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Motion Practice

Judge Cook's Court Clerk generally schedules motions for hearing. The Court, in reviewing an ex parte application pursuant to E.D. Mich. LR 7.1(c)(3)(A) to file a brief longer than twenty pages, considers the complexity of the issues and the amount of pages the litigant requests. It may allow less pages than requested. Before ruling, Judge Cook needs to see the proposed brief and not just the motion for more pages.

Typically, motions are heard five weeks after filing. The Court generally enforces E.D. Mich. LR 7.1(d) with respect to filing of responses to motions. It will accept reply briefs; but the timing requirements for the filing of the briefs varies depending on the circumstances.

The Court typically schedules oral argument on dispositive motions, but not on non-dispositive motions.

Judge Cook will impose sanctions for untimely briefs in accordance with paragraph 9 of his Scheduling Order. He requires strict compliance with E.D. Mich. LR 7.1(a) in seeking concurrence in motions, and will impose sanctions for failure to comply. He also encourages parties to present proposed Orders at the hearing.

Judge Cook generally does not refer motions (other than discovery) to the Magistrate Judge. In addition to dispositive motions, he hears motions on, inter alia, damages, fees, sanction issues, and criminal matters.

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