All local rules for W.D. Tex., integrated with this judge's published requirements.
A courtesy call should be made to Magda Muzza, Courtroom Deputy, at (210) 244-5021. Notice should be given to the opposing party of the timing of the expected filing. Parties should comply with Federal Rule of Civil Procedure 65 and the Local Rules.
Please do not contact the Judge’s law clerks directly. For procedural matters that cannot be answered by the Federal Rules of Procedure, Local Rules, or the Judge’s Scheduling Order, please contact Missy Kauffman.
Not immediately notifying the Court that a motion is unopposed or resolved and failure to immediately notify the Court that the case settled.
A motion to exceed the page limit is required, and the proposed pleading must be attached.
A motion to exceed the page limit is required, and the proposed pleading must be attached.
A motion to exceed the page limit is required, and the proposed pleading must be attached.
Only for emergency motions.
In cases not referred to a magistrate judge, any extension to answer a complaint requires an agreed motion and proposed order.
No. Should you desire oral argument on a motion, such request should be set out in the opening paragraph of the motion. The Court will notify the parties if it deems a hearing is necessary.
Yes — motions decided on the papers without oral argument.
Yes. If a telephone conference is requested, it should be arranged in coordination with Magda Muzza and will be held only if approved by the Judge.
Any request for a trial date to be continued must be made by motion filed with the Court following a good faith conference with opposing counsel. If there is agreement, the Court will usually approve a continuance. If there is no agreement, a response indicating the grounds for opposition must be filed.
The Court generally refers all non-dispositive pretrial matters to the magistrate judges. The Court may refer various civil matters to a Magistrate Judge on a case by case basis. Pursuant to Local Rule, Appendix C, various pretrial matters regarding civil cases filed by prisoners and reviews of administrative agency proceedings (social security appeals) are automatically assigned to a Magistrate Judge.
No. Parties are encouraged to hyperlink all citations to Westlaw. Source ↗
Trial dates will be set after dispositive motions have been heard and ruled upon. Source ↗
Only one motion for summary judgment is allowed. A motion to dismiss should not be characterized as a motion for summary judgment in the alternative. Source ↗
The following procedure must be followed before any party files a Motion to Dismiss under Federal Rule 12(b)(6): (1) 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. (2) 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. (3) 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). 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 nonmovant did not timely amend its pleading or the amended pleading is still deficient. The Court will strike any Federal Rule 12(b) Motion to Dismiss if it does not contain the required Certificate of Conference, which may preclude its re-filing given the time limits prescribed in Federal Rule 12(a). Source ↗