Local Rule 72-2: Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge

72-2. Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge

(a) Form of Objection. Any objection filed pursuant to Fed. R. Civ. P. 72(a) and 28 U.S.C. § 636(b)(1)(A) must be made as a "Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge."

(b) Contents of Motion. Any motion filed pursuant to this rule may not exceed 5 pages (not including declarations and exhibits) and must include: (1) A specific statement of the portions of the Magistrate Judge's findings, recommendation, or report to which an objection is made; (2) A statement of the Court action requested; (3) A statement of the reasons and authority supporting the motion; and (4) A proposed order.

(c) Service of Motion. The moving party must deliver any manually filed motion and all attachments to all other parties on the same day that the motion is filed.

(d) Opportunity for Response; Ruling on Motion. Unless otherwise ordered by the assigned District Judge, no response need be filed and no hearing will be held concerning the motion. The District Judge may deny the motion by written order at any time, but may not grant it without first giving the opposing party an opportunity to respond. If no order denying the motion or setting a briefing schedule is made within 14 days of filing the motion, the motion shall be deemed denied. The Clerk shall notify parties when a motion has been deemed denied.

Commentary Procedures governing review of a pretrial order by a Magistrate Judge on matters not dispositive of a claim or defense are governed by Fed. R. Civ. P. 72(a) and 28 U.S.C. § 636(b)(1)(A). Procedures governing consideration of a Magistrate Judge's findings, report and recommendations on pretrial matters dispositive of a claim or defense are governed by Fed. R. Civ. P. 72(b) and 28 U.S.C. § 636(b)(1)(B) & (C).