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B-7007-1. MOTION PRACTICE IN ADVERSARY PROCEEDINGS

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

(1)     Movant's Obligations

If a party files a motion to dismiss under 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 supporting brief. Unless otherwise ordered by the Court, the supporting brief shall be no more than 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 21 days after the movant serves the motion and a brief to file and serve a response and a brief, unless the movant is entitled to and first files an amended pleading as a matter of course under Fed.R.Civ.P. 15(a)(1). The response and brief may be combined into one document. Unless otherwise ordered by the Court, the response brief shall be no more than 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 so state in the response. 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 14 days after a response is served. Unless otherwise ordered by the Court, the reply brief shall be no more than 20 pages.

(b)    Motions Other than under 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 21 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.