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General Motion and Status Practice

Every motion shall be noticed for presentment on a specific date in accordance with Local Rule 5.3(b). The Court hears motions in both civil and criminal cases on Tuesdays and Thursdays beginning at 9:15 a.m. Status hearings are held on Tuesdays and Thursdays beginning at 10:00 a.m. The Court also will specially set motion and status hearings at a particular date and time by minute order.

All motions must be filed no later than the third business day before the day the motion is to be heard. A courtesy copy of all motions, including motions filed electronically, must be delivered to chambers (Room1366) the same day the motion is filed. If a motion is filed electronically after business hours, it must be delivered to chambers by 10:00 a.m. the next business day. If counsel is aware that there is no objection to the motion, or it is agreed, that information should be stated in the title or body of the motion.

Moving counsel may call the courtroom deputy after 4:00 p.m. on the day immediately before the motion is scheduled to be heard to find out if an appearance will be required. Unless the Court has told a party it need not appear, counsel for all parties are expected to be present irrespective of whether the motion is agreed. If no appearance is required, moving counsel must so notify other counsel in the case.

Parties must include with their motion or any supporting memorandum copies of any cited authority that is published only on an electronic database, preferably from Westlaw. Absent leave of Court, all memoranda of law must comply with the 15-page limitation set forth in Local Rule 7.1. Parties also must ensure that a document has 2.0 spacing between lines of documents submitted; 1.5 spacing is not permitted. Either a staple at the top left-hand corner or spiral binding down the left side of the document is preferred.

Judge Gilbert often will hear argument and rule on discovery motions on the date they are noticed for presentment. If an opposing party wants to file a written response to a discovery motion, counsel should communicate that request to the courtroom deputy. If Judge Gilbert thinks a response is necessary, the presentment date may be stricken and another hearing date will be set as appropriate or the Court will rule on the papers submitted via the CM/ECF system.

When a District Judge refers a particular motion or motions for ruling, Judge Gilbert generally will issue a minute order and set a status date for the case. If the moving party or parties seek to move more quickly on the motion(s), they should notice the motion(s) for presentment during Judge Gilbert’s regular motion call in accordance with the standing notice rules.

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.