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.

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).

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

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

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).

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.

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.

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).

Summary judgment motions require 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.

Required

Always

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

Required

Always

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.

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.

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.

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.

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

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.

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.

Only one joint 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.

Motions in limine must be separately filed and numbered; bundling is prohibited.

Each motion should be separately filed and numbered.

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.

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.

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.

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.

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.

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:

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.

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.

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.

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.

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.

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.

Parties must submit a single joint brief for all motions for summary judgment.

The parties shall work cooperatively to submit a single joint brief for all motions for summary judgment or adjudication (MSJs) brought by all moving parties.

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.

Multiple parties' deposition excerpts from the same deposition must be combined into a single exhibit.

When multiple parties wish to produce different excerpts of the transcript of the same deposition, the excerpts shall be combined into a single exhibit containing all pages to which either party cites.

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.

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).

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.

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.).

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.

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:

Court reporters may separately bind deposition testimony or exhibits containing protected material; such materials may not be disclosed except as allowed by the protective order.

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

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

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.

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.

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.

Only include materials to be sealed in the PDF; do not include non-sealed exhibits.

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.

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

(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.

The FOIA/ERISA scheduling worksheet must be completed jointly and filed with the Joint Rule 26(f) Report.

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

Exhibits must be placed in loose leaf binders with tabs.

All exhibits will be placed in loose leaf binders which are tabbed down the

Required

Always

Two binders of exhibits must be prepared: an original for the Clerk (tagged) and a copy for the Court, each with an index.

Two binders will be prepared: (1) an original for the Clerk, which will be tagged with the appropriate exhibit tags in the upper right-hand corner of the first page of each exhibit, and (2) one copy for the Court. Each binder will contain an index of the exhibits included.

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.

Large PDFs may be split; only include materials 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.

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.

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.

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.

Discovery proceeds during pending motions unless otherwise ordered.

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.

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

Required

Always

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.

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.

Physical evidence must be lodged separately from the JAE.

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

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.

Required

Always

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.

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.

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.

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.

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.

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.

Physical evidence must be lodged separately from the JAE.

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

Parties must submit three sets of exhibit binders: one original and two copies.

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.

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.

Cross-motions on same legal issues are highly disfavored.

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

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.).

Required

Always

Settled cases administratively closed after 30 days without final order.

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.

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).

Parties are encouraged to submit a joint Memorandum of Contentions.

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.

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.

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.