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Continuance of Status Conference and Pretrial Conference and Trial

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Local Rule Number: 
Rule 7090-1
7000 Series

(A)     Continuance of Adversary Proceeding Scheduling Conference.  Except for brief continuances sought pursuant to Local Rule 7004-2(B) or to accommodate the schedules of counsel (or the parties, if unrepresented), the Court will continue the scheduling conference only in extraordinary circumstance.  Any request to continue an adversary proceeding scheduling conference or any deadlines set forth in the “Order Setting Scheduling Conference and Establishing Procedures and Deadlines” must: (1) be presented by written motion filed no later than the earlier of two business days before the scheduling conference, or as soon as a scheduling conflict is identified; (2) set forth the status of service of process, the pleadings, and the pendency of any potentially dispositive motions; and (3) state the reasons why the party or parties seek a continuance.

☞ 2022 Amendment:  Local Rule 7090-1(A) is amended as Interim Local Rule 7090-1(A) to conform to revisions to court's forms "Order Setting Scheduling Conference and Establishing Procedures and Deadlines" and "Order Setting Filing and Disclosure Requirements for Pretrial and Trial. (See Administrative Order 2022-02).

(B)     Continuance of Pretrial Conference and Trial.  Requests for continuance of a pretrial conference or trial must be requested by written motion filed no later than two business days before the pretrial conference, or as soon as a scheduling conflict is identified.  The motion must set forth (1) why the parties seek a continuance; (2) whether a continuance has previously been granted; (3) whether the client and opposing party consent to a continuance; and (4) the status of the litigation, including exchange of initial disclosures and status of discovery.  The moving party must submit a proposed order that provides blank spaces for the date and time of the rescheduled trial or pretrial conference in the event that the court grants the motion without hearing.  Motions for continuance of a pretrial conference or trial will be granted only under exceptional circumstances, and the stipulation of all parties is not sufficient grounds, standing alone, for a continuance.

[Comment: Compare Local Rule 5071-1 (continuances of hearings), and Local Rule 9013-1(C)(8) (no hearing necessary on motion for continuance).]

☞ 2020 Amendment: Amendment includes a new subsection (A) addressing the procedure to be used for continuances following the Court’s adoption of adversary proceeding status conferences.