JAN j 6 2010 - United States District Court

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certify either: 4a4-(A) that counsel for the movant has conferred with all parties or non-parties who may be affected by the relief sought in the motion in a good faith effort to resolve the issues raised in the motion and has been unable to do so; or -ftef(B) that counsel for the movant has made reasonable efforts to confer with all parties or non-parties who may be affected by the relief sought in the motion, which efforts shall be identified with specificity in the statement, but has been unable to do so. If certain of the issues have been resolved by agreement, the certification shall specify the issues so resolved and the issues remaining unresolved. Failure to comply with the requirements of this Local Rule may be cause for the Court to grant or deny the motion and impose on counsel an appropriate sanction, which may include an order to pay the amount of the reasonable expenses incurred because of the violation, including a reasonable attorney's fee. See sample forms following this Local Rule. B-5-(b) Hearings. No hearing will be held on motions unless set by the Court. Hearings shall be set by the Court under the following circumstances: 3r^-(l) A party who desires oral argument or a hearing of any motion shall request it in writing by separate request accompanying the motion or opposing memorandum. The request shall set forth in detail the reasons why a hearing is desired and would be helpful to the Court and shall estimate the time required for argument. The Court in its discretion may grant or deny a hearing as requested, upon consideration of both the request and any response thereto by an opposing party. 3-=-(2) Discovery motions may be referred to and heard by a United States Magistrate Judge. 3-r(3) With respect to: a-^(A) any motion or other matter which has been pending and fully briefed with no hearing set thereon for a period of ninety (90) days, and fe-r (B) any motion or other matter as to which the Court has conducted a hearing but has not entered an order or otherwise determined the motion or matter within ninety (90) days of the hearing, the movant or applicant, whether party or non-party, shall file and serve on all parties and any affected non-parties a "Notification of Ninety Days Expiring" which shall contain the following information: 43rMi) the title and docket entry number of the subject motion or other application, along with the dates of service and filing; -(-S-)-(ii) the title and docket number of any and all responses or opposing memoranda, along with the dates of service and filing, or if no such papers have been filed, the date on which such papers were due; 43-Hiii) the title and docket entry number of any reply memoranda, or any other papers filed in connection with the motion or other matter, as well as the dates of service and filing; and 16
the date of any hearing held on the motion or other matter. The "Notification of Ninety Days Expiring" shall be filed within fourteen of the expiration of the applicable ninety (90) day period. Memorandum of Law. Bach—party—oppooing—a—motion—aha 11—ocrvc—an oppoaing memorandum of—law no—later than ten daya after acrvicc of—fehe motion aa computed in the Federal Rulca of Civil Procedure. Except with respect to a response or reply to a motion for summary judgment, the time of which is governed by Federal Rule of Civil Procedure 56 unless otherwise ordered, each party opposing a motion shall serve an opposing memorandum of law no later than fourteen (14) days after service of the motion. Failure to do so may be deemed sufficient cause for granting the motion by default. The movant may, within fiveseven (7) days after service of an opposing memorandum of law, serve a reply memorandum in support of the motion, which reply memorandum shall be strictly limited to rebuttal of matters raised in the memorandum in opposition without reargument of matters covered in the movant's initial memorandum of law. No further or additional memoranda of law shall be filed without prior leave of Court. ■3^(1) Time. Time shall be computed under this Local Rule as follows: (aA) If the motion or memorandum was served by mail or filed via CM/ECF, count feeafourteen (14) days (fiveseven (7) days for a reply) beginning from the datcday after the motion, response, or memorandum to which one is—rcaponding was certified as having been mailed or filed via CM/ECF. Do not include Saturdaya,—Sunday a,—or legal holidaya. If the last day falls on a Saturday, Sunday, or legal holiday, the period continues to run until the next business day. Beginning on the next calendar day, including Saturday, Sunday, or a legal holiday, count three (3) days. The third day is the due date for the opposing memorandum or reply. If the third day falls on a Saturday, Sunday, or legal holiday, the due date is the next business day. (te§) If, in addition to being filed via CM/ECF, the motion or memorandum was served by hand delivery, atart—countings—fees—&£—five fourteen (14) days (seven (7) days for a reply)oh—the—buoincaa—day beginning the day after after—receipt—e€—the motion, response, or memorandum was hand- delivered-;—excluding Saturdaya,—Sundaya and legal holidaya. The tenth or £jb#fchfourteenth or seventh day is the due date for the opposing memorandum or reply, respectively. If the due date falls on a Saturday, Sunday, or legal holiday, the due date is the next business day. Qh-(2) Length. Absent prior permission of the Court, no party shall file any legal memorandum exceeding twenty (20) pages in length, with the exception of a reply which shall not exceed ten (10) pages in length. Title pages preceding the first page of text in a memorandum, signature pages, certificates of good faith conferences, and certificates of service shall not be counted as pages for purposes of this rule. The practice of filing multiple motions for partial summary judgment shall be prohibited, absent prior permission of the Court. 17
Page 1 and 2: United States District Court Southe
Page 3 and 4: Administrative Order 94-51, In Re A
Page 5 and 6: e disclosed to the Clerk of the Cou
Page 7 and 8: Authority (1993) Former Local Rules
Page 9 and 10: compliance with the CM/ECF Administ
Page 11 and 12: Re: Repeal of Local Rule 5.2.D and
Page 13 and 14: and Court filings are matters of pu
Page 15: supplanting original electronic fil
Page 19 and 20: limitations. (2000) The addition of
Page 21 and 22: A. Motions for Attornoyo Food and/o
Page 23 and 24: substantially similar to) AO 133 of
Page 25 and 26: Authority (1993) Former Local Rule
Page 27 and 28: Roll of Attorneys. The Bar of this
Page 29 and 30: Except as otherwise ordered by a Ju
Page 31 and 32: If the complaint alleges a violatio
Page 33 and 34: Comments (1993) This Local Rule has
Page 35 and 36: Rule 16.1^A(a) above; 4fef(B) The d
Page 37 and 38: the specific acts or omissions reli
Page 39 and 40: anticipated; and with the Court's p
Page 41 and 42: of Mediators. j^(l) Certification o
Page 43 and 44: Procedures to Refer a Case or Claim
Page 45 and 46: : : . ORDER OF REFERRAL Trial havi
Page 47 and 48: : . ORDER SCHEDULING MEDIATION The
Page 49 and 50: or to the Chief Judge's designee. E
Page 51 and 52: class action plaintiff move, within
Page 53 and 54: conducted until after the expert su
Page 55 and 56: discovery or for a protective order
Page 57 and 58: (1996)[I.] The "attempt to confer"
Page 59 and 60: depositions or hearings made necess
Page 61 and 62: (2010) Amended to conform tabulatio
Page 63 and 64: In cases of a post-judgment writ of
Page 65 and 66: victim if the announcement is not o
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9029 does not suggest that such a d
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Motions for Stay and Other Intermed
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for example, the disposition of a m
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and costs of the proceedings refere
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posted and forfeited in lieu of app
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individualization, or time limits,
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Effective Dec. 1, 1994. Amended eff
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(1996) A. Removes any explicit requ
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K-s-(k) The government shall, upon
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When a defendant is arrested after
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4. No provision of the Discovery Pr
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(5) Stays or Limitation of Discover
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subject to the objection. A lawyer
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d. The videographer shall certify t
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B. Procedures Governing Manner of P
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answer. Interrogatories propounded
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producing party may be required to
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occurs, counsel for movant must spe
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MS Excel Spreadsheet); (2) the gene
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I am the defendant named above. I h
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security; all process shall be issu
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As noted in the revised Local Admir
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If the seizure was predicated upon
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(2000) Local Admiralty Rule B(7) is
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Local Admiralty Rules. 4feH2) Proof
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Cir.1981); Merchants Nat'l Bank v.
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filed pursuant to Supplemental Rule
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Counsel for the intervening party s
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equired by Local Admiralty Rule B(5
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43-HC) Execution of Process. The ar
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Any order issued pursuant to this s
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(2) Involuntary Dismissal. If the C
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the "Request for Confirmation of Sa
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A concern was expressed about the p
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Publication of the Notice. Immediat
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Defendant. PROCESS OF ATTACHMENT
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Defendant. WARRANT FOR ARREST IN R
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(4) The vessel is currently berthed
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Attorney Name (Bar Number Typed Nam
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the Court to enter an Order directi
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THEREFORE, in light of the facts pr
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located and to be found at and desc
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Defendant. AFFIDAVIT (Foreign Attac
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B^-(B) Motions for judgment on the
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Effective Dec. 1, 1994; amended eff
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States Code, Section 636(b)(1)(B).
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) Plaintiff,) ) vs.) ) Defendant.)
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Rule 3. Retention of Membership in
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j— (i) Referral. Any District Jud
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Effective Dec. 1, 1994. Amended eff
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cause for such withdrawal is furnis
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Comments (1996) Section A. and B.2.
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Jurisdiction and Powers. (1) The Co
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Court shall issue an order requirin
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jfc-r (1) the procedure in that oth
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If after meeting with the attorney
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the reinstatement proceeding. Effec
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