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Monday, August 2, 2021

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Hon. Marco A. Hernández, Chief Judge

Mary L. Moran, Clerk of Court

Overview

As with other filings, the user must choose the event, enter the case number, pick the party filer, and complete the Link Party Attorney screen as appropriate. During the transaction, the user will be prompted to upload the corresponding PDF file. To access the available motion types, the user should click on Motions under Motions and Related Filings menu. Multiple motion types may be selected simultaneously. 

(a) Motion to Vacate and/or Correct Sentence §2255

A Motion to Vacate and/or Correct Sentence pursuant to 28 U.S.C. §2255 is to be filed in the criminal case and will automatically open a corresponding civil case for statistical purposes only. The related pleadings are to be filed in the criminal case.

(b) Motions for Extension of Time

Several separate events address variations of motions for extension of time. Because each motion type creates and satisfies different deadlines when ruled on by the Court, it is important to select the motion type that most closely corresponds to the extension request. The generic Extension of Time event should be used only if the extension request does not match one of the other extension events.

(c) Bill of Costs (See LR 54)

Cost Bills behave like motions; accordingly, the Bill of Costs event is under the Motions menu. A cost bill may be submitted either on the standard form supplied by the Administrative Office or in pleading form.

(d) Objections to Magistrate Judges' Orders

Although objections behave like motions, the Objection to Magistrate Judge's Order event is located on the Responses and Replies menu.

(e) Scheduling

  1. Response and Reply Deadlines: The response due date (see LR 7-1(f)(1)) and reply due date (see LR 7-1(f)(2)) for civil motions are automatically calculated by the system and will be set in the background. Although the due date for the response or reply will appear during the docket transaction, it is not editable by a non-court user and it will not display in the docket text. Subsequent or extended response and reply dates set by the Court will display in the docket text.
  2. Dispositive Motion Response and Reply Deadlines: Casewide dispositive motion response or reply due dates may be different from the actual response or reply dates generated when the dispositive motion is actually filed. Parties are cautioned to check the docket for overriding case deadlines for submissions that supersede the system-generated deadlines.

(f) File Document Under Seal

LR 5-2 authorizes attorneys who are Registered Users to file a sealed Motion to File Document Under Seal without prior authorization. The proposed sealed document is to be attached to the motion. Because this filing is sealed, no NEF will issue and the docket entry may only be viewed by court staff. Filers are encouraged to print the final screen at the end of the filing process for their records.