District of Delaware Pre-Motion Conference Requirements

CRITICAL

An opposing party must respond by letter, limited to five pages, within 48 hours after receiving the moving party’s letter.

Any party opposing the request for relief shall respond by letter, not to exceed five (5) pages in length, in like fashion, no later than forty-eight (48) hours following receipt of the moving party’s letter.

CRITICAL

A party seeking relief over an unresolved discovery matter must file and deliver to chambers a letter of no more than five pages outlining the disputed issues and its position, in lieu of a formal motion.

The party seeking relief from the Court shall file, and deliver to chambers, a letter, not to exceed five (5) pages, in lieu of a formal motion, outlining the issues in dispute and its position on those issues.

CRITICALProposed or draft document; may not be in force

After complying with Local Rule 7026-1(a)'s meet-and-confer obligations, parties may use docketed letters instead of formal motion papers for the listed discovery and case-administration matters.

Should counsel find, after complying with the meet-and-confer obligations set forth in Local Rule 7026-1(a), that a motion to compel discovery, a motion for a protective order, or a motion related to scheduling or other case administration matters needs to be brought to the Court, the parties may submit letters (by filing them on the docket), not to exceed five pages, in lieu of formal motion papers.

CRITICALProposed or draft document; may not be in force

Counsel must wait until an order shortening time is entered before setting a motion for hearing on a date requiring shortened notice.

Counsel may not set a motion for hearing, on a date that would require shortened notice, before an order shortening time is entered.

CRITICAL

After complying with Local Rule 7026-1(a)’s meet-and-confer obligations, parties may file letters instead of formal motion papers for specified discovery and case-administration matters.

Should counsel find, after complying with the meet-and-confer obligations set forth in Local Rule 7026-1(a), that a motion to compel discovery, a motion for a protective order, or a motion related to scheduling or other case administration matters needs to be brought to the Court, the parties may submit letters (by filing them on the docket), not to exceed five pages, in lieu of formal motion papers.

CRITICALCivil cases

An opposing party may file a letter explaining its opposition no later than 48 hours before the conference or argument.

By no later than 48 hours prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's reasons for its opposition.

CRITICALCivil cases

Unless otherwise ordered, the party seeking relief must file a letter of no more than three pages at least 72 hours before the conference, and an opposing party may file a letter of no more than three pages at least 48 hours before it.

(a) Unless otherwise ordered, by no later than 72 hours prior to the conference/argument, the party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and the party's position on those issues. The party shall submit as attachments to its letter ( 1) an averment of counsel that the parties made a reasonable effort to resolve the dispute and that such effort included oral communication that involved Delaware counsel for the parties, and (2) a draft order for the Court's signature that identifies with specificity the relief sought by the party. The party shall file concurrently with its letter a motion that in no more than one paragraph sets forth the relief sought. (b) By no later than 48 hours prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's reasons for its opposition.

CRITICALCivil cases

After exchanging the claim-term list, the parties must meet and confer to prepare a Joint Claim Construction Chart for filing by the stated deadline.

Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than _ _ _ _ _.

CRITICALCivil cases

Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court's Case Manager to schedule an in-person conference/argument.

Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court's Case Manager to schedule an in-person conference/argument.

CRITICALCivil cases

Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court's Case Manager to schedule an in-person conference/argument.

Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court's Case Manager to schedule an in-person conference/argument.

CRITICALCivil cases

Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court's Case Manager to schedule an in-person conference/argument.

Should counsel find that they are unable to resolve a dispute relating to a discovery matter or protective order, the parties shall contact the Court's Case Manager to schedule an in-person conference/argument.

CRITICALCivil cases

A motion concerning discovery or a protective order filed without leave and without following the specified procedures will be denied without prejudice.

(d) If a motion concerning a discovery matter or protective order is filed without leave of the Court and does not comport with the procedures set forth in this paragraph, the motion will be denied without prejudice to the moving party's right to bring the dispute to the Court through the procedures set forth in this paragraph.

CRITICALCivil cases

Before applying for a protective order, counsel should confer about an agreed proposed order and submit it within ten days of this 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 of this Order.

CRITICALCivil cases

Before seeking relief, the parties must make a reasonable effort to resolve the dispute that includes oral communication involving Delaware counsel for the parties.

The party shall submit as attachments to its letter (1) an averment of counsel that the parties made a reasonable effort to resolve the dispute and that such effort included oral communication that involved Delaware counsel for the parties and (2) a draft order for the Court's signature that identifies with specificity the relief sought by the party.

CRITICALCivil cases

A discovery or protective-order motion filed without leave and outside the paragraph's procedures will be denied without prejudice to using those procedures to bring the dispute before the Court.

If a motion concerning a discovery matter or protective order is filed without leave of the Court and does not comport with the procedures set forth in this paragraph, the motion will be denied without prejudice to the moving party's right to bring the dispute to the Court through the procedures set forth in this paragraph.

CRITICALCivil cases

For a motion to strike, the opposing party must file a responsive letter within seven days, and the moving party may reply within three days thereafter; the parties must request a teleconference by the reply date.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages. (c) Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to strike.

CRITICALCivil cases

For a motion to amend, the opposing party must file a responsive letter within seven days, and the moving party may reply within three days thereafter; the parties must request a teleconference by the reply date.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages. (c) Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to amend.

CRITICALCivil cases

Before pursuing a discovery or protective-order dispute, counsel must make good-faith efforts to resolve it, including verbal communications among Delaware and Lead Counsel; the parties must submit a joint letter to request a discovery teleconference, and the party seeking relief must file a letter outlining the disputed issues and its position.

Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. Should counsel find, after good faith efforts – including verbal communications among Delaware and Lead Counsel for all parties to the dispute – that they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form: On a date to be set by separate order, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues.

CRITICALCivil cases

For motions to amend, a moving party may file a reply letter within three days, and the parties must file a letter requesting a teleconference by that same date.

Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to amend.

CRITICALCivil cases

For motions to strike, an opposing party must file a responsive letter within seven days after filing, and the moving party may reply within three days thereafter; the parties must request a teleconference by the reply date.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages. (c) Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a teleconference to address the motion to strike.

CRITICALCivil cases

The party seeking relief must file its dispute letter on a date set by separate order, generally at least 48 hours before the conference.

On a date to be set by separate order, generally not less than forty-eight (48) hours prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues.

CRITICALCivil cases

Before applying for 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 (10) days from the date the Court enters this Order.

CRITICALCivil cases

Should counsel find, after good faith efforts – including verbal communications among Delaware and Lead Counsel for all parties to the dispute – that they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form:

Should counsel find, after good faith efforts – including verbal communications among Delaware and Lead Counsel for all parties to the dispute – that they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form:

CRITICALCivil cases

A discovery motion must comply with the following procedures before filing or it will be denied without prejudice to renew.

Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures.

CRITICALCivil cases

Before requesting the teleconference, the parties must have participated in a verbal meet-and-confer involving at least one Delaware Counsel and one Lead Counsel per party.

The following attorneys, including at least one Delaware Counsel and at least one Lead Counsel per party, participated in a verbal meet-and-confer (in person and/or by telephone) on the following date(s): [LIST DATE(S)].

CRITICALCivil cases

Motions to amend pleadings and motions to strike pleadings must follow the discovery-dispute procedure in Paragraph 8(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 8(g), above.

CRITICALCivil cases

Motions to amend pleadings and motions to strike pleadings or other documents must follow the discovery-dispute procedure in Paragraph 7(g).

Any motion to amend (including a motion for leave to amend) a pleading or any motion to strike any pleading or other document shall be made pursuant to the discovery dispute procedure set forth in Paragraph 7(g) above.

CRITICALCivil cases

(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 that, after reasonable efforts pursuant to Local Rule 7.1.1, they are unable to resolve a discovery matter or a dispute relating to a protective order, the moving party (i.e., the party seeking relief from the Court) should file a Motion for Teleconference to Resolve a Discovery or Protective Order Dispute. The text for this motion can be found in the “Forms” section of Magistrate Judge Tennyson’s portion of the Court’s website. (iii) After reviewing the motion, the Court will issue an order setting a discovery conference and outlining the specific dispute procedure to be used. On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font outlining the issues in dispute and that party’s position on those issues. This submission shall include as exhibits (1) a proposed order that identifies with specificity the relief sought on an issue-by-issue basis and (2) copies of any discovery requests and responses relating to the dispute. On the date set by court order, generally not less than forty-eight (48) hours prior to the conference, any party opposing the application for relief may file a letter not to exceed three (3) pages in 12-point font outlining that party’s reason for its opposition. (iv) 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.

(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 that, after reasonable efforts pursuant to Local Rule 7.1.1, they are unable to resolve a discovery matter or a dispute relating to a protective order, the moving party (i.e., the party seeking relief from the Court) should file a Motion for Teleconference to Resolve a Discovery or Protective Order Dispute. The text for this motion can be found in the “Forms” section of Magistrate Judge Tennyson’s portion of the Court’s website. (iii) After reviewing the motion, the Court will issue an order setting a discovery conference and outlining the specific dispute procedure to be used. On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font outlining the issues in dispute and that party’s position on those issues. This submission shall include as exhibits (1) a proposed order that identifies with specificity the relief sought on an issue-by-issue basis and (2) copies of any discovery requests and responses relating to the dispute. On the date set by court order, generally not less than forty-eight (48) hours prior to the conference, any party opposing the application for relief may file a letter not to exceed three (3) pages in 12-point font outlining that party’s reason for its opposition. (iv) 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.

CRITICALCivil cases

The court sets the date for any opposition letter, may order further briefing after the conference, or may resolve the dispute and cancel the conference beforehand.

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, outlining that party’s reasons for its opposition. 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 cancel the conference.

CRITICALCivil cases

Motions to amend pleadings, including motions for leave to amend, and motions to strike pleadings must follow the discovery-dispute procedure in Paragraph 7(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 7(g), above.

CRITICALCivil cases

The following procedures will apply to discovery matters and protective order disputes unless and until such matters are referred to a Magistrate Judge (who may specify their own procedures). 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—including 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 Judge Hall’s section of the Court’s website, in the “Forms” tab. iii. The Court will thereafter order a discovery telephone conference and deadlines for submissions.

The following procedures will apply to discovery matters and protective order disputes unless and until such matters are referred to a Magistrate Judge (who may specify their own procedures). 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—including 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 Judge Hall’s section of the Court’s website, in the “Forms” tab. iii. The Court will thereafter order a discovery telephone conference and deadlines for submissions.

CRITICALCivil cases

The following procedures will apply to discovery matters and protective order disputes unless and until such matters are referred to a Magistrate Judge (who may specify their own procedures). 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—including 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 Judge Hall’s section of the Court’s website, in the “Forms” tab. iii. The Court will thereafter order a telephone conference and deadlines for submissions.

The following procedures will apply to discovery matters and protective order disputes unless and until such matters are referred to a Magistrate Judge (who may specify their own procedures). 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—including 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 Judge Hall’s section of the Court’s website, in the “Forms” tab. iii. The Court will thereafter order a telephone conference and deadlines for submissions.

CRITICALCriminal cases

Absent a case-specific order, responses to pre-trial or post-trial motions are due in 21 calendar days, and any reply is due 10 calendar days after the response.

Whenever a pre-trial or post-trial motion is filed and there is no case-specific Court Order establishing a timetable for a response, the opposing party shall file a response no later than twenty-one (21) calendar days from the date that the motion was filed. A reply1, if any, shall be filed within ten (10) calendar days from the date the response was filed;

CRITICALCriminal cases

Response to motions must be filed within 21 calendar days of filing.

Whenever a pre-trial or post-trial motion is filed and there is no case-specific Court Order establishing a timetable for a response, the opposing party shall file a response no later than twenty-one (21) calendar days from the date that the motion was filed.

CRITICALCriminal cases

A reply1, if any, shall be filed within ten (10) calendar days from the date the response was filed;

A reply1, if any, shall be filed within ten (10) calendar days from the date the response was filed;

CRITICALCivil cases

Discovery motions and protective order disputes require a pre-motion conference and pre-motion letters (max 3 pages each) with specified deadlines.

Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. Should counsel find, after a reasonable effort pursuant to Local Rule 7.1.1 that they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall contact the Court's Judicial Administrator to schedule an argument. On a date to be set by separate order, generally not less than four (4) days prior to the conference, the party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. On a date to be set by separate order, but generally not less than three (3) days prior to the conference, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition.

CRITICALCivil cases

Motions to amend and motions to strike must follow the discovery dispute pre-motion procedure.

Any motion to amend (including a motion for leave to amend) a pleading or any motion to strike any pleading or other document shall be made pursuant to the discovery dispute procedure set forth in Paragraph 8(g) above.

CRITICALCivil cases

Daubert objections must be filed by dispositive motion deadline unless court orders otherwise.

To the extent any objection to expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., 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.

CRITICALCivil cases

Pre-motion letter (max 3 pages) required for discovery disputes, with 7-day and 5-day filing deadlines.

Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall contact the Court’s Case Manager to schedule an in-person conference/argument. Unless otherwise ordered, by no later than seven business days prior to the conference/argument, any party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and its position on those issues. By no later than five business days prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party’s opposition.

CRITICALCivil cases

Discovery-related motions filed without leave will be denied without prejudice.

If a discovery-related motion is filed without leave of the Court, it will be denied without prejudice to the moving party’s right to bring the dispute to the Court through the discovery matters procedures set forth in this Order.

CRITICALCivil cases

Discovery disputes require contacting the Case Manager to schedule a conference, with pre-conference letters (max 3 pages) due 7 days for moving party and 5 days for opposition.

Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, the parties involved in the discovery matter or protective order dispute shall contact the Court's Case Manager to schedule an in-person conference/argument. Unless otherwise ordered, by no later than seven business days prior to the conference/argument, any party seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in dispute and its position on those issues. By no later than five business days prior to the conference/argument, any party opposing the application for relief may file a letter, not to exceed three pages, outlining that party's opposition.

CRITICALCivil cases

For a motion to amend, an opposing party must file a responsive letter within 7 days after the motion, and the moving party may file a reply within 3 days thereafter; the parties may also request a teleconference by that date.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) single-spaced pages. c. Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to amend.

CRITICALCivil cases

Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a dispute regarding the initial drafting of a protective order, the parties involved in the dispute shall file a joint letter in substantially the following form:

Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a dispute regarding the initial drafting of a protective order, the parties involved in the dispute shall file a joint letter in substantially the following form:

CRITICALCivil cases

An opposition letter to a motion to strike is due within seven days and limited to five single-spaced pages; an optional reply letter is due within three days thereafter and limited to two pages.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) single-spaced pages. c. Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to strike.

CRITICALCivil cases

Should counsel find, after good faith efforts—including 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 (other than that involving the initial drafting of a protective order, which is discussed further below), the parties involved in the discovery matter or protective order dispute shall file a joint letter in substantially the following form:

Should counsel find, after good faith efforts—including 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 (other than that involving the initial drafting of a protective order, which is discussed further below), the parties involved in the discovery matter or protective order dispute shall file a joint letter in substantially the following form:

CRITICALCivil cases

Before filing a discovery motion, the parties must make good-faith efforts to resolve the dispute, including verbal communication among designated counsel, and file a joint letter requesting a teleconference; noncompliant motions will be denied without prejudice.

Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. Should counsel find, after good faith efforts—including 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 (other than that involving the initial drafting of a protective order, which is discussed further below), the parties involved in the discovery matter or protective order dispute shall file a joint letter in substantially the following form: The Court will thereafter set a discovery dispute telephone conference and a briefing schedule.

CRITICALCivil cases

Discovery motions must comply with the procedures that follow before filing; otherwise, they will be denied without prejudice to renew.

Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures.

CRITICALCivil cases

For a motion to strike, an opposing party must file a responsive letter within 7 days after the motion, and the moving party may file a reply within 3 days thereafter; the parties may also request a teleconference by that date.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) single-spaced pages. c. Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to strike.

CRITICALCivil cases

A party seeking leave for an earlier case-dispositive motion must file a motion and a supporting letter brief; any response is due within seven days, and no reply is allowed.

A party seeking leave to file a case dispositive motion prior to ten (10) days before the deadline set forth above shall do so by filing a motion and an accompanying letter brief with the Court of no more than four (4) single-spaced pages, explaining the reasons why an earlier-filed motion should be permitted. If any party wishes to contest this request, it may do so by filing a responsive letter brief of no more than four (4) single-spaced pages, within seven (7) days from the date the requesting party filed its brief. No reply briefs shall be filed.

CRITICALCivil cases

An opposition letter to a motion to stay is due within seven days and limited to five single-spaced pages; an optional reply letter is due within three days thereafter and limited to two pages.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) single-spaced pages. c. Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to stay.

CRITICALCivil cases

Motions to stay proceed by an accompanying letter rather than an opening brief, followed by an opposition letter within seven days and an optional reply and teleconference request within three days thereafter.

Any motion to stay shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing the basis for the requested relief. b. Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) single-spaced pages. c. Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to stay.

CRITICALCivil cases

Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a dispute regarding the initial drafting of a protective order, the parties involved in the dispute shall file a joint letter in substantially the following form:

Should counsel find, after good faith efforts—including verbal communication among Delaware and Lead Counsel for all parties to the dispute—that they are unable to resolve a dispute regarding the initial drafting of a protective order, the parties involved in the dispute shall file a joint letter in substantially the following form:

CRITICALCivil cases

In ANDA cases, case-dispositive motions will not be heard without party agreement and prior Court approval.

[For ANDA cases] Absent agreement between the parties, and prior approval from the Court, the Court will not hear case dispositive motions in ANDA cases.

CRITICALCivil cases

If any party wishes to contest this request, it may do so by filing a responsive letter brief of no more than four (4) single-spaced pages, within seven (7) days from the date the requesting party filed its brief. No reply briefs shall be filed.

If any party wishes to contest this request, it may do so by filing a responsive letter brief of no more than four (4) single-spaced pages, within seven (7) days from the date the requesting party filed its brief. No reply briefs shall be filed.

CRITICALCivil cases

An opposing party must file a responsive letter within 7 days after the motion is filed; the moving party may reply within 3 days thereafter, and the parties may request a teleconference by that same date.

Within seven (7) days after the filing of a motion in compliance with this Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) single-spaced pages. c. Within three (3) days thereafter, the moving party may file a reply letter, not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter requesting a teleconference to address the motion to amend.

CRITICAL

Should counsel find that, after reasonable efforts pursuant to Local Rule 7.1.1, they are unable to resolve a discovery matter or a dispute relating to a protective order, the moving party (i.e., the party seeking relief from the Court) should file a Motion for Teleconference to Resolve a Discovery or Protective Order Dispute.

Should counsel find that, after reasonable efforts pursuant to Local Rule 7.1.1, they are unable to resolve a discovery matter or a dispute relating to a protective order, the moving party (i.e., the party seeking relief from the Court) should file a Motion for Teleconference to Resolve a Discovery or Protective Order Dispute.

CRITICALCivil cases

Should counsel find that, after reasonable efforts pursuant to Local Rule 7.1.1, they are unable to resolve a discovery matter or a dispute relating to a protective order, the moving party (i.e., the party seeking relief from the Court) should file a Motion for Teleconference to Resolve a Discovery or Protective Order Dispute. The text for this motion can be found in the "Forms" section of Magistrate Judge Tennyson's portion of the Court's website.

Should counsel find that, after reasonable efforts pursuant to Local Rule 7.1.1, they are unable to resolve a discovery matter or a dispute relating to a protective order, the moving party (i.e., the party seeking relief from the Court) should file a Motion for Teleconference to Resolve a Discovery or Protective Order Dispute. The text for this motion can be found in the "Forms" section of Magistrate Judge Tennyson's portion of the Court's website.

CRITICAL

Motions to amend or strike must follow the discovery dispute procedure.

Any motion to amend (including a motion for leave to amend) a pleading or any motion to strike any pleading or other document shall be made pursuant to the discovery dispute procedure set forth in Paragraph 8(g) above.

CRITICALCivil cases

After reviewing the motion, the Court will issue an order setting a discovery conference and outlining the specific dispute procedure to be used. On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font outlining the issues in dispute and that party's position on those issues. This submission shall include as exhibits (1) a proposed order that identifies with specificity the relief sought on an issue-

After reviewing the motion, the Court will issue an order setting a discovery conference and outlining the specific dispute procedure to be used. On the date set by court order, generally not less than seventy-two (72) hours prior to the conference, the party seeking relief shall file with the Court a letter not to exceed three (3) pages in 12-point font outlining the issues in dispute and that party's position on those issues. This submission shall include as exhibits (1) a proposed order that identifies with specificity the relief sought on an issue-

CRITICALCivil cases

Motions to amend or strike must follow the discovery dispute procedure.

Any motion to amend (including a motion for leave to amend) a pleading or any motion to strike any pleading or other document shall be made pursuant to the discovery dispute procedure set forth in Paragraph 8(g) above.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.”

CRITICALCivil cases

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.

CRITICAL

Letter filing deadline: 72 hours before conference, max 4 pages, double-spaced, 12pt font

Not less than seventy-two (72) hours prior to the conference, excluding weekends and Court holidays, the party seeking relief shall file a letter with the Court, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining the issues in dispute and its position on those issues, including proposed solutions.

CRITICAL

Pre-conference letter sequencing: moving party files 72 hours before conference, opposing party may file 48 hours before conference.

Not less than seventy-two (72) hours prior to the conference, excluding weekends and Court holidays, the party seeking relief shall file a letter with the Court... Not less than forty-eight (48) hours prior to the conference, excluding weekends and Court holidays, any party opposing the application for relief may file a letter

CRITICALCivil cases

Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, after holding a verbal meet-and-confer and making a reasonable effort to reach agreement with the opposing party on the matters or dispute,1 the party seeking relief from the Court shall file a Motion for Discovery requesting a teleconference to resolve the discovery or protective order dispute. The Motion shall include the following information:

Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, after holding a verbal meet-and-confer and making a reasonable effort to reach agreement with the opposing party on the matters or dispute,1 the party seeking relief from the Court shall file a Motion for Discovery requesting a teleconference to resolve the discovery or protective order dispute. The Motion shall include the following information:

CRITICAL

Opposition letter deadline: 48 hours before conference, max 4 pages, double-spaced, 12pt font

Not less than forty-eight (48) hours prior to the conference, excluding weekends and Court holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, double-spaced in no less than 12 point font, outlining that party’s reason for its opposition and any proposed solutions.

CRITICALCivil cases

Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, 2 the moving party (i.e., the party seeking relief from the Court) shall file a “[Joint] Motion for Teleconference to Resolve [Protective Order or Discovery] Dispute.” The suggested text for this motion can be found in Magistrate Judge Fallon’s section of the Court’s website in the “Forms” tab, under the heading “Discovery Matters–Motion to Resolve Discovery Dispute.” The Court will thereafter order a discovery telephone conference and deadlines for submissions.

Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, 2 the moving party (i.e., the party seeking relief from the Court) shall file a “[Joint] Motion for Teleconference to Resolve [Protective Order or Discovery] Dispute.” The suggested text for this motion can be found in Magistrate Judge Fallon’s section of the Court’s website in the “Forms” tab, under the heading “Discovery Matters–Motion to Resolve Discovery Dispute.” The Court will thereafter order a discovery telephone conference and deadlines for submissions.

CRITICALCivil cases

The party seeking discovery relief must file a letter outlining the disputed issues and its position, generally at least 72 hours before the conference, excluding weekends and holidays.

On the date set by the Court, generally not less than seventy-two (72) hours prior to the conference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.

CRITICALCivil cases

Counsel shall verbally discuss the issues/concerns before seeking the Court’s intervention.

Counsel shall verbally discuss the issues/concerns before seeking the Court’s intervention.

CRITICALCivil cases

A party opposing discovery relief may file a letter stating its reason for opposition, generally at least 48 hours before the conference, excluding weekends and holidays.

On the date set by the Court, generally not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12-point font, outlining that party’s reason for its opposition.

CRITICALCivil cases

Discovery-related Rule 37 sanctions motions must follow the Court’s discovery dispute procedures.

Motions for sanctions under Fed. R. Civ. P. 37 pertaining to discovery shall be brought in accordance with the Court’s discovery dispute procedures.

CRITICALCivil cases

If counsel cannot resolve a discovery or protective-order dispute, the moving party should file the specified motion for a teleconference, after which the Court will set a conference and submission deadlines.

Should counsel find they are unable to resolve a discovery matter or a dispute relating to a protective order, 3 the moving party (i.e., the party seeking relief from the Court) should file a “[Joint] Motion for Teleconference to Resolve [Protective Order or Discovery] Dispute.” The suggested text for this motion can be found in Magistrate Judge Fallon’s section of the Court’s website, in the “Forms” tab, under the heading “Discovery Matters - Motion to Resolve Discovery Dispute.” The Court will thereafter order a discovery dispute telephone conference and deadlines for submissions.

CRITICALCivil cases

A party seeking leave to file an early case-dispositive motion must submit a letter brief; any response is due within seven days, and no reply brief may be filed.

A party seeking leave to file a case dispositive motion prior to ten (10) days before the deadline set forth above shall do so by filing a letter brief with the Court of no more than four (4) pages, explaining the reasons why an earlier-filed motion should be permitted. If any party wishes to contest this request, it may do so by filing a responsive letter brief of no more than four (4) pages, within seven (7) days from the date the requesting party filed its brief. No reply briefs shall be filed.

CRITICALCivil cases

After exchanging the claim-term list, the parties must meet and confer to prepare the Joint Claim Construction Chart.

Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be filed no later than _________, 20__.

CRITICALCivil cases

Counsel are expected to discuss discovery or protective-order issues verbally before seeking the Court’s intervention.

Counsel are expected to verbally discuss the issues/concerns before seeking the Court’s intervention.

CRITICALCivil cases

A party seeking relief must file a letter before the teleconference, and an opposing party may file a letter on the Court-set date; the letters must state the specified positions and the seeking party’s letter must include a proposed order.

two (72) hours prior to the teleconference, excluding weekends and holidays, the party seeking relief shall file with the Court a letter, not to exceed four (4) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. This submission shall include a proposed order, attached as an exhibit, setting out the nature of the relief requested. On the date set by the Court, generally not less than forty-eight (48) hours prior to the conference, excluding weekends and holidays, any party opposing the application for relief may file a letter, not to exceed four (4) pages, in no less than 12- point font, outlining that party’s reason for its opposition.

CRITICALCivil cases

Counsel seeking a protective order should confer and try to agree on a proposed form of order for submission within ten days; if they cannot agree, they must follow the discovery-dispute procedure.

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 (10) days from the date of this Order. Should counsel be unable to reach an agreement on a proposed form of protective order, counsel must follow the provisions of Paragraph 3(d) above.

CRITICAL

For a discovery motion, Judge Wolson will schedule a telephone conference with counsel before any responsive brief is filed.

Judge Wolson will schedule a telephone conference with counsel to discuss the motion before the filing of any responsive brief.

CRITICAL

When a party seeks to seal material marked confidential by an opponent, the parties must work together to prepare the information needed to support sealing.

Judge Wolson expects parties to work together when filing motions to seal. That is, if a party seeks to file under seal material that an opponent has marked “confidential,” the parties must work together to prepare the required information (such as affidavits or other material necessary to carry the burden of placing material under seal).

CRITICAL

Whenever lawyers are required to meet and confer, they must have a verbal conversation in person, by videoconference, or by phone; written correspondence alone is insufficient.

Any time that lawyers must meet and confer, whether pursuant to a statute, a federal or local rule, these Policies and Procedures, or a Court order, the parties must have a verbal conversation to satisfy the obligation. The conversation can be in person, by videoconference, or by phone. The mere exchange of written correspondence, whether letter, email, or otherwise, does not satisfy the obligation.

CRITICAL

Parties must not respond to a motion for reconsideration unless the Court orders otherwise.

Parties shall not respond to a motion for reconsideration absent a Court Order.

CRITICAL

In a bench trial, a summary judgment motion requires prior leave, sought by a letter to Judge Wolson within seven days after discovery closes explaining the grounds for the request.

Judge Wolson does not permit summary judgment motions in bench trials without prior leave of court. A party that seeks leave to file a summary judgment motion in a bench trial must send Judge Wolson a letter no more than seven days after the close of discovery explaining the grounds on which the party seeks leave to move.

CRITICAL

For Rule 12 motions, counsel must confer verbally with opposing counsel before the applicable deadline; unresolved disputes require a five-page, single-spaced premotion letter and a conference, except in pro se cases.

Any Party that intends to file a motion under Federal Rule of Civil Procedure 12 must contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies. For cases filed in this Court, that conversation must happen at least one week before the due date. For cases removed to this Court, a defendant that seeks to file a motion to dismiss must contact opposing counsel within three business days of the case being assigned to Judge Wolson. Counsel must have a substantive verbal discussion, whether by phone or in person. Exchanges of letters or e-mails are not sufficient. If the parties cannot reach agreement, then they must submit to Judge Wolson a letter, via email, that does not exceed five single-spaced pages that sets forth each issue to be raised in the motion and each Party’s substantive position with respect to that issue. The parties must submit the letter to Judge Wolson by the deadline to respond to the Complaint, but in cases removed to this Court, the due date is extended by seven days if the parties are submitting a premotion letter. Judge Wolson will then attempt to resolve the dispute at a premotion conference, likely by phone or videoconference. If Judge Wolson cannot resolve the dispute at that conference, or if Judge Wolson determines that the conference will not facilitate resolution, then Judge Wolson will set a briefing schedule for the motion. This procedure does not apply in cases in which either party is proceeding pro se. In pro se cases, motions may be filed without premotion letters.

CRITICAL

The parties may not file a memorandum of law without leave.

The parties may not file a memorandum of law absent leave.

CRITICAL

Replies are optional and may be ruled on before filing; a reply may be filed without leave only within seven days, on newly raised issues, and without a proposed order, while sur-replies require leave.

Reply briefs are not required and Judge Kearney may rule before filing of reply briefs if warranted. Reply briefs, without a proposed order, are permitted without our leave if filed and served within seven days of the date a non-moving party files its Opposition, may not exceed ten pages, and must be limited to issues newly raised in the Opposition. Briefs in excess of these page limits and sur-reply briefs are not permitted unless leave is granted upon motion.

CRITICAL

Counsel must obtain leave before filing a reply or a longer motion or response, and no reply may be filed without leave.

Counsel seeking to file replies or longer motions or responses must move for relief and obtain leave to do so before filing. No reply may be filed without leave.

CRITICAL

Before filing a threshold motion, the movant must meaningfully confer in good faith with the represented party and identify the communications and shared resolution; the requirement does not apply to pro se parties.

Attach a certificate signed by the movant’s trial counsel to the threshold motion confirming the movant meaningfully conferred in good faith with the represented party (does not apply to pro se parties) subject to the anticipated motion including specifically identifying the communications and shared resolution to resolve the issue particularly on motions to dismiss based on the perceived inadequacy of the pleading or venue issues which can often be readily resolved by an amended pleading or stipulated transfer or remand;

CRITICAL

A reply may be filed only with leave of court.

No replies may be filed without leave.

CRITICAL

Discovery and dispositive motions are not allowed after the arbitration hearing unless compelling cause exists.

Neither discovery nor dispositive motions will be allowed after the arbitration hearing absent compelling cause.

CRITICALCivil cases

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 of this Order. Should counsel be unable to reach an agreement on a proposed form of order, counsel must follow the provisions of Paragraph 3(g) above.

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 of this Order. Should counsel be unable to reach an agreement on a proposed form of order, counsel must follow the provisions of Paragraph 3(g) above.

CRITICALCivil cases

Before filing certain motions, parties must submit a pre-motion letter (max 3 pages single-spaced) with basis and citations; adversaries respond within 7 days (max 3 pages single-spaced); no reply unless directed; affidavits/exhibits not permitted; Court may hold teleconference; if unresolved, motion may be filed.

In an effort to resolve cases expeditiously, before bringing a motion to dismiss, motion for a more definite statement, motion to remand, motion for change of venue, or motion for judgment on the pleadings, a party must submit a letter, not to exceed three single-spaced pages, requesting a pre-motion conference. The letter must set forth the basis for the anticipated motion and include citations to relevant authority. Within seven days after receipt of this letter, all adversaries must submit a written response, not to exceed three single-spaced pages. No party may submit a reply letter unless directed by the Court. Affidavits and exhibits are not permitted unless directed by the Court. A proffer by the attorney, however, of the contents of any such affidavit or exhibit shall suffice. To the extent possible, the Court will attempt to resolve the dispute at a pre-motion teleconference. If the dispute cannot be resolved at the pre-motion conference (or if the Court determines that a conference would not be helpful), the moving party may proceed with filing its motion.

WARNING

A hearing on the matter is typically set at least ten days after the letter is filed, unless an emergency warrants shorter notice.

Absent an emergency that would warrant shorter notice, such a hearing will typically be set no less than ten days after the filing of the letter.

WARNINGCivil cases

Before applying for a protective order, counsel should confer and try to agree on a proposed order for submission to the Court.

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 of this Order.

WARNINGCivil cases

A discovery or protective-order motion filed without leave and out of compliance with these procedures will be denied without prejudice.

( d) If a motion concerning a discovery matter or protective order is filed without leave of the Court and does not comport with the procedures set forth in this paragraph, the motion will be denied without prejudice to the

WARNINGCivil cases

Before applying for 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 of this Order.

WARNINGCivil cases

Before applying for a protective order, counsel should confer and attempt 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 (10) days from the date the Court enters this Order.

WARNINGCivil cases

After the telephone conference, the Court may order further briefing; it may instead resolve the dispute beforehand and cancel the conference.

Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference.

WARNINGCivil cases

Before seeking a protective order, counsel should confer and try to agree on a proposed order for submission to the Court.

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.

WARNINGCivil cases

Before seeking a protective order, counsel should confer and try to agree on a proposed form; if they cannot agree, they must follow Paragraph 7(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 (10) days from the date the Court enters this Order. If counsel are unable to reach an agreement on a proposed form of protective order, counsel must follow the provisions of Paragraph 7(g) below.

WARNINGCivil cases

Before seeking a protective order, counsel should confer and attempt to agree on a proposed form of 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

WARNINGCivil cases

If counsel anticipate applying for a protective order, they 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 file it with the Court within ten (10) days from the date of this Order.

WARNINGCivil cases

After the parties’ submissions, the Court will set a protective-order dispute teleconference and briefing schedule.

The Court will thereafter set a protective order dispute teleconference and a briefing schedule.

WARNINGCivil cases

The parties should consult and follow Judge Burke’s Guidelines for Discovery Disputes.

The parties should also consult and follow Judge Burke’s “Guidelines for Discovery Disputes,” which is found in the “Guidelines” tab on Judge Burke’s section of the District Court’s website.

WARNINGCivil cases

Before seeking a protective order, counsel should confer and attempt 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 file it with the Court within ten (10) days from the date of this Order.

WARNINGCivil cases

After the required submissions, the Court will set a telephone conference for the discovery dispute and a briefing schedule.

The Court will thereafter set a discovery dispute telephone conference and a briefing schedule.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNING

Requests to modify mediation attendance requirements must be in writing 14 days before the conference.

Any request to modify this requirement shall be made in writing to the Chief Magistrate Judge, with a copy to all counsel, no later than fourteen (14) days before the mediation conference.

WARNINGCivil cases

Counsel seeking a protective order should confer and try to agree on a proposed order, then submit it within ten days 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 (10) days from the date of this Order.

WARNINGCivil cases

Counsel are expected to discuss the issues and concerns verbally before seeking Court intervention in a covered discovery or protective-order dispute.

Counsel are expected to verbally discuss the issues/concerns before seeking the Court’s intervention.

WARNINGCivil cases

Before applying for a protective order, counsel should confer and try to agree on a proposed order; if they cannot agree, counsel must follow Paragraph 3(f).

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 (10) days from the date of this Order. Should counsel be unable to reach an agreement on a proposed form of protective order, counsel must follow the provisions of Paragraph 3(f) above.

WARNINGCivil cases

Counsel are expected to discuss discovery issues verbally before seeking court intervention.

Counsel are expected to first verbally discuss the issues/concerns before seeking the court’s intervention.

WARNING

After an affidavit of service, Judge Kearney attempts to hold a prompt conference with counsel on temporary restraining orders and preliminary injunctions, unless extraordinary imminent harm exists.

Judge Kearney attempts to hold a prompt conference with counsel seeking and defending requests for temporary restraining orders and preliminary injunctions following an affidavit of service, unless extraordinary imminent harm.

WARNING

In arbitration-track cases, the parties are expected to complete discovery and resolve all dispositive motions before the arbitration hearing.

The parties are expected to complete all discovery and resolve all dispositive motions before the arbitration hearing.

WARNING

To the extent there are unresolved evidentiary issues, counsel should anticipate the Scheduling Order will require motions in limine be filed after the contemporaneous exchange of pretrial memoranda, with a reply due before the pretrial conference.

To the extent there are unresolved evidentiary issues, counsel should anticipate the Scheduling Order will require motions in limine be filed after the contemporaneous exchange of pretrial memoranda, with a reply due before the pretrial conference.

WARNING

Judge Kearney expects a party seeking pretrial injunctive relief is prepared to imminently move to a hearing within a month. If not ready for an imminent hearing, the party may seek expedited discovery and Judge Kearney will then set the pretrial injunction hearing.

Judge Kearney expects a party seeking pretrial injunctive relief is prepared to imminently move to a hearing within a month. If not ready for an imminent hearing, the party may seek expedited discovery and Judge Kearney will then set the pretrial injunction hearing.

WARNING

Counsel are expected to attempt to resolve exhibit and testimony objections before the motions in limine deadlines, leaving only unresolved objections for the Court.

Judge Kearney expects counsel attempted to resolve objections to exhibits and testimony before the motion in limine deadlines, leaving only those objections the parties could not resolve.

INFOCivil cases

The Court may order further briefing after the telephone conference or resolve the dispute beforehand and cancel the conference.

Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference.

INFOCriminal cases

Replies to motions are encouraged but not mandatory.

While a reply to a motion is not mandatory, this Court encourages them and finds them helpful.

INFOCivil cases

The Court may order further briefing after the telephone conference or resolve the dispute beforehand and cancel the conference.

Should the Court find further briefing necessary upon the conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference.

INFOCivil cases

The Court may order further briefing after the teleconference or resolve the dispute beforehand and cancel the conference.

Should the Court find further briefing necessary upon the conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference.

INFOCivil cases

Court may order further briefing after discovery conference or resolve dispute beforehand and cancel 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.

INFO

Motions to amend or strike follow discovery dispute procedure.

Any motion to amend (including a motion for leave to amend) a pleading or any motion to strike any pleading or other document shall be made pursuant to the discovery dispute procedure set forth in Paragraph 8(g) above.

INFOCivil cases

Court may refer case to Magistrate Judge for ADR exploration

ADR Process. Having discussed the Alternate Dispute Resolution process during the scheduling conference, the Court may refer this matter to a Magistrate Judge for the purpose of exploring ADR during the pendency of this case.

INFOCivil cases

Court may order further briefing or resolve dispute before conference

Should the Court find further briefing necessary upon conclusion of the telephonic conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the conference and cancel the conference.

INFOCivil cases

If the court finds further briefing necessary after the conference, it will order further briefing.

Should the court find further briefing necessary upon conclusion of the conference, the court will order it.

INFO

The Court urges parties to resolve discovery disputes among themselves.

Judge Wolson urges the parties to settle discovery disputes among themselves.

INFO

Parties should seek reconsideration sparingly.

Parties should seek reconsideration sparingly.

INFO

Judge Kearney usually addresses filed expedited-discovery motions by conference when scheduling the hearing.

Judge Kearney usually handles filed motions for expedited discovery by conference when scheduling the hearing.

INFO

Upon request, a hearing or argument challenging an expert witness’s competency or necessity will be scheduled at or before the final pretrial conference.

Hearings or arguments challenging expert witness competency or necessity, upon request, will be scheduled at or before the final pretrial conference.

WARNINGCivil cases

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.