Proposed Legal Order Redlines

PROPOSED LEGAL ORDER REDLINES

Court:    Case No.:

Judge:    Hearing Date:

Moving Party:    Opposing Party:

RECITALS

WHEREAS, on , the Moving Party filed a motion entitled seeking the relief described herein;

WHEREAS, the Court previously entered an order on (Prior Order) that addressed certain issues now subject to amendment by this Proposed Order;

WHEREAS, counsel for the parties have exchanged redlines and comments and the parties seek to submit a consolidated Proposed Order reflecting agreed and disputed modifications for the Court's consideration;

NOW THEREFORE

NOW THEREFORE, upon consideration of the motion, responses, replies, hearing arguments (if any), and the parties' submissions, and for good cause shown, the Court ORDERS as follows:

1. DEFINITIONS

1.1 For purposes of this Proposed Order, the following terms shall have the meanings set forth below: "Prior Order" means the Court's order dated ; "Effective Date" means the date the Court signs this Order.

2. REDLINE SUMMARY

3. PROPOSED ORDER (CLEAN AND REDLINE)

3.1 Clean Proposed Order: The text below is the clean version of the Proposed Order that the Moving Party requests the Court enter if the Court adopts all proposed modifications.

3.2 Redline Version: The redline below identifies additions in underline and deletions in strikethrough. Each redline entry must cite the paragraph or line of the Prior Order that is altered.

4. DISPUTED PROVISIONS

4.1 The parties identify the following specific provisions that remain in dispute and the position of each party as to the proposed language.

5. CERTIFICATION OF MEET AND CONFER

Counsel for the parties certify under penalty of perjury that they have conferred in good faith regarding the language of this Proposed Order and the attached redlines in an effort to narrow disputes as required by applicable rules.

I certify that the parties met and conferred in good faith as described above.

6. SERVICE; IMPLEMENTATION

6.1 The party identified below shall be responsible for lodging the Proposed Order with the Court and serving it on all parties of record in compliance with the Court's filing and service rules.

6.2 Implementation of this Order shall be effective upon the Court's entry, unless the Court expressly states otherwise.

7. ATTORNEYS' FEES AND COSTS

7.1 Except as expressly stated in this Proposed Order, each party shall bear its own attorneys' fees and costs. Any request for fees or costs shall be made by separate motion in accordance with applicable rules and will include a detailed billing summary and declaration.

8. NOTICES

8.1 All notices, filings, and correspondence required or permitted under this Proposed Order shall be in writing and served on counsel of record or on parties appearing pro se at the addresses set forth in the Court docket or as updated by written notice to opposing counsel.

9. GOVERNING LAW; MISCELLANEOUS

9.1 Governing Law. This Proposed Order shall be governed by and construed in accordance with the substantive laws of the forum in which the action is pending, without regard to principles of conflicts of law.

9.2 Entire Agreement. This Proposed Order, together with any incorporated exhibits or attachments, constitutes the entire understanding between the parties with respect to the subject matter contained herein and supersedes all prior negotiations, agreements, and understandings, whether written or oral, to the extent they relate to such subject matter.

9.3 Severability. If any provision of this Proposed Order is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and the invalid provision shall be reformed only to the extent necessary to make it enforceable.

9.4 Amendments. Any amendment to this Proposed Order must be in writing and signed by counsel for all parties or ordered by the Court.

9.5 Waiver. No waiver by any party of a breach of any provision of this Proposed Order shall be deemed a continuing waiver or a waiver of any other breach.

9.6 Counterparts. This Proposed Order may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be deemed originals for all purposes.

10. CERTIFICATION OF ACCURACY

The undersigned counsel certify that the representations and proposed redline edits contained in this document are true and correct to the best of their knowledge and that any factual statements are supported by the record.

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