Judge Laura D. Hatcher
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Within 1 Hour
- Within One Hour of Efiling
Letter, Brief, Brief Supporting Document, Sealed Filing
- 2 copies
Letter, Brief, Document Filed in Support of Brief
- 2 copies
Proposed Final Pretrial Order, Attachments
- 2 copies
Communication
Chambers
Page & Word Limits18 rules
The discovery-dispute letter may not exceed three pages.
- Page limit
- Up to 3 pages
- Discovery dispute letter
Court's wording
On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues.
An opposition letter filed under this procedure may not exceed three pages.
- Opposition letter
- Up to 3 pages
Court's wording
less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.
Claim-construction briefs are limited to 20 pages for the Plaintiff's opening and reply briefs, 30 pages for the Defendant's answering brief, and 10 pages for the Defendant's sur-reply.
- Plaintiff opening brief
- Up to 20 pages
- Defendant answering brief
- Up to 30 pages
- Plaintiff reply brief
- Up to 20 pages
- Defendant sur-reply brief
- Up to 10 pages
Court's wording
The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on ________, 202_. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on ________, 202_. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on ________, 202_. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on ________, 202_.
The moving party's concise statement and the opposing party's response are each limited to six pages.
- Moving party concise statement of facts
- Up to 6 pages
- Response to moving party concise statement
- Up to 6 pages
Court's wording
Any motion for summary judgment shall be accompanied by a separate concise statement of facts, not to exceed six pages, which details each material fact that the moving party contends is essential for the Court's resolution of the summary judgment motion (not the entire case) and as to which the moving party contends there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record. Any party opposing the motion shall include with its opposing papers a response to the moving party's concise statement, not to exceed six pages, which admits or disputes the facts set forth in the moving party's concise statement on a paragraph-by-paragraph basis. To the extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record. Failure to respond to a fact presented in the moving party's concise statement of facts shall indicate that fact is not in dispute for purposes of summary judgment.
For case-dispositive motions, each side is limited to 40 combined pages of opening briefs, 40 of answering briefs, and 20 of reply briefs, regardless of the number of motions.
- Opening brief
- Up to 40 pages in total per side
- Answering brief
- Up to 40 pages in total per side
- Reply brief
- Up to 20 pages in total
- Case dispositive motions
Court's wording
Each party is permitted to file as many case dispositive motions as desired provided, however, that each side will be limited to a combined total of 40 pages for all opening briefs, a combined total of 40 pages for all answering briefs, and a combined total of 20 pages for all reply briefs regardless of the number of case dispositive motions that are filed.
party opposing the motion may also include with its opposing papers a separate concise statement, not to exceed four pages, which sets forth material facts as to which the opposing party contends there is a genuine issue to be tried.
- Concise statement
- Up to 4 pages
The moving party shall include with its reply papers a response to the opposing party's concise statement of facts, not to exceed four pages, on a paragraph-by-paragraph basis.
- Reply concise statement response
- Up to 4 pages
When a party files both a case-dispositive motion and a Daubert motion, each side may use 50 combined pages for opening briefs, 50 for answering briefs, and 25 for reply briefs across those motions.
Court's wording
In the event that a party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert's testimony, the total amount of pages permitted for all case dispositive and Daubert motions shall be increased to 50 pages for all opening briefs, 50 pages for all answering briefs, and 25 pages for all reply briefs for each side.
Each in limine request allows up to three pages of supporting argument, three pages of opposition, and one page of reply.
- In limine supporting argument
- Up to 3 pages
- In limine opposition
- Up to 3 pages
- In limine motions
Court's wording
Each in limine request may be supported by a maximum of three pages of argument, may be opposed by a maximum of three pages of argument, and the side making the in limine request may add a maximum of one additional page in reply in support of its request.
If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three-page submission (and, if the moving party, a single one-page reply), unless otherwise ordered by the Court.
[For non-ANDA cases] Unless otherwise ordered by the Court, all sides are limited to a maximum of 20 pages of opening briefs, 20 pages of answering briefs, and 10 pages of reply briefs relating to any post-trial motions filed by the side, no matter how many such motions are filed.
- Opening brief
- Up to 20 pages
- Answering brief
- Up to 20 pages
- Reply brief
- Up to 10 pages
- Post-trial motions
The moving and opposing letters for a discovery dispute are each limited to three pages.
- Opposition letter
- Up to 3 pages
Court's wording
On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues. This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute. On the date set by court order, generally not less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.
A summary-judgment motion must include a separate concise statement of facts limited to six pages.
- Concise statement of facts
- Up to 6 pages
- Summary judgment motions
Court's wording
Any motion for summary judgment shall be accompanied by a separate concise statement of facts, not to exceed six pages, which details each material fact that the moving party contends is essential for the Court's resolution of the summary judgment motion (not the entire case) and as to which the moving party contends there is no genuine issue to be tried.
An opposing party must include a response to the moving party’s concise statement, limited to six pages, addressing facts paragraph by paragraph.
- Response to concise statement
- Up to 6 pages
- Summary judgment motions
Court's wording
Any party opposing the motion shall include with its opposing papers a response to the moving party's concise statement, not to exceed six pages, which admits or disputes the facts set forth in the moving party's concise statement on a paragraph-by-paragraph basis.
If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three-page submission (and, if the moving party, a single one-page reply), unless otherwise ordered by
In limine argument is limited to three pages in support, three pages in opposition, and one page in reply.
- In limine supporting argument
- Up to 3 pages
- In limine opposition argument
- Up to 3 pages
Court's wording
the authorities relied upon; each in limine request may be supported by a maximum of three pages of argument, may be opposed by a maximum of three pages of argument, and the side making the in limine request may add a maximum of one additional page in reply in support of its request.
The moving party shall include with its reply papers a response to the opposing party's concise statement of facts, not to exceed four pages, on a paragraph-by-paragraph basis.
- Reply response to concise statement
- Up to 4 pages
- Summary judgment motions
The opposing party may submit a separate concise statement of genuinely disputed material facts, limited to four pages.
- Opposing concise statement of facts
- Up to 4 pages
- Summary judgment motions
Court's wording
The party opposing the motion may also include with its opposing papers a separate concise statement, not to exceed four pages, which sets forth material facts as to which the opposing party contends there is a genuine issue to be tried.
Document Format Requirements11 rules
The discovery-dispute letter must use 12-point font.
- Font size
- 12 points
- Discovery dispute letter
Court's wording
On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues.
Letters submitted by the party seeking relief and any opposing party must use 12-point font.
- Font size
- 12 points
- Letter
Court's wording
On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues. On the date set by court order, generally not less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.
The parties shall simultaneously submit the documents in Word format via email to the trial judge's staff at ldh_civil@ded.uscourts.gov.
Formatting
- •The documents must be submitted in Word format
The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered.
- Proposed final pretrial order
Formatting
- •The paragraphs shall be numbered
The parties should highlight the portions of the exhibits and attachments that they wish the Court to read.
Where possible, the parties are encouraged to excerpt voluminous documents that are included as exhibits or attachments.
An opposition letter filed under this procedure must use 12-point font.
- Font size
- 12 points
- Opposition letter
Court's wording
less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.
The Joint Claim Construction Chart, in Word format, should be emailed simultaneously with filing to Magistrate Judge Hatcher's chambers at ldh_civil@ded.uscourts.gov.
The parties shall simultaneously submit the documents in Word format via email to the trial judge's staff at ldh_civil@ded.uscourts.gov.
The parties should highlight the portions of the exhibits and attachments that they wish the Court to read.
Where possible, the parties are encouraged to excerpt voluminous documents that are included as exhibits or attachments.
Document Filing Requirements50 rules
Unless the parties agree otherwise, they must make initial disclosures within five days after the Court enters the Order.
Court's wording
Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l) within five (5) days of the date the Court enters this Order.
Any proposed protective order must include the specified paragraph concerning disclosure of information in other proceedings.
Court's wording
Any proposed protective order must include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that information may be relevant and subject to disclosure in another case. Any person or party subject to this order who becomes subject to a motion to disclose another party's information designated "confidential" [the parties should list any other level of designation, such as "highly confidential," which may be provided for in the protective order] pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.
A transcript sealing or redaction motion must include a highlighted complete transcript and a copy of the proposed redacted or sealed transcript.
Court's wording
Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript.
Along with the submission of the expert reports, the parties shall advise of the dates and times of their experts' availability for deposition.
No other expert reports will be permitted without either the consent of all parties or leave of the Court.
The submission must outline the disputed issues and the moving party’s position, include a proposed order as an exhibit, and, when applicable, attach the discovery requests and responses at issue.
- Document
- Discovery dispute letter
Must include
- •Proposed order
Court's wording
On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues. This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute.
On ________, 202_, the parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and their proposed claim construction of those term(s)/phrase(s).
Any motion to strike shall attach the document sought to be stricken.
Any motion to amend shall attach the proposed amended pleading as a well as a redline comparison to the prior pleading.
Intrinsic evidence and patent copies must not be attached to the chart; the joint appendix with the joint brief must contain those materials and any additional evidence cited in the briefing.
Court's wording
Intrinsic evidence (including copies of the patent(s) at issue) shall NOT be attached to the joint claim construction chart and, instead, the parties shall include a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy of the patent(s) at issue and portions of all relevant intrinsic evidence that would have otherwise been included with the joint claim construction chart, as well as any additional evidence cited in the parties' briefing.
The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.
If there are any materials that would be submitted in an appendix, the parties shall file them in a joint appendix.
The parties must submit a joint letter by the Joint Claim Construction Brief due date addressing testimony, requested hearing time, and presentation order.
Court's wording
The parties shall notify the Court, by joint letter submission, no later than the date on which the Joint Claim Construction Brief is due: (i) whether they request leave to present testimony at the hearing; (ii) the amount of time they are requesting be allocated to them for the hearing; and (iii) the order in which they intend to present the claim terms at issue, including which side will present first for each term.
On ______, 202_, counsel shall file a joint letter with the Court with an interim report on the nature of the matters in issue and the progress of discovery to date.
Absent agreement among the parties, and approval of the Court, no later than __________, 202_, the parties must finally supplement, *inter alia*, the identification of all accused products and of all invalidity references.
An opposing party must respond paragraph by paragraph to the moving party's concise statement and support each disputed fact with specific record citations.
Court's wording
Any party opposing the motion shall include with its opposing papers a response to the moving party's concise statement, not to exceed six pages, which admits or disputes the facts set forth in the moving party's concise statement on a paragraph-by-paragraph basis. To the extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record.
A summary judgment motion must include a separate concise statement identifying essential, undisputed material facts, each in a numbered paragraph with record citations.
Court's wording
Any motion for summary judgment shall be accompanied by a separate concise statement of facts, not to exceed six pages, which details each material fact that the moving party contends is essential for the Court's resolution of the summary judgment motion (not the entire case) and as to which the moving party contends there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
Except as otherwise specified herein, any application to the Court shall be by written motion.
The moving party shall include with its reply papers a response to the opposing party's concise statement of facts, not to exceed four pages, on a paragraph-by-paragraph basis.
Each fact asserted by the opposing party shall also be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered.
- Document
- Proposed final pretrial order
Must include
- •Table of contents
At the same time, the parties shall file a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file.
Within seven days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly file a form of order to enter judgment on the verdict.
Counsel should submit an agreed proposed form of protective order to the Court when seeking that order.
Court's wording
Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date the Court enters this Order.
Any proposed protective order must include the specified “Other Proceedings” paragraph.
Court's wording
Any proposed protective order must include the following paragraph: Other Proceedings. By entering this order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that information may be relevant and subject to disclosure in another case. Any person or party subject to this order who becomes subject to a motion to disclose another party's information designated "confidential" [the parties should list any other level of designation, such as "highly confidential," which may be provided for in the protective order] pursuant to this order shall promptly notify that party of the motion so that the party may have an opportunity to appear and be heard on whether that information should be disclosed.
The motion to seal or redact a transcript must include a highlighted complete transcript, a proposed redacted or sealed transcript, and the required showing of good cause and serious injury.
Court's wording
Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosures of the redacted material would work a clearly defined and serious injury to the party seeking redaction.
Along with the submission of the expert reports, the parties shall advise of the dates and times of their experts' availability for deposition.
On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues. This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute.
- Document
- Letter
Must include
- •Proposed order
Any motion to amend shall attach the proposed amended pleading as a well as a redline comparison to the prior pleading.
An opposing party's letter must outline that party's reasons for opposing the requested relief.
Court's wording
On the date set by court order, generally not less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.
Any motion to strike shall attach the document sought to be stricken.
The separate concise statement must set out each material fact in its own numbered paragraph and support it with specific record citations.
Court's wording
Any motion for summary judgment shall be accompanied by a separate concise statement of facts, not to exceed six pages, which details each material fact that the moving party contends is essential for the Court's resolution of the summary judgment motion (not the entire case) and as to which the moving party contends there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph and shall be supported by specific citation(s) to the record.
On ________, 202_, counsel shall file a joint letter with the Court with an interim report on the nature of the matters in issue and the progress of discovery to date.
The opposing response must admit or dispute each fact paragraph by paragraph and cite the record for any disputed fact.
Court's wording
Any party opposing the motion shall include with its opposing papers a response to the moving party's concise statement, not to exceed six pages, which admits or disputes the facts set forth in the moving party's concise statement on a paragraph-by-paragraph basis. To the extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record.
The moving party shall include with its reply papers a response to the opposing party's concise statement of facts, not to exceed four pages, on a paragraph-by-paragraph basis.
Each side shall be limited to three in limine requests, unless otherwise permitted by the Court. The in limine request and any response shall contain the authorities relied upon;
Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
Except as otherwise specified herein, any application to the Court shall be by written motion.
The proposed final pretrial order shall contain a table of contents and the paragraphs shall be numbered.
- Document
- Proposed final pretrial order
Must include
- •Table of contents
# [Counsel Shall Provide a Chart of All Relevant Deadlines]
Filing & Service rules
Electronic Filing Rules
A redacted version of a sealed document must be filed electronically within seven days after the sealed document is filed.
In accordance with section G of the Revised Administrative Procedures Governing File and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
Civil cases
Page 2 | 4. Papers Filed Under Seal
The claim-construction term list must not be filed with the Court.
This document will not be filed with the Court.
Civil cases
Page 7 | 10. Claim Construction Issue Identification
A redacted version of each sealed document must be filed electronically within seven days after the sealed document is filed.
In accordance with section G of the Revised Administrative Procedures Governing File and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
Civil cases
Page 2 | Papers and Proceedings Under Seal
Filing Timing and Cure Windows
Motions to join parties or amend or supplement pleadings must be filed by the date to be specified in the Order.
All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before ________, 202_.
Civil cases
Page 1 | 2. Joinder of Other Parties and Amendment of Pleadings
Counsel should submit the proposed protective order to the Court within ten days after the Court enters the Order.
Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date the Court enters this Order.
Civil cases
Page 1 | 3. Application to Court for Protective Order
A party seeking sealing or redaction of a transcript must promptly file a motion after transcript completion with a highlighted complete transcript and a proposed redacted or sealed transcript attached.
Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript.
Civil cases
Page 2 | 4. Papers Filed Under Seal
The redacted version must be filed within seven days after the sealed document is filed.
In accordance with section G of the Revised Administrative Procedures Governing File and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
Civil cases
Page 2 | 4. Papers Filed Under Seal
In non-ANDA cases, a Daubert objection must be raised by motion no later than the dispositive-motion deadline unless the Court orders otherwise.
[For non-ANDA cases] To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.
Civil cases
Page 5 | f. Disclosure of Expert Testimony
In ANDA cases, a Daubert objection must be raised by motion no later than 14 days after expert discovery closes unless the Court orders otherwise.
[For ANDA cases] To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than fourteen days after the close of expert discovery, unless otherwise ordered by the Court.
Civil cases
Page 6 | f. Disclosure of Expert Testimony
The party seeking relief must file its dispute letter on the court-ordered date, generally at least 72 hours before the conference, excluding weekends and holidays.
On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues.
Civil cases
Page 6 | g. Discovery Matters and Disputes Relating to Protective Orders
Technology tutorials must be submitted no later than the date the Joint Claim Construction Brief is filed.
Technology tutorials shall be submitted on or before the date that the Joint Claim Construction Brief is filed.
Civil cases
Page 7 | 9. Technology Tutorials
The Joint Claim Construction Chart must be submitted two weeks before service of the opening claim-construction brief.
Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be submitted two weeks prior to service of the opening claim construction brief.
Civil cases
Page 7 | 10. Claim Construction Issue Identification
The parties must file the Joint Claim Construction Brief by the specified date.
No later than ________, 202_, the parties shall file a Joint Claim Construction Brief.
Civil cases
Page 8 | 11. Claim Construction Briefing
The joint claim-construction letter is due no later than the Joint Claim Construction Brief due date.
The parties shall notify the Court, by joint letter submission, no later than the date on which the Joint Claim Construction Brief is due: (i) whether they request leave to present testimony at the hearing; (ii) the amount of time they are requesting be allocated to them for the hearing; and (iii) the order in which they intend to present the claim terms at issue, including which side will present first for each term.
Civil cases
Page 9 | Hearing on Claim Construction
Counsel must file the interim status letter on the date specified in the order.
On ______, 202_, counsel shall file a joint letter with the Court with an interim report on the nature of the matters in issue and the progress of discovery to date.
Civil cases
Page 9 | Interim Status Report
A Rule 56 case-dispositive motion may not be filed more than ten days before the specified deadline without Court leave.
No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court.
Civil cases
Page 10 | 4. Case Dispositive Motions
In non-ANDA cases, case-dispositive motions, opening briefs, and supporting affidavits must be filed by the specified date, approximately four months before the pretrial conference.
[Non-ANDA cases] a. All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be filed on or before __________, 202_ [a date approximately 4 months prior to the pretrial conference, calculated from the filing of the reply brief].
Civil cases
Page 10 | 4. Case Dispositive Motions
The parties must complete final supplementation by the date specified in the order unless they agree otherwise and obtain Court approval.
Absent agreement among the parties, and approval of the Court, no later than __________, 202_, the parties must finally supplement, *inter alia*, the identification of all accused products and of all invalidity references.
Civil cases
Page 10 | Supplementation
The parties must file a joint proposed final pretrial order complying with Local Rule 16.3(c) and the Court's civil-case procedures at least seven days before the pretrial conference.
The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) and the Court's Preferences and Procedures for Civil Cases not later than seven days before the pretrial conference.
Civil cases
Page 12 | 7. Pretrial Conference
Unless the Court orders otherwise, the parties must follow Local Rule 16.3(d)(1)–(3) timeframes when preparing the joint proposed final pretrial order.
Unless otherwise ordered by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d)(1)-(3) for the preparation of the joint proposed final pretrial order.
Civil cases
Page 12 | 7. Pretrial Conference
The parties must jointly file the judgment order within seven days after the verdict and file the joint status report at the same time.
Within seven days after a jury returns a verdict in any portion of a jury trial, the parties shall jointly file a form of order to enter judgment on the verdict. At the same time, the parties shall file a joint status report, indicating among other things how the case should proceed and listing any post-trial motions each party intends to file.
Civil cases
Page 13 | 10. Judgment on Verdict and Post-Trial Status Report
If counsel seeks a protective order and agrees on its form, counsel should submit the proposed order within ten days after entry of the Order.
Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date the Court enters this Order.
Civil cases
Page 1 | Application to Court for Protective Order
Motions to join parties or amend or supplement pleadings must be filed by the date to be specified in the Order.
All motions to join other parties, and to amend or supplement the pleadings, shall be filed on or before ________, 202_.
Civil cases
Page 1 | Joinder of Other Parties and Amendment of Pleadings
Unless the parties agree otherwise, they must make their Rule 26(a)(1) initial disclosures within five days after entry of the Order.
Unless otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five days of the date the Court enters this Order.
Civil cases
Page 1 | Rule 26(a)(1) Initial Disclosure and E-Discovery Default Standard
The redacted version of a sealed document is due within seven days after the sealed document is filed.
In accordance with section G of the Revised Administrative Procedures Governing File and Service by Electronic Means, a redacted version of any sealed document shall be filed electronically within seven days of the filing of the sealed document.
Civil cases
Page 2 | Papers and Proceedings Under Seal
A motion to seal or redact a transcript must be filed promptly after the transcript is completed.
Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript.
Civil cases
Page 2 | Papers and Proceedings Under Seal
A Daubert objection to expert testimony must be raised by motion no later than the dispositive-motion deadline, unless the Court orders otherwise.
To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by motion no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the Court.
Civil cases
Page 5 | Objections to Expert Testimony
On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues.
On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues.
Civil cases
Page 6 | Discovery Matters and Disputes Relating to Protective Orders
An opposing party may file a letter stating its reasons for opposition on the court-ordered date, generally at least 48 hours before the conference, excluding weekends and holidays.
On the date set by court order, generally not less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.
Civil cases
Page 6 | Discovery Matters and Disputes Relating to Protective Orders
Counsel must file the joint interim status report on the date specified in the order.
On ________, 202_, counsel shall file a joint letter with the Court with an interim report on the nature of the matters in issue and the progress of discovery to date.
Civil cases
Page 7 | Interim Status Report
Case-dispositive motions, supporting opening briefs, and any supporting affidavits must be served and filed by the specified date.
All case dispositive motions, opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ________, 2020_ [calculated so that briefing is completed approximately four months prior to the pretrial conference].
Civil cases
Page 7 | Case Dispositive Motions
Unless the Court orders otherwise, the parties must follow Local Rule 16.3(d)(1)–(3) timeframes when preparing the joint proposed final pretrial order.
Unless otherwise ordered by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d)(1)-(3) for the preparation of the joint proposed final pretrial order.
Civil cases
Page 9 | 12. Pretrial Conference
The parties must file the joint proposed final pretrial order no later than seven days before the pretrial conference.
The parties shall file with the Court the joint proposed final pretrial order in compliance with Local Rule 16.3(c) not later than seven days before the pretrial conference.
Civil cases
Page 9 | 12. Pretrial Conference
A Rule 56 motion may not be filed more than ten days before the case-dispositive-motion date unless the Court grants leave.
No case dispositive motion under Rule 56 may be filed more than ten days before the above date without leave of the Court.
Civil cases
Page 7 | Case Dispositive Motions
In jury cases, the parties should file proposed voir dire, preliminary and final jury instructions, and special verdict forms seven days before the pretrial conference.
Where a case is to be tried to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1 the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms seven days before the pretrial conference.
Civil cases
Page 9 | 13. Jury Instructions, Voir Dire, and Special Verdict Forms
Service and Proof of Service Rules
The parties must serve, but not individually file, their claim-construction briefs; the page limits are 20 pages for the Plaintiff's opening and reply briefs, 30 pages for the Defendant's answering brief, and 10 pages for the Defendant's sur-reply.
The Plaintiff shall serve, but not file, its opening brief, not to exceed 20 pages, on ________, 202_. The Defendant shall serve, but not file, its answering brief, not to exceed 30 pages, on ________, 202_. The Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on ________, 202_. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10 pages, on ________, 202_.
Civil cases
Page 8 | 11. Claim Construction Briefing
Case-dispositive motions, supporting opening briefs, and any supporting affidavits must be served by the specified date.
All case dispositive motions, opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before ________, 2020_ [calculated so that briefing is completed approximately four months prior to the pretrial conference].
Civil cases
Page 7 | Case Dispositive Motions
Courtesy Copy Requirements
The parties must provide the Court two courtesy copies of letters, briefs, documents supporting briefs, and papers filed under seal.
The parties shall provide to the Court two courtesy copies of all letters, briefs, and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers filed under seal.
Civil cases
Page 2 | 5. Courtesy Copies
Exhibits and attachments must be separated by tabs.
Exhibits and attachments shall be separated by tabs.
Civil cases
Page 3 | 5. Courtesy Copies
Courtesy copies must be double-sided.
courtesy copies shall be double-sided.
Civil cases
Page 3 | 5. Courtesy Copies
Courtesy copies must be submitted within one hour after e-filing.
Courtesy copies shall be submitted within one hour of e-filing. See Paragraph 5.
Civil cases
Page 7 | 7. Discovery
The parties must provide the Court two double-sided courtesy copies of the joint proposed final pretrial order and its attachments.
The parties shall provide the Court two double-sided courtesy copies of the joint proposed final pretrial order and all attachments.
Civil cases
Page 12 | 7. Pretrial Conference
The parties must provide the Court two courtesy copies of letters, briefs, and documents filed in support of briefs; the source excerpt ends during an example.
The parties shall provide to the Court two courtesy copies of all letters, briefs, and any other document filed in support of any briefs (i.e., appendices,
Civil cases
Page 2 | Courtesy Copies
Courtesy copies must be double-sided, with exhibits and attachments separated by tabs.
All courtesy copies shall be double-sided. Exhibits and attachments shall be separated by tabs.
Civil cases
Page 3 | Courtesy Copies
Courtesy copies must be submitted within one hour after e-filing.
Courtesy copies shall be submitted within one hour of e-filing. See Paragraph 5.
Civil cases
Page 6 | Discovery Matters and Disputes Relating to Protective Orders
The parties must provide the Court two double-sided courtesy copies of the joint proposed final pretrial order and its attachments.
The parties shall provide the Court two double-sided courtesy copies of the joint proposed final pretrial order and all attachments.
Civil cases
Page 9 | 12. Pretrial Conference
Sealing & Redaction Procedures
A party seeking transcript redactions must show good cause and that disclosure would cause clearly defined and serious injury.
With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosures of the redacted material would work a clearly defined and serious injury to the party seeking redaction.
Civil cases
Page 2 | 4. Papers Filed Under Seal
Absent a protective order, any party who wishes to file a document under seal must seek leave of Court to do so.
Absent a protective order, any party who wishes to file a document under seal must seek leave of Court to do so.
Civil cases
Page 2 | 4. Papers Filed Under Seal
A party wishing to file a document under seal must seek the Court’s leave unless a protective order applies.
Absent a protective order, any party who wishes to file a document under seal must seek leave of Court to do so.
Civil cases
Page 2 | Papers and Proceedings Under Seal
A party seeking to seal or redact a transcript must promptly file a motion after the transcript is completed and support it with the specified transcript copies and showing.
Should any party subsequently choose to make a request for sealing or redaction, it must, promptly after the completion of the transcript, file with the Court a motion for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the proposed redacted/sealed transcript. With their request, the party seeking redactions must demonstrate why there is good cause for the redactions and why disclosures of the redacted material would work a clearly defined and serious injury to the party seeking redaction.
Civil cases
Page 2 | Papers and Proceedings Under Seal
A party intending to request sealing or redaction of a proceeding transcript should state that intent at the start of the proceeding.
Should any party intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a teleconference), such party should expressly note that intent at the start of the court proceeding.
Civil cases
Page 2 | 4. Papers Filed Under Seal
Filing Bundling Requirements
The parties must combine their previously unfiled briefs into one Joint Claim Construction Brief, presenting positions on each claim term in sequence, and file it by the specified date.
No later than ________, 202_, the parties shall file a Joint Claim Construction Brief. The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order, in substantially the form below.
Civil cases
Page 8 | 11. Claim Construction Briefing
Motions in limine must not be filed separately; their requests and responses must be included in the proposed pretrial order.
Motions in limine shall not be separately filed. All in limine requests and responses thereto shall be set forth in the proposed pretrial order.
Civil cases
Page 11 | 6. Motions in Limine
Separate briefing on in limine requests is prohibited unless the Court permits it.
No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
Civil cases
Page 12 | 6. Motions in Limine
Multiple parties supporting or opposing an in limine request must combine their papers into a single submission, with one combined reply when applicable.
If more than one party is supporting or opposing an in limine request, such support or opposition shall be combined in a single three-page submission (and, if the moving party, a single one-page reply), unless otherwise ordered by the Court.
Civil cases
Page 12 | 6. Motions in Limine
Separate briefing on in limine requests is prohibited unless the Court permits it.
No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
Civil cases
Page 9
Pre-Motion Conference Requirements
Before seeking court relief on a discovery or protective-order dispute, counsel must make good-faith efforts that include verbal communication; the moving party should then seek a teleconference, and the Court will set a conference and submission deadlines.
i. Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. ii. Should counsel find, after good faith efforts – which must include verbal communication among Delaware and lead counsel for all parties to the dispute – that they are unable to resolve a discovery matter or a dispute regarding a protective order, the moving party (i.e., the party seeking relief from the Court) should file a “Motion for Teleconference To Resolve [Discovery/Protective Order] Disputes.” The suggested text for this motion can be found in Magistrate Judge Hatcher’s section of the Court’s website, in the “Forms” tab. iii. The Court will thereafter order a telephone conference and deadlines for submissions. On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues.
Civil cases
Page 6 | g. Discovery Matters and Disputes Relating to Protective Orders
Motions to amend pleadings and motions to strike pleadings must follow the discovery dispute procedure in Paragraph 6(g).
Any motion to amend (including a motion for leave to amend) a pleading, or any motion to strike any pleading shall be made pursuant to the discovery dispute procedure set forth in Paragraph 6(g), above.
Civil cases
Page 7 | 8. Motions to Amend or Strike
After exchanging the term list, the parties must meet and confer to prepare a Joint Claim Construction Chart for submission two weeks before service of the opening claim-construction brief.
Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be submitted two weeks prior to service of the opening claim construction brief.
Civil cases
Page 7 | 10. Claim Construction Issue Identification
Before seeking a protective order, counsel should confer and try to agree on a proposed order; if they cannot agree, they must follow Paragraph 6(g).
Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date the Court enters this Order. Should counsel be unable to reach an agreement on a proposed form of order, counsel must follow the provisions of Paragraph 6(g), below.
Civil cases
Page 1 | Application to Court for Protective Order
A discovery motion filed without compliance with the specified procedures will be denied without prejudice to renewal.
Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures.
Civil cases
Page 5 | Discovery Matters and Disputes Relating to Protective Orders
After unsuccessful good-faith efforts that include verbal communication among Delaware and lead counsel for all parties, the party seeking relief should file a motion for a teleconference to resolve the discovery or protective-order dispute.
Should counsel find, after good faith efforts – which must include verbal communication among Delaware and lead counsel for all parties to the dispute – that they are unable to resolve a discovery matter or a dispute regarding a protective order, the moving party (i.e., the party seeking relief from the Court) should file a “Motion for Teleconference To Resolve [Discovery/Protective Order] Disputes.”
Civil cases
Page 5 | Discovery Matters and Disputes Relating to Protective Orders
Motions to amend or strike a pleading must follow the discovery-dispute procedure in Paragraph 6(g).
Any motion to amend (including a motion for leave to amend) a pleading, or any motion to strike any pleading shall be made pursuant to the discovery dispute procedure set forth in Paragraph 6(g), above.
Civil cases
Page 6 | Motions to Amend or Strike
Before seeking a protective order, counsel should confer and try to agree on a proposed order.
Should counsel find it will be necessary to apply to the Court for a protective order specifying terms and conditions for the disclosure of confidential information, counsel should confer and attempt to reach an agreement on a proposed form of order and submit it to the Court within ten days from the date the Court enters this Order.
Civil cases
Page 1 | 3. Application to Court for Protective Order
The Court may order further briefing after the conference or resolve the dispute beforehand and cancel the conference.
Should the Court find further briefing necessary upon conclusion of the conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the conference and will, in that event, cancel the conference.
Civil cases
Page 7 | 7. Discovery
less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.
less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition.
Civil cases
Page 7 | 7. Discovery
The Court may order further briefing after the conference or resolve the dispute beforehand and cancel the conference.
Should the Court find further briefing necessary upon conclusion of the conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the conference and will, in that event, cancel the conference.
Civil cases
Page 6 | Discovery Matters and Disputes Relating to Protective Orders
The Court will order a telephone conference and submission deadlines, but may resolve the dispute before the conference and cancel it.
The Court will thereafter order a telephone conference and deadlines for submissions. On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues. This submission shall include: (1) a proposed order, attached as an exhibit, setting out the nature of the relief requested; and (2) to the extent that the dispute relates to responses to certain discovery requests, an attached exhibit (or exhibits) containing the requests and the responses in dispute. On the date set by court order, generally not less than forty-eight hours prior to the conference (excluding weekends and holidays), any party opposing the application for relief may file a letter, not to exceed three pages, in 12-point font, outlining that party's reasons for its opposition. The Court will thereafter order a telephone conference and deadlines for submissions. On the date set by court order, generally not less than seventy-two hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file with the Court a letter, not to exceed three pages, in 12-point font, outlining the issues in dispute and its position on those issues.
Civil cases
Page 6 | Discovery Matters and Disputes Relating to Protective Orders
Chambers Communication Rules
The parties must simultaneously email the documents in Word format to the trial judge's staff.
The parties shall simultaneously submit the documents in Word format via email to the trial judge's staff at ldh_civil@ded.uscourts.gov.
Civil cases
Page 13 | Pretrial conference
The parties must email the jury-trial documents simultaneously to the trial judge's staff at the specified address.
The parties shall simultaneously submit the documents in Word format via email to the trial judge's staff at ldh_civil@ded.uscourts.gov.
Civil cases
Page 9 | 13. Jury Instructions, Voir Dire, and Special Verdict Forms
The Joint Claim Construction Chart, in Word format, should be emailed simultaneously with filing to Magistrate Judge Hatcher's chambers at ldh_civil@ded.uscourts.gov.
The Joint Claim Construction Chart, in Word format, should be emailed simultaneously with filing to Magistrate Judge Hatcher's chambers at ldh_civil@ded.uscourts.gov.
Civil cases
Page 8 | 10. Claim Construction Issue Identification