Northern District of California Pre-Motion Conference Requirements

Motions (except discovery) must follow Civil Local Rules, except pro se prisoner cases.

Source text: Except in pro se prisoner cases, parties should notice motions (other than discovery motions) pursuant to the Civil Local Rules.

Meet and confer required at least 7 days before filing any motion.

Source text: At least seven (7) days before filing any motion, the moving party must meet and confer with the opposing party or parties in person or by videoconference. During the parties’ conference, the moving party shall disclose the bases for its anticipated motion. The purpose of this conference is to resolve or narrow disputed issues where possible to reduce motion practice.

Motion notice must certify meet-and-confer requirement was satisfied.

Source text: In the notice of motion, counsel for the moving party must certify that this meet-and-confer requirement has been satisfied, citing specifically to this section of the Civil Standing Order. If the notice of motion does not include such a certification, the Court may strike the motion and order the moving party to re-file the motion with a certification once the meet-and-confer requirement has been met.

Magistrate judge settlement conferences require prior ADR process completion.

Source text: 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 (i.e., Early Neutral Evaluation, Mediation, or Private ADR).

Motion briefing deadlines: 21 days for motions, 14 days for opposition, 7 days for reply.

Source text: All motions shall comply with Criminal Local Rule 47-2. Unless otherwise ordered, the parties may stipulate to any mutually agreeable briefing schedule so long as all briefing is complete at least seven (7) days in advance of the hearing date. In the absence of a stipulation, motions (except those pertaining to sentencing) shall be filed at least 21 days in advance of the hearing date. Opposition briefs shall be filed at least fourteen (14) days in advance of the hearing date. Reply briefs shall be filed at least (7) seven days in advance of the hearing date.

Testimony at claim construction requires motion 7 days in advance.

Source text: If the either party wishes to present testimony at the claim construction hearing, counsel must seek leave of Court by filing an administrative motion pursuant to Civil Local Rule 7-11 at least seven days in advance of the hearing.

Meet and confer in person or videoconference required before discovery disputes.

Source text: Upon the development of an impasse with respect to discovery in a pending case assigned to Judge Corley, the parties must first meet and confer; that is, counsel for each party shall meet and confer in person or via videoconference to attempt to resolve their dispute informally. A mere exchange of letters, emails, telephone calls or facsimile transmissions does not satisfy the meet and confer requirement.

Non-discovery motions may be noticed for Thursdays at 10:00 AM with 35-day notice period

Source text: The civil law and motion calendar is called on Thursdays at 10:00 a.m. in Courtroom 11. Counsel need not request a motion hearing date and may notice non-discovery motions for any Thursday (excepting holidays) at 10:00 a.m. consistent with the 35-day notice period in Civil Local Rule 7-2(a) or other appropriate timeline.

15 minutes of oral argument time per side for motions

Source text: Counsel typically will have up to 15 minutes of oral argument time per side.

Reply papers cannot raise new points; sur-replies not permitted

Source text: Reply papers should not raise new points that could have been addressed in the opening motion or brief. Sur-replies are not permitted. See Civil L.R. 7-3(d).

Parties must meet and confer to narrow terms to ten before preparing joint statement if more than ten terms are at issue.

Source text: If more than ten terms are at issue, the parties must meet and confer before the preparation of the joint claim construction statement to narrow the number of terms that are to be construed by the Court and shall jointly propose the ten terms requiring construction.

Settlement conferences with magistrate judges require completion of Early Neutral Evaluation, Mediation, or Private ADR first.

Source text: The Court receives many more requests for magistrate judge settlement conferences than it can accommodate. 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.

Motions must be noticed for hearing per Local Rule 47-1; counsel must check judge's calendar before selecting date.

Source text: Motions must be noticed for a hearing in accordance with Criminal Local Rule 47-1. Counsel need not reserve a hearing date in advance. Before selecting a hearing date, however, counsel must consult Judge Tigar’s weekly calendar, which is available at https://www.cand.uscourts.gov/jst, to determine which dates are available. The Court may reset noticed hearing dates as its calendar requires.

Motions in limine must be filed 10 days before final pretrial conference

Source text: In any civil trial, unless otherwise ordered, any party wishing to have motions in limine heard prior to the commencement of trial must file and serve any such motions at least ten calendar days before the final pretrial conference.

Opposition to motions in limine must be filed 3 days before final pretrial conference

Source text: Any oppositions thereto must be filed and served at least three calendar days before the final pretrial conference.

No replies permitted to motions in limine

Source text: No party may file a reply.

Must seek stipulation before filing motions in limine

Source text: Any party filing a motion in limine must first seek a stipulation from the opposing party or parties to the relief requested in the motion.

Civil motions require hearing except for pro hac vice, time extension, and administrative relief motions.

Source text: All civil motions must be noticed for a hearing in accordance with Civil Local Rule 7-2(a) except: (1) motions for leave to appear pro hac vice; (2) motions to enlarge or shorten time pursuant to Civil Local Rule 6-1; and (3) motions for administrative relief pursuant to Civil Local Rule 7-11. The Court does not hold hearings for these administrative motions.

Civil motions require reservation for Wednesday 9:00 a.m. hearings in San Jose.

Source text: Judge Wise hears civil motions by reservation only on Wednesdays at 9:00 a.m., in Courtroom 3, 5th Floor, United States District Court, 280 South First Street, San Jose, California. Motions filed without a previously arranged hearing date will be stricken, and parties may not refile until they obtain a reservation.

Parties must consult website, meet and confer, then jointly contact Courtroom Deputy to reserve hearing.

Source text: Parties must consult Judge Wise’s weekly calendar and scheduling notes, available at https://www.cand.uscourts.gov/judges/wise-noel-nw/, for the most recent information regarding when and where hearings will be held. After reviewing the website, counsel or unrepresented parties shall meet and confer to identify mutually agreeable dates. Parties shall jointly contact Judge Wise’s Courtroom Deputy, Allie Warren, at (408) 535-5332 or nwcrd@cand.uscourts.gov to reserve a hearing date.

Maximum 2 motions per party per hearing without leave of court.

Source text: When reserving a hearing date, parties must inform Ms. Warren of the number and type(s) of motions to be filed. No party will be given reservations for more than two motions without leave of Court, nor will the Court hear more than two motions per party at a particular hearing without leave of Court or a Court order.

Motions must be filed within 3 business days of reservation confirmation.

Source text: Once a party reserves a hearing date, the party shall file their motion(s) no later than three business days (Saturdays, Sundays, and court holidays are excluded) following the date of the reservation confirmation email.

Failure to file motion within deadline cancels hearing reservation.

Source text: If a party fails to timely file any motion, the hearing reservation will be cancelled.

Administrative request to appear via Zoom required at least one week before hearing.

Source text: Parties wishing to appear via Zoom shall file and serve an administrative request to appear via Zoom and a proposed order at least one week prior to the scheduled hearing date. If all parties wish to appear via Zoom, the parties should file a joint administrative request or indicate that the request is unopposed.

Joint case management statement required at least 18 calendar days before case management conference.

Source text: Parties are required to file a joint case management statement not less than eighteen (18) calendar days before a scheduled case management conference, unless the Court sets a different deadline.

Motions to dismiss and remand are submitted on papers without hearing by default.

Source text: By default, motions to dismiss and remand will be submitted on the papers, and no hearing will be held. If a hearing is set by the parties, it will automatically be vacated.

Moving party counsel must confer with opposing counsel on a hearing date before noticing any motion.

Source text: Counsel for the moving party shall confer with opposing counsel about a mutually convenient hearing date before noticing any motion.

Relief-seeking party prepares joint discovery letter portion first, shares with opposing side, then files the letter.

Source text: The side seeking relief from the Court should prepare its portion of the letter first and then provide that to the opposing side so that the opposing side may prepare its response. The party seeking relief from the Court should file the letter.

Discovery disputes may be resolved on papers or via hearing; joint letter process does not apply to third-party disputes.

Source text: The Court may resolve the dispute on the papers or schedule a hearing. The joint discovery letter process does not apply to discovery disputes with third parties.

Rule 52 cross-motions require filing four briefs sequentially, not three pairs of simultaneous briefs.

Source text: In the event of cross-motions for judgment under Rule 52 of the Federal Rules of Civil Procedure, the parties shall file a total of four briefs sequentially, rather than three pairs of simultaneous briefs, as set forth in the “Summary Judgment” section above.

Only one summary judgment motion per party allowed in patent cases; related entities count as one party.

Source text: Only one summary judgment motion may be filed per party in each patent case, absent leave of court. Parties that are related entities are considered one party for purposes of this rule.

Discovery disputes require joint letter (max 5 pages) after good faith effort.

Source text: Discovery disputes should be brought to the Court’s attention as early as possible. If the parties cannot resolve their discovery dispute after a good faith effort, they shall prepare and file a joint letter of no longer than five pages stating the nature and status of their dispute.

Testimony at claim construction requires administrative motion 7 days in advance.

Source text: If either party wishes to present testimony at the claim construction hearing, counsel must seek leave of Court by filing an administrative motion pursuant to Civil Local Rule 7-11 at least seven days in advance of the hearing.

Motions must follow Criminal Local Rules 471 and 47-2, with 5:00 PM filing deadlines

Source text: Motions must be noticed for a hearing in accordance with Criminal Local Rule 471. Counsel need not reserve a hearing date in advance. However, before selecting a hearing date, counsel must consult Judge Thompson's scheduling notes to determine which dates are available. Motions may be reset as the Court's calendar requires. All motions shall comply with Criminal Local Rule 47-2. Please refer to this Court's Criminal Pretrial and Trial Standing Order for information regarding motions in limine. All filing deadlines are at 5:00 p.m. unless otherwise ordered.

Daubert motions must be filed in the same brief as summary judgment motion or opposition.

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

Hearings are required for default judgment motions except in highly unusual circumstances.

Source text: Judge Chhabria’s rule is to have hearings on motions for default judgment except in highly unusual circumstances.

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 and replies must be 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.

Motions must follow Criminal Local Rule 47-2 for filing and notice.

Source text: Motions should be filed and noticed in accordance with Criminal Local Rule 47-2 unless otherwise ordered.

Motions in limine due 14 days before pretrial conference; oppositions due 7 days before; no replies.

Source text: Any motions in limine must be filed no later than 14 days before the pretrial conference. Oppositions must be filed at least 7 days before the pretrial conference. No reply papers will be considered.

Discovery dispute motions require prior leave of Court unless specifically exempted.

Source text: Except as specifically set forth below, no motions regarding discovery disputes may be filed without prior leave of Court.

Pre-filing conference required before summary judgment motions.

Source text: The moving party must file a letter, with a copy to Chambers and the opposing parties, to request a pre-filing conference, and propose a date and time for such conference.

Pre-filing letter must be submitted 7 business days before proposed conference date.

Source text: The moving party’s letter shall be submitted at least seven (7) business days prior to the proposed conference date and must explain the grounds for the motion.

Opposition parties must respond to pre-filing letter within 3 business days.

Source text: Within three (3) business days after receipt of the letter, any party who will oppose the motion must file a written response addressing the substance of the moving party’s letter, with a copy to Chambers.

Pre-filing conferences must be attended in person; remote appearances not permitted.

Source text: All pre-filing conferences are held in person and appearances via telephone and videoconference will not be allowed.

Only one summary judgment motion allowed per side without court leave.

Source text: Only one summary judgment motion may be filed collectively per side, absent leave of court.

Request for more than 10 claim terms must show good cause and be filed 2 weeks before joint statement deadline

Source text: If a party genuinely believes that it will require that more than ten terms be construed, that party may request leave to designate additional terms for construction, pursuant to Civil Local Rule 7-11(b). The requesting party must demonstrate good cause and explain why other methods of limiting the claims at issue (such as the selection of representative claims or any grouping of claims by issues presented) would be ineffective. The request must be filed no later than two weeks before the deadline for filing the joint claim construction statement.

Discovery disputes must use meet-and-confer process, not formal motions under Civil L.R. 7-2.

Source text: Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes.

Meet-and-confer for discovery disputes must be in person or by phone, not just written correspondence.

Source text: The meet and confer must be in person or by telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.

Discovery disputes require in-person or telephone meet and confer, not formal motions.

Source text: Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.

Sanctions motions under Rule 37 must follow Civil L.R. 37-4, not expedited discovery dispute procedure.

Source text: Any party seeking an award of attorney fees or other form of sanction under Fed. R. Civ. P. 37 may not use the expedited joint discovery dispute letter procedure described above but instead must file a motion conforming to the requirements of Civil L.R. 37-4.

Discovery disputes require live meet and confer (in person/videoconference/phone) before filing motions, unless leave of court is granted.

Source text: Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by videoconference or telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.

Before bringing a discovery dispute to the Court, parties must first meet and confer in person or by videoconference; letters, emails, or phone calls alone are insufficient.

Source text: Upon the development of an impasse, the parties must first meet and confer. Counsel for each party must meet and confer in person or by videoconference. A mere exchange of letters, e-mails, or telephone calls does not satisfy the meet and confer requirement.

Discovery disputes require meet and confer by video conference followed by a joint letter not exceeding 5 pages within 5 business days.

Source text: In lieu of filing formal discovery motions, the parties involved in the discovery dispute (through lead trial counsel for any party that is represented by counsel) shall meet and confer by video conference regarding the subject matter of the dispute(s) in an effort to resolve these matters. After attempting other means to confer on the issue (i.e. letter, phone call, e-mail) any party may demand such a meeting on five business days' notice. Within five business days of the meet-and-confer session, the parties shall provide a detailed Joint Letter to the Court, not to exceed five pages without leave of Court. This Joint Letter shall include a description of every issue in dispute and, with respect to each such issue, a detailed summary of each party's final substantive position and their final proposed compromise on each issue.

Meet and confer in person or by video (or phone if impossible) required 10 business days before filing discovery motion.

Source text: Prior to filing any discovery-related motion, lead trial counsel for all parties shall meet and confer in person or by video conference, if an in-person conference is not feasible, regarding the discovery dispute(s) to resolve these matter(s). (Meet and confers may only occur by telephone if it is impossible to meet in person or by video.) After attempting other means to confer on the issue(s) (i.e., letter, phone call, e-mail), any party may demand such a meeting on ten (10) business days' notice.

Joint letter required within 5 business days after meet and confer for discovery disputes.

Source text: After meeting and conferring as set forth in ¶ 13 above, the parties shall draft and file a jointly signed letter within five (5) business days of the lead trial counsels' meet and confer session that contains the following:

Must comply with meet and confer requirements before filing sanctions motion.

Source text: 19. No motion for sanctions may be filed until after the moving party has complied with the requirements of paragraphs 13-17 above. Motions for sanctions shall be filed separately, pursuant to Federal Rule 37 and Civil Local Rules 7 and 37-3.

Meet and confer required before filing any motion or non-stipulated request.

Source text: The parties shall meet and confer (in person, by video conference, or by phone) before filing any motion or non-stipulated request.

Meet and confer required before filing any motion or non-stipulated request, with certification of compliance.

Source text: The parties shall meet and confer (in person, by video conference, or by phone) before filing any motion or non-stipulated request. All motions or non-stipulated requests shall include a certification, which may be submitted separately or included in the body of the filing, that the parties have complied with this meet and confer requirement. The Court may strike filings that do not comply.

21 days before final pretrial conference, lead counsel must meet and confer on joint statement, differences, and settlement.

Source text: At least twenty-one days before the final pretrial conference, lead counsel who will try the case shall meet and confer with respect to: (a) Preparation and content of the joint pretrial conference statement; (b) Resolution of any differences between the parties regarding the preparation and content of the joint pretrial conference statement and the preparation and exchange of pretrial materials to be served and lodged pursuant to this Order for Pretrial Preparation. To the extent such differences are not resolved, the parties will present the issues in the pretrial conference statement so that the judge may rule on the matter during the pretrial conference; and (c) Settlement of the action.

Meet and confer required 14 days before settlement conference

Source text: No later than 14 days prior to the settlement conference, and prior to the preparation of their exchanged settlement conference statements and confidential settlement letters, counsel for the parties shall meet and confer (in person, by video conference, or by phone) to discuss matters pertinent to improving the prospects that the settlement negotiations will be productive.

Parties must meet and confer 45 days before end of fact discovery to determine cross-motions.

Source text: Unless otherwise ordered, the Parties shall meet and confer no later than forty-five (45) calendar days before the end of fact discovery to determine if they will file cross-motions for summary judgment.

Discovery dispute motions require prior leave of court.

Source text: Except as specifically set forth herein, no motions regarding discovery disputes may be filed without prior leave of the Court.

Discovery disputes require meet and confer in person or by phone before filing any discovery-related letter.

Source text: Meet and confer requirement for discovery disputes. As an initial matter, the parties must comply with Section 9 of the Northern District’s Guidelines for Professional Conduct regarding discovery (available at http://cand.uscourts.gov/professional_conduct_guidelines). Prior to filing any discovery-related letter, lead trial counsel for all parties shall meet and confer in person, or telephonically if an in-person conference is not feasible, regarding the discovery dispute(s) in an effort to resolve these matter(s).

Motions to strike affirmative defenses require leave of Court via motion for administrative relief under Civil Local Rule 7-11

Source text: Motions to strike affirmative defenses may not be filed without leave of Court. Leave of Court may be sought by a motion for administrative relief pursuant to Civil Local Rule 7-11.

Motions to strike affirmative defenses require leave of Court obtained via administrative motion.

Source text: Motions to strike affirmative defenses may not be filed without leave of Court. Leave of Court may be sought by a motion for administrative relief pursuant to Civil Local Rule 7-11.

Joint statement required 7 days before case management conference

Source text: Counsel shall meet and confer prior to the case management conference and file a joint statement no later than seven days prior to the conference.

Parties must meet and confer before filing discovery motions.

Source text: If the parties are unable to resolve their dispute informally after a good faith effort, including meet and confer efforts conducted by lead counsel, the parties have two options:

Sanctions motions require compliance with meet-and-confer requirements first.

Source text: No motion for sanctions may be filed until after the moving party has complied with the requirements above. Motions for sanctions shall be filed separately, pursuant to Federal Rule 37 and Civil Local Rules 7 and 37-4.

Discovery motions must be initiated by filing notice of discovery disputes, not by filing motions directly.

Source text: Motions to compel discovery are referred to a Magistrate Judge for assignment. Therefore, counsel are required to file a notice of discovery disputes to initiate a referral in lieu of filing discovery motions before this Court.

Motions in limine must be served 20 days before conference, oppositions served 10 days before, then filed 7 days before conference as paired documents.

Source text: d. Any motion in limine, with the opposition, filed as follows: At least twenty calendar days before the conference, serve, but do not file, the moving papers. At least ten calendar days before the conference, serve the oppositions. When the oppositions are received, 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. Each motion should be presented in a separate memo and numbered, as in, for example, “Plaintiff’s Motion in Limine No. 1 to Exclude...”. Please be sure to three-hole punch the chambers copies so they can go into a trial notebook. For bench trials, motions in limine are rarely needed or useful.

Lead counsel must meet and confer 21 days before final pretrial conference on joint statement, differences, and settlement.

Source text: At least twenty-one (21) days before the final pretrial conference, lead counsel who will try the case shall meet and confer with respect to: (a) Preparation and content of the joint pretrial conference statement; (b) Resolution of any differences between the parties regarding the preparation and content of the joint pretrial conference statement and the preparation and exchange of pretrial materials to be served and lodged pursuant to this Order for Pretrial Preparation. To the extent such differences are not resolved, the parties will present the issues in the pretrial conference statement so that the judge may rule on the matter during the pretrial conference; and (c) Settlement of the action.

21-day meet and confer on joint pretrial statement and settlement.

Source text: At least twenty-one (21) days before the final pretrial conference, lead counsel who will try the case shall meet and confer with respect to: (a) Preparation and content of the joint pretrial conference statement; (b) Resolution of any differences between the parties regarding the preparation and content of the joint pretrial conference statement and the preparation and exchange of pretrial materials to be served and lodged pursuant to this Order for Pretrial Preparation. To the extent such differences are not resolved, the parties will present the issues in the pretrial conference statement so that the judge may rule on the matter during the pretrial conference; and (c) Settlement of the action.

Motions in limine must be filed 21 days before Final Pretrial Conference; no replies allowed.

Source text: No later than 21 days before the Final Pretrial Conference, unless otherwise ordered, the parties shall file and serve any motions in limine. Oppositions to motions in limine shall be filed and served no later than 14 days before the Final Pretrial Conference. Replies shall not be filed.

Joint statement of undisputed facts required for summary judgment motions on infringement/invalidity.

Source text: Before filing a summary judgment motion on issues of infringement or invalidity, a party must meet and confer with opposing counsel to prepare one joint statement of undisputed facts. The statement should be filed concurrently with the motion. Separate statements are not permitted.

Motions in limine require specific timing for service and filing.

Source text: At least thirty-two (32) days before the pretrial conference, serve – but do not file – the moving papers. At least twenty-five (25) days before the conference, serve – but do not file – the oppositions. 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.

Face-to-face videoconference required before court relief for discovery disputes

Source text: If meeting and conferring by email, letter, or phone call proves unsuccessful in resolving a discovery dispute, the parties must confer face-to-face by videoconference before seeking relief from the court.

Joint Letter (max 5 pages) required within 10 business days after videoconference

Source text: If the dispute is not resolved, then, within ten business days of the videoconference, the parties must file a Joint Letter with the court. The Joint Letter may not exceed five pages.

Motion briefing deadlines: 21 days for motions, 14 days for oppositions, 7 days for replies

Source text: Except for hearing and briefing dates set by the court, the parties may stipulate to any briefing schedule they wish as long as all briefing is complete at least 7 days in advance of the hearing. In the absence of a stipulation, motions (except those pertaining to sentencing) shall be filed at least 21 days in advance of the hearing date. Opposition briefs shall be filed at least 14 days in advance of the hearing date. Reply briefs shall be filed at least 7 days in advance of the hearing date.

Sentencing motions: 7 days for filing, 5 days for responses

Source text: Motions pertaining to sentencing and sentencing memoranda shall be filed at least 7 days before the date on which Judgment and Sentencing is scheduled. Responses or objections shall be filed at least 5 days before the date on which Judgment and Sentencing is scheduled.

Counsel must confer before filing any motion under Criminal Local Rule 17.1-1(b).

Source text: Before filing any motion, counsel for defendant and for the government SHALL confer concerning any matter covered by Crim. L.R. 17.1-1(b), relevant to the case, in particular, subparagraphs (1) - (3).

Motions in limine must be filed 14 days before pretrial conference; oppositions due 7 days before.

Source text: Any party wishing to have motions in limine heard prior to the commencement of trial must file and serve same no later than fourteen days prior to the date set for the Pretrial Conference. Any party opposing such a motion in limine shall file and serve its opposition papers no later than seven days prior to the Pretrial Conference (with personal service directly on chambers). No reply papers will be considered, and the motions will be heard at the Pretrial Conference or at such other time as the Court may direct.

Pre-motion conference required before filing any motion, per Crim. L.R. 47-2 and 17.1-1(b).

Source text: All motions shall comply with Crim. L.R. 47-2. Before filing any motion, counsel for defendant and for the government shall confer concerning any matter covered by Crim. L.R. 17.1-1(b) relevant to the case, in particular, subparagraphs (1) - (3).

Meet-and-confer requirement excused only for emergencies with notification.

Source text: The meet-and-confer requirement will be excused only under emergency circumstances where the moving party cannot reasonably comply. In such cases, the moving party must still certify that it has notified all other relevant parties in advance of filing its motion, and must detail the efforts made to meet and confer.

Do not request orders where not needed, such as stipulations of dismissal under FRCP 41(a)(1)

Source text: The parties should not ask the Court for an order where one is not needed, e.g., stipulations of dismissal under FRCP 41(a)(1). Those requests will be disregarded.

Reply briefs to motions in limine are not permitted without prior court order.

Source text: The Court will not consider reply briefs absent prior order on a showing sets another time.

Magistrate judge settlement conferences require completion of Early Neutral Evaluation, Mediation, or Private ADR first.

Source text: The Court receives many more requests for magistrate judge settlement conferences than it can accommodate. 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.

Court may reset hearing dates or vacate hearing for matters suitable for decision without oral argument.

Source text: The Court may reset noticed hearing dates as its calendar requires. The Court may determine a matter is suitable for disposition without oral argument and vacate the hearing on the matter.

Only one chance to seek class certification; overreaching may prevent renewal.

Source text: Plaintiffs’ counsel are warned that they may only have one chance to seek class certification. If a plaintiff grossly overreaches on a motion for class certification, thereby forcing a defendant to waste significant time and money respond to a motion that had virtually no chance of being granted in the first place, the Court will be far less likely to allow a renewed motion.

Daubert motions must be noticed for hearing by dispositive motion hearing date.

Source text: Motions pursuant to Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), challenging the reliability of expert testimony may be noticed for hearing no later than the dispositive motion hearing date.

Court will address only one motion for summary judgment per side absent good cause.

Source text: Absent of a showing of good cause, the Court will address only one motion for summary judgment per side.

Only one motion for summary judgment per party/side allowed unless leave granted; exceptions for statute of limitations and exhaustion defenses.

Source text: Unless specific leave has been requested and granted, the Court will address only one motion for summary judgment/adjudication per party or side. Examples of issues the Court may deem appropriate for determination by separate motion, particularly if raised early in the case, include such affirmative defenses as the statute of limitations and failure to exhaust administrative remedies.

Settlement conference referral allowed after unsuccessful ADR completion.

Source text: Parties who complete one of these processes without reaching a settlement may request referral to a magistrate judge at that time.

Meaningful meet and confer should eliminate need to propose different constructions in briefs.

Source text: The Court anticipates that a meaningful meet and confer between the parties preceding the preparation of the joint claim construction statement will eliminate the need for a party to propose in its briefs a claim construction that differs from that proposed in the statement.

Exceptions to settlement conference rule may be discussed in initial case management statement or through joint 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.

Motions in limine heard at pretrial conference unless oral argument unnecessary

Source text: The motions will be heard at the pretrial conference or at such other time as the Court may direct, unless the Court determines that oral argument is unnecessary.

Exceptions to settlement conference rule may be discussed in initial case management statement or via joint 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.

Case management conferences held Tuesdays at 9:00 a.m., may be combined with other hearings.

Source text: Case management conferences are held on Tuesdays at 9:00 a.m. If a matter is set for a hearing, the Court may elect to hold a case management conference in conjunction with that hearing.

Pre-trial hearings held Wednesdays at 2:00 p.m.

Source text: The Court conducts pre-trial hearings on Wednesdays at 2:00 p.m.

Trials commence Mondays at 9:00 a.m., continue through Thursday, with half-day or full-day schedules.

Source text: Bench and jury trials commence on Mondays at 9:00 a.m. and continue through Thursday of each week. Depending on the projected length of the trial, the Court will utilize a 4.5 hour, half day schedule (9:00-1:30 with two 15-minute breaks), or a 6.5 hour, full-day schedule (9:00-4:30 with a thirty-minute lunch break, and two 15-minute breaks, one in the morning and one in the afternoon).

Filing deadlines are 5:00 p.m. unless otherwise ordered.

Source text: All filing deadlines are at 5:00 p.m. unless otherwise ordered.

Case management conferences via Zoom; other hearings in person unless otherwise noted or leave granted.

Source text: The Court holds case management conferences via Zoom webinar unless otherwise noted. All other hearings before the Court shall be held in person unless otherwise noted or if leave is granted.

Remote participants must follow website directions and ensure good connection without background noise.

Source text: If a request is granted, the parties must follow the directions provided on the Court’s website for remote participation (https://www.cand.uscourts.gov/wise-noel-nw/). To ensure the quality of the record, any party appearing remotely must have a good connection and must avoid participating from a public space or any other environment with background noise that could disrupt the proceedings.

Prehearing conferences not generally held; request case management conference at least two weeks before hearing if witness testimony needed.

Source text: Prehearing claim construction conferences are generally not held, but parties may address prehearing issues at the tutorial or request a case management conference to be held at least two weeks prior to the hearing. If the parties anticipate witness testimony will be necessary, counsel shall alert the Court via a joint status report and request such a case management conference.

Dispositive motion to dismiss allows moving CMC to 15 days after 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 to 15 days after the hearing on that motion. If the motion to dismiss is not dispositive, the initial case management conference will not be moved.

Pre-filing conferences typically scheduled Wednesdays or Fridays at 2:00 PM.

Source text: Pre-filing conferences are normally set for Wednesday or Friday afternoons at 2:00 p.m. unless circumstances and the Court’s calendar require otherwise, and should be requested sufficiently in advance of the deadlines established in the Court’s initial case management order.

Unresolved discovery disputes may be filed as joint letter after meet and confer.

Source text: If unable to resolve all disputes through this procedure, the party seeking Court intervention may file an appropriate joint letter.

If no plaintiff summary judgment motion, defendants may file 5 weeks before cut-off following Local Rule 7-3 schedule.

Source text: If Plaintiffs do not file a motion for summary judgment, Defendants may file one five (5) weeks before the case-dispositive motion hearing cut-off date and the schedule in Local Rule 7-3 shall apply.

Court may order additional briefing, telephonic conference, or in-person meet-and-confer at courthouse with lead trial counsel.

Source text: The Court will advise the parties if additional briefing or a telephonic conference will be necessary. The Court may order the parties to further meet and confer at the federal courthouse with lead trial counsel in attendance.

Court strongly prefers four-brief schedule for cross-motions for summary judgment.

Source text: In the event parties intend to cross-move for summary judgment, the Court strongly prefers a four-brief schedule.

No prehearing conferences; prehearing issues addressed at tutorial.

Source text: The Court does not conduct prehearing conferences. The parties may address any prehearing issues at the tutorial.

Discovery motions in civil cases are referred to a Magistrate Judge.

Source text: Discovery motions in civil cases will be referred to a Magistrate Judge.

Pretrial conference scheduled for 1:30 p.m.

Source text: A Pretrial Conference SHALL be held at 1:30 p.m. on

Counsel must confer and discuss evidentiary objections and trial simplification with the court.

Source text: Counsel SHALL confer in advance and be prepared to discuss with the Court any anticipated evidentiary objections and any means for shortening and simplifying the trial (e.g., by stipulating to such matters as chain of custody, nature of substances, use of the mails, etc.).