Procedure to Admit Counsel Pro Hac Vice:  When no party objects, Magistrate Judge Clark requires only a form of order with supporting documents consistent with the requirements of L. Civ. R. 101.1(c), including a certification of admission and good standing and a certification of local counsel stating that it shall comply with L. Civ. R. 101.1(c).  Application may be made informally by letter, however, all submissions shall be electronically filed.

Motion Practice:

            Discovery Disputes: No discovery motion shall be filed without leave of the Court. Magistrate Judge Clark requires the parties first meet their obligations under L. Civ. R. 37.1 to meet and confer to attempt to resolve discovery disputes without the court’s intervention.  Should counsel fail in this effort, the party raising the dispute should submit a brief letter (no more than 5 pages) advising the Court of the dispute and what actions have been taken to resolve the issues.  The non-moving party should submit a response within two days (not to exceed 5 pages).  Thereafter, Magistrate Judge Clark will either conduct an informal oral argument, enter an appropriate briefing schedule, or order the parties to meet and confer to prepare joint submissions.

            Motions to Amend: Must be accompanied by a red-lined proposed amended complaint as an exhibit outlining the proposed amendments.

Communications with the Court: Magistrate Judge Clark will accept submissions of less than 20 pages by fax (973-645-3020).  Direct communication with law clerks is permitted as to procedural matters only.

Courtesy Copies: No courtesy copies necessary.

Copies of Papers: Confidential settlement memoranda, joint discovery plans, discovery disputes with information subject to discovery confidentiality orders, and informal adjournment requests shall sent via fax or email at jbc_orders@njd.uscourts.gov.  All other papers, all other discovery disputes, and proposed orders (submitted with cover letters), shall be electronically filed.

Probation Report:

            Magistrate Judge Clark does not permit the defendant or counsel to review the Probation Department’s recommendations as to a sentence.