;
Hon. Miguel A. Torres · U.S. District Court for the Western District of Texas
Hon. Miguel A. Torres · U.S. District Court for the Western District of Texas
=== Standing-Order-On-Local-Court-Rule-CV-16ef-Pretrial-Filings-010920.pdf ===
PILED IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TE EL PASO DIVISION “AH IN -9 PH Ue 50 § : Cya- UF TEXAS § HONORABLE MIGUEL A. TORRES § ALL CIVIL CASES § § § STANDING ORDER ON LOCAL COURT RULE CV-16(e)-(f) PRETRIAL FILINGS The following Standing Order shall control the filing of pretrial filings prescribed by Local Court Rule CV-16(e)-(f) in all civil cases before this Court to be tried before a jury.' Unless otherwise ordered by the Court, the parties shall file the information required by Local Court Rule CV-16(e)-(f) no later than fourteen (14) days prior to the date of jury selection. I. INFORMATION TO BE FILED JOINTLY The following information shall be completed jointly by the parties in one document, signed by the participating parties or authorized representatives, and filed into the record by the plaintiff: Local Court Rule CV-16(e)(2)-(6), (e)(10) & (f)(1)-(2) (reproduced below). The document shall indicate if, and where, there is a disagreement between or among the parties and shall set forth the parties’ positions on the matter. Regarding the identification of, and objections to, exhibits, the information required by Local Court Rule CV-16(f)(2) shall be incorporated with the presentation of information required by Local Court Rule CV-16(e)(4). Local Court Rule CV-16(e): (2) In cases to be tried to a jury, a statement of the party’s claims or defenses to be used by the court in conducting voir dire. The statement shall be no longer than 4 page with type double-spaced. (3) A list of stipulated facts. ' This Standing Order does not apply to civil cases for which the undersigned is a referral judge. That is, this Standing Order does not apply to a case that is referred to the undersigned for pretrial matters but not to preside over the jury trial. In such cases, the parties shall adhere to the presiding judge’s Local Court Rule CV-16(e)-(f) procedures and deadlines. (4) An appropriate identification of each exhibit as specified in this rule (except those to be used for impeachment only), separately identifying those that the party expects to offer and those that the party may offer if the need arises. (5) The name and, if not previously provided, the address and telephone number of each witness (except those to be used for impeachment only), separately identifying those whom the party expects to present and those whom the party may call if the need arises. (6) The name of those witnesses whose testimony is expected to be presented by means of a deposition and designation by reference to page and line of the testimony to be offered (except those to be used for impeachment only) and, if not taken stenographically, a transcript of the pertinent portions of the deposition testimony. (10) An estimate of the probable length of trial. ° Local Court Rule CV-16(f): (1) A list disclosing any objections to the use under Rule 32(a) of deposition testimony designated by the other party. (2) A list disclosing any objection, together with the grounds therefore, that may be made to the admissibility of any exhibits. Objections not so disclosed, other than objections under Federal Rules of Evidence 402 and 403 shall be deemed waived unless excused by the court for good cause shown. IL. INFORMATION TO BE FILED SEPARATELY The following information shall be filed by each party separately: Local Court Rule CV- 16(e)(1) and (e)(7)-(9). Local Court Rule CV-16(e): (1) A list of questions the party desires the court to ask prospective jurors. (7) Proposed jury instructions and verdict forms. (8) In nonjury trials, Proposed Findings of Fact and Conclusions of Law. (9) Any motions in limine. SO ORDERED. oe SIGNED and ENTERED this day of January, 2020. a . M. mt le, MIGUEL A. TORRES UNITED STATES MAGISTRATE JUDGE
=== Standing-Order-On-Pretrial-Deadlines-010920.pdf ===
fad geo ope y oo gh, fe IN THE UNITED STATES DISTRICT COURT mth. FOR THE WESTERN DISTRICT OF TEXAS . EL PASO DIVISION 9020 JAN-9 PM 4:57 Chis: HEST<. § BY — SEOnTV HONORABLE MIGUEL A. TORRES § ALL CIVIL CASES STANDING ORDER ON PRETRIAL DEADLINES The following Standing Order shall control the course of any civil action commenced in, transferred to,' or referred to, this Court, except those types of cases specifically exempted from initial disclosure under Federal Rule of Civil Procedure 26, specifically to include pro se prisoner civil rights cases, as well as the types of cases specifically exempted in Local Court Rule CV- 16(b). Within forty-five (45) days after the appearance of any defendant, which includes the filing of a notice of removal, the parties shall confer in accordance with Rule 26(f) of the Federal Rules of Civil Procedure, and thereafter file a proposed scheduling order in the form required by Local Court Rule CV-16 of the Local Rules for the United States District Court for the Western District of Texas. Additionally, within forty-five (45) days after the appearance of any defendant, which includes the filing of a notice of removal, the parties shall jointly develop and file a Case Management Report. The report shall contain the following information in separately numbered paragraphs: 1. The parties who assisted in developing the Case Management Report and all attorneys of record for each respective party; 2. A list of the parties in the case, including any parent corporations or entities (for recusal purposes); ' Ifa scheduling order has been entered in the case prior to the case being transferred to this Court, the parties need not submit a proposed scheduling order. The Court will attempt to maintain the existing scheduling order. In such cases, however, the parties shall comply with the remainder of this Standing Order within the timeframe set beginning from the date the case was transferred to this Court. , 3. A short statement of the nature of the case (one page or less), including a description of all claims and all defenses; 4, The jurisdictional basis for the case, describing the basis for jurisdiction and citing specific jurisdictional statutes;? 5. A list of the parties that have not been served and an explanation of why they have not been served; and any parties which have been served but have not answered or otherwise appeared; 6. A statement of whether any party expects to add additional parties to the case or otherwise to amend pleadings; 7. A listing of any contemplated motions and a statement of the issues to be decided by these motions; 8. A statement of when parties exchanged Federal Rules of Civil Procedure 26(a) initial disclosures; 9. Pursuant to Rule 26(f), a statement outlining necessary discovery, including: a. A list of critical witnesses for each side; b. A timeline in which the depositions of these witnesses will take place; c. Any issues about disclosure, discovery, or preservation of electronically stored information, including the form or forms in which it should be produced; and d. Any issues about claims of privilege or of protection as trial-preparation material. 10. The status of related cases pending before other courts; 11. A statement of whether either party has requested a jury trial, the estimated length of trial, and any suggestions for expediting the trial date; 12. The prospects for settlement, including any request of the Court for assistance in settlement efforts; and a proposed specific date by which the parties shall have engaged in face-to-face, good faith settlement talks; and 2 If jurisdiction is based on diversity of citizenship, the report shall include a statement of the citizenship of every party and a description of the amount in dispute. See 28 U.S.C. § 1332. 2 13. Any other matters that will aid the Court and parties in resolving this case in a just, speedy, and inexpensive manner as required by Federal Rule of Civil Procedure 1. SO ORDERED. SIGNED and ENTERED this (he day of January, 2020. — MIGUEL A. TORRES UNITED STATES MAGISTRATE JUDGE
Ask CiteLaw's AI Navigator anything about this judge practice, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.