Category Archives: Practice Tips

Two Practice Tips

I recently came across two (non-N.D. Tex.) decisions, both involving the same well-known defendant. The decisions highlight two useful reminders. First, be sure to study the applicable local rules and any presiding judge’s individual rules of practice. In the first … Continue reading

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Goodbye, Federal Rules’ Extra 3 Days Due To E-Mail/Electronic Service

On December 1, 2016, the Federal Rules of Civil Procedure were amended (amendments available here). Of most importance to civil federal-court practitioners is that the amendments eliminated the extra 3 days previously added onto a deadline for responding to discovery … Continue reading

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Lesson From The Fifth Circuit – Don’t Wait To Spring Your Best Evidence On Your Opponent At A Deposition

On December 12, 2016, the Fifth Circuit Court of Appeals upheld a district-court decision sanctioning two attorneys ($1,000 each) for “certifying that their clients’ initial disclosures under Federal Rule of Civil Procedure 26(a)(1) were complete and correct even though the … Continue reading

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Magistrate Judge Tolliver Issues Order Denying Discovery Extension and Motion to Compel Based on Defendants’ Delay

On December 4, 2015, Magistrate Judge Toliver issued an Order (available here) in the S-Line v. B2B Supply case. Defendants sought an extension of time to complete discovery and also an order compelling plaintiff to respond to discovery. The case … Continue reading

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Mere Employees of Adverse Parties Must Be Subpoenaed To Sit For Deposition

Magistrate Judge Horan’s decision in Jackson v. Stevens Transp., Inc., 3:14-CV-1416-M, 2015 WL 221087 (N.D. Tex. Jan. 15, 2015), notes the rule that, in general, employees of one’s opponent must be subpoenaed to sit for deposition, absent the opponent’s agreement … Continue reading

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Generally, No Sur-Replies Are Permitted In The Northern District Of Texas

As Judge Means recently noted in Highmark v. Allcare (decision available here), sur-replies are generally not permitted in the Northern District of Texas: Under the local rules, the movant is generally entitled to have the final word. See N.D. Tex. … Continue reading

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File Your Motions To Compel Prior To The Close Of Discovery

Judge O’Connor issued an Order (available here) in Williams-Pyro v. Warren Watts Technology denying a motion to compel because it was not filed during the discovery period. Judge O’Connor stated: “Motions to compel are untimely if filed after the deadline … Continue reading

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Make Sure To File A Reply Brief

I just came across Judge Lindsay’s Order in Martin v. Trend Personnel Services (available here), which provides two pieces of important guidance: 1. File a reply brief: “The court notes that Defendants filed no reply. A reply should always be filed, … Continue reading

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Improperly Redacted Document Leads to Unsealing Order

I previously wrote about how documents are often improperly redacted (from a technical perspective). In the decision available here, the Court held that, when documents have been filed in an unredacted form (because they were not properly redacted), they are no … Continue reading

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Magistrate Judge Ramirez Issues Findings, Conclusions and Recommendation On Exceptional Case/Attorney’s Fees Motion

In H-W Technology v. Overstock.com, defendant filed a motion for requesting exception case finding and an award of attorney’s fees. Judge Ramirez recommended the denial of this motion (decision available here). Judge Ramirez’s decision contains a good discussion of the … Continue reading

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