Pre-Motion Conference. (starting 5/19/23) 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 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. However, a proffer by the attorney 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. This procedure does not constitute seeking leave of court or preclude a party from filing any of the above motions pursuant to Local Civil Rule 12.1. Rather, the Court uses this procedure to advance the case efficiently, preserve judicial resources, and minimize litigation costs 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 file 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 to bankruptcy appeals, social security appeals, cases seeking transfers based on Multidistrict Litigation (MDL) orders, or cases in which either side is appearing pro se.

Motions for Summary Judgment. Parties may only file a Motion for Summary Judgment with leave of Court.

Motions For Default Judgment. All motions for final judgment by default pursuant to Fed. R. Civ. P. 55(b)(2) shall include a brief that addresses each of the elements necessary to support the entry of a final judgment by default.

Courtesy Copies. By request of the Court only.