Legal Briefing Schedule Order

LEGAL BRIEFING SCHEDULE ORDER

This Legal Briefing Schedule Order is entered by stipulation of the parties on this day of , , between Plaintiff: and Defendant: .

RECITALS

WHEREAS, the parties are engaged in litigation identified as Case No. , and have conferred regarding briefing of dispositive and/or other dispositive-related motions; and

WHEREAS, the parties have agreed upon deadlines and page limits for briefs to promote orderly adjudication and to conserve the resources of the Court and the parties;

WHEREAS, the Court finds the proposed schedule reasonable and in the interests of justice;

NOW, THEREFORE, IT IS HEREBY ORDERED

1. Briefing Schedule. The parties shall adhere to the following schedule unless modified by further order of the Court:

   Opening brief due on or before ; Response brief due on or before ; Reply brief due on or before .

2. Page and Time Limits. Unless otherwise ordered, briefs shall comply with the following limits:

   Opening brief maximum: pages; Response brief maximum: pages; Reply brief maximum: pages.

   If parties elect to specify word limits in lieu of page limits, they shall state the agreed word counts in writing and obtain the Court's approval.

3. Format and Filing. Briefs shall comply with applicable rules of court concerning format, citations, and exhibits. Electronic filing is required where available. Each brief must include a concise statement of issues and authorities and shall designate any appendix or record citations with specificity.
4. Requests for Extension. Requests for extension of any deadline shall be made no later than three business days prior to the affected deadline and must set forth with specificity: (a) the reason for the extension; (b) the length of the extension requested; and (c) whether the opposing party consents. Unopposed stipulations for brief, reasonable extensions may be entered by the Court upon filing; opposed requests require a showing of good cause.
5. Conferral Requirement. Prior to filing any motion that would alter the schedule, counsel must confer in good faith and certify in the motion that the conferral occurred, identifying the persons involved and summarizing positions. Failure to confer may result in denial or denial without prejudice.
6. Sanctions for Non-Compliance. Failure to comply with this Order may result in sanctions, including but not limited to striking noncompliant filings, denial of relief, imposition of costs and attorney fees, or other relief the Court deems appropriate.
7. Oral Argument. The parties may request oral argument by filing a separate request no later than the date on which the reply brief is due. The request shall state whether the party making the request consents to telephonic or virtual argument and estimate the time requested. The Court will grant argument in its discretion.

NOTICES

ADDITIONAL PROVISIONS

This Order represents the complete briefing schedule agreed to by the parties and approved by the Court. Any modification shall be effective only if reduced to writing and approved by the Court.

Governing Law: This Order shall be governed by the substantive and procedural law of the jurisdiction in which the Court presides. Any dispute regarding interpretation or enforcement of this Order shall be determined by the presiding Court.

Entire Agreement: This Order constitutes the entire agreement between the parties regarding the briefing schedule. All prior oral or written agreements on this subject are superseded.

Severability: If any provision of this Order is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments and Waiver: No amendment or waiver of any provision of this Order will be effective unless in writing and signed by counsel for all parties and approved by the Court. A party's failure to seek enforcement of any provision shall not constitute a waiver of the right to enforce thereafter.

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