Magistrate Judge Dulce J. Foster
Practice Pointers and Preferences
Contact with Chambers
• If you have questions about Magistrate Judge Foster’s Practice Pointers and Preferences, please
contact Chambers at 612-664-5540, or email at
[email protected].
• Neither Magistrate Judge Foster nor any member of her Chambers staff will provide answers to
substantive or procedural legal questions. Please refer to the Federal Rules of Civil Procedure,
the Local Rules for the District of Minnesota, any applicable statutes and any applicable orders
in the case.
• Neither Magistrate Judge Foster nor any member of her Chambers staff will communicate with
members of the media about any matter before the Court.
• Requests for relief must be brought by motion or stipulation, or by using Magistrate Judge
Foster’s informal dispute resolution (“IDR”) process, as described below. Email messages and
telephone calls to Judge Foster’s Chambers are not proper means for requesting relief from the
Court. Letters to the Court requesting relief will not be considered unless the parties have
jointly requested a resolution through the IDR process.
• If you have a question or seek clarification regarding an order Magistrate Judge Foster previously
entered, please do not call Chambers seeking an answer or clarification. Instead, file a letter on
CM/ECF containing your question or request for clarification. If your clarification letter includes
a request for relief, that portion of the letter will not be considered unless you bring your request
by motion, stipulation or IDR.
• When calling Chambers with a question about a specific case, first identify yourself and the party
you represent, and be ready to provide the case name and number. When emailing Chambers
with a question about a specific case, include the case name and number in the subject line of the
email and identify yourself and the party you represent in the body of the email.
• If you have a question about how to file or access a document on CM/ECF, please contact the
ECF Help Desk in the Clerk’s Office at 612-664-5155, 866-325-4975 (toll free) or
[email protected]. Helpful ECF reference guides, procedures and other resources
are available on the Court’s Electronic Filing Tools webpage, which can be found here:
https://www.mnd.uscourts.gov/electronic-filing-tools.
Resources for Pro Se Litigants
• People who represent themselves without a lawyer’s help are called “pro se litigants.” Magistrate
Judge Foster expects pro se litigants to be familiar with and follow the Federal Rules of Civil
Procedure and the Local Rules for the District of Minnesota. A free copy of the Federal Rules
of Civil Procedure is available here: https://www.uscourts.gov/rules-policies/current-rules-
practice-procedure/federal-rules-civil-procedure, and the Local Rules can be found here:
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https://www.mnd.uscourts.gov/court-info/local-rules-and-orders. A guidebook and other
useful resources for pro se litigants are available on the District Court’s web site, which you can
find here: https://www.mnd.uscourts.gov/representing-yourself.
First Pretrial Conference and Rule 26(f) Report
• If the Order Setting Pretrial Conference in a case sets the Rule 16 conference for an in-person
proceeding, Magistrate Judge Foster will consider a request to hold the Rule 16 conference
remotely by videoconference (Zoom for Government) or telephone. Requests should be made
by emailing Chambers at
[email protected] before the Rule 26(f) report is
due. Copy all counsel of record and state the reason for the request and whether all counsel agree
to a remote Rule 16 conference.
• When you file the Rule 26(f) report, please email a courtesy copy in Word format to
[email protected].
Informal Dispute Resolution (IDR) and Civil Motion Practice
Meet and Confer
• Except as otherwise specified in Local Rule 7.1(a), the parties must comply with the meet-and-
confer requirement before calling to request a hearing date, filing any motion, or requesting
Informal Dispute Resolution (IDR). This requirement is intended to lead to a meaningful, good
faith exchange of views, and if possible, a full or partial resolution of the issue(s) in dispute. To
satisfy Rule 7.1(a), parties must diligently attempt to resolve their dispute(s) in person, by
videoconference or by telephone. Cursory conversation or exchanges of emails, letters or voice
messages will be considered insufficient.
• If the moving party is unable to meet and confer before filing a motion because the opposing
party was unavailable before the motion due date, the moving party should file a meet-and-confer
statement with the initial motion explaining that the moving party was not able to meet with the
opposing party before filing the motion and the reasons why. The moving party must promptly
meet and confer with the opposing party as soon as possible after filing the motion and file an
amended meet-and-confer statement pursuant to Local Rule 7.1(a)(1)(B).
Unopposed Motions and Stipulations
• Whenever a party seeks relief from the Court, that party should file a motion—as opposed to a
stipulation—even if the parties agree regarding the requested relief. The party requesting relief
may bring an unopposed motion; if both parties seek the relief, the parties may bring a joint
motion. In filing such a motion, the filing party must file: (1) the motion, including a statement
regarding the opposing party’s non-opposition or joinder; (2) a proposed order; and (3)
supporting affidavits or exhibits, if any. The filing party does not need to contact Chambers for
a hearing date and file a notice of hearing unless a hearing is requested and does not need to file
a memorandum or separate meet-and-confer statement. The Court may, at its discretion,
schedule a hearing on any such motion upon reviewing the moving party’s submissions.
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Informal Dispute Resolution
• During the meet-and-confer, the parties must discuss whether to resolve the dispute through
Magistrate Judge Foster’s IDR process. The IDR process is available to resolve non-dispositive
disputes. Typically, when the parties use the IDR process, they do not brief the matter and do
not file declarations or sworn affidavits. IDR offers an efficient means to promptly resolve issues,
but because it is relatively informal, a decision through IDR is not appealable to the District Judge
or the Eighth Circuit. For this reason, all parties with a stake in the disputed issue must agree to
use the IDR process.
If the parties agree to use the IDR process, they must jointly contact Chambers to schedule a
Zoom video conference. Each party will then submit a short letter confirming that the party has
agreed to resolve the dispute through IDR, setting forth the issue(s) to be resolved, and stating
that party’s position. Charts and bullet-point summaries of the issue(s) are encouraged. Unless
otherwise specified by the Court, letter submissions shall be no more than three (3) pages long
and must be emailed to Chambers and all parties at least two (2) business days before the Zoom
video conference.
Obtaining a Motions Hearing or Informal Conference Date
• Unless a motion is unopposed, the moving party must contact Magistrate Judge Foster’s
Chambers at 612-664-5540 to schedule a motions hearing. Counsel for the moving party must
be prepared to describe prior communications with opposing counsel regarding IDR when
calling for a hearing date, unless the moving party was unable to meet-and-confer due to the
opposing party’s unavailability before the motion due date. A hearing date must be
requested before the motion is filed, even if the parties agree that no hearing is
necessary. If the parties agree that a hearing is not necessary, the moving party should include
a statement to that effect in the Notice of Hearing. Judge Foster will determine whether to
cancel the hearing at her discretion or may authorize the moving party to file a Notice of
Hearing indicating a hearing date “to be determined.”
Before scheduling a motions hearing date, the Court, at its discretion, may require the parties to
participate in an informal conference to discuss the dispute and determine whether the issues can
be resolved or narrowed without motion practice.
Before calling Chambers for a hearing date, the moving party should alert all other parties of the
intent to do so. The parties should inform Chambers of all other pending or anticipated motions
so the motions can be heard at the same time. The parties should also inform Chambers of any
related cases with related motions.
• If a hearing date or time must be rescheduled, it is helpful to have counsel for all parties on the
line at the same time so that an effort can be made to avoid potential scheduling conflicts.
• Magistrate Judge Foster may schedule oral argument to be heard telephonically or by Zoom for
Government rather than in person, and Judge Foster will consider requests from the parties for
remote hearings. Counsel should meet and confer regarding any request for a remote hearing.
Requests should be made by emailing
[email protected], copying all counsel
of record, and should state the reason for the request and whether all counsel agree to a remote
hearing.
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Filing Motion Papers
• Once the moving party has secured a hearing date, that party must promptly serve and file the
notice of hearing informing all parties of the nature of the motion and the date, time, and location
of the hearing. The moving party shall serve and file the motion and remaining motion papers in
compliance with the dates prescribed by Local Rule 7.1, unless the Court sets a different briefing
schedule. A party may not call Chambers to secure a hearing date or “hold” a hearing date without
promptly serving and filing a notice of hearing.
• Please do not send paper courtesy copies of filings to Chambers. Parties should email courtesy
copies of proposed orders in Word format to
[email protected].
• If a pending motion is resolved, please notify Chambers as soon as possible so that any scheduled
hearing can be removed from the calendar. If a motion has been partially resolved, please notify
Chambers which parts have been resolved and no longer need to be addressed by the Court. If
time permits, notification should be by joint stipulation, as provided by Local Rule 7.1. A party
seeking to withdraw a motion should file a formal notice of withdrawal on CM/ECF.
• Memoranda, declarations and other filings should refer to the record using citations to the
CM/ECF docket number rather than any other applicable identifier (e.g., title, exhibit number or
bates number).
Hearings
• Magistrate Judge Foster encourages litigants to seek opportunities for newer lawyers to participate
in hearings before the Court, particularly with respect to motions that the newer lawyer made a
significant contribution towards preparing. Judge Foster will make no inferences about the
importance a party places on a particular issue from the experience level of the lawyer chosen to
argue that issue.
• Counsel should refer to the record using citations to the CM/ECF docket number rather than
any other applicable identifier (e.g., title, exhibit number or bates number).
In-Person Hearings
• If you intend to use paper copies of cases, documents, etc., at an in-person hearing, bring
sufficient copies for the Court, the law clerk, and opposing counsel.
• If you intend to use visual aids at an in-person hearing, such as PowerPoint or other presentation
graphics, bring sufficient copies for the Court, the law clerk, and opposing counsel. Magistrate
Judge Foster and her staff are not responsible for the functioning of the courtroom’s technology,
so it is important for you to have a back-up plan if the technology is not available at the hearing.
The copies should reference the case name and case number.
• If you plan to use the courtroom technology, please become familiar with it ahead of time.
Training can be arranged by contacting Magistrate Judge Foster’s Chambers at 612-664-5540 or
[email protected].
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Remote Hearings
• Remote hearings will be held telephonically or using Zoom for Government. Counsel are
responsible for ensuring that they and any participants affiliated with them have tested the
technology and understand how to use it. Before any Zoom video hearing begins, counsel must
review the District’s instructions for participating in a Zoom video conference here:
https://www.mnd.uscourts.gov/sites/mnd/files/Preparing-to-Participate-in-a-Zoom-Video-
Conference.pdf.
• Attorneys who anticipate using presentations, exhibits or demonstratives during a video hearing
should inform Chambers by emailing
[email protected] before the hearing
and copying all counsel of record, so that necessary arrangements can be made to the Zoom
settings. Counsel must deliver PDF copies of any documents they intend to use via email to
Chambers and all counsel of record at least 48 business hours before the hearing is scheduled
to begin.
• Counsel are expected to conduct themselves during a hearing by Zoom for Government in the
same manner they would during an in-person hearing in the courtroom. This includes wearing
appropriate courtroom attire and maintaining courtroom decorum throughout the remote
proceeding.
Settlement Conferences
• Magistrate Judge Foster will consider requests that a settlement conference be held by Zoom for
Government. Counsel should meet and confer regarding a request for a remote settlement
conference. Requests should be made by emailing
[email protected]. Copy
all counsel of record and state the reason for the request and whether all counsel agree to a remote
settlement conference. Judge Foster will determine whether a remote settlement conference is
appropriate for a particular case. If a settlement conference will be held remotely, counsel must
review the District’s instructions for participating in a video proceeding, which are available here:
https://www.mnd.uscourts.gov/sites/mnd/files/Preparing-to-Participate-in-a-Zoom-Video-
Conference.pdf. Counsel are expected to wear courtroom attire and maintain courtroom
decorum throughout the proceeding.
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