A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: CM/ECF

Reminder That Monday is a Federal Holiday, and Also That CM/ECF May Be Down

Andrew E. Russell, Nov. 8, 2024
CM/ECF PACER

Veterans Day
Chad Madden, Unsplash

Monday is Veterans' Day, a federal holiday. Keep that in mind if you have dates calendared for Monday—they may move under FRCP 6.

Of course, if you have a hard November 11, 2024 deadline set in, for example, a scheduling order, that deadline does not move. So also be aware that CM/ECF is also scheduled to be down until 5pm on Monday:

CM/ECF 1.8.1 Update
CM/ECF WILL BE UNAVAILABLE FROM 9 A.M. ON SUNDAY, NOVEMBER 10th, . . . UNTIL 5 P.M. ON MONDAY, NOVEMBER 11th, 2024
The U.S. District Court for the District of Delaware will upgrade its CM/ECF system to version 1.8.1 starting at 9:00 AM on Sunday, November 10th 2024. Please note that CM/ECF will be unavailable, as outlined above, during the upgrade.

To the extent you have a filing due Monday, now might be a good time to discuss an extension until after the Court's 5pm deadline.

We’ll have no post on Monday, since the Court is closed and there haven’t been a lot of opinions this week - see you Tuesday!

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Can You Rely on the Due Date in the Docket Text on PACER? No.

Andrew E. Russell, Oct. 30, 2023
CM/ECF DED

AI
Markus Winkler, Unsplash

An order on Friday reminded me of a local counsel issue that comes up from time to time here in D. Del.

Whenever a party files a motion or a brief, the docket on PACER automatically includes a due date, like so:

312 OPENING BRIEF in Support re 311 MOTION to Amend Judgment, filed by ViaTech Technologies Inc..Answering Brief/Response due date per Local Rules is 11/8/2023. (Mayo, Andrew) . . . (Entered: 10/25/2023)

ViaTech Technologies, Inc. v. Adobe Inc., C.A. No. 20-358-RGA-JLH (D. Del. Oct. 25, 2023).

The docket text is not perfectly clear, but that due date is automatically generated based on a set of rules in PACER (that are …

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Important Mechanical Note for Filings with Visiting Judges Kennelly and Wolson—And Maybe for All D. Del. Filings

Andrew E. Russell, June 15, 2023
Visiting Judges CM/ECF

At a hearing today, Judge Kennelly set forth his preferences on how parties files documents in CM/ECF. He explained that he deals with all filings electronically, and large exhibits as permitted by the Delaware CM/ECF system interfere with his work flow.

He threatened to deny motions going forward (at least in that case) if parties combine exhibits in that way, specifically pointing to the following docket item:

Judge Kennelly Example

As you can see in the highlight, the party combined multiple exhibits into sub-filings, which makes it difficult and slow to download, and impossible to download individual exhibits.

Judge Kennelly prefers that parties do it this way:

Judge Kennelly Example - Correct

Visiting Judge Wolson has expressed similar concerns for similar reasons, and his procedures go a step …

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Where to Find the OTHER District of Delaware Local Rules

Andrew E. Russell, March 20, 2021
CM/ECF KB

Sit back, relax, and enjoy this long post about <a href='#' class='abbreviation' data-bs-toggle='tooltip' data-placement='top' title='United States District Court for the District of Delaware'>D. Del</a>. local rules...
Sit back, relax, and enjoy this long post about D. Del. local rules... XPS, Unsplash

The District of Delaware's local rules are available on the court's website, but they don't tell the whole story—there are a number of critical rules and practices set forth in other documents that are not as obvious on the site.

These can really trip you up if you're not familiar with D. Del. practice.

This post is geared towards mainly towards out-of-town or in-house counsel. It covers the basics and then lays out where to find some of those other important rules if you have a …

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