Reported / Citable
Background
Reynaldo Hernandez sued the City of Austin, and the City removed the case to the U.S. District Court for the Western District of Texas on May 23, 2024.
Under Western District of Texas Local Rule CV-16(c), the parties were required to submit a proposed scheduling order no later than 60 days after any defendant appeared. The parties had not done so by the time the court issued this order.
The Court’s Holding
The court ordered the parties to consult the Western District of Texas website and use District Judge Robert Pitman’s form for their scheduling proposal.
The parties were directed to submit a joint proposed scheduling order on or before August 12, 2024. The one-page order did not resolve any claim or address the merits of the lawsuit.
Key Takeaways
- Western District of Texas Local Rule CV-16(c) requires a proposed scheduling order within 60 days after a defendant’s appearance.
- The parties’ failure to submit the required proposal prompted a court order compelling compliance.
- The joint proposal had to use District Judge Robert Pitman’s form and be filed by August 12, 2024.
Why It Matters
The order underscores that removal to federal court brings immediate procedural obligations under the district’s local rules. Missing a scheduling-order deadline can result in direct judicial intervention even before the court considers the merits.