Central District of California Filing Bundling Requirements

CRITICALCivil cases

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

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).

CRITICALCivil cases

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

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).

CRITICAL

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

(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.

CRITICAL

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

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).

CRITICALCivil cases

The Court employs special procedures for motions under Fed. R. Civ. P. 56 for summary judgment, including the parties’ preparation of a joint brief and joint related documents.

The Court employs special procedures for motions under Fed. R. Civ. P. 56 for summary judgment, including the parties’ preparation of a joint brief and joint related documents.

CRITICAL

A superseding information or indictment must not be attached to the plea agreement and must be filed separately with its own docket entry.

A superseding information or indictment shall not be attached to the end of the plea agreement. It shall be filed pursuant to the Local Rules and have its own docket entry.

CRITICAL

For any summary judgment motion, the parties must jointly submit a single Joint Brief combining the moving and opposition papers.

The parties shall work cooperatively to submit a single Joint Brief, that is including moving and opposition papers, for any summary judgment motion brought by any moving party or parties.

CRITICAL

Only one joint Rule 56 motion may be filed without leave of court; leave requires a joint noticed motion showing good cause, and multiple summary adjudication motions filed without leave result in subsequent motions being stricken.

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.

CRITICAL

For any summary-judgment motion, the parties must cooperate to submit one Joint Brief containing moving and opposition papers, with each party’s arguments responding to the opposing party’s arguments.

The parties shall work cooperatively to submit a single Joint Brief, that is including moving and opposition papers, for any summary judgment motion brought by any moving party(ies). Each party’s arguments in the Joint Brief shall be responsive to the opposing party’s arguments.

CRITICAL

Parties must provide their portions of the Joint Brief to opposing parties sufficiently before the filing deadline to allow preparation of a proper joint brief rather than a simple compilation.

Accordingly, the parties shall provide their portions of the Joint Brief to the opposing parties sufficiently in advance of the motion filing deadline in order to submit a proper Joint Brief, not one in which each party’s portion is simply added to a joint filing.

CRITICAL

No more than one joint Rule 56 motion may be filed without leave of court, whether styled as summary judgment or summary adjudication.

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.

CRITICALCivil cases

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

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.

CRITICAL

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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).

CRITICALCivil cases

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

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.

CRITICALCivil cases

Post-trial briefs are prohibited unless the court specifically authorizes additional briefing.

The court will not accept post-trial briefs unless it finds that circumstances warrant additional briefing and such briefing is specifically authorized.

CRITICALCivil cases

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

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.

CRITICAL

Filing under seal in civil cases requires a mandatory two-step process: first file the Application for Leave to File Under Seal and unsealed attachments, then file the Sealed Declaration and sealed attachments.

The Notice of Electronic Filing will now be displayed. The docketing sequence for the first step of this two-step process (i.e., filing the Application and unsealed attachments) has been completed. You must now continue to the second step (filing the Declaration and sealed attachments) to complete the process.

CRITICALCivil cases

Parties must consolidate all evidence into a single Joint Exhibit with consecutive pagination, and may split into multiple files if too large.

Parties must consolidate any exhibits, affidavits, declarations, or other documents cited as evidence into a single document (the “Joint Exhibit”). If the file is too large to upload as a single document, then the parties may break it into two or more files; e.g., Joint Exhibit Part A, Joint Exhibit Part B, and so on. Whether in a single document or several, the Joint Exhibit should be consecutively paginated.

CRITICALCivil cases

Parties must consolidate all evidence cited in summary judgment motions into a single Joint Exhibit, which may be split into consecutively paginated parts if too large, with any table of contents filed separately.

The parties must consolidate any exhibits, affidavits, declarations, or other documents cited as evidence into a single document (the “Joint Exhibit”). If the file is too large to upload as a single document, then the parties may break it into two or more files; e.g., Joint Exhibit Part A; Joint Exhibit Part B; and so on. Whether in a single document or several, the Joint Exhibit should be consecutively paginated. For example, if the first document (Part A) starts at page 1 and ends at page 100, then the second document (Part B) should begin on page 101, and so on. A table of contents, if needed, should be filed as a separate document.

CRITICALCriminal cases

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

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.

CRITICAL

Closely related materials with mixed sealed/unsealed status must be bundled into a single docket entry with separate sealed and redacted entries.

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. For example, if certain exhibits to a declaration are to be filed under seal, even if other exhibits or the declaration are not, the entire document for which permission to seal should be sought is the declaration and all exhibits. The docket shall therefore include: (1) One unredacted, sealed docket entry containing the declaration with all exhibits, including sealed exhibits, filed as an attachment to the declaration; and (2) a separate, redacted docket entry containing the declaration with all exhibits, including redacted exhibits, filed as an attachment to the declaration.

CRITICAL

Initiating pleadings must be filed as separate documents and may not be combined with answers.

Counsel shall comply with Local Rule 3 when filing initial pleadings. All initiating pleadings, including third-party complaints, amended complaints, complaints in intervention, counterclaims, and crossclaims, shall be filed as a separate document. None shall be combined with an answer.

CRITICALCivil cases

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

All motions in limine must be combined and presented in a single omnibus memorandum of points and authorities, and oppositions to motions in limine must also be presented in one omnibus memorandum.

All motions in limine must be set for hearing at the FPTC and presented in one omnibus memorandum of points and authorities that may not exceed 7,000 words. Oppositions to motions in limine also must be presented in one omnibus memorandum that may not exceed 7,000 words.

CRITICAL

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.

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.

CRITICALCivil cases

The parties must submit a single proposed PTCO and may not submit multiple or competing proposed PTCOs.

(x) The parties shall submit only ONE proposed PTCO. It is unacceptable to submit multiple or competing proposed PTCOs. See Local Rule 16-7.

CRITICALCivil cases

The parties must submit one document if they agree on all proposed instructions, or three specified documents if they disagree.

The parties ultimately must submit one document, or if the parties disagree over any proposed jury instructions, three documents. The three documents shall consist of: (1) a set of Joint Proposed Jury Instructions; (2) Plaintiff’s Disputed Jury Instructions; and (3) Defendant’s Disputed Jury Instructions.

CRITICALCivil cases

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

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

CRITICALCivil cases

Each motion should be separately filed and numbered.

Each motion should be separately filed and numbered.

CRITICALCivil cases

Supporting documents must be filed as individual attachments, each titled with the document name.

Furthermore, each supporting document shall be filed as an individual attachment, such that each document can be accessed by its own individual link. Each attachment shall be designated by the title of the document.

CRITICALCivil cases

Parties must submit a single joint document or three separate documents if there is a dispute over jury instructions.

The parties ultimately must submit one document, or if the parties disagree over any proposed jury instructions, three documents. The three documents shall consist of: (1) a set of Joint Proposed Jury Instructions; (2) Plaintiff's Disputed Jury Instructions; and (3) Defendant's Disputed Jury Instructions.

CRITICALCivil cases

Parties must submit a single joint document or three separate documents if there is a dispute over jury instructions.

The parties ultimately must submit one document, or if the parties disagree over any proposed jury instructions, three documents. The three documents shall consist of: (1) a set of Joint Proposed Jury Instructions; (2) Plaintiff's Disputed Jury Instructions; and (3) Defendant's Disputed Jury Instructions.

CRITICALCivil cases

Only one joint FRCP 56 motion may be filed without leave of court; leave requires joint noticed motion stating good cause positions.

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. In what should be 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.

CRITICALCivil cases

Joint Brief must be accompanied by a separate Joint Appendix of Objections (JAO) for evidentiary objections.

The Joint Brief shall be accompanied by a Joint Appendix of Objections (JAO)—i.e., evidentiary objections, if any, shall be made in a single, separate document presented in a four-column table as follows:

CRITICAL

Trial exhibits must be submitted in three-ring binders on the first day of trial at 8:30 a.m.

Trial exhibits that consist of documents and photographs must be submitted to the Court in three-ring binders on the first day of trial promptly at 8:30 a.m.

CRITICALCivil cases

Parties must fully integrate the Joint Brief, JAF, JAE, and JAO; failure to comply may result in the motion being stricken and the process repeated.

If the parties have not worked to fully integrate the Joint Brief, JAF, JAE, or JAO, or have otherwise failed to fully comply with this Order, the motion may be stricken, and the parties may be required to repeat the process.

CRITICALCivil cases

Parties must submit a single joint brief for all MSJs; one moving party designated, default to defendant if no agreement. Pre-filing deadlines modifiable without leave if all parties agree and MSJ is timely.

The parties shall work cooperatively to submit a single joint brief for all MSJs brought by all moving parties. If multiple parties are moving for summary judgment, the parties should designate only one party as “the moving party” for purposes of the briefing schedule. The Court expects the parties to work together professionally and agree on which party should be designated as the moving party. If the parties are unable to agree, the defendant(s) shall be deemed the moving party. The parties may agree to modify the pre-filing deadlines in the briefing schedule without leave of Court only if (1) all parties agree to the modifications and (2) the MSJ is timely filed under the case management order.

CRITICALCivil cases

Only one joint MSJ allowed without leave of court.

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.

CRITICALCivil cases

Joint brief required for all MSJs from all moving parties.

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

CRITICALCivil cases

Only one joint MSJ allowed without leave of court.

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.

CRITICALCivil cases

Joint brief required for all MSJs from all moving parties.

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

CRITICALCivil cases

Only one joint MSJ motion permitted without leave of court.

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.

CRITICALCivil cases

No additional briefing or filings beyond the Joint Brief and reply memorandum are permitted.

No additional briefing or filing in support of or in opposition to the MSJ is permitted.

CRITICALCivil cases

The Joint Brief must be accompanied by a separate, tabbed Joint Appendix of Evidence.

The Joint Brief shall be accompanied by a Joint Appendix of Evidence (JAE)— i.e., a separate, tabbed appendix of all evidence in support of or opposition to the MSJ, including declarations, deposition excerpts, documents, photographs, etc.

CRITICALCivil cases

Parties must file a single joint brief for all summary judgment motions, with a designated moving party; modifications to pre-filing deadlines allowed by agreement if timely filed.

The parties shall work cooperatively to submit a single joint brief for all MSJs brought by all moving parties. If multiple parties are moving for summary judgment, the parties should designate only one party as “the moving party” for purposes of the briefing schedule. The Court expects the parties to work together professionally and agree on which party should be designated the moving party. If the parties are unable to agree, the defendant(s) shall be deemed the moving party. The parties may agree to modify the pre-filing deadlines in the briefing schedule without leave of Court only if (1) all parties agree to the modifications and (2) the MSJ is timely filed under the case management order. A party’s failure to work cooperatively to produce a joint brief could result in the imposition of sanctions.

CRITICALCivil cases

The joint brief must be accompanied by a separate, tabbed Joint Appendix of Evidence (JAE) containing all evidence; physical evidence lodged separately; no evidence attached to brief.

The joint brief shall be accompanied by a JAE—i.e., a separate, tabbed appendix of all evidence in support of or opposition to the MSJ, including declarations, deposition excerpts, documents, photographs, etc. Physical evidence (e.g., video recordings) shall be lodged separately. No evidence should be attached to a memorandum of points and authorities or included anywhere other than in the JAE.

CRITICAL

Only one Rule 56 motion per party is permitted; parties may not evade page limits by filing multiple motions, and leave for an additional motion or increased page limits requires a noticed motion with a detailed good-cause showing.

No party may file more than one (1) motion pursuant to Federal Rule of Civil Procedure 56, regardless of whether such motion is denominated a motion for [...] must not attempt to evade the page limitations for briefs by filing multiple motions. If a party believes this is one of the rare instances in which good cause exists for more than one motion for summary judgment or to increase page limits, the party must seek leave by noticed motion setting forth a detailed showing of good cause.

CRITICALCivil cases

Evidence must not be attached to the Joint Brief; it must be in the JAE.

No evidence should be attached to a memorandum of points and authorities or included anywhere other than in the JAE.

CRITICALCivil cases

Joint Appendix of Objections must accompany the Joint Brief.

The Joint Brief shall be accompanied by a Joint Appendix of Objections (JAO)—i.e., evidentiary objections, if any, shall be made in a single, separate document presented in a four-column table as follows:

CRITICALCivil cases

Only one joint summary judgment motion may be filed without leave of court; additional motions require court permission.

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.

CRITICALCivil cases

Parties must file a single joint brief containing both moving and opposition papers for any summary judgment motion.

The parties shall work cooperatively to submit a single joint brief, that is including moving and opposition papers, for any MSJ brought by any moving party(ies).

CRITICALCivil cases

Joint Appendix of Evidence must accompany the Joint Brief.

The Joint Brief shall be accompanied by a Joint Appendix of Evidence (JAE) (e.g., a separate, tabbed appendix of all evidence in support of or opposition to the MSJ, including declarations, deposition excerpts, documents, photographs, etc.).

CRITICALCivil cases

Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order; and

Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order; and

CRITICALCivil cases

Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order; and

Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order; and

WARNINGCriminal cases

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.

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.

WARNING

(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.

(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.

WARNING

Cross-motions on the same legal issues are disfavored; a non-moving party believing the undisputed facts entitle it to summary judgment should request it in its response (Fed. R. Civ. P. 56(f)), and parties seeking summary judgment on different claims or defenses should meet and confer and follow the Order's procedures.

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.

WARNING

If a party files multiple summary-adjudication motions without leave, the court will consider the first and strike the later 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.

WARNING

Please complete this worksheet jointly and file it with your Joint Rule 26(f) Report.

Please complete this worksheet jointly and file it with your Joint Rule 26(f) Report.

WARNING

Please complete this worksheet jointly and file it with your Joint Rule 26(f) Report.

Please complete this worksheet jointly and file it with your Joint Rule 26(f) Report.

WARNINGCivil cases

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

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.

WARNING

The Joint Rule 26(f) Report must be a single report filed jointly by all parties.

“Jointly” means a single report, regardless of how many separately represented parties are involved in the case.

WARNING

The Joint Rule 26(f) Report must be a single report filed jointly by all parties.

“Jointly” means a single report, regardless of how many separately represented parties are involved in the case.

WARNING

Documentary evidence over 50 pages must be separately bound, tabbed, and indexed.

If documentary evidence in support of or in opposition to a motion exceeds 50 pages, the evidence must be separately bound and tabbed and include an index.

WARNING

Documentary evidence over 200 pages must be placed in a binder with index and tab dividers.

If such evidence exceeds 200 pages, the documents shall be placed in a binder, with an index and with each item of evidence separated by a tab divider.

WARNINGCivil cases

Documentary evidence over 50 pages must be separately bound, tabbed, and indexed; over 200 pages must be in a three-ring binder with tab dividers.

If documentary evidence in support of or in opposition to a motion exceeds 50 pages, the evidence must be separately bound and tabbed and include an index. If such evidence exceeds 200 pages, the documents shall be placed in a three-ring binder, with an index and with each item of evidence separated by a tab divider.

WARNING

Motions in limine must not be compound and may address only one item or, where common grounds apply, one category of evidence or witnesses.

Motions shall not be compound; i.e., each motion shall address only one item of evidence or witness. If common grounds for exclusion or admission apply to multiple items of evidence or witnesses, each motion shall address only one category of evidence or witnesses.

WARNINGCivil cases

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

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

WARNING

Exhibits must be placed in three-ring binders.

Exhibits must be placed in three-ring binders indexed by exhibit number with tabs or dividers on the right side. Counsel shall submit to the Court an original and copy of the binders. The spine portion of the binder shall indicate the volume number and contain an index of each exhibit included in the volume.

WARNINGCivil cases

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

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.

WARNINGCivil cases

Cross-motions on same legal issues are highly disfavored.

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

WARNINGCivil cases

The worksheet must be filed jointly with the Joint Rule 26(f) Report.

Please complete this worksheet jointly and file it with your Joint Rule 26(f) Report.

WARNINGCivil cases

Physical evidence must be lodged separately from the JAE.

Physical evidence (e.g., video recordings) shall be lodged separately.

WARNINGCivil cases

Evidence must be included only in the JAE, not attached to memoranda.

No evidence should be attached to a memorandum of points and authorities or included anywhere other than in the JAE.

WARNINGCivil cases

Motions for summary judgment discouraged in ERISA cases.

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.

WARNING

The parties should place both sides’ motions together in one 3-inch binder if possible, but may use separate binders if the materials do not fit easily.

Plaintiffs’ and Defendants’ motions should be placed together in a single 3-inch binder if possible; if these materials do not fit easily into a 3-inch binder, the parties may submit separate binders.

WARNING

Parties must not file multiple motions to evade page limits.

The parties must not attempt to evade the page limitations for briefs by filing multiple motions.

WARNING

Evidence exceeding 200 pages must be placed in a three-ring binder with index and tab dividers.

If such evidence exceeds 200 pages, the documents must be placed in a three-ring binder, with an index and with each item of evidence separated by a tab divider.

WARNING

Evidence exceeding 50 pages must be separately bound, tabbed, and include an index.

If documentary evidence in support of or in opposition to a motion exceeds 50 pages, the evidence must be separately bound and tabbed and include an index.

WARNING

Parties must only submit evidence specifically supporting or controverting facts; entire deposition transcripts and interrogatory responses are prohibited unless specifically relevant.

No party must submit evidence other than the specific items of evidence or testimony necessary to support or controvert a proposed statement of undisputed fact. For example, entire deposition transcripts, entire sets of interrogatory responses, and documents that do not specifically support or controvert material in the separate statement must not be submitted in support of or in opposition to a motion for summary judgment.

WARNING

The parties should place both sides’ motions together in one 3-inch binder if possible, but may use separate binders if the materials do not fit easily.

Plaintiffs’ and Defendants’ motions should be placed together in a single 3-inch binder if possible; if these materials do not fit easily into a 3-inch binder, the parties may submit separate binders.

WARNINGCivil cases

Physical evidence must be lodged separately from the JAE.

Physical evidence (e.g., video recordings) shall be lodged separately.

INFO

Parties are encouraged to use tabs, tables of contents, headings, and indices to assist the Court in absorbing facts.

Court in absorbing the facts (e.g., generous use of tabs, tables of contents, headings, indices, etc.).

INFOCivil cases

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.

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.

INFOCivil cases

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

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).

INFOCivil cases

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

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).

INFOCivil cases

The parties are strongly encouraged to submit one joint Memorandum when possible.

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

INFOCivil cases

Parties are encouraged to submit a joint Memorandum of Contentions.

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

INFOCivil cases

Parties are encouraged to submit a joint Memorandum of Contentions.

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

INFOCivil cases

Bankruptcy appeals decided on papers without hearing.

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.

INFOCivil cases

Bankruptcy appeals decided on papers without hearing.

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.

INFO

Parties intending multiple sealing applications are encouraged to file a single joint application identifying evidence all parties agree to seal and evidence each party separately seeks to seal.

If the parties intend to file multiple applications to seal, they are encouraged to file a joint application to seal that identifies (1) the record evidence that all parties agree should be sealed and (2) the record evidence each party separately desires to be sealed.

CRITICAL

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

(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.

CRITICAL

Attachments to filed/lodged documents must be separately docketed with descriptions; non-compliant attachments may be struck.

If a filed or lodged document has declarations, exhibits, or other attachments, each attachment must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration, 29-2 Ex. 1 - License Agreement, 29-3 Request for Judicial Notice). The Court may strike or not filed in accordance with this Order.

CRITICAL

Parties must deliver a joint indexed trial binder to the Courtesy Box by 5:00 p.m on the day trial filings are due.

Parties must deliver a joint trial binder containing all pretrial documents, indexed and with accompanying table of contents, to the “Courtesy Box” located outside of Courtroom 2 on the 2nd floor at the United 5:00 p.m on the day trial filings are due.