§ Rule 6.1 Motion Practice

Rule 6.1. Motion Practice

(a) Application. This Rule governs all motions requesting Panel action generally. More specific provisions may apply to motions to transfer (Rule 6.2), miscellaneous motions (Rule 6.3), conditional transfer orders (Rule 7.1), show cause orders (Rule 8.1), conditional remand orders (Rule 10.2) and motions to remand (Rule 10.3).

(b) Form of Motions. All motions shall briefly describe the action or relief sought and shall include:

(i) a brief which concisely states the background of the litigation and movant's factual and legal contentions;

(ii) a numbered schedule providing

(A) the complete name of each action involved, listing the full name of each party included as such on the district court's docket sheet, not shortened by the use of references such as “et al.” or “etc.”;

(B) the district court and division where each action is pending;

(D) the name of the judge assigned each action, if known;

(iii) a proof of service providing

(A) a service list listing the full name of each party included on the district court's docket sheet and the complaint, including opt-in plaintiffs not listed on the docket sheet; and

(B) in actions where there are 25 or more plaintiffs listed on the docket sheet, list the first named plaintiff with the reference “et al.” if all the plaintiffs are represented by the same attorney(s);

(iv) a copy of all complaints and docket sheets for all actions listed on the Schedule; and

(v) exhibits, if any, identified by number or letter and a descriptive title.

(c) Responses and Joinders. Any other party may file a response within 21 days after filing of a motion. Failure to respond to a motion shall be treated as that party's acquiescence to it. A joinder in a motion shall not add any action to that motion.

(d) Replies. The movant may file a reply within 7 days after the lapse of the time period for filing a response. Where a movant is replying to more than one response in opposition, the movant may file a consolidated reply with a limit of 20 pages.

(e) Alteration of Time Periods. The Clerk of the Panel has the discretion to shorten or enlarge the time periods set forth in this Rule as necessary.

(f) Notification of Developments. Counsel shall promptly notify the Clerk of the Panel of any development that would partially or completely moot any Panel matter.