Hon. April M. Perry

• [Motion Practice and Memoranda of Law]
• Document Formatting Unless otherwise ordered by the Court, briefs in support of or opposition to a motion should be no more than 15 pages and reply briefs should be no more than 10. Please see Local Rule 5.2 for additional font size, margin, and spacing requirements. Documents should be filed in searchable OCR .pdf. Meet and Confer Requirement Before filing a motion, the movant’s counsel must ask opposing counsel whether there is an objection to the motion. If there is an objection, movant must note that fact in the body of the motion. Joint, uncontested, and agreed motions should be so identified in both the title and the body of the motion. For opposed motions, the movant must confer with the opposing party before filing. If the non-moving party intends to respond to the motion the motion should include an agreed proposed briefing schedule. If the non-moving party does not intend to respond to the motion, the motion should say so rather than proposing a briefing schedule. This meet and confer requirement does not apply to dispositive motions typically contested by the parties, including motions to dismiss and motions for summary judgment, or motions that are administrative in nature, such as motions to withdraw as counsel and pro hac vice motions. If in doubt, please confer with opposing counsel before filing a motion. Briefing Schedule All motions must be accompanied by an agreed briefing schedule or competing proposals. If the parties do not propose a briefing schedule, the Court will set one, which may be more accelerated than the parties would prefer. In a case of ordinary complexity the briefing schedules should be approximately the following: Motion to dismiss: three weeks to respond, 10 days to reply Motions related to preliminary injunctive relief: seven days to respond or reply (if allowed) Discovery motions: seven days to respond, replies usually not allowed Motions in limine and Daubert motions: usually set by the Court Motion for summary judgment: motion due six weeks after the close of the relevant discovery period, four weeks to respond, two weeks to reply Complex cases may require longer briefing schedules and the Court realizes that counsel have other demands on their time. The Court will usually defer to parties' proposed briefing schedules. However, parties must examine their calendars and consult with their opponents to ensure that briefing schedules they propose are realistic and account for the time needed to brief the motion, manage obligations in other cases, and attend to personal matters. The Court is reluctant to grant significant extensions to accommodate conflicts that counsel could have foreseen. Motions for Extensions of Time Motions for extension of time shall indicate: (i) the reason for the request; (ii) the number of previous extensions; and (iii) whether any party objects to the extension. Please do not contact chambers or the Courtroom Deputy to request an extension of time. Schedule Please review Judge Perry’s website for dates on which she will be hearing motions. Motions must be filed at least 3 business days before the motion is to be heard. So long as notice requirements have been met, the Court will also consider motions at previously-scheduled status hearings. Notices of motion must be filed separately on the docket for the motion to appear on the Court’s calendar. Do not attach the notice as an exhibit to the motion. Trial dates and discovery cutoff dates will not be reset except by written motion. Motions to extend a discovery cutoff date or to reset a trial date, whether uncontested or contested, will normally require a court appearance. Counsel should check the docket after 4:00 p.m. on the afternoon before the scheduled motion date to see if an appearance is necessary. Unless the court has told a party it need not appear, counsel is expected to be present whether or not the motion is agreed.

Motions for Extensions of Time Motions for extension of time shall indicate: (i) the reason for the request; (ii) the number of previous extensions; and (iii) whether any party objects to the extension. Please do not contact chambers or the Courtroom Deputy to request an extension of time. Schedule Please review Judge Perry’s website for dates on which she will be hearing motions. Motions must be filed at least 3 business days before the motion is to be heard. So long as notice requirements have been met, the Court will also consider motions at previously-scheduled status hearings. Notices of motion must be filed separately on the docket for the motion to appear on the Court’s calendar. Do not attach the notice as an exhibit to the motion. Trial dates and discovery cutoff dates will not be reset except by written motion. Motions to extend a discovery cutoff date or to reset a trial date, whether uncontested or contested, will normally require a court appearance. Counsel should check the docket after 4:00 p.m. on the afternoon before the scheduled motion date to see if an appearance is necessary. Unless the court has told a party it need not appear, counsel is expected to be present whether or not the motion is agreed. Source ↗

Courtesy Copies Generally, the Court does not accept courtesy copies. Please do not prepare them and do not try to deliver them. If a courtesy copy is needed, the Court will counsel to request one. If the Court requests courtesy copies, please deliver those copies to the drop-box outside the Courtroom Deputy’s office. A delivery signature will not be available. Courtesy copies need not be delivered in an envelope unless the pleading contains under seal material. If the Court requests courtesy copies, those copies should (a) always be printed from ECF after electronic filing so that the copies include the ECF header; (b) be printed double sided (on both sides of the paper) whenever possible; (c) if in excess of 50 pages, should be spiral bound on the side, and (d) any exhibits should be tabbed. Digital Media Exhibit Submission All audio and video exhibits should be filed electronically in accordance with the Clerk’s Office process for Digital Media Exhibit Submission, which can be found here . No CDs or USB drives should be sent to chambers unless expressly requested by the Court. Discovery Motions Meet and Confer Requirement The parties can and should work out most discovery disputes without judicial intervention. The Court will not hear or consider any discovery motion or non-dispositive dispute unless the movant has complied with the “meet and confer” requirement of Local Rule 37.2. This applies not only to motions to compel, but also to motions to quash discovery or for protective orders against discovery. The motion must state with specificity when and how the movant complied with Local Rule 37.2. The exchange of correspondence without in-person or telephonic discussion will not normally be sufficient to comply with Local Rule 37.2. If the parties have reached an impasse regarding the discovery of voluminous records from a database, server or other electronic storage facility, before filing a motion to compel the parties are required to meet and confer with an IT representative of the facility to be searched in order to determine the most effective way to retrieve the requested material. The party seeking the discovery must also bring its IT specialist to this meeting in order to discuss the proper format for the retrieval of the records. Discovery Motions If the parties do not resolve their disagreement through the “meet and confer” requirement, the parties must file a joint motion of no more than five pages. The joint motion must set out each issue in a separate section and include in that section each party’s position (with appropriate legal authority) and proposed compromise. If the disagreement involves specific discovery that a party has propounded, such as interrogatories, requests for production of documents, or answers or objections to such discovery, the parties must reproduce the question/request and the response in its entirety in that section. The entire disputed discovery responses should be attached as an exhibit to the motion. Source ↗

Initial Status Report for Reassigned Cases, found here. For case-related questions, please contact the Courtroom Deputy. Communication with the Court about a specific case should be with the Courtroom Deputy only, unless the Court specifically orders that parties may communicate with a law clerk. Source ↗

Motion Practice and Memoranda of Law Document Formatting Unless otherwise ordered by the Court, briefs in support of or opposition to a motion should be no more than 15 pages and reply briefs should be no more than 10. Please see Local Rule 5.2 for additional font size, margin, and spacing requirements. Documents should be filed in searchable OCR .pdf. Meet and Confer Requirement Before filing a motion, the movant’s counsel must ask opposing counsel whether there is an objection to the motion. If there is an objection, movant must note that fact in the body of the motion. Joint, uncontested, and agreed motions should be so identified in both the title and the body of the motion. For opposed motions, the movant must confer with the opposing party before filing. If the non-moving party intends to respond to the motion the motion should include an agreed proposed briefing schedule. If the non-moving party does not intend to respond to the motion, the motion should say so rather than proposing a briefing schedule. This meet and confer requirement does not apply to dispositive motions typically contested by the parties, including motions to dismiss and motions for summary judgment, or motions that are administrative in nature, such as motions to withdraw as counsel and pro hac vice motions. If in doubt, please confer with opposing counsel before filing a motion. Briefing Schedule All motions must be accompanied by an agreed briefing schedule or competing proposals. If the parties do not propose a briefing schedule, the Court will set one, which may be more accelerated than the parties would prefer. In a case of ordinary complexity the briefing schedules should be approximately the following: Motion to dismiss: three weeks to respond, 10 days to reply Motions related to preliminary injunctive relief: seven days to respond or reply (if allowed) Discovery motions: seven days to respond, replies usually not allowed Motions in limine and Daubert motions: usually set by the Court Motion for summary judgment: motion due six weeks after the close of the relevant discovery period, four weeks to respond, two weeks to reply Complex cases may require longer briefing schedules and the Court realizes that counsel have other demands on their time. The Court will usually defer to parties' proposed briefing schedules. However, parties must examine their calendars and consult with their opponents to ensure that briefing schedules they propose are realistic and account for the time needed to brief the motion, manage obligations in other cases, and attend to personal matters. The Court is reluctant to grant significant extensions to accommodate conflicts that counsel could have foreseen. Motions for Extensions of Time Motions for extension of time shall indicate: (i) the reason for the request; (ii) the number of previous extensions; and (iii) whether any party objects to the extension. Please do not contact chambers or the Courtroom Deputy to request an extension of time. Schedule Please review Judge Perry’s website for dates on which she will be hearing motions. Motions must be filed at least 3 business days before the motion is to be heard. So long as notice requirements have been met, the Court will also consider motions at previously-scheduled status hearings. Notices of motion must be filed separately on the docket for the motion to appear on the Court’s calendar. Do not attach the notice as an exhibit to the motion. Trial dates and discovery cutoff dates will not be reset except by written motion. Motions to extend a discovery cutoff date or to reset a trial date, whether uncontested or contested, will normally require a court appearance. Counsel should check the docket after 4:00 p.m. on the afternoon before the scheduled motion date to see if an appearance is necessary. Unless the court has told a party it need not appear, counsel is expected to be present whether or not the motion is agreed. Source ↗

MOTIONS POLICY Judge Perry hears motions on Tuesdays, Wednesdays, and Thursdays. Civil Case motions are heard at 10:00 a.m., Criminal Case motions are heard at 10:30 a.m. All motions must be noticed for presentment at least three business days before the hearing. Motions that are agreed or unopposed must include “agreed” or “unopposed” in the title of the motion. Calendar Schedule Judge April M. Perry --> Procedures to be followed in cases assigned to Judge April M. Perry Amended Complaints When filing an amended complaint, a plaintiff must file a redline as an attachment so all changes are readily apparent to the parties and the Court. This rule does not apply to people without lawyers ( pro se litigants). Bankruptcy Appeals Parties should refer to Part VIII of the Federal Rules of Bankruptcy Procedure regarding the time limits and rules for filing briefs for a bankruptcy appeal. Any motions to extend time must be filed within the applicable briefing period. Unless leave is granted, briefs are limited to 15 pages each. Source ↗

MOTIONS POLICY Judge Perry hears motions on Tuesdays, Wednesdays, and Thursdays. Civil Case motions are heard at 10:00 a.m., Criminal Case motions are heard at 10:30 a.m. All motions must be noticed for presentment at least three business days before the hearing. Motions that are agreed or unopposed must include “agreed” or “unopposed” in the title of the motion. Calendar Schedule Judge April M. Perry --> Procedures to be followed in cases assigned to Judge April M. Perry Amended Complaints When filing an amended complaint, a plaintiff must file a redline as an attachment so all changes are readily apparent to the parties and the Court. This rule does not apply to people without lawyers ( pro se litigants). Bankruptcy Appeals Parties should refer to Part VIII of the Federal Rules of Bankruptcy Procedure regarding the time limits and rules for filing briefs for a bankruptcy appeal. Any motions to extend time must be filed within the applicable briefing period. Unless leave is granted, briefs are limited to 15 pages each. Source ↗

Summary Judgment Motions for summary judgment, responses, and replies must comply with Local Rule 56.1, as well as this standing order. Parties are required to file a joint statement of undisputed material facts that the parties agree are not in dispute. All statements of undisputed material facts and their responses must be filed separately from the memoranda of law and must include the line, paragraph, or page number where the supporting material may be found in the record. If the nonmoving party wholly refuses to join in the joint statement of undisputed material facts, the moving party will be permitted to file the motion for summary judgment accompanied by a separate declaration of counsel explaining why a joint statement was not filed. The Local Rules are not technicalities. Failure to comply with the Local Rules may result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, and denying summary judgment. See LR 56.1(a)(3). Motions to strike are disfavored. See LR 56.1(e)(2). Only on rare occasions is a motion to strike appropriate, such as when an entire brief or 56.1 statement is defective. When it is appropriate, the motion must be made promptly after the filing of the purportedly offending brief or statement. If a party contends that its opponent has included inadmissible evidence, improper argument, or other objectionable material in a LR 56.1 statement, the party should raise its objection in its response or reply brief, not in a motion to strike. See LR 56.1(e)(2), (g). In complex cases, the Court might request that the parties submit a supplemental chart or organizational aid to summarize the material facts. Source ↗