Northern District of California Filing Bundling Requirements

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In the event of cross-motions for summary judgment, the parties must file a total of four briefs sequentially, rather than three pairs of simultaneous briefs. Unless the parties agree to reverse the order (which they are free to do on their own), the opening brief is filed by the plaintiff side, the opening/opposition brief is filed by the defense side, the opposition/reply is filed by the plaintiff side, and the reply is filed by the defense side.

Summary: Cross-motions for summary judgment require four sequentially filed briefs (plaintiff opening, defense opening/opposition, plaintiff opposition/reply, defense reply) rather than three pairs of simultaneous briefs, unless the parties agree to reverse the order.

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Criminal cases

Exhibit notebooks for the jury will not be permitted without prior permission from Judge Lin.

Summary: Exhibit notebooks for the jury are prohibited without prior permission from Judge Lin.

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Civil cases

Once the moving party has received the opposition, if any, that party should file both the motion and the opposition in the same filing (i.e., with the opposition attached as an exhibit) at least 14 calendar days before the final pretrial conference.

Summary: Once the moving party receives the opposition, it must file the motion and opposition together as a single filing with the opposition attached as an exhibit.

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

Summary: In ERISA cross-motions for judgment under Rule 52, the parties must file four briefs sequentially rather than three pairs of simultaneous briefs.

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

Summary: Only one summary judgment motion per party is allowed in each patent case absent leave of court, with related entities counted as one party.

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Criminal cases

Exhibit notebooks for the jury will not be permitted without prior permission from Judge Lin.

Summary: Exhibit notebooks for the jury are prohibited without prior permission from Judge Lin.

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If a party files its own motion and joins in another party's motion, both the party's own motion and the joined motion will count toward the party's page limits. Where multiple parties are represented by the same counsel, all motions filed by those parties are limited to a single brief which complies with the page limits set forth above, absent leave of court.

Summary: Joined motions count toward the filing party's page limits, and parties represented by the same counsel must file a single combined brief complying with the applicable page limits, absent leave of court.

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If a party files its own motion and joins in another party's motion, both the party's own motion and the joined motion will count toward the party's page limits. Where multiple parties are represented by the same counsel, all motions filed by those parties are limited to a single brief which complies with the page limits set forth above, absent leave of court.

Summary: Joined motions count toward the filing party's page limits, and parties represented by the same counsel must file a single combined brief complying with the applicable page limits, absent leave of court.

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

Summary: The proposed judgment must be filed separately from the proposed order granting final approval rather than bundled together.

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Civil cases

Each motion should address a single, separate topic.

Summary: Each motion in limine must address a single, separate topic rather than combining multiple topics in one motion.

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

Summary: The proposed judgment must be filed separately from the proposed order granting final approval, not bundled together.

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Civil cases

Each motion should address a single, separate topic.

Summary: Each motion in limine must address a single, separate topic rather than combining multiple topics in one motion.

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If possible, the parties should meet and confer prior to filing a motion and submit a joint appendix of evidence.

Summary: Parties are encouraged to meet and confer before filing a motion and to submit a joint appendix of evidence.

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If possible, the parties should meet and confer prior to filing a motion and submit a joint appendix of evidence.

Summary: Parties are encouraged to meet and confer before filing a motion and to submit a joint appendix of evidence.

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Civil cases

Where each party relies on the same exhibit, the later-filing party should cite to the earlier-filed exhibit and should not file a duplicate exhibit. If possible, the parties should meet and confer prior to filing a motion and submit a joint appendix of evidence.

Summary: Parties should not file duplicate exhibits (cite the earlier-filed one instead) and should, where possible, meet and confer and submit a joint appendix of evidence.

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Civil cases

Where each party relies on the same exhibit, the later-filing party should cite to the earlier-filed exhibit and should not file a duplicate exhibit. If possible, the parties should meet and confer prior to filing a motion and submit a joint appendix of evidence.

Summary: Parties should not file duplicate exhibits (cite the earlier-filed one instead) and should, where possible, meet and confer and submit a joint appendix of evidence.

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Civil cases

summary judgment motions and oppositions (including the brief, separate statement, declarations, exhibits, and other supporting documents) are required to be provided by the filing party in a 3-ring binder or binders with tabs separating documents. Submitting chambers copies of the reply documents in a binder is optional. This requirement does not apply to habeas corpus petitions or summary judgment motions in ERISA or Social Security cases.

Summary: Summary judgment motions and oppositions must be provided in 3-ring binders with tabs; reply documents optional; habeas corpus and ERISA/Social Security cases exempt.

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Civil cases

(A) The parties shall meet and confer and prepare one Joint Set of Jury Instructions provided to the Court in the logical sequence to be read to the jury AFTER the close of evidence. Authority shall be provided for all instructions.

Summary: The parties must meet and confer, prepare one joint set of jury instructions in the stated sequence, and provide authority for every instruction.

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Civil cases

(E) If the parties wish to propose additional instructions, they must be clearly identified as “supplemental” instructions. Competing supplemental instructions must be filed jointly such that the Court can readily compare and contrast the same. The parties must identify where in the sequence of previously submitted instructions the supplemental instructions should be added.

Summary: Additional instructions must be labeled supplemental; competing supplemental instructions must be filed jointly and their placement in the sequence identified.

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

the moving party should collate the motion and the opposition together, back to back, and then file each paired set as one document at least seven calendar days before the conference.

Summary: Motions in limine and oppositions must be collated back-to-back and filed as one document at least 7 calendar days before the pretrial conference.

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Civil cases

Required

Always ?

Once a hearing date is reserved, the motion(s) shall be filed within fourteen (14) days thereafter. Failure to timely file any motion will result in the expiration of the hearing reservation without further notice to the parties, and the moving party must obtain a new reservation before filing the motion(s).

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

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Civil cases

Required

Always ?

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

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

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Civil cases

Required

Always ?

The parties must also allow at least two weeks between the proposed final pretrial conference and the first day of the proposed trial.

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

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Civil cases

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

Summary: Daubert motions must be filed and heard by dispositive motion deadline.

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Civil cases

Required

Always ?

For cases where voluminous or multiple administrative motions to seal would be filed if normal procedures were followed, parties (and any non-parties with potentially sealable information) must, upon the completion of briefing, jointly file a new, combined administrative motion to seal for all requests where sealing is unopposed.

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

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Civil cases

Required

Always ?

If any requests to seal are opposed, each party or non-party making an opposed request should file a single combined administrative motion to seal covering all of their opposed requests.

Summary: Single combined motion to seal required for opposed sealing requests.

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Civil cases

Required

Always ?

For cases where voluminous or multiple administrative motions to seal would be filed if normal procedures were followed, parties (and any non-parties with potentially sealable information) must, upon the completion of briefing, jointly file a new, combined administrative motion to seal for all requests where sealing is unopposed.

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

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Civil cases

Required

Always ?

If any requests to seal are opposed, each party or non-party making an opposed request should file a single combined administrative motion to seal covering all of their opposed requests.

Summary: Single combined motion to seal required for opposed sealing requests.

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Civil cases

Required

Always ?

The parties may not specially set any matter at a time other than the regularly scheduled civil law and motions calendar without leave of the Court.

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

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Civil cases

Obtain Box.com link from courtroom deputy for uploading pretrial filings 28 Days Before Pretrial Conference

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

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Civil cases

File joint pretrial conference statement, motions in limine and oppositions to motions in limine 14 Days Before Pretrial Conference

Summary: Joint pretrial conference statement and motions in limine due 14 days before pretrial conference

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Civil cases

File joint involved individuals list, proposed verdict forms, statement of the case, exhibit list 7 Days Before Pretrial Conference

Summary: Joint involved individuals list, verdict forms, statement of case, and exhibit list due 7 days before pretrial conference

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Civil cases

Joint filing of all designations of deposition testimony 7 Days Before Trial

Summary: Joint designations of deposition testimony must be filed 7 days before trial

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Civil cases

Upload exhibits to Box.com storage 5 Days Before Trial

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

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Civil cases

Required

Always ?

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

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

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Criminal cases

Instead of requiring paper binders of courtesy copies from the parties, Judge Lin uses an electronic binder to organize pretrial filings. Counsel shall contact Judge Lin’s Courtroom Deputy 21 days prior to the final pretrial conference to request a secure Box.com link to upload documents for the electronic binder. Counsel’s email should identify the case number and the trial date. All pretrial filings shall be uploaded to that link. The uploaded documents should contain the ECF version of each attachment, with its ECF header. The name of each PDF file

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

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If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

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

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

Summary: Proposed judgments must be filed separately from proposed orders granting final approval.

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Civil cases

Digital courtesy copies of all motions in limine and oppositions must be included in the parties’ pretrial filings in the format described in Paragraph five of this Order.

Summary: Digital courtesy copies of all motions in limine and oppositions must be included in pretrial filings using the format specified in Paragraph five.

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When filing motions on ECF, each motion, supporting declaration, and attachment to a declaration (such as an exhibit) should be filed as a separate PDF. That is, a declaration must be filed separately from the motion, and each exhibit to a declaration must be filed separately from the declaration and from the other exhibits. However, when an exhibit to a declaration contains an attachment, that attachment need not be filed separately.

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

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Simultaneous briefing is not permitted for any type of motion.

Summary: Simultaneous briefing prohibited for all motions.

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In the event of cross-motions for summary judgment, the parties must file a total of four briefs sequentially, rather than three pairs of simultaneous briefs.

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

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Civil cases

In the event of cross-motions for summary judgment, the parties must file a total of four briefs sequentially, rather than three pairs of simultaneous briefs.

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

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Civil cases

Simultaneous briefing is not permitted for any type of motion.

Summary: Simultaneous briefing is prohibited for all motions.

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Civil cases

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

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

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Civil cases

Oppositions and replies relating to the Daubert motion must also be filed in the same briefs as argument on the merits of the class certification motion.

Summary: Daubert oppositions/replies must be filed in same briefs as class certification merits.

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Civil cases

Once the moving party has received the opposition, that party should collate each motion with its opposition, back-to-back, and then file the paired sets at least 14 calendar days before the final pretrial conference.

Summary: Motions in limine and oppositions must be collated back-to-back and filed as paired sets at least 14 calendar days before the final pretrial conference.

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When exhibits are included with a motion, opposition brief, or reply brief, the exhibits should be filed separately on ECF. For example, if a motion is Docket No. 30, and a declaration with 10 exhibits is Docket No. 31, Exhibit A should be filed as Docket No. 31-1, Exhibit B should be filed as Docket No. 31-2, and so on.

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

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Civil cases

The parties shall file a separate joint letter for each discovery device in dispute (i.e., if the parties have disputes regarding specific interrogatories and requests for production, they must file two letters).

Summary: Separate joint letter required for each discovery device in dispute.

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Civil cases

Absent permission from the Court, all case-dispositive motions in a case will be briefed and heard together, on the case-dispositive motion hearing cut-off date, or on an earlier available date agreed to by the parties.

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

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Civil cases

Unless otherwise ordered, the parties must meet and confer in advance of the deadline for dispositive motions to determine if they will file cross-motions for summary judgment. If so, only four briefs will be allowed: (1) an opening brief by the plaintiff side; (2) an opening/opposition brief by the defense side; (3) an opposition/reply brief by the plaintiff side; and (4) reply brief by the defense side. The parties may agree to reverse the order, and have the defense file its opening brief first, without order of the Court. Before the first brief is filed, the parties may submit a stipulation and proposed order setting a briefing schedule for the cross-motions. The fourth brief must be filed at least 14 days before the hearing date.

Summary: Cross-motions for summary judgment require meet and confer, four briefs maximum, fourth brief due 14 days before hearing.

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Once a hearing date for the motion has been set and the briefing is closed, the moving party shall compile a three ring binder to be lodged with the Court containing (1) the statement of undisputed facts, (2) the motion and any supporting memorandum of law, (3) the opposition memorandum, (4) any reply memorandum, and (5) any exhibits in support or opposition to the motion, which shall be clearly labeled. At the beginning of each binder the moving party shall include jointly prepared charts signed by all parties’ counsel formatted as shown in Attachment B to this order.

Summary: Three-ring binder with all motion papers and jointly prepared charts required after briefing.

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Once a hearing date for the motion has been set and the briefing is closed, the moving party shall compile a three ring binder to be lodged with the Court containing (1) the statement of undisputed facts, (2) the motion and any supporting memorandum of law, (3) the opposition memorandum, (4) any reply memorandum, and (5) any exhibits in support or opposition to the motion, which shall be clearly labeled. At the beginning of each binder the moving party shall include jointly prepared charts signed by all parties’ counsel formatted as shown in Attachment B to this order.

Summary: Three-ring binder with all motion papers and jointly prepared charts required after briefing.

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The parties may not file multiple joint letter briefs irrespective of the number of disputes then at-issue.

Summary: The parties may not file multiple joint letter briefs, regardless of the number of disputes at issue.

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Civil cases

The parties must meet and confer as reasonable. Counsel for the proffering party must then assemble a final packet, including objections and responses to objections, and provide it to the Court at least two calendar days before the proffer will be used.

Summary: Counsel must assemble a final deposition packet including objections and responses and provide it to the Court.

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Civil cases

The moving party should then collate each motion and opposition together and file the paired sets along with that party’s other pretrial materials on the pretrial filings due date.

Summary: Moving party must collate each motion in limine with its opposition and file the paired sets with other pretrial materials on the pretrial filings due date.

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Civil cases

The parties must jointly prepare a single set of all trial exhibits (a copy set of which must be provided as noted above) that will be the official record set to be used with the witnesses, in the jury room, and on appeal.

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

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Civil cases

Required

Always ?

The Court receives more requests than it can accommodate for magistrate judge settlement conferences. As a result, with limited exceptions, the Court generally does not refer cases for settlement with a magistrate judge unless the parties have already completed one of the other processes set forth in ADR Local Rule 3-4: Early Neutral Evaluation, Mediation, or Private ADR. Parties who complete one of these processes without reaching a settlement may request referral to a magistrate judge at that time.

Summary: Magistrate judge settlement conferences require completion of ADR processes first.

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Civil cases

If a defendant files a motion to dismiss that is dispositive of the entire case, the parties may stipulate to vacate the initial case management conference, which will be reset by the Court after the motion to dismiss hearing.

Summary: Case management conference may be vacated if dispositive motion to dismiss is filed.

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Civil cases

Exhibit notebooks for the jury will not be permitted without prior permission from the Court.

Summary: Jury exhibit notebooks are prohibited without prior Court permission.

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Civil cases

When exhibits are included with a motion, opposition brief, or reply brief, the exhibits should be filed separately on ECF.

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

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Civil cases

A joint statement should address only one issue or a few issues that are inextricably related. Multiple joint statements should be filed if there are discrete issues in dispute.

Summary: Joint discovery statements should be limited to one issue or closely related issues, and separate statements should be filed for discrete disputes.

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Civil cases

and shall be submitted to the Court collated and in a binder

Summary: Motions in limine and oppositions must be submitted to the Court collated and in a binder.

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Civil cases

If a defendant files a motion to dismiss that is dispositive of the entire case, the parties can stipulate to move the initial case management conference 21 days after the hearing on that motion. Otherwise, the initial case management conference generally will not be moved.

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

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Civil cases

Required

Always ?

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

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

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Civil cases

Required

Always ?

Where each party relies on the same exhibit, the later-filing party should cite to the earlier-filed exhibit and should not file a duplicate exhibit. If possible, the parties should meet and confer prior to filing a motion and submit a joint appendix of evidence.

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

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Civil cases

Required

Always ?

If the parties believe their case merits an exception to this rule, they should discuss their views in the initial case management statement. If they seek a referral before the initial case management conference, they may file a joint request for an early case management conference.

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

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Civil cases

When a patent case also includes patent counterclaims, the Court will generally conduct one claim construction hearing covering all patents. In that situation, the claim construction briefing schedule will follow a four-brief sequence, following the page limits outlined above concerning cross-motions for summary judgment, with the plaintiff filing the first brief.

Summary: Patent counterclaims consolidated into one claim construction hearing with four-brief sequence.

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Civil cases

Instead of requiring paper binders of courtesy copies from the parties, Judge Lin uses an electronic binder to organize pretrial filings. Counsel shall contact Judge Lin’s Courtroom Deputy 28 days prior to the final pretrial conference to request a secure Box.com link to upload documents for the electronic binder.

Summary: Electronic binder via Box.com replaces paper courtesy copies for pretrial filings.

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Civil cases

Where each party relies on the same exhibit, the later-filing party should cite to the earlier-filed exhibit and should not file a duplicate exhibit. If possible, the parties should meet and confer prior to filing a motion and submit a joint appendix of evidence.

Summary: Later-filing parties should cite to earlier exhibits and avoid duplicates; joint appendix encouraged.

Not confirmed. Read the court's wording below.INFO?

Civil cases

The parties are encouraged to resolve as many trial issues by stipulation as possible.

Summary: The parties are encouraged to resolve as many trial issues as possible by stipulation.

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Civil cases

Where each party relies on the same exhibit, the later-filing party should cite to the earlier-filed exhibit and should not file a duplicate exhibit. If possible, the parties should meet and confer prior to filing a motion and submit a joint appendix of evidence.

Summary: Later-filing parties should cite existing exhibits instead of duplicating; parties should meet and confer to submit joint evidence appendix.

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The trial date will almost always be 12–16 months after the date the original complaint was filed.

Summary: Trial dates are typically set 12-16 months after complaint filing.

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The pretrial conference will be 1 or 2 weeks before the trial. The last day for a hearing on dispositive motions will be roughly 2 to 3 months before the pretrial conference.

Summary: Pretrial conference is 1-2 weeks before trial; dispositive motions due 2-3 months before pretrial.

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the parties will be asked to submit a form indicating their consent or declination to magistrate judge jurisdiction. The Court asks that the parties file this form promptly.

Summary: Parties are asked to promptly file consent or declination forms for magistrate judge jurisdiction.

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Civil cases

The parties and deponents are authorized and encouraged to waive transcription and filing of depositions that prove to be of little or no usefulness in the litigation or to agree to defer transcription and filing until the need for using the deposition arises.

Summary: Parties may waive transcription/filing of depositions.