INSTITUTIONAL CASEWORK, INC. v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA

Filing 5

ORDER governing procedures for motions filed under Fed. R. Civ. P. 12. See contents of this filing for instructions. Signed by Judge Cathy Bissoon on 6/4/24. (dcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

INSTITUTIONAL CASEWORK, INC.,
Plaintiff,
v.
TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA,
Defendant.

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Civil Action No. 24-157E
Judge Cathy Bissoon

ORDER
Given that motions pursuant to Federal Rule of Civil Procedure 12(b) are discouraged if
the pleading defect is curable by amendment, IT HEREBY IS ORDERED that the parties must
meet and confer prior to the filing of such a motion to determine whether it can be avoided.
The duty to meet and confer extends to parties appearing pro se. Consistent with the foregoing,
motions to dismiss must be accompanied by a certificate of the movant, stating that the
moving party has made good faith efforts to confer with the nonmovant(s) to determine whether
the identified pleading deficiencies properly may be cured by amendment.
Motions to dismiss that do not contain the required certification will be summarily
denied. Furthermore, a non-moving party’s non-compliance with this Order, including
a failure to timely engage in the meet-and-confer process, may result in the assessment of
monetary and/or nonmonetary sanctions. Those sanctions may include, but are not limited
to, an assessment of attorney(s)’ fees and costs associated with the filing of the motion to
dismiss; and/or a denial of the non-movant’s subsequent request for leave to amend.

In addition, the parties shall endeavor not to oppose motions to amend the pleadings that
are filed prior to the initial Case Management Conference, or within the time set forth in the
parties’ Rule 26(f) Report and/or the Court’s Rule 16 Case Management Order.
Finally, IT IS ORDERED that: (1) as soon as is practicable, Plaintiff(s) promptly shall
serve a copy of this Order upon Defendant(s); (2) all counsel and unrepresented parties must
read, know and understand the Local Rules of this Court (see web page at:
https://www.pawd.uscourts.gov/court-info/local-rules-and-orders/local-rules); and (3) all counsel
and unrepresented parties must familiarize themselves with the undersigned’s Practices and
Procedures, see web page at https://www.pawd.uscourts.gov/content/cathy-bissoon-districtjudge, and they will be held responsible for complying with the same.
IT IS SO ORDERED.

June 4, 2024

s/Cathy Bissoon
Cathy Bissoon
United States District Judge

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