Western District of Texas Pre-Motion Conference Requirements

Before filing a motion to compel discovery, lead counsel must meet and confer in good faith and the party must contact the Court’s law clerk with both sides’ positions.

A party may not file a Motion to Compel discovery unless: (1) lead counsel with decision making authority have met and conferred in good faith to try to resolve the dispute, and (2) the party has contacted the Court’s law clerk to summarize the dispute and the parties’ respective positions.

The responding party must submit its email response within 3 business days.

The responding party has 3 business days 6 thereafter to provide an email response, also not to exceed 500 words for one issue or a combined 1,000 words for multiple issues.

Transfer motions have fixed filing and briefing deadlines, and late filing requires good cause plus leave of court.

A motion to transfer anywhere shall be filed within 3 weeks after the CMC or within 8 weeks of receiving or waiving service of the complaint, whichever is later. Thereafter, a movant must show good cause for any delay and seek leave of court. The deadline for plaintiff’s response is 2 weeks after the completion of venue or jurisdictional discovery. The deadline for Defendant’s reply is 2 weeks after the filing of the response.

Before an early motion to dismiss indirect or willful infringement claims, the movant must first meet and confer with the opposing party.

Any party seeking to dismiss claims of indirect or willful infringement before fact discovery must first meet and confer with the opposing party to discuss dismissing those allegations without prejudice, with leave to re-plead those allegations with specificity if supported by a good faith basis under Rule 11.

Motion to compel requires meet and confer plus contact with law clerk

A party may not file a Motion to Compel discovery unless: (1) lead counsel with decision making authority have met and conferred in good faith to try to resolve the dispute, and (2) the party has contacted the Court’s law clerk to summarize the dispute and the parties’ respective positions.

Meet and confer required before dismissing indirect/willful infringement claims.

Any party seeking to dismiss claims of indirect or willful infringement before fact discovery must first meet and confer with the opposing party to discuss dismissing those allegations without prejudice, with leave to re-plead those allegations with specificity if supported by a good faith basis under Rule 11.

Required

Always

First meet and confer required 26 weeks after Markman hearing to narrow claims and prior art.

26 weeks after Markman hearing Deadline for the first of two meet and confers to discuss significantly narrowing the number of claims asserted and prior art references at issue. Unless the parties agree to the narrowing, they are ordered to contact the Court’s law clerk to arrange a teleconference with the Court to resolve the disputed issues.

Required

Always

Second meet and confer required 39 weeks after Markman hearing to narrow claims to triable limits.

39 weeks after Markman hearing Deadline for the second of two meet and confers to discuss narrowing the number of claims asserted and prior art references at issue to triable limits. If it helps the parties determine these limits, the parties are encouraged to contact

Required

Always

Dispositive and Daubert motions due 40 weeks after Markman hearing.

40 weeks after Markman hearing Dispositive motion deadline and Daubert motion deadline. See General Issues Note #9 regarding providing copies of the briefing to the Court and the technical advisor (if appointed).

Discovery disputes require a meet and confer via personal conference (phone/video) between lead counsel with decision authority before contacting the Court; email is insufficient.

A “meet and confer” requires a personal conference, by telephone or video conference technology, between lead counsel with decision making authority wherein the participants attempt to resolve their differing views before contacting the Court. Correspondence, such as e-mail, is insufficient.

Motions to transfer must be filed within 3 weeks of CMC or 8 weeks of service, with response and reply deadlines set by rule.

A motion to transfer anywhere shall be filed within 3 weeks after the CMC or within 8 weeks of receiving or waiving service of the complaint, whichever is later. Thereafter, a movant must show good cause for any delay and seek leave of court. The deadline for plaintiff’s response is 2 weeks after the completion of venue or jurisdictional discovery. The deadline for Defendant’s reply is 2 weeks after the filing of the response.

Parties must meet and confer before filing motions to dismiss indirect/willful infringement claims before fact discovery.

Any party seeking to dismiss claims of indirect or willful infringement before fact discovery must first meet and confer with the opposing party to discuss dismissing those allegations without prejudice, with leave to re-plead those allegations with specificity if supported by a good faith basis under Rule 11.

Required

Always

Additional briefing beyond motion/response/reply requires a motion for leave.

Yes. The party seeking to file additional briefing should file a motion seeking such leave.

Required

Always

Standing order governs additional motion rules.

Yes. See Standing Order in Civil Cases Assigned to Judge Garcia.

Motion required 7 business days before trial for remote witness testimony.

Parties seeking to have a witness testify at an evidentiary hearing or trial via Zoom or other remote means must file a motion seeking the court’s permission, and stating the reasons why the witness cannot testify in person, at least seven business days prior to the commencement of the hearing or trial.

Witnesses must testify remotely via motion filed at least 7 business days prior, with equipment testing and technical support coordinated.

Parties seeking to have a witness testify at an evidentiary hearing or trial via Zoom or other remote means must file a motion seeking the court’s permission, and stating the reasons why the witness cannot testify in person, at least seven business days prior to the commencement of the hearing or trial. If the court grants permission, counsel will be responsible for contacting Natasha Martinez to coordinate a time in advance of the hearing or trial to test equipment. Counsel will also be responsible for providing the witness with copies of any non-admitted exhibits counsel anticipates offering and ensuring that the witness is provided appropriate technical support during their testimony.

United States must simultaneously orally move for Court review when requesting magistrate judge stay of release

In order to abide by the statutory requirement in 18 U.S.C. § 3145(a) for the Court to “determine[] promptly” motions filed under this statute, IT IS ORDERED that, upon the United States’s oral motion for the magistrate judge to stay a defendant’s release, the United States shall simultaneously orally move for this Court to review the magistrate judge’s release order. An oral motion of this type will be considered as properly “fil[ing]” the motion under 18 U.S.C. § 3145.

Required

Always

Rule 26(f) conference must be held within 14 days, preferably face-to-face unless attorneys are in different cities.

If not already held, the parties must conclude the Rule 26(f) conference no later than 14 days from the date this Order is signed. Unless attorneys reside in different cities, the Court expects that the Rule 26(f) conference will be conducted in a "face-to-face" session.

Brief deadlines governed by Supplemental Rules 6, 7, and 8; no additional briefs without leave

The deadlines for the plaintiff’s opening brief, the Commissioner’s response in opposition, and the plaintiff’s reply brief are governed respectively by Rules 6, 7, and 8 of the Supplemental Rules. Absent leave of court, no further briefs are allowed.

Jury questionnaires require motion for leave filed 7 days before trial.

Jury questionnaires should be provided by a motion for leave filed at least seven days before the trial commences.

Parties must make a good-faith effort to confer on contested non-dispositive motions, including in-person or telephonic attempts, often more than one or two attempts.

Please make a good faith effort to confer on contested non-dispositive motions. This means trying to speak in person or telephonically about the matters in question, and it often requires more than one or even two attempts.

Follow FRCP and local rules for TRO/expedited relief; notify law clerk.

Adhere to the Federal Rules of Civil Procedure, as well as the local rules (“Rules”). Notify the law clerk handling the case.

File motion to modify scheduling order.

File a Motion requesting a modification to the previously entered Scheduling Order.

For expedited relief motions, follow federal and local rules and notify law clerk.

Adhere to the Federal Rules of Criminal Procedure, as well as the local rules ("Rules"). Notify the law clerk handling the case.

Coordinate expedited criminal hearing motions with Courtroom Deputy Virginia Cabrera.

Coordinate your formal Motion with the Courtroom Deputy, Virginia Cabrera at (915) 534-6895.

Required

Always

Counsel must confer on all motions before filing; reflect conference in motion body/title unless ex parte communication is justified.

Yes, unless Ex Parte communication with the Court is justified. Yes.

Sur-replies require leave of court.

Leave of Court is required for a Sur-Reply.

Leave of court is required to file a sur-reply.

Leave of Court is required for a Sur-Reply.

Motions to suppress must be coordinated with the Courtroom Deputy.

Coordinate the Motion with the Courtroom Deputy.

Parties must make a good faith attempt to resolve discovery disputes before seeking court intervention.

The Court requires the Parties to make a good faith attempt to resolve all discovery disputes before petitioning the Court to intervene.

Before filing a bill of costs motion, parties must review applicable law, submit proposed costs to opposing counsel, meet and confer, and if no agreement, file a motion indicating areas of disagreement; the Court will set a hearing where lead trial counsel must appear.

IT IS ORDERED that before any party files a Motion for Bill of Costs, they should first review the following applicable law. Second, they should submit their proposed bill of costs to opposing counsel for their review in light of the applicable law. Third, if there are any areas of disagreement, the parties shall meet, confer, and be prepared to compromise, making every effort to submit an "agreed" bill of costs to the Court. However, if the parties have a legitimate dispute on which they cannot agree, they shall file a motion—in accordance with Federal Rule of Civil Procedure 54 and Local Court Rule CV-54—indicating their areas of disagreement, and the Court will set a hearing at which time LEAD TRIAL COUNSEL will be ORDERED to appear and explain why they have not been able to resolve their differences.

Only one summary judgment motion per party is allowed without court leave.

No party may file more than one motion pursuant to Federal Rule of Civil Procedure 56, regardless of whether such motion is denominated as a partial motion for summary judgment or summary adjudication, without leave from the Court.

Summary judgment motions are disfavored in cases without jury trial rights and should be limited to purely legal issues.

Motions for summary judgment are highly disfavored in any case in which the Court will serve as the factfinder and in any case asserting a cause of action under the Federal Tort Claims Act in which parties do not have a right to a jury trial under 28 U. S. C. § 2402 and Carlson v. Green, 446 U.S. 14, 22 (1980). Consequently, the basis for any motion for summary judgment in these cases should be restricted to purely legal issues (e.g., whether a legal duty exists, the affirmative defense of statute of limitations, or failure to exhaust administrative remedies).

Hearings on civil motions are not routine; request in opening paragraph if needed.

Ordinarily, the Court does not hold hearings on civil motions. However, should you believe a hearing is warranted, you should make such a request in the opening paragraph of your motion or response with an explanation as to why the hearing is necessary. The Court will notify you if a hearing will be held.

Motions in limine must be limited to disputed matters.

A motion in limine must be confined to matters actually in dispute.

Hearings on civil motions are not routinely held; request must be made in opening paragraph with explanation.

Ordinarily, the Court does not hold hearings on civil motions. However, should you believe a hearing is warranted, you should make such a request in the opening paragraph of your motion or response with an explanation as to why the hearing is necessary. The Court will notify you if a hearing will be held.

Motions in limine must be limited to matters actually in dispute.

A motion in limine must be confined to matters actually in dispute.

Summary judgment motions disfavored in FTCA and bench trial cases; limited to legal issues.

Motions for summary judgment are highly disfavored in any case in which the Court will serve as the factfinder and in any case asserting a cause of action under the Federal Tort Claims Act in which parties do not have a right to a jury trial under 28 U.S.C. § 2402 and Carlson v. Green, 446 U.S. 14, 22 (1980). Consequently, the basis for any motion for summary judgment in these cases should be restricted to purely legal issues (e.g., whether a legal duty exists, the affirmative defense of statute of limitations, or failure to exhaust administrative remedies).

Responses to dispositive motions due 14 days after service; replies due 7 days after service.

Responses shall be filed and served on all other parties not later than 14 days after the service of the motion and shall be limited to 20 pages. Any replies shall be filed and served on all other parties not later than 7 days after the service of the response and shall be limited to 10 pages, but the Court need not wait for the reply before ruling on the motion.

Twombly motions and motions for more definite statement should be filed sparingly and do not stay discovery unless court orders otherwise.

Twombly motions (motions to dismiss for failure to state a claim) and motions for more definite statement generally lack merit and should be filed sparingly. Because motions under Fed. R. Civ. P. 12(b)(6) and Rule 12(c) have become routine practice, the filing of such motions does not stay discovery and will not otherwise delay progress of the case pending a ruling on the motion, unless the party filing the motion obtains a court order otherwise.

Good faith conference required on contested nondispositive motions.

Please make a good faith effort to confer on contested nondispositive motions. This means trying to speak in person or telephonically about the matters in question, and it often requires more than one or even two attempts. Many contested motions haven’t been properly discussed before the motion gets filed.

Additional briefing beyond the motion, response, and reply requires leave of Court.

Only with leave of Court, will I typically accept briefing on motions beyond the motion, response, and reply. Keep in mind that, consistent with the W.D. Tex. Local Rules, I may rule any time after a response is filed.

Required

Never

Letter briefs should not be submitted in civil cases.

Does the court accept letter briefs in civil cases? If so, are there circumstances in which the court prefers letter briefs? Letter briefs should not be submitted.

When filing for expedited relief, attorneys must call the courtroom deputy and notify opposing party.

A courtesy call should be made to the courtroom deputy clerk and notice should be given to the opposing party of the fact of filing or notice of any hearing set.

Requests must be made by motion accompanied by a telephone call to the courtroom deputy.

Any such request should be made by motion, with a telephone call to the courtroom deputy clerk.

Hearings not routinely granted; must file formal motion if needed.

As a general practice, the Court does not grant requests for hearings. However, if Counsel believes that a hearing is necessary, it may move the Court through a formal Motion.

Good faith attempt required to resolve discovery disputes before filing motion.

The Court requires the Parties to make a good faith attempt to resolve all discovery disputes before petitioning the Court to intervene.

Summary judgment motions may be filed before the motion cutoff but must comply with Local Rules and this Standing Order.

Parties need not wait until the motion cutoff to bring motions for summary judgment or partial summary judgment. Moreover, the Court expects that the party moving for summary judgment will strictly observe the timing requirements of the Local Rules and this Standing Order.

No conference required on motions except discovery matters; General Order governs discovery.

No, except on discovery matters. The Court enters a General Order regarding Discovery very early in the case. That Order requires various discovery disclosures to be made without the necessity of any written motion. No “routine” discovery motions should be filed, unless the General Order of Discovery has not been complied with.

Required

Always

Final pretrial conference held one week before trial to address motions in limine and exhibit objections.

A final pretrial conference will usually be conducted approximately one week prior to the date that the trial is expected to begin. Motions in limine and objections to exhibits will heard and ruled upon at that time.

Required

Never

The court does not accept briefing beyond motion, response, and reply.

Does the court accept briefing on motions beyond the motion, response, and reply? If so, is a motion for leave of court and order required? No.

Hearing on dispositive motions scheduled after response/reply deadlines.

The hearing on dispositive motions will be set by the Court for a date after the deadline for responses and replies.

Social Security appeals routinely referred to magistrate judge.

Appeals from the Social Security Administration.

Court allows letter briefs at its discretion.

Yes, but discretion is the key.