Reported / Citable
Background
Plaintiffs filed their original petition in Texas state court on February 27, 2026. Defendant Zachary James Mutsch removed the case to the U.S. District Court for the Western District of Texas on April 17, 2026. The court’s local rules require parties to submit a proposed scheduling order no later than 60 days after any defendant appears in the case.
The parties failed to comply with this procedural requirement. By the time the scheduling order was due, the parties had not submitted the required joint proposal to the court, violating Local Rule CV-16(c).
The Court’s Holding
Magistrate Judge Susan Hightower issued an order requiring the parties to cure their noncompliance. The parties must submit a joint proposed scheduling order on or before July 15, 2026.
The court directed the parties to consult the court’s website (www.txwd.uscourts.gov), access the “Judges’ Info” tab, then “Standing Orders,” then “Austin Division,” and use District Judge Robert Pitman’s form to prepare their proposed scheduling order. This procedural requirement ensures uniformity and compliance with the judge’s case management practices.
Key Takeaways
- Parties must submit a joint proposed scheduling order by July 15, 2026
- The order must use District Judge Pitman’s mandatory form available on the court’s website
- Failure to comply with local rule deadlines triggers judicial intervention
- Parties should consult local rules and standing orders before missing procedural deadlines
Why It Matters
This order underscores the strict application of local rules in federal court. Scheduling orders are critical to case management—they establish deadlines for discovery, expert disclosures, pretrial conferences, and trial. When parties neglect these procedural requirements, judges will compel compliance.
For practitioners in the Western District of Texas, this serves as a practical reminder: consult local rules and standing orders early, track the 60-day deadline for submitting scheduling orders, and communicate with opposing counsel to ensure joint compliance. Magistrate judges actively enforce procedural rules to maintain docket efficiency.