Eastern District of California Pre-Motion Conference Requirements

Pre-filing meet and confer required for motions in cases with represented parties.

Source text: Prior to filing a motion in a case in which the parties are represented by counsel, counsel shall engage in a pre-filing meet and confer to discuss thoroughly the substance of the contemplated motion and any potential resolution.

Counsel must conduct a pre-filing meet and confer on motion substance before filing any motion in cases where all parties are represented.

Source text: Prior to filing a motion in a case in which the parties are represented by counsel, counsel shall engage in a pre-filing meet and confer to discuss thoroughly the substance of the contemplated motion and any potential resolution. Counsel should resolve minor procedural or other non-substantive matters during the meet and confer process so that briefing on motions that proceed to hearing is directed only to those substantive issues requiring resolution by the court.

Motions in limine are prohibited from being filed prior to the pretrial conference.

Source text: The parties shall not file motions in limine prior to the pretrial conference.

Pre-filing meet and confer required for motions in cases with represented parties.

Source text: Prior to filing a motion in a case in which the parties are represented by counsel, counsel shall engage in a pre-filing meet and confer to discuss thoroughly the substance of the contemplated motion and any potential resolution.

Pre-filing meet and confer required for motions where parties are represented by counsel.

Source text: Prior to filing a motion in a case in which the parties are represented by counsel, counsel shall engage in a pre-filing meet and confer to discuss thoroughly the substance of the contemplated motion and any potential resolution. Counsel should resolve minor procedural or other non-substantive matters during the meet and confer process so that briefing on motions that proceed to hearing is directed only to those substantive issues requiring resolution by the Court.

Parties must meet and confer 28 days before the dispositive motions deadline to determine if they will file cross summary judgment motions.

Source text: At least twenty-eight (28) days before the dispositive motions filing deadline, the parties must meet and confer to determine whether they intend to file cross motions for summary judgment.

For cross summary judgment motions, plaintiff must file opening brief 14 days before dispositive deadline, notice of motion must indicate cross motions and set hearing 42 days after filing.

Source text: If the parties do intend to file cross motions, the plaintiff must file the opening brief for summary judgment at least fourteen (14) days before the dispositive motions deadline. The plaintiff’s concurrently-filed notice of motion shall indicate the parties’ intention to file cross motions and shall notice a hearing date at least forty-two (42) days from the date of filing.

Only four briefs may be filed for cross summary judgment motions regardless of the number of complaints; non-compliance results in denial without prejudice.

Source text: These are the only four briefs that may be filed, even if the parties move for summary judgment on more than one complaint (e.g., motions on a complaint and a counterclaim). The parties must obtain permission from the Court to exceed the stated page limitations. If the parties do not comply with this procedure and schedule for filing cross motions for summary judgment, but nonetheless file cross motions, the Court will deny both motions without prejudice.

Motions in limine are prohibited from being filed before the pretrial conference.

Source text: The parties shall not file motions in limine prior to the pretrial conference.

Motions in limine cannot be filed before the pretrial conference.

Source text: The parties shall not file motions in limine prior to the pretrial conference. Following the pretrial conference, the court will issue a pretrial order that will set dates for the filing of motions in limine, the submission of exhibits, and other trial-related deadlines.

Pre-filing meet and confer required before motions; certification of efforts required in notice of motion.

Source text: Prior to filing a motion in a case in which the parties are represented by counsel, counsel shall engage in a pre-filing meet and confer to discuss thoroughly the substance of the contemplated motion and any potential resolution. Counsel should resolve minor procedural or other non-substantive matters during the meet and confer process so that briefing on motions that proceed to hearing is directed only to those substantive issues requiring resolution by the Court. A notice of motion shall contain a certification by counsel that meet and confer efforts have been exhausted, with a brief summary of meet and confer efforts.

Discovery motions must be noticed before assigned magistrate judge.

Source text: Pursuant to Local Rule 302(c), all discovery motions shall be noticed before the assigned magistrate judge, unless otherwise ordered by the Court.

Parties must meet and confer in good faith before filing a discovery motion or seeking an informal discovery conference.

Source text: Before filing a discovery motion or seeking an informal telephonic discovery conference, the parties shall meet and confer in a good faith effort to resolve the dispute without court action.

Discovery dispute meet and confer requires spoken communication (in person, phone, or video) in addition to written correspondence.

Source text: the court requires, in addition to any written correspondence the parties may engage in (letters and/or email), that the parties speak with each other about the discovery dispute. This requirement may be accomplished in person, over the telephone or through videoconferencing.

Discovery motions require prior approval before filing.

Source text: Judge Barch-Kuchta will not consider any discovery motions without prior approval in accordance with the following procedures:

Informal Discovery Dispute Letter Brief limited to 3 pages, filed 24 hours before conference, no attachments.

Source text: The letter brief is limited to three (3) pages in length and shall be filed no later than twenty-four hours before the scheduled conference. Attachments are prohibited.

Discovery motions require prior approval before filing.

Source text: Judge Peterson will not consider any discovery motions without prior approval obtained in accordance with the following procedures:

Motions in limine must be filed 3 weeks before hearing, opposition due 2 weeks after, hearing 2-3 weeks before trial.

Source text: The motion in limine hearing will generally be set two to three (3) weeks before the trial. The motion itself will usually be filed three (3) weeks before the motion hearing with opposition due two (2) weeks thereafter. Generally, the briefing schedule will not provide for reply briefing.

Counsel must confer with courtroom deputy before filing specified motions (Rule 56, Rule 12, TRO, injunctions) to obtain hearing date; motion calendared only upon proper filing.

Source text: Motions for Summary Judgment, Summary Adjudication, Judgment on the Pleadings or Partial Summary Judgment, TRO, Preliminary or Permanent Injunction: Counsel shall confer with the courtroom deputy prior to filing these types of motions (once counsel is actually ready to file the motion) in order to obtain an available hearing date. Obtaining a hearing date with the courtroom deputy does not reserve your motion date, as you are simply being provided with the next available motion date for this type of motion. Your motion will only be calendared once it has been properly filed. Additionally, counsel shall refer to Local Rule 260 and F.R.Civ.P. 56.

Timing for filing motions in limine is discussed at pretrial conference; court issues order with instructions after conference.

Source text: Motions in Limine: The timing for filing of said motions are discussed with counsel during the Pretrial Conference, after which time Judge Shubb will issue an order notifying counsel how the court will proceed with said motions.

Discovery matters must be noticed before the assigned Magistrate Judge per Local Rule 302.

Source text: All discovery matters and other duties to be performed by the Magistrate Judge pursuant to Local Rule 302 shall be noticed before the assigned Magistrate Judge, unless otherwise ordered by the Court.

Counsel must contact the courtroom deputy to obtain a motion hearing date before filing any criminal motion.

Source text: Please contact the courtroom deputy for a motion hearing date prior to filing your motion.

Ex parte applications are typically submitted to the Court without a hearing unless otherwise notified.

Source text: Ex parte applications typically are not heard but are submitted by the Court unless otherwise notified.

Informal discovery conferences are optional alternative to formal motions under Local Rule 251.

Source text: This informal process is not a prerequisite to the filing of a motion under Local Rule 251. Rather, it is an alternative to a formal motion. Counsel should request this alternative discovery dispute resolution process only for disputes that in counsel’s view may be amenable to resolution on the basis of a letter brief and telephonic conference, without the need for a further record.

Motions to tax costs are taken under submission upon filing with no hearing date set unless otherwise ordered.

Source text: Motions to tax costs are taken under submission by the court upon initial filing; no hearing date is set, unless otherwise ordered by the court.