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Motion Practice

Pursuant to 28 U.S.C. §636 (b)(1)(A) and (B) and an order of reference from the district judge, motions will be decided either by Report & Recommendation or Order. Dispositive motions may be referred by the district judge for Opinion and Order upon the consent of the parties, see 28 U.S.C. §636(c).

Except when requested by the court (e.g. confirming an adjournment or withdrawal of a motion), letters are not to be sent to the court. Letters directed to the court, even if copied to the opposing counsel, may be deemed improper ex parte communications and will be returned to the sender.

It is the general practice of the court to hear argument on civil motions. Motion hearings are usually set Monday and Wednesday, at 10:00 AM or 1:30 PM. Motions requiring protracted arguments may be set separately if requested by counsel in advance. Motions requiring an evidentiary hearing will also be heard separately.

Out of town counsel may request to appear by phone and this is generally permitted. In the event of inclement weather or other circumstances, counsel should contact the court to request that the motion be heard by telephone or on the pleadings filed.

Courtesy copies of the motion are not necessary unless the motion is voluminous or has voluminous exhibits. The court will contact counsel for a courtesy copy if one is desired. Counsel may bring an appropriate order granting or denying the motion to the hearing. Proposed orders should not be e-filed.

Although the court expects responses to the motion within the time limits of the Federal Rules of Civil Procedure, the response date may be modified in the court’s Notice of Hearing. If no response is filed, the movant shall present an appropriate order on the motion and no hearing will be held.

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