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. Please see Local Rule 5.2 for additional font size, margin, and spacing requirements.

Documents should be filed in searchable OCR .pdf.

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.

For opposed motions, the movant must confer with the opposing party before filing. If the non-moving party intends to respond to the motion the motion should include an agreed proposed briefing schedule. If the non-moving party does not intend to respond to the motion, the motion should say so rather than proposing a briefing schedule.

This meet and confer requirement does not apply to dispositive motions typically contested by the parties, including motions to dismiss and motions for summary judgment, or motions that are administrative in nature, such as motions to withdraw as counsel and pro hac vice motions. If in doubt, please confer with opposing counsel before filing a motion.

All motions must be accompanied by an agreed briefing schedule or competing proposals. If the parties do not propose a briefing schedule, the Court will set one, which may be more accelerated than the parties would prefer. In a case of ordinary complexity the briefing schedules should be approximately the following:

Motion to dismiss: three weeks to respond, 10 days to reply

Motions related to preliminary injunctive relief: seven days to respond or reply (if allowed)

Discovery motions: seven days to respond, replies usually not allowed

Motions in limine and Daubert motions: usually set by the Court

Motion for summary judgment: motion due six weeks after the close of the relevant discovery period, four weeks to respond, two weeks to reply

Complex cases may require longer briefing schedules and the Court realizes that counsel have other demands on their time. The Court will usually defer to parties' proposed briefing schedules. However, parties must examine their calendars and consult with their opponents to ensure that briefing schedules they propose are realistic and account for the time needed to brief the motion, manage obligations in other cases, and attend to personal matters. The Court is reluctant to grant significant extensions to accommodate conflicts that counsel could have foreseen.

Motions for extension of time shall indicate: (i) the reason for the request; (ii) the number of previous extensions; and (iii) whether any party objects to the extension. Please do not contact chambers or the Courtroom Deputy to request an extension of time.

Please review Judge Perry’s website for dates on which she will be hearing motions.

Motions must be filed at least 3 business days before the motion is to be heard. So long as notice requirements have been met, the Court will also consider motions at previously-scheduled status hearings. Notices of motion must be filed separately on the docket for the motion to appear on the Court’s calendar. Do not attach the notice as an exhibit to the motion.

Trial dates and discovery cutoff dates will not be reset except by written motion. Motions to extend a discovery cutoff date or to reset a trial date, whether uncontested or contested, will normally require a court appearance.

Counsel should check the docket after 4:00 p.m. on the afternoon before the scheduled motion date to see if an appearance is necessary. Unless the court has told a party it need not appear, counsel is expected to be present whether or not the motion is agreed.