IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION FUNDSXPRESS FINANCIAL NETWORK, INC. PLAINTIFF, V. DIGITAL INSIGHT CORPORATION, RONALD GOFFMAN and ERIC EDWARDS DEFENDANTS. SCHEDULING ORDER Pursuant to Federal Rule of Civil Procedure 16, the Court issues the following scheduling order: 1. A report on alternative dispute resolution in compliance with Local Rule CV-88 shall be filed by January 31, 2003. 2. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties by January 7, 2003, and each opposing party shall respond, in writing, by January 21, 2003. All offers of settlement are to be private, not filed, and the Court is not to be advised of the same. The parties are ORDERED to retain the written offers of settlement and responses as the Court will use these is assessing attorney's fees and court costs at the conclusion of trial. 3. The parties shall file all amended or supplemental pleadings and shall join additional parties by January 7, 2003. 4. All parties asserting claims for relief shall file their designation of testifying experts, and their proposed exhibits, and shall serve on all parties, but not file, the materials required under FED. R. Civ. P. 26(a)(2)(B) by June 6, 2003. Parties resisting claims for relief shall file their designation of testifying experts, and their proposed exhibits, and shall serve on all parties, but not file, the materials required by FED. R. Civ. P. 26(a)(2)(B) by July 3, 2003. All designations of rebuttal experts shall be filed within fifteen (15) days of receipt of the opposing expert. 5. An objection to the reliability of an expert's proposed testimony under Federal Rule of Evidence 702 shall be made by motion, specifically stating the basis for the objection and identifying the objectionable testimony, within eleven (11) days of receipt of the written report of the expert's proposed testimony or within eleven (11) days of the expert's deposition, if a deposition is taken, whichever is later. 6. The parties shall complete all discovery on or before August 15, 2003. Counsel may by agreement continue discovery beyond the deadline, but there will be no intervention by the Court except in extraordinary circumstances, and no trial setting will be vacated because of information obtained in post-deadline discovery. 7. All dispositive motions shall be filed no later than September 19, 2003 and shall be limited to ten (10) pages. Responses shall be filed within eleven (11) days of the service of the motion and shall be limited to ten (10) pages. Any replies shall be filed within eleven (11) days of the service of the response and shall be limited to five (5) pages, but the Court need not wait for the reply before ruling on the motion. 8. All parties asserting claims for relief shall file their designation of potential witnesses and proposed exhibits by October 17, 2003. Parties resisting claims for relief shall file their designation of potential witnesses and proposed exhibits by October 24, 2003. 9. This case is set for docket call on 11/21/03, at 11:00 a.m. and trial in the month of December. The parties should consult Local Rule CV-16(e) regarding matters to be filed in advance of trial. SIGNED this the 21st of May 2002. UNITED STATES DISTRICT JUDGE APPROVED: WINSTEAD SECHREST & MINICK P.C. 100 Congress Avenue Suite 800 Austin, Texas 78701 (512) 370-2885 telephone (512) 370-2850 fax By: Peter A. Nolan SBN 15062600 ATTORNEYS FOR PLAINTIFF CLARK, THOMAS & WINTERS 300 West 6th Street, 15th Floor P. O. Box 1148 Austin, TX 78767-1148 (512) 472-8800 (512) 474-1129 (fax) By: Barry Bishop SBN 02346000 ATTORNEYS FOR DEFENDANTS, DIGITAL INSIGHT CORPORATION AND ERIC EDWARDS