Western District of Texas Pre-Motion Conference Requirements

WARNING

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.

WARNINGCivil cases

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).

WARNINGCivil cases

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.

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.

WARNINGCivil cases

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.

WARNING

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.

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

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.

WARNINGCivil cases

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

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

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNING

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.

INFOCivil cases

If the Court grants leave to construe additional terms, it may split the Markman hearing into multiple hearings depending on the terms’ complexity and number.

If leave is granted for additional terms to be construed, depending on the complexity and number of terms, the *Markman* hearing may be split into multiple hearings.

INFOCivil cases

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.

INFOCivil cases

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.

INFOCivil cases

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.

INFOCivil cases

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.

INFOCivil cases

Court allows letter briefs at its discretion.

Yes, but discretion is the key.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

WARNING

For motions related to bond conditions, counsel should confer with opposing counsel and the Pretrial Services Officer.

In motions related to bond conditions, counsel should confer with both opposing counsel and the Pretrial Services Officer.

INFOCivil cases

Social Security appeals routinely referred to magistrate judge.

Appeals from the Social Security Administration.