Eastern District of Pennsylvania Pre-Motion Conference Requirements

A motion must be filed before requesting a telephone conference, except for deposition disputes; letter motions are prohibited.

Source text: The Court will on occasion hold telephone conferences to resolve scheduling matters or discovery disputes. A motion explaining the dispute and requesting a phone conference should first be filed on the record unless it is a dispute arising during a deposition. Letter Motions will not be accepted.

Pre-filing conference with opposing counsel required for Rule 12(b)(6), (e), (f) motions, except in pro se, bankruptcy, or social security appeals; motion must include meet-and-confer certification.

Source text: Except in cases where either side is pro se, or in bankruptcy or social security appeals, upon the filing of a complaint, the Court will file an order requiring moving counsel, before filing a motion pursuant to Fed. R. Civ. P. 12(b)(6), (e), or (f), to first contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading filing of the motion. If the parties are unable to reach a resolution that eliminates the need for any of the above-mentioned motions, counsel for the moving party shall include, along with the motion, a certification that the parties met and conferred regarding the alleged pleading deficiencies or matter sought to be stricken. The Court will deny any motion that fails to conform with these requirements.

Parties must meet and confer about material facts no later than 14 days before filing any Rule 56 summary judgment motion.

Source text: No later than fourteen days before filing any summary judgment motion pursuant to Rule 56, the parties shall meet and confer about the material facts.

Meet and confer required at least 5 days before filing discovery, 12(b), or dispositive motions.

Source text: Prior to filing discovery motions, 12(b) motions, or other dispositive motions, counsel contemplating the filing of these motions shall contact opposing counsel to discuss the substance of the anticipated motion and to provide an opportunity to cure any alleged deficiencies or to try to resolve the conflict prior to the filing of the Motion. This communication must occur at least five days prior to the filing of the Motion.

Lead trial counsel must attend Rule 16 conference; substitute with deep case knowledge if lead is on trial.

Source text: Lead trial counsel must appear for this conference. If lead counsel is on trial, substitute counsel with deep knowledge of the case may attend.

Reply briefs require leave of court, filed within 5 days with email courtesy copy.

Source text: Reply briefs are not permitted without leave of court. Motions for Leave to file a Reply shall be docketed within five days of the docketing of the response with a courtesy copy sent to chambers via email to the e-mail listed above.

Meet and confer required before filing any motion in limine.

Source text: In an attempt to resolve any evidentiary issue, counsel shall meet and confer in advance of the filing of any motion in limine.

Parties must conduct substantive verbal communications before filing certain motions, with certification required.

Source text: The parties shall conduct substantive verbal communications. Exchanges of letters or e- mails are insufficient. A report that opposing counsel was not available or that the parties made reasonable efforts is likewise insufficient. If the parties cannot reach a resolution that eliminates the need for any of the above-mentioned motions, counsel for the moving party shall include, along with the motion, a certification that the parties met and conferred regarding the alleged pleading deficiencies or matter sought to be stricken.

Motions that fail to meet meet-and-confer requirements will be denied.

Source text: The Court will deny any 12(b)(6), (e) or (f) motion or discovery motion that fails to conform with these requirements.

Rule 16 conference required after answer; lead counsel must appear in person.

Source text: A Rule 16 Pretrial Conference will be held as soon as possible after the Answer to the Complaint is served. Counsel share responsibility for the progress of the case. If the Court has not scheduled a Rule 16 conference within a reasonable time after the filing of an answer, counsel should contact Chambers to request a conference. Lead trial counsel must appear in person. If lead trial counsel is absolutely unable to attend, the conference will be rescheduled.

Lead trial counsel must appear in person at Rule 16 conference.

Source text: Lead trial counsel must appear in person. If lead trial counsel is absolutely unable to attend, the conference will be rescheduled.

Discovery disputes must be resolved by meet-and-confer; disputes must be filed as motions, not letters.

Source text: The vast majority of discovery disputes should be settled by the parties through civility and common sense. Judge McHugh expects the parties to have met and conferred in good faith before submitting a discovery dispute. He no longer permits counsel to submit such disputes by letter; a motion must be filed.

Discovery disputes require parties to meet and confer in good faith, and must be filed as motions rather than letters.

Source text: Judge McHugh expects the parties to have met and conferred in good faith before submitting a discovery dispute. He no longer permits counsel to submit such disputes by letter; a motion must be filed.

Pretrial conferences are not scheduled for arbitration-assigned cases.

Source text: A Pretrial Conference will not be scheduled for cases that are assigned to arbitration.

Summary judgment motions are generally not addressed before arbitration hearings.

Source text: With rare exceptions, Judge McHugh does not address motions for summary judgment before the arbitration hearing.

Preliminary pretrial conference scheduled after answer; joint Rule 26(f) report due 3 business days prior

Source text: The Court will schedule a preliminary pretrial conference as described in Federal Rule of Civil Procedure 16(b) and (c) shortly after all defendants have answered the Complaint. At least three business days prior to the pretrial conference, counsel must submit to chambers a joint report of the Rule 26(f) meeting with a proposed discovery plan. The Rule 26(f) meeting should take place as early in the case as possible. The meeting should be a meaningful and substantive discussion to formulate the proposed discovery plan required by the Rule. Parties who do not comply will have no voice at the scheduling conference and may be subject to additional sanctions.

Lead counsel must attend Rule 16 conference with authority to settle and discuss all claims/defenses

Source text: Lead trial counsel must attend the Rule 16 conference. Counsel taking part in any pre-trial conference must be prepared to speak on every subject, including settlement, and have authority from their clients to do so. Counsel shall be prepared to discuss all claims and defenses in detail, as well as all topics listed in Local Rule of Civil Procedure 16.1(b) and Federal Rules of Civil Procedure 16(b)-(c) and 26(a), and shall have a thorough understanding of the facts of the case. The Court will issue a Rule 16 Scheduling Order following the conference. The Scheduling Order will reflect counsel's input at the conference and the Court's considered assessment of the time necessary to complete discovery and all pretrial submissions.

Motions in limine must be filed 10 days before trial.

Source text: Judge Schmehl typically requires motions in limine to be filed ten days before trial.

Telephone conference with court required before filing discovery motions.

Source text: In the event that a discovery dispute requires court intervention, the party contemplating a motion shall seek a telephone conference with the court before filing any motion. If the telephone conference fails to resolve the discovery dispute, the party seeking relief will be permitted to file an appropriate discovery motion.

Initial Rule 26(f) conference must occur no later than 21 days before initial Rule 16 conference.

Source text: The parties must conduct an initial Rule 26(f) conference as soon as possible, and in any event no later than 21 days before the initial Rule 16 conference.

Only one Rule 56 summary judgment motion allowed per party without leave, within page/word limits

Source text: Summary judgment motions. Absent leave, a party is entitled to file only one single Rule 56 motion (at the time designated in the scheduling order) that addresses whatever issues the party wishes to raise within the page or word limit.

Moving party must serve statement of undisputed facts 28 days before motion deadline

Source text: At least 28 days before the deadline to file a motion, the moving party must serve on all other parties (but not file) a statement of undisputed material facts in a numbered, paragraph-by-paragraph recitation that contains specific citations to exhibits or testimony supporting each factual assertion;

Responding party must serve response to statement of facts 14 days before motion deadline

Source text: At least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) the responding party’s response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing;

Pre-motion conference required 7 days before filing Rule 12(b)(6) motions.

Source text: Before filing a motion pursuant to Federal Rule of Civil Procedure 12(b)(6), counsel shall first contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies. This conference shall take place at least seven days prior to the filing of the motion.

Certification of substantive verbal pre-motion conference required with Rule 12(b)(6) motions.

Source text: If the parties are unable to reach a resolution that eliminates the need for a 12(b)(6) motion, counsel for the moving party shall include, along with the 12(b)(6) motion, a certification that the parties met and conferred regarding the alleged pleading deficiencies. These efforts must include substantive verbal communications, whether by phone or in person. Exchanges of letters or e-mails are not sufficient.

Insufficient pre-motion efforts will result in denial of Rule 12(b)(6) motion.

Source text: It is not sufficient to report that opposing counsel was not available or that the parties made “reasonable efforts.” The Court will deny a 12(b)(6) motion that does not meet these requirements.

Discovery disputes must be addressed by counsel before requesting court intervention, with certification of good faith efforts.

Source text: If the parties are unable to resolve a discovery dispute on their own, counsel are to initially send correspondence to the Court briefly describing the dispute and the parties’ respective positions and must certify that all counsel have already made a good faith effort to resolve the issue themselves as required by Local Rule of Civil Procedure 26.1, which must describe in detail the efforts the parties made to resolve the dispute on their own.

Preliminary pretrial conference scheduled after all defendants appear; lead trial counsel must attend in person; rescheduling requires pre-existing commitment.

Source text: Judge Wolson will schedule a preliminary pre-trial conference pursuant to Fed. R. Civ. P. 16 once each defendant has appeared in the case. Judge Wolson requires lead trial counsel to attend the conference in person. If lead trial counsel is unable to attend, then Judge Wolson will reschedule the conference. However, any request to reschedule must be made as early as possible and must be based on a pre-existing commitment.

Rule 12 motions require contacting opposing counsel at least one week before filing to discuss substance and cure issues.

Source text: Any Party that intends to file a motion under Federal Rule of Civil Procedure 12 must contact opposing counsel at least one week before the due date to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged...

If no agreement on Rule 12 motion, parties must submit 5-page single-spaced letter to Judge Wolson by answer deadline.

Source text: If the Parties cannot reach agreement, then they must submit to Judge Wolson a letter, via email, that does not exceed five (5) single-spaced pages that sets forth each issue to be raised in the motion and each Party’s substantive position with respect to that issue. The Parties must submit the letter to Judge Wolson by the deadline to respond to the Complaint.

Moving party must serve joint statement of undisputed facts 28 days before summary judgment deadline.

Source text: At least 28 days before the deadline to file a motion, the moving party must serve on all other parties (but not file) a statement of undisputed material...

Responding parties must serve responses to factual assertions 14 days before summary judgment motion deadline.

Source text: At Least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) the responding party's response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing; and

For cross-motions, each movant files separate statement of facts but must prepare single consolidated set of exhibits.

Source text: In the event that there will be cross-motions for summary judgment, each movant may file a separate statement of facts that follows the above procedure for each motion, but Judge Wolson requires the parties to prepare a single, consolidated set of exhibits.

Expert inadmissibility arguments must be raised in separate Daubert motion, not in summary judgment briefing.

Source text: If a party's motion for summary judgment, or an opposition thereto, is based in whole or in part on an argument that expert testimony is not admissible, then the party must raise such argument in a contemporaneous Daubert motion. That is, the party may not simply include arguments about expert inadmissibility within the summary judgment briefing. They must be the subject of a separate motion.

Rule 12 motions require pre-motion conference: counsel must confer at least one week before due date; if no agreement, submit 5-page letter to Judge by complaint response deadline; pre-motion conference will be held.

Source text: Any Party that intends to file a motion under Federal Rule of Civil Procedure 12 must contact opposing counsel at least one week before the due date to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged phone or in person. Exchanges of letters or e-mails are not sufficient. If the Parties cannot reach agreement, then they must submit to Judge Wolson a letter, via email, that does not exceed five (5) single-spaced pages that sets forth each issue to be raised in the motion and each Party's substantive position with respect to that issue. The Parties must submit the letter to Judge Wolson by the deadline to respond to the Complaint. Judge Wolson will then attempt to resolve the dispute at a pre-motion conference, likely by phone or videoconference. If Judge Wolson cannot resolve the dispute at that conference, or if Judge Wolson determines that the conference will not facilitate resolution, then Judge Wolson will set a briefing schedule for the motion.

For summary judgment motions, responding party must serve response to statement of facts 14 days before motion deadline, followed by moving party reply, resulting in consolidated statement filed with motion; cross-motions require separate statements but single consolidated exhibits.

Source text: At least 14 days before the deadline to file a motion, any responding party must serve on all other parties (but not file) a response to the statement of facts that includes the following: (a) the responding party's response to each factual assertion, which shall be directly under the original paragraph and must include citation to any evidence that the responding party contends creates a material factual dispute and/or any argument for why the evidence that the moving party has cited does not support the factual assertion or is not admissible; and (b) any additional facts that the responding party intends to submit as part of the summary judgment briefing; and • The moving party may then respond to any statements or arguments in the responding party's submission, directly under the relevant paragraph. The result of this process will be a single, consolidated statement of facts that permits Judge Wolson to see each party's position on each factual assertion in one place. The moving party must file the consolidated statement of facts and the joint set of exhibits with its motion. In the event that there will be cross-motions for summary judgment, each movant may file a separate statement of facts that follows the above procedure for each motion, but Judge Wolson requires the parties to prepare a single, consolidated set of exhibits.

Expert admissibility challenges in summary judgment motions must be raised in separate contemporaneous Daubert motion, not within summary judgment briefing.

Source text: If a party's motion for summary judgment, or an opposition thereto, is based in whole or in part on an argument that expert testimony is not admissible, then the party must raise such argument in a contemporaneous Daubert motion. That is, the party may not simply include arguments about expert inadmissibility within the summary judgment briefing. They must be the subject of a separate motion.

Parties may not respond to motions for reconsideration unless the Court orders a response.

Source text: Parties shall not respond to a motion for reconsideration absent a Court Order.

A telephone conference is scheduled before filing responsive briefs on discovery motions.

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

Final pretrial conference held at least 30 days after discovery closes and during week before trial.

Source text: Judge Sánchez regularly lists a final pretrial conference date in the Scheduling Order. Generally, the final pretrial conference will be held no less than 30 days after the close of discovery and during the week preceding the trial date or trial pool to which a case is assigned.

Pending summary judgment motions must be argued at final pretrial conference.

Source text: If a motion for summary judgment is pending when the final pretrial conference takes place, counsel must be prepared to argue the motion at the conference.

Motions in limine must meet Scheduling Order deadline; late filings require good cause.

Source text: Motions in limine with respect to legal matters that the parties reasonably expect to arise during trial must be presented in accordance with the deadline established in the Scheduling Order. Motions in limine filed after the deadline will be considered only upon a showing of good cause.

Deposition designation disputes resolved at final pretrial conference; specific exchange deadlines apply.

Source text: Judge Sánchez expects to decide disputes regarding deposition designations and preserved objections within depositions at the final pretrial conference. To facilitate the timely resolution of such disputes, the parties must exchange deposition designations at least one week prior to the final pretrial conference, and counter-designations must be exchanged at least three days prior to the conference. The parties must submit any objections to designations and counter-designations to the Court in writing no later than one day before the final pretrial conference, along with a copy of the deposition transcript(s). Objections should be raised by letter referencing the page number(s) and ground(s) for objection; a formal motion is not required.

Discovery motions should not be filed until after a telephone conference with chambers.

Source text: Motions to compel or other discovery motions should not be filed until a telephone conference has been held.

Pre-motion certification required for Rule 12 motions that opposing counsel was given opportunity to cure.

Source text: Curable Defects: Before any motion based on a curable defect under Rule 12 is filed, counsel must certify that opposing counsel has been given an opportunity to cure the defect.

TRO requests trigger immediate conference scheduling with all counsel required to attend.

Source text: Motions for Injunctive Relief: When a temporary restraining order is requested, Judge Sánchez will immediately schedule a conference to hear the motion. Unless the urgency of the circumstances preclude notice to opposing counsel, Judge Sánchez requires that all counsel be present.

Upon filing any pretrial motion in criminal cases, parties must advise Court of intent to present testimony and expected duration.

Source text: Upon the filing of any motion, the parties shall advise the Court whether they intend to present testimony in support of or in opposition to the motion and the expected duration of any such testimony, so that the Court can schedule a motion hearing, if necessary.

Motions in limine must be filed before trial; complex motions 7 business days before final pretrial conference; untimely motions may be refused.

Source text: Motions in limine must be filed before trial to reduce the number of sidebar discussions required. Complex motions must be filed at least seven (7) business days before the final pretrial conference. If motions cannot be resolved at that conference, they will be heard on a specific date or before a witness is called. Judge Scott may refuse to hear any untimely motion or sidebar objection that disrupts trial and could have been anticipated as a motion in limine.

Counsel must attend scheduling conference within 50 days of initial appearance/arraignment in criminal cases.

Source text: Once a defendant has an initial appearance and/or arraignment on an indictment, counsel for the Government and Defendant(s) are required to attend a scheduling conference within fifty (50) days of the initial appearance/arraignment.

Preliminary pretrial conference scheduled after all defendants appear; lead counsel must attend in person.

Source text: The Court will schedule a preliminary pretrial conference as described in Fed. R. Civ. P. 16 once each defendant has appeared in the case. The Court expects lead trial counsel to attend the conference in person. If lead counsel is unable to attend for a compelling reason, the

7-day pre-motion conference required before filing Rule 12(b)(6) motions.

Source text: Before filing a motion pursuant to Fed. R. Civ. P. 12(b)(6), counsel shall first contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies. This conference shall take place at least seven (7) days prior to the filing of the motion.

Certification of pre-motion conference required with Rule 12(b)(6) motion.

Source text: If the parties are unable to reach a resolution that eliminates the need for a 12(b)(6) motion, counsel for the moving party shall include, along with the 12(b)(6) motion, a certification that the parties met and conferred regarding the alleged pleading deficiencies.

Merely reporting unavailability or reasonable efforts is insufficient; motion will be denied.

Source text: It is not sufficient to report that opposing counsel was not available or that the parties made “reasonable efforts.” The Court will deny a 12(b)(6) motion that does not meet these requirements.

Meet-and-confer certification required 7 days before filing dispositive motions under Rules 12, 56, 1441, or 1404.

Source text: Meet and Confer Certification with Dispositive Motions: Counsel contemplating filing a motion under Fed. R. Civ. P. 12 or 56, 28 U.S.C. §1441, or 28 U.S.C. §1404, shall contact opposing counsel prior to filing to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies or strike certain matter to see if the filing of the contemplated motion is then necessary. This conference shall take place at least seven (7) days before the filing of the motion. The parties shall conduct substantive verbal communications. Exchanges of letters or emails are insufficient. A report that opposing counsel was not available or that the parties made reasonable but unsuccessful efforts to meet and confer is likewise insufficient. If the parties cannot reach a resolution that eliminates the need for any of the above-mentioned motions, counsel for the moving party shall include, along with the motion, a Certification indicating the date(s) of discussion(s) and shall inform the court of the parties’ inability to reach a resolution. The Court will deny any motion that fails to conform with these requirements.

Sentencing motions must be filed 14 days before sentencing; responses 7 days before; sentencing memoranda 7 days before.

Source text: Sentencing motions and supporting memoranda must be filed at least fourteen (14) days before the scheduled sentencing date, and any response thereto must be filed at least seven (7) days before the scheduled sentencing date. Sentencing memoranda (exclusive of motions) must be filed no later than seven (7) days before the scheduled sentencing date.

Pre-filing meet and confer required for Rule 12, Rule 56, and venue motions at least 7 days before filing with certification; verbal communication required.

Source text: Counsel contemplating filing a motion under Fed. R. Civ. P. 12 or 56, 28 U.S.C. §1441, or 28 U.S.C. §1404, shall contact opposing counsel prior to filing to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies or strike certain matter to see if the filing of the contemplated motion is then necessary. This conference shall take place at least seven (7) days before the filing of the motion. The parties shall conduct substantive verbal communications. Exchanges of letters or emails are insufficient. A report that opposing counsel was not available or that the parties made reasonable but unsuccessful efforts to meet and confer is likewise insufficient. If the parties cannot reach a resolution that eliminates the need for any of the above-mentioned motions, counsel for the moving party shall include, along with the motion, a Certification indicating the date(s) of discussion(s) and shall inform the court of the parties' inability to reach a resolution. The Court will deny any motion that fails to conform with these requirements.

Non-compliance with Rule 26(f) meeting results in no input at initial pretrial conference.

Source text: Pending motions will not excuse the requirements of holding the meeting and submitting the plan. Parties who do not comply will have no input at the initial pretrial conference.

Rule 26(f) meeting must be completed promptly and is substantive.

Source text: Judge Kearney relies on counsel's good faith compliance in all respects with Rule 26(f). Parties should complete the Rule 26(f) meeting as soon as possible. This meeting is a meaningful and substantive discussion to address prompt settlement positions, formulate the proposed discovery plan, and discuss the parties' factual and legal positions.

Joint Rule 26(f) report required at least one day before initial pretrial conference.

Source text: Unless waived for good cause, our scheduling Order will begin discovery and require the parties to file a comprehensive joint report of the Rule 26(f) meeting at least one day before the initial pretrial conference fully compliant with the 'Report of Rule 26(f) Meeting' form provided on the District's web page: www.paed.uscourts.gov/judges-info/district-court-judges/mark-kearney.

Patent non-ANDA cases require specific Markman hearing planning in Rule 26(f) report.

Source text: In patent non-ANDA cases, the comprehensive joint report of the Rule 26(f) meeting shall include proposed dates for the exchange, in steps, of required information to plan for a Markman hearing as soon as practicable under Fed. R. Civ. P. 1:

Initial pretrial conference must address multiple substantive topics.

Source text: The initial pretrial conference is a substantive discussion addressing, at a minimum: items listed in Fed. R. Civ. P. 16 and Local Rule 16.1(b); completion of self-executing disclosures under Fed. R. Civ. P. 26(a); a review of the required stipulated facts; disclosure of insurance coverage and deductibles; requests for a Fed. R. Evid. 502(d) Order; status of pending discovery; the preservation, production and cost allocation of electronically stored information; status of settlement demands and offers and proposed timing of mediation; and, specific facts regarding liability, damages and relief sought.

Attending counsel at initial pretrial conference is designated as lead trial counsel unless excused.

Source text: Absent compelling grounds provided in writing before the conference, counsel attending the initial pretrial conference shall be designated as lead trial counsel. If lead counsel is excused in advance of the conference, the attorney appearing must have access to lead counsel's calendar during the proceeding.

Lead trial counsel must have full settlement authority at initial pretrial conference.

Source text: Lead trial counsel shall be prepared to discuss settlement at the initial pretrial conference, including having full authority from clients on settlement. Counsel may not claim lack of authority to discuss settlement with opposing counsel and Judge Kearney unless the client or carrier representative with full authority is present at the initial pretrial conference.

Meaningful conference required before threshold motions, except for pro se parties.

Source text: Parties seeking to move to dismiss, strike, remand, transfer, substitute parties, and other threshold issues shall: 1. Confirm the movant meaningfully conferred in good faith with the represented party (does not apply to pro se parties) subject to the anticipated motion including specifically identifying the communications and shared resolution to resolve the issue particularly on motions to dismiss based on the perceived inadequacy of the pleading or venue issues which can often be readily resolved by an amended pleading or stipulated transfer or remand;

Meaningful conference requires sharing arguments and caselaw citations.

Source text: We interpret 'meaningfully conferred' to include sharing the movant's arguments in summary fashion as well as citations to caselaw addressing each point expected to be included in moving papers;

Threshold motions must be addressed at initial pretrial conference even if not fully briefed.

Source text: Be prepared to address the merits of a pending or anticipated threshold motions at the initial pretrial conference, even if not fully briefed at that time;

Rule 16 conference scheduled after all defendants answer; joint Rule 26(f) report with discovery plan due 3 business days before conference.

Source text: The Court will schedule a preliminary pretrial conference as described in Federal Rule of Civil Procedure 16 shortly after all defendants have answered the Complaint. At least three business days prior to the pretrial conference, counsel must submit to Chambers a joint report of the Rule 26(f) meeting with a proposed discovery plan. The Rule 26(f) meeting should take place as early in the case as possible.

Reply and sur-reply briefs must be filed within 7 days of the brief they respond to, without seeking leave.

Source text: Reply briefs and sur-reply briefs may be filed without seeking leave and must be filed no later than seven days after the filing to which the brief responds.

Pre-motion conference required 7 days before filing Rule 12(b)(6), (e), or (f) motions, except in pro se, bankruptcy, or social security cases.

Source text: Except in cases involving a pro se litigant, or in bankruptcy or social security appeals, counsel contemplating filing a motion under Federal Rule of Civil Procedure 12(b)(6), (e), or (f), shall first contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies or strike certain matter. This conference shall take place at least seven days before the filing of the motion.

Threshold motions must be filed before Rule 16 conference.

Source text: All motions to dismiss, transfer, or add parties and other threshold motions should be filed before the Rule 16 conference.

Pre-motion conference required 7 days before Rule 12 motions (except pro se, bankruptcy, social security cases).

Source text: Except in cases where either side is pro se, or in bankruptcy or social security appeals, any party intending to file a motion under Federal Rule of Civil Procedure 12 must contact opposing counsel to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies or strike certain matter. This conference shall take place at least seven days prior to the filing of the motion.

Moving party must serve statement of undisputed facts 28 days before summary judgment deadline.

Source text: At least 28 days before the deadline to file a motion, the moving party must serve all other parties a statement of undisputed facts in a numbered, paragraph-by-paragraph statement that contains specific citations to the record that support each factual assertion.

Responding party must serve response to undisputed facts 14 days before summary judgment deadline.

Source text: At least 14 days before the deadline to file a motion, a responding party must serve on all other parties, a response to the moving party’s statement of facts that responds to each factual assertion. All responses should be directly under the original paragraph of the moving party’s motion and must include citations to any evidence that the responding party believes is necessary to show that the moving party has not cited evidence that supports a factual assertion.

Rule 26(f) conference required at least 14 days before Rule 16 scheduling conference; mandatory compliance.

Source text: Judge Rufe relies on good-faith compliance in all respects with Federal Rule of Civil Procedure 26(f). The Rule 26(f) meeting shall take place as soon as possible and, in any event, at least 14 days before the Rule 16 scheduling conference. Outstanding motions will not excuse the parties from timely holding the meeting and submitting a Rule 26 plan. Compliance is mandatory. The meeting should not be viewed as perfunctory, but rather as a meaningful and substantive discussion to formulate the discovery plan required by the Rule. Parties who do not comply will have no voice at the scheduling conference and may be subject to additional sanctions.

Status conference required after defense counsel appears in civil cases; covers multiple pretrial matters.

Source text: After the entry of appearance by defense counsel in civil actions, Judge Bartle schedules a status conference in chambers. At this status conference, counsel are expected to be prepared to discuss jurisdictional defects; possibility of amicable settlements; alternative dispute resolution; time limitations for joining additional parties and amending pleadings, if necessary; scheduling for discovery deadlines, filing of motions, filing of pretrial memoranda, and future pretrial conferences; scheduling a date for trial; and any other appropriate matter. Judge Bartle enters a scheduling order following this conference.

Meet and confer about material facts required 14 days before Rule 56 motions (except pro se prisoner cases).

Source text: Except in matters in which a pro se prisoner is a party, the parties shall meet and confer about the material facts no later than fourteen days prior to the filing of any summary judgment motion pursuant to Federal Rule of Civil Procedure 56.

Discovery disputes require motion to compel after failed resolution attempts.

Source text: When a discovery default occurs, Judge Padova encourages counsel to file a motion to compel, which he will usually grant upon presentation pursuant to Local Civil Rule 26.1(g). When a discovery dispute occurs, and counsel have been unable to resolve it themselves or with Judge Padova’s assistance by telephone, he requires a motion to compel.

Reply/surreply briefs require leave of court, filed within 14 days with proposed brief attached.

Source text: Reply and Surreply Briefs... Reply and surreply briefs may only be filed with leave of the Court. A motion for leave to file a reply or surreply brief must be filed within fourteen days of the previous filing, and counsel shall attach as an exhibit the proposed reply or surreply brief.

Motions in limine must be filed by Scheduling Order deadline.

Source text: Motions in limine must be filed by the deadline set in the Scheduling Order. Rulings upon such motions are usually made before or at the final pretrial conference.

Motion to compel may be filed if telephone conference doesn't resolve discovery dispute.

Source text: If a discovery dispute is not resolved following a telephone conference and a motion to compel becomes necessary, the motion and any

Threshold motions must be filed at least 7 days before Rule 16 conference.

Source text: Threshold motions (e.g., motions to transfer or substitute parties) should be filed at least seven (7) days before the Rule 16 conference.

Failure to meet and confer may result in motion denial or sanctions.

Source text: Failure to communicate by the filing party may result in the motion being denied. Failure to respond within a reasonable timeframe to attempts to communicate from the filing party may result in sanctions for the non-responding party.

Motions for leave to reply must specify issues and not include proposed reply.

Source text: Motions for Leave should highlight the specific issues raised in the response brief to which a reply is requested. Counsel should not prepare and attach their proposed reply to their Motion.

Rule 16 conference addresses substantive issues; counsel must discuss case strengths/weaknesses and critical documents.

Source text: Judge McHugh considers a Rule 16 Conference to be a case management conference, addressing the substantive issues in the case, not merely a scheduling conference. Counsel should be prepared to discuss the strengths and weaknesses of the case and be completely conversant with the essential issues and facts. Whenever possible, essential documents identified in self-executing discovery should be produced to opposing counsel in advance of the conference, unless such production is impractical. Counsel shall be familiar with and prepared to discuss critical documents.

E-discovery agreement required before Rule 16 conference; default order available if no agreement.

Source text: If e-discovery is an issue, counsel should reach an agreement in advance of the conference. If they cannot, a default e-discovery order will be entered, located here.

Discovery may begin immediately; not delayed by pending motions to dismiss except for complete dismissal motions.

Source text: Parties should begin discovery as soon as permitted under the relevant Rules, without waiting for the Rule 16 Conference to be held. Furthermore, parties should not delay commencing discovery due to the pendency of a Motion to Dismiss, except where the motion could result in complete dismissal of the case.

Summary judgment rarely granted in non-jury cases.

Source text: Judge Pappert will rarely, if ever, grant summary judgment in a non-jury case.

Reply briefs encouraged, may be filed without leave, must be filed within 7 days of opposition brief

Source text: Reply briefs are encouraged where thought to be helpful; may be filed without leave; and must be filed no later than 7 days after the opposition brief.

Pre-motion conference must include substantive verbal communication, not just emails/letters.

Source text: These efforts must include substantive verbal communications, whether by phone or in person. Exchanges of letters or e-mails are not sufficient.

Pretrial conferences not generally conducted in criminal cases but available upon request.

Source text: Judge Wells does not generally conduct pretrial conferences in criminal cases, but will do so, upon request of counsel.

Sur-reply briefs require prior permission by letter brief.

Source text: Judge Straw will not normally permit sur-reply briefs and counsel desiring to file a sur-reply must first seek permission of the Court by letter brief, before such a brief will be accepted.

Reply briefs must be filed within 7 days of opposition brief unless Court sets different schedule.

Source text: A reply brief, addressing arguments raised in the brief in opposition to the motion, may be filed and served by the moving party within seven (7) days after service of the brief in opposition to the motion unless the Court sets a different schedule.

Prompt conference held for TRO/preliminary injunction requests.

Source text: Judge Henry attempts to hold a prompt conference with counsel seeking and defending requests for temporary restraining orders and preliminary injunctions following an affidavit of service.

Prompt conference held with counsel for TRO and preliminary injunction motions after affidavit of service.

Source text: Judge Henry attempts to hold a prompt conference with counsel seeking and defending requests for temporary restraining orders and preliminary injunctions following an affidavit of service.

Rule 16 conference held after all defendants answer; counsel may request if not scheduled.

Source text: A Rule 16 Pretrial Conference will be held as soon as possible after all defendants have docketed an Answer to the Complaint. If the Court has not scheduled a Rule 16 conference within a reasonable time after the filing of the Answer, counsel should contact Chambers to request a conference.

Pretrial conference scheduled at Rule 16 if no dispositive motions, or after ruling on dispositive motions.

Source text: A Pretrial Conference will be scheduled either at the time of the Rule 16 Conference if dispositive motions are not anticipated or if necessary after a ruling on dispositive motions. At the Pretrial Conference a date certain trial date and associated deadlines will be provided.

Ruling on reply leave without response; if granted, scope and due date specified.

Source text: A ruling will be made on the Motion for Leave without a response from opposing counsel. If the Court grants leave to file a reply, the order will clearly specify the scope of the reply and the due date.

Oral argument scheduled at Court's discretion; may decide on papers even if requested.

Source text: Oral argument will be scheduled by Chambers when it is beneficial to the Court. Parties may request oral argument, but the Court will frequently decide a motion on the papers even where such a request is made.

Oral argument is discretionary and granted only when likely to facilitate resolution.

Source text: Oral argument will generally only be heard in those cases where the Judge has concluded that it is likely to facilitate resolution of a motion.

Pre-hearing conference may be held for injunctions.

Source text: He may hold a pre-hearing conference to discuss discovery, narrow the issues in contention and allocate time for the hearing.

Timing for motions in limine will be set at Rule 16 conference and confirmed in Scheduling Order.

Source text: The time for filing motions in limine will be determined at the Rule 16 conference and will be confirmed in the Scheduling Order.

Moving party may respond to responding party's statements directly under relevant paragraphs

Source text: The moving party may then respond to any statements or arguments in the responding party’s submission, directly under the relevant paragraph.

Rule 16 conference scheduled after all defendants appear.

Source text: The Court will schedule a preliminary pretrial conference pursuant to Federal Rule of Civil Procedure 16 once each defendant has appeared in the case.

Motions in limine filing deadline set at Rule 16 conference and confirmed in scheduling order.

Source text: The time for filing motions in limine will be determined at the Rule 16 conference and will be confirmed in the scheduling order.

Rule 12 pre-motion procedure does not apply in pro se cases.

Source text: This procedure does not apply in cases in which either party is proceeding pro se. In pro se cases, motions may be filed without pre-motion letters.

Moving party may respond to responding party's submissions under relevant paragraphs.

Source text: The moving party may then respond to any statements or arguments in the responding party's submission, directly under the relevant paragraph.

Telephone conference scheduled before responsive brief in discovery motions.

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

Suppression, Starks, and Daubert hearings held at least 14 days before trial.

Source text: Judge Wolson typically holds suppression, Starks, and Daubert hearings at least fourteen (14) days prior to trial.

Rule 12 pre-motion conference requirement does not apply when either party is pro se.

Source text: This procedure does not apply in cases in which either party is proceeding pro se. In pro se cases, motions may be filed without pre-motion letters.

Final pretrial conference held 7 days before trial; parties must discuss outstanding motions, evidence disputes, scheduling, and settlement efforts.

Source text: Judge Scott generally holds a final pretrial conference seven (7) days before a trial, but the conference may be held earlier, if jointly requested by the parties. At the final pretrial conference, parties should be prepared to discuss all outstanding motions and any unresolvable disputes regarding evidence or witnesses. Parties will also update the Court on any scheduling issues and any efforts made to settle the case.

Pretrial conference scheduled at least 3 days before trial if requested or needed

Source text: If requested by counsel or needed, Judge Hodge will schedule a pretrial conference with counsel at least three (3) days before the scheduled trial date.

Counsel expected to resolve objections before motions in limine deadlines.

Source text: Judge Kearney expects counsel attempted to resolve objections to exhibits and testimony before the motions in limine deadlines, leaving only those objections the parties could not resolve.

Motions in limine filed after exchange of pretrial memoranda, with reply before pretrial conference.

Source text: To the extent there are unresolved evidentiary issues, counsel should anticipate the Scheduling Order will require motions in limine be filed after the contemporaneous exchange of pretrial memoranda, with a reply due before the pretrial conference.

Summary judgment rarely granted in non-jury cases.

Source text: Judge Costello will rarely grant summary judgment in a non-jury case.

Rule 16 conference scheduled after answer or during preliminary motions.

Source text: Judge Perez will schedule a Rule 16 conference once an answer is filed, or in some instances, while a motion to dismiss or another preliminary motion is pending.

Moving party may respond to responding party's submissions under each paragraph.

Source text: The moving party may then respond to any statement or arguments in the responding party’s submission, directly under the paragraph in question.

Oral argument is generally not required for motions.

Source text: I generally will not require oral argument on motions.

Pretrial conferences in criminal cases are generally not held, but may be conducted if counsel requests one.

Source text: Judge Wells does not generally conduct pretrial conferences in criminal cases, but will do so, upon request of counsel.

Responses to motions must follow Local Rule 7.1(c) timing.

Source text: Responses to all motions are due within the period prescribed by Local Rule 7.1(c).

Conference on proposed jury instructions is usually conducted.

Source text: Judge Sitarski usually conducts a conference on proposed jury instructions.

Replies automatically allowed for all motions; surreplies allowed for Rule 56 motions, discouraged for others.

Source text: Although sometimes unnecessary, replies are automatically allowed for all motions, and a party need not seek leave to file a reply. For a Rule 56 motion, a surreply is automatically allowed. For all other motions, surreply briefs are discouraged and a party must move for leave to file a surreply.

Oral argument held at judge's discretion or upon counsel's request.

Source text: Judge Brody will hold oral argument if she believes it will assist her in deciding the motion. Judge Brody will also consider requests from counsel to hold oral argument on a particular motion.

Summary judgment motions typically use alternative method schedule.

Source text: In most cases, summary judgment motions filed pursuant to Federal Rule of Civil Procedure 56 will use the form and schedule outlined in Attachment B to the Sample Scheduling Order (the Appendix hereto), which is known as the “alternative method.” When there are cross-motions for summary judgment or in certain other cases, however, Judge Rufe will permit the parties to file their Rule 56 Motions under the traditional method.

Initial pretrial conference scheduled within 30 days of all defendants filing answers.

Source text: Judge Padova regularly schedules an initial pretrial conference within 30 days of all defendants filing answers to the complaint.

Rule 26(f) meeting must occur at least 14 days before scheduling conference.

Source text: The Rule 26(f) meeting shall take place as soon as possible and, in any event, at least fourteen days before the scheduling conference.

Counsel must have client authority to speak on settlement at all pretrial conferences.

Source text: Judge Padova further requires that counsel taking part in all pretrial conferences be prepared to speak on the subjects to be covered, including settlement, and have authority from their clients to do so.

Counsel must be prepared to argue pending motions at pretrial conferences.

Source text: Counsel must be prepared to present argument at the conference on any pending motions.

Final pretrial conference typically held during week before trial.

Source text: Judge Padova typically holds a final pretrial conference sometime during the week before trial is scheduled.

Parties may agree to a different briefing schedule.

Source text: The parties may stipulate to a briefing schedule.