United States District Judge for the District of New Jersey
Courtroom Deputy – Haley Minix 856-757-5167
Chambers Phone Number – 856-757-5167
Chambers Email Address – njdnef_ohearn@njd.uscourts.gov
Courtroom – 5A
Electronic Submissions: All parties, with the exception of pro se parties, shall file all documents, in both civil and criminal matters, via ECF. All papers electronically submitted shall, to the extent possible, be submitted in a text-searchable PDF format.
Emails: Parties must contact Chambers for approval before emailing any documents or submissions.
Extensions of Time on Consent: All requests for extensions shall be filed via ECF and be accompanied by a proposed order. Any requests for extensions or adjournments shall indicate whether all parties consent.
Pretrial Submissions: All pretrial submissions such as voir dire, jury instructions, and verdict sheets shall be sent via email to haley_minix@njd.uscourts.gov in Word format and courtesy copies shall also be provided to Chambers the same day.
Adjournments Requests for Hearings/Conferences: Communications regarding scheduling and adjournments are handled by the Deputy Clerk, Haley Minix. If an adjournment is being sought, counsel shall first attempt to obtain consent from all parties and provide the Court with new dates upon which all parties are available. Absent exigent circumstances, adjournment requests made less than two days prior will not be granted.
Communications with the Court: Please do not contact Chambers with legal or procedural questions that are covered by the Local Rules of this Court or the Federal Rules of Civil Procedure. Communications with law clerks are limited to Chambers’ procedural matters only and not as to any substantive matters.
Oral Argument: If the Court grants a request for oral argument or wishes to hear argument when no request has been made, the parties will be notified via ECF. The Court is more likely to grant oral argument if a party represents, at the time of the filing of the request for argument, that a junior attorney (i.e. less than five years’ experience) will present the argument. A supervising attorney may attend to assist only if necessary.
Pre-Motion Conference: In an effort to resolve cases expeditiously, before bringing a motion to dismiss, motion for a more definite statement, motion to remand, motion for change of venue, or motion for judgment on the pleadings, a party must submit a letter, not to exceed three (3) single-spaced pages, requesting a pre-motion conference. The letter must set forth the basis for the anticipated motion and include citations to relevant authority. Within seven (7) days after receipt of this letter, all adversaries must submit a written response, not to exceed three (3) single-spaced pages. No party may submit a reply letter unless directed by the Court. Affidavits and exhibits are not permitted unless directed by the Court. A proffer by the attorney, however, of the contents of any such affidavit(s) and/or exhibit(s) shall suffice.
The Court will attempt to resolve the dispute(s) at a pre-motion conference (in person or via telephone/videoconference), to the extent possible. If the dispute cannot be resolved at the pre-motion conference (or if the Court determines that a conference would not be helpful), the moving party may proceed with filing its motion. To be clear, this procedure does not preclude a party from filing any of the above motions pursuant to Local Civil Rule 12.1. Rather, the Court hopes to use this procedure to advance the case efficiently and minimize the costs of litigation to the parties. In addition, compliance with this procedure shall not be deemed a waiver of any parties’ defenses as to lack of personal jurisdiction, improper venue, insufficient process, or insufficient service of process.
A party’s submission of a pre-motion letter will toll that party’s time to file its motion (or answer) through (i) the date of the pre-motion conference or (ii) the Court’s decision not to conduct such a conference. If the Court determines that a pre-motion conference would not be helpful and instructs a party to proceed with filing its proposed motion without a conference, that party shall have an additional seven (7) days to file after its Fed. R. Civ. P. 12(a) deadline, unless additional time is stipulated or the Court so orders.
This letter exchange does not apply in cases in which either side is pro se or in bankruptcy or social security appeals.
Motions for Final Judgment by Default: All motions for final judgment by default pursuant to Fed. R. Civ. P. 55(b)(2) shall include a brief which addresses each of the elements necessary to support the entry of a final judgment by default.
Courtesy Copies: Two courtesy copies of the electronically filed/ECF stamped motion papers clearly marked “Courtesy Copy,” shall be mailed to Chambers within seven (7) days the papers are filed on ECF. All exhibits shall be clearly labeled, tabbed and bound. Paperclips, binder clips and rubber bands will not be accepted.
