Local Rule 7012-1: WHERE A MOTION TO DISMISS IS REQUESTED AGAINST A PARTY WITHOUT COUNSEL

LOCAL RULE 7012-1: WHERE A MOTION TO DISMISS IS REQUESTED AGAINST A PARTY WITHOUT COUNSEL Any motion seeking dismissal of an adversary proceeding pursuant to Fed. R. Civ. P. 12 as made applicable by Fed. R Bankr. P. 7012 in which the non-moving party is without counsel shall contain a notice in substantially the following form:

NOTICE A motion to dismiss is a request that one or more issues in a case be decided without holding a trial. Motions to dismiss are governed by Rule 12, Federal Rules of Civil Procedure. Your complaint, or the portions of your complaint that the motion seeks to dismiss, may be dismissed if the court finds that the complaint does not contain sufficient allegations to state a claim upon which the court can grant relief. If you wish to oppose the motion to dismiss, you must file with the court and serve on the other party a written response within the time period set forth in a notice that will be separately mailed to you by the Clerk of Court. If you file a written response, a hearing will be held at the location and time set forth in the notice from the Clerk of Court. If you fail to file a timely written response to the motion, the court will consider the motion unopposed and may grant the motion without holding a hearing. This will result in the termination of the proceeding, or some part thereof, in favor of the moving party.

Notes:

(2025) The rule was amended to clarify that it is applicable only to dismissal motions filed pursuant to Fed. R. Bankr. P. 7012.