Judge Christopher J. Burke
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- 1 copy • Email • Three Full Business Days Before Final Pretrial Conference
- Within 24 Hours
- Within 5 Days
Attorney filings
Brief, Appendix, Exhibit, Declaration, Affidavit
- 2 copies • Upon Filing
Brief, Appendix, Exhibit, Declaration, Affidavit, Sealed Document
- 2 copies • By Noon Next Business Day
Communication
Chambers
Letter via ECF
Chambers
Phone
Chambers
Other
Chambers
Page & Word Limits64 rules
Machine summary. Not checked yet.Mandatory?
each in limine request may be supported by a maximum of three (3) pages of argument and may be opposed by a maximum of three (3) pages of argument, and the party making the in limine request may add a maximum of one (1) additional page in reply in support of its request. If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three (3) page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered by the Court.
Summary: In limine requests: support and opposition limited to 3 pages each, reply limited to 1 page. If multiple parties support or oppose, they must combine into a single 3-page submission (and single 1-page reply).
In Limine Support
3 pages
In Limine Opposition
3 pages
In Limine Reply
1 pages
In Limine Combined Support Opposition
3 pages
In Limine Combined Reply
1 pages
Machine summary. Not checked yet.Mandatory?
Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) single-spaced pages.
Summary: Opposition letters for motions to amend must be filed within 7 days and limited to 5 single-spaced pages.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to amend.
Summary: Reply to motion to amend opposition must be a letter not exceeding 2 single-spaced pages, filed within 3 days.
Letter
2 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Any motion to strike any pleading or other document or testimony shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief, and shall attach the document to be stricken.
Summary: Motions to strike must be accompanied by a letter not exceeding 3 single-spaced pages instead of an opening brief.
Letter
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to strike.
Summary: Reply to motion to strike opposition must be a letter not exceeding 2 single-spaced pages, filed within 3 days.
Letter
2 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Any motion to amend a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.
Summary: Motions to amend must be accompanied by a letter not exceeding 3 single-spaced pages instead of an opening brief.
Letter
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to amend.
Summary: Reply letters for motions to amend must be filed within 3 days and limited to 2 single-spaced pages.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to strike.
Summary: Reply letters for motions to strike must be filed within 3 days and limited to 2 single-spaced pages.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) single-spaced pages.
Summary: Opposition to motion to amend must be a responsive letter not exceeding 5 single-spaced pages, filed within 7 days.
Letter
5 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Each party may comment, in writing (in no more than 5 pages) on the opposing party’s tutorial. Any such comment shall be filed no later than seven days after the Joint Claim Construction Brief is due.
Summary: Parties may file comments on opposing tutorial (max 5 pages) within 7 days after Joint Claim Construction Brief.
Tutorial Comment
5 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to stay.
Summary: Reply to motion to stay opposition limited to 2 single-spaced pages, filed within 3 days.
Letter
2 pages
Machine summary. Not checked yet.Mandatory?
Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to stay.
Summary: Moving party may file reply letter (max 2 single-spaced pages) within 3 days, and parties may request teleconference.
Reply Letter
2 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Any motion to stay shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief.
Summary: Motions to stay must use a letter (max 3 single-spaced pages) instead of an opening brief.
Letter
3 pages
Machine summary. Not checked yet.Mandatory?
Defendant shall serve, but not file, its answering claim construction brief, not to exceed 30 pages, on or before ____________, 202_.
Summary: Defendant must serve (not file) answering brief on claim construction (max 30 pages) by specified date.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Defendant shall serve, but not file, its answering claim construction brief, not to exceed 30 pages, on or before ____________, 202_.
Summary: Defendant's answering claim construction brief limited to 30 pages.
Opposition
30 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on claim construction on or before ____________, 202_.
Summary: Plaintiff must serve (not file) opening brief on claim construction (max 20 pages) by specified date.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on or before ____________, 202_.
Summary: Defendant must serve (not file) sur-reply brief on claim construction (max 10 pages) by specified date.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on claim construction on or before ____________, 202_.
Summary: Plaintiff's opening claim construction brief limited to 20 pages.
Opening Brief
20 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on or before ____________, 202_.
Summary: Defendant's sur-reply claim construction brief limited to 10 pages.
Sur Reply
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on or before ____________, 202_.
Summary: Plaintiff must serve (not file) reply brief on claim construction (max 20 pages) by specified date.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on or before ____________, 202_.
Summary: Plaintiff's reply claim construction brief limited to 20 pages.
Reply
20 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
A party seeking leave to file a case dispositive motion prior to ten (10) days before the deadline set forth above shall do so by filing a motion and an accompanying letter brief with the Court of no more than four (4) single-spaced pages, explaining the reasons why an earlier-filed motion should be permitted.
Summary: Letter brief seeking leave to file early case dispositive motion is limited to 4 single-spaced pages.
Letter
4 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
If any party wishes to contest this request, it may do so by filing a responsive letter brief of no more than four (4) single-spaced pages, within seven (7) days from the date the requesting party filed its brief. No reply briefs shall be filed.
Summary: Responsive letter brief to contest early motion leave request is limited to 4 single-spaced pages with no reply briefs permitted.
Letter
4 pages
Machine summary. Not checked yet.Mandatory?
Any party opposing the motion shall include with its opposing papers a response to the moving party’s concise statement, not to exceed six pages, which admits or disputes the facts set forth in the moving party’s concise statement on a paragraph-by-paragraph basis. To the extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record. Failure to respond to a fact presented in the moving party’s concise statement of facts shall indicate that fact is not in dispute for purposes of summary judgment.
Summary: Opposition to summary judgment requires response to concise statement (max 6 pages) with paragraph-by-paragraph admissions/disputes.
Opposition Brief
6 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The moving party shall include with its reply papers a response to the opposing party’s concise statement of facts, not to exceed four pages, on a paragraph-by-paragraph basis.
Summary: Reply to summary judgment requires response to opposition concise statement (max 4 pages).
Reply Brief
4 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Page limits combined with Daubert motion page limits. Each party is permitted to file as many case dispositive motions as desired; provided, however, that each SIDE will be limited to a combined total of 40 pages for all opening briefs, a combined total of 40 the number of case dispositive motions that are filed. In the event that a party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert’s testimony, the total amount of pages permitted for all case dispositive and Daubert motions shall be increased to 50 pages for all opening briefs, 50 pages for all answering briefs, and 25 pages for all reply briefs for each SIDE.
Summary: Combined page limits: 40 pages per side for case dispositive motions, increased to 50/50/25 with Daubert motions.
40 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Any party opposing the motion shall include with its opposing papers a response to the moving party's concise statement, not to exceed six pages
Summary: Opposing party's response to concise statement limited to 6 pages.
Opposition
6 pages
Machine summary. Not checked yet.Mandatory?
The party opposing the motion may also include with its opposing papers a separate concise statement, not to exceed four pages, which sets forth material facts as to which the opposing party contends there is a genuine issue to be tried.
Summary: Opposing party may include their own concise statement of facts limited to 4 pages.
Opposition
4 pages
Machine summary. Not checked yet.Mandatory?
judgment shall be accompanied by a separate concise statement, not to exceed six pages, which details each material fact that the moving party contends is essential for the Court's resolution of the summary judgment motion (not the entire case)
Summary: Moving party's concise statement for summary judgment limited to 6 pages.
Brief
6 pages
Machine summary. Not checked yet.Mandatory?
The moving party shall include with its reply papers a response to the opposing party's concise statement of facts, not to exceed four pages
Summary: Moving party's reply response to opposing party's concise statement limited to 4 pages.
Reply
4 pages
Document Format Requirements11 rules
Checked against the court's document on Oct 4, 2026Mandatory
ESI and non-ESI must be produced as text-searchable image files, such as PDF or TIFF.
c. Format. ESI and non-ESI shall be produced to the requesting party as text searchable image files (e.g., PDF or TIFF) .
Checked and corrected to match the court's document on Oct 4, 2026Important
For produced ESI, the parties need provide only the listed metadata fields, and only to the extent that the metadata exists.
e. Metadata fields. The parties are only obligated to provide the following metadata for all ESI produced , to the extent such metadata exists: Custodian , File Path , Email Subject, Conversation Index, From , To , CC , BCC , Date Sent, Time Sent, Date Received , Time Received , Filename, Author, Date Created, Date Modified , MD5 Hash, File Size , File Extension , Control Number Begin , Control Number End, Attachment Range , Attachment Begin , and Attachment End (or the equivalent thereof)
Checked against the court's document on Oct 4, 2026Important
Native-format production should be limited to files that are not easily converted to image format, such as Excel and Access files.
d. Native files. The only files that should be produced in native format are files not easily converted to image format, such as Excel and Access files .
Machine summary. Not checked yet.Mandatory?
For irregularly sized physical exhibits, the party seeking to use the demonstrative will provide a color representation as a PDF of 8.5 x 11 copies of the exhibits.
Summary: Irregularly sized physical demonstratives must be provided as 8.5 x 11 PDF copies.
Machine summary. Not checked yet.Mandatory?
The party seeking to use a demonstrative will provide a color representation of the demonstrative to the other side in PDF form. However, for video or animations, the party seeking to use the demonstrative will provide it to the other side on a DVD or CD.
Summary: Demonstratives must be provided in PDF format, except videos/animations which require DVD/CD.
Not confirmed. Read the court's wording below.Mandatory?
The parties shall produce their information in the following format: single page TIFF images and associated multi-page text files containing extracted text or OCR with Concordance and Opticon load files containing all requisite information including relevant metadata.
Summary: The parties must produce single-page TIFF images with associated multi-page extracted-text or OCR files and Concordance and Opticon load files containing requisite information, including relevant metadata.
We could not find this wording in the court's document. Open the source before relying on it.Mandatory?
When a text-searchable image file is produced , the producing party must preserve the integrity of the underlying ESI , i.e., the original formatting , the metadata (as noted below) and , where applicable , the revision history.
Machine summary and details
Summary: When producing text-searchable image files, the producing party must preserve the underlying ESI’s original formatting, metadata, and, where applicable, revision history.
Machine summary. Not checked yet.Important?
The party seeking to use a demonstrative will provide a color representation of the demonstrative to the other side in PDF form. However, for video or animations, the party seeking to use the demonstrative will provide it to the other side on a DVD or CD. For irregularly sized physical exhibits, the party seeking to use the demonstrative will provide a color representation as a PDF of 8.5 x 11 copies of the exhibits.
Summary: Demonstratives must be provided in PDF form, except video/animations on DVD/CD, and physical exhibits as PDF copies.
Machine summary. Not checked yet.Important?
They must be double-spaced, in no less than a 12-point font
Summary: Mediation statements must be double-spaced with font size at least 12 point.
Machine summary. Not checked yet.Important?
The parties should highlight in yellow those portions of the exhibits that are particularly important and that they want the Court to focus on.
Summary: Parties must highlight important portions of exhibits in yellow.
Machine summary. Not checked yet.Important?
With regard to other types of exhibits the parties attach to their letter briefs, the parties should highlight in yellow those portions of the exhibits that are particularly important and that they want the Court to focus on.
Summary: Parties must highlight important portions of exhibits in yellow.
Document Filing Requirements77 rules
Checked against the court's document on Oct 4, 2026Mandatory
The parties must address each listed matter and submit a joint proposed scheduling order with the Checklist that identifies points of disagreement.
Address each matter listed in the Revised Patent Form Scheduling Order and submit, along with this Checklist, a joint proposed scheduling order, clearly identifying points of disagreement.
Document Type
Checklist
Checked against the court's document on Oct 4, 2026Mandatory
Within 30 days after the Rule 16 Conference, each party must identify the 10 most likely custodians in ranked order and provide each custodian’s name, title, role, and information subject matter.
3. Initial Disclosures. Within 30 days after the Rule 16 Conference, each party shall disclose: a. Custodians. The 10 custodians most likely to have discoverable information in their possession , custody or control , from the most likely to the least likely. The custodians shall be identified by name, title, role in the instant dispute, and the subject matter of the information.
Document Type
Initial Disclosures
Machine summary. Not checked yet.Mandatory?
To the extent that factual issues are disputed or are otherwise central to the Court's analysis, the parties shall attach as an exhibit (or exhibits) to their letter briefs sworn declarations or affidavits regarding those issues.
Summary: Sworn declarations required for disputed factual issues
Document Type
Letter Brief
Machine summary. Not checked yet.Mandatory?
The movant's opening letter brief shall include as attachments: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested of the Court; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute. To the extent that factual issues are disputed or are otherwise central to the Court's analysis, the parties shall attach as an exhibit (or exhibits) to their letter briefs sworn declarations or affidavits regarding those issues.
Summary: Discovery dispute letter briefs must include proposed order, disputed discovery requests/responses, and sworn declarations for disputed facts.
Document Type
Letter
Machine summary. Not checked yet.Mandatory?
The movant's opening letter brief shall include as attachments: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested of the Court; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute.
Summary: Proposed order and discovery exhibits required with letter brief
Document Type
Letter Brief
Machine summary. Not checked yet.Mandatory?
Any motion to strike any pleading or other document or testimony shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief, and shall attach the document to be stricken.
Summary: Motions to strike must be accompanied by a 3-page single-spaced letter and the document to be stricken.
Document Type
Motion To Strike
Machine summary. Not checked yet.Mandatory?
Any motion to amend a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.
Summary: Motions to amend must be accompanied by a 3-page single-spaced letter and proposed amended pleading with blackline comparison.
Document Type
Motion To Amend
Machine summary. Not checked yet.Mandatory?
Any motion to stay shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief.
Summary: Motions to stay must be accompanied by a letter (max 3 single-spaced pages) instead of an opening brief.
Document Type
Motion To Stay
Machine summary. Not checked yet.Mandatory?
No later than _____________, the parties shall file a Joint Claim Construction Brief.
Summary: Parties must file Joint Claim Construction Brief by specified date.
Document Type
Joint Claim Construction Brief
Machine summary. Not checked yet.Mandatory?
The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below:
Summary: Joint Claim Construction Brief must combine unfiled briefs with positions on each claim term in sequential order.
Document Type
Joint Claim Construction Brief
Machine summary. Not checked yet.Mandatory?
A copy of the patent(s) at issue as well as those portions of the intrinsic record relied upon shall be submitted with this Joint Claim Construction Chart.
Summary: Joint Claim Construction Chart must include copies of patents and relied-upon intrinsic record portions.
Document Type
Joint Claim Construction Chart
Machine summary. Not checked yet.Mandatory?
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to Samantha_Miller@ded.uscourts.gov.
Summary: Joint Claim Construction Chart must be emailed to Samantha_Miller@ded.uscourts.gov in Word format.
Document Type
Joint Claim Construction Chart
Machine summary. Not checked yet.Mandatory?
In this joint submission, the parties shall not provide argument.
Summary: Joint Claim Construction Chart must not include argument.
Document Type
Joint Claim Construction Chart
Machine summary. Not checked yet.Mandatory?
The parties’ Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party’s proposed construction of the disputed claim language with citation(s) only to the intrinsic evidence in support of their respective proposed constructions.
Summary: Joint Claim Construction Chart must identify disputed terms and include proposed constructions with intrinsic evidence citations only.
Document Type
Joint Claim Construction Chart
Machine summary. Not checked yet.Mandatory?
Each party shall file concurrently with the Joint Claim Construction Brief a "Motion for Claim Construction" that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Brief. The motion shall not contain any argument and shall simply state that the party "requests that the Court adopt the claim construction position[s] of [the party] set forth in the Joint Claim Construction Brief (D.I. [ ])."
Summary: Motion for Claim Construction must be filed concurrently with Joint Claim Construction Brief, contain no argument, and use specific mandated language.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
The parties shall notify the Court, by joint letter submission, no later than the date on which the Joint Claim Construction Brief is due: (i) whether they request leave to present testimony at the hearing; (ii) the amount of time they are requesting be allocated to them for the hearing; and (iii) the order in which they intend to present the claim terms at issue, including which side will present first for each term.
Summary: Joint letter submission required by claim construction brief due date containing testimony request, time allocation request, and presentation order.
Document Type
Letter
Machine summary. Not checked yet.Mandatory?
Any non-dispositive motion should contain the statement required by Local Rule 7.1.1.
Summary: Non-dispositive motions must include the statement required by Local Rule 7.1.1.
Document Type
Non Dispositive Motion
Machine summary. Not checked yet.Mandatory?
Each party shall file concurrently with the Joint Claim Construction Brief a “Motion for Claim Construction” that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Brief. The motion shall not contain any argument and shall simply state that the party “requests that the Court adopt the claim construction position[s] of [the party] set forth in the Joint Claim Construction Brief (D.I. [ ]).”
Summary: Motion for Claim Construction must be filed with Joint Claim Construction Brief and contain no argument.
Document Type
Motion For Claim Construction
Machine summary. Not checked yet.Mandatory?
The parties shall notify the Court, by joint letter submission, no later than the date on which the Joint Claim Construction Brief is due: (i) whether they request leave to present testimony at the hearing; (ii) the amount of time they are requesting be allocated to them for the hearing; and (iii) the order in which they intend to present the claim terms at issue, including which side will present first for each term.
Summary: Parties must notify Court by joint letter of testimony request, time allocation, and presentation order for claim construction hearing.
Document Type
Joint Letter Submission
Machine summary. Not checked yet.Mandatory?
[For any expert witness, the Plaintiff shall indicate the precise subject matter on which it will ask the Court to recognize the witness's expertise. At trial, the Plaintiff should offer the witness as an expert on that same subject matter. No deviations as to the described subject matter will be permitted without approval of all parties or the Court, on good cause shown.]
Summary: Expert witness subject matter must be specified and cannot be deviated from without approval.
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
Any witness not listed will be precluded from testifying, absent good cause shown.
Summary: Witnesses not listed in pretrial order are precluded from testifying unless good cause shown.
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
[For any expert witness, the Defendant shall indicate the precise subject matter on which it will ask the Court to recognize the witness's expertise. At trial, the Defendant should offer the witness as an expert on that same subject matter. No deviations as to the described subject matter will be permitted without approval of all parties or the Court, on good cause shown.]
Summary: Defendant expert witness subject matter must be specified and cannot be deviated from without approval.
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
If there are objections that remain to be resolved, the party calling the witness by deposition shall, no later than two (2) calendar days before the witness is to be called at trial, submit, on behalf of all parties: (i) a copy of the entire deposition testimony of the witness at issue, clearly highlighting the designations, counter-designations, and pending objections; and (ii) a cover letter clearly identifying the pending objections as well as a brief indication (i.e., no
Summary: Party calling witness by deposition must submit highlighted deposition and cover letter identifying objections no later than 2 calendar days before trial.
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
[Counsel should confer prior to the pretrial conference to determine which testimony will be offered by deposition (including video tape depositions), to agree on the designation of those portions of the depositions to be offered into evidence, and to identify objections.] This pretrial order contains the maximum universe of deposition designations, counter-designations, and objections to admission of deposition testimony; none of the foregoing shall be supplemented without approval of all parties or leave of the Court, on good cause shown.
Summary: Counsel must confer on deposition designations and objections before pretrial conference; no supplementation without approval.
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
The parties will exchange demonstratives to be used in opening statements by 8:00 p.m. two nights before opening statements. The parties will provide any objections to such demonstratives by 12:00 p.m (noon) on the day before opening statements.
Summary: Demonstratives for opening statements must be exchanged by 8:00 p.m. two nights before, with objections due by noon the day before.
Document Type
Demonstrative Exhibit
Machine summary. Not checked yet.Mandatory?
A party will provide demonstrative exhibits to be used in connection with direct examination by 6:00p.m. the night before their intended use, and objections will be provided no later than 8:00p.m. the night before their intended use.
Summary: Direct examination demonstratives must be provided by 6:00 p.m. the night before, with objections due by 8:00 p.m.
Document Type
Demonstrative Exhibit
Machine summary. Not checked yet.Mandatory?
Failure to comply with these procedures, absent an agreement by the parties and approval by the Court, will result in waiver of the use of an exhibit or waiver of objection to the exhibit.
Summary: Failure to follow demonstrative procedures results in waiver of use or objection.
Document Type
Demonstrative Exhibit
Machine summary. Not checked yet.Mandatory?
If good faith efforts to resolve objections to demonstrative exhibits fail, the objecting party shall bring its objections to the Court's attention prior to the opening statements or prior to the applicable witness being called to the witness stand.
Summary: Unresolved objections to demonstratives must be brought to Court's attention before opening statements or witness testimony.
Document Type
Demonstrative Exhibit
Machine summary. Not checked yet.Mandatory?
Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
Summary: Motions in limine must be included in the proposed pretrial order, not filed separately.
Document Type
Pretrial Order
Filing & Service rules
Electronic Filing Rules
Mediation statements must not be electronically filed; deliver to Clerk's Office in envelope.
Mediation statements shall not be electronically filed since they are not part of the Court record.
Machine summary. Not checked yet. · Civil cases
Page 3 | CONFIDENTIAL MEDIATION STATEMENTS
Filing Timing and Cure Windows
Deliver completed AO Form 187 exhibit list to Courtroom Deputy on or before the first day of trial.
On or before the first day of trial, counsel will deliver to the Courtroom Deputy a completed AO Form 187 exhibit list for each party.
Machine summary. Not checked yet. · Civil cases
Page 4 | VI. Exhibits
Provide objections to exhibits by 7:30 p.m. the night before their intended use.
and objections will be provided no later than 7:30 p.m. the night before their intended use.
Machine summary. Not checked yet. · Civil cases
Page 4 | VI. Exhibits
Exchange demonstratives for opening statements by 8:00 p.m. two nights before opening statements.
The parties will exchange demonstratives to be used in opening statements by 8:00 p.m. two nights before opening statements.
Machine summary. Not checked yet. · Civil cases
Page 4 | VI. Exhibits
Provide demonstrative exhibits for direct examination by 3:00 p.m. the day before their intended use.
A party will provide demonstrative exhibits to be used in connection with direct examination by 3:00 p.m. the day before their intended use
Machine summary. Not checked yet. · Civil cases
Page 4 | VI. Exhibits
Provide exhibits for direct examination by 3:00 p.m. the day before their intended use.
A party will provide exhibits to be used in connection with direct examination by 3:00 p.m. the day before their intended use
Machine summary. Not checked yet. · Civil cases
Page 4 | VI. Exhibits
Provide objections to demonstratives for opening statements by 12:00 noon the day before opening statements.
The parties will provide any objections to such demonstratives by 12:00 noon on the day before opening statements.
Machine summary. Not checked yet. · Civil cases
Page 4 | VI. Exhibits
Opposition to a motion to amend must be filed within 7 days of the motion.
Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) single-spaced pages.
Machine summary. Not checked yet. · Civil cases
Page 8 | Motions to Amend
Reply to opposition to motion to amend must be filed within 3 days after the opposition; teleconference request must be filed by the same deadline.
Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to amend.
Machine summary. Not checked yet. · Civil cases
Page 8 | Motions to Amend
Reply to motion to stay must be filed within 3 days after the opposition.
Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to stay.
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Page 9 | 9. Motions to Stay
Reply to motion to strike must be filed within 3 days after the opposition.
Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to strike.
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Page 9 | 8. Motions to Strike
Case dispositive motions must be filed by a specified deadline approximately four months before the pretrial conference.
All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ____________, 202_ [a date approximately four months prior to the pretrial conference].
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Page 10 | 11. Case Dispositive Motions
Opposition to leave motion must be filed within 7 days of the leave motion.
If any party wishes to contest this request, it may do so by filing a responsive letter brief of no more than four (4) single-spaced pages, within seven (7) days from the date the requesting party filed its brief.
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Page 10 | 11. Case Dispositive Motions
If a protective order is needed, file proposed order within 10 days of the scheduling order.
Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and file it with the Court within ten (10) days from the date of this Order.
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Page 1 | Application to Court for Protective Order
Delaware counsel must submit a WiFi access request form via the Court's website at least 5 business days before mediation.
It is the responsibility of Delaware counsel to complete and submit the required form on the website to obtain authorization of the Court, no later than 5 business days prior to the date on which the mediation conference is scheduled. Failure to submit the request in accordance with the Court's website will result in the request being denied.
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Page 7
Service and Proof of Service Rules
Delaware counsel must inform out-of-state counsel about this Order.
Delaware counsel are reminded of their obligations to inform out-of-state counsel of this Order.
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Page 7
Courtesy Copy Requirements
Courtesy copies (2) required for all briefs and supporting documents, due by noon the business day after electronic filing.
The parties shall provide to the Court two (2) courtesy copies of all briefs and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal. Unless ordered differently by the Court, such copies must be provided to the Court by no later than noon the business day after the filing is made electronically.
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Page 3 | Courtesy Copies
Parties must comply with courtesy copy requirements for discovery dispute filings or the telephone conference may be cancelled.
The parties shall also comply with paragraph 5 regarding the submission of courtesy copies; if they fail to do so, the telephone conference may be cancelled.
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Page 8 | Discovery Matters and Disputes Relating to Protective Orders
Courtesy copies required for discovery teleconferences
The parties shall also comply with paragraph 5 regarding the submission of courtesy copies; if they fail to do so, the telephone conference may be cancelled.
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Page 8 | Courtesy Copy Requirement
Courtesy copy of jury instructions required in Word format via email
This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Word format, which may be submitted by e-mail to the trial judge's staff.
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Page 18 | Jury Instructions, Voir Dire, and Special Verdict Forms
Two courtesy copies required for briefs and supporting documents, including sealed papers, by noon next business day.
The parties shall provide to the Court two (2) courtesy copies of all briefs and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal. Unless ordered differently by the Court, such copies must be provided to the Court by no later than noon the business day after the filing is made electronically.
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Two courtesy copies of all briefs and supporting documents (including sealed papers) must be delivered to chambers by noon the next business day after electronic filing.
The parties shall provide to the Court two (2) courtesy copies of all briefs and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal. Unless ordered differently by the Court, such copies must be provided to the Court by no later than noon the business day after the filing is made electronically.
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Page 3 | Courtesy Copies
Parties must comply with courtesy copy requirements in paragraph 5; failure may cancel telephone conference.
The parties shall also comply with paragraph 5 regarding the submission of courtesy copies; if they fail to do so, the telephone conference may be cancelled.
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Page 6 | Discovery Matters and Disputes Relating to Protective Orders
Counsel must provide courtesy copies of all filings to District Judge in pro se cases with objections.
IT IS ORDERED THAT in all pro se cases in which such objections are filed, unless otherwise ordered by the District Judge, the party represented by counsel must provide the District Judge to whom the case is assigned a courtesy copy of all filings (e.g., motions, briefs, appendices) associated with the matter to which the R&R or Order relates.
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Page 1 | STANDING ORDER IN PRO SE MATTERS FOR OBJECTIONS FILED UNDER FED. R. CIV. P. 72
Courtesy copies must be delivered within 5 days after objections are filed.
IT IS FURTHER ORDERED THAT such courtesy copies shall be provided to the District Judge no later than five (5) days after the objections are filed.
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Page 1 | STANDING ORDER IN PRO SE MATTERS
Courtesy copies must be provided to District Judge within 5 days of filing objections.
IT IS FURTHER ORDERED THAT such courtesy copies shall be provided to the District Judge no later than five (5) days after the objections are filed.
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Page 1 | STANDING ORDER IN PRO SE MATTERS FOR OBJECTIONS FILED UNDER FED. R. CIV. P. 72
In pro se cases with objections under FRCP 72, represented parties must provide courtesy copies of all related filings to the District Judge.
IT IS ORDERED THAT in all pro se cases in which such objections are filed, unless otherwise ordered by the District Judge, the party represented by counsel must provide the District Judge to whom the case is assigned a courtesy copy of all filings (e.g., motions, briefs, appendices) associated with the matter to which the R&R or Order relates.
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Page 1 | STANDING ORDER IN PRO SE MATTERS
Two courtesy copies required for briefs and supporting documents; one copy for other documents.
Unless a specific Order to the contrary is entered in a case, all parties shall provide to the Court two (2) courtesy copies of all briefs (including letter briefs), as well as any documents filed in support of such briefs (i.e., appendices, exhibits, declarations, affidavits, tutorials, etc.). All parties shall provide one (1) copy of any other document filed (e.g., letters and stipulations).
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Page 1 | STANDING ORDER REGARDING COURTESY COPIES
Courtesy copies for sealed documents must be delivered by noon next business day.
This Order also applies to papers filed under seal. Unless ordered differently by the Court, such copies must be provided to the Court by no later than noon the business day after the filing is made electronically.
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Page 1 | STANDING ORDER REGARDING COURTESY COPIES
Objecting party must provide courtesy copies of all filings to the District Judge within 5 days after filing objections.
the objecting party must provide the District Judge to whom the case is assigned a courtesy copy of all filings (e.g., motions, briefs, appendices) associated with the matter to which the R&R or Order relates. Such courtesy copies shall be provided to the District Judge no later than five (5) days after the objections are filed.
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Page 1 | STANDING ORDER IN NON-PRO SE MATTERS FOR OBJECTIONS FILED UNDER FED. R. CIV. P. 72
Jury instructions and related documents require an electronic courtesy copy in Word format submitted by email.
the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3) full business days before the final pretrial conference. This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Word format, which may be submitted by e-mail to the trial judge's staff.
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Page 18 | Jury Instructions, Voir Dire, and Special Verdict Forms
A courtesy copy with electronic Word files must be emailed to the trial judge's staff three full business days before the final pretrial conference.
three (3) full business days before the final pretrial conference. This submission shall be accompanied by a courtesy copy containing electronic files of these documents, in Word format, which may be submitted by e-mail to the trial judge’s staff.
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Page 13 | Pretrial
Sealing & Redaction Procedures
Redacted versions of sealed documents must be filed electronically within 7 days of the sealed filing.
When filing papers under seal, counsel shall follow the District Court's policy on Filing Sealed Civil Documents in CM/ECF and section G of the Administrative Procedures Governing Filing and Service by Electronic Means. A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.
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Page 2 | Papers Filed Under Seal
Redacted version of sealed documents must be filed electronically within 7 days.
When filing papers under seal, counsel shall follow the District Court’s policy on Filing Sealed Civil Documents in CM/ECF and section G of the Administrative Procedures Governing Filing and Service by Electronic Means. A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.
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Page 2 | Papers Filed Under Seal
Transcript sealing requires advance notice at proceeding start, followed by motion with highlighted complete transcript and proposed redacted version, plus good cause demonstration.
Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should the party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments: (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted; and (2) a copy of the proposed redacted/sealed transcript. With its request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosure of
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Page 2 | Papers Filed Under Seal
Transcript sealing/redaction requires motion with highlighted transcript and proposed redacted version.
Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should the party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments: (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted; and (2) a copy of the proposed redacted/sealed transcript. With its request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosure of
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Page 2 | Papers Filed Under Seal
ADR communications are confidential and not open to the public.
The contents of any written and oral statements made by the participants or their representatives during or in relation to a court-sponsored ADR proceeding, including any ADR-related telephonic or other communications made directly to the Court at any point in the case, are confidential. Disclosure of confidential ADR communications is prohibited, except as authorized by the Court or agreed to by the parties. The ADR process itself is confidential and not open to the public.
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Page 1 | Standing Order
ADR proceedings, communications, and mediation statements are confidential and must not be e-filed or docketed.
The contents of any written and oral statements made by the participants or their representatives during or in relation to a court-sponsored ADR proceeding, including any ADR-related telephonic or other communications made directly to the Court at any point in the case, are confidential. Disclosure of confidential ADR communications is prohibited, except as authorized by the Court or agreed to by the parties. The ADR process itself is confidential and not open to the public. Any communications regarding the ADR/mediation process, including but not limited to the scheduling or rescheduling of teleconferences or mediation dates, are not to be e-filed or docketed. Mediation statements are not to be e-filed or docketed.
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Page 1 | ALL MATTERS REFERRED TO A MAGISTRATE JUDGE FOR ALTERNATIVE DISPUTE RESOLUTION/MEDIATION
To seal a transcript, state intent at the start of the proceeding, then file a motion for sealing with highlighted and redacted transcript copies and good cause showing.
Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding. Should the party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments: (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted; and (2) a copy of the proposed redacted/sealed transcript. With its request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosure of ...
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Page 2 | Papers Filed Under Seal
When filing sealed documents, file a redacted version electronically within 7 days, following the District Court's sealed filing policy.
When filing papers under seal, counsel shall follow the District Court’s policy on Filing Sealed Civil Documents in CM/ECF and section G of the Administrative Procedures Governing Filing and Service by Electronic Means. A redacted version of any sealed document shall be filed electronically within seven (7) days of the filing of the sealed document.
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Page 2 | Papers Filed Under Seal
Filing Bundling Requirements
Separate briefing on in limine requests is prohibited; all arguments must be included in the pretrial order.
No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
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Page 5 | IX. Motions in Limine
Motions in limine must not be filed separately; they must be included in the proposed pretrial order.
Motions in limine shall not be separately filed.
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Page 5 | IX. Motions in Limine
Motions in limine must be bundled into the proposed pretrial order and not filed separately.
Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
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Page 18 | Motions in Limine
Motions in limine must be included in the proposed pretrial order and not filed separately; no separate briefing is allowed.
Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
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Page 12 | Motions in Limine
ADR/mediation communications must not be filed or docketed.
IT IS FURTHER ORDERED that any communications regarding the ADR/mediation process, including but not limited to the scheduling or rescheduling of teleconferences or mediation dates, are not to bee-filed or docketed. Such communications are to be made as designated or ordered by the Magistrate Judge. Mediation statements are not to bee-filed or docketed.
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Page 1 | Standing Order
When multiple parties support or oppose the same in limine request, they must combine into a single submission within the page limits.
If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three (3)-page single-spaced submission (and, if the moving party, a single one (1)-page single-spaced reply), unless otherwise ordered by the Court.
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Page 12 | Motions in Limine
Pre-Motion Conference Requirements
Motion for teleconference required for discovery disputes
The moving party (i.e., the party seeking relief from the Court) should also file a "Motion For Teleconference To Resolve Discovery Dispute." The suggested text for this motion can be found in Judge Burke's section of the Court's website, in the "Forms" tab, under the heading "Discovery Matters - Motion to Resolve Discovery Dispute."
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Page 7 | Motion for Teleconference
Parties must file a joint letter and a Motion For Teleconference to resolve discovery disputes after good faith meet-and-confer efforts.
Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a discovery matter or a dispute regarding a protective order (other than that involving the initial drafting of a protective order, which is discussed further below), the parties involved in the discovery matter or protective order dispute shall file a joint letter in substantially the following form: Dear Judge Burke: The parties in the above-referenced matter write to request the scheduling of a discovery teleconference. The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet-and-confer (in person and/or by telephone) on the following date(s): Delaware Counsel: ___________________ Lead Counsel: _______________________ The disputes requiring judicial attention are listed below: [provide here a non-argumentative list of disputes requiring judicial attention] iii. The moving party (i.e., the party seeking relief from the Court) should also file a "Motion For Teleconference To Resolve Discovery Dispute." The suggested text for this motion can be found in Judge Burke's section of the Court's website, in the "Forms" tab, under the heading "Discovery Matters - Motion to Resolve Discovery Dispute."
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Page 7 | Discovery Matters and Disputes Relating to Protective Orders
Joint letter required for discovery disputes after meet-and-confer
Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a discovery matter or a dispute regarding a protective order (other than that involving the initial drafting of a protective order, which is discussed further below), the parties involved in the discovery matter or protective order dispute shall file a joint letter in substantially the following form:
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Page 7 | Joint Letter Requirement
Parties unable to resolve initial protective order drafting disputes must file a joint letter requesting scheduling of a conference.
Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a dispute regarding the initial drafting of a protective order, the parties involved in the dispute shall file a joint letter in substantially the following form: Dear Judge Burke: The parties in the above-referenced matter write to request the scheduling of a
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Page 8 | Discovery Matters and Disputes Relating to Protective Orders
Briefing schedule for motions to amend: opposition due 7 days after filing, reply due 3 days after opposition.
Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter... Within three (3) days thereafter, the moving party may file a reply letter...
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Page 10 | Joinder of Other Parties and Amendment of Pleadings
Case dispositive motions under Rule 56 cannot be filed more than 10 days before deadline without leave.
No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.
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Page 14 | Case Dispositive Motions
Case dispositive motions in ANDA cases require party agreement and prior Court approval.
Absent agreement between the parties, and prior approval from the Court, the Court will not hear case dispositive motions in ANDA cases.
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Page 14 | Case Dispositive Motions
Early case dispositive motions require leave with 4-page letter brief; responsive briefs limited to 4 pages within 7 days; no reply briefs.
No early motions without leave. No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court. A party seeking leave to file a case dispositive motion prior to ten (10) days before the deadline set forth above shall do so by filing a motion and an accompanying letter brief with the Court of no more than four (4) single-spaced pages, explaining the reasons why an earlier-filed motion should be permitted. If any party wishes to contest this request, it may do so by filing a responsive letter brief of no more than four (4) single-spaced pages, within seven (7) days from the date the requesting party filed its brief. No reply briefs shall be filed.
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Discovery motions require pre-filing compliance: joint letter requesting teleconference, motion for teleconference, and briefing schedule set by court.
Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a discovery matter or a dispute regarding a protective order (other than that involving the initial drafting of a protective order, which is discussed further below), the parties involved in the discovery matter or protective order dispute shall file a joint letter in substantially the following form: [template]. The moving party (i.e., the party seeking relief from the Court) should also file a 'Motion For Teleconference To Resolve Discovery Dispute.' The Court will thereafter set a discovery dispute telephone conference and a briefing schedule.
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Page 5 | Discovery Matters and Disputes Relating to Protective Orders
Parties must file a joint letter and joint motion to request a teleconference for protective order disputes after failed meet-and-confer, with courtesy copy compliance required.
Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a dispute regarding the initial drafting of a protective order, the parties involved in the dispute shall file a joint letter in substantially the following form: Dear Judge Burke: The parties in the above-referenced matter write to request the scheduling of a teleconference to resolve a protective order dispute. The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet-and-confer (in person and/or by telephone) on the following date(s): Delaware Counsel: ___________________ Lead Counsel: _______________________ The disputes requiring judicial attention are listed below: [provide here a non-argumentative list of disputes requiring judicial attention] The parties shall also file a "Joint Motion For Teleconference To Resolve Protective Order Dispute." The suggested text for this motion can be found in Judge Burke's section of the Court's website, in the "Forms" tab, under the heading "Discovery Matters - Joint Motion to Resolve Protective Order Dispute." The Court will thereafter set a protective order dispute teleconference and a briefing schedule. Along with their respective letter briefs, each side should include as an attachment the side's proposal as to how the content of the disputed portion(s) of the protective order should read. The parties shall also comply with paragraph 5 regarding the submission of courtesy copies; if they fail to do so, the telephone conference may be cancelled.
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Page 7 | Protective Order Dispute Procedure
Early summary judgment motions (more than 10 days before the deadline) require leave of court.
No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.
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Page 10 | 11. Case Dispositive Motions
Court may order further briefing after teleconference or may resolve dispute before conference and cancel it.
Should the Court find further briefing necessary upon the conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference.
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Page 8 | Discovery Matters and Disputes Relating to Protective Orders
Chambers Communication Rules
Joint Claim Construction Chart must be emailed in Word format to chambers at Samantha_Miller@ded.uscourts.gov.
The Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously with filing to Samantha_Miller@ded.uscourts.gov.
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Page 12 | Claim Construction Issue Identification
Counsel must immediately advise the Court of any compliance problems to avoid sanctions.
To avoid the imposition of sanctions, counsel shall advise the Court immediately of any problems regarding compliance with this Order.
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Page 7
Parties may file a letter requesting a teleconference to address the motion to strike by the reply deadline.
Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to strike.
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Page 9 | 8. Motions to Strike
Parties may file a letter requesting a teleconference to address the motion to stay by the reply deadline.
Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to stay.
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Page 9 | 9. Motions to Stay
Parties must contact Judge Burke's Chambers by phone in advance of the mediation to address questions about timing or required participants.
If any party has questions about these timing requirements, they should contact Judge Burke’s Chambers by phone in advance of the mediation to address those questions.
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Page 1 | TIMING OF ARRIVAL AND DEPARTURE FROM MEDIATION
Junior Lawyer Participation Incentives
Judge encourages newer attorneys to argue motions they contributed to briefing for.
Recognizing the importance of the development of future generations of practitioners through courtroom opportunities, the undersigned Judge encourages the participation of newer attorneys in proceedings in my courtroom-particularly as to oral argument on motions where the newer attorney drafted or contributed significantly to the briefing for the motion.
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Page 1 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR NEWER ATTORNEYS
Parties must notify court if newer attorney will argue motion.
(1) After a motion is fully briefed, either as part of a Request for Oral Argument, or in a separate Notice filed thereafter, a party may alert the Court that, if argument is granted, it intends to have a newer attorney argue the motion (or a portion of the motion).
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Page 1 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR NEWER ATTORNEYS
Court will grant oral argument if practicable when newer attorney will argue.
(2) If such notice is provided, the Court will: (A) Grant the request for oral argument on the motion, if it is at all practicable to do so.
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Page 2 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR NEWER ATTORNEYS
Court draws no inference from decision not to have newer attorney argue.
The Court also recognizes that there may be many different circumstances in which it is not appropriate for a newer attorney to argue a motion. Thus, the Court emphasizes that it draws no inference from a party's decision not to have a newer attorney argue any particular motion before the Court.
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Page 2 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR NEWER ATTORNEYS
Court will consider allocating additional time for oral argument with newer attorney.
(B) Strongly consider allocating additional time for oral argument beyond what the Court may otherwise have allocated, were a newer attorney not arguing the motion.
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Page 2 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR NEWER ATTORNEYS
Court draws no inference about motion importance or merits based on newer attorney participation.
Additionally, the Court will draw no inference about the importance of a particular motion, or the merits of a party's argument regarding the motion, from the party's decision to have (or not to have) a newer attorney argue the motion.
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Page 2 | STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR NEWER ATTORNEYS