Friday, February 17, 2012

Magistrate Judge Brown Explains How the Local Rules Work.


Apparently you can't just waive the Local Rules by agreement, you sort of need the Court to sign on to your little side deal too:
The Local Rules are not simply guidelines for the litigants. They also exist, in some instances, for the Court's benefit as well. The rule at issue (Local Rule 26.1(h)(1)) was created to prevent exactly what is happening in this case . . . a flurry of last minute motions to prepare the case for trial. Here we are, after the discovery deadline has passed, on the issue of plaintiff retaining an expert on a matter that could have - and should have - been resolved long before now. Perhaps defendant would like to retain its own expert? Perhaps the next step would be an evidentiary hearing? This is why the rule exists.

No 1aw has been cited that gives the parties the right to summarily decide they won't be bound by a Local Rule. Were that the case, perhaps the parties could also agree to disregard the prefiling conference requirement (Local Rule 7.1(a)(3))? Perhaps the parties could agree not to be bound by the page limitations as well? A party could file a 45 page motion and as long as the opposition doesn't raise the page limits issue the Court should or must accept same?
Five very good questions -- is it Passover (plus one) yet?

Also, if I'm not mistaken, the Local Rule at issue (you have to file discovery motions thirty days after grounds exist) -- wasn't that Magistrate Judge Brown's idea in the first place?

Oops!

8 comments:

  1. Cats and dogs living together.....

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  2. In SFL's dream Spencer Aronfeld will have a case in front of Brown.

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  3. He's been using similar language for years. In one order he's said, "the local rules are not mere inconveniences." Great stuff...

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  4. "Rules must be obeyed!"
    Col. Klink.

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  5. Nothing like being lectured by the least bright, least talented, nastiest magistrate judge on the bench

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  6. Oh, Brown isn't the least bright of the mags. There is, sad to say, another.

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  7. Yes, but he is not as vicious, nor does he pretend to have to bear up under the burden of lesser intellects who appear before him. What I do not understand is why the Court endures lightweights when it can have the pick of the crop. Neither of those guys could be hired a s a law clerk, yet the Court imposes them on the citizens of the district as judges.

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  8. cowards taking potshots

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