IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
STANDING ORDER FOR OBJECTIONS
FILED UNDER FED. R. CIV. P. 72
WHEREAS, Standing Orders regarding objections to a Magistrate Judge’s
decision on dispositive and non-dispositive motions in both non-pro se and pro se
matters under Federal Rule of Civil Procedure 72 have previously been entered;
WHEREAS, in order to more efficiently manage objections to Report and
Recommendations (“R&R”), rulings or orders issued by a Magistrate Judge, it is
appropriate to amend the prior Order;
NOW, THEREFORE, this 7th day of March, 2022, it is ordered, that in addition to
the provisions of 28 U.S.C. § 636(b)(1)(A) and (B), F ED. R. CIV. P. 72 and D. DEL. LR
7.1.5(b) and 72.1, the following procedures shall apply to all objections to a Magistrate
Judge’s decision on dispositive and non-dispositive matters:
1. Unless otherwise ordered by the District Judge, in non-pro se matters, the
objecting party must provide the District Judge to whom the case is assigned, a
courtesy copy of all filings (e.g., motions, briefs, appendices) associated with the matter
to which the R&R, ruling or order relates. Such courtesy copies shall be provided to the
District Judge no later than five (5) days after the objections are filed.
2. Unless otherwise ordered by the District Judge, in pro se matters, the party
represented by counsel must provide the District Judge to whom the case is assigned,
a courtesy copy of all filings (e.g., motions, briefs, appendices) associated with the
matter to which the R&R, ruling or order relates. Such courtesy copies shall be
provided to the District Judge no later than five (5) days after the objections are filed.
3. Nondispositive Matters. All orders or rulings of a Magistrate Judge authorized
by 28 U.S.C. § 636(b)(1)(A) shall be final unless a party timely files written objections.
The objections shall specify the matters to which the party objects and the manner in
which it is claimed that the order or ruling is clearly erroneous or contrary to law.
4. Dispositive Motions. Written objections to findings of fact and
recommendations for disposition by a Magistrate Judge pursuant to 28 U.S.C.
§ 636(b)(1)(B) shall specify the portions of the findings and recommendations to which
objection is made and the basis for each objection, and shall be supported by legal
authority.
5. Certification. Any party filing objections with a District Judge to a Magistrate
Judge’s order, ruling or recommended disposition must include, along with the
objections, a written statement either certifying that the objections do not raise new
legal/factual arguments, or identifies the new arguments and describes the good cause
for failing to previously raise the new legal/factual arguments before the Magistrate
Judge.
6. Timing of Objections. Unless otherwise ordered, applications for extension of
time to file or respond to objections shall be reviewed by the Magistrate Judge.
7. Briefing. Briefing on objections consists solely of the objections and an
answer thereto. No reply in support of objections may be filed without leave of the
Court. Unless otherwise ordered, objections and answers are limited to ten (10)
double-spaced pages, and any applications for modification of these limits shall be
reviewed by the Magistrate Judge.
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8. Effect of Magistrate Judge Orders and Recommendations. Until a District
Judge has completed his or her review of an objection to a Magistrate Judge's order or
ruling on a nondispositive matter, such order or ruling shall govern further proceedings.
Until a District Judge has completed his or her review of an objection to a Magistrate
Judge recommended disposition of a dispositive matter, that Magistrate Judge may, in
his or her discretion , conduct further proceedings in any manner the Magistrate Judge
deems appropriate.
Chief U.S. Magistrate Judge
Honorable Christoper J. Burke
U.S. Magistrate Judge
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