Reported / Citable
Background
Joe Biscaha filed this action individually and on behalf of others similarly situated against No Scrubs, Inc. The order does not describe the substantive claims or defenses.
District Judge Alan D. Albright referred the matter to Magistrate Judge Susan Hightower under the Western District of Texas’s local referral procedures.
The Court’s Holding
Magistrate Judge Hightower entered a docket control order requiring the parties to confer under Federal Rule of Civil Procedure 26(f) and, by July 31, 2026, file both a joint proposed scheduling and discovery plan and a completed version of the court’s standard scheduling order.
The order directs the parties to address claims and defenses, settlement and alternative dispute resolution, initial disclosures, follow-up discovery, and electronic discovery. It also instructs the parties to use ordinary federal and local motion practice for discovery disputes referred to the magistrate judge.
Key Takeaways
- The order makes no ruling on the merits of Biscaha’s claims or No Scrubs’ defenses.
- The parties must submit their proposed case schedule by July 31, 2026.
- The court emphasized meaningful Rule 26(f) discussions, non-boilerplate discovery objections, and proper deposition conduct.
Why It Matters
This is an early case-management order that starts formal discovery planning in a putative class action. It places particular emphasis on cooperative discovery planning and electronic-discovery issues before the court sets binding case deadlines.