Standing Order MC-7 Motion Practice; Standing Order MC-12 Filing Of Answers And Defenses; Standing Order MC-16 Pretrial Conferences; Scheduling Orders; Joint Pretrial Orders; Required Pretrial Materials in Civil Cases; Standing Order MC-41 Settlements And Orders Of Dismissal; Standing Order MC-47 Se
Hon. Marcia A. Crone · U.S. District Court for the Eastern District of Texas
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=== Standing Order MC-7 Motion Practice ===
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION STANDING ORDER MC-7 MOTION PRACTICE The following standing order is hereby ADOPTED: STANDING ORDER MC-7 MOTION PRACTICE (a) MOTIONS (1) (2) A submission date may be extended, prior to the expiration of the submission period, by agreement of counsel except when the extension violates a court-imposed deadline. Counsel should file a joint motion for an extension of time and attach an appropriate agreed order. The court believes that most discovery disputes, especially those dealing with: (A) scheduling; (B) the number, length, or form of oral or written questions; (C) the responsiveness of answers to oral or written questions; and (D) the mechanics of document production, including protective orders and the proper method of raising claims of privilege, can be resolved by counsel without the court’s intervention. In general, discovery disputes should be raised with the court by written motion, and the opposing party should file a response. The court, however, will not hear emergency discovery motions unless moving counsel has utilized the discovery hotline, as outlined in Local Rule CV-26(e), and, if dissatisfied, has filed a timely objection to the magistrate judge’s disposition of the matter. (3) Motions for extending the discovery or motion deadline must be filed far enough in advance of the deadline to enable opposing counsel to respond before the deadline. (4) Requests for oral argument on motions are not necessary. The court administrator will notify counsel if the court determines that oral argument would be beneficial. If oral argument is permitted, counsel may offer evidence and testimony only if leave is obtained from the court in advance. (b) BRIEFS (1) (2) (3) (4) The court requires concise, pertinent, and well-organized briefs and memoranda of law. Citations to cases must include jump cites to the specific pages relied upon to support the party’s position. Any brief, memorandum, or motion that cites authorities not found in the United States Code, United States Supreme Court Reporter, Federal Reporter, Federal Appendix, Federal Supplement, Federal Rules Decisions, Southwestern Reporter, or Vernon’s Revised Texas Statutes and Codes Annotated should have attached as an appendix complete copies of such cases and the relevant portions of other non-case authorities. Copies of any affidavits, deposition testimony, or other discovery referred to in the motion should also be contained in the appendix. All appendices should contain a paginated table of contents. Counsel shall deliver to chambers bound, tabbed courtesy copies of any brief, memorandum, or motion that exceeds seventy-five (75) pages, including exhibits, with the CM/ECF header after filing. This order applies to all pending cases and to those filed on or after the date of this order. 2 ________________________________________MARCIA A. CRONEUNITED STATES DISTRICT JUDGESIGNED at Beaumont, Texas, this 29th day of September, 2020.
=== Standing Order MC-12 Filing Of Answers And Defenses ===
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS DAVID J MA DEPUTY- - STANDING ORDER MC-12 FILING OF ANSWERS AND DEFENSES BEAUMONT DIVISION BY . LAND, CLERK -..._-- JAN I I 2008 The following standing order is hereby ADOPTED: STANDING ORDER MC-12 FILING OF ANSWERS AND DEFENSES (a) (b) The court's procedure for filing answers and defenses supplants the procedure contained in Local Rule CV-12. Counsel may, by motion, request that the deadline be extended for a defendant to answer the complaint or file a motion under FED. R. CIV. P. 12(b). (c) No requests for extensions of deadlines may be made by application to the clerk. This order applies to all pending cases and to those filed on or after the date of this order. Signed at Beaumont, Texas, the ILUay of January, 2008. MARCIA A. CRONE UNITED STATES DISTRICT JUDGE
=== Standing Order MC-16 Pretrial Conferences; Scheduling Orders; Joint Pretrial Orders; Required Pretrial Materials in Civil Cases ===
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION STANDING ORDER MC-16 PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT The following standing order is ADOPTED: STANDING ORDER MC-16 PRETRIAL CONFERENCES; SCHEDULING; MANAGEMENT (a) PRETRIAL CONFERENCES AND SCHEDULING ORDERS (1) (2) (3) (4) Attached is a general scheduling order form used by the court in most cases. If the court has issued an Order to Conduct Rule 26(f) Conference that includes a sample scheduling order form, the parties should attempt to agree on deadlines for completion of pretrial matters and submit a proposed scheduling order with the joint conference report, using deadlines that are business days consistent with the bolded instructions on the sample scheduling order form. After receiving the joint conference report, the court will convene an in-chambers or in-court status conference and/or enter a scheduling order. If new parties are joined subsequent to the mailing of the order, the party causing such joinder shall provide copies of all orders previously entered in the case, along with the scheduling order, to the new parties. At every pretrial conference, counsel must be prepared to provide a brief synopsis of the facts underlying the dispute and address all pending and anticipated motions, jurisdictional and procedural matters, narrowing of substantive issues, and stipulations of fact. The court uses pretrial conferences to narrow issues and set cases for a prompt trial. A party seeking to amend the scheduling order should file a motion and attach a proposed scheduling order using deadlines that are business days consistent with the bolded instructions on the sample scheduling order form and following the format of the most recently entered scheduling order in that case. An updated list of Beaumont final status conference dates is available on the United States District Court for the Eastern District of Texas webpage for Judge Crone. (b) REQUIRED PRETRIAL MATERIALS IN CIVIL CASES (1) Joint Pretrial Order The joint pretrial order, including motions in limine, deposition designations, and a proposed charge and interrogatories or proposed findings of fact and conclusions of law, shall be filed on or before the date set forth in the scheduling order. The parties shall exchange proposed exhibits on or before the date the joint pretrial order is due. Any objections and responses to objections to the proposed exhibits, witnesses, and charge shall be filed on or before the deadlines set forth in the scheduling order. Counsel must confer concerning the contents of the joint pretrial order well in advance of the due date. Plaintiff’s counsel shall ensure that the joint pretrial order is timely filed. A form joint pretrial order is attached and may be adapted within reason to the size and type of case. Joint pretrial orders must be signed by all counsel. If, for some reason, the plaintiff fails to file the joint pretrial order, then the defendant is responsible for filing the defendant’s portion of a proposed pretrial order. All parties are responsible for complying with the requirements of the joint pretrial order. Failure to appear and/or timely file the joint pretrial order will subject counsel and his or her client to sanctions, including dismissal for want of prosecution and/or other appropriate judgment. ON THE DAY OF FILING, TWO (2) COURTESY COPIES OF THE JOINT PRETRIAL ORDER AND ATTACHMENTS, PRINTED IN COLOR AND BOUND IN LOOSELEAF THREE-RING NOTEBOOKS WITH DIVIDERS, ARE TO BE DELIVERED TO CHAMBERS. (2) Required Documents (A) For Jury Trials (i) An agreed charge, including proposed jury instructions (aside from usual prefatory or boilerplate instructions), definitions, and interrogatories shall be filed on CM/ECF electronically. Place the proposed interrogatories at the end of the document, after all instructions and definitions. Each requested instruction and definition should be simple, concise, and include a citation to the relevant authority. 2 (ii) The court expects the parties to resolve their differences as to these matters. If the parties cannot agree on a particular instruction or issue, however, such disagreement and alternate requests must be submitted on separate pages and will be resolved at the final pretrial conference or at a charge conference; (iii) Memoranda of law on disputed issues of law; (iv) Motions in limine. (B) For Non-Jury Trials (i) Proposed findings of fact and conclusions of law filed on CM/ECF electronically. Findings and conclusions must be in a form suitable for ruling from the bench after closing arguments; (ii) Memoranda of law on disputed issues of law; (iii) Post-trial briefs should be limited to specific issues requested by the court during or after trial. (C) For Evidentiary Hearings (iii) Exhibit lists and objections; (iv) Witness lists and objections; (v) Deposition designations and objections. (3) Exhibits (A) Counsel for each party shall assemble all documents, photographs, or other materials expected to be used as exhibits at trial. Such documents or copies must be made available to opposing counsel on or before the date the joint pretrial order is due. The parties must confer before submitting the Joint Pretrial Order to determine whether the parties intend to use any of the same documents, photographs, or other materials at trial. To the extent any such overlap exists, the parties must designate the overlapping materials as joint exhibits and file a joint exhibit list. If joint exhibits are agreed upon, they must each be marked with the case name, case number, and exhibit number. For exhibits that are not agreed upon, however, the offering party shall mark his or her own exhibits with the party’s name, case number, and exhibit number on each exhibit to be offered. If an exhibit has multiple pages, each page must be numbered consecutively. 3 (B) Any foreign language document offered by a party shall be accompanied by an English language translation and a certification signed by the translator that must be printed legibly or typed. Such certification must include a statement that the translator is competent to translate the document, and that the translation is true and accurate to the best of the translator’s knowledge. (C) Counsel requiring authentication of an exhibit must notify offering counsel in writing within three (3) business days after the exhibit is made available for examination. Failure to do so is an admission of authenticity. (D) Counsel shall attach to the joint pretrial order a list of all exhibits to be offered on a form substantially similar to that attached and shall submit to the court administrator prior to the final pretrial conference a final revised list of exhibits to be offered. (E) (F) (G) The court will admit all exhibits listed in the joint pretrial order into evidence at the final pretrial conference unless opposing counsel timely files written objections supported by authority. Objections and responses to objections to proposed exhibits, witnesses, and deposition excerpts, as well as responses to motions in limine, shall be filed by the date set forth in the scheduling order. The court will rule on objections to the exhibits at the final pretrial conference. Two (2) courtesy copies of the exhibits shall be printed in color and assembled in looseleaf three-ring notebooks with a numbered sticker on each document for use by the court. Such number shall also appear on a tab extending beyond the right side of the notebook. Each page of multi- page exhibits must be numbered consecutively. Each notebook shall be labeled on the outside cover with the name of the offering party, the case style, and the case number, and include a copy of the exhibit list. Each notebook shall not exceed three (3) inches in depth. Unless only joint exhibits are used, the notebooks of each party must be of a different color, and joint exhibits must be placed in a binder of third color and be accompanied by a joint exhibit list. The parties shall confer on notebook colors prior to submission. THESE NOTEBOOKS SHALL BE DELIVERED TO CHAMBERS ALONG WITH THE COURTESY COPIES OF THE JOINT PRETRIAL ORDER. (H) Counsel shall prepare three (3) additional sets of exhibit notebooks in the form described above for use (1) on the witness stand, (2) by the 4 court reporter, and (3) by the court administrator. These copies are in addition to the original exhibits to be tendered to the court administrator for submission to the jury and for later transmittal to the appellate court, if necessary. Each party must use a different color binder. Joint exhibits must be placed in a binder of another color. All admitted exhibits will go to the jury during deliberations. (4) Witnesses (A) Counsel shall submit as part of the joint pretrial order a copy of the party’s witness list, listing the witnesses in the order in which they will be called and stating the estimated time for examination, on a form substantially similar to that attached. Any personal identifiers must be redacted before filing, but include unredacted versions of the witness list with the courtesy copies of the joint pretrial order. In a lengthy trial involving numerous witnesses, a special scheduling order setting forth time limits for each aspect of the trial may be issued. (B) As mentioned above, objections and responses to objections to proposed exhibits, witnesses, and deposition excerpts, as well as responses to motions in limine, shall be filed by the date set forth in the scheduling order. Any objections to a witness’s proposed testimony will be ruled upon at the final pretrial conference if not already determined. (C) Counsel shall make every effort to elicit from the witnesses only information relevant to the issues in the case and to avoid cumulative testimony. (D) Counsel shall keep in mind the court’s hours and schedule witnesses accordingly. The court will not recess to permit counsel to call a missing witness unless he or she has been subpoenaed and has failed to appear. (5) Use of Depositions (A) With respect to all deposition testimony to be offered in evidence, counsel shall review the deposition and agree to excise all irrelevant and repetitive testimony and all colloquy between counsel. Counsel shall exchange their designated testimony and attempt to resolve all objections. Objections to any portion of the deposition shall be filed on the date set forth in the scheduling order, and the court will rule on the objections at the final pretrial conference. (B) TWO (2) COURTESY COPIES OF THE COMPLETE DEPOSITION SHALL BE DELIVERED TO CHAMBERS WITH THE JOINT PRETRIAL ORDER. The designated portions of each deposition shall 5 be highlighted as follows. Each party shall use a different color highlighter (e.g., plaintiff shall use a yellow highlighter, defendant shall use a blue highlighter, and a green highlighter will be used for overlapping designations). If any portion of the designation is objected to, the parties shall provide two (2) revised courtesy copies of the complete deposition, which shall include the highlighting of the designated portions as specified above, and the underlining the objected-to portions in red on or before the deadline for objections included in the scheduling order. (C) Under certain circumstances, the court may accept the parties’ agreement to use a deposition at trial even though the witness is available, but counsel shall request leave of court to do so at the time of filing of the joint pretrial order; otherwise, follow FED. R. CIV. P. 32. (D) Use of video depositions is permitted if they are edited to remove sidebar remarks and testimony to which objections are sustained. This order applies to all pending cases and to those filed on or after the date of this order. 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS ________________________________ versus ________________________________ § § § § § § § SCHEDULING ORDER CIVIL ACTION NO. 1:__-CV-___ The following schedule shall be followed. All communications concerning the case shall be directed in writing to Julia Colyer, Court Administrator for Judge Crone, 300 Willow St., Suite 239, Beaumont, TX 77701. For urgent matters, Ms. Colyer may be contacted at (409) 654-2880. This scheduling order does not relieve the parties from obtaining leave of court whenever required by statute, the Federal Rules of Civil Procedure, local rule, or case law. All parties must comply with Judge Crone’s Standing Orders, which are available on the court’s website: https://www.txed.uscourts.gov/?q=judge/district-judge-marcia-crone. Failure to comply with the Standing Orders or any other order of the court may result in the imposition of sanctions. 1. ________________________ NEW PARTIES shall be joined by this date. 2. ________________________ The pleadings shall be AMENDED by this date. 3. ________________________ PLAINTIFF[S] shall designate EXPERT WITNESSES in writing and provide expert reports by this date. (This date must be after the deadline to amend pleadings.) 4. ________________________ DEFENDANT[S] shall designate EXPERT WITNESSES in writing and provide expert reports by this date. (This date must be after the deadline to amend pleadings.) 5. ________________________ DISCOVERY shall be completed by this date. (This date must be after the deadlines to designate expert witnesses.) 6. ________________________ MOTION CUT-OFF. Aside from motions in limine, no motion, including motions to exclude or limit expert testimony, shall be filed after this date except for good cause shown. Without leave of court, a party may file only one summary judgment motion. (This date must be at least 2 weeks after the discovery completion date.) If no motions are pending at the time of the Motion Cut-Off deadline, the parties shall submit a joint status report by this date. The status report should state whether this matter will be ready for trial by the Final Status 7. ________________________ Conference deadline, as well as any other pertinent issues regarding these proceedings. The JOINT PRETRIAL ORDER, including motions in limine, deposition designations, and a proposed charge or proposed findings of fact and conclusions of law, shall be filed and proposed trial exhibits shall be exchanged on or before this date. (This date must be at least 12 weeks after the motion cut-off.) 8. ________________________ OBJECTIONS TO proposed exhibits, witnesses, and deposition designations, as well as responses to motions in limine, shall be filed by this date. (This date must be no more than 1 week after the Joint Pretrial Order is due.) 9. ________________________ RESPONSES TO OBJECTIONS shall be filed by this date. A failure to file a response to an objection shall create a presumption in favor of the court’s sustaining the objection. (This date must be no more than 1 week after the objections are due.) 10. ________________________ FINAL STATUS CONFERENCE at 10:00 a.m. (Select a date from the attached list, which must be at least 2 weeks after the responses to objections are due.) The case will be set for Final Pretrial Conference and Trial at the Final Status Conference. The parties should be prepared to try the case by this date. 11. _______________________ Estimated time to try before a jury/the court. (Underline one.) Beaumont Final Status Conference Dates for Judge Marcia A. Crone (Select one of the dates listed below to complete Number 10 of the Scheduling Order) November 7, 2025 December 5, 2025 January 2, 2026 February 6, 2026 March 6, 2026 April 3, 2026 May 1, 2026 June 5, 2026 July 10, 2026 August 7, 2026 September 4, 2026 October 2, 2026 November 6, 2026 December 4, 2026 January 8, 2027 February 5, 2027 March 5, 2027 April 2, 2027 May 7, 2027 June 4, 2027 July 2, 2027 August 6, 2027 September 3, 2027 October 1, 2027 November 5, 2027 December 3, 2027 January 7, 2028 February 4, 2028 March 3, 2028 April 7, 2028 May 5, 2028 June 2, 2028 July 7, 2028 August 4, 2028 September 1, 2028 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS ________________________________ versus ________________________________ § § § § § § § CIVIL ACTION NO. 1:__-CV-___ JOINT PRETRIAL ORDER Appearance of Counsel List the parties, their respective counsel, and the physical addresses, email address, and telephone numbers, including cell phone numbers, of counsel in separate paragraphs. Statement of the Case Give a brief statement of the case to inform the court and/or jury of the salient facts, which the court may read to the jury panel to ascertain whether any panelists are familiar with the facts or parties involved in the case. Include names, dates, and places. The statement should not exceed one paragraph per party. Briefly set out why the court has full and complete jurisdiction of the subject matter and the parties. If there is an unresolved jurisdictional question, state the problem. Jurisdiction List any pending motions. Motions Contentions of the Parties State concisely in separate paragraphs what each party claims. List all facts that require no proof. Admissions of Fact Contested Issues of Fact List all facts in controversy necessary to the final disposition of the case. Agreed Applicable Propositions of Law State the legal principles governing this case that are not in dispute. Contested Issues of Law State briefly the disputed issues of law. MEMORANDA OF AUTHORITIES MUST BE FILED TO ADDRESS EACH OF THE ISSUES THAT AFFECT THE CASE. Exhibits Each counsel shall attach to the joint pretrial order a list on a form substantially similar to that attached of all exhibits expected to be offered. Counsel shall make the exhibits available for examination by opposing counsel on or before the date the joint pretrial order is due. This rule does not apply to rebuttal exhibits or those the use of which cannot be anticipated. All counsel requiring authentication of an exhibit must notify the offering counsel in writing within three (3) business days after the exhibit is made available. Failure to object in writing concedes authenticity. The court will admit into evidence all exhibits listed in the final pretrial order unless opposing counsel files written objections with authorities by the date set forth in the scheduling order. The filing should include copies of the disputed exhibit and relevant authority. The offering party shall mark his or her own exhibits before trial to include the party’s name, case number, and exhibit number on each exhibit, unless joint exhibits are to be used and marked accordingly. If an exhibit has multiple pages, each page must be numbered consecutively. Witnesses Each counsel shall attach a list in a form substantially similar to that attached setting forth the names and addresses of each witness (not counsel’s address) who will or may be called at trial in the order of his or her appearance, including a brief statement of the subject matter and substance of his or her testimony, as well as the estimated time for his or her examination. If a witness is to appear by deposition, cite the inclusive pages and lines to be read. Objections to those portions (citing pages and lines) with supporting authority shall be filed by the date set forth in the scheduling order. Counsel shall submit a written summary of the qualifications of each expert witness. The court expects the attorneys to prove their witnesses’ expertise through examination. Include in this section the following statement: In the event there are any other witnesses to be called at the trial, their names, addresses, and the subject matter of their testimony shall be reported to opposing counsel as soon as they are known. This restriction shall not apply to rebuttal or impeachment witnesses, the necessity of whose testimony cannot reasonably be anticipated before the time of trial. Settlement Include a statement as to the status of settlement negotiations, and, if applicable, that all settlement efforts have been exhausted. State the current settlement demand and offer and whether the case can reasonably be expected to settle. Include in this paragraph the following: (a) Whether trial will be jury or non-jury; Trial (b) Probable length of trial; (c) Availability of witnesses; (d) Any foreseeable logistical problems. Additional Required Attachments For jury trials, file the following electronically on CM/ECF AND DELIVER TWO COURTESY COPIES TO CHAMBERS: (a) Proposed questions for the voir dire examination; (b) Agreed charge, including proposed jury instructions, definitions, interrogatories, and authority; (c) Memoranda of law on disputed issues of law; (d) Motions in limine; (e) Deposition designations. For non-jury trials, file the following electronically on CM/ECF AND DELIVER TWO COURTESY COPIES TO CHAMBERS: (a) Proposed findings of fact and conclusions of law, separating those agreed from those in dispute. The conclusions of law must include citation of authority; (b) Memoranda of law on disputed issues of law; (c) Deposition designations. APPROVED: Counsel for Plaintiff(s) Date Counsel for Defendant(s) Date UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS ________________________________ versus ________________________________ § § § § § § § CIVIL ACTION NO. 1:__-CV-___ EXHIBIT LIST OF ______________ DATE SUBMITTED: ____________ PRESIDING JUDGE Marcia A. Crone PLAINTIFF’S COUNSEL DEFENDANT’S COUNSEL JURY/ NON-JURY TRIAL COURT REPORTER COURTROOM DEPUTY Julia Colyer [Party Name] NO. OFFERED OBJECTION ADMITTED DESCRIPTION OF EXHIBIT CASE STYLE: [Party Name] NO. OFFERED OBJECTION ADMITTED DESCRIPTION OF EXHIBIT EXHIBIT LIST (Continued) CASE NO. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS ________________________________ versus ________________________________ § § § § § § § CIVIL ACTION NO. 1:__-CV-___ WITNESS LIST OF ______________ DATE SUBMITTED: ____________ PRESIDING JUDGE Marcia A. Crone PLAINTIFF’S COUNSEL DEFENDANT’S COUNSEL JURY/ NON-JURY TRIAL COURT REPORTER COURTROOM DEPUTY Julia Colyer NO. WITNESS NAME WITNESS ADDRESS (Including City of Residence and Telephone Number) DESCRIPTION OF WITNESS TESTIMONY (Including estimated time for his or her examination) CASE STYLE: WITNESS LIST (Continued) CASE NO. NO. WITNESS NAME WITNESS ADDRESS (Including City of Residence and Telephone Number) DESCRIPTION OF WITNESS TESTIMONY (Including estimated time for his or her examination)
=== Standing Order MC-41 Settlements And Orders Of Dismissal ===
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION F!L D ~.~ u.s. L):!S"-'F;~i 18 STANDING ORDER MC-4I SETTLEMENTS AND ORDERS OF ~:~~ly.&tL The following standing order is hereby ADOPTED: STANDING ORDER MC-41 SETTLEMENTS AND ORDERS OF DISMISSAL (a) SETTLEMENTS (1) (2) (3) (4) (5) (6) (7) The parties in every civil action must make a good faith effort to settle the case. Settlement negotiations shall be entered into at the earliest possible time, well in advance of any pretrial conference. The court, upon motion by a party or sua sponte, may order mediation if deemed appropriate. The court will be available for settlement discussions. In nonjury cases, the court will not discuss settlement figures except upon request and approval of all concerned parties. Counsel shall immediately notify the court administrator of the settlement of any case with pending motions or set for conference, hearing, or trial. Announcement of settlement must be followed by the closing papers within thirty (30) days. Upon settlement of a suit involving a minor plaintiff, counsel shall jointly move for appointment of a guardian ad litem ifthere is a potential conflict of interest between the parent(s) and the minor. If counsel cannot agree on a guardian ad litem, each counsel shall submit the names of three proposed ad litems, and the court will appoint one guardian ad litem from the list. With the motion for appointment, counsel will notify the court administrator by letter requesting a settlement conference. Prior to the conference, counsel shall furnish the court a copy of the proposed final judgment and any additional information that counsel feel might be helpful to the court in approving the settlement. Any motion by the guardian ad litem requesting that funds be placed in the registry of the court must be filed prior to the conference and approved by the Finance Administrator of the Clerk's office. (8) All counsel and parties must attend the conference unless excused for good cause shown. (b) ORDERS OF DISMISSAL In the absence of a showing of good cause, any defendant upon whom service has not been perfected within 120 days after the complaint is filed will be dismissed from the case without prejudice for want of prosecution in accordance with FED. R. CIV. P. 4(m) and Local Rule CV-41. This order applies to all pending cases and to those filed on or after the date of this order. Signed at Beaumont, Texas, the 28/L-day of February, 2005. ~tL~ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2
=== Standing Order MC-47 Selection Of Jurors ===
IN THE UNITED STATES DISTRICT COURT. FOR THE EASTERN DISTRICT OF TEXASw BEAUMONT DIVISION /LV.J F~_L. 18 STANDING ORDER MC-47 SELECTION OF JURO~i~S. , u v i . [} . ~·"-i..i·· / . /#1 . It;;L~~ .. .J ..- .._.~_. The followmg standmg order IS hereby ADOPTED: . . , STANDING ORDER MC-47 Selection of Jurors (a) VOIR DIRE (1) (2) (3) (4) (5) The court will conduct a preliminary examination of the jury panel. Following the court's examination, each side will be allowed from fifteen (15) to twenty (20) minutes to examine the panel. Prior to the commencement of voir dire, counsel for each party will receive a copy of a list of randomly selected, pre-qualified jurors prepared by the Clerk's office as well as a brief information sheet on each panelist. Do not waste voir dire by using it as an opening statement. Remember that strikes will be made from the top of the panel list. The panel comes from the jury administrator set up in a random fashion-do not ask for are-shuffle. (b) POST-TRIAL CONTACT In accordance with Local Rule CV-47, after the verdict is rendered and the jury and counsel are excused, counsel may contact the jurors if permitted by the court, but counsel may not use information gained from such discussions to impeach the verdict. This order applies to all pending cases and to those filed on or after the date of this order. Signed at Beaumont, Texas, the 2;11u1ay of February, 2005. "~llA:ci d: LLnt / MARCIA A. CRONE UNITED STATES DISTRICT JUDGE
=== Standing Order MC-56 Motions For Summary Judgment ===
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION STANDING ORDER MC-56 MOTIONS FOR SUMMARY JUDGMENT The following standing order is hereby ADOPTED: STANDING ORDER MC-56 SUMMARY JUDGMENT (a) MOTIONS FOR SUMMARY JUDGMENT AND OTHER DISPOSITIVE MOTIONS With respect to motions for summary judgment and other dispositive motions, all briefs and memoranda must contain items (3), (4), (5), (6), (8), and (9) from the list below. Any brief or memorandum that has more than ten (10) pages of argument must contain all the following items listed: (1) (2) (3) (4) (5) A table of contents setting forth the page number of each section, including all headings designated in the body of the brief or memorandum; A table of citations of cases, statutes, rules, treatises, and other authorities, alphabetically arranged; A short statement of the nature and stage of the proceeding; A list of undisputed facts upon which the movant relies to demonstrate entitlement to the relief requested. The list shall contain only material facts that are not in dispute, and each fact shall be enumerated in a separately numbered sentence with reference to the evidentiary record; A response by the opposing party to the movant’s claimed undisputed material facts. Each response to the movant’s list shall be designated as such and contain a specific numbered reply to each numbered sentence in the movant’s list of claimed undisputed facts. The response shall consist of the single word “undisputed,” the single word “disputed” followed by a specific reference to the evidentiary record, a short explanatory phrase such as “undisputed but not material,” or “undisputed by context clarified in sentence ____ below.” If the non- moving party needs more discovery as to a particular fact listed by the movant, such party must state exactly what discovery is required, from whom it is needed, and when the party proposes to complete such discovery. The non-movant may then list any additional material facts which are deemed to require denial of the motion, setting out each fact in a separate sentence with a citation to the evidentiary record; (6) The movant shall clearly set forth a statement of the issues to be ruled upon by the court and a short statement, supported by authority, of the standard of review for each issue. The non-movant need not list these issues in the response but may state other issues, such as affirmative defenses, that would justify denial of the motion; (7) A short summary of the argument; (8) The argument shall be divided under appropriate headings, succinctly setting forth separate points with citations to controlling statutes and/or cases which explain why the court should resolve the issues accordingly; (9) A short conclusion stating the precise relief sought. Counsel shall deliver to chambers bound, tabbed courtesy copies of any brief, memorandum, or motion that exceeds seventy-five (75) pages, including exhibits. This order applies to all pending cases and to those filed on or after the date of this order. 2 . ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGESIGNED at Beaumont, Texas, this 7th day of September, 2004.SIGNED at Beaumont, Texas, this 23rd day of August, 2011.
=== Standing Order MC-72 (a) Order Vacating Standing Referral Order ===
\~.~:-DIS TH t~'"C[OGRT IN THE UNITED STATES DISTRICT COURT 05 AUG i 1 AM 10: 26 .,.......\ t " ,..- ;'"1 f:..=' BEAUMONT DIVISION MC-72(a) ORDER VACATING STANDING REFERRAL ORDER RE: CIVIL ACTIONS ASSIGNED TO JUDGE MARCIA A. CRONE Referral Order MC-72, entered March 1, 2005, is hereby vacated. SIGNED at Beaumont, Texas, this 16th day of August, 2005. MARCIA A. CRONE UNITED STATES DISTRICT JUDGE
=== Standing Order MC-83 (C) Judge's Directives ===
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION STANDING ORDER MC-83 JUDGE’S DIRECTIVES The following standing order is ADOPTED: STANDING ORDER MC-83 JUDGE’S DIRECTIVES (a) CONTACT WITH COURT PERSONNEL (1) (2) (3) Case-related telephone inquiries should be made to the court administrator only, not to the law clerks or to the judge. The court administrator may be contacted at (409) 654-2880. The case load prevents the court administrator from responding to casual telephone inquiries about motions and case status. Inquiries about such matters should be in writing unless time does not permit. Information about the electronic filing of documents, exemptions to the electronic filing of documents, the entry of orders, or docket entries should be obtained from the District Clerk’s Office for the Eastern District of Texas - Beaumont Division at (409) 654-7000. In addition, such information is available through the Case Management/Electronic Case Files (CM/ECF) database, which provides attorneys with docketing information, printable images of documents, 24-hour filing capability, and e-mail (rather than fax) notification of the entry of court orders and judgments. This database can be accessed from the Eastern District’s web site at www.txed.uscourts.gov and requires registration. (4) Case-related correspondence should be addressed to: Ms. Julia Colyer Court Administrator for Judge Marcia A. Crone 300 Willow Street, Suite 239 Beaumont, Texas 77701-2200 (5) Substantive issues should not be raised in letter form or via email because letters and emails are not docketed or included in the appellate record. A copy of urgent documents should be filed and a courtesy copy should be sent directly to chambers to ensure that they quickly come to the court’s attention. (6) At the court’s direction, the law clerks may contact counsel, but they will not discuss matters other than the subject of the call, and counsel should not attempt to extract additional information. Counsel should respond promptly to a law clerk’s inquiry and treat the law clerk with courtesy. (b) EMERGENCIES (1) Applications for restraining orders or for other immediate relief should be made through the court administrator. The court administrator will present such applications to the court following counsel’s affirmation that the opposing party has been contacted and that both parties can be available for a hearing on the record. (2) Motions for extension of deadlines or cut-off dates are not emergencies. (c) APPEARANCES (1) An attorney who appears at a hearing or conference shall: (A) be familiar with the case; (B) have authority to bind the client; (C) be in charge for that appearance; (D) be on time; and (E) be dressed professionally in the absence of extenuating circumstances. (2) (3) Counsel must notify the court administrator immediately of the resolution of any matter that is set for a trial or hearing. Failure to appear when notified of a setting will subject that attorney and/or the attorney’s client to sanctions, including dismissal for want of prosecution and/or appropriate judgment. (d) ELECTRONIC FILING Any questions concerning electronic filing procedures, requirements, or attorney registration should be directed to the District Clerk’s Office. (e) TRANSLATION OF DOCUMENTS Any foreign language document offered by a party in a proceeding shall be accompanied by an English language translation and a certification signed by the translator that must be printed legibly or typed. Such certification must include a 2 statement that the translator is competent to translate the document, and that the translation is true and accurate to the best of the translator’s knowledge. (f) COURTROOM DECORUM Counsel are responsible for instructing the parties and witnesses on courtroom decorum. (1) Counsel shall ensure that all parties and witnesses refrain from chewing gum, drinking, eating, smoking, wearing hats, using electronic devices, or reading newspapers, books, etc., in the courtroom. (2) All counsel and parties are expected to be seated at the counsel tables and ready to proceed when court is called into session. Counsel may drink water in the courtroom at the counsel table, but no other eating or drinking is permitted. (3) Counsel shall question witnesses while standing at the lectern. (4) Counsel shall conduct opening statements and closing arguments from the lectern. (5) Counsel need not seek permission to “approach the witness” unless requested to do so by the court. (6) All counsel are expected to stand at all times when addressing the court. (7) Counsel must place all cellular and other mobile devices on silent mode. (g) COURTROOM ATTIRE (1) Attorneys, Parties, and Corporate Representatives Attorneys and their staff, parties (except criminal defendants in custody), and corporate representatives are required to wear standard business attire. For men, this includes a suit and tie or a coat and tie with tailored slacks or khaki pants. A coat and tie with jeans or other denim pants are not acceptable. For women, this includes a tailored suit or dress. Slacks are appropriate if part of a tailored suit. Slacks or skirts with a blouse or sweater, but without a jacket, are not acceptable. Extremely short skirts and other revealing clothing (short, low- cut, sheer) are not acceptable. (2) Jurors and Witnesses Jurors and witnesses shall dress appropriately and respectfully for the courtroom. For men, other than uniformed law-enforcement officers, this 3 includes a coat and slacks or khaki pants. For women, other than uniformed law-enforcement officers, this includes a tailored suit or dress or a blouse or sweater with an appropriate skirt, tailored slacks, or khaki pants. The following shall not be permitted in the courtroom: shorts, jeans or other denim pants, overalls, scrubs, tee shirts, tank tops, midriff-bearing or other revealing or low- cut clothing, extremely short skirts, sunglasses, flip-flops, and hats. (3) Spectators Spectators are required to dress appropriately and respectfully for the courtroom. Men are required to wear coats. The following shall not be permitted in the courtroom: shorts, scrubs, tee shirts, tank tops, midriff- bearing or other revealing or low-cut clothing, extremely short skirts, sunglasses, flip-flops, and hats. (4) Responsibility of Counsel Counsel are responsible for ensuring compliance with these rules by their clients, party representatives, and witnesses. Counsel should contact the court in advance if special accommodations are desired for a client, party representative, or witness. (h) TRIAL SETTINGS (1) Civil matters are set for final status conference by scheduling order. At the final status conference, the case will be set for final pretrial conference and trial. All pending motions, as well as objections to the use of exhibits, witnesses, and deposition excerpts at trial, will be ruled on at the final pretrial conference if not previously resolved. (2) With regard to criminal cases, the court holds final pretrial conferences the second Monday of each month at 9:00 a.m. unless the parties are otherwise notified. The parties should be prepared to answer questions on any pending motions. All pending motions, as well as objections to the use of exhibits and witnesses, will be ruled on before or at the pretrial conference. Trial of the case will begin immediately after the pretrial conference. A case not reached for trial at the original setting will be reset to the earliest possible date. (3) Unless an attorney has actually begun trial in another court, prior settings will not cause a case to be continued. (i) CONTINUANCES (1) Joint motions for continuance are not binding and will be granted only at the court’s discretion. 4 (2) (3) Bona fide vacation requests will be respected if they are made well in advance of the trial setting. A trial will not be continued because of the unavailability of a witness. Counsel are expected to anticipate such possibilities and should be prepared to present testimony by stenographically-recorded deposition, video deposition, or stipulation. (j) COURTROOM PROCEDURES (1) Hours The court’s hours during trial will vary depending upon the type of case and the needs of the parties, counsel, witnesses, and the court. The court will normally convene at 9:00 a.m. and adjourn around 6:00 p.m., taking morning and afternoon breaks, and recessing for lunch for one hour and fifteen minutes. (2) Access at Other Times Counsel needing access to the courtroom to set up equipment or exhibits before or after the standard hours must arrange in advance with the court administrator to have the courtroom opened. (3) Equipment (A) (B) (C) The courtroom is equipped with an overhead projector; sound and video equipment; input for laptops at the bench, counsel table, witness stand, and podium; monitors at the bench, counsel table, witness stand, jury box, and podium; a document camera; a drop down projector screen facing the jury; and easels. Counsel are responsible for setting up the overhead projector and sound or video equipment. Prior permission must be obtained from the court administrator in order to permit arrangements to be made with the court security officers. Because jurors are permitted to take notes during trial, counsel, in a civil trial, are responsible for providing a notepad and a pen for each member of the jury. Counsel shall furnish these items to the court administrator on the first day of trial. 5 (4) Telephones Telephone messages for counsel or the parties will not be taken by the judge’s staff, and counsel shall refrain from requesting use of telephones in chambers. (5) Seating (A) In civil trials, the court does not designate seating at counsel tables. This is determined on a first-come, first-served basis on the first day of trial. (B) Enter and leave the courtroom by the front doors only; do not use the court’s entrance or the side entrances. (6) Availability While the jury is deliberating, counsel, unless given permission by the court to leave, shall remain in or near the courtroom to be available immediately for jury notes or a verdict. This order applies to all pending cases and to those filed on or after the date of this order. 6
=== Instructions, Affidavit And Form For Filing A Late Claim Re: January 23, 2010 Port Arthur Oil Spill, Case No. 1:10-cv-51 ===
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION IN THE MATTER OF THE COMPLAINT OF AET INC., LTD., AS OWNER, AND AET SHIPMANAGEMENT PTE., LTD. AS MANAGER, OF THE M/V EAGLE OTOME, FOR EXONERATION FROM OR LIMITATION OF LIABILITY § § § § § § Civil Action No. 1:10-CV-51 DIRECTIONS ON LATE CLAIMS 1. 2. 3. 4. 5. Pursuant to the Court’s Order under 46 U.S.C. §§ 30501 et seq. and Rule F of the Federal Rules of Civil Procedure, Supplemental Rules for Admiralty and Maritime Claims, the Court previously ordered that claims MUST be filed and served on or before April 6, 2010. Claimants seeking to file claims after April 6, 2010 must first obtain leave of Court to have their claims considered. Claimants are directed to follow the procedures described below when seeking leave to file late claims. Claimants seeking leave from the Court to file a claim after April 6, 2010, must fill out a copy of the claim form AND a copy of the attached affidavit, stating the claimant’s reasons for filing a late claim. The affidavit must be notarized. The claimant is responsible for completing the affidavit and having it notarized on his/her own. The Clerk’s office, the Court and the attorneys for Petitioner DO NOT provide notary services. Using the attached claim form and affidavit, the Claimant should file one copy of both the claim and the affidavit with the Clerk’s Office of the United States District Court for the Eastern District of Texas, Beaumont Division, located at 300 Willow St., Suite 104, in Beaumont, Texas, 77701. If you need directions, please contact the Clerk’s Office at (409) 654-7000. EACH person with a claim must fill out a SEPARATE claim form AND affidavit. The form and affidavit must be filled out COMPLETELY and PROPERLY or they will NOT be accepted. If the claimant is a minor, a parent or legal guardian should complete and sign the claim form on the minor’s behalf. A minor is any child under the age of 18. Under “Claimant’s name,” the parent or guardian should write their own name, followed by “on behalf of the minor child” and the minor child’s name. For example, parent Mary Smith who files on behalf of her child Jane Smith should write “Mary Smith, on behalf of the minor child Jane Smith.” There must be a separate claim form for each minor child making a claim. The parent or guardian must complete the affidavit stating the reasons for filing the minor’s claim late. 6. The Claimant should mail a second copy of both the Claim and affidavit to counsel for Petitioner, AET Inc., Ltd, at the following address: Mark Freeman Stevens Baldo & Freeman 550 Fannin, Suite 700 Beaumont, TX, 77701 7. The Court and Clerk’s Office cannot give you legal advice or present your claim for you. If you have any questions about your claim, or the procedures for filing, you should consult an attorney. The Jefferson County Bar Association Attorney Referral telephone number is (409) 835-8438. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION IN THE MATTER OF THE COMPLAINT OF AET INC., LTD., AS OWNER, AND AET SHIPMANAGEMENT PTE., LTD. AS MANAGER, OF THE M/V EAGLE OTOME, FOR EXONERATION FROM OR LIMITATION OF LIABILITY § § § § § § Civil Action No. 1:10-CV-51 JUDGE RON CLARK CLAIM Pursuant to the Court’s Order under 46 U.S.C. §§ 30501 et seq. and Rule F of the Federal Rules of Civil Procedure, Supplemental Rules for Admiralty and Maritime Claims, claims MUST be filed and served on or before April 6, 2010. Accordingly, any claimant seeking to file a claim after April 6, 2010, must also complete the attached affidavit stating the reasons for seeking leave to file a late claim. Claimant’s Name: ______________________________________________________________ Claimant’s Address: _____________________________________________________________ _____________________________________________________________ Claimant’s Telephone Number: ( ) ______________________________________________ Date(s) of Incident Giving Rise to Claim: ____________________________________________ Brief Description of Claim and any Relevant Facts: ____________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________ ____________________________________ Date Signature of Claimant ____________________________________ Print name of Claimant IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION IN THE MATTER OF THE COMPLAINT OF AET INC., LTD., AS OWNER, AND AET SHIPMANAGEMENT PTE., LTD. AS MANAGER, OF THE M/V EAGLE OTOME, FOR EXONERATION FROM OR LIMITATION OF LIABILITY § § § § § § Civil Action No. 1:10-CV-51 AFFIDAVIT IN SUPPORT OF REQUEST TO FILE LATE CLAIM STATE OF _______________________ COUNTY OF _____________________ Claimant (print name) __________________________, being duly sworn, resides in the City of __________________, State of ________________, and now appears before the undersigned notary public, and states as follows: The Petitioner, AET, Inc., Limited, has filed a petition for limitation of liability pursuant to Rule F of the Federal Rules of Civil Procedure, Supplemental Rules for Admiralty and Maritime Claims, and 46 U.S.C. §§ 30501 et seq., seeking the benefit of this Rule and these statutes and restraining all persons who sustained damages from prosecuting actions at law and are requiring them to file a claim in this proceeding. The time within which to serve and file claims in this proceeding expired on April 6, 2010. Claimant (print name) ___________________ seeks court leave to file a claim, described separately in the Claim form. Claimant’s reasons for delay in filing a claim, in detail are: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 1 ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Claimant requests leave to file the Claim in this proceeding nunc pro tunc, after the April 6, 2010, deadline for filing claims, and seeks to have the Claim considered timely filed. Because of the expiration of time for filing claims set by the Court, claimant seeks an order of the Court granting leave to file the claim late, for the reasons stated above. ____________________ Date ____________________________________ Signature of Claimant ____________________________________ Print name of Claimant Subscribed and sworn to, before me, the undersigned notary, to which witness my hand and seal of office on this _________________________ day of _________________, 20_____. ______________________________ Signature of Notary Public ______________________________ Printed Name of Notary Public 2
=== Beaumont Divisional Standing Order 2022-6 ===
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION DIVISIONAL STANDING ORDER NO. 2022-6 REGARDING COURTHOUSE SECURITY POLICIES In addition to General Order 18-6, the following security policies are hereby adopted for the Jack Brooks United States Courthouse in Beaumont, Texas (the Courthouse): Prohibited Items Visitors and guests to the Courthouse are not per itted to bring any of the following items into the Courthouse without prior approval from a District or Magistrate Judge: (a) Liquids, aerosols, or gels. This includes bottles of water. (b) Laser Lights / Pointers. (c) Cigarette Lighters. (d) Vape pens. Court employees and other building tenants are exempt from this policy. Electronic Communication Devices With respect to electronic communication devices, in addition to the restrictions provided in General Order 18-6, impaneled petit and grand jurors may check such devices into the Clerk s Office and access them during breaks in the judicial proceedings. So ORDERED and SIGNED, April , 2022. Marcia A. Crone U.S. District Judge Michael J. Trunqznt U.S. District Judge Thad Heartfield U.S. District Judge This order is available on the Court s Website - http://www.txed.uscourts.gov. 11
=== Lufkin Division Standing Order 2022-3 ===
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION DIVISIONAL STANDING ORDER NO. 2022-3 REGARDING COURTHOUSE SECURITY POLICIES In addition to General Order 18-6, the following security policies are hereby adopted for the Ward R. Burke United States Courthouse in Lufkin, Texas (the Courthouse): Prohibited Items Visitors and guests to the Courthouse are not permitted to bring any of the following items into the Courthouse without prior approval from a District or Magistrate Judge: (a) Liquids, aerosols, or gels. This includes bottles of water. (b) Laser Lights / Pointers. (c) Cigarette Lighters. (d) Vape pens. Court employees and other building tenants are exempt from this policy. Electronic Communication Devices With respect to electronic communication devices, in addition to the restrictions provided in General Order 18-6, i paneled jurors may check such devices into the Clerk s Office and access them during breaks in the judicial proceedings. So ORDERED and SIGNED, April , 2022. Marcia A. Crone U.S. District Judge U.S. District Judge U.S. District J oge This order is available on the Court s Website - http://www.txed.uscourts. ov. 11
=== Joint Pretrial Order ===
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS ________________________________ versus ________________________________ § § § § § § § CIVIL ACTION NO. 1:__-CV-___ JOINT PRETRIAL ORDER Appearance of Counsel List the parties, their respective counsel, and the physical addresses, email address, and telephone numbers, including cell phone numbers, of counsel in separate paragraphs. Statement of the Case Give a brief statement of the case to inform the court and/or jury of the salient facts, which the court may read to the jury panel to ascertain whether any panelists are familiar with the facts or parties involved in the case. Include names, dates, and places. The statement should not exceed one paragraph per party. Briefly set out why the court has full and complete jurisdiction of the subject matter and the parties. If there is an unresolved jurisdictional question, state the problem. Jurisdiction List any pending motions. Motions Contentions of the Parties State concisely in separate paragraphs what each party claims. List all facts that require no proof. Admissions of Fact Contested Issues of Fact List all facts in controversy necessary to the final disposition of the case. Agreed Applicable Propositions of Law State the legal principles governing this case that are not in dispute. Contested Issues of Law State briefly the disputed issues of law. MEMORANDA OF AUTHORITIES MUST BE FILED TO ADDRESS EACH OF THE ISSUES THAT AFFECT THE CASE. Exhibits Each counsel shall attach to the joint pretrial order two (2) copies of a list on a form substantially similar to that attached of all exhibits expected to be offered. Counsel shall make the exhibits available for examination by opposing counsel on or before the date the joint pretrial order is due. This rule does not apply to rebuttal exhibits or those the use of which cannot be anticipated. All counsel requiring authentication of an exhibit must notify the offering counsel in writing within three (3) business days after the exhibit is made available. Failure to object in writing concedes authenticity. The court will admit into evidence all exhibits listed in the final pretrial order unless opposing counsel files written objections with authorities by the date set forth in the scheduling order. The filing should include copies of the disputed exhibit and relevant authority. The offering party shall mark his or her own exhibits before trial to include the party’s name, case number, and exhibit number on each exhibit, unless joint exhibits are to be used and marked accordingly. If an exhibit has multiple pages, each page must be numbered consecutively. Witnesses Each counsel shall attach two (2) copies of a list in a form substantially similar to that attached setting forth the names and addresses of each witness (not counsel’s address) who will or may be called at trial in the order of his or her appearance, including a brief statement of the subject matter and substance of his or her testimony, as well as the estimated time for his or her examination. If a witness is to appear by deposition, cite the inclusive pages and lines to be read. Objections to those portions (citing pages and lines) with supporting authority shall be filed by the date set forth in the scheduling order. Counsel shall submit a written summary of the qualifications of each expert witness. The court expects the attorneys to prove their witnesses’ expertise through examination. Include in this section the following statement: In the event there are any other witnesses to be called at the trial, their names, addresses, and the subject matter of their testimony shall be reported to opposing counsel as soon as they are known. This restriction shall not apply to rebuttal or impeachment witnesses, the necessity of whose testimony cannot reasonably be anticipated before the time of trial. Settlement Include a statement as to the status of settlement negotiations, and, if applicable, that all settlement efforts have been exhausted. State the current settlement demand and offer and whether the case can reasonably be expected to settle. Include in this paragraph the following: (a) Whether trial will be jury or non-jury; Trial (b) Probable length of trial; (c) Availability of witnesses; (d) Any foreseeable logistical problems. Additional Required Attachments For jury trials, file the following electronically on CM/ECF AND DELIVER TWO COURTESY COPIES TO CHAMBERS: (a) Proposed questions for the voir dire examination; (b) Agreed charge, including proposed jury instructions, definitions, interrogatories, and authority; (c) Memoranda of law on disputed issues of law; (d) Motions in limine. For non-jury trials, file the following electronically on CM/ECF AND DELIVER TWO COURTESY COPIES TO CHAMBERS: (a) Proposed findings of fact and conclusions of law, separating those agreed from those in dispute. The conclusions of law must include citation of authority. (b) Memoranda of law on disputed issues of law. APPROVED: Counsel for Plaintiff(s) Date Counsel for Defendant(s) Date
=== Scheduling Order - Beaumont ===
UNITED STATES DISTRICT COURT * * * * * * * EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION ________________________ versus ________________________ § § § CIVIL ACTION NO. 1:__-CV-___ § § SCHEDULING ORDER The following schedule shall be followed.1 All communications concerning the case shall be directed in writing to Julia Colyer, Court Administrator for Judge Crone, 300 Willow Street, Suite 239, Beaumont, TX 77701-2200. For urgent matters, Ms. Colyer may be contacted at (409) 654-2880. 1. _________________________ NEW PARTIES shall be joined by this date. 2. _________________________ The pleadings shall be AMENDED by this date. 3. _________________________ PLAINTIFF_ shall designate EXPERT WITNESSES in writing and provide expert reports by this date. 4. _________________________ DEFENDANT_ shall designate EXPERT WITNESSES in writing and provide expert reports by this date. 5. _________________________ DISCOVERY shall be completed by this date. 6. _________________________ MOTION CUT-OFF. Aside from motions in limine, no motion, including motions to exclude or limit expert testimony, shall be filed after this date except for good cause shown. Without leave of court, a party may file only one summary judgment motion. If no motions are pending at the time of the Motion Cut-Off deadline, the parties shall submit a joint status report by this date. The status report should state whether this matter will be ready for trial by the Final Status Conference deadline, as well as any other pertinent issues regarding these proceedings. 7. _________________________ The JOINT PRETRIAL ORDER, including motions in limine, deposition designations, and [a proposed charge or proposed findings of fact and conclusions of law], shall be filed and proposed trial exhibits shall be exchanged on or before this date. 8. _________________________ OBJECTIONS TO proposed exhibits, witnesses, and deposition designations, as well as responses to motions in limine, shall be filed by this date. 9. _________________________ RESPONSES TO OBJECTIONS shall be filed by this date. A failure to file a response to an objection shall create a presumption in favor of the court’s sustaining the objection. 10. _________________________ FINAL STATUS CONFERENCE at 10:00 a.m. The case will be set for Final Pretrial Conference and Trial at the Final Status Conference. The parties should be prepared to try the case by this date. 1 General Proviso: This scheduling order does not relieve the parties from obtaining leave of court whenever required by statute, the Federal Rules of Civil Procedure, local rule, or case law. 11. _________________________ Estimated time to try before [a jury/the court]. 2
=== Final Status Conference Dates ===
Beaumont Final Status Conference Dates for Judge Marcia A. Crone (Select one of the dates listed below to complete Number 10 of the Scheduling Order) September 4, 2026 October 2, 2026 November 6, 2026 December 4, 2026 January 8, 2027 February 5, 2027 March 5, 2027 April 2, 2027 May 7, 2027 June 4, 2027 October 4, 2024 November 1, 2024 December 6, 2024 January 3, 2025 February 7, 2025 March 7, 2025 April 4, 2025 May 2, 2025 June 6, 2025 August 1, 2025 September 5, 2025 October 3, 2025 November 7, 2025 December 5, 2025 January 2, 2026 February 6, 2026 March 6, 2026 April 3, 2026 May 1, 2026 June 5, 2026 August 7, 2026