Local Rule Rule 7.1: MOTIONS

Rule 7. 1 MOTIONS

(a) Hearings. Motions will be decided on the submissions unless oral argument, at the Court's discretion, is ordered. Nothing in this rule precludes the Court from ruling on a motion at any time after it is filed.

(b) Motions, Responses and Reply; Time for Filing; Length.

(1) Non-Dispositive Motions.

(A) Duty to Confer. Except as otherwise ordered, the Court will not entertain any non-dispositive motion unless counsel for the moving party has conferred and made reasonable good faith efforts to resolve the dispute with, or obtain the consent of, opposing counsel prior to filing the motion. The moving party shall state in the motion the specific efforts to comply with this rule and the position of the opposing party. A motion may be summarily denied for failure to certify conferral. This provision does not apply to cases involving pro se parties. For purposes of this rule, any motion not listed in Local Rule 72.1(c) is a non-dispositive motion.

(B) Briefs. A non-dispositive motion shall include a short, concise statement of the arguments and authorities in support of the motion. Each party opposing the motion shall have fourteen (14) days after the filing of the motion to file a written response containing a short, concise statement of the arguments and authorities in opposition to the motion. The Court may, in its discretion, consider the failure of a responding party to file a timely response as a confession of the motion.

(C) Page Limitation. Briefs in support of and in opposition to all non-dispositive motions are limited to a maximum of ten (10) pages. Motions seeking permission to file briefs in excess of ten (10) pages will be granted only when complex or numerous legal issues justify such relief. The motion shall state how many pages the proposed brief will contain.

(D) Reply Briefs. Parties shall not file reply briefs for any motion set for hearing. For motions to be determined without a hearing, a reply brief may be filed within seven (7) days of the filing of the response brief. Reply briefs are limited to five (5) pages. Absent extraordinary circumstances, motions to exceed page limits for reply briefs will not be entertained. Reply briefs shall not be used to reargue the points and authorities included in the opening brief or address issues not previously raised in the motion or response.

(E) Proposed Order. A moving party must submit a proposed order for all non-dispositive motions. The proposed order must be separate from the motion, bear a separate caption, and clearly set out the order's basis and terms. Proposed orders should also be provided in Word format to the judge's chambers' email, along with a copy to counsel for all parties. The attorney information block and file path shall not be included on proposed orders.

(2) Dispositive and Preliminary Injunction Motions.

(A) Briefs. A dispositive motion must be accompanied by a separately-filed written brief containing a short, concise statement of the arguments and authorities in support of the motion. Each party opposing the motion shall have fourteen (14) days from the filing of the motion to file a written brief containing a short, concise statement of the argument and authorities in opposition to the motion. For any motion that does not indicate it is unopposed, a party that does not intend to oppose it shall file promptly and no later than the response deadline a notice of non-opposition. The Court may, in its discretion, consider the failure of a responding party to file a timely response as a confession of the motion.

(B) Page Limitation. Briefs in support of and in opposition to all dispositive motions are limited to twenty-five (25) pages. Motions seeking permission to file briefs in excess of twenty-five (25) pages will be granted only when complex or numerous legal issues justify such relief. The motion shall state how many pages the proposed brief will contain.

(C) Reply Briefs. Parties shall not file reply briefs for any motion set for hearing. For motions to be determined without hearing, a reply brief may be filed within seven (7) days of the filing of the response brief. Reply briefs are limited to ten (10) pages. Absent extraordinary circumstances, motions to exceed page limits for reply briefs will not be entertained. Reply briefs shall not be used to reargue the points and authorities included in the opening brief or address issues not previously raised in the motion or response.

(D) Summary Judgment Motions. The moving party's brief must set out a statement of all of the material facts as to which the movant contends no genuine issue exists. The facts must be numbered and must refer with particularity to those portions of the record upon which the movant relies.

The response brief must contain a statement of the material facts cited by the movant as to which the non-movant contends a genuine issue does exist. Each fact in dispute must state the number of the movant's fact that is disputed and must refer with particularity either to (1) those portions of the record upon which the non-movant relies or (2) the portion of the party's argument showing that the materials the movant cited do not establish the absence of a genuine dispute. All material facts set forth in the moving party's brief may be deemed undisputed unless specifically controverted. The response brief may set forth additional facts other than those which respond to the movant's brief which the non-movant contends are material to the resolution of the motion. Each additional fact must be lettered and must refer with particularity to those portions of the record upon which the non-movant relies.

Unless a hearing is set, the reply brief must contain a statement of those facts set forth in the response which the movant disputes or to which the movant asserts an objection. Each fact must state the letter of the non-movant's fact and must refer with particularity to either (1) those portions of the record upon which the movant relies or (2) the portion of the party's argument showing that the materials the non-movant cited do not establish the absence or presence of a genuine dispute. All material facts set forth in the response will be deemed undisputed unless specifically controverted.

(E) Proposed Findings and Conclusions. Unless otherwise ordered, parties are not required to submit proposed findings of fact and conclusions of law and proposed orders.

(F) Deadlines. The time requirements and sequence of filing dispositive motions and briefs may be determined by the Court at the initial pretrial conference.

(G) Amicus Briefs. An amicus brief shall not be filed without prior leave of court. A motion for leave to file an amicus brief must be served on each party and comply with Local Rule 7.1(b)(1). If leave is granted, the amicus brief and any responses thereto must comply with Local Rule 7.1(b)(2).

(c) Motion Exhibits.

(1) Separate Attachment. Affidavits and other supporting exhibits shall be filed with the motion or brief. Each exhibit shall be filed as a separate attachment.

(2) Appropriate Exhibits. A party should attach only those exhibits or portions thereof specifically cited in the briefing and upon which the party relies. Any exhibits or portions thereof attached which are not cited or referred to with particularity may not be considered.

(3) Non-duplication of Exhibits. An exhibit should be submitted only once and may later be referred to by document title and docket number (ECF No.). An exhibit may be submitted more than once, however, if the submitting party wishes to bring to the Court's attention portions of the exhibit different from those previously referenced.

(4) Supplemental Documents. Unless the Court otherwise orders, no party may file any supplemental documents, exhibits and/or affidavits less than three (3) working days prior to any hearing.

(d) Attendance at Hearings. Unless excused by the Court, counsel's failure to attend any hearing properly noticed for motion may be deemed either a waiver of the motion, if absent counsel represent the moving party, or a confession of the motion, if absent counsel represents the responding party.

(e) Telephone and/or Video Appearance. All hearings set for open court shall be attended in person by counsel. Telephonic and/or video attendance must be approved in advance by the judge's chambers.