The Court’s Local Civil Rule 7(K) requires counsel for a party who files a dispositive or partially dispositive motion addressed to a pro se party to notify the pro se party of his or her right to respond to the motion. E.D. Va. Loc. Civ. R. 7(K). Consistent with the Fourth Circuit’s recent opinion in Milla v. Brown, 109 F.4th 222, 233-34 (4th Cir. 2024), the Court will now issue a Roseboro notice to the pro se party. In light of this new procedure, Local Civil Rule 7(K) will likely be amended in the near future; however, it remains in effect for the time being. As the Court’s Roseboro notice will often post-date the counsel notice required by Rule 7(K), the response time for the pro se party will be governed by the Court’s notice. The Court will provide notice of any further developments on this issue.
Tuesday, September 3, 2024