District of Delaware Pre-Motion Conference Requirements

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

Source text: 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.

Source text: 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

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

Source text: 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.

Source text: 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.

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

Source text: 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.

Source text: 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

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

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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.

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

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

Source text: 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

Source text: 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

Source text: 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 amend require 3-page letter with proposed pleading and blackline

Source text: 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

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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.

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

Source text: 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;

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

Source text: 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.

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

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

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

Source text: 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

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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.

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

Source text: 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

Source text: 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

Source text: 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.

Source text: 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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Source text: 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.

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

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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.

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

Source text: 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.

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

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

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

Replies to motions are encouraged but not mandatory.

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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

Source text: 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

Source text: 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.

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

Source text: 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.