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Motion Practice

 

 

Civil and criminal motions are heard on Tuesdays and Wednesdays at 10:00 a.m. but the Court is available to hear motions any day during the work week. For days and times that are outside of a Tuesday or Wednesday, please contact the courtroom deputy to ensure that the Court has availability.    

All electronically filed motions must be filed no later than the third business day preceding the day the motion is to be heard.  All motions (including joint or agreed motions) must be noticed for presentment pursuant to Local Rule 5.3(b) in order to be considered by this Court.  Presentment is not required, however, when a briefing schedule has already been set on the motion being filed.  Motions noticed for presentment after a scheduled status hearing may be addressed at that status hearing by agreement of the parties or at the Court’s discretion.  Motions for extension of time must be presented prior to the expiration of the deadline or demonstrate excusable neglect under Federal Rule of Civil Procedure 6(b)(1)(B).

The Court requires courtesy copies of all documents, including sentencing memoranda, that are over fifteen pages in length, including exhibits.  Courtesy copies are to be delivered to Courtroom Deputy Yvette Montanez in room 1238 within 24 hours of filing.  Confirmation of receipt will not be available.  Courtesy copies need not be delivered in an envelope unless they contain materials that are under seal.

When seeking an entry of default, it is preferred practice that the requesting party file a motion for entry of default, as opposed to a request to the Clerk of Court. Judge Coleman requires all motions for entry of default or default judgment to be noticed for presentment. In addition, parties should be prepared to prove up damages either by affidavit or at a hearing. *See "Schedule A Counterfeit Product Cases" tab for more information on such cases. 

Joint, uncontested, or agreed motions should be so identified in the title and body of the motion.

 Motions to extend a discovery cutoff date or to reset a trial date, whether uncontested or contested, must be in writing and will require a court appearance.

Attorney motions for leave to proceed pro hac vice do not need to be noticed up for presentment. 

 

The Court will not entertain any motions that do not comply with the Federal Rules of Civil Procedure, the Local Rules, and this Court’s standing orders.