Judge Robert W. Schroeder III
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Filings > 5 pages
- Upon Filing
Page & Word Limits3 rules
Machine summary. Not checked yet.Mandatory?
An opposed discovery related motion, or any response thereto, shall not exceed 7 pages. Attachments to a discovery related motion, or a response thereto, shall not exceed 5 pages. No further briefing is allowed absent a request or order from the Court.
Summary: Discovery motions and responses limited to 7 pages; attachments limited to 5 pages; no further briefing without court order.
Discovery Motion
7 pages
Discovery Response
7 pages
5 pages
Machine summary. Not checked yet.Mandatory?
limiting any motion or response to no more than 7 pages of briefing and 5 pages of attachments (all of which must comply with the spacing and type requirements of the Local Rules).
Summary: Discovery motions and responses are limited to 7 pages of briefing and 5 pages of attachments.
Brief
7 pages
Applies to: Attorney
Attachments
5 pages
Applies to: Attorney
Machine summary. Not checked yet.Note?
Counsel shall promptly notify the Court of the results of that meeting by filing a joint report of no more than 2 pages.
Summary: Joint report of meet and confer results limited to 2 pages.
Joint Report
2 pages
Applies to: Attorney
Document Filing Requirements18 rules
Machine summary. Not checked yet.Mandatory?
Where a party conducts a mock jury trial, focus group, or similar study in which participants reside in the division where the case is pending, the party IS ORDERED to apply the following procedures:
Summary: Parties must follow specific procedures when conducting mock jury studies in the division where the case is pending.
Document Type
Mock Jury Study
Machine summary. Not checked yet.Mandatory?
The party or parties who commission the study shall retain, to the extent practicable, the name and address of each participant in the study.
Summary: Parties must retain names and addresses of mock jury study participants.
Document Type
Mock Jury Study
Machine summary. Not checked yet.Mandatory?
Upon receipt of any jury list, the party or parties who commissioned the study shall immediately cross-reference the jury list with the identities of the participants and advise all other parties to the case and the Court of any prospective juror who participated in any study.
Summary: Parties must cross-reference jury list with study participants and notify court of any matches.
Document Type
Mock Jury Study
Machine summary. Not checked yet.Mandatory?
If the case is not disposed of by settlement or otherwise, the party or parties who commissioned the study shall advise all other parties to the case, as well as the Court, in writing, that such a study occurred. Such notice shall be provided at least 10 days before the pre-trial conference.
Summary: Parties must notify all parties and court in writing about mock jury study at least 10 days before pre-trial conference.
Document Type
Mock Jury Study
Machine summary. Not checked yet.Mandatory?
Before jury selection, the party or parties who commissioned the study shall provide the names and addresses of all participants in the study to the Court in camera.
Summary: Parties must provide names and addresses of all study participants to court in camera before jury selection.
Document Type
Mock Jury Study
Machine summary. Not checked yet.Mandatory?
the Court ORDERS the plaintiff to provide a separate proposed Final Judgment when the plaintiff is seeking to dismiss the last remaining defendant.
Summary: Plaintiff must provide a separate proposed Final Judgment when dismissing the last remaining defendant.
Document Type
Final Judgment
Machine summary. Not checked yet.Mandatory?
The proposed Final Judgment shall comply with the format described in Local Rule CV-7(a) and reference the order(s) dismissing each defendant, such that the Final Judgment records the manner of dismissal of each defendant in the action.
Summary: Proposed Final Judgment must follow Local Rule CV-7(a) format and reference each defendant's dismissal order.
Document Type
Final Judgment
Machine summary. Not checked yet.Mandatory?
The proposed order shall comply with the format described in Local Rule CV-7(a), clearly indicate whether the dismissal is with or without prejudice, and, if applicable, provide that any pending requested relief is denied as moot.
Summary: Proposed dismissal order must follow Local Rule CV-7(a) format, state whether dismissal is with or without prejudice, and note that pending relief is denied as moot if applicable.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
the Court ORDERS that any request for dismissal under Rule 41, whether by notice, stipulation, or motion, include a proposed order dismissing the action.
Summary: Any Rule 41 dismissal request must include a proposed order.
Document Type
Dismissal Request
Machine summary. Not checked yet.Mandatory?
if the parties have legitimate disputes on which they cannot agree, they shall file a motion—in accordance with Local Rule CV-54—indicating their areas of disagreement with specificity.
Summary: Motion for Bill of Costs must indicate areas of disagreement with specificity.
Document Type
Motion For Bill Of Costs
Machine summary. Not checked yet.Mandatory?
Any such request must demonstrate: a) that the information sought to be protected is of such a sensitive nature that its disclosure creates a risk of harm that outweighs the strong presumption in favor of public access to judicial proceedings; and b) that the parties have met and conferred in good faith concerning the manner in which the sensitive information will be presented at the hearing or at trial, with the goal of minimizing the need to seal the record and the courtroom.
Summary: Sealing requests must demonstrate sensitivity outweighing public access and include a certificate of conference.
Document Type
Motion To Seal
Machine summary. Not checked yet.Mandatory?
Except for requests to redact information referenced in Fed. R. Civ. P. 5.2(a), requests to seal or protect information after its public disclosure at a hearing or trial must, in addition to the preceding requirements, show good cause why the motion was not made in advance of the disclosure.
Summary: Post-disclosure sealing requests must additionally show good cause for not requesting sealing before disclosure.
Document Type
Post Disclosure Sealing Request
Machine summary. Not checked yet.Mandatory?
any such request must demonstrate: a) that the information sought to be protected is of such a sensitive nature that its disclosure creates a risk of harm that outweighs the strong presumption in favor of public access to judicial proceedings; and b) that the parties have met and conferred in advance and in good faith concerning the manner in which the sensitive information will be presented at the hearing or at trial, with the goal of minimizing the need to seal the record and the courtroom.
Summary: Sealing motions must demonstrate compelling reasons and that parties met and conferred in advance.
Document Type
Motion To Seal
Machine summary. Not checked yet.Mandatory?
The Court ORDERS that the Plaintiff in each case file a notice that the case is ready for scheduling conference when all of the Defendants have either answered or filed a motion to transfer or dismiss. The notice shall be filed within five days of the last remaining Defendant's answer or motion. The notice shall include a list of any pending motions. For patent cases, the notice shall also include: (1) a list of any related cases previously filed in the Eastern District of Texas involving the same patent(s) or related patent(s); (2) the patent numbers for this case and any related case; and (3) the dates of any future Markman Hearing and/or Trial for related cases.
Summary: Plaintiff must file notice of readiness for scheduling conference within 5 days after all defendants answer or file motion to transfer/dismiss, including pending motions and patent-specific information.
Document Type
Notice Of Readiness
Machine summary. Not checked yet.Mandatory?
the parties shall jointly file a motion with the Court styled as follows: Joint Motion To Stay All Deadlines and Notice of Settlement. Such joint motion SHALL (1) affirmatively state that all matters in controversy between the parties have been settled in principle, (2) provide the general terms and amount of the settlement, (3) request that the Court stay for some specific and reasonable period of time, up to 30 days, the unreached deadlines contained in the Court’s Docket Control Order, or stay the entry of a Docket Control Order if one has yet to be entered, so that appropriate dismissal papers may be submitted and (4) stipulate that if any issues arise in formalizing the settlement papers, the parties agree to submit such issues to the Court for final resolution. The parties may request a stay for greater than 30 days if good cause is shown.
Summary: Upon settlement, parties must file a Joint Motion To Stay All Deadlines and Notice of Settlement with specific content including express settlement statement, terms, stay request (up to 30 days, or longer with good cause), and stipulation.
Document Type
Joint Motion To Stay
Machine summary. Not checked yet.Mandatory?
A motion indicating that the parties are communicating about settlement but one which stops short of an express indication that the matters in controversy have, in fact, settled will not ordinarily support an order staying the existing deadlines. Other filings (such as and for example only—a mere notice of settlement) shall not be adequate to comply with this Order or to secure a stay of existing deadlines. Such noncompliant filings shall not support later requests to reset missed deadlines or otherwise amend the Docket Control Order.
Summary: Only a joint motion with express settlement indication will support a stay; a mere notice of settlement or communication-only motion is inadequate and will not support later deadline adjustments.
Document Type
Notice Of Settlement
Machine summary. Not checked yet.Important?
changes to the lead attorney designation must be accomplished by motion and order.
Summary: Changes to the lead attorney designation require a motion and order.
Document Type
Motion To Change Lead Attorney
Machine summary. Not checked yet.Important?
In consolidated cases, the proposed Final Judgment need only be filed when the final lead or member defendant is dismissed. In such instances, the proposed Final Judgment shall be filed in the lead case and clearly indicate each member defendant's dismissal.
Summary: In consolidated cases, proposed Final Judgment is required only when the last lead or member defendant is dismissed, and must be filed in the lead case indicating each member defendant's dismissal.
Document Type
Final Judgment
Filing & Service rules
Courtesy Copy Requirements
Parties exempt from Local Rule CV-5(a)(9) courtesy copy requirement; courtesy copies to be delivered only as per the Court's Docket Control Order.
Parties are exempt from complying with Local Rule CV-5(a)(9), which requires the filing party to provide the presiding judge with paper copies of all electronically-filed documents over five pages in length. IT IS ORDERED that courtesy paper copies SHALL only be delivered to chambers as outlined in the Court’s sample Docket Control Order.
Machine summary. Not checked yet. · Civil cases
Page 1 | EXEMPTION ORDER TO LOCAL RULE CV-5(a)(9) RE COURTESY PAPER COPIES OF ELECTRONICALLY-FILED DOCUMENTS IN CASES PENDING BEFORE JUDGE ROBERT SCHROEDER
Sealing & Redaction Procedures
Sealing requests must be made before public disclosure of confidential or proprietary information.
Requests to seal or otherwise protect certain information of a confidential and/or proprietary nature from public disclosure during a hearing or trial should be made before the public disclosure of the information.
Machine summary. Not checked yet. · Civil cases
Page 1 | REGARDING PROTECTION OF PROPRIETARY AND/OR CONFIDENTIAL INFORMATION TO BE PRESENTED TO THE COURT DURING MOTION AND TRIAL PRACTICE
Sealing requests must be made before public disclosure of the information at hearing or trial.
The above standing order makes clear that requests to seal or otherwise protect information from public disclosure during a hearing or trial should be made before the public disclosure of the information.
Machine summary. Not checked yet. · Civil cases
Page 4 | When Should the Request Be Made?
Post-disclosure sealing requests require good cause showing why not made in advance.
Requests to seal or protect information after its public disclosure at a hearing or trial are not prohibited, but must, in addition to the normal requirements, show good cause why the motion was not made in advance of the disclosure. Failing a clear showing of good cause such requests should be denied.
Machine summary. Not checked yet. · Civil cases
Page 4 | When Should the Request Be Made?
If settlement terms are confidential, the motion may be filed under seal with a Certificate of Authorization to File Under Seal referencing this Standing Order.
If settlement terms are deemed “Confidential,” the Notice may be filed under seal by including a Certificate of Authorization to File Under Seal referencing this Standing Order. See Local Rule CV-5(a)(7)(A).
Machine summary. Not checked yet. · Civil cases
Page 1 | STANDING ORDER REGARDING PROPER NOTIFICATION OF SETTLEMENT TO THE COURT IN CASES PENDING BEFORE JUDGE ROBERT SCHROEDER
Pre-Motion Conference Requirements
Parties must comply with Local Rule CV-7(h) and (i) conference requirements before filing any discovery motion.
Prior to filing any discovery related motion, the parties must fully comply with the substantive and procedural conference requirements of Local Rule CV-7(h) and (i).
Machine summary. Not checked yet. · Civil cases
Page 1 | REGARDING CASES ASSIGNED TO U.S. DISTRICT JUDGE RODNEY GILSTRAP AND U.S. DISTRICT JUDGE ROBERT W. SCHROEDER III STANDING ORDER REGARDING “MEET AND CONFER” OBLIGATIONS RELATING TO DISCOVERY DISPUTES
A personal conference between lead and local counsel is required before filing any discovery-related motion.
the order still requires a personal conference between lead and local counsel before the filing of any discovery related motion
Machine summary. Not checked yet. · Civil cases
Page 3 | Alternatives to the In-Person Conference Requirement for Discovery Disputes
Before filing a Motion for Bill of Costs, parties must submit proposed bill to opposing counsel, meet and confer, attempt to agree, and if unable, file a motion specifying areas of disagreement.
before any party files a Motion for Bill of Costs, they should submit their proposed bill of costs to opposing counsel for review in light of the applicable law. Further, if there are any areas of disagreement, the parties shall meet, confer, and be prepared to compromise, making every effort to submit an 'agreed' bill of costs to the Court. However, if the parties have legitimate disputes on which they cannot agree, they shall file a motion—in accordance with Local Rule CV-54—indicating their areas of disagreement with specificity.
Machine summary. Not checked yet. · Civil cases
Page 1 | Standing Order
If the court sets a discovery motion for hearing, lead and local counsel must confer again within 72 hours and file a joint report.
Should the court choose to set the motion for hearing, within 72 hours each party’s lead attorney and local counsel must confer again, without the involvement or participation of other attorneys, in an effort to resolve the dispute without court intervention and then file a joint report.
Machine summary. Not checked yet. · Civil cases
Page 4 | Alternatives to the In-Person Conference Requirement for Discovery Disputes