Southern District of California Pre-Motion Conference Requirements

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Civil cases

Before filing a sealing motion, the parties must meet and confer to agree on 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 Civil Chambers Rule 5 (Meet-and- Confer Requirement).

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Civil cases

The required meet-and-confer must occur in person or by videoconference, not by telephone, email, or written correspondence unless the Court grants leave.

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.

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Criminal cases

If the parties cannot agree after meet-and-confer about using an exhibit in opening statement, all sides must seek court resolution through 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.

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Before filing a sealing motion, the parties must meet and confer to agree on 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 Civil Chambers Rule 5 (Meet-and- Confer Requirement).

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The required meet-and-confer must occur in person or by videoconference.

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

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Civil cases

Before filing an ex parte motion, counsel must contact the opposing party and meet and confer about its subject.

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

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Civil cases

All motions for temporary restraining orders must be briefed.

All motions for temporary restraining orders must be briefed.

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Before contacting the Court about a discovery dispute, parties must meet and confer; if unsuccessful, the movant must email chambers for a conference with three mutually agreed proposed times, a neutral dispute statement, each party’s position, and opposing counsel copied.

The parties must meet and confer in an attempt to resolve any discovery disputes before contacting the Court. After meet and confer attempts have failed, the movant must e-mail chambers at efile_goddard@casd.uscourts.gov seeking a conference (either by telephone or videoconference) 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; and (3) one sentence describing (not arguing) each parties’ position. The movant must copy opposing counsel on the email.

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

The meet-and-confer requirement does not apply to TRO applications, joint motions, ex parte applications, motions involving a non-attorney pro se plaintiff, or motions made during or after trial.

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.

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

If nonmoving counsel refuses to meet and confer, the Court may order payment of reasonable expenses, including attorney fees.

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.

Checked and corrected to match the court's document on Oct 4, 2026WARNING

The meet-and-confer requirement does not apply to TRO applications, joint motions, ex parte applications, motions involving a non-attorney pro se plaintiff, or motions made during or after trial.

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.

Checked and corrected to match the court's document on Oct 4, 2026WARNING

The Court may order reasonable expenses, including attorney fees, if nonmoving-party counsel refuses to meet and confer.

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.

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Civil cases

The Court will set a hearing and opposition-brief dates only if warranted after its initial merits review.

The Court will set dates for a hearing and filing of opposition briefs if the Court finds they are warranted following an initial review of the merits of the motion;

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

An unopposed ex parte motion may be granted on the ground that it is unopposed.

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

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Civil cases

The Court may hear temporary restraining orders ex parte only in extraordinary circumstances.

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

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Criminal cases

Motions to shorten time are disfavored because they impede the opposing party’s response and the Court’s review and hearing preparation.

Motions to shorten time are disfavored due to the difficulty that untimely filing creates for the opposing party to prepare and file a response, and for the Court to review the parties’ submissions and prepare for hearing.

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Criminal cases

Reply briefs for motions in limine are generally not permitted, but a party may seek leave to file a necessary reply.

The Court generally does not permit reply briefs for motions in limine. A party may seek leave from the Court to file any necessary reply brief.

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The discovery-dispute process does not apply when a party is in custody and proceeding pro se; counsel may call chambers to obtain a hearing date on a noticed discovery motion.

This process does not apply where a party is in custody and is proceeding pro se. In that case, counsel may contact chambers by telephone to obtain a hearing date on a noticed discovery motion.

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Civil cases

Ex parte papers are decided without a hearing unless the Court requires one, in which case the parties will be contacted to schedule it.

After receipt, moving and opposing ex parte papers will be reviewed and a decision will be made without a hearing. If the Court requires a hearing, the parties will be contacted to set a date and time.

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After a Notice of Settlement is filed, the Court schedules a telephonic Settlement Disposition Conference and removes it from the calendar once the case is dismissed.

Once a Notice of Settlement is filed, the Court will schedule a telephonic Settlement Disposition Conference, which will be taken off calendar once the case has been dismissed.

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Civil cases

With district judge approval, the parties may consent to magistrate judge jurisdiction to approve the entire settlement or compromise.

The parties may, with district judge approval consent to magistrate judge jurisdiction under 28 U.S.C. § 636(c) for entry of an order approving the entire settlement or compromise.

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Civil cases

The parties may consent to magistrate judge jurisdiction to approve the entire settlement under 28 U.S.C. § 636(c).

The parties may also consent to magistrate judge jurisdiction to approve the entire settlement under 28 U.S.C. § 636(c).

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Criminal cases

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.

Summary: 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.

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Criminal cases

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

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

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Criminal cases

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.

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

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Criminal cases

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.

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

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Civil cases

Before contacting the Court regarding a discovery dispute, counsel must thoroughly meet and confer regarding all disputed issues pursuant to Civil Local Rule 26.1.a. The parties must meet and confer in person, by videoconference, or by telephone, and may not satisfy the meet and confer requirement by exchanging e-mails or other written correspondence.

Summary: Counsel must thoroughly meet and confer in person, by videoconference, or by telephone under Civil Local Rule 26.1.a before contacting the Court about a discovery dispute; e-mail or written correspondence does not satisfy the requirement.

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Civil cases

discovery conference, unless the movant has obtained leave of Court. The Court will strike any discovery motion that does not comply with this process.

Summary: Discovery motions require a prior discovery conference unless the movant obtains leave of Court, and the Court will strike any non-compliant discovery motion.

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Civil cases

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.

Summary: 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.

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Civil cases

If the parties cannot resolve their discovery dispute during the discovery conference with Judge Rodriguez, they will be given a deadline to file a Joint Discovery Motion.

Summary: Discovery disputes unresolved at the discovery conference with Judge Rodriguez proceed to a court-set deadline for filing a Joint Discovery Motion.

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Civil cases

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

Summary: Before filing a motion, counsel generally must meet and confer to resolve disputed issues.

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Civil cases

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

Summary: The Court will deny a motion if the moving party fails to comply with the meet-and-confer rule.

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Civil cases

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.

Summary: Parties must discuss proposed trial transcript or exhibit redactions and excerpts during meet and confer; unresolved disputes must be submitted for resolution by motion in limine.

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Civil cases

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.

Summary: If the parties cannot agree after meeting and conferring about using an exhibit in opening statement, all sides must seek court resolution by motion in limine.

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Criminal cases

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).

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

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Criminal cases

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.

Summary: 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.

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Criminal cases

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).

Summary: Before filing a sealing motion, the parties must meet and confer to agree on the narrowest possible sealing order.

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Criminal cases

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.

Summary: Before filing the listed pretrial and trial documents, counsel must meet and confer to resolve disputed issues.

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Criminal cases

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

Summary: The required meet-and-confer must take place in person or by videoconference.

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Criminal cases

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

Summary: Telephone, email, and written correspondence do not satisfy the meet-and-confer requirement unless the court grants leave.

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Criminal cases

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.

Summary: Discuss proposed transcript or exhibit redactions and excerpts during meet-and-confer; if the parties cannot agree, all sides must seek resolution by motion in limine.

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

Summary: Before filing a motion, counsel generally must meet and confer to resolve the disputed issues.

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

Summary: Telephone, email, or written correspondence cannot satisfy the meet-and-confer requirement unless the Court grants leave.

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

Summary: The Court will deny a motion if the moving party fails to comply with the meet-and-confer rule.

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Civil cases

Required

Always ?

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

Summary: Meet-and-confer required before filing most motions.

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Civil cases

Required

Always ?

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

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

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Civil cases

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).

Summary: Meet-and-confer required before filing sealing motions.

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Civil cases

Required

Always ?

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

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

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Civil cases

Required

Always ?

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.

Summary: Exceptions to meet-and-confer requirement listed.

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Civil cases

Required

Always ?

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

Summary: Certification of meet-and-confer required with motion.

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Civil cases

Required

Always ?

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).

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

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Civil cases

Required

Always ?

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

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

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Civil cases

Required

Always ?

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.

Summary: Nonmoving party refusal may result in attorney fee sanctions.

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

Required

Always ?

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

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

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Criminal cases

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.

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

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Criminal cases

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.

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

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Civil cases

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

Summary: Meet and confer required before filing ex parte motions.

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Civil cases

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

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

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Civil cases

Prior to filing motions in limine, counsel must meet and confer and discuss their intended motions in attempt to resolve issues without court intervention, as appropriate.

Summary: Before filing motions in limine, counsel must meet and confer about the intended motions and attempt to resolve issues without court intervention, as appropriate.

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Criminal cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Criminal cases

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.

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

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Criminal cases

Required

Always ?

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

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

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Civil cases

Required

Always ?

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

Summary: Separate Statements of Fact require leave of court.

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Civil cases

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

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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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.

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

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Required

Always ?

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.

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

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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.

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

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

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

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Civil cases

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

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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

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

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Civil cases

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.

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

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

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

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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.

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

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All motions for temporary restraining orders must be briefed.

Summary: All temporary restraining order motions must be briefed.

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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.

Summary: 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.

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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

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

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

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

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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.

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

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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.

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

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Criminal cases

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

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

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Criminal cases

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.

Summary: Meet and confer required before filing motions in limine.

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Civil cases

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].”

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

No replies shall be filed unless directed by the Court.

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

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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.

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

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

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

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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].'

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

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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.

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

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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.

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

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

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

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Civil cases

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.

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

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Civil cases

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

Summary: Meet and confer required before filing motions to amend pleadings.

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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

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

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Civil cases

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.

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

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Civil cases

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

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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

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

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Criminal cases

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.

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

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Civil cases

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.

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

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Civil cases

Required

Always ?

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.

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

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Civil cases

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.

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

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No discovery motion may be filed until the Court has conducted its 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.

Summary: A discovery motion may not be filed before the Court conducts a pre-motion conference unless the movant obtains leave; a noncompliant motion may be stricken.

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Civil cases

Required

Always ?

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).

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

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Required

Always ?

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.

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

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

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

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Required

Always ?

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.

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

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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.

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

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

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

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Required

Always ?

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.

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

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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.

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

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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.

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

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Civil cases

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

Summary: Meet and confer required before discovery dispute can be addressed.

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Civil cases

Required

Always ?

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).

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

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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.”

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

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Civil cases

Required

Always ?

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.

Summary: Mandatory meet and confer required before bringing any matter to court

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Civil cases

Required

Always ?

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

Summary: Strict compliance required with meet and confer requirement

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Civil cases

Required

Always ?

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].'

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

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Civil cases

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

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

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Civil cases

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.

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

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Civil cases

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.

Summary: Discovery motions require advance Court permission and expedited briefing.

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Criminal cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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

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

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Civil cases

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.

Summary: 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.

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Civil cases

All settlements and compromises must be reviewed by a magistrate judge before any order of approval will issue.

Summary: A magistrate judge must review every settlement or compromise involving a minor or incompetent before an approval order issues.

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Civil cases

Required

Always ?

Timing of the Rule 26(f) Conference

Summary: Rule 26(f) conference timing requirements.

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Civil cases

Required

Always ?

Mandatory Unless Excluded by the Rule or Court Order.

Summary: Rule 26(f) conference is mandatory unless excluded.

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Civil cases

Required

Always ?

Who Must Participate.

Summary: Participation requirements for Rule 26(f) conference.

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Civil cases

Required

Always ?

Format of the Conference.

Summary: Format requirements for Rule 26(f) conference.

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Civil cases

Required

Always ?

What Must Be Discussed.

Summary: Discussion requirements for Rule 26(f) conference.

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Civil cases

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

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

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Civil cases

Required

Always ?

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.

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

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Civil cases

Required

Always ?

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.

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

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Civil 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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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

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

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Civil cases

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.

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

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Criminal cases

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.

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

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Criminal cases

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.

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

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Civil cases

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.

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

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Civil cases

Required

Always ?

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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

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

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Civil cases

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.

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

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Civil cases

Required

Always ?

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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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.

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

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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.

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

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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.

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

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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.

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

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Civil cases

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.

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

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Civil cases

Required

Always ?

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.

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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.

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

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Civil cases

Required

Always ?

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

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

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Civil cases

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.

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

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Civil cases

Daubert motions are not appropriate as in limine motions

Summary: Daubert motions should not be filed as in limine motions.

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Civil cases

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

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

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Civil cases

Required

Always ?

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.

Summary: Failure to oppose motion is deemed consent to granting.

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Civil cases

In appropriate cases, the Court may issue a limited restraining order to preserve evidence pending further briefing.

Summary: In appropriate cases, the Court may issue a limited restraining order to preserve evidence while further briefing is pending.

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Criminal cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

Summary: Exception for binding intervening law changes without argument.

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Civil cases

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.

Summary: Briefing schedules follow Local Rules unless Court sets specific schedule.

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Civil cases

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.

Summary: 5-day notice if oral argument is canceled.

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Civil cases

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

Summary: Oral arguments held Fridays at 1:30 PM.

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Civil cases

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

Summary: Telephonic argument permitted with advance arrangements.

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Civil cases

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.

Summary: Motion hearings scheduled 30-60 days after filing.

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Civil cases

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.

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

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Civil cases

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.

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

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

Summary: TROs may be heard ex parte only in extraordinary circumstances.

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Civil cases

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.

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

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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.

Summary: Motion hearing date sets briefing schedule, not appearance requirement.

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Civil cases

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.

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

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Civil cases

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

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

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Civil cases

Required

Always ?

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.

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

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Civil cases

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

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

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Civil cases

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

Summary: CMC conducted immediately after ENE if no settlement reached.

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Civil cases

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.

Summary: Discovery disputes unresolved in conference will receive briefing schedule.

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Civil cases

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.

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

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Criminal cases

The Court may grant the requested modification without a hearing.

Summary: Court may grant bail modification without hearing.

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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

Summary: Early resolution of legal issues should be discussed.

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Civil 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.

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

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Civil cases

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.

Summary: Parties should discuss desired changes to discovery limitations.

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Civil cases

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.

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

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Civil cases

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

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

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

Required

Always ?

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 . . ..”

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

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Civil cases

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

Summary: Unopposed ex parte motions may be granted without hearing

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Civil cases

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

Summary: Ex parte motions decided without hearing

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Civil cases

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.

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

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Civil cases

Required

Always ?

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.

Summary: Court may order oral argument with 3-day notice.