Counsel and pro se parties should direct communications concerning administrative or procedural matters to Courtroom Deputies or Chambers. Direct communications with law clerks is prohibited. Letters may be submitted to the Court via e-mail, but such communications should be limited to routine matters for which no opposition is anticipated or required. Responsive letters should only be submitted at the Court's request. Counsel shall not send copies of correspondence among and between counsel to the Court. Under no circumstances may any party or counsel communicate ex parte with any Chambers personnel concerning substantive matters.

Opening briefs in support of and in opposition to a motion shall not exceed twenty-five (25) double-spaced pages. Replies and sur-replies must be limited to ten (10) and seven (7) pages, respectively. Any request to exceed an applicable page limit must be made at least four (4) days before the filing is due and may be made through a letter e-mailed to Chambers. Counsel making such a request should confer with opposing counsel and set forth opposing counsel's position in the letter.

Opening briefs in support of and in opposition to a motion shall not exceed twenty-five (25) double-spaced pages. Replies and sur-replies must be limited to ten (10) and seven (7) pages, respectively. Any request to exceed an applicable page limit must be made at least four (4) days before the filing is due and may be made through a letter e-mailed to Chambers.

Reply and sur-reply briefs are strongly discouraged unless it is apparent on the face of the submission that such additional briefing is necessary to rebut an issue or point of law not anticipated in or otherwise discussed in the initial briefs. Reply and sur-reply briefs may be filed without leave of Court. They must be filed and served within seven (7) days of service of the brief to which the reply or sur-reply responds unless the Court sets a different schedule. Reply and sur-reply submissions should not contain a repeat recitation of the facts of the case. The Court will not necessarily delay its decision while awaiting a reply or sur-reply brief.

Yes

The Court generally does not require courtesy copies, with the following two exceptions. First, for any filings made under seal, the filing party shall send a courtesy copy via e-mail to Chambers the same day as the filing. Second, for any motions with more than five (5) or more than fifty (50) pages of exhibits, the parties shall provide the Court with a courtesy copy of the exhibits within two (2) days of filing. Courtesy copies should be submitted as a hard copy and on a thumb drive.

Contrary to Local Civil Rule 5.1.2(10), all stipulations and proposed orders must be e-mailed to Chambers rather than sent to the Clerk of Court.

The Court will only grant motions to seal upon good cause shown. When submitting a proposed order for the Court's approval, the order must contain the following language: "The Court retains the right to allow disclosure of any subject covered by this stipulation or to modify this stipulation at any time in the interest of justice."

Judge Marston does not reserve certain days or times for oral arguments or evidentiary hearings. Judge Marston generally schedules oral argument on dispositive motions and as otherwise necessary. A party desiring oral argument should request it by letter or in the body of the motion or responsive pleading. The Court is likely to hear oral argument on dispositive motions, or if either party requests oral argument.

Parties are expected to adhere to all dates contained in the Scheduling Order and set by the Federal Rules unless there is a compelling reason to justify a change. Counsel should advise the Court immediately of any compelling reason justifying an extension or continuance of any scheduled date. Such a request may be made by letter, describing in detail the basis for the request, noting the agreement or disagreement of all other counsel and setting forth the period of delay requested. A request for an extension or continuance of the date on which the case is listed for trial or the deadline for filing dispositive motions will rarely be granted and will only be considered in extraordinary circumstances. Any such request for an extension or continuance must be made at least seven (7) days before the applicable deadline or include a showing of good cause as to why the party making the request could not comply with that requirement.

Judge Marston urges parties to settle discovery disputes among themselves. However, if the parties remain unable to resolve a dispute despite making a good faith effort, counsel for the aggrieved party shall file with the Court a motion in conformity with Local Civil Rule 26.1(b), with a form of order and short brief, not to exceed five (5) pages (not including exhibits), describing the dispute. All discovery motions must attach the discovery requests at issue, as well as the written response. The Court will schedule a telephone conference with counsel to discuss the motion before the filing of any responsive brief. In filing a discovery motion, the certificate of counsel must provide specific details of the parties' efforts to resolve the dispute informally. These efforts must include verbal communications, whether by phone or in person. Exchanges of letters or e-mails are not sufficient. It is not sufficient to report that opposing counsel was not available or that the parties made "reasonable efforts." The Court will deny a discovery motion that does not meet these requirements.