As we've mentioned, Local Rule 16.4(b) must be one of the most frequently-forgotten local rules in the District of Delaware. It sets forth that a party must include certain things in a stipulation extending the fact discovery or trial dealine:
Unless otherwise ordered, a request for an extension of deadlines for completion of discovery or postponement of the trial shall be made by motion or stipulation prior to expiration of the date deadline, and shall include the following:
(a) The reasons for the request; and
(b) Either a supporting affidavit by the requesting counsel’s client or a certification that counsel has sent a copy of the request to the client.
LR 16.4.
I noted in my last post about this that "I have never seen this enforced"—but that's not true any more! Judge Noreika enforced it yesterday:
ORAL ORDER re 35 Stipulated Order - IT IS HEREBY ORDERED that the Stipulated Order is DENIED with leave to renew for failure to comply with Rule 16.4(b) of the Local Rules of Civil Practice and Procedure of the United States District Court for the District of Delaware. ORDERED by Judge Maryellen Noreika on 6/21/2023. (dlw)
Seoul Semiconductor Co., Ltd. v. GE Healthcare, Inc., C.A. No. 22-01455-MN, D.I. 36 (D. Del. 6/21/2023).
Good to know. This is another opportunity for local counsel blog readers to shine as compared to those who don't read the blog :-). I'm glad we'll have something to cite when we annoy everyone by chiming in that we need to add a LR 16.4 certification!
I've also included a nice, shiny, highlighted PDF below for those times when you need to convince a JDG (also, I hope that by posting it, I can find it myself next time).
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