Judge William F. Kuntz

Electronically filed motion papers and stipulations require courtesy hard copies to chambers at filing, with specific ECF-related markings.

Hard copies of all motion papers and stipulations filed electronically, including any documents attached thereto must be provided to chambers. All such papers must be clearly marked “Courtesy Copy,” “Original Filed by ECF,” and must identify as “Docket Entry Number _ ” (the document number the ECF system assigns to the filing). Courtesy Copies of motion papers shall only be submitted at the time of filing pursuant to Rule III(G)(2) infra.

Page 2 | II. ELECTRONIC CASE FILING, C. Courtesy Copies

Non-pro-se moving parties must provide chambers with a full courtesy-copy set of motion papers and a letter itemizing the package.

In addition, the moving party (unless pro se) shall furnish chambers with a full set of courtesy copies of the motion papers, together with a letter specifying each document in the package.

Page 4 | III. CIVIL MOTIONS - G. Service and Filing of Motions Other Than For Default Judgment

When exhibits are filed in hard copy instead of electronically, parties must provide both an original-marked copy and a courtesy copy.

If exhibits are not electronically filed, one copy must be clearly marked “Original” and the other marked “Courtesy Copy.”

Page 2 | II. ELECTRONIC CASE FILING, D. Voluminous Filings

Sealed electronic filing requires prior leave by motion with the proposed filing attached under seal, and only then may the original be filed separately under seal in ECF.

Parties must seek permission to file electronic documents under seal. To obtain permission, the party must file a motion for leave to file under seal with the proposed filing as a sealed attachment. If leave is granted, the original document may be filed in a separate filing under seal in ECF.

Page 2 | II. ELECTRONIC CASE FILING, G. Filing Documents under Seal

The Court encourages parties to hold motion filing until briefing is complete.

As a courtesy to the Court, the Court requests that the parties refrain from filing motion papers until the motion has been fully briefed.

Page 4 | III. CIVIL MOTIONS - G. Service and Filing of Motions Other Than For Default Judgment

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).

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).

Page 3 | III. CIVIL MOTIONS - B. Pre-Motion Conferences

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

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.

Page 3 | III. CIVIL MOTIONS - B. Pre-Motion Conferences

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.

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.

Page 3 | III. CIVIL MOTIONS - B. Pre-Motion Conferences

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.

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.

Page 3 | III. CIVIL MOTIONS - B. Pre-Motion Conferences

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

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.

Page 3 | III. CIVIL MOTIONS - C. Summary Judgment Motions

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

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.

Page 4 | III. CIVIL MOTIONS - E. Scheduling of Motions

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

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.

Page 4 | III. CIVIL MOTIONS

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.

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.

Page 5 | IV. CRIMINAL MOTIONS - A. Pre-Motion Conferences in Criminal Cases.

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.

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.

Page 5 | IV. CRIMINAL MOTIONS - E. Sentencing Motions.

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

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.

Page 6 | V. PRE-TRIAL PROCEDURES - B. Filings Prior to Trial in Civil Cases.

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

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.

Page 3 | III. CIVIL MOTIONS - B. Pre-Motion Conferences

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

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

Page 5 | IV. CRIMINAL MOTIONS - B. Filing and Scheduling of Motions.

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

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

Page 5 | IV. CRIMINAL MOTIONS - D. Oral Argument on Motions.

Adjournment requests for court appearances require written submission at least 48 hours in advance, with emergency requests within 48 hours initiated by phone to the case manager.

A request for an adjournment of a court appearance shall be made in writing at least forty-eight (48) hours prior to the appearance and in the form applicable to a request for an extension of time. Emergency requests for an adjournment made within forty-eight (48) hours prior to the scheduled court appearance shall be initiated by a phone call to the case manager.

Page 1 | I. GENERAL PRACTICES, C.4. Request for Adjournment of Court Appearance

When the adversary does not consent, extension requests must be submitted at least 24 hours before the deadline unless good cause is shown.

If the adversary has not consented, requests for extensions will not be considered unless submitted twenty-four (24) hours prior to the scheduled deadline, absent good cause shown.

Page 2 | I. GENERAL PRACTICES, C.5. Request for Extension of Time Unrelated to a Court Appearance

Extension requests must be in writing and include the original date, prior extension history, and the adversary’s consent position including reasons for refusal.

All requests for extensions of time to comply with any rule or order must be in writing and state: (1) the original compliance date, (2) the number of previous requests for extension, adversary consents, and, if not, the reasons given by the adversary for refusing to consent.

Page 1 | I. GENERAL PRACTICES, C.5. Request for Extension of Time Unrelated to a Court Appearance

Telephone calls to chambers are prohibited for general information that is not about docketing, scheduling, or calendar matters.

Telephone calls to chambers for general information unrelated to docketing, scheduling, or a calendar matter are not permitted.

Page 1 | I. GENERAL PRACTICES, C.2. Telephone Calls

Fax communications to chambers are limited to time-sensitive matters with prior authorization, must be copied to all counsel, and should not be followed by hard copy unless directed.

Faxes to chambers are permitted only for time-sensitive requests and where prior authorization from chambers has been obtained. Any authorized faxes shall be simultaneously faxed or delivered to all counsel. Do not follow with a hard copy, unless otherwise directed by the Court.

Page 1 | I. GENERAL PRACTICES, C.3. Faxes

Communications to chambers must be filed as ECF letters with service on all counsel, and routine correspondence between counsel should not be sent to the Court.

Communications with chambers shall be in writing and filed on ECF, with copies simultaneously delivered to all counsel. Copies of correspondence between counsel, except where formally annexed to pleadings or motion papers, shall not be sent to the Court.

Page 1 | I. GENERAL PRACTICES, C.1. Letters

Counsel should contact chambers to obtain the email address for sending electronic versions of requests to charge.

Requests to charge shall be submitted at least seven (7) days before trial in hard copy and counsel should contact chambers to obtain an email address to send the electronic versions of the documents.

Page 7 | C. Filings Prior to Trial in Criminal Cases