Southern District of California Pre-Motion Conference Requirements

Motions must be filed 14 days before hearing; oppositions 7 days before.

Source text: Magistrate Judges will schedule the motion hearing / trial setting on the Friday calendar four weeks from the initial appearance before the Magistrate Judge. All motions, except motions in limine and those pertaining to sentencing matters, shall be filed at least fourteen calendar days before the hearing date. Opposition briefs shall be filed at least seven calendar days before the hearing date.

Motions due 14 days before hearing; oppositions due 7 days before.

Source text: Motions are due fourteen days before the hearing, with any opposition due seven days before the hearing, unless otherwise set by the Court.

Conference with opposing counsel required at least 7 days before filing any noticed motion.

Source text: Any party contemplating the filing of any noticed motion before this Court must first contact opposing counsel to discuss thoroughly—preferably in person—the substance of the contemplated motion and any potential resolution. The conference must take place at least seven days prior to the filing of the motion.

Sur-replies and notices of supplemental authority require leave of court.

Source text: Sur-replies and notices of supplemental authority may not be filed unless leave of court has been granted. The parties must obtain leave of court by filing an ex parte request before filing any sur-replies or notices of supplemental authority.

Cross-motion in summary judgment requires ex parte consolidated briefing schedule.

Source text: If upon being served with a summary-judgment motion an opposing party determines that it intends to file a cross-motion, that party must file an ex parte application requesting a consolidated briefing schedule well in advance of the due date for the opposition to the first-filed briefing and exhibits.

Separate Statements of Fact require leave of court.

Source text: Consistent with Civil Local Rule 7.1(f)(1), Separate Statements of Fact may not be filed unless leave of Court has been granted. Any separate statements of disputed or undisputed facts will be rejected unless leave of Court has been granted.

Ex parte applications require meet-and-confer with opposing counsel

Source text: Before filing any ex parte application, counsel must contact the opposing party to meet and confer regarding the subject of the ex parte application.

TRO motions must be briefed; ex parte hearings only in extraordinary circumstances.

Source text: All motions for temporary restraining orders must be briefed. While temporary restraining orders may be heard in true ex parte fashion (i.e., without notice to an opposing party), the Court will do so only in extraordinary circumstances. The Court’s strong preference is for the opposing party to be served and afforded a reasonable opportunity to file an opposition.

Parties must meet and confer before filing a sealing motion and seek the narrowest possible sealing order.

Source text: Before filing a sealing motion, the parties must meet and confer to agree on the narrowest possible sealing order, in accordance with Criminal Chambers Rule 6 (Meet-and-Confer Requirement).

Before filing specified pretrial submissions, counsel must conduct a face-to-face meet-and-confer, and phone/email/written exchanges are insufficient absent leave of court.

Source text: Counsel must meet and confer to resolve any disputed issues before filing any of the following: pretrial motions in limine, trial briefs, proposed verdict forms, proposed jury instructions, or proposed voir dire questions. That meeting must be conducted face to face—that is, in person or by videoconference. This requirement cannot be satisfied by telephone, email, or written correspondence, unless the Court grants leave.

Meet-and-confer required before filing most motions.

Source text: In general, before filing any motion counsel must meet and confer to resolve the disputed issues.

Meet-and-confer must be in person or by videoconference.

Source text: That meeting must be conducted face to face—that is, in person or by videoconference.

Meet-and-confer required before filing sealing motions.

Source text: Before filing a sealing motion, the parties must meet and confer to agree on the narrowest possible sealing order, in accordance with Civil Chambers Rule 5 (Meet-and-Confer Requirement).

Telephone/email/written correspondence not permitted for meet-and-confer.

Source text: This requirement cannot be satisfied by telephone, email, or written correspondence, unless the Court grants leave.

Exceptions to meet-and-confer requirement listed.

Source text: The only motions excepted from this rule are: (i) applications for temporary restraining orders, (ii) joint motions, (iii) ex parte applications, (iv) motions involving a pro se plaintiff who is not an attorney, and (v) motions made during or after trial.

Certification of meet-and-confer required with motion.

Source text: The moving party must include a certification or declaration documenting that this rule has been satisfied.

Certification must include date and type of meet-and-confer.

Source text: That certification must include the date of the meet-and-confer conference as well as the type of meeting (in person, videoconference, or other court-approved type).

Failure to comply with meet-and-confer results in denial.

Source text: If the moving party fails to comply with this rule, the Court will deny the motion.

Nonmoving party refusal may result in attorney fee sanctions.

Source text: If counsel for the nonmoving party refuses to meet and confer as required by this rule, the Court may order payment of reasonable expenses, including attorney fees.

Counsel must meet and confer before filing motions, subject to listed exceptions.

Source text: In general, before filing any motion counsel must meet and confer to resolve the disputed issues.

Parties must meet and confer on transcript or exhibit redactions/excerpts before seeking court resolution by motion in limine.

Source text: If a party wishes for a transcript or exhibit to be redacted or excerpted for trial, that issue must be discussed during the meet-and-confer process. After meeting and conferring, if the parties cannot agree on a proposed redaction to a transcript or exhibit—or on the portions to be shown or heard—all sides must seek court resolution of that issue through a motion in limine.

If parties cannot resolve exhibit-use disputes for opening statements after meet-and-confer, they must file a motion in limine.

Source text: After meeting and conferring, if the parties cannot agree on the use of an exhibit in opening statement, all sides must seek court resolution of that issue through a motion in limine.

Motions must be filed at least 14 days before the noticed hearing date.

Source text: All parties shall adhere strictly to Criminal Local Rule 47.1, which provides that all motions must be filed no later than fourteen (14) days prior to the date for which the motion is noticed unless the Court, by order and for good cause, shortens that time.

Pretrial motions filed 14 days before hearing; oppositions 7 days before.

Source text: All motions, except motions in limine and those pertaining to sentencing matters, must be filed at least fourteen (14) calendar days before the hearing date. Opposition briefs must be filed at least seven (7) calendar days before the hearing date.

Meet and confer required before filing ex parte motions.

Source text: Before filing any ex parte motion, counsel must contact the opposing party to meet and confer regarding the subject of the ex parte motion.

Noticed motions must set hearing date 35 days from filing date.

Source text: Parties filing a noticed motion must set the hearing date to be thirty-five (35) days from the motion's filing date.

Motions in limine due 2 weeks before hearing; opposition due 1 week before.

Source text: At the pretrial motions date, the Court generally will schedule a hearing date for motions in limine at 11:00 a.m. on the Friday before the Monday trial call. Motions in limine are due two weeks before the hearing, with any opposition due one week before the hearing.

Hearing date sets briefing schedule only; no oral argument unless separately ordered.

Source text: The hearing date on a motion does not indicate a date when appearances are necessary; rather, it sets the briefing schedule for the motion pursuant to the applicable local rules. Consequently, the filing party will not specify a hearing time on its motion, and will include the following language in the caption of the motion: PER CHAMBERS RULES, NO ORAL ARGUMENT UNLESS SEPARATELY ORDERED BY THE COURT.

Ex parte motions require meet-and-confer declaration documenting contact efforts and opposing counsel's position.

Source text: Before filing any ex parte motion, counsel will contact the opposing party to meet and confer regarding the subject of the ex parte motion. All ex parte motions will be accompanied by a declaration from the movant documenting (1) efforts to contact opposing counsel, (2) counsel’s good faith efforts, in person or by telephone, to meet and confer to resolve differences with opposing counsel, and (3) opposing counsel’s general position regarding the ex parte motion.

Rule 12(b) motions require informal conference before filing, with statement due 2 days before.

Source text: Any party desiring to file a Rule 12(b) motion shall first attempt to resolve the matter informally. If no informal resolution is achieved, the moving party shall contact the Court’s Law Clerk to obtain a date for a telephonic in-chambers conference, and arrange for the opposing party to appear at that time. The moving party shall, no later than two days before the conference, e-mail to chambers and serve on the opposing party an informal statement explaining why such motion is warranted. No statement is required of the opposing party. The time prescribed by the Federal Rules of Civil Procedure for the moving party’s first responsive pleading shall be tolled until after the conference.

Motion must be filed when scheduling hearing date with Law Clerk.

Source text: A hearing date will not be reserved unless the motion is filed on the date on which the Law Clerk is contacted to schedule the hearing date.

Motions in limine must be filed 2 weeks before hearing, oppositions 1 week before, no reply briefs.

Source text: Such motions must be filed and served two weeks before the scheduled hearing date, with oppositions due one week before the hearing. No reply briefs are permitted.

Briefing schedule must follow Civil Local Rule 7.1(e) unless Court orders otherwise.

Source text: The schedule for filing briefs must be in accordance with Civil Local Rule 7.1(e), unless ordered otherwise by the Court.

Motion hearing dates must be obtained from chambers before filing, with 3-day filing deadline.

Source text: Motion hearing dates are generally set on Wednesdays beginning at 9:00 a.m. Pursuant to Civil Local Rule 7.1(b), all dates for motion hearings must be obtained by calling the appropriate law clerk in chambers before filing any motion. Motion papers MUST be filed and served within three (3) calendar days of obtaining a motion hearing date from chambers. Failure to comply with this requirement may result in the forfeiture of the assigned hearing date.

Meet and confer required 7 days before filing most motions, with declaration requirement.

Source text: Unless one of the below exceptions applies, any party contemplating the filing of any noticed motion before this Court must first contact opposing counsel to thoroughly discuss the substance of the motion and attempt to resolve the matter informally. For example, a party desiring to file a Rule 12(b)(6) motion shall meet and confer to determine the feasibility of stipulating to an amended complaint that resolves the moving party’s concerns. The conference must take place by telephone or in person at least seven (7) days prior to the filing of the motion. If the parties are unable to reach a resolution that eliminates the need to file the motion, counsel for the moving party must include in the motion papers a declaration to the following effect: “This motion is made following the conference of counsel that took place on [date].” Parties will not obtain a hearing date until they have satisfied this meet and confer requirement. Failure to meet and confer in good faith will result in the Court issuing an order to show cause why sanctions should not be issued.

Leave of Court required before filing sur-replies or notices of supplemental authority.

Source text: The parties must obtain leave of Court by filing an ex parte request before filing any sur-replies. Notices of supplemental authority may not be filed unless leave of court has been granted.

Separate Statements of Fact prohibited unless leave granted; joint statement required by reply brief.

Source text: Consistent with Civil Local Rule 7.1(f)(1), separate Statements of Fact may not be filed unless leave of Court has been granted. Rather, the parties must meet and confer to arrive at a joint statement of undisputed material facts, which must be filed no later than the reply brief.

Parties must meet and confer 15 days before dispositive motion deadline about summary judgment intentions.

Source text: No later than fifteen (15) days before the deadline for filing dispositive motions, all parties on the same side of the case (i.e., all defendants or all plaintiffs), must meet and confer about whether they intend to file a motion for summary judgment, and if so, the bases for that motion.

Meet and confer required with opposing party before filing ex parte motion.

Source text: Before filing any ex parte motion, counsel must contact the opposing party to meet and confer regarding the subject of the motion.

Motions in limine must be filed three weeks before hearing, responses two weeks before.

Source text: Motions in limine are due three weeks before the hearing, with any responses due two weeks before the hearing.

Must move for admission or allow Court to inquire about objections before publishing exhibits to jury.

Source text: Before publishing an exhibit to the jury, counsel must either move for admission of the exhibit or allow the Court to inquire whether the opposing side has any objection to publication.

Reply briefs must be filed within 2 weeks of the opposition brief.

Source text: Any reply brief(s) must be filed within two weeks of the opposition brief.

Meet and confer requirement before filing any noticed motion (except pro se cases and TRO/preliminary injunction applications).

Source text: Unless one of the below exceptions applies, any party contemplating the filing of any noticed motion before this Court must first contact opposing counsel to discuss thoroughly the substance of the contemplated motion and attempt to resolve the matter informally.

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

Source text: The conference must take place by telephone or in person at least seven (7) days prior to the filing of the motion.

Opposition briefs must be filed within 3 weeks of the motion.

Source text: Unless otherwise ordered by the Court, upon the filing of a motion, any opposition brief(s) must be filed within three weeks of the noticed motion.

Court's briefing schedule supersedes Civil Local Rule 7.1(e).

Source text: This briefing schedule supersedes the briefing schedule set forth by Civil Local Rule 7.1(e).

Ex parte motions require meet-and-confer, declaration, and service on opposing counsel; unopposed motions may be granted after 2 court days.

Source text: Before filing any ex parte motion, counsel must contact the opposing party to meet and confer regarding the subject of the ex parte motion. All ex parte motions must be accompanied by a declaration from the movant documenting (1) efforts to contact opposing counsel, (2) counsel’s good faith efforts, in person or by telephone, to meet and confer to resolve differences with opposing counsel, and (3) opposing counsel’s position regarding the ex parte motion. Any ex parte motion filed with the Court must be served on opposing counsel via email, or overnight mail. Ex parte motions that are not opposed within two (2) Court days will be considered unopposed and may be granted on that ground.

Pre-motion conference required for motions in limine with declaration confirming meet and confer.

Source text: Prior to filing motions in limine, counsel must meet and confer and discuss their intended motions, in an attempt to resolve issues without court intervention. Counsel must confirm their good faith attempt to resolve the issues in a declaration that includes (1) the date of the meet and confer; (2) counsel’s good faith efforts, in person or by telephone, to resolve differences with opposing counsel; and (3) the positions taken by opposing counsel such that resolution was not possible. Failure to meet and confer in good faith will result in the Court issuing an order to show cause why sanctions should not be issued.

Motions in limine due two weeks before hearing; opposition one week before.

Source text: motions in limine are due two weeks before the hearing, with any opposition due one week before the hearing.

Meet and confer required before filing motions in limine.

Source text: Prior to filing motions in limine, counsel must meet and confer and discuss their intended motions, in an attempt to resolve issues without court intervention.

7-day meet-and-confer conference required before filing most motions.

Source text: Any party contemplating the filing of any noticed motion before this Court must first contact opposing counsel to discuss thoroughly—preferably in person—the substance of the contemplated motion and any potential resolution. The conference must take place at least seven (7) days prior to the filing of the motion. If the parties are unable to reach a resolution that eliminates the need to file the anticipated motion, counsel for the moving party must include in the notice of motion a statement to the following effect: “This motion is made following the conference of counsel that took place on [date].”

Ex parte applications require meet-and-confer declaration documenting contact efforts and opposing counsel's position.

Source text: Before filing any ex parte application, counsel must contact the opposing party to meet and confer regarding the subject of the ex parte application. All ex parte applications must comply with Civil Local Rule 83.3(g) including a declaration from the movant documenting: (1) efforts to contact opposing counsel, (2) counsel’s good faith, in person or by telephone meet-and-confer efforts to resolve differences with opposing counsel, and (3) opposing counsel’s general position regarding the ex parte application.

Temporary restraining order motions must be briefed; ex parte hearings only in extraordinary circumstances.

Source text: All motions for temporary restraining orders must be briefed. While temporary restraining orders may be heard in true ex parte fashion (i.e., without notice to an opposing party), the Court will do so only in extraordinary circumstances.

Replies to motions in limine not permitted unless directed by Court.

Source text: No replies shall be filed unless directed by the Court.

7-day meet-and-confer conference required before filing noticed motions.

Source text: Any party contemplating the filing of any noticed motion before this Court must first contact opposing counsel to discuss thoroughly the substance of the contemplated motion and any potential resolution. The conference must take place at least seven (7) days prior to the filing of the motion.

Motion must include statement confirming meet-and-confer conference.

Source text: If the parties are unable to reach a resolution that eliminates the need to file the anticipated motion, counsel for the moving party must include in the motion papers a statement to the following effect: 'This motion is made following the conference of counsel that took place on [date].'

Motion hearing dates must be set 35 days from filing date.

Source text: Parties filing a noticed motion must set the hearing date to be thirty-five (35) days from the motion’s filing date.

Motion caption must include: NO ORAL ARGUMENT UNLESS SEPARATELY ORDERED.

Source text: Consequently, the filing party should not specify a hearing time on its motion, and must include the following language in the caption of the motion: PER CHAMBERS RULES, NO ORAL ARGUMENT UNLESS SEPARATELY ORDERED BY THE COURT.

Ex parte motions require meet and confer and declaration documenting efforts.

Source text: Before filing any ex parte motion, counsel must contact the opposing party to meet and confer regarding the subject of the ex parte motion. All ex parte motions must be accompanied by a declaration from the movant documenting (1) efforts to contact opposing counsel, (2) counsel’s good faith efforts, in person or by telephone, to meet and confer to resolve differences with opposing counsel, and (3) opposing counsel’s general position regarding the ex parte motion.

Motions in limine due 2 weeks before hearing; opposition due 1 week before.

Source text: Motions in limine are due two weeks before the hearing, with any opposition due one week before the hearing.

Pre-motion conference with opposing counsel required at least 7 days before filing.

Source text: Any party contemplating the filing of any noticed motion before this Court must first contact opposing counsel to discuss thoroughly—preferably in person—the substance of the contemplated motion and any potential resolution. The conference must take place at least seven (7) days prior to the filing of the motion.

Hearing dates must be Mondays between 30-60 days after filing.

Source text: Parties filing a noticed motion may choose any Monday between thirty (30) and sixty (60) days from the motion’s filing date.

Meet and confer required before filing motions to amend pleadings.

Source text: Before filing any motions to amend the pleadings, counsel shall meet and confer in good faith regarding the proposed amendment.

Party seeking amendment must provide proposed amended pleading and explanation to opposing counsel.

Source text: To facilitate this process, the party seeking to amend their pleading shall provide opposing counsel with a copy of the proposed amended pleading along with an explanation of the reasons for the amendment.

Declaration documenting meet and confer efforts required if parties cannot agree on amendment.

Source text: If counsel are unable to reach agreement regarding the proposed amendment, counsel filing the motion to amend shall attach a declaration to the motion documenting counsels’ meet and confer efforts.

Joint statement of disputed/undisputed facts required 10 days before hearing, filed with reply brief.

Source text: Ten (10) days before the hearing date, the parties shall meet and confer to arrive at a joint statement of disputed and undisputed facts, which shall be filed no later than the reply brief.

Separate statements of disputed/undisputed facts will not be considered by the Court.

Source text: The Court will not consider any separate statements of disputed or undisputed facts.

TRO motions must be briefed; ex parte hearings only in extraordinary circumstances.

Source text: All motions for temporary restraining orders shall be briefed. While temporary restraining orders may be heard ex parte, the Court will do so only in extraordinary circumstances. The Court’s strong preference is for the opposing party to be served and afforded a reasonable opportunity to file an opposition.

Ex parte applications require meet-and-confer and declaration documenting contact efforts.

Source text: Before filing any ex parte application, counsel must contact the opposing party to meet and confer regarding the subject of the ex parte application. All ex parte applications must comply with Civil Local Rule 83.3(g) including a declaration from the movant documenting: (1) efforts to contact opposing counsel; (2) counsel’s good faith, in person or by telephone meet-and-confer efforts to resolve differences with opposing counsel; and (3) opposing counsel’s general position regarding the ex parte application.

Ex parte applications unopposed within 3 Court days may be granted unopposed.

Source text: Ex parte applications that are not opposed within three (3) Court days may be considered unopposed and granted on that ground.

Meet and confer required before filing motions in limine, with declaration if unsuccessful.

Source text: Before filing any motions in limine, parties are required to meet and confer in an attempt to resolve their dispute. If the parties are unable to resolve their differences, counsel filing the motion in limine shall attach a declaration documenting the parties' meet and confer efforts and the reason for their failure to reach an agreement.

Motions in limine briefing schedule: file 3 weeks before hearing, oppositions due 2 weeks before.

Source text: A briefing schedule for motions in limine will be set at the final pretrial conference. Generally, motions in limine will be heard two weeks before trial unless otherwise ordered by the Court given the circumstances of the case. Such motions must be filed and served three weeks before the scheduled hearing date, with oppositions due two weeks before the hearing.

One brief per motion in limine per side in multi-party cases; excess filings stricken.

Source text: If the case involves multiple plaintiffs or multiple defendants, only one brief per motion in limine per side will be accepted. Unless the parties obtain leave of Court to exceed the limitations contained herein prior to filing, multiple filings and filings that exceed the page limitations will be stricken.

Motions in limine must be filed 2 weeks before hearing, opposition 1 week before.

Source text: Motions in limine are due two (2) weeks before the hearing, with any opposition due one (1) week before the hearing.

Meet and confer required before filing most motions; statement of compliance required in notice of motion.

Source text: Unless otherwise excused by the Court, before filing any motion except a motion in a case involving an incarcerated pro se party, the parties must meet and confer in good faith, preferably in person and not by email, to attempt to resolve the issue without involving the Court. The movant(s) must include a statement of compliance with this provision in their notice of motion. Failure to include a statement of compliance may result in the striking or summary denial of the motion.

Motion hearing dates must be obtained from chambers before filing; papers due within 3 days of obtaining date.

Source text: Pursuant to Civil Local Rule 7.1(b), all dates for motion hearings must be obtained by calling chambers before filing any motion. Motion papers must be filed and served within three (3) calendar days of obtaining a motion hearing date from chambers. Failure to comply with this requirement may result in the forfeiture of the assigned hearing date.

Rule 26(f) conference required for civil cases to discuss discovery topics.

Source text: In order to ensure that civil litigation is “just, speedy, and inexpensive” as required by Fed. R. Civ. P. 1, attorneys and parties must collaborate in the discovery process. Attorneys and pro se litigants should review the topics set forth in this Checklist at the initial conference required under Fed. R. Civ. P. 26(f).

Pre-motion telephonic conference required before filing discovery motion.

Source text: No discovery motion may be filed until the Court has conducted a pre-motion telephonic conference with the parties, unless the movant has obtained leave of Court. The Court will strike any discovery motion that does not comply with this process.

Ex parte motions must comply with Civ. LR 83.3(g).

Source text: All ex parte motions must comply with Civ. LR 83.3(g).

Three-page single-spaced letter brief required before informal discovery conference.

Source text: Prior to the informal discovery conference, parties must share with the opposing side and send to efile_Butcher@casd.uscourts.gov a maximum three-page, single-spaced, letter brief, using 14-Point, Times New Roman, Calibri, or similar font, summarizing their position and the legal authority that supports their position.

Meet and confer required before bringing matters to court, in person or videoconference

Source text: Before bringing any matter to the Court for resolution, lead counsel (or attorneys with full authority to make decisions on the matter in dispute) must promptly meet and confer. If the matter is subject to Civil Local Rule 26.1.a, the parties must meet and confer “concerning all disputed issues.” The meet and confer must occur in person or by videoconference. Under no circumstances may a meet and confer occur entirely through written correspondence.

Discovery motion filing prohibited until pre-motion conference unless leave granted

Source text: No discovery motion may be filed until the Court has conducted its pre-motion conference unless the movant has obtained leave of Court.

Meet and confer required before discovery dispute can be addressed.

Source text: The Court will not address discovery disputes until counsel have met and conferred to resolve the dispute.

Rule 26(f) conference required for civil cases to discuss discovery topics.

Source text: In order to ensure that civil litigation is “just, speedy, and inexpensive” as required by Fed. R. Civ. P. 1, attorneys and parties must collaborate in the discovery process. Attorneys and pro se litigants should review the topics set forth in this Checklist at the initial conference required under Fed. R. Civ. P. 26(f).

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

Source text: Our Chambers Rules require the parties to try to work out discovery disputes on their own before filing a motion, through a process called a “meet and confer.”

Mandatory meet and confer required before bringing any matter to court

Source text: Prior to bringing any matter to the Court for resolution, lead counsel (or attorneys with full authority to make decisions on the matter in dispute) must promptly meet and confer to discuss thoroughly the substance of each issue in dispute and any potential resolution of that issue.

Strict compliance required with meet and confer requirement

Source text: The Court expects strict compliance with this meet and confer requirement when 'meet and confer' is referenced below.

Motion notice must include meet and confer statement with date and format

Source text: In any notice of motion filed with the Court, counsel for the moving party must include a statement to the following effect: 'This motion is made following the conference of counsel that took place [in person/ via videoconference] on [date].'

Discovery conference email to Chambers must include 3 proposed times, neutral dispute statement, parties' positions, and key authorities.

Source text: After meet and confer attempts have failed, the movant must email Chambers at efile_Pettit@casd.uscourts.gov seeking a conference with the Court to discuss the discovery dispute. The email must include: (1) at least three proposed times mutually agreed upon by the parties for the telephonic conference; (2) a neutral statement of the dispute; (3) one to two sentences describing (not arguing) each parties' position; and (4) a list of key authorities, if any, the parties believe are potentially dispositive of the dispute

Discovery motions require Court leave, typically granted after pre-motion conference.

Source text: No discovery motion may be filed unless the movant has obtained leave of Court, which will not normally be authorized until after a pre-motion conference. The Court may strike any discovery motion filed without complying with this process.

Discovery motions require advance Court permission and expedited briefing.

Source text: A motion seeking to resolve a discovery dispute requires advance permission from the Court. If leave of Court is granted, the Court will issue a briefing schedule, often on an expedited basis, as the Court believes it is important to resolve their motion and opposition in a shortened time frame.

Written motion required to excuse defendant's appearance, signed by defendant.

Source text: If a defendant is released on bond and counsel seeks to excuse their appearance at a hearing, counsel must file a written motion on the docket, signed by the defendant, and include an explanation as to why defendant should not be required to attend and submit a proposed order to Judge Dembin=s e-file box.

Meet and confer required before filing motion to amend scheduling order; joint motion preferred.

Source text: Counsel must meet and confer prior to the filing of any motion to amend the Scheduling Order. The Court prefers any motion to amend the schedule be brought as a Joint Motion reflecting the positions of the parties.

Meet and confer required before contacting court; in-person if same district, phone/video if different districts.

Source text: Counsel must meet and confer on all issues before contacting the court. If counsel are located in the same district, the meet and confer must be in person. If counsel are located in different districts, then telephone or video conference may be used.

Meet and confer required before seeking court ruling on deposition disputes involving privilege, court-ordered limitations, or Rule 30(d).

Source text: If a dispute arises during the course of a deposition regarding an issue of privilege, enforcement of a court-ordered limitation on evidence, or pursuant to Fed. R. Civ. P. 30(d), which constitute the only legitimate reasons to instruct a witness not to answer, counsel are to meet and confer prior to seeking any ruling from the Court.

Joint Motion required for discovery disputes before filing motion to compel or for protective order.

Source text: If the dispute concerns written discovery requests (e.g. interrogatories, requests for production) and a party will be moving to compel or moving for a protective order, the parties shall submit a Joint Motion for Determination of Discovery Dispute.

Opposing party must have reasonable opportunity to contribute to Joint Motion.

Source text: The aggrieved party must provide the opposing party a reasonable opportunity to contribute to the Joint Motion.

Party must file Notice of Intent to Respond within 5 business days of ex parte discovery motion, with declaration explaining why joint motion wasn't used.

Source text: No later than five (5) business days following the filing an ex parte discovery motion directed at a party, that party, if it intends to oppose the motion, must file a Notice of Intent to Respond. The Notice must contain a declaration of counsel explaining why counsel did not participate in a joint motion.

Rule 26(f) conference timing requirements.

Source text: Timing of the Rule 26(f) Conference

Rule 26(f) conference is mandatory unless excluded.

Source text: Mandatory Unless Excluded by the Rule or Court Order.

Participation requirements for Rule 26(f) conference.

Source text: Who Must Participate.

Format requirements for Rule 26(f) conference.

Source text: Format of the Conference.

Discussion requirements for Rule 26(f) conference.

Source text: What Must Be Discussed.

Opposing counsel must be given opportunity to respond to ex parte applications.

Source text: After service of the ex parte application, opposing counsel will ordinarily be given an opportunity to respond. If more time is needed, opposing counsel should confer with

Objections to initial disclosure must be discussed at Early Neutral Evaluation Conference in the Southern District of California.

Source text: In the Southern District of California, counsel should be prepared to discuss any anticipated objections at the Early Neutral Evaluation Conference. The magistrate judge will resolve the issue at that time.

Rule 26(f) conference must address ESI preservation issues including backup tapes, archival data, and preservation of relevant data going forward.

Source text: Second, Rule 26(f) requires parties to discuss any issues relating to preserving discoverable ESI at the Rule 26(f) conference. This is the opportune time to discuss issues related to back up tapes, archival data, legacy data, or de-duplication of data, as well as the preservation of relevant data (e.g., emails) going forward.

Early Neutral Evaluation Conference required within 45 days of answer (60 days for patent cases)

Source text: In the Southern District of California, Local Civil Rule 16.1.c requires an Early Neutral Evaluation Conference within 45 days of the filing of an answer, except in patent cases where the conference is set within 60 days. See Patent L.R.2.1.a. Counsel and parties are required to appear before the magistrate judge supervising the pretrial management of the case for the conference.

Case Management Conference required within 90 days of service (or 60 days of appearance)

Source text: The court must schedule a Case Management Conference within 90 days of a defendant being served or within 60 days of a defendant's first appearance. 42 Fed. R. Civ. P. 16(b) This timing is subject to extension in the court's discretion. Case Management Conferences are also required to follow within 30 days of the Early Neutral Evaluation Conference or 60 days after the Early Neutral Evaluation if arbitration or mediation is ordered.

Meet and confer in person or by phone required before discovery motions; certificate of compliance required.

Source text: All judges require counsel’s compliance with Local Civil Rule 26.1.a. “The Court will entertain no motion pursuant to Rules 26 through 37, Fed. R. Civ. P., unless counsel will have previously met and conferred concerning all disputed issues.” Id. “If counsel have offices in the same county, they are to meet in person. If counsel have offices in different counties, they are to confer by telephone. Under no circumstances may the parties satisfy the meet and confer requirement by exchanging written correspondence.” Id. (emphasis added). A certificate of compliance regarding the meet and confer must be filed by the moving party concerning the dispute. Local Civil Rule 26.1.b.

Failure to meet and confer results in rejection of motion to compel

Source text: If you haven’t fully discharged the meet and confer obligation, you cannot succeed, and your application will be rejected out of hand.

Motions to compel require completing the Rule 26 meet and confer obligation before filing; applications without it will be rejected.

Source text: The key in succeeding on a motion to compel is, of course, completing the meet and confer obligation under Rule 26 first. If you haven't fully discharged the meet and confer obligation, you cannot succeed, and your application will be rejected out of hand.

Motions in limine must be filed 14 days before hearing, opposition 7 days before, no replies

Source text: Motions in Limine: These Motions will be heard 14 days before the trial date unless otherwise set by the Court. Motions are due 14 days before the hearing, with any opposition due 7 days before the hearing, unless otherwise set by the Court. No reply memorandum are to be filed.

Motions must be filed 14 calendar days before hearing; oppositions 7 days before.

Source text: All motions, except motions in limine and those pertaining to sentencing matters, must be filed at least fourteen (14) calendar days before the hearing date. Opposition briefs must be filed at least seven (7) calendar days before the hearing date.

Motions in Limine are due 14 days before hearing, opposition due 7 days before, no replies permitted.

Source text: Motions in Limine: These Motions will be heard 14 days before the trial date unless otherwise set by the Court. Motions are due 14 days before the hearing, with any opposition due 7 days before the hearing, unless otherwise set by the Court. No reply memorandum are to be filed.

Motion hearing dates must be obtained from law clerk before filing; sur-replies require ex parte leave.

Source text: Pursuant to Civil Local Rule 7.1(b), all dates for motion hearings must be obtained by calling the law clerk before filing any motion. Motion papers MUST be filed and served the same day of obtaining a motion hearing date from chambers. A briefing schedule will be issued once a motion has been filed. The parties must obtain leave of Court by filing an ex parte request before filing any sur-replies.

Motions in limine due 2 weeks before hearing; responses due 7 days before.

Source text: Unless the Court orders otherwise, all motions in limine are due two weeks before the motion in limine hearing date. All responses are due seven (7) days before the motion in limine hearing date.

Motions must be filed 14 days before hearing; oppositions 7 days before.

Source text: All motions shall be filed at least fourteen calendar days before the hearing date. Any Opposition shall be filed at least seven calendar days before the hearing date.

Motions in limine due 2 weeks before hearing; oppositions due 1 week before.

Source text: Motions in limine are due two weeks before the hearing, with any opposition due one week before the hearing.

Motions in Limine must be filed after in-person meet-and-confer with declaration of efforts

Source text: Motions in Limine may be heard the Friday before trial is scheduled to begin or the morning of the first day of trial prior to jury impanelment. The judge will assign a Motions in Limine date at the time of the Pretrial Conference. Before filing any motions in limine, parties are required to meet and confer in person in an attempt to resolve their dispute. If the parties are unable to resolve their differences, counsel filing the motion in limine shall attach a declaration documenting the parties' meet-and-confer efforts and the reason for their unsuccessful efforts.

Meet and confer required before filing ex parte motions.

Source text: Before filing any ex parte motion, the moving party must contact the opposing party to meet and confer regarding the subject of the ex parte motion.

Motions in limine: 28 days to file, 14 days to oppose.

Source text: Motions in limine must be filed at least twenty-eight (28) days before the final pretrial conference; oppositions to motions in limine must be filed at least fourteen (14) days before the final pretrial conference.

No reply briefs for motions in limine.

Source text: No reply briefs will be accepted.

Maximum 10 motions in limine per side.

Source text: Each side is limited to a maximum of ten (10) motions in limine.

Motion hearing dates must be Mondays between 28-45 days after filing.

Source text: Before filing a motion, Counsel or the filing party shall select the hearing date by choosing a Monday that is between 28 days and 45 days from the motion’s actual filing date.

All arguments must be raised in opening brief; new arguments in reply may be disregarded.

Source text: Moving parties shall raise all factual and legal bases for the motion in the opening brief. Factual matters or legal arguments raised by a party for the first time in the reply brief, unless directly in response to the opposition, may not be considered.

Non-opposition statements must be filed 14 days before hearing.

Source text: A party that determines that it will not oppose a given motion shall file a statement of non-opposition no later than 14 days before the hearing date.

Meet and confer required before motions to amend pleadings, with declaration if no agreement reached.

Source text: Before filing any motions to amend the pleadings, counsel shall meet and confer in good faith regarding the proposed amendment. To facilitate this process, the party seeking to amend its pleading shall provide opposing counsel with a copy of the proposed amended pleading along with an explanation of the reasons for the amendment. If counsel are unable to reach agreement regarding the proposed amendment, counsel filing the motion to amend shall attach a declaration to the motion documenting counsels’ meet and confer efforts.

Parties must meet and confer to create joint statement of disputed/undisputed facts for summary judgment, filed with reply brief.

Source text: Ten (10) days before the hearing date, the parties shall meet and confer to arrive at a joint statement of disputed and undisputed facts, which shall be filed no later than the reply brief. The Court will not consider any separate statements of disputed or undisputed facts.

TROs and preliminary injunctions must be briefed; ex parte hearings only in extraordinary circumstances.

Source text: All motions for a temporary restraining order or preliminary injunction shall be briefed. While temporary restraining orders may be heard ex parte, the Court will do so only in extraordinary circumstances. The Court’s strong preference is for the opposing party to be served and afforded a reasonable opportunity to file an opposition. In appropriate cases, the Court may issue a limited restraining order to preserve evidence pending further briefing.

Meet and confer required before ex parte applications, with declaration documenting efforts and service required.

Source text: Before filing an ex parte application, counsel shall make every attempt to contact the opposing party to meet and confer regarding the subject of the ex parte application. All ex parte applications shall be accompanied by a declaration from counsel, or the filing party, documenting (1) efforts to contact opposing counsel, (2) counsel’s meet and confer efforts, and (3) opposing counsel’s position regarding the ex parte application. Any ex parte application filed with the Court shall be served on the opposing counsel via facsimile, electronic mail or overnight mail.

Motions in limine have strict deadlines: file by 4 weeks before trial, opposition by 2 weeks before trial, no reply briefs allowed.

Source text: Motions in limine must be filed and served no later than four (4) weeks before trial, and any opposition must be filed no later than two (2) weeks before trial. Reply briefs should not be filed.

Meet and confer required before filing motions in limine to resolve disputes.

Source text: Before filing any motions in limine, parties are required to meet and confer to resolve their dispute. If the parties are

Request special equipment via joint/ex parte motion at least 7 days before hearing/trial.

Source text: parties may request to use other equipment in the courtroom by filing a joint motion, or an ex parte motion if joint motion is not possible, at least seven (7) days before the hearing or trial and email a proposed order to the Court.

Meet and confer by phone/video/in-person required before raising discovery disputes.

Source text: Prior to bringing any dispute to the attention of the Court, lead counsel (or attorneys with full authority to make decisions and bind the client without later seeking approval from a supervising attorney, house counsel, or some other decision maker), are to promptly meet and confer “concerning all disputed issues.” Civil Local Rule 26.1.a. Counsel must meet and confer by telephone, video conference, or in-person. In no event will meet and confer letters or emails satisfy this requirement.

Discovery motions require leave of court and must follow Chambers Rules procedures.

Source text: If Judge Ferraro requests the parties file a discovery motion, the Court will advise the parties of the format for the motion. Under no circumstance may any party file any motion relating to Rules 26 through 37 and 45, ex parte or otherwise, without complying with the procedure set forth in these Chambers Rules regarding discovery disputes.

Failure to file opposition may be construed as consent to granting motion.

Source text: An opposing party’s failure to timely file an opposition to any motion may be construed as consent to the granting of the motion pursuant to Local Rule 7.1.f.3.c.

TRO motions must be briefed; ex parte hearings only in extraordinary circumstances.

Source text: All motions for temporary restraining orders must be briefed. While temporary restraining orders may be heard ex parte, the Court will do so only in extraordinary circumstances.

Exceptions to meet-and-confer: pro se plaintiffs, TROs/PIs, summary judgment motions.

Source text: The only exceptions to this meet-and-confer requirement are: (1) in cases where the plaintiff is appearing pro se and is not an attorney; (2) for applications for temporary restraining orders or preliminary injunctions; and (3) motions and cross-motions for summary judgment.

TROs must be briefed; ex parte hearings only in extraordinary circumstances.

Source text: All motions for temporary restraining orders must be briefed. While temporary restraining orders may be heard ex parte, the Court will do so only in extraordinary circumstances. The Court’s strong preference is for the opposing party to be served and afforded a reasonable opportunity to file an opposition.

Failure to timely oppose a motion may be construed as consent to granting.

Source text: An opposing party’s failure timely to file an opposition to any motion may be construed as consent to the granting of the motion pursuant to Civil Local Rule 7.1(f)(3)(c). Take note that the Court’s default briefing schedule differs from that appearing in the District’s Civil Local Rules. See infra Section III.B.2.

Surreplies and notices of supplemental authority require leave of Court unless binding law changes.

Source text: Surreplies and notices of supplemental authority may not be filed without leave of Court, unless there is a subsequent change in binding law that is directly on point. Under these circumstances, the party may file a notice of supplemental authority that includes a copy of the order or opinion and any case-identifying information. Counsel may not include any argument in the notice; the Court will request supplemental briefing if necessary.

Court prefers opposing party be served and given opportunity to oppose TRO motions.

Source text: The Court’s strong preference is for the opposing party to be served and afforded a reasonable opportunity to file an opposition.

Exchanging letters, faxes, or emails does not satisfy meet and confer requirement.

Source text: Exchanging letters, facsimiles or emails does not satisfy the meet and confer requirement.

Failure to meaningfully participate in required meet and confer may result in sanctions.

Source text: A party found by the Court to have failed to participate or to participate meaningfully in a required meet and confer session, may be sanctioned.

Leave of court required for pre-Rule 26(f) discovery.

Source text: Obtaining Leave of Court for Pre-Rule 26(f) Discovery.

Court may require conference before filing discovery motions under Rule 16(b)(3).

Source text: Under the 2015 amendments, the court, may order that before moving for an order relating to discovery, the movant must request a conference with the court. Rule 16(b)(3). Check your Case Management or Scheduling Order in this regard.

Daubert motions should not be filed as in limine motions.

Source text: Daubert motions are not appropriate as in limine motions

Counsel must attempt to confer and resolve deposition disputes before contacting the court.

Source text: Counsel should attempt to confer and resolve the issues first. Counsel should also be mindful of, and adhere to, the rules applicable to depositions.

Shortening time applications require non-conclusory affidavit with specific good cause.

Source text: Applications for an order shortening time are disfavored and must be supported by a non-conclusory affidavit signed by counsel setting forth facts establishing specific good cause.

Ex parte motions unopposed after 1 court day.

Source text: If the opposing party fails to respond to the ex parte motion within one (1) court day, the Court will consider the ex parte motion unopposed and may grant the motion solely on that ground.

Only one brief per side accepted for multiple parties.

Source text: As the language above indicates, if the case involves multiple plaintiffs or multiple defendants, only one brief per side will be accepted.

Exceeding page limits or multiple filings will be stricken without leave.

Source text: Unless the parties obtain leave of Court to exceed the limitations contained herein prior to filing, multiple filings and filings that exceed the page limitations will be stricken.

Failure to oppose motion is deemed consent to granting.

Source text: An opposing party’s failure to file a memorandum of points and authorities in opposition to any motion will be construed as consent to the granting of the motion.

Exception for binding intervening law changes without argument.

Source text: The only exception to this requirement is if there is a change in binding intervening law that is directly on point issued after the filing. Under these circumstances, parties may file a notice of supplemental authority that includes a copy of the order or opinion and any case-identifying information. Counsel may not include any argument in the notice.

Motions are heard on Friday at 11:00 AM; changes require Courtroom Deputy approval.

Source text: The magistrate judge will set a date for pretrial motions. Any changes to that date or any other hearing date for motions shall be obtained from the Courtroom Deputy. Criminal Local Rule 47.1(a). Motions generally are heard on the Court’s Friday calendar at 11:00 a.m.

Oral argument may be requested with explanation; court will set date if granted.

Source text: A party may request oral argument by filing a separate request that explains why oral argument would be helpful to the Court. If the Court grants a request for oral argument or sua sponte decides to hear oral argument, the Court will issue an order setting forth the date and time for oral argument.

Briefing schedules follow Local Rules unless Court sets specific schedule.

Source text: Briefing schedules are set forth in the Local Rules. There are no additional filing deadlines, unless the Court sets a specific briefing schedule in the case.

Motion hearings scheduled 30-60 days after filing.

Source text: Motion hearing dates generally are set within 30 to 60 days from the date the motion is filed, depending upon the nature and complexity of the motion.

5-day notice if oral argument is canceled.

Source text: If the motion is to be decided without oral argument, counsel will be notified by order of the Court canceling oral argument at least five days before the scheduled hearing date.

Oral arguments held Fridays at 1:30 PM.

Source text: Oral argument will occur on the Court’s Friday Calendar at 1:30 p.m.

Telephonic argument permitted with advance arrangements.

Source text: Telephonic argument is permitted in the Court’s discretion, provided arrangements are made in advance of the hearing.

Meet and confer not required for pro se cases, TROs, preliminary injunctions, or summary judgment motions.

Source text: The only exceptions to this meet-and-confer requirement are (1) cases where any party is appearing pro se and is not an attorney, (2) applications for temporary restraining orders or preliminary injunctions and (3) motions and cross-motions for summary judgments. Ex parte applications, which have separate requirements below, and joint motions are exempt from this rule as they are not noticed motions.

Exception to leave requirement for notices of supplemental authority when binding intervening law changes.

Source text: The only exception to this requirement is if there is a change in binding intervening law that is directly on point issued after the filing. Under these circumstances, parties may file a notice of supplemental authority that includes the case citation and a copy of the order or opinion. Counsel may not include any argument in the notice.

Exceptions to meet-and-confer: pro se plaintiffs, TROs/PIs, summary judgment motions.

Source text: The only exceptions to this meet-and-confer requirement are: (1) in cases where the plaintiff is appearing pro se and is not an attorney; (2) for applications for temporary restraining orders or preliminary injunctions; and (3) motions and cross-motions for summary judgment.

Motion hearing date sets briefing schedule, not appearance requirement.

Source text: The hearing date on a motion does not indicate a date when appearances are necessary; rather, it sets the briefing schedule for the motion pursuant to the applicable local rules.

Exceptions to pre-motion conference: pro se plaintiffs, TROs/PIs, summary judgment motions.

Source text: The only exceptions to this meet-and-confer requirement are: (1) in cases where the plaintiff is appearing pro se and is not an attorney; (2) for applications for temporary restraining orders or preliminary injunctions; and (3) motions and cross-motions for summary judgment.

If hearing Monday is federal holiday, next Tuesday may be selected.

Source text: If the preferred Monday is a federal holiday, then the filing party may select the following Tuesday as the hearing date for the motion.

10 minutes per side for voir dire on non-complex cases.

Source text: If voir dire by counsel is permitted, ten (10) minutes per side on non-complex cases generally will be allowed.

Civil motions scheduled for Thursday afternoons at 1:30 PM; oral argument typically held.

Source text: Civil motions will generally be scheduled for Thursday afternoons, beginning at 1:30 p.m. The Court typically hears oral argument on all civil motions. If the Court determines that a matter may be resolved on the papers without oral argument in accordance with Civil Local Rule 7.1(d)(1), the Court will issue an Order vacating the hearing.

Cross-motions for summary judgment should be consolidated; one party files by pre-trial deadline, other responds within 3 days.

Source text: If opposing parties intend to move for summary judgment, cross-motions and a consolidated briefing schedule are appropriate. As discussed through the meet-and-confer process, see supra Section III.A.1, one party (or more than one party represented by the same counsel) shall file its motion for summary judgment together with any summary-judgment-related Daubert motions by the deadline for pre-trial motions set by the Magistrate Judge in the operative scheduling order. Within three (3) calendar days of being served with the summary judgment motion, the opposing party (or more than one party represented by the same counsel) shall file an

CMC conducted immediately after ENE if no settlement reached.

Source text: The Court conducts the CMC required by Fed. R. Civ. P. 16 immediately following the ENE, if no settlement has been reached.

Rule 16(a) CMC held immediately after ENE if no settlement.

Source text: The Court will conduct a Rule 16(a) Case Management Conference ("CMC") immediately following the ENE, if the parties do not reach a settlement.

Mandatory Settlement Conference scheduled near completion of fact discovery.

Source text: The Scheduling Order will include a date for a Mandatory Settlement Conference ("MSC"). The MSC is typically set on a date near the completion of fact discovery and before the expert discovery deadline...

Status Conference set one month before Mandatory Settlement Conference.

Source text: The Court typically sets a Status Conference approximately one month before the MSC.

Status Conference set every 90 days to monitor case progress.

Source text: Additionally, the Court will likely set a status conference approximately every 90 days to ensure the case remains on track.

Court will issue order or set hearing on ex parte motions.

Source text: The Court will either issue an order on the written submissions or set a date and time for a hearing.

Discovery disputes unresolved in conference will receive briefing schedule.

Source text: If the parties cannot resolve their discovery dispute during the discovery conference with Judge Berg, they will be given a briefing schedule for a discovery motion.

Discovery hearings are rare; disputes resolved on pleadings without oral argument unless notified otherwise.

Source text: The Court rarely conducts discovery hearings. Discovery disputes will be resolved on the filed pleadings without oral argument unless the parties are notified the Court will hear oral argument.

Court may grant bail modification without hearing.

Source text: The Court may grant the requested modification without a hearing.

If court cannot review deposition dispute immediately, proceed with other areas of inquiry.

Source text: If the Court is unable to review the matter at that moment, counsel are to proceed with the deposition in other areas of inquiry and the Court will respond as soon as practicable.

Court may require joint motion if deposition dispute cannot be readily resolved.

Source text: If the matter cannot readily be resolved by the Court, the Court may require the parties to file a joint motion as provided at subparagraph C below.

Patent Local Rules add specific topics to Rule 26(f) conference agenda.

Source text: The Southern District’s Patent Local Rules include directives for case proceedings and set various deadlines specific to this type of litigation. As to the Rule 26(f) conference, Patent L.R. 2.1.b adds topics to the Rule 26(f) conference agenda.

Class actions may limit discovery to class certification issues before hearing.

Source text: In class action cases, discussion should include the timing of the motion for class certification, as well as any necessary discovery in that regard. Many courts will limit discovery to class certification issues prior to the class certification hearing and determination and schedule the case accordingly.

Early resolution of legal issues should be discussed.

Source text: Issues of law that should be resolved early in the case schedule.

Daubert issues may have early deadlines in patent and non-patent cases.

Source text: Issues under Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), needing determination pre-trial. Note, a growing number of courts will set a deadline for the determination of Daubert issues well before the trial. In the Southern District of California, this is the case in patent litigation under Patent Local Rule 2.1.a.4. Many of the judges employ the rule in their non-patent cases as well, and this will be reflected in the case management or other scheduling orders.

Parties should discuss desired changes to discovery limitations.

Source text: Any changes the parties desire in the limitations on discovery (i.e., 10 depositions per side) imposed by the Fed. R. Civ. P. discovery rules.

Rule 30(b)(6) witness matters should be discussed early.

Source text: The matters for examination of Rule 30(b)(6) witnesses of organization parties. This is now a requirement of Rule30(b)(6), and early attention to the matters of inquiry should help avoid overly long or ambiguously worded lists for examination and inadequately prepared witnesses.

Parties should formulate a joint discovery plan to lodge with court.

Source text: The formulation of a specific joint discovery plan to be lodged with the court.

ESI issues should be addressed early including search terms, production, preservation, and privilege.

Source text: Issues regarding disclosure and discovery of electronically stored information are important to address at this early stage. These issues should include search terms or methods; the form of production; preservation of electronically stored information; review of electronically stored information for privilege; electronically stored information that is not reasonably accessible; and, the assertion of privilege after production and any agreement regarding protecting rights to assert the attorney/client privilege are circumstances of inadvertent disclosure.

Keyword searching is costly and inefficient; search terms must be carefully crafted.

Source text: Although key word searching has been the accepted standard, the approach has become overly costly and is inefficient with the large increase in ESI that we continue to amass. Where used, search terms are of particular importance. Crafted too narrowly, they will yield little; too broadly, they will yield far more than desired, or appropriate.

ESI must be discussed at Rule 26(f) conference.

Source text: Fed. R. Civ. P. 26(f)(3)(c) places ESI on the agenda for the Rule 26(f) conference by adding, “any issues about disclosure, discovery, or preservation of electronically stored information . . ..”

Unopposed ex parte motions may be granted without hearing

Source text: Ex parte motions that are not opposed, will be considered unopposed and may be granted on that ground.

Ex parte motions decided without hearing

Source text: After receipt, moving and opposing ex parte papers will be reviewed and a decision will be made without a hearing.

Oral argument may be requested with explanation; summary judgment motions get oral argument if non-moving party requests.

Source text: Any party may request oral argument by filing a separate request that explains why oral argument would be helpful. Additionally, if requested by a non-moving party on a motion for summary judgment, oral argument will be granted.

Motions in limine heard at final pretrial conference.

Source text: Motions in limine shall be heard at the final pretrial conference.

Tentative rulings provided before final pretrial conference.

Source text: The Court makes every effort to provide tentative rulings on the motions in limine prior to the final pretrial conference and will entertain oral argument on the motions at the final pretrial conference.

Court may order oral argument with 3-day notice.

Source text: If the Court decides that oral argument will assist it in deciding a given motion, counsel will be notified at least three (3) court days before the scheduled hearing date.