Category: Northern District Practice Tips
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Make Sure to Follow The Local Rules Or Risk Having Your Motion Denied
I recently came across an interesting Order from Senior Judge Sam Cummings in Medshare Technologies, Inc. v. Commonwealth Capital Corp. (available here). Defendants filed a Motion to Strike, for More Definite Statement, and Motion to Dismiss for Failure to State a Claim. Seven days later, the Court denied the motion because it lacked a certificate of…
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Northern District Implements Two Modifications Affecting The Electronic Record on Appeal
The Clerk of the Northern District of Texas recently announced that, “[u]nder the direction of the Fifth Circuit Court of Appeals, the Northern District of Texas has implemented two key modifications that will impact the electronic record on appeal.” Specifically, with respect to hearing/trial exhibits: The Fifth Circuit requires the electronic record on appeal to include…
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Magistrate Judge Horan’s Heller v. City of Dallas Opinion: Laying Down the Law With Respect to Discovery Responses
Late last year, Magistrate Judge Horan issued a 62 page opinion (available here) in Heller v. City of Dallas, 303 F.R.D. 466 (N.D. Tex. 2014). The opinion is notable in many respects, as it provides important guidelines that should be followed when responding to discovery requests in the Northern District of Texas. Below are what I…
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Chief Judge Fitzwater Denies Mark Cuban’s Motion For Use Of Jury Questionnaire And Additional Attorney Voir Dire
On September 10, 2013, Chief Judge Fitzwater issued an order (available here) that denied Mark Cuban’s motion for use of jury questionnaire and additional attorney voir dire. Cuban had requested “that the court permit a brief written jury questionnaire and permit both parties’ attorneys to conduct 30 minutes of voir dire” or, alternatively, “60 minutes…
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Importance of Local Counsel in Northern District of Texas
On July 18, 2013, Judge Kinkeade issued an Order (available here) in Long Range Systems v. HME Wireless. The Order reads in relevant part: Before the court is Defendant HME Wireless, Inc.’s Opposed Expedited Motion to Strike Declaration of Michael Ian Shamos, PhD., in Support of Plaintiff Long Range Systems, LLC’s Opening Claim Construction brief,…
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Judge Solis Reverses Course, Grants Motion to Withdraw as Counsel in Galaxy Powersports Case
Last July, we wrote about a motion to withdraw as counsel that Judge Solis denied in his Galaxy Powersports case. There, Judge Solis denied the motion to withdraw and directed defendant’s counsel to respond to the plaintiff’s anticipated summary judgment motion. On September 27, 2012, Judge Solis issued an Order (available here), granting the defendant’s…
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Judge Means Issues Important Patent Pilot Order
As we previously noted, the Northern District of Texas is participating in a patent pilot program, whereby three judges in the Northern District of Texas (Judges Lynn, Godbey and Kinkeade) are hearing all patent cases filed in the Northern District of Texas, Dallas Division. Judge Means (of the Northern District of Texas, Fort Worth Division)…
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Judge Ferguson Denies Motion for Clarification in General Electric v. Mitsubishi
On August 6, 2012, Judge Ferguson issued an Order (available here) denying General Electric’s motion for clarification in General Electric v. Mitsubishi. Judge Ferguson had, in connection with the upcoming inequitable conduct bench trial in this patent infringement case, directed the parties to “submit in writing the direct testimony to be offered in evidence no…
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Magistrate Judge Ramirez Issues Important Patent Infringement Contentions Decision
On August 2, 2012, Magistrate Judge Ramirez issued “findings, conclusion, and recommendation” in H-W Technology v. Apple, Inc. et al relating to H-W Technology’s infringement contentions (decision available here). Defendant Google had filed a motion to strike H-W Technology’s supplemental infringement contentions, and Judge Ramirez found that the motion should be granted in part and…
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Judge McBryde Denies Joint Motion for “Brief” Continuance of Trial Date
On August 1, 2012, Judge McBryde entered an Order in JP Morgan Chase v. Hicks (available here) denying the parties’ joint motion for a “brief” continuance of trial date. JP Morgan Chase, Hicks, HSG Sports Group, and Jacobs had asked the Court to extend the trial date by 6 weeks, with a corresponding extension to…