(a) Computation of Time Limits.
All time limits imposed by the Local Rules of this Court shall be computed in accordance
with the applicable Federal Rules of Civil Procedure.
(b) Extensions of Time to Answer or Move to Dismiss.
All parties shall strictly comply with all time limits as provided by the Local Rules and the
Federal Rules of Civil Procedure. Where compelling circumstances exist, motions for extension
of time, of not more than fourteen (14) days within which to answer or move to dismiss the
complaint, may be granted by the judge. After consultation with and approval by opposing
counsel, counsel seeking an extension of time for the first time shall, upon oral motion, request
an immediate ruling from the judge. The hearing may be by telephone/video conference or in
person. The judge shall enter or cause the Clerk of Court to enter the ruling on the docket and
no further order will be entered on the motion.
(c) Extension of Time to Respond to Discovery Requests.
Subject to Fed. R. Civ. P. 29, prior to the expiration of the deadline to respond, the
parties may jointly stipulate to an extension of time to:
(1) answer or object to interrogatories under Fed. R. Civ. P. 31 or Fed R. Civ. P.
33;
(2) respond to requests for production or for inspection under Fed. R. Civ. P. 34;
(3) respond to requests for admission under Fed. R. Civ. P. 36.
The written stipulation shall set forth the specific date upon which responses shall be
due. No further action or Court order will be required. Where counsel for all parties are unable,
after consultation, to stipulate to an extension of time, a written motion may be granted by the
judge when compelling circumstances exist. Counsel seeking an extension of time shall advise
the Court of any prior extensions and the nature of any objections to the requested
extension. The Court may conduct a hearing on the motion by telephone/video conference or
in person. The judge shall enter or cause the Clerk of Court to enter the ruling on the docket
and no further order will be entered on the motion.
(d) Extensions of Time Generally.
All other request for continuances or extensions of time under these rules or the Federal
Rules of Civil Procedure shall be presented to the Court by written motion including a proposed
order.
(e) Motion for Extension of Time.
Counsel seeking any extension of time shall advise the Court of any prior requests or
extensions, the nature of any objections, and provide a date certain for the requested extension
of time.
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III. PLEADINGS AND 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
8 January 2022
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
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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.
10 January 2022
Rule 8.1. EXCLUSION OF CERTAIN PERSONAL DATA FROM FILINGS
In compliance with the policy of the Judicial Conference of the United States and the E-
Government Act of 2002, and in order to promote the electronic access to case files while
protecting personal privacy and other legitimate interests, parties shall refrain from including, or
shall redact, where inclusion is necessary, the following personal data identifiers from their
filings, including exhibits unless otherwise ordered by the Court.
• Social Security Numbers. If an individual’s social security number must be included,
only the last four digits of that number should be provided.
• Taxpayer Identification Numbers. If a taxpayer identification number must be
included, only the last four digits of that number should be used.
• Names of Minor Children. If the involvement of a minor child must be mentioned,
only the initials of that child should be used.
• Dates of Birth. If an individual’s date of birth must be included, only the year of
birth should be used.
• Financial Account Numbers. If a financial account number is relevant, only the last
four digits of such numbers should be used.
The responsibility for redacting personal data identifiers rests solely with counsel and
persons filing the documents with the Court. The Clerk of Court’s Office will not review
submissions for compliance with this rule.
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