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Judge Furman’s First Individual Rules Call for Letters to Chambers by Email and Special Procedure for Motions to Dismiss

By Charles Michael on April 17, 2012
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Newly confirmed Judge Furman published today what we believe are his first set of individual rules in civil cases (see here). Judge Furman appears comfortable with technology and interested in efficiency.  A few notable items: ● Letters to chambers should be sent by email. (Rule 1.A) ● Before a motion to dismiss may be filed, the parties must engage in a pre-motion exchange of letters intended to identify any deficiencies that can be cured by an amendment.  Judge Furman will “liberally” grant amendments brought to light by this procedure.  (Rule 3. B.i) ● After a motion to dismiss is filed, the non-moving party must alert Judge Furman within 10 days whether it will amend.  If not, “no further opportunities to amend will be granted.” (Rule 3. B.ii) ● For summary judgment motions, the parties must supply Judge Furman with searchable transcripts relied upon. (Rule 3.C.iii) ● Parties should cite to Westlaw (not Lexis) for unpublished cases. (Rule 3.E)

Photo of Charles Michael Charles Michael

Charles Michael is an accomplished commercial litigator who resolutely defends clients in high stakes disputes and arbitrations. He is also experienced in regulatory and criminal investigations, and represents clients under investigation by the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority…

Charles Michael is an accomplished commercial litigator who resolutely defends clients in high stakes disputes and arbitrations. He is also experienced in regulatory and criminal investigations, and represents clients under investigation by the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the Commodity Futures Trading Commission (CFTC), and the Department of Justice (DOJ).

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  • Organization:
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