Central District of California Pre-Motion Conference Requirements

Counsel must hold a pre-filing meet-and-confer under Local Rule 7-3 before motion practice.

Source text: Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.”

The pre-filing meet-and-confer requirement still applies even if one or more parties are pro se.

Source text: The pro se status of one or more parties does not negate this requirement.

Extended briefing schedule for summary judgment motions: motion 5 weeks before hearing, opposition 3 weeks before, reply 2 weeks before.

Source text: This Court requires an extended briefing schedule for motions under Fed. R. Civ. P. 56, as follows: • Any Motion Under Fed. R. Civ. P. 56: must be filed at least 5 weeks before the noticed hearing date. • Opposition: must be filed 3 weeks before hearing date (2 weeks after the motion is filed). • Reply: must be filed 2 weeks before hearing date (1 week after the opposition is filed).

Local Rule 7-3 requires pre-filing meet and confer conference.

Source text: Local Rule 7-3 requires counsel to engage in a pre-filing conference "to discuss thoroughly . . . the substance of the contemplated motion and any potential litigants."

Motion may be struck or denied for lack of compliance statement or bad faith.

Source text: The Court may strike or outright deny a motion that lacks a prominent statement of compliance with Local Rule 7-3, or if counsel fail to meet and confer in good faith.

Meet and confer required before filing motions to dismiss or strike.

Source text: Motions to dismiss or to strike a pleading, claim, or defense can often be avoided if the parties meet and confer in good faith as required by Local Rule 7-3, especially for perceived defects that could be corrected by amendment.

Extended briefing schedule required for Rule 56 motions: motion 5 weeks before hearing, opposition 3 weeks before, reply 2 weeks before.

Source text: This Court requires an extended briefing schedule for motions under Fed. R. Civ. P. 56, as follows: • Any Motion Under Fed. R. Civ. P. 56: must be filed at least 5 weeks before the noticed hearing date. • Opposition: must be filed 3 weeks before hearing date (2 weeks after the motion is filed). • Reply: must be filed 2 weeks before hearing date (1 week after the opposition is filed).

Counsel must meet and confer to determine filing order for cross-motions and stipulate to extended briefing schedule and page limits.

Source text: Counsel must meet and confer to determine which party will file the initial motion and which will file the opposition/cross-motion. Parties should stipulate to an extended briefing schedule and extended page limits (possible limits set forth above).

Meet and confer under Local Rule 7-3 before filing attorneys' fees motion.

Source text: Before filing a motion for attorneys’ fees, counsel must meet and confer thoroughly pursuant to Local Rule 7-3 to attempt in good faith to agree on the reasonable amount of fees and expenses.

Parties must meet and confer before filing any motion or request for relief (except those in LR 7-3 and 16-12).

Source text: The Court reminds the parties of their obligation under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion. This Court also requires the parties to meet and confer on any other request for relief (except those identified in Local Rules 7-3 and 16-12).

Meet and confer required before filing any motion under Local Rule 7-3.

Source text: The parties are required under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion.

Meet and confer required before filing discovery motions.

Source text: The parties are expected to meet and confer to attempt to resolve discovery disputes before filing a discovery motion and must use their best effort to resolve all discovery disputes in a courteous, reasonable, and professional manner.

Daubert motions must be heard by 8 weeks before FPTC

Source text: Daubert motions will be set for a hearing not later than eight (8) weeks before the FPTC.

Motions in limine limited to 5 per side, filed 28 days before FPTC

Source text: Motions in limine will be heard and ruled on at the FPTC. The Court may rule orally instead of in writing. Each side is limited to five (5) motions in limine unless the court grants leave to file additional motions. All motions in limine must be filed at least twenty-eight (28) days before the FPTC.

Meet and confer required before filing motions in limine

Source text: Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

Jury instruction meet-and-confer schedule: 35 days (exchange proposals), 28 days (exchange objections), 14 days (file joint/disputed instructions).

Source text: The parties shall meet and confer regarding jury instructions according to the following schedule: At least thirty-five (35) days before the FPTC: The parties shall exchange proposed general and special jury instructions. At least twenty-eight (28) days before the FPTC: The parties shall exchange any objections to the instructions. At least fourteen (14) days before the FPTC: The parties shall file their (i) Joint Agreed Upon Proposed Jury Instructions and (ii) Disputed Jury Instructions.

Parties must strictly comply with FRCP 16 and 26 and court orders regarding scheduling.

Source text: Pursuant to Fed. R. Civ. P. 16(b), the Court will issue an Order Setting Scheduling Conference. The parties are required to strictly comply with Fed. R. Civ. P. 16 and 26, as well as this Court’s Orders.

Prefiling conference required to discuss motion substance and potential resolution.

Source text: Local Rule 7-3 requires counsel to conduct a prefiling conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.”

Meet and confer requirement applies to all cases including pro se litigants.

Source text: This requirement applies in all cases, including those with pro se litigants, and extends to all issues.

Meet and confer must be in person or by videoconference; email is insufficient.

Source text: Parties must meet and confer in person or by videoconference; email correspondence is insufficient.

Motion without required certification may be stricken or summarily denied.

Source text: A motion not supported by the certification below may be stricken or summarily denied.

Moving party must include signed certification of meet and confer attempt.

Source text: The moving party shall include a signed certification attached to the end of the filed motion as follows: “I certify that the issue raised in the motion, and attempted in good faith to resolve the motion in whole or in part.”

Failure to comply with meet and confer may result in sanctions including striking/denying motion.

Source text: Failure by any party to comply in good faith with the “meet and confer” requirement shall result in an order to show cause re sanctions—including, as appropriate, striking or denying the motion, deeming the motion unopposed, and/or awarding monetary sanctions.

Good faith conference required before motions to dismiss/strike to potentially avoid through amendment.

Source text: Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment.

Joint brief due 5 weeks before hearing; reply brief due 3 weeks before hearing.

Source text: (f) Briefing Schedule. This Court requires an extended briefing schedule for motions under Fed. R. Civ. P. 56. The Joint Brief and all supporting documents must be filed at least five (5) weeks before the noticed hearing date. Any Reply Brief by the moving party must be filed three (3) weeks before the noticed hearing date.

Ex parte applications are considered on papers without hearing unless separate motion requests hearing.

Source text: The Court considers ex parte applications on the papers and does not usually set these matters for a hearing. If a hearing is requested, the moving party must file a separate motion requesting a hearing.

Motions in limine must be filed and served 21 days before FPTC; oppositions 10 days before; replies 4 days before with courtesy copies to chambers.

Source text: All motions in limine are to be filed and personally served no later than twenty-one (21) days before the FPTC. Any oppositions to said motions are to be filed and personally served ten (10) days before the FPTC. Any replies are to be filed and personally served four (4) days before the FPTC and courtesy copies are to be delivered to Court chambers.

Pretrial motions must be filed 28 days before hearing; opposition 21 days; reply 14 days.

Source text: Pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, motions challenging Federal Rule of Evidence 404(b) evidence, and motions in limine, must be filed and served in compliance with the requirements of Local Civil Rule 6-1, i.e., at least 28 days before the date set for the hearing. Opposition (or notice of non-opposition) and reply (optional) papers must be filed and served in compliance with the requirements of Local Rule 7-9, i.e., no later than 21 days and 14 days before the hearing date, respectively.

Discovery motions require consultation with opposing counsel and specific content; non-compliant motions may not be heard.

Source text: Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain whether the requested discovery will be provided. All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery has been requested from opposing counsel, and whether the discovery has been declined, in whole or in part. Motions made without prior consultation with opposing counsel or that fail to include the above information may not be heard.

Pretrial motions must be filed 28 days before hearing with specific deadlines for opposition (21 days) and reply (14 days).

Source text: Pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, motions challenging Federal Rule of Evidence 404(b) evidence, and motions in limine, must be filed and served in compliance with the requirements of Local Civil Rule 6-1, i.e., at least 28 days before the date set for the hearing. Opposition (or notice of non-opposition) and reply (optional) papers must be filed and served in compliance with the requirements of Local Rule 7-9, i.e., no later than 21 days and 14 days before the hearing date, respectively. All motions in limine and other trial-related motions must be properly noticed for hearing no later than the date of the pretrial conference. Counsel must meet and confer with opposing counsel and attempt to resolve the issue(s) before filing a motion. Motions expected to take more than one-half hour of court time (collectively) must include a time estimate beneath the hearing date on the face page of the motion.

Discovery motions require meet-and-confer and specific content about prior requests.

Source text: Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain whether the requested discovery will be provided. All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery has been requested from opposing counsel, and whether the discovery has been declined, in whole or in part. Motions made without prior consultation with opposing counsel or that fail to include the above information may not be heard.

Multiple summary adjudication motions by same party require leave of court; subsequent motions without leave will be stricken.

Source text: Multiple motions for summary adjudication by the same party are highly disfavored. Any party wishing to file more than one motion for summary adjudication must move for leave of court and explain why the issues cannot be addressed in a single motion. 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 motions stricken.

Pre-filing meet and confer requirement exists for motions.

Source text: B. Pre-Filing Requirement to Meet and Confer ........................................................... 6

Good faith conference required before motions to dismiss/strike under Local Rule 7-3.

Source text: Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment.

Opposition to ex parte applications must be filed within 24 hours of service.

Source text: Following service of the ex parte application by electronic, facsimile, or personal service, the moving party shall notify the opposing party that any opposition must be filed no later than twenty-four (24) hours following service.

TRO applications will not be ruled on for at least 24 hours after service unless notice is excused.

Source text: The court will not rule on any Application for a TRO for at least twenty-four (24) hours after the party subject to the requested order has been served, unless notice is excused as per Fed. R. Civ. P. 65(b), or the interests of justice so require.

Scheduling conference will be set per FRCP 16 and 26; strict compliance required.

Source text: Pursuant to Fed. R. Civ. P. 16(b), the court will issue an order setting a scheduling conference as required by Fed. R. Civ. P. 26 and the Local Rules of this court. Strict compliance with Fed. R. Civ. P. 16 and 26 is required.

All parties must participate in settlement conference or ADR.

Source text: As stated in Local Rule 16-15, the parties in every action must participate in a Settlement Conference or Alternative Dispute Resolution (“ADR”) procedure.

Pre-filing conference required to discuss motion substance and potential resolution.

Source text: Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly … the substance of the contemplated motion and any potential resolution.” Counsel shall discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the court.

Rule 56 motions require 35-day filing deadline, 21-day opposition deadline, and 14-day reply deadline.

Source text: The hearing on any such motion shall be set for a date in advance of the Final Pretrial Conference. This court requires an extended briefing schedule for motions under Rule 56, as follows: • Any Rule 56 Motion must be filed at least thirty-five (35) days before the noticed hearing date. • Any Opposition must be filed at least twenty-one (21) days before the noticed hearing date (fourteen (14) days after the Motion is filed). • Any Reply must be filed at least fourteen (14) days before the noticed hearing date (seven (7) days after the opposition is filed).

Opposition to ex parte applications must be filed within 24 hours of service.

Source text: Following service of the ex parte application by electronic, facsimile, or personal service, the moving party shall notify the opposing party that any opposition must be filed no later than twenty-four (24) hours following service.

Opposition to TRO applications must be filed within 24 hours of service.

Source text: Applications for a Temporary Restraining Order ("TRO") are governed by Local Rule 7-19, which applies to ex parte applications. Thus, oppositions to an Application for a TRO must be filed within twenty-four (24) hours following service of the Application.

Court will not rule on TRO applications for at least 24 hours after service unless notice is excused.

Source text: The court will not rule on any Application for a TRO for at least twenty-four (24) hours after the party subject to the requested order has been served, unless notice is excused as per Fed. R. Civ. P. 65(b), or the interests of justice so require.

Court will issue scheduling conference order; strict compliance with FRCP 16 and 26 required.

Source text: Pursuant to Fed. R. Civ. P. 16(b), the court will issue an order setting a scheduling conference as required by Fed. R. Civ. P. 26 and the Local Rules of this court. Strict compliance with Fed. R. Civ. P. 16 and 26 is required.

Settlement conference or ADR required in every case.

Source text: As stated in Local Rule 16-15, the parties in every action must participate in a Settlement Conference or Alternative Dispute Resolution ("ADR") procedure.

Pre-filing conference required before any motion; Notice of Motion must include compliance statement; court may strike motion if parties fail to meet and confer in good faith.

Source text: Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference "to discuss thoroughly … the substance of the contemplated motion and any potential resolution." Counsel shall discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the court. Counsel shall resolve minor procedural or other non-substantive matters during the conference. The pro se status of one or more parties does not negate this requirement. The Notice of Motion must include a statement of compliance with Local Rule 7-3. The court may strike or deny a motion if counsel fail to meet and confer in good faith.

Rule 56 motions require extended briefing schedule: motion 35 days before hearing, opposition 21 days before (14 days after motion), reply 14 days before (7 days after opposition).

Source text: Any Rule 56 Motion must be filed at least thirty-five (35) days before the noticed hearing date. Any Opposition must be filed at least twenty-one (21) days before the noticed hearing date (fourteen (14) days after the Motion is filed). Any Reply must be filed at least fourteen (14) days before the noticed hearing date (seven (7) days after the opposition is filed).

Parties must meet and confer before filing motions or requests for relief, except for exempt categories.

Source text: The parties are required under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion. In addition, this court requires the parties to meet and confer regarding any other request for relief except those identified as exempt in Local Rules 7-3 and 16-12.

Discovery motions handled by assigned Magistrate Judge; must be filed early enough to obtain responses before discovery cut-off.

Source text: Discovery motions are handled by the Magistrate Judge assigned to the case. Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted.

Local Rule 7-3 requires meet and confer before filing any motion; must discuss thoroughly, preferably in person; statement of compliance required; sanctions possible for non-compliance; no exceptions for pro se or futility.

Source text: Counsel shall take note of Local Rule 7-3, which requires “counsel contemplating the filing of any motion” to “first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.” Counsel shall discuss the issues sufficiently such that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the court. Counsel shall resolve minor procedural or other non-substantive matters during the conference. The notice of motion or other request must include a statement of compliance with Local Rule 7-3. The court may strike, outright deny a motion, or order other relief, including sanctions, if counsel fails to meet and confer in good faith. This requirement applies even to self-represented parties; there is no exception to this rule for parties who appear pro se. Nor are there any exceptions to this rule for futility or redundancy.

Redlined version must be delivered to opposing counsel 2 hours before Local Rule 7-3 conference.

Source text: Before a motion to amend is filed, the redlined version also must be delivered to opposing counsel at least two hours in advance of the Local Rule 7-3 conference; and if the plaintiff later changes the delivered version, counsel will be required to meet again about the revised pleading.

Motions in limine must follow Scheduling Order and be heard before Final Pretrial Conference.

Source text: Motions in limine shall be filed and noticed for a hearing in accordance with the court’s Scheduling Order. In no case shall any motion in limine be noticed for a hearing date later than the Final Pretrial Conference.

Motions for default judgment must be filed within 14 days of default entry or resolution of claims.

Source text: Unless the court orders otherwise, motions for default judgment shall be filed within 14 days after the later of (1) entry of default against the last remaining defendant or (2) resolution of all claims against all defendants who have not defaulted.

Movant must appear at default judgment hearing prepared to argue even without opposition.

Source text: Unless the court orders otherwise, the movant must appear at the motion hearing prepared to argue the motion and respond to any tentative opinion even in the absence of an opposition.

Only one Rule 56 motion allowed without leave of court.

Source text: No party may file more than one motion pursuant to Federal Rule of Civil Procedure 56, regardless of whether such motion is denominated a motion for summary judgment or summary adjudication, without leave of court.

Opposition to ex parte applications due within 24 hours of receipt.

Source text: The other parties’ opposition, or notice of non-opposition, to an ex parte application is due 24 hours after the other parties’ receipt of the ex parte application.

Opposition to TRO applications due within 24 hours of service or filing.

Source text: Oppositions to Applications for a TRO must be filed within 24 hours following service of the Application or filing of the Application, whichever is earlier.

Court will not rule on TRO for at least 24 hours after service.

Source text: The court will not rule on any Application for a TRO for at least 24 hours after the party subject to the requested order has been served, unless notice is excused as per Federal Rule of Civil Procedure 65(b), or unless the interests of justice so require.

Motions in limine must be noticed by final pretrial conference; no replies without leave.

Source text: Motions In Limine: Motions in limine shall be noticed for hearing no later than the final pretrial conference date. No replies shall be filed, absent leave of Court.

Pre-motion conference required before filing any motion.

Source text: Counsel shall meet and confer pursuant to Local Rule 7-3, which requires “counsel contemplating filing of any motion” to “first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.”

Cross-motions on same issues not allowed; 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.

Opening brief and appendices must be provided to non-moving party 63 days before hearing.

Source text: No later than sixty-three (63) calendar days before the hearing on the motion, the moving party shall provide to the non-moving party an electronic copy of the opening brief, together with the moving party’s portion of the evidentiary appendix and joint appendix of undisputed and disputed facts.

Parties must meet and confer to resolve discovery disputes before filing discovery motions.

Source text: The parties are expected to meet and confer to attempt to resolve discovery disputes before filing a discovery motion and must use their best effort to resolve all discovery disputes in a courteous, reasonable, and professional manner.

Parties must meet and confer to resolve disputes before filing any motion.

Source text: The parties are required under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion.

Lead trial counsel must meet and confer in person 40 days before FPTC.

Source text: The parties must comply with Local Rule 16. Pursuant to L.R. 16-2, lead trial counsel for each party are required to meet and confer in person forty (40) days in advance to prepare for the FPTC.

Meet and confer required before filing motions in limine.

Source text: Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

Motions in limine must be filed 3 weeks before hearing; oppositions 2 weeks before.

Source text: All motions in limine must be filed at least three (3) weeks before the hearing date. Oppositions must be filed at least two (2) weeks before the hearing date.

Structured meet-and-confer schedule for jury instructions (35/28/21/14 days before FPTC).

Source text: The parties shall meet and confer regarding jury instructions according to the following schedule: At least thirty-five (35) days before the FPTC: The parties shall exchange proposed general and special jury instructions. At least twenty-eight (28) days before the FPTC: The parties shall exchange any objections to the instructions. At least twenty-one (21) days before the FPTC: The parties shall meet and confer with the goal of reaching agreement on one set of Joint Agreed Upon Proposed Jury Instructions. At least fourteen (14) days before the FPTC: The parties shall file their (i) Joint Agreed Upon Proposed Jury Instructions and (ii) Disputed Jury Instructions.

Conference of counsel required at least 3 days before filing any criminal motion.

Source text: No fewer than three days prior to the filing of any criminal motion, counsel must confer to determine whether the parties are in agreement regarding the issue(s) to be presented to the Court, and to determine if the scope of issue(s) to be presented to the Court can be narrowed. In the notice of motion, the moving party shall report to the Court that counsel conferred regarding the substance of the motion.

Pretrial motions must be noticed by 11 days before trial; earlier hearings require CRD clearance.

Source text: Counsel are encouraged to file their pretrial motions as early as feasible. At the latest, all pretrial motions in criminal cases, including motions in limine, must be noticed for hearing at the pretrial status conference, which is set by the CRD for the Friday morning eleven (11) days in advance of trial. However, pretrial motions may be heard at an earlier date, and counsel are encouraged to file them at an earlier date. For all motions to be heard prior to the pretrial status conference, counsel shall contact the Courtroom Deputy Clerk (“CRD”) in advance to clear a date and time for the hearing.

Discovery motions require prior consultation with opposing counsel and must include specific information or may be stricken.

Source text: Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain whether the requested discovery will be provided. All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery has been requested from opposing counsel, and whether the discovery has been declined, in whole or in part. Motions made without prior consultation with opposing counsel or that fail to include the above information may be stricken.

Pre-filing conference required for all motions, including pro se parties.

Source text: Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” Counsel should discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other non-substantive matters during the conference. This provision applies even to self-represented parties; there is no exception to this rule for parties who appear pro se.

Only one summary judgment motion permitted per case; papers should be well-organized with tabs and headings.

Source text: A party may file only one summary judgment motion in a case. Parties need not wait until the motion cutoff date to bring motions for summary judgment or partial summary judgment. The parties should prepare papers in a fashion that will assist the Court in absorbing the facts (e.g., generous use of tabs, tables of contents, headings, indices, etc.).

Opposing parties may file motions to dismiss (Rule 12) or for summary judgment (Rule 56).

Source text: The opposing party may file a motion to dismiss your action, pursuant to Federal Rule of Civil Procedure 12, or a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56.

Rule 26(f) discovery plan conference required 21 days before scheduling conference; Joint Rule 26(f) Report due 14 days before.

Source text: Federal Rules of Civil Procedure. The parties are reminded of their obligations under Rule 26(f) to confer on a discovery plan not later than 21 days before the scheduling conference and to e-file a “Joint Rule 26(f) Report” with the Court not later than 14 days before the conference.

Settlement conference under Court-Directed ADR Program required by court-set date.

Source text: Counsel must complete a settlement conference under the Court-Directed ADR Program (Local Rule 16-15.4) no later than the date set by the Court above.

Trial cannot proceed without personal appearance at settlement conference by all parties and principals.

Source text: No case will proceed to trial unless all parties, including the principals of all corporate parties, have appeared personally at a settlement conference and complied with Local Rule 16-15.5.

Final Pretrial Conference required; lead trial counsel must represent each party.

Source text: The Court will conduct a Final Pretrial Conference pursuant to Federal Rule of Civil Procedure 16 and Local Rule 16-1 on the date and tim e listed above. Each party appearing in this action shall be represented at the Final Pretrial Conf erence and at all pretrial meetings by the lead trial counsel.

Pro per parties are not exempt from Local Rule 16 requirements.

Source text: This Court does not exempt pro per parties from the requirements of Local Rule 16.

Motions must be filed 14 days before hearing with 10-page limit; oppositions 7 days before with 10-page limit; replies optional 3 days before with 5-page limit; proposed orders not required.

Source text: All motions shall be filed fourteen (14) days prior to the hearing date. The supporting memorandum shall not exceed ten (10) pages. Any opposition shall be filed seven (7) days prior to the hearing date and shall not exceed ten (10) pages. The Court does not require a reply. However, if a party elects to file one, it shall be filed three (3) days prior to the hearing date by 12:00 p.m., and shall not exceed five (5) pages. Proposed orders for motions are not required to be filed or submitted to the Judge's Chambers' email.

Pre-motion letter briefs (max 5 pages) required for summary judgment motions; opposition briefs due within 7 days; no reply without permission.

Source text: Prior to filing any summary-judgment motion, the parties must submit letter briefs requesting permission to file the motion. The opening letter brief must be no longer than 5 pages and filed electronically with the Court via CM/ECF as a “Request for Leave to File Motion for Summary Judgment.” The letter brief must state the basis for the summary-judgment motion and reasons why the motion is not premature. Opposition letter briefs must be no longer than 5 pages and filed with the Court no later than 7 days after the opening letter brief. No reply letter briefs may be filed without the Court’s permission. No hearing will be held unless otherwise ordered by the Court.

Pre-motion conference required before filing motions in limine.

Source text: Before filing any motion in limine, counsel for the parties shall confer pursuant to Local Rule 7-3 (Civil) in a good faith effort to eliminate the necessity for hearing the motion in limine or to eliminate as many of the disputes as possible.

Maximum 5 motions in limine per party without leave of court.

Source text: Neither party may file more than five (5) Motions in Limine absent leave of Court upon a showing of good cause, and leave of Court will be granted sparingly.

Motions in limine exceeding 5 per party will be stricken.

Source text: Motions in Limine in excess of a party’s first five will be stricken.

Motion required for juror questionnaires (8 weeks before trial), Court prefers agreement.

Source text: If counsel wish to submit a written questionnaire to prospective jurors, a motion shall be made in writing, with the proposed questionnaire attached, no later than eight weeks before the trial date. The Court does not routinely use questionnaires. Counsel should attempt to discuss this issue and reach a proposed agreement before submitting the motion to the Court.

Meet and confer required before filing motions or ex parte applications.

Source text: The Parties are required to meet and confer with opposing counsel prior to the filing of a motion or ex parte application under Local Rule 7-3.

Pre-filing conference required 7 days before filing any motion.

Source text: The title page of all motions must state the Pretrial Conference date and the Trial date. Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference seven days in advance of filing any motion, “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.”

Motion in limine requires meet and confer conference within 10 days, no later than 21 days before Pretrial Conference.

Source text: Before filing any motion in limine, counsel for the parties shall confer pursuant to Local Rule 7-3 in a good faith effort to eliminate the necessity for hearing the motion in limine or to eliminate as many of the disputes as possible. It shall be the responsibility of counsel for the moving party to arrange for this conference. The motion papers must include a declaration showing a good faith meet and confer effort. The conference shall take place in person within 10 calendar days of service upon opposing counsel of a letter requesting such a conference, but in no event later than twenty-one days before the Pretrial Conference. The conference may take place by via video conference call or telephone only if both counsel are not located in the same county in the Central District.

Settlement conference must be conducted 11 weeks and 1 day before trial.

Source text: Last Date to Conduct Settlement Conference 11 weeks and 1 day before trial

Pre-filing conference required 7 days before filing any motion.

Source text: The title page of all motions must state the Pretrial Conference date and the Trial date. Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference seven days in advance of filing any motion, “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.”

Meeting and conferring required before filing motions or ex parte applications.

Source text: The Parties are required to meet and confer with opposing counsel prior to the filing of a motion or ex parte application under Local Rule 7-3.

Ex parte applications require strict procedures; opposition due within 24 hours; no reply unless authorized; decided on papers unless hearing ordered.

Source text: The Court will require strict adherence to proper ex parte procedures for any ex parte application filed with the Court. Id. at 492; see also Judge Wright’s Standing Order and Local Rule 7-19. Any opposition to an ex parte application must be filed within 24 hours. Failure to submit a timely opposition constitutes consent to the granting of the application. See Local Rule 7-12. No party may file a reply unless expressly authorized by the Court. All ex parte applications will be decided on the papers and without a hearing unless the Court orders otherwise.

Summary judgment motions can be filed anytime with 35 days’ notice required.

Source text: Parties need not wait until the motion cutoff to bring motions for summary judgment or partial summary judgment. Early completion of non-expert discovery and filing of motions for summary judgment may eliminate or reduce the need for expensive expert depositions that are normally conducted in the last stages of discovery. However, the Court requires that the party moving for summary judgment will provide no less than thirty-five (35) days’ notice for such motions.

Motion in limine requires meet-and-confer conference within 10 days, in person unless geographically impractical.

Source text: Before filing any motion in limine, counsel for the parties shall confer pursuant to Local Rule 7-3 in a good faith effort to eliminate the necessity for hearing the motion in limine or to eliminate as many of the disputes as possible. It shall be the responsibility of counsel for the moving party to arrange for this conference. The motion papers must include a declaration showing a good faith meet and confer effort. The conference shall take place in person within 10 calendar days of service upon opposing counsel of a letter requesting such a conference, but in no event later than twenty-one days before the Pre-Trial Conference. The conference may take place by video conference call of telephone only if both counsel are not located in the same county in the Central District.

Motions in Limine have specific filing and hearing dates per court schedule.

Source text: Unless otherwise ordered by the Court, motions in limine will be heard on the date specified on the last page of this Order. The moving party shall file with the Court and serve its Motion in Limine on the responding party on or before the date for filing of motions in limine indicated in the Schedule of Trial and Pre-trial Dates. The responding party shall then file with the Court and serve an opposition to the Motion in Limine on the moving party on or before the date specified on the last page of this Order.

Class certification motions must follow Local Rule 23-3 and meet deadline.

Source text: All motions for class certification must be filed according to Local Rule 23-3 and on or before the date specified on the last page of this Order. The Court will rarely grant stipulations or applications to extend that deadline.

Motions must be filed 14 days before hearing; support/opposition limited to 10 pages; reply (optional) limited to 5 pages and due 3 days before hearing.

Source text: All motions shall be filed fourteen (14) days prior to the hearing date. The supporting memorandum shall not exceed ten (10) pages. Any opposition shall be filed seven (7) days prior to the hearing date and shall not exceed ten (10) pages. The Court does not require a reply. However, if a party elects to file one, it shall be filed three (3) days prior to the hearing date by 12:00 p.m., and shall not exceed five (5) pages. Proposed orders for motions are not required to be filed or submitted to the Judge's Chambers' email.

For hearings 35-70 days out: opposition due 14 days after filing, reply due 21 days after filing.

Source text: (a). Any motion that is filed and set for a hearing between 35 and 70 days from the date of the filing of the motion: (i) any opposition must be filed no later than 14 days after the filing of the motion; and (ii) any reply must be filed no later than 21 days after the filing of the motion.

For hearings >70 days out: opposition due 21 days after filing, reply due 35 days after filing.

Source text: (b). Any motion that is filed and set for a hearing more than 70 days from the date of the filing of the motion: (i) any opposition must be filed no later than 21 days after the filing of the motion; and (ii) any reply must be filed no later than 35 days after the filing of the motion.

Pre-filing conference required to discuss motion substance and potential resolution; pro se status doesn't exempt.

Source text: Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” Counsel should discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other non-substantive matters during the conference. The in propria persona status of one or more parties does not alter this requirement.

Conference of Counsel required at least 7 days before filing most motions.

Source text: The parties are also reminded about their obligation to comply with L.R. 7-3, which requires a Conference of Counsel at least seven days before a party files most types of motions. The Court may deny a motion sua sponte if the moving party fails to comply strictly with L.R. 7-3.

Pre-filing conference required before filing any motion under Local Rule 7-3.

Source text: Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.”

Daubert motions due within 7 days after expert discovery cut-off

Source text: Unlike other motions in limine, Daubert motions are usually due to be filed within seven days after the expert discovery cut-off date set in the Scheduling Order.

Daubert motions must be noticed for first available motions date at filing

Source text: The parties shall notice Daubert motions for hearing on the first available motions date at the time of their filing, unless that date is after the final pretrial conference.

Pre-filing conference required before filing any motion per Local Rule 7-3, applies to attorneys and pro se parties.

Source text: Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference "to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution." Counsel should discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other non-substantive matters during the conference. This provision applies even to self-represented parties; there is no exception to this rule for parties who appear pro se.

Cross-motions on same issues not allowed; parties must meet and confer to decide who moves.

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.

Extended briefing schedule: 63 days for opening brief, 14 days for opposition.

Source text: This Court requires an extended and modified briefing schedule for motions for summary judgment, as set forth below: • Motions for Summary Judgment: No later than sixty-three (63) calendar days before the hearing on the motion, the moving party shall provide to the non-moving party an electronic copy of the opening brief, together with the moving party’s portion of the evidentiary appendix and joint appendix of undisputed and disputed facts. • Opposition: No later than fourteen (14) calendar days after receipt of the opening brief, the non-moving party shall provide the moving party with an electronic copy of

Parties must meet and confer to resolve discovery disputes before filing motion.

Source text: The parties are expected to meet and confer to attempt to resolve discovery disputes before filing a discovery motion and must use their best effort to resolve all discovery disputes in a courteous, reasonable, and professional manner.

Parties must meet and confer before filing any motion.

Source text: The parties are required under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion.

Special procedures for summary judgment motions including joint brief requirement.

Source text: The Court employs special procedures for motions under Fed. R. Civ. P. 56 for summary judgment ("MSJ"), including the parties' preparation of a joint brief and joint related documents.

Counsel must meet and confer to resolve discovery disputes informally before filing discovery motions.

Source text: Counsel shall meet and confer to resolve discovery disputes informally prior to filing a motion for discovery.

Briefing schedule: motions 28 days, oppositions 14 days, replies 7 days before hearing.

Source text: For all motions other than motions in limine, the briefing schedule is as follows: motions shall be filed twenty-eight (28) days prior to the hearing; oppositions or notices of non-opposition shall be filed fourteen (14) days prior to the hearing; and replies, if any, shall be filed seven (7) days prior to the hearing. All motions must be properly noticed for hearing no later than the date of the Final Pretrial Conference.

Parties must meet and confer before filing motions in limine.

Source text: Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that

All parties must attend personal settlement conference before trial.

Source text: No case will proceed to trial unless all parties, including the principals of all corporate parties, have appeared personally at a settlement conference under the Court-Directed Alternative Dispute Resolution ("ADR") Program (Local Rule 16-15.4) and complied with Local Rule 16-15.5.

At least 2 weeks required between reply filing and hearing date.

Source text: Adherence to the timing requirements is mandatory for chambers’ preparation of motion matters. The parties may stipulate to a different briefing schedule, so long as the schedule provides at least two weeks between the filing of the reply and the hearing date.

Pre-filing conference required for all motions; real-time discussion required; letters/emails insufficient.

Source text: Counsel for the parties shall meet and confer pursuant to Local Rule 7-3, which requires “counsel contemplating filing of any motion” to “first contact opposing contemplated motion and any potential resolution.” The parties must discuss in real-time all issues to be raised in the motion, as well as the law and evidence relevant to those issues, so that the parties’ briefing reflects that they are fully cognizant of the other side’s position(s). Letters and e-mail are insufficient to satisfy the prefiling conference requirements of Local Rule 7-3. The notice of motion must include a statement of compliance with Local Rule 7-3. The Court may strike or summarily deny a motion if counsel fails to adequately meet and confer in good faith.

Class certification motion due within 100 days of scheduling conference.

Source text: The parties in a putative class action are to act diligently and begin discovery immediately, so that the motion for class certification can be filed expeditiously. For any action purporting to commence a class action, other than an action subject to the Private Securities Litigation Reform Act of 1995, plaintiff(s) shall file a motion for class certification no later than 100 days from the date of the scheduling conference. This deadline will be continued only upon a showing of due diligence and good cause.

Motions set for hearing within 35 days follow Local Rules 7-9 and 7-10; otherwise follow special schedule.

Source text: Any motion that is filed and set for a hearing to be held fewer than 35 days from the date of the filing of the motion shall be briefed pursuant to Local Rules 7-9 and 7-10. Otherwise, motions shall be briefed according to the following schedule:

Motions set for hearing 35-70 days out: opposition due 14 days after filing, reply due 21 days after filing.

Source text: Any motion that is filed and set for a hearing between 35 and 70 days from the date of the filing of the motion: (i) any opposition must be filed no later than 14 days after the filing of the motion; and (ii) any reply must be filed no later than 21 days after the filing of the motion.

Motions set for hearing more than 70 days out: opposition due 21 days after filing, reply due 35 days after filing.

Source text: Any motion that is filed and set for a hearing more than 70 days from the date of the filing of the motion: (i) any opposition must be filed no later than 21 days after the filing of the motion; and (ii) any reply must be filed no later than 35 days after the filing of the motion.

Prefiling conference required to discuss motion substance and potential resolution; must be in person, by phone, or videoconference.

Source text: Counsel must comply with Local Rule 7-3, which requires counsel to engage in a prefiling conference "to discuss thoroughly... the substance of the contemplated motion and any potential resolution." Counsel must meet and confer in person or by telephone or videoconference; an exchange of written correspondence is insufficient.

Pre-filing meet and confer required before filing motions; must be in person, by telephone, or videoconference; written correspondence insufficient.

Source text: Counsel must comply with Local Rule 7-3, which requires counsel to engage in a prefiling conference "to discuss thoroughly... the substance of the contemplated motion and any potential resolution." Counsel must meet and confer in person or by telephone or videoconference; an exchange of written correspondence is insufficient.

Parties must meet and confer to resolve disputes before filing any motion or request for relief.

Source text: The Court reminds the parties of their obligation under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion. This Court also requires the parties to meet and confer on any other request for relief (except those identified in Local Rules 7-3 and 16-12).

Motions set for hearing >70 days out: opposition due 21 days, reply due 35 days after filing.

Source text: Any motion that is filed and set for a hearing more than 70 days from the date of the filing of the motion: (i) any opposition must be filed no later than 21 days after the filing of the motion; and (ii) any reply must be filed no later than 35 days after the filing of the motion.

Prefiling conference required before filing motions; declaration must state conference method.

Source text: Counsel must comply with Local Rule 7-3, which requires counsel to engage in a prefiling conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution,” and to file a declaration confirming compliance. In addition to the requirements stated in Local Rule 7-3, the declaration must state whether the conference took place in person, by telephone, or via video conference.

Ex parte travel applications must be made well in advance and indicate Pretrial Services approval.

Source text: Ex parte applications to allow defendant to travel should be made well in advance of the date of travel. Counsel should indicate whether the Pretrial Services officer has approved the travel.

Meet and confer with opposing counsel required before filing any motion.

Source text: Counsel must meet and confer with opposing counsel and attempt to resolve the issue before filing a motion.

Pretrial motions must be noticed for mutually agreed Monday; briefing schedule: motions (3 weeks), oppositions (2 weeks), replies (1 week).

Source text: Pretrial motions shall be noticed for a Monday that is mutually agreed to by counsel. The briefing schedule is as follows: Motions shall be filed three weeks prior to the hearing; oppositions, or notice of non-opposition, shall be filed two weeks prior to the hearing; and replies, if any, shall be filed one week prior to the hearing.

Suppression motions must be noticed for mutually agreed Monday; briefing schedule: motions (4 weeks), oppositions (2 weeks), replies (1 week).

Source text: Suppression motions shall also be noticed for a Monday that is mutually agreed to by counsel. The briefing schedule for suppression motions is as follows: Motions shall be filed four weeks prior to the hearing; oppositions shall be filed two weeks prior to the hearing; and replies, if any, shall be filed one week prior to the hearing.

Discovery motions require meet-and-confer; must detail request, basis, prior requests, and opposition response; no prior consultation = motion not heard.

Source text: Counsel shall meet and confer with opposing counsel to resolve informal discovery disputes prior to filing a motion for discovery. All discovery motions shall state with particularity what is requested, the basis for the request, whether discovery has been requested and opposing counsel’s response to such request. Motions made without prior consultation with opposing counsel may not be heard.

Motions in limine must be filed 3 weeks before final pretrial conference; oppositions 2 weeks before.

Source text: All motions in limine must be filed at least three weeks before the final pretrial conference; oppositions must be filed at least two weeks before the final pretrial conference; reply briefs will not be accepted.

Meet and confer required before filing motions in limine.

Source text: Counsel are to meet and confer with opposing counsel to determine whether opposing counsel intend to introduce the disputed evidence and to attempt to reach an agreement that would obviate the motion.

Lead trial counsel must meet and confer in person per Local Rule 16-2, exchange proposed jury instructions 14 days before, serve objections 10 days before, and attempt to agree at the meeting.

Source text: Pursuant to Local Rule 16-2, lead trial counsel for each party are required to meet and confer in person. The Court expects strict compliance with Local Rule 16-2. Fourteen days before the Local Rule 16-2 meeting, the parties shall exchange their respective proposed jury instructions and special verdict forms. Ten days prior to the Local Rule 16-2 meeting, each party shall serve objections to the other's instructions and verdict forms. Before or at the Rule 16-2 meeting, counsel are ordered to meet and confer and attempt to come to agreement on the proposed jury instructions and verdict forms.

Opposition to motion must be filed 21 days before hearing date.

Source text: To oppose a motion, you must present the Court with a statement explaining the basis of your opposition and he legal authority supporting your contentions. You must also file any evidence upon which you intend to base your opposition to a motion for summary judgment. Pursuant to Local Rule 7-9, your opposition is due not later than twenty-one (21) days before the date designated for hearing of the

Pretrial motions must be noticed for mutually agreed Friday.

Source text: All pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, and motions concerning character evidence under Federal Rule of Evidence 404(b), shall be noticed for a Friday that is mutually agreed to by counsel.

Briefing schedule: motions 5 weeks, oppositions 3 weeks, replies 2 weeks before hearing.

Source text: For all motions other than motions in limine, the briefing schedule is as follows: motions shall be filed five (5) weeks prior to the hearing; oppositions or notices of non-opposition shall be filed three (3) weeks prior to the hearing; and replies, if any, shall be filed two (2) weeks prior to the hearing.

Pre-filing conference required before filing motions.

Source text: Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.”

Pre-filing conference requirement applies even with pro se parties.

Source text: The pro per status of one or more parties does not negate this requirement.

Pre-motion conference required for motions in limine within 5 days; moving party arranges and identifies disputed matters.

Source text: Before filing any motion in limine, counsel for the parties shall confer in a good faith effort to eliminate the necessity for hearing the motion in limine or to eliminate as many of the disputes as possible. It shall be the responsibility of counsel for the moving party to arrange for this conference. The conference shall take place in person within five calendar days of service upon opposing counsel of a letter requesting such conference. Unless counsel agree otherwise, the conference shall take place at the office of the counsel for the government. If both counsel are not located in the same county in the Central District, the conference may take place by telephone. The moving party’s letter shall identify the testimony, exhibits, or other specific matters alleged to be inadmissible and/or prejudicial, shall state briefly with respect to each such matter the moving party’s position (and provide any legal authority which the moving party believes is dispositive), and specify the terms of the order to be sought.

Motions in limine heard at Final Status Conference; ex parte motions require showing of irreparable injury.

Source text: Unless otherwise ordered by the Court, motions in limine will be heard at the Final Status Conference. Unless the Court in its discretion otherwise allows, no motions in limine shall be filed or heard on an ex parte basis, absent a showing of irreparable injury or prejudice not attributable to the lack of diligence of the moving party.

Emergency relief requests must comply with FRCP 65 and Local Rules 7-19 and 65.

Source text: Parties seeking emergency or provisional relief shall comply with Fed. R. Civ. P. 65 and Local Rules 7-19 and 65.

Motions pending in state court must be re-noticed under Local Rule 7 after removal.

Source text: If a motion was pending in state court before the case was removed, it must be re-noticed in accordance with Local Rule 7.

ERISA cases: Court will not hear summary judgment motions without agreed statement of facts.

Source text: Absent an agreed upon statement of facts, the court will not hear motions for summary judgment, but will hear motions to determine the standard of review and the scope of the administrative record. See Kearney v. Standard Ins. Co., 175 F.3d 1084 (9th Cir. 1999).

Class certification motions must be filed within 120 days of service or removal notice.

Source text: Consistent with Federal Rule of Civil Procedure 23’s requirement that the Court must determine at “an early practicable time” whether to certify an action as a class action, for any action purporting to commence a class action, other than an action subject to the Private Securities Litigation Reform Act of 1995, P.L. 104-67, 15 U.S.C. § 77z-1 et seq., the Court orders that any Motion for Class Certification shall be filed within 120 days after service of a pleading (or, if applicable, within 120 days after the filing of a Notice of Removal), unless otherwise ordered by the Court.

Local Rule 7-3 requires a pre-filing conference to discuss the motion's substance and potential resolution.

Source text: Among other things, Local Rule 7-3 requires counsel to engage in a pre-filing conference "to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution." Counsel should discuss the issues sufficiently so that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other nonsubstantive matters during the conference.

Motions filed under LR 7; heard Mondays at 1:30 PM; no supplemental briefs without leave; hearing must be within 35 days of service.

Source text: Motions shall be filed in accordance with Local Rule 7. This Court hears motions on Mondays, commencing at 1:30 p.m. No supplemental brief shall be filed without prior leave of Court. No motion shall be noticed for hearing for more than thirty-five (35) days after service of the motion unless otherwise ordered by the Court.

ERISA cases require agreed statement of facts for summary judgment motions.

Source text: Absent an agreed upon statement of facts, the court will not hear motions for summary judgment, but will hear motions to determine the standard of review and the scope of the administrative record. See Kearney v. Standard Ins. Co., 175 F.3d 1084 (9th Cir. 1999). There will be a court trial (usually confined to oral argument) on the administrative record.

Motions in limine must be filed 28 days before FPTC; oppositions 14 days before.

Source text: All motions in limine shall be filed and emailed to Chambers at least twenty-eight (28) days before the FPTC. Oppositions shall be filed and emailed to Chambers at least fourteen (14) days before the FPTC.

Meet and confer required before filing motions in limine.

Source text: Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

Maximum 5 motions in limine per party without leave.

Source text: No party may file more than five (5) motions in limine without seeking leave from the Court to do so.

Meet and confer schedule for jury instructions: exchange proposals at 35 days, objections at 28 days before FPTC.

Source text: The parties shall meet and confer regarding jury instructions according to the following schedule: Thirty-five (35) days before the FPTC: The parties shall exchange proposed general and special jury instructions. Twenty-eight (28) days before the FPTC: The parties shall exchange any objections to the instructions.

Motions (except in limine) briefing schedule: motions 5 weeks, oppositions 3 weeks, replies 2 weeks before hearing.

Source text: For all motions, other than motions in limine, the briefing schedule is as follows: motions shall be filed five (5) weeks prior to the hearing; oppositions or notices of non-opposition shall be filed three (3) weeks prior to the hearing; and replies, if any, shall be filed two (2) weeks prior to the hearing.

JMIL briefing schedule: moving party 25 days before PTC, opposing party 18 days before PTC, reply 14 days before PTC.

Source text: Briefing Schedule. (1) The moving party’s portion of the JMIL is due 25 days before the PTC; (2) the opposing party’s portion of the JMIL is due 18 days before the PTC; and (3) the moving party’s reply portion is due 14 days before the PTC. All JMILs must be filed and served at least 14 days before the PTC.

Counsel must meet with opposing counsel to resolve discovery disputes before filing motion.

Source text: Counsel shall meet with opposing counsel to resolve discovery disputes before filing a motion for discovery.

Criminal motion hearings are Tuesdays at 8:00 a.m.; include time estimate for hearings over 30 minutes; meet and confer before filing.

Source text: Hearings on criminal motions are on Tuesdays at 8:00 a.m. Include a time estimate below the hearing date on the face page of the motion for any hearing expected to last more than 30 minutes. Meet and confer before filing a motion and describe the resolution efforts in the notice of motion. Notify the Court immediately of any resolution occurring after a motion is filed.

Pretrial motions: file motion 4 weeks before hearing, opposition 3 weeks before, reply 2 weeks before.

Source text: For all pretrial motions, file: (1) the motion four weeks before the hearing; (2) the opposition/non-opposition three weeks before the hearing; and (3) the reply, if any, two weeks before the hearing.

Motions in Limine (MILs) are heard at pretrial conference and require Joint MIL and meet-and-confer declaration.

Source text: MILs are heard at the pretrial conference (PTC) and require the filing of a Joint MIL (JMIL) and declaration of the meet and confer. Failure to cooperate and comply with the procedures below may result in sanctions.

Before filing Joint MIL, moving party must email evidence issues and meet within 5 days; JMIL must include bold relief statement and underlined party contentions.

Source text: Before filing a JMIL, the moving party shall send an email identifying the evidence to be excluded or admitted, the specific terms of the order sought, and the rationale and supporting authority. Counsel shall meet within 5 calendar days of the email. If unable to resolve the issue(s), counsel shall file a JMIL consisting of: (a) the moving party’s one-sentence statement in bold of the relief sought (i.e., the evidence to be excluded or admitted); and (b) each party’s contentions set forth below a separate underlined heading for each (identifying the moving party, the opposing party, and the moving party in reply).

Moving party's JMIL portion must be provided to opposing party 28 days before pretrial conference.

Source text: (a) The moving party’s portion of the JMIL must be provided to the opposing party 28 days before the PTC; (b) the opposing

Discovery motions require prior consultation with opposing counsel and must include specific information.

Source text: Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain what discovery will be provided. Any discovery motion shall state with particularity what is requested, the basis for such requested production, whether such discovery has been formally requested, and whether such discovery has been declined. Motions made without prior consultation with opposing counsel or which fail to include the above information will not be heard.

Ex parte application required for other in limine motions 7 days before due date.

Source text: Any party desiring to tender any other in limine motions shall file an ex parte application no later than seven days prior to the due date for such motions, attaching the proposed motion and making a showing why it is imperative that the issue be dealt with by a motion in limine.

Lead trial counsel must meet and confer in person 6 weeks before FPTC.

Source text: The parties must comply with Local Rule 16. Pursuant to Local Rule 16-2, lead trial counsel for each party are required to meet and confer in person six (6) weeks in advance to prepare for the FPTC.

Motions in limine must be noticed 1 week before FPTC and 1 week after trial filings.

Source text: Motions in limine (including Daubert motions3) must be noticed for hearing at least one (1) week before the FPTC and no less than one (1) week after trial filings are submitted.

Parties limited to 5 motions in limine each unless Court grants leave.

Source text: The parties are limited to five (5) motions each unless the Court grants leave to file additional motions.

Replies to motions in limine are not allowed and will be stricken.

Source text: The Court does not allow parties to file a reply in support of their motions in limine, and any reply filed to that effect shall be stricken.

Parties must meet and confer before filing motions in limine.

Source text: Before filing a motion in limine, the parties must meet and confer to determine

Opposition to summary judgment must be filed at least 5 weeks before hearing.

Source text: Opposition: Must be filed at least five (5) weeks before the hearing date.

Reply to summary judgment must be filed at least 4 weeks before hearing.

Source text: Reply: Must be filed at least four (4) weeks before the hearing date.

Multiple motions cannot be used to evade page limits.

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

Summary judgment motions must be filed at least 7 weeks before hearing.

Source text: Motions for Summary Judgment: Must be filed at least seven (7) weeks before the hearing date.

Reply to class certification must be filed at least 4 weeks before hearing.

Source text: Reply: Must be filed at least 4 weeks before the hearing date.

Meet and confer required before filing any motion.

Source text: Counsel should take note of Local Rule 7-3, which requires “counsel contemplating filing of any motion” to “first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.”

Meet and confer must occur at least 7 days before filing motion.

Source text: Local Rule 7-3 requires the conference to be in person, by telephone, or via video conference at least 7 days prior to the filing of the motion.

Only one Rule 56 motion allowed without leave of court.

Source text: 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 summary judgment or summary adjudication, without leave of the Court.

Motions in limine must be scheduled for hearing one week before Final Pretrial Conference.

Source text: Motions in limine must be scheduled for hearing one (1) week before the Final Pretrial Conference date as detailed in the Scheduling Worksheet.

Replies to motions in limine are not allowed and will be stricken.

Source text: The Court does not allow parties to file a Reply in Support of their Motions in limine, and any Reply filed to that effect shall be stricken.

Class certification motions must be filed at least 7 weeks before hearing.

Source text: Motions for Class Certification: Must be filed at least 7 weeks before the hearing date.

Opposition to class certification must be filed at least 5 weeks before hearing.

Source text: Opposition: Must be filed at least 5 weeks before the hearing date.

Meet and confer required before filing any motion.

Source text: The parties are reminded of their obligation under Local Civil Rule 7-3 and Local Criminal Rule 57-1 to meet and confer to attempt to resolve disputes before filing a motion.

Motion briefing schedule: 5 weeks (motion), 3 weeks (opposition), 2 weeks (reply).

Source text: For all motions other than motions in limine, the briefing schedule is as follows:  Motions must be filed at least five (5) weeks prior to the hearing;  Briefs in opposition or notices of non-opposition must be filed at least three (3) weeks prior to the hearing; and  Replies, if any, must be filed at least two (2) weeks prior to the hearing.

Motions in limine and oppositions have specific filing deadlines before Final Pretrial Conference.

Source text: Motions in limine must be filed at least four (4) weeks before the Final Pretrial Conference. Oppositions must be filed at least two (2) weeks before the Final Pretrial Conference.

Discovery motions require prior consultation with opposing counsel and must detail specific request information.

Source text: Counsel must meet and confer to resolve discovery disputes informally prior to filing a motion to compel discovery. All discovery motions must state with particularity what is requested, the basis for the request, whether the discovery at issue has been requested, and opposing counsel’s response to each such request. The Court may decline to hear discovery motions made without prior consultation with opposing counsel.

Bail review requests under 18 U.S.C. § 3142(f)(2)(b) must first go to Magistrate Judge and be served on opposing counsel and Pretrial Services using form CR-88.

Source text: Any request for bail review made under 18 U.S.C. § 3142(f)(2)(b) based on changed circumstances or information not previously presented to the Magistrate Judge must be addressed in the first instance to the Magistrate Judge and must be served on both opposing counsel and Pretrial Services. Counsel is reminded to use form CR-88 when making such a request.

Parties must meet and confer to agree on jury instructions before submitting to Court.

Source text: The parties must make every effort to agree upon jury instructions before submitting proposals to the Court. The Court expects the parties to agree on most instructions, particularly when pattern or model jury instructions exist, and provide a statement of applicable law. The parties must meet and confer regarding jury instructions in a timely manner.

Opposing parties have 48 hours to file opposition papers after receiving ex parte application.

Source text: The moving party shall inform the opposing party or parties that such party or parties shall have 48 hours from the date of delivery of the moving papers to file and serve their opposition papers, if any.

Pre-filing meet and confer required for all motions, including pro se cases.

Source text: The Court strictly enforces L.R. 7-3, which requires counsel to engage in a prefiling conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” This requirement applies in all cases, including those with Pro Se Litigants.

Meet and confer required for disputed matters before court presentation.

Source text: This Court requires parties through Counsel to meet and confer about any potentially disputed matter (except those identified in L.R. 7-3 and 16-12) before presenting it to the Court, including requests to continue any matter, applications to file under seal, and other filings seeking a court order.

Motions in limine must be scheduled for the Final Pretrial Conference.

Source text: Motions in limine shall be noticed for hearing on the Final Pretrial Conference Date.

Daubert motions must be noticed for hearing at least 8 weeks before Final Pretrial Conference.

Source text: Daubert motions shall be noticed for hearing not later than eight (8) weeks before the Final Pretrial Conference date.

Extended briefing schedule required for class certification motions.

Source text: This Court requires an extended briefing schedule for motions for class certification.

Discovery motions must state meet and confer compliance and detail request specifics.

Source text: All discovery motions shall state whether the meet and confer requirement has been satisfied and state with particularity what is requested, the basis for the request, whether the discovery at issue has been requested, and opposing counsel’s response to such request.

Court may decline discovery motions without prior consultation.

Source text: Both parties are required to meet and confer in good faith in an effort to reach a resolution without the need for a motion. The Court may decline to hear discovery motions made without prior consultation with opposing counsel.

Meet and confer required for pre-trial motions (except motions in limine).

Source text: Counsel must meet and confer with opposing counsel “to discuss thoroughly… the substance of the contemplated pre-trial motion and any potential resolution” thereof. Local Criminal Rule 57-1; Local Civil Rule 7-3.

Good faith meet and confer required to resolve issues without motion.

Source text: Both parties are required to meet and confer in good faith in an effort to reach a resolution without the need for a motion.

Briefing schedule: motions 3 weeks, oppositions 2 weeks, replies 1 week before hearing.

Source text: For all motions, other than motions in limine, the briefing schedule is as follows: motions shall be filed three (3) weeks prior to the hearing; oppositions or notices of non-opposition shall be filed two (2) weeks prior to the hearing; and replies, if any, shall be filed one (1) week prior to the hearing.

Failure to meet deadlines may result in court declining to consider untimely documents.

Source text: Failure to comply with these deadlines may result in the court declining to consider the untimely memorandum or other document.

L.R. 7-3 requires prefiling conference to discuss motion substance and potential resolution.

Source text: The Court strictly enforces L.R. 7-3, which requires counsel to engage in a prefiling conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.”

Motions in limine must be noticed for hearing on the Final Pretrial Conference Date.

Source text: Motions in limine shall be noticed for hearing on the Final Pretrial Conference Date.

Daubert motions must be noticed for hearing at least 8 weeks before Final Pretrial Conference.

Source text: Daubert motions shall be noticed for hearing not later than eight (8) weeks before the Final Pretrial Conference date.

In class actions, parties must begin discovery immediately to file class certification motion expeditiously.

Source text: If this action is a putative class action, the parties are to act diligently and begin discovery immediately, so that the motion for class certification can be filed expeditiously.

Extended briefing schedule required for class certification motions.

Source text: This Court requires an extended briefing schedule for motions for class certification.

PLRA exhaustion motions must be raised at litigation beginning and filed within 14 days.

Source text: The issue of exhaustion under the Prison Litigation Reform Act (“PLRA”) must be raised at the beginning of the litigation. Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014). A party seeking to obtain a judicial determination of any material fact dispute precluding summary judgment on the exhaustion issue must file before this Court a request for a hearing within fourteen

Opposing party must file opposition papers within 48 hours or by 3pm next court day, whichever is later.

Source text: The moving party must also serve the opposing party by email, fax, or personal service, and notify that party that opposing papers must be filed not later than forty-eight (48) hours following service or by 3:00 p.m. on the first court day after the service, whichever is later.

Reply briefs not permitted for ex parte applications.

Source text: Reply briefs in support of ex parte applications are not permitted.

Class certification motions must be filed expeditiously without scheduling conference unless court orders otherwise.

Source text: If this action is a putative class action, the parties are to act diligently and begin discovery immediately so that the motion for class certification can be filed expeditiously. A motion for class certification must be filed without a scheduling conference, unless the Court orders otherwise.

ERISA summary judgment motions must distinguish Kearney v. Standard Insurance and explain why not precluded.

Source text: If they choose to do so, they must distinguish Kearney v. Standard Insurance Co., 175 F.3d 1084, 1093-95 (9th Cir. 1999) in the moving papers and explain why summary judgment is not precluded.

ERISA cases: prepare administrative record and briefing immediately upon complaint service.

Source text: The parties should proceed with the preparation of the administrative record and briefing without delay upon service of the complaint.

ERISA court trial scheduled within 6 months of complaint filing unless good cause shown.

Source text: A court trial, ordinarily limited to oral argument on the administrative record, will be scheduled within six (6) months from the filing of the original complaint, unless good cause for additional time is shown in the status report.

Pre-filing conference required for motions under Local Rule 7-3, must be in person/phone/video, not written.

Source text: Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly … the substance of the contemplated motion and any potential resolution.” Counsel must meet and confer in person or by telephone or videoconference; an exchange of written correspondence is insufficient.

Lead trial counsel must meet and confer in person 40 days before FPTC.

Source text: The parties must comply with Local Rule 16-2, lead trial counsel for each party are required to meet and confer in person forty (40) days in advance to prepare for the FPTC.

Motions in limine must be filed 28 days before FPTC, oppositions 14 days before, no replies allowed.

Source text: All motions in limine must be filed at least twenty-eight (28) days before the FPTC. Oppositions must be filed at least fourteen (14) days before the FPTC. There shall be no replies.

Motions require meet-and-confer with opposing counsel to discuss substance and potential resolution before filing.

Source text: Motions shall be filed in accordance with Fed. R. Crim. P. 47 and Local Criminal Rule 49, et seq., unless superseded by this Order. Counsel must meet and confer with opposing counsel "to discuss thoroughly ... the substance of the contemplated motion and any potential resolution" thereof. Local Criminal Rule 57-1; Local Civil Rule 7-3. Counsel shall discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court.

Non-limine motions: file 5 weeks before hearing, oppositions 3 weeks before hearing.

Source text: For all motions other than motions in limine, the briefing schedule is as follows: motions shall be filed five (5) weeks prior to the hearing; oppositions or notices of non-opposition shall be filed three (3) weeks prior to the hearing.

Oppositions must be filed 14 days before final pretrial conference; no replies allowed.

Source text: Oppositions must be filed at least fourteen (14) days before the Final Pretrial Conference. There shall be no replies.

Parties must meet and confer before filing motions in limine, with specific disclosure requirements.

Source text: Before filing a motion in limine, the parties must meet and confer. The moving party must identify the evidence to be excluded or admitted, the specifics terms of the order sought, and the rationale and supporting authority. The nonmoving party shall state whether the party intends to introduce the evidence sought by the moving party to be excluded or oppose the moving party’s motion to admit the evidence and provide the rationale and supporting authority if the nonmoving party opposes the motion.

Parties must meet and confer to resolve discovery disputes before filing motions to compel; motions must state specific details.

Source text: Counsel shall meet and confer to resolve discovery disputes informally prior to filing a motion to compel discovery. All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery at issue has been requested, and opposing counsel’s response to such request. The Court may decline to hear discovery motions made without prior consultation with opposing counsel.

Pre-filing conference required before filing motions, must be in person or by phone/video, not written correspondence.

Source text: Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly … the substance of the contemplated motion and any potential resolution.” Counsel must meet and confer in person or by telephone or videoconference; an exchange of written correspondence is insufficient.

Meet and confer required before filing motions for attorney fees.

Source text: Before filing a motion for attorney fees, counsel must meet and confer thoroughly pursuant to Local Rule 7-3 to attempt in good faith to agree on the

PLRA exhaustion issues must be raised at litigation start; hearing requests due within 14 days of summary judgment denial.

Source text: The issue of exhaustion under the Prison Litigation Reform Act (“PLRA”) must be raised at the beginning of the litigation. Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014). A party seeking to obtain a judicial determination of any material fact dispute precluding summary judgment on the exhaustion issue must file before this Court a request for a hearing within fourteen (14) days of the filing of the order denying summary judgment. The failure to file a timely request may be construed as a waiver of the exhaustion issue.

ERISA benefit claims resolved on administrative record; no summary judgment motions without agreed facts; standard of review motions allowed.

Source text: Claims to recover benefits under ERISA will be resolved by a court trial (usually confined to briefing and possible oral argument) on the administrative record. Absent an agreed upon statement of facts, the Court will not hear motions for summary judgment. However, the Court will hear motions to determine the standard of review and the scope of the administrative record. See Kearney v. Standard Ins. Co., 175 F.3d 1084 (9th Cir. 1999).

Telephonic and/or in-person conferences required to resolve discovery disputes; email exchanges insufficient.

Source text: required telephonic and/or in-person conferences of counsel to resolve discovery disputes. Pro forma or perfunctory email exchanges shall not be considered adequate pre-filing conferences of counsel.

Must seek consent before substituting defendant for Doe; if denied, file motion addressing diversity jurisdiction.

Source text: Before moving to substitute a defendant for a Doe defendant, plaintiff must seek the consent of counsel for all defendants, including counsel for a represented Doe defendant. If denied consent, plaintiff must file a regularly noticed motion and address whether the addition of the newly named party destroys diversity jurisdiction. See 28 U.S.C. § 1447(c), (e).

Discovery motions require compliance with pre-motion telephonic discovery conference procedure.

Source text: No party may file a discovery motion until it has complied with Judge Audero’s mandatory procedure regarding a pre-motion telephonic discovery conference, as set forth in Judge Audero’s Requirements, Procedures ¶ 4.

Discovery motions filed without compliance or leave will be stricken.

Source text: Any discovery motion filed without compliance with Judge Audero’s discovery dispute resolution procedures, or leave of the Court, will be stricken.

Pre-filing conference required to discuss motion substance and potential resolution.

Source text: Local Rules 7-3 and 37-1 require counsel to conduct a pre-filing conference to discuss thoroughly the substance of the contemplated motion and any potential resolution.

Meet and confer must be by phone, videoconference, or in person; email insufficient.

Source text: Parties must meet and confer either by phone, videoconference, or in person. Email correspondence is insufficient; and motions not supported by a statement that counsel met by phone, videoconference, or in person will be summarily denied.

Motion notice must include compliance statement for meet-and-confer requirement.

Source text: The moving party must include in the signed notice of motion a truthful representation of full compliance with Local Rule 7-3, stating that the parties "thoroughly discussed the substance and potential resolution of the filed motion [by phone/videoconference or in person]."

Cross-motions on same issues prohibited; parties must agree on single motion or file joint submission 45 days before deadline.

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 single motion for summary judgment. If the parties cannot reach agreement on this issue, they shall file a joint submission to the Court with their respective proposals. Counsel should file this joint submission no later than forty-five (45) days before the last day to file the motion for summary judgment, as the Court will not extend that date on the ground that this joint submission was not necessitated.

Rule 56 briefing schedule: Motion 12 weeks before hearing, Opposition 4 weeks after Motion, Reply 2 weeks after Opposition.

Source text: Any Rule 56 Motion must be filed at least twelve (12) weeks before the noticed hearing date. Any Opposition must be filed (4) weeks after the Motion is filed. Any Reply must be filed two (2) weeks after the Opposition is filed. The above briefing schedule is the default. The parties may stipulate to a modified schedule that is reasonable for all parties. Any briefing schedule must provide the Court at least two weeks between the reply deadline and the hearing date.

Discovery motions require compliance with mandatory pre-motion telephonic conference procedure before filing.

Source text: No party may file a discovery motion until it has complied with Judge Audero's mandatory procedure regarding a pre-motion telephonic discovery conference, as set forth in Judge Audero's Requirements, Procedures ¶ 4. Any discovery motion filed without compliance with Judge Audero's discovery dispute resolution procedures, or leave of the Court, will be stricken.

Pre-filing conference (meet and confer) required before filing motions to discuss motion substance and potential resolution.

Source text: Local Rules 7-3 and 37-1 require counsel to conduct a pre-filing conference to discuss thoroughly the substance of the contemplated motion and any potential resolution.

Cross-motions for summary judgment require counsel to meet and confer; if no agreement, file joint submission 45 days before motion deadline.

Source text: 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 single motion for summary judgment. If the parties cannot reach agreement on this issue, they shall file a joint submission to the Court with their respective proposals. Counsel should file this joint submission no later than forty-five (45) days before the last day to file the motion for summary judgment, as the Court will not extend that date on the ground that this joint submission was not necessitated.

Rule 56 motions require 12-week advance filing, opposition due 4 weeks later, reply due 2 weeks after opposition, with at least 2 weeks before hearing.

Source text: This Court requires an extended briefing schedule for motions under Rule 56, as follows: Any Rule 56 Motion must be filed at least twelve (12) weeks before the noticed hearing date. Any Opposition must be filed (4) weeks after the Motion is filed. Any Reply must be filed two (2) weeks after the Opposition is filed. The above briefing schedule is the default. The parties may stipulate to a modified schedule that is reasonable for all parties. Any briefing schedule must provide the Court at least two weeks between the reply deadline and the hearing date.

Attorneys' fees motions require pre-filing meet and confer in person or by videoconference.

Source text: As to all attorneys' fees motions, before filing such a motion, counsel must meet and confer in person or by videoconference pursuant to Local Rule 7-3 or 37-1 (as applicable) to attempt in good faith to agree on the reasonable amount of fees to be awarded (if the Court decides to award fees), keeping in mind that a contested request for attorneys' fees "should not result in a second major litigation."

Meet and confer required 60 days before motion hearing cutoff for MSJs.

Source text: For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) days before the motion hearing cutoff set forth in the case management order.

Meet and confer required at least 60 days before MSJ hearing cutoff

Source text: Meet and Confer. For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) calendar days before the motion hearing cutoff set forth in the case management order.

Pre-motion conference (in-person or videoconference) required no later than 60 days before motion hearing cutoff for summary judgment motions.

Source text: For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) days before the motion hearing cutoff set forth in the case management order. The parties shall thoroughly discuss each issue to be raised and the law and evidence relevant to that issue.

Only one joint Rule 56 motion permitted 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.

Meet and confer conference is required no later than 60 days before motion hearing cutoff for summary judgment motions.

Source text: (a) Meet and Confer. For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) calendar days before the motion hearing cutoff set forth in the case management order. The parties, however, should make every effort to meet sooner than the sixtieth day to allow sufficient time to discuss the MSJ and for briefing.

Joint brief must be assembled sequentially: moving party submits portion within 14 days after meet and confer, opposing party integrates their portion within 14 days after receipt, then moving party files without modifications.

Source text: (b) Moving Party's Portion of the Joint Brief. No later than fourteen (14) days after the meet and confer, the moving party shall personally deliver or email to the opposing party an electronic copy of the moving party's portion of the Joint Brief, together with the moving party's portion of the Joint Appendix of Facts and Joint Appendix of Evidence, see below. (c) Opposing Party's Portion of the Joint Brief. No later than fourteen (14) days after receiving the moving party's papers, the opposing party shall personally deliver or email to the moving party an electronic copy of the integrated motion, which shall include the opposing party's portion of the Joint Brief, Joint Appendix of Facts, and Joint Appendix of Evidence. The opposing party shall not modify in any way the moving party's separate portions of the joint brief. At this point, the opposing party should sign the Joint Brief. (d) Filing of Joint Brief. After receiving the integrated version of the motion and related papers, the moving party shall finalize it for filing without making any modifications.

Reply brief must be filed within 7 days after Joint Brief and at least 21 days before hearing; no sur-replies or supplemental briefing permitted.

Source text: Reply Memorandum. No later than seven (7) days after the Joint Brief is filed and no later than twenty-one (21) days before the scheduled hearing date, the moving party may separately file a reply memorandum of points and authorities, not exceeding ten (10) pages in length. The moving party may not use this filing to supplement the Joint Appendix of Facts or the Joint Appendix of Evidence in any way. No additional briefing or filing in support of or in opposition to the MSJ is permitted.

Pre-filing conference required 7 days before filing any motion.

Source text: Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference seven days in advance of filing any motion, “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.”

Meet and confer required before filing motions or ex parte applications.

Source text: The Parties are required to meet and confer with opposing counsel prior to the filing of a motion or ex parte application under Local Rule 7-3.

Ex parte applications require strict procedures, 24-hour opposition deadline, no replies without authorization, and are decided on papers unless hearing ordered.

Source text: The Court will require strict adherence to proper ex parte procedures for any ex parte application filed with the Court. Id. at 492; see also Judge Wright’s Standing Order and Local Rule 7-19. Any opposition to an ex parte application must be filed within 24 hours. Failure to submit a timely opposition constitutes consent to the granting of the application. See Local Rule 7-12. No party may file a reply unless expressly authorized by the Court. All ex parte applications will be decided on the papers and without a hearing unless the Court orders otherwise.

Summary judgment motions can be filed before motion cutoff with 35 days’ notice required.

Source text: Parties need not wait until the motion cutoff to bring motions for summary judgment or partial summary judgment. Early completion of non-expert discovery and filing of motions for summary judgment may eliminate or reduce the need for expensive expert depositions that are normally conducted in the last stages of discovery. However, the Court requires that the party moving for summary judgment will provide no less than thirty-five (35) days’ notice for such motions.

Pre-motion conference required before filing motions in limine.

Source text: Before filing any motion in limine, counsel for the parties shall confer pursuant to Local Rule 7-3 in a good faith effort to eliminate the necessity for hearing the motion in limine or to eliminate as many of the disputes as possible.

Pre-motion conference for motions in limine must occur within 10 days of request letter and at least 21 days before Pre-Trial Conference.

Source text: The conference shall take place in person within 10 calendar days of service upon opposing counsel of a letter requesting such a conference, but in no event later than twenty-one days before the Pre-Trial Conference.

Motions in Limine filing and hearing dates specified in Schedule of Trial and Pre-trial Dates

Source text: Unless otherwise ordered by the Court, motions in limine will be heard on the date specified on the last page of this Order. The moving party shall file with the Court and serve its Motion in Limine on the responding party on or before the date for filing of motions in limine indicated in the Schedule of Trial and Pre-trial Dates. The responding party shall then file with the Court and serve an opposition to the Motion in Limine on the moving party on or before the date specified on the last page of this Order.

Class certification motions must follow Local Rule 23-3 and deadline on last page of order

Source text: All motions for class certification must be filed according to Local Rule 23-3 and on or before the date specified on the last page of this Order. The Court will rarely grant stipulations or applications to extend that deadline.

Motions in limine hearing scheduled 1 week and 4 days before trial.

Source text: Hearing on Motions in Limine at 1:30 p.m. 1 week and 4 days before trial

Pretrial conference scheduled 3 weeks and 4 days before trial at 1:30 p.m.

Source text: Pretrial Conference at 1:30 p.m. 3 weeks and 4 days before trial

Motions in limine must be filed 4 weeks and 2 days before trial.

Source text: Deadline to File Motions in Limine; 4 weeks and 2 days before trial

Last date to hear motions is 10 weeks and 4 days before trial.

Source text: Last Date for Hearing Motions* 10 weeks and 4 days before trial

Last date to conduct settlement conference is 11 weeks and 4 days before trial.

Source text: Last Date to Conduct Settlement Conference 11 weeks and 4 days before trial

Last date to hear motions to amend pleadings or add parties is 12 weeks after notice of scheduling date.

Source text: Last Date to Hear Motions to Amend Pleadings or Add Parties 12 weeks after Notice of Sch. Date

Motions to dismiss can often be avoided through meet and confer under Local Rule 7-3.

Source text: Motions to dismiss or to strike a pleading, claim, or defense can often be avoided if the parties meet and confer in good faith as required by Local Rule 7-3, especially for perceived defects that could be corrected by amendment.

Default briefing schedule is minimum; parties may stipulate to extended schedule with at least 2 weeks between reply and hearing.

Source text: The above briefing schedule is the default minimum. The parties may stipulate to an extended schedule. Any briefing schedule must provide at least two weeks between the reply deadline and the hearing date.

Court may disregard disputes that are not clearly stated or violate Local Rules or this Order.

Source text: The Court may disregard purported disputes that are not clearly stated or that otherwise violate the Local Rules or this Order.

Ex parte applications disfavored; must attempt to obtain opposing counsel's position first.

Source text: Ex parte applications are disfavored. The Court is unlikely to grant an ex parte application that recites that the moving party has been unable to obtain the position of the opposing party. Counsel should make serious efforts to obtain the agreement (or at least the position) of opposing counsel before filing an application. Where applicable, counsel should also obtain the position of the probation/pretrial services officer assigned to the defendant.

Ex parte travel applications must be filed well in advance with probation officer input.

Source text: Ex parte applications to allow defendant to travel should be made well in advance of the date of travel. Counsel should indicate whether the probation/pretrial services officer has...

Motions to dismiss/strike should be avoided through good faith conference under Local Rule 7-3 when defects can be cured by amendment.

Source text: Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment.

Exception to single motion rule requires leave by noticed motion with detailed showing of good cause.

Source text: 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 shall seek leave by noticed motion setting forth a detailed showing of good cause.

Ex parte applications only for extraordinary relief; sanctions for misuse.

Source text: Counsel are advised that this Court allows ex parte applications solely for extraordinary relief. Sanctions may be imposed for misuse of ex parte applications.

Ex parte applications allowed only for extraordinary relief; misuse may result in sanctions.

Source text: Counsel are advised that this Court allows ex parte applications solely for extraordinary relief. Sanctions may be imposed for misuse of ex parte applications.

Court may decline to hear discovery motions filed without prior consultation with opposing counsel.

Source text: The Court may decline to hear discovery motions made without prior consultation with opposing counsel.

Must adhere to briefing schedule; late filings may be declined.

Source text: The parties must adhere to the briefing schedule set forth herein to afford the Court adequate time to prepare for the hearing; however, the parties may stipulate to an alternate briefing schedule contingent upon approval by the Court. Failure to comply with these deadlines may result in the Court declining to consider the untimely memorandum or other document. Local Civil Rule 7-12.

Parties should confer in good faith to avoid motions to dismiss when defects can be cured by amendment.

Source text: Many motions to dismiss or to strike can be avoided if the parties confer in good faith (as required by Local Rule 7-3), especially where perceived defects in a complaint, answer, or counterclaim could be corrected by amendment. See Chang v. Chen, 80 F. 3d 1293, 1296 (9th Cir. 1996) (where a motion to dismiss is granted, a district court should provide leave to amend unless it is clear that the complaint could not be saved by any amendment). These principles require that plaintiff's counsel carefully evaluate defendant's contentions as to the deficiencies in the complaint. In most instances, the moving party should agree to any amendment that would cure the defect.

Ex parte applications disfavored; counsel must attempt to obtain opposing counsel's position before filing.

Source text: Ex parte applications are disfavored. The Court is unlikely to grant an ex parte application reciting that the moving party has been unable to obtain the position of the opposing party. Counsel should make serious efforts to obtain the agreement (or at least the position) of opposing counsel before filing an application.

Failure to file class certification motion timely may result in sanctions including striking class allegations.

Source text: Failure to timely file a Motion for Class Certification may result in the imposition of sanctions, which may include the striking of the class allegations.

ERISA cases: summary judgment motions require agreed statement of facts; court hears motions on standard of review and administrative record scope.

Source text: Absent an agreed upon statement of facts, the court will not hear motions for summary judgment, but will hear motions to determine the standard of review and the scope of the administrative record.

Court may order immediate meet-and-confer for excessive or frivolous jury instruction disputes.

Source text: If there are excessive or frivolous disagreements over jury instructions, the Court will order the parties to meet and confer immediately until they substantially narrow their disagreements.

Motions to dismiss/strike can often be avoided through good-faith meet-and-confer under Local Rule 7-3.

Source text: a. Motions Pursuant to Rule 12. Most motions to dismiss or strike, especially motions raising alleged defects in a complaint, answer, or counterclaim that could be corrected by amendment, can be avoided if the parties confer in good faith as required by Local Rule 7-3.

Failure to meet and confer in good faith may result in motion being struck or denied.

Source text: The Court may strike or deny a motion or other relief if counsel fails to meet and confer in good faith.

Parties should confer in good faith to avoid motions to dismiss and consider amendments before filing.

Source text: Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment. See Polich v. Burlington Northern, Inc., 942 F.2d 1467, 1472 (9th Cir. 1991) (noting that where a motion to dismiss is granted, a district court should grant leave to amend unless it is clear the complaint cannot be saved by amendment). Moreover, a party has the right to amend the complaint “once as a matter of course at any time before a responsive pleading is served.” Fed. R. Civ. P. 15(a). Even after a complaint has been amended or a responsive pleading has been served, the Federal Rules of Civil Procedure provide that leave to amend should be “freely given when justice so requires.” Fed. R. Civ. P.

In ERISA cases, only motions on standard of review, discovery, and administrative record scope are permitted; summary judgment motions are discouraged.

Source text: 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 on any other issue.

Parties must follow briefing schedule unless Court approves alternate schedule.

Source text: The parties must adhere to the briefing schedule set forth herein to afford the Court adequate time to prepare for the hearing; however, the parties may stipulate to an alternate briefing schedule contingent upon approval by the Court.

Unopposed ex parte applications may be denied; denial doesn't excuse deadlines.

Source text: The parties should not assume that an unopposed ex parte application will be granted; and a last-minute application (or stipulation) that is denied will not serve to relieve a party of an underlying obligation (e.g., a soon-to-expire deadline).

ERISA cases: only motions for standard of review, discovery, or administrative record scope permitted.

Source text: 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 on any other issue.

Motions in limine must address specific issues, not broad categories.

Source text: Motions in limine should address specific issues (e.g., not “to exclude all hearsay”).

Court may strike excessive, unvetted, or untimely motions in limine without notice.

Source text: The Court may strike without further notice excessive, unvetted, or untimely motions in limine.

Good faith meet-and-confer under Local Rule 7-3 can avoid many motions to dismiss or strike.

Source text: Most motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially motions for alleged defects in a complaint, answer, or counterclaim that could be corrected by amendment.

Summary judgment motions may be filed before motion cut-off date and must be heard before Final Pretrial Conference.

Source text: Parties need not wait until the motion cut-off date to bring motions for summary judgment or partial summary judgment. The hearing on any such motion shall be set for a date in advance of the Final Pretrial Conference.

When multiple parties move for summary judgment, they must designate one moving party; defendant defaults if no agreement.

Source text: 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.

Cross-motions on the same legal issues are highly disfavored.

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

Parties may stipulate to extended briefing schedules but must maintain at least 21 days between reply deadline and hearing date.

Source text: Stipulations to Extend Briefing Schedule. The parties may stipulate to a lengthier briefing schedule that is reasonable for all parties. If the parties are filing cross-motions for summary judgment on different claims, the briefing schedule will need to be adjusted to accommodate the cross-motions. Any stipulation to a lengthier briefing schedule must provide the Court at least twenty-one (21) days between the reply deadline and the hearing date and comply with the motion hearing cut-off deadline.

Default briefing schedule is minimum; parties may stipulate to extended schedule with at least 2 weeks between reply and hearing.

Source text: The above briefing schedule is the default minimum. The parties may stipulate to an extended schedule. Any briefing schedule must provide at least two weeks between the reply deadline and the hearing date.

Court may sua sponte enter summary judgment under Rule 56(f) and expects parties to seek intervention if needed.

Source text: The Court expects the parties to seek Court intervention if necessary. The Court may sua sponte enter summary judgment as provided in Fed. R. Civ. P. 56(f).

Court will deem facts admitted according to Local Rule 56-4.

Source text: The Court will deem facts admitted in accordance with Local Rule 56-4.

Opposing party may dispute all or part of factual statements but should not dispute immaterial portions.

Source text: The opposing party may dispute all or only a portion of a factual statement. No party should purport to dispute immaterial portions of factual statements.

Refer to Standing Order for motion requirements

Source text: The parties should refer to the Court’s Standing Order for requirements regarding specific motions, discovery, certain types of filings, courtesy copies, emailing signature items to Chambers, and other matters pertaining to all cases.

Ex parte applications are decided on papers without hearing.

Source text: The court considers ex parte applications on the papers. Accordingly, counsel need not set ex parte applications for a hearing date.

Summary judgment motions can be filed before motion cutoff date; hearing must be before Final Pretrial Conference.

Source text: Parties need not wait until the motion cutoff date to bring motions for summary judgment or partial summary judgment. The hearing on any such motion shall be set for a date in advance of the Final Pretrial Conference.

Court meets with counsel to settle instructions before closing argument.

Source text: During the trial, and before closing argument, the Court will meet with counsel to settle the instructions, and counsel will have an opportunity to make a further record concerning their objections.

Motions to dismiss can often be avoided through good faith conference; leave to amend should be granted unless complaint cannot be saved.

Source text: Many motions to dismiss or to strike can be avoided if the parties confer in good faith (as required by Local Rule 7-3), especially for pleading deficiencies that could be corrected by amendment. See Chang v. Chen, 80 F.3d 1293, 1296 (9th Cir. 1996) (where a motion to dismiss is granted, a district court should provide leave to amend unless it is clear that the complaint could not be saved by any amendment). Moreover, a party has the right to amend the complaint “once as a matter of course” within 21 days after service of the answer or Rule 12(b) motion. Fed. R. Civ. P. 15(a)(1)(A)-(B).

Ex parte applications are decided on papers without hearing.

Source text: Ex parte applications are considered on the papers and are not usually set for hearing.

Ex parte applications are decided on papers without hearing.

Source text: Ex parte applications are considered on the papers and are not usually set for hearing.

If Pretrial Conference is waived, counsel must follow Local Rule 16-11.

Source text: In rare cases where the Pretrial Conference is waived by the Court, counsel must follow Local Rule 16-11.

Motions in limine hearing scheduled 1 week and 1 day before trial.

Source text: Hearing on Motions in Limine at 1:30 p.m. 1 week and 1 day before trial

Pretrial conference scheduled 3 weeks and 1 day before trial.

Source text: Pretrial Conference at 1:30 p.m. 3 weeks and 1 day before trial

Motions for class certification follow Local Rule 23-3.

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.

Motions with hearing <35 days follow Local Rules 6-1 and 7 for briefing.

Source text: Any motion that is filed and set for a hearing to be held fewer than 35 days from the date of the filing of the motion shall be briefed pursuant to Local Rule 6-1 and Local Rule 7.

Parties may stipulate to briefing schedule for hearings >70 days out if reply filed 5 weeks before hearing; stipulation due within 7 days with specific caption.

Source text: The Court will permit the parties to stipulate, without a court order, to a briefing schedule for any motion that is set for a hearing to be held more than 70 days from the date it was filed so long as the reply is filed no later than five (5) weeks prior to the hearing date. A stipulation regarding the agreed-upon briefing schedule shall be filed with the Court within seven (7) calendar days from the date the motion is filed. The stipulation shall include in the caption “STIPULATED PER STANDING ORDER.”

Scheduling conference will be held pursuant to Fed. R. Civ. P. 16 and 26(a).

Source text: The Court is prepared to issue a scheduling order in this matter. If a hearing is necessary, the scheduling conference will be held on the date listed in the caption. The conference will be held pursuant to Fed. R. Civ. P. 16 and Fed. R. Civ. P. 26(a).

Good faith conferences under Local Rule 7-3 can avoid motions to dismiss/strike.

Source text: Many motions to dismiss or to strike can be avoided if the parties confer in good faith (as required by Local Rule 7-3), especially for pleading deficiencies that could be corrected by amendment.

Court meets with counsel to settle instructions before closing argument.

Source text: During the trial, and before closing argument, the Court will meet with counsel to settle the instructions, and counsel will have an opportunity to make a further record concerning their objections.

Good faith conferences under Local Rule 7-3 can avoid many motions to dismiss or strike.

Source text: Many motions to dismiss or to strike can be avoided if the parties confer in good faith (as required by Local Rule 7-3), especially where perceived defects in a complaint, answer, or...

Motions in limine will be ruled on at final pretrial conference.

Source text: The Court will rule on motions in limine at the final pretrial conference.

Pre-filing conference should resolve issues to focus briefing on substantive matters.

Source text: Counsel should discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court.

Minor procedural matters should be resolved during pre-filing conference.

Source text: Counsel should resolve minor procedural or other non-substantive matters during the conference.

ERISA cases: Court trial will be confined to oral argument on administrative record.

Source text: There will be a court trial (usually confined to oral argument) on the administrative record.

Court will meet with parties to settle instructions before closing argument, allowing oral objections.

Source text: During the trial and before closing argument, the Court will meet with the parties to settle the instructions. At that time, the parties will have an opportunity to make an oral record concerning their objections.

All in limine motions heard on scheduled pretrial date.

Source text: All motions in limine will be heard on the scheduled pretrial date, unless the Court otherwise orders.

Motions in limine will be heard on the scheduled pretrial date unless otherwise ordered.

Source text: All motions in limine will be heard on the scheduled pretrial date, unless the Court otherwise orders.

Court may rule orally on motions in limine instead of in writing.

Source text: The Court may rule orally on motions in limine, instead of in writing.

Court prefers Daubert motions heard 4 weeks before other motions in limine.

Source text: The Court prefers that Daubert motions are heard at least 4 weeks in advance of all other motions in limine.

Hearings on ex parte applications only if deemed necessary by the Court.

Source text: No hearing will be held on any ex parte application unless deemed necessary by the Court and in such case counsel will be notified by the Courtroom Deputy Clerk.

Bankruptcy appeals are considered on the papers without hearing.

Source text: The Court considers bankruptcy appeals on the papers and usually does not set these matters for hearing.

Court will not rule on TRO/injunction for at least 48 hours after service.

Source text: The Court generally will not rule on any application for such relief for at least forty-eight (48) hours (or two (2) court days) after the party subject to the requested order has been served unless service is excused or unless the interests of justice so require.

ERISA cases may receive scheduling conference order as matter of course.

Source text: The parties may receive a scheduling conference order as a matter of course.

ERISA matters may be decided on papers without oral argument if court determines no benefit.

Source text: If the Court concludes that the decision would not benefit from oral argument, the matter may be submitted for decision on the papers.

Bankruptcy appeals deemed under submission upon filing of appellant's reply brief.

Source text: The matter is deemed under submission on the filing of the appellant's reply brief.

Bankruptcy appeals usually decided on papers without hearing.

Source text: The Court considers bankruptcy appeals on the papers and usually does not set these matters for hearing.

Exemptions from LR 7-3 pre-filing conference: pro se cases, LR 16-12 exempt cases, discovery motions, TRO/injunction motions, cost retax motions.

Source text: The following are exempted from Local Rule 7-3 and the pre-filing requirements to meet and confer set forth in this subsection III.B: (1) cases where at least one party is appearing pro se; (2) cases listed as exempt in Local Rule 16-12, (3) discovery motions governed by Local Rules 37-1 through 37-4, (4) applications under Fed. R. Civ. P. 65 for temporary restraining orders or preliminary injunctions, and (5) motions to retax costs under Local Rule 54-2.5.

Exemptions from pre-filing meet and confer: pro se cases, Local Rule 16-12 exempt cases, discovery motions, TRO/injunction applications, cost retax motions.

Source text: The following are exempted from Local Rule 7-3 and the pre-filing requirements to meet and confer set forth in this subsection III.B: (1) cases where at least one party is appearing pro se; (2) cases listed as exempt in Local Rule 16-12, (3) discovery motions governed by Local Rules 37-1 through 37-4, (4) applications under Fed. R. Civ. P. 65 for temporary restraining orders or preliminary injunctions, and (5) motions to retax costs under Local Rule 54-2.5.

Parties may modify pre-filing deadlines by agreement without court leave if all parties agree and MSJ is timely filed.

Source text: 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.

Pre-motion conference may be by video/phone if counsel are in different counties in Central District.

Source text: The conference may take place by video conference call of telephone only if both counsel are not located in the same county in the Central District.

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

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.