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=== Court-Facts-Sheet-for-U.S.-District-Judge-Biery-2024.pdf.pdf ===

FACT SHEET FOR U.S. DISTRICT JUDGE FRED BIERY CIVIL CASES Contacting the Court 1. Who should be contacted regarding scheduling matters? Courtroom Deputy at (210) 472-6550, ext. 5005. 2. May the court’s law clerks be contacted directly? If so, under what circumstances? Yes. Law Clerks may be contacted on an ex parte basis for all procedural questions and by telephone conference with all parties for substantive issues. 3. May the court be contacted by e-mail or fax? If so, what is the address or number? No. 4. How does the court prefer attorneys to contact the court in an emergency? Contact Courtroom Deputy at (210) 472-6550, ext. 5005. 5. May parties contact the court during depositions? No. 761299.1 6. What procedures should be followed if a party expects to be filing a motion for a temporary restraining order or other expedited relief? In addition to following the Federal Rules of Civil Procedure and Local Rules, if possible, counsel should alert chambers of the impending filing and notify the intake clerk of the immediacy of the matter. 7. What procedures should be followed to request an expedited hearing in a civil case? Request the expedited hearing in the motion. 8. Is it permissible to contact the court regarding the status of motions in a civil case? If so, should the law clerk or the courtroom deputy be contacted? No. Contact the docketing clerk. 9. Should the parties notify the courtroom deputy, the law clerk, or another person if a contested motion in a civil case has been resolved? Notify the law clerk of civil settlement/resolutions. General Pretrial Procedures 10. What is the court’s procedure for issuance of scheduling orders in civil cases? After the appearance of any defendant, the Court will issue its Order for Scheduling Recommendations and Advisory Concerning Assignment of Magistrate Judge. 11. What is the court’s procedure for requests for modification of scheduling orders? A motion requesting the modifications should be filed prior to the expiration of the deadline(s) sought to be extended or modified. 12. Are there matters that the court routinely refers to a magistrate judge in civil cases? Each matter is taken up on a case by case basis. Procedures Specific to Civil Cases 13. Does the court require that the parties in civil cases file their initial disclosures? No. 761299.1 2 14. What are the court’s procedures for referring civil cases to alternative dispute resolution? Under what circumstances does the court order mediation, when during the case is it ordered, and how is the mediator chosen? If the parties request mediation, the Court will automatically refer. The Court will defer to the parties’ agreed choice. If the parties cannot agree, the Court will choose the mediator. Other cases are considered on a case by case basis prior to referral to mediation. 15. Does the court have any specific requirements for removed cases? Counsel should ensure all state court records are provided to the Court. 16. Does the court typically have pretrial conferences in civil cases? If so, when during the case? A pretrial conference is usually held in a jury trial case at an appropriate time. 17. Does the court typically have docket calls in civil cases? If so, when during the case? No. 18. Does the court have any requirements for pretrial submissions in civil cases in lieu of or in addition to those in the local rules? No. Facilities and Technology 19. Does the court reporter use Real Time? If so, who should be contacted to obtain rough transcripts? Yes. Court Reporter at (210) 472-6550, ext. 5036. 20. Does the courtroom have Internet access? If so, must arrangements to use the Internet access be made ahead of time? Yes. The Wi-Fi attorneys may use is titled ATTY_WIFI. You may request the password from the courtroom deputy. 761299.1 3 21. Please indicate which of the following are available in the courtroom: Blackboard: No, a whiteboard is available. Chart stand: Yes Document presenter: Yes Video equipment: Yes 22. Is any additional technology available? If so, please describe. a. Video Monitors throughout the courtroom b. ELMO Overhead/Document Cameras (for documents and small exhibits), connected to Projector 23. What arrangements must be made to use the available equipment? Contact the Courtroom Deputy at (210) 472-6550, ext. 5005. 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, parties may bring their own equipment. Court security must determine if any restrictions. Contact Courtroom Deputy regarding restrictions and arrangements. 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 Court’s Judicial Assistant. Motions Practice 26. When (if ever) does the court want a courtesy copy of a filing? Only if requested by the Court. 27. 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? Court has no preference. 761299.1 4 28. Does the court typically have hearings on contested motions in civil cases? If not, what circumstances would warrant a hearing? No. If the Judge believes it is necessary. 29. What time of day are hearings in civil cases generally held? Before noon. 30. Does the court allow telephone or Zoom conferences for the resolution of motions or other matters? If so, who arranges them and when are they typically scheduled? Only at the Court’s direction. 31. 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? Court has a standing 20 page limit. No motion for leave is needed except to exceed 20 pages. 32. 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. No leave is required but the Court may rule any time after the reply is filed. 33. Does the court accept letter briefs in civil cases? If so, are there circumstances in which the court prefers letter briefs? No. 34. 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. No. 35. How far before trial does the court rule on dispositive motions? The Court will not set a trial date until dispositive motions have been ruled upon. 761299.1 5 36. Does the court have any particular rules regarding filing, hearing, or granting motions that have not been addressed above? No. Courtroom Decorum 37. 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)? Yes. Beverages are allowed in closed containers. Proper courtroom attire is expected. 38. Does the court prefer that counsel address the court from counsel table or from the lectern? From the lectern. 39. Does the court prefer that counsel address witnesses from counsel table or from the lectern? From the lectern. Hearing and Trial Procedures 40. 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? A motion to continue should be filed at the earliest date possible and should show good cause for the continuance. The Court will rule as soon as practicable. 41. 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? Not applicable. See item 35. 42. When does the court typically begin and end trial days? 8:30 a.m. to about 3:30 or 4:00 p.m. 43. Does the court permit the use of jury questionnaires? If so, when should the proposed questionnaire be provided to the court? Only in rare and exceptional circumstances. Court will set the deadline if and when it allows its use. 761299.1 6 44. Does the court allow attorneys to conduct their own voir dire in civil cases? If so, typically for how long? Yes, occasionally. 45. How much time are parties typically given for opening statements in civil cases? Case by case basis. 46. Does the court require the parties to exchange demonstratives prior to using them in trial? If so, when should they be exchanged? Yes. Exchange should take place prior to the final pretrial conference so the Court may take up any objections at the conference. 47. Does the court permit the parties to use deposition testimony by agreement even if the witness is not unavailable? At the discretion of the Court. 48. Must a party intending to present testimony by deposition provide excerpts to the court? If so, when? Case by case basis. 49. 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, no format preference. 50. May the parties leave exhibits and equipment in the courtroom overnight? Yes. Given electronic exhibits, evidence binders for the Court are unnecessary although one should be provided for the jury. 51. 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 the trial, the exhibits will be returned to the parties. The parties will sign a receipt. 761299.1 7 Court Appointments 52. What are the court’s procedures and requirements for court appointments for indigents? Appointments of counsel will be made by the United States Magistrate Judge at the initial appearance if the magistrate judge determines that defendant is eligible. 53. What are the court’s procedures and requirements for appointment of guardians ad litem? Case by case basis. Miscellaneous 54. What are the court’s procedures for dismissal of cases for want of prosecution? Case by case basis. Usually a show cause will be entered prior to dismissal. 55. What are the court’s requirements and procedures for voluntary dismissal of cases? Follow Rule 41 of the Federal Rules of Civil Procedure. 56. When does the court find that sanctions are appropriate? Case by case basis. 57. Are there any other special practices or procedures for lawyers and parties appearing before the court in civil cases? No. 58. Any pet peeves? Do not be late for any court proceedings. 761299.1 8 CRIMINAL CASES Contacting the Court 1. Who should be contacted regarding scheduling matters? Courtroom Deputy at (210) 472-6550, ext. 5005. 2. May the court’s law clerks be contacted directly? If so, under what circumstances? Yes. Law Clerks may be contacted on an ex parte basis for all procedural questions and by telephone conference with all parties for substantive issues. 3. May the court be contacted by e-mail or fax? If so, what is the address or number? No. 4. How does the court prefer attorneys to contact the court in an emergency? Contact Courtroom Deputy at (210) 472-6550, ext. 5005. 5. What procedures should be followed if a party expects to be filing a motion for expedited relief? In addition to following the Local Rules, if possible, counsel should alert chambers of the impending filing and notify the intake clerk of the immediacy of the matter. 6. What procedures should be followed to request an expedited hearing in a criminal case? File your motion to expedite the particular hearing. 7. 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 docketing clerk. If not available, 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? Notify the Courtroom Deputy. 761299.1 9 9. How should attorneys advise the court when a criminal case requires an evidentiary sentencing hearing? Notify the Courtroom Deputy by written communication. General Pretrial Matters 10. What is the court’s procedure for issuance of scheduling orders in criminal cases? The Courtroom Deputy will issue a scheduling order once defense counsel has entered an appearance for defendant or immediately after the arraignment. 11. What is the court’s procedure for requests for modification of scheduling orders? A motion requesting the modifications should be filed prior to the expiration of the deadline(s) sought to be extended or modified. 12. Are there matters that the court routinely refers to a magistrate judge in criminal cases? All preliminary matters; waivers of arraignment, motions for bond, motions to travel, certain writs, motions to vacate. The in-take personnel of the U.S. Clerk’s Office will be able to provide further information. 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? Not necessarily, however it would be best for the Court. Counsel must confer with opposing counsel on motions for continuance or motions to expedite hearings. Same should be reflected in the body and title of the motion. 14. Does the court prefer use of the pretrial checklist or pretrial motion practice? Pretrial motion practice. 15. If the parties use the pretrial checklist, how should they make a record of what was agreed to? N/A 16. If the parties use the pretrial checklist, how should they get a hearing on contested matters? N/A 761299.1 10 17. Does the court have any specific requirements for motions to suppress? If so, please describe them. Upon defense filing a motion to suppress, the motion will set be for hearing at the time of docket call, unless otherwise ordered by the Court. 18. Does the court have any specific requirements for discovery motions? If so, please describe them. The Courtroom Deputy will issue a General Discovery Order and an Authentication of Exhibits Order after defendant’s date of arraignment or upon defense counsel entering a notice of appearance. 19. What does the court hope to accomplish at docket call settings in criminal cases? Status of case: is the defendant ready for trial or will the defendant be entering a plea of guilty. If guilty plea, the defendant will be rearraigned at that time. If parties are not ready for trial, oral or written motion must be made at that time, unless written motion has been previously filed. 20. When should exhibits and objections to them be exchanged and filed? After docket call, if not earlier, and before jury selection and trial. 21. Does the court prefer that objections to the Presentence Investigation Report be filed or merely communicated to the Probation Officer? Written objections should be sent to the Probation Officer. Facilities and Technology 22. Does the court reporter use Real Time? If so, who should be contacted to obtain rough transcripts? Yes. Court Reporter at (210) 472-6550, ext. 5036. 23. Does the courtroom have Internet access? If so, must arrangements to use the Internet access be made ahead of time? Yes. The Wi-Fi attorneys may use is titled ATTY_WIFI. You may request the password from the courtroom deputy. 761299.1 11 24. Please indicate which of the following are available in the courtroom: Blackboard: No, a whiteboard is available. Chart stand: Yes Document presenter: Yes Video equipment: Yes 25. Is any additional technology available? If so, please describe. a. b. Video Monitors through the Courtroom ELMO Overhead/Document Cameras (for documents and small exhibits), connected to Projector 26. What arrangements must be made to use the available equipment? Contact the Courtroom Deputy at (210) 472-6550, ext. 5005. 27. 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, parties may bring their own equipment. Court security must determine if any restrictions. Contact Courtroom Deputy regarding restrictions and arrangements. 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. When (if ever) does the court want a courtesy copy of a filing? Only if requested by the Court. 30. 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? Court has no preference. 761299.1 12 31. Does the court typically have hearings on contested motions in criminal cases? If not, what circumstances would warrant a hearing? No. The Judge will determine if a hearing is necessary. 32. What time of day are hearings in criminal cases generally held? Usually at 8:30 a.m. 33. 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? Only at the Court’s direction. 34. 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? Court has a standing 20 page limit. No motion for leave is needed except to exceed 20 pages. 35. 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. No leave is required but the Court may rule any time after the reply is filed. 36. Does the court accept letter briefs in criminal cases? If so, are there circumstances in which the court prefers letter briefs? No. 37. 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. No. 38. How far before trial does the court rule on dispositive motions? As early as possible. 761299.1 13 39. Does the court have any particular rules regarding filing, hearing, or granting motions that have not been addressed above? No. Courtroom Decorum 40. 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)? Yes. Beverages are allowed in closed containers. Proper courtroom attire is expected. 41. Does the court prefer that counsel address the court from counsel table or from the lectern? From the lectern. 42. Does the court prefer that counsel address witnesses from counsel table or from the lectern? From the lectern. Hearing and Trial Procedures 43. 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? The parties should file a motion for continuance as soon as it becomes apparent a continuance is required. It must state the reason for the continuance, whether or not it is unopposed and the length of time required. 44. 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. 45. When does the court typically begin and end trial days? 8:30 a.m. to about 3:30 or 4:00 p.m. 761299.1 14 46. Does the court permit the use of jury questionnaires? If so, when should the proposed questionnaire be provided to the court? Only in rare and exceptional circumstances. Court will set the deadline if and when it allows its use. 47. Does the court allow attorneys to conduct their own voir dire in criminal cases? If so, typically for how long? At the discretion of the Court. 48. How much time are parties typically given for opening statements in criminal cases? 15-20 minutes and also depends on the case. 49. Does the court permit the parties to use deposition testimony by agreement even if the witness is not unavailable? Yes. 50. Must a party intending to present testimony by deposition provide excerpts to the court? If so, when? Case by case basis. 51. 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. Must be in a WordPerfect format. 52. May the parties leave exhibits and equipment in the courtroom overnight? Yes. 53. 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 the trial, the exhibits will be returned to the parties. The parties will sign a receipt. 761299.1 15 Miscellaneous 54. When does the court find that sanctions are appropriate? Case by case basis. 55. Are there any other special practices or procedures for lawyers and parties appearing before the court in criminal cases? No. 56. Any pet peeves? Do not be late for any court proceedings. 761299.1 16

=== 3DPlanet.standingorder.internet.pdf ===

STANDING ORDER IN CIVIL CASES ASSIGNED TO JUDGE FRED BIERY The disposition of civil cases will be controlled by the following order: A. MOTION TO DISMISS FILED PURSUANT TO FEDERAL RULE 12(b)(6) To advance the case efficiently and minimize the cost of litigation, the Court will provide parties an opportunity to amend their pleadings once before considering a Federal Rule 12(b)(6) Motion to Dismiss. The following procedure must be followed before any party files a Motion to Dismiss under Federal Rule 12(b)(6): 1. Counsel shall confer with opposing counsel and provide written notice prior to filing a Federal Rule 12(b)(6) Motion to Dismiss: To facilitate the efficient progression of litigation, a party or counsel who anticipates filing a Motion to Dismiss under Federal Rule 12(b)(6) must first confer with opposing counsel concerning the proposed deficiencies and the expected basis of the Motion. This conference shall include written (email or certified mail) notification of the Plaintiff’s right to amend the pleading under these procedures, specifying the proposed deficiencies and the deadlines below. 2. 3. Following this notification conference, if the Plaintiff intends to amend the pleading, the Plaintiff shall file an Advisory of such intent with the Court within seven (7) days of receipt of the notification letter. The Amended Complaint must be filed within seven (7) days of the filing date of the Advisory. If the Complaint is not so amended by the established deadline, the Defendant may file a Federal Rule 12(b)(6) Motion to Dismiss. If the Defendant believes any Amended Complaint is still deficient, the Defendant shall file the Motion within the time prescribed by Federal Rule 12(a). a. b. When a party files a Motion to Dismiss under Federal Rule 12(b), a Certificate of Conference shall accompany the Motion expressly stating the movant complied with this Standing Order by informing the Plaintiff of the basis of any anticipated motion, the date of this notice, and noting the non-movant did not timely amend its pleading or the amended pleading is still deficient. The Court will strike any Federal Rule 12(b) Motion to Dismiss if it does not contain the required Certificate of Conference, which may preclude its re-filing given the time limits prescribed in Federal Rule 12(a). Under this practice, the Plaintiff has already been provided notice of the proposed deficiencies and the opportunity to amend the pleading prior to the filing of a Motion to Dismiss. Consequently, if the Court finds any Motion to Dismiss has merit, the Plaintiff shall not be allowed an additional opportunity to amend its Complaint following a properly filed Motion to Dismiss. See Great Plains Trust Co. v. Morgan Stanley Dean Witter & Co., 313 F.3d 305, 329 (5th Cir. 2002); Herrmann Holdings Ltd. v. Lucent Techs. Inc., 302 F.3d 552, 567 (5th Cir. 2002). If the Court denies the Motion to Dismiss and the case goes forward, the Plaintiff may seek leave of Court to amend the live Complaint later if circumstances warrant or require amendment. Federal Rule 12(a) prescribes time limits for the filing of an Answer and for the filing of motions under Federal Rule 12. The requirements of this Standing Order should not preclude or interfere with these time limits. B. GENERAL 1. Citations to the Record a. The facts set forth in any motion shall be stated in separately numbered paragraphs with citation to a particular pleading or other part of the record supporting the party’s statement. All positions and statements contained in the body of any motion or any responses must contain specific cites to the record supporting the party’s statement. The Court will not search the record for evidence and may not consider any evidence that is not specifically cited in the parties’ briefs. b. All case citations shall use the appropriate Westlaw citation, not Lexis citation. 2. Motions Practice a. b. c. A party should not file a Motion and separate “Memorandum of Law.” The Motion, itself, should include the party’s argument and citation authority supporting the relief it seeks. The Court will strike non-dispositive motions that do not include a Certificate of Conference. W.D. Tex. Civ. R. 7(g). The Court disfavors motions to maintain filings under seal, and the Court expects parties to draft such submissions in a manner that does not disclose confidential information. W.D. Tex. Civ. R. 5.2(b). Proper redaction is preferable to sealing a case or a particular filing. Even when filing a document under seal may be warranted, it is better for the sealed document to be an exhibit rather than the entire filing. If a party wishes to file a pleading, motion, or exhibit under seal, the party must first obtain leave of court by motion with citation to authority supporting the filing under seal. The item will be admitted under seal if the Court deems such filing to be necessary. C. FEDERAL TORT CLAIMS ACT AND BENCH TRIAL CASES Motions for summary judgment are highly disfavored in any case in which the Court will serve as the factfinder and in any case asserting a cause of action under the Federal Tort Claims Act in which parties do not have a right to a jury trial under 28 U. S. C. § 2402 and Carlson v. Green, 446 U.S. 14, 22 (1980). Consequently, the basis for any motion for summary judgment in these cases should be restricted to purely legal issues (e.g., whether a legal duty exists, the affirmative defense of statute of limitations, or failure to exhaust administrative remedies). D. NOTICE TO PARTIES ASSERTING FEDERAL JURISDICTION IN DIVERSITY CASES Under 28 U.S.C. § 1332 there must be complete diversity between plaintiffs and defendants. Complete diversity requires that all persons on one side of the controversy be citizens of different states from all persons on the other side. The party asserting federal jurisdiction in a diversity action has the burden to demonstrate complete diversity. Howery v. Allstate Ins. Co., 243 F.3d 912, 916 (5th Cir. 2001). Parties must make “clear, distinct, and precise affirmative jurisdictional allegations.” MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 313 (5th Cir. 2019). 1. Individuals: For individuals, pleading residence is insufficient; the notice of removal must plead their citizenship. MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 313 (5th Cir. 2019). 2. LLCs, Partnerships, and Unincorporated Associations: a. The citizenship of a limited-liability business organization is determined by the citizenship of its members. Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008). Similarly, the citizenship of a partnership is determined by the citizenship of all its partners. Carden v. Arkoma Assocs., 494 U.S. 185, 195-96 (1990); Corfield v. Dallas Glen Hills, L.P., 355 F.3d 853, 856 n.3 (5th Cir. 2003). “A party seeking to establish diversity jurisdiction must specifically allege the citizenship of every member of every LLC or partnership involved in a litigation.” Settlement Funding, L.L.C. v. Rapid Settlements, Ltd., 851 F.3d 530, 536 (5th Cir. 2017). When members or partners are themselves entities or associations, citizenship must be traced through however many layers of members/partners there are until arriving at the entity that is not a limited liability entity or partnership and identifying its citizenship status. See Mullins v. TestAmerica, Inc., 564 F.3d 386, 397-98 (5th Cir. 2009). b. If the members of an LLC or partners of a partnership are unknown to the removing party even after a diligent investigation, the removing party may allege its citizenship on information and belief. Lincoln Ben. Life Co. v. AEI Life, LLC, 800 F.3d 99 (3d Cir. 2015). Before doing so, the removing party should consult the sources at its disposal, including court filings and other public records to ensure good faith pleading. Id. at 108. 3. Corporations: a. A corporation is a citizen of its state(s) of incorporation and of the state in which its principal place of business is located, as determined by the “nerve center” test. 28 U.S.C. § 1332(c)(1); Lincoln Property Co. v. Roche, 546 U.S. 81 (2005); Hertz Corp. v. Friend, 559 U.S. 77 (2010). The removing party must allege both a corporation’s state of incorporation and its principal place of business. MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 314 (5th Cir. 2019). E. REMOVED CASES 1. File the Complete State Court Record Pursuant to 28 U.S.C. § 1447(b) the removing party(ies) shall supplement the record with all state court pleadings and filings. The supplement shall include the docket sheet from the state court. 2. Properly Plead Citizenship of All Parties If the case has been removed on the basis of diversity jurisdiction under 28 U.S.C. § 1332, the removing party has the burden to demonstrate there is complete diversity by properly pleading the citizenship of all parties as discussed previously. Failure to supplement the record with proper citizenship allegations may result in remand of this action by the Court without further notice. 3. Re-File Pending Motions Any motion filed in the state court before removal that still requires resolution in this Court must be re-filed as a new motion in this Court. F. TRIAL PRACTICE 1. Objections to Exhibits The Court requires pretrial objections to the authenticity and admissibility of exhibits. The Court will address all evidentiary objections at the Final Pretrial Conference. The Court strongly favors the admission of all exhibits at the Pretrial Conference. A party’s failure to address any evidentiary objection at the Pretrial Conference could be cause for waiver of this objection during trial. 2. Voir Dire The Court will conduct a preliminary examination of the jury panel. Following the Court’s examination, each side may be allowed the opportunity to examine the panel briefly, provided proposed voir dire questions were properly submitted in accordance with the Court’s Final Pretrial Order. It is so ORDERED. ________________________________________________ FRED BIERY UNITED STATES DISTRICT JUDGE