Case 1:11-cv-01303-RMC-TBG-BAH Document 51

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

STATE OF TEXAS, Plaintiff, v.

UNITED STATES OF AMERICA and ERIC H. HOLDER, in his official capacity as Attorney General of the United States, et al. Defendants.

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Civil Action No. 11-1303 (RMC-TBGBAH)

SCHEDULING ORDER In light of the scheduling conference held telephonically and in open Court on September 21, 2011, it is hereby ORDERED that: 1. The parties will meet and confer and submit to this Court no later than 5 p.m. on Friday, September 23, 2011 a list of districts in the State of Texas that are the subject of dispute with respect to the Plaintiff State of Texass proposed electoral redistricting plans for the Texas House of Representatives, Texas Senate, and the United States House of Representatives. This list will state, to the extent possible, the nature of Defendants objections to the redistricting plans for each district identified. 2. Plaintiffs designation of experts pursuant to Fed. R. Civ. P. 26(a)(2) shall be made no later than October 3, 2011. Defendants designation of experts shall be made no later than October 8, 2011.

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3.

The Defendants are limited to a maximum of fifteen fact depositions with respect to the redistricting plans for the Texas House of Representatives and the United States House of Representatives. The Defendants are limited to a maximum of ten fact depositions with respect to the redistricting plan for the Texas Senate.

4. 5.

All discovery shall be completed no later than October 25, 2011. Defendants oppositions to the Plaintiffs Motion for Summary Judgment shall be filed no later than October 25, 2011; replies shall be filed no later than October 31, 2011.1 A motion for extension of time to file a motion, opposition, or reply will be denied except upon a showing of extraordinary cause. The page limitations for briefs referenced in LCvR 7(e) are to be strictly followed by the parties. Defendant-Intervenors shall not file separate briefs that merely echo arguments made by others.

6. 7.

Discovery material shall not be filed with the Court unless so ordered. See LCvR 5.2(a). Counsel are expected to conduct themselves in a civil, polite, and professional manner at all times, particularly during discovery. Counsel are referred to LCvR 26.2 and expected to conform fully with its directives. Moreover, counsel are required, under both Fed. R. Civ. P. 26(f) and LCvR 7.1(m), to confer in good faith in an effort to resolve any discovery dispute before bringing it to the Courts attention. In the event that counsel are unable to resolve a dispute, counsel shall contact chambers to arrange for a telephone conference with the Court. The Defendant-Intervenors shall designate one party to act as their administrative representative for the purposes of scheduling and non-merits issues, including discovery disputes, and shall provide notice to the Court of the identity of that attorney no later than
1

Parties should note that the Panel has moved this date one day forward. 2

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5 p.m. on Friday, September 23, 2011. Counsel shall not file discovery motions without a prior telephone conference with the Court and opposing counsel. 8. This schedule shall not be modified, even where all parties consent, except upon a showing of good cause and by leave of the Court. See Fed. R. Civ. P. 16(b); LCvR 16.4. SO ORDERED.

Date: September 22, 2011

/s/ THOMAS B. GRIFFITH United States Circuit Judge

/s/ ROSEMARY M. COLLYER United States District Judge

/s/ BERYL A. HOWELL United States District Judge