Eastern District of California Pre-Motion Conference Requirements

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Civil cases

Prior to filing a motion in a case in which the parties are represented by counsel, counsel SHALL engage in a pre-filing meet and confer to discuss thoroughly the substance of the contemplated motion and any potential resolution. Counsel should resolve minor procedural or other non-substantive matters during the meet and confer process so that briefing on motions is directed only to those substantive issues requiring resolution by the court.

Summary: Before filing any motion, represented parties' counsel must engage in a pre-filing meet and confer on the substance of the motion and potential resolution, resolving minor procedural matters so briefing addresses only substantive issues.

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Before filing a motion in a case in which the parties are represented by counsel, counsel shall engage in a prefiling meet and confer to discuss thoroughly the substance of the contemplated motion and any potential resolution.

Summary: Counsel must conduct a prefiling meet and confer on the substance of any contemplated motion and potential resolution before filing a motion in cases with represented parties.

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Before filing a discovery motion or seeking an informal telephonic discovery conference, the parties shall meet and confer in a good faith effort to resolve the dispute without court action.

Summary: Parties must meet and confer in good faith to resolve a discovery dispute without court action before filing a discovery motion or requesting an informal telephonic discovery conference.

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Parties must note that under the "meet and confer" requirements, the court requires, in addition to any written correspondence the parties may engage in (letters and/or email), that the parties speak with each other about the discovery dispute. This requirement may be accomplished in person, over the telephone or through videoconferencing.

Summary: Meet and confer on discovery disputes must include direct communication between the parties—in person, by telephone, or by videoconference—in addition to any written correspondence.

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Motions for Summary Judgment, Summary Adjudication, Judgment on the Pleadings or Partial Summary Judgment, TRO, Preliminary or Permanent Injunction: Counsel shall confer with the courtroom deputy prior to filing these types of motions (once counsel is actually ready to file the motion) in order to obtain an available hearing date. Obtaining a hearing date with the courtroom deputy does not reserve your motion date, as you are simply being provided with the next available motion date for this type of motion. Your motion will only be calendared once it has been properly filed. Additionally, counsel shall refer to Local Rule 260 and F.R.Civ.P. 56.

Summary: Before filing summary judgment, judgment on the pleadings, TRO, or injunction motions, counsel must confer with the courtroom deputy to obtain an available hearing date, though doing so does not reserve the motion date.

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All discovery matters and other duties to be performed by the Magistrate Judge pursuant to Local Rule 302 shall be noticed before the assigned Magistrate Judge, unless otherwise ordered by the Court.

Summary: Discovery matters and other Local Rule 302 magistrate judge duties must be noticed before the assigned Magistrate Judge unless otherwise ordered.

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Ex Parte Applications are not heard, but are submitted by the court unless otherwise notified. The filer is required to confer the courtroom deputy and inform the opposing party prior to the filing of the ex parte application in order to advise that such request is being made.

Summary: Ex parte applications are decided on submission without a hearing, and the filer must confer with the courtroom deputy and inform the opposing party before filing.

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Judge Guy Castillo will resolve discovery disputes outside the formal Local Rule 251 procedures pursuant to the parties' request. The parties must agree among themselves to the informal discovery process before contacting the Court. By requesting an informal discovery dispute conference, the parties are agreeing to be bound by any discovery ruling arising out of the informal proceedings.

Summary: The court will resolve discovery disputes informally outside Local Rule 251 upon the parties' request, but all parties must agree to the informal process before contacting the court and are bound by any resulting discovery ruling.

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Parties do not need to clear a motion hearing date. File your moving papers in accordance with the Local and Federal Rules; if the date conflicts with the Court's calendar, the Court will reschedule the matter by minute order. MOTION DATES ARE NOT RESERVED.

Summary: Parties need not clear or reserve motion hearing dates; the Court will reschedule by minute order if a filed motion conflicts with its calendar.

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Motions to tax costs are taken under submission by the court upon initial filing; no hearing date is set, unless otherwise ordered by the court. All briefs and responses shall be submitted in accordance with Local Rule 292 and the Federal Rules.

Summary: Motions to tax costs are taken under submission upon filing with no hearing date set, and briefs/responses must follow Local Rule 292 and the Federal Rules.

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Civil cases

Prior to filing a motion in a case in which the parties are represented by counsel, counsel shall engage in a pre-filing meet and confer to discuss thoroughly the substance of the contemplated motion and any potential resolution.

Summary: Pre-filing meet and confer required for motions in cases with represented parties.

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Civil cases

Prior to filing a motion in a case in which the parties are represented by counsel, counsel shall engage in a pre-filing meet and confer to discuss thoroughly the substance of the contemplated motion and any potential resolution. Counsel should resolve minor procedural or other non-substantive matters during the meet and confer process so that briefing on motions that proceed to hearing is directed only to those substantive issues requiring resolution by the court.

Summary: Counsel must conduct a pre-filing meet and confer on motion substance before filing any motion in cases where all parties are represented.

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Civil cases

The parties shall not file motions in limine prior to the pretrial conference.

Summary: Motions in limine are prohibited from being filed prior to the pretrial conference.

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Civil cases

Prior to filing a motion in a case in which the parties are represented by counsel, counsel shall engage in a pre-filing meet and confer to discuss thoroughly the substance of the contemplated motion and any potential resolution.

Summary: Pre-filing meet and confer required for motions in cases with represented parties.

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Civil cases

Prior to filing a motion in a case in which the parties are represented by counsel, counsel shall engage in a pre-filing meet and confer to discuss thoroughly the substance of the contemplated motion and any potential resolution. Counsel should resolve minor procedural or other non-substantive matters during the meet and confer process so that briefing on motions that proceed to hearing is directed only to those substantive issues requiring resolution by the Court.

Summary: Pre-filing meet and confer required for motions where parties are represented by counsel.

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Civil cases

At least twenty-eight (28) days before the dispositive motions filing deadline, the parties must meet and confer to determine whether they intend to file cross motions for summary judgment.

Summary: Parties must meet and confer 28 days before the dispositive motions deadline to determine if they will file cross summary judgment motions.

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Civil cases

If the parties do intend to file cross motions, the plaintiff must file the opening brief for summary judgment at least fourteen (14) days before the dispositive motions deadline. The plaintiff’s concurrently-filed notice of motion shall indicate the parties’ intention to file cross motions and shall notice a hearing date at least forty-two (42) days from the date of filing.

Summary: For cross summary judgment motions, plaintiff must file opening brief 14 days before dispositive deadline, notice of motion must indicate cross motions and set hearing 42 days after filing.

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Civil cases

These are the only four briefs that may be filed, even if the parties move for summary judgment on more than one complaint (e.g., motions on a complaint and a counterclaim). The parties must obtain permission from the Court to exceed the stated page limitations. If the parties do not comply with this procedure and schedule for filing cross motions for summary judgment, but nonetheless file cross motions, the Court will deny both motions without prejudice.

Summary: Only four briefs may be filed for cross summary judgment motions regardless of the number of complaints; non-compliance results in denial without prejudice.

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Civil cases

The parties shall not file motions in limine prior to the pretrial conference.

Summary: Motions in limine are prohibited from being filed before the pretrial conference.

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Civil cases

The parties shall not file motions in limine prior to the pretrial conference. Following the pretrial conference, the court will issue a pretrial order that will set dates for the filing of motions in limine, the submission of exhibits, and other trial-related deadlines.

Summary: Motions in limine cannot be filed before the pretrial conference.

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Civil cases

Prior to filing a motion in a case in which the parties are represented by counsel, counsel shall engage in a pre-filing meet and confer to discuss thoroughly the substance of the contemplated motion and any potential resolution. Counsel should resolve minor procedural or other non-substantive matters during the meet and confer process so that briefing on motions that proceed to hearing is directed only to those substantive issues requiring resolution by the Court. A notice of motion shall contain a certification by counsel that meet and confer efforts have been exhausted, with a brief summary of meet and confer efforts.

Summary: Pre-filing meet and confer required before motions; certification of efforts required in notice of motion.

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Civil cases

Pursuant to Local Rule 302(c), all discovery motions shall be noticed before the assigned magistrate judge, unless otherwise ordered by the Court.

Summary: Discovery motions must be noticed before assigned magistrate judge.

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Civil cases

Before filing a discovery motion or seeking an informal telephonic discovery conference, the parties shall meet and confer in a good faith effort to resolve the dispute without court action.

Summary: Parties must meet and confer in good faith before filing a discovery motion or seeking an informal discovery conference.

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Civil cases

the court requires, in addition to any written correspondence the parties may engage in (letters and/or email), that the parties speak with each other about the discovery dispute. This requirement may be accomplished in person, over the telephone or through videoconferencing.

Summary: Discovery dispute meet and confer requires spoken communication (in person, phone, or video) in addition to written correspondence.

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Civil cases

Judge Barch-Kuchta will not consider any discovery motions without prior approval in accordance with the following procedures:

Summary: Discovery motions require prior approval before filing.

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Civil cases

The letter brief is limited to three (3) pages in length and shall be filed no later than twenty-four hours before the scheduled conference. Attachments are prohibited.

Summary: Informal Discovery Dispute Letter Brief limited to 3 pages, filed 24 hours before conference, no attachments.

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Civil cases

Judge Peterson will not consider any discovery motions without prior approval obtained in accordance with the following procedures:

Summary: Discovery motions require prior approval before filing.

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Civil cases

The motion in limine hearing will generally be set two to three (3) weeks before the trial. The motion itself will usually be filed three (3) weeks before the motion hearing with opposition due two (2) weeks thereafter. Generally, the briefing schedule will not provide for reply briefing.

Summary: Motions in limine must be filed 3 weeks before hearing, opposition due 2 weeks after, hearing 2-3 weeks before trial.

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Civil cases

Ex parte applications typically are not heard but are submitted by the Court unless otherwise notified.

Summary: Ex parte applications are typically submitted to the Court without a hearing unless otherwise notified.

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This informal process is not a prerequisite to the filing of a motion under Local Rule 251. Rather, it is an alternative to a formal motion. Counsel should request this alternative discovery dispute resolution process only for disputes that in counsel’s view may be amenable to resolution on the basis of a letter brief and telephonic conference, without the need for a further record.

Summary: Informal discovery conferences are optional alternative to formal motions under Local Rule 251.