Hon. Henry J. Bemporad

My Law Clerk, Daniel Moss, may be contacted directly to raise a procedural (not substantive) issue in a civil case if the issue has not been addressed by the rules or prior Orders. Mr. Moss can be reached by phone at (210) 472-6363 or by e-mail at daniel_moss@txwd.uscourts.gov.

If counsel believes that there is a need to exceed the page limits dictated by the local rules, counsel should file a motion for leave of court, explaining the circumstances.

If counsel believes that there is a need to exceed the page limits dictated by the local rules, counsel should file a motion for leave of court, explaining the circumstances.

If counsel believes that there is a need to exceed the page limits dictated by the local rules, counsel should file a motion for leave of court, explaining the circumstances.

I typically hold hearings on contested discovery, scheduling, and other non-dispositive motions in civil cases, including motions for arbitration and for issuance of notice in collective-action cases brought under the Fair Labor Standards Act. I typically also hold hearings on motions for default judgment, and for class certification under Federal Rule of Civil Procedure 23. I usually do not hold hearings on other dispositive motions, such as motions to remand, to dismiss, or for summary judgment. I will consider holding a hearing on such motions at the request of either party.

Yes — motions decided on the papers without oral argument.

Although I prefer in-person hearings, I regularly hold video conferences and hearings upon request. I will also hold telephonic hearings, but they are disfavored. Such conferences and hearings are set by written order or text order.

I ask that counsel file a motion for continuance in a civil trial as soon as possible. In the motion, please include whether the continuance is unopposed or opposed, the reason(s) the continuance is needed, and the length of additional time requested.

The magistrate judges regularly receive, among other things, Social Security appeals, cases filed by non-incarcerated pro se individuals, and requests for leave to proceed in forma pauperis. Depending on the needs of an individual case and the preferences of the referring judge, magistrate judges also regularly receive case referrals for consideration all pretrial matters; referrals for consideration of all non-dispositive pretrial matters; and referrals of specific motions.

On discovery matters, specifically consult with opposing counsel as to each disputed request in advance of filing the motion and indicate in the motion or response whether any documents have been withheld based on discovery objections.

On motions to compel documentary discovery, the movant should attach a copy of the opposing party’s responses and objections to the discovery request. The motion should identify the disputed matter by request number.