Judge Laura D. Hatcher
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Within One Hour
Letter, Brief, Appendix
- 2 copies • Upon Filing
Letter, Brief, Exhibits, Declaration, Affidavit
- 2 copies • Upon Filing
Pretrial Order
- 2 copies
Communication
Chambers
Chambers
Page & Word Limits15 rules
Machine summary. Not checked yet.Mandatory?
less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.
Summary: Opposition letters in discovery disputes are limited to 3 pages and must use 12-point font.
Letter
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on 202_. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on 202_. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on ,202_. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on 202_.
Summary: Claim construction briefs have page limits: opening 20 pages, answering 30 pages, reply 20 pages, sur-reply 10 pages. Briefs are served but not filed until the joint brief is filed.
Opening Brief
20 pages
Applies to: Attorney
Answering Brief
30 pages
Applies to: Attorney
Reply Brief
20 pages
Applies to: Attorney
Sur Reply Brief
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Any motion for summary judgment shall be accompanied by a separate concise statement of facts, 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) and as to which the moving party contends there is no genuine issue to be tried.
Summary: Concise statement of facts for summary judgment is limited to 6 pages.
Concise Statement Of Facts
6 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, which admits or disputes the facts set forth in the moving party’s concise statement on a paragraph-by-paragraph basis.
Summary: Response to concise statement is limited to 6 pages.
Response To Concise Statement
6 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
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: Case dispositive plus Daubert motions: 50 pages opening, 50 pages answering, 25 pages reply per side.
Opening Brief
50 pages
Applies to: Attorney
Answering Brief
50 pages
Applies to: Attorney
Reply Brief
25 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
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's statement of facts limited to 4 pages.
Opposition
4 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: Moving party's reply statement of facts limited to 4 pages and must respond paragraph-by-paragraph.
Reply
4 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
each side will be limited to a combined total of 40 pages for all opening briefs, a combined total of 40 pages for all answering briefs, and a combined total of 20 pages for all reply briefs regardless of the number of case dispositive motions that are filed.
Summary: Case dispositive motions: 40 pages opening, 40 pages answering, 20 pages reply per side.
Opening Brief
40 pages
Applies to: Attorney
Answering Brief
40 pages
Applies to: Attorney
Reply Brief
20 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
each in limine request may be supported by a maximum of three pages of argument, may be opposed by a maximum of three pages of argument, and the side making the in limine request may add a maximum of one additional page in reply in support of its request.
Summary: In limine argument: 3 pages support, 3 pages opposition, 1 page reply.
In Limine Support
3 pages
Applies to: Attorney
In Limine Opposition
3 pages
Applies to: Attorney
In Limine Reply
1 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three-page submission (and, if the moving party, a single one-page reply), unless otherwise ordered by the Court.
Summary: Multiple parties supporting/opposing an in limine request must combine into a single 3-page submission (or 1-page reply).
Combined Support Opposition
3 pages
Applies to: Attorney
Combined Reply
1 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered by the Court, all sides are limited to a maximum of 20 pages of opening briefs, 20 pages of answering briefs, and 10 pages of reply briefs relating to any post-trial motions filed by the side, no matter how many such motions are filed.
Summary: Post-trial motion briefs limited to 20 pages (opening/answering) and 10 pages (reply).
Opening Brief
20 pages
Answering Brief
20 pages
Reply Brief
10 pages
Machine summary. Not checked yet.Mandatory?
the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues. ... any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.
Summary: Pre-motion letters for discovery disputes are limited to 3 pages each for moving and opposing parties.
Letter
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Any motion for summary judgment shall be accompanied by a separate concise statement of facts, 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) and as to which the moving party contends there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record. 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. 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. Each fact asserted by the opposing party shall also be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record. 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: Summary judgment concise statements limited to 6 pages for moving statement and opposition response, 4 pages for opposition additional statement and reply.
Summary Judgment Moving Concise Statement
6 pages
Applies to: Attorney
Summary Judgment Opposition Response
6 pages
Applies to: Attorney
Summary Judgment Opposition Additional Statement
4 pages
Applies to: Attorney
Summary Judgment Reply Concise Statement
4 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
each in limine request may be supported by a maximum of three pages of argument, may be opposed by a maximum of three pages of argument, and the side making the in limine request may add a maximum of one 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-page submission (and, if the moving party, a single one-page reply), unless otherwise ordered by the Court.
Summary: Motions in limine support limited to 3 pages, opposition 3 pages, reply 1 page; combined submissions for multiple parties limited similarly.
In Limine Support
3 pages
Applies to: Attorney
In Limine Opposition
3 pages
Applies to: Attorney
In Limine Reply
1 pages
Applies to: Attorney
Machine summary. Not checked yet.Important?
Each side shall be limited to three in limine requests, unless otherwise permitted by the Court.
Summary: Each side limited to three in limine requests.
Motion In Limine
3 pages
Applies to: Attorney
Document Format Requirements9 rules
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courtesy copies shall be double-sided.
Summary: Courtesy copies must be double-sided.
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The Joint Claim Construction Chart, in Word format, should be emailed simultaneously with filing to Magistrate Judge Hatcher's chambers at Idh_civil@ded.uscourts.gov.
Summary: The Joint Claim Construction Chart must be in Word format and emailed to chambers simultaneously with filing.
DOCX
Machine summary. Not checked yet.Important?
the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues. ... any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.
Summary: Pre-motion letters must be in 12-point font.
Machine summary. Not checked yet.Important?
The parties shall simultaneously submit the documents in Word format via email to the trial judge’s staff at ldh_civil@ded.uscourts.gov.
Summary: Proposed voir dire, jury instructions, and verdict forms must be submitted in Word format via email to ldh_civil@ded.uscourts.gov.
DOCX
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Where possible, the parties are encouraged to excerpt voluminous documents that are included as exhibits or attachments.
Summary: Parties are encouraged to excerpt voluminous exhibits.
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Exhibits and attachments shall be separated by tabs.
Summary: Exhibits and attachments must be separated by tabs.
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The parties should highlight the portions of the exhibits and attachments that they wish the Court to read.
Summary: Parties should highlight relevant portions of exhibits and attachments.
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in 12-point font
Summary: Pre-motion letter must be in 12-point font.
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seven days before the pretrial conference. The parties shall simultaneously submit the documents in Word format via email to the trial judge’s staff at Idh_civil@ded.uscourts.gov.
Summary: Pretrial documents must be submitted in Word format.
DOCX
Document Filing Requirements23 rules
Machine summary. Not checked yet.Mandatory?
This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; 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: Pre-motion letter must include a proposed order and exhibits containing disputed discovery requests and responses.
Document Type
Letter
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 submit a joint letter by the claim construction brief due date, stating whether they request testimony, time allocation, and order of presenting terms.
Document Type
Joint 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 contain the certificate of conference required by Local Rule 7.1.1.
Document Type
Non Dispositive Motion
Machine summary. Not checked yet.Mandatory?
Within seven days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly file a form of order to enter judgment on the verdict.
Summary: Parties must jointly file a form of order to enter judgment on the verdict within seven days.
Document Type
Order
Machine summary. Not checked yet.Mandatory?
At the same time, the parties shall file a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file.
Summary: Parties must file a joint status report indicating case progression and post-trial motions.
Document Type
Status Report
Machine summary. Not checked yet.Mandatory?
Any proposed protective order must include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that information may be relevant and subject to disclosure in another case. Any person or party subject to this order who becomes subject to a motion to disclose another party's information designated "confidential" [the parties should list any other level of designation, such as "highly confidential," which may be provided for in the protective order] pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.
Summary: Any proposed protective order must include a paragraph regarding other proceedings.
Document Type
Protective Order
Machine summary. Not checked yet.Mandatory?
Any motion to amend shall attach the proposed amended pleading as a well as a redline comparison to the prior pleading.
Summary: Motions to amend must attach the proposed amended pleading and a redline comparison.
Document Type
Motion To Amend
Machine summary. Not checked yet.Mandatory?
Any motion to strike shall attach the document sought to be stricken.
Summary: Motions to strike must attach the document sought to be stricken.
Document Type
Motion To Strike
Machine summary. Not checked yet.Mandatory?
This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; 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: Pre-motion letters must include a proposed order and copies of disputed discovery requests and responses.
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 certificate of conference required by Local Rule 7.1.1.
Document Type
Non Dispositive Motion
Machine summary. Not checked yet.Important?
Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart and, instead, the parties shall include a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy of the patent(s) at issue and portions of all relevant intrinsic evidence that would have otherwise been included with the joint claim construction chart, as well as any additional evidence cited in the parties' briefing.
Summary: Intrinsic evidence must not be attached to the Joint Claim Construction Chart; it must be included in a joint appendix with the brief.
Document Type
Claim Construction Chart
Machine summary. Not checked yet.Important?
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: Response to concise statement must respond paragraph-by-paragraph with record citations; failure to respond admits fact.
Document Type
Response To Concise Statement
Machine summary. Not checked yet.Important?
Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
Summary: Concise statement of facts must have numbered paragraphs and record citations.
Document Type
Concise Statement Of Facts
Machine summary. Not checked yet.Important?
Each fact asserted by the opposing party shall also be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
Summary: Opposing party's statement of facts must have numbered paragraphs with specific record citations.
Document Type
Statement Of Facts
Machine summary. Not checked yet.Important?
Where a case is to be tried to a jury, pursuant to Local Rules 47.1 and 51.1 the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms
Summary: Parties must file proposed voir dire, preliminary and final jury instructions, and special verdict forms for jury trials.
Document Type
Jury Trial Documents
Machine summary. Not checked yet.Important?
The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered.
Summary: Proposed final pretrial order must include a table of contents and numbered paragraphs.
Document Type
Pretrial Order
Machine summary. Not checked yet.Important?
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.
Summary: Opposition response must admit or dispute each fact on a paragraph-by-paragraph basis.
Document Type
Summary Judgment Opposition Response
Machine summary. Not checked yet.Important?
Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
Summary: Summary judgment concise statement must have each fact in a separate numbered paragraph with specific citations.
Document Type
Summary Judgment Concise Statement
Machine summary. Not checked yet.Important?
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: Moving party's reply must respond to opposing party's concise statement on a paragraph-by-paragraph basis.
Document Type
Summary Judgment Reply Concise Statement
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The in limine request and any response shall contain the authorities relied upon;
Summary: Motions in limine must include authorities relied upon.
Document Type
Motion In Limine
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On 202_, counsel shall file a joint letter with the Court with an interim report on the nature of the matters in issue and the progress of discovery to date.
Summary: Counsel must file a joint interim status report on a specified date.
Document Type
Interim Status Report
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Each side shall be limited to three in limine requests, unless otherwise permitted by the Court.
Summary: Each side limited to three in limine requests.
Document Type
Motion In Limine
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The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered.
Summary: Proposed final pretrial order must include a table of contents and numbered paragraphs.
Document Type
Pretrial Order
Filing & Service rules
Filing Timing and Cure Windows
Proposed protective order must be submitted within 10 days of entry of this 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 submit it to the Court within ten days from the date the Court enters this Order.
Machine summary. Not checked yet. · Civil cases
Page 1 | Application to Court for Protective Order
A redacted version of any sealed document must be filed electronically within 7 days of the sealed filing.
In accordance with section G of the Revised Administrative Procedures Governing File and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
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Page 2 | Papers Filed Under Seal
Motion for sealing/redaction of transcript must be filed promptly after transcript completion.
Should any 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
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Page 2 | Papers Filed Under Seal
Pre-motion letter must be filed at least 72 hours before the conference, excluding weekends and holidays.
On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter
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Page 6 | Discovery Matters and Disputes Relating to Protective Orders
Technology tutorials must be submitted on or before the date the Joint Claim Construction Brief is filed.
Technology tutorials shall be submitted on or before the date that the Joint Claim Construction Brief is filed.
Machine summary. Not checked yet. · Civil cases
Page 7 | 9. Technology Tutorials
Opposition letters must be filed less than 48 hours before the conference, excluding weekends and holidays.
less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.
Machine summary. Not checked yet. · Civil cases
Page 7 | Discovery Dispute Procedure
The Joint Claim Construction Brief must be filed by a specified date.
No later than 202_, the parties shall file a Joint Claim Construction Brief.
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Page 8 | 11. Claim Construction Briefing
Parties must supplement identification of accused products and invalidity references by the specified date, unless otherwise agreed and approved.
Absent agreement among the parties, and approval of the Court, no later than [date], the parties must finally supplement, inter alia, the identification of all accused products and of all invalidity references.
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Page 10 | Supplementation
Case dispositive motions and supporting documents must be filed by the specified deadline; Rule 56 motions cannot be filed more than 10 days before that deadline without leave.
All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be filed on or before [date]. Briefing shall be presented pursuant to the Court’s Local Rules. No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court.
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Page 10 | Case Dispositive Motions
Joint proposed final pretrial order must be filed at least 7 days before the pretrial conference.
The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) and the Court's Preferences and Procedures for Civil Cases not later than seven days before the pretrial conference.
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Page 12 | 7. Pretrial Conference
Within seven days after verdict, parties must file a form of order and a joint status report.
Within seven days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly file a form of order to enter judgment on the verdict. At the same time, the parties shall file a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file.
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Page 13 | Post-Trial Status Report
Pretrial documents must be submitted seven days before the conference in Word format via email.
seven days before the pretrial conference. The parties shall simultaneously submit the documents in Word format via email to the trial judge’s staff at Idh_civil@ded.uscourts.gov.
Machine summary. Not checked yet. · Civil cases
Page 13 | Pretrial Conference
Proposed protective order must be submitted within 10 days of entry of 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 submit it to the Court within ten days from the date the Court enters this Order.
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Page 1 | 3. Application to Court for Protective Order
Redacted version of sealed document must be filed electronically within 7 days of filing the sealed document.
In accordance with section G of the Revised Administrative Procedures Governing File and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
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Page 2 | 4. Papers and Proceedings Under Seal
Daubert motions must be filed by the dispositive motions deadline.
To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.
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Page 5 | Objections to Expert Testimony
Case dispositive motions must be filed by a specified deadline; summary judgment motions cannot be filed more than 10 days before that deadline without court leave.
All case dispositive motions, opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before 2020_ [calculated so that briefing is completed approximately four months prior to the pretrial conference]. ... No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court.
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Page 7
Proposed voir dire, preliminary and final jury instructions, and special verdict forms must be filed seven days before the pretrial conference.
the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms seven days before the pretrial conference.
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Page 9
Joint proposed final pretrial order must be filed no later than seven days before the pretrial conference.
The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) not later than seven days before the pretrial conference.
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Page 9
Service and Proof of Service Rules
Claim construction briefs must be served but not filed individually; they are later combined into a joint brief.
The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on 202_. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on 202_. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on ,202_. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on 202_.
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Page 8 | 11. Claim Construction Briefing
Courtesy Copy Requirements
Courtesy copies must be submitted within one hour of e-filing.
Courtesy copies shall be submitted within one hour of e-filing. See Paragraph 5.
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Page 7 | iv.
Two double-sided courtesy copies of the proposed final pretrial order and attachments must be provided to the Court.
The parties shall provide the Court two double-sided courtesy copies of the joint proposed final pretrial order and all attachments.
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Page 12 | 7. Pretrial Conference
Parties must provide two courtesy copies of all letters, briefs, and appendices to the Court.
The parties shall provide to the Court two courtesy copies of all letters, briefs, and any other document filed in support of any briefs (i.e., appendices).
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Page 2 | 5. Courtesy Copies
Courtesy copies must be submitted within one hour of e-filing.
Courtesy copies shall be submitted within one hour of e-filing. See Paragraph 5.
Machine summary. Not checked yet. · Civil cases
Page 6 | Discovery Matters and Disputes Relating to Protective Orders
Two double-sided courtesy copies of the joint proposed final pretrial order and attachments must be provided to the Court.
The parties shall provide the Court two double-sided courtesy copies of the joint proposed final pretrial order and all attachments.
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Page 9
Parties must provide two courtesy copies of all letters, briefs, and supporting documents to the Court; also applies to sealed papers.
The parties shall provide to the Court two courtesy copies of all letters, 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.
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Page 2 | Courtesy Copies
Sealing & Redaction Procedures
Parties must seek leave of Court to file documents under seal unless a protective order is in place.
Absent a protective order, any party who wishes to file a document under seal must seek leave of Court to do so.
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Page 2 | Papers Filed Under Seal
Parties must note intent to seal transcript at start of proceeding, then file a motion for sealing/redaction promptly after transcript completion, with highlighted and proposed redacted transcripts, and demonstrate good cause.
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 any 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 their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosures of the redacted material would work a clearly defined and serious injury to the party seeking redaction.
Machine summary. Not checked yet. · Civil cases
Page 2 | Papers Filed Under Seal
Parties must note intent to seal transcript at start of proceeding; if later seeking sealing, must file motion with highlighted and proposed redacted transcripts and show good cause.
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 any 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 their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosures of the redacted material would work a clearly defined and serious injury to the party seeking redaction.
Machine summary. Not checked yet. · Civil cases
Page 2 | 4. Papers and Proceedings Under Seal
Parties must seek leave of Court before filing any document under seal.
Absent a protective order, any party who wishes to file a document under seal must seek leave of Court to do so.
Machine summary. Not checked yet. · Civil cases
Page 2 | 4. Papers and Proceedings Under Seal
Filing Bundling Requirements
Motions in limine must be included in the proposed pretrial order, 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.
Machine summary. Not checked yet. · Civil cases
Page 11 | 6. Motions in Limine
Separate briefing on in limine requests is prohibited.
No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
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Page 12 | 6. Motions in Limine
Motions in limine must be included in the proposed pretrial order, 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 8
The parties must combine their individual claim construction briefs into a single joint brief.
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.
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Page 8 | 11. Claim Construction Briefing
Materials submitted in an appendix must be filed in a joint appendix.
If there are any materials that would be submitted in an appendix, the parties shall file them in a joint appendix.
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Page 9 | Claim Construction
Pre-Motion Conference Requirements
Discovery motions require a pre-motion conference procedure: file a motion for teleconference, then submit a 3-page letter with proposed order and exhibits at least 72 hours before the conference.
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 — which must include 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, the moving party (i.e., the party seeking relief from the Court) should file a 'Motion for Teleconference To Resolve [Discovery/Protective Order] Disputes.' ... On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues.
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Page 6 | Discovery Matters and Disputes Relating to Protective Orders
Discovery motions require a pre-motion conference; must file a Motion for Teleconference before filing a discovery motion.
Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. ... the moving party (i.e., the party seeking relief from the Court) should file a 'Motion for Teleconference To Resolve [Discovery/Protective Order] Disputes.' The Court will thereafter order a telephone conference and deadlines for submissions.
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Page 5 | Discovery Matters and Disputes Relating to Protective Orders
Motions to amend or strike must follow the discovery dispute procedure (pre-motion conference).
Any motion to amend (including a motion for leave to amend) a pleading, or any motion to strike any pleading shall be made pursuant to the discovery dispute procedure set forth in Paragraph 6(g), above.
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Page 6 | Motions to Amend or Strike
Chambers Communication Rules
Proposed voir dire, jury instructions, and verdict forms must be submitted via email to ldh_civil@ded.uscourts.gov.
The parties shall simultaneously submit the documents in Word format via email to the trial judge’s staff at ldh_civil@ded.uscourts.gov.
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Page 9
The Joint Claim Construction Chart must be emailed to Magistrate Judge Hatcher's chambers at Idh_civil@ded.uscourts.gov simultaneously with filing.
The Joint Claim Construction Chart, in Word format, should be emailed simultaneously with filing to Magistrate Judge Hatcher's chambers at Idh_civil@ded.uscourts.gov.
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Page 7 | 10. Claim Construction Issue Identification
Pretrial documents must be submitted via email to chambers.
seven days before the pretrial conference. The parties shall simultaneously submit the documents in Word format via email to the trial judge’s staff at Idh_civil@ded.uscourts.gov.
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Page 13 | Pretrial Conference