POLOKA v. CITY OF PITTSBURGH
ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss, more fully stated in said order. Signed by Judge Cathy Bissoon on 6/23/2017. (kg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
PATRICIA A. POLOKA,
CITY OF PITTSBURGH,
Civil Action No. 17-828
Judge Cathy Bissoon
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.
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:
http://www.pawd.uscourts.gov/sites/pawd/files/local_rules/lrmanual_0.pdf); and (3) all counsel
and unrepresented parties must familiarize themselves with the undersigned’s Practices and
Procedures (see web page at http://www.pawd.uscourts.gov/sites/pawd/files/bissoon_pp.pdf),
and they will be held responsible for complying with the same.
IT IS SO ORDERED.
June 23, 2017
United States District Judge
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