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Motion Practice

The Court will issue the Notice of Hearing and briefing schedule upon receipt of the motion and supporting brief; the movant need not submit a Notice of Hearing. Courtesy copies must be properly bound. The Court will not accept documents loosely secured with a rubber band or binder clip. Hearings are held on most motions. Non-dispositive motion hearings are typically held on Wednesdays and dispositive motion hearings on Tuesdays. Discovery related motions are generally referred to the magistrate judge assigned to the case.

The court requires strict compliance with Local Rules 5.1 and 7.1, as well as the Electronic Filing Policies and Procedures for all motions. Failure to comply with these rules may result in the denial of the motion. Extensions of the page limit set forth in Local Rule 7.1 may be obtained by the filing of an ex parte motion, which may be granted if the request for additional pages is warranted and reasonable.

Counsel are discouraged from employing elaborate boilerplate recitations of the applicable standard of review and lengthy string citations in support of well-established legal principles. Instead, counsel should focus their analysis on a few well-chosen cases, preferably recent and from controlling courts. Facts must be supported with citations to either the pleadings, interrogatories, admissions, depositions, affidavits or documentary exhibits. Where unpublished opinions or opinions published only in specialty reporters are cited, copies of the cases must be submitted as an exhibit. As to citation of deposition testimony, counsel should supply the Court with a transcript of the cited page(s) together with sufficient accompanying pages to provide context. Other documents referred to in the brief should be included as an exhibit.


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