Vernon's Texas Rules Annotated - VTRA TX R WEBB CTY Appendix B. Complex Case Designation Order (LR 3.33)

1. All parties shall appear for a conference with the undersigned on the ___ day of __________ 20 ___, at ___ a.m./p.m. at the __________ [court's court].

2. The conference will be held for the purposes of determining the (a) nature of the case; (b) whether the litigation should be handled in phases; (c) to determine if dispositive matters are present that can be resolved before litigating the merits of the case; (d) to discuss the entry of a scheduling order; and/or (e) set forth a schedule for compliance with Local Rule 3.36's Certificate of Progress. Counsel are encouraged to confer on proposed deadlines and discovery limitations set forth in Appendix ___ [the scheduling order].

3. Counsel are expected to be prepared at the conference to suggest procedures that will facilitate the just, speedy, and inexpensive resolution of this litigation.

4. Three days before the conference, counsel will submit to the court a brief written statement indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues. These statements will not be filed with the clerk, will not be binding, will not waive claims or defenses, and may not be offered into evidence against a party in this proceeding or in any later proceedings.

5. To assist the court in identifying any problems of recusal or disqualification, counsel will submit to the court by [DATE], a list of all companies affiliated with the parties and all counsel associated in the litigation.

6. Pending the conference, all outstanding discovery proceedings are stayed and no further discovery shall be initiated. This order does not (1) preclude voluntary informal discovery regarding the identification and location of relevant documents and witnesses; (2) preclude the parties from stipulating to the conduct of a deposition that has already been scheduled; (3) prevent a party from voluntarily making disclosures, responding to an outstanding discovery request; or (4) authorize a party to suspend its efforts in gathering information needed to respond to a request for production or disclosure. Relief for this stay may be granted for good cause shown, such as the ill health of a proposed deponent.

7. No motion shall be filed prior to the conference without leave of court and unless it includes a certificate that the Movant has conferred with opposing counsel in a good-faith effort to resolve the matter without court action.

Signed this ___ day of __________, 20 ___.

PRESIDING JUDGE