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Judge Howard C. Nielson, Jr.

Practices & Procedures

 

I.  Standing Orders for Civil and Criminal Cases

Civil Standing Order (pdf)

II. Proposed Orders:

In addition to attaching a copy of the order to the motion, a copy of all proposed orders must be directly e-mailed to chambers at the following address: utdecf_nielson@utd.uscourts.gov. Proposed orders e-mailed to chambers must be editable and submitted in either WordPerfect or Word format.  A Word template for proposed orders is available here.

For further information see CM/ECF Administrative Procedures II. G.

III. Dismissal with Leave to Amend
 
Where a plaintiff is represented by counsel and has not filed a written motion for leave to amend, and where the court grants a motion to dismiss all of the plaintiff’s claims under Federal Rule of Civil Procedure 12(b)(6), the court will generally dismiss the action with prejudice rather than dismiss with leave to amend unless the basis for the court’s ruling could not have reasonably been anticipated. 
 
If a party believes that a motion to dismiss might be well founded but that its claims can be amended to correct defects identified in the motion to dismiss, it would thus be well advised to amend its complaint under Federal Rule of Civil Procedure 15(a)(1) or, if amendment as of right is no longer available, to file a separate, written motion for leave to amend that complies with the court’s local rules before the court hears argument on the motion to dismiss.

 

Updated: 05/05/2021