Motion Practice

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A. Authority to Hear Motions

Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), and upon an order of reference from the district judge assigned to the case, motions will be decided either by report and recommendation or order. Dispositive motions may be referred by the district judge for opinion and order on consent of the parties. (28 U.S.C. § 636(c)).

B. Meet and Confer Requirement

Except in pro se prisoner cases, no motion should be filed or considered unless the moving party or counsel has conferred in good faith by telephone or in-person with all other relevant parties or counsel in an effort to resolve the dispute, or has made a reasonable attempt to so confer. If the conference with the relevant parties or counsel has not resolved the dispute, the moving party or counsel must inform the opposing parties or counsel during the conference that the moving party intends to seek relief from the Court regarding the dispute. If the conference cannot reasonably be held, then the moving party must inform all opposing parties or counsel by letter, prior to filing a motion that the moving party intends to seek relief from the Court. Any motion filed must state the date of the conference or list all reasonable efforts to hold the conference and indicate the reason or reasons why the conference was not held. The motion must also include a statement of the unresolved issues and provide the adversary’s position as to each statement of the unresolved issues and provide the adversary’s position as to each issue in controversy as stated by the adversary during the pre-motion conference.

C. Briefing Schedule on Motions

In instances where the Court has issued a briefing schedule on a motion, that schedule applies. In all other instances, the parties should follow Local Rule 7.1(e).

A memorandum of law must accompany all motions and responses. Unless prior permission has been granted, memoranda of law in support of motions or responses are limited to 20 pages, and reply memoranda are limited to 5 pages - including footnotes and signatures.

If a motion, response or reply includes exhibits totaling more than 20 pages, then in addition to the electronically filed copy, a courtesy copy of the motion and exhibits shall be provided to the court’s chambers. Relevant portions of lengthy documents should be highlighted. The courtesy copy should be a filed copy containing the electronic date stamp on the top.

D. Hearing/Oral Argument

Parties may request oral argument at the time the motion or response is filed, this request should appear directly below the title of the motion. However, the Court will determine whether argument will be heard and, if so, will advise counsel of the hearing date. Oral argument is rarely held in prisoner cases, or in civil cases where a party is proceeding pro se.

E. Courtesy Copies

Courtesy copies of the motion are not normally necessary. However, if a motion, response or reply includes exhibits totaling more than 20 pages, or if any attachment(s) will not reproduce clearly (i.e., pictures, graphs, etc.), a hard copy of the motion and the exhibits, appropriately tabbed, shall be delivered to chambers within 48 hours of the filing of the motion.