676-S Bibars v. Jaddou et al\n\n66 3:24-cv-01795-S Valtrus Innovations Ltd et al v. Google LLC\n\n67 3:24-cv-01902-K-BT Allen-Straight v. Director-TBC)\n\n68 3:24-cv-02028-X-BT Lockwood v. Chilcoat et al\n\n69 3:24-cv-02114-K-BT Santana v. Cantu et al\n\n70 3:24-cv-02127-X-BT Stancu v. Equal Employment Cppertunity Commission\n71 3:24-cy-02132-S-BT Damm v. Dallas County Jail\n\n72 3:24-cv-02143-B-BT Jalloul v. USA\n\n73 3:24-cv-02144-5-BT Jeffery v. NLN\n\n74 4:24-cv-00678-B8T Bolden v. Commissioner\n\n13\n","ocr_status":1,"date_upload":"2024-08-23T13:44:25.606983-07:00","document_number":"23","attachment_number":null,"pacer_doc_id":"177017081352","is_available":true,"is_free_on_pacer":null,"is_sealed":false,"document_type":1,"description":"Order Reassigning Case","acms_document_guid":""}],"date_created":"2024-08-23T13:44:25.334261-07:00","date_modified":"2024-08-23T14:20:26.682810-07:00","date_filed":"2024-08-23","time_filed":"15:42:48","entry_number":23,"recap_sequence_number":"2024-08-23.001","pacer_sequence_number":54,"description":"Special Order No. 3-354: Effective August 23, 2024, the cases listed on Exhibit A to this order are transferred to Magistrate Judge Brian McKay and shall henceforth carry the suffix letters BW. This case has been reassigned pursuant to Special Order No. 3-354. (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief Judge David C. Godbey on 8/23/2024) (mms)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/399400913/","id":399400913,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/408610901/","id":408610901,"tags":[],"absolute_url":"","date_created":"2024-08-14T12:10:03.030225-07:00","date_modified":"2024-08-14T12:10:03.036259-07:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order of Dismissal or Administrative Closure","acms_document_guid":""}],"date_created":"2024-08-14T12:10:03.017857-07:00","date_modified":"2024-08-14T12:10:03.017871-07:00","date_filed":"2024-08-14","time_filed":"13:29:00","entry_number":null,"recap_sequence_number":"2024-08-14.001","pacer_sequence_number":null,"description":"","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/399392928/","id":399392928,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/408599775/","id":408599775,"tags":[],"absolute_url":"/docket/67869497/22/paez-v-childrens-health-system-of-texas/","date_created":"2024-08-14T11:30:02.376722-07:00","date_modified":"2024-08-14T11:30:02.387879-07:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"22","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order of Dismissal or Administrative Closure","acms_document_guid":""}],"date_created":"2024-08-14T11:30:02.358092-07:00","date_modified":"2024-08-14T11:30:02.362519-07:00","date_filed":"2024-08-14","time_filed":null,"entry_number":22,"recap_sequence_number":"2024-08-14.001","pacer_sequence_number":null,"description":"ELECTRONIC ORDER OF ADMINISTRATIVE CLOSURE - The Court has been notified that this case has settled. The Parties are therefore directed to submit (1) their dismissal papers or (2) a joint status report updating the Court as to the status of the settlement within 60 days from the date of this order. There appears to be no further reason at this time to maintain the file as open for statistical purposes. The Clerk is therefore instructed to submit a JS-6 form to the Administrative Office, thereby removing this case from the statistical records. Nothing in this Order shall be considered a dismissal or disposition of this case, and should further proceedings become necessary or desirable, any party or the Court may initiate such further proceedings in the same manner as if this Order had not been entered. (Ordered by Judge Ada Brown on 8/14/2024) (chmb)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/399276046/","id":399276046,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/408480764/","id":408480764,"tags":[],"absolute_url":"/docket/67869497/21/paez-v-childrens-health-system-of-texas/","date_created":"2024-08-13T11:39:08.893736-07:00","date_modified":"2024-08-14T02:19:02.934493-07:00","sha1":"9271002918e93de4221f979dda0d07d6dbb02234","page_count":1,"file_size":119362,"filepath_local":"recap/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.21.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.21.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 3:23-cv-02243-E Document 21 Filed 08/13/24 Page 1 of 1 PageID 113\n\n\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE NORTHERN DISTRICT OF TEXAS\n DALLAS DIVISION\n\nALEXANDER PAEZ, \u00a7\n \u00a7\n Plaintiff, \u00a7\n \u00a7\nv. \u00a7 Civil Action No. 3:23-cv-2243-E\n \u00a7\nCHILDREN\u2019S HEALTH SYSTEM OF \u00a7\nTEXAS, \u00a7\n \u00a7\n Defendant. \u00a7\n\n JOINT NOTICE OF RESOLUTION OF MATTER\n\n Plaintiff Alexander Paez (\u201cPlaintiff\u201d) and Defendant Children\u2019s Health System of Texas\n\n(\u201cDefendant\u201d) jointly file this notice to inform the Court as follows:\n\n 1. Plaintiff and Defendant have resolved the above-referenced matter.\n\n 2. The Parties anticipate submitting a joint motion to dismiss this matter with\n\nprejudice within the next 30 calendar days.\n\nRespectfully submitted,\n\nGASPER LAW PLLC OGLETREE, DEAKINS, NASH, SMOAK\n & STEWART, P.C.\nBy: /s/ Travis Gasper\n Travis Gasper By: /s/ Jamie Ashton (with permission)\n Texas Bar No. 24096881 Jamie Ashton\n 1408 N. Riverfront Blvd., Suite 323 Texas State Bar No. 24087211\n Dallas, Texas 75207 jamie.ashton@ogletree.com\n Phone: (469) 663-7736 Molly Ann Lawrence\n Fax: (833) 957-2957 Texas State Bar No. 24083365\n Email: travis@travisgasper.com mollyann.lawrence@ogletree.com\n 8117 Preston Road, Suite 500\nATTORNEY FOR PLAINTIFF Dallas, Texas 75225\n Telephone: (214) 987-3800\n Facsimile: (214) 987-3927\n\n ATTORNEYS FOR DEFENDANT\n\n\n\nJOINT NOTICE OF RESOLUTION OF MATTER Solo Page\n\f","ocr_status":2,"date_upload":"2024-08-13T11:39:09.209779-07:00","document_number":"21","attachment_number":null,"pacer_doc_id":"177017052545","is_available":true,"is_free_on_pacer":null,"is_sealed":false,"document_type":1,"description":"Notice (Other)","acms_document_guid":""}],"date_created":"2024-08-13T11:39:08.876321-07:00","date_modified":"2024-08-13T11:39:08.880467-07:00","date_filed":"2024-08-13","time_filed":null,"entry_number":21,"recap_sequence_number":"2024-08-13.001","pacer_sequence_number":50,"description":"NOTICE of Joint Resolution filed by Alexander Paez (Gasper, Travis)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/396511464/","id":396511464,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/405660539/","id":405660539,"tags":[],"absolute_url":"/docket/67869497/20/paez-v-childrens-health-system-of-texas/","date_created":"2024-07-15T17:38:55.369691-07:00","date_modified":"2024-07-16T02:18:12.447628-07:00","sha1":"ec0e58cea453575286ce1a639414ab08253570dd","page_count":4,"file_size":312257,"filepath_local":"recap/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.20.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.20.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 3:23-cv-02243-E Document 20 Filed 07/15/24 Page 1 of 4 PageID 109\n\n\n\n UNITED STATES DISTRICT COURT\n NORTHERN DISTRICT OF TEXAS\n DALLAS DIVISION\n\n ALEXANDER PAEZ, \u00a7\n \u00a7\n Plaintiff, \u00a7\n \u00a7\n v. \u00a7 Civil Action No. 3:23-cv-2243-E\n \u00a7\n CHILDREN\u2019S HEALTH SYSTEM OF \u00a7\n TEXAS, \u00a7\n \u00a7\n Defendant. \u00a7\n\n DEFENDANT\u2019S DESIGNATION OF EXPERT WITNESSES\n\n Pursuant to the Court\u2019s Scheduling Order issued December 27, 2023 (Dkt. 10), Defendant\n\nChildren\u2019s Health System of Texas (\u201cDefendant\u201d) files its Designation of Expert Witnesses, and\n\nin support thereof shows as follows:\n\n Designation of Expert Witnesses\n\n Defendant identifies the following witnesses who may be called as expert witnesses at trial:\n\n (1) Jamie Ashton\n OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.\n 8117 Preston Road, Suite 500\n Dallas, TX 75225\n (214) 987-3800\n\n Ms. Ashton will testify, if necessary, as to Plaintiff\u2019s and/or Defendant\u2019s reasonable and\n\nnecessary attorneys\u2019 fees. Specifically, Ms. Ashton will testify in rebuttal to any testimony or\n\nevidence Plaintiff may offer on the subject of his attorneys\u2019 fees.\n\n Additionally, in the event Defendant pursues an award of attorneys\u2019 fees, costs, or expenses\n\nin this matter, Ms. Ashton will testify concerning, among other things, the hourly rates of the\n\nprofessionals working on this case; the hours expended by each such professional; the fees,\n\nexpenses, and costs that were or will be incurred by Defendant; and the customary and usual nature,\n\n\nDEFENDANT\u2019S DESIGNATION OF EXPERT WITNESSES PAGE 1\n\f Case 3:23-cv-02243-E Document 20 Filed 07/15/24 Page 2 of 4 PageID 110\n\n\n\nreasonableness, and necessity of the fees, costs, and expenses that were or will be incurred by\n\nDefendant in this matter, including, if applicable, the appeal of the captioned case.\n\n The testimony of Ms. Ashton will be based on, among other things, the time and labor\n\nrequired; the novelty and difficulty of the questions involved; the skill required to perform the\n\nlegal services properly; the time limitations imposed by the client or circumstances; the nature and\n\nlength of the professional relationship with the client; the experience, reputation, and ability of the\n\nlawyer or lawyers performing the services; and all other matters relevant to an award of attorneys\u2019\n\nfees, costs, and expenses. The professional profile of Ms. Ashton is available on her firm\u2019s website\n\nat the following link: https://ogletree.com/people/jamie-brod-ashton/\n\n\n (2) Bryant S. McFall\n OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.\n 8117 Preston Road, Suite 500\n Dallas, TX 75225\n (214) 987-3800\n (214) 987-3927 (Facsimile)\n\n Mr. McFall will testify, if necessary, as to Plaintiff\u2019s and/or Defendant\u2019s reasonable and\n\nnecessary attorneys\u2019 fees. Specifically, Mr. McFall will testify in rebuttal to any testimony or\n\nevidence Plaintiff may offer on the subject of his attorneys\u2019 fees.\n\n Additionally, in the event Defendant pursues an award of attorneys\u2019 fees, costs, or expenses\n\nin this matter, Mr. McFall will testify concerning, among other things, the hourly rates of the\n\nprofessionals working on this case; the hours expended by each such professional; the fees,\n\nexpenses, and costs that were or will be incurred by Defendant; and the customary and usual nature,\n\nreasonableness, and necessity of the fees, costs, and expenses that were or will be incurred by\n\nDefendant in this matter, including, if applicable, the appeal of the captioned case.\n\n\n\n\nDEFENDANT\u2019S DESIGNATION OF EXPERT WITNESSES PAGE 2\n\f Case 3:23-cv-02243-E Document 20 Filed 07/15/24 Page 3 of 4 PageID 111\n\n\n\n The testimony of Mr. McFall will be based on, among other things, the time and labor\n\nrequired; the novelty and difficulty of the questions involved; the skill required to perform the\n\nlegal services properly; the time limitations imposed by the client or circumstances; the nature and\n\nlength of the professional relationship with the client; the experience, reputation, and ability of the\n\nlawyer or lawyers performing the services; and all other matters relevant to an award of attorneys\u2019\n\nfees, costs, and expenses. The professional profile of Mr. McFall is available on his firm\u2019s website\n\nat the following link: https://ogletree.com/people/bryant-s-mcfall/\n\n Cross Designation of Expert Witness(es)\n\n Defendant reserves the right to elicit, by cross-examination, opinion testimony from\n\nexperts designated and called by Plaintiff, if any1. Defendant expresses its intention to possibly\n\ncall, as witnesses associated with Defendant, the individuals identified or designated by Plaintiff\n\nas experts, if any.\n\n Rebuttal and Other Expert Witness(es)\n\n Defendant reserves the right to call undesignated rebuttal expert witnesses whose testimony\n\ncannot reasonably be foreseen until the presentation of Plaintiff\u2019s claims and evidence.\n\n Right to Withdraw Designation of Expert\n\n Defendant reserves the right to withdraw the designation of any expert witness previously\n\ndesignated as such and to re-designate the same as a consulting expert who cannot be called by\n\nPlaintiff.\n\n\n\n\n1 Per the Scheduling Order entered in this case (Dkt. 10), Plaintiff was required to file his expert\ndesignation(s) on or before June 14, 2024. He did not do so.\n\n\nDEFENDANT\u2019S DESIGNATION OF EXPERT WITNESSES PAGE 3\n\f Case 3:23-cv-02243-E Document 20 Filed 07/15/24 Page 4 of 4 PageID 112\n\n\n\n Right to Elicit Opinion or Lay Opinion Testimony\n\n Defendant reserves the right to elicit any expert opinion or lay opinion testimony from any\n\nwitness, fact or expert, at the time of trial which would be truthful, beneficial to the Court to\n\ndetermine material issues of fact, and would not violate any existing order of the Court or any\n\napplicable Federal Rule of Civil Procedure.\n\n Reservation of Additional Rights\n\n Defendant reserves whatever additional rights it may have with regard to expert witnesses\n\npursuant to the Federal Rules of Civil Procedure, the Federal Rules of Evidence, the case law\n\nconstruing same, and the rulings of the Court.\n\n\n Respectfully submitted,\n\n OGLETREE, DEAKINS, NASH, SMOAK &\n STEWART, P.C.\n\n By: /s/ Jamie Ashton\n JAMIE ASHTON\n Texas State Bar No. 24087211\n jamie.ashton@ogletree.com\n MOLLY ANN LAWRENCE\n Texas State Bar No. 24083365\n mollyann.lawrence@ogletree.com\n 8117 Preston Road, Suite 500\n Dallas, Texas 75225\n (214) 987-3800 (phone)\n (214) 987-3927 (fax)\n\n ATTORNEYS FOR DEFENDANT\n\n CERTIFICATE OF SERVICE\n\n This is to certify that on this 15th day of July, 2024, a true and correct copy of the above\nwas filed with the Clerk of the Court using the CM/ECF system, which will send notification to\nthe parties\u2019 counsel of record.\n\n\n /s/ Molly Ann Lawrence\n MOLLY ANN LAWRENCE\n\n\nDEFENDANT\u2019S DESIGNATION OF EXPERT WITNESSES PAGE 4\n\f","ocr_status":2,"date_upload":"2024-07-15T17:38:55.564536-07:00","document_number":"20","attachment_number":null,"pacer_doc_id":"177016983976","is_available":true,"is_free_on_pacer":null,"is_sealed":false,"document_type":1,"description":"Designation of Experts","acms_document_guid":""}],"date_created":"2024-07-15T17:38:55.352826-07:00","date_modified":"2024-07-15T17:38:55.356237-07:00","date_filed":"2024-07-15","time_filed":null,"entry_number":20,"recap_sequence_number":"2024-07-15.001","pacer_sequence_number":48,"description":"Designation of Experts by Childrens Health System of Texas. (Lawrence, Molly)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/392097078/","id":392097078,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/401114691/","id":401114691,"tags":[],"absolute_url":"","date_created":"2024-05-29T12:23:37.221410-07:00","date_modified":"2024-05-29T12:23:37.228106-07:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order on Motion for Extension of Time","acms_document_guid":""}],"date_created":"2024-05-29T12:23:37.171703-07:00","date_modified":"2024-05-29T12:23:37.171717-07:00","date_filed":"2024-05-29","time_filed":"13:24:38","entry_number":null,"recap_sequence_number":"2024-05-29.001","pacer_sequence_number":null,"description":"","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/392084197/","id":392084197,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/401101585/","id":401101585,"tags":[],"absolute_url":"/docket/67869497/19/paez-v-childrens-health-system-of-texas/","date_created":"2024-05-29T11:25:34.667752-07:00","date_modified":"2024-05-29T11:25:34.673217-07:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"19","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order on Motion for Extension of Time","acms_document_guid":""}],"date_created":"2024-05-29T11:25:34.644259-07:00","date_modified":"2024-05-29T11:25:34.649533-07:00","date_filed":"2024-05-29","time_filed":null,"entry_number":19,"recap_sequence_number":"2024-05-29.001","pacer_sequence_number":null,"description":"ELECTRONIC ORDER granting [18] Unopposed Motion to Extend Time to Mediate. Deadline for mediation is on or before 8/23/2024. (Ordered by Judge Ada Brown on 5/29/2024) (chmb)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/391199074/","id":391199074,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/400160271/","id":400160271,"tags":[],"absolute_url":"/docket/67869497/18/paez-v-childrens-health-system-of-texas/","date_created":"2024-05-24T13:47:10.773345-07:00","date_modified":"2024-05-25T02:15:14.352652-07:00","sha1":"2f9953dfa075daaefb0696cd5de108b9c58728f2","page_count":3,"file_size":142596,"filepath_local":"recap/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.18.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.18.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 3:23-cv-02243-E Document 18 Filed 05/24/24 Page 1 of 3 PageID 105\n\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE NORTHERN DISTRICT OF TEXAS\n DALLAS DIVISION\n\nALEXANDER PAEZ, \u00a7\n \u00a7\n Plaintiff, \u00a7\n \u00a7\nv. \u00a7 Civil Action No. 3:23-cv-2243-E\n \u00a7\nCHILDREN\u2019S HEALTH SYSTEM OF \u00a7\nTEXAS, \u00a7\n \u00a7\n Defendant. \u00a7\n\n PLAINTIFF\u2019S UNOPPOSED MOTION TO EXTEND MEDIATION DEADLINE\n\n Pursuant to the December 27, 2023 Scheduling Order [Dkt. 10], Plaintiff Alexander Paez\n\n(\u201cPlaintiff\u201d) moves the Court to extend the deadline for the Parties to mediate and states as follows:\n\n I. BACKGROUND\n\n This is an employment discrimination case filed pursuant to the FMLA and ADA, arising from\n\nPlaintiff\u2019s employment with Defendant. Defendant filed its Answer to Plaintiff\u2019s Original Complaint\n\non December 11, 2023 [Dkt. 6]. Courtenay L. Bass of Gilbert Mediation Group is the agreed mediator\n\nin this case [Dkt. 9; Dkt. 13]. On December 27, 2023, the Court issued a Scheduling Order establishing\n\nvarious case deadlines, including mediation, completion of discovery, and the due date to file\n\ndispositive motions [Dkt. 13]. Since then, the Parties requested and the Court granted one extension\n\nto the Scheduling Order [Dkt. 14; Dkt. 15]. The current mediation deadline is June 17, 2024 [Dkt. 15].\n\n This motion does not seek a continuance of the deadline for completion of discovery (October\n\n15, 2024) or the deadline to file dispositive motions (November 15, 2024), or of the trial date (three-\n\nweek docket beginning April 1, 2025).\n\n\n\n\nPLAINTIFF\u2019S UNOPPOSED MOTION TO EXTEND MEDIATION DEADLINE Page 1\n\f Case 3:23-cv-02243-E Document 18 Filed 05/24/24 Page 2 of 3 PageID 106\n\n\n\n II. GROUNDS FOR CONTINUANCE\n\n Plaintiff\u2019s deposition took place on April 24, 2024. Plaintiff took the deposition of one of\n\nDefendant\u2019s corporate representatives on May 1, 2024. The deposition of Defendant\u2019s other corporate\n\nrepresentative was noticed and scheduled for May 9, 2024. The afternoon of May 8, 2024, Defendant\n\nproduced additional documents that Plaintiff\u2019s counsel needed more time to review before the May 9\n\ndeposition. Plaintiff\u2019s counsel notified defense counsel of such and sent an amended notice that set\n\nthe deposition for May 29, 2024. On May 17, defense counsel notified Plaintiff\u2019s counsel that \u201cMay\n\n29 is not available\u201d and requested Plaintiff\u2019s availability from July 15\u201324.\n\n Mediation is currently set for June 17, 2024\u2014selected by the Parties so that mediation would\n\ntake place after depositions were completed.1 Because it appears that defense counsel or Defendant\u2019s\n\ncorporate representative is not available for deposition until July 15\u201324, mediation must necessarily\n\noccur later than it is currently scheduled, after the current mediation deadline. The Parties have already\n\nbeen in contact with the mediator\u2019s office to check availability for a mediation date after July 15\u201324.\n\nThe mediator currently has nine dates available before the deadline proposed/requested here.\n\n The requested extension does not affect any other deadlines in this case, including the\n\ndeadlines for discovery or dispositive motions, or of the trial date.\n\n III. RELIEF REQUESTED\n\n Considering the foregoing factors, Plaintiff respectfully requests an extension of the mediation\n\ndeadline under the Scheduling Order to August 23, 2024. This is the second request for an extension\n\nof a Scheduling Order deadline in this case. The request is not made for purposes of delay, but so that\n\njustice may be done.\n\n\n\n\n1\n \u201cThe Parties anticipate that mediation would be more productive after the Parties\u2019 depositions are\ncompleted.\u201d See Joint Motion to Extend Mediation Deadline [Dkt. 14 at 2].\n\n\nPLAINTIFF\u2019S UNOPPOSED MOTION TO EXTEND MEDIATION DEADLINE Page 2\n\f Case 3:23-cv-02243-E Document 18 Filed 05/24/24 Page 3 of 3 PageID 107\n\n\n\n IV. CONCLUSION\n\n WHEREFORE, Plaintiff Alexander Paez respectfully prays that this Court grant this\n\nUnopposed Motion to Extend Mediation Deadline and continue the current mediation deadline to\n\nAugust 23, 2024.\n\n Respectfully submitted,\n\n GASPER LAW PLLC\n\n By: /s/ Travis Gasper\n Travis Gasper\n Texas Bar No. 24096881\n 1408 N. Riverfront Blvd., Suite 323\n Dallas, Texas 75207\n Phone: (469) 663-7736\n Fax: (833) 957-2957\n Email: travis@travisgasper.com\n ATTORNEY FOR PLAINTIFF\n\n\n CERTIFICATE OF CONFERENCE\n\n Plaintiff\u2019s counsel conferred with counsel for Defendant, who indicated Defendant is\n\nunopposed to the relief requested herein.\n\n s/ Travis Gasper\n Travis Gasper\n\n\n CERTIFICATE OF SERVICE\n\n I hereby certify that on May 24, 2024, I electronically filed the foregoing with the Clerk of\n\nCourt using the CM/ECF system, which will send a notice of electronic filing to all counsel of record.\n\n s/ Travis Gasper\n Travis Gasper\n\n\n\n\nPLAINTIFF\u2019S UNOPPOSED MOTION TO EXTEND MEDIATION DEADLINE Page 3\n\f","ocr_status":2,"date_upload":"2024-05-24T13:47:11.125506-07:00","document_number":"18","attachment_number":null,"pacer_doc_id":"177016869322","is_available":true,"is_free_on_pacer":null,"is_sealed":false,"document_type":1,"description":"Motion To Extend Time","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/400160279/","id":400160279,"tags":[],"absolute_url":"/docket/67869497/18/1/paez-v-childrens-health-system-of-texas/","date_created":"2024-05-24T13:47:12.279751-07:00","date_modified":"2024-05-25T02:15:15.021626-07:00","sha1":"30b364ba3c618ef324088fb02ca64b5646a8b252","page_count":1,"file_size":91885,"filepath_local":"recap/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.18.1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.18.1.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 3:23-cv-02243-E Document 18-1 Filed 05/24/24 Page 1 of 1 PageID 108\n\n\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE NORTHERN DISTRICT OF TEXAS\n DALLAS DIVISION\n\nALEXANDER PAEZ, \u00a7\n \u00a7\n Plaintiff, \u00a7\n \u00a7\nv. \u00a7 Civil Action No. 3:23-cv-2243-E\n \u00a7\nCHILDREN\u2019S HEALTH SYSTEM OF \u00a7\nTEXAS, \u00a7\n \u00a7\n Defendant. \u00a7\n ORDER\n\n The Court has considered Plaintiff\u2019s Unopposed Motion to Extend Mediation Deadline.\n\nFor the reasons stated therein, the Court finds that the Motion is well taken and should be and\n\nhereby is GRANTED.\n\n Accordingly, it is ORDERED that the mediation deadline be extended to August 23,\n\n2024. This Order does not affect or alter any other deadlines set forth in Dkt. 10.\n\n\n\n SIGNED this _______ day of ____________________________, 2024.\n\n\n\n\n JUDGE ADA BROWN\n UNITED STATES DISTRICT JUDGE\n\n\n\n\nORDER PAGE 1\n 61298683.v1-OGLETREE\n\f","ocr_status":2,"date_upload":"2024-05-24T13:47:13.996230-07:00","document_number":"18","attachment_number":1,"pacer_doc_id":"177016869323","is_available":true,"is_free_on_pacer":null,"is_sealed":false,"document_type":2,"description":"Proposed Order","acms_document_guid":""}],"date_created":"2024-05-24T13:47:10.731373-07:00","date_modified":"2024-05-24T13:47:10.739022-07:00","date_filed":"2024-05-24","time_filed":null,"entry_number":18,"recap_sequence_number":"2024-05-24.001","pacer_sequence_number":43,"description":"Unopposed MOTION to Extend Time to Mediate filed by Alexander Paez (Attachments: (1) Proposed Order) (Gasper, Travis)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/385162540/","id":385162540,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/393445154/","id":393445154,"tags":[],"absolute_url":"/docket/67869497/17/paez-v-childrens-health-system-of-texas/","date_created":"2024-04-18T13:17:08.464961-07:00","date_modified":"2024-04-19T02:16:47.817739-07:00","sha1":"f419cd8d7bde6df5cc738fd28f073a1e12671f98","page_count":12,"file_size":414355,"filepath_local":"recap/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.17.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.17.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 3:23-cv-02243-E Document 17 Filed 04/18/24 Page 1 of 12 PageID 93\n\n\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE NORTHERN DISTRICT OF TEXAS\n DALLAS DIVISION\nALEXANDER PAEZ, \u00a7\n \u00a7\n Plaintiff, \u00a7\n \u00a7\nv. \u00a7 Civil Action No. 3:23-cv-2243-E\n \u00a7\nCHILDREN\u2019S HEALTH SYSTEM OF \u00a7\nTEXAS, \u00a7\n \u00a7\n Defendant. \u00a7\n\n\n AGREED PROTECTIVE ORDER\n\n\n Contents\n I. Proceedings and Information Governed ............................................................................................ 2\n II. Designation and Maintenance of Information .................................................................................... 2\n III. Inadvertent Failure to Designate ........................................................................................................ 4\n IV. Challenge to Designations ................................................................................................................. 4\n V. Disclosure and Use of Confidential Information ............................................................................... 5\n VI. Non-Party Information ...................................................................................................................... 7\n VII. Filing Documents with the Court ...................................................................................................... 8\n VIII. No Prejudice ...................................................................................................................................... 8\n IX. Conclusion of Litigation .................................................................................................................... 9\n X. Remedies ........................................................................................................................................... 9\n\n\n\n (This Space Is Left Blank Intentionally.)\n\n\n\n\n AGREED PROTECTIVE ORDER Page 1 of 10\n\f Case 3:23-cv-02243-E Document 17 Filed 04/18/24 Page 2 of 12 PageID 94\n\n\n\n I. Proceedings and Information Governed\n\n 1. This Order (\u201cProtective Order\u201d) is made under FED. R. CIV. P. 26(c). It governs any\n\ndocument, information, or other thing furnished by any party to any other party, and it includes\n\nany non-party who receives a subpoena in connection with this action. The information protected\n\nincludes, but is not limited to: answers to interrogatories; answers to requests for admission;\n\nresponses to requests for production of documents; deposition transcripts and videotapes;\n\ndeposition exhibits; and other writings or things produced, given or filed in this action that are\n\ndesignated by a party as \u201cConfidential Information\u201d or \u201cConfidential Attorney Eyes Only\n\nInformation\u201d in accordance with the terms of this Protective Order, as well as to any copies,\n\nexcerpts, abstracts, analyses, summaries, descriptions, or other forms of recorded information\n\ncontaining, reflecting, or disclosing such information.\n\n II. Designation and Maintenance of Information\n\n 2. For purposes of this Protective Order:\n\n (a) the \u201cConfidential Information\u201d designation means that the document is\n\n comprised of trade secrets or commercial information that is not publicly known\n\n and is of technical or commercial advantage to its possessor, in accordance with\n\n FED. R. CIV. P. 26(c)(1)(G), or other information required by law or agreement\n\n to be kept confidential; and\n\n (b) the \u201cConfidential Attorney Eyes Only\u201d designation means that the document is\n\n comprised of information that the producing party deems especially sensitive,\n\n which may include, but is not limited to, confidential research and development,\n\n financial, technical, marketing, any other sensitive trade secret information, or\n\n information capable of being utilized for the preparation or prosecution of a\n\n patent application dealing with such subject matter.\n\nAGREED PROTECTIVE ORDER Page 2 of 10\n\f Case 3:23-cv-02243-E Document 17 Filed 04/18/24 Page 3 of 12 PageID 95\n\n\nConfidential Information and Confidential Attorney Eyes Only Information does not include, and this\n\nProtective Order does not apply to, information that is already in the knowledge or possession of the party\n\nto whom disclosure is made unless that party is already bound by agreement not to disclose such\n\ninformation, or information that has been disclosed to the public or third persons in a manner making such\n\ninformation no longer confidential.\n\n 3. Documents and things produced during the course of this litigation within the scope of\n\nparagraph 2(a) above, may be designated by the producing party as containing Confidential\n\nInformation by placing on each page and each thing a legend substantially as follows:\n\n CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER\n\n 4. Documents and things produced during the course of this litigation within the scope of\n\nparagraph 2(b) above may be designated by the producing party as containing Confidential\n\nAttorney Eyes Only Information by placing on each page and each thing a legend substantially as\n\nfollows:\n\n CONFIDENTIAL ATTORNEY EYES ONLY INFORMATION SUBJECT TO\n PROTECTIVE ORDER\n\n 5. A party may designate information disclosed at a deposition as Confidential\n\nInformation or Confidential Attorney Eyes Only Information by requesting the reporter to so\n\ndesignate the transcript or any portion of the transcript at the time of the deposition. If no such\n\ndesignation is made at the time of the deposition, any party will have fourteen (14) calendar days\n\nafter the date of the deposition to designate, in writing to the other parties and to the court reporter,\n\nwhether the transcript is to be designated as Confidential Information or Confidential Attorneys\n\nEyes Only\n\n 6. Information. If no such designation is made at the deposition or within this fourteen\n\n(14) calendar day period (during which period, the transcript must be treated as Confidential\n\n\n\nAGREED PROTECTIVE ORDER Page 3 of 10\n\f Case 3:23-cv-02243-E Document 17 Filed 04/18/24 Page 4 of 12 PageID 96\n\n\n\nAttorneys Eyes Only Information, unless the disclosing party consents to less confidential\n\ntreatment of the information), the entire deposition will be considered devoid of Confidential\n\nInformation or Confidential Attorneys Eyes Only Information. Each party and the court reporter\n\nmust attach a copy of any final and timely written designation notice to the transcript and each\n\ncopy of the transcript in its possession, custody or control, and the portions designated in such\n\nnotice must thereafter be treated in accordance with this Protective Order. It is the responsibility of\n\ncounsel for each party to maintain materials containing Confidential Information or Confidential\n\nAttorney Eyes Only Information in a secure manner and appropriately identified so as to allow\n\naccess to such information only to such persons and under such terms as is permitted under this\n\nProtective Order.\n\n III. Inadvertent Failure to Designate\n\n 7. The inadvertent failure to designate or withhold any information as confidential or\n\nprivileged will not be deemed to waive a later claim as to its confidential or privileged nature, or\n\nto stop the producing party from designating such information as confidential at a later date in\n\nwriting and with particularity. The information must be treated by the receiving party as\n\nconfidential from the time the receiving party is notified in writing of the change in the designation.\n\n IV. Challenge to Designations\n\n 8. A receiving party may challenge a producing party\u2019s designation at any time. Any\n\nreceiving party disagreeing with a designation may request in writing that the producing party\n\nchange the designation. The producing party will then have ten (10) business days after receipt of\n\na challenge notice to advise the receiving party whether or not it will change the designation. If\n\nthe parties are unable to reach agreement after the expiration of this ten (10) businesses day\n\ntimeframe, and after the conference required under LR 7.1(a), the receiving party may at any time\n\nthereafter seek an order to alter the confidential status of the designated information. Until any\n\nAGREED PROTECTIVE ORDER Page 4 of 10\n\f Case 3:23-cv-02243-E Document 17 Filed 04/18/24 Page 5 of 12 PageID 97\n\n\n\ndispute under this paragraph is ruled upon by the presiding judge, the designation will remain in\n\nfull force and effect, and the information will continue to be accorded the confidential treatment\n\nrequired by this Protective Order.\n\n V. Disclosure and Use of Confidential Information\n\n 9. Information designated as Confidential Information or Confidential Attorney Eyes\n\nOnly Information may only be used for purposes of preparation, trial, and appeal of this action.\n\nConfidential Information or Confidential Attorney Eyes Only Information may not be used under\n\nany circumstances for prosecuting any patent application, for patent licensing, or for any other\n\npurpose.\n\n 10. Subject to paragraph 12 below, Confidential Information may be disclosed by the\n\nreceiving party only to the following individuals, provided that such individuals are informed of\n\nthe terms of this Protective Order:\n\n (a) two (2) employees of the receiving party who are required in good faith to\n\n provide assistance in the conduct of this litigation, including any settlement\n\n discussions, and who are identified as such in writing to counsel for the\n\n designating party in advance of the disclosure;\n\n (b) two (2) in-house counsel who are identified by the receiving party;\n\n (c) outside counsel for the receiving party;\n\n (d) supporting personnel employed by (b) and (c), such as paralegals, legal\n\n secretaries, data entry clerks, legal clerks, and private photocopying services;\n\n (e) experts or consultants; and\n\n (f) any persons requested by counsel to furnish services such as document coding,\n\n image scanning, mock trial, jury profiling, translation services, court reporting\n\n services, demonstrative exhibit preparation, or the creation of any computer\n\nAGREED PROTECTIVE ORDER Page 5 of 10\n\f Case 3:23-cv-02243-E Document 17 Filed 04/18/24 Page 6 of 12 PageID 98\n\n\n\n database from documents.\n\n 11. Subject to paragraph 12 below, Confidential Attorney Eyes Only Information may\n\nbe disclosed by the receiving party only to the following individuals, provided that such individuals\n\nare informed of the terms of this Protective Order:\n\n (a) outside counsel for the receiving party;\n\n (b) supporting personnel employed by outside counsel, such as paralegals, legal\n\n secretaries, data entry clerks, legal clerks, private photocopying services;\n\n (c) experts or consultants; and\n\n (d) those individuals designated in paragraph 11(c).\n\n 12. Further, prior to disclosing Confidential Information or Confidential Attorney Eyes\n\nOnly Information to a receiving party\u2019s proposed expert, consultant, or employees, the receiving\n\nparty must provide to the producing party a signed Certificate of Acknowledgement of Agreed\n\nProtective Order in the form attached as Exhibit A, the resume or curriculum vitae of the proposed\n\nexpert or consultant, the expert or consultant\u2019s business affiliation, and any current and past\n\nconsulting relationships in the industry. The producing party will thereafter have ten (10) business\n\ndays from receipt of the Certificate of Acknowledgement of Agreed Protective Order to object to\n\nany proposed individual. The objection must be made for good cause and in writing, stating with\n\nparticularity the reasons for the objection. Failure to object within ten(10) business days constitutes\n\napproval. If the parties are unable to resolve any objection, the receiving party may apply to the\n\npresiding judge to resolve the matter. There will be no disclosure to any proposed individual during\n\nthe ten (10) business day objection period, unless that period is waived by the producing party, or\n\nif any objection is made, until the parties have resolved the objection, or the presiding judge has\n\nruled upon any resultant motion.\n\n\n\nAGREED PROTECTIVE ORDER Page 6 of 10\n\f Case 3:23-cv-02243-E Document 17 Filed 04/18/24 Page 7 of 12 PageID 99\n\n\n\n 13. Counsel is responsible for the adherence by third-party vendors to the terms and\n\nconditions of this Protective Order. Counsel may fulfill this obligation by obtaining a signed\n\nCertificate of Acknowledgement of Agreed Protective Order in the form attached as Exhibit A.\n\n 14. Confidential Information or Confidential Attorney Eyes Only Information may be\n\ndisclosed to a person who is not already allowed access to such information under this Protective\n\nOrder if:\n\n (a) the information was previously received or authored by the person or was\n\n authored or received by a director, officer, employee or agent of the company for\n\n which the person is testifying as a designee under FED. R. CIV. P. 30(b)(6);\n\n (b) the designating party is the person or is a party for whom the person is a director,\n\n officer, employee, consultant or agent; or\n\n (c) counsel for the party designating the material agrees that the material may be\n\n disclosed to the person.\n\n In the event of disclosure under this paragraph, only the reporter, the person, his or her counsel,\n\n the presiding judge, and persons to whom disclosure may be made and who are bound by this\n\n Protective Order, may be present during the disclosure or discussion of Confidential\n\n Information. Disclosure of material pursuant to this paragraph does not constitute a waiver of\n\n the confidential status of the material so disclosed.\n\n VI. Non-Party Information\n\n 15. The existence of this Protective Order must be disclosed to any person producing\n\ndocuments, tangible things, or testimony in this action who may reasonably be expected to desire\n\nconfidential treatment for such documents, tangible things or testimony. Any such person may\n\ndesignate documents, tangible things, or testimony confidential pursuant to this Protective Order.\n\n\n\nAGREED PROTECTIVE ORDER Page 7 of 10\n\f Case 3:23-cv-02243-E Document 17 Filed 04/18/24 Page 8 of 12 PageID 100\n\n\n\n VII. Filing Documents with the Court\n\n 16. If any party wishes to submit Confidential Information to the court, the submission\n\n must be filed only in a sealed envelope bearing the caption of this action and a notice in the\n\n following form:\n\n CONFIDENTIAL INFORMATION\nAlexander Paez v. Children\u2019s Health System of Texas, Civil Action No. 3:23-cv-2243-E\npending in the United States District Court for the Northern District of Texas, Dallas\nDivision\n This envelope, which is being filed under seal, contains documents that are\n subject to a Protective Order governing the use of confidential discovery material.\n\n 17. If the parties desire for the documents to be filed under seal, they must comply with\n\n the Court\u2019s Standing Order on Filing Materials Under Seal, which the Court shall issue by separate\n\n order today.\n\n VIII. No Prejudice\n\n 18. Producing or receiving confidential information, or otherwise complying with the terms\n\n of this Protective Order, will not\n\n (a) operate as an admission by any party that any particular Confidential\n\n Information contains or reflects trade secrets or any other type of confidential\n\n or proprietary information;\n\n (b) prejudice the rights of a party to object to the production of information or\n\n material that the party does not consider to be within the scope of discovery;\n\n (c) prejudice the rights of a party to seek a determination by the presiding judge\n\n that particular materials be produced;\n\n (d) prejudice the rights of a party to apply to the presiding judge for further\n\n protective orders; or\n\n (e) prevent the parties from agreeing in writing to alter or waive the provisions or\n\n protections provided for in this Protective Order with respect to any particular\n AGREED PROTECTIVE ORDER Page 8 of 10\n\f Case 3:23-cv-02243-E Document 17 Filed 04/18/24 Page 9 of 12 PageID 101\n\n\n\n information or material.\n\n IX. Conclusion of Litigation\n\n 19. Within sixty (60) calendar days after final judgment in this action, including the\n\nexhaustion of all appeals, or within sixty (60) calendar days after dismissal pursuant to a settlement\n\nagreement, each party or other person subject to the terms of this Protective Order is under an\n\nobligation to destroy or return to the producing party all materials and documents containing\n\nConfidential Information or Confidential Attorney Eyes Only Information, and to certify to the\n\nproducing party that this destruction or return has been done. However, outside counsel for any\n\nparty is entitled to retain all court papers, trial transcripts, exhibits, and attorney work provided\n\nthat any such materials are maintained and protected in accordance with the terms of this Protective\n\nOrder. Other Proceedings.\n\n 20. By entering this Protective Order and limiting the disclosure of information in this case,\n\nthe presiding judge does not intend to preclude another court from finding that information may\n\nbe relevant and subject to disclosure in another case. Any person or party subject to this Protective\n\nOrder who may be subject to a motion to disclose another party\u2019s information designated\n\nConfidential pursuant to this Protective Order must promptly notify that party of the motion so\n\nthat the party may have an opportunity to appear and be heard on whether that information should\n\nbe disclosed.\n\n X. Remedies\n\n 21. It is Ordered that this Protective Order will be enforced by the sanctions set forth in\n\nFED. R. CIV. P. 37(b) and any other sanctions as may be available to the presiding judge, including\n\nthe power to hold parties or other violators of this Protective Order in contempt. All other remedies\n\navailable to any person injured by a violation of this Protective Order are fully reserved.\n\n\n\nAGREED PROTECTIVE ORDER Page 9 of 10\n\f Case 3:23-cv-02243-E Document 17 Filed 04/18/24 Page 10 of 12 PageID 102\n\n\n\n 22. Any party may petition the presiding judge for good cause shown if the party desires\n\nrelief from a term or condition of this Protective Order.\n\n\n\n SO ORDERED, this day of April 18, 2024.\n\n\n\n\nAGREED PROTECTIVE ORDER Page 10 of 10\n\f Case 3:23-cv-02243-E Document 17 Filed 04/18/24 Page 11 of 12 PageID 103\n EXHIBIT A\n\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE NORTHERN DISTRICT OF TEXAS\n DALLAS DIVISION\nALEXANDER PAEZ, \u00a7\n \u00a7\n Plaintiff, \u00a7\n \u00a7\nv. \u00a7 Civil Action No. 3:23-cv-2243-E\n \u00a7\nCHILDREN\u2019S HEALTH SYSTEM OF \u00a7\nTEXAS, \u00a7\n \u00a7\n Defendant. \u00a7\n\n CERTIFICATE OF ACKNOWLEDGEMENT OF AGREED PROTECTIVE ORDER\n\n STATE OF \u00a7\n\n COUNTY OF \u00a7\n\n Pursuant to 28 U.S.C. \u00a7 1746, I, , declare that I have been provided a copy of and have\n\n read the Agreed Protective Order (\u201cProtective Order\u201d) entered in the above-referenced civil action.\n\n I agree to abide by the Protective Order and therefore agree not to reveal or otherwise communicate\n\n or disclose to any person or entity, or use, any of the documents or information designated as\n\n Confidential or Highly Confidential in the above-styled action that are disclosed to me, except in\n\n accordance with the terms of the Protective Order. I acknowledge and understand that any violation\n\n of the Protective Order may be punishable by contempt of Court or result in civil liability, or both,\n\n and irrevocably submit to the jurisdiction of this Court for all matters relating to such Protective\n\n Order. I declare that the statements made and information provided in this Certificate of\n\n Acknowledgement of Agreed Protective Order are true and correct.\n\n I declare under penalty of perjury that the foregoing is true and correct.\n\n My name is , my date of birth is , and my address is\n\n . I declare under penalty of perjury\n\n\n\n\n CERTIFICATE OF ACKNOWLEDGEMENT OF AGREED PROTECTIVE ORDER Page 1 of 2\n\f Case 3:23-cv-02243-E Document 17 Filed 04/18/24 Page 12 of 12 PageID 104\n EXHIBIT A\n\nthat the foregoing is true and correct.\n\n Executed in County, State of , on the day of\n\n , 202 .\n\n\n\n\n Signature of Declarant\n\n\n\n\nCERTIFICATE OF ACKNOWLEDGEMENT OF AGREED PROTECTIVE ORDER 61373259.v1-OGLETREE\n Page 2 of 2\n\f","ocr_status":2,"date_upload":"2024-04-18T13:17:09.117960-07:00","document_number":"17","attachment_number":null,"pacer_doc_id":"177016778988","is_available":true,"is_free_on_pacer":null,"is_sealed":false,"document_type":1,"description":"Protective Order","acms_document_guid":""}],"date_created":"2024-04-18T13:17:08.437082-07:00","date_modified":"2024-04-18T13:21:22.051497-07:00","date_filed":"2024-04-18","time_filed":"15:15:43","entry_number":17,"recap_sequence_number":"2024-04-18.001","pacer_sequence_number":41,"description":"PROTECTIVE ORDER. (Ordered by Judge Ada Brown on 4/18/2024) (kaf)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/382124727/","id":382124727,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/389936231/","id":389936231,"tags":[],"absolute_url":"","date_created":"2024-03-26T08:00:11.652881-07:00","date_modified":"2024-03-26T08:00:11.659945-07:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order on Motion for Extension of Time","acms_document_guid":""}],"date_created":"2024-03-26T08:00:11.636360-07:00","date_modified":"2024-03-26T08:00:11.636373-07:00","date_filed":"2024-03-25","time_filed":"10:08:16","entry_number":null,"recap_sequence_number":"2024-03-25.001","pacer_sequence_number":null,"description":"","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/382041417/","id":382041417,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/389851801/","id":389851801,"tags":[],"absolute_url":"/docket/67869497/16/paez-v-childrens-health-system-of-texas/","date_created":"2024-03-25T15:08:57.344224-07:00","date_modified":"2024-03-27T02:26:30.361589-07:00","sha1":"5d06e17dab466f52ea727a4b7017080c456b7426","page_count":2,"file_size":239071,"filepath_local":"recap/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.16.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.16.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 3:23-cv-02243-E Document 16 Filed 03/25/24 Page 1 of 2 PageID 78\n\n\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE NORTHERN DISTRICT OF TEXAS\n DALLAS DIVISION\nALEXANDER PAEZ, \u00a7\n \u00a7\n Plaintiff, \u00a7\n \u00a7\nv. \u00a7 Civil Action No. 3:23-cv-2243-E\n \u00a7\nCHILDREN\u2019S HEALTH SYSTEM OF \u00a7\nTEXAS, \u00a7\n \u00a7\n Defendant. \u00a7\n\n AGREED MOTION FOR ENTRY OF PROTECTIVE ORDER\n\n Plaintiff Alexander Paez (\u201cPlaintiff\u201d) and Defendant Children\u2019s Health System of Texas\n\n(\u201cDefendant\u201d) (collectively, the \u201cParties\u201d) move the Court for the entry of a protective order and\n\nrespectfully show as follows:\n\n 1. Discovery in the above-captioned matter is underway. As a part of the discovery\n\nprocess, the parties anticipate the need to disclose information considered by one or more of the\n\nparties to be confidential and/or proprietary in nature.\n\n 2. The parties have agreed to terms under which such materials may be marked as\n\nconfidential, the process by which such materials will be protected from further disclosure, and\n\nrelated procedural matters.\n\n 3. Attached hereto as Exhibit 1 is a copy of the Protective Order sought to be entered\n\nby the parties to this matter, which is the approved order available at\n\nhttps://www.txnd.uscourts.gov/judge/judge-ada-brown (last accessed March 22, 2024).\n\n WHEREFORE, for the foregoing reasons, the parties request that the Court grant this\n\nAgreed Motion for Entry of Protective Order and enter the Protective Order proposed herein.\n\n\n\n\nAGREED MOTION FOR ENTRY OF PROTECTIVE ORDER PAGE 1\n\f Case 3:23-cv-02243-E Document 16 Filed 03/25/24 Page 2 of 2 PageID 79\n\n\n\n\nRespectfully submitted,\n\nGASPER LAW PLLC OGLETREE, DEAKINS, NASH, SMOAK\n & STEWART, P.C.\n/s/ Travis Gasper\nTravis Gasper By: /s/ Molly Ann Lawrence\nTexas Bar No. 24096881 Jamie Ashton\n1408 N. Riverfront Blvd., Suite 323 Texas State Bar No. 24087211\nDallas, Texas 75207 jamie.ashton@ogletree.com\nPhone: (469) 663-7736 Molly Ann Lawrence\nFax: (833) 957-2957 Texas State Bar No. 24083365\nEmail: travis@travisgasper.com mollyann.lawrence@ogletree.com\n 8117 Preston Road, Suite 500\nATTORNEY FOR PLAINTIFF Dallas, Texas 75225\n Telephone: (214) 987-3800\n Facsimile: (214) 987-3927\n\n ATTORNEYS FOR DEFENDANT\n\n\n\n\n CERTIFICATE OF SERVICE\n\n I hereby certify that on March 25, 2024, I electronically filed the foregoing with the Clerk\nof Court using the CM/ECF system, which will transmit a Notice of Electronic Filing to all parties\nof record.\n\n /s/ Molly Ann Lawrence\n Molly Ann Lawrence\n\n\n\n\nAGREED MOTION FOR ENTRY OF PROTECTIVE ORDER PAGE 2\n 61373105.v1-OGLETREE\n\f","ocr_status":2,"date_upload":"2024-03-25T15:08:57.657207-07:00","document_number":"16","attachment_number":null,"pacer_doc_id":"177016720478","is_available":true,"is_free_on_pacer":null,"is_sealed":false,"document_type":1,"description":"Motion for Protective Order","acms_document_guid":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/389851802/","id":389851802,"tags":[],"absolute_url":"/docket/67869497/16/1/paez-v-childrens-health-system-of-texas/","date_created":"2024-03-25T15:08:58.570529-07:00","date_modified":"2024-03-27T02:26:31.234574-07:00","sha1":"8df47d76709abfd464013daed9ee91c6b65dc06f","page_count":13,"file_size":433470,"filepath_local":"recap/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.16.1.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.16.1.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"Case 3:23-cv-02243-E Document 16-1 Filed 03/25/24 Page 1 of 13 PageID 80\n\n\n\n\n EXHIBIT 1\n\f Case 3:23-cv-02243-E Document 16-1 Filed 03/25/24 Page 2 of 13 PageID 81\n\n\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE NORTHERN DISTRICT OF TEXAS\n DALLAS DIVISION\nALEXANDER PAEZ, \u00a7\n \u00a7\n Plaintiff, \u00a7\n \u00a7\nv. \u00a7 Civil Action No. 3:23-cv-2243-E\n \u00a7\nCHILDREN\u2019S HEALTH SYSTEM OF \u00a7\nTEXAS, \u00a7\n \u00a7\n Defendant. \u00a7\n\n\n AGREED PROTECTIVE ORDER\n\n\n Contents\n I. Proceedings and Information Governed ............................................................................................ 2\n II. Designation and Maintenance of Information .................................................................................... 2\n III. Inadvertent Failure to Designate ........................................................................................................ 4\n IV. Challenge to Designations ................................................................................................................. 4\n V. Disclosure and Use of Confidential Information ............................................................................... 5\n VI. Non-Party Information ...................................................................................................................... 7\n VII. Filing Documents with the Court ...................................................................................................... 8\n VIII. No Prejudice ...................................................................................................................................... 8\n IX. Conclusion of Litigation .................................................................................................................... 9\n X. Remedies ........................................................................................................................................... 9\n\n\n\n (This Space Is Left Blank Intentionally.)\n\n\n\n\n AGREED PROTECTIVE ORDER Page 1 of 10\n\f Case 3:23-cv-02243-E Document 16-1 Filed 03/25/24 Page 3 of 13 PageID 82\n\n\n\n I. Proceedings and Information Governed\n\n 1. This Order (\u201cProtective Order\u201d) is made under FED. R. CIV. P. 26(c). It governs any\n\ndocument, information, or other thing furnished by any party to any other party, and it includes\n\nany non-party who receives a subpoena in connection with this action. The information protected\n\nincludes, but is not limited to: answers to interrogatories; answers to requests for admission;\n\nresponses to requests for production of documents; deposition transcripts and videotapes;\n\ndeposition exhibits; and other writings or things produced, given or filed in this action that are\n\ndesignated by a party as \u201cConfidential Information\u201d or \u201cConfidential Attorney Eyes Only\n\nInformation\u201d in accordance with the terms of this Protective Order, as well as to any copies,\n\nexcerpts, abstracts, analyses, summaries, descriptions, or other forms of recorded information\n\ncontaining, reflecting, or disclosing such information.\n\n II. Designation and Maintenance of Information\n\n 2. For purposes of this Protective Order:\n\n (a) the \u201cConfidential Information\u201d designation means that the document is\n\n comprised of trade secrets or commercial information that is not publicly known\n\n and is of technical or commercial advantage to its possessor, in accordance with\n\n FED. R. CIV. P. 26(c)(1)(G), or other information required by law or agreement\n\n to be kept confidential; and\n\n (b) the \u201cConfidential Attorney Eyes Only\u201d designation means that the document is\n\n comprised of information that the producing party deems especially sensitive,\n\n which may include, but is not limited to, confidential research and development,\n\n financial, technical, marketing, any other sensitive trade secret information, or\n\n information capable of being utilized for the preparation or prosecution of a\n\n patent application dealing with such subject matter.\n\nAGREED PROTECTIVE ORDER Page 2 of 10\n\f Case 3:23-cv-02243-E Document 16-1 Filed 03/25/24 Page 4 of 13 PageID 83\n\n\nConfidential Information and Confidential Attorney Eyes Only Information does not include, and this\n\nProtective Order does not apply to, information that is already in the knowledge or possession of the party\n\nto whom disclosure is made unless that party is already bound by agreement not to disclose such\n\ninformation, or information that has been disclosed to the public or third persons in a manner making such\n\ninformation no longer confidential.\n\n 3. Documents and things produced during the course of this litigation within the scope of\n\nparagraph 2(a) above, may be designated by the producing party as containing Confidential\n\nInformation by placing on each page and each thing a legend substantially as follows:\n\n CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER\n\n 4. Documents and things produced during the course of this litigation within the scope of\n\nparagraph 2(b) above may be designated by the producing party as containing Confidential\n\nAttorney Eyes Only Information by placing on each page and each thing a legend substantially as\n\nfollows:\n\n CONFIDENTIAL ATTORNEY EYES ONLY INFORMATION SUBJECT TO\n PROTECTIVE ORDER\n\n 5. A party may designate information disclosed at a deposition as Confidential\n\nInformation or Confidential Attorney Eyes Only Information by requesting the reporter to so\n\ndesignate the transcript or any portion of the transcript at the time of the deposition. If no such\n\ndesignation is made at the time of the deposition, any party will have fourteen (14) calendar days\n\nafter the date of the deposition to designate, in writing to the other parties and to the court reporter,\n\nwhether the transcript is to be designated as Confidential Information or Confidential Attorneys\n\nEyes Only\n\n 6. Information. If no such designation is made at the deposition or within this fourteen\n\n(14) calendar day period (during which period, the transcript must be treated as Confidential\n\n\n\nAGREED PROTECTIVE ORDER Page 3 of 10\n\f Case 3:23-cv-02243-E Document 16-1 Filed 03/25/24 Page 5 of 13 PageID 84\n\n\n\nAttorneys Eyes Only Information, unless the disclosing party consents to less confidential\n\ntreatment of the information), the entire deposition will be considered devoid of Confidential\n\nInformation or Confidential Attorneys Eyes Only Information. Each party and the court reporter\n\nmust attach a copy of any final and timely written designation notice to the transcript and each\n\ncopy of the transcript in its possession, custody or control, and the portions designated in such\n\nnotice must thereafter be treated in accordance with this Protective Order. It is the responsibility of\n\ncounsel for each party to maintain materials containing Confidential Information or Confidential\n\nAttorney Eyes Only Information in a secure manner and appropriately identified so as to allow\n\naccess to such information only to such persons and under such terms as is permitted under this\n\nProtective Order.\n\n III. Inadvertent Failure to Designate\n\n 7. The inadvertent failure to designate or withhold any information as confidential or\n\nprivileged will not be deemed to waive a later claim as to its confidential or privileged nature, or\n\nto stop the producing party from designating such information as confidential at a later date in\n\nwriting and with particularity. The information must be treated by the receiving party as\n\nconfidential from the time the receiving party is notified in writing of the change in the designation.\n\n IV. Challenge to Designations\n\n 8. A receiving party may challenge a producing party\u2019s designation at any time. Any\n\nreceiving party disagreeing with a designation may request in writing that the producing party\n\nchange the designation. The producing party will then have ten (10) business days after receipt of\n\na challenge notice to advise the receiving party whether or not it will change the designation. If\n\nthe parties are unable to reach agreement after the expiration of this ten (10) businesses day\n\ntimeframe, and after the conference required under LR 7.1(a), the receiving party may at any time\n\nthereafter seek an order to alter the confidential status of the designated information. Until any\n\nAGREED PROTECTIVE ORDER Page 4 of 10\n\f Case 3:23-cv-02243-E Document 16-1 Filed 03/25/24 Page 6 of 13 PageID 85\n\n\n\ndispute under this paragraph is ruled upon by the presiding judge, the designation will remain in\n\nfull force and effect, and the information will continue to be accorded the confidential treatment\n\nrequired by this Protective Order.\n\n V. Disclosure and Use of Confidential Information\n\n 9. Information designated as Confidential Information or Confidential Attorney Eyes\n\nOnly Information may only be used for purposes of preparation, trial, and appeal of this action.\n\nConfidential Information or Confidential Attorney Eyes Only Information may not be used under\n\nany circumstances for prosecuting any patent application, for patent licensing, or for any other\n\npurpose.\n\n 10. Subject to paragraph 12 below, Confidential Information may be disclosed by the\n\nreceiving party only to the following individuals, provided that such individuals are informed of\n\nthe terms of this Protective Order:\n\n (a) two (2) employees of the receiving party who are required in good faith to\n\n provide assistance in the conduct of this litigation, including any settlement\n\n discussions, and who are identified as such in writing to counsel for the\n\n designating party in advance of the disclosure;\n\n (b) two (2) in-house counsel who are identified by the receiving party;\n\n (c) outside counsel for the receiving party;\n\n (d) supporting personnel employed by (b) and (c), such as paralegals, legal\n\n secretaries, data entry clerks, legal clerks, and private photocopying services;\n\n (e) experts or consultants; and\n\n (f) any persons requested by counsel to furnish services such as document coding,\n\n image scanning, mock trial, jury profiling, translation services, court reporting\n\n services, demonstrative exhibit preparation, or the creation of any computer\n\nAGREED PROTECTIVE ORDER Page 5 of 10\n\f Case 3:23-cv-02243-E Document 16-1 Filed 03/25/24 Page 7 of 13 PageID 86\n\n\n\n database from documents.\n\n 11. Subject to paragraph 12 below, Confidential Attorney Eyes Only Information may\n\nbe disclosed by the receiving party only to the following individuals, provided that such individuals\n\nare informed of the terms of this Protective Order:\n\n (a) outside counsel for the receiving party;\n\n (b) supporting personnel employed by outside counsel, such as paralegals, legal\n\n secretaries, data entry clerks, legal clerks, private photocopying services;\n\n (c) experts or consultants; and\n\n (d) those individuals designated in paragraph 11(c).\n\n 12. Further, prior to disclosing Confidential Information or Confidential Attorney Eyes\n\nOnly Information to a receiving party\u2019s proposed expert, consultant, or employees, the receiving\n\nparty must provide to the producing party a signed Certificate of Acknowledgement of Agreed\n\nProtective Order in the form attached as Exhibit A, the resume or curriculum vitae of the proposed\n\nexpert or consultant, the expert or consultant\u2019s business affiliation, and any current and past\n\nconsulting relationships in the industry. The producing party will thereafter have ten (10) business\n\ndays from receipt of the Certificate of Acknowledgement of Agreed Protective Order to object to\n\nany proposed individual. The objection must be made for good cause and in writing, stating with\n\nparticularity the reasons for the objection. Failure to object within ten(10) business days constitutes\n\napproval. If the parties are unable to resolve any objection, the receiving party may apply to the\n\npresiding judge to resolve the matter. There will be no disclosure to any proposed individual during\n\nthe ten (10) business day objection period, unless that period is waived by the producing party, or\n\nif any objection is made, until the parties have resolved the objection, or the presiding judge has\n\nruled upon any resultant motion.\n\n\n\nAGREED PROTECTIVE ORDER Page 6 of 10\n\f Case 3:23-cv-02243-E Document 16-1 Filed 03/25/24 Page 8 of 13 PageID 87\n\n\n\n 13. Counsel is responsible for the adherence by third-party vendors to the terms and\n\nconditions of this Protective Order. Counsel may fulfill this obligation by obtaining a signed\n\nCertificate of Acknowledgement of Agreed Protective Order in the form attached as Exhibit A.\n\n 14. Confidential Information or Confidential Attorney Eyes Only Information may be\n\ndisclosed to a person who is not already allowed access to such information under this Protective\n\nOrder if:\n\n (a) the information was previously received or authored by the person or was\n\n authored or received by a director, officer, employee or agent of the company for\n\n which the person is testifying as a designee under FED. R. CIV. P. 30(b)(6);\n\n (b) the designating party is the person or is a party for whom the person is a director,\n\n officer, employee, consultant or agent; or\n\n (c) counsel for the party designating the material agrees that the material may be\n\n disclosed to the person.\n\n In the event of disclosure under this paragraph, only the reporter, the person, his or her counsel,\n\n the presiding judge, and persons to whom disclosure may be made and who are bound by this\n\n Protective Order, may be present during the disclosure or discussion of Confidential\n\n Information. Disclosure of material pursuant to this paragraph does not constitute a waiver of\n\n the confidential status of the material so disclosed.\n\n VI. Non-Party Information\n\n 15. The existence of this Protective Order must be disclosed to any person producing\n\ndocuments, tangible things, or testimony in this action who may reasonably be expected to desire\n\nconfidential treatment for such documents, tangible things or testimony. Any such person may\n\ndesignate documents, tangible things, or testimony confidential pursuant to this Protective Order.\n\n\n\nAGREED PROTECTIVE ORDER Page 7 of 10\n\f Case 3:23-cv-02243-E Document 16-1 Filed 03/25/24 Page 9 of 13 PageID 88\n\n\n\n VII. Filing Documents with the Court\n\n 16. If any party wishes to submit Confidential Information to the court, the submission\n\n must be filed only in a sealed envelope bearing the caption of this action and a notice in the\n\n following form:\n\n CONFIDENTIAL INFORMATION\nAlexander Paez v. Children\u2019s Health System of Texas, Civil Action No. 3:23-cv-2243-E\npending in the United States District Court for the Northern District of Texas, Dallas\nDivision\n This envelope, which is being filed under seal, contains documents that are\n subject to a Protective Order governing the use of confidential discovery material.\n\n 17. If the parties desire for the documents to be filed under seal, they must comply with\n\n the Court\u2019s Standing Order on Filing Materials Under Seal, which the Court shall issue by separate\n\n order today.\n\n VIII. No Prejudice\n\n 18. Producing or receiving confidential information, or otherwise complying with the terms\n\n of this Protective Order, will not\n\n (a) operate as an admission by any party that any particular Confidential\n\n Information contains or reflects trade secrets or any other type of confidential\n\n or proprietary information;\n\n (b) prejudice the rights of a party to object to the production of information or\n\n material that the party does not consider to be within the scope of discovery;\n\n (c) prejudice the rights of a party to seek a determination by the presiding judge\n\n that particular materials be produced;\n\n (d) prejudice the rights of a party to apply to the presiding judge for further\n\n protective orders; or\n\n (e) prevent the parties from agreeing in writing to alter or waive the provisions or\n\n protections provided for in this Protective Order with respect to any particular\n AGREED PROTECTIVE ORDER Page 8 of 10\n\f Case 3:23-cv-02243-E Document 16-1 Filed 03/25/24 Page 10 of 13 PageID 89\n\n\n\n information or material.\n\n IX. Conclusion of Litigation\n\n 19. Within sixty (60) calendar days after final judgment in this action, including the\n\nexhaustion of all appeals, or within sixty (60) calendar days after dismissal pursuant to a settlement\n\nagreement, each party or other person subject to the terms of this Protective Order is under an\n\nobligation to destroy or return to the producing party all materials and documents containing\n\nConfidential Information or Confidential Attorney Eyes Only Information, and to certify to the\n\nproducing party that this destruction or return has been done. However, outside counsel for any\n\nparty is entitled to retain all court papers, trial transcripts, exhibits, and attorney work provided\n\nthat any such materials are maintained and protected in accordance with the terms of this Protective\n\nOrder. Other Proceedings.\n\n 20. By entering this Protective Order and limiting the disclosure of information in this case,\n\nthe presiding judge does not intend to preclude another court from finding that information may\n\nbe relevant and subject to disclosure in another case. Any person or party subject to this Protective\n\nOrder who may be subject to a motion to disclose another party\u2019s information designated\n\nConfidential pursuant to this Protective Order must promptly notify that party of the motion so\n\nthat the party may have an opportunity to appear and be heard on whether that information should\n\nbe disclosed.\n\n X. Remedies\n\n 21. It is Ordered that this Protective Order will be enforced by the sanctions set forth in\n\nFED. R. CIV. P. 37(b) and any other sanctions as may be available to the presiding judge, including\n\nthe power to hold parties or other violators of this Protective Order in contempt. All other remedies\n\navailable to any person injured by a violation of this Protective Order are fully reserved.\n\n\n\nAGREED PROTECTIVE ORDER Page 9 of 10\n\f Case 3:23-cv-02243-E Document 16-1 Filed 03/25/24 Page 11 of 13 PageID 90\n\n\n\n 22. Any party may petition the presiding judge for good cause shown if the party desires\n\nrelief from a term or condition of this Protective Order.\n\n\n\n SO ORDERED: ,\n\n\n\n\n Hon. Judge Ada E. Brown,\n United States Federal District Judge\n\n\n\n\nAGREED PROTECTIVE ORDER Page 10 of 10\n\f Case 3:23-cv-02243-E Document 16-1 Filed 03/25/24 Page 12 of 13 PageID 91\n EXHIBIT A\n\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE NORTHERN DISTRICT OF TEXAS\n DALLAS DIVISION\nALEXANDER PAEZ, \u00a7\n \u00a7\n Plaintiff, \u00a7\n \u00a7\nv. \u00a7 Civil Action No. 3:23-cv-2243-E\n \u00a7\nCHILDREN\u2019S HEALTH SYSTEM OF \u00a7\nTEXAS, \u00a7\n \u00a7\n Defendant. \u00a7\n\n CERTIFICATE OF ACKNOWLEDGEMENT OF AGREED PROTECTIVE ORDER\n\n STATE OF \u00a7\n\n COUNTY OF \u00a7\n\n Pursuant to 28 U.S.C. \u00a7 1746, I, , declare that I have been provided a copy of and have\n\n read the Agreed Protective Order (\u201cProtective Order\u201d) entered in the above-referenced civil action.\n\n I agree to abide by the Protective Order and therefore agree not to reveal or otherwise communicate\n\n or disclose to any person or entity, or use, any of the documents or information designated as\n\n Confidential or Highly Confidential in the above-styled action that are disclosed to me, except in\n\n accordance with the terms of the Protective Order. I acknowledge and understand that any violation\n\n of the Protective Order may be punishable by contempt of Court or result in civil liability, or both,\n\n and irrevocably submit to the jurisdiction of this Court for all matters relating to such Protective\n\n Order. I declare that the statements made and information provided in this Certificate of\n\n Acknowledgement of Agreed Protective Order are true and correct.\n\n I declare under penalty of perjury that the foregoing is true and correct.\n\n My name is , my date of birth is , and my address is\n\n . I declare under penalty of perjury\n\n\n\n\n CERTIFICATE OF ACKNOWLEDGEMENT OF AGREED PROTECTIVE ORDER Page 1 of 2\n\f Case 3:23-cv-02243-E Document 16-1 Filed 03/25/24 Page 13 of 13 PageID 92\n EXHIBIT A\n\nthat the foregoing is true and correct.\n\n Executed in County, State of , on the day of\n\n , 202 .\n\n\n\n\n Signature of Declarant\n\n\n\n\nCERTIFICATE OF ACKNOWLEDGEMENT OF AGREED PROTECTIVE ORDER 61373259.v1-OGLETREE\n Page 2 of 2\n\f","ocr_status":2,"date_upload":"2024-03-25T15:09:00.862533-07:00","document_number":"16","attachment_number":1,"pacer_doc_id":"177016720479","is_available":true,"is_free_on_pacer":null,"is_sealed":false,"document_type":2,"description":"Exhibit(s) 1 - Protective Order","acms_document_guid":""}],"date_created":"2024-03-25T15:08:57.327572-07:00","date_modified":"2024-03-25T15:08:57.330410-07:00","date_filed":"2024-03-25","time_filed":null,"entry_number":16,"recap_sequence_number":"2024-03-25.001","pacer_sequence_number":39,"description":"Agreed MOTION for Protective Order filed by Childrens Health System of Texas (Attachments: (1) Exhibit(s) 1 - Protective Order) (Lawrence, Molly)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/382030792/","id":382030792,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/389840003/","id":389840003,"tags":[],"absolute_url":"/docket/67869497/15/paez-v-childrens-health-system-of-texas/","date_created":"2024-03-25T08:08:41.365192-07:00","date_modified":"2024-03-25T08:08:41.369289-07:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"15","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order on Motion for Extension of Time","acms_document_guid":""}],"date_created":"2024-03-25T08:08:41.345443-07:00","date_modified":"2024-03-25T08:08:41.349274-07:00","date_filed":"2024-03-25","time_filed":null,"entry_number":15,"recap_sequence_number":"2024-03-25.001","pacer_sequence_number":null,"description":"ELECTRONIC ORDER granting [14] Motion to Extend Time. The Court has considered the Joint Motion to Extend Mediation Deadline filed by the Parties. For the reasons stated therein, the Court finds that the Joint Motion is well-taken and should be and hereby is GRANTED. Accordingly, it is ORDERED that the mediation deadline be extended to July 2, 2024. This Order does not affect or alter any other deadlines set forth in Dkt. 10. (Ordered by Judge Ada Brown on 3/25/2024) (chmb)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/381940351/","id":381940351,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/389747490/","id":389747490,"tags":[],"absolute_url":"/docket/67869497/14/paez-v-childrens-health-system-of-texas/","date_created":"2024-03-22T11:35:32.383687-07:00","date_modified":"2024-03-23T02:12:18.838800-07:00","sha1":"d52b141bf50835d0b6e83a531c2570e1ddb7a63c","page_count":3,"file_size":230686,"filepath_local":"recap/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.14.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.14.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 3:23-cv-02243-E Document 14 Filed 03/22/24 Page 1 of 3 PageID 75\n\n\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE NORTHERN DISTRICT OF TEXAS\n DALLAS DIVISION\nALEXANDER PAEZ, \u00a7\n \u00a7\n Plaintiff, \u00a7\n \u00a7\nv. \u00a7 Civil Action No. 3:23-cv-2243-E\n \u00a7\nCHILDREN\u2019S HEALTH SYSTEM OF \u00a7\nTEXAS, \u00a7\n \u00a7\n Defendant. \u00a7\n\n JOINT MOTION TO EXTEND MEDIATION DEADLINE\n\n Pursuant to the December 27, 2023 Scheduling Order [Dkt. 10], Plaintiff Alexander Paez\n\n(\u201cPlaintiff\u201d) and Defendant Children\u2019s Health System of Texas (\u201cDefendant\u201d) (collectively, the\n\n\u201cParties\u201d) jointly move the Court to extend the deadline for the Parties to mediate by sixty (60)\n\ndays and state as follows:\n\n I. BACKGROUND\n\n This is an employment discrimination case filed pursuant to the FMLA and ADA, arising\n\nfrom Plaintiff\u2019s employment with Defendant. Defendant filed its Answer to Plaintiff\u2019s Original\n\nComplaint on December 11, 2023 [Dkt. 6]. Courtenay L. Bass of Gilbert Mediation Group is the\n\nagreed mediator in this case [Dkt. 9; Dkt. 13]. On December 27, 2023, the Court issued a\n\nScheduling Order establishing various case deadlines, including mediation, completion of\n\ndiscovery, and the due date to file dispositive motions [Dkt. 13]. The deadline made the basis of\n\nthis motion is currently as follows:\n\n - Mediation: May 3, 2024.\n\n\n\n\nJOINT MOTION TO EXTEND MEDIATION DEADLINE PAGE 1\n\f Case 3:23-cv-02243-E Document 14 Filed 03/22/24 Page 2 of 3 PageID 76\n\n\n\nThis motion does not seek a continuance of the deadline for completion of discovery (October 15,\n\n2024), the deadline to file dispositive motions (November 15, 2024), or of the trial date (three-\n\nweek docket beginning April 1, 2025).\n\n II. GROUNDS FOR CONTINUANCE\n\n The Parties are actively engaged in attempts to resolve various discovery issues and\n\nPlaintiff\u2019s deposition has yet to occur. Defendant\u2019s counsel has requested that Plaintiff supplement\n\ninformation and materials necessary to properly evaluate Plaintiff\u2019s damages and prepare for his\n\ndeposition. Accordingly, the Parties agreed to reschedule Plaintiff\u2019s deposition, which was set to\n\noccur on March 21, 2024, to a later date. Additionally, Plaintiff intends to take the deposition of\n\none or more corporate representatives of Defendant. The Parties anticipate that mediation would\n\nbe more productive after the Parties\u2019 depositions are completed. Accordingly, an extension is\n\nnecessary to allow more time for the Parties to meaningfully evaluate this case prior to attempting\n\nresolution through mediation. The requested extension does not affect any other deadlines in this\n\ncase, including the deadlines for discovery, dispositive motions, or of the trial date.\n\n III. RELIEF REQUESTED\n\n In light of the foregoing factors, the Parties respectfully and jointly request an extension of\n\nthe mediation deadline under the Scheduling Order as indicated below and as stated in the\n\naccompanying proposed order. This is the first request for an extension of a Scheduling Order\n\ndeadline in this case. The request is not made for purposes of delay, but so that justice may occur.\n\n Date Event\n\n July 2, 2024 Mediation (Scheduling Order \u00b66)\n\n\n\n\nJOINT MOTION TO EXTEND MEDIATION DEADLINE PAGE 2\n\f Case 3:23-cv-02243-E Document 14 Filed 03/22/24 Page 3 of 3 PageID 77\n\n\n\n WHEREFORE, Plaintiff Alexander Paez and Defendant Children\u2019s Health System of\n\nTexas respectfully pray that this Court grant this Joint Motion to Extend Mediation Deadline and\n\ncontinue the current mediation deadline to July 2, 2024.\n\n\n\nRespectfully submitted,\n\nGASPER LAW PLLC OGLETREE, DEAKINS, NASH, SMOAK\n & STEWART, P.C.\n/s/ Travis Gasper\nTravis Gasper By: /s/ Jamie Ashton\nTexas Bar No. 24096881 Jamie Ashton\n1408 N. Riverfront Blvd., Suite 323 Texas State Bar No. 24087211\nDallas, Texas 75207 jamie.ashton@ogletree.com\nPhone: (469) 663-7736 Molly Ann Lawrence\nFax: (833) 957-2957 Texas State Bar No. 24083365\nEmail: travis@travisgasper.com mollyann.lawrence@ogletree.com\n 8117 Preston Road, Suite 500\nATTORNEY FOR PLAINTIFF Dallas, Texas 75225\n Telephone: (214) 987-3800\n Facsimile: (214) 987-3927\n\n ATTORNEYS FOR DEFENDANT\n\n\n\n\n CERTIFICATE OF SERVICE\n\n I hereby certify that on March 22, 2024, I electronically filed the foregoing with the Clerk\nof Court using the CM/ECF system, which will transmit a Notice of Electronic Filing to all parties\nof record.\n\n /s/Molly Ann Lawrence\n Molly Ann Lawrence\n\n\n\n\nJOINT MOTION TO EXTEND MEDIATION DEADLINE PAGE 3\n 61373904.v1-OGLETREE\n\f","ocr_status":2,"date_upload":"2024-03-22T11:35:32.706967-07:00","document_number":"14","attachment_number":null,"pacer_doc_id":"177016715067","is_available":true,"is_free_on_pacer":null,"is_sealed":false,"document_type":1,"description":"Motion To Extend Time","acms_document_guid":""}],"date_created":"2024-03-22T11:35:32.362345-07:00","date_modified":"2024-03-22T11:35:32.367436-07:00","date_filed":"2024-03-22","time_filed":null,"entry_number":14,"recap_sequence_number":"2024-03-22.001","pacer_sequence_number":35,"description":"Joint MOTION to Extend Time MEDIATION DEADLINE filed by Childrens Health System of Texas (Lawrence, Molly)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/376536058/","id":376536058,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/384166901/","id":384166901,"tags":[],"absolute_url":"/docket/67869497/13/paez-v-childrens-health-system-of-texas/","date_created":"2024-01-24T14:30:52.263601-08:00","date_modified":"2024-01-26T03:44:34.309646-08:00","sha1":"1cc61972e236fb79791629a7e415b73f540f77ea","page_count":2,"file_size":178075,"filepath_local":"recap/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.13.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.13.0.pdf","ia_upload_failure_count":null,"thumbnail":"recap-thumbnails/gov.uscourts.txnd.382062/384166901.thumb.1068.png","thumbnail_status":1,"plain_text":" Case 3:23-cv-02243-E Document 13 Filed 01/24/24 Page 1 of 2 PageID 73\n\n UNITED STATES DISTRICT COURT\n NORTHERN DISTRICT OF TEXAS\n DALLAS DIVISION\n\nALEXANDER PAEZ, \u00a7\n \u00a7\n Plaintiff. \u00a7\n \u00a7\nv. \u00a7 CIVIL ACTION NO. 3:23-CV-02243-E\n \u00a7\nCHILDRENS HEALTH SYSTEM \u00a7\nOF TEXAS, \u00a7\n \u00a7\n Defendant. \u00a7\n\n\n MEDIATION ORDER\n The Court hereby ORDERS this case to mediation before:\n\n Courtenay L. Bass\n Gilbert Mediation Group\n CBS Television Tower\n 12001 N. Central Expressway, Suite 650\n Dallas, TX 75243\n (214) 303-4500\n (214) 303-4501 fax\n courtenay@gmgtexas.com.\n\n Mediation shall be completed by May 3, 2024.\n\n The Court directs counsel for all parties to contact the Mediator as soon as possible. Fees for\n\nthe mediation are to be divided and borne equally by the parties, shall be paid by the parties\n\ndirectly to the Mediator, and shall be taxed as costs.\n\n The Mediator is expected to follow the 2005 Model Standards of Conduct for Mediators,\n\nwhich have been adopted by the American Bar Association, the American Arbitration Association,\n\nand the Association for Conflict Resolution. The Standards may be accessed at\n\nhttps://www.americanbar.org/groups/dispute_resolution/policy_standards/. If there are any parts\n\n\n\n\nMediation Order Page 1 of 2\n\f Case 3:23-cv-02243-E Document 13 Filed 01/24/24 Page 2 of 2 PageID 74\n\nof the Model Standards that the Mediator believes the Mediator cannot satisfy, the Mediator shall\n\npromptly notify the Court.\n\n The named parties shall be present during the entire mediation process, and each party\u2014\n\nwhich is not a natural person\u2014must be represented by an executive officer (other than in-house\n\ncounsel) with authority to negotiate a settlement (the authority required shall be active, i.e., not\n\nmerely the authority to observe the mediation proceedings but the authority to negotiate, demand\n\nor offer, and bind the party represented). Counsel and the parties shall proceed in a good faith\n\neffort to try to resolve this case. Referral to alternative dispute resolution is not a substitute for\n\ntrial, however, and the case will be tried if not settled. The Mediator shall submit a report to the\n\ncourt within three days of the mediation.\n\n No subpoenas, summonses, citations, or other process shall be served at or near the location\n\nof any mediation session, upon any person entering, leaving, or attending any mediation session.\n\nCounsel and parties shall proceed in a good faith effort to resolve this case and shall agree upon a\n\ndate for mediation to be completed by May 3, 2024. Failure to comply in good faith with the\n\nrequirements of this order may result in the imposition of sanctions. See Fed. R. Civ. P. 16(f).\n\n In accordance with \u00a7 III(G) of this court\u2019s Civil Justice Expense and Delay Reduction Plan,\n\nthe clerk of the court shall transmit to counsel a copy of its \u201cAlternative Dispute Resolution\n\nSummary\u201d form. Counsel shall be jointly responsible for ensuring that the Mediator receives the\n\nform in a timely fashion. The Mediator is ordered to return the form to the clerk of the court (not to\n\nthe undersigned\u2019s chambers) in accordance with the clerk\u2019s instructions. The Mediator\u2019s obligation\n\nto return the clerk\u2019s form is separate from the obligation to submit a report to the court.\n\n SO ORDERED; signed January 24, 2024.\n\n\n ________________________________\n ADA BROWN\n UNITED STATES DISTRICT JUDGE\n\nMediation Order Page 2 of 2\n\f","ocr_status":2,"date_upload":"2024-01-24T14:30:52.647675-08:00","document_number":"13","attachment_number":null,"pacer_doc_id":"177016570996","is_available":true,"is_free_on_pacer":null,"is_sealed":false,"document_type":1,"description":"Order For ADR","acms_document_guid":""}],"date_created":"2024-01-24T14:30:52.249132-08:00","date_modified":"2024-01-24T15:23:21.768271-08:00","date_filed":"2024-01-24","time_filed":"16:29:21","entry_number":13,"recap_sequence_number":"2024-01-24.001","pacer_sequence_number":31,"description":"MEDIATION ORDER. The court appoints Courtenay L Bass as mediator. Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 5/3/2024. (Ordered by Judge Ada Brown on 1/24/2024) (sxf)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/376357987/","id":376357987,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/383985036/","id":383985036,"tags":[],"absolute_url":"/docket/67869497/12/paez-v-childrens-health-system-of-texas/","date_created":"2024-01-23T08:47:56.391973-08:00","date_modified":"2024-01-26T02:11:58.693397-08:00","sha1":"6943f3fc3251c1e0d30014665720af98035c5d4c","page_count":2,"file_size":290304,"filepath_local":"recap/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.12.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.12.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 3:23-cv-02243-E Document 12 Filed 01/23/24 Page 1 of 2 PageID 71\n\n\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE NORTHERN DISTRICT OF TEXAS\n DALLAS DIVISION\n\nALEXANDER PAEZ, \u00a7\n \u00a7\n Plaintiff, \u00a7\n \u00a7\nv. \u00a7 Civil Action No. 3:23-cv-2243-E\n \u00a7\nCHILDREN\u2019S HEALTH SYSTEM OF \u00a7 JURY TRIAL DEMANDED\nTEXAS, \u00a7\n \u00a7\n Defendant. \u00a7\n\n JOINT REPORT REGARDING AGREED MEDIATOR\n\n Pursuant to the Court\u2019s Scheduling Order (Dkt. 10), Plaintiff Alexander Paez and\n\nDefendant Children\u2019s Health System of Texas jointly inform the Court that they have agreed on\n\nCourtenay L. Bass of Gilbert Mediation Group, 12001 N. Central Expy., Ste. 650, Dallas, Texas\n\n75243, as mediator in this case.\n\n\n\n\n Respectfully submitted,\n\n GASPER LAW PLLC OGLETREE, DEAKINS, N ASH, SMOAK\n & STEWART, P.C.\n /s/ Travis Gasper (with permission) /s/ Molly Ann Lawrence\n Travis Gasper Jamie Ashton\n Texas Bar No. 24096881 Texas Bar No. 24087211\n 1408 N. Riverfront Blvd., Suite 323 jamie.ashton@ogletree.com\n Dallas, Texas 75207 Molly Ann Lawrence\n Phone: (469) 663-7736 Texas Bar No. 24083365\n Fax: (833) 957-2957 mollyann.lawrence@ogletree.com\n travis@travisgasper.com 8117 Preston Road, Suite 500\n Dallas, TX 75225\n ATTORNEY FOR PLAINTIFF Phone: 214-692-0168\n Fax: 214-987-3927\n\n ATTORNEYS FOR DEFENDANT\n\n\nJOINT REPORT REGARDING AGREED MEDIATOR P AGE 1\n\f Case 3:23-cv-02243-E Document 12 Filed 01/23/24 Page 2 of 2 PageID 72\n\n\n\n\n CERTIFICATE OF SERVICE\n\n I hereby certify that on this 23rd day of January, 2024, the foregoing was filed with the\nClerk of Court using the CM/ECF system, which will send notification of such filing to all counsel\nof record.\n\n /s/ Molly Ann Lawrence\n Molly Ann Lawrence\n\n\n\n\nJOINT REPORT REGARDING AGREED MEDIATOR P AGE 2\n 60112935.v1-OGLETREE\n\f","ocr_status":2,"date_upload":"2024-01-23T08:47:56.684127-08:00","document_number":"12","attachment_number":null,"pacer_doc_id":"177016565474","is_available":true,"is_free_on_pacer":null,"is_sealed":false,"document_type":1,"description":"Designation of Mediator","acms_document_guid":""}],"date_created":"2024-01-23T08:47:56.368368-08:00","date_modified":"2024-01-23T08:47:56.373172-08:00","date_filed":"2024-01-23","time_filed":null,"entry_number":12,"recap_sequence_number":"2024-01-23.001","pacer_sequence_number":29,"description":"Designation of Mediator by Childrens Health System of Texas. (Lawrence, Molly)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/374628207/","id":374628207,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/382215570/","id":382215570,"tags":[],"absolute_url":"/docket/67869497/11/paez-v-childrens-health-system-of-texas/","date_created":"2024-01-03T08:39:20.688029-08:00","date_modified":"2024-01-04T01:31:26.873231-08:00","sha1":"288025b495e8be31c1055bc78c6546f527396230","page_count":2,"file_size":289565,"filepath_local":"recap/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.11.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.11.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 3:23-cv-02243-E Document 11 Filed 01/03/24 Page 1 of 2 PageID 69\n\n\n\n UNITED STATES DISTRICT COURT\n NORTHERN DISTRICT OF TEXAS\n DALLAS DIVISION\n\n ALEXANDER PAEZ, \u00a7\n \u00a7\n Plaintiff, \u00a7\n \u00a7\n v. \u00a7 Civil Action No. 3:23-cv-2243-E\n \u00a7\n CHILDREN\u2019S HEALTH SYSTEM OF \u00a7\n TEXAS, \u00a7\n \u00a7\n Defendant. \u00a7\n\n\n\n NOTICE OF APPEARANCE\n\n Please take notice that attorney Molly Ann Lawrence of the law firm of OGLETREE,\n\nDEAKINS, NASH, SMOAK & STEWART, P.C. hereby files her appearance as counsel of record on\n\nbehalf of Defendant Children\u2019s Health System of Texas in the above-captioned case. Her state bar\n\nnumber and contact information are listed below.\n\n Jamie Ashton of OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. remains lead\n\ncounsel for Defendant in this matter.\n\nDated: January 3, 2024.\n\n\n\n\nNOTICE OF APPEARANCE PAGE 1\n\f Case 3:23-cv-02243-E Document 11 Filed 01/03/24 Page 2 of 2 PageID 70\n\n\n\n Respectfully submitted,\n\n By: /s/ Molly Ann Lawrence\n JAMIE ASHTON\n Texas State Bar No. 24087211\n jamie.ashton@ogletree.com\n MOLLY ANN LAWRENCE\n Texas State Bar No. 24083365\n mollyann.lawrence@ogletree.com\n\n OGLETREE, DEAKINS, NASH, SMOAK &\n STEWART, P.C.\n 8117 Preston Road\n Dallas, Texas 75225\n (214) 987-3800 (phone)\n (214) 987-3927 (fax)\n\n ATTORNEYS FOR DEFENDANT\n\n CERTIFICATE OF SERVICE\n\n This is to certify that on January 3, 2024, I electronically transmitted the foregoing\ndocument to the Clerk of Court using the ECF system of filing, which will transmit a Notice of\nElectronic Filing to Plaintiff\u2019s counsel of record.\n\n /s/ Molly Ann Lawrence\n MOLLY ANN LAWRENCE\n\n 59858811.v1-OGLETREE\n\n\n\n\nNOTICE OF APPEARANCE PAGE 2\n\f","ocr_status":2,"date_upload":"2024-01-03T08:39:20.968400-08:00","document_number":"11","attachment_number":null,"pacer_doc_id":"177016511664","is_available":true,"is_free_on_pacer":null,"is_sealed":false,"document_type":1,"description":"Notice of Attorney Appearance","acms_document_guid":""}],"date_created":"2024-01-03T08:39:20.675242-08:00","date_modified":"2024-01-03T08:39:20.678174-08:00","date_filed":"2024-01-03","time_filed":null,"entry_number":11,"recap_sequence_number":"2024-01-03.001","pacer_sequence_number":26,"description":"NOTICE of Attorney Appearance by Jamie Brod Ashton for Molly Ann Lawrence on behalf of Childrens Health System of Texas. (Ashton, Jamie)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/374195071/","id":374195071,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/381765905/","id":381765905,"tags":[],"absolute_url":"/docket/67869497/10/paez-v-childrens-health-system-of-texas/","date_created":"2023-12-27T08:45:17.302576-08:00","date_modified":"2023-12-28T01:09:27.846032-08:00","sha1":"b1c183db886fd82325a405fe3a942acf9723f09f","page_count":13,"file_size":287320,"filepath_local":"recap/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.10.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.10.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 3:23-cv-02243-E Document 10 Filed 12/27/23 Page 1 of 13 PageID 56\n\n\n\n UNITED STATES DISTRICT COURT\n NORTHERN DISTRICT OF TEXAS\n DALLAS DIVISION\n\nALEXANDER PAEZ, \u00a7\n \u00a7\n Plaintiff. \u00a7\n \u00a7\nv. \u00a7 CIVIL ACTION NO. 3:23-CV-02243-E\n \u00a7\nCHILDRENS HEALTH SYSTEM \u00a7\nOF TEXAS, \u00a7\n \u00a7\n Defendant. \u00a7\n\n\n\n SCHEDULING ORDER\n\n I. SUMMARY OF CRITICAL DATES\n\nDeadline for Joint Report naming mediator (\u00b6 6) January 31, 2024\nDeadline for Completion of Mediation (\u00b6 6) May 3, 2024\nDeadline for Motions for Leave to Join Parties or February 20, 2024\nAmend Pleadings (\u00b6 2)\nPlaintiff's Expert Designation & Report (\u00b6 4 a) June 14, 2024\nDefendant's Expert Designation & Report (\u00b6 4 b) July 15, 2024\nRebuttal Expert Designation (\u00b6 4 c) 49 days after disclosure made by other party\nDeadline for Completion of Discovery (\u00b6 5) October 15, 2024\nDeadline for Expert Objections (\u00b6 4 d) November 15, 2024\nDeadline for Dispositive Motions (\u00b6 3) November 15, 2024\nDeadline for Pretrial Disclosures and Objections February 11, 2025\n(\u00b6 7) Objections due 14 days thereafter\nDeadline for Pretrial Materials (pretrial order etc.) March 4, 2025\n(\u00b6 8)\nSettlement Conference (\u00b6 10) Ten days prior to the pretrial conference\nExchange of Exhibits (\u00b6 9) Two business days prior to the pretrial conference\nPretrial Conference (\u00b6 9) March 31, 2025, at 10:00 AM\nTrial Date (\u00b6 1) Three-week docket beginning Tuesday, April 1, 2025\n\n\n\n\nScheduling Order Page 1 of 13\n\f Case 3:23-cv-02243-E Document 10 Filed 12/27/23 Page 2 of 13 PageID 57\n\n\n\n II. SCHEDULING INSTRUCTIONS\n\n Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure and the local rules of this\n\nCourt (except as modified herein), the Court, having considered the status report submitted by the\n\nparties, finds that the following schedule should govern the disposition of this case:\n\n Unless otherwise ordered or specified by this Order, all limitations and requirements of the\n\nFederal Rules of Civil Procedure and the local rules of this Court must be observed. And unless\n\notherwise noted, all references to Rules in this Order refer to the Federal Rules of Civil Procedure.\n\n The parties must seek leave of Court to amend any deadline in this order.\n\n1. Trial Date: This case is set for jury trial on this Court\u2019s three-week docket beginning\n\nTuesday, April 1, 2025. Counsel and the parties shall be ready for trial on two days\u2019 notice at any\n\ntime during this three-week period. Any potential conflicts must be called to the attention of the\n\nCourt in writing within ten days from the date of this Order. If this case involves a significant\n\nnumber of out-of-state witnesses, the parties may request a more definite trial date from the Court.\n\n2. Joinder of Parties or Amendment of Pleadings: By February 20, 2024, all motions for\n\nleave to join additional parties or amend pleadings shall be filed. The parties must comply with\n\nRule 15(a).\n\n3. Dispositive Motions: By November 15, 2024, all motions that would dispose of all or any\n\npart of this case (including motions for summary judgment) shall be filed.\n\n4. Experts:\n\n A. Designation of Expert(s) by Plaintiff: Unless otherwise permitted by the Court,\n the plaintiff shall file a written designation of the name and address of each expert\n witness who will testify at trial for the plaintiff and shall otherwise comply with\n Rule 26(a)(2) on or before June 14, 2024.\n\n\n\n\nScheduling Order Page 2 of 13\n\f Case 3:23-cv-02243-E Document 10 Filed 12/27/23 Page 3 of 13 PageID 58\n\n\n\n B. Designation of Expert(s) by Defendant or Third Party: Each defendant or third\n party shall file a written designation of the name and address of each expert witness\n who will testify at trial for that party and shall otherwise comply with Rule 26(a)(2)\n on or before July 15, 2024.\n\n C. Rebuttal Expert(s): If the evidence is intended solely to contradict or rebut\n evidence on the same subject matter identified by another party under Rule\n 26(a)(2)(B), the disclosures required under Rule 26(a)(2) shall be made within 49\n days after the disclosure made by the other party.\n\n D. Challenges to Experts: The parties are directed to file any objections to, or motions\n to strike or exclude expert testimony (including Daubert motions), no later than\n November 15, 2024.\n\n5. Completion of Discovery and Orders Regarding Electronically Stored Information\n\n(\u201cESI\u201d): By October 15, 2024, all discovery\u2014including discovery concerning expert witnesses\u2014\n\nshall be completed.\n\n Any motion to compel discovery or for a protective order must be filed by the later of: (1)\n\n14 days before the completion-of-discovery deadline; or (2) 10 days after the discovery response\n\nat issue was served or due to be served. Any other motions that are related to discovery but do not\n\nseek to compel or avoid as-yet uncompleted depositions, service of discovery responses, or\n\nproduction of documents or electronically stored information must be filed by 3 days after the\n\ncompletion-of-discovery deadline.\n\n Any motion to quash or for protective order relating to a deposition that is filed less than\n\nfive days before the scheduled or noticed date of the deposition will be summarily denied unless,\n\non proper motion, the Court grants leave for the motion to be filed based on a showing of\n\nextraordinary or extenuating circumstances that prevented the requested relief from being\n\npresented to the Court at an earlier date.\n\n This Order further supplements all other discovery rules and orders. The Court\u2019s intent is\n\nto streamline discovery of electronically stored information to promote a \u201cjust, speedy, and\n\n\nScheduling Order Page 3 of 13\n\f Case 3:23-cv-02243-E Document 10 Filed 12/27/23 Page 4 of 13 PageID 59\n\n\n\ninexpensive determination\u201d of this action. See Fed. R. Civ. P. 1. The parties must work\n\ncooperatively and in good faith to achieve these goals.\n\n A. General ESI production: Absent agreement of the parties or further order, the\n following parameters apply to ESI production other than email under Rules 34 and\n 45 or in compliance with a disclosure requirement of this Court:\n\n (i) Document image format: A producing party must produce each electronic\n document in single-page Tagged Image File Format. TIFF files must be\n single page and named with a unique production number followed by the\n appropriate file extension. Load files must be provided to indicate the\n location and unitization of the TIFF files. If a document is more than one\n page, the unitization of the document and any attachments and/or affixed\n notes must be maintained as they existed in the original document.\n\n (ii) Metadata. Absent a showing of good cause, ESI need not include\n production of metadata.\n\n (iii) Fields included. Where such fields exist, ESI must include the date and\n time that a document was sent and received, as well as the complete\n distribution list.\n\n (iv) Text-searchable documents. No party has an obligation to make its\n production searchable by text. But where a party\u2019s documents already exist\n in such format independent of this litigation, or are converted to such format\n for use in this litigation (including for use by the producing party\u2019s counsel),\n then such documents must be produced in the same format at no cost to the\n receiving party.\n\n (v) Footer. Each document image must contain a footer with a sequentially\n ascending production number.\n\n (vi) Native files. A party receiving a document produced in the format specified\n above may make a reasonable request after review to receive the document\n in its native format. Upon such request, the producing party must produce\n the document in its native format or bring concerns of burden to the\n requesting party\u2019s attention.\n\n (vii) No backup restoration required. Absent a showing of good cause, when\n complying with discovery obligations in the present case, no party need\n restore any form of media upon which backup data is maintained in a party\u2019s\n normal operations. This includes without limitation backup tapes, disks,\n SAN, and other forms of media.\n\n\n\n\nScheduling Order Page 4 of 13\n\f Case 3:23-cv-02243-E Document 10 Filed 12/27/23 Page 5 of 13 PageID 60\n\n\n\n (viii) Voicemail and mobile devices. Absent a showing of good cause,\n voicemails, PDAs, and mobile phones are deemed to be not reasonably\n accessible and need not be collected and preserved.\n\n B. E-mail production: Absent agreement of the parties or further order, the following\n parameters apply to email production under Rules 34 and 45, or compliance with a\n mandatory disclosure requirement of this Court:\n\n (i) Requests for email. E-mail refers to electronic mail or any form of\n electronic correspondence. Parties must propound specific production\n requests to obtain e-mail.\n\n (ii) Production timing. E-mail production requests must be phased to occur\n with reasonable dispatch after the parties have exchanged:\n\n o Initial disclosures;\n\n o A specific listing of likely e-mail custodians;\n\n o A specific identification of the five most significant listed e-mail\n custodians in view of the pleaded claims and defenses; and\n\n o Preliminary information relevant to damages.\n\n The exchange of this information must commence within twenty-one days of such\n initial disclosures unless the parties mutually agree to another time.\n\n (iii) Identification of custodians. E-mail production requests must identify the\n custodian, search terms, and time frame. The parties must cooperate in good\n faith to identify the proper custodians, search terms, and time frame. Each\n requesting party must limit its e-mail production requests to a total of five\n custodians per producing party. The Court may require production from\n additional e-mail custodians upon a showing of good cause after the\n requesting party reviews the initial production.\n\n (iv) Search terms. Each requesting party must limit its e-mail production\n requests to a total of ten search terms per custodian per party, unless the\n parties mutually agree to additional terms. The search terms must be\n narrowly tailored to particular issues. Indiscriminately broad terms (such as\n the producing company\u2019s name or its product name) are inappropriate\n unless combined with narrowing search criteria that sufficiently reduce\n overproduction and burden. A conjunctive combination of multiple words\n or phrases (for instance, computer and system) narrows the search and\n counts as a single search term. A disjunctive combination of multiple words\n or phrases (for instance, computer or system) broadens the search and\n counts each word or phrase as a separate search term, unless they are\n variants of the same word. Where appropriate, the parties must use\n\n\n\nScheduling Order Page 5 of 13\n\f Case 3:23-cv-02243-E Document 10 Filed 12/27/23 Page 6 of 13 PageID 61\n\n\n\n narrowing search criteria (for instance, and, or but not, or w/x) to limit\n production and burden.\n\n C. Best efforts and cost-shifting: The parties must use best efforts to work\n cooperatively and in good faith to narrow queries as necessary to reasonably reduce\n the burden on the searching/producing party. The Court will consider the extent of\n cooperation and good faith when determining whether to shift costs for\n disproportionate discovery, where applicable. The Court will specifically consider\n a party\u2019s efforts to promote efficiency and reduce costs in this regard.\n\n D. Disputes: The parties must confer in good faith before bringing any dispute to the\n attention of the Court. Proceed according to Section 15 of this Court\u2019s procedures\n published on its website.\n\n E. No waiver: The mere production of ESI in this litigation as part of a mass\n production does not itself constitute a waiver for any purpose.\n\n F. Inadvertent production: The inadvertent production of ESI that includes\n privileged material, including attorney/client or attorney work product material, is\n not a waiver in the pending case or in any other federal or state proceeding. FRE\n 502(d).\n\n G. Other rules remain applicable: Nothing in this Order affects the parties\u2019\n discovery obligations under the Federal Rules, the Local Rules, or this Court\u2019s\n Procedures. But on any inconsistency applicable to ESI, the Court will apply this\n Order first.\n\n6. Mediation: The parties shall file a Joint Report informing the Court of their choice of an\n\nagreed-upon mediator or of their inability to agree upon a mediator 35 days from the date of this\n\norder. In the event the parties are unable to agree on a mediator, the Court will appoint one for\n\nthem. At that time, a separate Mediation Order will be issued, further discussing, if necessary, the\n\nguidelines and requirements of the mediation. The parties shall mediate their case by May 3, 2024.\n\n Once a Mediator has been agreed upon, the Court directs counsel for all parties to contact\n\nthe Mediator as soon as possible. Fees for the mediation are to be divided and borne equally\n\nby the parties, shall be paid by the parties directly to the Mediator, and shall be taxed as\n\ncosts.\n\n\n\n\nScheduling Order Page 6 of 13\n\f Case 3:23-cv-02243-E Document 10 Filed 12/27/23 Page 7 of 13 PageID 62\n\n\n\n The Mediator is expected to follow the 2005 Model Standards of Conduct for Mediators,\n\nwhich have been adopted by the American Bar Association, the American Arbitration Association,\n\nand the Association for Conflict Resolution. The Standards may be accessed at\n\nhttps://www.americanbar.org/groups/dispute_resolution/policy_standards/. If there are any parts\n\nof the Model Standards that the Mediator believes the Mediator cannot satisfy, the Mediator shall\n\npromptly notify the Court.\n\n The named parties shall be present during the entire mediation process, and each party\u2014\n\nwhich is not a natural person\u2014must be represented by an executive officer (other than in-house\n\ncounsel) with authority to negotiate a settlement (the authority required shall be active, i.e., not\n\nmerely the authority to observe the mediation proceedings but the authority to negotiate, demand\n\nor offer, and bind the party represented). Counsel and the parties shall proceed in a good faith\n\neffort to try to resolve this case. Referral to alternative dispute resolution is not a substitute for\n\ntrial, however, and the case will be tried if not settled. The Mediator shall submit a report to the\n\ncourt within three days of the mediation.\n\n No subpoenas, summonses, citations, or other process shall be served at or near the location\n\nof any mediation session, upon any person entering, leaving, or attending any mediation session.\n\nCounsel and parties shall proceed in a good faith effort to resolve this case and shall agree upon a\n\ndate for mediation to be completed by May 3, 2024. Failure to comply in good faith with the\n\nrequirements of this order may result in the imposition of sanctions. See Fed. R. Civ. P. 16(f).\n\n In accordance with \u00a7 III(G) of this court\u2019s Civil Justice Expense and Delay Reduction Plan,\n\nthe clerk of the court shall transmit to counsel a copy of its \u201cAlternative Dispute Resolution\n\nSummary\u201d form. Counsel shall be jointly responsible for ensuring that the Mediator receives the\n\nform in a timely fashion. The Mediator is ordered to return the form to the clerk of the court (not to\n\n\n\n\nScheduling Order Page 7 of 13\n\f Case 3:23-cv-02243-E Document 10 Filed 12/27/23 Page 8 of 13 PageID 63\n\n\n\nthe undersigned\u2019s chambers) in accordance with the clerk\u2019s instructions. The Mediator\u2019s obligation\n\nto return the clerk\u2019s form is separate from the obligation to submit a report to the court.\n\n7. Pretrial Disclosures and Objections: Unless otherwise directed by order, the parties must\n\nmake the disclosures required by Rule 26(a)(3)(A)(i)\u2013(iii) by February 11, 2025. Within 14 days\n\nthereafter, a party must serve and file a list disclosing any objections, together with the supporting\n\ngrounds, to: (1) the use under Rule 32(a) of a deposition designated by another party under Rule\n\n26(a)(3)(A)(ii); (2) the admissibility of materials identified under Rule 26(a)(3)(A)(iii); and (3) the\n\nuse of any witnesses (except for expert objections) identified under Rule 26(a)(3)(A)(i), 1 if any.\n\nObjections not so disclosed, other than objections under Rules 402 and 403 of the Federal Rules\n\nof Evidence, are waived unless excused by the Court for good cause. Responses to objections, if\n\nany, should be filed within 14 days of the date of the filing of the objections.\n\n8. Pretrial Materials: By March 4, 2025, the following materials shall be filed:\n\n A. Joint Pretrial Order: Plaintiff\u2019s attorney shall submit a joint pretrial order that\n covers each of the matters listed in Local Rule 16.4 and states the estimated length\n of trial and whether the case is jury or non-jury. Each party may present its version\n of any disputed matter in the joint pretrial order; therefore, failure to agree upon\n content or language is not an excuse for submitting separate pretrial orders. If an\n attorney for either party does not participate in the preparation of the joint pretrial\n order, the opposing attorney shall submit a separate pretrial order with an\n explanation of why a joint order was not submitted (so that the court can impose\n sanctions, if appropriate). When the joint pretrial order is approved by the Court, it\n will control all subsequent proceedings in this case.\n\n B. Motions in Limine: Parties may file motions in limine on no more than TEN\n discrete topics (no subparts) that are actually in dispute. Good faith compliance\n with the conference requirements of Local Rule 7.1 will help to narrow issues that\n are actually in dispute. Motions in limine that contain boilerplate requests, that\n exceed ten topics, or that cover undisputed issues will be stricken.\n\n\n\n1\n Requiring parties to file objections to witnesses disclosed under Rule 26(a)(3)(A)(i) is a modification of\nthe requirements of Rule 26(a)(3)(B), which requires only that the parties file objections to deposition\ndesignations and exhibits.\n\n\nScheduling Order Page 8 of 13\n\f Case 3:23-cv-02243-E Document 10 Filed 12/27/23 Page 9 of 13 PageID 64\n\n\n\n C. Jury Instructions: Each party shall submit requested jury instructions\n (annotated). 2 Each party shall also send a Word version to\n Brown_orders@txnd.uscourts.gov.\n\n D. Proposed Findings of Fact and Conclusions of Law (annotated) 3: In a non-jury\n case, each party having the burden of persuasion on an issue shall file proposed\n findings of fact and conclusions of law. Within five days thereafter, any opposing\n party shall serve its proposed findings and conclusions (annotated) 4 on that issue,\n numbered in paragraphs corresponding to those earlier filed. This requirement\n modifies Local Rule 52.1.\n\n E. Voir Dire: The Court will ask some general questions, but the attorneys will\n conduct most of voir dire. If the parties would like the Court to ask the jury panel\n any specific questions, they shall file proposed voir dire questions.\n\n F. Trial Briefs: Each party may file trial briefs. In the absence of a specific order of\n the Court, trial briefs are not required but are welcomed if a party believes it would\n help the Court. The briefing should utilize Fifth Circuit and/or Supreme Court\n authority or relevant state authority to address the issues the parties anticipate will\n arise at trial.\n\n NOTE: Deadlines in this order regarding pretrial materials are dates for filing or delivery,\n not mailing dates.\n\n9. Pretrial Conference: A pretrial conference in the case is set for March 31, 2025, at 10:00\n\nAM. Lead counsel for each party must attend; if the party is proceeding pro se, the party must\n\nattend. Fed. R. Civ. P. 16(e). Lead counsel and pro se parties must have the authority to enter into\n\nstipulations and admissions that would facilitate the admission of evidence and reduce the time\n\nand expense of trial. Id. All pretrial motions not previously decided will be heard at that time and\n\nprocedures for trial will be discussed.\n\n\n2\n \u201cAnnotated\u201d means that each proposed instruction or conclusion of law shall be accompanied by citation\nto statutory or case authority and/or pattern instructions. It is not sufficient to submit a proposed instruction\nor conclusion of law without citation to supporting authority. The parties should\u2013to the extent possible\u2013\nrely on the Fifth Circuit pattern instructions or, in their absence, Fifth Circuit and Supreme Court cases in\nproposing jury instructions. If state law is at issue, the applicable state authority should be cited.\n3\n See supra note 2.\n4\n Id.\n\n\nScheduling Order Page 9 of 13\n\f Case 3:23-cv-02243-E Document 10 Filed 12/27/23 Page 10 of 13 PageID 65\n\n\n\n By no later than two days before the Pretrial Conference, the following final pretrial\n\n materials shall be submitted. Given that these final pretrial materials are due very shortly\n\n before the trial date, they should reflect the parties\u2019 best efforts to: (1) determine those\n\n exhibits, witnesses, and deposition designations that they are most likely to actually use at\n\n trial; and (2) reach agreement on the admission of that evidence.\n\n A. Exchange of Exhibits: Counsel for each party intending to offer exhibits shall\n exchange a complete set of marked exhibits (including demonstrative exhibits) with\n opposing counsel and shall deliver to the Court\u2019s chambers one hard copy and one\n digital copy on a flash drive, of the marked exhibits (except for large or voluminous\n items that cannot be easily reproduced). The documents or things to be offered as\n exhibits shall be numbered by attachment of gummed labels to correspond with the\n sequence on the exhibit list and shall identify the party submitting the exhibit. This\n requirement modifies Local Rule 26.2(a).\n\n B. Witness Lists: Each party shall file a list of witnesses that: (1) divides the persons\n listed into groups of \u201cprobable witnesses,\u201d \u201cpossible witnesses,\u201d \u201cexperts,\u201d and\n \u201crecord custodians\u201d; and (2) provides:\n (i) the name and address of each witness;\n (ii) a brief narrative summary of the testimony to be covered by each witness;\n (iii) whether the witness has been deposed; and\n (iv) the expected duration of direct or cross-examination of the witness. 5\n This requirement modifies Local Rule 26.2(b).\n\n\n\n\n5\n Under Rule 16(2)(O) and Section VII of the United States District Court for the Northern District of Texas\nCivil Justice Expense and Delay Reduction Plan, the Court may impose a reasonable limit on the time\nallowed for presenting evidence in this case. See Fed. R. Civ. P. 16 advisory committee\u2019s note to 1993\namendment (explaining that courts should ordinarily impose time limits only after receiving appropriate\nsubmissions from the parties).\n\n\nScheduling Order Page 10 of 13\n\f Case 3:23-cv-02243-E Document 10 Filed 12/27/23 Page 11 of 13 PageID 66\n\n\n\n C. Exhibition List and Deposition Testimony Designations: Each party shall file a\n list of exhibits (including demonstrative exhibits) and a designation of portions of\n depositions to be offered at trial. The Court expects the parties to confer and\n agree to admit the majority of their exhibits and deposition designations\n before trial. The Court also expects the parties to cooperate in preparing the written\n statements referenced below.\n\n The list of exhibits shall describe with specificity the documents or things in\n numbered sequence and shall be accompanied by a written statement signed by\n counsel for each party, stating that, as to each exhibit shown on the list:\n\n (1) the parties agree to the admissibility of the exhibit; or\n\n (2) the admissibility of the exhibit is objected to, identifying the nature and\n legal basis of any objection to admissibility and the name(s) of the party or\n parties urging the objection.\n\n Counsel for the party proposing to offer an exhibit shall be responsible for\n coordinating activities related to preparing the written statement for the exhibit. The\n Court may exclude any exhibit offered at trial unless a statement regarding the\n exhibit has been filed in a timely manner.\n\n Each party will be expected to present the list of that party\u2019s exhibits to which no\n objection will be lodged (pre-admitted) at the pretrial conference. 6 The parties\n should be prepared at the Pretrial Conference to identify for the Court, and to focus\n on, any outstanding objections to that evidence that they are most likely to use at\n trial (e.g., by asking the Court to rule on objections to only the 20 most pertinent\n exhibits to be used out of the 200 exhibits submitted as part of the Pretrial\n Disclosures of paragraph 7 above).\n\n10. Settlement Conference and Status Report:\n\n A. Settlement Conference: At least ten days before the pretrial conference, the\n parties and their respective lead counsel shall hold a face-to-face meeting to\n discuss settlement of this case. Individual parties and their counsel shall participate\n in person, not by telephone or other remote means. All other parties shall\n participate by a representative or representatives, in addition to counsel, who shall\n have unlimited settlement authority and who shall participate in person, not by\n telephone or other remote means. If a party has liability insurance coverage as to\n any claim made against that party in this case, a representative of each insurance\n company providing such coverage, who shall have full authority to offer policy\n limits in settlement, shall be present at, and participate in, the meeting in person,\n\n6\n This does not change the sequential manner in which each side should number its exhibits. In other words,\na party should not separately number its exhibits in \u201cobjected to\u201d and \u201cunobjected to\u201d categories.\n\n\nScheduling Order Page 11 of 13\n\f Case 3:23-cv-02243-E Document 10 Filed 12/27/23 Page 12 of 13 PageID 67\n\n\n\n not by telephone or other remote means. At this meeting, the parties shall comply\n with the requirements of Local Rule 16.3.\n\n B. Joint Settlement Report: Within seven days after the settlement conference, the\n parties shall jointly prepare and file a written report, which shall be signed by\n counsel for each party, detailing: (1) the date on which the meeting was held; (2)\n the persons present (including the capacity of any representative); (3) a statement\n as to whether meaningful progress toward settlement was made; and (4) a statement\n regarding the prospects of settlement.\n\n11. Modification of Scheduling Order: As addressed above, this Order controls the\n\ndisposition of this case unless it is modified by the Court on a showing of good cause and by leave\n\nof court. Fed. R. Civ. P. 16(b)(4). Any request that the trial date of this case be modified must be\n\nmade: (1) in writing to the Court; (2) before the deadline for completion of discovery; and (3) in\n\naccordance with the United States District Court for the Northern District of Texas Civil Justice\n\nExpense and Delay Reduction Plan \u00b6 V and Local Rule 40.1, which requires that motions for\n\ncontinuance be signed by the party as well as by the attorney of record.\n\n12. Sanctions: Should any party or counsel fail to cooperate in doing anything required by this\n\nOrder, the party or counsel\u2014or both\u2014may be subject to sanctions. If the plaintiff does not timely\n\nfile the required (or other) pretrial material, then the case will be dismissed. If the defendant/third\n\nparty does not timely file the required (or other) pretrial material, then a default will be entered or\n\nthe defendant/third party will not be permitted to present witnesses or exhibits at trial. Fines or\n\nother sanctions, if appropriate, may also be imposed under Rule 16(f). Failure to list a witness,\n\nexhibit, or deposition excerpt as required by this Order shall be grounds for exclusion of that\n\nevidence. This does not apply to testimony, exhibits, or deposition excerpts offered for\n\nimpeachment; further, the use of unlisted witnesses, exhibits, or deposition excerpts for rebuttal\n\nshall be permitted if the attorneys could not have reasonably anticipated their need for that\n\nevidence.\n\n\n\nScheduling Order Page 12 of 13\n\f Case 3:23-cv-02243-E Document 10 Filed 12/27/23 Page 13 of 13 PageID 68\n\n\n\n13. Court Specific Filing Procedures: Proposed orders are required to be submitted with\n\nEVERY non-dispositive motion. Proposed orders must be submitted via email in a Word-\n\ncompatible format as instructed in the CM/ECF system\u2019s \u201cProposed Orders\u201d Event. The proposed\n\norders must be emailed to: Brown_orders@txnd.uscourts.gov and include the case number and\n\nthe document number of the referenced motion in the subject line. Make sure to \u201ccc\u201d opposing\n\ncounsel.\n\n14. Inquiries by Email: Questions about this Scheduling Order or any other matters related to\n\nthis case should be directed by email to the Court at Cynthia_Thornton@txnd.uscourts.gov. If\n\nyou choose to email the Court, include the case name and number, as well as your name and\n\nnumber. Also, make sure to \u201ccc\u201d opposing counsel on your email to the Court. If you do not \u201ccc\u201d\n\nopposing counsel, you will not receive a response to your email.\n\n Please note: If Realtime or daily copy is being requested, the Court requires the parties\n\nto notify the court reporter, Nikki Barr at Nikki_Barr@txnd.uscourts.gov, at least two weeks in\n\nadvance of such request; otherwise, the service will not be available.\n\n SO ORDERED.\n\n Signed December 27, 2023.\n\n\n\n\n Ada Brown\n UNITED STATES DISTRICT JUDGE\n\n\n\n\nScheduling Order Page 13 of 13\n\f","ocr_status":2,"date_upload":"2023-12-27T08:45:17.591693-08:00","document_number":"10","attachment_number":null,"pacer_doc_id":"177016501700","is_available":true,"is_free_on_pacer":null,"is_sealed":false,"document_type":1,"description":"Scheduling Order","acms_document_guid":""}],"date_created":"2023-12-27T08:45:17.283285-08:00","date_modified":"2023-12-27T09:20:18.789642-08:00","date_filed":"2023-12-27","time_filed":"10:43:54","entry_number":10,"recap_sequence_number":"2023-12-27.001","pacer_sequence_number":24,"description":"SCHEDULING ORDER: Jury Trial set for three-week docket beginning 4/1/2025 before Judge Ada Brown. Joinder of Parties due by 2/20/2024. Amended Pleadings due by 2/20/2024. Motions due by 11/15/2024. Discovery due by 10/15/2024. Pretrial Order due by 3/4/2025. Pretrial Materials due by 3/4/2025. Pretrial Conference set for 3/31/2025 10:00 AM before Judge Ada Brown. Deadline for mediation is on or before 5/3/2024. (Ordered by Judge Ada Brown on 12/27/2023) (sxf)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/374133112/","id":374133112,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/67869497/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/381701862/","id":381701862,"tags":[],"absolute_url":"/docket/67869497/9/paez-v-childrens-health-system-of-texas/","date_created":"2023-12-26T09:40:30.929336-08:00","date_modified":"2023-12-27T01:16:07.977903-08:00","sha1":"2f0b1b7ccce17522bb239f901ca9f3d23cd16bf6","page_count":10,"file_size":278152,"filepath_local":"recap/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.9.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.txnd.382062/gov.uscourts.txnd.382062.9.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 3:23-cv-02243-E Document 9 Filed 12/26/23 Page 1 of 10 PageID 46\n\n\n\n IN THE UNITED STATES DISTRICT COURT\n FOR THE NORTHERN DISTRICT OF TEXAS\n DALLAS DIVISION\n\nALEXANDER PAEZ, \u00a7\n \u00a7\n Plaintiff, \u00a7\n \u00a7\nv. \u00a7 Civil Action No. 3:23-cv-2243-E\n \u00a7\nCHILDREN\u2019S HEALTH SYSTEM OF \u00a7 JURY TRIAL DEMANDED\nTEXAS, \u00a7\n \u00a7\n Defendant. \u00a7\n\n\n\n JOINT STATUS REPORT\n\n\n Plaintiff Alexander Paez (\u201cPlaintiff\u201d) and Defendant Children\u2019s Health System of Texas\n\n(\u201cDefendant\u201d) (collectively, the \u201cParties\u201d) file this Joint Status Report pursuant to the Court\u2019s\n\nDecember 12, 2023 Status Report Order (Dkt. 8).\n\n1. State when and how the meeting of the parties required by Rule 26(f) was held, and\nidentify the counsel or self-represented litigant who attended for each party.\n\n Counsel for the Parties met via Teams video on December 20, 2023. Travis Gasper\n attended for Plaintiff. Jamie Ashton attended for Defendant.\n\n2. List the cases related to this one that are pending in any state or federal court\u2014\nincluding the case number and court\u2014and state how the cases are related.\n\n None.\n\n3. Briefly describe what this case is about\u2014including a statement of the claims and\ndefenses.\n\n Plaintiff Alexander Paez (\u201cPaez\u201d) brings this case against Defendant Children\u2019s Health\n System of Texas (\u201cChildren\u2019s Health\u201d) for alleged violations of the Family and Medical\n Leave Act (\u201cFMLA\u201d) and the Americans with Disabilities Act (\u201cADA\u201d).\n\n Plaintiff\u2019s Claims\n Mr. Paez alleges that Children\u2019s Health interfered with, restrained, or denied his rights in\n violation of the FMLA, and that Children\u2019s Health retaliated against him in violation of the\n\n\nJOINT STATUS REPORT Page 1\n\f Case 3:23-cv-02243-E Document 9 Filed 12/26/23 Page 2 of 10 PageID 47\n\n\n\n FMLA by its disparate treatment of him, both while he was on FMLA leave and when he\n returned to work from FMLA leave. Children\u2019s Health made Mr. Paez\u2019s working\n conditions so intolerable that a reasonable employee would feel compelled to resigned.\n\n Mr. Paez also alleges that Children\u2019s Health violated his rights under the ADA by failing\n to provide a reasonable accommodation, and that Children\u2019s Health retaliated against him\n in violation of the ADA after he complained of disability discrimination.\n\n Ultimately, Mr. Paez was constructively discharged on October 27, 2022.\n\n Defendant\u2019s Defenses\n Defendant denies Plaintiff\u2019s factual allegations, denies that it violated any statutory or other\n legal obligations, and further denies that Plaintiff is entitled to any monetary relief in this\n matter. Defendant incorporates the defenses raised in its Answer and Defenses to Plaintiff\u2019s\n Original Complaint on file in this matter [Dkt. 6]. In particular, Defendant asserts that it\n provided Plaintiff with all requested accommodations in the form of leave and job\n restrictions. Defendant did not interfere with, restrain, or deny Plaintiff\u2019s protected leave\n rights. Further, Plaintiff resigned his employment and was not subjected to any adverse\n employment action to support his constructive discharge claim.\n\n4. Identify a proposed time limit to file motions for leave to join other parties.\n\n The Parties propose the following deadline to file motions for leave to join other parties:\n February 20, 2024.\n\n5. Identify a proposed time limit to amend the pleadings.\n\n The Parties propose the following deadline to amend the pleadings: February 20, 2024.\n\n6. Identify proposed time limits to file various types of motions, including dispositive\nmotions (NOTE: The dispositive motion deadline cannot be less than 90 days before trial;\nthe Court prefers the deadline to occur 120 days before trial).\n\n The Parties propose the following deadline to file dispositive motions: October 25, 2024.\n\n7. Specify the allegation of federal jurisdiction.\n\n This Court has jurisdiction over this action pursuant to 28 U.S.C. \u00a7 1331 because this is a\n civil action arising under the FMLA and ADA.\n\n8. Identify the parties who disagree and the reasons.\n\n None.\n\n9. Identify any issues as to service of process, personal jurisdiction, or venue.\n\n\n\n\nJOINT STATUS REPORT Page 2\n\f Case 3:23-cv-02243-E Document 9 Filed 12/26/23 Page 3 of 10 PageID 48\n\n\n\n None.\n\n10. List anticipated additional parties that should be included and when they can be\nadded, and identify any class or collective-action certification issues.\n\n There are no anticipated additional parties and no class or collective-action certification\n issues.\n\n11. State whether each party has made the initial disclosures required by Rule 26(a). If\nnot, describe the arrangements that have been made to complete the disclosures and the\ndates.\n\n The Parties will make the initial disclosures required by Rule 26(a) by January 19, 2024.\n\n12. If the case includes a claim for attorneys\u2019 fees, state whether the parties agree to\nsubmit the fees issue to the court for resolution on affidavits or declarations, after the other\nissues are resolved.\n\n The Parties agree to submit attorneys\u2019 fees issues to the Court for resolution on affidavits\n or declarations, after liability and damages are resolved.\n\n13. Describe the proposed discovery plan, including:\n\n A. A proposed plan and schedule for discovery, a statement of the subjects on which\n discovery may be needed, a time limit to complete factual discovery and expert\n discovery, and a statement of whether discovery should be conducted in phases or\n limited to or focused upon particular issues.\n\n The Parties anticipate that the subjects on which discovery may be needed include:\n Plaintiff\u2019s factual allegations, including his alleged disability and request(s) for\n accommodation and leave, Plaintiff\u2019s alleged damages, including his efforts to mitigate his\n alleged damages, Defendant\u2019s defenses, and the Parties\u2019 designated experts, if any.\n\n The Parties intend to serve written discovery requests, including Interrogatories, Requests\n for Production, and/or Requests for Admission. The Parties reasonably expect depositions\n of Plaintiff, Plaintiff\u2019s treating/diagnosing physicians, and any designated experts.\n\n The Parties propose that all fact discovery be completed by August 26, 2024.\n\n The Parties propose the following deadlines to designate expert witnesses, make the expert\n disclosures required by Rule 26(a)(2), and file expert reports:\n Plaintiff: June 14, 2024\n Defendant: July 15, 2024\n\n The Parties do not anticipate that discovery in this matter requires that discovery should be\n conducted in phases or limited to or focused upon any particular issues.\n\n\n\nJOINT STATUS REPORT Page 3\n\f Case 3:23-cv-02243-E Document 9 Filed 12/26/23 Page 4 of 10 PageID 49\n\n\n\n\n B. Responses to the matters raised in Rule 26(f), including any agreements reached\n concerning electronic and other discovery and any disputed issues relating to\n electronic and other discovery.\n\n The Parties agree that discovery should be conducted in accordance with the Federal Rules\n of Civil Procedure and any Scheduling Order entered in this case. The Parties do not seek\n any changes to the discovery limitations set forth in the Federal Rules of Civil procedure.\n\n The Parties currently have no disputes regarding disclosure or discovery of ESI. The Parties\n agree to produce copies of ESI material requested in PDF form. Any disputes regarding\n disclosure of documents will be attempted to be resolved informally before involving the\n Court.\n\n The Parties do not anticipate issues with respect to the production of privileged documents\n or trial preparation materials. The Parties will comply with Rule 26(b)(5)(B) in the event\n either party inadvertently produces information subject to a claim of privilege or protection\n as trial-preparation material.\n\n The Parties anticipate that a protective order may be necessary in this case to protect\n confidential information, as contemplated under Rule 26(c) of the Federal Rules of Civil\n Procedure. The Parties will work together to draft the agreed protective order, which may\n contain clawback provisions that address the protection of privileged and otherwise\n protected documents. Plaintiff understands that Defendant will not produce any documents\n it deems confidential until after a suitable Protective Order has been entered in this matter.\n\n C. When and to whom the plaintiff anticipates it may send interrogatories and requests\n for production.\n\n Plaintiff anticipates sending interrogatories and requests for production to Defendant\n within the discovery period.\n\n D. When and to whom the defendant anticipates it may send interrogatories and\n requests for production.\n\n Defendant anticipates sending interrogatories and requests for production to Plaintiff\n within the discovery period. Defendant further anticipates soliciting Plaintiff\u2019s\n employment records, medical records, income verification, and other pertinent documents\n via third-party subpoena.\n\n E. Of whom and by when the plaintiff anticipates taking oral depositions, and whether\n they can be done by remote means, such as by zoom.\n\n Plaintiff anticipates taking oral depositions of Defendant\u2019s corporate representative(s) and\n other fact witnesses after receiving Defendant\u2019s responses to Plaintiff\u2019s written discovery\n requests. Plaintiff prefers to take depositions of local witnesses in person, but will consider\n\n\n\nJOINT STATUS REPORT Page 4\n\f Case 3:23-cv-02243-E Document 9 Filed 12/26/23 Page 5 of 10 PageID 50\n\n\n\n taking a remote deposition, such as by Zoom, if necessary. Plaintiff will confer in advance\n with Defendant in an attempt to work out any scheduling or logistical issues.\n\n F. Of whom and by when the defendant anticipates taking oral depositions, and whether\n they can be done by remote means, such as by zoom.\n\n Defendant anticipates at least taking the oral deposition of Plaintiff and his\n treating/diagnosing physician(s). Defendant prefers in-person depositions but will consider\n utilizing remote means, if necessary.\n\n G. Any threshold issues\u2014such as limitations, jurisdiction, or immunity\u2014that should be\n scheduled for early resolution, what discovery targeted to those issues may need to\n occur early, and how long this targeted discovery will take.\n\n None at this time.\n\n H. Any experts needed on issues other than attorneys\u2019 fees.\n\n Plaintiff anticipates designating medical experts for the health conditions/disability at\n issue.\n\n Defendant may designate a medical expert to opine on Plaintiff\u2019s alleged health\n condition(s) or impairment(s) at issue in this case. Defendant will evaluate the need to\n designate a vocational expert after initial discovery.\n\n I. If medical experts are needed, whether they are only treating physicians or also\n designated on other issues.\n\n Plaintiff\u2019s anticipated medical experts are expected to be only treating physicians.\n\n At this time, Defendant reasonably anticipates that it may designate a medical expert to\n opine on Plaintiff\u2019s alleged health condition(s) or impairment(s) at issue in this case.\n\n J. When the plaintiff (or the party with the burden of proof on an issue) will be able to\n designate experts and provide the reports required by Rule 26(a)(2)(B), and when the\n opposing party will be able to designate responsive experts and to provide their\n reports.\n\n Plaintiff will be able to designate experts and provide the reports required by Rule\n 26(a)(2)(B) by June 14, 2024.\n\n Defendant expects to be able to designate responsive experts and provide their reports by\n July 15, 2024.\n\n K. List expert depositions the plaintiff (or the party with the burden of proof on an issue)\n anticipates taking and their anticipated completion date, and whether they can be\n\n\n\nJOINT STATUS REPORT Page 5\n\f Case 3:23-cv-02243-E Document 9 Filed 12/26/23 Page 6 of 10 PageID 51\n\n\n\n done by remote means, such as by zoom. See Fed. R. Civ. P. 26(a)(2)(B) (enumerating\n rules on disclosure of expert testimony and the corresponding written report(s)).\n\n Plaintiff anticipates taking expert depositions within 30 days of receipt of Defendant\u2019s\n expert witness report(s). Plaintiff prefers in-person depositions but will consider utilizing\n remote means, if necessary.\n\n L. List expert depositions the opposing party anticipates taking and their anticipated\n completion date, and whether they can be done by remote means, such as by zoom.\n See Fed. R. Civ. P. 26(a)(2)(B) (expert report).\n\n Defendant anticipates taking expert depositions within 30 days of receipt of Plaintiff\u2019s\n expert witness report(s). Defendant prefers in-person depositions but will consider utilizing\n remote means, if necessary.\n\n M. In a case involving parties that are unincorporated entities, such as an LLC or LLP,\n state the citizenship of every member and file an affidavit or declaration setting out\n the citizenship of every member.\n\n Not applicable.\n\n N. What changes should be made in the limitations on discovery imposed under these\n rules or by local rule, and what other limitations should be imposed.\n\n None at this time.\n\n O. Proposed means for disclosure or discovery of electronically stored information\n (\u201cESI\u201d) and a statement of any disputes regarding the disclosure or discovery of ESI.\n\n The Parties are not currently aware of any disputes regarding ESI. The Parties intend to\n request information through traditional means of discovery, which may include requests\n for the production of ESI. The Parties agree that requested ESI material will initially be\n produced in PDF form. The Parties will then evaluate whether any of the items so produced\n should also be produced or examined in other formats.\n\n P. The depositions that need to be taken, and in what sequence.\n\n Plaintiff anticipates taking oral depositions of Defendant\u2019s corporate representative(s),\n other fact witnesses, and any medical experts designated by Defendant.\n\n Defendant expects to at least take the deposition of Plaintiff and any medical expert\n designated by Plaintiff. Defendant expects to take Plaintiff\u2019s deposition before other\n depositions.\n\n The Parties will work cooperatively in an effort to schedule depositions at a mutually-\n agreeable time and location.\n\n\n\nJOINT STATUS REPORT Page 6\n\f Case 3:23-cv-02243-E Document 9 Filed 12/26/23 Page 7 of 10 PageID 52\n\n\n\n\n Q. Any proposals regarding the handling and protection of privileged or trial-\n preparation material that should be reflected in a court order.\n\n The Parties anticipate that a protective order may be necessary in this case to protect\n confidential information, as contemplated under Rule 26(c) of the Federal Rules of Civil\n Procedure. The Parties will work together to draft the agreed protective order, which may\n contain clawback provisions that address the protection of privileged and otherwise\n protected documents.\n\n At this time the Parties do not anticipate issues with respect to the production of privileged\n documents or trial preparation materials. The Parties will comply with Rule 26(b)(5)(B) in\n the event either party inadvertently produces information subject to a claim of privilege or\n protection as trial-preparation material.\n\n14. If the parties are not agreed on a part of the discovery plan, describe the separate\nviews and proposals of each party.\n\n The Parties are in agreement with the discovery plan.\n\n15. Specify the discovery beyond initial disclosures that has been undertaken to date.\n\n None at this time.\n\n16. State the date the planned discovery can reasonably be completed.\n\n The Parties propose that all fact discovery be completed by August 26, 2024.\n\n17. Describe the possibilities for a prompt settlement or resolution of the case that were\ndiscussed in your Rule 26(f) meeting or have emerged since then.\n\n The Parties recognize the benefits of early resolution where possible and have agreed to\n discuss settlement prospects following exchange of initial written discovery.\n\n18. From the attorneys\u2019 discussion with the clients, state the alternative dispute resolution\ntechniques that are reasonably suitable and when they are likely to be effective in this case.\nInclude (i) whether the parties are considering mediation or arbitration to resolve this\nlitigation; (ii) a statement of when it would be most effective (e.g., before discovery, after\nlimited discovery, after motions are filed, etc.); and (iii) if mediation is proposed, the name\nof any mediator the parties jointly recommend to mediate the case.\n\n The Parties believe mediation is reasonably suitable to resolving this litigation. It is likely\n to be most effective after completion of initial written discovery and depositions of Plaintiff\n and Defendant\u2019s corporate representative.\n\n\n\n\nJOINT STATUS REPORT Page 7\n\f Case 3:23-cv-02243-E Document 9 Filed 12/26/23 Page 8 of 10 PageID 53\n\n\n\n The Parties jointly recommend Courtenay Bass with Gilbert Mediation Group to mediate\n the case.\n\n19. State whether the parties will consent to trial (jury or non-jury) before a U.S.\nMagistrate Judge;\n\n The Parties do not consent to a trial before a U.S. Magistrate Judge.\n\n20. State whether a jury demand has been made and if it was made on time.\n\n Plaintiff has made a timely jury demand.\n\n21. State a proposed trial date, estimated number of days required for trial and whether\njury has been demanded\u2014specify the number of hours it will likely take to present the\nevidence.\n\n The Parties propose a trial date of February 10, 2025. The Parties estimate three-to-five\n days will be required for trial. A jury has been demanded. The Parties are unable to\n accurately estimate the number of hours it will likely take to present the evidence, but guess\n approximately 10-20 hours.\n\n22. Objections to Fed. R. Civ. P. 26(a)(1) asserted at the Scheduling Conference, and\nother proposed modifications to the timing, form or requirement for disclosures under Rule\n26(a), including a statement as to when disclosures under Rule 26(a)(1) were made or will be\nmade.\n\n There are no objections at this time. The Parties will make the initial disclosures required\n by Rule 26(a) by January 19, 2024.\n\n23. List pending motions that may be ruled on at the initial pretrial and scheduling\nconference.\n\n At this time there are no pending motions that may be ruled on at the initial pretrial and\n scheduling conference.\n\n24. List other pending motions.\n\n At this time there are no other pending motions.\n\n25. List the names, bar numbers, addresses, telephone numbers, and emails of all counsel\nand unrepresented parties.\n\n For Plaintiff: Travis Gasper, Texas Bar No. 24096881, 1408 N. Riverfront Blvd., Ste. 323,\n Dallas, Texas 75207, 469.663.7736, travis@travisgasper.com.\n\n For Defendant: Jamie Ashton, Texas Bar No. 24087211, jamie.ashton@ogletree.com\n\n\n\nJOINT STATUS REPORT Page 8\n\f Case 3:23-cv-02243-E Document 9 Filed 12/26/23 Page 9 of 10 PageID 54\n\n\n\n Molly Ann Lawrence, Texas Bar No. 24083365, mollyann.lawrence@ogletree.com\n Ogletree, Deakins, Nash, Smoak & Stewart, P.C., 8117 Preston Rd., Ste. 500, Dallas, TX\n 75225, 214-987-3800\n\n26. List any other proposals regarding scheduling and discovery that the parties believe\nwill facilitate expeditious and orderly preparation for trial.\n\n None at this time.\n\n27. List whether a conference with the Court is desired.\n\n Not at this time.\n\n28. List any other matters relevant to the status and disposition of this case, including\nany other Orders that should be entered by the Court under Federal Rules of Civil Procedure\n16(b), 16(c) or 26(c).\n\n None at this time.\n\n29. A statement that counsel read (i) the Dondi opinion\u2014Dondi Properties Corp. v. Com.\nSav. & Loan Ass'n, 121 F.R.D. 284, 285 (N.D. Tex. 1988) (per curiam)\u2014 and(ii)the District\u2019s\nCivil Justice Expense and Delay Reduction Plan\n(http://www.txnd.uscourts.gov/sites/default/files/documents/cjedrp.pdf).\n\n Counsel for Plaintiff and Defendant have read the Dondi opinion and the District\u2019s Civil\n Justice Expense and Delay Reduction Plan.\n\n CRITICAL DEADLINES CHART\n Deadline for Joint Report naming mediator January 22, 2024\n Deadline for Completion of Mediation October 4, 2024\n Deadline for Motions for Leave to Join February 20, 2024\n Parties or Amend Pleadings\n Plaintiff\u2019s Expert Designation & Report June 14, 2024\n Defendant\u2019s Expert Designation & Report July 15, 2024\n Rebuttal Expert Designation 30 days after disclosure made by other party\n Deadline for Completion of Discovery August 26, 2024\n Deadline for Expert Objections August 19, 2024\n Deadline for Dispositive Motions October 25, 2024\n Deadline for Pretrial Disclosures and 30 days before trial; objections due 14 days\n Objections after\n Deadline for Pretrial Materials (pretrial order 14 days before trial\n etc.)\n Settlement Conference Ten days prior to the pretrial conference\n Exchange of Exhibits 5 business days prior to the pretrial\n conference\n Pretrial Conference Monday before trial\u2014at 10:00 a.m.\n\n\nJOINT STATUS REPORT Page 9\n\f Case 3:23-cv-02243-E Document 9 Filed 12/26/23 Page 10 of 10 PageID 55\n\n\n\n Trial Date February 10, 2025\n\n Respectfully submitted,\n\n GASPER LAW PLLC OGLETREE, DEAKINS, NASH, SMOAK\n & STEWART, P.C.\n /s/ Travis Gasper (with permission) /s/ Jamie Ashton\n Travis Gasper Jamie Ashton\n Texas Bar No. 24096881 Texas State Bar No. 24087211\n 1408 N. Riverfront Blvd., Suite 323 jamie.ashton@ogletree.com\n Dallas, Texas 75207 Molly Ann Lawrence\n Phone: (469) 663-7736 Texas State Bar No. 24083365\n Fax: (833) 957-2957 mollyann.lawrence@ogletree.com\n Email: travis@travisgasper.com 8117 Preston Road, Suite 500\n Dallas, TX 75225\n ATTORNEY FOR PLAINTIFF 214-692-0168 (Telephone)\n 214-987-3927 (Facsimile)\n\n ATTORNEYS FOR DEFENDANT\n\n\n\n\n CERTIFICATE OF SERVICE\n\n I hereby certify that on this 26th day of December, 2023, the foregoing was filed with the\nClerk of Court using the CM/ECF system, which will send notification of such filing to all\ncounsel of record.\n\n /s/ Jamie Ashton\n Jamie Ashton\n\n\n\n\nJOINT STATUS REPORT Page 10\n\f","ocr_status":2,"date_upload":"2023-12-26T09:40:31.237195-08:00","document_number":"9","attachment_number":null,"pacer_doc_id":"177016499934","is_available":true,"is_free_on_pacer":null,"is_sealed":false,"document_type":1,"description":"Status Report","acms_document_guid":""}],"date_created":"2023-12-26T09:40:30.911486-08:00","date_modified":"2023-12-26T09:40:30.914628-08:00","date_filed":"2023-12-26","time_filed":null,"entry_number":9,"recap_sequence_number":"2023-12-26.001","pacer_sequence_number":22,"description":"Joint STATUS REPORT filed by Childrens Health System of Texas. (Ashton, Jamie)","tags":[]}],"entries_total":"https://www.courtlistener.com/api/rest/v4/docket-entries/?count=on&docket=67869497&page_size=40"}