Judge Brianna Fuller Mircheff

Memoranda of points and authorities in support of or in opposition to any motion shall not exceed 25 pages. Replies shall not exceed 12 pages. Only in rare instances and for good cause shown will the Court grant an application to file a brief in excess of those page limitations.

Each separately represented party shall be limited to five pages per issue, exclusive of tables of contents and authorities. Repetition should be avoided and, as always, brevity is preferred. Leave for additional space will be given only in extraordinary cases.

The right-hand column should set forth the evidence that supports the factual statement. The fact statements should be set forth in sequentially numbered paragraphs. Each paragraph should contain a narrowly focused statement of fact. Each numbered paragraph should address a single subject in as concise a manner as possible.

The opposing party’s statement of genuine issues must be in two columns and track the moving party’s separate statement exactly as prepared. The document must be in two columns; the left-hand column must restate the allegedly undisputed fact, and the right-hand column must indicate either undisputed, or disputed.

The moving party should email, or if email is impracticable, deliver to the Courtroom Deputy a USB flash drive, containing the statement of uncontroverted facts and conclusions of law in Word format.

The party or parties requesting the extension must provide the Court with a proposed order setting forth the proposed new dates and/or proposed new schedule.

If any party does not oppose a motion, that party shall submit a written statement in accordance with Local Rule 7-16 that it does not oppose the motion.

The opposing party may submit additional material facts that bear on or relate to the issues raised by the moving party, which shall follow the format described above for the moving party’s separate statement. These additional facts shall follow the moving party’s facts, shall continue in sequentially numbered paragraphs (e.g., if the moving party’s last statement of fact was set forth in paragraph 30, then the first new fact will be set forth in paragraph 31), and shall set forth in the right-hand column the evidence that supports that fact

The right-hand column should set forth the evidence that supports the factual statement. Each paragraph should contain a narrowly focused statement of fact.

The opposing party may dispute all or only a portion of the statement, but if disputing only a portion, must clearly indicate what part is being disputed. Where the opposing party is disputing the fact in whole or in part, the opposing party must, in the right-hand column, label and restate the moving party’s evidence in support of the fact, followed by the opposing party’s evidence controverting the fact. Where the opposing party is disputing the fact based on an evidentiary objection, the party must cite to the evidence alleged to be objectionable and state the ground of the objection and nothing more. No argument should be set forth in this document.

If a party disputes a fact based in whole or in part on an evidentiary objection, the ground of the objection, as indicated above, should be stated in the separate statement but not argued in that document. Evidentiary objections are to be addressed in a separate memorandum to be filed with the opposition or

The moving party, in its reply, shall respond to the additional facts in the same manner and format that the opposition party is required to adhere to in responding to the statement of undisputed facts, as described above.

No party should submit any evidence other than the specific items of evidence or testimony necessary to support or controvert a proposed statement of undisputed fact. Thus, for example, the entire transcript of a deposition, entire sets of interrogatory responses, and documents that do not specifically support or controvert material in the separate statements, should not be submitted in support or opposition to a motion for summary judgment. Evidence submitted in support or opposition to a motion should be submitted either by way of stipulation or as exhibits to declarations sufficient to authenticate the proffered evidence and should not be attached to the memorandum of points and authorities.

The moving party’s memorandum of points and authorities should be in the usual form required under Local Rule 7 and should contain a narrative statement of facts as to those aspects of the case that are before the Court. All facts should be supported with citation to the paragraph number in the separate statement that supports the factual assertion and not to the underlying evidence. Unless the case involves some unusual application of Fed. R. Civ. P. 56, the motion need only contain a brief statement of the Fed. R. Civ. P. 56 standard. The argument should be organized to focus on the pertinent elements of the claim(s) or defense(s) in issue, with the purpose of showing the existence or non-existence of a genuine issue of material fact for trial on that element of the claim or defense.

It should identify the specific item of evidence to which objection is made, identify the ground of the objection, and make a very brief argument with citation to authority as to why the objection is well taken. Blanket or boilerplate objections to the Opponent’s Statements of Undisputed Facts will be disregarded.

in the usual form required by Local Rule 7, and where the opposition memorandum sets forth facts, the memorandum should cite to paragraphs in the separate statement if they are not in dispute, to the evidence that contravenes the fact where the fact is in dispute, or, if the fact is contravened by an additional fact in the statement of genuine issues, the citation should be to such fact by paragraph number.

file a separate sequentially numbered joint motion in limine for each issue in dispute which contains a clear caption that identifies the moving party and the nature of the dispute (e.g., “Plaintiff’s Motion in Limine No. 1 to Exclude the Testimony of Defendant’s Expert”). Each joint motion in limine shall consist of one document signed by all counsel. The joint motion in limine shall contain a clear identification of the testimony, exhibits, or other specific matters alleged to be inadmissible and/or prejudicial and a statement of the specific prejudice that will be suffered by the moving party if the motion is not granted. The identification of the matters in dispute shall be followed by each party’s contentions and each party’s memorandum of points and authorities. The title page of the joint motion in limine must state the Pre-Trial Conference date, hearing date for the motions in limine, and trial date.

The Court will not consider any motion in limine in the absence of a joint motion or a declaration from counsel for the moving party establishing that opposing counsel (A) failed to confer in a timely manner; (B) failed to provide the opposing party’s portion of the joint motion in a timely manner; or (C) refused to sign and return the joint motion after the opposing party’s portion was added.