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Judge Kirk E. Sherriff
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • Hand Delivery
TRO Motions, Preliminary Injunction Motions
- 1 copy
Page & Word Limits1 rule
Briefs must use 12 pt font (footnotes 1 size smaller); moving/opposition briefs limited to 25 pages; reply briefs limited to 15 pages.
- Brief
- Up to 25 pages
- Reply brief
- Up to 15 pages
Exception
More pages with leave of court
Court's wording
All briefs must be submitted using a font of no less than 12 pt. size. Footnotes must be no more than one size smaller than the text size. Moving and opposition briefs and legal memoranda in civil cases shall not exceed 25 pages without prior leave of court. Reply briefs filed by moving parties shall not exceed 15 pages.
Document Filing Requirements4 rules
Administrative relief motions require compliance with Local Rule 233 and proposed order.
- Document
- Administrative relief motion
Must include
- •Proposed order
Court's wording
The parties are required to comply with Local Rule 233 when filing miscellaneous administrative matters. As stated in the rule, such matters may include motions to exceed applicable page limitations, requests to shorten time on a motion, requests to extend a response deadline, and requests to alter a briefing schedule. See L.R. 233. Parties shall comply with all procedural requirements set forth in Local Rule 233, including that a motion for administrative relief be accompanied by a proposed order. L.R. 233(a).
Ex parte applications require affidavit explaining need, inability to obtain stipulation, and why not on regular calendar.
- Document
- Ex parte application
Must include
- •Affidavit
Court's wording
Ex parte applications are typically taken under submission by the Court without oral argument, unless otherwise notified. The filer is required to contact the courtroom deputy and the opposing party prior to the filing of the ex parte application to advise that such an application is being made. In addition, the document(s) must indicate whether an opposition will be filed. The filer shall include an affidavit indicating a satisfactory explanation for the following: (1) the need for the issuance of such an order, (2) the inability of the filer to obtain a stipulation for the issuance of such an order from other counsel or parties in the action, and (3) why such request cannot be noticed on the Court’s civil law and motion calendar as provided by Local Rule 230.
Proposed orders required only for TROs, preliminary injunctions, consent decrees, and bench trial findings.
Court's wording
The parties are not required to submit proposed orders with civil motions set for hearing before Judge Sherriff, with the exception that proposed orders shall be submitted with motions for a temporary restraining order and motions for a preliminary injunction. In addition, parties seeking a consent decree shall provide a proposed consent decree, and parties shall submit proposed findings of fact and conclusions of law following a bench trial. Any such required proposed order shall be submitted in compliance with Local Rule 137(b) and emailed in Microsoft Word format to kesorders@caed.uscourts.gov.
Judge Sherriff does not issue tentative rulings.
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies required for documents over 25 pages (in-person or overnight delivery).
Counsel shall deliver to the Clerk’s Office at the Robert E. Coyle Federal Courthouse (1st floor) clearly marked courtesy copies of all electronically filed documents that exceed 25 pages (including exhibits and attachments), and conformed courtesy copies of all manually filed documents, by in-person delivery or overnight delivery. Courtesy copies of electronically filed documents shall include the ECF date/page stamp at the top of each page. The parties need not provide courtesy copies of answers or shorter pleadings. The sender shall notify any delivery service that the signature of the recipient is not required.
Civil cases
TROs require 24-hour notice; courtesy copies to chambers required for TROs and preliminary injunctions.
Parties seeking emergency or provisional relief shall comply with Federal Rule of Civil Procedure 65 and Local Rule 231. The Court typically will not rule on any application for a TRO for at least twenty-four (24) hours after the party subject to the requested order has been served; such party may file opposing or responding papers in the interim. The parties shall lodge a courtesy copy with chambers of all papers relating to proposed TROs and preliminary injunctions, conformed to reflect that they have been filed.
Civil cases
Pre-Motion Conference Requirements
Pre-filing meet and confer required before motions; certification of efforts required in notice of motion.
Prior to filing a motion in a case in which the parties are represented by counsel, counsel shall engage in a pre-filing meet and confer to discuss thoroughly the substance of the contemplated motion and any potential resolution. Counsel should resolve minor procedural or other non-substantive matters during the meet and confer process so that briefing on motions that proceed to hearing is directed only to those substantive issues requiring resolution by the Court. A notice of motion shall contain a certification by counsel that meet and confer efforts
Civil cases
Discovery motions must be noticed before assigned magistrate judge.
Pursuant to Local Rule 302(c), all discovery motions shall be noticed before the assigned magistrate judge, unless otherwise ordered by the Court.
Civil cases