Management Procedures |
Procedures | Misc Procedures
|Requirements for District Judge Ed Kinkeade
I. Case Management Procedures
- Preliminary Pretrial Conference ("Rule 16 Conference")
Judge Kinkeade does not conduct preliminary
- Fed. R. Civ. P 26(f) Conference
Parties must comply with Federal Rule of Civil Procedure 26(f). Attorneys may confer either in person or by telephone.
- Status Report/Scheduling Order
Once an answer has been filed, Judge Kinkeade issues an order requiring counsel for each party to file a joint status report. On receipt of the joint status report, Judge Kinkeade will issue a scheduling order setting deadlines, which may modify those in the Federal Rules of Civil Procedure and the local rules. The parties may agree on a trial date and submit the proposed date in their joint status report. Judge Kinkeade will accommodate the parties’ requested trial date as much as possible. Once the trial date has been set, however, it will not be changed absent extraordinary circumstances, even if all parties agree to the continuance.
- Referrals to Magistrate Judges
Judge Kinkeade does not routinely refer motions to the Magistrate Judges.
- Settlement Discussion
Judge Kinkeade favors mediation, especially at the early stages of the case, and encourages counsel to engage in good faith settlement discussions throughout the case. The joint status report must include a discussion of the present status of settlement negotiations and the prospects for settlement, and must contain more than a recitation that settlement discussions have been unsuccessful.
Judge Kinkeade orders mediation in the scheduling order for every case, and normally in the early stages of the case. Parties are given time to agree on a mediator. If the parties cannot agree by the deadline, the Court will appoint a mediator. Should a case settle at a time other than during a scheduled mediation, counsel for the parties are responsible for notifying the Court as soon as possible.
- Pretrial Order
In addition to the requirements of Local Civil Rule 16.4, parties must also include the estimated length of trial, whether the case is jury or non-jury trial, a list of witnesses, and the estimated time each witness will testify. Judge Kinkeade requires parties to submit a pretrial order no later than fourteen (14) days before trial or the deadline set forth in the scheduling order of the case.
- Final Pretrial Conference
As a general rule, Judge Kinkeade does not conduct pretrial conferences. However, he will hold a pretrial conference, either in person or by telephone, if the parties request it and he deems it advisable.
- Judge's Copy of Documents Filed by Electronic Means
In civil cases, Judge Kinkeade requires parties to provide copies of all dispositive motions, responses, replies and appendices thereto, and any filing totaling more than 25 pages in length. These copies must be delivered to the Clerk’s office within three (3) business days of the filing date. Failure to comply with this requirement may result in the party’s document being unfiled by the Court. Furthermore, all hard copies must be properly bound either by sufficiently affixed staple, ACCO fastener, spiral binding, or, for a voluminous document, a 3-ring binder. Appendices and other documents fastened by paper clips, binder clips, rubber bands, or any other means are unacceptable. Exhibits must be tabbed, and the exhibits must be in portrait format, not landscape format.
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II. Motion Practice
- Requirements for Specific Motions
Do not call the judge's staff to inquire about the status of any motion or proposed order in a specific case. Judge Kinkeade’s staff may not, and will not, answer any questions related to the status of a pending motion.
- Summary Judgment
Although the parties may propose a deadline in their joint report to the Court, Judge Kinkeade will set the time for filing a motion for summary judgment in the scheduling order. This deadline will likely be at least 120 days before the trial setting, but no less than 90 days.
In civil cases, Judge Kinkeade rarely grants continuances. Any request that a trial date be modified must be made in writing to Judge Kinkeade and the moving party along with that party’s counsel must sign the motion for continuance, as required by Local Rule 40.1. Continuances will not be granted absent extraordinary circumstances.
- In Limine
A motion in limine must be confined to case-specific matters actually in dispute. A motion in limine must be filed at least fourteen (14) days prior to the trial date or by the deadline set forth in the scheduling order of the case, and counsel must confer on the items in dispute. The parties must advise the Court, in writing, at least 24 hours before the trial date of limine items still in dispute.
- Extention of Time
Any party seeking an extension related to a motion or responsive briefing must provide the Court with a reason for the requested extension of time. Agreed or unopposed requests for extensions of time will not automatically be granted.
Parties should refer to either the scheduling order in the case or the local rules for determining deadlines for filing other motions.
Parties may file a written request for oral argument on any motion. Judge Kinkeade does not routinely conduct hearings on motions; however, he will address this on a case by case basis.
- Federal Rule of Civil Procedure 26(a)
Judge Kinkeade requires compliance with the initial disclosure requirements of Federal Rule of Civil Procedure 26(a), but parties should refer to the scheduling order in their case for modification of compliance deadlines.
- Filing Discovery Material
Parties are to follow Federal Rule of Civil Procedure 5(d) and Local Civil Rule 5.2
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IV. Trial Procedures
- Marking and Exchanging Exhibits
Parties must comply with the requirements of Local Civil Rule 26.2 either fourteen (14) days before trial or by the deadline set out in the scheduling order of the case. All exhibits must be in portrait, not landscape, format.
- Voir Dire
Judge Kinkeade conducts the principal voir dire, and may allow questioning by attorneys. To have their questions considered, attorneys must submit any written voir dire questions seven (7) days in advance of the trial date or by the deadline set out in the scheduling order of the case.
- Proposed Jury Instruction/Findings of Fact and
Conclusions of Law
Proposed jury instructions or findings of facts and conclusions of law must cite all supporting authorities. In addition to electronically filing their proposed jury instructions or findings of facts and conclusions of law as required by the scheduling order, parties must email a copy of said documents in either WordPerfect or Word format to Kinkeade_Orders@txnd.uscourts.gov. Parties must also provide the Court with a hard (paper) copy of any proposed jury instructions or findings of facts and conclusions of law within two (2) days of filing said documents.
- Courtroom Decorum
Refer to local civil rule 83.4.
- Electronic Equipment in the Courtroom
Judge Kinkeade permits the use of certain electronic equipment in the courtroom. Parties should contact Judge Kinkeade’s Courtroom Deputy Ronnie Jacobson, at (214)753-2166, to discuss approved devices.
V. Miscellaneous Procedures
- Judge's Copy of Pleadings
Judge Kinkeade only accepts courtesy copies of pleadings as required by the Standing Order Regarding Electronically Filed Documents, unless requested by chambers.
- Telephone Calls to Chambers
Judge Kinkeade allows attorneys to talk with his law clerks, judicial assistant, and courtroom deputy regarding procedural matters. Do not call Judge Kinkeade’s staff to inquire about substantive aspects of a specific case or the status of a pending motion.
Should the need arise, attorneys may request to speak with Judge Kinkeade, but only when at least one (1) attorney from each side is either present or on the phone. Judge Kinkeade will then determine whether a discussion is warranted.
- Contact Information:
|Law Clerk for even cases:
|Law Clerk for odd cases:
- Attorney Contact Information
Upon making an appearance in a case, Judge Kinkeade requires every attorney (not just lead attorneys) to provide their cell phone numbers where they can be reached at any time. This information is to be filed “Under Seal” entitled “Attorney Contact Information” with the Court within 24 hours of making an appearance.
- Faxed Document
Judge Kinkeade does not accept faxed documents unless instructed to do so by chambers.
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