Ewing Werlein, Jr.
How Judge Werlein rules, drawn from 25 signed orders. Every observation links to the order it came from.
About Judge Werlein
Ewing Werlein, Jr. is a judge of the United States District Court for the Southern District of Texas. Appointed by President George H.W. Bush, Judge Werlein received a commission on April 13, 1992. Judge Werlein assumed senior status on January 1, 2006.
Judge Werlein's practices and standing orders
Rules for cases before Judge Werlein, as published on the court's website (checked October 8, 2026). Judges revise these often, so confirm the current version on the court's site before you file.
Key rules
Contacting chambers
Do not present substantive issues by letter because letters are not docketed or included in the appeal record.
“Do not address substantive issues in letter form because they are not docketed or included in the appellate record.”
Conferences
A joint continuance motion does not bind the court and is granted only in its discretion.
“Joint motions for continuance are not binding, and they will be granted only at the Court's discretion.”
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 8, 2026).
How Judge Werlein decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Jimerson, Werlein found that a six to eight month gap between protected activity and termination was too long to infer retaliation from timing alone.
“Plaintiff's termination six or eight months after he alleged racial harassment and filed an EEOC complaint was too distant in time for the Court to infer retaliation on timing alone.”
In Sparta, Werlein dismissed a prisoner’s Section 1983 claim against a plumbing company because the complaint alleged no state action. He left any state conversion claim for state court after declining federal jurisdiction.
“There is no allegation or indication that The Reece Group is a state actor acting under the color of law or that its actions can reasonably be charged to the state.”
Procedural preferences
In Hobbs, Werlein allowed the plaintiffs to amend their complaint while considering a motion challenging the pleading.
“the Court finds that Plaintiffs should have the opportunity to file an amended complaint.”
In Finite Utility, Werlein denied additional evidence after the recommendation because it had been available earlier and would unfairly prejudice Tawa. This is a case-specific application of the cited factors.
“Finite’s motion for leave to file additional evidence is DENIED.”
Cautions
In Colson, Werlein dismissed counterclaims against the United States for lack of jurisdiction because the government had not consented to those claims.
“The United States must consent to be sued, and that consent is a prerequisite to federal jurisdiction.”
In capital habeas, AEDPA's limitations period is applied even where the stakes are death; Werlein found equitable tolling unavailable and additionally rejected the claim on the merits, declining a certificate of appealability.
“While it is particularly regrettable to find that a petition is time-barred in a capital case, reasonable jurists could not disagree that Johnson is not entitled to equitable tolling of the statute of limitations under the circumstances of this case.”
In one personal-jurisdiction dispute, Werlein found that emails and calls negotiating a contract with a Texas company did not alone establish conduct purposefully directed toward Texas.
“This exchange of communications between a resident and a nonresident in negotiating a contract is insufficient to establish that Bazaar purposefully availed itself of the privilege of conducting activities within Texas.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Motion to Dismiss as Time Barred (Document No. 9) is GRANTED;”
“Dretke’s Motion For Summary Judgment (Document No. 10) is GRANTED;”
“ORDERED that Defendant's Motion for Summary Judgment (Document No. 36) is GRANTED, and Plaintiff's claims will be DISMISSED on the merits.”
“ORDERED that the United States's Motion to Dismiss Counterclaims in Third Amended Answer (Document No. 31) is GRANTED, and Defendant Gregory L. Colson's counterclaims against the United States are DISMISSED.”
“ORDERED that Defendants HEB Grocery Company, LP’s and Nikki Whitehead’s Motion to Dismiss, or Alternatively, Motion for a More Definite Statement (Document No. 3) is provisionally GRANTED, providing that Plaintiffs may file a more definite statement in the form of a First Amended Complaint within fourteen (14) days after the entry of this Order.”
“Defendants’ Motion to Extend Dispositive Motion Deadline and Defendants’ Motion for Judgment on the Pleadings (Document No. 14) are DENIED AS MOOT.”
“Fields’s § 2255 Motion to Vacate, Set Aside or Correct Sentence (Document No. 1) is DENIED”
“GRANTED IN PART and Plaintiff is AWARDED $11,504.29 in fees under 28 U. S. C. § 2412.”
“Plaintiffs’ claims against Montgomery County and the Montgomery County Sheriff are DISMISSED.”
“Plaintiff’s Motion to Compel (Document No. 57) is therefore DENIED.”
“Defendant Penske Logistics’s Motion for Summary Judgment (Document No. 40) is GRANTED.”
“Utility Consulting Inc.’s Motion for Summary Judgment is GRANTED”
“that Tawa’s motion to exclude Finite’s expert testimony (Document No. 79) is GRANTED;”
“No. 81) is GRANTED;”
“Plaintiff’s Alternative Request to Submit Revised Damages Calculations is DENIED. Likewise, and essentially for the same reasons, Plaintiff’s Alternative Request for Leave to Designate Replacement Expert Witness (Document No. 134 at 31) is also DENIED.”
“LLC’s Motion for Partial Summary Judgment (Document No. 85) is DENIED.”
“Finite’s motion for leave to file additional evidence is DENIED.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 122 days (N = 10).
A cluster of 2018-filed civil cases terminated within days to a few weeks of filing (e.g. Pettie v. Owusu 4d, Grayson v. DSM 3d, Jenkins v. Colucci 1d), suggesting rapid administrative dispositions/transfers/screenings; not individually entry-read, so dispositions are NOT characterized here. Reported as caseload metadata only.
Pending matters in the official report
Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.
| Motions pending more than six months | 0 |
| Bench trials submitted more than six months | 0 |
| Bankruptcy appeals pending more than six months | 0 |
| Social Security appeals pending more than six months | 0 |
| Civil cases pending more than three years | 0 |
| Report | Motions over six months | Cases over three years |
|---|---|---|
| Mar 2026 | 0 | 0 |
| Sep 2025 | 1 | 1 |
| Mar 2025 | 1 | 0 |
| Sep 2024 | 1 | 0 |
| Mar 2024 | 0 | 0 |
| Sep 2023 | 0 | 0 |
| Mar 2023 | 0 | 2 |
| Sep 2022 | 2 | 2 |
| Mar 2022 | 0 | 5 |
| Sep 2021 | 0 | 3 |
| Mar 2021 | 2 | 2 |
| Sep 2020 | 0 | 1 |
A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.
How long civil cases take in this court
For the whole of United States District Court for the Southern District of Texas, not for Judge Werlein: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.
| Cases | Median time | |
|---|---|---|
| All civil cases closed | 5,742 | 7.6 months |
| Closed with no court action | 2,442 | 6 months |
| Closed before pretrial | 2,371 | 7.4 months |
| Closed during or after pretrial | 871 | 11.4 months |
| Closed during trial | 58 | 31.6 months |
| 12 months ending | Cases closed | Median time |
|---|---|---|
| Sep 2025 | 5,742 | 7.6 months |
| Sep 2024 | 5,086 | 7.5 months |
| Sep 2023 | 4,762 | 7.9 months |
| Sep 2022 | 4,595 | 8.8 months |
| Sep 2021 | 4,745 | 8.8 months |
| Sep 2020 | 5,009 | 8.1 months |
| Sep 2019 | 5,233 | 7.5 months |
The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).
Draft for Judge Werlein with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Werlein, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Werlein's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace