District of Delaware Pre-Motion Conference Requirements

Discovery disputes require a pre-motion letter (max 5 pages) with 48-hour response, after which court decides on conference or motion practice.

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. 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. After receipt of the response letter(s), the Court will then decide whether to schedule a conference to address the dispute(s) or whether to order that motion practice be followed.

Motions requiring shortened notice cannot be scheduled before the order shortening time is entered.

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

Required

Always

Meet and confer required 2-3 weeks before claim construction hearing.

On or before _ _ _ _ _ _ [no earlier than three weeks before the claim construction hearing and no later than two weeks before the claim construction hearing], Delaware and lead counsel for the parties shall meet and confer and thereafter file an Amended Joint Claim Construction Chart that sets forth the terms that remain in dispute.

For unresolved discovery disputes, parties must schedule a conference with the Case Manager and file a letter (max 3 pages) 72 hours prior, with required attachments.

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. 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

Before filing a discovery dispute motion, parties must schedule a conference and file a pre-motion letter (max 3 pages) with attachments and a one-paragraph motion; opposition letters (max 3 pages) are due 48 hours before the conference; non-compliance results in denial without prejudice.

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. (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. (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.

Contact Case Manager to schedule in-person conference for discovery disputes.

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.

Motions not following procedures will be denied without prejudice.

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

Required

Always

Meet and confer required 3-2 weeks before claim construction hearing to file Amended Joint Claim Construction Chart.

On or before _ _ _ _ _ _ [no earlier than three weeks before the claim construction hearing and no later than two weeks before the claim construction hearing], Delaware and lead counsel for the parties shall meet and confer and thereafter file an Amended Joint Claim Construction Chart that sets forth the terms that remain in dispute.

Discovery disputes require contacting the Court's Case Manager to schedule an in-person conference.

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.

Joint letter required for discovery disputes after meet-and-confer

the parties involved in the discovery matter or protective order dispute shall submit a joint letter in substantially the following form:

Seeking party must file 3-page letter 48 hours before discovery 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.

Opposing party may file 3-page opposition letter before discovery conference

On a date to be set by separate order, but generally application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition.

Motions to join parties or amend pleadings must follow procedures in Paragraphs 4(g) and 5.

Unless otherwise ordered by the Court, any motion to join a party or motion to amend the pleadings shall be made pursuant to the procedures set forth in Paragraphs 4(g) and 5.

Discovery motions must follow meet-and-confer procedures or be denied.

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

Party seeking discovery relief must file 3-page letter at least 48 hours before 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.

Opposing parties must file response letter at least 24 hours before conference.

On a date to be set by separate order, but generally not less than twenty-four (24) hours prior to the conference, any party opposing the

Rule 56 motions must be filed within 10 days of deadline without leave.

No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.

Motions to amend require 3-page letter with proposed pleading and blackline

Any motion to amend (including a motion for leave to amend) a pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed amended pleading as well as a "blackline" comparison to the prior pleading.

Opposition to motions to amend must file 5-page response within 7 days

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.

Motions to strike must be accompanied by a 3-page letter, not an opening brief.

Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.

Daubert objections to expert testimony must be filed by motion within 14 days after the close of expert discovery.

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 (14) days after the close of expert discovery, unless otherwise ordered by the Court. Briefing will be presented pursuant to the Court's Local Rules.

Motions to strike must be accompanied by a letter (max 3 pages) instead of an opening brief, and must attach the document to be stricken.

Any motion to strike any pleading or other document shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.

Case dispositive motions in ANDA cases require party agreement and prior Court approval.

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

Before filing a discovery motion, counsel must file a Motion for Teleconference and participate in a discovery telephone conference.

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, 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 Court will thereafter order a discovery telephone conference and deadlines for submissions.

Case dispositive motions are not heard in ANDA cases.

the Court will not hear case dispositive motions in ANDA cases.

Discovery motions require a pre-motion conference procedure: file a Motion for Teleconference; the court sets a conference and deadlines; moving party files a 3-page letter 72 hours before conference with proposed order and discovery requests; opposing party may file a 3-page letter 48 hours before conference.

Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. ... the moving party ... should file a 'Motion for Teleconference To Resolve [Discovery/Protective Order] Disputes.' ... 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, 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, outlining that party's reasons for its opposition.

Motions to amend and motions to strike must follow the discovery dispute procedure (pre-motion conference and letter requirements).

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.

Discovery motions require compliance with a pre-motion conference procedure; failure results in denial without prejudice.

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

Motions to amend or strike must follow the discovery dispute pre-motion conference 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 7(g) above.

Before filing a Rule 12 motion, parties must contact opposing counsel for a substantive discussion and an opportunity to cure pleading deficiencies.

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.

A telephone conference with counsel is scheduled before any responsive brief is filed on a discovery motion.

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

Summary judgment motions are not permitted in bench trials without prior leave; leave must be requested by letter within seven days after close of discovery.

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.

Oppositions to pro hac vice motions must be filed within one business day of the motion's filing.

Thoughtful opposition to a motion for pro hac vice must be filed within one business day of the filing of the motion.

Memoranda of law related to discovery motions are prohibited without leave of court.

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

Responses to discovery motions are due within 3 days absent a court order.

Absent an Order, a response may be filed within three days, also limited to seven pages, double-spaced twelve-point font.

Non-parties served with discovery motions may respond within 3 days of service unless otherwise ordered.

Non-parties served with motions may respond within three days of service, unless otherwise ordered.

Reply briefs do not require leave if filed within 7 days of opposition, no proposed order, limited to new issues.

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.

Prompt conferences required for TRO, preliminary injunction, and expedited discovery motions; pretrial injunctive relief hearings must be scheduled within a month, else expedited discovery must be sought first.

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

Sentencing motions and supporting memos due 7 days before sentencing, responses due 3 days before, must include legal authority, no replies without leave.

Counsel must file sentencing motions and supporting memoranda at least seven days prior to the scheduled sentencing date, and any response thereto must be filed at least three days prior to the scheduled sentencing date. The memorandum must set forth any legal authority relied upon by the party. No replies may be filed without leave.

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;

Required

Always

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.

Required

Always

Reply to motions must be filed within 10 calendar days of response.

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

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.

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.

Counsel must confer, agree on proposed protective order, and submit within 10 days of this Order; if no agreement, follow Paragraph 3(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 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.

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.

Joint letter required for discovery disputes after meet-and-confer

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:

Motion for teleconference required for discovery disputes

The moving party (i.e., the party seeking relief from the Court) should also file a "Motion For Teleconference To Resolve Discovery Dispute." The suggested text for this motion can be found in Judge Burke's section of the Court's website, in the "Forms" tab, under the heading "Discovery Matters - Motion to Resolve Discovery Dispute."

Early case dispositive motions require leave with 4-page letter brief; responsive briefs limited to 4 pages within 7 days; no reply briefs.

No early motions without leave. No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court. 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.

Parties must file a joint letter and a Motion For Teleconference to resolve discovery disputes after good faith meet-and-confer efforts.

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: Dear Judge Burke: The parties in the above-referenced matter write to request the scheduling of a discovery teleconference. 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): Delaware Counsel: ___________________ Lead Counsel: _______________________ The disputes requiring judicial attention are listed below: [provide here a non-argumentative list of disputes requiring judicial attention] iii. The moving party (i.e., the party seeking relief from the Court) should also file a "Motion For Teleconference To Resolve Discovery Dispute." The suggested text for this motion can be found in Judge Burke's section of the Court's website, in the "Forms" tab, under the heading "Discovery Matters - Motion to Resolve Discovery Dispute."

Parties unable to resolve initial protective order drafting disputes must file a joint letter requesting scheduling of a conference.

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: Dear Judge Burke: The parties in the above-referenced matter write to request the scheduling of a

Briefing schedule for motions to amend: opposition due 7 days after filing, reply due 3 days after opposition.

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... Within three (3) days thereafter, the moving party may file a reply letter...

Case dispositive motions in ANDA cases require party agreement and prior Court approval.

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

Case dispositive motions under Rule 56 cannot be filed more than 10 days before deadline without leave.

No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.

Discovery motions require pre-filing compliance: joint letter requesting teleconference, motion for teleconference, and briefing schedule set by court.

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: [template]. The moving party (i.e., the party seeking relief from the Court) should also file a 'Motion For Teleconference To Resolve Discovery Dispute.' The Court will thereafter set a discovery dispute telephone conference and a briefing schedule.

Parties must file a joint letter and joint motion to request a teleconference for protective order disputes after failed meet-and-confer, with courtesy copy compliance required.

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: Dear Judge Burke: The parties in the above-referenced matter write to request the scheduling of a teleconference to resolve a protective order dispute. 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): Delaware Counsel: ___________________ Lead Counsel: _______________________ The disputes requiring judicial attention are listed below: [provide here a non-argumentative list of disputes requiring judicial attention] The parties shall also file a "Joint Motion For Teleconference To Resolve Protective Order Dispute." The suggested text for this motion can be found in Judge Burke's section of the Court's website, in the "Forms" tab, under the heading "Discovery Matters - Joint Motion to Resolve Protective Order Dispute." The Court will thereafter set a protective order dispute teleconference and a briefing schedule. Along with their respective letter briefs, each side should include as an attachment the side's proposal as to how the content of the disputed portion(s) of the protective order should read. The parties shall also comply with paragraph 5 regarding the submission of courtesy copies; if they fail to do so, the telephone conference may be cancelled.

Early summary judgment motions (more than 10 days before the deadline) require leave of court.

No case dispositive motion under Rule 56 may be filed more than ten (10) days before the above date without leave of the Court.

Pre-motion letter (max 3 pages, 12-point font) required for discovery disputes, filed 72 hours before conference

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-

Discovery disputes require filing a Motion for Teleconference after reasonable efforts to resolve under Local Rule 7.1.1.

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.

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.

Discovery motions and protective order disputes require first filing a Motion for Teleconference before formal motion practice.

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.

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.

Discovery motions require a pre-motion conference; must file a Motion for Teleconference before filing a discovery motion.

Any discovery motion filed without first complying with the following procedures will be denied without prejudice to renew pursuant to these procedures. ... 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 Court will thereafter order a telephone conference and deadlines for submissions.

Motions to amend or strike must follow the discovery dispute procedure (pre-motion conference).

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.

Discovery motions require a pre-motion conference procedure: file a motion for teleconference, then submit a 3-page letter with proposed order and exhibits at least 72 hours before the conference.

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 — 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.' ... 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.

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.

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.

Motion for Discovery required after verbal meet-and-confer fails to resolve discovery/protective order disputes

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:

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

Daubert objections must be filed by dispositive motion deadline

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.

Required

Always

Pre-motion letter (max 4 pages, 12pt font) required 72 hours before conference with proposed order.

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. This submission shall include a proposed order, attached as an exhibit, setting out the nature of the relief requested.

Required

Always

Opposition pre-motion letter (max 4 pages, 12pt font) due 48 hours before conference.

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.

Discovery disputes must be filed as a Joint Motion for Teleconference using specific titling and form; counsel expected to verbally discuss issues before seeking court intervention.

Should counsel find they are unable to resolve a discovery matter or those other matters covered by this paragraph, 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 Disputes." Counsel are expected to verbally discuss the issues/concerns before seeking the Court's intervention.

Parties must file a joint motion for conference to resolve discovery or protective order disputes, after first verbally discussing the issues.

Should counsel find they are unable to resolve a discovery matter or a matter regarding a protective order, the parties shall file a '[Joint] Motion for Conference To Resolve [Protective Order or Discovery] Dispute.' The suggested text for this motion can be found on the court's website in the 'Forms' tab, under the heading 'Discovery Matters–Motion to Resolve Discovery Dispute.' Counsel are expected to first verbally discuss the issues/concerns before seeking the court's intervention.

Counsel must verbally discuss discovery or protective order disputes before filing a motion for court intervention.

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

Sanctions motions under Rule 37 must follow the court's discovery dispute procedures, including the joint motion for conference.

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

Party seeking leave to file early case-dispositive motion must file a 4-page letter brief; opposition must file a 4-page responsive brief within 7 days; no reply briefs permitted.

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.

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.

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.

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.

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.

Multiple summary judgment motions must be numbered (#1, #2, etc.) in desired review order; denied motions halt further review except for exceptional reasons.

Ranking of Summary Judgment Motions. A party that files more than one summary judgment motion shall number each motion to make clear the order in which the party wishes the Court to consider the motions in question. The first motion the party wishes the Court to consider shall be designated #I, the second motion shall be designated #2, and so on. The Court will review the party's summary judgment motions in the order designated by the party. If the Court decides to deny a motion filed by the party, barring exceptional reasons determined sua sponte by the Court, the Court will not review any further summary judgment motions filed by the party.

Multiple Daubert motions must be numbered (#1, #2, etc.) in desired review order; denied motions halt further review except for exceptional reasons; failure to cross-examine after denial reduces trial time.

Daubert motion shall number each motion to make clear the order in which the party wishes the Court to consider the motions in question. The first motion the party wishes the Court to consider shall be designated # 1, the second motion shall be designated #2, and so on. The Court will review the party's Daubert motions in the order designated by the party. If the Court decides to deny a motion filed by the party, barring exceptional reasons determined sua sponte by the Court, the Court will not review any further Daubert motions filed by the party. If the Court denies a Daubert motion and the party that brought the motion does not cross examine the expert witness at trial about the matters raised in the Daubert motion, the Court will reduce by an appropriate amount the time allotted to that party at trial.

Judge will not review summary judgment motions if a previous motion by the same party was denied.

For any summary judgment motion filed by a party after today, as a general rule, I will not review the motion if I have previously denied a summary judgment motion filed by that party in the case.

Required

Always

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.

Required

Always

No Amended Joint Claim Construction Chart required if no agreements reached in meet and confer.

If no agreements on constructions have been reached or if no dispute has been narrowed as a result of the meet and confer, the letter shall so state, and the parties need not file an Amended Joint Claim Construction Chart.

Hearing on case dispositive and Daubert motions scheduled; each side allocated 45 minutes for argument.

The Court will hear argument on all pending case dispositive and Daubert motions on __________, 20___ beginning at __________ [a date approximately two months prior to the requested pretrial conference date]. Unless otherwise ordered by the Court, each side will be allocated a total of forty-five minutes to present its argument on all pending motions.

Post-trial memoranda in support may be filed within 30 days of transcript receipt upon showing good cause.

Upon showing good cause based on a need for the transcript to brief the post-trial issues, Judge Kearney may allow the movant to file the memorandum in support of post-trial relief within thirty days of the receipt of the transcript.

Required

Always

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.

Court may order further briefing after teleconference or may resolve dispute before conference and cancel it.

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.

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.

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.

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.

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.