Court Amends Local Civil Rules 7.1 and 7.4

On February 27, 2012, the Judges of the Eastern District approved a resolution effective as of that date to amend Local Civil Rule 7.1 and Local Civil Rule 7.4(b)(2).

In Rule 7.1, the party opposing a motion shall serve a brief in opposition within 14 days after service of the moving party’s motion.  This rule is extended to responses to motions filed under Federal Civil Rule 12(b) or 56.  In absence of a timely response the motion may be granted as uncontested, except as provided by Federal Rule of Civil Procedure 56.  The prior Rule 7.1 permitted 21 day responses to Rule 12(b) or Rule 56 motions.

Rule 7.4 regarding Notices and Stipulations paragraph (2) is amended to state that “in accordance with Fed. R. Civ. P. 6(b) no stipulation between the parties relating to the extension of time shall be effective until approved by the Court”.  Under the prior Rule 7.4 the Clerk of the Court could grant an extension of 30 days upon a stipulation of all parties.