Judge Albright Announces Changes to His Order Governing Proceedings

Judge Albright announced his latest changes to his Order Governing Proceedings (OGP), which are now published on the Western District of Texas website here.

Here are the highlights:

• JURISDICTIONAL MOTIONS: The court now requires the parties to file a notice of jurisdictional discovery if the discovery will delay a response to a jurisdictional motion.
• EXTENSIONS TO ANSWERS: While the court is generally willing to extend the response to a complaint up to 45 days if agreed by the parties, extensions beyond 45 days now require a motion.
• HEARINGS: The court no longer requires physical copies of Markman briefs, summary judgment motions, and Daubert The parties instead are directed to contact the clerk at least 10 days before the hearing for a Box link to upload electronic copies of the briefs. Absent an agreement to the contrary, the plaintiff is responsible for providing the electronic copies to the court.
• DOCUMENT FORMATTING: Pleadings must be 12-point font or larger (including footnotes), double-spaced, and on 8½” x 11” paper with one-inch margins. Single spacing is allowed in headings, footnotes, and quotations more than two lines long.
• PAGE LIMITS: The court’s 10-page limit on “case management motions” applies to: motions to stay, motions for continuance, and motions to amend pleadings, contentions, or scheduling orders.
• MODEL SCHEDULE: The Model Schedule now includes a deadline at 47 weeks after Markman to file replies to motions in limine and a deadline at 48 weeks after Markman to meet and confer regarding remaining objections and disputes on motions in limine.