The parties in LCMS v. CTX, Christian, & Bannwolf[1] have agreed to scheduling of a jury trial of the case and a series of pre-trial procedures.
For background on the case for those new to the topic, see:
- Complaint Filed in LCMS v. Christian, Bannwolf & Concordia University Texas, Brothers of Johnn the Steadfast, September 7, 2023.
- Concordia University Texas Seeks to Avoid Federal Jurisdiction, Brothers of John the Steadfast, January 22, 2024.
- Concordia University Texas Appeals to Caesar to Seize Property and Power, Brothers of John the Steadfast, January 25, 2024
- LCMS Persists in Asserting Federal Jurisdiction of Concordia University Texas Case, Brothers of John the Steadfast, March 4, 2024.
The case is set for jury trial commencing on September 8, 2025.
Procedures leading from here to the trial include:
- By August 26, 2024, a report on alternative dispute resolution.
- By September 27, 2024, any motions to amend or supplement pleadings or to join additional parties.
- By November 4, 2024, designation of testifying expert witness and discovery relating to experts for parties asserting a claim for relief [which all parties in this case do].
- By December 4, 2024, designation of testifying expert witness and discovery relating to experts for parties resisting any claim for relief [which all parties in this case do].
- By April 1, 2025, written offers of settlement submitted to opposing parties.
- By May 1, 2025, written responses to offers of settlement.
- Each party shall file designations of rebuttal experts and discovery relating to those experts within 15 days of receipt of the report of the opposing experts.
- Motions objecting to the reliability of an expert’s proposed testimony shall be made with 11 days from receipt of the written report of the expert’s proposed testimony, or within 11 days from the completion of the expert’s deposition, if a deposition is taken, whichever is later.
- By April 1, 2025, complete discovery. (Discovery is a collection of processes to exchange information about the case prior to trial).
- By May 1, 2025, dispositive motions. (There can be many motions in a case. Many of them would not dispose of the case. For example, a motion to compel discovery. But some motions would dispose of, or partially dispose of, the case. These include a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment (summary meaning without trial), and a motion for partial summary judgment.
The item about joining additional parties is significant in this case. The original complaint, besides naming Donald Christian, Christopher Bannwolf, and Concordia University Texas, Inc as defendants, also mentions John Does 1 through 12. That designates up to 12 additional parties whose identity would be specified later. Paragraph 5 of the original complaint says:
John Does 1-12 are unknown individuals who serve as regents on the CTX Board of Regents and unlawfully voted to amend the CTX charter, bylaws, and policy manual. Through the discovery process, they will be identified, named, and served as defendants in this lawsuit.
[1] The Lutheran Church—Missouri Synod v. Donald Christian, Christian Bannwolf,
and Concordia University Texas, Inc., United States District Court for the Western District of Texas, Austin Division, Case No. 1:23-cv-1042.