Section I: Civil Rules | Eastern District of Texas | United States District Court
FOR THE EASTERN DISTRICT OF TEXAS . repeated requests to meet and confer, Joseph Pia, counsel for Plaintiff My Health, Inc. (“My. FOR THE EASTERN DISTRICT OF TEXAS. MARSHALL consolidated action, all parties are directed to meet and confer in order to determine whether. First-timers in the Eastern District of Texas may find themselves meet and confer before filing substantive and discovery motions. Unlike many federal districts.
Likewise, responses to such motions shall not exceed fifteen pages, excluding attachments, unless leave of court is first obtained. Any reply or sur-reply brief to an opposed non-dispositive motion filed pursuant to Section f of this rule shall not exceed five pages, excluding attachments. Non-dispositive motions include, among others, motions to transfer venue, motions for partial summary judgment, and motions for new trial pursuant to Fed. If a party files more than one summary judgment motion, the following additional limitations apply: Motions to reconsider must specifically state the action and the docket sheet document number to be reconsidered in the title of the motion e.
When allegations of fact not appearing in the record are relied upon in support of a motion, all affidavits and other pertinent documents shall be served and filed with the motion. The court strongly recommends that any attached materials have the cited portions highlighted or underlined in the copy provided to the court, unless the citation encompasses the entire page.
The page preceding and following a highlighted or underlined page may be submitted if necessary to place the highlighted or underlined material in context. Only relevant, cited-to excerpts of attached materials should be attached to the motion or the response.
The motion and any briefing shall be contained in one document. The briefing shall contain a concise statement of the reasons in support of the motion and citation of authorities upon which the movant relies. Briefing is an especially helpful aid to the judge in deciding motions to dismiss, motions for summary judgment, motions to remand, and post-trial motions. The response and any briefing shall be contained in one document.
A party opposing a motion shall file the response, any briefing and supporting documents within the time period prescribed by Subsection e of this rule. A response shall be accompanied by a proposed order conforming to the requirements of Subsection a of this rule. Briefing shall contain a concise statement of the reasons in opposition to the motion and a citation of authorities upon which the party relies.
A party opposing a motion has fourteen days twenty-one days for summary judgment motions from the date the motion was served in which to file a response and any supporting documents, after which the court will consider the submitted motion for decision.
Any party may separately move for an order of this court lengthening or shortening the response period. Unless otherwise directed by the presiding judge, a party who has filed an opposed motion may serve and file a reply brief responding to the issues raised in the response within seven days from the date the response is served.
A sur-reply responding to issues raised in the reply may be served and filed within seven days from the date the reply is served. The court need not wait for the reply or sur-reply before ruling on the motion. Absent leave of court, no further submissions on the motion are allowed.
A party may in a motion or a response specifically request an oral hearing, but the allowance of an oral hearing shall be within the sole discretion of the judge to whom the motion is assigned. For opposed motions, the substantive component requires, at a minimum, a personal conference, by telephone or in person, between an attorney for the movant and an attorney for the non-movant. In any discovery-related motion, the substantive component requires, at a minimum, a personal conference, by telephone or in person, between the lead attorney and any local counsel for the movant and the lead attorney and any local counsel for the non-movant.
In the personal conference, the participants must give each other the opportunity to express his or her views concerning the disputes.
The participants must also compare views and have a discussion in an attempt to resolve their differing views before coming to court. Such discussion requires a sincere effort in which the participants present the merits of their respective positions and meaningfully assess the relative strengths of each position. In discovery-related matters, the discussion shall consider, among other things: Except as otherwise provided by this rule, a request for court intervention is not appropriate until the participants have met and conferred, in good faith, and concluded, in good faith, that the discussions have conclusively ended in an impasse, leaving an open issue for the court to resolve.
For opposed motions, correspondence, e-mails, and facsimile transmissions do not constitute compliance with the substantive component and are not evidence of good faith. Such materials, however, may be used to show bad faith of the author.
An unreasonable failure to meet and confer violates Local Rule AT-3 and is grounds for disciplinary action. A party may file an opposed motion without the required conference only when the non-movant has acted in bad faith by failing to meet and confer.
The certificate must state: In discovery-related motions, the certificate of conference shall be signed by the lead attorney and any local counsel. In situations involving an unreasonable failure to meet and confer, the movant shall set forth in the certificate of conference the facts believed to constitute bad faith.
Except in prisoner cases, any motions pending in another federal or state court made by any party will be considered moot at the time of transfer or removal unless they are re-urged in this court.
See Local Rule CV d. Motions for leave to file a document should be filed separately and immediately before the document for which leave is sought.
Appendix B: Patent Rules | Eastern District of Texas | United States District Court
If the motion for leave to file is granted, the document will be deemed to have been filed as of the original date of its filing. If the motion is denied, the document will be struck or, in the case of motions to file a document exceeding page limitations, the excess pages and attachments cited only therein will not be considered by the court.
The time for filing any responsive documents will run from the date of the order on the motion for leave.
Counsel filing an emergency motion should ensure that: Motions in limine should be contained within a single document subject to the page limitations of Local Rule CV-7 a 2 for non-dispositive motions. When offered for filing, all documents, excluding preexisting documentary exhibits and attachments, shall: When filed by paper, original documents offered for filing shall not include tabs or dividers.
The clerk shall monitor documents for compliance with the federal and local rules as to format and form. If the document sought to be filed is deficient as to form, the clerk shall immediately notify counsel, who should be given a reasonable opportunity, preferably within one day, to cure the perceived defect.
If the perceived defect is not cured in a timely fashion, the clerk shall refer the matter to the appropriate district or magistrate judge for a ruling as to whether the documents should be made part of the record.
Electronically filed documents may contain the following types of hyperlinks: Hyperlinks to cited authority may not replace standard citation format. Complete citations must be included in the text of the filed document. A hyperlink, or any site to which it refers, will not be considered part of the record. Hyperlinks are simply convenient mechanisms for accessing material cited in a filed document.
The court accepts no responsibility for, and does not endorse, any product, organization, or content at any hyperlinked site, or at any site to which that site might be linked. The court accepts no responsibility for the availability or functionality of any hyperlink. On the first appearance through counsel, each party shall designate a lead attorney on the pleadings or otherwise.
The lead attorney is responsible in that action for the party. That individual attorney shall attend all court proceedings or send a fully informedattorney with authority to bind the client. Every document filed must be signed by the lead attorney or by an attorney of record who has the permission of the lead attorney.
Requests for postponement of the trial shall also be signed by the party making the request. Under the signature, the following information shall appear: Attorneys may withdraw from a case only by motion and order under conditions imposed by the court. Change of counsel will not be cause for delay. A pro se litigant must provide the court with a physical address i. Pro se litigants must also advise the court of the case numbers of all pending cases in which they are participants in this district.
If an attorney no longer desires to receive electronic notification of filings in a particular case due to settlement or dismissal of his or her client, the attorney may file a request for termination of electronic notice.
The court may make orders as are appropriate to control the conduct of a vexatious pro se litigant. Unless otherwise ordered by the court, where the requested extension: Absent a court order to the contrary, a party is not excused from responding to discovery because there are pending motions to dismiss, to remand, or to change venue.
Parties asserting the defense of qualified immunity may submit a motion to limit discovery to those materials necessary to decide the issue of qualified immunity. The parties shall promptly file a notice with the court that the disclosures required under Fed. The court shall provide a judge on call during business hours to rule on discovery disputes and to enforce provisions of these rules.
Counsel may contact the duty judge for that month by dialing the hotline number listed above for any case in the district and get a hearing on the record and ruling on the discovery dispute, including whether a particular discovery request falls within the applicable scope of discovery, or request to enforce or modify provisions of the rules as they relate to a particular case. Depositions may be taken after 5: Unless permitted by Fed.
All other objections need not be made or recorded during the oral deposition to be later raised with the court. The objecting party must give a clear and concise explanation of an objection if requested bythe party taking theoral deposition, or the objection is waived. If additional records are desired, the requesting party must show the need for them. Records obtained shall remain confidential.
A party demanding trial by jury pursuant to Fed. The costs shall be assessed equally against the parties and their counsel unless otherwise ordered by the court. Whenever a civil matter commenced in or removed to the court involves subject matter that either comprises all or a material part of the subject matter or operative facts of another action, whether civil or criminal, then pending before this or another court or administrative agency, or previously dismissed or decided by this court, counsel for the filing party shall identify the collateral proceedings or re-filed case s on the civil cover sheet filed in this court.
The duty to notify the court and opposing counsel of any collateral proceeding continues throughout the pendency of the action.
Upon the assignment of related actions to two or more different judges with the district, the affected judges may, in their discretion, agree to assign the related actions to one judge. The presiding judge shall approve the utilization of interpreters in all civil cases not instituted by the United States.
Upon request, the clerk shall make lists of certified and otherwise qualified interpreters available to parties. The total page limits imposed by Local Rule CV-7 a 3 on motions for summary judgment shall also apply to motions for judgment as a matter of law pursuant to Fed.
Unless otherwise provided by statute or by an order of the presiding judge, the bill of costs must be filed with the clerk and served on any party entitled to such service no later than fourteen days after the clerk enters the judgment on the docket. Before filing a bill of costs, a party must: If the parties have a legitimate dispute on which they cannot agree, the parties have the option of filing either A a joint motion indicating the areas of agreement and the areas of disagreement to be resolved by the court or B a motion by the party requesting costs indicating the areas of agreement and the areas of disagreement to be resolved by the court, to which the opposing party may file a response.
Either type of motion must contain acertificate confirming compliance with the conference requirements of this rule. Any motion for summary judgment must include: Proper summary judgment evidence should be attached to the motion in accordance with Section d of this rule. Any response to a motion for summary judgment must include: Proper summary judgment evidence should be attached in accordance with Section d of this rule. In resolving the motion for summary judgment, the court will assume that the facts as claimed and supported by admissible evidence by the moving party are admitted to exist without controversy, except to the extent that such facts are controverted in the responsive brief filed in opposition to the motion, as supported by proper summary judgment evidence.
The court will not scour the record in an attempt to unearth an undesignated genuine issue of material fact. Counsel are strongly encouraged to highlight or underline the cited portion of any attached evidentiary materials, unless the citation encompasses the entire page.
The page preceding and following a highlighted page may be submitted if necessary to place the highlighted material in context. Only relevant, cited-to excerpts of evidentiary materials should be attached to the motion or the response. The parties may waive the requirement of a bond or other security by stipulation.
When a bond or other security is posted for any reason, it must be electronically filed in the case by the posting party. The paper original of the security shall be retained by the posting party unless otherwise directed by the court.
Such action or matter may be reassigned by such acting chief judge as provided in Section a 1 above. Upon the disqualification of a judge from participation in an action or proceeding pending in a division wherein the caseload is divided between two judges, the action or matter systematically shall be reassigned and transferred to the other judge sitting in that division. In instances where each judge in a two-judge or a multi-judge division recuses himself or herself or is disqualified, the action or matter systematically shall be reassigned and transferred in accordance with an order of the chief judge of the district to any judge in active service, in another division, who is not disqualified.
If all judges in the district recuse themselves or are disqualified to preside over a particular civil or criminal action or matter, the clerk shall, without delay, so certify to the chief judge of the United States Court of Appeals for the Fifth Circuit, in order that he may re-assign such action or matter to a suitable judge.
Separately filed cases related to the same patent shall be assigned to the same judge, i. Disclosure of Asserted Claims and Infringement Contentions. Not later than 10 days before the Initial Case Management Conference with the Court, a party claiming patent infringement must serve on all parties a "Disclosure of Asserted Claims and Infringement Contentions.
UNITED STATES DISTRICT COURT
This identification shall be as specific as possible. Each product, device, and apparatus must be identified by name or model number, if known. Each method or process must be identified by name, if known, or by any product, device, or apparatus which, when used, allegedly results in the practice of the claimed method or process; c A chart identifying specifically where each element of each asserted claim is found within each Accused Instrumentality, including for each element that such party contends is governed by 35 U.
Document Production Accompanying Disclosure. With the "Disclosure of Asserted Claims and Infringement Contentions," the party claiming patent infringement must produce to each opposing party or make available for inspection and copying: The producing party shall separately identify by production number which documents correspond to each category.
Not later than 45 days after service upon it of the "Disclosure of Asserted Claims and Infringement Contentions," each party opposing a claim of patent infringement, shall serve on all parties its "Invalidity Contentions" which must contain the following information: Each prior art patent shall be identified by its number, country of origin, and date of issue.
Each prior art publication must be identified by its title, date of publication, and where feasible, author and publisher. Prior art under 35 U. If a combination of items of prior art makes a claim obvious, each such combination, and the motivation to combine such items, must be identified; c A chart identifying where specifically in each alleged item of prior art each element of each asserted claim is found, including for each element that such party contends is governed by 35 U.
Document Production Accompanying Invalidity Contentions. With the "Invalidity Contentions," the party opposing a claim of patent infringement must produce or make available for inspection and copying: To the extent any such item is not in English, an English translation of the portion s relied upon must be produced.
In all cases in which a party files a complaint or other pleading seeking a declaratory judgment that a patent is not infringed, is invalid, or is unenforceable, P. If the defendant does not assert a claim for patent infringement in its answer to the complaint, no later than 10 days after the defendant serves its answer, or 10 days after the Initial Case Management Conference, whichever is later, the party seeking a declaratory judgment must serve upon each opposing party its Invalidity Contentions that conform to P.
The parties shall meet and confer within 10 days of the service of the Invalidity Contentions for the purpose of determining the date on which the plaintiff will file its Final Invalidity Contentions which shall be no later than 50 days after service by the Court of its Claim Construction Ruling.
If the filings or actions in a case do not trigger the application of these Patent Rules under the terms set forth herein, the parties shall, as soon as such circumstances become known, meet and confer for the purpose of agreeing on the application of these Patent Rules to the case.
A a party claiming patent infringement has served "Infringement Contentions" pursuant to P. Amendment or supplementation any Infringement Contentions or Invalidity Contentions, other than as expressly permitted in P.
By the date set forth in the Docket Control Order, each party opposing a claim of patent infringement that will rely on an opinion of counsel as part of a defense shall: A party opposing a claim of patent infringement who does not comply with the requirements of this P. The following provision applies to all patents subject to a Paragraph IV certification in cases arising under 21 U. This provision takes precedence over any conflicting provisions in P.
This written basis shall contain all disclosures required by P. This written basis shall include a claim chart identifying each claim at issue in the case and each limitation of each claim at issue.
The claim chart shall specifically identify for each claim those claim limitation s that are literally absent from the Defendant s allegedly infringing Abbreviated New Drug Application or New Drug Application.