Motion Practice

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The Court requires compliance with Local Rule 7.1(a) regarding seeking concurrence in all motions.

After a motion is filed, the Court Clerk will issue a notice of the hearing date. Motions are generally heard two months after they are filed.

The Court will consider ex parte applications to file a brief longer than 20 pages based upon the complexity of the case and the number of issues to be covered. Copies of the proposed brief must be provided to the Court along with the ex parte application. Page limits are rarely extended more than five pages for responses and two pages for replies.

The Court enforces Local Rule 7.1(d) with respect to responses to motions, even when the motion hearing is set far in advance, although the Court may grant an extension if requests are timely filed. Attorneys who do not respond to motions in a timely fashion may not be permitted to argue before the Court during oral argument. The Court will accept reply briefs if filed pursuant to Local Rule 7.1. Sur-replies are not permitted unless new law has emerged since the response was filed.

Parties must follow the citation form set forth in Eastern District of Michigan Electronic Filing Policies and Procedures R6 when referring to a portion of the record that has previously been filed. Parties should refrain from re-filing items, as exhibits or otherwise, that already appear elsewhere on the docket.

No party may file more than one motion for summary judgment without obtaining leave of court.

For citations to unpublished cases, Judge Levy prefers Westlaw citations. There is no need to attach unpublished cases as an exhibit unless the case is unavailable on Westlaw.