LOCAL RULES (continued)
LR 5.
SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
LR
5.1 Certification of Service. Each paper served other than by a United States
Marshal shall include a certificate of the person or firm making service, his
or its relationship to the parties, action, or proceeding, and the date, method,
and address of service. The original of a certificate shall also be signed by
the party or his attorney at whose instance service was made.
LR
5.2 Number of Copies. The parties shall submit the original and one copy of the following filings: all motions and responses to motions,
together with the briefs and supporting documents; any required status report;
and the proposed pretrial order. All other papers (including pleadings subsequent
to the original complaint, expert witness reports, etc.) shall be submitted
as an original only. No additional copies of papers filed with the Clerk need
be forwarded to the presiding judge.
LR
5.3 Flat Filing. To facilitate computer scanning of papers submitted for
filing and to insure that the Clerk's files may be kept under the system commonly
known as "flat filing," the original of all papers presented
to the Clerk or Judge for filing shall be flat and shall not be folded, backed,
stapled, or bound (except using easily-removable clips). Omit all exhibit tabs,
as they interfere with scanning (originals should bear flat exhibit labels within
the page margins). Any required copies of original papers may bear exhibits
tabs and be stapled or otherwise bound using standard practices.
LR
5.4 Paper Size. All pleadings and papers presented to the Clerk or Judge
for filing shall be on paper which is 8 1/2 inches in width and 11 inches in
length.
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to TopLR 6.
TIME
LR
6.1 Extension by Clerk. In civil cases, the Clerk of the Court is authorized
and directed to grant, sign, and enter orders on consent, where permitted by
law, extending time within which to plead or otherwise defend or make any motions
(except a motion for a new trial), for an aggregate time not to exceed ten (10)
days, if the time originally prescribed or extended within which to plead, defend,
or move has not expired. Any such extension may be granted only once with respect
to a pleading, and any such order entered by the Clerk may be suspended, altered,
or rescinded by the Court for good cause shown. Extensions of time may not be
obtained by stipulation between counsel and must either be sought from the Clerk
as set forth above, or be requested by motion to the Court.
LR 7.
MOTIONS
LR
7.1 Filing.
(a)
Absent prior written permission of the Court, no party shall file any brief
or legal memorandum in excess of twenty-five (25) pages in length.
(b)
Unless the assigned Judge prescribes otherwise, every motion filed in civil
proceedings shall cite to supporting legal authorities. A motion and supporting
memorandum (brief) may be filed as one document. Every factual assertion in
a motion, response, or brief shall be supported by a citation to the pertinent
page in the existing record or in any affidavit, discovery material, or other
evidence filed with the motion. This rule does not apply to motions for enlargement
of time. Every ministerial motion (e.g., to extend time, exceed page limits,
for a leave of absence) shall be accompanied by a proposed order. No proposed
order is required for motions requesting non-ministerial relief (e.g., motions
for summary judgment, to dismiss, judgment on the pleadings, to add or drop
parties, to exclude evidence, to remand, for injunctive relief). Where practical,
parties should indicate whether a motion is unopposed.
LR
7.2 Hearings. Motions shall generally be determined upon the motion and
supporting documents filed as prescribed herein. However, the assigned Judge
may allow oral argument sua sponte, or upon written request of either
party. Requests for oral argument shall estimate the time required for argument.
LR
7.3 Orders Made Orally In Court. Unless the Court directs otherwise, all
orders including findings of fact and conclusions of law orally announced in
court shall be prepared in writing by the attorney for the prevailing party
and taken to the Judge within two (2) days thereafter, with sufficient copies
for all parties and the Court.
LR
7.4 Time for Filing Civil Motions. Except as otherwise provided in these
Local Rules, including but not limited to LR 16.3, or as otherwise ordered by
the Court, all motions in a civil action, with the exception of motions in
limine, shall be filed and served upon the opposing party not later than thirty
(30) days after the close of discovery pursuant to LR 26.1. Unless otherwise
directed, motions in limine shall be filed no later than five (5) days prior
to the pretrial conference, if practicable; otherwise, such motions may be filed
up to the time of trial.
LR
7.5 Response to Motion. Unless these rules or the assigned Judge prescribes
otherwise, each party opposing a motion shall serve and file a response within
fifteen (15) days of service of the motion, except that in cases of motions
for summary judgment the time shall be twenty (20) days after service of the
motion. Failure to respond within the applicable time period shall indicate
that there is no opposition to a motion. Where ministerial motions (e.g., to
extend time, exceed page limits, for a leave of absence) have been filed, every
response shall be accompanied by a proposed order. No proposed order need accompany
responses to motions requesting non-ministerial relief (e.g., motions for summary
judgment, to dismiss, for judgment on the pleadings, to add or drop parties,
to exclude evidence, to remand, for injunctive relief).
LR
7.6 Reply Briefs. A party intending to file a reply brief shall immediately
so notify the Clerk and shall serve and file the reply within eleven (11) calendar
days of service of the opposing party's last brief.
LR8. - Amendments
LR
8. In compliance with the policy of the Judicial Conference of the
United States and the E-Government Act of 2002, as amended, and in order to
promote electronic access to case files while also protecting personal privacy
and other legitimate interests, any party or person filing pleadings or other
documents with the Court shall refrain from including, or shall partially redact
where inclusion is necessary, the following personal data identifiers from all
such pleadings or documents, including exhibits thereto, whether filed electronically
or conventionally in paper form, unless otherwise ordered by the Court:
a.
Social Security numbers. If an individual’s Social Security number must
be included in a pleading or document, only the last four digits of that number
should be used.
b.
Names of minor children. If the involvement of a minor child must be mentioned,
only the initials of that child should be used.
c.
Dates of birth. If an individual’s date of birth must be included, only
the year should be used.
d.
Financial account numbers. If financial account numbers are relevant, only the
last four digits of these numbers should be used.
e.
Home addresses. If a home address must be included, only the city and state
should be listed.
A party or person wishing to file a document containing the personal data identifiers listed above may
a.
file an unredacted version of the document under seal, or
b.
file a reference list under seal. The reference list shall contain the complete
personal data identifier(s) and the redacted identifiers(s) used in its (their)
place in the filing. All references in the case to the redacted identifiers
included in the reference list will be construed to refer to the corresponding
complete personal data identifier. The reference list must be filed under seal
and may be amended as of right.
The unredacted version of the document or the reference list shall be retained by the Court as part of the record. A party or person filing under seal an unredacted document containing personal data identifiers shall file simultaneously a redacted copy of the document for the public file.
The responsibility for redacting these personal identifiers rests solely with counsel and the filing party or person. The Clerk will not review each pleading or document for compliance with this rule.
LR 9.
SPECIAL PLEADINGS
LR
9.1 Special Pleadings. All pleadings which allege violations of the Truth-in-Lending
Act, Regulation Z, RICO, and other similar statutes, whether federal or state,
shall specifically state each alleged violation. If the pleading fails to comply
with this Rule, upon motion duly made by any party to the proceeding, such pleading
shall be dismissed without prejudice by the Court; provided, however, the party
alleging such violation shall have ten (10) days from the date of the order
in which to amend the pleading to conform with this Rule, or to inform the Court
by written response to the motion why it should not be granted. For the purposes
of this Rule, it shall not be necessary for the movant to file a brief supporting
the motion, but it shall be sufficient if the moving party points out the non‑compliance
with this Rule. In all actions asserting a claim under RICO, the party filing
the RICO claim must, upon filing, also file a RICO statement in compliance with
this Court's Standing Order of October 2, 1989. The RICO STATEMENT is included
in the Appendix of Forms to this section of these Local Rules.
LR 10.
FORM OF PLEADINGS
LR
10.1 Pleadings. All pleadings, notices, orders, and other papers in all
cases shall, when offered for filing, be plainly and fairly written or printed
without erasures or interlineations materially defacing them, be double-spaced,
be numbered on each page, and contain an appropriate appearance as provided
in Rule LR 83.6.
LR 11.
SIGNING OF PLEADINGS AND RELEASE OF INFORMATION
LR
11.1 Counsel Identification. Every pleading, motion, or other paper presented
for filing shall, pursuant to Federal Rule of Civil Procedure 11, be signed
by at least one attorney of record in the attorney's individual name, and shall
contain counsel's name, complete address (including post office box or drawer
number and street address), telephone number, and State Bar Number. Each attorney
and pro se litigant has a continuing obligation to apprise the Court
of any address change. Lead counsel shall be identified on the complaint and
the responsive pleading of each party, and the Clerk shall be advised of any
change in lead counsel.
LR
11.2 Release of Information by Attorneys in Civil Cases. It is the duty
of every lawyer or law firm associated with the case not to release or authorize
the release of information or an opinion, which a reasonable person would expect
to be disseminated by means of public communication, in connection with pending
or imminent civil litigation with which he or his firm is associated, if there
is a reasonable likelihood that such dissemination will interfere with a fair
trial or otherwise prejudice the due administration of justice.
(a)
During a jury trial of any civil matter, including the period of selection of
the jury, no lawyer or law firm associated with the plaintiff or defendant shall
give or authorize any extrajudicial statement or interview relating to the trial
or the parties or issues in the trial, which a reasonable person would expect
to be disseminated by means of public communication if there is a reasonable
likelihood that such dissemination will interfere with a fair trial, except
that the lawyer or law firm may quote from or refer without comment to public
records of the Court in the case.
LR 12.
ANSWER
LR
12.1 Social Security Act. In all actions brought under section 205(g) of
the Social Security Act, 42 U.S.C. § 405(g), in which the defendant now
has sixty (60) days in which to file an answer, an additional forty (40) days
may be granted by the Clerk for filing such answer without the necessity of
a motion so requesting.
LR 13
and 14. See Federal Rules of Civil Procedure 13 and 14.
LR 15. See Local Rule 16.3
