Judge Mary Pat Thynge
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- 2 copies • Upon Filing
Brief, Appendix, Exhibit, Declaration, Affidavit
- 2 copies • Upon Filing
Brief, Appendix, Exhibits
- 2 copies • Upon Filing
Brief, Supporting Document
- 2 copies • Upon Filing
Communication
Chambers
Letter via ECF
Chambers
Phone
Chambers
Letter via fax
Chambers
Page & Word Limits22 rules
Machine summary. Not checked yet.Mandatory?
The mediation statements may be in memorandum or letter form. They must be double-spaced, single-sided, in no less than a 12-point font, and no longer than fifteen (15) / twenty (20) pages.
Summary: Mediation statements are limited to 15-20 pages.
Mediation Statement
20 pages
Machine summary. Not checked yet.Mandatory?
Not less than forty-eight (48) hours prior to the conference, excluding weekends and Court holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining that party’s reason for its opposition and any proposed solutions.
Summary: Opposing party's discovery teleconference letter limited to 4 pages, double-spaced, 12 point font, filed at least 48 hours before conference.
Discovery Letter Opposing
4 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Not less than seventy-two (72) hours prior to the conference, excluding weekends and Court holidays, the party seeking relief shall file a letter with the Court, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining the issues in dispute and its position on those issues, including proposed solutions.
Summary: Moving party's discovery teleconference letter limited to 4 pages, double-spaced, 12 point font, filed at least 72 hours before conference.
Discovery Letter Moving
4 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three (3) pages of argument, and the side making the in limine request may add a maximum of one (1) additional page in reply in support of its request.
Summary: In limine requests limited to 3 pages for support and opposition, and 1 page for reply.
Motion In Limine Support
3 pages
Applies to: Attorney
Motion In Limine Opposition
3 pages
Applies to: Attorney
Motion In Limine Reply
1 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 ___________,20__.
Summary: Plaintiff's reply brief limited to 20 pages.
Reply Brief
20 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Defendant shall serve, but not file, its answering brief, not to exceed 30 pages on ___________, 20__.
Summary: Defendant's answering brief limited to 30 pages.
Answering Brief
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 ___________, 20__. Defendant shall serve, but not file, its answering brief, not to exceed 30 pages on ___________, 20__. Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on ___________,20__. Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on ___________, 20__.
Summary: Claim construction briefing has specific page limits: opening 20 pages, answering 30 pages, reply 20 pages, sur-reply 10 pages.
Opening Brief
20 pages
Opposition
30 pages
Reply
20 pages
Sur Reply
10 pages
Machine summary. Not checked yet.Mandatory?
Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on ___________, 20__.
Summary: Defendant's sur-reply brief limited to 10 pages.
Sur Reply Brief
10 pages
Machine summary. Not checked yet.Mandatory?
Page limits. Unless otherwise ordered by the Court, all sides are limited to a maximum of thirty (30) pages of opening briefs, thirty (30) pages of answering briefs, and fifteen (15) pages of reply briefs relating to any case dispositive and Daubert motions filed by a side, no matter how many such motions are filed.
Summary: Page limits for case dispositive and Daubert motions: 30 pages opening, 30 pages answering, 15 pages reply.
Opening Brief
30 pages
Answering Brief
30 pages
Reply Brief
15 pages
Machine summary. Not checked yet.Mandatory?
The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three (3) pages of argument, and the side making the in limine request may add a maximum of one (1) additional page in reply in support of its request.
Summary: In limine requests limited to 3 pages of argument, responses limited to 3 pages, and replies limited to 1 page.
In Limine Request
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three (3) pages of argument, and the side making the in limine request may add a maximum of one (1) additional page in reply in support of its request.
Summary: In limine request responses limited to 3 pages of argument.
In Limine Response
3 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
the side making the in limine request may add a maximum of one (1) additional page in reply in support of its request.
Summary: In limine request replies limited to 1 page.
In Limine 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 twenty (20) pages of opening briefs, twenty (20) pages of answering briefs, and ten (10) pages of reply briefs relating to any post-trial motions filed by one side, no matter how many such motions are filed.
Summary: Post-trial motions limited to 20 pages for opening and answering briefs, 10 pages for reply briefs.
Post Trial Motion
20 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered by the Court, all sides are limited to a maximum of thirty (30) pages of opening briefs, thirty (30) pages of answering briefs, and fifteen (15) pages of reply briefs relating to any case dispositive and Daubert motions filed by a side, no matter how many such motions are filed.
Summary: Page limits for case dispositive and Daubert motion briefs: 30 pages for opening and answering briefs, 15 pages for reply briefs, aggregated per side regardless of number of motions.
Opening Brief
30 pages
Applies to: Attorney
Opposition
30 pages
Applies to: Attorney
Reply
15 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Not less than seventy-two (72) hours prior to the conference, excluding weekends and Court holidays, the party seeking relief shall file a letter with the Court, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining the issues in dispute and its position on those issues, including proposed solutions.
Summary: Discovery conference letters are limited to 4 pages, double-spaced, 12-point font minimum.
Letter
4 pages
Machine summary. Not checked yet.Mandatory?
Not less than forty-eight (48) hours prior to the conference, excluding weekends and Court holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining that party's reason for its opposition and any proposed solutions.
Summary: Opposing party's discovery conference letter limited to 4 pages, double-spaced, 12-point font.
Letter
4 pages
Machine summary. Not checked yet.Mandatory?
Unless otherwise ordered by the Court, all sides are limited to a maximum of twenty (20) pages of opening briefs, twenty (20) pages of answering briefs, and ten (10) pages of reply briefs relating to any post-trial motions filed by one side, no matter how many such motions are filed.
Summary: Post-trial motion briefs limited to 20 pages opening, 20 pages answering, and 10 pages reply regardless of number of motions.
Opening Brief
20 pages
Answering Brief
20 pages
Reply Brief
10 pages
Machine summary. Not checked yet.Mandatory?
Each party shall be limited to three (3) in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon; each in limine request may be supported by a maximum of three (3) pages of argument, may be opposed by a maximum of three (3) pages of argument, and the side 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. No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
Summary: In limine requests limited to 3 per party with strict page limits: 3 pages support, 3 pages opposition, 1 page reply; multiple parties must combine submissions.
In Limine Request
3 pages
In Limine Opposition
3 pages
In Limine Reply
1 pages
Machine summary. Not checked yet.Mandatory?
Not less than forty-eight (48) hours prior to the conference, excluding weekends and Court holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining that party's reason for its opposition and any proposed solutions.
Summary: Opposing party's pre-conference letter is limited to 4 pages, double-spaced, 12-point font, due 48 hours before conference.
Letter
4 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Not less than seventy-two (72) hours prior to the conference, excluding weekends and Court holidays, the party seeking relief shall file a letter with the Court, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining the issues in dispute and its position on those issues, including proposed solutions.
Summary: Moving party's pre-conference letter is limited to 4 pages, double-spaced, 12-point font, due 72 hours before conference.
Letter
4 pages
Applies to: Attorney
Machine summary. Not checked yet.Note?
Counsel shall provide a list of the teleconference participants, by including the list on a separate page with the letters. This list will not count as part of the page limitation for the letter submission.
Summary: Participant list for discovery teleconference is excluded from the 4-page letter limit.
Letter
Machine summary. Not checked yet.Note?
Counsel shall provide a list of the teleconference participants, by including the list on a separate page with the letters. This list will not count as part of the page limitation for the letter submission.
Summary: Teleconference participant list is excluded from the 4-page letter limit.
Letter
Document Format Requirements5 rules
Machine summary. Not checked yet.Mandatory?
The mediation statements may be in memorandum or letter form. They must be double-spaced, single-sided, in no less than a 12-point font, and no longer than fifteen (15) / twenty (20) pages. PAGES MUST BE NUMBERED.
Summary: Mediation statements must be double-spaced, single-sided, 12-point font, maximum 15-20 pages, with numbered pages.
Machine summary. Not checked yet.Mandatory?
The mediation statements may be in memorandum or letter form. They must be double-spaced, single-sided, in no less than a 12-point font, and no longer than fifteen (15) / twenty (20) pages. PAGES MUST BE NUMBERED.
Summary: Mediation statements must be double-spaced, single-sided, 12-point font, 15-20 pages max, numbered
Paper
Machine summary. Not checked yet.Important?
Crucial or pertinent documents may be submitted as exhibits to the mediation statement. Exhibits shall also be single-sided only and must be tabbed.
Summary: Mediation statement exhibits must be single-sided and tabbed.
Machine summary. Not checked yet.Important?
double-spaced in no less than 12 point font
Summary: Discovery teleconference letters must be double-spaced with at least 12 point font.
Machine summary. Not checked yet.Note?
Crucial or pertinent documents may be submitted as exhibits to the mediation statement. Exhibits shall also be single-sided only and must be tabbed.
Summary: Mediation statement exhibits must be single-sided and tabbed.
Document Filing Requirements39 rules
Machine summary. Not checked yet.Mandatory?
No later than the date on which the mediation statements are due (see ¶ 4 below), counsel shall submit a list of all participants, including attorney and non-attorney representatives, who will be attending the mediation on behalf of their party, to the opposing party or parties.
Summary: Counsel must exchange participant lists with opposing parties by mediation statement deadline
Document Type
Mediation Statement
Machine summary. Not checked yet.Mandatory?
No later than the date on which mediation statements are due (see ¶ 4 below), counsel shall email to the court in a writing separate from the mediation statement for each attorney who will be participating in the mediation teleconference: (i) a
Summary: Counsel must email court with attorney email addresses by mediation statement deadline
Document Type
Mediation Statement
Machine summary. Not checked yet.Mandatory?
On or before ___day, ______ __, 2022 by no later than 3:30 p.m., AN ORIGINAL and ONE COPY of a confidential mediation statement containing all of the information required by ¶ 6 shall be submitted ONLY to the Chief Magistrate Judge.
Summary: Mediation statements require an original and one copy submitted to the Chief Magistrate Judge.
Document Type
Mediation Statement
Machine summary. Not checked yet.Mandatory?
Mediation statements shall NOT be electronically filed since they are not part of the Court record.
Summary: Mediation statements must not be electronically filed.
Document Type
Mediation Statement
Machine summary. Not checked yet.Mandatory?
The mediation statements shall not be filed with the Clerk's Office, nor emailed to Chambers, but shall be delivered to the Clerk's Office in an envelope addressed to Chief U. S. Magistrate Judge Mary Pat Thynge and marked 'CONFIDENTIAL MEDIATION STATEMENT.'
Summary: Mediation statements must be delivered to the Clerk's Office in a marked envelope, not filed or emailed.
Document Type
Mediation Statement
Machine summary. Not checked yet.Mandatory?
On or before ___day, ______ __, 2022 by no later than 3:30 p.m., AN ORIGINAL and ONE COPY of a confidential mediation statement containing all of the information required by ¶ 6 shall be submitted ONLY to the Chief Magistrate Judge. The mediation statements shall not be filed with the Clerk's Office, nor emailed to Chambers, but shall be delivered to the Clerk's Office in an envelope addressed to Chief U. S. Magistrate Judge Mary Pat Thynge and marked "CONFIDENTIAL MEDIATION STATEMENT." The statements shall not be exchanged among the parties or counsel (unless the parties so desire), shall not be provided to the trial judge, and shall not become part of the record in this matter. Mediation statements shall NOT be electronically filed since they are not part of the Court record.
Summary: Mediation statements must be delivered to Clerk's Office by 3:30 PM deadline, marked confidential, not filed electronically
Document Type
Mediation Statement
Machine summary. Not checked yet.Mandatory?
All counsel are reminded of their obligations to read and comply with this Order. Delaware counsel are reminded of their obligations to inform out-of-state counsel of this Order. To avoid the imposition of sanctions, counsel shall advise the Court immediately of any problems regarding compliance with this Order.
Summary: Counsel must comply with order and immediately report compliance problems to avoid sanctions
Document Type
Mediation Order Compliance
Machine summary. Not checked yet.Mandatory?
Any non-dispositive motion shall 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.Mandatory?
Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, after holding a verbal meet-and-confer and making a reasonable effort to reach agreement with the opposing party on the matters or dispute, the party seeking relief from the Court shall file a Motion for Discovery requesting a teleconference to resolve the discovery or protective order dispute. The Motion shall include the following information: • A list of no more than three (3) discovery or protective order matters for resolution; • The date(s) of the verbal meet-and-confer between the parties; • The format of the meet-and-confer (e.g., in person or by telephone); • The identity of counsel (including at least one Delaware Counsel and at least one Lead Counsel per party) who participated in the meet-and-confer; and • At least three dates on which the parties are jointly available for a teleconference
Summary: Motion for Discovery teleconference must include list of up to 3 matters, meet-and-confer details, counsel identities, and joint available dates.
Document Type
Motion For Discovery Teleconference
Machine summary. Not checked yet.Mandatory?
Not less than seventy-two (72) hours prior to the conference, excluding weekends and Court holidays, the party seeking relief shall file a letter with the Court, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining the issues in dispute and its position on those issues, including proposed solutions.
Summary: Letter (max 4 pages, 12pt font, double-spaced) required 72 hours before discovery teleconference
Document Type
Letter
Machine summary. Not checked yet.Mandatory?
Not less than forty-eight (48) hours prior to the conference, excluding weekends and Court holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining that party’s reason for its opposition and any proposed solutions.
Summary: Opposition letter (max 4 pages, 12pt font, double-spaced) required 48 hours before discovery teleconference
Document Type
Letter
Machine summary. Not checked yet.Mandatory?
Court Reporter. The parties shall arrange for a court reporter for all hearings and proceedings including, but not limited to, scheduling conferences, status conferences, discovery and protective order disputes, hearings, pretrial conference, and trial.
Summary: Court reporter required for all hearings and proceedings
Document Type
Court Reporter Arrangement
Machine summary. Not checked yet.Mandatory?
(e) By ____________, 20__, Plaintiff shall provide final infringement contentions.
Summary: Plaintiff must provide final infringement contentions by specific date
Document Type
Final Disclosure
Machine summary. Not checked yet.Mandatory?
Disclosures. Absent agreement among the parties, and approval of the Court: (a) By ____________, 20__, Plaintiff shall identify the accused product(s), including accused methods and systems, and its damages model, as well as the asserted file history for each asserted patent.
Summary: Plaintiff must disclose accused products and damages model by specific date
Document Type
Initial Disclosure
Machine summary. Not checked yet.Mandatory?
Interim Status Report. On ____________, 20__, counsel shall submit a joint interim report to the Court on the nature of the matters in issue and the progress of discovery to date.
Summary: Joint interim status report required by specific date
Document Type
Interim Status Report
Machine summary. Not checked yet.Mandatory?
(b) By ____________, 20__, Defendant shall produce core technical documents related to the accused product(s), sufficient to show how the accused product(s) work(s), including but not limited to non-publicly available operation manuals, product literature, schematics, and specifications. Defendant shall also produce sales figures for the accused product(s).
Summary: Defendant must produce technical documents and sales figures by specific date
Document Type
Initial Disclosure
Machine summary. Not checked yet.Mandatory?
(c) By ____________, 20__, Plaintiff shall produce an initial claim chart relating each known accused product to the asserted claims each such product allegedly infringes.
Summary: Plaintiff must produce initial claim chart by specific date
Document Type
Initial Disclosure
Machine summary. Not checked yet.Mandatory?
(d) By ____________, 20__, Defendant shall produce its initial invalidity contentions for each asserted claim, as well as the known related invalidating references.
Summary: Defendant must produce initial invalidity contentions by specific date
Document Type
Initial Disclosure
Machine summary. Not checked yet.Mandatory?
(f) By ____________, 20__, Defendant shall provide final invalidity contentions.
Summary: Defendant must provide final invalidity contentions by specific date
Document Type
Final Disclosure
Machine summary. Not checked yet.Mandatory?
Detailed Citation Required. Any reference to exhibits in the briefs must refer to the specific pages of the exhibit proffered in support of a party's argument. If the exhibit is a deposition, both the page and line numbers must be specified.
Summary: Exhibits must be cited with specific page and line numbers (depositions require both page and line).
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
The parties shall file with the Court a joint proposed final pretrial order that includes a table of contents and the matter described in Local Rule 16.3(c) on or before ____________, 20__ [at least seven (7) days prior to the pretrial conference].
Summary: Joint proposed final pretrial order must include table of contents and matters described in Local Rule 16.3(c).
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
Any reference to exhibits in the briefs must refer to the specific pages of the exhibit proffered in support of a party's argument. If the exhibit is a deposition, both the page and line numbers must be specified.
Summary: Briefs must cite specific pages of exhibits; deposition citations must include page and line numbers.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
For disputes related to the protective order, the submissions shall include the party's proposal of the content for the disputed portion(s) only of the protective order.
Summary: Submissions in protective order disputes must include the party's proposed content for the disputed portions only.
Document Type
Protective Order Motion
Machine summary. Not checked yet.Mandatory?
The Motion shall include the following information: • A list of no more than three (3) discovery or protective order matters for resolution; • The date(s) of the verbal meet-and-confer between the parties; • The identity of counsel (including at least one Delaware Counsel and at least one Lead Counsel per party) who participated in the meet-and-confer; and • At least three dates on which the parties are jointly available for a teleconference
Summary: Motion for Discovery must include list of up to 3 matters, meet-and-confer dates, participating counsel identities, and 3 available teleconference dates.
Document Type
Discovery Motion
Machine summary. Not checked yet.Important?
The required participants shall be available and accessible throughout the mediation process. The parties' full and good faith cooperation with the mediation process is required. In particular, both the lawyers and the party representatives are expected to be fully prepared to participate. All participants are encouraged to keep an open mind in order to reassess their previous positions and to find creative means for resolving the dispute.
Summary: Required participants must be available, accessible, and cooperate in good faith throughout mediation
Document Type
Mediation Participation
Machine summary. Not checked yet.Important?
Counsel shall provide a list of the teleconference participants, by including the list on a separate page with the letters. This list will not count as part of the page limitation for the letter submission.
Summary: Discovery teleconference letters must include a separate page listing participants, which does not count toward the page limit.
Document Type
Discovery Letter
Machine summary. Not checked yet.Important?
To the extent factual issues are disputed or central to the Court’s analysis,2 non-conclusory, sworn declarations, only to the extent necessary to establish the facts, shall be attached as exhibit(s).
Summary: Sworn declarations must be attached as exhibits when factual issues are disputed in discovery dispute submissions.
Document Type
Discovery Dispute Submission
Machine summary. Not checked yet.Important?
For disputes related to the protective order, the submissions shall include the party’s proposal of the content for the disputed portion(s) only of the protective order.
Summary: Submissions for protective order disputes must include the party's proposal for the disputed portions only.
Document Type
Protective Order Dispute Submission
Machine summary. Not checked yet.Important?
The parties shall file with the Court a joint proposed final pretrial order that includes a table of contents and the matter described in Local Rule 16.3(c) on or before ____________, 20__ [at least seven (7) days prior to the pretrial conference].
Summary: Joint proposed final pretrial order must include a table of contents.
Document Type
Pretrial Order
Machine summary. Not checked yet.Important?
Documentation of the parties’ attempts to resolve and/or narrow the issues as contained in letters or emails shall not be included. However, cases/transcripts cited and relied upon in the letter submission may be attached as exhibits.
Summary: Do not include documentation of attempts to resolve issues; cases/transcripts relied upon may be attached
Document Type
Letter
Machine summary. Not checked yet.Important?
Generally, there should be limited attachments or exhibits to the letters. In a protective order dispute, only the provisions at issue should be attached. For disputes relating to responses to certain discovery requests, only the requests and responses in dispute as they exist at the time of the letter submissions should be attached.
Summary: Limited attachments allowed - only provisions at issue for protective order disputes, only disputed requests/responses for discovery disputes
Document Type
Letter
Machine summary. Not checked yet.Important?
The parties shall notify the Court, by joint letter submission, no later than the date on which their joint claim construction brief is filed (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing.
Summary: Parties must submit joint letter with claim construction brief requesting testimony leave and hearing time allocation.
Document Type
Letter
Machine summary. Not checked yet.Important?
Documentation of the parties' attempts to resolve and/or narrow the issues as contained in letters or emails shall not be included.
Summary: Documentation of settlement attempts (letters/emails) is prohibited as attachments to discovery dispute letters.
Document Type
Letter
Machine summary. Not checked yet.Important?
Attachments/Exhibits. Generally, there should be limited attachments or exhibits to the letters. In a protective order dispute, only the provisions at issue should be attached. For disputes relating to responses to certain discovery requests, only the requests and responses in dispute as they exist at the time of the letter submissions should be attached. Documentation of the parties' attempts to resolve and/or narrow the issues as contained in letters or emails shall not be included. However, cases/transcripts cited and relied upon in the letter submission may be attached as exhibits.
Summary: Letter attachments must be limited: only disputed provisions for protective orders, only disputed requests/responses for discovery disputes; resolution documentation prohibited; cited cases/transcripts permitted.
Document Type
Letter
Machine summary. Not checked yet.Important?
Attachments/Exhibits. Generally, there should be limited attachments or exhibits to the letters. In a protective order dispute, only the provisions at issue should be attached. For disputes relating to responses to certain discovery requests, only the requests and responses in dispute as they exist at the time of the letter submissions should be attached. Documentation of the parties’ attempts to resolve and/or narrow the issues as contained in letters or emails shall not be included. However, cases/transcripts cited and relied upon in the letter submission may be attached as exhibits.
Summary: Attachments limited to provisions at issue or cited cases/transcripts; no documentation of resolution attempts
Document Type
Pre Motion Letter
Machine summary. Not checked yet.Note?
In addition to the required topics described above, and provided that the mediation statement complies with the page limit stated above, counsel are encouraged to address any other matter they believe may be of assistance to the Court.
Summary: Mediation statements may include additional topics beyond the required sections, provided the page limit is complied with.
Document Type
Mediation Statement
Machine summary. Not checked yet.Note?
Counsel shall provide a list of the teleconference participants, by including the list on a separate page with the letters. This list will not count as part of the page limitation for the letter submission.
Summary: Participant list must be included on separate page, not counted toward page limit
Document Type
Letter
Machine summary. Not checked yet.Note?
To the extent factual issues are disputed or central to the Court’s analysis, non-conclusory, sworn declarations, only to the extent necessary, may be filed with the letter submission.
Summary: Sworn declarations may be filed if factual issues are disputed or central to analysis
Document Type
Pre Motion Letter
Machine summary. Not checked yet.Note?
Counsel shall provide a list of the teleconference participants, by including the list on a separate page with the letters. This list will not count as part of the page limitation for the letter submission.
Summary: Participant list must be included on separate page, not counted toward page limit
Document Type
Pre Motion Letter
Filing & Service rules
Filing Timing and Cure Windows
Redacted version of sealed document must be filed within 7 days after filing of original sealed document.
a redacted version of any sealed document shall be filed electronically within seven (7) days after the filing of the original sealed document.
Machine summary. Not checked yet. · Civil cases
Page 3 | Papers Filed Under Seal
Opposing party's discovery teleconference letter must be filed at least 48 hours before the conference, excluding weekends and court holidays.
Not less than forty-eight (48) hours prior to the conference, excluding weekends and Court holidays, any party opposing the application for relief may file a letter
Machine summary. Not checked yet. · Civil cases
Page 6
Moving party's discovery teleconference letter must be filed at least 72 hours before the conference, excluding weekends and court holidays.
Not less than seventy-two (72) hours prior to the conference, excluding weekends and Court holidays, the party seeking relief shall file a letter with the Court
Machine summary. Not checked yet. · Civil cases
Page 6
Case dispositive motions cannot be filed before the scheduled date without leave of court.
No case dispositive motion may be filed at a time before the date set forth in this paragraph without leave of the Court.
Machine summary. Not checked yet. · Civil cases
Page 8 | Case Dispositive Motions
Case dispositive motions must be filed by a date that ensures briefing is completed no later than 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 ____________, 20__ [calculated so that briefing is completed no later than four months prior to the pretrial conference].
Machine summary. Not checked yet. · Civil cases
Page 8 | Case Dispositive Motions
In bench trials, case dispositive motions require leave of court.
If the matter is scheduled for a bench trial, no case dispositive motions shall be filed without leave of the Court.
Machine summary. Not checked yet. · Civil cases
Page 8 | Case Dispositive Motions
Joint proposed final pretrial order must be filed at least 7 days before the pretrial conference and include a table of contents.
The parties shall file with the Court a joint proposed final pretrial order that includes a table of contents and the matter described in Local Rule 16.3(c) on or before ____________, 20__ [at least seven (7) days prior to the pretrial conference].
Machine summary. Not checked yet. · Civil cases
Page 9 | Pretrial Conference
Joint proposed voir dire, jury instructions, and verdict forms must be filed at least 3 days (excluding weekends and holidays) before the pretrial conference.
the parties should file joint proposed (i) voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms at least three (3) days, excluding weekends and Court holidays, before the pretrial conference.
Machine summary. Not checked yet. · Civil cases
Page 10 | Jury Instructions, Voir Dire, and Special Verdict Forms
Courtesy Copy Requirements
Parties must provide two courtesy copies of all briefs and supporting documents.
The parties shall provide the Court two (2) courtesy copies of all briefs and any other document filed in support of any briefs (i.e.,
Machine summary. Not checked yet. · Civil cases
Page 2 | 5. Courtesy Copies
Two courtesy copies of all briefs and supporting documents required; copies must be single-sided; applies to VAC cases only.
5.(a) Courtesy Copies. This matter has been assigned to a vacant judgeship, designated 'VAC' on the docket. The parties have not consented to the jurisdiction of a magistrate judge. Pursuant to ¶ 5 of Standing Order 2022-VAC-1 (dated March 9, 2022) or ¶ 3 of Standing Order 2022-3 (dated March 16, 2022), this matter is referred to this Judge for limited purposes. For the pleadings and all matters within the scope of the referral to this Judge, the parties shall provide 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. All courtesy copies shall be single-sided.
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Page 3 | Courtesy Copies
Courtesy copy of jury instructions, voir dire, and verdict forms in Word format must be emailed to chambers.
This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which may be submitted by email to the trial judge’s staff.
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Page 10 | Jury Instructions, Voir Dire, and Special Verdict Forms
Two courtesy copies required for all briefs and supporting documents
The parties shall provide the Court two (2) courtesy copies of all briefs and any other document filed in support of any briefs (i.e., appendices, exhibits,
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Page 2 | Courtesy Copies
Two single-sided courtesy copies required for all briefs and supporting documents in VAC cases.
For the pleadings and all matters within the scope of the referral to this Judge, the parties shall provide 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. All courtesy copies shall be single-sided.
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Page 3 | 5.(a) Courtesy Copies
VAC cases require 2 single-sided courtesy copies of all briefs and supporting documents.
For the pleadings and all matters within the scope of the referral to this Judge, the parties shall provide 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. All courtesy copies shall be single-sided.
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Page 3 | Courtesy Copies
Courtesy copies of jury instructions must be submitted in Microsoft Word format by email.
This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which may be submitted by email to the trial judge’s staff.
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Page 13 | Jury Instructions, Voir Dire, and Special Verdict Forms
Joint proposed voir dire, jury instructions, and verdict forms require courtesy copies with electronic files in Word format, deliverable by email.
Where a case is to be tried to a jury, pursuant to Local Rules 47.1 and 51.1 the parties should file joint proposed (i) voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms at least three (3) days, excluding weekends and Court holidays, before the pretrial conference. This submission shall be accompanied by a courtesy copy containing electronic files of these documents in Microsoft Word format, which may be submitted by email to the trial judge's staff.
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Sealing & Redaction Procedures
Redacted version of sealed document must be filed electronically within 7 days; courtesy copies of sealed documents go to Clerk's Office; courtesy copies of redacted versions not required unless ordered.
In accordance with section G of the Court's Revised Administrative Procedures Governing Filing and Service by Electronic Means, available at https://www.ded.uscourts.gov/manualsprocedures, a redacted version of any sealed document shall be filed electronically within seven (7) days after the filing of the original sealed document. Courtesy paper copies of sealed documents (see ¶ 5, above) shall be filed with the Clerk's Office, however, courtesy copies of redacted versions of sealed documents shall not be filed, unless otherwise ordered.
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Page 3 | Papers Filed Under Seal
Redacted sealed documents must be filed electronically within 7 days; paper copies of sealed documents required but not redacted versions.
In accordance with section G of the Court’s Revised Administrative Procedures Governing Filing and Service by Electronic Means, available at https://www.ded.uscourts.gov/manualsprocedures, a redacted version of any sealed document shall be filed electronically within seven (7) days after the filing of the original sealed document. Courtesy paper copies of sealed documents (see ¶ 5, above) shall be filed with the Clerk’s Office, however, courtesy copies of redacted versions of sealed documents shall not be filed, unless otherwise ordered.
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Page 3 | 6. Papers Filed Under Seal
Redacted versions of sealed documents must be filed electronically within 7 days; courtesy copies of sealed docs go to Clerk's Office but redacted versions do not.
In accordance with section G of the Court's Revised Administrative Procedures Governing Filing and Service by Electronic Means, available at https://www.ded.uscourts.gov/manualsprocedures, a redacted version of any sealed document shall be filed electronically within seven (7) days after the filing of the original sealed document. Courtesy paper copies of sealed documents (see ¶ 5, above) shall be filed with the Clerk's Office, however, courtesy copies of redacted versions of sealed documents shall not be filed, unless otherwise ordered.
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Page 3 | Papers Filed Under Seal
All ADR proceedings and communications are confidential and not open to public disclosure without court authorization or party agreement.
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 communications are confidential and disclosure is prohibited except by court authorization or party agreement.
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 | Confidentiality of ADR Communications
Filing Bundling Requirements
Multiple parties supporting or opposing an in limine request must combine into a single page-limited submission.
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.
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Page 9 | 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 9 | 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 9 | Motions in Limine
Briefing for multiple case dispositive and Daubert motions must be consolidated within aggregate page limits per side.
Unless otherwise ordered by the Court, all sides are limited to a maximum of thirty (30) pages of opening briefs, thirty (30) pages of answering briefs, and fifteen (15) pages of reply briefs relating to any case dispositive and Daubert motions filed by a side, no matter how many such motions are filed.
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Attachments to discovery teleconference letters should be limited; only relevant provisions, requests/responses in dispute; no documentation of attempts to resolve; cases/transcripts may be attached.
Attachments/Exhibits. Generally, there should be limited attachments or exhibits to the letters. In a protective order dispute, only the provisions at issue should be attached. For disputes relating to responses to certain discovery requests, only the requests and responses in dispute as they exist at the time of the letter submissions should be attached. Documentation of the parties’ attempts to resolve and/or narrow the issues as contained in letters or emails shall not be included. However, cases/transcripts cited and relied upon in the letter submission may be attached as exhibits.
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Page 6
Pre-Motion Conference Requirements
Motion for Discovery required after verbal meet-and-confer fails to resolve discovery/protective order disputes
Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, after holding a verbal meet-and-confer and making a reasonable effort to reach agreement with the opposing party on the matters or dispute,1 the party seeking relief from the Court shall file a Motion for Discovery requesting a teleconference to resolve the discovery or protective order dispute. The Motion shall include the following information:
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Page 5 | Discovery Matters and Disputes Relating to Protective Orders
Letter filing deadline: 72 hours before conference, max 4 pages, double-spaced, 12pt font
Not less than seventy-two (72) hours prior to the conference, excluding weekends and Court holidays, the party seeking relief shall file a letter with the Court, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining the issues in dispute and its position on those issues, including proposed solutions.
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Pre-conference letter sequencing: moving party files 72 hours before conference, opposing party may file 48 hours before conference.
Not less than seventy-two (72) hours prior to the conference, excluding weekends and Court holidays, the party seeking relief shall file a letter with the Court... Not less than forty-eight (48) hours prior to the conference, excluding weekends and Court holidays, any party opposing the application for relief may file a letter
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Opposition letter deadline: 48 hours before conference, max 4 pages, double-spaced, 12pt font
Not less than forty-eight (48) hours prior to the conference, excluding weekends and Court holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining that party’s reason for its opposition and any proposed solutions.
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Requests to modify mediation attendance requirements must be in writing 14 days before the conference.
Any request to modify this requirement shall be made in writing to the Chief Magistrate Judge, with a copy to all counsel, no later than fourteen (14) days before the mediation conference.
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Page 3 | REQUIRED PARTICIPANTS
Court may refer case to Magistrate Judge for ADR exploration
ADR Process. Having discussed the Alternate Dispute Resolution process during the scheduling conference, the Court may refer this matter to a Magistrate Judge for the purpose of exploring ADR during the pendency of this case.
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Page 7 | ADR Process
Court may order further briefing or resolve dispute before conference
Should the Court find further briefing necessary upon conclusion of the telephonic conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the conference and cancel the conference.
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Page 7 | Court's analysis
Chambers Communication Rules
In-person mediation conference scheduled with specific timing and location requirements.
An in-person mediation conference is scheduled for __day, ____ __, 2022 beginning at __:00 a.m. Eastern Time. All required participants (see ¶ 2) are to report at this time to Courtroom 2B and are to remain available until excused by the Court.
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Page 1 | MEDIATION CONFERENCE
Counsel must notify Judge and law clerk by email if matter settles before mediation.
It is counsel’s responsibility to notify Judge Thynge by email, with a copy to the Judge’s law clerk, Daniel Taylor, should the matter settle prior to the mediation date.
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Page 1 | MEDIATION CONFERENCE
Video conference emails must include links and joining instructions.
These emails shall include the links, along with instructions on how to join the video conference for each conference line.
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Page 2 | MEDIATION CONFERENCE
Defense counsel must email video link to Judge and law clerk by 5:00 p.m.
Counsel for Defendants shall provide by email to the Judge, with a copy to her law clerk, Daniel Taylor, the defense video conference link no later than and no earlier than ___day, ______ __, 2022 at 5:00 p.m. Eastern Time.
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Page 2 | MEDIATION CONFERENCE
Counsel must notify Judge and law clerk via joint email if mediation is cancelled.
Should the mediation be cancelled, counsel shall advise the Judge and her law clerk via joint email prior to ___day, ______ __, 2022.
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Page 2 | MEDIATION CONFERENCE
Defendants must arrange separate video link for private Judge discussions.
Defendants shall arrange for a separate video conference link for private discussions with the Judge throughout the mediation session.
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Page 2 | MEDIATION CONFERENCE
Plaintiff responsible for arranging joint video conference link.
Plaintiff shall arrange for a video conference link for a joint discussion line for the Judge and all counsel to use during the mediation session.
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Page 2 | MEDIATION CONFERENCE
Plaintiff counsel must email video links to Judge and law clerk by 5:00 p.m.
Counsel for Plaintiff shall provide by email to the Judge, with a copy to her law clerk, Daniel Taylor, the Joint video conference link and Plaintiff’s video conference link no later than and no earlier than ___day, ______ __, 2022 at 5:00 p.m. Eastern Time.
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Page 2 | MEDIATION CONFERENCE
Counsel must notify Judge and law clerk by 5:00 p.m. if switching to video/virtual format.
Should counsel and their clients wish to proceed in a video/virtual format, counsel shall advise the Judge and her law clerk on or before ___day, ______ __, 2022 at 5:00 p.m. in a single, joint email.
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Page 2 | MEDIATION CONFERENCE
Plaintiff must arrange separate video link for private Judge discussions.
Plaintiff shall also arrange for a separate video conference link for private discussions with the Judge throughout the mediation session.
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Page 2 | MEDIATION CONFERENCE
Telephonic Rule 16 status conference scheduled with specific coordination requirement
Status Conference. On ____________, 20__, the Court will hold a telephonic Rule 16 status conference with counsel beginning at ______ _.m. Plaintiff’s counsel shall coordinate the call to chambers.
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Page 8 | Status Conference
ADR-related communications and mediation statements must not be e-filed or docketed; parties must communicate as designated by the Magistrate Judge.
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 be e-filed or docketed. Such communications are to be made as designated or ordered by the Magistrate Judge. Mediation statements are not to be e-filed or docketed.
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Page 1 | STANDING ORDER
ADR/mediation communications must not be e-filed or docketed; follow Magistrate Judge's designated procedures.
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 be e-filed or docketed. Such communications are to be made as designated or ordered by the Magistrate Judge. Mediation statements are not to be e-filed or docketed.
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Page 1 | ADR Communication Filing Restrictions
Counsel must designate one person to send joint email for format changes.
Counsel shall determine who will be responsible for sending this joint email.
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Page 2 | MEDIATION CONFERENCE
Parties must notify the court in writing to cancel a status conference if there is nothing to report.
If all parties agree that there is nothing to report, nor anything to add to the interim status report or to this Order, they shall notify the Court in writing before the conference is scheduled to occur, and the conference will be removed from the Court’s calendar.
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Page 8 | Status Conference