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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

JONATHAN VILLAREAL, 

INDIVIDUALLY AND DERIVATIVELY 

ON BEHALF OF ZROBLACK, LLC;

 Plaintiff,

vs.

JOHN SAENZ, MIGUEL VILLARREAL, 

JR., GUNN, LEE & CAVE, P.C.,

 Defendants.

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5-20-CV-00571-OLG-RBF

STATUS CONFERENCE

Before the Court is the status of the above-referenced case, which was referred to me for 

disposition pursuant to Rules CV-72 and 1 of Appendix C of the Local Rules of the United 

States District Court for the Western District of Texas. See Dkt. No. 22. IT IS ORDERED that 

this case is set for a telephonic attorney status conference on October 14, 2020 at 10:00 A.M.

The following call-in information applies to this setting:

Toll free number: 877-402-9753

Access code: 8309798

Participant Security Code: 93075

The parties must call-in at least 5 minutes before the start of the hearing and check in with the 

Courtroom Deputy, Ms. Amy Jackson. The use of speaker phones is prohibited during a 

telephonic appearance. 

Counsel is advised of the following matters. First, counsel should refrain from 

communicating with the Courtroom Deputy or other court staff concerning substantive matters. 

Substantive communications with the Court should be conducted via officially filed documents. 

Nondispositive motions filed with the Court—even where the opposing party is proceeding pro 

se—must include a certificate of conference, as indicated in the Local and Federal Rules, 

reflecting a good-faith, diligent effort to resolve the disputed issue that is the subject of the 

Case 5:20-cv-00571-OLG Document 23 Filed 09/29/20 Page 1 of 2
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motion. See Local Rule CV-7(i) (applying to all nondispositive motions); see also Fed. R. Civ. P. 

37(a)(1) (applying to discovery disputes). While email or letter correspondence with opposing 

counsel may on some occasions be appropriate—i.e., in the first instance or to ensure the motion 

is unopposed—in the Court’s view, the best and most efficient way to comply with the 

conference requirement is through either an in-person meeting or actual conversation by 

telephone.1 Accordingly, absent extenuating circumstances, a certificate of conference noting 

one or two unsuccessful attempts to confer—particularly where the attempts occur the day the 

motion is filed—will be disfavored and may result in denial of the requested relief. See Local 

Rule CV-7(i). Finally, reasonable requests for deadline extensions that do not threaten 

meaningful prejudice to the client typically should not be opposed. See Local Rule AT-4(b); see 

also Ex M to Local Rules. At the same time, the Court frowns upon last-minute requests for 

extensions or continuances, unless there is a genuine emergency or extenuating circumstances.

A copy of my Civil Fact Sheet may be found at https://www.txwd.uscourts.gov/wpcontent/uploads/Standing%20Orders/San%20Antonio/Farrer/Court%20Facts%20Sheet%20for%

20U.S.%20Magistrate%20Judge%20Farrer.pdf. All counsel (and parties, if they are appearing 

pro se) are expected to review it before filing any matters or appearing in a case before me.

IT IS SO ORDERED.

SIGNED this 29th day of September, 2020.

RICHARD B. FARRER

UNITED STATES MAGISTRATE JUDGE

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See, e.g., Compass Bank v. Shamgochian, 287 F.R.D. 397, 400 (S.D. Tex. 2012) (noting that a 

single letter unilaterally identifying alleged flaws in discovery responses and setting an arbitrary 

response deadline is insufficient to comply with the conference requirement, “as it does not equate to 

a good faith conferral or attempt to confer); Care Envtl. Corp. v. M2 Techs. Inc., No. CV-05-1600 

(CPS), 2006 WL 1517742, at *1, 3 (E.D.N.Y. May 30, 2006) (explaining, “confer” means to “meet, 

in person or by telephone, and make a genuine effort to resolve the dispute”); Local Rule AT-4(e) 

(“When a discovery dispute arises, opposing lawyers should attempt to resolve it by working 

cooperatively together.”). 

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