**U.S. District Judge Fred Biery** was appointed to the Western District of Texas by President William Clinton in 1994. Judge Biery served as Chief Judge of the Western District of Texas beginning June 1, 2010. Prior to his federal appointment, he served as a Justice on the Texas Fourth Court of Appeals (1989–1994) and as a judge of the 150th District Court (1983–1988) and County Court at Law Two (1979–1982). He began his legal career in private practice at Biery, Biery, Davis and Myers and served in the U.S. Army Reserve. **Education** - Southern Methodist University School of Law, J.D., 1973 (Hatton W. Sumners Scholar, Order of the Coif) - Texas Lutheran University, B.A., 1970 **Career** - Chief Judge, U.S. District Court, Western District of Texas (2010–present) - U.S. District Judge, Western District of Texas (1994–present) - Justice, Texas Fourth Court of Appeals (1989–1994) - Judge, 150th District Court (1983–1988) - Judge, County Court at Law Two (1979–1982) - Private practice, Biery, Biery, Davis and Myers (1973–1978) - U.S. Army Reserve (1970–1976)
**Courthouse:** 262 West Nueva Street, San Antonio, TX 78207 **Chambers Staff** - Courtroom Deputy: Ms. Jaemie Herndon, (210) 244-5005 - Court Reporter: Mr. Chris Poage, (210) 244-5036
Judge Fred Biery's rules set a pre-motion procedure for rule 56. Summary judgment motions are disfavored in cases without jury trial rights and should be limited to purely legal issues.
Judge Fred Biery's rules include formatting requirements. Case citations must use Westlaw format, not Lexis.
The rule requires certificate of conference. Motion to Dismiss must include Certificate of Conference or will be struck.
The rule requires certificate of conference. Non-dispositive motions must include Certificate of Conference or will be struck.
A motion to seal is required for covered sealed filings before Judge Fred Biery. Process: file redacted on ecf. Sealing discouraged; redaction preferred; leave of court required for sealed filings.
Motion to Dismiss must include Certificate of Conference or will be struck.
Non-dispositive motions must include Certificate of Conference or will be struck.
Sealing discouraged; redaction preferred; leave of court required for sealed filings.
All motion facts must be in numbered paragraphs with specific record citations.
Case citations must use Westlaw format, not Lexis.
Motion must include argument and citations; separate memorandum not allowed.
Summary judgment motions are disfavored in cases without jury trial rights and should be limited to purely legal issues.
Complete diversity required for federal jurisdiction in diversity cases; removing party must demonstrate it.
For individuals, notice of removal must plead citizenship, not just residence.
For LLCs and partnerships, citizenship must be traced through all members/partners to establish diversity jurisdiction.
If LLC/partnership members are unknown after diligent investigation, citizenship may be alleged on information and belief.
Corporations are citizens of their state(s) of incorporation and principal place of business (nerve center test).
Removing party must supplement record with all state court pleadings, filings, and docket sheet.
Failure to properly plead citizenship of all parties may result in remand without further notice.
Motions filed in state court before removal must be re-filed in federal court.
Pretrial objections to exhibits required; failure to raise at Pretrial Conference may waive objections at trial.