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=== Court-Facts-for-US-District-Judge-Rodriguez-Dec.-2025.pdf ===

FACT SHEET FOR JUDGE XAVIER RODRIGUEZ CIVIL CASES Contacting the Court 1. Who should be contacted regarding scheduling matters? Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, [email protected] 2. May the court’s law clerks be contacted directly? If so, under what circumstances? An attorney may address a procedural question that cannot be answered by the federal rules of procedure, local rules, or the judge’s scheduling order to the Law Clerk. Please do not call the judge’s staff to inquire about substantive issues. All Clerks may be reached by the Chambers number (210) 472-6575. Cases ending in 2, 4, or 6 are handled by Caroline Bell. Cases ending in 1, 3, or 5 and cases ending in 0 in which the digit preceding the 0 is an odd number are handled by Will Kovach. Cases ending in 7, 8, or 9 and cases ending in 0 in which the digit preceding the 0 is an even number or 0 are handled by Thomas McAuley. 3. May the court be contacted by e-mail or fax? If so, what is the address or number? Yes. Email Sylvia Fernandez, Courtroom Deputy, [email protected]. The Court cannot accept faxes. 4. How does the court prefer attorneys to contact the court in an emergency? Please call Chambers at (210) 472-6575 or Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, [email protected] 5. May parties contact the court during depositions? Yes, but only in circumstances that necessitate the Court’s immediate attention. 6. What procedures should be followed if a party expects to be filing a motion for a temporary restraining order or other expedited relief? After the TRO has been filed with the Clerk’s office and the matter has been assigned to this Court’s chambers, immediately notify the Courtroom Deputy. Use every reasonable effort to provide notice to the adverse party that the TRO has been filed and provide a copy of the TRO to the opposing party by electronic (e-mail) delivery. Parties should comply with Fed. R. Civ. P. 65 and Local Rules. 7. What procedures should be followed to request an expedited hearing in a civil case? Contact the Law Clerk assigned to the case. 8. Is it permissible to contact the court regarding the status a civil case? If an attorney wishes to contact the Court regarding a non-substantive matter or to inform the Court that the case has settled or a pending motion has been resolved, the attorney should contact the Law Clerk assigned to the case. All Clerks may be reached by the Chambers number (210) 472-6575. Cases ending in 2, 4, or 6 are handled by Caroline Bell. Cases ending in 1, 3, or 5 and cases ending in 0 in which the digit preceding the 0 is an odd number are handled by Will Kovach. Cases ending in 7, 8, or 9 and cases ending in 0 in which the digit preceding the 0 is an even number or 0 are handled by Thomas McAuley. 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? The Law Clerk should be notified at (210) 472-6575 immediately upon resolution of the pending motion. General Pretrial Procedures 10. What is the court’s procedure for issuance of scheduling orders in civil cases? The Court will send the parties an order requiring them to confer and submit a proposed scheduling order to the Court. Failure to submit a proposed scheduling order will result in the Court issuing its own order. 11. What is the court’s procedure for requests for modification of scheduling orders? The court will approve, in most instances, an agreed modification. If it is not agreed to, the opposing party should file a response to any motion to modify. 2 12. Are there matters that the court routinely refers to a magistrate judge in civil cases? At the time your lawsuit was filed, it was assigned to this district judge and a magistrate judge. The parties must advise the district clerk of their respective positions concerning referring the case to a magistrate judge for jury or nonjury trial by consent, pursuant to 28 U.S.C. 636(c). Discovery matters are routinely referred to a Magistrate Judge. Otherwise, pursuant to Local Rule, Appendix C, various pretrial matters regarding civil cases filed by prisoners and reviews of administrative agency proceedings (social security appeals) are assigned to a Magistrate Judge. Procedures Specific to Civil Cases 13. Does the court require that the parties in civil cases file their initial disclosures? No. Except in categories of proceedings exempted from initial disclosure under Fed. R. Civ. P. 26(a)(1)(E), the parties must, as soon as practicable and in any event at least 21 days before a proposed scheduling order is due, confer to consider all matters required by Rule 26(f). Unless counsel office in differing cities, the parties should conduct a face- to-face meeting. The parties’ Rule 26(f) written report outlining their proposed discovery plan should be filed at the same time the parties submit their proposed scheduling order. 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? At any time the parties believe it may be beneficial to participate in a non-binding mediation, they may agree to do so. Parties are encouraged to agree upon a mediator. If the parties cannot agree to a mediator, the Court will appoint a mediator. If the parties do not jointly agree to mediation, the Court will generally not order mediation, unless the Court is persuaded that there is a reasonable chance the case can be resolved. 15. Does the court have any specific requirements for removed cases? The party removing the action from state court should ensure that all documents previously filed in state court are attached to the removal documents. A copy of the state court docket sheet should be included. Parties must re-urge any motion that was filed in state court. 16. Does the court typically have pretrial conferences in civil cases? If so, when during the case? After a scheduling order is issued, the judge will conduct a preliminary pretrial conference or intermediate status conferences. A final pretrial conference will usually be conducted approximately ten (10) days prior to the date that trial is expected to begin. Motions in limine and objections to exhibits will be heard and ruled upon at that time. 3 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? A Final Joint Pretrial Order is required. A listing of items required to be included are specified in the Scheduling Order. Facilities and Technology 19. Does the court reporter use Real Time? If so, who should be contacted to obtain rough transcripts? Yes. Parties can contact the court reporter, Amber Nino at (210) 472-6550, Ext. 5037. 20. Does the courtroom have Internet access? If so, must arrangements to use the Internet access be made ahead of time? Yes, there is internet access, but arrangements must be made ahead of time. 21. Please indicate which of the following are available in the courtroom: White Erase Board: Yes Chart stand: No Document presenter: Yes Video equipment: See Courtroom Technology Guidance. 22. Is any additional technology available? If so, please describe. See Courtroom Technology Guidance. 23. What arrangements must be made to use the available equipment? Courtroom Deputy Sylvia Ann Fernandez should be notified prior to the hearing or trial as to what equipment is needed. 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? Parties should contact Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, [email protected]. 4 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 should be made with Sylvia Ann Fernandez, Courtroom Deputy, (210) 472- 6550, Ext. 5011, [email protected]. Motions Practice 26. When (if ever) does the court want a courtesy copy of a filing? Only for emergency motions. 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? No, but parties are encouraged to hyperlink citations in their briefs for Westlaw access. 28. Does the court typically have hearings on contested motions in civil cases? If not, what circumstances would warrant a hearing? Should you desire oral argument on a motion, you should make such a request in the opening paragraph of your motion. The Court will notify you if a hearing will be held. 29. What time of day are hearings in civil cases generally held? Civil hearings are usually held at 10:30 a.m. or 1:30 p.m. 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? Yes, if a telephone or Zoom conference is necessary, it can be arranged by the parties in coordination with a Law Clerk or the Courtroom Deputy. 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? Any brief or memorandum less than 30 pages may be submitted. 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. Call the Law Clerks who will confer with the Judge. 5 33. Does the court accept letter briefs in civil cases? If so, are there circumstances in which the court prefers letter briefs? Letter briefs should not be submitted. 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. Extensions to answer a complaint require an agreed motion and proposed order. See Fed. R. Civ. P. 6. Otherwise, discovery extensions may be stipulated to between the parties without any need for court approval. 35. How far before trial does the court rule on dispositive motions? As far in advance as possible, but if the court cannot address the motion, it will usually continue the trial setting. 36. Does the court have any particular rules regarding filing, hearing, or granting motions that have not been addressed above? • Do not combine a motion to dismiss and an answer in one document. • Do not submit a response and a motion together in one document. • Motions for leave to file an amended pleading should include a redline comparison of the proposed amended pleading against the previous version. • Motions to Dismiss and Motions for Summary Judgment should contain a background statement of uncontested facts. • Any request that a trial date be modified must be made in writing to the judge before the deadline for completion of discovery. • A motion in limine must be confined to matters actually in dispute. • If a motion or response contains numerous exhibits, consider delivering a “hard copy” to Chambers. Briefs or motions on CD with hyperlinks to cases or exhibits are also accepted. To the extent possible, scanned documents should be made searchable through optical character recognition (OCR) before electronic filing. 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)? Attorneys are required to wear standard business attire. For men, this includes a coat and tie. Otherwise, see Local Rule AT-5. 6 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? Any request that a trial date be modified must be made in writing. The opposing side must be conferred with regarding the continuance of a trial. If there is an agreement, the Court normally approves a continuance. If there is no agreement, a response indicating the grounds for opposition should be filed. 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? Yes. 42. When does the court typically begin and end trial days? Trial will normally convene at 9:00 a.m. and adjourn around 5:00 p.m., recessing for lunch between 12:00 p.m. and 1:15 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 with permission. The proposed questionnaire should be provided to the Court as soon as possible, but no later than 60 days before trial. 44. Does the court allow attorneys to conduct their own voir dire in civil cases? If so, typically for how long? The Judge will conduct the principal voir dire. Attorneys may submit written questions in advance. On completion of the general voir dire, the Judge typically allows attorneys to ask follow-up questions (a time limit of 20 minutes per side is usually imposed). 45. How much time are parties typically given for opening statements in civil cases? Counsel are normally afforded 20-30 minutes per side to make an opening statement. 7 46. Does the court require the parties to exchange demonstratives prior to using them in trial? If so, when should they be exchanged? To avoid bench conferences in a jury trial, the Court recommends that parties exchange any item that a party intends to use in the presence of the jury as a demonstrative aid, regardless whether the party intends to move its admission in evidence. Please Note: Exhibits are to be placed in three-ring binders. The binders should be labeled with the style of the case, case number, and whether the binder is “Plaintiff’s Exhibit Notebook” or “Defendant’s Exhibit Notebook.” The first page in the binder should have the style of the case, case number, and “Plaintiff’s/Defendant’s Exhibit Notebook.” The next page should be the exhibit index. Each exhibit should be tabbed for ease of locating that exhibit. Special exhibit labels are not necessary; you may use the standard “Plaintiff/Defendant Exhibit” labels. Provide one set of exhibits for the judge and one set for use by witnesses on the witness stand. The court has the ability to receive all trial exhibits in electronic format. The jury is then able to review the admitted exhibits during deliberations using the Jury Evidence Recording System (JERS). Instructions on how to submit exhibits in the appropriate electronic format may be found here. 47. Does the court permit the parties to use deposition testimony by agreement even if the witness is not unavailable? The Court will accept the parties’ agreement to use a deposition at trial even though the witness is available. Otherwise, parties must follow Fed. R. Civ. P. 32. Before trial, counsel must provide the Courtroom Deputy with a copy of all depositions to be used as exhibits at trial. Counsel will designate the portion of any deposition to be read by citing pages and lines. Objections to those portions (citing pages and lines) with supporting authority must be filed at least three (3) business days before trial. Use of videotape depositions is permitted to the extent the parties agree on admissibility or edit to resolve objections. 48. Must a party intending to present testimony by deposition provide excerpts to the court? If so, when? Yes, see above for guidelines. 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. Documents may be submitted in Word. 50. May the parties leave exhibits and equipment in the courtroom overnight? Yes. 8 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 trial, the Courtroom Deputy will approach counsel and return all exhibits. Counsel will be required to sign an Inventory of Exhibits. Counsel are responsible for maintaining exhibits in an unaltered and safe manner for appeal. Court Appointments 52. What are the court’s procedures and requirements for court appointments for indigents? Cases are referred to the Magistrate Judge to determine the eligibility and assignment of court appointed counsel. 53. What are the court’s procedures and requirements for appointment of guardians ad litem? If an ad litem is required, the Court will appoint, but the parties may make recommendations. Miscellaneous 54. What are the court’s procedures for dismissal of cases for want of prosecution? Failure to serve a defendant within 90 days will trigger a notice to show cause why the case or defendant should not be dismissed. Otherwise, a defendant should refrain from filing a motion to dismiss for want of prosecution unless a sufficient time has elapsed without activity (normally 6 months). 55. What are the court’s requirements and procedures for voluntary dismissal of cases? The court will sign voluntary dismissals so long as such dismissals resolve all issues. 56. When does the court find that sanctions are appropriate? Counsel for all parties and all pro se parties should cooperate fully in the discovery process and make all reasonable discovery available to the requesting party. Excessive discovery or resistance to reasonable discovery will not be tolerated. Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4. Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs. 57. Are there any other special practices or procedures for lawyers and parties appearing before the court in civil cases? No. 9 58. Any pet peeves? Tardiness Attorneys talking too fast and upsetting the Court Reporter. Not immediately notifying the Court that a motion is unopposed (or that portions of a motion are uncontested). Failure to acknowledge/distinguish cases adverse to your position. Unprofessional conduct/use of adjectives to debase or impugn opposing counsel or the adverse party. Not immediately notifying the Court that the case has been settled. 10 CRIMINAL CASES Contacting the Court 1. Who should be contacted regarding scheduling matters? Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, [email protected]. 2. May the court’s law clerks be contacted directly? If so, under what circumstances? An attorney may address a procedural question that cannot be answered by the federal rules of procedure, local rules, or the judge’s scheduling order to the Courtroom Deputy. Please do not call the judge’s staff to inquire about substantive issues. 3. May the court be contacted by e-mail or fax? If so, what is the address or number? Yes. Email Sylvia Fernandez, Courtroom Deputy, [email protected]. The Court cannot accept faxes. 4. How does the court prefer attorneys to contact the court in an emergency? Please call Chambers at (210) 472-6575 or Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, [email protected]. 5. What procedures should be followed if a party expects to be filing a motion for an expedited relief? After the motion has been filed with the Clerk’s office, immediately notify the Courtroom Deputy, Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, [email protected]. Use every reasonable effort to provide notice to the adverse party that the motion has been filed and provide a copy of the motion to the opposing party by electronic (e-mail) delivery. 6. What procedures should be followed to request an expedited hearing in a criminal case? Contact Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, [email protected]. 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 Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, [email protected]. 11 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 Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, [email protected]. 9. How should attorneys advise the court when a criminal case requires an evidentiary sentencing hearing? Contact Sylvia Ann Fernandez, Courtroom Deputy, (210) 472-6550, Ext. 5011, [email protected]. General Pretrial Matters 10. What is the court’s procedure for issuance of scheduling orders in criminal cases? A general scheduling order and trial date is entered by the Court immediately after the case has been assigned to Chambers. 11. What is the court’s procedure for requests for modification of scheduling orders? The court will approve, in most instances, an agreed modification. If it is not agreed to, the opposing party should file a response to any motion to modify. 12. Are there matters that the court routinely refers to a magistrate judge in criminal cases? Pleas of guilty and motions for appointment, withdrawal or substitution of counsel may be referred. 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? No, except on discovery matters. The Court enters a General Order regarding Discovery very early in the case. That Order requires various discovery disclosures to be made without the necessity of any written motion. No “routine” discovery motions should be filed, unless the General Order of Discovery has not been complied with. 14. Does the court prefer use of the pretrial checklist or pretrial motion practice? All parties should comply with the General Order of Discovery. In addition, parties are encouraged to also use the discovery checklist provided by Local Rule CR-16. 12 15. If the parties use the pretrial checklist, how should they make a record of what was agreed to? The checklist is self-explanatory and should be signed by both counsel and filed. If there are questions, the parties can approach the Court. 16. If the parties use the pretrial checklist, how should they get a hearing on contested matters? File a motion, attach the checklist and ask for a hearing. 17. Does the court have any specific requirements for motions to suppress? If so, please describe them. To require an evidentiary hearing, the motion and opposition must be sufficiently definite, specific, detailed, and nonconjectural to enable the court to conclude that there are contested issues of material fact going to the validity of the government’s conduct that must be resolved before the motion can be decided. Unless the moving and responding papers establish disputed issues of material fact, a hearing may not be necessary. The mere desire to cross-examine an opposing witness is never enough to justify the need for an evidentiary hearing. Factual detail and case citations are required. 18. Does the court have any specific requirements for discovery motions? If so, please describe them. Parties should comply with the General Order regarding Discovery. In addition, parties are encouraged to also use the discovery checklist provided by Local Rule CR-16. 19. What does the court hope to accomplish at docket call settings in criminal cases? The status of the case, if a plea will be entered or a trial will be necessary. 20. When should exhibits and objections to them be exchanged and filed? All exhibits, except those offered solely for impeachment, that a party intends to offer at trial must be marked before trial with an exhibit number, and be exchanged with opposing parties at least 3 days before the date of the trial setting. Unless the court advises the parties otherwise, however, they must not deliver trial exhibits, or the court’s copies of such exhibits, to the court before the date the trial actually commences. To avoid bench conferences during a jury trial, the Court recommends that parties exchange any item that a party intends to use in the presence of the jury as a demonstrative aid, regardless of whether the party intends to move its admission in evidence. The court has the ability to receive all trial exhibits in electronic format. The jury is then able to review the admitted exhibits during deliberations using the Jury Evidence Recording System (JERS). Instructions on how to submit exhibits in the appropriate electronic format may be found here. 13 21. Does the court prefer that objections to the Presentence Investigation Report be filed or merely communicated to the Probation Officer? Objections to the Presentence Investigation Report or Guideline Worksheet shall be submitted to the Probation Officer. If the Probation Officer does not modify the PSIR or Guideline Worksheet and the objection remains unresolved, Counsel shall file a Sentencing Memorandum outlining the unresolved objection, any authorities relied upon and sentencing recommendations for the Court’s consideration. As part of the Sentencing Memorandum, counsel may submit exhibits/letters. The Sentencing Memorandum should be filed with the Clerk’s Office as least 3 days prior to any sentencing hearing. Counsel shall provide a copy of the Sentencing Memorandum to the U. S. Probation Officer and opposing counsel. Facilities and Technology 22. Does the court reporter use Real Time? If so, who should be contacted to obtain rough transcripts? Yes. Parties can contact the court reporter, Amber Nino at (210) 472-6550, Ext. 5037. 23. Does the courtroom have Internet access? If so, must arrangements to use the Internet access be made ahead of time? Yes, there is internet access, but arrangements must be made ahead of time. 24. Please indicate which of the following are available in the courtroom: White Erase Board Yes Chart stand: No Document presenter: Yes Video equipment: See Courtroom Technology Guidance. 25. Is any additional technology available? If so, please describe. See Courtroom Technology Guidance. 26. What arrangements must be made to use the available equipment? Courtroom Deputy Sylvia Ann Fernandez should be notified prior to the hearing or trial as to what equipment is needed. 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, contact should be made with Sylvia Ann Fernandez, Courtroom Deputy, (210) 472- 6550, Ext. 5011, [email protected]. 14 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 should be made with Sylvia Ann Fernandez, Courtroom Deputy, (210) 472- 6550, Ext. 5011, [email protected]. Motions Practice 29. When (if ever) does the court want a courtesy copy of a filing? Only for emergency motions. 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? Yes, copies of cases should be attached to briefs or motions, and copies from electronic databases are acceptable with pertinent parts highlighted. 31. Does the court typically have hearings on contested motions in criminal cases? If not, what circumstances would warrant a hearing? Yes, however, see answers to questions nos. 16 and 17. 32. What time of day are hearings in criminal cases generally held? Criminal hearings are usually held at 9:30 a.m. or 1:30 p.m. via Zoom. 33. 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? Yes, if a telephone or Zoom conference is necessary, it can be arranged by the parties in coordination with a Law Clerk or the Courtroom Deputy. 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? Without leave of Court, any brief or memorandum less than 30 pages may be submitted. 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. Parties may file a motion for leave of court to submit supplemental briefing. 15 36. Does the court accept letter briefs in criminal cases? If so, are there circumstances in which the court prefers letter briefs? Letter briefs should not be submitted. 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. Yes. 38. How far before trial does the court rule on dispositive motions? As far in advance as possible, but if the court cannot address the motion, it will usually continue the trial setting. 39. Does the court have any particular rules regarding filing, hearing, or granting motions that have not been addressed above? • Do not submit a response and a motion together in one document. • Motions to Suppress should contain a background statement of uncontested facts. • Any request that a trial date be modified must be made in writing. • A motion in limine must be confined to matters actually in dispute. 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)? Attorneys are required to wear standard business attire. For men, this includes a coat and tie. Otherwise, see Local Rule AT-5. 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. 16 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? Any request that a trial date be modified must be made in writing. The opposing side must be conferred with regarding the continuance of a trial. If there is an agreement, the Court normally approves a continuance. If there is no agreement, a hearing is held. 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? Trial will normally convene at 9:00 a.m. and adjourn around 5:00 p.m., recessing for lunch between 12:00 p.m. and 1:15 p.m. 46. Does the court permit the use of jury questionnaires? If so, when should the proposed questionnaire be provided to the court? Only with permission. The proposed questionnaire should be provided to the Court as soon as possible, but no later than 60 days before trial. 47. Does the court allow attorneys to conduct their own voir dire in criminal cases? If so, typically for how long? The Judge will conduct the principal voir dire. Attorneys may submit written questions in advance. On completion of the general voir dire, the Judge typically allows attorneys to ask follow-up questions (a time limit of 20 minutes is usually imposed). 48. How much time are parties typically given for opening statements in criminal cases? Counsel are normally afforded 20-30 minutes to make an opening statement. 49. Does the court permit the parties to use deposition testimony by agreement even if the witness is not unavailable? The Court will accept the parties’ agreement to use a deposition at trial even though the witness is available. Before trial, counsel must provide the Courtroom Deputy with a copy of all depositions to be used as exhibits at trial. Counsel will designate the portion of any deposition to be read by citing pages and lines. Objections to those portions (citing pages and lines) with supporting authority must be filed at least three (3) business days before trial. Use of videotape depositions is permitted to the extent the parties agree on admissibility or edit to resolve objections. 17 50. Must a party intending to present testimony by deposition provide excerpts to the court? If so, when? Yes, see above for guidelines. 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. Documents may be submitted in Word. 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 trial, the Courtroom Deputy will approach counsel and return all exhibits. Counsel will be required to sign an Inventory of Exhibits. Counsel are responsible for maintaining exhibits in an unaltered and safe manner for appeal. Miscellaneous 54. When does the court find that sanctions are appropriate? Counsel for all parties and all pro se parties should cooperate fully in the discovery process and to make all reasonable discovery available to the requesting party. Excessive discovery or resistance to reasonable discovery will not be tolerated. Throughout the discovery process, counsel must observe the standards of litigation set forth in Local Rule AT-4. Unnecessary discovery or unreasonable delay may subject the infracting party to sanctions and the payment of costs. 55. Are there any other special practices or procedures for lawyers and parties appearing before the court in criminal cases? Counsel should thoroughly confer with their clients BEFORE the rearraignment regarding any plea. Plea agreements should be completely signed (and copies provided to the Courtroom Deputy) well in advance of the hearing. 56. Any pet peeves? Tardiness. Attorneys talking too fast and upsetting the Court Reporter. Not immediately notifying the Court that a motion is unopposed (or that portions of a motion are uncontested). 18 Failure to acknowledge/distinguish cases adverse to your position. Unprofessional conduct/use of adjectives to debase or impugn opposing counsel or the adverse party. Objections raised for the first time at the sentencing hearing and not previously made to the Probation Officer. 19

=== Proposed-Scheduling-Order-and-Rule-26f-Report.pdf ===

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION __________________________, Plaintiff(s), v. __________________________, Defendant(s). § § § § § § § § § § § Civil Action No. SA-__-CV-____-XR ORDER It is ORDERED that the Plaintiff(s) confer with the Defendant(s) as required by Fed. R. Civ. P 26(f) to submit (1) a proposed scheduling order and (2) a Rule 26(f) Report in the formats shown in the attached documents for the Court’s consideration by ________________. Failure to do so may result in the Court’s entering its own scheduling order. After receipt of the Proposed Scheduling Order and Rule 26(f) Report, the Court will issue an Order setting an Initial Pre-Trial Conference pursuant to Fed. R. Civ. P. 16. At the request of the Bar, the San Antonio District Judges have implemented a procedure whereby a Magistrate Judge is assigned to each civil case at the time it is filed. The assignments are made randomly and are evenly divided among the three San Antonio Magistrate Judges. If a pretrial matter is referred by the District Judge, it will be handled by the Magistrate Judge to whom the case was assigned. Similarly, if the parties consent to Magistrate Judge jurisdiction, the case will be placed on the docket of the assigned Magistrate Judge for all future proceedings, including entry of final judgment. 28 U.S.C. § 636(c). The Magistrate Judge assigned to this case is ________________. So that this Court may more efficiently manage its docket, the parties are hereby ORDERED to notify the Court whether or not they consent, under 28 U.S.C. § 636(c), to Magistrate Judge jurisdiction. Therefore, within thirty (30) days of the date of the filing of this Order, each party shall sign the appropriate election form to be filed with the Clerk's Office (see attached). UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION __________________________, Plaintiff(s), v. __________________________, Defendant(s). § § § § § § § § § § § Civil Action No. SA-__-CV-____-XR PLAINTIFF=S ADVISORY TO THE CLERK OF COURT Plaintiff in the above-captioned case elects as follows (please select only one of the following options): G G I consent to proceed before a United States Magistrate Judge in accordance with provisions of Title 28 U.S.C. Section 636. Plaintiff in the above-captioned case waives the right to proceed before a United States District Judge and consents to have a United States Magistrate Judge conduct any and all further proceedings in this case, including rendering a decision, and to order the entry of final judgment. Any appeal shall be taken to the United States Court of Appeals for the Fifth Circuit in accordance with Title 28 U.S.C. Section 636(c)(3). I do not consent to proceed before a United States Magistrate Judge. Plaintiff in the above-captioned case elects not to have this case decided by a United States Magistrate Judge and prefers that this case proceed before the United States District Judge. ________________________________________ Plaintiff=s Name By: _____________________________________ Signed by Attorney Date UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION __________________________, Plaintiff(s), v. __________________________, Defendant(s). § § § § § § § § § § § Civil Action No. SA-__-CV-____-XR DEFENDANT=S ADVISORY TO THE CLERK OF COURT Defendant in the above-captioned case elects as follows (please select only one of the following options): G I consent to proceed before a United States Magistrate Judge in accordance with provisions of Title 28 U.S.C. Section 636. Defendant in the above-captioned case waives the right to proceed before a United States District Judge and consents to have a United States Magistrate Judge conduct any and all further proceedings in this case, including rendering a decision, and to order the entry of final judgment. Any appeal shall be taken to the United States Court of Appeals for the Fifth Circuit in accordance with Title 28 U.S.C. Section 636(c)(3). G I do not consent to proceed before a United States Magistrate Judge. Defendant in the above-captioned case elects not to have this case decided by a United States Magistrate Judge and prefers that this case proceed before the United States District Judge. ________________________________________ Defendant's Name By: _____________________________________ Signed by Attorney Date UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION __________________________, Plaintiff(s), v. __________________________, Defendant(s). § § § § § § § § § § § Civil Action No. SA-__-CV-____-XR AGREED1 SCHEDULING RECOMMENDATIONS The parties recommend that the following deadlines be entered in the scheduling order to control the course of this case: MOTIONS FOR LEAVE TO AMEND PLEADINGS. The deadline for Plaintiff(s) to file a motion seeking leave to amend pleadings; or to join parties is ______________.2 The deadline for Defendant(s) to file a motion (1) to designate responsible third parties, pursuant to Texas Civil Practices & Remedies Code § 33.004(a); (2) seeking leave to amend pleadings; or (3) to join parties is ______________.3 EXPERTS All parties asserting claims for relief shall file their designation of testifying experts and serve on all parties, but not file, the materials required by Fed. R. Civ. P. 26(a)(2)(B) on or before ________________________.4 Parties resisting claims for relief shall file their designation of testifying experts and serve on all parties, but not file, the materials required by Fed. R. Civ. P. 26(a)(2)(B) on or before __________________.5 1 This document should generally be filed as an agreed upon recommendation. If any party cannot agree to certain deadline, that party should indicate with specificity why a dispute exists as to the appropriate deadline. 2 Generally 60 days from date of this order. 3 Generally 75 days from date of this order. 4 Generally 90 days from date of this order. All parties shall file all designations of rebuttal experts and serve on all parties the material required by Fed. R. of Civ. P. 26(a)(2)(B) for such rebuttal experts, to the extent not already served, within fifteen (15) days of receipt of the report of the opposing expert. 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 eleven (11) days from the receipt of the written report of the expert’s proposed testimony, or within eleven (11) days from obtaining a copy of the expert’s deposition, if a deposition is taken, whichever is later. The deadline for filing supplemental reports required under Fed. R. Civ. P. 26(e) is _______________________. WITNESS LIST, EXHIBIT LIST, AND PRETRIAL DISCLOSURES The deadline for filing Rule 26(a)(3) disclosures is _______________. The deadline for filing objections under Rule (26)(a)(3) is _________________. Any objections not made will be deemed waived. COMPLETION OF DISCOVERY Written discovery requests are not timely if they are filed so close to this deadline that under the Federal Rules of Civil Procedure the response would not be due until after the deadline. The deadline for the completion of all discovery is _______________.6 ALTERNATIVE DISPUTE RESOLUTION (ADR) REPORT A report on alternative dispute resolution in compliance with Local Rule CV-88 shall be filed on or before _________________. 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. The parties are ordered to retain the written offers of settlement and response as the Court will use these in assessing attorneys' fees and costs at the conclusion of the proceedings. If a settlement is reached, the parties should immediately notify the Court so the case may be removed from the Court’s trial docket. 5 Generally 120 days from date of this order. 6 Generally 180 days from date of this order. PRETRIAL MOTIONS No motion (other than a motion in limine) may be filed after this date except for good cause. The deadline to file motions (including dispositive motions and Daubert motions) is _______________________. 7 This deadline is also applicable to the filing of any summary judgment motion under Fed. R. Civ. P. 56 and any defense of qualified immunity. Leave of court is automatically given to file motions, responses, and replies not to exceed 30 pages in length.8 Fed. R. Civ. P. 6(d) does not apply to the time limits set forth in Local Rule CV-7 for responses and replies to motions. JOINT PRETRIAL ORDER AND MOTION IN LIMINE The deadline to file a Final Joint Pretrial Order and any motion in limine is _____________________. All attorneys are responsible for preparing the Final Joint Pretrial Order, which must contain the following: (1) a short statement identifying the Court’s jurisdiction. If there is an unresolved jurisdictional question, state it; (2) a brief statement of the case, one that the judge could read to the jury panel for an introduction to the facts and parties; (3) a summary of the remaining claims and defenses of each party; (4) a list of facts all parties have reached agreement upon; (5) a list of contested issues of fact; (6) a list of the legal propositions that are not in dispute; (7) a list of contested issues of law; (8) a list of all exhibits expected to be offered. Counsel will make all exhibits available for examination by opposing counsel. All documentary exhibits must be exchanged before the final pre-trial conference. The exhibit list should clearly reflect whether a particular exhibit is objected to or whether there are no objections to the exhibit; (9) a list of the names and addresses of witnesses who may be called with a brief statement of the nature of their testimony; (10) an estimate of the length of trial; 7 This date should not be any later than 90 days before the case is scheduled for trial in order to allow the Court adequate time to rule. 8 This supersedes the page limit specified in TXWD Local Rules CV-7(d)-(f). (11) for a jury trial, include (a) proposed questions for the voir dire examination, and (b) a proposed charge, including instructions, definitions, and special interrogatories, with authority; (12) for a nonjury trial, include (a) proposed findings of fact and (b) proposed conclusions of law, with authority; (13) the signatures of all attorneys; and (14) a place for the date and the signature of the presiding judge. FINAL PRETRIAL CONFERENCE The Final Pretrial Conference shall be held on [THIS DATE WILL BE COMPLETED BY THE COURT] ___________________________. Motions in limine, if any, will be heard on this date. Counsel should confer prior to this hearing on any issues raised in a motion in limine or the Joint Pretrial Order. Any party intending to use a demonstrative exhibit should provide the same to opposing counsel at least 3 days prior to the Final Pretrial conference so that if any objections or issues are raised about the demonstrative exhibit, they can be addressed at the final pretrial conference. TRIAL The Trial Date is [PARTIES MAY SUGGEST A TRIAL DATE. IT IS RECOMMENDED THAT THE PARTIES CONTACT THE COURTROOM DEPUTY TO DETERMINE AVAILABILITY ON THE COURT CALENDAR] ______________________. UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION __________________________, Plaintiff(s), v. __________________________, Defendant(s). § § § § § § § § § § § Civil Action No. SA-__-CV-____-XR JOINT FED. R. CIV. P. 26 REPORT 1. Are there any outstanding jurisdictional issues? For removed cases based on diversity jurisdiction, do the parties agree that the amount in controversy exceeded $75,000 at the time of removal? If not, each party should state its position on the amount in controversy. 2. Are there any unserved parties? If more than 90 days have passed since the filing of the Complaint or petition, should these unserved parties be dismissed? 3. What are the causes of action, defenses, and counterclaims in this case? What are the elements of the cause(s) of action, defenses, and counterclaims pled? 4. Are there any agreements or stipulations that can be made about any facts in this case or any element in the cause(s) of action? 5. State the parties’ views and proposals on all items identified in Fed. R. Civ. P. 26(f)(3). 6. What, if any, discovery has been completed? What discovery remains to be done? Have the parties considered conducting discovery in phases? 7. What, if any, discovery disputes exist? 8. Have the parties discussed the desirability of filing a proposed order pursuant to Federal Rule of Evidence 502? 9. Have the parties discussed mediation?

=== Standing-Order-Concerning-Removed-Cases-For-Judge-Xavier-Rodriguez.pdf ===

STANDING ORDER CONCERNING REMOVED CASES NOTICE TO REMOVING DEFENDANT(S): (1) FILE THE COMPLETE STATE COURT RECORD. Pursuant to 28 U.S.C. § 1447(b) and the Fact Sheet for Judge Xavier Rodriguez (available at https://www.txwd.uscourts.gov), if not already done, the removing party(ies) shall, within fourteen days of this Order, supplement the record with all state court pleadings. The supplement is to be filed electronically and shall include a copy of the complete file, including the docket sheet, in this cause from the court from which this case was removed. (2) PROPERLY PLEAD THE CITIZENSHIP OF ALL PARTIES. If this case has been removed on the basis of diversity jurisdiction under 28 U.S.C. § 1332, the removing party has the burden to demonstrate that there is complete diversity by properly pleading the citizenship of all parties. 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). The removing party shall ensure that they have properly pled the citizenship of all parties in this case as outlined below, and shall file an amended notice of removal or supplement their original notice of removal within 14 days of this Order if they have not. Failure to file an amended Notice of Removal or to supplement the record with proper citizenship allegations within 14 days may result in remand of this action by the Court without further notice. (a) Individuals/Natural Persons: 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) (“For individuals, citizenship has the same meaning as domicile, and the place of residence is prima facie the domicile. Nevertheless, citizenship and residence are not synonymous terms. Citizenship requires not only residence in fact but also the purpose to make the place of residence one’s home. Therefore, an allegation of residency alone does not satisfy the requirement of an allegation of citizenship.”) (cleaned up). (b) LLCS, Partnerships, and Unincorporated Associations: The citizenship of limited liability entities is determined by the citizenship of all their 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).1 1 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. (c) Corporations: 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). (3) SUBMIT AN ADVISORY TO THE COURT WITH ANSWERS TO THE FOLLOWING QUESTIONS WITHIN 7 DAYS: (a) The date on which the removing party was served with a summons and petition. If the Notice of Removal is filed more than thirty days after this date, explain why. If removal is based on “other paper,” identify the paper (provide it if not already provided) and state the date on which it was received. (b) Identify whether any defendants who had been served prior to the time of removal are citizens of Texas. (c) Identify any defendant who had been served prior to the time of removal who did not formally join in the notice of removal and the reasons therefor (provide copies of written consents, if any, if not already on file). (d) Was this case removed from one of the following counties: Atascosa, Bandera, Bexar, Comal, Dimmit, Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, Real, or Wilson. If no, state what county it was removed from. NOTICE TO PLAINTIFF(s): (1) MOTIONS TO REMAND: Plaintiff(s) must file a motion to remand based on any procedural defects in removal within thirty days of the filing of the Notice of Removal. 28 U.S.C. § 1447(c). The Court will not sua sponte remand on the basis of a procedural defect. (2) SERVICE OF PROCESS: Rule 4 applies to a civil action after it is removed from state court. If any Defendant has not yet been served (including the removing Defendant), Plaintiff must serve them pursuant to Rule 4. Failure to timely serve a defendant may result in dismissal pursuant to Rule 4(m). NOTICE TO ALL PARTIES: 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.

=== Standing-Order-in-Civil-Cases-Assigned-to-Judge-Xavier-Rodriguez.pdf ===

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION ' ' ' ' ' ' ' ' STANDING ORDER IN CIVIL CASES ASSIGNED TO JUDGE XAVIER RODRIGUEZ The disposition of civil cases will be controlled by the following order. DISCLOSURE STATEMENT Any nongovernmental corporate party must file its Fed. R. Civ. P. 7.1 Disclosure Statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. If any required information changes, any nongovernmental corporate party must promptly file a supplemental statement. RULE 26 ATTORNEY CONFERENCE If not already held, the parties must conclude the Rule 26(f) conference no later than 14 days from the date this Order is signed. Unless attorneys reside in different cities, the Court expects that the Rule 26(f) conference will be conducted in a “face-to-face” session. Parties should consider exchanging “Early Rule 34” requests pursuant to FED. R. CIV. P. 26(d)(2) to facilitate focused discussion of discovery issues during the Rule 26(f) conference. Additional guidance can be found in the Addendum attached to this Order. INITIAL DISCLOSURES If not already exchanged, the parties must serve the Rule 26(a)(1) initial disclosures on each other no later than 14 days from the date this Order is signed. INITIAL PRETRIAL CONFERENCE An initial pretrial conference pursuant to Fed. R. Civ. P. 16 will be scheduled after the Court receives the parties’ proposed scheduling order. However, if a party believes that a conference with the Court is needed on a more immediate basis to resolve any discovery or case management issues, the party should file a motion with the Court requesting a pretrial 1 conference. The parties shall confer on the substance of any disputes prior to the filing of any motion for a pretrial conference. DISCOVERY & ELECTRONICALLY STORED INFORMATION (ESI) The parties shall conform to the principles set forth in the Addendum to this Order, regarding the request for and exchange of ESI. STIPULATED ORDER REGARDING INADVERTENT PRODUCTION The Court encourages the parties to consider filing a proposed agreed order, pursuant to Fed. R. Civ. P. 26(c), that a party does not waive the attorney-client privilege or the attorney work- product privilege by inadvertently producing privileged or work-product documents. RULE 12 MOTIONS Twombly motions (motions to dismiss for failure to state a claim) and motions for more definite statement generally lack merit and should be filed sparingly. Because motions under Fed. R. Civ. P. 12(b)(6) and Rule 12(c) have become routine practice, the filing of such motions does not stay discovery and will not otherwise delay progress of the case pending a ruling on the motion, unless the party filing the motion obtains a court order otherwise. REDACTION OF CERTAIN MATERIAL Counsel are reminded that, with regard to any paper that is filed, compliance with Fed. R. Civ. P. 5.2 is mandatory. Accordingly, counsel should ensure that appropriate redactions are made. SIGNED this 1st day of December, 2015. XAVIER RODRIGUEZ UNITED STATES DISTRICT JUDGE 2 ADDENDUM REGARDING DISCOVERY The purpose of this Addendum is to secure the just, speedy, and inexpensive determination of every civil case, and to promote, whenever possible, the early resolution of discovery disputes without Court intervention. An attorney's zealous representation of a client is not compromised by conducting discovery in a cooperative manner. The failure of counsel or the parties to cooperate in facilitating and reasonably limiting discovery requests and responses raises litigation costs. The proportionality standard set forth in Fed. R. Civ. P. 26(b)(1) should be applied in each case when formulating a discovery plan. To further the application of the proportionality standard in discovery, requests for production and related responses should be reasonably targeted, clear and as specific as practicable. The parties and counsel should come to the meet and confer conference prepared to discuss the claims and defenses in the case including specific issues, time frame, potential damages, and targeted discovery that each anticipates requesting. In addition, the parties and counsel should be prepared to discuss reasonably foreseeable preservation issues that relate directly to the information that the other party is seeking. At the Rule 26(f) Conference (and thereafter as necessary), counsel should also discuss the following: (1) the identification of relevant discovery (including electronically stored information); (2) the scope of ESI to be preserved by the parties; (3) the formats for preservation and production of ESI; (4) the potential for conducting discovery in phases or stages as a method for reducing costs and burden; (5) the procedures for handling inadvertent production of privileged information and other privilege waiver issues under Federal Rule of Evidence 502; (6) whether duplicative ESI may be deleted and whether such elimination will occur only within each particular custodian's data set or whether it will occur across all custodians; (7) filtering data based on file type, date ranges, sender, receiver, custodian, search terms, or other similar parameters; and (8) keyword searching, mathematical or thesaurus-based topic or concept clustering, or other advanced culling technologies. Disputes regarding ESI will be resolved more efficiently if, before meeting with opposing counsel, the attorneys for each party review and understand how their client's data is stored and 3 retrieved in order to determine what issues must be addressed during the Rule 26 meet and confer conference. The information sought to be preserved through the use of a preservation letter request or order should be reasonable in scope and mindful of the factors set forth in Rule 26(b)(1). All parties and their counsel are responsible for taking reasonable and proportionate steps to preserve relevant ESI within their possession, custody or control. Determining which steps are reasonable and proportionate in particular litigation is a fact specific inquiry that will vary from case to case. The parties and counsel should address preservation issues at the outset of a case, and should continue to address them as the case progresses and their understanding of the issues and the facts improves. If the parties are unable to resolve a preservation issue, then the issue should be raised promptly with the Court. The following categories of ESI generally are not discoverable in most cases, and if any party intends to request the preservation or production of these categories, then that intention should be discussed at the meet and confer or as soon thereafter as practicable: (1) "deleted," "slack," "fragmented," or "unallocated" data on hard drives; (2) random access memory (RAM) or other ephemeral data; (3) on-line access data such as temporary internet files, history, cache, cookies, etc.; (4) data in metadata fields that are frequently updated automatically, such as last-opened dates; (5) backup data that is substantially duplicative of data that is more accessible elsewhere; and (6) other forms of ESI whose preservation requires extraordinary affirmative measures that are not utilized in the ordinary course of business. 4