Eastern District of New York Adjournment & Extension Requirements

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All requests for adjournments or enlargement of time must be in writing and state: i. The original date; ii. The number of previous requests for adjournment or enlargement; iii. Whether these previous requests were granted or denied; and iv. Whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. If the requested adjournment or enlargement of time affects any other scheduled dates, proposed revised dates must be provided. Absent an emergency, all requests for adjournment or enlargement of time shall be made at least 48 hours prior to the scheduled deadline or appearance.

Summary: Adjournment requests must be in writing with specific elements and made at least 48 hours in advance unless an emergency.

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All requests for adjournment or enlargement of time must be in writing and state (1) the original date, (2) the number of previous requests for adjournment or enlargement, (3) whether these previous requests were granted or denied, and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.

Summary: Adjournment requests must be in writing with specific required information.

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If the requested adjournment or enlargement affects any other scheduled dates, a proposed Revised Scheduling Order must be attached. If the request is for an adjournment of a court appearance, it shall be made at least 48 hours prior to the scheduled appearance, absent an emergency.

Summary: Adjournment requests affecting other dates need revised scheduling order; 48-hour notice required.

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All requests for adjournments or extensions must be in writing and state: i. The original date; ii. The proposed date; iii. The number of previous requests for adjournment or extension; iv. Whether these previous requests were granted or denied; and v. Whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.

Summary: Adjournment requests must be in writing with specific required elements.

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If the requested adjournment affects any other scheduled dates, proposed revised dates must be provided. Absent an emergency, all requests for adjournment are to be made at least 48 hours prior to the scheduled deadline or appearance.

Summary: Adjournment requests must be made 48 hours in advance unless emergency.

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Applications regarding sentencing adjournments shall be made in writing by defense counsel at least five business days prior to the date of sentencing. The Government’s response, if any, shall be made in writing at least two business days before the date of sentencing.

Summary: Sentencing adjournment requests require 5 business days notice from defense, 2 business days for government response.

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All requests for adjournments or extensions of time must be by ECF letter only (except for pro se litigants) and must state:

Summary: Adjournment/extension requests must be ECF letters (except pro se).

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Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must state (1) the original date, (2) the number of previous requests for adjournment or extension, (3) whether these previous requests were granted or denied, and (4) the adversary’s position (consents or opposes), and, if opposed, the reasons given by the adversary for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached.

Summary: Adjournment/extension requests must include original date, previous requests, and adversary position.

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If the request is for an adjournment of a court appearance, it shall be made at least 48 hours prior to the scheduled appearance, absent an emergency.

Summary: Adjournment requests for court appearances require 48-hour advance notice.

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Provide at least two (2) business days’ notice.

Summary: Adjournment and extension requests require at least two business days of advance notice.

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Due at least one (1) week before the date of sentencing.

Summary: Applications for adjournments must be made at least one week before sentencing.

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All requests for adjournments or extensions of time must be in writing and state: (i) the reason for the request; (ii) the original deadline; (iii) the number of previous requests for adjournments or extensions; (iv) whether any previous requests were granted or denied; (v) whether the adversary consents, and, if not, the reasons given by the adversary for declining to consent; and (vi) proposed date(s) for adjournment or extension of time.

Summary: Adjournment or extension requests must be written and include specific required details including reason, deadline history, adversary position, and proposed new dates.

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Absent an emergency, requests for adjournments of court appearances and extensions of filing deadlines shall be made at least two (2) business days prior to the scheduled appearance or filing deadline.

Summary: Absent emergency, adjournments of appearances and filing deadline extensions must be requested at least two business days in advance.

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Requests for adjournments of sentencings shall be made at least one (1) week before the scheduled sentencing.

Summary: Sentencing adjournment requests must be made at least one week before the scheduled sentencing.

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A party must call chambers when seeking to adjourn a court appearance scheduled to take place within 24 hours.

Summary: A chambers phone call is mandatory for requests to adjourn court appearances scheduled within 24 hours.

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Applications regarding sentencing adjournments shall be made in writing at least one (1) week prior to the date of sentencing and must state the reason for the request and whether the opposing party consents. If the opposing party does not consent, the application for adjournment must provide the reasons given by the opposing party for declining to consent.

Summary: Sentencing adjournment requests must be made in writing at least one week in advance and must include the reason and opposing party consent position, including reasons for any non-consent.

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Civil cases

Requests for Adjournments or Extensions of Time: All requests for adjournments or extensions of time must be made NO LATER THAN THREE (3) BUSINESS DAYS PRIOR TO THE DATE IN QUESTION, by letter motion via ECF and must include: 1. The reason for the request; 2. The original deadline or conference date;

Summary: Adjournment/extension requests must be filed by ECF letter motion at least 3 business days in advance and include the reason and original deadline/conference date.

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Civil cases

4. Whether these previous requests were granted or denied; 5. Whether the adversary consents, and, if not, the reason given by the adversary for refusing to consent; and 6. Proposed date(s) for the adjournment or extension of time.

Summary: Adjournment or extension requests must state prior request outcomes, adversary consent position, and proposed new dates.

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Civil cases

Absent an emergency, requests for adjournments of the pretrial conference must be made at least three (3) business days prior to the scheduled appearance and in accordance with Rule II(D) above.

Summary: Pretrial conference adjournment requests must be made at least 3 business days in advance unless there is an emergency.

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All requests for adjournments or extensions of time must state (1) the original date due, (2) the number of previous requests for adjournment or extension, (3) whether these previous requests were granted or denied, and (4) whether the adversary consents.

Summary: Adjournment and extension requests must include prior-date history and adversary-consent details.

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If the request is for an adjournment of a court appearance, it must be made earlier than 1 week prior to the scheduled date.

Summary: Requests to adjourn a court appearance must be made more than one week before the scheduled date.

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After consulting with Matthew O’Brien (or chambers staff) concerning available Court dates, motions to continue on consent must be filed by 5pm one week prior to the scheduled date.

Summary: Consent motions to continue must be filed by 5pm one week before the scheduled date after consulting chambers staff.

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A request for an adjournment of a court appearance shall be filed as a “Motion to Adjourn Conference” at least 48 hours prior to the appearance. Emergency requests for adjournment made within 48 hours prior to the scheduled court appearance shall be initiated by a phone call to the Case Manager.

Summary: Adjournment requests for court appearances must be filed at least 48 hours in advance, while emergency requests within 48 hours must be initiated by phone call to the Case Manager.

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All requests for extensions of time to comply with any rule or order must be filed as a “Motion for Extension of Time” and state (1) the original compliance date, (2) the number of previous requests for extension, (3) whether those previous requests were granted or denied, (4) the reason for the extension, and (5) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. Requests for extensions will not be considered unless submitted on 48 hours’ notice, absent good cause shown. If the requested extension affects any other scheduled dates, a proposed revised scheduling order must be provided, and it must indicate whether the proposed revised dates are on consent.

Summary: Extension requests must be filed as a Motion for Extension of Time, include specified disclosures, be made on 48 hours’ notice absent good cause, and include a proposed revised schedule when other dates are affected.

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Requests for adjournments or extensions of time must be made at least three business days prior to the scheduled deadline or appearance and must be filed through ECF, except for pro se litigants.

Summary: Adjournment/extension requests must be filed on ECF at least 3 business days before deadline, except for pro se litigants.

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Generally speaking, it is the Court’s practice not to adjourn previously scheduled deadlines, including trial dates, upon notification that a settlement in principle has been reached. Deadlines will generally be adjourned only when and if a stipulation of dismissal has been entered and become effective or the parties properly file notice that a Rule 68 offer of judgment has been accepted.

Summary: Court will not adjourn deadlines upon settlement in principle; only upon effective stipulation of dismissal or accepted Rule 68 offer.

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Criminal cases

Requests for adjournments of court appearances or extensions of time must be made at least three business days prior to the scheduled deadline or appearance and must be filed through ECF, except for pro se litigants.

Summary: Adjournment and extension requests must be filed at least three business days in advance and through ECF, except pro se litigants.

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Criminal cases

All requests must state: a. The existing date of the deadline as to which the adjournment is sought; b. the reason for the request;

Summary: Adjournment or extension requests must include the current deadline/appearance date and the reason for the request.

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Criminal cases

d. whether the adversary consents and, if not, the reason for declining; and e. whether the parties have agreed on a new date—both among themselves and with the Case Manager/Courtroom Deputy; f. whether the parties have agreed to exclude time under the Speedy Trial Act, if applicable, and on what legal basis; and g. whether the adjournment or extension of time may affect any other scheduled dates. If so, the requesting party must provide a proposed Revised Scheduling Order.

Summary: Adjournment or extension requests must address adversary consent, proposed new date coordination, Speedy Trial Act time exclusion basis if applicable, and effects on other dates with a proposed revised scheduling order when needed.

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Criminal cases

Requests to file memoranda exceeding the page limits set forth herein must be made in writing at least five days prior to the due date, except with respect to reply briefs, in which case the written request must be made in writing at least two days prior to the due date.

Summary: Requests to exceed memorandum page limits must be made in writing at least 5 days before the due date, or 2 days for reply briefs.

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All requests for adjournments or extensions of time must be in writing and state (1) the original date, (2) the number of previous requests for adjournment or extension, (3) whether these previous requests were granted or denied, and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a proposed revised dates must be provided.

Summary: Adjournment and extension requests must be in writing and include specified prior-request and adversary-position details, plus revised dates when other deadlines are affected.

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If the request is for an adjournment of a court appearance, absent an emergency, it shall be made at least 48 hours prior to the scheduled appearance.

Summary: Adjournment requests for court appearances must be made at least 48 hours in advance unless there is an emergency.

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All requests for adjournments or extensions of time must be made in writing on ECF 48 hours in advance, absent an emergency. The parties must meet and confer before submitting such requests, and such requests must include joint proposed dates.

Summary: Adjournment or extension requests must be filed on ECF at least 48 hours in advance, with meet-and-confer and joint proposed dates, unless emergency.

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No extensions will be granted.

Summary: Extensions are not permitted for this pretrial submission requirement.

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Absent an emergency, and unless otherwise provided for by these Individual Practices, all requests for adjournments or extensions of time must be made at least three (3) business days prior to a scheduled deadline or appearance.

Summary: Adjournment or extension requests must be filed at least three business days before the relevant deadline or appearance unless there is an emergency.

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All requests for adjournments or extensions of time must be filed by ECF Letter only (except for pro se litigants), and must state: (a) the original date; (b) the number of previous requests for adjournment or extension; (c) whether these previous requests were granted or denied; (d) whether the adversary consents, and, if not, the reasons by the applicant, and by the adversary, for and against the relief requested; (e) all other dates previously scheduled, including dates for conferences with the Court, and a suggested modified schedule, agreed to by all other counsel; and (f) the grounds for the extension or adjournment.

Summary: Adjournment or extension requests must be filed by ECF letter (except pro se) and include specified prior-date, history, consent, schedule, and grounds information.

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Applications regarding sentencing adjournments shall be made in writing at least 10 business days prior to the date of sentencing. The response, if any, shall be made in writing at least six business days before the date of sentencing.

Summary: Sentencing adjournment applications must be filed in writing at least 10 business days before sentencing.

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All requests for adjournments or extensions of time must be made by letter to the Court, stating (1) the original date, (2) the number of previous requests for adjournment or extension, (3) whether these previous requests were granted or denied, (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. If the request is for an adjournment of a court appearance, absent an emergency, it shall be made at least 48 hours prior to the scheduled appearance.

Summary: Adjournment/extension requests must be made by letter with specific required elements and 48-hour advance notice for court appearances.

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Must be made in the form of a letter filed by ECF at least 48 hours before the deadline or court appearance.

Summary: Adjournment and extension requests must be filed by ECF letter at least 48 hours before the relevant deadline or appearance.

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All requests for adjournments of court appearances or extensions of time must be made in the form of a letter filed by ECF at least 48 hours before the deadline or court appearance. The request must indicate: (1) the original date and time; (2) the reason for the request; (4) the number of previous requests; (5) whether the adversary consents, and, if not, the reasons given by the adversary for refusing consent; (6) proposed alternative dates when all parties are available; and (7) whether the request affects any other scheduled deadline or court appearance (in which case alternative dates must be proposed).

Summary: Adjournment and extension requests must be filed by ECF letter at least 48 hours in advance and include specified details.

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All requests for adjournments of Court appearances and scheduled hearings or extensions of deadlines shall be made as soon as a party is aware of the need and, in any event, at least two (2) business days prior to the appearance, scheduled hearing, or deadline, absent an emergency.

Summary: Adjournment and extension requests must be made as soon as possible and at least two business days in advance unless there is an emergency.

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All adjournment and extension requests must state: a. The original scheduled Court date, due date or deadline; b. The number of previous requests for adjournments or extensions; c. Whether previous requests were granted or denied; d. The reason for the request; e. Whether the adversary consents, and if not, the reasons given by the adversary for refusing to consent; and f. If the requested adjournment or extension affects any other scheduled date(s), the request must list the proposed change for such other date(s) and, if applicable, suggest dates on which all parties are available.

Summary: Adjournment and extension requests must include prior dates, prior request history, reasons, adversary position, and effects on other deadlines with proposed new dates.

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Requests for extensions of time to file responsive pleadings shall be addressed to the assigned Magistrate Judge and shall be filed to ECF.

Summary: Extension requests for responsive pleadings must be directed to the assigned Magistrate Judge and filed on ECF.

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The parties may not change a briefing schedule, whether set by the Court or the Federal and/or Local Rules, without permission from the Court.

Summary: Any adjournment or extension of briefing deadlines requires court permission.

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All requests for adjournments of court appearances or extensions of time to file documents shall be made as soon as a party is aware of the need and, in any event, at least two (2) business days prior to the scheduled appearance, due date, or deadline, absent an emergency.

Summary: Adjournment and extension requests must be made as soon as the need is known and at least two business days in advance unless there is an emergency.

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Requests for extensions of time to file documents shall be filed as a “Motion for Extension of Time to File”. The deadline to file the document(s) is not extended unless the Court informs all parties – typically by order or notice on ECF – that the motion has been granted. All requests for extensions of time must state: i. The original scheduled due date or deadline; ii. The number of previous requests for extensions; iii. Whether previous requests were granted or denied; iv. The reason for the requested extension of time; v. Proposed date(s) for the Court’s consideration; and vi. Whether the other party(ies) consents, and if not, the reasons given for refusing to consent. If the requested extension affects any other scheduled due dates or deadlines, the request must list the proposed changes for all such other dates.

Summary: Extension requests must be filed as a motion and include specified details such as prior requests, reasons, proposed dates, consent position, and impacts on other deadlines.

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Requests for adjournments of court appearances shall be filed as a “Motion to Continue”. The scheduled appearance is not adjourned unless the Court informs all parties – typically by order or notice on ECF – that the motion has been granted. All requests for adjournments of court appearances must state: i. The original scheduled Court date; ii. The number of previous requests for adjournments; iii. Whether previous requests were granted or denied; iv. The reason for the requested continuance of the court appearance; v. At least three (3) suggested dates on which all parties are available. NOTE: If the Court is unavailable during the dates/times proposed, it may reschedule the appearance to a date/time of its convenience; vi. Whether the other party(ies) consents, and if not, the reasons given for refusing to consent; and vii. If applicable, whether the defendant consents to a Waiver of Speedy Trial for the time between the original scheduled Court date and the proposed date.

Summary: Adjournment/continuance requests must be filed by motion and include required details including prior requests, reasons, available dates, adversary position, and (if applicable) speedy-trial waiver consent.

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Requests for adjournments of sentencing shall be filed as a “Motion to Continue Sentencing”. Sentencing is not adjourned unless the Court informs all parties – typically by order or notice on ECF – that the motion has been granted. All requests for adjournments of court appearances must state: i. The original scheduled Court date; ii. The number of previous requests for adjournments; iii. Whether previous requests were granted or denied; iv. The reason for the continuance of the court appearance; v. At least three (3) suggested dates on which all parties are available. If the requested adjournment affects the due dates for the filing of sentencing memoranda, the request must list the proposed changes for all such other dates. NOTE: If the Court is unavailable during the dates/times proposed, it may reschedule the sentencing proceeding to a date/time of its convenience; and vi. Whether the other party(ies) consents, and if not, the reasons given for refusing to consent.

Summary: Adjournment/continuance requests for sentencing must be filed by motion and include specified scheduling, history, reason, and consent details.

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Requests for extensions of time to file sentencing memoranda shall be filed as a “Motion for Extension of Time to File”. The deadline to file is not extended unless the Court informs all parties – typically by order or notice on ECF – that the motion has been granted. All requests for extensions of time must state: i. The original scheduled due date; ii. The number of previous requests for extensions; iii. Whether previous requests were granted or denied; iv. The reason for the requested extension of time; v. Proposed date(s) for the Court’s consideration; and vi. Whether the other party(ies) consents, and if not, the reasons given for refusing to consent.

Summary: Extension requests for sentencing-memorandum deadlines must be filed by motion and include specified date, history, reason, proposed date, and consent information.

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Any letters to Judge Matsumoto requesting court intervention, including those requesting an adjournment or extension of deadlines, must be electronically filed under “Motions” and not as a “Letter” under “Other Documents.”

Summary: Adjournment and extension request letters must be electronically filed under the Motions event, not as letters under Other Documents.

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All requests for adjournments of conferences or extensions of time must be made in writing, at least two business days in advance of the deadline or scheduled appearance and must be filed by ECF,

Summary: Adjournment and extension requests must be written, filed on ECF, and submitted at least two business days before the deadline or appearance.

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and must state (1) the original date; (2) the reason for the request; (3) how much additional time is needed; (4) the number of previous requests for adjournment or extension by either party and whether these previous requests were granted or denied;

Summary: Adjournment/extension requests must include the original date, reason, requested extra time, and prior request history with outcomes.

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Applications regarding sentencing adjournments shall be made in writing by defense counsel at least five business days prior to the date of sentencing. The Government’s response, if any, shall be made in writing at least two business days before the date of sentencing.

Summary: Sentencing adjournment requests must be made in writing at least five business days before sentencing, with any government response due at least two business days before sentencing.

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Absent an emergency, all requests for adjournments or extensions of time must be made at least two (2) business days prior to a scheduled deadline or appearance.

Summary: Adjournment or extension requests must be made at least two business days before the deadline or appearance unless there is an emergency.

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and must state: a) the original date; b) the reason for the request; c) the number of previous requests for adjournments or extensions of time; d) whether these previous requests were granted or denied; e) whether the adversary consents, and, if not, the reason given by the adversary for refusing to consent; and f) whether the adjournment or extension of time affects any other scheduled dates. If so, the party must provide a proposed Revised Scheduling Order.

Summary: Adjournment or extension requests must include prior date, reason, prior-request history, adversary position, and effects on other dates with a proposed revised schedule if applicable.

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Requests to file memoranda exceeding the page limits set forth herein must clearly state the basis for the request and will only be granted for good cause shown. Any such requests must be made in writing five (5) business days prior to the relevant memorandum’s due date, except with respect to reply briefs, in which case the request must be made at least one (1) day prior to the due date.

Summary: Requests to exceed memorandum page limits must be written, state the basis, be made five business days before the due date, and for reply briefs at least one day before.

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Applications regarding sentencing adjournments must be made in writing by defense counsel at least five (5) business days prior to the date of sentencing. Extensions for this deadline may be granted for good cause shown.

Summary: Sentencing adjournment applications must be written and filed at least five business days before sentencing, with extensions only for good cause.

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Adjournment applications at least 10 business days before sentencing. Response due 6 business days prior to sentencing.

Summary: Adjournment applications for sentencing must be filed at least 10 business days before sentencing, with responses due 6 business days prior.

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All requests for adjournments or extension of time must be in writing and submitted on ECF and state: a. the original date; b. the reason for the request; c. the number of previous requests for adjournment or extension; d. whether these previous requests were granted or denied; and e. the adversary's position.

Summary: Adjournment and extension requests must be in writing via ECF with specific required elements.

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Absent an emergency, all requests for adjournment or extension of time shall be made at least two (2) business days prior to the scheduled deadline or appearance.

Summary: Adjournment and extension requests require 2 business days advance notice unless emergency.

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Requests for adjournments in criminal cases must also state: a. whether the parties have agreed on a new date or period of availability; and b. whether the parties move, either jointly or separately, to exclude time under the Speedy Trial Act and the reason. If moving separately, the requesting party must indicate whether the non-requesting party opposes the motion.

Summary: Criminal adjournment requests have additional requirements regarding new dates and Speedy Trial Act time exclusions.

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Applications regarding sentencing adjournments shall be made in writing at least ten (10) business days prior to the date of sentencing. The response, if any, shall be made in writing at least six (6) business days before the date of sentencing.

Summary: Sentencing adjournment requests must be submitted at least 10 business days before sentencing, with responses due 6 business days prior.

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The Court requires at least three (3) days' notice of a guilty plea on a violation of supervised release.

Summary: At least 3 days notice required for guilty plea on violation of supervised release.

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All requests for adjournments or extensions of time must be filed on ECF, and must state: 1. The original date; 2. The number of previous requests for adjournment or extension; 3. Whether these previous requests were granted or denied; 4. Whether the adversary consents, and, if not, the reason given by the adversary for refusing to consent; 5. The proposed rescheduled date, if pertaining to a request for extension; and 6. Whether the adjournment or extension affects any other scheduled dates. If so, the party must provide a proposed Revised Scheduling Order.

Summary: Adjournment/extension requests must be filed on ECF and include 6 specific elements including original date, previous requests, adversary consent, and proposed rescheduled date.

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Requests for adjournment of a court appearance must, absent an emergency, be made at least 48 hours prior to the scheduled appearance. Requests for extension of a deadline must, if possible, be made at least 48 hours prior to the scheduled deadline. All requests for adjournments or extensions made within 48 hours of the scheduled appearance or deadline must explain why the party was unable to make the request earlier.

Summary: Adjournment and extension requests must be made at least 48 hours in advance unless emergency, with explanation required for late requests.

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All requests for adjournments or extensions of time must state: (1) the original date; (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; and (4) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.

Summary: Adjournment/extension requests must include original date, number of prior requests, their disposition, and adversary consent status.

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If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling order must be attached.

Summary: Adjournments/extensions affecting other dates require attached proposed Revised Scheduling Order.

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If the request is for an adjournment of a court appearance, absent an emergency it shall be made at least 48 hours prior to the scheduled appearance.

Summary: Adjournment of court appearance requires 48 hours notice unless emergency.

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All requests for adjournments or extensions of time relating to matters not referred to a Magistrate Judge (see Rule 3) must be in writing and state: (i) the reason for the request; (ii) the original date; (iii) the number of previous requests for adjournments or extensions; (iv) whether any previous requests were granted or denied; (v) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent; and (vi) proposed date(s) for adjournment or extension of time.

Summary: Written adjournment/extension requests must include reason, original date, previous request history, adversary position, and proposed new dates.

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Absent an emergency, requests for adjournments of court appearances and extensions of filing deadlines shall be made at least two working days prior to the scheduled appearance or filing deadline.

Summary: Adjournment/extension requests must be made at least 2 working days before the deadline unless emergency.

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Any party seeking an adjournment of a court appearance within 24 hours of the appearance shall file its adjournment request on ECF and then call chambers to advise the Court of the request.

Summary: Adjournment requests within 24 hours of appearance require ECF filing and phone call to chambers.

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After a briefing schedule has been set, the parties may not modify it without the Court's approval. Any parties seeking to modify a briefing schedule shall file a request for an extension on ECF under the requirements of Individual Rule 1.7.

Summary: Briefing schedule modifications require Court approval via ECF extension request under Individual Rule 1.7.

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Absent exceptional circumstances, applications regarding sentencing adjournments shall be made in writing at least seven business days prior to the date of sentencing and must state the reason for the request and whether the opposing party consents. If the opposing party does not consent, the application for adjournment must provide the reasons given by the opposing party for declining to consent.

Summary: Sentencing adjournment requests must be in writing, submitted 7 business days in advance, and include the reason and opposing party's consent position.

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Provide at least three (3) business days' notice.

Summary: Adjournment requests require at least 3 business days advance notice.

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Barring exceptional circumstances, applications regarding adjournments are due at least five (5) business days before the date of sentencing.

Summary: Applications for sentencing adjournments must be filed at least 5 business days before sentencing, unless exceptional circumstances exist.

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All requests for adjournments or extensions of time relating to matters not referred to a Magistrate Judge (see Individual Rule 3) must be in writing and state: (i) the reason for the request; (ii) the original date; (iii) the number of previous requests for adjournment/extension; (iv) whether any previous requests were granted or denied; (v) whether the adversary consents, and, if not, the reasons provided for refusing to consent; and (vi) three (3) proposed date(s) for adjournment or extension of time that are mutually convenient to the parties. The consent of the adverse party is not a sufficient ground for an extension or adjournment.

Summary: Adjournment/extension requests must be in writing and include 6 specific elements.

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A b s e nt e x c e pti o n al ci r c u m st a n c e s, a p pli c ati o n s r e g a r di n g s e nt e n ci n g a dj o u r n- m e nt s s h all b e m a d e i n w riti n g at l e a st fi v e ( 5) b u si n e s s d a y s p ri o r t o t h e d at e of s e n- t e n ci n g a n d m u st st at e t h e r e a s o n f o r t h e r e q u e st a n d w h et h e r t h e o p p o si n g p a rt y c o n s e nt s. If t h e o p p o si n g p a rt y d o e s n ot c o n s e nt, t h e a p pli c ati o n f o r a dj o u r n m e nt m u st p r o vi d e t h e r e a s o n s gi v e n b y t h e o p p o si n g p a rt y f o r d e cli ni n g t o c o n s e nt.

Summary: Absent exceptional circumstances, sentencing adjournment applications must be written, filed at least 5 business days in advance, and include the reason, consent position, and if no consent, opposing reasons.

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All requests for adjournments or enlargement of time must be in writing and submitted on ECF and state: a. The original date; b. The reason for the request; c. The number of previous requests for adjournment or enlargement; d. Whether these previous requests were granted or denied; and e. Whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent.

Summary: Adjournment or enlargement requests must be written ECF filings and include specified background and consent information.

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If the requested adjournment or enlargement of time affects any other scheduled dates, proposed revised dates must be provided.

Summary: If other scheduled dates are impacted, adjournment/enlargement requests must include proposed revised dates.

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Absent an emergency, all requests for adjournment or enlargement of time shall be made at least two (2) business days prior to the scheduled deadline or appearance.

Summary: Requests for adjournment or enlargement must be made at least two business days before the deadline or appearance, except emergencies.

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Requests for adjournments in pre-conviction criminal cases must also state: a. whether the parties have agreed on a new date or period of availability;

Summary: In pre-conviction criminal cases, adjournment requests must state whether parties agreed on a new date or availability period.

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Applications regarding sentencing adjournments shall be made in writing at least 10 business days prior to the date of sentencing.

Summary: Sentencing adjournment applications must be submitted in writing at least 10 business days before sentencing.

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The response, if any, shall be made in writing at least six (6) business days before the date of sentencing.

Summary: Any response to a sentencing adjournment application must be filed in writing at least 6 business days before sentencing.

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All requests for adjournments or enlargement of time must be in writing and state: i. The original date; ii. The number of previous requests for adjournment or enlargement; iii. Whether these previous requests were granted or denied; and iv. Whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent. If the requested adjournment or enlargement of time affects any other scheduled dates, proposed revised dates must be provided.

Summary: Adjournment or enlargement requests must be written and include specified history/consent details, and must include proposed revised dates if other scheduled dates are affected.

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at least two working days prior to the scheduled appearance or filing deadline. Any adjournment of a court appearance being requested within 24 hours of the appearance shall be accompanied by a telephone call to chambers advising the Court of the request.

Summary: Adjournment or extension requests must be made at least two working days in advance, and requests within 24 hours of an appearance require a phone call to chambers.

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Requests to adjourn any in-court proceeding shall be made at least two (2) business days in advance, and in the case of sentencing, at least five (5) business days in advance.

Summary: Adjournment requests for in-court proceedings must be made at least 2 business days in advance.

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Provide at least 48 hours’ notice.

Summary: Adjournment requests require at least 48 hours of advance notice.

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Due at least five business days before the date of sentencing.

Summary: Sentencing adjournment applications must be filed at least five business days before sentencing.

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All requests for adjournments or extensions of time relating to matters not referred to a Magistrate Judge (see Rule III) must be in writing and state (i) the reason for the request; (ii) the original date; (iii) the number of previous requests for adjournments or extensions; (iv) whether any previous requests were granted or denied; (v) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent; and (vi) proposed date(s) for adjournment or extension of time.

Summary: Adjournment or extension requests must be written and include specified background and scheduling details.

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Absent an emergency, requests for adjournments of court appearances and extensions of filing deadlines shall be made at least two working days prior to the scheduled appearance or filing deadline.

Summary: Adjournment and extension requests must be made at least two working days in advance unless there is an emergency.

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Any party seeking an adjournment of a court appearance within 24 hours of the appearance shall file its adjournment request on ECF and then call chambers to advise the Court of the request.

Summary: Adjournment requests made within 24 hours of an appearance must be filed on ECF and followed by a call to chambers.

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Applications regarding sentencing adjournments shall be made in writing at least five business days prior to the date of sentencing and must state the reason for the request and whether the opposing party consents. If the opposing party does not consent, the application for adjournment must provide the reasons given by the opposing party for declining to consent.

Summary: Sentencing adjournment requests must be written, filed at least five business days before sentencing, and include the reason and the opposing party’s consent position (or reasons for non-consent).

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All requests for adjournments or extensions of time relating to matters not referred to a Magistrate Judge (see Rule III) must be in writing and state: (i) the reason for the request; (ii) the original date; (iii) the number of previous requests for adjournments or extensions; (iv) whether any previous requests were granted or denied; (v) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent; and (vi) proposed date(s) for adjournment or extension of time. If the requested adjournment or extension affects any other scheduled dates, the party seeking the adjournment should propose revisions of the additional affected dates.

Summary: Adjournment or extension requests must be written and include specified details, including impact on other scheduled dates.

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Absent an emergency, requests for adjournments of court appearances and extensions of filing deadlines shall be made at least two (2) business days prior to the scheduled appearance or filing deadline.

Summary: Adjournment and extension requests must be made at least two business days in advance unless there is an emergency.

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Any party seeking an adjournment of a court appearance within 24 hours of the appearance shall file its adjournment request on ECF and then call chambers to advise the Court of the request.

Summary: Adjournment requests within 24 hours of a court appearance require both ECF filing and a call to chambers.

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Applications regarding sentencing adjournments shall be made in writing at least five (5) business days prior to the date of sentencing and must state the reason for the request and whether the opposing party consents. If the opposing party does not consent, the application for adjournment must provide the reasons given by the opposing party for declining to consent.

Summary: Sentencing adjournment applications must be written, filed at least five business days in advance, and include the reason plus the opposing party’s consent position and stated reasons for non-consent.

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extensions of time must state (1) the original date, (2) the number of previous requests for adjournment or extension, (3) whether these previous requests were granted or denied, and (4) whether the adversary consents, and, if not, the reasons the adversary gives for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling Order must be attached.

Summary: Adjournment or extension requests must include specific prior-request and adversary-position details, and include a revised scheduling order if other dates are affected.

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If the request is for an adjournment of a court appearance, it shall be made at least 48 hours prior to the scheduled appearance, except in an emergency.

Summary: Requests to adjourn a court appearance must be made at least 48 hours in advance unless there is an emergency.

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Must be made via letter motion, 48 hours prior to deadline or time.

Summary: Requests for adjournment or extension must be made via letter motion, 48 hours prior to deadline.

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All requests for adjournments of a court appearance must be made in writing, and absent an emergency, at least 48 hours prior to the scheduled appearance. All requests for adjournments or extensions of time must state: (1) the original date and proposed new date; (2) the reasons for the adjournment or extension; (3) whether the application is on consent; and (4) proposed dates for the revised deadline or conference.

Summary: Adjournment requests must be in writing at least 48 hours in advance (absent emergency) and include original/proposed dates, reasons, consent status, and revised deadlines.

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Following submission of the joint pretrial order, the Court may schedule the trial to commence with only two weeks notice, and absent extraordinary circumstances, adjournments will not be granted.

Summary: Trials may be scheduled with only two weeks notice, and adjournments will not be granted absent extraordinary circumstances.

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Request for Adjournment: Must be made 72 hours in advance, including for sentencing or pleas, and in writing via letter-motion.

Summary: Adjournment requests must be made 72 hours in advance in writing via letter-motion.

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Any request for an adjournment, even an emergency request, should only be made by letter, not email or telephone.

Summary: Adjournment requests must be made by letter only, not by email or telephone.

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Requests for adjournments and for extensions of time—including for sentencing—must be filed electronically as letter-motions.

Summary: Adjournment and extension requests must be filed electronically as letter-motions.

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All requests for adjournments of a court conference, sentencing or plea hearing must be made in writing, and absent an emergency, at least 72 hours prior to the scheduled appearance.

Summary: Adjournment requests for court conferences, sentencing, or plea hearings must be in writing and made at least 72 hours prior absent emergency.

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All requests for adjournments or extensions of time must state: (1) the original date and proposed new date

Summary: Adjournment and extension requests must state the original date and proposed new date.

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reasons for the adjournment or extension; (3) whether the application is on consent; and (4) proposed dates for the revised deadline or conference.

Summary: Adjournment or extension requests must include reasons, consent status, and proposed dates.

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A request for an adjournment of a court appearance shall be made in writing at least forty-eight (48) hours prior to the appearance and in the form applicable to a request for an extension of time. Emergency requests for an adjournment made within forty-eight (48) hours prior to the scheduled court appearance shall be initiated by a phone call to the case manager.

Summary: Adjournment requests for court appearances require written submission at least 48 hours in advance, with emergency requests within 48 hours initiated by phone to the case manager.

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All requests for extensions of time to comply with any rule or order must be in writing and state: (1) the original compliance date, (2) the number of previous requests for extension, adversary consents, and, if not, the reasons given by the adversary for refusing to consent.

Summary: Extension requests must be in writing and include the original date, prior extension history, and the adversary’s consent position including reasons for refusal.

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If the adversary has not consented, requests for extensions will not be considered unless submitted twenty-four (24) hours prior to the scheduled deadline, absent good cause shown.

Summary: When the adversary does not consent, extension requests must be submitted at least 24 hours before the deadline unless good cause is shown.

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All requests for adjournments must include the following information: A. The original date of the appearance or deadline; B. Whether there have been prior requests for adjournment;

Summary: Adjournment requests must include original date and prior request history.

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In the event that the requested adjournment affects any other scheduled dates, a proposed revised scheduling order must be attached to the motion.

Summary: Revised scheduling order required if adjournment affects other dates.

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In the absence of extraordinary circumstances, all requests for adjournments of any kind are to be made via an ECF motion, and are to be made no later than 48 hours prior to the scheduled appearance date or deadline.

Summary: Adjournment requests must be ECF motions filed at least 48 hours before deadline.

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By [DATE, 30 days] after the Plaintiff serves answers to the Court’s Interrogatories, counsel for the Plaintiff and the Defendant must meet and confer in person in good-faith effort to settle all pending issues, including attorneys’ fees and costs.

Summary: Settlement conference required within 30 days after serving interrogatory answers.

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All requests for adjournments or extensions of time shall be made at least 48 hours prior to the scheduled appearance or deadline, absent an emergency.

Summary: Adjournment requests require 48-hour advance notice.

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Such letter applications must state the reason for the adjournment or extension, whether all parties consent and, where appropriate, a proposed amended pre-trial scheduling order or an indication of when the parties are available.

Summary: Adjournment requests must include reason, consent, and proposed dates.

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All requests for the adjournment of a court date or any other change to a court conference (such as a request to appear by telephone) or for the extension of a court-ordered deadline must be by letter motion filed on ECF as a “Motion,” not as a “Letter” or “Status Report.” Absent an emergency, the motion must be made at least three business days prior to the conference.

Summary: Adjournment, conference-change, and deadline-extension requests must be filed as ECF letter motions and, unless emergency, made at least three business days before the conference.

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Each such motion must state: (1) the original date and the number of previous requests; (2) the reason for the request, which must demonstrate “good cause” if the request is for an extension of discovery, see Fed. R. Civ. P. 16(b)(4); and (3) whether the request is on consent and, if not, the reasons given for withholding consent. If appropriate, the parties should indicate whether the request affects other scheduled dates or propose mutually convenient dates for a re-scheduled conference.

Summary: Adjournment or extension motions must include prior date/request history, reason, consent position, and where appropriate impacts on other dates or proposed rescheduled dates.

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Civil cases

All requests for adjournments of a Court conference, extensions of time, or requests to appear remotely by either telephone or video, absent an emergency, shall be made in writing at least two (2) business days prior to the scheduled appearance. Further, all requests for adjournments or extensions of time must state: (1) the original date, (2) the number of previous requests for adjournment or extension, (3) whether those previous requests were granted or denied, (4) the reason(s) why an adjournment or extension is necessary, and (5) whether all parties consent (including reasons why any party is withholding consent). Both requests for adjournments and for extensions of time must be filed through ECF as “MOTIONS.” If the requested adjournment or extension affects any other scheduled date, a proposed revised date(s)/briefing schedule must be provided.

Summary: Adjournment and extension requests must be filed in writing at least two business days in advance with specified information, filed through ECF as motions, and include revised scheduling information when other dates are affected.

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Please include the following information with any adjournment or extension request: (1) the appearance date or deadline you wish to adjourn or extend; (2)

Summary: Adjournment/extension requests must include appearance date/deadline

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If the request is for an adjournment of a Court appearance, absent an emergency, it shall be made at least two business days prior to the scheduled appearance. If the request is made less than two business days prior to the scheduled appearance, the moving party should notify the Courtroom Deputy after the request has been filed.

Summary: Adjournment requests must be made at least 2 business days in advance unless emergency.

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Civil cases

As set forth in Section V below, any requests for an extension of time must be uploaded to ECF using the “motion” event type.

Summary: Requests for extensions of time must be filed on ECF using the motion event type.

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Civil cases

All requests for adjournments of a court conference or extensions of time shall be filed on ECF as a “Motion” (not a “Letter”) at least two (2) business days prior to the scheduled appearance or deadline.

Summary: Adjournment and extension requests must be filed as ECF motions at least two business days before the deadline or appearance.

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Civil cases

All requests for adjournments or extensions must state the original date of the conference or deadline and the proposed new dates; the reasons for the adjournment or extension; the number of previous requests for adjournment or extension, and whether those requests were granted; whether the adversary consents, and if not, the reasons given by the adversary for refusing to consent; and if the requested adjournment or extension affects any other scheduled dates.

Summary: Adjournment or extension requests must include original and proposed dates, reasons, prior requests and outcomes, adversary position, and impact on other dates.

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All requests for adjournments or extensions of time must be in writing and filed electronically as motions at least two (2) business days prior to the scheduled appearance or deadline. These requests must state the original date of the conference or deadline; the reason the adjournment or extension is needed; whether all parties consent (and reason(s) for withholding consent); and the number of prior adjournments or extensions. Requests for conference adjournments must also list at least three (3) alternative dates when all parties are available. The requesting party should also include a proposed revised schedule, if necessary.

Summary: Adjournment/extension requests must be filed in writing at least two business days in advance and include specified required details, with conference adjournments also requiring at least three alternative dates.

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No revisions to the schedule will be made without the Court’s approval.

Summary: Any request to revise the schedule requires Court approval.

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To the extent a party seeks to adjourn a Court conference, if appropriate, the party shall propose mutually convenient date(s) for the re-scheduled conference.

Summary: Parties seeking adjournment of a Court conference must propose mutually convenient rescheduled dates.

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If the requested adjournment or extension affects any other Court appearance or deadline, the parties should include with the request proposed revisions to the previously-approved schedule.

Summary: Adjournment requests affecting other appearances or deadlines must include proposed schedule revisions.

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Requests for adjournments or extensions of time may be in letter format but must be filed electronically as "Motions" on ECF, not as "Letters."

Summary: Adjournment/extension requests must be filed as "Motions" on ECF, not as "Letters."

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whether the other party or parties consent (including any reasons given for withholding consent); or, if the other parties could not be reached for input, efforts made to reach those parties

Summary: Adjournment requests must state whether other parties consent or efforts made to contact them.

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whether the request affects any other scheduled Court appearance or deadline

Summary: Adjournment requests must indicate whether they affect other scheduled appearances or deadlines.

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All requests for adjournments or extensions of time must state: a. the appearance date(s) or deadline(s) you wish to adjourn or extend; b. the reason for the request. The parties are reminded that "counsels' busy litigation schedule" is an insufficient excuse for excessive extensions and delays. See generally Zdunski v. Erie 2-Chautauqua-Cattaraugus Boces, No. 19-CV-940, 2021 WL 1239868, at *2 (W.D.N.Y. Apr. 2, 2021) ("Plaintiff's counsel's excuse for Plaintiff's noncompliance is essentially that she was 'too busy,' which courts generally hold to not excuse noncompliance with the court's discovery orders. . . . [A]lthough Plaintiffs' counsel may have been busy, this does not permit them to delay discovery and squander party and court resources in a case they have initiated.") (citations omitted); c. the number of previous requests for adjournment or extension (by you or anyone else);

Summary: Adjournment/extension requests must include: (a) the date/deadline, (b) the reason (busy schedule insufficient), and (c) number of previous requests.

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All requests for adjournments of a court appearance or extensions of time (including any court-ordered deadlines), absent an emergency, shall be made in writing at least three (3) business days prior to the scheduled appearance or deadline. Adjournment requests may not be made telephonically absent extraordinary circumstances. Furthermore, the Court expects the parties to make any requests for extensions in a timely manner and strongly disfavors untimely requests to retroactively modify court-ordered deadlines that have already expired.

Summary: Adjournment/extension requests must be made at least 3 business days in advance (absent emergency) and cannot be made telephonically absent extraordinary circumstances.

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All requests for adjournments and/or extensions, absent an emergency, shall be made in writing at least three (3) business days prior to the scheduled appearance or filing deadline.

Summary: Adjournment and extension requests must be made at least 3 business days before the deadline, unless an emergency.

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All requests for adjournments or extensions of filing deadlines must state: a. the appearance date(s) or deadline(s) to be adjourned or extended; b. the reason for the request; c. the number of previous requests for adjournment or extension (by any party); d. whether those previous requests were granted or denied; e. whether the other party or parties' consent (including any reasons given for withholding consent); or, if the other parties could not be reached for input, efforts made to reach those parties; and f. whether the request affects any other scheduled Court appearance or deadline.

Summary: Adjournment and extension requests must include specific information: dates, reason, previous request history, other parties' consent, and impact on other deadlines.

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Absent an emergency, parties must meet and confer in good faith prior to requesting adjournments or extensions.

Summary: Parties must meet and confer in good faith before requesting adjournments or extensions, unless an emergency.

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All requests for the adjournment of a court date or any other change to a court conference (such as a request to appear by telephone) or for the extension of a court-ordered deadline must be by letter motion filed on ECF as a “Motion,” not as a “Letter” or “Status Report.” Absent an emergency, the motion must be made at least two business days prior to the conference. Each such motion must state: (1) the original date and the number of previous requests; (2) the reason for the request, which must demonstrate “good cause” if the request is for an extension of discovery, see Fed. R. Civ. P. 16(b)(4); and (3) whether the request is on consent and, if not, the reasons given for withholding consent.

Summary: Adjournment and extension requests must be filed as ECF letter motions at least two business days in advance (absent emergency) and include specified details.

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Civil cases

Each request must state: a. the original date of the conference (if for an adjournment) and the number of previous requests; b. the reason for the request;

Summary: Adjournment requests must state the original conference date, the number of prior requests, and the reason for the request.

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Civil cases

If a requested adjournment affects any other scheduled dates or deadlines, a Revised Proposed Discovery Plan/Scheduling Order must be attached.

Summary: If an adjournment request affects other deadlines, a revised proposed discovery plan/scheduling order must be attached.

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Civil cases

Absent an emergency, requests must be made at least two (2) business days prior to the conference.

Summary: Adjournment requests must be filed at least two business days before the conference unless there is an emergency.

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Civil cases

Each request must state: 1. the original deadline; 2. the reason for the request; 3. the number of previous requests; and 4. whether the other parties consent, and, if not, the reasons given for not consenting; or if the other parties could not be reached for input, efforts made to reach those parties.

Summary: Extension requests must include the original deadline, reason, number of prior requests, and other parties’ consent position or efforts to obtain it.

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Civil cases

Absent an emergency, requests must be made at least two (2) business days prior to the deadline for which an extension is sought.

Summary: Extension requests must be made at least two business days before the relevant deadline unless there is an emergency.

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The letter must state (1) the original date of the conference or deadline (2) the reason for the request, (3) how much additional time is needed, (4) the number of previous requests for adjournment or extension, (5) whether these previous requests were granted or denied, and (6) whether the adversary consents, and if not, the reasons given by the adversary for refusing to consent. If the requested adjournment or extension affects any other scheduled dates, a proposed Revised Scheduling order must be included.

Summary: Adjournment or extension requests must include specific required details, and if other dates are affected, include a proposed revised schedule.

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If the request is for an adjournment of a court appearance, absent emergency it shall be made at least 2 business days prior to the scheduled appearance.

Summary: Court-appearance adjournment requests must be made at least two business days in advance unless there is an emergency.

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All requests for adjournments 2 or extensions of time shall be filed on ECF as a “Motion” (not a “Letter”) at least two (2) business days prior to the scheduled appearance or deadline.

Summary: Adjournment and extension requests must be filed as motions on ECF at least two business days before the relevant date.

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Parties who do not meet this deadline must provide a good faith basis for the late request and must notify Chambers by telephone about the filing of a late request.

Summary: Late adjournment or extension requests must include a good-faith explanation and be accompanied by telephone notice to Chambers.

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Any adjournment or extension request must include the following information: (1) the appearance date or deadline you wish to adjourn or extend; (2) the number of previous requests for adjournment or extension (by any party); (3) whether those previous requests were granted or denied; (4) whether the other party or parties consent (including any reasons given for withholding consent); and (5) whether the request affects any other scheduled Court appearance or deadline.

Summary: Adjournment or extension requests must include the existing date, prior request history, consent position, and impact on other court dates.

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Any request to convert an in-person conference to a virtual (telephone or video) conference is considered a request to adjourn. Because the Court is intentional in the format it selects for conferences, the request must contain good cause for the change in format and comply with the requirements in III.A and B, including that the request be filed at least two (2) business days prior to the conference.

Summary: Requests to change an in-person conference to virtual are treated as adjournments and require good cause plus compliance with the two-business-day timing and content requirements.

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The filing of an adjournment or extension request does not stay existing deadlines and conference dates. Unless the Court grants an adjournment or extension, parties must adhere to all existing conference dates and scheduling deadlines.

Summary: Filing an adjournment or extension request does not pause existing deadlines or conference dates unless the Court grants the request.

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All requests for adjournments or extensions of time must be made in writing and filed electronically as motions at least two business days prior to the scheduled appearance, absent an emergency.

Summary: Adjournment and extension requests must be filed as written electronic motions at least two business days before the appearance unless there is an emergency.

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Requests for adjournments or extensions must state the date of the original conference or deadline, the reason an adjournment or extension is needed, whether all parties consent (and reason(s) for withholding consent), and the number of prior adjournments or extensions.

Summary: Adjournment and extension requests must include the original date, reason, party consent position, and count of prior requests.

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Requests to adjourn a court proceeding must list at least three alternative dates when all parties are available.

Summary: Adjournment requests for court proceedings must provide alternative dates when all parties are available.

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All requests for adjournments of conferences or extensions of time must be electronically filed, as motions, no later than 48 hours in advance of the conference date (or 3:00 p.m. the previous Thursday if the conference is scheduled for the following Monday or 3:00 p.m. the previous Friday if the conference is scheduled for the following Tuesday), on consent of all parties; merely copying the adversary on the request is insufficient. Requests not containing the following will be denied: 1) the original date of the conference and/or deadline; 2) the number of previous requests for adjournment or extension, and whether these previous requests were granted or denied; 3) whether the adversary consents, and, if not, the reasons given by the adversary for refusing to consent; 4) the reason for the adjournment or extension request; 5) a suggested adjournment date or a proposed revised schedule with specific dates

Summary: Adjournment and extension requests must be filed as motions with advance notice and must include specific required details or they will be denied.

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Once a Scheduling Order has been entered with the parties= input, the discovery deadlines will be enforced and amended only upon a showing of good cause.

Summary: Requests to amend discovery deadlines require a showing of good cause after the scheduling order is entered.

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Civil cases

Motions for extension of time must indicate whether they are on consent.

Summary: Extension motions must state whether the request is on consent.

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All requests for adjournment of conferences or extensions of time must be filed as motions on ECF no later than 2 business days in advance of the conference date or deadline (and for settlement conferences, no later than 7 business days in advance), and state the following: 1) The original date of the conference and/or deadline; 2) The number of previous requests for adjournment or extension, and whether these previous requests were granted or denied; 3) Whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; 4) The reason for the adjournment request;

Summary: Adjournment and extension requests must be filed by motion with advance notice and must include specified information about prior requests, consent, and reasons.

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If the requested adjournment or extension affects any other scheduled dates, a proposed revised scheduling order must be attached.

Summary: Adjournment or extension requests that affect other dates must include a proposed revised scheduling order.

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If any party concludes in good faith that delaying the filing of a motion, in order to comply with any aspect of these individual practices, will deprive the party of a substantive right, the party may file the motion within the time required by the Federal Rules of Civil and/or Appellate Procedure, together with an explanation of the basis for the conclusion.

Summary: Motions may be filed within federal rule deadlines if compliance would deprive substantive rights.

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Judge Donnelly will entertain up to two requests for adjournments on the same hearing or motion on consent of the parties. Any further requests for adjournment or extension of time must be premised upon good cause. Protracted settlement negotiations do not constitute good cause.

Summary: Up to two adjournment requests allowed on consent; further requests require good cause.

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Requests to file memoranda exceeding the page limits must be made in writing five days prior to the due date, except with respect to reply briefs, in which case the written request must be made at least one day prior to the due date.

Summary: Page limit extensions require written request 5 days before due date (1 day for reply briefs).

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The consent of the adverse party is not a sufficient ground for an extension or adjournment.

Summary: Adverse party consent alone is not sufficient for extension/adjournment.

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Discovery extensions in civil cases will not be granted based on an opponent’s or non-party’s non-compliance with discovery obligations unless the movant has exhausted, promptly upon the non-compliance, all legal remedies to obtain compliance.

Summary: Discovery extensions require exhaustion of legal remedies for non-compliance.

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Permitted for urgent matters or if seeking adjournment of an appearance scheduled to take place within 24 hours.

Summary: Adjournment requests for appearances within 24 hours require a phone call to chambers.

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Requests for extensions of time to file objections and/or responses to be addressed to Judge Gujarati.

Summary: Extension requests for objection/response deadlines must be directed to Judge Gujarati.

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If the requested adjournment or extension affects any other scheduled date, the party seeking the adjournment should propose revisions of the additional affected date(s).

Summary: If an adjournment or extension affects other scheduled dates, revised dates for those affected dates should be proposed.

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Civil cases

Parties should not assume that requests made immediately before or on the deadline date will be considered by the Court. Moreover, if no action is taken by the Court, particularly when the request is untimely, parties must assume that they are to complete the required action.

Summary: Last-minute or untimely adjournment/extension requests may not be considered, and parties must proceed unless the Court grants relief.

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Please note that the consent of the adverse party is not a sufficient ground for an extension or adjournment.

Summary: Adverse party consent is not sufficient ground for extension or adjournment.

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Deadlines will generally not be adjourned if the parties have reached a settlement in principle but not yet filed a stipulation to dismiss.

Summary: Deadlines generally not adjourned if parties reached settlement in principle but haven't filed stipulation to dismiss.

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Criminal cases

Please note that the consent of the adverse party is not a sufficient ground for an extension or adjournment, nor, in itself, for the exclusion of Speedy-Trial time.

Summary: Adversary consent alone is insufficient to justify an adjournment, extension, or Speedy Trial time exclusion.

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Requests to file memoranda exceeding the page limits set forth herein must be made in writing five business days prior to the due date, except with respect to reply briefs, in which case the written request must be made at least three business days prior to the due date.

Summary: Requests to exceed memorandum page limits must be in writing 5 business days before the due date, except reply-brief requests which require at least 3 business days.

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Once scheduled, oral argument may be adjourned with the consent of all parties, provided that the Court is notified in writing no later than one week prior to the scheduled argument.

Summary: After oral argument is scheduled, adjournment requires consent of all parties and written notice to the Court at least one week in advance.

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If the requested adjournment or extension of time affects any other scheduled dates, proposed revised dates must be provided.

Summary: Adjournments affecting other dates must include proposed revised dates.

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The Government should advise the Court at least two (2) days in advance if a victim will be making a victim impact statement at sentencing.

Summary: Government must provide 2 days advance notice if a victim will give an impact statement at sentencing.

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If the requested adjournment or extension affects any other scheduled dates, the party seeking the adjournment should propose revisions of the additional affected dates after conferring with opposing counsel.

Summary: If adjournment/extension affects other dates, propose revisions after conferring with opposing counsel.

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If the requested adjournment or extension affects any other scheduled dates, the party seeking the modification should propose revisions of the additional affected dates.

Summary: Adjournment requests affecting other dates must propose revisions to those dates.

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5. 3. 2. R e q u e st s t o fil e m e m o r a n d a e x c e e di n g t h e s e p a g e li mit s m u st cl e a rl y st at e t h e b a si s f o r t h e r e q u e st a n d will o nl y b e g r a nt e d f o r g o o d c a u s e s h o w n. A n y s u c h r e q u e st s m u st b e m a d e i n w riti n g at l e a st fi v e ( 5) b u si n e s s d a y s p ri o r t o t h e m e m o r a n d u m’ s d u e d at e, e x c e pt wit h r e s p e ct t o r e pl y b ri ef s, i n w hi c h c a s e t h e r e q u e st m u st b e m a d e at l e a st t w o ( 2) d a ys p ri o r t o t h e d u e d at e.

Summary: Requests to exceed memorandum page limits must be in writing, show good cause and basis, and be filed 5 business days before due date (2 days for reply briefs).

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A n y a dj o u r n m e nt r e q u e st b y a d ef e n d a nt a w aiti n g t ri al s h o ul d i n cl u d e a s p e e d y t ri al w ai v e r.

Summary: Any trial adjournment request by a defendant awaiting trial should include a speedy trial waiver.

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C o u n s el m a y e xt e n d t h e d ef a ult d e a dli n e s b y sti p ul ati o n s u b mitt e d t o t h e C o u rt n o l at e r t h a n t w o ( 2) b u si n e s s d a y s b ef o r e t h e b ri ef i s d u e.

Summary: Default bankruptcy appeal briefing deadlines may be extended by stipulation if submitted no later than 2 business days before the brief is due.

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If the requested adjournment or extension affects any other scheduled dates, the party seeking the adjournment should propose revisions of the additional affected dates.

Summary: When an adjournment or extension impacts other dates, revised dates should also be proposed.

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L. Requests for adjournments or extensions of time in arbitration or mediation proceedings;

Summary: Requests for adjournments or extensions in arbitration or mediation proceedings are included among referred matters.

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If a request for an extension of time is being made without the consent of all parties, it should be made at least one week before the due date.

Summary: Non-consensual extension requests should be made at least one week before the due date.

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Once a trial date has been set, it will only be adjourned in exceptional circumstances.

Summary: Trial dates will only be adjourned in exceptional circumstances once set.

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Prior to seeking any adjournment, the parties are expected to confer and grant each other the courtesy of agreeing to reasonable requests to adjourn, especially upon the first request for any adjournment.

Summary: Parties must confer and agree to reasonable adjournment requests before filing.

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This Court cannot extend deadlines, including discovery deadlines, set by the assigned District Court Judge. Accordingly, any extensions of such deadlines must be made to the District Court Judge.

Summary: Magistrate judge cannot extend district judge deadlines.

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Due to the volume of cases based on the FLSA, the Court expects strict adherence to these deadlines and requirements. Exceptions will be granted only for compelling reasons.

Summary: Strict adherence to deadlines required; exceptions only for compelling reasons.

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Civil cases

propose at least three (3) mutually convenient dates and times for the re-scheduled conference.

Summary: Adjournment requests for conferences must propose at least three mutually convenient new dates and times.

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Civil cases

No revisions to the schedule will be made without the Court’s approval. Such applications for further revisions shall be made pursuant to Rule 1.D, supra.

Summary: Schedule revisions require court approval and must be requested under Rule 1.D.

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If any party concludes in good faith that delaying the filing of a motion, in order to comply with any aspect of these Individual Practices, will deprive the party of a substantive right, the party may file the motion within the time required by the Federal Rules of Civil or Appellate Procedure, together with an explanation of the basis for the conclusion.

Summary: Parties may file motions within FRCP time limits if compliance would deprive substantive rights.

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Prior to seeking any adjournment, the parties shall meet and confer and grant each other the professional courtesy of agreeing to reasonable requests, especially for the first request for any adjournment.

Summary: Parties must meet and confer and grant professional courtesy for reasonable adjournment requests, especially the first request.

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To the extent a party seeks to adjourn a Court conference, if appropriate, the party shall propose mutually convenient date(s) for the re-scheduled conference.

Summary: When seeking to adjourn a court conference, the party should propose mutually convenient dates for rescheduling.

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Civil cases

If a requested extension affects any other scheduled dates or deadlines, a revised Proposed Discovery Plan/Scheduling Order must be attached, and the requesting party should also request to adjourn any scheduled conferences believed to be affected.

Summary: If an extension affects other deadlines, the request must include a revised proposed discovery plan/scheduling order and should also seek adjournment of affected conferences.

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Parties seeking an adjournment of a case management deadline should propose a revised schedule addressing all deadlines impacted by the extension. Parties seeking the adjournment of a conference should propose at least three new dates for the conference when all parties are available.

Summary: Adjournment requests should include a revised schedule for affected deadlines and conference adjournments should include at least three available new dates.

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Absent an emergency, requests to adjourn court appearances and to extend

Summary: Emergency circumstances may excuse normal adjournment request requirements.