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B-7007-1. MOTION PRACTICE IN ADVERSARY PROCEEDINGS

(a)   Motions to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6)

(1)     Movant's Obligations

If a party files a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6), made applicable to bankruptcy matters by Fed.R.Bankr.P. 7012(b), then that motion shall be accompanied by a brief in support of the motion.  Unless otherwise ordered by the Court, the supporting brief shall be no more than thirty-five (35) pages.  In the alternative, the moving party may file a separate motion asking to be excused from the briefing requirement.

(2)     Non-Movant's Obligations

The responding party shall have twenty-eight (28) days after the movant serves the motion and any brief to file and serve a response and a brief.  The response and brief may be combined into one document. Unless otherwise ordered by the Court, the response brief shall be no more than thirty-five (35) pages. If the moving party has been excused from filing a brief, then the responding party may elect not to file a brief but shall state in the response that no brief will be filed. If no response is filed by the deadline, the court shall consider the motion to dismiss.

(3)     Reply

If the responding party filed a response brief, the movant may file and serve a reply brief within fourteen (14) days after a response is served.  Unless otherwise ordered by the Court, the reply brief shall be no more than twenty (20) pages.

(b)    Motions to Dismiss Other than Pursuant to Fed.R.Civ.P. 12(b)(6)

Unless the court orders otherwise, if a party files a motion to dismiss other than pursuant to Fed.R.Civ.P. 12(b)(6), then the responding party shall have twenty-eight (28) days after the movant serves the motion to file and serve a response.  If no response is filed, the court shall consider the motion.

(c)    Motions for Summary Judgment

Local Rule B-7056-1 sets the procedure for motions for summary judgment in adversary proceedings.

(d)    Motions to Dismiss Actions Concerning Denial of Discharge

If the motion to dismiss concerns a proceeding that includes a request to deny discharge, Local Rule B-7041-2 governs as to notice.