Fact Sheet for U.S. District Judge Cardone; ; ; ; ; ; ;

Hon. Kathleen Cardone · U.S. District Court for the Western District of Texas

Role: District Judge

Bluebook Citation: Hon. Kathleen Cardone, Fact Sheet for U.S. District Judge Cardone; ; ; ; ; ; ;, U.S. District Court for the Western District of Texas

Judge Profile: Hon. Kathleen Cardone profile and standing orders

=== Fact Sheet for U.S. District Judge Cardone ===

FACT SHEET FOR CIVIL AND CRIMINAL CASES JUDGE KATHLEEN CARDONE CIVIL CASES Contacting the Court 1. 2. 3. 4. 5. 6. 7. 8. 9. Who should be contacted with questions related to scheduling? Please contact the Judge’s law clerk at (915) 534-6740. May the Judge’s law clerks be contacted directly? If so, under what circumstances? An attorney may address a procedural question that is not answered by the federal rules of procedure, local rules, or the Judge’s Standing Orders to the law clerks at (915) 534-6740. Please do not call the judge’s staff to inquire about substantive issues. May the Court be contacted by e-mail or fax? If so, what is the address or number? Yes. The fax number is (915) 534-6716. How does the Court prefer attorneys to contact the Court in an emergency? Please call either a law clerk at (915) 534-6740 or the courtroom deputy at (915) 834-0501. May parties contact the Court during depositions? No. What procedures should be followed if a party expects to be filing a motion for a temporary restraining order or other expedited relief? After the TRO has been filed with the U.S. District Clerk’s Office and the matter has been assigned to this Court’s chambers, notify a law clerk or the courtroom deputy. Use every reasonable effort to provide notice to the adverse party that the TRO has been filed, and provide a copy of the TRO to the opposing party by fax or electronic (e-mail) delivery. Parties should comply with Federal Rule of Civil Procedure 65 and Local Rules. What procedures should be followed to request an expedited hearing in a civil case? Contact the law clerk or the courtroom deputy. Is it permissible to contact the Court regarding the status of motions in a civil case? No. Should the parties notify the courtroom deputy, the law clerk, or another person if a contested motion in a civil case has been resolved? Yes, please contact a law clerk at (915) 534-6740 immediately upon resolution of a pending motion. 1 General Pretrial Procedures 10. What is the Court’s procedure for issuance of scheduling orders in civil cases? Pursuant to the Court's Standing Order on Pretrial Deadlines, the parties are to file the Report of Parties’ Planning Meeting within forty-five days of the appearance of the first defendant in the case (which includes a defendant’s filing of a motion to dismiss) or within forty-five days of removal. Failure to submit the Report will result in the Court issuing a notice to show cause. 11. What is the Court’s procedure for requests for modification of scheduling orders? All requests for modification of the scheduling order must be made in the form of a motion to the Court. 12. Are there matters that the Court routinely refers to a magistrate judge in civil cases? At the time a lawsuit is filed, the case is assigned to this district judge and a magistrate judge. The parties should advise the district clerk of their respective positions concerning transferring the case to a magistrate judge for jury or nonjury trial by consent, pursuant to 28 U.S.C. § 636(c). Discovery matters are routinely referred to the magistrate judge. Otherwise, pursuant to Local Rule, Appendix C, various pretrial matters regarding civil cases filed by prisoners and reviews of administrative agency proceedings (social security appeals) are referred to a magistrate judge. Procedures Specific to Civil Cases 13. Does the Court require that the parties in civil cases file their initial disclosures? No. Except in categories of proceedings exempted from initial disclosure under Federal Rule of Civil Procedure 26(a)(1)(B), the parties must, as soon as practicable and in any event at least twenty-one days before the Report of Parties’ Planning Meeting is due under Rule 16(b), confer to consider all matters required by Rule 26(f). The parties’ Rule 26(f) written report outlining their proposed discovery plan should be included in the Report of Parties’ Planning Meeting. 14. What are the Court’s procedures for referring civil cases to alternative dispute resolution? Under what circumstances does the Court order alternative dispute resolution, when during the case is it ordered, and how is the ADR provider chosen? Alternative dispute resolution is required in almost all civil cases. The deadline by which ADR is to be completed is set in the Court's Scheduling Order. Further, the Scheduling Order also sets the date by which the parties must schedule the alternative dispute resolution and provide the Court with notice of the name of the ADR provider and the scheduled date for the ADR. 15. Does the Court have any specific requirements for removed cases? The party removing the action from state court should ensure that all documents previously filed in state court are attached to the removal documents. A copy of the state court docket sheet should be included. 16. Does the Court typically have pretrial conferences in civil cases? If so, when during the case? Unless requested by a party with a showing of special need, the Judge does not conduct a preliminary pretrial conference or intermediate status conferences. A status conference is conducted approximately eight (8) days prior to the date that trial is expected to begin as set out in the Court's Scheduling Order. Motions in limine and objections to exhibits will be heard and ruled upon at that time. 2 17. 18. Does the Court typically have docket calls in civil cases? No. Does the Court have any requirements for pretrial submissions in civil cases in lieu of or in addition to those in the local rules? Yes. At the time of the issuance of the Scheduling Order, the Court also issues a Trial Preparation Order which sets out the requirements for pretrial submissions in civil cases. Facilities and Technology 19. 20. 21. 22. Who should be contacted to obtain transcripts? All transcript requests should be made to Walter Chiriboga at (915) 834-0553 or [email protected]. Does the courtroom have Internet access? If so, must arrangements be made ahead of time? Yes, there is Internet access, but arrangements must be made ahead of time. Attorneys must sign the Wi-Fi End User Agreement in order to access the Internet. All laptops being used in the courtroom are subject to inspection by the Court’s IT Staff. Please indicate which of the following are available in the courtroom: Blackboard and chart stand: Yes Document Camera (ELMO): Yes Pointmaker Annotation System: Yes DVD/VCR: Yes Audio System: Yes Assisted Listening: Yes Video Monitors (Jury Box, Counsel Tables, Audience): Yes Computer Hookups (With prior approval of the Court): Yes Audio and Video Conference: Yes Is any additional technology available? If so, please describe. Yes. The Court uses Jury Evidence Recording System (JERS) which provides an efficient method of electronically capturing evidence as it is presented in court during trial. Upon completion of the trial presentations, the evidence is released in electronic form to the jury in the Jury Deliberation Room. 23. What arrangements must be made to use the available equipment? Please contact the courtroom deputy at (915) 834-0501 prior to the hearing or trial to discuss what equipment is needed. 24. May parties bring their own equipment? If so, are there any restrictions on what equipment may be brought and who should be contacted to arrange for the delivery of such equipment? Yes, contact the courtroom deputy to arrange for use of your own equipment in the courtroom. 25. Is it possible to have time in the courtroom to familiarize oneself with the layout and available technology? If so, who should be contacted to schedule the time? Yes, contact the courtroom deputy. 3 Motions Practice 26. 27. 28. 29. 30. When, if ever, does the Court want a chambers’ copy of a filing? A chambers’ copy is never required. Does the Court prefer copies of cases attached to briefs or motions? If so, are copies from electronic databases acceptable? Does the Court prefer pertinent provisions of the cases to be highlighted? No, but parties are encouraged to hyperlink citations in their briefs for Westlaw or Lexis access. Does the Court typically have hearings on contested motions in civil cases? If not, what circumstances would warrant a hearing? Ordinarily, the Court does not hold hearings on civil motions. However, should you believe a hearing is warranted, you should make such a request in the opening paragraph of your motion or response with an explanation as to why the hearing is necessary. The Court will notify you if a hearing will be held. Does the Court allow telephone conferences for the resolution of motions or other matters? No. Does the Court depart from the page limits contained in the Local Rules? If so, by standing order or is a motion for leave of Court and order required? Leave of Court is required for briefs longer than that permitted by local rule and standing order. Such leave is routinely granted, however. 31. Does the Court accept briefing on motions beyond the motion, response, and reply? If so, is a motion for leave of Court and order required? Yes, the Court may accept additional briefing, however, leave of Court is required. 32. Does the Court accept letter briefs in civil cases? If so, are there circumstances in which the Court prefers letter briefs? Letter briefs should not be submitted. 33. Does the Court permit the parties in civil cases to agree to extensions of time by stipulation filed with the Court, rather than by motion and order, where the extension will not affect other pretrial dates? E.g., an extension to answer the complaint or to respond to written discovery. Extensions to answer a complaint require an agreed motion and proposed order. See Federal Rule of Civil Procedure 6. Otherwise, discovery extensions may be stipulated to between the parties without any need for court approval. 34. How far before trial does the Court rule on dispositive motions? As far in advance as possible, but if the Court cannot address the motion in time, it will usually continue the trial setting. 4 35. Does the Court have any particular rules regarding filing, hearing, or granting motions that have not been addressed above? Do not combine a motion to dismiss and an answer in one document. Do not submit a response and a motion together in one document. Any request to modify the trial date must be made in writing to the judge before the deadline for completion of discovery. A motion in limine must be confined to matters actually in dispute. Please review the Court’s Standing Orders on the Court’s website. Courtroom Decorum 36. Does the Court have special rules governing courtroom decorum (e.g., addressing opposing counsel; approaching the witness; talking or passing notes at the counsel table; beverages allowed at the counsel table; attire)? Attorneys are required to wear standard business attire. For men, this includes a coat and tie. For women, it includes tailored suits and tailored dresses. Slacks are acceptable if part of a tailored pantsuit. Slacks or skirts with a blouse or sweater, but without a jacket, are not acceptable. Extremely short skirts are not acceptable. Further, see Local Rules AT-4 and AT-5. 37. Does the Court prefer that counsel address the Court from counsel table or from the lectern? From the lectern. 38. Does the Court prefer that counsel address witnesses from counsel table or from the lectern? From the lectern. Hearing and Trial Procedures 39. What is the Court’s general procedure for continuing civil trials? How early does the Court want the request made and how early will the Court rule on such a request? You must make any request for a continuance in writing as early as possible, and you must confer with opposing counsel prior to filing the motion. 40. Will the Court grant a motion to continue the trial date if it is unable to rule on a pending dispositive motion before the parties must begin final trial preparation? Most likely yes. 41. When does the Court typically begin and end trial days? Trials normally convene at 8:30 a.m. and adjourn around 5:00 p.m., recessing for lunch between 12:00 p.m. and 1:00 p.m. 42. Does the Court permit the use of juror questionnaires? If so, when should the proposed questionnaire be provided to the Court? The Court will consider requests for the use of juror questionnaires. The proposed questionnaire should be provided to the Court as soon as possible, but no later than sixty days before trial. 43. Does the Court allow attorneys to conduct their own voir dire in civil cases? If so, typically for how long? 5 44. 45. 46. The Judge conducts the general voir dire. Attorneys may submit to the Court in advance of voir dire proposed questions for the Court to ask. Upon completion of the general voir dire, the Judge permits attorneys to ask follow-up questions of panelists who are called back to meet individually with the Court. How much time are parties typically given for opening statements in civil cases? Counsel is usually afforded twenty to thirty minutes to make an opening statement. Does the Court require the parties to exchange demonstratives prior to using them in trial? If so, when should they be exchanged? All exhibits, except those offered solely for impeachment, that a party intends to offer at trial must be marked with gummed labels or tags that identify them by the exhibit number under which they will be offered at trial, and must be exchanged with opposing parties pursuant to the Court's Trial Preparation Order. Two copies of such exhibits must be furnished to the Court prior to the pre-trial status conference. To avoid bench conferences during a jury trial, the Court recommends that parties exchange any item that a party intends to use in the presence of the jury as a demonstrative aid, regardless whether the party intends to move for its admission into evidence. Please Note: Exhibits are to be placed in three-ring binders. The binders should be labeled with the style of the case, case number, and whether the binder is “Plaintiff’s Exhibit Notebook” or “Defendant’s Exhibit Notebook.” The first page in the binder should have the style of the case, case number, and “Plaintiff’s/Defendant’s Exhibit Notebook.” The next page should be the exhibit index. Each exhibit should be tabbed for ease of locating that exhibit. Special exhibit labels are not necessary; you may use the standard “Plaintiff/Defendant Exhibit” labels. Provide two sets of exhibits for the judge and one set for use by witnesses on the witness stand. Does the Court permit the parties to use deposition testimony by agreement even if the witness is not unavailable? The Court will accept the parties’ agreement to use a deposition at trial even though the witness is available. Otherwise, parties must follow Federal Rule of Civil Procedure 32. Before trial, counsel must provide the courtroom deputy with a copy of all depositions to be used as exhibits at trial. Counsel will designate the portion of any deposition to be read by citing pages and lines. Objections to those portions (citing pages and lines) with supporting authority must be filed at least three (3) business days before trial. Use of videotape depositions is permitted to the extent the parties agree on admissibility or edit to resolve objections. 47. Must a party intending to present testimony by deposition provide excerpts to the Court? If so, when?Yes, see above for guidelines. 48. May the parties provide the Court with electronic versions of proposed jury instructions, verdict forms, or proposed findings of fact and conclusions of law? If so, what format should be used? Yes. Please contact the law clerk at (915) 534-6740. May the parties leave exhibits and equipment in the courtroom overnight? Yes. What is the court’s practice on returning exhibits to the parties and requiring the parties to preserve them for appeal? 6 49. 50. At the conclusion of trial, the courtroom deputy will approach counsel and return all physical exhibits to counsel. Counsel will be required to sign an Inventory of Exhibits. Counsel is responsible for maintaining exhibits in an unaltered and safe manner for appeal. Court Appointments 51. What are the court’s procedures and requirements for appointment of guardians ad litem? The Court will appoint one as required, but the parties may make recommendations. Miscellaneous 52. What are the Court’s procedures for dismissal of cases for want of prosecution? Failure to serve a defendant within 120 days will trigger a notice to show cause why the case or defendant should not be dismissed. Failure to move for default judgment or lack of activity for a prolonged, unjustified period will also trigger the notice to show cause. 53. What are the Court’s requirements and procedures for voluntary dismissal of cases? The court will sign voluntary dismissals so long as such dismissals resolve all issues. 54. When does the Court find that sanctions are appropriate? Counsel for all parties and all pro se parties should cooperate fully in the discovery process and make all reasonable discovery available to the requesting party. Excessive discovery or resistance to reasonable discovery will not be tolerated. Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4. Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs. Repeated failure to comply with Court orders may also result in sanctions. 55. Are there any other special practices or procedures for lawyers and parties appearing before the Court in civil cases? The Court expects attorneys to be prepared, provide competent assistance, and be knowledgeable of the Federal Rules of Civil Procedure and the Local Rules. 56. Any pet peeves? Tardiness. Failing to abide by deadlines set by the Court. Not immediately notifying the Court that a motion is unopposed (or that portions of a motion are uncontested). Failure to acknowledge/distinguish cases adverse to your position. Unprofessional conduct/use of adjectives to debase or impugn opposing counsel or the adverse party. Not immediately notifying the Court that the case has been settled. 7 CRIMINAL CASES Contacting the Court 1. 2. 3. 4. 5. 6. 7. Who should be contacted regarding scheduling matters? The courtroom deputy at (915) 834-0501. May the Court’s law clerks be contacted directly? If so, under what circumstances? An attorney may address a procedural question that cannot be answered by the federal rules of procedure, local rules and standing orders, or the Judge’s scheduling order to the courtroom deputy. Please do not call the Judge’s staff to inquire about substantive issues. May the Court be contacted by e-mail or fax? If so, what is the address or number? Yes. The fax number is (915) 534-6716. How does the Court prefer attorneys to contact the Court in an emergency? Please call either the courtroom deputy at (915) 834-0501 or a law clerk at (915) 534-6740. What procedures should be followed if a party expects to be filing a motion for expedited relief? After the motion has been filed with the Clerk’s office, notify the courtroom deputy and hand deliver a copy to Chambers. Use every reasonable effort to provide notice to the adverse party that the motion has been filed, and provide a copy of the motion to the opposing party by fax or electronic (e-mail) delivery. What procedures should be followed to request an expedited hearing in a criminal case? Contact the courtroom deputy at (915) 834-0501. Is it permissible to contact the Court regarding the status of motions in a criminal case? If so, should the law clerk or the courtroom deputy be contacted? Contact the courtroom deputy. 8. Should the parties notify the courtroom deputy, the law clerk, or another person if a contested motion in a criminal case has been resolved? Contact the courtroom deputy. 9. How should attorneys advise the Court when a criminal case requires an evidentiary sentencing hearing? Contact the courtroom deputy. General Pretrial Matters 10. What is the Court’s procedure for issuance of scheduling orders in criminal cases? The Court enters a general scheduling order and trial date immediately after the case has been assigned to Chambers. 8 11. What is the Court’s procedure for requests for modification of scheduling orders? The Court will approve, in most instances, an agreed modification. If it is not agreed to, the opposing party should file a response to any motion to modify. 12. Are there matters that the Court routinely refers to a magistrate judge in criminal cases? The Court refers pleas of guilty and motions for appointment, withdrawal, or substitution of counsel. Procedures Specific to Criminal Cases 13. Must counsel in criminal cases confer on all motions before filing them? If so, must counsel reflect the result of their conference in the body or title of the motion? No, except on discovery matters. The Court enters a General Order regarding Discovery very early in the case. That Order requires various discovery disclosures to be made without the necessity of any written motion. No “routine” discovery motions should be filed, unless the General Order of Discovery has not been complied with. 14. Does the Court prefer use of the pretrial checklist or pretrial motion practice? All parties should comply with the General Order of Discovery. In addition, parties are encouraged to use the discovery checklist provided by Local Rule CR-16. 15. If the parties use the pretrial checklist, how should they make a record of what was agreed to? The checklist is self-explanatory and should be signed by counsel and filed. If there are questions, the parties can approach the Court. 16. If the parties use the pretrial checklist, how should they schedule a hearing on contested matters? The parties should file a motion, attach the checklist, and request a hearing. 17. Does the Court have any specific requirements for motions to suppress? If so, please describe them. To warrant an evidentiary hearing, the motion and opposition must be sufficiently definite, specific, detailed, and nonconjectural to enable the Court to conclude that there are contested issues of material fact going to the validity of the government’s conduct that must be resolved before the motion can be decided. Unless the moving and responding papers establish disputed issues of material fact, a hearing may not be necessary. The mere desire to cross-examine an opposing witness is never enough to justify the need for an evidentiary hearing. Factual detail and citation to legal authority are required in the filings. 18. Does the Court have any specific requirements for discovery motions? If so, please describe them. All parties should comply with the General Order regarding Discovery. In addition, parties are encouraged to also use the discovery checklist provided by Local Rule CR-16. 19. What does the Court hope to accomplish at docket call settings in criminal cases? The Court seeks to determine the status of the case, if a plea hearing will be requested, a trial will be requested or if the parties seek a continuance of the docket call hearing. 9 20. When should exhibits and objections to them be exchanged and filed? All exhibits, except those offered solely for impeachment, that a party intends to offer at trial must be marked before trial with an exhibit number, and be exchanged with opposing parties at least three days before the date of the trial setting. Unless the Court advises the parties otherwise, however, they must not deliver trial exhibits, or the Court’s copies of such exhibits, to the Court before the date the trial actually commences. To avoid bench conferences during a jury trial, the Court recommends that parties exchange any item that a party intends to use in the presence of the jury as a demonstrative aid, regardless of whether the party intends to move for its admission into evidence. 21. Does the Court prefer that objections to the Presentence Investigation Report be filed or merely communicated to the Probation Officer? Objections to the Presentence Investigation Report or Guideline Worksheet shall be submitted to the Probation Officer. If the Probation Officer does not modify the PSIR or Guideline Worksheet and the objection remains unresolved, counsel shall file a Sentencing Memorandum outlining the unresolved objection, along with any authorities relied upon and sentencing recommendations for the Court’s consideration. As part of the Sentencing Memorandum, counsel may submit exhibits/letters. The Sentencing Memorandum should be filed with the District Clerk’s Office as least three days prior to any sentencing hearing. Counsel shall provide a copy of the Sentencing Memorandum to the Probation Officer and opposing counsel. Facilities and Technology 22. Who should be contacted to obtain transcripts? All transcript requests should be made to Walter Chiriboga at (915) 834-0553 or [email protected]. 23. Does the courtroom have Internet access? If so, must arrangements to use the Internet be made? Yes, there is Internet access, but arrangements must be made ahead of time. Attorneys must sign the Wi-Fi End User Agreement in order to access the Internet. All laptops being used in the courtroom are subject to inspection. 24. 25. Please indicate which of the following are available in the courtroom: Blackboard: Yes Chart stand: Yes Document Camera (ELMO): Yes Pointmaker Annotation System: Yes DVD/VCR: Yes Audio System: Yes Assisted Listening: Yes Video Monitors (Jury Box, Counsel Tables, Audience): Yes Computer Hookups (With prior approval of the Court): Yes Audio and Video Conference: Yes Is any additional technology available? If so, please describe. Yes. The Court uses Jury Evidence Recording System (JERS) which provides an efficient method of electronically capturing evidence as it is presented in court during trial. Upon completion of the trial presentations, the evidence is released in electronic form to the jury in the Jury Deliberation Room. 10 26. 27. What arrangements must be made to use the available equipment? Please contact the courtroom deputy prior to the hearing or trial as to what equipment is needed. May parties bring their own equipment? If so, are there any restrictions on what equipment may be brought and who should be contacted to arrange for the delivery of such equipment? Yes, contact the courtroom deputy at (915) 834-0501 to arrange for use of your own equipment in the courtroom. 28. Is it possible to have time in the courtroom to familiarize oneself with the layout and available technology? If so, who should be contacted to schedule the time? Yes, contact the courtroom deputy. Motions Practice 29. 30. When, if ever, does the Court want a chambers copy of a filing? Chambers copies are never required. Does the Court prefer copies of cases attached to briefs or motions? If so, are copies from electronic databases acceptable? Does the Court prefer pertinent provisions of the cases to be highlighted? Yes, copies of cases should be attached to briefs or motions, and copies from electronic databases are acceptable with pertinent parts highlighted. 31. Does the Court typically have hearings on contested motions in criminal cases? If not, what circumstances would warrant a hearing? Yes, however see answers to questions 16 and 17. 32. 33. 34. 35. Does the Court allow telephone conferences for the resolution of motions or other matters? If so, who arranges them and when are they typically scheduled? No, the Court does not generally allow telephone conferences to resolve motions or other matters. Does the Court depart from the page limits contained in the Local Rules? If so, by standing order or is a motion for leave of Court and order required? Without leave of Court, any brief or memorandum less than thirty pages may be submitted. Does the Court accept briefing on motions beyond the motion, response, and reply? If so, is a motion for leave of Court and order required? Yes. The party seeking to file additional briefing should file a motion seeking such leave. Does the Court accept letter briefs in criminal cases? If so, are there circumstances in which the Court prefers letter briefs? Letter briefs should not be submitted. 11 36. Does the Court permit the parties in criminal cases to agree to extensions of time by stipulation filed with the Court, rather than by motion and order, where the extension will not affect other pretrial dates? E.g., an extension to answer the complaint or to respond to written discovery. Yes. 37. How far before trial does the Court rule on dispositive motions? As far in advance as possible, but if the Court cannot address the motion, it will usually continue the trial setting. 38. Does the Court have any particular rules regarding filing, hearing, or granting motions that have not been addressed above? Do not submit a response and a motion together in one document. Motions to Suppress should contain a background statement of uncontested facts. Any request that a trial date be modified must be made in writing. A motion in limine must be confined to matters actually in dispute. Courtroom Decorum 39. Does the Court have special rules governing courtroom decorum (e.g., addressing opposing counsel; approaching the witness; talking or passing notes at the counsel table; beverages allowed at the counsel table; attire)? Attorneys are required to wear standard business attire. For men, this includes a coat and tie. For women, it includes tailored suits and tailored dresses. Slacks are acceptable if part of a tailored pantsuit. Slacks or skirts with a blouse or sweater, but without a jacket, are not acceptable. Extremely short skirts are not acceptable. Further, see Local Rules AT-4 and AT-5. 40. Does the Court prefer that counsel address the Court from counsel table or from the lectern? From the lectern. 41. Does the Court prefer that counsel address witnesses from counsel table or from the lectern? From the lectern. Hearing and Trial Procedures 42. What is the Court’s general procedure for continuing criminal trials? How early does the Court want the request made and how early will the Court rule on such a request? Any request that a trial date be modified must be made in writing. The party seeking the continuance must confer with the opposing side. If there is an agreement, the Court usually approves a continuance. If there is no agreement, the Court holds a hearing. 43. Will the Court grant a motion to continue the trial date if it is unable to rule on a pending dispositive motion before the parties must begin final trial preparation? Yes. 12 44. When does the Court typically begin and end trial days? Trial will normally convene at 8:30 a.m. and adjourn around 5:00 p.m., recessing for lunch between 12:00 p.m. and 1:00 p.m. 45. 46. 47. 48. Does the Court permit the use of juror questionnaires? If so, when should the proposed questionnaire be provided to the Court? The Court will consider requests for the use of juror questionnaires. The proposed questionnaire should be provided to the Court as soon as possible, but no later than sixty days before trial. Does the Court allow attorneys to conduct their own voir dire in criminal cases? If so, typically for how long? The Judge conducts the general voir dire. Attorneys may submit written questions in advance. Upon completion of the general voir dire, the Judge permits attorneys to ask follow-up questions of panelists who are called back to meet individually with the Court. How much time are parties typically given for opening statements in criminal cases? Counsel are normally afforded twenty to thirty minutes to make an opening statement. Does the Court permit the parties to use deposition testimony by agreement even if the witness is not unavailable? The Court will accept the parties’ agreement to use a deposition at trial even though the witness is available. Before trial, counsel must provide the courtroom deputy with a copy of all depositions to be used as exhibits at trial. Counsel will designate the portion of any deposition to be read by citing pages and lines. Objections to those portions (citing pages and lines) with supporting authority must be filed at least three (3) business days before trial. Use of videotape depositions is permitted to the extent the parties agree on admissibility or edit to resolve objections. 49. Must a party intending to present testimony by deposition provide excerpts to the Court? If so, when? Yes, see above for guidelines. 50. May the parties provide the Court with electronic versions of proposed jury instructions, verdict forms, or 51. 52. proposed findings of fact and conclusions of law? If so, what format should be used? Yes. The parties should contact the law clerk at (915) 534-6740. May the parties leave exhibits and equipment in the courtroom overnight? Yes. What is the Court’s practice on returning exhibits to the parties and requiring the parties to preserve them for appeal? At the conclusion of trial, the courtroom deputy will approach counsel and return all physical exhibits. Counsel will be required to sign an Inventory of Exhibits. Counsel is responsible for maintaining exhibits in an unaltered and safe manner for appeal. 13 Miscellaneous 53. When does the Court find that sanctions are appropriate? Counsel for all parties and all pro se parties should cooperate fully in the discovery process and make all reasonable discovery available to the requesting party. Excessive discovery or resistance to reasonable discovery will not be tolerated. Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4. Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs, as could repeated failure to comply with Court orders. 54. Are there any other special practices or procedures for lawyers and parties appearing before the Court in criminal cases? The Court expects attorneys to be prepared, provide competent assistance, and be knowledgeable of the Federal Rules of Criminal Procedure and the Local Rules. Counsel should thoroughly confer with their clients BEFORE the rearraignment regarding any plea. Plea agreements should be completely signed (and copies provided to the courtroom deputy) well in advance of the hearing. 55. Any pet peeves? Tardiness Failing to abide by Court deadlines. Not immediately notifying the Court that a motion is unopposed (or that portions of a motion are uncontested). Failure to acknowledge/distinguish cases adverse to your position. Unprofessional conduct/use of adjectives to debase or impugn opposing counsel or the adverse party. Not immediately notifying the Court that the case has been resolved. 14

=== Court-Facts-Sheet-for-US-District-Judge-Cardone.pdf ===

=== Standing-Order-on-Patent-Cases-091422.pdf ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS ALL DIVISIONS HONORABLE KATHLEEN CARDONE § § § ALL PATENT CASES STANDING ORDER ON PATENT CASES This Standing Order on Patent Cases governs proceedings in all patent cases pending before United States District Court Judge Kathleen Cardone, regardless of the division in which the case is filed. For patent cases only, this Standing Order supersedes the Court’s December 14, 2015, Standing Order on Pretrial Deadlines. I. PRELIMINARY INFRINGEMENT CONTENTIONS A. Preliminary Infringement Contentions Within thirty (30) days after the appearance of any defendant,1 a party claiming patent infringement shall serve on all parties its Preliminary Infringement Contentions, which shall contain the following information: 1) Each claim of each patent in suit that is allegedly infringed by each opposing party. 2) Separately for each asserted claim, each accused apparatus, product, device, process, method, act, or other instrumentality (“Accused Instrumentality”) of each opposing party of which the party is aware. This identification shall be as specific as possible, utilizing names and model numbers, if known. 3) A chart identifying specifically where and how each element of each asserted claim is found within each Accused Instrumentality, including for each element that such party contends is governed by 35 U.S.C. § 112(f), the identity of the structure(s), 1 An “appearance,” as used throughout this Standing Order, shall include the serving of an answer, the filing of a notice of removal, the filing of a motion to dismiss, and the transfer of an action from another judicial district. FILEDDEPUTY CLERK, U.S. DISTRICT COURT WESTERN DISTRICT OF TEXAS BY: ________________________________September 14, 2022Reuben Amaro act(s), or material(s) in the Accused Instrumentality that performs the claimed function. 4) Whether each element of each asserted claim is alleged to be literally present or present under the doctrine of equivalents in the Accused Instrumentality. 5) For any patent that claims priority to an earlier application, the priority date to which each asserted claim allegedly is entitled. 6) If a party claiming patent infringement wishes to preserve the right to rely, for any purpose, on the assertion that its own or its licensee’s apparatus, product, device, process, method, act, or other instrumentality practices the claimed invention, the party shall identify, separately for each asserted claim, each such apparatus, product, device, process, method, act, or other instrumentality that incorporates or reflects that particular claim. B. Accompanying Document Production Accompanying the Preliminary Infringement Contentions, the party claiming patent infringement shall produce to each opposing party or make available for inspection and copying: 1) Documents (e.g., contracts, purchase orders, invoices, advertisements, marketing materials, offer letters, beta site testing agreements, and third party or joint development agreements) sufficient to evidence each discussion with, disclosure to, or other manner of providing to a third party, or sale of or offer to sell, the claimed invention prior to the date of application for the patent in suit. A party’s production of a document as required herein shall not constitute an admission that such document evidences or is prior art under 35 U.S.C. § 102. 2 2) All documents evidencing the conception, reduction to practice, design, and development of each claimed invention, which were created on or before the date of application for the patent in suit or the priority date identified pursuant to Section I(A)(5), supra, whichever is earlier. 3) A copy of the file history for each patent in suit. II. REPORT OF PARTIES’ PLANNING MEETING Pursuant to Local Rule CV-16(a), the parties shall meet, confer, and jointly submit a Report of Parties’ Planning Meeting (“RPPM”), in the form prescribed by Appendix A to this Order within forty-five (45) days after the appearance of any defendant. The RPPM shall satisfy the requirements of Federal Rule of Civil Procedure 26(f). Based upon the RPPM, the Court shall issue the Scheduling Order in the case as required by Federal Rule of Civil Procedure 16(b) and Local Rule CV-16. The parties shall endeavor to agree concerning the contents of the RPPM, but in the event they are unable to do so, each party shall set out its position and the reasons for the disagreement in the RPPM. Further, the parties may request a modification of the Court’s exemplary deadlines set forth in Appendix A, which the Court may grant only upon a showing of good cause. The good cause standard requires a particularized showing that the exemplary deadlines set forth in Appendix A cannot reasonably be met despite the diligence of the party seeking the extension. Unless specifically ordered by the Court, an extension of time to comply with any one of the time limits in the Scheduling Order does not extend the time to comply with subsequent time limits. 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. Barring 3 exceptional circumstances, the Court will order parallel scheduling deadlines and hold a single, joint Markman hearing, for all such related cases. III. PRELIMINARY INVALIDITY CONTENTIONS A. Preliminary Invalidity Contentions On or before the deadline set in the Scheduling Order, each party opposing a claim of patent infringement shall serve on all parties its Preliminary Invalidity Contentions, which shall contain the following information: 1) The identity of each item of prior art that allegedly anticipates each asserted claim or renders it obvious. Each prior art patent shall be identified by its number, country of origin, and date of issue. Each prior art publication must be identified by its title, date of publication, and where feasible, author and publisher. Each alleged sale or public use shall be identified by specifying the item offered for sale or publicly used or the information known, the date the offer or use took place or the information became known, and the identity of the person or entity which made the use or which made and received the offer, or the person or entity which made the information known or to whom it was made known. For pre-AIA claims, prior art under 35 U.S.C. § 102(f) shall be identified by providing the name of the persons from whom and the circumstances under which the invention or any part of it was derived. For pre-AIA claims, prior art under 35 U.S.C. § 102(g) shall be identified by providing the identities of the persons or entities involved in and the circumstances surrounding the making of the invention before the patent applicant(s). For post-AIA claims, prior art references showing that the claimed invention was otherwise available to the public under 35 U.S.C. § 102(a)(1) shall be identified by specifying the form and nature of 4 the reference, the manner in which the reference was made public, and the date on which the reference was made public. 2) Whether each item of prior art anticipates each asserted claim or renders it obvious. If obviousness is alleged, an explanation of why the prior art renders the asserted claim obvious, including an identification of any combinations of prior art showing obviousness. 3) A chart identifying specifically where and how in each alleged item of prior art each limitation of each asserted claim is found, including for each limitation that such party contends is governed by 35 U.S.C. § 112(f), the identity of the structure(s), act(s), or material(s) in each item of prior art that performs the claimed function. 4) Any grounds of invalidity based on 35 U.S.C. § 101. 5) Any grounds of invalidity based on indefiniteness under 35 U.S.C. § 112(b) or enablement or written description under 35 U.S.C. § 112(a). B. Accompanying Document Production Accompanying the Preliminary Invalidity Contentions, the party opposing a claim of patent infringement shall produce to each opposing party or make available for inspection and copying: 1) Source code, specifications, schematics, flow charts, artwork, formulas, or other documentation sufficient to show the operation of any aspects or elements of an Accused Instrumentality identified by the patent claimant in its Preliminary Infringement Contentions. 5 2) A copy of each item of prior art identified pursuant to Section III(A)(1) which does not appear in the file history of the patent(s) at issue. To the extent any such item is not in English, an English translation of the portion(s) relied upon must be produced. IV. DISCOVERY Except with regard to venue, jurisdictional, and claim construction-related discovery, all other discovery shall be stayed until after the Markman hearing, unless the parties agree to conduct additional discovery. If the parties do not agree, the party seeking additional discovery prior to the Markman hearing must seek leave of Court. V. CLAIM CONSTRUCTION PROCEEDINGS A. Exchange of Proposed Terms and Claim Elements On or before the Exchange of Proposed Terms and Claim Elements deadline set in the Scheduling Order, the parties shall simultaneously exchange a list of claim terms, phrases, or clauses which that party contends should be construed or found indefinite by the Court. The parties shall identify any claim element which that party contends should be governed by 35 U.S.C. § 112(f). B. Exchange of Preliminary Claim Constructions and Extrinsic Evidence On or before the Exchange of Preliminary Claim Constructions and Extrinsic Evidence deadline set in the Scheduling Order, the parties shall simultaneously exchange a preliminary proposed construction of each claim term, phrase, or clause which the parties collectively have identified for claim construction purposes. For each element which any party contends is governed by 35 U.S.C. § 112(f), the party shall also identify the structure(s), act(s), or material(s) corresponding to that element. The parties shall also provide a preliminary identification of extrinsic evidence, including without limitation, dictionary definitions, citations to learned 6 treatises and prior art, and testimony of percipient and expert witnesses they contend support their respective claim constructions or indefiniteness positions. The parties shall identify each such item of extrinsic evidence by Bates number or produce a copy of any such item not previously produced. With respect to any such witness, percipient or expert, the parties shall also provide the identity and a brief description of the substance of that witness’ proposed testimony. C. Joint Claim Construction and Prehearing Statement On or before the Joint Claim Construction and Prehearing Statement deadline set in the Scheduling Order, the parties shall meet and confer and jointly file a Joint Claim Construction and Prehearing Statement with the Court, which shall contain the following information: 1) The construction of those claim terms, phrases, or clauses on which the parties agree. 2) Each party’s proposed claim construction or indefiniteness position for each disputed claim term, phrase, or clause, together with an identification of all references from the specification or prosecution history that support that position, and an identification of any extrinsic evidence known to the party on which it intends to rely either to support its position or to oppose any other party’s position, including, but not limited to, as permitted by law, dictionary definitions, citations to learned treatises and prior art, and testimony of percipient and expert witnesses. 3) The anticipated length of time necessary for the Markman hearing. 4) Whether any party proposes to call witnesses at the Markman hearing, and if so, the identity of each such witness, and whether each witness is an expert. On or before the Joint Claim Construction and Prehearing Statement deadline, any party that intends to rely on any expert witness to support that party’s proposed constructions shall 7 serve the other parties with a claim construction expert report for that witness, in compliance with Rule 26(a)(2)(B) or 26(a)(2)(C) of the Federal Rules of Civil Procedure. D. Completion of Claim Construction Discovery On or before the Completion of Claim Construction Discovery deadline set in the Scheduling Order, the parties shall complete all discovery relating to claim construction, including any depositions with respect to claim construction of any witnesses, including experts, identified in the Joint Claim Construction and Prehearing Statement. E. Claim Construction Briefs The Court will require non-simultaneous Markman briefing. On or before the deadline set for Claim Construction Opening Briefs, each party claiming patent infringement shall file a brief and any evidence supporting its claim construction. All asserted patents shall be attached as exhibits to the opening claim construction brief in searchable PDF form. On or before the deadline set for Claim Construction Response Briefs, each party resisting infringement claims shall file a brief and supporting evidence. On or before the deadline set for Claim Construction Reply Briefs, each party claiming patent infringement shall file any reply brief and any evidence directly rebutting the supporting evidence contained in an opposing party’s Response brief. Parties must seek leave of Court to exceed the page limits established by the Local Civil Rules. Parties must also seek leave of Court to file any additional claim construction briefs, such as a sur-reply. F. Markman Hearing and Technology Tutorials The Court will hold a consolidated Markman hearing for all related cases, whenever feasible. Technology tutorials are optional, especially in cases where a technical advisor has 8 been appointed. If the parties submit one, the tutorial should be in electronic form, with voiceovers, and submitted at least ten days prior to the Markman hearing. To submit a technology tutorial, the parties should contact the clerk’s office in the division in which their case is pending, for instructions on how to upload the tutorial files to a secure file-sharing platform: El Paso: Call (915) 834-0528 Waco: Email [email protected] VI. AMENDING CONTENTIONS The Scheduling Order will include a deadline for Final Contentions, after which leave of Court is required for any amendment to infringement or invalidity contentions. The Final Contentions deadline does not relieve the parties of their obligation to seasonably amend if new information is identified after initial contentions. Prior to the Final Contentions deadline, the parties must seek leave of Court only to the extent that an amendment adds patent claims. So long as claims are not added, the parties may amend infringement and invalidity contentions prior to the Final Contentions deadline, without seeking leave of Court. Contentions must be promptly amended whenever a party determines the need for amendment. VII. CONFIDENTIALITY Discovery may not be withheld on the basis of confidentiality absent a Court order. Because the Court finds that any patent case is likely to involve production of confidential, sensitive, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted, the Confidentiality and Protective Order available as Appendix H-1 to the Local Rules of the United States District 9 Court for the Western District of Texas shall govern discovery in such matters unless the Court enters a different protective order. Parties that wish to proceed under a different protective order may submit one via motion. SO ORDERED. SIGNED this 14th day of September, 2022. KATHLEEN CARDONE UNITED STATES DISTRICT JUDGE 10 APPENDIX A IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS [EL PASO / WACO] DIVISION [] Plaintiff, v. [], Defendants. § § § § § § § § § CAUSE NO. []-[]-CV-[]-KC REPORT OF PARTIES’ PLANNING MEETING Date Complaint Filed: [date] Date Complaint Served: [date] Date of first Defendant’s Appearance: [date] Cases filed by Plaintiff in the Western District of Texas alleging infringement of one or more of the same patents within the last two years: [list all cases, including names of parties, cause numbers, and presiding judges] Pursuant to Federal Rules of Civil Procedure 16(b), 26(f), and Local Rule 16, a conference was held on [date]. The participants were: ____________________________ for Plaintiff(s) [party name(s)] ____________________________ for Defendant(s) [party name(s)] I. Certification Undersigned counsel certify that, after consultation with their clients, they have discussed the nature and basis of the parties’ claims and defenses and any possibilities of achieving a prompt settlement or other resolution of the case and, in consultation with their clients, have developed 11 the following proposed case management plan. Counsel further certify that they have forwarded a copy of this report to their clients. II. Jurisdiction & Venue A. Subject Matter Jurisdiction [Provide a brief statement of the basis for subject matter jurisdiction with appropriate statutory citations. If Plaintiff’s allegation of subject matter jurisdiction is contested, specify the basis for such challenge.] B. Personal Jurisdiction [State whether personal jurisdiction is contested and, if it is, summarize the parties’ competing positions.] C. Venue [State whether venue is contested and, if it is, summarize the parties’ competing positions.] III. Brief Description of Case [Briefly summarize the claims and defenses of all parties and describe the relief sought. If agreement cannot be reached on a joint statement, each party must provide a short separate statement. The requirement that the parties briefly summarize their claims and defenses is not intended to be unduly burdensome. The parties are obliged to discuss and consider the nature of their claims and defenses at the planning conference in order to formulate a meaningful case management plan. Moreover, the presiding judge needs to be informed of the nature of the claims and defenses in order to evaluate the reasonableness of the parties’ proposed plan. The statement of the parties’ claims and defenses, whether set forth jointly or separately, does not preclude any party from raising new claims and defenses as permitted by other applicable law.] A. Claims of Plaintiff(s) B. Defenses and Claims (Counterclaims, Third Party Claims, Cross Claims) of Defendant(s) C. Defenses and Claims of Third-Party Defendant(s) IV. Statement of Undisputed Facts Counsel certify that they have made a good faith attempt to determine whether there are any material facts that are not in dispute. The parties state that the following material facts are undisputed: 12 [undisputed facts] V. Case Management Plan A. Preliminary Infringement Contentions All parties claiming patent infringement certify that they served their Preliminary Infringement Contentions on [list all other parties and specify the date on which each was served]. B. Discovery [Discovery in patent cases ordinarily proceeds in phases, as described throughout the Court’s Standing Order on Patent Cases and this Appendix. If requesting a different discovery procedure, describe the procedure and explain why it is warranted, here.] [Indicate whether the parties agree on limits for written discovery and depositions. If the parties do not agree, state the parties’ respective positions.] [Indicate whether any other discovery disputes are anticipated at this time.] C. Early Settlement Conference The parties acknowledge that the Court will order them to participate in an alternative dispute resolution proceeding prior to trial. The parties certify that they have considered the desirability of attempting to settle this case prior to the Markman hearing. Settlement [is likely] [is unlikely] at this time and [may be enhanced by use of the following procedure]. D. Modification of Deadlines and Proposed Schedule The parties [request] [do not request] modification of the deadlines in the Court’s Standing Order on Patent Cases. [If requesting modification of the standard deadlines, specify which deadlines, and explain why there is good cause to modify.] Motions to Transfer: [ordinarily, 30 days from filing RPPM] Preliminary Invalidity Contentions: [ordinarily, 35 days from filing RPPM] Exchange of Proposed Terms and Claim Elements: [ordinarily, 45 days from filing RPPM] Exchange of Preliminary Claim Constructions and Extrinsic Evidence: [ordinarily, 65 days from filing RPPM] Joint Claim Construction and Prehearing Statement: [ordinarily, 95 days from filing RPPM] 13 Claim Construction Discovery Closes: [ordinarily, 125 days from filing RPPM] Claim Construction Opening Brief: [ordinarily, 140 days from filing RPPM] Claim Construction Response Brief: [ordinarily, 154 days from filing RPPM] Claim Construction Reply Brief: [ordinarily, 161 days from filing RPPM] Optional Technology Tutorials: [10 days before Markman hearing] Markman Hearing: [ordinarily, approximately 182 days from filing RPPM, subject to the Court’s schedule] Fact Discovery Opens: [1 business day after Markman hearing] Final Contentions: [ordinarily, 60 days after Markman hearing] Amended Pleadings: [ordinarily, 90 days after Markman hearing] Fact Discovery Closes: [ordinarily, 6 months after Markman hearing] Opening Expert Reports: [ordinarily, 1 week after close of fact discovery] Rebuttal Expert Reports: [ordinarily, 3 weeks after opening expert reports] Expert Discovery Closes: [ordinarily, 2 months after close of fact discovery] Dispositive Motions / Daubert Motions: [ordinarily, 1 month after close of expert discovery] [Jury Selection and] Trial: [ordinarily, approximately 4 months after dispositive motions deadline, subject to the Court’s schedule] As officers of the Court, undersigned counsel agree to cooperate with each other and the Court to promote the just, speedy, and efficient determination of this action. [signature of counsel for all parties] 14

=== Standing-Order-on-Pretrial-Deadlines.pdf ===

FILED IN THE UNITED STATES DISTRICT COURT DEC 14 2015 FOR THE WESTERN DISTRICT OF TEXAS ; TON CLERK, U.S DIS 2iCT COURT EL PASO DIVISION aii STRICT OF TEXAS § es of{p-— “DEPUTY § § HONORABLE KATHLEEN CARDONE § ALL CIVIL CASES § § STANDING ORDER ON PRETRIAL DEADLINES The following Standing Order shall control the course of any civil action commenced in this Court, except those types of cases specifically exempted from initial disclosure under Federal Rule of Civil Procedure 26 as well as the types of cases specifically exempted in Local Rule CV-16(b). Pursuant to Local Rule CV-16(a), the parties shall submit a joint memorandum prescribed by Appendix A to this Order within forty-five (45) days after the appearance of any defendant. Such appearance shall include the serving of an answer, the filing of a notice of removal, the filing of a motion to dismiss, and the transfer of an action from another judicial district. The joint memorandum shall satisfy the requirements of Federal Rule of Civil Procedure 26(f). Based upon the joint memorandum, the Court shall issue the Scheduling Order in the case as required by Federal Rule of Civil Procedure 16(b) and Local Rule CV-16. Unless otherwise ordered by the Court, the parties shall adhere to the following deadlines in the joint memorandum: All motions relating to joinder of parties, claims or remedies, class certification, and amendment of the pleadings shall be filed within sixty (60) days after the earlier of the serving of the answer, the filing of a notice of removal, the filing of a motion to dismiss, or the transfer of an action from another judicial district, except that a defendant may file a third-party complaint within fourteen (14) days of serving an answer, as permitted by Federal Rule of Civil Procedure 14(a). All motions to dismiss based on the pleadings shall be filed within ninety (90) days of the earlier of the serving of the complaint, the filing of a petition for removal, or the transfer of an action from another judicial district. The filing of a motion to dismiss will not result in an automatic stay of discovery or extend the time for completing discovery. Pursuant to Federal Rule of Civil Procedure 26(d), discovery may not commence until the parties have conferred as required by Federal Rule of Civil Procedure 26(f) and Local Rule 16, but the parties may commence formal discovery immediately after conferring without awaiting entry of the Court’s Scheduling Order. Unless otherwise ordered, discovery shall be completed within six (6) months of the Rule 26(f) Conference. Unless otherwise ordered, all motions for summary judgment shall be filed within one month after the discovery deadline. The parties shalt endeavor to agree concerning the contents of the joint memorandum, but in the event they are unable to do so, each party shall set out its position and the reasons for the disagreement in the joint memorandum. Further, the parties may request a modification of the Court’s deadlines set forth above, which the Court may grant only upon a showing of good cause. The good cause standard requires a particularized showing that the schedule to be established by this Standing Order cannot reasonably be met despite the diligence of the party seeking the extension. Unless specifically ordered by this Court, an extension of time to comply with any one of the time limits in this Order does not extend the time to comply with subsequent time limits. The Court may schedule the case for a status conference or settlement conference at any time. SO ORDERED. SIGNED this 14" day of December, 2015. Appendix A REPORT OF PARTIES’ PLANNING MEETING Caption of Case (List all parties] Date Complaint Filed: Date Complaint Served: Date of Defendant’s Appearance: Pursuant to Federal Rules of Civil Procedure 16(b), 26(f), and Local Rule 16, a conference was held on [date]. The participants were: for Plaintiff(s) [party name(s)] for Defendant(s) [party name(s)] L Certification Undersigned counsel certify that, after consultation with their clients, they have discussed the nature and basis of the parties’ claims and defenses and any possibilities for achieving a prompt settlement or other resolution of the case and, in consultation with their clients, have developed the following proposed case management plan. Counsel further certify that they have forwarded a copy of this report to their clients. U. —_ Jurisdiction A. Subject Matter Jurisdiction [Provide a statement of the basis for subject matter jurisdiction with appropriate statutory citations. If Plaintiff's allegation of subject matter jurisdiction is contested, specify the basis for such challenge.] B. Personal Jurisdiction [State whether personal jurisdiction is contested and, if it is, summarize the parties’ competing positions). Hi. —_ Brief Description of Case (Briefly summarize the claims and defenses of all parties and describe the relief sought. If agreement cannot be reached on a joint statement, each party must provide a short separate statement. The requirement that the parties briefly summarize their claims and defenses is not intended to be unduly burdensome. The parties are obliged to discuss and consider the nature of their claims and defenses at the planning conference in order to formulate a meaning ful case management plan. Moreover, the presiding judge needs to be informed of the nature of the claims and defenses in order to evaluate the reasonableness of the parties’ proposed plan. The statement of the parties’ claims and defenses, whether set forth jointly or separately, does not preclude any party from raising new claims and defenses as permitted by other applicable law.) A. Claims of Plaintiff(s) B. Defenses and Claims (Counterclaims, Third Party Claims, Cross Claims) of Defendant(s) Cc. Defenses and Claims of Third Party Defendant(s) IV. Statement of Undisputed Facts Counsel certify that they have made a good faith attempt to determine whether there are any material facts that are not in dispute. The parties state that the following material facts are undisputed Vv. Case Management Plan A. Standing Order on Pretrial Deadlines The parties [request] [do not request] modification of the deadlines in the Standing Order on Pretrial Deadlines [as follows]. B. Scheduling Conference with the Court The parties [request] [do not request] a pretrial conference with the Court before entry of a scheduling order pursuant to Federal Rule of Civil Procedure |6(b). The parties prefer a conference [in person] [by telephone]. Cc. Early Settlement Conference I. The parties certify that they have considered the desirability of attempting to settle the case before undertaking significant discovery or motion practice. Settlement [is likely] [is unlikely at this time] [may be enhanced by use of the following procedure]. 2 D. Joinder of Parties and Amendment of Pleadings Plaintiff(s) should be allowed until [date] to file motions to join additional parties and until [date] to file motions to amend the pleadings. Defendant(s) should be allowed until [date] to file motions to join additional parties and until [date] to file a response to any amended complaint. E. Discovery The parties anticipate that discovery will be needed on the following subjects: [list each of the principal issues of fact on which discovery will be needed; a statement that “discovery will be needed on liability and damages” is insufficient]. All discovery, including depositions of expert witnesses pursuant to Federal Rule of Civil Procedure 26(b)(4), will be commenced by [date] and completed (not propounded) by [date]. Discovery [will] [will not] be conducted in phases. Discovery on will be completed by [date]. The parties anticipate that Plaintiff(s) will require a total of depositions of fact witnesses and that Defendant(s) will require a total of depositions of fact witnesses. The depositions will commence by [date] and be completed by [date]. The parties [will] [will not] request permission to serve more than 25 interrogatories. Plaintiff(s) [intend] [do not intend] to call expert witnesses at trial. Plaintiff(s) will designate all trial experts and provide opposing counsel with reports from retained experts pursuant to Federal Rule of Civil Procedure 26(a)(2) by [a date not later than 3 months before the deadline for completing all discovery]. Depositions of any such experts will be completed by [a date not later than 2 months before the deadline for completing all discovery). Defendant(s) [intend] [do not intend] to call expert witnesses at trial. Defendant(s) will designate all trial experts and provide opposing counsel with reports from retained experts pursuant to Federal Rule of Civil Procedure 26(a)(2) by [a date not later than | month before the deadline for completing all discovery]. Depositions of such experts will be completed by [a date not later than the discovery cutoff date]. A damages analysis will be provided by any party who has a claim or counterclaim for damages by [date]. F. Dispositive Motions: Dispositive motions will be filed on or before [date]. VL. ‘Trial Readiness The case will be ready for trial by [date]. As officers of the Court, undersigned counsel agree to cooperate with each other and the Court to promote the just, speedy, and efficient determination of this action. Plaintiff{s) By Date: Defendant(s) By Date: The undersigned pro se parties certify that they will cooperate with all other parties, counsel of record and the Court to promote the just, speedy, and, efficient determination of this action. Plaintiffs) Date: Defendant(s) Date:

=== Standing-Order-on-Sentencing-in-Criminal-Cases.pdf ===

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS EL PASO DIVISION HONORABLE KATHLEEN CARDONE § § § § § § § ALL CRIMINAL CASES STANDING ORDER ON SENTENCING IN CRIMINAL CASES In light of the recent statement by the United States Supreme Court on the application of the United States Sentencing Guidelines in United States v. Booker, No. 04-104,2005 WL 50108 (u.S. Jan.12, 2005), the following procedures shall govern procedures in sentencing in cases before this Court. While Booker renders the Guidelines advisory rather than mandatory, the Guidelines and ranges prescribed therein for particular offenses may not be ignored. In determining an appropriate sentence, this Court is obliged to consider the factors set forth in section 3553(a) of Title 18 in imposing an appropriate sentence, which includes but is not limited to the nature and seriousness of the offense, the defendant's history and the need to deter future crime and protect the public. Presentence procedures shall be conducted as they were prior to Booker, with the following modifications. The Probation Office shall generate the Presentence Report and calculate the appropriate range under the Sentencing Guidelines. That suggested range will be weighed in the final calculus of what constitutes a reasonable sentence. Ifthe parties object to the suggested range, the presentence report shall contain the basis for such objections (ie., why the suggested range is not reasonable under the circumstances), a proposed range that would be considered reasonable, and a response to such objection. This process shall be repeated if both Government proposes a range higher than the suggested range and defendant proposes a range lower than the suggested range. All proposals shall be couched in terms of the factors set forth in section 3553(a) to the extent possible. Motions for upward or downward departure are no longer required given the advisory nature of the Guidelines. At sentencing, this Court will either reject proposed departures from the suggested Guideline range or accept the proposal and state on the record its findings as to why the suggested range is not appropriate under the circumstances of the case. The Clerk is directed to attach a copy of this Order to all notices of sentencing. SO ORDERED. Dated at El Paso, Texas, January 31,2005. A~ 2

=== Standing-Order-Regarding-Civil-Case-Assignments.pdf ===

UNITED STATES DISTRICT COURT FILED WESTERN DISTRICT OF TEXAS EL PASO DIVISION MAY 0 1 2012 § § § HONORABLE KATHLEEN CARDONE § ALL CIVIL CASES § § § STANDING ORDER 1. This Order governs all civil cases assigned to this Court. 2. The following matters are hereby referred to the United States Magistrate Judges for the E] Paso Division: a. All discovery issues; b. All non-prisoner requests to proceed in forma pauperis; and c. All suits brought to review the final decision of the Commissioner of Social Security Administration. Unless the parties consent to a final decision by the Magistrate Judge to whom the case is referred, such determination will be in the form of a report and recommendation. 3. Cases referred to a United States Magistrate Judge pursuant to this Order shall be randomly assigned. 4. All parties appearing in a civil proceeding before this Court, with the exception of proceedings involving appeals from the decisions of administrative agencies, habeas corpus proceedings pursuant to 28 U.S.C. §§ 2241, 2254 and 2255 and civil complaints by incarcerated prisoners, are required to participate in formal mediation after the filing of a responsive pleading but prior to the scheduled settlement conference date. The failure of a named defendant to file a responsive pleading within the time set forth in Rule 12 of the Federal Rules of Civil Procedure in no way obviates this requirement, in which case the parties that have appeared are obligated to notify this Court of such failure to appear and proceed in mediation. SO ORDERED. SIGNED on this 1* day of May, 2012. athe ladon KATALEEN CARDOKE UNITED STATES DISTRICT JUDGE

=== Standing-Order-Regarding-Civil-Motion-Content.pdf ===

FILED IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS MAY 0 1 2012 EL PASO DIVISION CLERK, U.8. COURT WESTERN Di 8 § BY HONORABLE KATHLEEN CARDONE § ALL CIVIL CASES § STANDING ORDER REGARDING CIVIL MOTION CONTENT In addition to complying with all applicable provisions of the Civil Local Rules and this Court’s standing orders, all civil motions, oppositions to motions and replies to oppositions must contain: (1) On the first page below the case caption and number, only the title of the motion; (2) A statement of the issue(s) to be decided not to exceed one page; (3) A succinct statement of relevant facts; (4) Argument of the parties, including pertinent authority; and (5) If in excess of ten (10) pages, a table of contents and table of authorities. The title page, table of contents, table authorities, and statement of issues do not count toward the page limitation set forth in Civil Local Rule CV-7(d). Any motion or filing not in compliance with this Order shall not be accepted for filing. Attached hereto as Appendix A is an outline of a motion to assist in compliance with the aforementioned requirements. SO ORDERED. SIGNED on this 1" day of May, 2012. adore. THLEEN CARBONE ITED STATES DISTRICT JUDGE APPENDIX A IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION [PLAINTIFF’S NAME] § § v. § [Case No.] § [DEFENDANT’S NAME] § [TITLE] Page STATEMENT OF ISSUES ......scssssssssssssstssesssssssssscsseseeseeeseeseasesseacsusassuesuesuceensenersssieestesassssenes [#4] I INTRODUCTION ....sssesssssssesesssessssssesseserossvenseeseeneesesseeveessedsecosuecuessesssuseasernessesansansesee (#) II. FACTUAL BACKGROUND... cscsssssssssseeseenssnsseeessaneseesssassesssasconsesesseseenseatesteneeaseaeenees [#] TIL. «= ARGUMENT uu... cecssecssssssssseessssseesesecssessrenessresesvcesssesassassacseenssesaessnssseaseassssssnsseeseeesenets [#] A. Legal Standard(s) .......c.ssssecsessscsssseereessessesesseesssessecsesnessenssessassacsassucsessscencesenaness [#] B. [Header] ......csssssssscssssssesssessesssnssseesecassessnesanssressanssssasscsseasssnesesseeseeseeatsneeneeneesee [#] Il. [Header] ........ cs csccessssssssessseessaseetssesneasersecessesaesssssneenessesssnesssassneersees [#] Cc. [Header] ..........sssscsssssesssvessnsevsasessessseseessssssavsecscscseesesssssassessssssacnesssansaversereerses [#J TV. — CONCLUSION 0... ce cecsesssstscessseseesessessssssessssssessssecsessessesneeresnesesessesssatsaecaececeseeateaesets [#] TABLE OF CONTENTS TABLE OF AUTHORITIES Page FEDERAL CASES Case Citations [Alphabetical Order] .0.........ssssscsssssssssssessssosscsseseesssacseseesessensseoeassesseecceeencenesens (#] STATE CASES Case Citations [Alphabetical Order] ............scsscssssscssecsessssessscssssesessscsesessecseseveesssoesereveeruscacenanes [#] STATUTES [Numerical/Alphabetical order] ............ssssssssssssseccessscsserscsssseeseesesscsscsscsececsscsessessnsanesesnecsueaeasess [#] MISCELLANEOUS [Alphabetical Order] ........ccccsssscssssssscssssssssessessesssesssecseeseecessssensessssaseasssssscasssessrsecsetssssserseeneenses (#] ii STATEMENT OF ISSUES iii L INTRODUCTION Il. FACTUAL BACKGROUND [Set forth pertinent factual background with corresponding citation(s) to record evidence.] Ill. ARGUMENT A. Legal Standard(s) [Set forth applicable legal standard(s) for relief requested.] B. [Header] 1. [Header] Cc. [Header] IV. CONCLUSION

=== Standing-Order-Regarding-Motions-for-Summary-Judgment.pdf ===

FILED IN THE UNITED STATES DISTRICT COURT MAY 0 1 2012 FOR THE WESTERN DISTRICT OF TEXAS q : Cf COURT EL PASO DIVISION Cee RN . fs OF TEXAS BY § § § HONORABLE KATHLEEN CARDONE § ALL CIVIL CASES § § STANDING ORDER REGARDING MOTIONS FOR SUMMARY JUDGMENT (a) Motions for Summary Judgment I. There shall be annexed to a motion for summary judgment a document entitled “Proposed Undisputed Facts,” which sets forth in separately numbered paragraphs a concise statement of each material fact as to which the moving party contends there is no genuine issue to be tried. All material facts set forth in said statement will be deemed admitted unless controverted by the statement required to be filed and served by the opposing party in accordance with (a)(2) of this Standing Order. 2: The papers opposing a motion for summary judgment shall include a document entitled “Response to Proposed Undisputed Facts,” which states in separately numbered paragraphs corresponding to the paragraphs contained in the moving party’s Proposed Undisputed Facts whether each of the facts asserted by the moving party is admitted or denied. The Response to Proposed Undisputed Facts shall also include in a separate section entitled “Disputed Issues of Material Fact” a list of each issue of material fact as to which it is contended there is a genuine issue to be tried. 3: Pursuant to Federal Rule of Civil Procedure 56(c), each statement of material fact by a movant in the Proposed Undisputed Facts or by a nonmovyant in the Response to Proposed Undisputed Facts, and each denial in a nonmovant’s Response to Proposed Undisputed Facts, must be followed by a specific citation to particular parts of (1) the affidavit or declaration of a witness competent to testify as to the facts at trial and/or (2) evidence that would be admissible at trial. The affidavits, declarations, deposition testimony, responses to discovery requests, or other documents and materials containing such evidence shall be filed and served with the Proposed Undisputed Facts and the Response to Proposed Undisputed Facts. Pursuant to Federal Rules of Civil Procedure 56(c)(3) and 56(e), counsel and pro se parties are hereby notified that failure to provide specific citations to evidence in the record as required by this Standing Order and Federal Rule of Civil Procedure 56(c)(1) may result in an order denying the motion for summary judgment when the movant fails to comply, or, an order granting summary judgment when the nonmovant fails to comply. 4. The Proposed Undisputed Facts and Response to Proposed Undisputed Facts referred to above shall be filed and served along with the motion (and supporting papers) and certificate of service required by this Court’s Motion Filing Procedure and the Federal Rule of Civil Procedure 56. (b) Notice to Pro Se Litigants Regarding Summary Judgment Any represented party moving for summary judgment against a party proceeding pro se shall file and serve, as a separate document, in the form set forth below, a “Notice to Pro Se Litigant Opposing Motion for Summary Judgment as Required by Standing Order Governing Motions for Summary Judgment.” If the pro se party is not a plaintiff, or if the case is to be tried to the Court rather than to a jury, the movant will modify the notice accordingly. The movant shall attach to the notice copies of the full text of Rule 56 of the Federal Rules of Civil Procedure and of this Standing Order. (c) Effective date This Standing Order applies to all summary judgment motions filed after May 4, 2012. SO ORDERED. SIGNED on this 1* day of May 2012. bandon THLEEN CARSONE UNITED STATES DISTRICT JUDGE Notice to Pro Se Litigant Opposing Motion For Summary Judgment As Required by Standing Order Governing Motions for Summary Judgment The purpose of this notice, which is required by the Court, is to notify you that the defendant has filed a motion for summary judgment asking the Court to dismiss all or some of your claims without a trial. The defendant argues that there is no need for a trial with regard to these claims because no reasonable jury could return a verdict in your favor. THE DEFENDANT’S MOTION MAY BE GRANTED AND YOUR CLAIMS MAY BE DISMISSED WITHOUT FURTHER NOTICE IF YOU DO NOT FILE PAPERS AS REQUIRED BY RULE 56 OF THE FEDERAL RULES OF CIVIL PROCEDURE AND THIS COURT’S STANDING ORDER GOVERNING MOTIONS FOR SUMMARY JUDGMENT. COPIES OF THESE RULES ARE ATTACHED TO THIS NOTICE, AND YOU SHOULD REVIEW THEM VERY CAREFULLY. The papers you file must show that (1) you disagree with the defendant’s version of the facts; (2) you have evidence contradicting the defendant’s version; and (3) the evidence you rely on, if believed by a jury, would be sufficient to support a verdict in your favor. To make this showing, you must submit evidence disputing the defendant’s version of the facts. This evidence may include affidavits or unsworn declarations that comply with 28 U.S.C. § 1746. An affidavit is a sworn statement by an affiant that the facts contained in the affidavit are true to the best of the affiant’s knowledge and belief. To be considered by the Court, an affidavit must be signed and sworn to in the presence of a notary public or other person authorized to administer oaths. Alternatively, you may submit unsworn declarations. However, pursuant to 28 U.S.C. § 1746, the unsworn declaration must contain the following sentence at the end of the declaration: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date]. [Signature}.” In addition to affidavits and declarations, you may also file deposition transcripts, responses to discovery requests, and other admissible evidence that support your claims. If you fail to submit evidence contradicting the defendant’s version of the facts, your claims may be dismissed without further notice. It is therefore very important that you read the defendant’s motion, memorandum of law, affidavits, and other evidentiary materials to see if you agree or disagree with the defendant’s version of the relevant facts. It is also very important that you review the enclosed copy of Standing Order Governing Motions for Summary Judgment carefully. This Standing Order provides detailed instructions conceming the papers you must file in opposition to the defendant’s motion, including how you must respond to specific facts the defendant claims are undisputed, see (a)(2), and how you must support your claims with specific references to evidence, see (a)(3). If you fail to follow these instructions, the defendant’s motion may be granted. You must file your response papers with the Clerk of the Court and mail a copy to the defendant’s counsel within fourteen (14) days of the filing of the defendant’s motion with the Clerk of the Court.

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