District of New Jersey Pre-Motion Conference Requirements

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No discovery motion shall be filed without leave of the Court. Consistent with their obligation under Local Civil Rules 16.1(f) and 37.1(a), the parties shall meet and confer in good faith to resolve any discovery disputes prior to raising those disputes with the Court. Importantly, email exchanges are not sufficient to satisfy this requirement. The Court requires the parties to meet in person, via video conferencing, or by telephone.

Summary: Discovery motions require leave of Court; parties must first meet and confer in person, via video, or by telephone (email exchanges are insufficient) to resolve discovery disputes.

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The Court will not consider a request for bail or bail modification until after defense counsel has consulted with the U.S. Attorney’s Office and until the U.S. Pretrial Services Officer or the U.S. Probation Officer has assessed the proposed bail package.

Summary: Bail and bail-modification requests will not be considered until defense counsel consults with the U.S. Attorney's Office and Pretrial Services/Probation assesses the proposed bail package.

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Before filing a motion for summary judgment, a party must first comply with the same pre-motion conference procedure as outlined above. See supra Section I.A. In general, the same rules apply. If the Court determines that a pre-motion conference would not be helpful and instructs a party to proceed with filing its proposed motion without a conference, that party shall have an additional five (5) business days to file its motion after its deadline pursuant to Federal Rule of Civil Procedure 56(b), unless additional time is so stipulated or the Court so orders.

Summary: Motions for summary judgment require compliance with the same pre-motion conference procedure; if the Court waives the conference, the moving party gets 5 additional business days to file.

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Chief Judge Bumb does not permit the filing of summary judgment motions in ANDA patent cases. A party may, however, submit a letter to the Court, not to exceed three (3) single-spaced pages, seeking a waiver of this rule if the party believes that a summary judgment motion would assist the Court in expeditiously resolving the case and would resolve more than mere tangential issues. The letter must set forth the basis for the proposed motion for summary judgment, with citations to relevant authority, and the issue(s) expected to be resolved by the motion. Within five (5) business days after receipt of this letter, all adversaries must submit a written response, not to exceed three (3) single-spaced pages. No party may submit a reply letter unless directed by the Court. This rule is intended to be read in concert with Section I.E.1.

Summary: Summary judgment motions are prohibited in ANDA patent cases unless a party obtains a waiver via a 3-page single-spaced letter; adversaries must respond within 5 business days in a 3-page single-spaced letter, and replies are disallowed unless directed.

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In an effort to resolve cases expeditiously, before filing a motion to dismiss, motion for a more definite statement, motion to remand, motion for change of venue, or motion for judgment on the pleadings, a party must submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference. The letter must set forth the basis for the anticipated motion and include citations to relevant authority. Within five (5) business days after receipt of this letter, all adversaries must submit a written response, not to exceed three (3) single-spaced pages. No party may submit a reply letter unless directed by the Court. Affidavits and exhibits are not permitted unless directed by the Court.

Summary: Before filing specified motions, a party must submit a pre-motion letter (max 3 single-spaced pages) requesting a conference, with adversaries responding within 5 business days (also max 3 pages).

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before bringing a motion to dismiss, motion for a more definite statement, motion to strike a pleading and/or any part thereof, motion to remand, motion for change of venue, motion to compel arbitration, or motion for judgment on the pleadings, a party must submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference. The letter must set forth the basis for the anticipated motion and include citations to relevant authority. Within seven (7) days after receipt of this letter, all adversaries must submit a written response, not to exceed three (3) single-spaced pages. No party may submit a reply letter unless directed by the Court. Affidavits and exhibits are not permitted unless directed by the Court. A proffer by the attorney, however, of the contents of any such affidavit(s) and/or exhibit(s) shall suffice.

Summary: Before filing specified motions (dismiss, more definite statement, strike, remand, venue change, compel arbitration, judgment on pleadings), a party must submit a 3-page single-spaced pre-motion letter stating the basis and citations; adversaries respond within 7 days (max 3 pages); no reply letters or affidavits/exhibits unless directed by the Court.

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In an effort to resolve cases expeditiously, a party must submit a pre-motion letter, not to exceed three single-spaced pages, requesting leave to file the following motions: (i) motion to dismiss; (ii) motion for a more definite statement; (iii) motion to remand; (iv) motion for change of venue; (v) motion for judgment on the pleadings; and (vi) motion to compel arbitration. The letter must set forth the basis for the anticipated motion and include citations to relevant authority. Within seven days after receipt of this letter, all adversaries must submit a written response, not to exceed three single-spaced pages. No party may submit a reply unless directed by the Court. Affidavits and exhibits are not permitted unless directed by the Court. A proffer by the attorney, however, of the contents of any such affidavit(s) and/or exhibit(s) shall suffice. Failure to file a pre-motion letter may result in the motion being administratively terminated. A party’s submission of a pre-motion letter will toll that party’s time to file its motion (or answer) through the date of the Court’s decision as to whether leave will be granted. The Court reserves the right to hold a conference to determine whether leave will be granted. This procedure does not apply to cases in which the pre-answer motions listed above are filed solely by or against pro se litigant(s) only, or in bankruptcy or social security appeals.

Summary: Pre-motion letters required for specified motions, max 3 single-spaced pages; response due 7 days, max 3 pages; exemptions for pro se, bankruptcy, social security cases.

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Parties may not file an early motion for summary judgment (i.e., prior to the close of fact discovery) without leave from either Judge Kiel or the Magistrate Judge. When seeking leave from Judge Kiel, the moving party must first submit a letter, no longer than three pages, summarizing the party’s substantive argument. Within seven days of the moving party’s letter, the party opposing the motion must submit a letter, no longer than three pages, summarizing the party’s substantive argument in opposition.

Summary: Leave required to file summary judgment motion before close of fact discovery; leave request requires 3-page letter, opposition due 7 days.

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Civil cases

NOTE: ALL PRE-TRIAL MOTIONS INCLUDING DAUBERT AND IN LIMINE MOTIONS SHALL BE FULLY BRIEFED AND FILED NO LATER THAN FORTY-FIVE (45) DAYS PRIOR TO TRIAL or AS OTHERWISE ORDERED BY THE COURT. Only those motions listed herein will be entertained prior to trial.

Summary: All pre-trial motions including Daubert and in limine motions must be fully briefed and filed 45 days before trial.

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Required

Always ?

Except as permitted by Local Rule 12.1, no formal motions may be filed without leave of Court.

Summary: Formal motions require leave of court except as permitted by Local Rule 12.1.

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Replies are generally permitted pursuant to Local Civil Rule 7.1(d). However, according to Local Civil Rule 7.1(d)(3), no reply papers shall be filed concerning motions for Cross-Motion under Local Civil Rule 7.1(h); Reconsideration under Local Civil Rule 7.1(i); Case Management under Local Civil Rule 16.1(g)(2); and Discovery under Local Civil Rule 37.1(b)(3), unless the Court permits otherwise.

Summary: Reply briefs are prohibited for certain motion types unless Court permits.

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Judge Salas will promptly hold a hearing for any request for a temporary restraining order (“TRO”) assigned to her. She will typically hold a pre-hearing conference to discuss the emergent issue(s) in contention and to allocate time for the hearing. Expedited discovery may be discussed and, when appropriate, ordered at the conclusion of the pre-hearing conference.

Summary: TRO requests require prompt hearing and pre-hearing conference.

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However, according to Local Civil Rule 7.1(d)(3), no reply papers shall be filed to cross-motions under Local Civil Rule 7.1(h); Reconsideration under Local Civil Rule 7.1(i); Case Management under Local Civil Rule 16.1(g)(2); and Discovery under Local Civil Rule 37.1(b)(3), unless the Court permits otherwise.

Summary: Reply papers are prohibited for cross-motions, reconsideration, case management, and discovery motions unless the Court permits otherwise.

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No sur-replies are permitted without prior permission. They are strongly discouraged unless it is apparent on the face of the submission that such additional briefing is necessary to rebut an issue not discussed in the initial briefs.

Summary: Sur-replies are prohibited without prior permission and discouraged unless necessary to rebut new issues.

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No other briefs may be filed without leave of Court for good cause shown.

Summary: No briefs other than those permitted may be filed without leave of court for good cause shown.

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To the extent a party believes that their adversary’s 56.1 statements are non-compliant, that party shall promptly request a conference with the magistrate judge on the case to resolve any disputes.

Summary: Party must request conference with magistrate judge to resolve 56.1 statement non-compliance disputes.

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And, should a party anticipate arguing that an expert’s opinion or report should be excluded at the summary judgment stage, they shall raise that issue to the Court to determine whether those motions should be filed before or in conjunction with any summary judgment motion(s).

Summary: Party anticipating expert exclusion argument must raise issue to Court to determine motion filing timing relative to summary judgment.

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Submission dates for in limine motions are set during the initial telephone conference with Judge Padin following the Magistrate Judge’s final pretrial conference.

Summary: Submission dates for in limine motions are set during an initial telephone conference with Judge Padin after the Magistrate Judge’s final pretrial conference.

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In an effort to resolve cases expeditiously, before bringing a motion to dismiss, motion for a more definite statement, motion to remand, motion for change of venue, motion to compel arbitration, or motion for judgment on the pleadings in civil matters, a party must submit a letter, not to exceed three (3) single-spaced pages, including counsel’s signature, requesting a pre-motion conference. The letter must set forth the basis for the anticipated motion and include citations to relevant authority. Within seven (7) days after receipt of this letter, all adversaries must submit a written response, not to exceed three (3) single-spaced pages. No party may submit a reply letter unless directed by the Court. Affidavits and exhibits are not permitted unless directed by the Court. A proffer by the attorney, however, of the contents of any such affidavit(s) and/or exhibit(s) shall suffice.

Summary: Pre-motion letter (max 3 single-spaced pages) required before specified civil motions; adversaries have 7 days to respond (max 3 pages).

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No party may submit a reply letter unless directed by the Court.

Summary: Reply letters only if directed by court.

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Affidavits and exhibits are not permitted unless directed by the Court.

Summary: Affidavits and exhibits not permitted unless directed.

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before bringing a motion to dismiss, motion for a more definite statement, motion to remand, motion for change of venue, motion to compel arbitration, or motion for judgment on the pleadings, a party must submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference.

Summary: Pre-motion conference required for specific motions (max 3 pages).

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The letter must set forth the basis for the anticipated motion and include citations to relevant authority.

Summary: Pre-motion letter must include basis and citations.

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Within five (5) business days after receipt of this letter, all adversaries must submit a written response, not to exceed three (3) single-spaced pages.

Summary: Adversaries must respond within 5 business days (max 3 pages).

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The Court does not permit the filing of summary judgment motions in ANDA patent cases.

Summary: Summary judgment motions prohibited in ANDA patent cases.

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Civil cases

Any motions in limine must be submitted to the Court at least four weeks before the start of trial. Any responsive papers shall be submitted at least three weeks before the start of trial.

Summary: Motions in limine must be filed 4 weeks before trial; responsive papers 3 weeks before.

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Civil cases

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 [DATE]. Responses shall be filed no later than [DATE]. Replies shall be filed no later than [DATE].

Summary: Daubert objections must be made by motion, with responses and replies due on specified dates.

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Civil cases

On or before [DATE] [no earlier than four weeks before the claim construction hearing and no later than two weeks before the claim construction hearing], counsel for the parties shall meet and confer and thereafter file on [DATE], an Amended Joint Claim Construction Chart that sets forth the terms that remain in dispute.

Summary: Parties must meet and confer and file an Amended Joint Claim Construction Chart between four weeks and two weeks before the claim construction hearing.

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before bringing a motion to dismiss, a motion for a more definite statement, or a motion for judgment on the pleadings, a party must submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference.

Summary: Pre-motion letter (max 3 single-spaced pages) required before certain motions.

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Within seven (7) days after receipt of this letter, all adversaries must submit a written response, not to exceed three (3) single-spaced pages.

Summary: Response to pre-motion letter must be filed within 7 days (max 3 single-spaced pages).

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Civil cases

In an effort to resolve cases expeditiously, before bringing a motion to dismiss, motion for a more definite statement, motion to remand, motion for change of venue, motion to compel arbitration, or motion for a judgment on the pleadings, a party must submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference. The letter must set forth the basis for the anticipated motion and include citations to relevant authority. Affidavits and exhibits are not permitted unless directed by the Court. A proffer by the attorney, however, of the content of any such affidavit(s) and/or exhibit(s) shall suffice.

Summary: Pre-motion letter required for specified motions, max 3 single-spaced pages, must include basis and citations, no affidavits/exhibits unless directed.

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Civil cases

In the event an adversary does not file a letter within seven (7) days, they will be precluded from filing a letter that the Court will consider at the pre-motion conference.

Summary: Non-movant failure to file response letter within 7 days precludes consideration at pre-motion conference.

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Civil cases

Unless otherwise directed by the Court, all parties, including any parties or co-parties who did not file a pre-motion letter or response letter, shall appear and participate in any such pre-motion conference.

Summary: All parties must appear and participate in pre-motion conference, even if they did not file pre-motion or response letters.

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Civil cases

Any party wishing to file or join a motion listed in Section (I)(A)(1) must file or join a pre-motion letter and participate in meet and confer efforts as outlined above. Any pre-motion letter must be filed by the movant’s Fed. R. Civ. P. 12(a) deadline, unless additional time is stipulated or the Court so orders. A party’s submission of a pre-motion letter will toll that party’s time to file its motion (or answer) through (i) the date of the pre-motion conference or (ii) the Court’s decision not to conduct such a conference. If the Court determines that a pre-motion conference would not be helpful and instructs a party to proceed with filing its proposed motion without a conference, that party shall have an additional seven (7) days to file after its Fed. R. Civ. P. 12(a) deadline, unless additional time is stipulated or the Court so orders. This letter exchange procedure does not apply in cases in which either side is pro se or in bankruptcy or social security appeals.

Summary: Parties filing specified motions must submit a pre-motion letter by the FRCP 12(a) deadline, tolling the motion filing deadline until the pre-motion conference or court decision, with exemptions for pro se, bankruptcy, and social security cases.

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Civil cases

Before any summary judgment motions may be filed and before a summary judgment briefing schedule is set, the parties shall file a letter requesting a pre-motion conference with Judge Kirsch. The Court will generally hold a Status/Settlement Conference at this juncture. Unless the Court directs otherwise, this requirement does not apply in cases in which either side is pro se.

Summary: Parties must file a pre-motion letter for summary judgment motions before filing and before setting briefing schedule, with a status/settlement conference, exempting pro se cases.

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Civil cases

Required

Always ?

Other than motions filed under Federal Rule of Civil Procedure 12, motions to remand within the time provided by 28 U.S.C. § 1447(c), and motions expressly permitted by this Case Management Order, formal motions shall not be filed without prior leave from this Court.

Summary: Formal motions require prior leave of Court except Rule 12 motions, timely remand motions, and motions expressly allowed by the Case Management Order.

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Civil cases

Required

Always ?

If not consented, the party making the application must proceed by motion.

Summary: A pro hac vice application without consent must be filed as a formal motion.

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Civil cases

Discovery motions may be filed only upon leave of Court and only after the parties have proceeded in accordance with Local Rules 16.1 and 37.1.

Summary: Discovery motions require leave of court and prior compliance with Local Rules 16.1 and 37.1 before filing.

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Civil cases

Motions to secure enforcement of a subpoena or to quash a subpoena involving third parties may be made without meeting and conferring, but counsel must obtain leave of Court before filing any such motion.

Summary: Third-party subpoena enforcement or quash motions do not require meet-and-confer, but still require leave of court before filing.

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Civil cases

Other than motions filed under Federal Rule of Civil Procedure 12, motions to remand within the time provided by 28 U.S.C. § 1447(c), and motions expressly permitted by this Case Management Order, formal motions shall not be filed without prior leave from this Court.

Summary: Formal motions require prior leave from court except for Rule 12 motions, timely remand motions, and those expressly permitted.

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Civil cases

Other than motions filed under Federal Rule of Civil Procedure 12, motions to remand within the time provided by 28 U.S.C. § 1447(c), and motions expressly permitted by this Case Management Order, formal motions shall not be filed without prior leave from this Court.

Summary: Formal motions (except Rule 12 motions, motions to remand, and motions permitted by this Order) require prior leave of Court.

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Civil cases

Should counsel fail in their good faith efforts to resolve the dispute by conferring pursuant to Rule 37.1, the matter shall be brought to the Court’s attention via a joint letter, not to exceed five pages, that sets forth: a) the request; b) the response; c) efforts to resolve the dispute; d) the position of the complaining party; e) the position of the responding party; and, if applicable, f) the efforts of a party to contact a non-responsive party to meet and confer and submit the joint letter.

Summary: Discovery disputes must be brought to the Court via a joint letter not exceeding five pages with specified content after conferring.

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Civil cases

Discovery motions may be filed only upon leave of Court and only after the parties have proceeded in accordance with Local Rules 16.1 and 37.1.

Summary: Discovery motions require leave of Court and compliance with Local Rules 16.1 and 37.1 before filing.

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Civil cases

Motions to secure enforcement of a subpoena or to quash a subpoena involving third parties may be made without meeting and conferring, but counsel must obtain leave of Court before filing any such motion.

Summary: Subpoena enforcement/quash motions involving third parties exempt from meet-and-confer but require leave of Court.

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Required

Always ?

Any party seeking to file motions shall seek leave of court by email to courtroom deputy Angela DiAndrea and shall provide, whenever possible, a proposed briefing and hearing schedule that has been consented to by opposing counsel.

Summary: Parties must seek leave of court by email before filing motions and provide a proposed briefing schedule with adversary consent.

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Required

Always ?

Any party seeking to file motions shall seek leave of court by email to courtroom deputy Angela DiAndrea and shall provide, whenever possible, a proposed briefing and hearing schedule that has been consented to by opposing counsel.

Summary: Motions require email leave request to Angela DiAndrea with proposed schedule.

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Civil cases

Other than (i) motions filed under Federal Rule of Civil Procedure 12, (ii) motions to remand within the time provided by 28 U.S.C. § 1447(c), (iii) motions to amend a pleading; and (iv) motions expressly permitted by this Order, formal motions shall not be filed without prior leave of Court.

Summary: Most formal motions require prior leave of court, except Rule 12 motions, timely remand motions, and motions to amend.

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Civil cases

Other than motions filed under Federal Rule of Civil Procedure 12, motions to remand within the time provided by 28 U.S.C. § 1447(c), and motions expressly permitted by this Case Management Order, formal motions shall not be filed without prior leave from this Court.

Summary: Formal motions require prior leave from the court, except for Rule 12 motions, timely remand motions, and those expressly permitted.

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Civil cases

No motion, including discovery motions, shall be made without prior leave of Court.

Summary: All motions, including discovery motions, require prior leave of the Court.

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Civil cases

Any party intending to file a dispositive motion must first seek leave of the Court by way of a letter application.

Summary: Dispositive motions require prior leave of court via letter application.

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No formal motions are permitted unless leave of court is first obtained, except for motions under Federal Rule of Civil Procedure 12(b) or motions to remand that must be filed within thirty days of removal pursuant to 28 U.S.C. § 1447(c). When seeking leave, the moving party must first submit a letter, no longer than three pages, summarizing the party’s argument and certifying what attempts have been made to meet and confer with the adversary to resolve the dispute. Within one week of the moving party’s letter, the opposing party must submit a letter, no longer than three pages, summarizing the party’s argument in opposition.

Summary: Most civil motions require leave via pre-motion letter (max 3 pages) from moving party, with opposing response letter (max 3 pages) within 1 week; Rule 12(b) and remand motions within 30 days of removal are exempt.

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Civil cases

Should the Parties 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

Summary: Before applying for a protective order, counsel must confer and attempt to agree on a proposed order.

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Affidavits and exhibits are not permitted unless directed by the Court. However, a proffer by the attorney of the contents of any such affidavit(s) and/or exhibit(s) shall suffice.

Summary: Affidavits and exhibits prohibited in pre-motion letters unless court directs otherwise.

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No party may submit a reply letter unless directed by the Court.

Summary: Reply letters to pre-motion correspondence only allowed if directed by court.

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Required

Always ?

Counsel shall meet and confer regarding the final pretrial order in an effort to minimize disputes.

Summary: Counsel must meet and confer regarding the final pretrial order to minimize disputes.

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Required

Always ?

Before presenting a dispute to the Court, the parties shall meet and confer either in-person or by video conference in an attempt to resolve or narrow the dispute.

Summary: Parties must meet and confer in person or by video conference before presenting any dispute to the Court.

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Civil cases

Replies are not permitted without leave of Court.

Summary: Replies to discovery disputes require leave of court.

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Required

Always ?

Except as set forth here, motion practice will be conducted in accordance with Local Civil Rule 7.1.

Summary: Motion practice follows Local Civil Rule 7.1 except as specified.

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Generally, the Magistrate Judge assigned to the case schedules an initial pretrial conference pursuant to Local Civil Rule 16. These conferences are held after the filing of the defendant’s answer or a dispositive motion. The Magistrate Judge assigned to the case determines associated procedures. At the close of discovery, the Magistrate Judge will hold a final pretrial conference. Prior to that conference, the Magistrate Judge will provide the litigants with a proposed form of final pretrial order.

Summary: Initial pretrial conference held after answer/dispositive motion; final pretrial conference after discovery, using Magistrate Judge's proposed form.

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Required

Always ?

Judge Castner decides all motions on the papers and no appearances are required on the motion day.

Summary: Judge decides motions on papers; no appearances required.

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A party’s submission of a pre-motion letter will toll that party’s time to file its motion (or answer) through (i) the date of the pre-motion conference or (ii) the Court’s decision not to conduct such a conference.

Summary: Pre-motion letter tolls filing deadline until conference or court decision.

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If the Court determines that a pre-motion conference would not be helpful and instructs a party to proceed with filing its proposed motion without a conference, that party shall have an additional seven (7) days to file after its Fed. R. Civ. P. 12(a) deadline.

Summary: 7 additional days to file if no conference is held.

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This letter exchange does not apply in cases in which either side is pro se or in bankruptcy or social security appeals.

Summary: Pre-motion letter exchange doesn't apply to pro se, bankruptcy, or social security cases.

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A party may, however, submit a letter to the Court, not to exceed three (3) single-spaced pages, seeking a waiver of this rule if the party believes that a summary judgment motion would assist the Court in expeditiously resolving the case and would resolve more than mere tangential issues.

Summary: 3-page letter may seek waiver of summary judgment prohibition.

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A party’s submission of a pre-motion letter will toll that party’s time to file its motion (or answer) through (i) the date of the pre-motion conference or (ii) the Court’s decision not to conduct such a conference.

Summary: Pre-motion letter filing tolls deadline to file motion or answer.

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This letter exchange does not apply to bankruptcy appeals, social security appeals, cases seeking transfers based on Multidistrict Litigation (MDL) orders, or cases in which either side is appearing pro se.

Summary: Pre-motion letter requirement does not apply to bankruptcy appeals, social security appeals, MDL cases, or pro se cases.

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If the Court determines that a pre-motion conference would not be helpful and instructs a party to file its proposed motion without a conference, that party shall have an additional seven (7) days to file after its Fed. R. Civ. P. 12(a) deadline, unless additional time is stipulated or the Court so orders.

Summary: If no pre-motion conference, party gets 7 additional days to file motion after Rule 12(a) deadline.