Eastern District of New York Pre-Motion Conference Requirements

Pre-motion conference required for Rule 12, Rule 56, venue change, and Rule 15 motions (except habeas, prisoner, Social Security, and bankruptcy appeals).

Source text: For motions other than discovery motions, in all cases in which the proposed movant is represented by counsel, except habeas corpus/prisoner petitions and Social Security and bankruptcy appeals, a pre-motion conference with the court must be requested before making: i. Any motion pursuant to Fed. R. Civ. P. 12 or 56; ii. Any motion for a change of venue; or iii. Any motion to amend a pleading pursuant to Fed. R. Civ. P. 15 where leave of court is required.

Pre-motion conference letters are limited to 3 pages.

Source text: To request a pre-motion conference, the moving party shall file and serve a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion.

Pre-motion conference required for Rule 12, 56, venue change, or Rule 15 leave motions when all parties are represented.

Source text: In cases where all parties are represented, a pre-motion conference with the court is required before making any of the following motions: i. Any motion pursuant to Rules 12 or 56 of the Federal Rules of Civil Procedure; ii. Any motion for a change of venue; or iii. Any motion to amend a pleading pursuant to Rule 15 of the Federal Rules of Civil Procedure where leave of the court is required.

Pre-motion letter limited to 3 pages; responses due within 7 business days.

Source text: To request a pre-motion conference, the moving party shall submit a letter, not to exceed three (3) pages, setting forth the legal and factual basis for the anticipated motion. Parties must use the “letter” event on ECF, not the “motion” event. All parties so served must file and serve a letter response, not to exceed three (3) pages, within seven (7) business days from service of the pre-motion letter.

Cover letter only filed via ECF "letter" event; papers served but not filed initially.

Source text: To start the briefing process, a notice and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. A copy of the cover letter only – and not the papers themselves – shall be filed electronically using the “letter” event on ECF, not the “motion” event or “notice of motion” event.

Pre-motion letter (max 3 pages) required to request pre-motion conference.

Source text: To request a pre-motion conference, the moving party is to file and serve a letter motion not to exceed three pages setting out the bases for the anticipated motion.

Opposition to pre-motion letter must be filed within 7 days (max 3 pages).

Source text: The opposing party or parties must respond with a letter not to exceed three pages within seven days.

Pre-motion conference required before dispositive motions and venue change motions.

Source text: A pre-motion conference with the Court must be requested before making any of the following motions: i. any dispositive motion; or ii. any motion for a change of venue.

Summary judgment pre-motion letters must include both parties' Rule 56.1 statements.

Source text: If the motion is for summary judgment under Rule 56, the pre-motion conference letter must also include a copy of the movant’s Rule 56.1 Statement and the non-movant’s Rule 56.1 Counterstatement.

Movant must exchange Rule 56.1 statements with opposing counsel before pre-motion conference.

Source text: The movant must exchange its Rule 56.1 statement with opposing counsel, and obtain opposing counsel’s counterstatement before requesting a pre-motion conference.

Movant must submit both parties' Rule 56.1 statements with pre-motion conference request.

Source text: The movant must submit a copy of both parties’ statements in accordance with Rule 4B.i., below.

Pre-motion conference required before summary judgment motion.

Source text: The moving party must request a pre-motion conference in advance of a motion for summary judgment.

Summary judgment pre-motion letter (max 3 pages) must include both parties' LR 56.1 statements.

Source text: The movant should file a letter, not to exceed 3 pages, explaining the basis for its motion and should attach: (i) the moving party’s Local Rule 56.1 Statement, and (ii) the opposing party’s counterstatement, in one document, as described above.

Briefing schedule set at pre-motion conference or directly by court; no changes without approval.

Source text: At the pre-motion conference, if the movant decides to make a motion, the Court will set a briefing schedule. If the Court determines that a pre-motion conference is unnecessary, a motion schedule will be set without a pre-motion conference. No changes to the schedule may be made without court approval.

Audio/video exhibits require short letter motion for leave to file via Box.com.

Source text: To file an audio or video exhibit, a party must submit a short letter motion requesting leave to file the digital exhibit. If the Court grants the motion, it will provide instructions on how to file the exhibit on the Court’s Box.com account.

Discovery motions require joint pre-motion letter describing meet and confer efforts.

Source text: For discovery motions, counsel must first describe their disputes in a single letter, jointly composed. Separate and successive letters will not be reviewed. Strict adherence to Fed.R.Civ.P. 37(a)(1), the meet and confer rule, is required, and should be described in the joint submission as to time, place and duration, naming the counsel involved in the discussion.

Pre-motion conference required for most motions except specified exceptions.

Source text: For all other motions except (1) for provisional remedies, reconsideration, and post-judgment relief, (2) motions in habeas corpus, social security, and bankruptcy appeals, (3) motions for attorneys’ fees, (4) motions in limine, (5) motions for sanctions, and (6) motions by non-parties or proposed intervenors, a pre-motion conference is required before a party may file any motion.

Pre-motion letter (max 3 pages) required, with 5-day response period.

Source text: Parties must request a pre-motion conference in writing by ECF. The moving party shall submit a detailed letter not to exceed three pages in length setting forth the basis for the anticipated motion and simultaneously serve the request on all counsel. Parties so served shall serve and file a detailed letter response, not to exceed three pages, within five days from service of the notification letter, unless the Court directs otherwise.

Pre-motion conference required for most motions except specified exceptions.

Source text: Pre-Motion Conferences in Civil Cases. For discovery motions, follow Local Civil Rules 37.3 and 6.4. A pre-motion conference with the Court is required before making any motions, except: when one or more of the parties is pro se; when the case is a habeas corpus petition, a prisoner petition, a social security appeal, or bankruptcy appeal; when it is a motion for a temporary restraining order or preliminary injunction; or, upon notice to the Court, when waiting to file a motion could result in the loss of a right.

Pre-motion letter limited to 3 pages; response due within 7 days.

Source text: To arrange a pre-motion conference, the moving party shall submit a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion. All parties so served must serve and file a letter response, not to exceed three (3) pages, within seven days from service of the notification letter.

Parties must submit briefing schedule for court approval; changes require approval.

Source text: The parties are to set up their own briefing schedule and submit it to the Court for approval. No changes to the schedule may be made without Court approval. Approval may be given at the pre-motion conference or by subsequent letter.

Pre-motion conference requests are required for Daubert and Rules 12/56 motions, with listed case-type and pro se exceptions, and pro se cases must submit a joint proposed briefing schedule instead.

Source text: Required for Daubert motions and motions under Fed. R. Civ. P. 12 or 56 in all cases except bankruptcy appeals, social security appeals, habeas corpus/prisoner petition cases, or cases in which one or more parties are proceeding pro se. For cases in which one or more parties are proceeding pro se, joint proposed briefing schedule required in lieu of pre-motion conference request.

Daubert and Rule 12 pre-motion letters and responses are limited to three pages, responses are due within one week, and Rule 12 responses must address leave to amend.

Source text: For Daubert motions and motions under Fed. R. Civ. P. 12: Three (3) pages for letter requesting pre-motion conference. Three (3) pages for response, due within one (1) week. For motions under Fed. R. Civ. P. 12, response must state whether party will seek leave to amend.

Rule 56 pre-motion letters and responses are capped at three pages, Rule 56.1 statements are required on both sides, and the response package is due within two weeks.

Source text: For motions under Fed. R. Civ. P. 56: Three (3) pages for letters requesting pre-motion conference. Rule 56.1 Statement required. Three (3) pages for response. Responsive Rule 56.1 Statement required. Response letter and responsive Rule 56.1 Statement due within two (2) weeks.

Motions in limine must be filed thirty days before trial, and responses are due ten days after filing.

Source text: File motions in limine. Responses due ten (10) days after motion filed.

Pre-motion conferences are required before Rule 12, Rule 56, and Daubert motions in civil cases, except in specified exempt categories.

Source text: Pre-motion conferences are not required in bankruptcy appeals, social security appeals, habeas corpus/prisoner petition cases, or cases in which one or more parties are proceeding pro se. In all other cases, a party must request a pre-motion conference with the Court before filing any motion pursuant to Fed. R. Civ. P. 12 or 56, or before filing a Daubert motion.

A pre-motion conference request must be made by a letter from the moving party limited to three pages and stating the basis for the anticipated motion.

Source text: To request a pre-motion conference, the moving party must file and serve a letter, not to exceed three (3) pages, setting out the bases for the anticipated motion.

For Rule 56 motions, the moving party must file a Rule 56.1 statement with the pre-motion letter and file cited evidence as declaration exhibits.

Source text: For motions pursuant to Fed. R. Civ. P. 56: At the time the moving party files its pre-motion conference letter, the moving party must also file a statement of material facts on motion for summary judgment (“Rule 56.1 Statement”) in the form set forth in Local Civil Rule 56.1. Any evidence cited in a party’s Rule 56.1 Statement must be attached as an exhibit to a declaration and filed along with the party’s Rule 56.1 Statement.

Any party served with a pre-motion conference letter must file and serve a response letter.

Source text: All parties served with the moving party’s pre-motion conference letter are required to serve and file a letter response.

For Daubert and Rule 12 motions, response letters are due within one week, limited to three pages, and must include amendment-position details for anticipated dismissal motions.

Source text: For Daubert motions and motions pursuant to Fed. R. Civ. P. 12: All parties served with the moving party’s pre-motion conference letter are required to serve and file a letter response within one (1) week of service of the moving party’s letter. The response shall not exceed three (3) pages. When a party responds to a pre-motion letter in anticipation of a motion to dismiss, the party must state whether it will seek leave to amend in light of one or more of the alleged pleading defects and must indicate the nature of any contemplated amendment.

For Rule 56 motions, response letters are due within two weeks, capped at three pages, and must include a responsive Rule 56.1 statement with cited evidence attached as exhibits.

Source text: For motions pursuant to Fed. R. Civ. P. 56: All parties served with the moving party’s pre-motion conference letter are required to serve and file a letter response within two (2) weeks of service of the moving party’s letter. The response shall not exceed three (3) pages. The responding party must also file a responsive Rule 56.1 Statement in the form set forth in Local Civil Rule 56.1. Any evidence cited in a party’s responsive Rule 56.1 Statement must be attached as an exhibit to a declaration and filed along with the party’s responsive Rule 56.1 Statement.

Section III.A pre-motion procedures apply only to Daubert, Rule 12, and Rule 56 motions, and do not require pre-motion letters for Rule 50, 59, or 60 motions.

Source text: The provisions of this section (III.A) of these Individual Practice Rules do not apply to motions other than Daubert motions and motions filed pursuant to Fed. R. Civ. P. 12 or 56. For example, letters requesting pre-motion conferences are not required for motions pursuant to Fed. R. Civ. P. 50, 59, or 60.

Except for emergency motions, parties must wait for a court-entered briefing schedule before serving motion papers, cannot change that schedule without court approval, and may not file sur-replies.

Source text: Except for motions seeking emergency relief, parties may not serve motion papers before the Court enters a briefing schedule. No changes in a briefing schedule may be made without the Court’s approval. Sur-replies are not permitted.

Motions in limine must be filed 30 days before trial, responses are due 10 days after filing, and replies are not allowed unless the Court orders otherwise.

Source text: Unless otherwise ordered by the Court, any motions addressing evidentiary or other issues that should be resolved in limine shall be filed thirty (30) days before the commencement of trial; a motion response, if any, is due ten (10) days after the motion is filed. Replies are not permitted.

In criminal motions, parties must wait for a court-set briefing schedule before serving motion papers, and schedule changes require court approval.

Source text: Parties may not serve motion papers before the Court enters a briefing schedule. No changes in a briefing schedule may be made without the Court’s approval.

Discovery motions must follow Local Civil Rules 6.4 and 37.3 and the assigned magistrate judge’s individual rules.

Source text: For discovery motions, follow Local Civil Rules 6.4 and 37.3, and the Individual Rules and Practices of the assigned U.S. Magistrate Judge.

Premotion conferences are required for motions not listed as exempt, with strict pre-motion letter limits, response timing, and no reply or exhibits.

Source text: Premotion conferences are NOT REQUIRED for the following: (a) motions in lieu of an answer pursuant to Fed. R. Civ. P. 12(b); (b) objections to U.S. Magistrate Judge Reports and Recommendations pursuant to Fed. R. Civ. P. 72; (c) motions for default judgment; (d) appeals from U.S. Magistrate Judge orders; (e) motions for reconsideration/reargument; (f) motions for sanctions; (h) motions to stay the case; and (i) motions to reopen a case. Requests for premotion conferences as to all other motions are required. To request a premotion conference, the moving party must file a letter motion, not to exceed three (3) single-spaced pages (including signatures), briefly setting forth the basis for the anticipated motion. The respondent must file a letter response, not to exceed three (3) single- spaced pages, within seven (7) days from service of the premotion conference request. REPLIES ARE NOT PERMITTED. DO NOT ATTACH EXHIBITS OR EXCEED THE PAGE LIMIT. FILINGS THAT DO NOT CONFORM TO THESE REQUIREMENTS WILL BE STRICKEN SUMMARILY.

Default judgment motions are exempt from the pre-motion conference requirement.

Source text: No premotion conference is required to move for default judgment.

Motions in limine require a pre-motion conference request before filing the JPTO.

Source text: Proposed motions addressing evidentiary or other issues to be resolved in limine must be addressed prior to filing the JPTO by requesting a premotion conference.

When all parties are represented, pre-motion conferences are required before FRCP 12, FRCP 56, and venue-change motions.

Source text: In cases where all parties are represented by counsel, a pre-motion conference with the Court must be requested before making any motion: (i) pursuant to FRCP 12 or 56; or (ii) for a change of venue.

Pre-motion requests and responses must be letter submissions capped at three pages, with responses due within seven days.

Source text: To request a pre-motion conference, the moving party shall serve and file, as a “Motion for a Pre Motion Conference,” a letter, not to exceed three pages, setting forth the factual and legal basis for the anticipated motion. All parties so served shall serve and file a letter response, not to exceed three pages, within seven days from service.

FRCP 56 pre-motion conference requests must be made within 30 days after close-of-discovery certification, absent court order or good cause.

Source text: Any request for a pre-motion conference concerning a FRCP 56 motion for summary judgment must be made within 30 days of the certification of the close of discovery, unless otherwise ordered or for good cause shown.

Parties must obtain court approval of the motion schedule before serving motion papers and cannot change that schedule without a court order.

Source text: No party is to serve any motion paper prior to obtaining court approval of the schedule. No changes to the approved schedule may be made without court order.

Pre-motion conference and full-briefing-before-filing requirements are waived when strict deadlines must be met to preserve rights.

Source text: As indicated above, these individual practices do not require a pre-motion conference or that a motion be fully briefed before it is filed when strictly enforced time limits must be met to preserve rights.

In criminal cases, contemplated motions must be raised at a status conference or by a written pre-motion conference request stating grounds before filing.

Source text: Counsel shall advise the Court of any contemplated motion at a status conference scheduled by the Court. If no status conference is scheduled, counsel shall request a pre-motion conference in writing and briefly state the grounds for such motion, before filing any motion.

In criminal cases, motions in limine are due 14 days before jury selection, responses are due five days later, and oral argument is scheduled at the Court’s convenience.

Source text: Motions in limine addressing evidentiary or other trial management issues in dispute must be filed no later than 14 days before the date fixed for commencement of jury selection. Responses, if any, shall be due five days later. Oral arguments shall be scheduled at the convenience of the Court.

Pre-motion conference required before Rule 12/56 motions and venue changes, except for certain case types.

Source text: Except in the case of habeas corpus / prisoner petitions, Social Security appeals, bankruptcy appeals, and post-trial motions, parties that are represented by counsel must request a pre-motion conference with the Court before making: (i) any motion pursuant to Fed. R. Civ. P. 12 or 56 or (ii) any motion for a change of venue.

Motions in limine must be filed 30 days before jury selection.

Source text: Each party shall file the following thirty days before the date fixed for commencement of jury selection: Motions addressing any evidentiary or other trial-related issues that should be resolved in limine.

Responses to motions in limine are due 10 days after filing.

Source text: Responses, if any, are due ten days after the date the motion is filed, unless otherwise ordered.

Motions in limine are due 30 days before jury selection, responses are due 10 days after filing, and replies are not due unless the Court requests them.

Source text: Motions in limine addressing evidentiary or other trial management issues in dispute must be filed no later than thirty days before the date fixed for commencement of jury selection. Responses, if any, are due ten days after the date the motion is filed, unless otherwise ordered. No reply briefs should be due on motions in limine unless the Court requests them.

A pre-motion conference is required before filing motions, with discovery motions and listed case categories excluded from this requirement.

Source text: For discovery motions, follow Local Civil Rules 37.3 and 6.4. For motions other habeas corpus/prisoner petitions and Social Security and Bankruptcy appeals, a pre-motion conference with the court must be requested before making any motions.

A pre-motion conference request requires a moving-party letter of up to 3 pages, and other parties may optionally file a response letter of up to 3 pages within 7 days.

Source text: To request a pre-motion conference, the moving party shall submit a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion. All parties so served may, but are not required to, serve and file a letter response, not to exceed three (3) pages within seven (7) days from service of the notification letter.

Pre-motion conferences are required for motions, subject to exceptions, and are scheduled by letter request.

Source text: Yes (with exceptions); scheduled via Letter Request

A pre-motion letter requesting a pre-motion conference is required before filing any motion returnable before Judge Brown.

Source text: Before filing any motion returnable before Judge Brown, the movant is required to file a letter briefly outlining the motion and requesting a pre-motion conference.

A summary judgment movant must submit a Rule 56.1 statement with evidentiary citations together with the pre-motion letter.

Source text: Along with the pre-motion letter described above, a party moving for summary judgment must also include a Local Civil Rule 56.1 Statement containing evidentiary citations.

Before seeking a pretrial conference or filing non-dispositive pre-trial motions, parties must meet and confer to try to narrow disputes.

Source text: Consistent with Rule 37.3 of the Local Rules, prior to seeking a pretrial conference or filing any non-dispositive pre-trial motions, the parties are to meet and confer in an effort to reach agreement with respect to these submissions or narrow the scope of the request.

Civil discovery disputes require a single jointly composed pre-motion letter capped at five pages, and separate/successive letters are not accepted.

Source text: For discovery motions, follow Local Civil Rule 37.3. However, in lieu of separate letters by the parties, counsel must describe their dispute(s) in a single letter, jointly composed. The letter may not exceed five pages. Separate and successive letters will not be reviewed.

A detailed pre-motion letter of up to three pages is required before filing non-discovery motions.

Source text: A pre-motion letter is required before a party may file any non-discovery motion, except for motions described in Section IV.A.2.a, below. The moving party shall submit a detailed letter not to exceed three pages in length setting forth the basis for the anticipated motion.

For Rule 56 motions, the movant must include a Rule 56.1 statement with the pre-motion letter.

Source text: If the motion is for summary judgment under Rule 56, the movant’s pre- motion letter must also include a copy of the movant’s Rule 56.1 Statement (see Section IV.B.7, below, regarding requirements for the statement and opposing statement).

Response letters are due within five business days for non-summary-judgment pre-motion letters.

Source text: All parties served with a moving party’s pre-motion letter are required to serve and file a letter response within five business days of service of the moving party’s letter unless the motion is for summary judgment.

For summary-judgment pre-motion letters, response letters are due within 21 days of service.

Source text: All parties served with a pre-motion letter seeking summary judgment are required to serve and file a letter response within 21 days of service of the moving party’s letter.

Pre-motion letters for summary judgment and Daubert-type expert-exclusion motions must be filed within 30 days after fact or expert discovery closes, whichever is later.

Source text: Pre-motion letters related to any proposed motions for summary judgment or motions to exclude the testimony of experts pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases shall be filed 30 days after the completion of fact or expert discovery, whichever occurs later.

The moving party is not permitted to file a reply letter in the pre-motion letter process.

Source text: The moving party may not file a reply letter.

Cross-motions are prohibited, and motions omitted from timely pre-motion letters will not be considered.

Source text: There shall be no cross-motions. Any motions not raised in a pre-motion letter by the relevant deadline will not be considered.

Motions in limine must be filed 30 days before trial, oppositions are due 10 business days after filing, all in limine motions must be consolidated, and replies are barred unless the Court orders otherwise.

Source text: Any motions addressing evidentiary or other issues which should be resolved in limine shall be filed 30 days before the commencement of trial, unless otherwise ordered by the Court. Any responses are due 10 business days after the motions are filed. All motions in limine by a party must be filed in a single submission. Replies to motions in limine are not permitted.

Daubert expert-exclusion motions must follow dispositive-motion deadlines and are not treated as motions in limine.

Source text: Motions to exclude the testimony of experts pursuant to Rules 702–705 of the Federal Rules of Evidence and the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases, shall be made by the deadline for dispositive motions and shall not be treated as motions in limine.

A pre-motion conference is required for motions (with listed exceptions), and pre-motion letters and responses are capped at 3 pages with responses due in 7 days.

Source text: Required before making any motion except for those listed in the rule. Moving party shall file a letter not to exceed 3 pages. Responses (not to exceed 3 pages) are due within 7 days.

Pre-motion conferences are generally required before motions to Judge Azrack, with 3-page letter/response requirements, specific exemptions, and court-discretion exceptions.

Source text: Except as noted below, a pre-motion conference is required before making any motion addressed to Judge Azrack. To arrange a pre-motion conference, the moving party shall file (via ECF) a letter not to exceed three pages in length setting forth the basis or bases for the anticipated motion. All parties so served must file a letter response (also via ECF), not to exceed three pages, within seven days of service. Service of a pre-motion letter by the moving party within the time requirements established by statute or the Federal Rules of Civil Procedure for the filing of a motion (such as FRCP 12), shall constitute timely service of the motion. No pre-motion conference is required for motions pursuant to FRCP 50, 52, 59, and 60, habeas corpus/prisoner petitions, Social Security and Bankruptcy appeals, objections to Reports and Recommendations by Magistrate Judges, motions for default judgment, motions to remand, and motions filed by pro se parties. In some cases, it will be apparent from the letter requesting a pre-motion conference that such a conference will not be a useful expenditure of the parties’ time, and a motion schedule will be set without a pre-motion conference. Additionally, counsel should note that, in appropriate cases, the pre-motion letter along with counsel’s argument at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself.

If a motion requires a pre-motion conference request, the Court sets the briefing schedule at that conference; otherwise parties must submit a proposed briefing schedule.

Source text: For motions in which a pre-motion conference request is required, if the motion goes forward, the Court will set a briefing schedule at the pre-motion conference. For all other motions, the parties shall submit a proposed briefing schedule to the Court.

When strict time limits are necessary to preserve rights, pre-motion conference and pre-filing full-briefing requirements do not apply.

Source text: As indicated above, these practices do not require a pre-motion conference or that a motion be fully briefed before it is filed when strictly enforced time limits must be met to preserve rights.

In civil cases, Rule 12 dismissal and Rule 56 summary-judgment motions require a pre-motion conference, and the Court may set briefing at that conference.

Source text: Pre-Motion Conference Requests in Civil Cases are required for dismissal motions pursuant Rule 12 of the Federal Rules of Civil Procedure and summary judgment motions pursuant to Rule 56 of the Federal Rules of Civil Procedure. If warranted, the Court will set a briefing schedule for proposed motion(s) at the pre-motion conference.

A pre-motion conference request must be made by a letter motion capped at four pages and must briefly state the basis for the anticipated motion.

Source text: To request a pre-motion conference, the moving party shall file a letter motion of no more than four (4) pages, briefly stating the basis for the anticipated underlying motion.

Filing a pre-motion request does not stay deadlines, except that a request tied to a proposed motion to dismiss stays the defendant’s time to answer or otherwise move.

Source text: The filing of a pre-motion conference request does not stay any future deadlines, except that such a motion concerning a proposed motion to dismiss will stay the defendant’s time to answer or otherwise move with respect to the Complaint.

Pre-motion conference requests must be filed before the dispositive-motion deadline set by the assigned Magistrate Judge.

Source text: The parties shall adhere to the deadlines set by the assigned Magistrate Judge and shall file pre-motion conference requests prior to the set deadline for filing dispositive motions.

For proposed motions to dismiss, the pre-motion response is due within seven days after receipt of the movant’s request.

Source text: Responses to pre-motion conference requests regarding proposed motions to dismiss are to be filed no later than seven (7) days after receipt of the movant’s pre-motion conference request.

For proposed summary-judgment motions, the pre-motion response is due within twenty-one days and Local Civil Rule 56.1 compliance is required.

Source text: Responses to pre-motion conference requests regarding motions for summary judgment are to be filed no later than twenty-one (21) days after receipt of the movant’s pre-motion conference request. Adherence to Local Civil Rule 56.1 is required.

A party seeking summary-judgment leave must file a Local Rule 56.1 statement together with the pre-motion conference request.

Source text: Along with the required pre-motion conference request, any party seeking leave to file a motion for summary judgment must also file a Local Rule 56.1 Statement.

The opposing party must serve a Rule 56.1(b) counterstatement within twenty-one days after receiving the movant’s Rule 56.1 statement.

Source text: Within twenty-one (21) days after receipt of the movant’s Rule 56.1 Statement, the party opposing the pre-motion conference request must serve the movant with a counterstatement pursuant to Local Rule 56.1(b).

A pre-motion conference is required before filing motions, except for listed habeas, default, social security, and bankruptcy matters.

Source text: A pre-motion conference with the Court is required before the filing of any motion with the exception of habeas corpus petitions, default motions, social security, and bankruptcy appeals.

The moving party must submit a pre-motion letter (max three pages) stating the motion basis and proposed briefing schedule.

Source text: To arrange a pre-motion conference, the moving party shall submit a letter not exceeding three (3) pages setting forth the basis for the motion and a proposed briefing schedule.

Responses to pre-motion letters are limited to three pages due within three business days, and replies are barred absent specific authorization.

Source text: All parties so served shall submit a response not to exceed three (3) pages within three business days. Replies are not permitted unless specifically authorized.

Summary judgment pre-motion conference requests require a 56.1 statement (except pro se), with 15 business days for response, 10 business days for reply 56.1, and no reply letter.

Source text: Except for pro se parties, pre-motion conference requests regarding an intended motion for summary judgment must be accompanied by a statement pursuant to Local Civil Rule 56.1, also known as the 56.1 Statement, 56.1 Counterstatement, and 56.1 Reply. Non-moving parties shall have fifteen (15) business days from service of a pre-motion letter and accompanying 56.1 statement to respond to each. Parties shall have ten (10) business days from receipt of an opposing 56.1 statement to file a reply 56.1 statement. No reply letter shall be permitted.

Parties must obtain Court approval of the briefing schedule before serving motion papers, either at a pre-motion conference or by subsequent ECF letter.

Source text: No changes in the approved schedule may be made without prior Court approval. Approval of the briefing schedule may be sought at the pre-motion conference or by subsequent letter filed by ECF. No party is to serve any motion papers prior to obtaining court approval for the schedule.

In civil cases, parties must request a pre-motion conference before Rule 12, Rule 56, venue-change, or Rule 15-leave motions, with stated exceptions.

Source text: Except habeas corpus/prisoner petitions, Social Security appeals, bankruptcy appeals, and post-trial motions, parties must request a pre-motion conference with the Court before making: a) any motion pursuant to Rule 12 or 56; b) any motion for a change of venue; or c) any motion to amend a pleading pursuant to Rule 15 where leave of the Court is required.

A moving party seeking a pre-motion conference must file and serve a pre-motion letter capped at three pages that states the motion basis, and timely Rule 12 pre-motion service counts as timely Rule 12(b) motion service.

Source text: To request a pre-motion conference, moving parties must file and serve a letter not to exceed three (3) pages stating the basis for the motion. Service of a pre-motion letter by the moving party within the time requirements of Rule 12 shall constitute timely service of a motion made pursuant to Rule 12(b)

Unless modified by the summary-judgment subsection, non-movants must file a pre-motion response letter within five business days, limited to three pages.

Source text: Except as provided in Section III.A.6 below, regarding motions for summary judgment, within five (5) business days from service of a pre-motion letter, the non-movant must file a letter response not to exceed three (3) pages either opposing the motion or advising the Court that it does not intend to oppose the motion.

For Rule 56 motions, the pre-motion letter deadline is fifteen business days after discovery closes unless the Court orders otherwise.

Source text: Unless otherwise ordered by the Court, the deadline to submit a pre-motion letter for a motion pursuant to Rule 56 shall be fifteen (15) business days after the close of discovery.

Parties have 15 business days to respond to a pre-motion letter and accompanying 56.1 statement.

Source text: Parties shall have fifteen (15) business days from service of a pre-motion letter and accompanying 56.1 statement to respond to each.

Parties have 10 business days to file a reply 56.1 statement, and reply letters are not allowed.

Source text: Parties shall have ten (10) business days from receipt of an opposing 56.1 statement to file a reply 56.1 statement. No reply letter shall be permitted.

Motion papers cannot be served before the Court enters a briefing schedule, and schedule changes require Court approval.

Source text: Parties may not serve motion papers before the Court enters a briefing schedule. No changes in a briefing schedule may be made without the Court’s approval.

Appeals of magistrate discovery determinations are due within 14 days, oppositions are due within 14 days after service, and replies are not allowed unless the Court requests one.

Source text: Timing: Unless otherwise ordered by the Court, any appeal of a Magistrate Judge’s discovery determination must be served upon all parties and filed with the Court within fourteen (14) days of the challenged determination. Any party opposing such appeal shall file its opposition, if any, within fourteen (14) days of service of any appeal. Parties are not permitted a reply as of right. Should the Court desire a reply letter or additional briefing, the Court shall inform the parties.

Counsel must raise anticipated motions at a status conference or request a written pre-motion conference request stating grounds if no status conference is set.

Source text: Counsel must advise the Court of any motions they want to file at a status conference scheduled by the Court. If no status conference has been scheduled, counsel must request a pre-motion conference in writing and briefly state the grounds for any anticipated motion.

A moving party must file a brief pre-motion letter, and other parties may optionally respond within five business days.

Source text: To arrange a pre-motion conference, the moving party must submit a brief letter setting forth the basis for the anticipated motion. All parties served may, but are not required to, serve and file a brief letter response within five (5) business days from service of the notification letter.

Motion papers cannot be served until the Court sets a briefing schedule after the pre-motion conference, and schedule changes require Court approval.

Source text: The Court will order briefing schedules for motions. Parties should anticipate a schedule that will require the filing of their motion within a short time after the pre-motion conference (usually two weeks). Parties may not serve motion papers before the Court enters a briefing schedule. No changes in a briefing schedule may be made without the Court’s approval.

For motions in limine, responses are due in ten business days, replies are not allowed, and oral argument is scheduled only if the Court deems it necessary.

Source text: Responses, if any, will be due ten (10) business days later. Replies to motions in limine are not permitted. Oral argument, if necessary, shall be scheduled at the convenience of the Court.

Pre-motion conference required before filing Rule 12, Rule 56, venue change, compel arbitration, or remand motions, with exemptions for habeas, prisoner, social security, and bankruptcy cases.

Source text: In all cases in which the proposed movant is represented by counsel (except habeas corpus/prisoner petitions, social security appeals, and bankruptcy appeals), a pre-motion conference with the Court must be requested before making: a. any motion pursuant to Fed. R. Civ. P. 12 or 56; b. any motion for a change of venue; c. any motion to compel arbitration; or d. any motion to remand a removed case to state court.

Pre-motion letter limited to 3 pages; opposing response limited to 3 pages and due within 7 days.

Source text: To request a pre-motion conference, the moving party shall file a letter-motion not to exceed three (3) pages in length setting forth the basis for the anticipated motion. Opposing parties, including pro se parties, shall file a response, not to exceed three (3) pages, within seven (7) days.

Rule 56 pre-motion letters must attach LR 56.1 statement; responses must attach counter-statement.

Source text: Pre-motion letters regarding an anticipated Rule 56 motion must attach a statement of material facts in the form set forth in Local Civil Rule 56.1. Pre-motion responses must attach a counter-statement of material facts directly responding to the movant's 56.1 Statement and in the form set forth in Local Rule 56.1.

Pre-motion conference required for dispositive motions (except default judgment), change of venue, and FRCP 15 motions to amend.

Source text: Except as provided in Rule IV(A)(5) below, for any dispositive motion (except a motion for default judgment), motion for a change of venue, or motion to amend a pleading pursuant to Fed. R. Civ. P. 15 (where leave of court is needed), a pre-motion conference is required.

Movant must write requesting pre-motion conference with brief description; opposing party may file letter; submissions due 2 business days before conference.

Source text: The movant shall write to the court requesting such conference, with a brief description of the grounds for such motion. Opposition to requests for a pre-motion conference will not be considered; however, the party that will oppose the contemplated motion may file a brief letter setting forth its position on the issues identified in the movant's submission. All parties must file their submissions at least two business days before the pre-motion conference.

Parties may not serve motion papers before obtaining court approval for the briefing schedule.

Source text: No party is to serve any motion papers prior to obtaining court approval for the schedule.

Pre-motion conference required for dispositive motions and venue change motions (except discovery motions, habeas/prisoner cases, Social Security/Bankruptcy appeals).

Source text: For motions other than discovery motions, in all cases where the parties are represented by counsel and in other than habeas corpus/prisoner petitions and Social Security and Bankruptcy appeals, a pre-motion conference with the court is required before making any dispositive motion, or motion for a change of venue.

Pre-motion conference letter limited to 3 pages; response letter limited to 3 pages within 7 days.

Source text: To arrange a pre-motion conference, the moving party shall serve and file a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion. All parties so served must serve and file a letter response, not to exceed three (3) pages within seven (7) days from service of the notification letter.

Parties cannot serve motion papers until court approves the briefing schedule.

Source text: No party is to serve any motion papers prior to obtaining court approval for the schedule.

Pre-motion conferences required for Rule 12, Rule 56, venue change, and Rule 15 motions, except in bankruptcy/social security/habeas appeals or pro se cases.

Source text: Pre-motion conferences are not required in bankruptcy appeals, social security appeals, habeas cases, or cases in which one or more parties are proceeding pro se. In all other cases, a party must request a pre-motion conference before filing: 5.1.1.1. Any motion pursuant to Federal Rule of Civil Procedure 12 or 56; 5.1.1.2. Any motion for a change of venue; or 5.1.1.3. A motion to amend a pleading pursuant to Federal Rule of Civil Procedure 15 when leave of court is required.

Pre-motion conference letters limited to 4 pages (6 pages for Rule 56 motions).

Source text: To request a pre-motion conference, the moving party is to file and serve a pre-motion conference letter set-ting out the bases for the anticipated motion. The pre-motion conference letter shall not exceed four pages, except for pre-motion conference letters re-lated to Rule 56 motions for summary judgment, which may not exceed six pages.

Non-Rule 56 pre-motion conference letters require a response within 5 business days, limited to 4 pages.

Source text: All parties served with the moving party's pre-motion conference letter are required to serve and file a letter response within five (5) business days of service of the moving party's letter, except for motions under Federal Rule of Civil Procedure 56. The response to all pre-motion conference letters other than those filed under Rule 56 shall not exceed four pages.

Rule 56 pre-motion conference letters require a response within 14 business days, limited to 6 pages.

Source text: Rule 56 motions. All parties served with the moving party's pre-motion conference letter are required to serve and file a letter response within fourteen (14) business days of service of the moving party's letter. Responses to pre-motion conference letters under Rule 56 shall not exceed six pages.

When pre-motion conference is waived, parties must submit joint letter with proposed briefing schedule within 3 days.

Source text: If the Court notifies the parties that it has waived the pre-motion conference requirement, the parties shall confer on a proposed briefing schedule and provide it to the Court by joint letter within three days of such notification.

For motions exempt from bundling and pre-motion conference, moving party must confer and submit proposed briefing schedule before filing.

Source text: For motions not subject to the Court's bundling practice (see Individual Rule 5.2.3) or its pre-motion conference requirement (see Individual Rule 5.1.1), the moving party shall confer with the opposing party or parties and submit a proposed briefing schedule for the Court to approve prior to filing the motion.

If parties do not propose a briefing schedule, they must follow Local Civil Rule 6.1(b) timing absent good cause.

Source text: If the parties do not propose a briefing schedule, absent a showing of good cause, the parties shall brief the motion under the timetables listed in Local Civil Rule 6.1(b).

Moving party must submit proposed briefing schedule with explanatory letter when parties cannot agree.

Source text: If the parties cannot agree on a briefing schedule, then the moving party shall submit a proposed schedule to the Court with an accompanying letter explaining the parties' points of disagreement.

Parties must confer before initial pretrial conference about anticipated motions in limine.

Source text: Prior to the initial pretrial conference, the parties are expected to confer with one another about the issues raised in each of the opposing party's anticipated motions in limine to determine if it is necessary to brief any contested motion(s) to the Court.

Pre-motion conference required for specific motion types including Rule 12, 56, 15, venue change, arbitration, remand, and expert challenges.

Source text: A moving party represented by counsel (except habeas corpus petitions, and Social Security and bankruptcy appeals) must request a pre-motion conference with the Court before making any motion: (i) pursuant to Fed. R. Civ. P. 12 or 56, (ii) to amend pleadings pursuant to Fed. R. Civ. P. 15 if leave of the Court is required, (iii) for a change of venue, (iv) to compel arbitration, (v) to remand a removed case to State court, and (vi) to challenge expert testimony.

Rule 56 motions require Local Rule 56.1 statement with pre-motion letter.

Source text: If the letter relates to filing a motion made pursuant to Fed. R. Civ. P. 56, the moving party must also submit a Local Rule 56.1 statement along with their letter requesting a pre-motion conference.

Pre-motion conference required for Rule 12, Rule 56, Rule 15 leave, venue change, arbitration, remand, and Daubert motions.

Source text: In all cases in which the moving party is represented by counsel (except habeas corpus petitions and Social Security and bankruptcy appeals), the moving party must request a pre-motion conference with the Court before making any motion: (i) pursuant to Fed. R. Civ. P. 12 or 56, (ii) to amend pleadings pursuant to Fed. R. Civ. P. 15 if leave of the Court is required, (iii) for a change of venue, (iv) to compel arbitration, (v) to remand a removed case to state court, and (vi) to challenge expert testimony under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).

Parties must meet and confer before filing any motion or requesting a pre-motion conference.

Source text: All parties must meet and confer with their adversaries prior to filing a motion or a request for a pre-motion conference.

Failure to attend required settlement conference precludes filing Rule 56 motions.

Source text: Failure to request and attend such a conference precludes a party from filing a motion pursuant to Fed. R. Civ. P. 56.

Pre-motion letter motion limited to 3 single-spaced pages required to request conference.

Source text: To request a pre-motion conference, the moving party shall file and serve a letter motion not to exceed three (3) single-spaced pages in length setting forth the basis for the anticipated motion.

Letter response to pre-motion letter limited to 3 single-spaced pages, due within 7 days.

Source text: Except for pro se litigants, all parties so served shall serve and file a letter response, not to exceed three (3) single-spaced pages within seven (7) days from service of the notification letter.

Pre-motion letters for Rule 56 and Daubert motions must be filed within 10 business days after discovery completion.

Source text: Pre-motion conference letters related to any proposed motions for summary judgment or motions to exclude the testimony of experts pursuant to Rules 702-705 of the Federal Rules of Evidence and the Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) line of cases shall be filed no later than ten business days after the completion of fact or expert discovery, whichever occurs later.

Rule 56 summary judgment motions require good faith participation in a settlement conference with the magistrate judge before the Court will grant a briefing schedule.

Source text: However, as noted above, the Court will not grant any party's request for a briefing schedule for a motion pursuant to Fed. R. Civ. P. 56 unless the parties have participated, in good faith, in a settlement conference with the assigned magistrate judge. See Individual Rule 5.1.1.

For anticipated Rule 56 motions, pre-motion conference letters must include LR 56.1 statements from both the movant and the opposing party.

Source text: 5. 5. 1. E v e r y l ett e r m oti o n i n s u p p o rt of a p r e-m oti o n c o nf e r e n c e c o n c e r ni n g a p a rt y’ s a nti ci p at e d fili n g of a m oti o n p u r s u a nt t o F e d. R. Ci v. P. 5 6 s h all i n cl u d e a L o c al R ul e 5 6. 1 st at e m e nt. A p a rt y o p p o si n g t h e r e q u e st f o r s u c h a p r e -m oti o n c o nf e r e n c e s h all i n cl u d e a n o p p o si n g L o c al R ul e 5 6. 1 st at e m e nt wit h t h ei r l ett e r r e s p o n s e .

Before a TRO motion, the party must file an ECF letter (under seal if ex parte) addressing notice/consent or Rule 65(b)(1) no-notice grounds.

Source text: A s s o o n a s a p a rt y d e ci d e s t o s e e k a t e m p o r a r y r e st r ai ni n g o r d e r, t h at p a rt y m u st fil e a l ett e r o n E C F ( u n d e r s e al if p r o c e e di n g e x p a rt e) a n d st at e cl e a rl y : ( 1) w h et h e r a n d h o w it h a s n otifi e d it s a d v e r s a r y a n d w h et h e r t h e a d v ers ar y c o n s e nt s t o t e m p o r a r y i nj u n cti v e r eli ef; o r ( 2) w h y t h e r e q ui r e m e nt s of F e d e r al R ul e of Ci vil P r o c e d u r e 6 5( b)( 1) a r e s ati sfi e d a n d n o n oti c e i s n e c e s s a r y.

A party seeking a restraining order must identify a mutually agreeable hearing time with the adversary so the Court can hear from both sides before deciding temporary injunctive relief.

Source text: r eli ef, t h e p a rt y s e e ki n g a r e st r ai ni n g o r d e r m u st i d e ntif y a ti m e m ut u all y a g r e ea bl e t o it a n d t h e a d v e r s a r y i n w hi c h t h e C o u rt m a y h e a r t h e a p pli c ati o n , s o t h at t h e C o u rt m a y h a v e t h e b e n efit of a d v o c a c y f r o m b ot h si d e s i n d e ci di n g w h et h e r t o g r a nt t e m- p o r a r y i nj u n cti v e r eli ef .

The Court will not discuss the JPTO unless parties first participate in a good-faith settlement conference with the assigned magistrate judge, and failure to do so is not grounds for a JPTO deadline extension.

Source text: H o w e v e r, t h e C o u r t will n o t m e e t wi t h t h e p a r ti e s t o di s c u s s t h e J P T O u n- l e s s t h e p a r ti e s h a v e p a r ti ci p a t e d, i n g o o d f ai t h, i n a s e t tl e m e n t c o nf e r e n c e wi t h t h e a s si g n e d m a gi s t r a t e j u d g e i n c o m pli a n c e wi t h I n di vi d u al R ul e 5. 1. 1. T h e p a r ti e s ’ f ail u r e t o p a r ti ci p a t e i n s u c h a s e t tl e m e n t c o nf e r e n c e i s n o t a b a si s t o r e q u e s t a n e x t e n si o n of t h e d e a dli n e t o fil e t h e J P T O .

Oppositions to motions in limine must be filed within 7 days of the joint pre-trial order.

Source text: R e s p o n s e s i n o p p o siti o n t o a m oti o n i n li mi n e s h all b e fil e d wit hi n s e v e n ( 7) d a y s of t h e j oi nt p r e -t ri al o r d e r.

Before a Rule 56 briefing schedule or JPTO conference, parties must first participate in a good-faith settlement conference with the assigned magistrate judge.

Source text: T h e C o u rt will n ot i s s u e a b ri efi n g s c h e d ul e o n a m oti o n u n d e r F e d. R. Ci v. P. 5 6 o r h ol d a c o nf e r e n c e c o n c e r ni n g t h e J P T O u nl e s s t h e p a rti e s h a v e p a rti ci p at e d, i n g o o d f ait h, i n a s ettl e m e nt c o nf e r e n c e wit h t h e a s si g n e d m a gi st r at e j u d g e.

In cases with a pro se litigant, counsel must submit a proposed briefing schedule for all motions under Individual Rule 5.2.2.

Source text: E n s u r e t h at a p r o p o s e d b ri efi n g s c h e d ul e i s s u b mitt e d t o t h e C o u rt f o r all m oti o n s p u r s u a nt t o I n di vi d u al R ul e 5. 2. 2.

In civil cases, represented movants must request a pre-motion conference before filing specified non-discovery motions, with listed case-type exceptions.

Source text: For motions other than discovery motions, in all cases in which the proposed movant is represented by counsel (except habeas corpus/prisoner petitions, Social Security appeals, and bankruptcy appeals), a pre-motion conference with the Court must be requested before making:

Pre-motion request letters are limited to 3 pages, and response letters are also limited to 3 pages and due within 7 days.

Source text: To request a pre-motion conference, the moving party shall file and serve a letter not to exceed three (3) pages in length setting forth the basis for the anticipated motion. All parties served shall serve and file a letter response, not to exceed three (3) pages within seven (7) days from service of the notification letter.

For summary judgment, pre-motion response-letter timing follows the Counter 56.1 schedule and reply letters are prohibited.

Source text: For motions for summary judgment, the timing of all responses to pre-motion letters in connection with motions for summary judgment shall be governed by timing set forth at Section III, Part C(1), infra. That is, responsive letters should be filed with the serving of the Counter 56.1 Statement. No reply letters are allowed.

Responses to pre-motion requests must be filed under the ECF Letter event, not the pre-motion conference event.

Source text: Responding parties should file a response using the ECF “Letter” event and not the “Motion for a Pre-Motion Conference” event.

For intended summary judgment motions, pre-motion conference requests must include a Local Rule 56.1 statement, except for pro se parties.

Source text: Except for pro se parties, pre-motion conference requests regarding an intended motion for summary judgment must be accompanied by a statement pursuant to Local Civil Rule 56.1, also known as the 56.1 Statement.

In summary judgment pre-motion practice, responses are due in 15 business days, 56.1 reply statements in 10 business days, and reply letters are not allowed.

Source text: Non-moving parties shall have 15 business days from service of a pre-motion letter and accompanying 56.1 Statement to respond to each. parties shall have 10 business days from receipt of a 56.1 Counter Statement to file a 56.1 Reply Statement. No reply letter shall be permitted.

Parties must submit a joint briefing schedule for Court approval, and no schedule changes are allowed without Court approval.

Source text: The parties are to work together to set their own briefing schedule and submit it to the Court for approval. Approval may be given at the pre-motion conference or by subsequent order. No changes to the briefing schedule may be made without Court approval.

For motions with strictly enforced deadlines needed to preserve rights, no pre-motion conference or full-briefing-before-filing requirement applies.

Source text: As indicated above, these practices do not require a pre-motion conference or that a motion be fully briefed before it is filed when strictly enforced time limits must be met to preserve rights.

In criminal cases, counsel must raise intended motions at a status conference, or request a written pre-motion conference stating grounds if no status conference is set.

Source text: Counsel shall advise the Court of any motions they want to file at a status conference scheduled by the Court. If no status conference has been scheduled, counsel shall request a pre-motion conference in writing and briefly state the grounds for such motion.

Criminal motion papers cannot be served before a court-ordered briefing schedule, and schedule changes require court approval.

Source text: The Court will order briefing schedules for motions. Parties may not serve motion papers before the Court enters a briefing schedule. No changes in a briefing schedule may be made without the Court’s approval.

Civil appeals of magistrate discovery determinations have 14-day appeal and opposition deadlines, no reply as of right, and any further reply/briefing only by court direction.

Source text: Unless otherwise ordered by the Court, any appeal of a magistrate judge’s discovery determination must be served upon all parties and filed with the Court within 14 days of the challenged determination. Any party opposing such an appeal shall file its opposition, if any, within 14 days of service of any appeal. Parties are not permitted a reply as of right. Should the Court desire a reply letter or additional briefing, the Court shall inform the parties.

In limine motions must be filed at least 30 days before jury selection, with responses due 14 days after filing, and parties must propose a briefing schedule.

Source text: The parties shall propose their own briefing schedule on any motions addressing evidentiary or other issues that should be resolved in limine, provided that all such motions are filed at least 30 days before the commencement of jury selection. Any responses are due 14 days after the motions are filed.

Expert-evidence exclusion motions (including Daubert motions) must be filed at least 45 days before jury selection, and responses are due 14 days after filing.

Source text: Motions to exclude or limit the testimony of experts pursuant to Rules 702–705 of the Federal Rules of Evidence, including but not limited to motions to exclude scientific or technical evidence under the Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) line of cases, shall be filed at least 45 days before the commencement of jury selection. Responses are due 14 days after the motion is filed.

Counseled civil parties must request a pre-motion conference before specified Rule 12/56 and similar listed motions, with stated case-type exceptions.

Source text: In all cases in which the moving party is represented by counsel (except habeas corpus/prisoner petitions and Social Security and bankruptcy appeals), a pre-motion conference with the court must be requested before making any motion: (i) pursuant to Fed. R. Civ. P. 12 or 56; (ii) for a change of venue; (iii) to compel arbitration; (iv) to remand a removed case to State court; and (v) to challenge expert testimony under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).

Pre-motion conference requests require a 3-page letter motion stating the anticipated motion basis, and non-pro se recipients must file a 3-page response within 7 days.

Source text: To request a pre-motion conference, the moving party shall file and serve a letter motion not to exceed three (3) pages in length setting forth the basis for the anticipated motion. Letter motions should be filed using the motion event via ECF. Except for pro se litigants, all parties so served shall serve and file a letter response, not to exceed three (3) pages within seven (7) days from service of the notification letter. Letter responses should be filed using the letter, and not the motion, event.

Pre-motion conferences are required for specified civil motions, with explicit exemptions for certain case categories and pro se matters.

Source text: Required for motions under Fed. R. Civ. P. 12 or 56, motions to change venue, and motions to amend pleadings pursuant to Fed. R. Civ. P. 15 if leave of the Court is required, in all cases except bankruptcy appeals, social security appeals, habeas cases, or cases in which one or more parties are proceeding pro se.

Except in listed exempt case categories, pre-motion conferences are required before specified Rule 12, Rule 56, venue-change, and Rule 15 leave motions.

Source text: Pre-motion conferences are not required in bankruptcy appeals, social security appeals, habeas cases, or cases in which one or more parties are proceeding pro se. In all other cases, a party must request a pre-motion conference before filing: a) Any motion pursuant to Federal Rule of Civil Procedure 12 or 56; b) Any motion for a change of venue; or c) A motion to amend a pleading pursuant to Rule 15 when leave of court is required.

A pre-motion conference request must be made by a served letter of no more than three pages explaining the anticipated motion basis.

Source text: To request a pre-motion conference, the moving party is to file and serve a letter, not to exceed three pages, setting out the bases for the anticipated motion.

Rule 56 pre-motion letters must include the movant’s Local Rule 56.1 statement.

Source text: If the motion is for summary judgment under Rule 56, the movant’s pre-motion conference letter must also include a copy of the movant’s Local Rule 56.1 statement.

Parties receiving a pre-motion-conference letter must file a response within five business days, limited to three pages.

Source text: All parties served with the moving party’s pre-motion-conference letter are required to serve and file a letter response within five business days of service of the moving party’s letter. The response shall not exceed three pages.

For proposed Rule 56 motions, the response pre-motion letter must include a Local Rule 56.1 counterstatement.

Source text: If the movant is seeking to file a motion for summary judgment under Rule 56, the nonmovant’s response letter must include the nonmovant’s Local Rule 56.1 counterstatement.

Motions in limine must be filed 30 days before trial and responses are due two weeks later, unless the Court orders otherwise.

Source text: 1. Any motions addressing evidentiary or other issues that should be resolved in limine shall be filed 30 days before the commencement of trial, unless otherwise ordered by the Court. Any responses are due two weeks after the motions are filed.

Pre-motion conferences are required before specified motions in covered cases, with exemptions for bankruptcy, social security, habeas, and pro se matters.

Source text: Pre-motion conferences are not required in bankruptcy appeals, social security appeals, habeas cases, or cases in which one or more parties are proceeding pro se. In all other cases, a party must request a pre-motion conference before filing: a) Any motions pursuant to Rules 12, 19-21, 23-25, and 56 of the Federal Rules of Civil Procedure; b) Motions to stay; c) Motions to remand to state court; and d) Motions to compel arbitration;

A pre-motion request requires a letter capped at four pages, with additional Rule 56.1 materials for summary judgment motions, and timely service of the letter counts as timely service of the motion under Rules 12 or 56.

Source text: To request a pre-motion conference, the moving party is to file and serve a letter, not to exceed four (4) pages, setting out the bases for the anticipated motion. If the motion is for summary judgment under Rule 56, the movant’s pre-motion conference letter must also include a copy of the movant’s Local Rule 56.1 statement and all exhibits in support of the anticipated motion. Each assertion in the Local Rule 56.1 statement must include a citation to specific evidentiary support from the record. Service of that letter within the time requirements of Federal Rule of Civil Procedure 12 or 56 shall constitute timely service of a motion made pursuant to those provisions.

Parties must file a pre-motion response within five business days, limited to three pages, and include a Rule 56.1 counterstatement for Rule 56 motions.

Source text: All parties served with the moving party’s pre-motion-conference letter are required to serve and file a letter response within five (5) business days of service of the moving party’s letter. The response shall not exceed three (3) pages. If the movant is seeking to file a motion for summary judgment under Rule 56, the nonmovant’s response letter must include the nonmovant’s Local Rule 56.1 counterstatement.

Motions in limine must be filed 30 days before trial, and responses are due 2 weeks after filing unless the Court orders otherwise.

Source text: Any motions addressing evidentiary or other issues that should be resolved in limine shall be filed thirty (30) days before the commencement of trial, unless otherwise ordered by the Court. Any responses are due two (2) weeks after the motions are filed.

In civil cases, dispositive and venue-change motions require a pre-motion conference, with a 3-page pre-motion letter and 7-day responses (also capped at 3 pages), subject to listed exceptions.

Source text: A pre-motion conference with the Court is required before any dispositive motions or motions for change of venue are filed, except when one or more of the parties is pro se or the case is a habeas corpus petition, a prisoner petition, a Social Security appeal, or a bankruptcy appeal. To arrange a pre-motion conference, the moving party must submit a letter of no longer than three pages that sets forth the basis for the anticipated motion. All parties served with this letter must respond in writing within seven days; these responses shall not exceed three pages.

Parties must set a briefing schedule before serving motion papers, and court approval is required for the schedule and any changes.

Source text: Before serving motion papers, parties must set a briefing schedule. The schedule must be approved by the Court at the pre-motion conference or in writing thereafter. No changes to the schedule may be made without Court approval.

Pre-motion conferences are required only for non-venue Rule 12 motions.

Source text: Required only for non-venue Rule 12 motions.

A pre-motion settlement conference is required before filing summary judgment motions.

Source text: Summary Judgment Motions: Pre-motion settlement conference required.

Rule 12 motions require pre-motion conference with 1750-word letters; non-moving party has 7 days to respond; no replies; counsel must appear.

Source text: Premotion conferences are required for all motions brought pursuant to Rule 12, except for those motions which must be made via letter-motion. No other motion requires a premotion conference. To arrange for such a conference, the moving party should file a letter not exceeding 1750 words setting forth the basis for the motion. No later than seven days following ECF service, the non-moving party may file a letter not exceeding 1750 words opposing the request and contesting the basis for the motion. Replies are not permitted. Counsel who authored and signed the premotion conference letter (or response) must appear at any conference held on the request.

A settlement conference with the assigned magistrate judge is mandatory before filing any motion for summary judgment; telephone conferences do not comply.

Source text: Effective October 1, 2025, any party seeking to file a motion for summary judgment must first have had a settlement conference with the assigned magistrate judge. Failure to request and attend such a conference precludes a party from moving for summary judgment. A party opposing summary judgment may not decline to participate in a settlement conference requested by the moving party, and doing so is grounds for sanctions. See United States v. U.S. Dist. Ct. for N. Mariana I., 694 F.3d 1051, 1057 (9th Cir. 2012) ("[T]he district court has broad authority to compel participation in mandatory settlement conference."); Bulkmatic Transp. Co. v. Pappas, No. 99-CV-12070, 2002 WL 975625, at *2 (S.D.N.Y. May 9, 2002) ("[I]t is well established that a court can require parties to appear for a settlement conference, and impose sanctions pursuant to Rule 16(f) if a party fails to do so.") (collecting cases). Attending a private mediation or one arranged through the EDNY's mediation program does not satisfy this requirement. The assigned magistrate judge is empowered to hold the conference via video or in-person (telephone conferences do not comply with this requirement). This requirement does not apply to those cases exempt from Rule 16 scheduling orders under Local Civil Rule 16.1.

Proposed summary judgment briefing schedule must be submitted within 30 days after close of discovery or the right is waived.

Source text: Unless ordered otherwise by either Judge Bulsara or the assigned Magistrate Judge, the deadline to submit a proposed summary judgment briefing schedule is 30 days following the close of all discovery. Failure to abide by this deadline will result in waiver of the right to make a summary judgment motion. See Fed. R. Civ. P. 56(b). The schedule must contain the date of the settlement conference required by Section VI.H.1.

Motions in limine briefing schedule: oppositions due 14 days after opening brief, replies due 7 days after opposition.

Source text: Each party must file a single memorandum of law, addressing all motions in limine filed by that party, and absent leave of Court, subject to the page and format limitations in Section VI.E above. Oppositions to the motions in limine are due no later than 14 days following the filing of the opening brief, with reply papers to follow no later than 7 days thereafter.

Motions in limine must be filed 45 days before trial, opposition 14 days later, reply 7 days after that.

Source text: Any motions in limine, including those directed at evidentiary issues, must be filed no later than 45 days prior to the date of trial, with any opposition due 14 days later, and any reply 7 days thereafter.

A pre-motion conference is mandatory before filing specified motions, including Rule 12, Rule 56, venue change, arbitration, Rule 24 intervention, and Rule 15 leave-to-amend motions.

Source text: A pre-motion conference with the Court must be requested before making any motion: (i) pursuant to Federal Rule of Civil Procedure (“FRCP”) 12 or 56; (ii) for a change of venue; (iii) to compel arbitration; (iv) to intervene pursuant to FRCP 24, or (v) to amend a pleading pursuant to FRCP 15 where leave of the Court is required.

A pre-motion conference request requires a three-page letter stating the motion basis, and optional responses are limited to three pages within five business days.

Source text: To request a pre-motion conference, the moving party shall serve on all other parties and electronically file a letter not to exceed three pages in length stating the basis for the anticipated motion. All parties so served may, but are not required to, serve and file a letter response not to exceed three pages, within five business days from service of the notification letter.

For Rule 12 timing purposes, the pre-motion conference letter is treated as the motion itself.

Source text: For purposes of the timing requirements for motions permitted under FRCP 12, a pre-motion conference letter requesting permission to file a motion under that Rule shall be considered equivalent of the motion itself.

After the Rule 12 pre-motion decision order, plaintiffs have 21 days to amend as of right; amendments after that require leave under Rule 15(a)(2).

Source text: For timing purposes under FRCP 15, the plaintiff will be allowed to amend the complaint as a matter of right within twenty-one (21) days of entry of the Order on ECF stating the decision allowing or disallowing the filing of the first Rule 12 motion. In the event the plaintiff desires to amend the complaint beyond that twenty-one (21) day period, plaintiff must seek leave of the Court to file an amended complaint pursuant to FRCP 15(a)(2).

Rule 56 motions must be made within 30 days of discovery completion absent good cause, and a timely pre-motion letter satisfies timely service.

Source text: No motion for summary judgment pursuant to FRCP 56 may be made later than thirty (30) days after discovery has been certified as complete except for good cause shown. Service of a pre-motion letter within that time period will constitute timely service of a motion for summary judgment under that Rule.

Default judgment motions must be noticed after the certificate of default is docketed and set returnable 20 days after service of notice.

Source text: Notwithstanding any other rule, all motions for default judgment shall be noticed after the Clerk of Court has docketed the certificate of default and shall be returnable twenty (20) days after the notice of motion shall have been served.

Parties must obtain Court approval of a briefing schedule before serving motion papers, and schedule changes require court order.

Source text: The parties are to set up their own briefing schedule and submit it to the Court for approval. No party is to serve any motion paper prior to obtaining court approval for the schedule. No changes to the approved schedule may be made without court order.

In criminal cases, counsel must raise contemplated motions at a status conference or submit a written pre-motion conference request stating the grounds before filing.

Source text: Counsel shall advise the Court of any contemplated motion at a status conference scheduled by the Court. If no status conference is scheduled, counsel shall request a pre-motion conference in writing and briefly state the grounds for such motion before filing any motion.

Sentencing applications must be filed in writing by defense counsel at least five business days before sentencing, and any government response is due at least two business days before sentencing.

Source text: Applications regarding sentencing shall be made in writing by defense counsel at least five (5) business days prior to the date of sentencing. The Government’s response, if any, shall be made in writing at least two (2) business days before the date of sentencing.

Civil motions in limine must be filed by the stated pretrial deadline, with responses due five days later unless otherwise ordered.

Source text: Unless otherwise ordered by the Court, fifteen (15) days before the date of commencement of the trial, if such a date has been fixed, or thirty (30) days after the filing of the final pre-trial order if no trial date has been fixed, the parties shall file: 1. Motions in limine addressing evidentiary or other trial management issues in dispute. Responses, if any, shall be due five (5) days later unless otherwise ordered by the Court. Oral argument, if necessary, shall be scheduled at the convenience of the Court.

Rule 16 conference scheduled after Rule 26 conference.

Source text: The court will schedule a Rule 16 initial conference after issue is joined and the parties have had the opportunity to conduct a Rule 26 conference.

Discovery motions require phone conference with chambers before filing; letter motions not accepted.

Source text: this court by calling chambers at (631) 712-5710. Attorneys may not bring a discovery motion before the court until they have complied with these rules. This court does not accept letter motions unless authorized to do so after the telephone conference is held.

Pre-motion conference required for non-discovery motions; 2-page letter request with 7-day response.

Source text: For all other motions where parties are represented by counsel, a pre-motion conference is necessary. A pre-motion conference can be requested by way of an electronically filed letter. Such letters are to be filed as ECF motions seeking a court conference. Letters requesting pre-motion conferences shall state, in brief, the grounds for the motion, shall not exceed two pages, and shall not include affidavits or exhibits. All parties served with a pre-motion letter shall serve and file a letter response, not to exceed two pages, within seven days from service of the pre-motion conference letter.

Pre-motion conference required for motion in limine issues raised two weeks before jury selection.

Source text: Unless otherwise ordered by this court, two weeks prior to the date set for jury selection, each party shall file: i. A statement of issues that any party intends to raise as a motion in limine. In the event that any such issues are raised, the Court will schedule a pre-motion conference.

Summary judgment requires Rule 56.1 statement followed by counter-statement within 7 business days

Source text: Any party wishing to make a motion for summary judgment must first serve upon all parties a statement pursuant to Local Civil Rule 56.1 ("Rule 56.1") setting forth those items about which there is no material issue of fact. Each statement of material fact must be followed by a citation to evidence which would be admissible, as set forth and required by Rule 56(e) of the Federal Rules of Civil Procedure. All parties receiving such a Rule 56.1 statement and wishing to oppose the motion must serve on the movant, within seven (7) business days of receiving the movant's Rule 56.1 statement, an original and two copies of a counter-statement pursuant to Rule 56.1 setting forth those items about which there exists a genuine issue of material fact. Again, a statement of material fact must be followed by a citation to evidence which would be admissible, as set forth and required by Rule 56(e) of the Federal Rules of Civil Procedure.

Pre-motion conference request letter limited to 2 pages with Rule 56 statements

Source text: After receiving the counter-statement pursuant to Rule 56, should the movant still wish to move for summary judgment, the movant is directed to write to the Court and request a pre-motion conference. In no more than two (2) pages, the letter should briefly state the basis for the anticipated motion. The letter shall also contain a copy of the Rule 56 statement and the non-movant's counter-statement. The pre-motion conference date will be set by the Court.

Before seeking court intervention on a discovery dispute, parties must file a joint pre-motion letter requesting an informal discovery conference with specified content.

Source text: If the parties are unable to resolve a discovery dispute themselves, the parties must write to the Court and describe their dispute in a single, joint letter, filed on ECF as a “Motion” for an informal discovery conference. The letter shall begin with a brief statement of the claims and defenses at issue in the case and must describe the parties’ efforts to confer and resolve the dispute without court intervention as required by Fed. R. Civ. P. 37(a)(1).

Letter-motion practice requires an opposition within four days and does not permit replies.

Source text: A response not exceeding 1,500 words double spaced including footnotes, in length, exclusive of attachments, must be served and filed within four (4) days of receipt of the letter motion. Replies are not permitted on letter motions.

Rule 12 and Rule 56 dispositive motions require a pre-motion letter and a pre-motion conference motion.

Source text: For any dispositive motion that is to be made before Judge Wicks -- either for a Report and Recommendation or for all purposes in a consent case -- service of the pre-motion letter motion within the time requirements of Fed. R. Civ. P. Rules 12 or 56 shall constitute timely service of a motion made pursuant to those provisions. The parties shall file a motion for a pre-motion conference on all dispositive (Rule 12 or 56) motions as set forth herein.

Parties must submit an agreed proposed briefing schedule with the pre-motion letter, cannot file papers until court approval, and opposing letters are due within five business days except for summary judgment motions.

Source text: The parties must also submit a proposed briefing schedule that has been agreed upon by the parties, which may be attached to the letter and shall not count toward the word count. The briefing schedule is subject to approval by the Court and no papers may be filed until such approval is given. Opposing letters shall be within five (5) business days, with the exception of motions for summary judgment, which shall follow the timing as set forth below.

A summary judgment movant must file a Local Civil Rule 56.1 statement with evidentiary citations together with the pre-motion letter.

Source text: 56.1 Statement: Along with the pre-motion letter described above, a party moving for summary judgment must also include a Local Civil Rule 56.1 Statement containing evidentiary citations.

In summary judgment practice, the opposing party must respond within 15 days with a pre-motion response letter and Rule 56.1 response, and the moving party must respond to additional Rule 56.1(b) paragraphs within 7 days.

Source text: Within fifteen (15) days of the filing of the Local Civil Rule 56.1 Statement and the pre-motion conference letter, the party opposing summary judgment shall file a pre-motion letter response and Local Civil Rule 56.1 Response containing evidentiary citations. To the extent the party opposing summary judgment presents additional paragraphs as set out in Local Rule 56.1(b), the moving party shall file a response to these additional paragraphs containing evidentiary citations within seven (7) days.

Discovery disputes require joint letter (max 3 pages per party).

Source text: In the event the parties are unable to resolve a discovery dispute, the parties must write to the Court and describe their dispute in a single letter, jointly composed. Each party's portion of the joint submission shall be limited to three pages. See Local Civil Rule 37.3(c).

For objected pro hac vice motions, opposition is due two business days before return date and replies are not allowed.

Source text: If any party objects to the motion, opposition papers must be served and filed at least two (2) business days prior to the return date. No reply papers are permitted.

Before discovery motions, parties must confer in good faith and, if unresolved, file a jointly composed single dispute letter on ECF as a motion.

Source text: Parties must make a good faith effort to resolve disputes before making any discovery motion. See Fed. R. Civ. P. 37(a)(1); Local Civil Rule 37.2. In the event that the parties are unable to resolve a discovery dispute, the parties must write to the Court and describe their dispute in a single letter, jointly composed. The joint letter shall be filed on ECF as a “Motion” (not a “Letter”).

Dispositive motions go to the presiding District Judge unless the parties have consented to Judge Marutollo or the court directs otherwise.

Source text: Dispositive motions, such as motions to dismiss and motions for summary judgment, must be made to the presiding District Judge, in accordance with his or her Individual Practices and Rules, unless the parties have consented to Judge Marutollo for all purposes in accordance with 28 U.S.C. § 636(c)(1) or the Court has noted otherwise.

Pre-motion conferences are required for specified dispositive and related motions except in Social Security, habeas, and pro se matters.

Source text: Pre-motion conferences are not required in Social Security appeals, habeas cases, or cases in which one or more parties are proceeding pro se. In all other cases, a party must request a pre-motion conference before filing any dispositive motion pursuant to Fed. R. Civ. P. 12 or 56; any motion for a change of venue; or a motion to amend a pleading pursuant to Fed. R. Civ. P. 15 when leave of court is required.

A party requesting a pre-motion conference must file a pre-motion letter capped at three pages with legal citations and a brief motion overview.

Source text: To request a pre-motion conference, the moving party is to file and serve a pre-motion conference letter, not to exceed three (3) pages, setting forth the basis for the anticipated motion. The letter shall include citations to relevant authority and should provide a brief overview of the anticipated motion.

Opposing parties must respond to pre-motion letters within five business days in a three-page response, include specified Rule 12 response positions, and may not file replies.

Source text: All parties served with the moving party’s pre-motion conference letter are required to serve and file a letter response within five (5) business days of service of the moving party’s letter, unless otherwise ordered by the Court. The response shall not exceed three (3) pages. When a party responds to a pre-motion conference letter in anticipation of a motion to dismiss, they should state whether they intend to: file an amended complaint as of right, pursuant to Fed. R. Civ. P. Rule 15(a)(1)(B); seek leave to amend in light of one or more alleged pleading defects; or proceed to briefing on the contemplated motion. Replies are not permitted.

A party may bypass timing aspects of these practices and file within federal-rule deadlines if delay would forfeit a substantive right, but must include an explanatory basis.

Source text: If any party concludes in good faith that delaying the filing of a motion, in order to comply with any aspect of these Individual Practices and Rules, will deprive the party of a substantive right, the party may file the motion within the time required by the Federal Rules of Civil or Appellate Procedure, together with an explanation of the basis for that conclusion.

In limine motions must be filed 30 days before trial, responses are due 7 days later, and oral argument is scheduled when needed.

Source text: All motions addressing any evidentiary or other issues that should be resolved in limine shall be filed at least thirty (30) days before the trial. Responses, if any, shall be due seven (7) days later. Oral argument will be scheduled if necessary.

Parties must meet and confer in good faith before filing a discovery motion, and noncompliance can lead to denial.

Source text: Before making a discovery motion, parties must meet and confer, and make a good faith effort to resolve any disputes. Failure to comply with this requirement will result in denial of the motion.

For dispositive motions, parties must seek a pre-motion conference by letter, with five-page limits for request and response, a seven-day response deadline, and no reply letters without permission.

Source text: A letter motion requesting a pre-motion conference is required before any dispositive motion may be filed. The request must be accompanied by a summary of the proposed motion, not to exceed five (5) pages. The opposing party must file a letter response within seven (7) days, not to exceed five (5) pages. Reply letters are prohibited absent permission of the Court.

Pre-motion conference letter (max 3 pages) required before filing any dispositive motion.

Source text: Pre-Motion Conference. A letter motion (not to exceed three (3) pages) requesting a pre-motion conference is required before any dispositive motion may be filed.

Pre-motion letter responses due within 7 days; affidavits, exhibits, and replies are not permitted.

Source text: Letter responses are permitted and must be filed within seven (7) days of the request. Affidavits and exhibits to the letter motion and responses are not permitted. Replies are not permitted.

In limine motion opposition due 10 business days before trial; reply due 5 days before trial.

Source text: Opposition, if any, shall be filed ten (10) business days prior to trial, with a courtesy copy to Chambers. Replies, if any, should be made in the same manner five (5) days prior to trial.

Parties must make good faith efforts to resolve discovery disputes before filing a motion.

Source text: Before making a discovery motion, parties must make a good faith effort, pursuant to Local Civil Rule 26.4 and Fed. R. Civ. P. 37(a)(1), to resolve disputes, including discussion by contemporaneous means (e.g., telephone, video conference, and/or in person).

Pro hac vice motions must be filed at least 7 days before the return date.

Source text: A motion for admission pro hac vice, together with a proposed order admitting the attorney pro hac vice, shall be served and filed electronically at least seven (7) days prior to the return date designated in the notice of motion.

Opposition to pro hac vice motions due 2 days before return date; reply papers not permitted.

Source text: If any party objects to the motion, opposition papers must be served and filed at least two (2) days prior to the return date. No reply papers are permitted.

Proposed Joint Pretrial Order must be submitted within 60 days after discovery completion.

Source text: Unless otherwise ordered by the Court, within sixty (60) days after the date of the completion of discovery in a civil case, the parties must submit to the Court via ECF a proposed Joint Pretrial Order.

Parties must attempt to resolve discovery disputes in good faith before filing a discovery motion.

Source text: Parties must make a good-faith effort to resolve disputes before making any discovery motion.

Unresolved discovery disputes must be presented in a single joint ECF filing requesting an informal discovery conference.

Source text: If the parties are unable to resolve a discovery dispute themselves, the parties must write to the Court and describe their dispute in a single, joint letter, filed on ECF as a “Motion” for an informal discovery conference.

Counsel must confer in person or by telephone before seeking court intervention on a discovery dispute.

Source text: Counsel are required to discuss their disputes with one another in person or by telephone before seeking judicial intervention.

Before filing a non-dispositive non-discovery motion, the movant must notify other parties at least two days in advance and offer an opportunity to consent.

Source text: At least two days prior to filing a non-dispositive non-discovery motion, the moving party must contact the other parties to inform them of the moving party’s intent to file the motion and give the non-moving parties the opportunity to consent.

Oppositions to non-dispositive non-discovery motions are due in 10 business days, and replies are due 5 business days later, unless otherwise ordered.

Source text: Unless otherwise ordered by the Court, responses in opposition to a non-dispositive non-discovery motion must be filed within ten (10) business days after the motion is filed. Replies must be filed within five (5) business days after the response is filed.

For dispositive motions on consent before Judge Kuo, a pre-motion conference request is required with a 3-page motion summary, 3-page responses due in 5 business days, no replies, and modifiable response timing.

Source text: A motion requesting a pre-motion conference is required before any dispositive motion may be filed. The request must be accompanied by a summary of the proposed motion, not to exceed three (3) pages. Responses are limited to three (3) pages and must be filed within five (5) business days of the request. Replies are not permitted. The time in which to respond may be modified at the request of the parties or sua sponte.

Before a discovery motion proceeds, parties must submit a jointly composed single letter describing the dispute.

Source text: In the event the parties are unable to resolve a discovery dispute, the parties must write to the Court and describe their dispute in a single letter, jointly composed.

In consent cases, dispositive motions generally require a pre-motion conference, with 3-page pre-motion and response letters and a 7-day response deadline, subject to stated exemptions.

Source text: In such cases, a pre-motion conference with Judge Levy is required before making any dispositive motion, unless the moving party is not represented by counsel, or the case stems from a habeas corpus/prisoner petition or social security or bankruptcy appeal. The pre-motion conference may be conducted by telephone with the permission of the Court. i. To arrange a pre-motion conference, the moving party shall submit a letter not to exceed three (3) pages in length setting forth the basis of the anticipated motion. All parties so served must serve and file a letter response, not to exceed three (3) pages within seven (7) days of the service of the notification letter.

Before judicial intervention on other discovery disputes, parties must file a single joint letter on ECF as a motion seeking a discovery conference.

Source text: For all other discovery disputes requiring judicial intervention, the parties must file a single letter, jointly composed. The letter should be filed on ECF using the “motion” event, describing the motion as seeking a discovery conference.

Discovery-dispute joint letters must include the dispute nature, each party’s factual/legal position, and good-faith meet-and-confer efforts.

Source text: The letter must describe (1) the nature of the dispute; (2) each party’s position regarding the facts and law surrounding the dispute; and (3) a description of the parties’ efforts to resolve the dispute in good faith prior to filing the motion.

Pre-motion conferences are mandatory before specified dispositive and venue/amendment motions, except in Social Security and habeas cases.

Source text: Pre-motion conferences are not required in Social Security appeals or habeas cases. In all other cases, a party must request a pre-motion conference before filing any dispositive motion pursuant to Fed. R. Civ. P. 12 or 56; any motion for a change of venue; or a motion to amend a pleading pursuant to Fed. R. Civ. P. 15 when leave of court is required.

Filing a pre-motion letter for leave to make a pre-answer dismissal motion stays the deadline to answer or otherwise move against the complaint until the conference date.

Source text: A party’s submission of a pre-motion letter seeking leave to file a pre-answer motion to dismiss will stay that party’s obligation to answer or move against the complaint through the date of the pre-motion conference.

Opposing parties must file a response letter within five business days, limited to three pages, and no replies are allowed.

Source text: All parties served with the moving party’s pre-motion conference letter are required to serve and file a letter response within five (5) business days of service of the moving party’s letter, unless otherwise ordered by the Court. The response shall not exceed three (3) pages. Replies are not permitted.

For anticipated Rule 56 motions, no full Local Rule 56.1 statement is required with the pre-motion letter, but the letter must describe the general undisputed material facts.

Source text: If the pre-motion conference letter is filed in anticipation of a motion pursuant to Fed. R. Civ. P. 56, the party does not need to file a full statement of facts on a motion for summary judgment (a Local Civil Rule 56.1 Statement) at the time of the pre-motion conference letter, but the letter must describe the general undisputed material facts that will support the motion.

A Rule 56 pre-motion response letter must describe factual disputes and identify admissible supporting evidence.

Source text: Any letter in response from a party opposing an anticipated motion pursuant to Fed. R. Civ. P. 56 must include a description of the dispute(s) of fact that will serve as a basis for opposing summary judgment and the admissible evidence that supports the dispute.

In limine motions must be filed 15 days before trial with disputed documents attached, responses are due 5 days later, and oral argument is scheduled if needed.

Source text: All motions addressing any evidentiary or other issues that should be resolved in limine shall be filed at least fifteen (15) days before the trial unless otherwise ordered by the Court. Parties must provide the Court with copies of any disputed documents as exhibits to the motion. Responses, if any, shall be due five (5) days later. Oral argument will be scheduled if necessary.

For discovery or other non-dispositive motions, parties must try in good faith to resolve disputes in person or by phone before filing a motion.

Source text: Parties must make a good faith effort to resolve disputes in person or by telephone, before making a motion.

Letter motion briefing requires opposition within four days and does not permit replies.

Source text: A response in opposition not exceeding three pages in length, exclusive of attachments, must be served and filed within four days. Replies are not permitted on letter motions.

For summary judgment in represented-party cases, a pre-motion letter is required and no pre-motion conference is required.

Source text: Any party planning to make a motion for summary judgment must notify the Court of its intention by electronically filing a letter that (a) briefly states the basis for the motion and (b) sets forth a proposed briefing schedule agreed to by the parties. No pre-motion conference is necessary. The Court will then issue an order either approving the parties’ proposed briefing schedule or setting a new one.

For letter motions, opposition is due within five business days and no reply is allowed.

Source text: A response not exceeding three pages in length, exclusive of attachments, must be served and filed within five business days of receipt of the letter motion. Replies are not permitted on letter motions.

Before filing a discovery/non-dispositive motion, parties must meet and confer in good faith by phone or in person.

Source text: Parties must make a good faith effort, pursuant to Local Civil Rule 26.4 and FRCP 37(a)(1), to resolve disputes, including discussion either by telephone or in person, before making a motion.

Represented parties must request and complete a pre-motion conference before dispositive motions, with two-page pre-motion/response letters and a court-approved briefing schedule.

Source text: In all cases where the parties are represented by counsel, a pre-motion conference is required before making any dispositive motion. The parties may request such a conference by way of an electronically filed letter motion seeking a court conference. Letters requesting pre-motion conferences shall state, in brief, the grounds for the motion, shall not exceed two pages, and shall not include affidavits or exhibits. All parties served with a pre-motion letter shall serve and file a letter response, not to exceed two pages, within seven days from service of the pre-motion conference letter. At the conference, the parties shall present to the Court a proposed briefing schedule for approval. Once established, no revisions to the schedule will be made without the Court=s approval.

Motions in limine follow a set sequence with opposition due seven days before jury selection and reply due three days before jury selection.

Source text: 3. Motions in Limine: All motions addressing any evidentiary or other issues that should be resolved in limine. Any opposition should be filed seven (7) days prior to jury selection. Any reply should be made in the same manner three (3) days prior to jury selection.

In consent cases (except pro se cases), a pre-motion conference letter is required before Rule 12, Rule 56, venue-change, or pleading-amendment motions.

Source text: Other than in cases involving a pro se litigant, in all cases in which the parties have consented to magistrate judge jurisdiction under 28 U.S.C. § 636(c), a pre-motion conference letter is required before filing a motion pursuant to Rules 12 or 56 of the Federal Rules of Civil Procedure; any motion for a change of venue; or a motion to amend the pleadings.

The moving party must submit a pre-motion conference letter, not docketed as a motion, with a three-page maximum.

Source text: To request a pre-motion conference, the moving party must submit a letter (not docketed as a motion) of no more than three pages,

Discovery motions under Rules 26-37 require an informal conference request before the motion will be heard.

Source text: No motion under Rules 26 through 37, inclusive, of the Federal Rules of Civil Procedure will be heard unless counsel for the moving party has first requested an informal conference with the Court.

Response to pre-motion conference letter is optional, limited to 3 pages, due within 7 days.

Source text: All parties served may, but are not required to, serve and file a letter response, not to exceed three (3) pages within seven (7) days from service of the notification letter.

Briefing schedule approved after pre-motion conference; changes require court approval.

Source text: After the pre-motion conference, the court will approve a briefing schedule. No subsequent changes to the briefing schedule may be made without court approval.

For motions, the Court sets the briefing schedule and parties may request oral argument.

Source text: Briefing schedule to be set by the Court. For Memoranda of Law, see Rule III.C. For Evidentiary Citations, see Rule III.D. Parties may request oral argument.

The Court sets briefing schedules, and parties are encouraged to submit joint schedule proposals.

Source text: Motion briefing schedules will be set by the Court. Parties are encouraged to jointly propose briefing schedules.

A pre-motion letter served within FRCP 12(a) timing counts as timely service for an FRCP 12(b) motion.

Source text: Service of the letter by the moving party within the time requirements of FRCP 12(a) shall constitute timely service of a motion made pursuant to FRCP 12(b).

Pre-motion conferences are exempted in listed categories (including pro se and several case types), and discovery motions follow Local Civil Rules 6.4 and 37.3.

Source text: No pre-motion conference shall be required where any party is pro se, or for post-trial motions, habeas corpus/prisoner petitions, Social Security appeals, bankruptcy appeals, objections to a report and recommendation or a magistrate judge, or where the Court determines that a pre-motion conference is unnecessary. For discovery motions, parties should follow Local Civil Rules 6.4 and 37.3.

Pre-motion conference letter requirements do not apply to Rule 50, Rule 59, and Rule 60 motions.

Source text: Note that these provisions do not apply to motions other than those specifically enumerated. For example, letters requesting pre-motion conferences do not apply to motions pursuant to Fed. R. Civ. P. 50, 59 and 60, and counsel should be aware that the Court of Appeals will not accept an argument that compliance with district court motion rules should excuse noncompliance with Fed. R. App. P. 4. (Cite).

In appropriate cases, pre-motion submissions and conference argument may be treated as the motion itself, and unraised arguments are deemed waived.

Source text: Counsel should note that, in appropriate cases, the pre-motion letter, 56.1 statements (where appropriate), along with counsel’s argument at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre- motion letters or during the pre-motion conference shall be deemed waived.

Serving a pre-motion letter within Rule 12 or Rule 56 deadlines counts as timely motion service under those rules.

Source text: Service of the pre-motion letter within the time requirements of Fed. R. Civ. P. 12 or 56 shall constitute timely service of a motion made pursuant to those provisions.

A party may bypass the pre-motion letter requirement to avoid loss of rights but must file an explanatory letter with the motion.

Source text: A party need not comply with the pre-motion letter requirement where it reasonably believes that delay in filing might result in the loss of a right. In that event, the party should file, along with the motion, a letter explaining why the party believes it might be prejudiced if it complied with the pre-motion letter requirement.

In appropriate cases, the Court may treat the pre-motion letter as the motion itself.

Source text: In appropriate cases, the Court may exercise its discretion to construe the pre-motion letter as the motion itself.

Motions implicating time-limiting rules are exempt from pre-motion conference requirements.

Source text: No pre-motion conference required and bundling rule does not apply.

The Court may treat pre-motion letters as the motion and opposition, hold a hearing, and deem unraised arguments waived.

Source text: PARTIES ARE ON NOTICE: In the Court’s discretion, in appropriate cases, the pre-motion conference request and response thereto may be construed as the proposed underlying motion and corresponding opposition. In such an instance, the parties will be notified, and the Court will set a hearing on the motion. Arguments not raised in the pre-motion conference request or during the subsequent hearing shall be deemed waived.

In pro se cases, the court may waive pre-motion conference requirements case-by-case, but default practice still requires using the standard pre-motion request procedure unless another exception applies.

Source text: In cases involving one or more pro se litigants, the Court may dispense with the requirement for a pre-motion conference on a case-by-case basis. Accordingly, unless the case fits into an exception noted supra, even in cases involving pro se litigants the parties shall follow the pre-motion conference request procedure outlined supra.

In criminal cases, counsel must raise contemplated motions at a Court-scheduled status conference or as directed by pretrial order.

Source text: Counsel shall advise the Court of any contemplated motions at a status conference scheduled by the Court or in accordance with the Court’s pretrial order.

Parties may bypass pre-motion conference if delay would deprive substantive right, by filing within FRCP time with explanation.

Source text: If a party wishing to file a motion concludes in good faith that delaying the filing of the motion in order to comply with the pre-motion conference requirements or any other aspect of these individual practices will deprive the party of a substantive right, the party may file the motion within the time required by the Federal Rules of Civil and/or Appellate Procedure, together with an explanation of the basis for the party's conclusion.

Any opposition to a pre-trial memorandum must be filed within one week of the joint pre-trial order filing.

Source text: A n y r e s p o n s e i n o p p o siti o n t o t h e l e g al a r g u m e nt i n a p r e -t ri al m e m o r a n d u m s h all b e fil e d wit hi n o n e ( 1) w e e k of t h e fili n g of t h e j oi nt p r e -t ri al o r d e r.

Using the wrong ECF event for a pre-motion conference request can lead to denial without prejudice.

Source text: Failure to request a pre-motion conference under the accurate ECF event may result in a denial of the pre-motion conference request without prejudice to refile.

Serving the pre-motion letter within applicable Rule 12/56 deadlines counts as timely service of the motion.

Source text: Service of the letter motion within the time requirements of Fed. R. Civ. P. 12 or 56, or any other applicable filing or service deadline, shall constitute timely service of a motion made pursuant to those provisions.

Pre-motion conference letters are not required for Rule 50, 59, or 60 motions.

Source text: For example, letters requesting pre-motion conferences are not required for motions pursuant to Fed. R. Civ. P. 50, 59 and 60, and counsel should be aware that the Court of Appeals will not accept an argument that compliance with district court motion rules should excuse noncompliance with Fed. R. App. P. 4.

Pre-motion conferences are generally not required for criminal motions except as stated in Section IV.A(1).

Source text: Except as provided above in Section IV, Part A(1), no pre-motion conference is required for a criminal motion.

Pre-motion conference letter requests are not required for Rule 50, 59, and 60 motions.

Source text: For example, letter motions requesting pre-motion conferences are not required for motions pursuant to Fed. R. Civ. P. 50, 59 and 60, and counsel should be aware that the Court of Appeals will not accept an argument that compliance with district court motion rules should excuse noncompliance with Fed. R. App. P. 4.

Parties must submit a briefing schedule for court approval, and any changes require further court approval.

Source text: The parties are to set up their own briefing schedule and submit it to the court for approval. If the parties cannot agree on a schedule, the moving party will submit a proposed schedule to the court for approval, indicating the opposing party's non-consent or objection. Approval may be given at the pre-motion conference or by ECF order. No changes to the schedule may be made without court approval.

Briefing schedules are set at the pre-motion conference when applicable.

Source text: The Court will set the briefing schedule at the pre-motion conference as applicable.

A party may bypass pre-motion timing requirements to protect a substantive right if it files within federal deadlines and explains the basis.

Source text: If a party wishing to file a motion concludes in good faith that delaying the filing of the motion in order to comply with the pre-motion conference requirements or any other aspect of these individual practices will deprive the party of a substantive right, the party may file the motion within the time required by the Federal Rules of Civil and/or Appellate Procedure, together with an explanation of the basis for the party’s conclusion.

When a pre-motion conference is held, the Court sets the briefing schedule there, with prompt post-conference motion filing expected.

Source text: If the Court holds a pre-motion conference, the Court will set a briefing schedule at the conference. Parties should anticipate a briefing schedule that will require the movant to file the motion within a short time after the pre-motion conference.

A party may bypass pre-motion procedures and file directly if delay would in good faith deprive a substantive right, but must include an explanation.

Source text: If a party wishing to file a motion concludes in good faith that delaying the filing of the motion in order to comply with the pre-motion conference requirements or any other aspect of these individual practices will deprive the party of a substantive right, the party may file the motion within the time required by the Federal Rules of Civil and/or Appellate Procedure, together with an explanation of the basis for the party’s conclusion.

Early summary judgment motions require a letter of no more than 700 words explaining why early practice should be permitted, with 700-word responses allowed within 7 days.

Source text: For such early summary judgment motions, contemporaneous with the filing of the proposed briefing schedule, the moving party must file a letter no longer than 700 words directed to why early dispositive motion practice should be permitted. Any party may file a response no longer than 700 words in opposition no later than seven days after the first filing.

Daubert motions must be made by summary judgment briefing deadline, not treated as motions in limine; parties may request suspension of expert briefing if good cause exists.

Source text: Motions to exclude testimony of experts, pursuant to Rules 702-705 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), must be made by the deadline for briefing summary judgment motions and should not be treated as motions in limine. In the proposed briefing schedule for summary judgment motions, the parties may ask the Court to suspend briefing on motions related to experts, if good cause exists for such an adjournment until dispositive motions are resolved.

Pre-motion conferences are not required for listed categories of motions and case types, and the Court may waive them when unnecessary.

Source text: No pre-motion conference shall be required for post-trial motions, habeas corpus/prisoner petitions, Social Security appeals, bankruptcy appeals, motions for withdrawal of the reference, objections to a report and recommendation of a magistrate judge, motions to stay, motions to remand to State Court, or where the Court determines that a pre-motion conference is unnecessary.

Criminal motion filing and scheduling follow the civil motion rules except for sentencing motions, unless the Court orders otherwise.

Source text: Except for sentencing motions, follow the rules for civil motions unless otherwise directed by the Court.

Oral argument is not available on letter motions unless the Court specifically orders it.

Source text: There will be no oral argument on letter motions unless the Court orders otherwise.

Sur-replies are prohibited unless the Court grants prior leave.

Source text: No “sur-replies” may be filed absent prior court leave.

A Local Civil Rule 56.1 statement is not required at the pre-motion-letter stage for anticipated Rule 56 motions.

Source text: If the pre-motion conference letter is filed in anticipation of a motion pursuant to Fed. R. Civ. P. 56, a statement of facts on a motion for summary judgment (a Local Civil Rule 56.1 Statement) does not need to be filed.

The Court may treat the pre-motion materials as the motion and may bypass a pre-motion conference by setting a briefing schedule directly.

Source text: In appropriate cases, the Court may construe the pre-motion conference letter, along with counsel’s arguments at the pre-motion conference, as the motion itself. The Court may also set a briefing schedule without a pre-motion conference if the Court determines that a pre-motion conference will not be a useful expenditure of the parties’ time.

Parties must make good faith efforts to resolve disputes before filing other non-dispositive motions.

Source text: The parties must first make good faith efforts to resolve the disputes prior to seeking the Court's intervention.

Non-dispositive pretrial applications should generally be made by letter motion first, with formal motion briefing only if the Court directs it.

Source text: Parties should generally make such applications as letter motions in compliance with Local Civil Rule 7.1(e). If necessary, after submission of the letter motion, the Court may advise the moving party to file a formal motion pursuant to Local Civil Rules 6.1 and 7.1.

When parties consent to Judge Cross-Goldenberg, dispositive motions do not require a pre-motion conference.

Source text: The moving party need not request a pre-motion conference or hold motion papers until all papers are complete (i.e., Judge Cross-Goldenberg does not follow a “bundling rule”).

When needed, the court sets the dispositive-motion briefing schedule at the pre-motion conference.

Source text: A briefing schedule for the motion will be set at the pre-motion conference, if necessary.

Motions to compel filed later than 30 days before discovery closes are untimely absent unforeseen circumstances.

Source text: Absent unforeseen circumstances, applications to compel discovery made later than thirty (30) days prior to the close of discovery will be considered untimely.

For other non-dispositive motions, parties should first attempt good-faith resolution, then file a letter motion or request a conference before moving.

Source text: For all other non-dispositive motions, after first exhausting good faith efforts to resolve the dispute, a party should file a letter motion when permitted under Local Civil Rule 7.1(e) or, alternatively, request a conference about the dispute in anticipation of filing a motion.

Pre-motion letters should include legal citations and a brief overview of the anticipated motion.

Source text: The letter shall include citations to relevant authority and should provide a brief overview of the anticipated motion.

A party may bypass delay from these procedures and file on the federal deadline if good-faith delay would forfeit a substantive right, but must explain why.

Source text: If any party concludes in good faith that delaying the filing of a motion, in order to comply with any aspect of these Individual Practices and Rules, will deprive the party of a substantive right (e.g. the timing provisions of Fed. R. App. P. 4(a)(4)(A)), the party may file the motion within the time required by the Federal Rules of Civil or Appellate Procedure, together with an explanation of the basis for that conclusion.

A joint discovery-dispute letter used to request a conference is limited to five pages.

Source text: To request a conference, the parties may write to the Court and describe their dispute in a joint letter of no more than five pages.

Pre-motion conference letters are not required for Rule 50, 59, and 60 motions.

Source text: Note that these provisions do not apply to motions other than those specifically enumerated. For example, letters requesting pre-motion conferences are not required for motions pursuant to Fed. R. Civ. P. 50, 59 and 60

Pre-motion conference not required if any party is pro se.

Source text: In cases where one or more party is pro se, a pre-motion conference is not required.

Pre-motion letter counts as motion for timing purposes under Rules 12(a) and 56(b).

Source text: For purposes of the timing requirements under Rule 12(a) and Rule 56(b), a pre-motion letter requesting permission to file a motion under those rules shall be considered the equivalent of the motion itself.

Oral argument may be requested by letter when filing motion papers.

Source text: Parties may request oral argument by letter at the time their moving, opposing, or reply papers are filed. The court will determine whether argument will be heard and, if so, will advise parties of the argument date.

Pre-motion conference requirement excused for pro se parties and certain case types.

Source text: The pre-motion conference requirement is excused if the moving or opposing party is pro se, and in all habeas corpus petitions, prisoner petitions, social security appeals or bankruptcy appeals.

Pre-motion conference letter is considered equivalent to the motion for timing purposes.

Source text: Rules 12(a) and 56(b) set out time requirements for the filing of answers and motions permitted under those rules. For the purposes of these requirements, a pre-motion conference letter will be considered the equivalent of the motion itself.

Pro se parties exempt from pre-motion conference requirements.

Source text: Pro se parties are exempt from the pre-motion conference requirements of Rule 4B.i.

Pre-motion conference not required for criminal motions.

Source text: Parties do not need to file a letter requesting a pre-motion conference before filing a motion in criminal cases.

The Court may skip a pre-motion conference and may, in appropriate cases, treat the pre-motion submission and conference arguments as the motion itself.

Source text: The Court may determine in some cases after a pre-motion conference request is filed that such a conference is unnecessary and may set a briefing schedule without holding a conference. In appropriate cases, the Court may exercise its discretion to construe the pre-motion letter, along with counsel’s arguments at the pre-motion conference, as the motion itself.

Oral argument on criminal motions is discretionary with the Court, though parties may request it.

Source text: Oral Argument on Motions. The Court will determine whether to hear oral argument on motions. Parties may request oral argument.

All criminal motions are set for oral argument on a date determined by the Court.

Source text: Oral argument on all criminal motions will be heard on a date set by the Court.

The pre-motion conference may be the only oral-argument opportunity, and counsel should expect a short post-conference motion filing schedule.

Source text: The pre-motion conference is often the only opportunity for oral argument on the motion. Counsel should also anticipate a schedule that will require the filing of their motion within a short time after the conference.

Pre-motion conference requests are not required for motions other than those specifically covered elsewhere.

Source text: For all other motions, pre-motion conference requests are not required.

Pre-motion conference letters are not required for non-enumerated motions, including Rules 50, 59, and 60 motions.

Source text: The provisions of this Section do not apply to motions other than those specifically enumerated. For example, letters requesting pre-motion conferences are not required for motions pursuant to Rule 50, 59, or 60.

Oral argument is the default for all motions unless the Court directs otherwise.

Source text: Unless otherwise directed by the Court, oral argument will be held on all motions.

Pre-motion conference not required for post-trial motions, remand, reconsideration, habeas/prisoner petitions, social security appeals, bankruptcy appeals, or R&R objections.

Source text: No pre-motion conference shall be required for post-trial motions, motions to remand, motions for reconsideration, pro se habeas corpus/prisoner petitions, social security appeals, bankruptcy appeals, or objections to Reports and Recommendations.

Motions for reconsideration are exempt from Rules IV(A) and IV(B).

Source text: Motions for reconsideration are exempt from Rules IV(A) and (B).

Motions for reconsideration and Fed. R. App. P. 4(a)(4)(A) motions do not require pre-motion conference.

Source text: Motions for reconsideration and motions described at Fed. R. App. P. 4(a)(4)(A) should be made without a pre-motion conference.

Briefing schedule approval can be granted at pre-motion conference or by letter.

Source text: Approval may be given at the pre-motion conference or by subsequent letter.

Requests for adjournments or extensions in arbitration/mediation are referred to Magistrate Judge.

Source text: Requests for adjournments or extensions of time in arbitration or mediation proceedings.

Rule 56.1 Statement not required with pre-motion conference letter (effective November 13, 2025).

Source text: Effective November 13, 2025, the moving party is not required to file a statement of material facts (Rule 56.1 Statement") at the time it files its pre-motion conference letter.

Responding party need not file Rule 56.1 Statement when responding to pre-motion conference request.

Source text: Effective November 13, the responding party is not required to file a Rule 56.1 Statement (or Counter-Statement) in response to a request for a pre-motion conference on a Rule 56 motion for summary judgment.

Emergency exception allows filing without pre-motion compliance if delay would deprive substantive right or cause statutory deadline miss.

Source text: If any party concludes in good faith that delaying the filing of a motion to comply with any aspect of these individual practices will deprive the party of a substantive right or cause that party to miss a statutory deadline, the party may file the motion within the time required by the Federal Rules of Civil and/or Appellate Procedure, together with an explanation of the basis of the conclusion.

Pre-motion conference letter motions are not required for motions for judgment as a matter of law (Rule 50), new trial (Rule 59), or relief from judgment (Rule 60).

Source text: letter motions requesting pre-motion conferences are not required for motions pursuant to Fed. R. Civ. P. 50, 59, or 60

The Court may bypass a pre-motion conference and set a motion schedule directly when a conference would not be useful.

Source text: In some cases, it will be apparent from the letter requesting a pre-motion conference that such a conference will not be a useful expenditure of the parties’ time, and a motion schedule will be set without a pre-motion conference.

The Court may dispense with a pre-motion conference and set a briefing schedule directly.

Source text: The Court may determine after a pre-motion conference request is filed that such a conference is unnecessary and may set a briefing schedule without holding a conference.

The Court may skip the conference and set briefing directly, and if a conference occurs the Court sets the briefing schedule there with prompt motion filing expected.

Source text: The Court may determine, after a pre-motion conference request is filed, that such a conference is unnecessary and may set a briefing schedule without holding a conference. If the Court holds a pre-motion conference, the Court will set a briefing schedule at the conference. Parties should anticipate a briefing schedule that will require the movant to file the motion within a short time after the pre-motion conference.

In non-jury cases, parties may submit a 700-word joint letter explaining why summary judgment practice should be permitted.

Source text: In any non-jury case, the Court will ordinarily not permit summary judgment practice. In such a case, on the date for the submission of a briefing schedule, the parties may submit a joint letter no longer than 700 words, explaining why such practice should be permitted.

In criminal cases, oral argument dates for motions are set by the Court.

Source text: Oral argument on all criminal motions will be heard on a date set by the Court.

When parties consent to Judge Kaminsky’s jurisdiction, dispositive motions do not require a pre-motion conference.

Source text: Where the parties have consented to Judge Kaminsky, the parties may file their dispositive motions in compliance with the Federal Rules of Civil Procedure and the Local Civil Rules. The moving party need not request a pre-motion conference or hold motion papers until all papers are complete (i.e., Judge Kaminsky does not follow a “bundling rule”).

Discovery and other non-dispositive letter motions do not require a pre-motion conference.

Source text: No pre-motion conference is required.

Pre-motion conferences not required for Judge Cho.

Source text: Pre-motion conferences are not required for motions submitted to Judge Cho.

Court may order briefing after conference for discovery disputes.

Source text: If the dispute cannot be resolved during the conference, the Court may order the parties to brief a motion to compel or for a protective order.

Non-dispositive motions encouraged by letter.

Source text: Parties are encouraged to make non-dispositive motions by letter. Parties seeking judicial resolution of such issues should comply with Local Civil Rule 7.1(d) or 37.3(c), as applicable.

Deposition disputes must first be resolved among parties.

Source text: Parties encountering deposition problems should first make every effort to resolve the dispute among themselves consistent with the rules regarding discovery disputes.

No court pre-motion conference is required for non-dispositive non-discovery motions.

Source text: No pre-motion conference with the Court is required before making non-dispositive non-discovery motions.

No pre-motion conference is required for these non-dispositive motion procedures.

Source text: No pre-motion conference is required.

No pre-motion conference is required for motions submitted to Magistrate Judge Scanlon.

Source text: Pre-Motion conferences are not required for any motions submitted to Magistrate Judge Scanlon.