; ; ;

=== Court-Docket-Management-for-Senior-US-District-Judge-Nowlin.pdf ===

TTT ~ iv IN THE UNITED STATES DISTRICT COURT = FOR THE WESTERN DISTRICT OF TEXAS...) 95 pus 9: 15 AUSTIN DIVISION vw ee IN RE: COURT DOCKET § SNS ee ice : ke MANAGEMENT FOR § AUSTIN DIVISION § ORDER In accordance with the authority vested in the United States Magistrate Judge pursuant to Rule 1 of the Local Rules for the Assignment of Duties to United States Magistrates, Appendix C of the Local Court Rules of the United States District Court for the Western District of Texas, as amended, effective December 1, 2000, it is hereby ORDERED that, with regard to cases assigned to the Honorable James R. Nowlin, the following matters shall be referred to a United States Magistrate Judge for the Austin Division, allocated pursuant to the Clerk of the Court’s standard procedure, for the types of actions listed below: (1) All cases brought pursuant to 28 U.S.C. §§ 2241, 2254 (including cases in which a sentence of death was imposed), and 2255, as well as cases brought by federal prisoners and detainees challenging conditions of confinement, cases brought by prisoners pursuant to 42 U.S.C. § 1983, and cases seeking judicial review of social security decisions, shall be assigned to a United States Magistrate Judge for the Austin Division for disposition of all non-dispositive pretrial matters as provided in 28 U.S.C. § 636(b)(1)(A), and for findings and recommendations on all case- _ dispositive motions as provided in 28 U.S.C. § 636(b)(1)(B). (2) _ Inall prisoner cases brought pursuant to 42 U.S.C. § 1983 and all cases brought by federal prisoners or detainees challenging conditions of confinement in which a trial will be had, the Magistrate shall conduct all pretrial proceedings until such time as the pretrial order is filed by the parties and all pending motions, except those solely involving trial procedure, have been disposed or by order or recommendation. Upon filing of the pretrial order and disposition of the above-stated motions, the Magistrate Judge shall return the case to the district court for trial. (3) All cases in which application to proceed in forma pauperis has been made, other than those cases described in paragraphs (1) and (2) above, shall be referred to a United States Magistrate Judge for the Austin Division for disposition of the application to proceed in forma pauperis, disposition of any motion for appointment of counsel, and for a prompt recommendation as to whether such cases should be dismissed as frivolous pursuant to 28 U.S.C. § 1915(d). Upon completion of the above tasks, the Magistrate Judge shall return the case to the district court for further proceedings. This Order supersedes all prior Orders regarding the above-referenced matters for the Austin Division. 7 SIGNED this&S_ day of November, 2003. ED STATES DISTRICT JUDGE

=== Proposed-Scheduling-Order-for-Senior-US-District-Judge-Nowlin.pdf ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION § § § § § § § § § § § § § § § CAUSE NO. Plaintiff, v. Defendants. SCHEDULING ORDER Pursuant to Rule 16 of the Federal Rules of Civil Procedure, the Court issues the following Scheduling Order: IT IS ORDERED THAT: 1. A report on alternative dispute resolution in compliance with Local Rule CV-88 shall be filed on or before ____________________________. 2. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties on or before __________________________, and each opposing party shall respond, in writing, on or before ___________________________. All offers of settlement are to be private, not filed, and the Court is not to be advised of the same. The parties are further ORDERED to retain the written offers of settlement and responses as the Court will use these in assessing attorney’s fees and court costs at the conclusion of trial. 3. The parties shall file all motions to amend or supplement pleadings and all −1− motions to join additional parties on or before _______________________________. 4. All parties asserting claims for relief shall file and serve on all other parties their designation of potential witnesses, testifying experts, and proposed exhibits, and shall serve on all other parties, but not file, the materials required by Federal Rule of Civil Procedure 26(a)(2)(B) on or before _____________________________. Parties resisting claims for relief shall file and serve on all other parties their designations of potential witnesses, testifying experts, and proposed exhibits, and shall serve on all other parties, but not file, the materials required by Federal Rule of Civil Procedure 26(a)(2)(B) on or before _____________________________. All designations of rebuttal experts shall be filed and served on all other parties within fourteen (14) days of receipt of the report of the opposing expert, and the materials required by Federal Rule of Civil Procedure 26(a)(2)(B) for such rebuttal experts, to the extent not already served, shall be served, but not filed, on all other parties within fourteen (14) days of receipt of the report of the opposing expert. 5. An objection to the reliability of an expert’s proposed testimony under Federal Rule of Evidence 702 shall be made by motion, specifically stating the basis for the objection and identifying the objectionable testimony, within fourteen (14) days of receipt of the written report of the expert’s proposed testimony or within fourteen (14) days of the expert’s deposition, if a deposition is taken, whichever is later. The failure to strictly comply with this paragraph will be deemed a waiver of any objection that could have been made pursuant to Federal Rule of Evidence 702. 6. The parties shall complete discovery on or before __________________________. Counsel may, by agreement, continue discovery beyond the deadline, but there will be no intervention by the Court except in extraordinary circumstances, and no trial setting will be vacated because of information obtained in post-deadline discovery. −2− 7. All dispositive motions shall be filed and served on all other parties on or before __________________________________ and shall be limited to ten (10) pages in length. Responses shall be filed and served on all other parties within fourteen (14) days of the service of the motion and shall be limited to ten (10) pages in length. Any replies shall be filed and served on all other parties within seven (7) days of the service of the response and shall be limited to five (5) pages in length, but the Court need not wait for the reply before ruling on the motion. Unless otherwise directed by the Court, a party may file no more than one motion for summary judgment, without first obtaining leave of court for good cause. The Court, not the parties, shall complete the following paragraph 8. 8. This case is set for final pretrial conference on ________________________________, and trial on ________________________________. The final pretrial conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties and by any unrepresented parties. In addition to counsel, party representatives with authority to negotiate a settlement and all other persons necessary to negotiate a settlement shall attend the final status conference. The parties should consult Local Rule CV-16(e) regarding matters to be filed in advance of the final pretrial conference. SIGNED this ____________________________________. _______________________________ JAMES R. NOWLIN UNITED STATES DISTRICT JUDGE −3−

=== Standing-Order-Re-Motions-to-Proceed-on-Appeal-In-Forma-Pauperis-Senior-U.S.-District-Judge-Nowlin.pdf ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS 3 2 i2/ll So oN AUSTIN DIVISION . AY Ayers STANDING ORDER All motions for leave to proceed on appeal informa pauperis under Rule 24, Federal Rules of Appellate Procedure, pending on Judge James R. Nowlin’s criminal case docket will be REFERRED to the appropriate Magistrate Judge in the Austin Division for resolution. Git ( SIGNED AND ENTERED this day of June, Ay () JAMES R. aan ITED STATES DISTRICT JUDGE

=== Standing-Order-Regarding-Letter-Briefs-and-Proposed-Orders.pdf ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION IN RE: § § LETTER BRIEFS and § § PROPOSED ORDERS § TAND ORDE: IT IS HEREBY ORDERED that letter briefs shall not be accepted in cases on the undersigned’s docket. IT IS FURTHER ORDERED that all motions and responses in opposition to motions filed in cases on the undersigned’s docket, must be accompanied by a proposed order which shall be completely separate from all other papers. IT IS FURTHER ORDERED that persons filing motions and responses in opposition, who are at the time of such filing in the sustody of Civil, State, or Federal institutions, and fersons filing pro se are exempted from the requirement of a proposed order. i SIGNED AND ENTERED this 2G “day of APRIL, 1995. ii ED STATES DISTRICT JUDGE