Eastern District of Texas Adjournment & Extension Requirements

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Civil cases

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Motion

(b) Counsel may, by motion, request that the deadline be extended for a defendant to answer the complaint or file a motion under FED. R. CIV. P. 12(b).

Summary: Extensions for answering complaints or filing Rule 12(b) motions must be requested by motion.

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Civil cases

(c) No requests for extensions of deadlines may be made by application to the clerk.

Summary: Extension requests cannot be made by application to the clerk.

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that party shall promptly provide notice of such relevant determination and identification of the related motion(s) by filing a formal notice with the Court within three (3) days.

Summary: Notice must be filed within 3 days of learning of relevant determination

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Any person who has tested positive for COVID-19 within the prior five (5) days is prohibited from entering the Courthouse during the CDC recommended quarantine and isolation period.

Summary: Persons who tested positive for COVID-19 within 5 days are prohibited from entering the Courthouse.

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Civil cases

The Court hereby ORDERS that Defendants in every case shall first use the procedure set in place by Local Rule CV-12 regarding filing an Application for Extension of Time to Answer with the Clerk’s office rather than filing a Motion for Extension of Time: LOCAL RULE CV-12 Filing of Answers and Defenses An attorney may, by motion, request that the deadline be extended for a defendant to answer the complaint or file a motion under Fed. R. Civ. P. 12(b). Unless otherwise ordered by the court, where the requested extension: (1) is not opposed; and (2) is not more than thirty days and does not result in an overall extension of the defendant’s deadline exceeding forty-five days, the request shall be by application to the clerk, not motion. The application shall be acted upon with dispatch by the clerk on the court’s behalf, and the deadline to . answer or otherwise respond is stayed pending action by the clerk.

Summary: Defendants must use the Local Rule CV-12 application procedure for extensions of time to answer, which requires the extension to be unopposed, not more than 30 days, and not result in an overall extension exceeding 45 days. The deadline to answer is stayed pending clerk action.

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Civil cases

The Court further ORDERS that no additional extensions of time will be granted after a party exhausts the forty-five day deadline absent a showing of good cause.

Summary: No additional extensions of time to answer will be granted after the 45-day deadline without a showing of good cause.

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Civil cases

Defendants in every case shall first use the procedure set in place by Local Rule CV-12 regarding filing an Application for Extension of Time to Answer with the Clerk's office rather than filing a Motion for Extension of Time.

Summary: Defendants must file an application to the clerk (not a motion) for extensions of time to answer, per Local Rule CV-12.

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Civil cases

no additional extensions of time will be granted after a party exhausts the forty-five day deadline absent a showing of good cause.

Summary: No further extensions beyond the 45-day total deadline unless good cause is shown.

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Civil cases

The case is SET for a Rule 16 management conference on [insert date: 50 days after date of this Order], in Courtroom #2, Jack Brooks Federal Building, 300 Willow Street, Beaumont, Texas. Lead counsel for each party, with authority to bind their respective clients, and all unrepresented parties, shall be present. Continuance of the management conference will not be allowed absent a showing of good cause.

Summary: Rule 16 management conference set for 50 days after order, no continuances without good cause.

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Civil cases

All other parties will have seven calendar days to serve a response with any objections and requesting line and page numbers to be included in the video.

Summary: 7-day response period for video deposition objections

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Motions for extending the discovery or motion deadline must be filed far enough in advance of the deadline to enable opposing counsel to respond before the deadline.

Summary: Extension motions must be filed early enough to allow opposing counsel time to respond before the deadline.

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Motions for extension of deadlines or cut-off dates are not emergencies.

Summary: Motions for extension of deadlines or cut-off dates are not considered emergencies.

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Civil cases

Good cause must be shown to submit letter briefs after the deadline outlined above.

Summary: Late submission of letter briefs requires showing of good cause.

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Civil cases

The following will not warrant a continuance nor justify a failure to comply with the discovery deadline: (a) The fact that there are motions for summary judgment or motions to dismiss pending; (b) 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; (c) 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.

Summary: Certain circumstances do not justify continuances or discovery deadline failures.

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Civil cases

Continuance of the management conference will not be allowed absent a showing of good cause.

Summary: Continuance of the Rule 16 management conference requires a showing of good cause.