Eastern District of Pennsylvania Pre-Motion Conference Requirements

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Civil cases

Before filing a discovery motion to compel, lead counsel must meet and confer in good faith and the party must contact the law clerk with opposing counsel to arrange a telephone conference with the Court; the Court will decide whether further briefing is required.

A party may not file a Motion to Compel discovery unless: (1) lead counsel have met and conferred in good faith to try to resolve the dispute, and (2) the party has contacted the Court’s law clerk (with opposing counsel) to arrange a telephone conference with the Court to summarize the dispute and the parties respective positions. After hearing from the parties, the Court will determine if further briefing is required.

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When a TRO is requested, the judge will schedule a conference as soon as counsel have appeared and the request can be properly considered, unless the Court can resolve it on the papers.

When a temporary restraining order (“TRO”) is requested, Judge Younge will schedule a conference as soon as counsel have appeared and it is possible to properly consider the request, unless the Court can resolve the TRO on the papers.

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The judge rarely grants ex parte TROs.

Judge Younge rarely grants ex parte temporary restraining orders.

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The judge schedules preliminary and permanent injunction hearings as soon as practicable and combines them when appropriate.

Judge Younge schedules preliminary and permanent injunctions hearings as soon as practicable and combines the two hearings if appropriate.

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The judge usually permits expedited discovery when preliminary injunctive relief is requested.

Judge Younge usually permits expedited discovery when preliminary injunctive relief is requested.

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If the Court does not set a pretrial-motion hearing date, counsel may request oral argument on Starks, Daubert, or suppression motions.

In the unusual event that Judge Younge does not establish a motion hearing date, counsel may then submit a request for oral argument on Starks and Daubert motions or motions to suppress.

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The judge may schedule a criminal pretrial conference, typically five days before trial, to address voir dire, motions in limine, jury instructions, and verdict forms.

Judge Younge may schedule a pre-trial conference in a criminal case – typically five (5) days prior to trial. Any issues relating to voir dire, motions in limine, jury instructions, and jury verdict forms will be addressed at that time.

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Except in cases where either side is pro se, or in bankruptcy or social security appeals, upon the filing of a complaint, the Court will file an order requiring moving counsel, before filing a motion pursuant to Fed. R. Civ. P. 12(b)(6), (e), or (f), to first contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading

Summary: Before filing a Rule 12(b)(6), (e), or (f) motion, moving counsel must first contact opposing counsel to discuss the contemplated motion and provide an opportunity to cure, except where either side is pro se or in bankruptcy or social security appeals.

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No later than fourteen days before filing any summary judgment motion pursuant to Rule 56, the parties shall meet and confer about the material facts.

Summary: Parties must meet and confer about the material facts no later than 14 days before filing any Rule 56 summary judgment motion.

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Civil cases

Judge McHugh expects the parties to have met and conferred in good faith before submitting a discovery dispute. He no longer permits counsel to submit such disputes by letter; a motion must be filed.

Summary: Parties must meet and confer in good faith before submitting a discovery dispute, and discovery disputes must be filed as a motion rather than submitted by letter.

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The parties, however, shall make a reasonable effort to resolve discovery disputes before seeking Court intervention.

Summary: Parties must make a reasonable effort to resolve discovery disputes on their own before seeking Court intervention.

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Sur-reply briefs are not permitted unless leave to file is granted upon motion of a party.

Summary: Sur-reply briefs may not be filed unless the Court grants leave upon a party's motion.

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Required

Always ?

Judge Pappert will generally hold a telephone scheduling conference with counsel in criminal cases shortly after arraignment. At the conclusion of the conference, the Court will issue a Scheduling Order governing speedy trial issues, discovery, time for filing motions and the trial date.

Summary: In criminal cases, Judge Pappert generally holds a telephone scheduling conference with counsel shortly after arraignment and then issues a Scheduling Order governing speedy trial issues, discovery, the time for filing motions, and the trial date.

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Judge Toplin will not normally permit sur-reply briefs; counsel desiring to file a sur-reply must first seek permission of the Court by letter brief, before such a brief will be accepted.

Summary: Sur-reply briefs are not normally permitted, and counsel must first seek the Court's permission by letter brief before one will be accepted.

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Whether conducted in-person or via Zoom, Judge Toplin requires attendance at the conference by the parties, or the parties' representatives, with knowledge of the case and settlement authority.

Summary: The parties, or their representatives with knowledge of the case and settlement authority, must attend the settlement conference whether in person or via Zoom.

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Required

Always ?

Accordingly, counsel must be prepared to respond to bench questions about every facet and detail of their case including details regarding the client's characteristics pertinent to the case, liability, damages, remedies, legal issues, identity of witnesses, discovery issues, demands and offers made, and if none, why so.

Summary: Counsel must be prepared at the Rule 16 conference to answer bench questions about every facet of the case, including liability, damages, remedies, witnesses, discovery, and any demands or offers.

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Required

Always ?

Parties should begin discovery as soon as permitted under the relevant Rules, without waiting for the Rule 16 conference. By the time of the Rule 16, it is expected that all the required disclosures under Rule 26(a) have been made. In most instances, the initial set of interrogatories and requests for production of documents should have been served on each of the respective parties and either answered or soon to be answered before the Rule 16 conference. Inquiry regarding the initial exchanges of discovery will be made at the conference.

Summary: By the Rule 16 conference, Rule 26(a) disclosures are expected to be complete and initial interrogatories and document requests served (and answered or soon to be answered), with discovery begun without waiting for the conference.

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The time for filing motions in limine will be determined at the Rule 16 conference and will be confirmed in the scheduling order.

Summary: The deadline for filing motions in limine is set at the Rule 16 conference and confirmed in the scheduling order.

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Judge Pappert may require the parties to submit a joint letter to chambers explaining the dispute and requested relief prior to any telephone conference.

Summary: Before a telephone conference on a discovery dispute, the Court may require the parties to submit a joint letter to chambers explaining the dispute and the relief requested.

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Judge Toplin requires that counsel make all good faith efforts to resolve any disputed matter between themselves before seeking involvement of the Court.

Summary: Counsel must make good faith efforts to resolve disputed matters between themselves before seeking the Court's involvement.

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Judge Toplin requires the parties to confer and determine whether they prefer to conduct the settlement conference in person or via Zoom. The parties must advise the Court of their agreed-upon preference. If the parties cannot agree on the format, the settlement conference will be conducted in person.

Summary: Parties must confer and advise the Court whether they prefer an in-person or Zoom settlement conference; if they cannot agree, the conference will be conducted in person.

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Required

Never ?

Judge Kenney does not typically hold Rule 16 conferences or issue scheduling orders in arbitration-track cases.

Summary: In arbitration-track cases, Judge Kenney typically does not hold Rule 16 conferences or issue scheduling orders.

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Required

Always ?

The Court will schedule a Rule 16 conference for all non-arbitration cases (except ERISA claims).

Summary: The Court schedules a Rule 16 conference in all non-arbitration civil cases except ERISA claims.

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The Court will not conduct a Rule 16 conference in ERISA cases. Instead, the Court will instruct counsel to submit a briefing schedule. Rule 16's will also not be conducted in Arbitration designated cases as those cases have their own built-in timelines that counsel must follow.

Summary: Rule 16 conferences are not held in ERISA cases (a briefing schedule is ordered instead) or in arbitration-designated cases, which follow their own built-in timelines.

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Judge Pappert will promptly list any request for a temporary restraining order or a preliminary injunction assigned to him. He may hold a pre-hearing conference to discuss discovery, narrow the issues in contention and allocate time for the hearing.

Summary: TRO and preliminary injunction requests are promptly listed, and the Court may hold a pre-hearing conference to discuss discovery, narrow issues, and allocate hearing time.

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At the time of the telephone conference, counsel will be expected to discuss deadlines, discovery issues, possible motions to be filed and the status of settlement discussions (if any).

Summary: At the Rule 16 preliminary telephone conference, counsel must be prepared to discuss deadlines, discovery issues, possible motions, and the status of settlement discussions.

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Civil cases

The Court will deny any 12(b)(6), (e) or (f) motion or discovery motion that fails to conform with these requirements.

Summary: Motions that fail to meet meet-and-confer requirements will be denied.

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Civil cases

The parties shall conduct substantive verbal communications. Exchanges of letters or e- mails are insufficient. A report that opposing counsel was not available or that the parties made reasonable efforts is likewise insufficient. If the parties cannot reach a resolution that eliminates the need for any of the above-mentioned motions, counsel for the moving party shall include, along with the motion, a certification that the parties met and conferred regarding the alleged pleading deficiencies or matter sought to be stricken.

Summary: Parties must conduct substantive verbal communications before filing certain motions, with certification required.

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Civil cases

A party may not file a Motion to Compel discovery unless: (1) lead counsel have met and conferred in good faith to try to resolve the dispute, and (2) the party has contacted the Court's law clerk (with opposing counsel) to arrange a conference with the Court to summarize the dispute and the parties' respective positions.

Summary: Pre-motion conference required before filing a Motion to Compel discovery, including meet-and-confer and a conference with the Court.

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Civil cases

The parties are expected to promptly try to resolve any such disputes, and, when they cannot reasonably be resolved, use the Court's Discovery Dispute Procedure or the complaint will be waived.

Summary: Parties must attempt to resolve expert report disputes promptly; unresolved disputes must be raised via the Discovery Dispute Procedure or the objection is waived.

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Civil cases

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.

Summary: Daubert objections must be filed by motion no later than the dispositive motions deadline.

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Civil cases

No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court.

Summary: Rule 56 motions cannot be filed more than 10 days before the dispositive motions deadline without court leave.

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Civil cases

Prior to filing discovery motions, 12(b) motions, or other dispositive motions, counsel contemplating the filing of these motions shall contact opposing counsel to discuss the substance of the anticipated motion and to provide an opportunity to cure any alleged deficiencies or to try to resolve the conflict prior to the filing of the Motion. This communication must occur at least five days prior to the filing of the Motion.

Summary: Meet and confer required at least 5 days before filing discovery, 12(b), or dispositive motions.

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Civil cases

Required

Always ?

Lead trial counsel must appear for this conference. If lead counsel is on trial, substitute counsel with deep knowledge of the case may attend.

Summary: Lead trial counsel must attend Rule 16 conference; substitute with deep case knowledge if lead is on trial.

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Civil cases

Reply briefs are not permitted without leave of court. Motions for Leave to file a Reply shall be docketed within five days of the docketing of the response with a courtesy copy sent to chambers via email to the e-mail listed above.

Summary: Reply briefs require leave of court, filed within 5 days with email courtesy copy.

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Civil cases

In an attempt to resolve any evidentiary issue, counsel shall meet and confer in advance of the filing of any motion in limine.

Summary: Meet and confer required before filing any motion in limine.

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Judge Schmehl typically requires motions in limine to be filed ten days before trial.

Summary: Motions in limine must be filed 10 days before trial.

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In the event that a discovery dispute requires court intervention, the party contemplating a motion shall seek a telephone conference with the court before filing any motion. If the telephone conference fails to resolve the discovery dispute, the party seeking relief will be permitted to file an appropriate discovery motion.

Summary: Telephone conference with court required before filing discovery motions.

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Required

Always ?

The parties must conduct an initial Rule 26(f) conference as soon as possible, and in any event no later than 21 days before the initial Rule 16 conference.

Summary: Initial Rule 26(f) conference must occur no later than 21 days before initial Rule 16 conference.

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Summary judgment motions. Absent leave, a party is entitled to file only one single Rule 56 motion (at the time designated in the scheduling order) that addresses whatever issues the party wishes to raise within the page or word limit.

Summary: Only one Rule 56 summary judgment motion allowed per party without leave, within page/word limits

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At least 28 days before the deadline to file a motion, the moving party must serve on all other parties (but not file) a statement of undisputed material facts in a numbered, paragraph-by-paragraph recitation that contains specific citations to exhibits or testimony supporting each factual assertion;

Summary: Moving party must serve statement of undisputed facts 28 days before motion deadline

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At least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) the responding party’s response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing;

Summary: Responding party must serve response to statement of facts 14 days before motion deadline

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Before filing a motion pursuant to Federal Rule of Civil Procedure 12(b)(6), counsel shall first contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies. This conference shall take place at least seven days prior to the filing of the motion.

Summary: Pre-motion conference required 7 days before filing Rule 12(b)(6) motions.

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If the parties are unable to reach a resolution that eliminates the need for a 12(b)(6) motion, counsel for the moving party shall include, along with the 12(b)(6) motion, a certification that the parties met and conferred regarding the alleged pleading deficiencies. These efforts must include substantive verbal communications, whether by phone or in person. Exchanges of letters or e-mails are not sufficient.

Summary: Certification of substantive verbal pre-motion conference required with Rule 12(b)(6) motions.

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It is not sufficient to report that opposing counsel was not available or that the parties made “reasonable efforts.” The Court will deny a 12(b)(6) motion that does not meet these requirements.

Summary: Insufficient pre-motion efforts will result in denial of Rule 12(b)(6) motion.

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If the parties are unable to resolve a discovery dispute on their own, counsel are to initially send correspondence to the Court briefly describing the dispute and the parties’ respective positions and must certify that all counsel have already made a good faith effort to resolve the issue themselves as required by Local Rule of Civil Procedure 26.1, which must describe in detail the efforts the parties made to resolve the dispute on their own.

Summary: Discovery disputes must be addressed by counsel before requesting court intervention, with certification of good faith efforts.

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Any Party that intends to file a motion under Federal Rule of Civil Procedure 12 must contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies. For cases filed in this Court, that conversation must happen at least one week before the due date. For cases removed to this Court, a defendant that seeks to file a motion to dismiss must contact opposing counsel within three business days of the case being assigned to Judge Wolson. Counsel must have a substantive verbal discussion, whether by phone or in person. Exchanges of letters or e-mails are not sufficient. If the parties cannot reach agreement, then they must submit to Judge Wolson a letter, via email, that does not exceed five single-spaced pages that sets forth each issue to be raised in the motion and each Party’s substantive position with respect to that issue. The parties must submit the letter to Judge Wolson by the deadline to respond to the Complaint, but in cases removed to this Court, the due date is extended by seven days if the parties are submitting a premotion letter. Judge Wolson will then attempt to resolve the dispute at a premotion conference, likely by phone or videoconference. If Judge Wolson cannot resolve the dispute at that conference, or if Judge Wolson determines that the conference will not facilitate resolution, then Judge Wolson will set a briefing schedule for the motion. This procedure may be filed without premotion letters.

Summary: Parties filing Federal Rule of Civil Procedure 12 motions must hold a substantive verbal discussion with opposing counsel before the due date, submit a pre-motion letter if no agreement is reached, attend a pre-motion conference, and receive a briefing schedule if the dispute is unresolved.

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Judge Wolson will schedule a telephone conference with counsel to discuss the motion before the filing of any responsive brief.

Summary: A telephone conference with Judge Wolson is required before filing any responsive brief for a discovery motion.

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Judge Wolson does not permit summary judgment motions in bench trials without prior leave of court. A party that seeks leave to file a summary judgment motion in a bench trial must send Judge Wolson a letter no more than seven days after the close of discovery explaining the grounds on which the party seeks leave to move.

Summary: Prior leave of court is required to file a summary judgment motion in a bench trial; leave requests must be sent via letter to Judge Wolson within seven days after the close of discovery, explaining the grounds for the request.

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For a Government continuance request, where the defendant will not sign a waiver, Judge Wolson will hold a hearing.

Summary: Hearing required for Government continuance requests where defendant does not sign waiver.

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Judge Wolson does not permit continuance requests by letter.

Summary: Continuance requests may not be submitted by letter.

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Required

Always ?

Judge Sánchez regularly lists a final pretrial conference date in the Scheduling Order. Generally, the final pretrial conference will be held no less than 30 days after the close of discovery and during the week preceding the trial date or trial pool to which a case is assigned.

Summary: Final pretrial conference held at least 30 days after discovery closes and during week before trial.

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If a motion for summary judgment is pending when the final pretrial conference takes place, counsel must be prepared to argue the motion at the conference.

Summary: Pending summary judgment motions must be argued at final pretrial conference.

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Motions in limine with respect to legal matters that the parties reasonably expect to arise during trial must be presented in accordance with the deadline established in the Scheduling Order. Motions in limine filed after the deadline will be considered only upon a showing of good cause.

Summary: Motions in limine must meet Scheduling Order deadline; late filings require good cause.

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Required

Always ?

Judge Sánchez expects to decide disputes regarding deposition designations and preserved objections within depositions at the final pretrial conference. To facilitate the timely resolution of such disputes, the parties must exchange deposition designations at least one week prior to the final pretrial conference, and counter-designations must be exchanged at least three days prior to the conference. The parties must submit any objections to designations and counter-designations to the Court in writing no later than one day before the final pretrial conference, along with a copy of the deposition transcript(s). Objections should be raised by letter referencing the page number(s) and ground(s) for objection; a formal motion is not required.

Summary: Deposition designation disputes resolved at final pretrial conference; specific exchange deadlines apply.

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Motions to compel or other discovery motions should not be filed until a telephone conference has been held.

Summary: Discovery motions should not be filed until after a telephone conference with chambers.

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Curable Defects: Before any motion based on a curable defect under Rule 12 is filed, counsel must certify that opposing counsel has been given an opportunity to cure the defect.

Summary: Pre-motion certification required for Rule 12 motions that opposing counsel was given opportunity to cure.

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Motions for Injunctive Relief: When a temporary restraining order is requested, Judge Sánchez will immediately schedule a conference to hear the motion. Unless the urgency of the circumstances preclude notice to opposing counsel, Judge Sánchez requires that all counsel be present.

Summary: TRO requests trigger immediate conference scheduling with all counsel required to attend.

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Upon the filing of any motion, the parties shall advise the Court whether they intend to present testimony in support of or in opposition to the motion and the expected duration of any such testimony, so that the Court can schedule a motion hearing, if necessary.

Summary: Upon filing any pretrial motion in criminal cases, parties must advise Court of intent to present testimony and expected duration.

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Before filing a motion pursuant to Fed. R. Civ. P. 12(b)(6), counsel shall first contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies. This conference shall take place at least seven (7) days prior to the filing of the motion.

Summary: 7-day pre-motion conference required before filing Rule 12(b)(6) motions.

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If the parties are unable to reach a resolution that eliminates the need for a 12(b)(6) motion, counsel for the moving party shall include, along with the 12(b)(6) motion, a certification that the parties met and conferred regarding the alleged pleading deficiencies.

Summary: Certification of pre-motion conference required with Rule 12(b)(6) motion.

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It is not sufficient to report that opposing counsel was not available or that the parties made “reasonable efforts.” The Court will deny a 12(b)(6) motion that does not meet these requirements.

Summary: Merely reporting unavailability or reasonable efforts is insufficient; motion will be denied.

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The Court will schedule a preliminary pretrial conference as described in Fed. R. Civ. P. 16 once each defendant has appeared in the case. The Court expects lead trial counsel to attend the conference in person. If lead counsel is unable to attend for a compelling reason, the

Summary: Preliminary pretrial conference scheduled after all defendants appear; lead counsel must attend in person.

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Counsel may request a telephone or video conference with Judge Hodge to resolve straightforward discovery disputes and other issues, but complicated matters should be resolved by formal motion and briefing. Counsel must make a substantive effort to address all discovery disputes with opposing counsel before requesting Judge Hodge’s assistance and submit a certification to that end along with any discovery motions. Counsel should submit a letter by email to Chambers summarizing the reason for the requested telephone conference. An email request without a letter attached will not be considered.

Summary: Counsel may request telephone/video conference for simple discovery disputes; must attempt to resolve with opposing counsel first and submit letter via email.

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1. Meet and Confer Certification with Motions: 1 Counsel contemplating filing any motion, including a motion under Fed. R. Civ. P. 12 or 56, 28 U.S.C. §1441, or 28 U.S.C. §1404, shall contact opposing counsel prior to filing to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies or strike certain matter to see if the filing of the contemplated motion is then necessary. This conference shall take place at least seven (7) days before the filing of the motion. The parties shall conduct substantive verbal communications. Exchanges of letters or emails are insufficient. A report that opposing counsel was not available or that the parties made reasonable but unsuccessful efforts to meet and confer is likewise insufficient. If the parties cannot reach a resolution that eliminates the need for any of the above-mentioned motions, counsel for the moving party shall include, along with the 1 This directive shall not apply to cases in which either side is pro se, or to bankruptcy or Social Security appeals.

Summary: Counsel must meet and confer with opposing counsel at least 7 days before filing Rule 12, 56, removal, or transfer motions; verbal communication required, pro se/bankruptcy/Social Security appeals exempt.

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The initial pretrial conference is a substantive discussion addressing, at a minimum: items listed in Fed. R. Civ. P. 16 and Local Rule 16.1(b); completion of self-executing disclosures under Fed. R. Civ. P. 26(a); a review of the required stipulated facts; disclosure of insurance coverage and deductibles; requests for a Fed. R. Evid. 502(d) Order; status of pending discovery; the preservation, production and cost allocation of electronically stored information; status of settlement demands and offers and proposed timing of mediation; and, specific facts regarding liability, damages and relief sought.

Summary: Initial pretrial conference must address multiple substantive topics.

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In patent non-ANDA cases, the comprehensive joint report of the Rule 26(f) meeting shall include proposed dates for the exchange, in steps, of required information to plan for a Markman hearing as soon as practicable under Fed. R. Civ. P. 1:

Summary: Patent non-ANDA cases require specific Markman hearing planning in Rule 26(f) report.

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Absent compelling grounds provided in writing before the conference, counsel attending the initial pretrial conference shall be designated as lead trial counsel. If lead counsel is excused in advance of the conference, the attorney appearing must have access to lead counsel's calendar during the proceeding.

Summary: Attending counsel at initial pretrial conference is designated as lead trial counsel unless excused.

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Lead trial counsel shall be prepared to discuss settlement at the initial pretrial conference, including having full authority from clients on settlement. Counsel may not claim lack of authority to discuss settlement with opposing counsel and Judge Kearney unless the client or carrier representative with full authority is present at the initial pretrial conference.

Summary: Lead trial counsel must have full settlement authority at initial pretrial conference.

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We interpret 'meaningfully conferred' to include sharing the movant's arguments in summary fashion as well as citations to caselaw addressing each point expected to be included in moving papers;

Summary: Meaningful conference requires sharing arguments and caselaw citations.

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Parties seeking to move to dismiss, strike, remand, transfer, substitute parties, and other threshold issues shall: 1. Confirm the movant meaningfully conferred in good faith with the represented party (does not apply to pro se parties) subject to the anticipated motion including specifically identifying the communications and shared resolution to resolve the issue particularly on motions to dismiss based on the perceived inadequacy of the pleading or venue issues which can often be readily resolved by an amended pleading or stipulated transfer or remand;

Summary: Meaningful conference required before threshold motions, except for pro se parties.

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Unless waived for good cause, our scheduling Order will begin discovery and require the parties to file a comprehensive joint report of the Rule 26(f) meeting at least one day before the initial pretrial conference fully compliant with the 'Report of Rule 26(f) Meeting' form provided on the District's web page: www.paed.uscourts.gov/judges-info/district-court-judges/mark-kearney.

Summary: Joint Rule 26(f) report required at least one day before initial pretrial conference.

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Pending motions will not excuse the requirements of holding the meeting and submitting the plan. Parties who do not comply will have no input at the initial pretrial conference.

Summary: Non-compliance with Rule 26(f) meeting results in no input at initial pretrial conference.

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Judge Kearney relies on counsel's good faith compliance in all respects with Rule 26(f). Parties should complete the Rule 26(f) meeting as soon as possible. This meeting is a meaningful and substantive discussion to address prompt settlement positions, formulate the proposed discovery plan, and discuss the parties' factual and legal positions.

Summary: Rule 26(f) meeting must be completed promptly and is substantive.

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Be prepared to address the merits of a pending or anticipated threshold motions at the initial pretrial conference, even if not fully briefed at that time;

Summary: Threshold motions must be addressed at initial pretrial conference even if not fully briefed.

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Reply briefs and sur-reply briefs may be filed without seeking leave and must be filed no later than seven days after the filing to which the brief responds.

Summary: Reply and sur-reply briefs must be filed within 7 days of the brief they respond to, without seeking leave.

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Except in cases involving a pro se litigant, or in bankruptcy or social security appeals, counsel contemplating filing a motion under Federal Rule of Civil Procedure 12(b)(6), (e), or (f), shall first contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies or strike certain matter. This conference shall take place at least seven days before the filing of the motion.

Summary: Pre-motion conference required 7 days before filing Rule 12(b)(6), (e), or (f) motions, except in pro se, bankruptcy, or social security cases.

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The Court will schedule a preliminary pretrial conference as described in Federal Rule of Civil Procedure 16 shortly after all defendants have answered the Complaint. At least three business days prior to the pretrial conference, counsel must submit to Chambers a joint report of the Rule 26(f) meeting with a proposed discovery plan. The Rule 26(f) meeting should take place as early in the case as possible.

Summary: Rule 16 conference scheduled after all defendants answer; joint Rule 26(f) report with discovery plan due 3 business days before conference.

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All motions to dismiss, transfer, or add parties and other threshold motions should be filed before the Rule 16 conference.

Summary: Threshold motions must be filed before Rule 16 conference.

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Except in cases where either side is pro se, or in bankruptcy or social security appeals, any party intending to file a motion under Federal Rule of Civil Procedure 12 must contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies or strike certain matter. This conference shall take place at least seven days prior to the filing of the motion.

Summary: Pre-motion conference required 7 days before Rule 12 motions (except pro se, bankruptcy, social security cases).

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At least 14 days before the deadline to file a motion, a responding party must serve on all other parties, a response to the moving party’s statement of facts that responds to each factual assertion. All responses should be directly under the original paragraph of the moving party’s motion and must include citations to any evidence that the responding party believes is necessary to show that the moving party has not cited evidence that supports a factual assertion.

Summary: Responding party must serve response to undisputed facts 14 days before summary judgment deadline.

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At least 28 days before the deadline to file a motion, the moving party must serve all other parties a statement of undisputed facts in a numbered, paragraph-by-paragraph statement that contains specific citations to the record that support each factual assertion.

Summary: Moving party must serve statement of undisputed facts 28 days before summary judgment deadline.

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Civil cases

After counsel have met and conferred, they may present discovery disputes to the court via letters emailed to chambers and copied to the other side without filing formal motions unless otherwise directed by the court.

Summary: Discovery disputes must be presented by letter after meet-and-confer, without formal motions unless directed.

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Judge Arteaga will not entertain a request for judicial intervention if parties or their counsel have exchanged emails or other correspondence but have not made a good faith effort to speak to each other by telephone or video conference regarding a discovery dispute.

Summary: Good faith telephone/video conference required before judicial intervention for discovery disputes.

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If a party still requires Court intervention in a discovery dispute after making good faith efforts to communicate with an opposing party, the requesting party shall email Chambers_of_Magistrate_Judge_Arteaga@paed.uscourts.gov to request a telephone conference before filing any discovery motion on the docket. The request shall: (1) describe the parties’ prior efforts to resolve their dispute in detail; (2) summarize the matters in dispute; and (3) attach any information relevant to Judge Arteaga’s consideration of the dispute.

Summary: Parties must email chambers to request telephone conference before filing discovery motion, including prior efforts, dispute summary, and relevant attachments.

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A party who plans to file a motion for summary judgment must meet and confer with all other parties and develop a single, joint appendix of all exhibits that may be referenced in their respective memoranda.

Summary: Parties filing summary judgment motions must meet and confer to develop a single joint appendix of exhibits.

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If Court intervention is required, the parties shall request a conference before filing any discovery motion.

Summary: Parties must request a pre-filing conference with the Court before filing any discovery motion requiring intervention.

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Any and all dispositive motions and motions to exclude expert witness evidence pursuant to Federal Rule of Evidence 702 shall be filed on or before [+4 weeks]. Responses to any such motions shall be filed by [+2 weeks] and replies, if any, shall be filed on or before [+1 week].

Summary: Dispositive motions and Rule 702 expert exclusion motions must be filed by [+4 weeks], responses by [+2 weeks], replies by [+1 week].

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All other motions in limine shall be filed on or before [fourteen days prior to Pretrial Stipulation]. Responses shall be filed on or before [+1 week].

Summary: Motions in limine must be filed 14 days prior to Pretrial Stipulation, responses due [+1 week].

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Civil cases

A party is granted 21 days to file a response in opposition to a motion for summary judgment and 10 days to file any reply or surreply. Motions for leave to file a reply and surreply are not necessary for a Rule 56 motion because replies and surreplies are automatically allowed.

Summary: Opposition to summary judgment due in 21 days; reply/surreply due in 10 days; no leave required.

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Required

Always ?

Judge Rufe relies on good-faith compliance in all respects with Federal Rule of Civil Procedure 26(f). The Rule 26(f) meeting shall take place as soon as possible and, in any event, at least 14 days before the Rule 16 scheduling conference. Outstanding motions will not excuse the parties from timely holding the meeting and submitting a Rule 26 plan. Compliance is mandatory. The meeting should not be viewed as perfunctory, but rather as a meaningful and substantive discussion to formulate the discovery plan required by the Rule. Parties who do not comply will have no voice at the scheduling conference and may be subject to additional sanctions.

Summary: Rule 26(f) conference required at least 14 days before Rule 16 scheduling conference; mandatory compliance.

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After the entry of appearance by defense counsel in civil actions, Judge Bartle schedules a status conference in chambers. At this status conference, counsel are expected to be prepared to discuss jurisdictional defects; possibility of amicable settlements; alternative dispute resolution; time limitations for joining additional parties and amending pleadings, if necessary; scheduling for discovery deadlines, filing of motions, filing of pretrial memoranda, and future pretrial conferences; scheduling a date for trial; and any other appropriate matter. Judge Bartle enters a scheduling order following this conference.

Summary: Status conference required after defense counsel appears in civil cases; covers multiple pretrial matters.

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Except in matters in which a pro se prisoner is a party, the parties shall meet and confer about the material facts no later than fourteen days prior to the filing of any summary judgment motion pursuant to Federal Rule of Civil Procedure 56.

Summary: Meet and confer about material facts required 14 days before Rule 56 motions (except pro se prisoner cases).

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When a discovery default occurs, Judge Padova encourages counsel to file a motion to compel, which he will usually grant upon presentation pursuant to Local Civil Rule 26.1(g). When a discovery dispute occurs, and counsel have been unable to resolve it themselves or with Judge Padova’s assistance by telephone, he requires a motion to compel.

Summary: Discovery disputes require motion to compel after failed resolution attempts.

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Reply and Surreply Briefs... Reply and surreply briefs may only be filed with leave of the Court. A motion for leave to file a reply or surreply brief must be filed within fourteen days of the previous filing, and counsel shall attach as an exhibit the proposed reply or surreply brief.

Summary: Reply/surreply briefs require leave of court, filed within 14 days with proposed brief attached.

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Motions in limine must be filed by the deadline set in the Scheduling Order. Rulings upon such motions are usually made before or at the final pretrial conference.

Summary: Motions in limine must be filed by Scheduling Order deadline.

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If a discovery dispute is not resolved following a telephone conference and a motion to compel becomes necessary, the motion and any

Summary: Motion to compel may be filed if telephone conference doesn't resolve discovery dispute.

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Threshold motions (e.g., motions to transfer or substitute parties) should be filed at least seven (7) days before the Rule 16 conference.

Summary: Threshold motions must be filed at least 7 days before Rule 16 conference.

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Civil cases

Motions for Leave should highlight the specific issues raised in the response brief to which a reply is requested. Counsel should not prepare and attach their proposed reply to their Motion.

Summary: Motions for leave to reply must specify issues and not include proposed reply.

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Civil cases

Failure to communicate by the filing party may result in the motion being denied. Failure to respond within a reasonable timeframe to attempts to communicate from the filing party may result in sanctions for the non-responding party.

Summary: Failure to meet and confer may result in motion denial or sanctions.

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Reply briefs are encouraged where thought to be helpful; may be filed without leave; and must be filed no later than 7 days after the opposition brief.

Summary: Reply briefs encouraged, may be filed without leave, must be filed within 7 days of opposition brief

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These efforts must include substantive verbal communications, whether by phone or in person. Exchanges of letters or e-mails are not sufficient.

Summary: Pre-motion conference must include substantive verbal communication, not just emails/letters.

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Civil cases

Judge Wells does not generally conduct pretrial conferences in criminal cases, but will do so, upon request of counsel.

Summary: Pretrial conferences not generally conducted in criminal cases but available upon request.

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Judge Straw will not normally permit sur-reply briefs and counsel desiring to file a sur-reply must first seek permission of the Court by letter brief, before such a brief will be accepted.

Summary: Sur-reply briefs require prior permission by letter brief.

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A reply brief, addressing arguments raised in the brief in opposition to the motion, may be filed and served by the moving party within seven (7) days after service of the brief in opposition to the motion unless the Court sets a different schedule.

Summary: Reply briefs must be filed within 7 days of opposition brief unless Court sets different schedule.

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Judge Henry attempts to hold a prompt conference with counsel seeking and defending requests for temporary restraining orders and preliminary injunctions following an affidavit of service.

Summary: Prompt conference held for TRO/preliminary injunction requests.

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Judge Henry attempts to hold a prompt conference with counsel seeking and defending requests for temporary restraining orders and preliminary injunctions following an affidavit of service.

Summary: Prompt conference held with counsel for TRO and preliminary injunction motions after affidavit of service.

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Civil cases

As needed, after ruling on dispositive motions, the Court will hold a final pretrial conference in Court with counsel.

Summary: A final pretrial conference will be held after dispositive motions are ruled upon.

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Civil cases

Required

Always ?

A Rule 16 Pretrial Conference will be held as soon as possible after all defendants have docketed an Answer to the Complaint. If the Court has not scheduled a Rule 16 conference within a reasonable time after the filing of the Answer, counsel should contact Chambers to request a conference.

Summary: Rule 16 conference held after all defendants answer; counsel may request if not scheduled.

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Civil cases

Required

Always ?

A Pretrial Conference will be scheduled either at the time of the Rule 16 Conference if dispositive motions are not anticipated or if necessary after a ruling on dispositive motions. At the Pretrial Conference a date certain trial date and associated deadlines will be provided.

Summary: Pretrial conference scheduled at Rule 16 if no dispositive motions, or after ruling on dispositive motions.

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Civil cases

Oral argument will be scheduled by Chambers when it is beneficial to the Court. Parties may request oral argument, but the Court will frequently decide a motion on the papers even where such a request is made.

Summary: Oral argument scheduled at Court's discretion; may decide on papers even if requested.

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Civil cases

A ruling will be made on the Motion for Leave without a response from opposing counsel. If the Court grants leave to file a reply, the order will clearly specify the scope of the reply and the due date.

Summary: Ruling on reply leave without response; if granted, scope and due date specified.

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The moving party may then respond to any statements or arguments in the responding party’s submission, directly under the relevant paragraph.

Summary: Moving party may respond to responding party's statements directly under relevant paragraphs

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Required

Always ?

The Court will schedule a preliminary pretrial conference pursuant to Federal Rule of Civil Procedure 16 once each defendant has appeared in the case.

Summary: Rule 16 conference scheduled after all defendants appear.

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Required

Always ?

The time for filing motions in limine will be determined at the Rule 16 conference and will be confirmed in the scheduling order.

Summary: Motions in limine filing deadline set at Rule 16 conference and confirmed in scheduling order.

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Prior to any formal hearings, Judge Younge may hold a conference with counsel.

Summary: Before a formal hearing, the judge may hold a conference with counsel.

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Judge Wolson typically holds suppression, Starks, and Daubert hearings at least 14 days prior to trial.

Summary: Suppression, Starks, and Daubert hearings are typically scheduled at least 14 days before trial.

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Judge Kearney expects counsel attempted to resolve objections to exhibits and testimony before the motions in limine deadlines, leaving only those objections the parties could not resolve.

Summary: Counsel expected to resolve objections before motions in limine deadlines.

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To the extent there are unresolved evidentiary issues, counsel should anticipate the Scheduling Order will require motions in limine be filed after the contemporaneous exchange of pretrial memoranda, with a reply due before the pretrial conference.

Summary: Motions in limine filed after exchange of pretrial memoranda, with reply before pretrial conference.

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Judge Costello will rarely grant summary judgment in a non-jury case.

Summary: Summary judgment rarely granted in non-jury cases.

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Judge Perez will schedule a Rule 16 conference once an answer is filed, or in some instances, while a motion to dismiss or another preliminary motion is pending.

Summary: Rule 16 conference scheduled after answer or during preliminary motions.

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The moving party may then respond to any statement or arguments in the responding party’s submission, directly under the paragraph in question.

Summary: Moving party may respond to responding party's submissions under each paragraph.

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Civil cases

Required

Always ?

I generally will not require oral argument on motions.

Summary: Oral argument is generally not required for motions.

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Civil cases

Required

Never ?

Judge Wells does not generally conduct pretrial conferences in criminal cases, but will do so, upon request of counsel.

Summary: Pretrial conferences in criminal cases are generally not held, but may be conducted if counsel requests one.

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Federal Rule of Civil Procedure 26(c) requires parties to confer and attempt to reach an agreement regarding the confidentiality of discovery materials before seeking Court intervention.

Summary: Parties must confer on discovery confidentiality before seeking court intervention per FRCP 26(c).

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Motion practice is governed by Eastern District of Pennsylvania Local Rule of Civil Procedure 7.1 except as described elsewhere in these Practices and Procedures, the Local Rules and applicable Standing Orders, or, as relevant, the Supplemental Rules for Social Security Actions under 42 U.S.C. § 405(g) or the Rules Governing Section 2254 Cases in the United States District Courts.

Summary: Motion practice is governed by Local Rule 7.1 subject to these procedures, local rules, standing orders, and supplemental rules for Social Security and Section 2254 cases.

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Judge Sitarski usually conducts a conference on proposed jury instructions.

Summary: Conference on proposed jury instructions is usually conducted.

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Civil cases

Judge Brody will hold oral argument if she believes it will assist her in deciding the motion. Judge Brody will also consider requests from counsel to hold oral argument on a particular motion.

Summary: Oral argument held at judge's discretion or upon counsel's request.

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Civil cases

Although sometimes unnecessary, replies are automatically allowed for all motions, and a party need not seek leave to file a reply. For a Rule 56 motion, a surreply is automatically allowed. For all other motions, surreply briefs are discouraged and a party must move for leave to file a surreply.

Summary: Replies automatically allowed for all motions; surreplies allowed for Rule 56 motions, discouraged for others.

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In most cases, summary judgment motions filed pursuant to Federal Rule of Civil Procedure 56 will use the form and schedule outlined in Attachment B to the Sample Scheduling Order (the Appendix hereto), which is known as the “alternative method.” When there are cross-motions for summary judgment or in certain other cases, however, Judge Rufe will permit the parties to file their Rule 56 Motions under the traditional method.

Summary: Summary judgment motions typically use alternative method schedule.

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Judge Padova regularly schedules an initial pretrial conference within 30 days of all defendants filing answers to the complaint.

Summary: Initial pretrial conference scheduled within 30 days of all defendants filing answers.

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The Rule 26(f) meeting shall take place as soon as possible and, in any event, at least fourteen days before the scheduling conference.

Summary: Rule 26(f) meeting must occur at least 14 days before scheduling conference.

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Judge Padova further requires that counsel taking part in all pretrial conferences be prepared to speak on the subjects to be covered, including settlement, and have authority from their clients to do so.

Summary: Counsel must have client authority to speak on settlement at all pretrial conferences.

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Counsel must be prepared to present argument at the conference on any pending motions.

Summary: Counsel must be prepared to argue pending motions at pretrial conferences.

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Required

Always ?

Judge Padova typically holds a final pretrial conference sometime during the week before trial is scheduled.

Summary: Final pretrial conference typically held during week before trial.

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Civil cases

The parties may stipulate to a briefing schedule.

Summary: Parties may agree to a different briefing schedule.