U.S. District Court - Northern District of Texas

Judges - Senior Judge Jerry Buchmeyer

Requirements for Senior District Judge Jerry Buchmeyer

I. Case Management Procedures

Preliminary Pretrial Conference ("Rule 16 Conference")
Judge Buchmeyer does not conduct preliminary pretrial conferences.
Fed. R. Civ. P. 26(f) Conference
Fed. R. Civ. P. 26(f) conferences are not required.
Scheduling Order/Status Report
1. Judge Buchmeyer's Scheduling Order: Once an answer is filed, a scheduling order is issued. Depending upon the type of case, the scheduling order will be either
  1. an accelerated scheduling order setting simple cases for trial in about 6 months,
  2. a standard scheduling order setting trials in about 12 months, or
  3. a complex case scheduling order setting trials in about 18 - 24 months. These scheduling orders modify some of the deadlines set in the federal rules and in the local Northern District rules.
    The first page of each scheduling order contains a very clever (and helpful) chart which outlines the critical deadlines for the case, from the joint status report through the final pretrial conference and trial dates. The rest of the scheduling order tells you almost everything you need to know, but were afraid (or forgot) to ask, about practicing in Judge Buchmeyer's court.
2. Status Report: The joint status report should be filed 60 days after the date of the scheduling order.
Referrals to Magistrate Judges

Automatic Referral of Pleading and Discovery Disputes and Non-Dispositive Motions: Judge Buchmeyer's scheduling order automatically refers all pleading and discovery disputes and all other non-dispositive motions to the magistrate judge assigned to the case - - EXCEPT (i) motions for continuance of trial or pretrial dates, (ii) motions in limine and other trial motions, and (iii) motions that are specifically related to dispositive motions (e.g., extensions of time regarding these motions).
Settlement Discussions

The joint status report must discuss the prospects for settlement, including whether or not settlement might be facilitated by mediation. Mediation is favored, of course, and the judge orders it either at the request of the attorneys or sua sponte on a case-by-case basis.
Pretrial Order
1. The joint pretrial order must be filed at least 14 days before the date set in the scheduling order for the final pretrial conference. The pretrial order must cover each matter listed in Local Civil Rule 16.4; it must be signed by at least one counsel of record for each party (or by persons appearing pro se); and, it must also state whether or not the parties will agree to try the case before the assigned magistrate judge if the case is not reached during Judge Buchmeyer's month-long trial docket. With the joint pretrial order, the parties are also required to file separate lists of witnesses and exhibits, requested voir dire questions, and proposed jury instructions or proposed findings of fact and conclusions of law. Jury charges should be based upon the Fifth Circuit Pattern Jury Instructions.
2. The witness list must state the name and address of each witness under separate sections for "probable witness," "possible witness," "expert witness" and "record custodians." The list must also provide a very brief summary of the testimony to be given by each witness.
3. Copies of the witness and exhibit lists should be furnished to Judge Buchmeyer's court reporter before trial.
4. Trial briefs may be filed with the pretrial order, but they are not required unless directed by the judge.
Final Pretrial Conference

Judge Buchmeyer's month-long docket - - which includes both criminal and civil cases - - begins on the first Monday of each month. The final pretrial conferences re held on the preceding Friday. The specific trial date for each case will usually be set at this pretrial conference. Telephone calls made before then about possible trial dates will usually be a waste of time for you and the court staff.
Judge Buchmeyer has adopted the Standing Order Designating Case for Enrollment in the Electronic Case Files "ECF" System as entered in each of his cases. Judge Buchmeyer requires judge's copies of all dispositive motions, responses, replies, and appendices thereto. Current Standing Order

II. Motion Practice

Proposed Order Required for ALL Motion Submissions: All motions, whether opposed or unopposed, must be accompanied by a proposed order. A proposed order must be set forth on a separate document. Pursuant to Local Rule 7.1(c), an unopposed motion must be accompanied by an agreed proposed order, signed by the attorneys or parties.
Requirements for Specific Motions
1. Joint Submission Of Dispositive Motions : Contested motions that may dispose of all or part of the claims or defenses in the case - - e.g., motions for summary judgment, motions to dismiss, motions to remand, and motions for transfer or change of venue - - must be filed as a JOINT MOTION SUBMISSION. This "joint motion submission" procedure is really quite simple; as explained in the scheduling order, it requires the filing of the dispositive motion, the opponent's response, the movant's reply, and all related papers at the same time, and in a single bound package with a cover sheet entitled "JOINT MOTION SUBMISSION," which lists each document contained in the Joint Motion Submission (as shown in Exh. B which is adroitly attached to each scheduling order).
2. Page Limits for Dispositive Motions: The movant's brief and the opponent's response MAY NOT exceed 40 pages, and the movant's reply brief MAY NOT exceed 20 pages. These page limits MAY NOT be extended by agreement of counsel.
3. Motions to Dismiss: A motion to dismiss MAY NOT be combined with a summary judgment motion. Because this is one of Judge Buchmeyer's pet peeves, the scheduling order automatically denies any motion to dismiss contained in a so-called "Motion to Dismiss, or in the Alternative, Motion for Summary Judgment."
4. Motions for Continuance: A motion for continuance of a trial setting must be signed by the moving party as well as by the attorney for that party. See Local Rule 40.1. (1)
5. Motions for More Definite Statement: Except for motions filed under Rule 9(b), Fed. R. Civ. P - - i.e., motions complaining of failure to plead fraud or mistake with particularity - - a motion for more definite statement may only be filed where the information sought cannot be obtained by discovery. See Local Rule 12.1.
6. Motions For Reconsideration: Motions for Reconsideration should not be filed unless they are limited to matters not previously raised by the motions and briefs. They MAY NOT exceed 15 pages. Responses to motions for reconsideration are not required (or even welcome) unless specifically requested by the judge

Motion Hearings
Judge Buchmeyer holds hearings on motions on a case-by-case basis. Motions to remand, motions to dismiss, and relatively simple motions for summary judgment are the types of motions which the judge considers suitable for oral argument. Typically, an oral decision on the motion will be rendered after the conclusion of the arguments.
Special Dondi (2) Procedures
1. Judge Buchmeyer ABHORS (3) pleading and discovery disputes because they waste the clients' money and the court's time. Accordingly, each scheduling order warns:
  1. "Attorneys have the duty to agree to extensions of time, to amendment of pleadings, and to any other requested accommodation requested by opposing counsel that will 'delay neither the disposition of a pending matter nor the trial of the case.' Dondi, 121 F.R.D. at 288 n.11."
  2. "Attorneys have the sole authority to agree to these extensions and accommodations because Dondi makes it clear that clients have "no right to demand that counsel use the opposite party or indulge in offensive conduct," such as refusing to agree to extensions of time, to amendment of pleadings, etc. Dondi, 121 F.R.D. at 288, ¶ (F)." (4)
  3. A SUMMARY OF THE DONDI OPINION IS ATTACHED TO EACH SCHEDULING ORDER ISSUED BY JUDGE BUCHMEYER. IF YOU HAVE NEVER READ DONDI, THEN YOU ARE WELL-ADVISED TO STUDY THIS ONE-PAGE SUMMARY.
2. The scheduling order also requires the attorneys to file separate in camera reports concerning the attorneys' fees and expenses incurred in each pleading and discovery dispute. This enables the judge and the magistrate judge to identify cases in which sanctions may be warranted. (5)
3. To avoid unnecessary expense to the parties, Judge Buchmeyer does not require motions and orders for agreed extensions of time; the attorneys may agree to extend any deadline in the scheduling order - except for trial and pretrial dates and the deadline for Joint Motion Submissions - and simply notify the Court by letter of the agreed extensions.

III. Discovery

Fed. R. Civ. P. 26(a)
1. Designation of expert witness by the plaintiff must be filed at least 90 days from the date the scheduling order is entered. Defendants and other parties must designate their expert witnesses within 120 days from the date of the scheduling order.
2. Pretrial disclosures under Rule 26(a)(3) are to be made at least 120 days before the final pretrial conference.
3. Completion of Discovery: All discovery, including that of expert witnesses, must be completed - - not merely initiated - - within 180 days from the date the scheduling order is issued (unless the attorneys agree to extensions that will delay neither the trial or pretrial dates).
Filing Discovery Material
Discovery material is not to be filed, unless required either by Local Civil Rules (i) 5.2(c) (i.e., those portions of discovery material that relate to a discovery dispute), or (ii) 5.2(d) (those portions of discovery material that are necessary for consideration of dispositive motions).
Discovery Disputes
"If there is a hell to which disputatious, uncivil, vituperative lawyers go, let it be one in which the damned are eternally locked in discovery disputes with other lawyers of equally repugnant attributes." (6)

IV. Trial Procedures

Marking and Exchanging Exhibits

At least 14 days before the final pretrial conference, the parties are to mark, exchange and file trial exhibits, as required by Local Civil Rule 26.2. Parties should use their own exhibit stickers.
Voir Dire

In most cases, Judge Buchmeyer conducts the voir dire, but will use the questions requested in advance by the attorneys. However, if the case involves unusual or sensitive matters - - such as excessive publicity - - the judge (i) may allow questions by the attorneys addressing those matters, and (ii) may use his own juror questionnaire, not one submitted by the attorneys.
Proposed Jury Instructions/Findings of Fact and Conclusions of Law

Requested jury instructions or proposed findings of fact and conclusions of law must be filed with the joint pretrial order (at least 14 days before the final pretrial conference).
Courtroom Decorum

Attorneys must use the lectern for questioning. They are to stand while making objections or addressing the Court. Requests to "approach the witness" need to be made only once with respect to each witness.
Electronic Equipment in the Courtroom

The use of electronic or other special equipment should be discussed with the judge at the final pretrial conference.
Other

Judge Buchmeyer feels strongly that criticism of judges need not be trite and/or hackneyed (such as "the judge is stupid," or "that ruling was asinine"). He expects criticisms that are creative and imaginative, like these:
...If a little knowledge is a dangerous thing, then Judge is living life on the edge.
...I don't think they could really put Judge in a mental institution. But if he were already in, I don't think they'd let him out.
...During trial, Judge did the work of three men: Moe .... Larry .... and Curly.

V. Miscellaneous Procedures

Courtesy Copy of Pleading

If emergency action is required, copies of the pleadings should be delivered to the judge's chambers. Otherwise, Judge Buchmeyer does not want copies - - "courteous" or otherwise.
Telephone Calls to Chambers
1. Procedural Information - Attorneys who have procedural questions that are not answered by the judges scheduling order - - or by the federal rules or the local rules - - should contact the LAW CLERK assigned to the case, whose name and direct telephone number are adroitly listed in the last paragraph of the scheduling order.
2. Scheduling Information - Attorneys should direct all questions regarding scheduling to DEBBIE BISHOP, Judge Buchmeyer's Talented and Gifted secretary (7). Her direct telephone number is 214-753-2296.
3. Status of Motions/Proposed Orders - The Magistrate Judge assigned to the case should be contacted for any questions regarding pleading and discovery disputes or other non-dispositive motions. Otherwise, attorneys may contact either the LAW CLERK assigned to the case or DEBBIE BISHOP.
Faxed Document - Faxed documents will be accepted, but originals must be filed with the District Clerk.

VI. Law Clerk/Extern Positions

Job Requirements (Law Clerks)

Applicants must receive JD degrees prior to commencement of clerkship, but need not have taken the bar exam. Strong writing skills, activity diversity, and sense of humor are also required.
Application Procedures (Law Clerks)

Applicants must be at least in their second year of law school.
1. Judge Buchmeyer adheres to the Law Clerk Hiring Plan recommended by the Ad Hoc Committee on Law Clerk Hiring. As such, applicants must be at least in their third year of law school and may submit law clerk applications beginning the Tuesday following Labor Day. The Law Clerk Hiring Plan can be accessed on-line at: http://www.cadc.uscourts.gov/bin/Lawclerk/lawclerk.asp.
2. Applicants should submit an application package containing the following: cover letter, resume, writing sample, law school transcript, and two to three letters of recommendation.
Unpaid Externships

Unpaid externships are available throughout the year. Law students interested in applying should contact one of the Law Clerks for additional information.

Footnotes:

Although certainly not required, a motion for continuance may be accompanied by contributions to Judge Buchmeyer's et cetera humor column in the Texas Bar Journal. The judge has never denied a motion for continuance filed in this manner.
Dondi Properties Corp. v. Commerce Sav. & Loan, 121 F.R.D. 284 (N.D. Tex. 1988) (en banc).
"To regard with utter contempt and disdain." See Roget's Thesaurus (any edition).
U.S. District Judge Wayne E. Alley (W.D. Oklahoma) loathes lawyer bickering, too. In 4810 Partnership v. National Properties (CIV-91-1196-A), he lamented:
"...[C]onsistent with prior pleadings in the case, [the plaintiff's latest filing] contains mutterings about bad faith and personal disputes between counsel. I suppose counsel have a penumbra constitutional right to regard each other as schmucks, but I know of no principle that justifies litigation pollution on account of their personal opinions. This case makes me lament the demise of dueling."
Judge Buchmeyer, on rare occasions, has been tempted to impose some of the sanctions catalogued in U.S. v. Barnett, 376 U.S. 681(1963) in the Appendix To Opinion Of The Court, 376 U.S. at 701 - 723, such as these reported in the Massachusetts Bay Colony:
"In 1640, George Hurne was ordered committed (in irons) and whipped for insolent and contemptuous carriage in court."
"In 1632, Thomas Dexter was ordered set in the bilboes (device used for punishment at sea, similar to stocks on land), disfranchised and fined 40 pounds for speaking reproachfully ... and for finding fault with various acts of the Court."
"In 1772, the Superior Court of Judicature ordered a party committed for an unspecified period for savagely snatching papers from his opponent's hand."
"In 1675, Maurice Brett 'for his Contemptuous Carriage Confronting the sentence of this Court' was sentenced to stand for an hour with his ear nailed to a pillory. At the end of the hour, the ear was to be cut off and he was to pay 20 shillings or be given 10 lashes."
(376 U.S. at pp. 709,711-12).
This, of course, is Judge Wayne E. Alley (W.D. Oklahoma) again, from his order in Kruger v. Pelican Corp. (CIV-87-2385-A).
The judge doesn't know I made a slight, but truthful, addition to this sentence.

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