Judge Nicholas Jon Ganjei
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- As Directed
Emergency Motions
- 1 copy • Email
Exhibit
- 3 copies • Simultaneous with Exhibit List Submission
Exhibits
- Within 7 Calendar Days
Adjournments
- Continuances based on failure to complete discovery are disfavored, with potential sanctions for discovery failures.
- The Court will accommodate vacation and family-related continuance requests if made well in advance of the hearing or trial.
- Modification of the Scheduling Order requires a motion establishing good cause, and requested changes must include recommended dates for all adjusted deadlines after the first modification.
- +5 more
Request must include
Communication
Chambers
Phone
Chambers
Page & Word Limits2 rules
Motions and responses limited to 5000 words; replies limited to 2000 words. Sur-replies prohibited without permission. Word count certificate required. Exclusions: caption, TOC, TOA, signature, certificates. Word limit extensions rarely granted.
- Motion
- Opposition
- Reply
Excluded from word count
- •Caption
- •Table of contents
- •Table of authorities
- •Signature block
- •Certificates
Court's wording
c. Page Limits: Limit any motion or response to 5,000 words (approximately twenty-five pages). Limit any reply to 2,000 words (approximately ten pages). Do not file a sur-reply absent permission. Provide a certificate of word count following the signature block. Reliance on word-processor register is sufficient in this regard. Word limits do not include the case caption, table of contents, table of authorities, signature block, or certificates. Word limits are rarely extended. Anticipate and seek resolution of any motion for extension well in advance of the filing deadlines.
To obtain permission, the party seeking relief must submit a letter not exceeding two pages.
- Letter
- Up to 2 pages
Document Format Requirements21 rules
Trial Deposition excerpts when objections have been lodged. Highlight the objections and the questions/answers to which those objections are directed.
- Trial deposition excerpts
Formatting
- •Highlight objections and corresponding questions/answers
Hard copy courtesy copies must be tabbed at the right margin, stored in binders no larger than 4 inches, and marked with the CM/ECF docket number unless urgent.
- Trial deposition excerpts
- Sealed document
- Joint pretrial order
- Trial material
Formatting
- •Exhibits/attachments tabbed at right margin
- •Use smallest possible binder
- •Max binder size 4 inches
- •Divide into multiple binders if needed
Court's wording
When providing hard copies, organize exhibits and attachments by tab at the right margin. Use the smallest binders that comfortably hold the material. Do not use binders larger than four inches. Divide into multiple binders when necessary. Provide courtesy copies marked with the file-stamped CM/ECF system docket number unless submitted on an urgent basis.
Use Form 5 to prepare draft proposed orders.
Motion papers must use letter-size paper, 1-inch margins (0.5 inches for footnotes/headers/footers), double spacing (with exceptions), and specified fonts/sizes.
- Line spacing
- Double
- Margins
- At least 1 inch
- Paper size
- Letter
Formatting
- •0.5-inch margins for footnotes, page numbers, headers, footers
- •Single spacing permitted for lengthy quotations, headings, footnotes
Court's wording
b. Style: Use American letter-size paper, and a minimum of 1-inch margins with ½-inch margins for footnotes, page numbers and any headers or footers. Double space except for lengthy quotations, headings, and footnotes. Acceptable fonts are Times New Roman size 13 or larger, Book Antiqua size 12 or larger, and Century Schoolbook size 12 or larger.
Supporting evidence must be filed as separate exhibits with cover sheets; numerous exhibits require a table of contents; exhibits must be uploaded as separate CM/ECF attachments.
Formatting
- •Affidavits, deposition excerpts, supporting documents must be separate exhibits
- •Each exhibit must have a cover sheet
Court's wording
g. Supporting Evidence: Supply affidavits, deposition testimony excerpts, and supporting documents as separate exhibits to the filing. Provide a cover sheet to identify and separate each exhibit. Prepare and submit a table of contents when attachments are numerous. Upload exhibits as separate attachments during filing on the CM/ECF system.
Use Form 6 to prepare a Joint Pretrial Order. Adapt this form within reason to accommodate the nature and complexity of the case.
- Joint pretrial order
Formatting
- •Use Form 6
Use Form 7 to prepare a trial exhibit list. Also refer to Section 12. Each offering party must mark its own exhibits with the party’s name, case number, and exhibit number. List only those exhibits intended in good faith for use during trial.
- Exhibit list
Formatting
- •Use Form 7
Use Form 8 to prepare the trial witness list.
- Witness list
Formatting
- •Use Form 8
Use Form 9 to prepare deposition designations.
For bench trials, also offer the entire deposition marked as an exhibit.
Include a cover sheet with concise summary of topics for each witness, the first deposition page, and at least two pages prior to and after any designation. Highlight in contrasting colors to indicate all designated testimony, counter-designations, and objections. Use a condensed transcript (four pages to one) when available.
Do not make copies. Return all questionnaires on conclusion of jury selection.
In civil cases, counsel for Plaintiff must also submit a Word version by email to the Court’s Case Manager.
- File type
- Word
Identify by bold, italicized, or differently colored font any disputed language and which party requests each competing version.
Formatting
- •Disputed language must be identified by bold, italicized, or differently colored font
- •Each competing version must note which party requests it
Agreed post-trial findings and conclusions must use black font; disagreed items must use different color font per party.
Court's wording
Use black font for all agreed findings and conclusions. Make it clear in the proposed findings that this means that the parties are agreed as to those. Where the parties disagree, use different color font. For example, if the parties do not agree on finding of fact number 7, plaintiff should submit their proposed number 7 in red and the defendant should submit their proposed number 7 in blue.
In civil cases, counsel for Plaintiff must also submit a Word version by email to the Case Manager.
- Attorneys
- File type
- Word
In criminal cases, counsel for Prosecution and Defense must each submit a Word version by email.
- Attorneys
- File type
- Word
Use the forms provided on the Court’s website: https://www.txs.uscourts.gov/page/district-magistrate- judges-procedures-schedules.
Each offering party must mark its own exhibits. Include the party’s name, case number, and exhibit number on each exhibit.
Pinpoint citations required for all legal authority; specific citation formats required for evidence; Bates numbers required where available.
Formatting
- •Depositions: cite page and line
Court's wording
f. Citations: Provide pinpoint citation for all legal authority. For evidence, cite to page and line for depositions, to page and paragraph number for affidavits and pleadings, and to page and section number for contracts and similar materials. Use Bates numbers as the page reference where available.
Legal authorities not on Westlaw or Lexis must be appended as an appendix with a cover sheet.
Formatting
- •Each appendix authority must have a cover sheet
Court's wording
h. Copies of Legal Authority: Supply all cases or other authority not readily available through Westlaw or Lexis-Nexis as an appendix to any filing. Provide a cover sheet to identify and separate each authority.
Document Filing Requirements48 rules
Identify in separate paragraphs each party and its respective counsel. List the addresses, telephone numbers, and e-mail addresses of counsel.
Identify all claims remaining including the party affected.
Identify any pending motions other than motions in limine.
Set forth a brief, agreed statement of the case. In a jury trial, the Court will read this statement to the jury panel during voir dire examination. Include names, dates, and relevant places. Briefly state the parties’ contentions and the issues requiring resolution at trial.
Briefly state why the Court has jurisdiction of the subject matter and the parties. Identify any unresolved jurisdictional questions or whether any party disagrees.
Each party must file as a separate document and attach to this Joint Pretrial Order a list of all exhibits expected to be offered. Use Form 7 to prepare the trial exhibit list.
- Document
- Joint pretrial order
Must include
- •Exhibit list
For a jury trial, each party must separately file and attach any motion in limine, proposed prospective-juror topics and questions, and a proposed joint jury charge, following the specified procedure sections.
Court's wording
For any jury trial, each party must file as a separate document and attach to this Joint Pretrial Order the following additional attachments. • Any motion in limine as per Section 23 of the Court’s Procedures; • Proposed topics and questions for examination of prospective jurors as per Section 24 of the Court’s Procedures; and • A proposed joint jury charge as per Section 25 of the Court’s Procedures.
The Joint Pretrial Order must include the specified witness-disclosure statement, including its rebuttal and impeachment exception.
Court's wording
Include the following statement: “If any other witnesses will be called at the trial, their names, addresses, and the subject matter of their testimony will be reported to opposing counsel as soon as they are known. This restriction will not apply to rebuttal or impeachment witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial.”
List in separate paragraphs the names and addresses of witnesses that each party intends in good faith to call in its case-in-chief. Include a brief statement of the subject matter and substance of the testimony of each.
Each party must file and attach a separate trial witness list using Form 8 and comply with Section 21 of the Court’s procedures.
Court's wording
Each party must file as a separate document and attach to this Joint Pretrial Order a list of all witnesses. Use Form 8 to prepare the trial witness list. Prepare the list as per Section 21 of the Court’s procedures.
Each party must file and attach any intended deposition designations as a separate document, following Section 22 and using Form 9.
Court's wording
Each party must also file as a separate document and attach to this Joint Pretrial Order any intended deposition designations. Prepare the designations as per Section 22 of the Court’s procedures. Use Form 9 to prepare the deposition designations.
For bench trials, each party must separately file proposed findings of fact and conclusions of law and attach them to the Joint Pretrial Order.
Court's wording
For any bench trial, each party must file as a separate document and attach to this Joint Pretrial Order the following additional attachment. • Proposed findings of facts and conclusions of law as per Section 26 of the Court’s Procedures.
The removing party must file the certificate of service and provide the additional information within ten days of removal.
- Document
- Notice of removal
Must include
- •Certificate of service
All counsel who wish to receive CM/ECF notices must file a notice of appearance. Inclusion of names in the signature block of a pleading does not constitute notice of appearance.
All parties must sign and counsel for Plaintiff must file a single, completed joint plan. Follow Rule 26(f) in all respects.
Include the applicant’s averment of familiarization with these procedures and the Local Rules with any application for pro hac vice admission.
Motions for entry of a protective order must include the proposed order as an exhibit.
- Document
- Protective order motion
Must include
- •Proposed order
Court's wording
The parties must jointly confer in good faith regarding appropriate terms for a protective order and file either a joint or opposed motion for entry of a protective order with the proposed order as an exhibit.
If the Court has not addressed a pending motion that a party believes needs imminent attention, a party may file a motion requesting a ruling. The motion should explain the posture of the case and the pending motion, and explain why the pending motion needs to be addressed quickly.
The Court may strike motions that do not include a certificate of conference.
- Document
- Motion
Include
- •Certificate of conference
The Court may strike motions that do not include this in the certificate of conference.
- Document
- Motion
Include
- •Certificate of conference
Include a proposed order granting or denying the requested relief with all non-dispositive motions and oppositions.
- Document
- Motion
Include
- •Proposed order
Provide a certificate of word count following the signature block. Reliance on word-processor register is sufficient in this regard.
- Placement
- Signature block
Include
- •Word count
a. Separate Memorandum Not Allowed: File a single pleading. Do not file a separately designated Memorandum of Law. Include necessary factual support, legal argument, and requested relief in the motion itself.
Joint Pretrial Orders must be signed by all lead counsel; plaintiff's counsel has primary filing responsibility, defendant's counsel must file on plaintiff's failure.
Court's wording
All lead counsel must sign the Joint Pretrial Order. Primary responsibility rests with Plaintiff’s counsel to ensure timely filing as established by rule unless otherwise set by Court order. On any failure by Plaintiff’s counsel, Defendant’s counsel must timely file Defendant’s portions.
The parties must jointly prepare and provide written certification of completeness.
Each party must file a list of witnesses it intends in good faith to call in its case- in-chief. State for each witness: Full name, address, and identifying information; A concise summary of the expected testimonial topics; Whether the witness will testify live or by deposition; and Whether testimony is fact, expert, or record custodian.
File separate motions in limine with a matching proposed order on the same date the Joint Pretrial Order is filed.
- Document
- Motion in limine
Include
- •Proposed order
The Prosecution must file a proposed jury charge based on the Fifth Circuit Pattern Jury Instructions and supported modifications.
Where the parties agree, say so in the heading of that proposed instruction. Where the parties disagree, each party should offer their own proposed instruction in order.
Identify with legal support any deviations from the pattern instructions; and
The Defense must file objections or its own supported modifications.
Present each instruction, definition, and question with supporting legal authority;
Each side must provide supporting legal authority for all requested instructions, definitions, and questions.
File a Joint Proposed Charge: File a unified proposed charge even when not agreed in full.
Submit a complete joint charge with the proposed instructions in the order that you would like them read to the jury.
Use the Fifth Circuit Pattern Jury Instructions whenever possible;
Proposed conclusions of law must cite legal authority, specify agreed propositions, and address cause of action elements, evidence, definitions, and damages.
Court's wording
Proposed Conclusions of Law: Each party must cite legal authority to support all proposed conclusions of law it seeks at trial. Specify agreed propositions of law. At a minimum, address the prima facie elements of each cause of action and defense, the relation of necessary evidence to those elements, necessary legal definitions, all components of damages, and methods of calculations of damages.
Required Filings: Each party must file proposed findings of fact and conclusions of law at the time the Joint Pretrial Order is filed.
Proposed findings of fact must specify all anticipated findings, cite supporting evidence, and note stipulated facts.
Court's wording
Proposed Findings of Fact: Each party must specify all proposed findings it anticipates establishing at trial. To the extent possible, cite deposition testimony, expected witness testimony, exhibits, or other evidence to support each proposed finding. Specify stipulated or agreed facts.
Counsel and pro se parties must file a certificate of interested parties with the Clerk at least 15 days before the Scheduling Conference, listing all financially interested entities and underlining corporation names.
Court's wording
Counsel and all unrepresented parties must also file with the Clerk, at least 15 days before the Scheduling Conference, a certificate listing all persons, associations, firms, partnerships, corporations, affiliates, parent corporations, or other entities, including any unincorporated entities such as LLCs or LLPs, that are financially interested in the outcome of this litigation. Underline the name of each corporation
CMP and Proposed Scheduling Order must include all applicable Rule 26(f) matters and listed topics.
Court's wording
The parties must discuss at the Rule 26(f) meeting and include in the CMP and Proposed Scheduling Order filed with the Court all the matters listed in Rule 26(f) that apply to the case. In general, the Court expects the parties to discuss, address in their CMP, and be prepared to review with the Court, the topics that are set out below. a. The nature and basis of the parties’ claims and defenses, and any threshold issues that need to be resolved, such as jurisdiction or limitations. b. The parties’ plan for discovery needed to obtain the information that is relevant, not privileged, and proportional to the needs of the case. c. Whether there are issues or problems in the preservation, retrieval, review, disclosure, or production of discoverable information. d. Whether there are issues specifically relating to the disclosure or discovery of electronically stored information, including: i. the form or forms in which it should be produced; ii. the topics and the period for which discovery will be sought; iii. the sources of information or systems within a party’s control that should be searched; iv. issues relating to preserving, retrieving, reviewing, disclosing, or producing electronically stored information; and
or entities financially interested in the outcome of the litigation are identified during this litigation, an amended certificate must be filed promptly with the Clerk. If an unincorporated entity is named as a party, the certificate must state the citizenship of every member of that entity.
The parties must file the CMP and the proposed Scheduling Order no later than 14 days before the Scheduling Conference is scheduled.
CMP must be signed by all counsel and unrepresented parties; only one CMP filed.
Court's wording
The parties are to file with the Court only one CMP and one Proposed Scheduling Order. Both must be signed by counsel for all parties and by any unrepresented parties. Counsel for the plaintiff is responsible for filing the CMP and Proposed Scheduling Order. If the plaintiff is unrepresented, counsel for the represented parties have the responsibility for filing the CMP and Proposed Scheduling Order.
If the parties cannot agree on matters that must or should be addressed in the CMP or Proposed Scheduling Order, the disagreements must be set out clearly in the joint filing.
Exhibit lists may not be amended or supplemented after the date the Joint Pretrial Order is filed unless by agreement.
Boilerplate objections or responses will not be considered.
Filing & Service rules
Filing Timing and Cure Windows
Exhibit objections must be filed within three business days after the Joint Pretrial Order is filed.
Objections to any exhibit shall be filed no later than three business days after the date the Joint Pretrial Order is filed.
Civil cases
Page 3 | Exhibits
Responses to exhibit objections must be filed within six business days after the Joint Pretrial Order is filed.
Responses to those objections shall be filed no later than six business days after the date the Joint Pretrial Order is filed.
Civil cases
Page 3 | Exhibits
Objections to deposition designations must be filed within three business days after the Joint Pretrial Order is filed.
Objections to any deposition designation shall be filed no later than three business days after the date the Joint Pretrial Order is filed.
Civil cases
Page 4 | Witnesses
Service and Proof of Service Rules
All exhibits must be exchanged no later than the date the Joint Pretrial Order is filed.
Exchange all exhibits no later than the date the Joint Pretrial Order is filed.
Civil cases
Page 3 | Exhibits
Parties should agree on the form of exhibit exchange; absent agreement, use well-organized USB drives or a similar electronic transfer or download.
Seek agreement on the form of exchange. Absent agreement, exchange well-organized USB drives or provide for similar electronic transfer or download.
Civil cases
Page 3 | Exhibits
Courtesy Copy Requirements
Do not provide the Court copies of all exhibits; provide copies only of exhibits with objections lodged within seven calendar days after the Joint Pretrial Order is filed.
Do not provide copies of all exhibits to the Court. Instead, provide only copies of exhibits to which objections are lodged no later than seven calendar days after the Joint Pretrial Order is filed.
Civil cases
Page 3 | Exhibits
Emergency motions must be filed via CM/ECF, then a copy emailed to Case Manager upon filing; extension motions are not considered emergencies.
File emergency motions on the CM/ECF system. Then send a copy by email directly to the Case Manager so that it quickly reaches the Court’s attention. Motions for extension of deadlines are not emergencies.
Page 4 | Emergencies
Electronic copies should be sent to the Court’s case manager via email. Hard copies should be mailed or hand-delivered to the attention of the Case Manager with a transmittal letter specifying the content. Do not file transmittal letters. Mail or email a copy of such letters without attachments to all other parties.
Electronic copies should be sent to the Court’s case manager via email. Hard copies should be mailed or hand-delivered to the attention of the Case Manager with a transmittal letter specifying the content. Do not file transmittal letters. Mail or email a copy of such letters without attachments to all other parties.
Page 6 | COURT COPIES
Courtesy copies must be submitted if required, following directions in Section 6.
i. Court Copies: Submit courtesy copies if required and as directed in Section 6.
Page 16 | Motion Practice and Hearings
Joint trial notebook required; plaintiff/prosecution counsel must deliver three copies at least four business days before final pretrial conference or docket call.
Confer, prepare, and provide a joint trial notebook. Include each party’s materials paired together in the order listed above. In civil cases, include the Joint Pretrial Order as the first item. Counsel to plaintiff or prosecution must deliver three copies at least four business days prior to the final pretrial conference or docket call in the manner directed in Section 6.
Page 18 | Required Pretrial Filings
Each party must submit all exhibits on a well-organized USB drive plus three paper copies per court copy rules.
Court Copies: Follow Section 19 regarding submission of all exhibit lists. In addition to the lists, each party must simultaneously submit all exhibits on a well-organized USB drive together with three copies in the manner directed in Section 6.
Page 18 | Trial Exhibit Lists
Courtesy copies are only required for trial deposition excerpts with objections (highlighted), sealed documents, joint pretrial orders, and other trial material.
When Required: Do not provide courtesy copies to the Court except for the following: • Trial Deposition excerpts when objections have been lodged. Highlight the objections and the questions/answers to which those objections are directed. • Documents filed under seal; and • Joint Pretrial Orders and other trial material.
Page 5 | COURT COPIES
Sealing & Redaction Procedures
Motion to seal required for any pleading, brief, or supporting material under seal; file unredacted material under seal, motion to seal with redacted version on public docket, and label under-seal filings with SEALED designation.
b. Motion Required to Seal: A presumption exists as to public access to judicial records. The Court disfavors the filing of any pleading, brief, or supporting material under seal. Seek permission by motion establishing good cause as follows, and refer to Le v. Exeter Finance Corp., 990 F.3d 410, 417–21 (5th Cir 2021). Under seal, file the at-issue pleading, brief, or other material. On the public record, separately file a motion to seal. Prepare and attach to the motion a redacted version of the material suitable to and proposed for filing on the public docket. In the alternative, establish cause why redaction is not possible. Identify all under-seal filings on the CM/ECF system with an informative title and designation of SEALED. For example, Motion for Summary Judgment (SEALED). Absent permission, do not simply identify a document as SEALED DOCUMENT without explanation. c. Disposition: The Court promptly considers such motions and directs filings under seal or on the public docket as appropriate.
Page 9 | Protective Orders and Filings Under Seal
Filing Bundling Requirements
Joint Pretrial Orders filed on CM/ECF must have Section 19 pretrial filings attached as exhibits.
When filing the Joint Pretrial Order on the CM/ECF system, attach the pretrial filings set out in Section 19 as exhibits.
Page 17 | Joint Pretrial Orders in Civil Cases
Each party must file all required pretrial filings (exhibit list, witness list, etc.) on the date the Joint Pretrial Order is filed, unless the Court orders otherwise.
Unless otherwise set by Court order, on the date the Joint Pretrial Order is filed each party must file: • An exhibit list (Section 20); • A witness list (Section 21); • Designation of deposition excerpts (Section 22); • Motions in limine (Section 23); • Proposed topics and questions for voir dire (Section 24); • In jury trials, a proposed joint jury charge (Section 25); and • In bench trials, proposed findings of fact and conclusions of law • A trial memorandum of law identifying and addressing the legal propositions that are necessary to the disposition and relief sought in the case, with indication of those which are not in dispute.
Page 17 | Required Pretrial Filings
File separate motions in limine with a matching proposed order on the same date the Joint Pretrial Order is filed.
File separate motions in limine with a matching proposed order on the same date the Joint Pretrial Order is filed.
Page 22 | Motions In Limine
Post-trial joint proposed findings of fact and conclusions of law must be submitted as a single document.
Following trial and at the time directed by the Court, the parties shall file a joint proposed findings of fact and conclusions of law. Submit the proposed findings and conclusions as one document and in the order the parties believe makes the most sense.
Page 24 | BENCH TRIALS
Pre-Motion Conference Requirements
Parties must jointly confer in good faith on protective order terms before filing a motion for entry of a protective order.
The parties must jointly confer in good faith regarding appropriate terms for a protective order and file either a joint or opposed motion for entry of a protective order with the proposed order as an exhibit.
Page 8 | Protective Orders and Filings Under Seal
Lead counsel must personally confer on all discovery and scheduling disputes before involving the Court.
Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court.
Page 11 | DISCOVERY AND SCHEDULING DISPUTES
Initiating letter (max 2 single-spaced pages) required to bring discovery or scheduling dispute motions; responsive letters allowed, no replies.
Do not bring a motion on discovery or scheduling disputes without permission. To obtain permission, the party seeking relief must submit a letter not exceeding approximately two single-spaced pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Specify the conference between lead counsel and summarize the results. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter.
Page 11 | DISCOVERY AND SCHEDULING DISPUTES
When a party believes an opponent has misused its privilege log, it may request that the Court make in camera inspection of not more than twenty documents. Bring any request by letter not to exceed approximately three single-spaced pages. Lead counsel must confer in good faith to resolve the dispute prior to any letter. In the letter, identify the documents for review, state the grounds for challenge, specify the conference between lead counsel, and summarize the results. This letter establishes consent to ex parte contact between the Court and the party’s opponent regarding the nature and verity of the asserted privilege. Each party may freely submit only a single letter requesting in camera inspection. Submit any letter at least sixty days before the end of discovery or promptly upon receipt of any later privilege log.
When a party believes an opponent has misused its privilege log, it may request that the Court make in camera inspection of not more than twenty documents. Bring any request by letter not to exceed approximately three single-spaced pages. Lead counsel must confer in good faith to resolve the dispute prior to any letter. In the letter, identify the documents for review, state the grounds for challenge, specify the conference between lead counsel, and summarize the results. This letter establishes consent to ex parte contact between the Court and the party’s opponent regarding the nature and verity of the asserted privilege. Each party may freely submit only a single letter requesting in camera inspection. Submit any letter at least sixty days before the end of discovery or promptly upon receipt of any later privilege log.
Page 12 | PRIVILEGE LOGS
Discovery or scheduling dispute motions may not be filed without prior permission under Section 13.
Do not bring a motion on discovery or scheduling disputes absent permission obtained under Section 13.
Page 13 | 15. MOTION PRACTICE AND HEARINGS d. Motions on Discovery and Scheduling
Rule 56 motions require mediation/settlement conference within 45 days of filing, joint report after, motion not considered before report.
Private mediation or settlement conference before the Magistrate Judge is required within forty-five days of the filing of a summary judgment motion under Rule 56. Proceed as directed under Section 29. Failure to participate in good faith may subject a party to sanctions under Rule 16(f). Immediately submit a joint report verifying either success or declaration of impasse by the mediator or Magistrate Judge. Motions for summary judgment will not be considered before submission of this joint report.
Page 13 | 15. MOTION PRACTICE AND HEARINGS c. Motions for Summary Judgment in Civil Cases
Before filing Rule 12(b)(6) or 12(c) motions, parties must identify issues and confer in good faith.
Before filing a motion to dismiss for failure to state a claim or counterclaim under Rule 12(b)(6), or a motion for judgment on the pleadings on a claim or counterclaim under Rule 12(c), identify such issues to the opposing party and confer in good faith to resolve them.
Page 13 | 15. MOTION PRACTICE AND HEARINGS b. Motions to Dismiss or for Judgment on the Pleadings in Civil Cases
Parties must make good faith efforts to resolve disputes before filing any motion.
Make serious, timely, good faith efforts to seek agreement on all disputed matters and requests for relief, including dispositive motions.
Page 13 | 15. MOTION PRACTICE AND HEARINGS a. Conference and Certificate Required
Civil motion responses due 21 calendar days after motion, replies 10 days after response, sur-replies prohibited without advance permission.
File any response within twenty-one calendar days of the motion. File any reply within ten calendar days of the response. Do not file a sur-reply without advance permission.
Page 14 | 15. MOTION PRACTICE AND HEARINGS f. Submission Date and Briefing Deadlines in Civil Cases
Contested motions in limine require a response filed within three business days after the Joint Pretrial Order is filed.
File a response to any motion in limine that is contested no later than three business days after the date the Joint Pretrial Order is filed.
Page 22 | Motions In Limine
Discovery and scheduling motions require prior permission via a 2-page pre-motion letter after lead counsel confer, with responsive letters allowed but no replies.
Any party wishing to make a discovery or scheduling motion must obtain permission before the submission of motion papers. This includes any motion to compel, to quash, for protection, or for extension. Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court. To obtain permission, the party seeking relief must submit a letter not exceeding two pages. Identify the nature of the dispute, outline the issues, and state the contested relief sought. Describe the conference between lead counsel and summarize the results. Send a copy to all counsel and unrepresented parties. The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter. The foregoing letters should be sent by email to the Court’s case manager at CM_DJGanjei@txs.uscourts.gov.
Civil cases
Page 7 | Discovery and Scheduling Motion Procedures
Pre-motion letter required for discovery/scheduling dispute motions, must include nature of dispute, issues, and contested matters; lead counsel must confer before involving court.
Lead counsel must personally confer on all discovery and scheduling disputes as a final attempt at resolution prior to involving the Court. Do not bring a motion on discovery and scheduling disputes without permission. To obtain permission, the party seeking relief must submit a letter not exceeding two pages. Identify the nature of the dispute, outline the issues, and state the contested
Page 4 | 6. Pre-Motion Conferences Required for Discovery and Other Pretrial Disputes
The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter.
The opposing party should promptly submit a responsive letter of similar length identifying any disagreement. Do not submit a reply letter.
Page 5 | 6. Pre-Motion Conferences Required for Discovery and Other Pretrial Disputes
Counsel’s designated attorney-in-charge must appear at the Scheduling Conference; substitution requires good cause and motion filed well in advance.
Counsel’s designated attorney-in-charge must appear at the Scheduling Conference. The Court permits substitution of counsel for this conference only on showing of good cause. File and seek ruling on any such motion well in advance of the conference.
Page 5 | 7. Responsibilities of Counsel and Pro Se Parties
For e-discovery disputes, each party must have a person with detailed knowledge of relevant systems available at any conference.
When the dispute includes discovery of electronic data, each party must have available at any conference a person with detailed knowledge of the computers and electronic databases in issue.
Page 5 | 6. Pre-Motion Conferences Required for Discovery and Other Pretrial Disputes
Conference attendees must be familiar with the case, prepared to discuss motions/ADR, and authorized to bind the client.
Any counsel or pro se party who appears at the conference must be: a. Fully familiar with the facts and the law applicable to the case, including having interviewed their witnesses; b. Prepared to argue any pending motion and to discuss any anticipated motion; c. Prepared to discuss potential alternative dispute resolution methods suited to the case; and d. Authorized to bind the client on all matters discussed at the conference.
Page 5 | 7. Responsibilities of Counsel and Pro Se Parties
Parties must attempt to resolve discovery and scheduling disputes without court intervention; bad faith may result in cost shifting.
Make a serious attempt to resolve all discovery and scheduling disputes without intervention by the Court. This includes disputes to compel or quash any discovery or for protection. Be pragmatic. Seek reasonable compromise. The Court may shift costs or order other relief against a party or counsel acting unreasonably or in bad faith.
Page 11 | DISCOVERY AND SCHEDULING DISPUTES
Parties must have a person with detailed electronic data knowledge available at conferences on electronic discovery disputes.
When the dispute includes discovery of electronic data, each party must have available at any conference a person with detailed knowledge of the computers and electronic databases in issue.
Page 12 | DISCOVERY AND SCHEDULING DISPUTES
Initiating letter not required for discovery relief motions against nonparties.
An initiating letter is not required to seek discovery relief against a nonparty.
Page 12 | DISCOVERY AND SCHEDULING DISPUTES
Adjournment & Extension Requirements
Modification of the Scheduling Order requires a motion establishing good cause, and requested changes must include recommended dates for all adjusted deadlines after the first modification.
The Court will modify the Scheduling Order only upon a motion establishing good cause. Agreements on continuance of deadlines do not bind the Court but are given due consideration. Requested changes must include recommended dates to adjust all deadlines following the first modification.
Page 8 | Continuances
Agreed extensions of motion submission dates require notice by letter/email and a proposed order accounting for other deadlines.
Advise by letter or email of any agreed extension of the submission date. Provide a proposed order for any agreed extension must account for other deadlines set by the Court.
Page 14 | 15. MOTION PRACTICE AND HEARINGS f. Submission Date and Briefing Deadlines in Civil Cases
Continuance of firm trial dates is disfavored absent exigent circumstances, and parties should establish good cause in any motion seeking continuance. A trial setting in another court is not considered good cause unless lead or other primary counsel has commenced trial. Continuance of a trial setting is unlikely in civil cases due to witness unavailability. Anticipate testimony by stipulation or by oral or written deposition under Rules 27, 30, and 31.
Continuance of firm trial dates is disfavored absent exigent circumstances, and parties should establish good cause in any motion seeking continuance. A trial setting in another court is not considered good cause unless lead or other primary counsel has commenced trial. Continuance of a trial setting is unlikely in civil cases due to witness unavailability. Anticipate testimony by stipulation or by oral or written deposition under Rules 27, 30, and 31.
Page 17 | Continuances
Motions for extension of discovery must be filed sufficiently in advance to allow opposing counsel to respond before the deadline.
Motions for extension of discovery must be filed far enough in advance of the deadline to enable opposing counsel to respond before the deadline.
Page 5 | 6. Pre-Motion Conferences Required for Discovery and Other Pretrial Disputes
Continuances based on failure to complete discovery are disfavored, with potential sanctions for discovery failures.
g. Discovery Continuances Disfavored: Continuances due to failure to complete discovery are disfavored. Rather than grounds for continuance, discovery failures may result in the striking of evidence, dismissal of claims, or the striking of defenses.
Page 10 | Initial Disclosures and Commencement of Discovery in Civil Cases
Word limits are rarely extended. Anticipate and seek resolution of any motion for extension well in advance of the filing deadlines.
Word limits are rarely extended. Anticipate and seek resolution of any motion for extension well in advance of the filing deadlines.
Page 15 | Motion Practice and Hearings
Parties may extend discovery deadlines by agreement without court approval if the extension does not impact the Scheduling Order or other court-set deadlines.
Parties may agree to extension of discovery deadlines without seeking approval when the extension does not affect the Scheduling Order or other deadlines set by the Court.
Page 8 | Continuances
The Court will accommodate vacation and family-related continuance requests if made well in advance of the hearing or trial.
The Court respects and seeks to accommodate vacation and family requests if made well in advance of a hearing or trial setting.
Page 8 | Continuances
Chambers Communication Rules
Direct inquiries regarding any case assigned to Judge Ganjei to: Case Manager to Judge Nicholas J. Ganjei 515 Rusk Street, Room 9718 Houston, Texas 77002 (713) 250-5656 Email: CM_DJGanjei@txs.uscourts.gov
Direct inquiries regarding any case assigned to Judge Ganjei to: Case Manager to Judge Nicholas J. Ganjei 515 Rusk Street, Room 9718 Houston, Texas 77002 (713) 250-5656 Email: CM_DJGanjei@txs.uscourts.gov
Page 1 | Court Procedures
Make all related communications through the Case Manager via telephone or email.
Make all related communications through the Case Manager via telephone or email.
Page 4 | Emergencies
All informal communications to the Court must go through the Case Manager, using specified methods based on the purpose of the communication.
Direct all informal communications to the Court through the Case Manager. Unless stated otherwise below, use the following: • Letters to initiate discovery and scheduling disputes under Section 13; • Letters or email for other minor procedural questions; and • Email or telephone for matters requiring prompt attention.
Page 5 | INFORMAL COMMUNICATION WITH THE COURT
Letters or emails sent to the Court must copy all parties using the same delivery method; such letters/emails must not be filed on the CM/ECF system.
Prior to or with delivery of any letter or email to the Court, use the same means to provide a copy to all other parties. Do not file copies of letters or email on the CM/ECF system. The Court dockets or directs filing as determined advisable.
Page 5 | INFORMAL COMMUNICATION WITH THE COURT
Counsel may not initiate contact with Law Clerks except to return a message, and may only discuss the specific subject of the Law Clerk’s inquiry.
A Law Clerk may contact counsel with a specific inquiry at the Court’s direction. Do not initiate contact with the Law Clerks unless returning a message. Do not discuss matters beyond the indicated subject.
Page 5 | INFORMAL COMMUNICATION WITH THE COURT
Parties must immediately email chambers upon resolving a pending motion before ruling.
Immediately advise by email of resolution of a pending motion prior to the Court’s ruling. The Court will then deny the motion as moot.
Page 14 | 15. MOTION PRACTICE AND HEARINGS j. Resolution by Agreement
Courtroom access outside normal hours must be arranged in advance via email with the Case Manager.
Arrange in advance by email with the Case Manager for any necessary access before or after normal hours.
Page 26 | Courtroom Procedures and Conduct
The foregoing letters should be sent by email to the Court’s case manager at CM_DJGanjei@txs.uscourts.gov.
The foregoing letters should be sent by email to the Court’s case manager at CM_DJGanjei@txs.uscourts.gov.
Civil cases
Page 7 | Discovery and Scheduling Motion Procedures
The foregoing letters should be sent by email to the Court’s case manager at CM_DJGanjei@txs.uscourts.gov.
The foregoing letters should be sent by email to the Court’s case manager at CM_DJGanjei@txs.uscourts.gov.
Page 5 | 6. Pre-Motion Conferences Required for Discovery and Other Pretrial Disputes
Promptly advise by email of need for decision on an expedited basis or date certain. Provide reasons justifying prompt attention.
Promptly advise by email of need for decision on an expedited basis or date certain. Provide reasons justifying prompt attention.
Page 14 | 15. MOTION PRACTICE AND HEARINGS f. Submission Date and Briefing Deadlines in Civil Cases
Status Inquiries: Seek answers when possible from the District Court’s website. Review information on the status of documents, entry of orders, and docket entries on the CM/ECF system prior to contacting the Court. Direct filing questions to the Office of the Clerk.
Status Inquiries: Seek answers when possible from the District Court’s website. Review information on the status of documents, entry of orders, and docket entries on the CM/ECF system prior to contacting the Court. Direct filing questions to the Office of the Clerk.
Page 5 | INFORMAL COMMUNICATION WITH THE COURT
Counsel may jointly or individually advise the Court by email of any request for oral argument together with circumstances to justify the request. Counsel are advised not to assume that oral argument will be granted and should thus strive for sufficiency, clarity, and accuracy in their written submissions.
Counsel may jointly or individually advise the Court by email of any request for oral argument together with circumstances to justify the request. Counsel are advised not to assume that oral argument will be granted and should thus strive for sufficiency, clarity, and accuracy in their written submissions.
Page 14 | 15. MOTION PRACTICE AND HEARINGS i. Oral Argument