Northern District of California Filing Bundling Requirements

Motions in limine and oppositions must be collated back-to-back and filed as one document at least 7 calendar days before the pretrial conference.

the moving party should collate the motion and the opposition together, back to back, and then file each paired set as one document at least seven calendar days before the conference.

Summary judgment motions and oppositions must be provided in 3-ring binders with tabs; reply documents optional; habeas corpus and ERISA/Social Security cases exempt.

summary judgment motions and oppositions (including the brief, separate statement, declarations, exhibits, and other supporting documents) are required to be provided by the filing party in a 3-ring binder or binders with tabs separating documents. Submitting chambers copies of the reply documents in a binder is optional. This requirement does not apply to habeas corpus petitions or summary judgment motions in ERISA or Social Security cases.

Required

Always

Parties must deliver one set of pre-marked exhibits in three-ring binders to Clerk's office at least 7 calendar days before trial.

Unless otherwise ordered, at least seven calendar days prior to the commencement of the trial, the parties must deliver one set of all pre-marked exhibits in clearly labeled three-ring binders to the Clerk's office, marked for the attention of the courtroom deputy.

Only one motion for summary judgment, partial summary judgment, or summary adjudication per party unless otherwise ordered.

Unless otherwise ordered by the Court, only 1 motion for summary judgment, partial summary judgment, or summary adjudication may be filed by each party.

Required

Always

Motions must be filed within 14 days of reserving a hearing date or the reservation expires.

Once a hearing date is reserved, the motion(s) shall be filed within fourteen (14) days thereafter. Failure to timely file any motion will result in the expiration of the hearing reservation without further notice to the parties, and the moving party must obtain a new reservation before filing the motion(s).

Required

Always

At least 12 weeks required between dispositive/Daubert motions deadline and final pretrial conference.

The parties must allow at least twelve weeks between the proposed dispositive and Daubert motions hearing deadline and the proposed final pretrial conference.

Required

Always

At least 2 weeks required between final pretrial conference and trial start.

The parties must also allow at least two weeks between the proposed final pretrial conference and the first day of the proposed trial.

Daubert motions must be filed and heard by dispositive motion deadline.

Daubert motions must be filed and heard by the dispositive motion hearing deadline.

Required

Always

Joint combined motion to seal required for unopposed sealing requests after briefing.

For cases where voluminous or multiple administrative motions to seal would be filed if normal procedures were followed, parties (and any non-parties with potentially sealable information) must, upon the completion of briefing, jointly file a new, combined administrative motion to seal for all requests where sealing is unopposed.

Required

Always

Single combined motion to seal required for opposed sealing requests.

If any requests to seal are opposed, each party or non-party making an opposed request should file a single combined administrative motion to seal covering all of their opposed requests.

Required

Always

Parties must deliver one set of pre-marked exhibits in three-ring binders to Clerk's office at least 7 days before trial.

Unless otherwise ordered, at least seven calendar days prior to the commencement of the trial, the parties must deliver one set of all pre-marked exhibits in clearly labeled three-ring binders to the Clerk’s office, marked for the attention of the courtroom deputy.

All motions in limine must be filed as a single document.

They must be contained in a single document of no more than 40 pages, with no single motion exceeding 10 pages.

All oppositions to motions in limine must be filed as a single document.

They must also be contained in single document of no more than 40 pages, with the opposition to no single motion exceeding 10 pages.

Required

Always

Matters cannot be specially set outside regular civil law and motions calendar without Court's leave.

The parties may not specially set any matter at a time other than the regularly scheduled civil law and motions calendar without leave of the Court.

Electronic binder via Box.com required for pretrial filings; contact courtroom deputy 21 days before pretrial conference for link.

Instead of requiring paper binders of courtesy copies from the parties, Judge Lin uses an electronic binder to organize pretrial filings. Counsel shall contact Judge Lin’s Courtroom Deputy 21 days prior to the final pretrial conference to request a secure Box.com link to upload documents for the electronic binder. Counsel’s email should identify the case number and the trial date. All pretrial filings shall be uploaded to that link. The uploaded documents should contain the ECF version of each attachment, with its ECF header. The name of each PDF file

Box.com link for pretrial filings must be obtained 28 days before pretrial conference

Obtain Box.com link from courtroom deputy for uploading pretrial filings 28 Days Before Pretrial Conference

Joint pretrial conference statement and motions in limine due 14 days before pretrial conference

File joint pretrial conference statement, motions in limine and oppositions to motions in limine 14 Days Before Pretrial Conference

Joint involved individuals list, verdict forms, statement of case, and exhibit list due 7 days before pretrial conference

File joint involved individuals list, proposed verdict forms, statement of the case, exhibit list 7 Days Before Pretrial Conference

Joint designations of deposition testimony must be filed 7 days before trial

Joint filing of all designations of deposition testimony 7 Days Before Trial

Exhibits must be uploaded to Box.com 5 days before trial

Upload exhibits to Box.com storage 5 Days Before Trial

Required

Always

Parties must jointly prepare a single set of all trial exhibits.

The parties must jointly prepare a single set of all trial exhibits that will be the official record and, if applicable, used on appeal.

When filing an amended pleading, party must concurrently file a redlined or highlighted version comparing to the prior operative pleading.

If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Proposed judgments must be filed separately from proposed orders granting final approval.

The parties should file a proposed judgment separately from their proposed order granting final approval.

ECF motions require separate PDFs for motion, declarations, and exhibits (except attachments to exhibits).

When filing motions on ECF, each motion, supporting declaration, and attachment to a declaration (such as an exhibit) should be filed as a separate PDF. That is, a declaration must be filed separately from the motion, and each exhibit to a declaration must be filed separately from the declaration and from the other exhibits. However, when an exhibit to a declaration contains an attachment, that attachment need not be filed separately.

Simultaneous briefing prohibited for all motions.

Simultaneous briefing is not permitted for any type of motion.

Cross-motions for summary judgment require four sequential briefs, not simultaneous.

In the event of cross-motions for summary judgment, the parties must file a total of four briefs sequentially, rather than three pairs of simultaneous briefs.

Cross-motions for summary judgment require four sequential briefs, not simultaneous pairs.

In the event of cross-motions for summary judgment, the parties must file a total of four briefs sequentially, rather than three pairs of simultaneous briefs.

Simultaneous briefing is prohibited for all motions.

Simultaneous briefing is not permitted for any type of motion.

Daubert motions must be filed in the same brief as class certification motion.

Any Daubert motion seeking to preclude a party’s reliance on an expert opinion at the class certification stage must be filed in the same brief as the motion for class certification or the opposition to that motion.

Daubert oppositions/replies must be filed in same briefs as class certification merits.

Oppositions and replies relating to the Daubert motion must also be filed in the same briefs as argument on the merits of the class certification motion.

Cross-motions for summary judgment must consist of 4 sequential briefs.

Because the Court requires the parties to file 4 sequential briefs

Daubert motions seeking to preclude expert reliance at the class certification stage, and all related oppositions and replies, must be included in the same brief as the class certification motion or opposition, and in the same brief as the class certification merits argument, respectively.

Any Daubert motion seeking to preclude a party’s reliance on an expert opinion at the class certification stage must be filed in the same brief as the motion for class certification or the opposition to that motion. Oppositions and replies relating to the Daubert motion must also be filed in the same briefs as argument on the merits of the class certification motion.

A proposed verdict form must be filed with the motion for class certification.

In addition, to assist the Court in assessing any manageability concerns, plaintiffs’ counsel must file a proposed verdict form in connection with the motion for class certification.

Motions in limine and oppositions must be collated back-to-back and filed as paired sets at least 14 calendar days before the final pretrial conference.

Once the moving party has received the opposition, that party should collate each motion with its opposition, back-to-back, and then file the paired sets at least 14 calendar days before the final pretrial conference.

Exhibits accompanying motions, oppositions, or replies must be filed separately on ECF with sequential docket numbers.

When exhibits are included with a motion, opposition brief, or reply brief, the exhibits should be filed separately on ECF. For example, if a motion is Docket No. 30, and a declaration with 10 exhibits is Docket No. 31, Exhibit A should be filed as Docket No. 31-1, Exhibit B should be filed as Docket No. 31-2, and so on.

Exhibits included with motions, oppositions, or replies must be filed separately on ECF with sequential docket numbers.

When exhibits are included with a motion, opposition brief, or reply brief, the exhibits should be filed separately on ECF. For example, if a motion is Docket No. 30, and a declaration with 10 exhibits is Docket No. 31, Exhibit A should be filed as Docket No. 31-1, Exhibit B should be filed as Docket No. 31-2, and so on.

Separate joint letter required for each discovery device in dispute.

The parties shall file a separate joint letter for each discovery device in dispute (i.e., if the parties have disputes regarding specific interrogatories and requests for production, they must file two letters).

Each side's motions in limine must be filed in a single document.

For all other motions in limine, each side may file not more than 5 motions in limine set forth in a single document that does not exceed 15 pages double-spaced in 12-point font.

Each party's responses to motions in limine must be in a single document.

Each party's responses to motions in limine must be contained in a single document that does not exceed 15 pages double-spaced in 12-point font.

Case-dispositive motions must be bundled and heard together on cut-off date.

Absent permission from the Court, all case-dispositive motions in a case will be briefed and heard together, on the case-dispositive motion hearing cut-off date, or on an earlier available date agreed to by the parties.

Cross-motions for summary judgment require meet and confer, four briefs maximum, fourth brief due 14 days before hearing.

Unless otherwise ordered, the parties must meet and confer in advance of the deadline for dispositive motions to determine if they will file cross-motions for summary judgment. If so, only four briefs will be allowed: (1) an opening brief by the plaintiff side; (2) an opening/opposition brief by the defense side; (3) an opposition/reply brief by the plaintiff side; and (4) reply brief by the defense side. The parties may agree to reverse the order, and have the defense file its opening brief first, without order of the Court. Before the first brief is filed, the parties may submit a stipulation and proposed order setting a briefing schedule for the cross-motions. The fourth brief must be filed at least 14 days before the hearing date.

Three-ring binder with all motion papers and jointly prepared charts required after briefing.

Once a hearing date for the motion has been set and the briefing is closed, the moving party shall compile a three ring binder to be lodged with the Court containing (1) the statement of undisputed facts, (2) the motion and any supporting memorandum of law, (3) the opposition memorandum, (4) any reply memorandum, and (5) any exhibits in support or opposition to the motion, which shall be clearly labeled. At the beginning of each binder the moving party shall include jointly prepared charts signed by all parties’ counsel formatted as shown in Attachment B to this order.

Counsel must assemble a final deposition packet including objections and responses and provide it to the Court.

The parties must meet and confer as reasonable. Counsel for the proffering party must then assemble a final packet, including objections and responses to objections, and provide it to the Court at least two calendar days before the proffer will be used.

Exhibits must not be filed; instead, two sets must be submitted to chambers.

Exhibits are not to be filed but rather shall be submitted to chambers (two sets).

Motions in limine must be bundled with oppositions back-to-back and filed as paired sets under separate cover.

When the oppositions are received, the moving party should collate the motion and opposition together, back to back, and then file the paired sets (each set under separate cover) at least twenty-one (21) days prior to the conference.

Moving party must collate each motion in limine with its opposition and file the paired sets with other pretrial materials on the pretrial filings due date.

The moving party should then collate each motion and opposition together and file the paired sets along with that party’s other pretrial materials on the pretrial filings due date.

Parties must jointly prepare a single official set of all trial exhibits.

The parties must jointly prepare a single set of all trial exhibits (a copy set of which must be provided as noted above) that will be the official record set to be used with the witnesses, in the jury room, and on appeal.

Required

Always

Magistrate judge settlement conferences require completion of ADR processes first.

The Court receives more requests than it can accommodate for magistrate judge settlement conferences. As a result, with limited exceptions, the Court generally does not refer cases for settlement with a magistrate judge unless the parties have already completed one of the other processes set forth in ADR Local Rule 3-4: Early Neutral Evaluation, Mediation, or Private ADR. Parties who complete one of these processes without reaching a settlement may request referral to a magistrate judge at that time.

Case management conference may be vacated if dispositive motion to dismiss is filed.

If a defendant files a motion to dismiss that is dispositive of the entire case, the parties may stipulate to vacate the initial case management conference, which will be reset by the Court after the motion to dismiss hearing.

Paper courtesy copies are not required; parties must upload pretrial filings to an electronic binder via Box.com.

Instead of requiring paper binders of courtesy copies from the parties, Judge Lin uses an electronic binder to organize pretrial filings.

Jury exhibit notebooks are prohibited without prior Court permission.

Exhibit notebooks for the jury will not be permitted without prior permission from the Court.

Exhibits accompanying motions, oppositions, or replies should be filed separately on ECF.

When exhibits are included with a motion, opposition brief, or reply brief, the exhibits should be filed separately on ECF.

Joint discovery statements should be limited to one issue or closely related issues, and separate statements should be filed for discrete disputes.

A joint statement should address only one issue or a few issues that are inextricably related. Multiple joint statements should be filed if there are discrete issues in dispute.

Motions in limine and oppositions must be submitted to the Court collated and in a binder.

and shall be submitted to the Court collated and in a binder

Initial case management conference can be moved 21 days after dispositive motion hearing.

If a defendant files a motion to dismiss that is dispositive of the entire case, the parties can stipulate to move the initial case management conference 21 days after the hearing on that motion. Otherwise, the initial case management conference generally will not be moved.

Required

Always

Further case management conference scheduled 4-8 weeks before close of fact discovery.

Further Case Management Conference - Four to eight (4-8) weeks before the close of fact discovery

Required

Always

Later-filing party must cite to earlier exhibit; joint appendix encouraged.

Where each party relies on the same exhibit, the later-filing party should cite to the earlier-filed exhibit and should not file a duplicate exhibit. If possible, the parties should meet and confer prior to filing a motion and submit a joint appendix of evidence.

Required

Always

Exceptions to settlement conference rule may be discussed in initial case management statement or early case management conference request.

If the parties believe their case merits an exception to this rule, they should discuss their views in the initial case management statement. If they seek a referral before the initial case management conference, they may file a joint request for an early case management conference.

Patent counterclaims consolidated into one claim construction hearing with four-brief sequence.

When a patent case also includes patent counterclaims, the Court will generally conduct one claim construction hearing covering all patents. In that situation, the claim construction briefing schedule will follow a four-brief sequence, following the page limits outlined above concerning cross-motions for summary judgment, with the plaintiff filing the first brief.

Electronic binder via Box.com replaces paper courtesy copies for pretrial filings.

Instead of requiring paper binders of courtesy copies from the parties, Judge Lin uses an electronic binder to organize pretrial filings. Counsel shall contact Judge Lin’s Courtroom Deputy 28 days prior to the final pretrial conference to request a secure Box.com link to upload documents for the electronic binder.

Later-filing parties should cite to earlier exhibits and avoid duplicates; joint appendix encouraged.

Where each party relies on the same exhibit, the later-filing party should cite to the earlier-filed exhibit and should not file a duplicate exhibit. If possible, the parties should meet and confer prior to filing a motion and submit a joint appendix of evidence.

Later-filing parties should cite existing exhibits instead of duplicating; parties should meet and confer to submit joint evidence appendix.

Where each party relies on the same exhibit, the later-filing party should cite to the earlier-filed exhibit and should not file a duplicate exhibit. If possible, the parties should meet and confer prior to filing a motion and submit a joint appendix of evidence.

Trial dates are typically set 12-16 months after complaint filing.

The trial date will almost always be 12–16 months after the date the original complaint was filed.

Pretrial conference is 1-2 weeks before trial; dispositive motions due 2-3 months before pretrial.

The pretrial conference will be 1 or 2 weeks before the trial. The last day for a hearing on dispositive motions will be roughly 2 to 3 months before the pretrial conference.

Parties are asked to promptly file consent or declination forms for magistrate judge jurisdiction.

the parties will be asked to submit a form indicating their consent or declination to magistrate judge jurisdiction. The Court asks that the parties file this form promptly.

Parties may waive transcription/filing of depositions.

The parties and deponents are authorized and encouraged to waive transcription and filing of depositions that prove to be of little or no usefulness in the litigation or to agree to defer transcription and filing until the need for using the deposition arises.