UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
Judge Keith P. Ellison
Updated May 2026
THE ATTACHED MUST BE SERVED
WITH THE SUMMONS AND COMPLAINT
OR REMOVAL PAPERS
Your attention is directed to the Court Procedures and attachments, which are applicable to cases
assigned to Judge Keith P. Ellison.
Plaintiff must serve these materials, and the Order for Conference And Disclosure Of Interested
Parties on all defendants with the summons and complaint. A party removing a case to this Court has the
same obligation as a plaintiff filing an original complaint. Proof reflecting service of these materials must
be filed with the Clerk. A Form of Certificate for Use in removed cases is attached.
In addition, parties may, at their option, proceed with civil cases before a Magistrate Judge.
Attached is a Consent Form for use by parties who consent to proceed before Magistrate Judge Dena
Palermo. Please follow the instructions in the accompanying “Notice of the Right to Try a Civil
Case before a Magistrate Judge.”
The accompanying procedures are to be used in conjunction with the Local Rules for the Southern
District of Texas, not as a substitute for them. The Local Rules of this District can be obtained on the
District website at www.txs.uscourts.gov. The Court requires strict compliance with these Local Rules.
ALL inquiries regarding ANY case, please contact:
Arturo Rivera, Case Manager
To United States District Judge Keith P. Ellison
United States District Clerk
515 Rusk Avenue, Room 3716
Houston, Texas 77002
Telephone: 713-250-5181
Facsimile: 713-250-5503
Email:
[email protected]
TABLE OF CONTENTS FOR
COURT PROCEDURES
OF
JUDGE KEITH P. ELLISON
1. Contact with Court Personnel
2. Emergencies
3. Continuances
4. Appearances
5. Motion Practice
6. Briefs
7. Replies
8. Courtesy Copies
9. Initial Pretrial Conferences and Scheduling Orders
10. Required Pretrial Materials
11. Trial Settings
12. Exhibits
13. Equipment
14. Courtroom Procedures
15. Voir Dire
16. Depositions
17. Settlements and Orders of Dismissal
Judge Keith P. Ellison
Court Procedures
Page 1
1. CONTACT WITH COURT PERSONNEL
A. The Court expects that parties will file documents through the District
Court’s Case Management/Electronic Case Filing (“CM/ECF”) System. See
Southern District Local Rule 5.1 (as amended in September 2004) and
Administrative Procedures for CM/ECF. Case-related telephone and email
inquiries regarding any case should be made to Arturo Rivera, Case
Manager and Court Coordinator at 713-250-5181 or
[email protected].
B. Information about the status of documents, entry of orders, or docket entries
should be obtained from the CM/ECF or Pacer Systems or, if absolutely
necessary, from the United States District Clerk’s Offices, (713) 250-5500.
C. The Court’s caseload will not allow the Case Manager to respond to casual
telephone inquiries about motions and case status generally. Inquiries to the
Case Manager should be by email, unless time does not permit.
D. At the Court's direction, law clerks may contact counsel; however, they will
not discuss matters other than the subject of the call.
E. 1. Case-related correspondence must be addressed to:
United States District Court
515 Rusk Street
3rd Floor, Room 3716
Houston, Texas 77002
2. Do not address substantive issues in letter form, because letters are
not docketed or included in the appellate record.
3. Copies of urgent documents (including letters) may be sent to
chambers, as well as to the clerk’s office, with a transmittal letter that
states why the Court’s prompt attention is required.
2. EMERGENCIES
A. Applications for restraining orders or for other immediate relief shall be
made through the Case Manager. Such applications shall be presented to the
Court by the Case Manager following counsel’s affirmation that the opposing
party has been contacted and that both parties can be available for an in-
chambers conference before the Court. Ex parte applications for restraining
orders will not be entertained by the Court unless the requirements of FED. R.
CIV. P. 65(b) have been satisfied.
Judge Keith P. Ellison
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B. Motions for extension of deadlines or cut-off dates are not emergencies.
3. CONTINUANCES
A. Joint motions for continuance are not binding, and they will be granted only
at the Court's discretion.
B. Bona fide vacation requests will be respected.
4. APPEARANCES
A. An attorney who appears at a hearing or conference shall
(1) be familiar with the case,
(2) have authority to bind the client, and
(3) be in charge for that appearance.
B. Counsel may appear by telephone for all non-evidentiary hearings, counsel
will need to call Judge Ellison’s conference dial-in number, 669-254-5252 at
the scheduled time, enter Meeting ID: 160 7362 7986#, followed by
Passcode: 3716. Parties should use a land line, not cellular or speaker
telephones. Telephonic appearances are disfavored in evidentiary hearings.
C. Counsel must notify the Case Manager immediately of the resolution of any
matter.
5. MOTION PRACTICE
A. The Court follows the written motion practice described in the Local Rules.
Since most motions will be ruled on without an oral hearing, brief, clear
motion papers are very important. The Court will consider the motion and
response after the submission date.
B. The submission date may be extended by agreement of counsel, except when
the extension violates a Court-imposed deadline. Counsel should
immediately notify the Case Manager, in writing, of such an agreement.
Judge Keith P. Ellison
Court Procedures
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C. The following requirements now apply to Certificates of Conference under
Local Civil Rule 7.1 and Local Criminal Rule 12.2:
(1) Parties are expected to make a good faith effort to confer
about the disposition of all pretrial motions. All pretrial
motions must contain a certificate of conference.
(2) A certificate stating that the moving party has been unable
to reach agreement with another party will be sufficient
only if it specifies:
a. The name of the opposing counsel with whom
movant’s counsel has conferred or attempted to
confer;
b. If counsel have not been able to confer, the date
and time of all attempts to contact opposing
counsel; and
c. If counsel have conferred but have been unable to
reach agreement, the precise nature of the
disagreement.
(3) The Court will not consider the conference requirement to be
satisfied by an unsuccessful attempt to reach opposing
counsel occurring less than two full business days before a
motion is filed.1
(4) The Court expects that, in most cases, the conference
requirement should eliminate the need to file motions under
Rule 16 of the Federal Rules of Criminal Procedure and Rule
404(b) of the Federal Rules of Evidence. Additionally, the
Court expects that the conference requirement should
dramatically reduce the length of motions in limine and
motions to compel discovery.2
(5) If a party wishes to preserve in the record the fact that a
particular request has been made to opposing counsel, this
should be done through a letter to the Court, filed with the
Clerk and copied to opposing parties and counsel, rather than
1 Accordingly, a moving party should begin efforts to confer with other parties at least two full business days before
any motion deadline.
2 Of course, these requirements are not intended to discourage motions when parties are genuinely unable to agree.
Instead, they are simply meant to encourage parties, when possible, to resolve routine pretrial matters without the Court’s
involvement.
Judge Keith P. Ellison
Court Procedures
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via an unnecessary pretrial motion.
(6) Counsel who repeatedly fail to return phone calls relating to
the conference requirement will be asked to explain this
behavior to the Court. In extreme cases, sanctions may be
imposed.
D. Motions for extension of discovery must be filed sufficiently in advance of
the discovery deadline that opposing counsel may respond prior to the
deadline.
E. Requests for oral argument on motions are not necessary. The Case Manager
will notify counsel should the Court determine that oral argument would be
beneficial.
F. The Court will rule on motions as soon as possible. Counsel will be
furnished with copies of orders.
G. Every non-dispositive motion must contain a certificate of conference and a
proposed order granting the relief sought. Failure to comply may result in the
party’s pleadings being denied or stricken.
H. Each motion, except motions pursuant to Fed. R. Civ. P. 56, must be
accompanied by a separate proposed order granting or denying the relief
requested.
6. BRIEFS
A. The Court requires concise, pertinent, and well-organized briefs and
memoranda of law. Absent leave of Court for extended briefing, any brief or
memorandum shall be limited to 25 pages. Any brief or memorandum
containing more than 10 pages of argument must contain the following items.
All briefs and memoranda must contain items (3), (4), (6), and (7).
(1) A table of contents setting forth the page number of each section,
including all headings designated in the body of the brief or
memorandum.
(2) A table of citations of cases, statutes, rules, textbooks, and other
authorities, alphabetically arranged.
(3) A short statement of the nature and stage of the proceeding.
(4) A statement of the issues to be ruled upon by the Court and, with
respect to each issue, a short statement, supported by authority, of the
Judge Keith P. Ellison
Court Procedures
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standard of review.
(5) A short summary of the argument.
(6) An argument divided into sections with appropriate headings
succinctly setting forth separate points.
(7) A short conclusion stating the precise relief sought.
B. Any brief, memorandum, or motion that cites authorities not found in the
United States Code, United States Supreme Court Reporter, Federal Reporter,
Federal Rules Decisions, Federal Supplement, Southwestern Reporter
Second, or Vernon's Revised Statutes and Codes Annotated should have
appended to it copies of the relevant parts of such authorities other than
cases, and complete copies of cases. Copies of any affidavits, deposition
testimony, or other discovery referred to should also be contained in the
appendix. Each appendix should contain a paginated table of contents and
should be tabbed to locate easily the materials contained in the appendix.
7. REPLIES TO RESPONSES
The Court will accept replies without leave of Court with the following stipulations:
(A) The Reply should be filed within seven (7) days of the date the Response was
filed.
(B) The Reply must be ten (10) pages or fewer.
8. COURTESY COPIES
A. All emergency motions should be sent to Chambers Room 3716 the day of
filing. Double sided printing for the courtesy copy is recommended.
B. Any document with an appendix or set of exhibits that totals more than 50 pages
should be sent to Chambers Room 3716 the day of filing. The document and
exhibits should be hole punched, bound, and tabbed in a binder type notebook.
Double sided printing is recommended.
9. INITIAL PRETRIAL CONFERENCES AND SCHEDULING
CONFERENCES
Refer to Local Rule 16.1. Attached is a form Docket Control Order used by
the Court. The parties may agree on additional deadlines for completion of
pretrial matters.
Judge Keith P. Ellison
Court Procedures
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10. REQUIRED PRETRIAL MATERIALS
A. Joint Pretrial Order
Counsel for the plaintiff is responsible for ensuring that the Joint Pretrial
Order is filed on time one week prior to trial. The Joint Pretrial Order should
include parties’ witness lists, exhibits lists, proposed JOINT jury instructions
and objections to any. All counsel must sign the Joint Pretrial Order.
B. Other Required Documents
With the filing of the Joint Pretrial Order, each party also must file as
separate documents (captioned, signed by counsel, and including a certificate
of service):
(1) For Jury Trials
a. Criminal Jury Trials
In criminal trials, the Court does not require proposed jury
instructions. If counsel believe the case does require jury
instructions not included in the Fifth Circuit’s Pattern Jury
Instructions, all counsel shall confer and seek to agree on the
proposed wording. If the parties cannot agree, counsel shall
identify those parts of the requested jury instructions upon
which they can agree and submit competing versions of the
instructions as to which they cannot agree. All submissions
shall be by both hard copy and on a disk or via email.
b. Civil Jury Trials
(i) One set of proposed jury instructions that have been
agreed to by counsel should be submitted to the Court
electronically (via email in a Word format) and in
hard copy at least one business day before the first
day of trial. These instructions should be in the most
final form possible.
If the inclusion of any particular instruction is
contingent upon events that may occur during the trial
(for example, an instruction to disregard testimony
that has been ordered stricken from the record), the
instruction should be clearly indicated in brackets and
bold typeface.
Judge Keith P. Ellison
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(ii) If counsel cannot agree on a particular instruction, the
proponent of the contested instruction should submit,
on a separate disk or email in a Word format and in
hard copy, an additional set of proposed jury
instructions with the requested addition, deletion, or
revision clearly indicated in brackets and bold italic
typeface.
(iii) To the extent that these procedures are not followed,
objections to jury instructions will be considered to
have been waived.
(2) For Non-Jury Trials
a. Proposed Findings of Fact.
b. Proposed Conclusions of Law.
(3) For All Trials
Memorandum of law
11. TRIAL SETTINGS
A. Exact trial dates will be given. The Court will reschedule a trial date within the
first few days after it has been set, if counsel become aware of scheduling difficulties
among themselves, their clients, or witnesses. If no such communication is promptly
received by the Court, continuances are disfavored.
B. Pretrial Conferences are discretionary with this Court and are not set routinely.
C. Counsel may, however, request a settlement or pretrial conference by letter addressed
to the Case Manager with copies to all counsel. The Court prefers that such letters
set forth the agreement of all counsel that a conference is necessary and the reasons
therefor.
12. EXHIBITS
A. All exhibits must be marked and exchanged among counsel prior to trial.
The offering party must mark his or her own exhibits with the party's name,
case number, and exhibit number.
B. Any counsel requiring authentication of an exhibit must notify offering
counsel in writing within five (5) business days after the exhibit is listed and
Judge Keith P. Ellison
Court Procedures
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made available to opposing counsel. Failure to do so is an admission of
authenticity. See Local Rule 44.1 and CrLR55.2A.
C. The Court will admit all exhibits listed in the final pretrial order into evidence
unless opposing counsel files written objections supported by authority at
least three (3) business days before trial. See Local Rule 46 and CrLR55.2B.
D. Counsel may not pass exhibits to the jury during trial without obtaining
permission in advance from the Court. All admitted exhibits will go to the
jury during its deliberations.
E. Counsel for each party is required to provide the Court with three (3) copies
of that party's exhibits in a properly tabbed and indexed notebook.
F. Counsel should become familiar with Local Rule 79.2 and CrLR55.2C
regarding disposition of exhibits following trial.
13. EQUIPMENT
A. The following equipment is available for a trial or hearing:
$ Document Camera (ELMO)
$ 75” HD Display Screen
$ Two monitors at each Counsel’s table
$ VCR/DVD
$ Annotation Monitors on Equipment Stand and Witness Box
$ HDMI, VGA Video and Audio inputs at counsel tables, which provide for
courtroom use of personal laptop computers and personal audio equipment
$ Real Time transcription capability. Parties requesting Real Time
Transcription must notify the Court at least three weeks prior to trial.
D. Training and familiarization sessions can be set up by contacting
the Court’s Case Manager 713-250-5181.
14. COURTROOM PROCEDURES
A. Hours: The Court's hours during trial will vary depending upon the type of
case and the needs of the parties, counsel, witnesses, and the Court. Court
normally will not convene before 8:30 a.m. and normally will adjourn by
5:00 p.m., with a noon lunch recess.
B. Access at Other Times: Counsel needing access to the courtroom to set up
equipment or exhibits before or after normal hours of court must arrange in
advance with the Case Manager to have the courtroom open.
Judge Keith P. Ellison
Court Procedures
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C. Telephones: The Judge’s staff will not take telephone messages, and counsel
shall refrain from requesting use of telephones in chambers.
D. Filing of Documents: Pleadings submitted by counsel during the course of a
trial should be presented in duplicate (original for filing and copy for the
Court) to the Case Manager.
E. Decorum:
(1) Counsel and parties will comply with Local Rules 83.8 and
Civ. 57.2 regarding courtroom behavior. These procedures are
strictly enforced.
(2) Counsel will ensure that all parties and witnesses refrain from
eating or smoking in the courtroom.
(3) Cellular telephone, beepers or pagers must remain on silent
while in the courtroom. Counsel are responsible for
insuring that their clients, witnesses, and spectators comply
with this order.
F. Witnesses:
(1) Counsel is responsible for summoning witnesses to the
courtroom and instructing them on courtroom decorum.
Witnesses may be questioned while the attorney is seated at
counsel table or standing at the podium.
(2) Counsel shall make every effort to elicit from witnesses only
information relevant to the issues in the case and to avoid
cumulative testimony.
(3) Counsel should bear in mind the Court's hours and arrange for
witnesses accordingly. The Court will not recess to permit
counsel to call a missing witness unless the witness has been
subpoenaed and has failed to appear.
G. Seating:
(1) Unless otherwise requested by the parties, counsel for the
plaintiff (or United States, in a criminal matter) shall sit at the
counsel table nearest the jury, and counsel for the defendant
shall sit at the counsel table farthest from the jury.
(2) Counsel should enter and leave the courtroom only by the
Judge Keith P. Ellison
Court Procedures
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front doors and not through the Court's entrance or the side
entrances.
H. While the jury is deliberating, counsel are to remain near the courtroom to be
immediately available for jury notes or a verdict.
15. VOIR DIRE
The Court allows attorneys to conduct voir dire. The amount of time allowed will
vary depending on the case.
16. DEPOSITIONS
A. The Court will accept the parties' agreement to use a deposition at trial even
though the witness is available; otherwise, counsel should follow Fed. R. Civ.
P. 32.
B. Before trial, counsel must provide the Case Manager with a copy of any
deposition to be used at trial.
C. Counsel must designate the portion of any deposition to be read by citing
pages and lines in the Joint Pretrial Order. Objections to those portions
(citing pages and lines) with supporting authority must be filed at least three
(3) business days before trial.
D. Use of videotaped depositions is permitted if counsel edits to resolve
objections.
Judge Keith P. Ellison
Court Procedures
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17. SETTLEMENTS AND ORDERS OF DISMISSAL
A. Motions That Have been Resolved
If the parties are able to resolve a pending motion without Court intervention, they
should advise the Court immediately. The parties may do so by calling chambers at
(713) 250-5806 and stating that all parties agree that the motion has been resolved.
The Court will then deny the motion as moot.
B. Settlements
(1) If the parties are seriously contemplating settlement, they should
advise the Court by calling chambers and indicating that the Court
should postpone consideration of pending motions until the parties
advise the Court as to whether a settlement has been reached. If the
parties succeed in settling the case, they should inform the Court
immediately.
(2) An order of dismissal without prejudice to the right of any party to
move for reinstatement within 60 days will be entered on all
settlement announcements.
(3) Upon settlement of a suit involving a minor plaintiff, counsel must
jointly move for appointment of a guardian ad litem if there is
potential conflict of interest between the parent(s) and the minor. The
parties may (but are not required to) submit the names of proposed ad
litems upon whom they agree. The Court will consider any names
submitted, but may appoint as guardian ad litem a person whose
name has not been submitted by counsel. Contemporaneously with
the motion for appointment, counsel must notify the Case Manager
by letter requesting a settlement conference.
B. Orders of Dismissal
Any defendant upon whom service has not been perfected within 120 days of
the filing of the complaint will be dismissed for want of prosecution in
accordance with fed. r. civ. p. 4(m).
Judge Keith P. Ellison
Court Procedures
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ORDER TO DISCLOSE INTERESTED PERSONS
(Entered in Cases assigned to Judge Keith P. Ellison)
1. Each counsel for non-governmental parties shall file, within thirty days after
each counsel’s first entry of appearance, a certificate listing all persons,
associations of persons, firms, partnerships, corporations, guarantors, insurers,
affiliates, parent corporations, or other legal entities that are financially
interested in the outcome of the litigation. If a large group can be specified by
a general description, individual listing is not necessary. Underline the name
of each corporation whose securities are publicly traded.
2. Each such certificate of counsel shall list all persons known to counsel to be
so interested, in all sides of the case, whether represented by counsel
furnishing the certificate or not. The burden is on counsel to ascertain and
certify the true facts to the Court.
3. If new parties are added or if additional persons who are financially interested
in the outcome of the litigation are identified at any time during the pendency
of the litigation, each counsel shall promptly file an amended certificate.
4. Counsel who file or remove an action must serve a copy of this Order with the
summons and complaint or with the notice of removal.
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS
NOTICE OF THE RIGHT TO TRY
A CIVIL CASE BEFORE A MAGISTRATE JUDGE
With the consent of all parties, a United States Magistrate Judge may
preside in a civil case, including jury trial and final judgment.
The choice of trial before a magistrate judge is entirely yours. Tell only the
clerk. Neither the district judge or magistrate judge will be told until all the
parties agree.
The district judge to whom your case is assigned must approve the referral
to a magistrate judge.
You may get consent forms from the clerk.
Clerk of Court
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS
§
§
§
§ CIVIL ACTION NUMBER:
§ _______________________
versus §
§
§
§
§
CONSENT TO PROCEED BEFORE A MAGISTRATE JUDGE
All parties to this case waive their right to proceed before a district judge and
consent to have a United States Magistrate Judge conduct all further proceedings,
including the trial and judgment. 28 U.S.C. § 636 (c) .
_________________________________ ____________________________________
_________________________________ ____________________________________
ORDER TO TRANSFER
This case is transferred to United States Magistrate Judge
_______________________________________________
to conduct all further proceedings, including final judgment.
_______________ ____________________________________
Date United States District Judge
SDTX (consent mag) 7/13/98
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS
§
Plaintiff §
§
v. § CIVIL ACTION NO.
§
§
Defendant §
JOINT DISCOVERY/CASE MANAGEMENT PLAN
UNDER RULE 26(f)
FEDERAL RULES OF CIVIL PROCEDURE
Please restate the instruction before furnishing the information.
1. State where and when the meeting of the parties required by Rule 26(f) was held, and identify
the counsel who attended for each party.
2. List the cases related to this one that are pending in any state or federal court with the case
number and court.
3. Briefly describe what this case is about.
4. Specify the allegation of federal jurisdiction.
5. Name the parties who disagree and the reasons.
6. List anticipated additional parties that should be included, when they can be added, and by
whom they are wanted.
7. List anticipated interventions.
8. Describe class-action issues.
9. State whether each party represents that it has made the initial disclosures required by Rule
26(a). If not, describe the arrangements that have been made to complete the disclosures.
10. Describe the proposed agreed discovery plan, including:
A. Responses to all the matters raised in Rule 26(f).
B. When and to whom the plaintiff anticipates it may send interrogatories.
C. When and to whom the defendant anticipates it may send interrogatories.
D. Of whom and by when the plaintiff anticipates taking oral depositions.
E. Of whom and by when the defendant anticipates taking oral depositions.
SDTX (cv-15.wpd) 6/23/98
F. When the plaintiff (or the party with the burden of proof on an issue) will be able to
designate experts and provide the reports required by Rule 26(a)(2)(B), and when the
opposing party will be able to designate responsive experts and provide their reports.
G. List expert depositions the plaintiff (or the party with the burden of proof on an issue)
anticipates taking and their anticipated completion date. See Rule 26(a)(2)(B)
(expert report).
H. List expert depositions the opposing party anticipates taking and their anticipated
completion date. See Rule 26(a)(2)(B) (expert report).
11. If the parties are not agreed on a part of the discovery plan, describe the separate views and
proposals of each party.
12. Specify the discovery beyond initial disclosures that has been undertaken to date.
13. State the date the planned discovery can reasonably be completed.
14. Describe the possibilities for a prompt settlement or resolution of the case that were
discussed in your Rule 26(f) meeting.
15. Describe what each party has done or agreed to do to bring about a prompt resolution.
16. From the attorneys' discussion with the client, state the alternative dispute resolution
techniques that are reasonably suitable, and state when such a technique may be effectively
used in this case.
17. Magistrate judges may now hear jury and non-jury trials. Indicate the parties' joint position
on a trial before a magistrate judge.
18. State whether a jury demand has been made and if it was made on time.
19. Specify the number of hours it will take to present the evidence in this case.
20. List pending motions that could be ruled on at the initial pretrial and scheduling conference.
21. List other motions pending.
22. Indicate other matters peculiar to this case, including discovery, that deserve the special
attention of the court at the conference.
2
23. List the names, bar numbers, addresses and telephone numbers of all counsel.
Counsel for Plaintiff(s) Date
Counsel for Defendant(s) Date
3
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
Keith P. Ellison 515 Rusk Street
United States District Judge Houston, Texas 77002
713-250-5806
713-250-5503 Fax
NOTICE REGARDING INITIAL CONFERENCE
This notice is being issued in connection with the above referenced proceeding. We are
currently scheduled for an initial, or scheduling, conference. As a standard practice in this court, we
ask that parties try to agree to dates and deadlines and submit them in the form of a proposed
scheduling order. If the parties are able to reach an agreement, the Court will dispense with the
conference. I am attaching the standard form scheduling order, which can also be downloaded from
the court's website: www.txs.uscourts.gov.
In working through the schedule, please keep in mind that trial is normally scheduled within
eighteen months after the case is filed in, or removed to, federal court. Dispositive motions should
be filed three months prior to the trial date. In the attached proposed scheduling order, we have
included specific due dates for dispositive motions and the joint pretrial order. We have also noted
a trial date based on the guidelines stated above.
If you return the completed scheduling order one week prior to your scheduled hearing, the
conference will be cancelled. The order should be e-mailed to my Case Manager, Arturo Rivera
at
[email protected]. Alternatively, you can fax it to him at 713-250-5503.
IT IS SO ORDERED.
KEITH P. ELLISON
UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
§
vs. § C. A. No. H-
§
§
SCHEDULING/DOCKET CONTROL ORDER
Anticipated Length of Trial: ____ Days Jury:_____ Non-Jury:_____
1. NEW PARTIES shall be joined by:
The Attorney causing the addition of new parties will
provide copies of this Order to new parties.
2. EXPERT WITNESSES for the PLAINTIFF will be
identified by a report listing the qualifications of each
expert, each opinion that the expert will present, and the
basis for it. DUE DATE:
3. EXPERT WITNESSES for the DEFENDANT will be
identified by a report listing the qualifications of each
expert, each opinion that the expert will present, and the
basis for it. DUE DATE:
4. DISCOVERY must be completed by:
Written discovery requests are not timely if they are filed
so close to this deadline that the recipient would not be
required under the Federal Rules of Civil Procedure to
respond until after the deadline.
5. DISPOSITIVE AND NON-DISPOSITIVE MOTIONS
(except motions in limine) will be filed by:
(Due 90 Days Prior to Trial Date)
6. JOINT PRETRIAL ORDER and MOTIONS IN LIMINE
(The Court will fill in this date)
(Due Monday one week before trial)
7. TRIAL will begin at 9:00 a.m.
(15 Months from date case is filed)
__________________________________ ____________________________________
Date Keith P. Ellison
United States District Judge
__________________________________ ____________________________________
Date Counsel for Plaintiff(s)
__________________________________ ____________________________________
Date Counsel for Defendant(s)
PROPOSED PATENT CASE – SCHEDULING ORDER
[INSERT – CASE CAPTION]
It is hereby ORDERED, after consultation with the parties, that the following
schedule will apply in this case:
0 1/1/05 Scheduling Conference
[sample date: chosen for illustration] (see # 32 re: MEDIATION)
1 [2 weeks after Scheduling Conf.] Comply with P.R. 3-1 and P.R. 3-2: Parties to make disclosure
1/15/05 of asserted claims and preliminary infringement contentions
& make document production.
After this date, it is necessary to obtain leave of court to add
and/or amend infringement contentions, pursuant to Patent Rule
(P.R.) 3-7.
Join additional parties. It is not necessary to file a motion to join
additional parties before this date. Thereafter, it is necessary to
obtain leave of court to join additional parties.
Add new patents and/or claims for patents-in-suit. It is not
necessary to file a motion to add additional patents or claims
before this date. Thereafter, it is necessary to obtain leave of court
to add patents or claims.
2 [6 weeks after # 1] Comply with P.R. 3-3 and 3-4: Parties to serve preliminary
2/26/05 invalidity contentions and make document production.
Thereafter, it is necessary to obtain leave of Court to add and/or
amend invalidity contentions, pursuant to P.R.. 3-7.
Add any inequitable conduct allegations to pleadings. Before
this date, it is not necessary to file a motion for leave to add
inequitable conduct allegations to pleadings. Thereafter, it is
necessary to obtain leave of court to add inequitable conduct
allegations to pleadings.
3 [2 weeks after # 2] Comply with P.R. 4-1: Parties’ exchange of proposed terms and
3/12/05 claim elements needing construction.
4 [3 weeks after # 3] Comply with P.R. 4-2: Parties’ exchange of preliminary claim
4/2/05 constructions and extrinsic evidence.
Privilege Logs to be exchanged by parties (or a letter to the Court
stating that there are no disputes as to claims of privileged
documents).
5 [9 weeks after # 2; 17 weeks after Deadline to comply with P.R. 4-3: Filing of joint claim
Conf.] construction and pre-hearing statement.
4/30/05
Disclosure of parties’ claim construction experts & service of
FED . R . CIV . P . 26(a)(2) materials
6 [matches # 5] Deadline for all parties to file amended pleadings (pre-claim
4/30/05 construction). It is not necessary to file a Motion for Leave to
Amend before the deadline to amend pleadings. (It will be
necessary to file a Motion for Leave to Amend after this deadline.)
NOTE: If the amendment would affect preliminary infringement
contentions or preliminary invalidity contentions, a motion must
be made pursuant to P.R. 3-7 irrespective of whether the
amendment is made prior to this deadline.
7 [22 weeks after Scheduling Conf.] Each party to provide name, address, phone number, and
6/4/05 curriculum vitae for up to three (3) candidates for a court-
appointed special master (see FED . R. CIV . P. 53) or court-
appointed expert (see FED . R. EV . 706), with information
regarding the nominee’s availability for Markman hearing or other
assignments as deemed necessary by the court. The parties shall
indicate if they agree on any of the nominees.
8 [22 weeks after Scheduling Conf.; Deadline for parties (optional) to provide Court with written
generally matches # 7] tutorials concerning technology involved in patent in issue. If
6/4/05 a special master or court-appointed expert is hereafter selected, the
parties will provide each tutorial to the master or expert.
9 [2 weeks after # 6; generally 19 weeks Responses to amended pleadings due.
after Scheduling Conf.] 5/14/05
10 [2 weeks after # 9; 21 weeks after Discovery deadline on claim construction issues (see P.R. 4-4)
Scheduling Conf.] 5/28/05
11 [7 weeks after # 5; 3 weeks after # 10; Comply with P.R. 4-5(a): the party claiming patent
generally 24 weeks after Scheduling infringement must serve and file a Claim Construction Opening
Conf.] Brief with its supporting evidence. The moving party is to provide
6/18/05 the Court with 2 copies of the binders containing their Opening
Brief and exhibits. If a special master or court-appointed expert
has been appointed, the moving party must provide the Opening
Brief on disk or CD along with a hard copy, tabbed and bound in
notebook format with exhibits, to the special master or court-
appointed expert.
12 [2 weeks after # 11] Comply with P.R. 4-5(b): Responsive Brief and supporting
7/2/05 evidence due to party claiming patent infringement. The
moving party is to provide the Court with two (2) courtesy copies
of the Responsive Brief and exhibits. If a special master or court-
appointed expert has been appointed, the nonmoving party must
supply a copy of its Response on disk or CD along with a hard
copy, tabbed and bound in notebook format with exhibits, to the
special master or court-appointed expert.
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13 [1 week after # 12] Comply with P.R. 4-5(c): Party claiming infringement shall file
7/9/05 a Reply Brief and supporting evidence on claim construction.
The moving party is to provide the Court with two (2) copies of
the Reply Brief and exhibits.
If a special master or court-appointed expert has been appointed,
the moving party must provide the Reply Brief on disk or CD
along with a hard copy, tabbed and bound in notebook format with
exhibits, to the special master or court-appointed expert.
Parties to file a notice with the Court stating the estimated
amount of time requested for the Claim Construction (Markman)
Hearing. The Court will notify the parties if it is unable to
accommodate this request.
14 [1 week before Markman Hearing] Parties to submit Claim Construction Chart in WordPerfect 8.0
8/6/05 (or higher) format in compliance with P.R. 4-5(d).
15 [approx. 15 weeks after # 5; approx. 5 Claim Construction (Markman) Hearing at ____ _.m. at the
weeks after # 13; 32 weeks after United States District Court, 515 Rusk Street, Courtroom 9-F,
Scheduling Hrg.] Houston, Texas
8/13/05
16 [Markman ruling within 6 weeks after Court’s Decision on Claim Construction (Markman Ruling)
Markman hearing] (If ruling is late, parties may seek amendment of remaining
9/24/05 dates in Scheduling Order.)
17 [4 weeks after Markman Ruling (# 16)] Deadline for final infringement contentions and to amend
10/22/05 pleadings on infringement claims
NOTE: Except as provided in P.R. 3-6, if the amendment would
affect preliminary or final infringement contentions, a motion must
be made under P.R. 3-7 irrespective of whether the amendment is
made before this deadline.
18 [6 weeks after Markman Ruling (# 16); Deadline for final invalidity contentions and to amend
2 weeks after # 17] pleadings on invalidity claims.
11/5/05 NOTE: Except as provided in P.R. 3-6, if the amendment would
affect preliminary or final invalidity contentions, a motion must
be made under P.R. 3-7 irrespective of whether the amendment is
made before this deadline.
19 [matches # 17; ~10.5 mos. after Comply with P.R.3-8. All parties furnish documents and
Scheduling Conf.] 10/22/05 privilege logs pertaining to willful infringement.
20 [4 weeks after # 19 ] [~ 8 weeks after Date for designation of expert witnesses on non-construction
Markman Ruling (# 16) and ~11.5 issues on which the party has the burden of proof (“BOP”) and
mos. after Scheduling Conf.)] service of expert witness reports.
11/19/05 [Refer to Fed. Rules of Civil Proc. for information required.]
21 [4 weeks after # 20] Date for designation of responsive expert witnesses on non-
12/17/05 claim construction issues on which party does not have BOP,
and service of responsive expert witness reports. [Refer to Fed.
Rules of Civil Proc. for information required.]
3
22 [8 weeks after # 21, ~ 5 mos. after Discovery Deadline on all issues.
Markman Ruling (# 16), and ~14.5
mos. after Sched. Conf.] (If ruling is late, parties may seek amendment of remaining
2/11/06 dates in Scheduling Order.)
23 Motions due: 3/11/06 [4+ weeks after Dispositive and Non-Dispositive Motions
# 22] and
Responsive Briefs due (3 wks): 4/1/06 Briefing deadlines
Reply Briefs due (1 wk): 4/8/06
24 [~ 8 weeks. after motions in # 23 filed; Court’s ruling on all pending motions
~17 mos. from Sched’l’g Conf.]
5/6/06
25 [4 weeks after # 24; at least 2 weeks Joint Pretrial Order due including all components required by
before Docket Call] Local Rules and this Court’s Procedures (such as witness lists,
6/3/06 exhibit lists and copies of exhibits (see # 29 below), and (a) in
bench trials, proposed findings of fact and conclusions of law with
citation to authority and (b) for jury trials, joint proposed jury
instructions with citation to authority, and proposed verdict form).
Statement of Expected Length of Trial: _____ days (~6 hours
with jury per day).
26 [same day as JPTO (# 25) – but filed Written notice due for request for daily transcript or real time
separately] 6/3/06 reporting of trial proceedings.
27 [Same day as JPTO (# 25)] Video and Deposition Designations due.
6/3/06 Each party who proposes to offer a deposition by video must file
a disclosure identifying the line and page numbers to be offered.
All other parties will have 1 week to file a response requesting
cross designation line and page numbers to be included.
Each party is responsible for preparation of the final edited
video in accordance with their parties’ designations and the
Court’s rulings on objections.
28 [same day as JPTO (# 25)] Motions in Limine due.
6/3/06
29 [1 week after JPTO filed (# 25)] Objections to opponents’ proposed witnesses, proposed exhibits,
6/10/06 designated deposition testimony, and any other matters due.
30 [1 day before Docket Call – 3 p.m.] The parties are directed to confer and advise the Court about (a)
6/17/06 which limine requests the parties agree to.
31 [18.5 mos. after Scheduling Conf.; ~20 9:00 a.m. Docket Call/ Final Pretrial Conference at the United
mos. after case filed] 6/18/06 States District Court, 515 Rusk Street, Houston, Texas.
4
32 MEDIATION is required The Court refers most patent cases to mediation.
prior to Docket Call, The parties should discuss proposed mediators
6/17/06 and timing of mediation prior to the Scheduling
Co nf er en ce a nd b e p re pa re d w i t h
recommendations for the Court.
Mediation to be completed by this date. The parties must select
a mediator for this case. The parties and mediator must comply
with S.D. TEXAS LOCAL RULE 16.
33 [generally, the first day of jury trial] 9:00 a.m. JURY SELECTION at the United States District Court
~ July, 2006
34 [Generally same date as jury selection JURY TRIAL (9:30 a.m.) commences, subject to Court’s criminal
# 33] ~ July, 2006 docket
OTHER REQUIREMENTS and LIMITATIONS:
(a) All depositions to be read into evidence as part of the parties’ case-in-chief must be
EDITED (with notice to opposing parties) to exclude all unnecessary, repetitious, and
irrelevant testimony. ONLY those portions relevant to the issues in controversy may be read
into evidence.
(b) The Court will refuse to entertain any motion to compel discovery filed after the date of this
Order unless the movant advises the Court within the body of the motion that counsel for the
parties have first conferred in a good faith attempt to resolve the matter. See Southern
District of Texas Local Rules 7.1, 7.2.
(c) The following excuses will neither warrant a continuance nor justify a failure to comply
with the discovery deadline:
(i) the fact that there are motions for summary judgment or motions to dismiss pending;
(ii) the fact that one or more of the attorneys is set for trial in another court on the same
day, unless the other setting was made prior to the date of this order or was made as
a special provision for the parties in the other case;
(iii) the failure to complete discovery prior to trial, unless the parties can demonstrate
that it was impossible to complete discovery despite their good faith effort to do so.
(d) Exhibits
(i) Each party must provide the Court with a courtesy copy of exhibits and exhibit lists.
The presiding judge’s preferred format for Exhibit Lists is available on the Court’s
website at www.txs.uscourts.gov under Court Procedures.
(ii) If exhibits are voluminous, provide only specific pages that pertain to the issues on
the two courtesy copies. The original exhibits that are agreed upon by the parties,
should be ready to be tendered to the Clerk of the Court at the beginning of trial.
5
Other exhibits that are admitted during trial should be tendered to the Clerk of the
Court immediately after admission.
(iii) The parties are to label all proposed exhibits with the following information on each
label: Designation of Plaintiff’s or Defendant’s Exhibit Number and Case Number.
For example:
Plaintiff’s Exhibit Defendant’s Exhibit
Exhibit No. ______________ Exhibit No. _______________
Case No. ________________ Case No. _________________
SIGNED at Houston, Texas, this ___ day of _______________, 200_.
_________________________________
[JUDGE’S NAME]
UNITED STATES DISTRICT JUDGE
6
OAO 187 (Rev. 7/87) Exhibit and Witness List
UNITED STATES DISTRICT COURT
Southern DISTRICT OF Texas
EXHIBIT AND WITNESS LIST
V.
Case Number:
PRESIDING JUDGE PLAINTIFF’S ATTORNEY DEFENDANT’S ATTORNEY
TRIAL DATE (S) COURT REPORTER COURTROOM DEPUTY
PLF. DEF. DATE ADMITTE
MARKED DESCRIPTION OF EXHIBITS* AND WITNESSES
NO. NO. OFFERED D
* Include a notation as to the location of any exhibit not held with the case file or not available because of size.
Page 1 of Pages
OAO 187A (Rev. 7/87) EXHIBIT AND WITNESS LIST – CONTINUATION
CASE NO.
vs.
PLF. DEF. DATE
MARKED ADMITTED DESCRIPTION OF EXHIBITS AND WITNESSES
NO. NO. OFFERED
Page of Pages
