Northern District of California Filing Bundling Requirements

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

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

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

Source text: 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).

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

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

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

Source text: 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.

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

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

Source text: 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.

Single combined motion to seal required for opposed sealing requests.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

Source text: 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

Source text: 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

Source text: 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

Source text: Joint filing of all designations of deposition testimony 7 Days Before Trial

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

Source text: Upload exhibits to Box.com storage 5 Days Before Trial

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

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

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

Source text: 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

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

Source text: 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.

Source text: Simultaneous briefing is not permitted for any type of motion.

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

Source text: 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.

Source text: 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.

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

Source text: 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.

Source text: Simultaneous briefing is not permitted for any type of motion.

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

Source text: 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).

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

Source text: 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.

Source text: 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.

Source text: 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.

Magistrate judge settlement conferences require completion of ADR processes first.

Source text: 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.

Source text: 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.

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

Source text: 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.

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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.

Source text: 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.