Western District of Texas Filing Bundling Requirements

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Civil cases

In all patent cases pending before the undersigned or referred magistrate judge, the parties are directed to jointly file the Case Readiness Status Report (“CRSR”) in the format attached as Appendix B: (a) within 7 days after the Defendant (or at least one Defendant among a group of related Defendants sued together) has responded to the initial pleadings in cases where there are no CRSR Related Cases, or (b) when there are CRSR Related Cases, within 7 days after the last Defendant (or last Defendant group when at least one Defendant among the group has responded) among the CRSR Related Cases has responded to the initial pleadings.

Summary: CRSR must be jointly filed by all parties.

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Required

Always ?

All files must be submitted based on the deadline set by the presiding Judge or CRD associated with your case. Your timeliness in submitting these files will assist the Court in preparing for the trial. Exhibits submitted that do not meet the Court’s requirements will be returned for correction.

Summary: Exhibits must be submitted by judge-set deadline or will be returned.

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Required

Always ?

All files must be provided on a single storage device such as a USB, CD or DVD.

Summary: All files must be provided on a single storage device (USB, CD, or DVD).

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

The following information shall be completed jointly by the parties in one document, signed by the participating parties or authorized representatives, and filed into the record by the plaintiff: Local Court Rule CV-16(e)(2)-(6), (e)(10) & (f)(1)-(2) (reproduced below).

Summary: The parties must jointly complete one document containing the specified information, obtain signatures from participating parties or authorized representatives, and have the plaintiff file it.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Additionally, the parties should meet, confer, and submit a joint proposed set of jury instructions and verdict forms two weeks before the scheduled pretrial conference or trial if a pretrial conference is not set. Any instruction that counsel cannot agree upon should be submitted separately with appropriate citations to controlling authority supporting those instructions.

Summary: The parties should submit agreed jury instructions jointly; disputed instructions should be submitted separately with supporting citations to controlling authority.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

All submissions should be submitted simultaneously.

Summary: All pretrial submissions should be submitted simultaneously.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Do not combine a motion to dismiss and an answer in one filing.

Summary: A motion to dismiss and an answer must not be combined in one filing.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Similarly, do not combine a response and a motion in one filing.

Summary: A response and a motion must not be combined in one filing.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

In general, do not combine motions in one filing unless the motions are of the same type but seek alternative relief, such as a motion to dismiss for lack of jurisdiction under Rule 12(b)(1) or alternatively for failure to state a claim under Rule 12(b)(6).

Summary: Motions generally must not be combined in one filing, except when motions of the same type seek alternative relief.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Dispositive and non-dispositive motions should not be combined.

Summary: Dispositive and non-dispositive motions should not be combined in one filing.

Not confirmed. Read the court's wording below.WARNING?

Civil cases

A motion to dismiss should not be characterized as a motion for summary judgment in the alternative.

Summary: A motion to dismiss must not be characterized as a motion for summary judgment in the alternative.

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Civil casesProposed or draft document; may not be in force

encourages counsel to agree upon joint exhibits to avoid duplication.

Summary: Counsel are encouraged to agree on joint exhibits to avoid duplication.

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The Court prefers to manage separate cases that are filed concurrently by the same plaintiff and involve allegations of infringement of the same patent, as a group.

Summary: Court prefers to manage related patent cases as a group.