There's rarely enough pages to include everything you want to in a brief. Asking for more pages can also be rather fraught, and its difficult to convincingly explain why your case is more complicated -- i.e. more deserving of the court's limited time -- than any of the other complex and high-dollar cases moving through the district.
Because of this, it can be especially galling to leave pages on the table. This can happen, for instance, when briefing motions in limine before judge Noreika, whose standard scheduling order allows a party to brief no more than 3 MIL's with opening and answering briefs limited to 3 pages each and one page replies.
But what if you only have 2 motions you want to bring? what if you have one long motion and 2 that could fit into a single page? Might the Court let you use those pages as you see fit as long as you keep it all under 21 pages (9+9+3)?
The answer, appears to be no. The parties in Evertz Microsystems Ltd. v. Lawo Inc., C.A. No. 19-302-MN, D.I. 399 (D. Del. Sept. 10, 2021) tried to stipulate to just such an arrangement -- eliminating the limit on the number of MIL's as long as the briefing could fit into 9-page omnibus opening and answering briefs and 3-page omnibus replies. Id., D.I. 398.
Judge Noreika rejected this proposal the very next day in a short order that directed the parties to "follow the Court's standard Motion in Limine practice set forth in the Scheduling Order."
And the fight to eke out just one more page continues.
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