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Motion Practice Generally

All motions, including motions for default, must be noticed before the Court in accordance with Local Rule 5.3(b). The notice of motion is the mechanism by which a motion is added to the Court's calendar. If a motion is not calendared, the Court may not be alerted to its pendency.

Unless otherwise ordered by the Court, briefs in support of or opposition to a motion should be no more than 15 pages, and reply briefs should be no more than 10.

Requirements

Before filing a motion, the movant's counsel must ask opposing counsel whether there is an objection to the motion. If there is an objection, movant must note that fact in the body of the motion. Joint, uncontested, and agreed motions should be so identified in both the title and the body of the motion. Many of those motions will be granted without appearance, so counsel should check the docket before coming to Court. Motions for extension of time shall indicate: (i) the reason for the request, and (ii) the number of previous extensions. Trial dates and discovery cutoff dates generally will not be reset except by written motion, and will generally require a court appearance.

Courtesy Copies

When Required: The Court requires courtesy copies for all filed documents, except: (1) summons and proof of service; (2) the motion document itself (as opposed to briefs or memos of law); (3) motions to set a hearing date; (4) motions for extension of time; (5) motions to file an enlarged brief; (6) pro hac vice motions; (7) attorney appearance documents; and (8) motions to withdraw an attorney appearance if the party continues to have other counsel.

Delivery: Unless otherwise instructed by the Court, courtesy copies should be delivered by first class mail or its equivalent. Next day or otherwise expedited delivery (including delivery by messenger) is unnecessary in the normal course, and such expense is generally not justifiable. Please deliver all courtesy copies to the box outside of Room 1438 (Sandy Newland's office). Please do not bring courtesy copies to chambers. A delivery confirmation signature will not be available.

Format: Courtesy copies should always be printed from ECF after electronic filing so that the copies include the ECF header. Courtesy copies should be printed on both sides of the paper whenever possible. Parties citing a deposition transcript in a brief should submit only the cited excerpts in hard copy in the condensed format, but must file the entire transcript on ECF. The Court does not want hard copies of entire deposition transcripts. All documents should be made word searchable before being filed on ECF. The Court prefers documents to be stapled rather than bound on the left hand side, unless the size of the document makes use of a staple impossible.

Citations

The Court prefers that citations to unpublished opinions be Westlaw citationsTo the extent possible, briefs and other filings (such as Rule 56.1 statements of fact) should cite exhibits by the ECF docket number and page, not exhibit number.




Note: The court does not control nor can it guarantee the accuracy, relevance, timeliness, or completeness of this information. Neither is it intended to endorse any view expressed nor reflect its importance by inclusion in this site.
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