Reported / Citable
Background
Nicole D. Town filed this action against iEnergizer Holdings Limited in the Western District of Texas. District Judge Alan D Albright referred the case to Magistrate Judge Susan Hightower under the court’s local rules.
The July 30 order is a docket-control order governing early case management rather than a decision on the merits. It addresses the parties’ Rule 26(f) conference, initial disclosures, discovery planning, electronic discovery, alternative dispute resolution, and the procedure for presenting discovery disputes.
The Court’s Holding
The court ordered the parties to confer under Federal Rule of Civil Procedure 26(f) and, by August 27, 2026, file both a joint proposed scheduling and discovery plan and a completed version of the court’s standard scheduling order. The conference must include a substantive, good-faith discussion of the parties’ claims and defenses, possible settlement or early resolution, required disclosures, and the scope and sequencing of discovery.
The parties must address electronic sources, retrieval burdens, preservation, production formats and metadata, costs, and privilege or waiver issues. Although Judge Albright typically handles discovery disputes through email practice, Magistrate Judge Hightower directed the parties to use ordinary motion practice under the Federal Rules of Civil Procedure and the local rules for disputes referred to her.
The court also prohibited boilerplate discovery objections and improper speaking objections during depositions. Counsel generally may not confer with a witness while a question is pending, except to evaluate privilege issues; counsel may confer with witnesses during breaks without waiving any otherwise applicable privilege.
Key Takeaways
- The parties must submit their joint discovery plan and proposed scheduling order by August 27, 2026.
- The Rule 26(f) conference must meaningfully address claims, defenses, settlement or ADR, disclosures, discovery sequencing, and electronic discovery.
- Discovery disputes before Magistrate Judge Hightower must be raised through regular motion practice, and deposition conferences while a question is pending are barred except when needed to evaluate privilege.
Why It Matters
The order establishes the procedures counsel must follow as the case enters discovery. Its detailed requirements make clear that the parties must investigate their clients’ electronic systems and preservation practices before the Rule 26(f) conference and must engage in concrete, cooperative planning rather than rely on generic proposals or objections.
The order also identifies courtroom practices that can affect discovery conduct, particularly the requirement to brief disputes formally and the limits on speaking objections and witness conferences during depositions, while preserving the express exception for evaluating privilege.