Briefing Schedules
As explained in the Court’s standing order on Motion Practice and Memoranda of Law, 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, so 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.
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