Document 0gy0JGwqgXVQZOBemBjN3vx3b

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXA GALVESTON DIVISION h^jSLU/ ChiMOC*/ G 8 4 " 1 9CIVIL ACTION NO. ~ This Court will enter its docket control rder within 120 days from the filing of the complaint. Rule 16(b) , Fed.R.Civ.P., amended 8-1-83, and Rule 6A, Local Rules, South ern District of Texas. Plaintiff's counsel is ORDERED to serve a qoply of this Order and its attachments on all defendants with the summons and complaint and is further ORDERED to confer With defendants' counsel or defendants acting pro se immediat el / on their ap-- pearance regarding the deadlines and trial t^ rrrt set out in the docket control order. Counsel for all parties and/or parties Ac ing pro se are ORDERED to confer until agreement is reached, he docket control order must be signed by all parties and return^ d Sc^EFTer'fclerk of Court within 90 days of filing of the complaint In the event the case is so unusual and c <pmplex that the attached original docket control order cannot be complied with and additional time for trial preparation is we rranted, plain- tiff's counsel will prepare a revised docket coh tr ol order signed by all parties indicating their agreement. The roposed revised docket control order must include a concise fact, Uc 1 statement are* to why counsel feel that the Court's original ^ct edule cannot be UCC 076540 met and why the revised order better suits th i needs of the particular case and the ability o the parties to meet each and every deadline proposed and the revised agreed order must be returned to the Clerk of the Court within 90 da[ys of the filing of the complaint. The attached docket control order will \co ntrol the dis position of this case unless counsel submit a n agreed revised docket control order which the Court approve s and enters. No continuances will be granted absent unusual or extraordinary circumstances once a docket control order is enter ed. Proof of service of process will be filed jfr onptly with the Clerk. Rule 5(g), Fed.R.Civ.P. Parties not se rved within 120 days of the filing of the complaint will be \di smissed. Rule 4(j), Fed.R.Civ.P. Further, you are admonished that this Court will impose sanctions available under Rule i 16 and 26, Fed.R.Civ.P. where warranted. NOTICE: Failure of plaintiff's counsel t^o serve copies of this Order together with the attachments wi result in the imposition of sanctions including contempt. UCC 076541 THE HONORABLE HUGH IBSON UNITED STATES COURT OUSE 611 Postoffice Buil ing Sixth Floor Galveston, Texas 77550 Glenda J. Elms, Cou troom Deputy cierk (409) 766-3533 PROCEDURES Contact with the Judge/Law Clerk/Courtroom Depu ty Clerk . . * Emergency Matters . ............................................................................. 2 3 pocket Control order , . ...................................................... * 4 Motion Practice ......................................................................................... 5 Appearances at Settings , * . ........................., . . 6 Docket Call ..................................................................................................... 7 Courtroom Procedure ............................................ (Exhibits, Depositions, Jury Trial, Etc.) 8 -1- UCC 076542 CONTACT WITH JUDGE, COURTROOM DEPUTY CLERK, LAW CIERK: 1. Counsel shall strictly abide by Local Ru Le 4 regarding communication with the Court. 2. All correspondence regarding pending case:? n ust be directed to the U* S. District Clerk's Office. Do not aAdi ess substantive issues of law in letter form to the Court siind e they are not docketed and made a part of the appellate re cc rd. Copies of urgent letters or briefs may be sent to Chambers 3. Counsel shall refrain from contacting the Court's Law Clerks regarding cases or procedures. 4. With over 800-civil cases on this Court's docket, it is impossible to respond to casual telephone incui ries regarding trial settings, motions or other matters. ] nc uiries of this nature should be addressed by letter to the Cc urtroom Deputy Clerk or a motion tn -hp Court..- Because of ti me constraints, court personnel will be unable to answer quest ions regarding information that may be obtained by reading ih docket control order, the Local Rules or the Federal Rules. 5. All correspondence regarding cases pend xn g- be fore Judge Gibson should be directed to: U. S. District Clerk 611 Post Office Building Galveston, TX 77550 6. While the Court is in session, the Courtroc m Deputy Clerk will be available to make telephone calls.only b< tween the hours of 8:30 and 9:00 a.m. and 4:30 and 5:00 p.ra. Monday through Friday. 2- - UCC 076543 EMERGENCY MATTERS: 1. Counsel may make emergency contact with tl^e Courtroom Deputy Clerk requiring immediate action by the Court by contacting the U. S. District Clerk's Office, 611 post io tifice Building, Galveston, Texas, (409) 766-3530. 2. In accordance with Local Rule 4, appl i ations for re straining orders or other applications for imme di ate relief shall be made through the office of the Clerk. T ie Court will not entertain ex parte presentations of such applic at Lons unless the prerequisites of Rule 65(b) Fed.R.Civ.P. are me t. -3- UCC 076544 DOCKET CONTROL ORDER 1. Trial settings and discovery cut off dates v(ill be assigned by the entry of a docket control order. 2. The docket control order will provide c e a dl ine following: for the .1 . joinder of new parties 2 filing of motions for leave to amend 3 . filing of dispositive motions 4 . designation of experts .5. completion of discovery 6 filing of pretrial order (see Appendix D- 1 Local Rules) 7. date and time for docket call 3. Counsel will comply with the docket con trol order unless relieved from its terms by Order following motion. 4. Counsel may request a settlement conference any time during the pendency of the case by contacting the Courtrc om Deputy Clerk by letter. -! A -4- UCC 076545 MOTION PRACTICE 1. Judge Gibson follows the written motion prajctfcce as outlined in Local Rule 14. 2. UNOPPOSED MOTIONS shall contain a statement tiat all counsel concur and shall be submitted with a proposed order. 3. OPPOSED MOTIONS will be placed on the Court's written motion docket pursuant to Local Rule 14. 4. The SUBMISSION DATE of any motion may, b i extended by agreement of counsel EXCEPT when such extension! v .olates a Court imposed deadline or when the motion is set for conference or hearing. Counsel shall notify the Courtroom Deputy Clefrk by letter as to an agreement to extend the submission date. The Court will consider a motion fully riefed on the submission date and may disregard any material UIL timely filed, Counsel must file any supporting material o n or before the submission date. 5. MOTION CONFERENCES may be set by the Cone: on contested motions at which time counsel may expect a rul in<| by the Court, Motion conferences will be held in chambers and will not require presentation of testimony. Motion conferences will be set at the Colui^ s discretion, Counsel will receive a written notice of the dat[e~ ind time of the setting by the Clerk. The setting will go for|wa :d at that time and will not be rescheduled at the request of colun ; el. MOTIONS FOR DEFAULT shall be filed in acco cd* nee with Local Rule 13 B and Rtfle 55(b)(2) FedrUTTCiv.p. Th s Court wilI*"hot accept the affidavit of counsel to support mo ^idn for default judgment, absent exceptional circumstances. 7. MOTION CUT-OFF DATE as imposed by docket boitrol order can be extended only by leave of Court. 8. Counsel must advise the Court at once if a resolved prior to the setting. matter set is -5- UCC 076546 APPEARANCES AT SETTINGS: 1 . The attorney designated as "in charge" ion the pleadings filed with the Clerk or an attorney familiar wjit h the case who has authority to make decisions binding on the pc rty represented must appear at all conferences, hearings and trial 2. Counsel will jeopardize their case by f ai lure to appear promptly for 'all settings. 3. Out-of-town counsel may appear for confer^ ndes by telephone conferences with prior arrangment through the Courtroom Deputy Clerk. -6- UCC 076547 DOCKET CALL 1 . The docket control order sets forth a dat4 a|nd time for the call of the docket. Cases will generally be ca u e 3 in numerical sequence and tried during the two-month per i od following the docket call* The Court may deviate from nume 1C al sequence to accomodate jury cases or the court's schedule, Cs ses not reached are carried over and called Cor trial as soo n as the Court * s docket permit's. 2. Personal appearance by counsel is requi irec at docket call unless arrangments are made for an announcement o "ready" by all counsel in the case* In cases where a motion :o continuance is pending, all counsel must appear unless otherwi ;ie notified by the Clerk. 3. Counsel shall refrain from contacting thte courtroom Deputy Clerk prior to the docket call regarding placerter t of a case on the docket. Counsel in the first two cases to be tried immediately following docket call will be notified n advance. 4. Counsel shall notify the Courtroom Deputy -Zla rk by letter of prior commitments, such as vacations and pief erential tFial settings in other Courts, during the two-month jpetiod -7- ucc 076548 COURTROOM PROCEDURE: 1. HOURS: Court will generally convene a adjourn at 5:00 p.m. The Court will allow c.n minutes for lunch and a fifteen-minute recess j[n the afternoon. 9:00 a.m. and lour and fifteen the morning and 2. PHONES ^ The Judge's staff will not take messages for counsel. A pay phone is available in t|he sixth floor stairwell. Please do not request, the use telephones in chambers. 3. FILING: Any instruments submitted for filing during the course of trial should be presented to the Cour ttoom Deputy Clerk in duplicate. (Original for filing; copy to the Court.) 4. DECORUM: Counsel will stand when adr< ssing or being addressed by the Judge. Witnesses will be questioned while couhs 1 are seated or standing at counsel table or at the podium. Counsel are responsible for summoning Wi messes into the courtroom. Counsel may approach the witness where a 5S< lutely necessary with permission of the Court. Counsel will address the Judge and will n>t direct arguments or remarks to each other in the hearing of the gury. Counsel are reminded that Local Rule 2 ^re^arding Courtroom Procedure will be strictly enforced. Counsel will strictly abide by Local Rlul 5 3 and the Free Press-Fair Trial Guidelines incorporated in i 5. EXHIBITS: All exhibi ts,Jmust be marked an 1 exchanged among counsel prior to trial. Exhibits must be marked with the case number, exhibit number, date of proceeding and n ime of the party offering exhibit. Exhibit Labels are avai"llab .e in the Clerk's office. Each party shall submit an exhibit li s t to the Courtroom Deputy Clerk with copies to all counsel. All exhibits to which admissiblity has 1 ee i agreed upon may be offered as the first order of business at trial. Counsel will submit exhibits to opposing of offer. Dunsel in advance -8- UCC 076549 Exhibits of unmanageable size {such as charts, diagrams, posters, etc.D) will be withdrawn immediately u po i the completion of trial pursuant to Local Rule 13 A unless ot he rwise ordered by the Judge. Exhibits will be offered and admitted befor * the witness is questioned unless otherwise instructed by the doubt. All exhibits will go to the jury at the end of trial. Unless otherwise permitted by the Judge, ico jnsel will not distribute exhibits to the jury during trial. 6. EQUIPMENT: available. An easel with writing pad ar screen are Counsel are responsible for providing ound and video equipment and must obtain prior permission thrc ug i the Courtroom Deputy Clerk in order to pass the security guai d. OBJECTIONS Objections must be made bj r ising, saying "I object" and g iving the grounds for the object i on Counsel will not make arguments while objecting in the prese nc e of the jury. When the Judge denies a motion or overrule s an objection, it will be presumed that counsel except. Couns fel will not state that they except in the presence of the jury. 8. USE OF DEPOSITIONS: In a trial to the Court, counsel may offer deposition testimony by offering the oric iral deposition as a trial exhibit or read the deposition into th record. If a deposition that is part of the Court s file is to be used by counsel during trial, they are to advis e the Courtroom Deputy Clerk so that it will be readily available If portions of the deposition are to be offered, counsel shall offer the original deposition and shall file with the Clerk a designation of excerpts. The designation sihall list by line and page number the excerpts to be offered. 10. JURY TRIAL: Counsel shall submit to the <todrt proposed voir dire and charge to the jury including speci al interrogatories with their PRETRIAL ORDER. The Judge will conduct the examination of prospective jurors. Counsel shall deliberations. remain readily avail able during jury -9- UCC 076550 IN THE UNITED STATES DISTRICT CC UR P FOR THE SOUTHERN DISTRICT OF TEXAF GALVESTON DIVISION CIVIL ACTION NO. 0-84-19 . DOCKET CONTROL ORDER The disposition of this case will be controlled by the following schedule of deadlines: DEADLINES December 7. 1984 NEW PARTIES will be joi Hed by this date. The party causing uch joinder will provide copies of thils docket control order with the attachments to the new parties. January 4, 1985 MOTIONS for leave to fi!.e AMENDED or SUPPLEMENTAL pleadings wi II be filed by this date. February 8, 1985 DISPOSITIVE MOTIONS (e.q motions for summary judgment, mot51 ons to dis- miss) will be filed by lihlFi date, NOTE; The court will not act upon any motions, dispositive r non-disposi- tive, which fail to comply with LOCAL RULE 14* Absent specif:.c order of the Court, discovery is mc t to be held in abeyance pending rul:.n<| of the Court on any motion. February 8, 1985 EXPERTS to be used will b designated in accordance with Rule 26 b), Fed.R.Civ.P. by this date. No addit oral experts will be permitted to testify ej cept for good cause shown. May 3, 1985 DISCOVERY should be comply ted by this date. Counsel may, by agreement continue discovery beyond the deadl ..nt s, but there will be no intervention by tli e Court, such as Rule 37 proceedings, wi i:h< ut a showing of extreme prejudice. No ur j al setting will be vacated because of iA f< rmation acquired in post-deadline discover} UCC 076551 July 12, 1985 SIGNED JOINT PRETRIAL ORD ER which conforms to the format set forth in Appendix D of the Local Rules, pi o posed voir dire, jury charge and interroc at ories or pro posed findings of fact c nd conclusions of law, and legal memore nd a citing issues to be tried are due by t hi s date. 7- August 19. 1985 DOCKET CALL will be held o n this date. Counsel should be prepaied for trial on 9 a.m. this date and thereaftex a re subject to call by the Clerk on short notice during AUGUST- SEPT.EMRFrq the two-month term. -ri_ H1UUGGH (GIBt: ^T United States Distri ct Judge AGREED TO: Counsel for Counsel for Counsel for Counsel for UCC 076552 rf~ a / ,? > *<***-W LXVT DEPARTMENT /-^*rrn ^*"- 1------ Pata Sheet Litigation (Judicial and Administrative) Title *: Action: LifTl i Nfnure V , il/Jtcto 0flei3tD- Ca&P- M a! Forum (Court or Agency) : Utirren <rrare^ Di'-W-.W Cox of AteiO -Jersey_________________________________ Docket Humber: Pb-H^D Date Filed i/zt2yDate Served: fMJ&* Unfavorable outcome is: possible: ^probable; >/y/iCDate Rec*d 3/rtj&fn remote: Nature of Action: -Alleged Cause of Action: PfnPfTTk ki<iKwf u>h/(f p a i id___al____^/rksrrfc, LCP.<, aulmUnyfrAtilVv frxypcjp^^Pnnl -Lm Vymmyy<l Ctruhrltrnjoned'^s fan)..___uQtulky>txli flniOgjilol <miTrhncL__inUtrh________________ had --L decedertik Oaus,nJ fcrlh m JuiUfi __ <d-__ flfl__ kLi__ Cn fWpnH<Ws insnlirt ian.Cs 4fl//ure--fc. ixJarn i preach cf UCanTuPy and PriC-h liabil^L ' carnages Claimed: -Other Relief Sought: Com fr> HScrfcry and Loss c-T Con<^4iurn puil/f-lig Outcome (include date and brief statement of terms): -Settled: Date: Terms: -Trial Verdict: Date: Terms: -Appealed: Yes: .____ No: -Appealed: Verdict Sustained: Reversed. Terms: -Further Appeal: Prior Appeal Decision Sustained: __ Date: 1 leversed: Insurance.Coverage: UCC Trail Counsel: ~I-irra: "PiJm-ey, -iJnrdt'n j ^<pp , nnr)___fy?uch -Partner in Charge: Pntw4 I- ilr.liirvjzhpnr) , PRIVILEGED AND dOb FIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" --addreaa: /k^, Alg . i'V I9% -**hone s Law Department Attorney in Charge: j? f. r?L$ M"nfris4f' tu& j tL\______srtko c., IU CC 076567