Judge Daniel J. Calabretta
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- Extension requests must be filed well in advance and include existing dates, specific good cause reasons, and prior extension history.
- Stipulations continuing dispositive motion dates or trial dates are disfavored.
- Extensions/stipulations require court approval, must be filed well in advance, include required elements; trial continuance stipulations disfavored.
Request must include
- Plaintiff must complete service of process within 90 days of filing.
- Parties must confer and submit joint status report with discovery plan within 60 days.
Communication
Chambers
Phone
Clerk
Page & Word Limits5 rules
Machine summary. Not checked yet.Mandatory?
Memoranda of law in support of and in opposition to a motion shall not exceed 25 pages. Reply memoranda shall not exceed 10 pages.
Summary: Memoranda limited to 25 pages (support/opposition) and 10 pages (reply).
Brief
25 pages
Applies to: Attorney
Reply Brief
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
All moving and opposition briefs or legal memoranda in civil cases shall not exceed twenty-five pages without prior leave of court. Reply briefs filed by moving parties shall not exceed fifteen pages.
Summary: Moving/opposition briefs limited to 25 pages; reply briefs limited to 15 pages.
Brief
25 pages
Applies to: Attorney
Reply Brief
15 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
All moving and opposition briefs or legal memoranda in criminal cases shall not exceed twenty-five pages without prior leave of court. Reply briefs filed by moving parties shall not exceed fifteen pages.
Summary: Moving/opposition briefs limited to 25 pages; reply briefs limited to 15 pages.
Brief
25 pages
Applies to: Attorney
Reply Brief
15 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
All moving and opposition briefs or legal memoranda in civil cases shall not exceed twenty-five pages without prior leave of court. Reply briefs filed by moving parties shall not exceed fifteen pages. The Court will grant an application to extend these page limitations only after good cause shown. Pages that exceed the page limitations without leave of court will not be considered. Finally, no supplemental briefs or sur-replies shall be filed and will not be considered without prior leave of court.
Summary: Moving/opposition briefs limited to 25 pages, reply briefs to 15 pages, sur-replies and supplemental briefs prohibited without leave; extensions require good cause.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Only four briefs in support of cross motions for summary judgment shall be filed as follows: (1) Plaintiff’s opening brief (25 pages maximum), along with any other documents required or permitted under Local Rule 260, shall be filed at least fourteen (14) days before the dispositive motions filing deadline; (2) Defendant’s opposition and cross motion for summary judgment (35 pages maximum) shall be filed no later than fourteen (14) days after the motion was filed; (3) Plaintiff’s reply and opposition (20 pages maximum) shall be filed no later than fourteen (14) days after Defendant’s opposition and cross motion were filed; and (4) Defendant’s reply (10 pages maximum) shall be filed no later than ten (10) days after Plaintiff’s reply and opposition were filed.
Summary: Cross summary judgment motions are limited to four briefs with page limits: 25 pages (plaintiff opening), 35 pages (defendant opposition/cross motion), 20 pages (plaintiff reply/opposition), 10 pages (defendant reply).
Opening Brief
25 pages
Applies to: Attorney
Opposition
35 pages
Applies to: Attorney
Reply Brief
20 pages
Applies to: Attorney
Reply Brief
10 pages
Applies to: Attorney
Document Format Requirements7 rules
Machine summary. Not checked yet.Mandatory?
All briefs must be submitted using a font of 12 pt size. Footnotes must be no more than two sizes smaller than the text size. Parties are encouraged to use a sans serif font such as Arial or Helvetica for ease of electronic reading.
Summary: Briefs must use 12 pt font; footnotes no more than 2 sizes smaller; sans serif fonts encouraged.
Machine summary. Not checked yet.Mandatory?
All briefs must be submitted using a font of 12 pt size. Footnotes must be no more than two sizes smaller than the text size. Parties are encouraged to use a sans serif typeface such as Arial or Helvetica for ease of electronic reading.
Summary: Briefs must use 12 pt font with footnotes no more than 2 sizes smaller; sans serif fonts encouraged.
Machine summary. Not checked yet.Mandatory?
Multi-page exhibits shall be internally paginated, with the pagination for each exhibit beginning with the number 1; references to those exhibits shall refer to the exhibit designation and page number (i.e., Ex. A at 7, etc.).
Summary: Multi-page exhibits must be internally paginated starting at 1, with references using exhibit designation and page number.
Machine summary. Not checked yet.Mandatory?
All briefs must be submitted using a font of 12 pt size. Footnotes must be no more than two sizes smaller than the text size. Parties are encouraged to use a sans serif font such as Arial or Helvetica for ease of electronic reading.
Summary: All briefs must use 12 pt font, footnotes no more than two sizes smaller than text, and sans serif fonts like Arial or Helvetica are encouraged.
Machine summary. Not checked yet.Mandatory?
Any such required proposed order shall be submitted in compliance with Local Rule 137(b) and e-mailed in Microsoft Word format to DJCorders@caed.uscourts.gov.
Summary: Required proposed orders must comply with Local Rule 137(b) and be emailed in Microsoft Word format to DJCorders@caed.uscourts.gov.
DOCX
Machine summary. Not checked yet.Mandatory?
must also be emailed as a Word document to: DJCorders@caed.uscourts.gov.
Summary: Joint Pretrial Statements emailed to chambers must be in Word (DOCX) format.
DOCX
Machine summary. Not checked yet.Note?
Multi-page exhibits shall be internally paginated, with the pagination for each exhibit beginning with the number 1; references to those exhibits shall refer to the exhibit designation and page number (i.e., Ex. A at 7, etc.).
Summary: Multi-page exhibits must be internally paginated starting at 1, with references including exhibit and page number.
Document Filing Requirements28 rules
Machine summary. Not checked yet.Mandatory?
The parties shall not file motions in limine prior to the pretrial conference.
Summary: Motions in limine prohibited before pretrial conference.
Document Type
Motion In Limine
Machine summary. Not checked yet.Mandatory?
The parties are required to submit a Joint Pretrial Statement pursuant to Local Rule 281. The parties’ Joint Pretrial Statement must be filed seven (7) days before the date set for the Final Pretrial Conference and must also be emailed as a Word document to: DJCorders@caed.uscourts.gov. Separate pretrial statements are not permitted unless a party is not represented by counsel.
Summary: Joint Pretrial Statement required 7 days before final pretrial conference, emailed as Word doc.
Document Type
Joint Pretrial Statement
Machine summary. Not checked yet.Mandatory?
The Joint Pretrial Statement must cover all topics detailed in Local Rule 281 with the following clarifications: (1) the parties must include a neutral joint statement of case; (2) all duplicative or overlapping exhibits between parties must be listed as joint exhibits on a separate joint exhibit list, identified as JX−1, JX−2, etc.; (3) plaintiff’s exhibits shall be listed numerically, and defendant’s exhibits shall be listed alphabetically; (4) all exhibits must be identified with a reasonable amount of detail (e.g., date, Bates-stamp number, description, estimated page length) so that there is no confusion as to what exhibit is identified; (5) all remaining issues (e.g., claims, affirmative defenses, forms of relief) asserted in the action must be stated under the points of law section or identified as an abandoned issue; (6) motions in limine listed should be limited to those which the parties reasonably anticipate filing; and (7) the anticipated length of trial.
Summary: Joint Pretrial Statement must include neutral case statement, joint exhibits, detailed exhibit descriptions, and trial length.
Document Type
Joint Pretrial Statement
Machine summary. Not checked yet.Mandatory?
In addition, parties shall provide proposed consent decrees where applicable, and proposed findings of fact and conclusions of law following a bench trial. Any such required proposed order shall be submitted in compliance with Local Rule 137(b) and e-mailed in Microsoft Word format to DJCorders@caed.uscourts.gov.
Summary: Proposed consent decrees and findings/conclusions required after bench trial, emailed in Word format.
Document Type
Bench Trial
Machine summary. Not checked yet.Mandatory?
A notice of motion shall contain a certification by counsel filing the motion that meet and confer efforts have been exhausted, with a very brief summary of meet and confer efforts.
Summary: Motion notice must include certification that meet and confer efforts were exhausted with brief summary.
Document Type
Notice Of Motion
Machine summary. Not checked yet.Mandatory?
In actions where jurisdiction is based under 28 U.S.C. § 1332(a), all parties and intervenors must file a disclosure statement on initial appearance, pleading, petition, motion, response, or other request addressed to the court, as required by Fed. R. Civ. P. 7.1(a)(2).
Summary: Diversity jurisdiction parties must file disclosure statement on initial appearance or filing.
Document Type
Disclosure Statement
Machine summary. Not checked yet.Mandatory?
All non-governmental corporate parties or intervenors must file a corporate disclosure statement on initial appearance, pleading, petition, motion, response, or other request addressed to the court, as required by Fed. R. Civ. P. 7.1(a)(1).
Summary: Corporate parties must file disclosure statement on initial appearance or filing.
Document Type
Corporate Disclosure Statement
Machine summary. Not checked yet.Mandatory?
Concurrently with the service of process, or as soon thereafter as possible, plaintiff(s) shall serve upon each of the parties named herein, and upon all parties subsequently joined, a copy of all new civil case orders issued, and shall file with the Clerk a certificate reflecting such service.
Summary: Plaintiff must serve copies of new civil case orders and file certificate of service.
Document Type
Civil Case Order
Machine summary. Not checked yet.Mandatory?
In the event this action was originally filed in a state court and was thereafter removed to this court, the removing party or parties shall, immediately following such removal, serve upon each of the other parties named herein, and upon all parties subsequently joined, a copy of all new civil case orders issued, and shall file with the Clerk a certificate reflecting such service.
Summary: Removing party must serve new civil case orders and file certificate after removal.
Document Type
Civil Case Order
Machine summary. Not checked yet.Mandatory?
All motions for early termination of supervised release shall state the positions of Probation, the Defendant, and the United States.
Summary: Motions for early termination of supervised release must include positions of all parties.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
If the Court grants a motion for early termination of supervised release filed by the Defendant, the Defendant shall, within five days, file a proposed order that has been approved by Probation as to form.
Summary: If early termination motion is granted, defendant must file Probation-approved proposed order within 5 days.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
Finally, no supplemental briefs or sur-replies shall be filed and will not be considered without prior leave of court.
Summary: Supplemental briefs and sur-replies prohibited without prior leave of court.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Pretrial motions must be filed in writing not less than 14 days before the date the motion is noticed for hearing.
Summary: Pretrial motions must be filed at least 14 days before hearing date.
Document Type
Pretrial Motion
Machine summary. Not checked yet.Mandatory?
No party will be entitled to be heard in opposition to a motion at oral argument if that party has not timely filed an opposition to the motion.
Summary: Parties must file timely opposition to be heard at oral argument.
Document Type
Opposition
Machine summary. Not checked yet.Mandatory?
If a party does not oppose a noticed motion, a party must file a statement of non-opposition to that effect.
Summary: Non-opposition to motions requires filing a statement of non-opposition.
Document Type
Statement Of Non Opposition
Machine summary. Not checked yet.Mandatory?
Any opposition to a noticed motion shall be served and filed within seven days after the motion is filed.
Summary: Opposition to motions must be filed within 7 days after motion filing.
Document Type
Opposition
Machine summary. Not checked yet.Mandatory?
Any reply shall be served and filed not more than four days after the opposition is due.
Summary: Replies must be filed within 4 days after opposition deadline.
Document Type
Reply
Machine summary. Not checked yet.Mandatory?
A notice of motion shall contain a certification by counsel filing the motion that meet and confer efforts have been exhausted, with a very brief summary of meet and confer
Summary: Notice of motion must include a certification that meet and confer efforts are exhausted, with a brief summary.
Document Type
Notice Of Motion
Machine summary. Not checked yet.Mandatory?
Upon filing a motion for summary judgment, the parties shall carefully read Local Rule 260. The moving party shall include a Statement of Undisputed Facts with their motion.
Summary: Moving parties must include a Statement of Undisputed Facts with their motion for summary judgment.
Document Type
Statement Of Undisputed Facts
Machine summary. Not checked yet.Mandatory?
The parties are not required to submit proposed orders with civil motions set for hearing before Judge Calabretta, with the exception that proposed orders shall be submitted with motions for a temporary restraining order and motions for a preliminary injunction. In addition, parties shall provide proposed consent decrees where applicable, and proposed findings of fact and conclusions of law following a bench trial.
Summary: Proposed orders are required for TRO and preliminary injunction motions before Judge Calabretta, optional for other civil motions; proposed consent decrees and post-bench trial findings are also required where applicable.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
The non-moving party shall reproduce and respond to the moving party’s Statement of Undisputed Facts. The non-moving party may also file a concise Statement of Disputed Facts.
Summary: Non-moving parties must reproduce and respond to the moving party's Statement of Undisputed Facts and may file a concise Statement of Disputed Facts.
Document Type
Statement Of Disputed Facts
Machine summary. Not checked yet.Mandatory?
The moving party shall reproduce and respond to the non-moving party’s Statement of Disputed Facts, but the moving party may not file a reply to the non-moving party’s response to the Statement of Undisputed Facts.
Summary: Moving parties must reproduce and respond to the non-moving party's Statement of Disputed Facts and may not reply to the non-moving party's response to the Statement of Undisputed Facts.
Document Type
Response To Statement Of Disputed Facts
Machine summary. Not checked yet.Mandatory?
The filer shall include an affidavit indicating a satisfactory explanation for the following: (1) the need for the issuance of such an order, (2) the inability of the filer to obtain a stipulation for the issuance of such an order from other counsel or parties in the action, and (3) why such request cannot be noticed on the Court’s civil law and motion calendar as provided by Local Rule 230.
Summary: Ex parte applications must include an affidavit explaining the need for the order, inability to obtain stipulation, and why the request cannot be noticed per Local Rule 230.
Document Type
Ex Parte Application
Machine summary. Not checked yet.Mandatory?
In addition, the document(s) must indicate whether an opposition will be filed.
Summary: Ex parte applications must indicate whether an opposition will be filed.
Document Type
Ex Parte Application
Machine summary. Not checked yet.Mandatory?
Separate pretrial statements are not permitted unless a party is not represented by counsel.
Summary: Separate pretrial statements prohibited unless party is pro se; must submit Joint Pretrial Statement.
Document Type
Pretrial Statement
Machine summary. Not checked yet.Note?
The parties are not required to submit proposed orders with civil motions set for hearing before Judge Calabretta, with the exception that proposed orders shall be submitted with motions for a temporary restraining order and motions for a preliminary injunction.
Summary: Proposed orders not required for civil motions except TRO and preliminary injunction.
Document Type
Motion
Machine summary. Not checked yet.Note?
The parties are generally not required to submit proposed orders with criminal motions set for hearing before Judge Calabretta. If a proposed order is ever required (such as for orders granting early termination of supervised release, see Section VII), it shall be submitted in compliance with Local Rule 137(b) and e-mailed in Microsoft Word format to DJCorders@caed.uscourts.gov.
Summary: Proposed orders generally not required for criminal motions, but required for early termination of supervised release.
Document Type
Motion
Machine summary. Not checked yet.Note?
The above listed jury instructions need not be included in the proposed jury instructions except where parties are requesting a modified version of an instruction be used instead.
Summary: The listed preliminary jury instructions need not be included in proposed jury instructions unless a modified version is requested.
Document Type
Proposed Jury Instructions
Filing & Service rules
Electronic Filing Rules
Notice of Request to Seal Document(s) must be filed electronically pursuant to Local Rule 141.
Pursuant to Local Rule 141, a Notice of Request to Seal Document(s) must be filed electronically.
Machine summary. Not checked yet. · Civil cases
Page 5 | I. LAW AND MOTION - A. Requests for Sealing
Joint Pretrial Statements must be emailed as Word documents to DJCorders@caed.uscourts.gov.
must also be emailed as a Word document to: DJCorders@caed.uscourts.gov.
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Page 6 | V. TRIAL - A. Pretrial Statements and Final Pretrial Conference
Filing Timing and Cure Windows
Joint Pretrial Statements must be filed 7 days before the Final Pretrial Conference.
The parties’ Joint Pretrial Statement must be filed seven (7) days before the date set for the Final Pretrial Conference
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Page 6 | V. TRIAL - A. Pretrial Statements and Final Pretrial Conference
Service and Proof of Service Rules
Parties have 3 days to submit opposition or non-opposition to sealing request if opposed or not stated unopposed.
If the request is opposed or the moving party does not state that the motion to seal is unopposed, all other parties must submit either an opposition or notice of non-opposition within three days of the date of service of the Notice of Request to Seal Documents. See Local Rule 141(c).
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Page 5 | I. LAW AND MOTION - A. Requests for Sealing
Plaintiff's counsel must immediately serve this standing order on all parties (including future added parties), except in noticed removal cases where the defendant serves all other parties.
Counsel for plaintiff shall immediately serve this order on all parties, including any new parties added to the action in the future, unless this case came to the court by noticed removal, in which case defendant shall serve this order on all other parties.
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Page 7 | VI. NOTICE OF THIS ORDER
Sealing & Redaction Procedures
Sealing requests must comply with Local Rule 141 and FRCP, state opposition status, and allow 3 days for opposition/non-opposition.
All requests for sealing must comply with the requirements of Local Rule 141 and Federal Rules of Civil Procedure. Additionally, the moving party must clearly state in their motion whether or not the request is opposed by another party. If the request is opposed or the moving party does not state that the motion to seal is unopposed, all other parties must submit either an opposition or notice of non-opposition within three days of the date of service of the Notice of Request to Seal Documents. See Local Rule 141(c).
Machine summary. Not checked yet. · Civil cases
Protective orders don't govern public docket sealing; proponent must file sealing requests and provide advance notice to opposing parties.
Protective orders covering the discovery phase shall not govern the filing of sealed or redacted documents on the public docket. The court will only consider requests to seal or redact filed by the proponent of sealing or redaction. If a party plans to make a filing that includes material an opposing party has identified as confidential and potentially subject to sealing or redacting, the filing party shall provide the opposing party with sufficient notice in advance of filing to allow for the seeking of an order of sealing or redaction from the court.
Machine summary. Not checked yet. · Civil cases
Sealing requests must be filed electronically with specific email addresses and include proposed order in Word format.
Pursuant to Local Rule 141, a Notice of Request to Seal Document(s) must be filed electronically. The Request to Seal, a proposed sealing order (in Word), and all documents covered by the request must be emailed to DJCorders@caed.uscourts.gov. If the request is approved and notice of electronic filing is received, the approved order must be emailed to ApprovedSealed@caed.uscourts.gov for filing under seal.
Machine summary. Not checked yet. · Civil cases
Documents cannot be sealed or redacted without prior court approval, except as required by Local Rule 140.
No document will be sealed, nor shall a redacted document be filed, without the prior approval of the Court, unless such redaction is required by Local Rule 140.
Machine summary. Not checked yet. · Civil cases
Documents cannot be sealed or redacted without court approval unless required by Local Rule 140.
No document will be sealed, nor shall a redacted document be filed, without the prior approval of the Court, unless such redaction is required by Local Rule 140.
Machine summary. Not checked yet. · Criminal cases
Sealing/redaction requests for motions before Judge Calabretta must be directed to him, not the Magistrate Judge.
If a document for which sealing or redaction is sought relates to the record on a motion to be decided by Judge Calabretta, the request to seal or redact should be directed to him and not the assigned Magistrate Judge.
Machine summary. Not checked yet. · Criminal cases
Sealing requests must comply with Local Rule 141 and FRCP, with opposition/non-opposition required within 3 days.
All requests for sealing must comply with the requirements of Local Rule 141 and Federal Rules of Criminal Procedure. Additionally, the moving party must clearly state in their motion whether or not the request is opposed by another party. If the request is opposed or the moving party does not state that the motion to seal is unopposed, all other parties must submit either an opposition or notice of non-opposition within three days of the date of service of the Notice of Request to Seal Documents. See Local Rule 141(c).
Machine summary. Not checked yet. · Criminal cases
Protective orders don't govern sealed/redacted filings; proponent must file sealing requests; advance notice required for confidential material.
Protective orders covering the discovery phase shall not govern the filing of sealed or redacted documents on the public docket. The Court will only consider requests to seal or redact filed by the proponent of sealing or redaction. If a party plans to make a filing that includes material an opposing party has identified as confidential and potentially subject to sealing or redacting, the filing party shall provide the opposing party with sufficient notice in advance of filing to allow for the seeking of an order of sealing or redaction from the court.
Machine summary. Not checked yet. · Criminal cases
Sealing requests must be filed electronically with specific email addresses for submission and approval.
Pursuant to Local Rule 141, a Notice of Request to Seal Document(s) must be filed electronically. The Request to Seal, a proposed sealing order (in Word), and all documents covered by the request must be emailed to DJCorders@caed.uscourts.gov. If the request is approved and notice of electronic emailed to ApprovedSealed@caed.uscourts.gov for filing under seal.
Machine summary. Not checked yet. · Criminal cases
Filing parties must seek sealing/redaction order if including material opposing party identified as confidential.
If a party plans to make a filing that includes material an opposing party has identified as confidential and potentially subject to sealing or redacting, the filing party shall seek an order of sealing or redaction from the court.
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Page 5 | I. LAW AND MOTION - B. Protective Orders
Sealing requests must comply with LR 141 and FRCP; moving party must state if request is opposed.
All requests for sealing must comply with the requirements of Local Rule 141 and Federal Rules of Civil Procedure. Additionally, the moving party must clearly state in their motion whether or not the request is opposed by another party.
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Page 5 | I. LAW AND MOTION - A. Requests for Sealing
Discovery protective orders do not govern sealed/redacted public docket filings; only proponent of sealing may file requests.
Protective orders covering the discovery phase shall not govern the filing of sealed or redacted documents on the public docket. The court will only consider requests to seal or redact filed by the proponent of sealing or redaction.
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Page 5 | I. LAW AND MOTION - B. Protective Orders
Sealing/redaction requires prior court approval except LR 140 redaction; requests for Judge Calabretta motions go to him, all requests governed by LR 141 and 140.
No document will be sealed, nor shall a redacted document be filed, without the prior approval of the Court, unless such redaction is required by Local Rule 140. If a document for which sealing or redaction is sought relates to the record on a motion to be decided by Judge Calabretta, the request to seal or redact should be directed to him and not the assigned Magistrate Judge. All requests to seal or redact shall be governed by Local Rules 141 (sealing) and 140 (redaction).
Machine summary. Not checked yet. · Civil cases
Page 5 | I. LAW AND MOTION
Sealing request materials must be emailed to DJCorders; approved documents emailed to ApprovedSealed for filing under seal.
The Request to Seal, a proposed sealing order (in Word), and all documents covered by the request must be emailed to DJCorders@caed.uscourts.gov. If the request is approved and notice of electronic filing of the sealing order is received, all documents covered by the order must be emailed to ApprovedSealed@caed.uscourts.gov for filing under seal.
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Page 5 | I. LAW AND MOTION - A. Requests for Sealing
Filing Bundling Requirements
Proposed jury instructions must be filed jointly in a single set.
Unless otherwise ordered, proposed jury instructions must be filed jointly in a single set.
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Page 2 | B. Jury Instructions
Pre-Motion Conference Requirements
Pre-filing meet and confer required for motions in cases with represented parties.
Prior to filing a motion in a case in which the parties are represented by counsel, counsel shall engage in a pre-filing meet and confer to discuss thoroughly the substance of the contemplated motion and any potential resolution.
Machine summary. Not checked yet. · Civil cases
Pre-filing meet and confer required for motions where parties are represented by counsel.
Prior to filing a motion in a case in which the parties are represented by counsel, counsel shall engage in a pre-filing meet and confer to discuss thoroughly the substance of the contemplated motion and any potential resolution. Counsel should resolve minor procedural or other non-substantive matters during the meet and confer process so that briefing on motions that proceed to hearing is directed only to those substantive issues requiring resolution by the Court.
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Page 2 | I. LAW AND MOTION C. Meet and Confer Requirements
For cross summary judgment motions, plaintiff must file opening brief 14 days before dispositive deadline, notice of motion must indicate cross motions and set hearing 42 days after filing.
If the parties do intend to file cross motions, the plaintiff must file the opening brief for summary judgment at least fourteen (14) days before the dispositive motions deadline. The plaintiff’s concurrently-filed notice of motion shall indicate the parties’ intention to file cross motions and shall notice a hearing date at least forty-two (42) days from the date of filing.
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Page 3 | I. LAW AND MOTION - D. Motions for Summary Judgment
Only four briefs may be filed for cross summary judgment motions regardless of the number of complaints; non-compliance results in denial without prejudice.
These are the only four briefs that may be filed, even if the parties move for summary judgment on more than one complaint (e.g., motions on a complaint and a counterclaim). The parties must obtain permission from the Court to exceed the stated page limitations. If the parties do not comply with this procedure and schedule for filing cross motions for summary judgment, but nonetheless file cross motions, the Court will deny both motions without prejudice.
Machine summary. Not checked yet. · Civil cases
Page 3 | I. LAW AND MOTION - D. Motions for Summary Judgment
Parties must meet and confer 28 days before the dispositive motions deadline to determine if they will file cross summary judgment motions.
At least twenty-eight (28) days before the dispositive motions filing deadline, the parties must meet and confer to determine whether they intend to file cross motions for summary judgment.
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Page 3 | I. LAW AND MOTION - D. Motions for Summary Judgment
Motions in limine are prohibited from being filed before the pretrial conference.
The parties shall not file motions in limine prior to the pretrial conference.
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Page 7 | V. TRIAL
Ex parte applications are typically submitted to the Court without a hearing unless otherwise notified.
Ex parte applications typically are not heard but are submitted by the Court unless otherwise notified.
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Page 4 | II. EX PARTE APPLICATIONS
Adjournment & Extension Requirements
Extension requests must be filed well in advance and include existing dates, specific good cause reasons, and prior extension history.
No stipulations extending scheduling requirements or modifying applicable rules are effective until and unless the Court approves them. Both applications and stipulations must be filed well in advance of the date due and set forth: (1) the existing due date or hearing date as well as the discovery cutoff date, the last date for hearing motions, the pre−trial conference date and the trial date; (2) specific, concrete reasons supporting good cause for granting the extension. In this regard, a statement that an extension “will promote settlement” is insufficient. The requesting party or parties must indicate the status of ongoing negotiations with specificity; and (3) whether there have been prior requests for extensions, and whether these were granted or denied by the court.
Machine summary. Not checked yet. · Civil cases
Plaintiff must complete service of process within 90 days of filing.
Plaintiff(s) shall complete service of process on all parties within ninety (90) days of the date of filing of the complaint.
Machine summary. Not checked yet. · Civil cases
Parties must confer and submit joint status report with discovery plan within 60 days.
Within sixty (60) days of service of the complaint on any party, or from the date of removal, the parties shall confer as required by Fed. R. Civ. P. 26(f) and shall prepare and submit to the Court a joint status report that includes the Rule 26(f) discovery plan.
Machine summary. Not checked yet. · Civil cases
Extension requests must be filed well in advance and include existing dates, good cause reasons, and prior extension history.
No stipulations extending scheduling requirements or modifying applicable rules are effective until and unless the Court approves them. Both applications and stipulations must be filed well in advance of the date due and set forth: (1) the existing due date, hearing date, or status conference date as well as any other dates and deadlines already set by the Court (e.g., discovery cutoff date, the last date for hearing motions, the trial confirmation hearing date, and/or the trial date); (2) specific, concrete reasons supporting good cause for granting the extension; and (3) whether there have been prior requests for extensions, and whether these were granted or denied by the court.
Machine summary. Not checked yet. · Criminal cases
Extensions/stipulations require court approval, must be filed well in advance, include required elements; trial continuance stipulations disfavored.
No stipulations extending scheduling requirements or modifying applicable rules are effective until and unless the Court approves them. Both applications and stipulations must be filed well in advance of the date due and set forth: (1) the existing due date or hearing date as well as the discovery cutoff date, the last date for hearing motions, the pre−trial conference date and the trial date; (2) specific, concrete reasons supporting good cause for granting the extension. In this regard, a statement that an extension “will promote settlement” is insufficient. The requesting party or parties must indicate the status of ongoing negotiations with specificity; and (3) whether there have been prior requests for extensions, and whether these were granted or denied by the court. Stipulations that have the effect of continuing the trial date are disfavored.
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Page 6 | IV. APPLICATIONS OR STIPULATIONS TO EXTEND THE TIME TO FILE ANY REQUIRED DOCUMENT OR TO CONTINUE ANY PRETRIAL OR TRIAL DATE
Stipulations continuing dispositive motion dates or trial dates are disfavored.
Stipulations that have the effect of continuing dispositive motion dates or the trial date are disfavored.
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Stipulations continuing trial dates are disfavored.
Stipulations that have the effect of continuing the trial date are disfavored.
Machine summary. Not checked yet. · Criminal cases
Chambers Communication Rules
Counsel must contact the Courtroom Deputy via email to obtain available hearing dates for the civil law and motion calendar.
however, counsel shall contact Gabriel Michel, Courtroom Deputy for Judge Calabretta, via email (gmichel@caed.uscourts.gov), to obtain available hearing dates.
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Page 1 | I. LAW AND MOTION A. Calendar
Filers must contact the courtroom deputy and opposing party prior to filing an ex parte application to advise of the request.
The filer is required to contact the courtroom deputy and the opposing party prior to the filing of the ex parte application in order to advise that such a request is being made.
Machine summary. Not checked yet. · Civil cases
Page 4 | II. EX PARTE APPLICATIONS