United States District Court for the District of Delaware

Filing

Complete electronic filings other than initial pleadings by 5 p.m. Eastern to count as filed and served that day; initial pleadings are due before midnight.

“Aside from initial pleadings, all electronic transmissions of documents (including, but not limited to, motions, briefs, appendices, and discovery responses) must be completed by 5:00 p.m. Eastern Time, in order to be considered timely filed and served that day. All electronic transmissions of initial pleadings must be completed prior to midnight Eastern Time, in order to be considered timely filed that day.”

Motions

Objections to a magistrate judge’s order or recommendation must certify whether they raise new arguments, or identify them and explain good cause.

“Any party filing objections with a District Judge to a Magistrate Judge’s order, ruling or recommended disposition must include, along with the objections, a written statement either certifying that the objections do not raise new legal/factual arguments, or identifies the new arguments and describes the good cause for failing to previously raise the new legal/factual arguments before the Magistrate Judge.”

Sealing

Highly sensitive documents must be filed and served on paper or, for digital media, a secure electronic device.

“HSDs will be filed and served in paper form (or, if digital media, on a secure electronic device), in accordance with this Order and the HSD Guidance,”

Sealing

Before filing a highly sensitive document, seek designation by motion and include a certificate of service unless the motion is ex parte.

“Any party seeking to file an HSD must, before such filing, seek leave of court by filing a motion for HSD designation, and a certificate of service if the motion is not ex parte.”

Other

Patent and securities cases generally are no longer referred to magistrate judges for ADR; other nonbankruptcy cases require a requested, discretionary referral.

“Magistrate Judges will no longer engage in alternative dispute resolution of patent and securities cases. 3. Except in bankruptcy appeal cases, the Court will no longer automatically refer cases to a Magistrate Judge for alternative dispute resolution. Parties in nonpatent and nonsecurities cases may request, and the Court may in its discretion make, a referral to a Magistrate Judge for alternative dispute resolution.”

Other

Bankruptcy appeals are no longer automatically referred to a magistrate judge to consider mediation.

“Bankruptcy Appeals shall no longer be automatically referred to a United States Magistrate Judge to determine the appropriateness of mediation.”