Eastern District of Texas Federal Court Practice

Judge Folsom expands exemption from courtesy copy requirement

Judge David Folsom of the Texarkana and Marshall Divisions of the Eastern District just entered this order raising the exemption from the courtesy copy requirement contained in Local Rule CV-5(a)(9)from five pages to ten.  So in Judge Folsom's court practitioners now only need to send a paper courtesy copy if the filing exceeds ten pages, including attachments.

Judges T. John Ward (Marshall) and Leonard Davis (Marshall, Tyler) have already entered orders exempting practitioners from the courtesy copies requirement entirely.

Download folsom_courtesy_copies_order.pdf 

No Adverse Employment Action Shown in Race Discrimination Case

Thompson v. Exxon Mobil Corp., --- F.Supp.2d ----, 2004 WL 2580678 (E.D.Tex. Oct 25, 2004) (NO. CIV.A.1:02-CV-693)
Judge: Crone
Division:Beaumont
Holding: Defendant's Motion for Summary Judgment GRANTED
COMMENTS:
Defendant sought summary judgment on the Plaintiffs' claims for racial discrimination and retaliation.  Judge Crone granted the motion, holding that under the disparate treatment standard, while the Plaintiffs had established the first two elements of a prima facie case, i.e., they are members of a protected class and they are qualified for the positions they hold, they had not established the third and fourth elements, i.e., that they suffered an adverse employment action or that others outside the class who are similarly situated were treated more favorably.
Practice Tip:  Judge Crone noted that while the Plaintiffs asserted several claims in their pleadings, they only addressed two  in their response to the summary judgment motion, even though the motion itself challenged all of the claims asserted. Consequently, the court deemed the Plaintiffs to have abandoned the remainder of their claims by failing to raise them in their responsive brief

Article: Perspectives on Electronic Filing in the Eastern District

In the current issue of the Jefferson County Young Lawyers Association's Concurring Opinions, Chief Judge Thad Heartfield offers some perspectives on the transition from typewriters to high-tech, including the District's recent adotion of electronic filing.

Download concurring_opinions_article.pdf

Change in Date for Bench/Bar Meetings

The annual meeting between the judges and the attorney members of the Eastern District Federal Bar Association, which traditionally occurs in the spring, has been moved to the fall to eliminate conflicts with the Fifth Circuit conference.  Next year’s bench/bar meeting is scheduled for Thursday and Friday, October 13-14, 2005 at the Moody Gardens Hotel in Galveston.

Committee on Standing Orders Created

On November 8, 2004, Chief Judge Heartfield entered General Order 04-25, which creates a bench/bar Committee on Standing Orders to review all standing orders and make recommendations to eliminate unnecessary detail, conflict, and duplication of the local rules and and the FRCPs, consistent with new Local Rule CV-83(c).  The committee is directed to be guided by the Local Rules Advisory Committee's Report to the Court on the Use of Judicial Standing Orders.  (Note: a copy of this report was appended to the end of General Order 04-24 - a link to the stand-alone report is provided below).

The new committee is chaired by Judge Leonard Davis, and members are district judges Leonard Davis, David Folsom and Ron Clark, magistrate judges Don Bush and Judith Guthrie, Clerk of Court David Maland, and attorney member Michael C. Smith.

Download 04-25.pdf

Download report_to_the_court_on_the_use_of_judicial_standing_orders.pdf

Refiling of ADA Claim w/EEOC Does Not Restart Limitations Period

Sparks v. Lowes Home Center, Inc., 341 F.Supp.2d 671 (E.D.Tex. Oct 21, 2004) (NO. 6:04-CV-40)
Judge: Davis
Division: Tyler
Holding: Defendant's Motion for Summary Judgment GRANTED
COMMENTS:
This is an Americans with Disabilities Act case brough by the plaintiff against her employer. The employer moved for summary judgment on limitations, claiming that the suit was not filed within the prescribed period after the plaintiff received her right to sue letter from the EEOC. Noting that a second right-to-sue letter is ineffective to extend the ninety-day limitations period unless it is issued pursuant to a reconsideration on the merits, Judge Davis granted the motion.

Local Rules Amended

On October 28, 2004, the local rules were amended via General Order 04-24. The order makes numerous changes to the rules, primarily directed at refining the e-filing procedures. The rule also establishes a procedure for review of standing orders. 

The clerk's office recently provided a summary of the rule changes, a link to which is provided below.

Download 04-24.pdf

Download 2004_rules_changes_summary.pdf