Motions; Form and Service – Continuances

(a) Motion Required. A request to continue a hearing must be made by motion. The motion must: (1) state the basis for the request; (2) state whether a continuance has previously been granted; (3) state whether any adverse party consents; and (4) be filed at the earliest practical opportunity before the hearing. (b) Procedure.

Immediately after filing the motion, the movant must upload a proposed order to CM/ECF. Unless the movant has contacted the judge’s chambers before filing the motion and obtained a new hearing date, the uploaded proposed order must include blanks for the new hearing date. After the court reviews the motion, the judge’s chambers will provide the movant with a new date and direct the movant to upload a revised proposed order. The provision of a continued hearing date and the submission of a proposed order are to enable the court to consider the motion without a hearing, but do not indicate that the motion will be granted or that the court will adjudicate the motion without a hearing.

52 Rule 9014-1. Contested Matters – Applying Part VII Rules (a) Discovery. (1) (2) Local Rule 7030-1 and subdivisions (b), (c), (d), and (e) of Local Rule 7026-1 apply in a contested matter. The time under Fed. R. Civ. P. 26(b)(2)(A) to respond to a request under Fed. R. Civ. P. 34(a) in a contested matter is shortened to 14 days after service of the request.

(b) Judicial Settlement Conference. Local Rule 7016-1 and Fed. R. Civ. P. 16(c)(2)(I) apply in a contested matter in which the parties select a settlement judge under Local Rule 9019-2(c) to conduct a judicial settlement conference.