Standing Order JDK-7-1 Disclosure Statements; Tyler Divisional Order re Presiding Magistrate Judge; Referral Order JDK-72-1; Referral Order JDK-72-2; Defendant's Waiver Before Sentencing Hearing

Hon. Jeremy D. Kernodle · U.S. District Court for the Eastern District of Texas

Role: District Judge

Bluebook Citation: Hon. Jeremy D. Kernodle, Standing Order JDK-7-1 Disclosure Statements; Tyler Divisional Order re Presiding Magistrate Judge; Referral Order JDK-72-1; Referral Order JDK-72-2; Defendant's Waiver Before Sentencing Hearing, U.S. District Court for the Eastern District of Texas

Judge Profile: Hon. Jeremy D. Kernodle profile and standing orders

=== Standing Order JDK-7-1 Disclosure Statements ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS STANDING ORDER JDK-7-1: DISCLOSURE STATEMENTS CIVIL ACTIONS ASSIGNED TO JUDGE JEREMY D. KERNODLE At the time of a party’s first appearance in any civil or miscellaneous action assigned to the undersigned (including following removal), the party must file as a standalone docket entry a signed certificate of interested persons that contains:  All information required by Federal Rule of Civil Procedure 7.1(a); and  A complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary. If a party concurs in the accuracy of another party’s previously filed certificate, the party may adopt that certificate by reference. A party must supplement its certificate of interested persons within ten business days of any changes to the information filed. So ORDERED and SIGNED thisday of___________________________________JEREMY D. KERNODLEUNITED STATES DISTRICT JUDGE14thFebruary, 2023.

=== Referral Order JDK-72-1 ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS Referral Order JDK-72-1 Civil Actions Assigned to Judge Jeremy D. Kernodle Pursuant to 28 U.S.C. § 636 and Local Rule CV-72, it is hereby ORDERED: 1. Forty percent (40%) of all civil actions filed in the Tyler Division that are assigned to the undersigned are hereby referred to U.S. Magistrate Judges John Love and Nicole Mitchell to handle all pretrial proceedings pursuant to 28 U.S.C. § 636(b)(1). Half of these cases will be randomly assigned to Judge Love, and the other half will be randomly assigned to Judge Mitchell. 2. In cases in which the parties have not consented to trial before the magistrate judge, the magistrate judge shall conduct the pretrial conference and thereafter issue a report to the undersigned indicating that the case is ready for jury selection and trial. Upon receipt of the report, the referral under Paragraph 1 shall be withdrawn, and the case shall be returned to the undersigned for all further proceedings and entry of judgment. 3. In cases in which the parties have consented to trial before the magistrate judge, upon receipt of signed consent forms by all parties, the case shall be reassigned to the magistrate judge, who will conduct all proceedings, including jury and non-jury trials and order the entry of judgment. 4. In the event of recusal or other disqualification of the magistrate judge in a case referred and assigned under this Order, the case shall return automatically to the docket of the undersigned, subject to further orders of the Court. 5. Case referrals under Paragraph 1, case reassignments under Paragraph 3, and withdrawals of referrals under Paragraphs 2 and 4 shall be effected automatically under this Order. 6. This Order does not affect General Orders 05-4, 05-5, 05-6 and 05-7 or other established procedures for referral to magistrate judges of special category cases (e.g., preliminary motions to proceed in forma pauperis and for appointment of counsel in Title VII cases, prisoner cases, matters on the miscellaneous docket, etc.). 7. Nothing herein shall preclude reference of additional matters to the magistrate judge or the withdrawal of references in cases subject to this Order whenever appropriate. SoORDERED and SIGNED thisday of___________________________________JEREMY D. KERNODLEUNITED STATES DISTRICT JUDGE4thDecember, 2018.

=== Referral Order JDK-72-2 ===

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION REFERRAL ORDER JDK-72-2 CIVIL ACTIONS ASSIGNED TO JUDGE JEREMY D. KERNODLE 1. The undersigned hereby withdraws Referral Order JDK-72-1, signed December 4, 2018. 2. This order does not affect General Orders 05-4, 05-5, 05-6, 05-7, 05-10 or other established procedures for referral to magistrate judges of special category cases (e.g., preliminary motions to proceed in forma pauperis and for appointment of counsel in Title VII cases, prisoner cases, matters on the miscellaneous docket, etc.). 3. This order does not affect any existing cases referred or reassigned to a magistrate judge. 4. This order does not preclude future reference of any case to a magistrate judge or the withdrawal of reference as appropriate. So ORDERED and SIGNED thisday of___________________________________JEREMY D. KERNODLEUNITED STATES DISTRICT JUDGE15thJuly, 2019.

=== Defendant's Waiver Before Sentencing Hearing ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS __________________ DIVISION UNITED STATES OF AMERICA v. DEFENDANT § § § § § Case No. _____:YY-cr-XXX-JDK DEFENDANT’S WAIVER BEFORE SENTENCING HEARING I acknowledge receipt of the conditions of supervised release or probation recommended by the probation office in its Presentence Investigation Report. I understand those conditions, including the standard conditions, which are set forth in E.D. Tex. General Order 17-3, and I waive the oral pronouncement of them at sentencing. When the Court imposes the conditions, I agree to be bound by them and acknowledge that my supervised release or probation is subject to revocation, without a jury, for violating any of them. I am advised that the law provides a defendant a right to appeal a conviction and sentence and to seek court-appointed counsel and permission to appeal free of cost if unable to pay for an appeal. With few exceptions, any notice of appeal must be filed within 14 days of the date judgment is entered or within 14 days of the filing of a notice of appeal by the Government. If I have entered into a plea agreement that waives certain appellate rights, I am advised that such waiver is generally enforceable but may be challenged on appeal if I believe it to be invalid or 1 unenforceable. Understanding my appellate rights, I waive the oral advisement in court of those rights.1 Signed: _______________________ Defendant Date: _________ Witnessed: _______________________ Attorney for Defendant 1 See FED. R. CRIM. P. 32(j). 2

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