Central District of California Filing Bundling Requirements

Cross-motions for summary judgment should use 3-brief or 4-brief approach instead of separate motions to avoid overburdening the Court.

Source text: Parties wishing to cross-move for summary judgment should not file two separate motions (6 briefs plus fact statements). This is to avoid overburdening the Court with two sets of probably overlapping but conflicting briefs, fact statements, and evidence. Rather, the parties should consider whether the issues can be adequately addressed in 3 briefs, and determine who should be the moving party. If a 3-brief approach is not sufficient, the parties should instead file 4 briefs consisting of (1) a motion (25-page memorandum), (2) an opposition and cross-motion (30-40 page memorandum), (3) a reply and opposition (25-30 page memorandum), and (4) a reply (15 page memorandum).

Cross-motions for summary judgment should use 3-brief or 4-brief approach with specified page limits instead of separate motions.

Source text: Parties wishing to cross-move for summary judgment should not file two separate motions (6 briefs plus fact statements). This is to avoid overburdening the Court with two sets of probably overlapping but conflicting briefs, fact statements, and evidence. Rather, the parties should consider whether the issues can be adequately addressed in 3 briefs, and determine who should be the moving party. If a 3-brief approach is not sufficient, the parties should instead file 4 briefs consisting of (1) a motion (25-page memorandum), (2) an opposition and cross- motion (30-40 page memorandum), (3) a reply and opposition (25-30 page memorandum), and (4) a reply (15 page memorandum).

Only one joint motion under Rule 56 allowed without leave of court; subsequent motions stricken.

Source text: (c) Multiple Joint Motions are Highly Disfavored. No more than one joint motion may be filed under Fed. R. Civ. P. 56 without leave of court, regardless of whether such motion is denominated a motion for summary judgment or summary adjudication. In the rare case in which leave of Court is sought, the parties shall file a joint noticed motion setting forth their respective positions on the existence of good cause for the filing of multiple motions. If multiple motions for summary adjudication are filed by the same party without leave of court, the first filed motion will be considered and the subsequent motion(s) will be stricken.

Cross-motions on same legal issues are highly disfavored; non-moving party should argue in response.

Source text: (d) Cross-Motions are Highly Disfavored. This Court disfavors cross-motions that seek to adjudicate the same legal issues. If a non-moving party has a good faith belief that the undisputed material facts relied on by the moving party actually demonstrate that the opposing party is entitled to summary judgment on the same legal issue, the non-moving party should set forth its argument in its response to the moving party’s argument and request summary judgment. Pursuant to Fed. R. Civ. P. 56(f), if appropriate based on undisputed facts and controlling principles of law, the Court may grant summary judgment for the non-moving party or sua sponte enter summary judgment in favor of the non-moving party. If each party is seeking to move for summary judgment on different claims or defenses, each party should meet and confer and follow the same procedures set forth in this Order.

JAE must be filed as single PDF unless file-size constraints require multiple PDFs, which must be titled by part and exhibit series.

Source text: The JAE shall be filed as a single, combined PDF; more than one PDF may be filed if file-size constraints preclude filing the JAE as a single PDF. In the event multiple PDFs are necessary to file the JAE, each file shall be titled by part and exhibit series (e.g., JAE Part 1, Exhibits 1–50).

Cross-motions on same issues prohibited; parties must meet and confer to determine single moving party.

Source text: the court will not entertain cross-motions that seek to adjudicate the same legal issues. If parties wish to cross-move for summary judgment, their counsel shall meet and confer to determine which party will move and which will oppose the one motion for summary judgment.

Multiple summary judgment motions or exceeding page/word limits requires leave of court with good cause showing.

Source text: evade the word or page limitations for briefs by filing multiple motions. If a party believes good cause exists for more than one summary judgment motion or to increase word or page limits, the party shall seek leave by noticed motion setting forth a detailed showing of good cause. Failure to do so will result in the striking of the motion(s).

Cross-motions on same issues prohibited; parties must meet and confer to determine single moving party.

Source text: the court will not entertain cross-motions that seek to adjudicate the same legal issues. If parties wish to cross-move for summary judgment, their counsel shall meet and confer to determine which party will move and which will oppose the one motion for summary judgment.

Two sets of jury instructions required: agreed upon and disputed with objections.

Source text: The parties must submit one set of agreed upon jury instructions. At the same time, the parties must submit another set of jury instructions containing the instructions upon which the parties disagree and the objections to those instructions.

Only one proposed PTCO may be submitted; multiple PTCOs are prohibited.

Source text: The parties shall submit only ONE proposed PTCO. It is unacceptable to submit multiple or competing proposed PTCOs. See Local Rule 16-7.

Only one joint PTCO may be submitted; multiple PTCOs are prohibited.

Source text: The parties shall submit only ONE proposed PTCO. It is unacceptable to submit multiple or competing proposed PTCOs. See Local Rule 16-7.

Each party is limited to one summary judgment motion per case.

Source text: A party may file only one summary judgment motion in a case.

Each side limited to 3 motions in limine, must be consolidated; more requires leave.

Source text: Each side is limited to three (3) motions in limine, and these motions must be filed as one consolidated motion, as opposed to multiple separate motions. A party seeking to make more than three motions in limine must request leave of court to do so.

Related materials with mixed sealing status must be filed as single docket entry with multiple attachments.

Source text: Closely related materials filed at the same time where some are proposed to be filed under seal and others will not be sealed shall be considered as a single document and filed as a single docket entry containing multiple attachments.

Related materials filed together must be considered as single document for sealing purposes.

Source text: Closely related materials filed at the same time where some are proposed to be filed under seal and others will not be sealed shall be considered as a single document and filed as a single docket entry containing multiple attachments.

Defense must provide two tabbed three-ring binders for exhibits if more than 20 exhibits expected.

Source text: In trials where the defense expects to admit more than 20 exhibits, defense counsel shall provide two three-ring binders (one for the Court and one for witnesses) tabbed, if possible, with numbers to correspond to the exhibits counsel expects to introduce.

Multiple motions addressing separate issues are prohibited unless leave is obtained.

Source text: Counsel are admonished not to circumvent page limits by filing multiple motions which purport to address separate issues in a case. Such motions will not be considered unless counsel obtains leave to file more than one motion or to file a brief that exceeds the page limits authorized by the Local Rules.

No final pretrial conference or trial until all parties complete ADR.

Source text: The Court will not hold a final pretrial conference or convene a trial unless and until all parties, including the principals of all corporate parties, have completed ADR.

Three-ring binders required for trial exhibits with 3 sets (1 original for jury, 2 copies for court)

Source text: Trial exhibits that consist of documents and photographs must be submitted to the Court in three-ring binders. The parties shall submit to the Court three (3) sets of binders: one (1) original set of trial exhibits, and two (2) copies of trial exhibits. The original set of exhibits shall be for use by the jury during its deliberations, and the copies are for the Court.

Joint brief required for all MSJs from all moving parties.

Source text: The parties shall work cooperatively to submit a single joint brief for all MSJs brought by all moving parties.

Only one joint MSJ allowed without leave of court.

Source text: No more than one joint motion may be filed under Federal Rule of Civil Procedure 56 without leave of court, regardless of whether such motion is denominated a motion for summary judgment or summary adjudication.

Do not wait until last day or file prematurely; timing should be appropriate.

Source text: (e) Appropriate Timing. Parties need not wait until the motion cutoff to bring motions for summary judgment or partial summary judgment. As a courtesy to both the Court and the opposing party, a moving party should not wait until the last possible day to initiate the filing of a summary judgment motion. On the other hand, premature summary judgment motions— e.g., motions claiming that the opposing party has insufficient evidence when discovery does not close for another six months—only waste time and money for the parties and the Court.

Moving parties should not file summary judgment motions at the last possible day.

Source text: As a courtesy to both the Court and the opposing party, a moving party should not wait until the last possible day to file motions for summary judgment or partial summary judgment.

Composite motions to dismiss/summary adjudication are discouraged unless justified.

Source text: Unless clearly justified under the circumstances of the case, "motions to dismiss or in the alternative for summary adjudication" are discouraged. These composite motions tend to blur the distinctions between the two motions.

Large PDFs may be split; only include materials to be filed under seal.

Source text: A PDF file that is too large to send by email may be split into several smaller PDFs. Each document or sets of documents shall have a title page pursuant to Local Rule 11-3.8 and should only contain the materials to be filed under seal. For example, DO NOT email a PDF of exhibits 1-40 if only exhibits 5, 20, and 39 are to be filed under seal.

Discovery proceeds during pending motions unless otherwise ordered.

Source text: The parties should note that, unless otherwise ordered, discovery will not be stayed while any motion is pending, including any motion to dismiss, stayed pending completion of the Court's mandatory ADR requirement.

Counsel should not wait until motion cut-off to file summary judgment motions.

Source text: Counsel should not wait until the motion cut-off to file their motion for summary judgment or partial summary judgment.

Motions for summary judgment discouraged in ERISA cases.

Source text: If necessary, the Court will hear motions to determine the standard of review, whether discovery will be permitted, and the scope of the administrative record. Counsel are discouraged from filing motions for summary judgment or partial summary judgment for a merits determination.

Cross-motions on same legal issues are highly disfavored.

Source text: The Court disfavors cross-motions that seek to adjudicate the same legal issues.

Parties are encouraged to submit a joint Memorandum of Contentions.

Source text: The parties are strongly encouraged to submit one joint Memorandum where possible.

Motions for class certification must follow Local Rule 23-3 unless court orders otherwise.

Source text: This does not apply to motions for class certification, which must be filed in accordance with Local Rule 23-3 unless the Court expressly orders otherwise.

Settled cases administratively closed after 30 days without final order.

Source text: Upon receipt of oral or written notice that a case has settled, the Court will administratively close the case and if no agreed final order or judgment is thereafter submitted within thirty (30) days, or if no party files a motion to reopen within such time, the case shall, without further order, stand dismissed with prejudice.

Court may issue Scheduling Order without conference based on Joint Rule 26(f) Report.

Source text: The Court may vacate the Scheduling Conference and issue the Scheduling Order based solely on the parties’ Joint Rule 26(f) Report pursuant to Federal Rule of Civil Procedure 16(b).

Bankruptcy appeals decided on papers without hearing.

Source text: Counsel must comply with the Notice Regarding Appeal from Bankruptcy Court issued at the time the appeal is filed in the district court. The matter is deemed under submission on the filing of the appellant's reply brief. The Court considers bankruptcy appeals on the papers and usually does not set these matters for hearing.