Southern District of California Pre-Motion Conference Requirements

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

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.

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.

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.

Required

Always

Meet-and-confer required before filing most motions.

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

Required

Always

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

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

Meet-and-confer required before filing sealing motions.

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).

Required

Always

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

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

Required

Always

Exceptions to meet-and-confer requirement listed.

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.

Required

Always

Certification of meet-and-confer required with motion.

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

Required

Always

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

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).

Required

Always

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

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

Required

Always

Nonmoving party refusal may result in attorney fee sanctions.

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.

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

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.

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.

Required

Always

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

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.

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.

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.

Before filing motions in limine, trial briefs, proposed verdict forms, proposed jury instructions, or proposed voir dire questions, counsel must meet and confer face to face (in person or by videoconference); phone, email, or written correspondence does not satisfy the requirement absent court leave.

Conference of Counsel: 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.

Parties must discuss the meet-and-confer conference and the type of meeting (in person, videoconference, or other court-approved type).

the meet-and-confer conference as well as the type of meeting (in person, videoconference, or other court-approved type).

Redaction/excerpt issues for trial must be discussed during meet-and-confer; unresolved disputes must be resolved through a motion in limine.

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.

Disputes over exhibits in opening statements must be resolved through a motion in limine after meet-and-confer.

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.

Meet and confer required before filing ex parte motions.

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

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

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.

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.

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

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

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

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.

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.

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

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.

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

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.

Required

Always

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

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

Required

Always

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

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.

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.

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.

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

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.

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.

Required

Always

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

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.

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.

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.

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

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

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.

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.

All temporary restraining order motions must be briefed.

All motions for temporary restraining orders must be briefed.

Noticed motions require meet and confer with opposing counsel at least 7 days prior to filing, unless exempt; declaration required in motion if no resolution.

A. Conference of Counsel Prior to Filing Noticed Motions. 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. 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 detailing (1) the date of the meet and confer; (2) counsel’s good faith efforts, in person or by telephone, to meet and confer to resolve differences with opposing counsel; and (3) the positions taken by opposing counsel such that resolution was not possible. Parties will not obtain a hearing date until they have satisfied this meet and confer requirement. Any motions filed in violation of these requirements may be stricken. 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. The only exceptions to this meet-and-confer requirement are (1) cases where any party is appearing pro se and is not an attorney and (2) applications for temporary restraining orders or preliminary injunctions. Ex parte applications, which have separate requirements below, and joint motions are exempt from this rule as they are not noticed motions.

Opposition briefs due 3 weeks after motion filing, reply briefs due 2 weeks after opposition; supersedes local rule 7.1(e).

C. Briefing. 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. Any reply brief(s) must be filed within two weeks of the opposition brief. This briefing schedule supersedes the briefing schedule set forth by Civil Local Rule 7.1(e). If multiple parties are moving for substantially the same relief or opposing a motion seeking substantially the same relief against them, they must make every effort to coordinate the timing of the filing of their motions, and to coordinate and

Counsel must meet and confer with opposing party before filing any ex parte motion.

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

Only motions limited to evidentiary issues are proper in limine motions; specified motion types are excluded.

Motions in limine are those limited in scope to evidentiary issues. Daubert motions, motions for judgment on the pleadings, summary judgment, leave to amend, or to bifurcate are not proper in limine motions.

Counsel must meet and confer before filing motions in limine to resolve issues without court intervention.

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.

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

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

Required

Always

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

No replies shall be filed unless directed by the Court.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

Required

Always

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

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.

Motions in limine due 2 weeks before hearing, opposition due 1 week before hearing unless otherwise ordered.

Motions in limine are due two (2) weeks before the hearing, with any opposition due one (1) week before the hearing, unless otherwise ordered by the Court.

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

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.

Required

Always

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

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).

No discovery motion may be filed unless the Court has first held a pre-motion conference or granted leave, and noncompliant discovery motions may be stricken.

No discovery motion may be filed until the Court has conducted a pre-motion conference, unless the movant has obtained leave of Court. The Court may strike any discovery motion that is filed without complying with this process.

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

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.

Required

Always

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

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

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

Required

Always

Lead counsel must promptly meet and confer in person or videoconference before bringing any matter to court; written-only meet and confer is prohibited.

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.

Deposition disputes require immediate meet and confer; unresolved disputes may be brought to chambers for ruling, with follow-up required if judge is unavailable.

If a dispute arises during a deposition, the parties must suspend the deposition and immediately meet and confer. If the dispute is not resolved after meeting and conferring, the parties may call chambers for an immediate ruling on the dispute. If Judge Cabrera is available, he will either rule on the dispute or give instructions on how to proceed. If Judge Cabrera is not available, the parties must mark the deposition at the point of the dispute and continue with the deposition. Upon completion of the deposition, the parties must once again meet and confer and, if the dispute is still not resolved, follow the procedures set out in sections C and D below.

Discovery motions may not be filed until pre-motion conference is held, unless leave of court is obtained.

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

Required

Always

Lead counsel must comply with Civil Local Rule 26.1.a (meet and confer) before bringing any matter to the Court.

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 comply with Civil Local Rule 26.1.a.

Deposition disputes require immediate meet and confer; unresolved disputes may be called in to chambers for ruling.

If a dispute arises during a deposition, the parties must suspend the deposition and immediately meet and confer. If the dispute is not resolved after meeting and conferring, the parties may call chambers for an immediate ruling on the dispute.

After meet and confer exhaustion, movant must email chambers to request pre-motion conference, including required content and copying all counsel.

After meet and confer attempts in compliance with Civil Local Rule 26.1.a have been exhausted, the movant must e-mail chambers at efile cabral@casd.uscourts.gov seeking a pre-motion conference to discuss the discovery dispute. The email must include: (1) at least three proposed dates and times mutually agreed upon by the parties for the conference; (2) a brief neutral statement of the dispute; and (3) one sentence describing (not arguing) each party’s position. The movant must copy all counsel on the email.

Meet and confer required before discovery dispute can be addressed.

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

Required

Always

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

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.

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.”

Required

Always

Mandatory meet and confer required before bringing any matter to court

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.

Required

Always

Strict compliance required with meet and confer requirement

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

Required

Always

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

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.

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.

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.

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.

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

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.

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).

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.

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.

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.

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.

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

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.

Required

Always

Rule 26(f) conference timing requirements.

Timing of the Rule 26(f) Conference

Required

Always

Rule 26(f) conference is mandatory unless excluded.

Mandatory Unless Excluded by the Rule or Court Order.

Required

Always

Participation requirements for Rule 26(f) conference.

Who Must Participate.

Required

Always

Format requirements for Rule 26(f) conference.

Format of the Conference.

Required

Always

Discussion requirements for Rule 26(f) conference.

What Must Be Discussed.

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

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

Required

Always

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

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.

Required

Always

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

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)

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)

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.

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

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

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

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.

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

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 after in-person meet-and-confer with declaration of efforts

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.

Required

Always

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

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.

Required

Always

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

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.

Required

Always

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

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.

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.

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.

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.

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.

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.

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

Required

Always

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

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.

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.

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.

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

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.

Failure to meet and confer in good faith for motions in limine results in an order to show cause regarding sanctions.

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.

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

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.

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.

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.

Required

Always

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

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.

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.

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.

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.

Required

Always

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

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

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

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.

Daubert motions are not appropriate as in limine motions

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

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

Required

Always

Failure to oppose motion is deemed consent to granting.

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.

Briefing schedules follow Local Rules unless Court sets specific schedule.

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.

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.

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.

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

Telephonic argument permitted with advance arrangements.

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

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

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.

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

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.

Exception for binding intervening law changes without argument.

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.

TROs may be heard ex parte only in extraordinary circumstances.

While temporary restraining orders may be heard ex parte, the Court will do so only in extraordinary circumstances.

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

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.

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.

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.

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.

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.

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

Required

Always

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

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.

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.

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

Discovery disputes unresolved in conference will receive briefing schedule.

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.

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.

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

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.

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.

Court may grant bail modification without hearing.

The Court may grant the requested modification without a hearing.

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

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.

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.

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

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

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.

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.

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.

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.

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.

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.

Required

Always

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

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

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

Ex parte motions decided without hearing

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.

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.

Required

Always

Court may order oral argument with 3-day notice.

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.