Judge Ada Brown
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Communication
Phone
Phone
Phone
Chambers
Page & Word Limits3 rules
Limit any motion, response, brief, or memorandum to 6,250 words; limit any reply to 2,500 words.
- Brief
- Up to 6,250 words
- Reply brief
- Up to 2,500 words
Word limits shall not include the case caption, table of contents, table of authorities, signature block, and certificates. However, word counts shall include footnotes.
Excluded from the limit
- •Caption
- •Table of contents
- •Table of authorities
- •Signature block
- •Certificates
Summary judgment principal briefs limited to 12,500 words; replies to 6,250 words.
- Brief
- Up to 12,500 words
- Reply brief
- Up to 6,250 words
- Format
- 14-point
Court's wording
Limit any summary judgment principal brief to 12,500 words; limit any reply to 6,250 words. See N.D. Tex. Civ. R. 56.5(b). Use 14-point font in the body of the briefing and 11-point font for footnotes. Do not file a sur-reply absent alternate permission from the Court.
Document Format Requirements4 rules
Use 14-point font in the body of the briefing and 11-point font for footnotes.
- Font size
- 14 points
Regarding appendices, the Court strongly prefers Parties adhere to the following practices: • Submit your Appendix in PDF format with Appendix page numbers stamped on every page. Include the Appendix page number span in the name of the PDF (for example, “Appendix 1 - App. 1 to 100.pdf” or “Exhibit B – Doe Declaration - App. 45 to 200.pdf”). • Provide a table of contents with each Appendix, which enumerates each document in the Appendix along with the corresponding Appendix page number(s). • Bookmark each document in the Appendix within the PDF. • Combine Appendix documents into a single attachment to file as few separate PDF attachments as possible. If more than one PDF must be filed,
- Preferred format
Formatting
- •Appendix page numbers stamped
- •Table of contents required
- •Bookmarks required
- •Combine into single file
Limit footnotes to only explanatory statements and dicta. Do not use footnotes for necessary citations to law or the record. Use only in-line citations for necessary citations to law or the record.
Document Filing Requirements13 rules
All CM/ECF filings must comply with Fed. R. Civ. P. 5.2 and Fed. R. Crim. P. 49.1 regarding private/case sensitive information.
Court's wording
Electronic Filing and Service - Counsel must ensure that all pleadings filed via the CM/ECF system strictly comply with Fed. R. Civ. P. 5.2 and Fed. R. Crim. P. 49.1. These rules regulate the transmission of private and case sensitive information through the CM/ECF system.
The parties must discuss at the Rule 26(f) meeting, and include in the Joint Status Report filed with the court, the matters listed in Rule 26(f) that apply to the case.
Scheduling order deadlines cannot be modified without leave of court; extension requests must be filed as motions.
Court's wording
The Judge’s scheduling order imposes deadlines on the parties. The scheduling order cannot be modified by the parties without leave of court. The parties must file requests for extensions of time as motions, rather than as stipulations.
Certificate of conference required with Rule 12(b) motions.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
When a party files a Motion to Dismiss under Federal Rule 12(b), a Certificate of Conference shall accompany the Motion expressly stating the movant complied with this Standing Order by informing the Plaintiff of the basis of any anticipated motion, the date of this notice, and noting the non-movant did not timely amend its pleading or the amended pleading is still deficient.
Proposed orders must be emailed in Word format to specific address with case number and motion document number in subject line.
Court's wording
A proposed order must be submitted via e-mail in a Word compatible format as instructed in the CM/ECF system’s "Proposed Orders" event. The proposed orders must be e-mailed to: brown_orders@txnd.uscourts.gov and must include the case number and the document number of the referenced motion in the subject line. Copy opposing counsel on the email when submitting the proposed order.
PROVIDE A CERTIFICATE OF WORD COUNT FOLLOWING THE SIGNATURE BLOCK. Reliance on word-processor register is sufficient in this regard.
- Document
- Brief
- Placement
- Signature block
Include
- •Certificate of word count
All legal positions and statements contained in the body of any motion, response, or reply must contain specific cites to the law in the body of the document. The Court prefers case law citations to Westlaw.
Documents over 10 pages of argument require TOC, TOA, statement of proceeding, issues/standard of review, summary, informative headings, and conclusion.
Must include
- •Table of contents
Court's wording
Any motion, response, reply, brief, or memorandum that has more than ten (10) pages of argument must contain all of the following: 1. A table of contents setting forth the page number of each section, including all headings designated in the body of the brief or memorandum; 2. A table of citations of cases, statutes, rules, textbooks, and other authorities, alphabetically arranged; 3. A short statement of the nature and stage of the proceeding; 4. A statement of the issues to be ruled on by the court and a short statement, supported by authority, of the standard of review for each issue; 5. A short summary of the argument; 6. Informative headings identifying separate sections of the argument; and 7. A short conclusion stating the precise relief sought.
Do not file a sur-reply absent alternate permission from the Court.
Pinpoint citations required for all legal authority and evidence with specific formats.
Court's wording
Provide pinpoint citation for all legal authority. Do the same for evidence. For instance, cite to page and line for depositions, to page and paragraph number for affidavits and pleadings, and to page and section number for contracts and similar materials. Use Bates number as the page reference where available.
Certificate of word count required after signature block; footnotes included in count.
- Document
- Brief
- Placement
- Certificate section
Must include
- •Word count
- •Certificate of word count
Court's wording
PROVIDE A CERTIFICATE OF WORD COUNT FOLLOWING THE SIGNATURE BLOCK. Reliance on word-processor register is sufficient in this regard. Word limits shall not include the case caption, table of contents, table of authorities, signature block, and certificates. However, word counts shall include footnotes.
All motions, responses, and replies must cite specific record evidence in the body.
Court's wording
All positions and statements contained in the body of any motion, response, or reply must contain specific cites to the record supporting the party’s statement in the body of the document. The Court will not search the record for evidence and may not consider any evidence that is not specifically cited in the parties’ briefs.
Criminal Sentencing Proceedings - For sentencing hearings-only 10 family members and/or friends will be allowed in the courtroom.
Filing & Service rules
Courtesy Copy Requirements
The Court does not require courtesy copies of documents, unless specifically requested in other orders or specifically requested by the Court. Should the Court require copies, the Court’s copies are to be delivered to the Clerk’s office at 1100 Commerce Street, Room 1452, Dallas, TX 75242. The Clerk’s office is located on the 14th floor of the Earle Cabell Federal Building. Their phone number is (214) 753-2200.
The Court does not require courtesy copies of documents, unless specifically requested in other orders or specifically requested by the Court. Should the Court require copies, the Court’s copies are to be delivered to the Clerk’s office at 1100 Commerce Street, Room 1452, Dallas, TX 75242. The Clerk’s office is located on the 14th floor of the Earle Cabell Federal Building. Their phone number is (214) 753-2200.
Page 11 | K. Judge's Copies
Sealing & Redaction Procedures
Parties must file motion for leave to seal with specific identification and detailed analysis
a Party seeking to file a specific document under seal must move for leave to do so and must: a. identify precisely what information (pages, lines, etc.) the Party wants sealed; b. conduct a line-by-line, page-by-page analysis explaining and briefing why
Civil cases
Page 5 | ORDER
Trade secrets and confidential informant identities are valid reasons to seal documents.
The panel acknowledged that, “even under the stricter balancing standard, litigants sometimes have good reasons to file documents (or portions of them) under seal, such as protecting trade secrets or the identities of confidential informants.” Id. at 419.
Civil cases
Page 1 | STANDING ORDER ON FILING MATERIALS UNDER SEAL
Two standards for sealing: good cause for discovery materials, stricter balancing test for judicial records.
The Fifth Circuit explained that “courts should be ungenerous with their discretion to seal judicial records, which plays out in two legal standards.... The first standard, requiring only good cause, applies to protective orders sealing documents produced in discovery. The second standard, a stricter balancing test, applies [o]nce a document is filed on the public record – when a document becomes a judicial record.” Id. at 419 (cleaned up) (emphasis added); see also id. (noting that, “at the adjudicative stage, when materials enter the court record, the standard for shielding records from public view is far more arduous” (emphasis removed)).
Civil cases
Page 1 | STANDING ORDER ON FILING MATERIALS UNDER SEAL
The United States Court of Appeals for the Fifth Circuit recently warned that – where, “increasingly, courts are sealing documents in run-of-the-mill cases where the parties simply prefer to keep things under wraps” – “the working presumption is that judicial records should not be sealed.” Le v. Exeter Fin. Corp., 990 F.3d 410, 417, 419 (5th Cir. 2021) (emphasis added).
The United States Court of Appeals for the Fifth Circuit recently warned that – where, “increasingly, courts are sealing documents in run-of-the-mill cases where the parties simply prefer to keep things under wraps” – “the working presumption is that judicial records should not be sealed.” Le v. Exeter Fin. Corp., 990 F.3d 410, 417, 419 (5th Cir. 2021) (emphasis added).
Civil cases
Page 1 | STANDING ORDER ON FILING MATERIALS UNDER SEAL
Pre-Motion Conference Requirements
Rule 26(f) conference required in person for represented parties; not required for pro se/prisoner cases.
Rule 26(f) Scheduling Conference - The Court requires the parties to comply, in person, with the conference requirements of Rule 26(f) of the Federal Rules of Civil Procedure. The Court does not require a face-to-face meeting in cases involving pro se or prisoner litigants.
Page 3 | D. Rule 26(f) Scheduling Conference
The Court expects the parties to have meaningfully met and conferred about evidence and exhibits BEFORE the pretrial conference. At the pretrial conference, the Court will consider only the unresolved objections to exhibits and evidence.
The Court expects the parties to have meaningfully met and conferred about evidence and exhibits BEFORE the pretrial conference. At the pretrial conference, the Court will consider only the unresolved objections to exhibits and evidence.
Page 3 | B. Preliminary Pretrial Conference
Rule 12(b)(6) motion permitted if complaint not amended by deadline.
If the Complaint is not so amended by the established deadline, the Defendant may file a Federal Rule 12(b)(6) Motion to Dismiss. If the Defendant believes any Amended Complaint is still deficient, the Defendant shall file the Motion within the time prescribed by Federal Rule 12(a).
Page 17 | C. Motions to Dismiss
Pre-motion conference required before filing Rule 12(b)(6) motions.
To advance the case efficiently and minimize the cost of litigation, the Court will provide parties an opportunity to amend their pleadings once before considering a Federal Rule 12(b)(6) Motion to Dismiss. The following procedure must be followed before any party files a Motion to Dismiss under Federal Rule 12(b)(6):
Page 17 | C. Motions to Dismiss
Advisory of intent to amend required within 7 days; amended complaint due 7 days after advisory.
Following this notification conference, if the Plaintiff intends to amend the pleading, the Plaintiff shall file an Advisory of such intent with the Court within seven (7) days of receipt of the notification letter. The Amended Complaint must be filed within seven (7) days of the filing date of the Advisory.
Page 17 | C. Motions to Dismiss
Written notice of deficiencies required before Rule 12(b)(6) motions.
Counsel shall confer with opposing counsel and provide written notice prior to filing a Federal Rule 12(b)(6) Motion to Dismiss: • To facilitate the efficient progression of litigation, a party or counsel who anticipates filing a Motion to Dismiss under Federal Rule 12(b)(6) must first confer with opposing counsel concerning the proposed deficiencies and the expected basis of the Motion. This conference shall include written (email or certified mail) notification of the Plaintiff’s right to amend the pleading under these procedures, specifying the proposed deficiencies and the deadlines below.
Page 17 | C. Motions to Dismiss
Rule 12(b) motions without certificate of conference will be stricken.
The Court will strike any Federal Rule 12(b) Motion to Dismiss if it does not contain the required Certificate of Conference, which
Page 17 | C. Motions to Dismiss
Preliminary Pretrial Conference ("Rule 16 Conference") - Unless a Rule 16 (a) scheduling conference is set by the Court, Judge Brown will enter a scheduling order after reviewing the Joint Status Report from the parties as required by the order requiring attorney conference and Joint Status Report.
Preliminary Pretrial Conference ("Rule 16 Conference") - Unless a Rule 16 (a) scheduling conference is set by the Court, Judge Brown will enter a scheduling order after reviewing the Joint Status Report from the parties as required by the order requiring attorney conference and Joint Status Report.
Page 3 | B. Preliminary Pretrial Conference
Adjournment & Extension Requirements
Non-evidentiary hearings limited to 45 minutes per side; evidentiary hearings to 75 minutes per side.
Should the Court permit a hearing on a motion: (i) for a non-evidentiary hearing, the Court permits a maximum of 45 minutes for each side (not each party); (ii) for an evidentiary hearing, the Court permits a maximum of 75 minutes for each side (not each party).
Page 19 | Hearings on Motions
Extension/continuance requests must be submitted by written motion after conference with opposing counsel.
All requests for extensions of time and continuances must be submitted by written motion to the Court after a conference with opposing counsel. Please do not call the Court to ask for an extension or continuance. The parties must file requests for extensions of time as motions, rather than as stipulations.
Federal Rule 12(a) time limits for answers and motions remain in effect.
Federal Rule 12(a) prescribes time limits for the filing of an Answer and for the filing of motions under Federal Rule 12. The requirements of this Standing Order should not preclude or interfere with these time limits.
Page 19 | Rule 12(a)
Chambers Communication Rules
Hearing/conference requests must be preceded by consultation with opposing counsel and include notice if no agreement was reached.
Judge Brown will consider written requests for hearings or conferences with the Court provided they are made after conferencing with opposing counsel to attempt to reach agreement as to proposed hearing dates and times. If agreement has not been reached, the party seeking the hearing or conference should so notify the Court in their written request and copy opposing counsel with the request.
Page 11 | J. Requests for Hearings or Conferences
Do not call to inquire about pending motion status.
Please do not call to inquire about the status of a pending motion.
Motion and case status inquiries must be in writing
D. Inquiries about motions and the case status should be in writing.
Do not contact Judge Brown or her law clerks
C. Do not make any inquiries to Judge Brown or her law clerks.
Contact Cynthia Thornton for civil case management inquiries
A. For civil case management, telephone or e-mail inquiries should be made to Cynthia Thornton, 214-753-2343, cynthia_thornton@txnd.uscourts.gov.
Notify court by letter/email of serious settlement discussions; court will postpone pending motions.
Notify the Court by letter or email whenever serious settlement discussions are underway. The Court will postpone consideration of pending motions until advised of success or impasse.
If you have a bonafide emergency situation of which the Court should be aware, please make a good faith attempt to include opposing counsel on the call. Leave a message explaining the situation. Leave your name and the name of the party you are represent along with the case number, and the Court will respond to your emergency as soon as possible.
If you have a bonafide emergency situation of which the Court should be aware, please make a good faith attempt to include opposing counsel on the call. Leave a message explaining the situation. Leave your name and the name of the party you are represent along with the case number, and the Court will respond to your emergency as soon as possible.
Contact Lisa Matz for criminal case management inquiries
B. For criminal case management, telephone or e-mail inquires should be made to Lisa Matz, 214-753-2683, lisa_matz@txnd.uscourts.gov.