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Federal Bar Update: Avoid multiple summary judgment motions

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Federal Bar UpdateThe Southern District of Indiana has amended its Uniform Case Management Plan to include the following language regarding summary judgment motions:

Absent leave of court, and for good cause shown, all issues raised on summary judgment under Fed. R. Civ. P. 56 must be raised by a party in a single motion.

(emphasis in original).

This new language derives from concern that some litigants were filing multiple summary judgment motions to bypass the court’s 35-page limit for summary judgment briefs. The new language from the Uniform Case Management Plan recognizes that there can be good cause for more than one summary judgment motion. However, leave of court is now necessary.

For instance, an early issue in a case that benefits from a prompt summary judgment motion – such as statute of limitations – would ordinarily seem to be a good candidate for a separate, early summary judgment motion. If denied, then a later summary judgment motion on the merits should still be available, subject, of course, to court approval upon a showing of good cause.

Notably, nothing in Fed. R. Civ. P. 56 precludes separate motions, and this rule as amended now expressly contemplates summary judgment motions on claims or defenses or any part of a claim or defense. The District Court, however, of course retains discretion over how and when motions are presented.

It will be prudent for practitioners to consider and address such issues in the case management plan and at the initial conference with the court. And, unless blessed in the case management plan, leave of court and good cause are now required for multiple summary judgment motions. The court’s 35-page limit is generous in comparison to many other courts, and filing multiple motions to bypass that limit is no longer available (and of course was likely never well received).

Uniform Patent Case Management Plans – The Southern District has amended its Uniform Patent Case Management Plans, with two different versions on its website. One version is not to be used in design patent cases or in cases assigned to Chief Judge Young, the other is for design patent cases or cases assigned to Chief Judge Young.

Mark Your Calendars- The Annual Federal Civil Practice Seminar will be held Friday, Dec. 16, in Indianapolis, starting at 1:30 p.m. Three hours CLE will be provided.•

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John Maley – jmaley@btlaw.com – is a partner with Barnes & Thornburg, LLP, practicing federal and state litigation, employment matters, and appeals. The opinions expressed in this column are the author’s.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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