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Court Rules
Judge Eumi K. Lee
Judge

Judge Eumi K. Lee

Individual Rules, Standing Orders & Policies

Rules last changed:
Northern District of California

Limits & Logistics

Document Limits

Motion
25 pgs
Mid Discovery Case Management Statement
10 pgs
Motion
10 pgs
Moving Separate Statement
15 pgs
Responsive Separate Statement
5 pgs
Brief
25 pgs

Courtesy Copies

Administrative Record

  • 1 copy • Within 5 Court Days
  • 1 copy • Within 5 Court Days After Electronic Filing

Exhibits

  • 1 copy

Motion, Brief

  • 2 copies • Within 2 Court Days After Briefing Concludes

Motion, Chambers Copy

  • 1 copy

Adjournments

3Court Daysnotice
  • Continuance requests must be filed at least 3 court days before the deadline.
  • Page limit enlargement requests require 3-5 court days advance notice depending on type.
Reason for RequestNumber of Previous RequestsPrevious Requests Granted or Denied
  • Briefing schedules must allow 14 days (28 days for SJ/Daubert/class cert) between final filing and hearing unless good cause shown.
  • Zoom appearance requests must be filed and served at least 1 week before hearing.
  • Emergency relief requires reasonable effort to notify opposing party and counsel.
  • +6 more

Request must include

Reason for RequestProposed New DatesNumber of Previous RequestsPrevious Requests Granted or DeniedAffects Other Dates
48Hoursnotice
  • Demonstratives must be exchanged and submitted 48 hours before hearing (by Friday 5pm if weekend).
  • Requests for continuances or extensions requiring a court order must be filed no later than 3 court days before the deadline being extended.
  • Stipulated requests to enlarge page limits are rarely granted and must be filed at least three court days before the underlying motion.
  • Administrative motions to enlarge page limits must be filed at least five court days before the underlying motion, with any opposition due at least three court days before the underlying motion or within the Civil L.R. 7-11 time, whichever is sooner.

Communication

Email

Chambers

eklcrd@cand.uscourts.gov
SchedulingTechnical IssuesEmergencies
No status inquiries
Email

Chambers

eklpo@cand.uscourts.gov
Phone

Chambers

(408) 535-5330
Emergencies
Email

Chambers

SchedulingTechnical Issues
Cases:
Filters:

Page & Word Limits28 rules

Page LimitsMandatoryCivil cases

Deadline to Complete Initial ADR Generally 120 days after the initial case management Session conference

EKL-CivilStandingOrder-8-28-2025 · Aug 2025 · p. 4
|SectionCASE MANAGEMENT CONFERENCES
Page LimitsMandatoryCivil cases

Hearing on Summary Judgment, Four (4) weeks after the final brief is submitted

EKL-CivilStandingOrder-8-28-2025 · Aug 2025 · p. 4
|SectionCASE MANAGEMENT CONFERENCES
Page LimitsMandatoryCivil cases

Close of Expert Discovery No more than four (4) months after the close of fact discovery

EKL-CivilStandingOrder-8-28-2025 · Aug 2025 · p. 4
|SectionCASE MANAGEMENT CONFERENCES
Page LimitsMandatoryCivil cases

Trial Twelve to twenty (12-20) months after the initial case management conference

EKL-CivilStandingOrder-8-28-2025 · Aug 2025 · p. 4
|SectionCASE MANAGEMENT CONFERENCES
Page LimitsMandatoryCivil cases

Close of Fact Discovery Four to eight (4-8) months after the initial case management conference

EKL-CivilStandingOrder-8-28-2025 · Aug 2025 · p. 4
|SectionCASE MANAGEMENT CONFERENCES
Page LimitsMandatoryCivil cases

Mid-discovery case management statement (max 10 pages) required for cases with 6+ months of fact discovery.

Mid discovery case management statement
Up to 10 pages

Court's wording

Mid-Discovery Case Management Statement: In cases involving at least six (6) months of fact discovery, the Court will set a deadline for the filing of a further case management statement not to exceed ten (10) pages.

EKL-CivilStandingOrder-8-28-2025 · Aug 2025 · p. 4
|SectionCASE MANAGEMENT CONFERENCES
Page LimitsMandatoryCivil cases

Pretrial Conference At least twelve (12) weeks after the last day to hear summary judgment and Daubert motions, and at least four (4) weeks before trial begins, with a joint pretrial statement due two (2) weeks before the conference

EKL-CivilStandingOrder-8-28-2025 · Aug 2025 · p. 4
|SectionCASE MANAGEMENT CONFERENCES
Page LimitsMandatoryCivil cases

Close of Briefing on Summary No more than ten (10) weeks after the close of expert Judgment, Daubert, and Class discovery

EKL-CivilStandingOrder-8-28-2025 · Aug 2025 · p. 4
|SectionCASE MANAGEMENT CONFERENCES
Page LimitsMandatoryCivil cases

Deadline to Request Leave to Amend Pleadings (per Fed. R. Civ. P. 15) - No later than 60 days after the initial case management conference

EKL-CivilStandingOrder-8-28-2025 · Aug 2025 · p. 4
|SectionCASE MANAGEMENT CONFERENCES
Page LimitsMandatoryCivil cases

The first two briefs are limited to 25 pages; the third brief is limited to twenty (20) pages; and the fourth brief is limited to fifteen (15) pages.

Page LimitsMandatoryCivil cases

In most cases, the statement should not exceed fifteen (15) pages.

Page limit
Up to 15 pages
Page LimitsMandatoryCivil cases

Each party is limited to filing one (1) motion for summary judgment. Any party wishing to exceed this limit must request leave of court.

Page LimitsMandatoryCivil cases

In most cases, the responsive separate statement should add no more than five (5) pages to the moving separate statement.

Page LimitsMandatoryCivil cases

Other motions limited to 10/10/5 pages (motion/opposition/reply).

Motion
Up to 10 pages
Applies to
  • Sanctions motions
  • Stay motions
  • Compel arbitration motions

Exception

More pages with leave of court

Court's wording

Absent leave of court, the page limits for all other types of motions and proceedings, except for those addressed above or those as to which specific page limits are set forth in the Civil Local Rules or the Court’s Standing Orders, shall be ten (10) pages for the motion or opening brief, ten (10) pages for the opposition or response brief, and five (5) pages for the reply brief. Motions subject to these limits include motions for sanctions, motions to stay, and motions to compel arbitration.

Page LimitsMandatoryCivil cases

Major motions limited to 25/25/15 pages (motion/opposition/reply).

Motion
Up to 25 pages
Applies to
  • Rule 23 motions
  • Collective action motions
  • Anti-SLAPP motions
  • Social security motions
  • Claim construction motions

Exception

More pages with leave of court

Court's wording

Absent leave of court, the page limits for the following types of motions and proceedings shall be 25 pages for the motion or opening brief, 25 pages for the opposition or response brief, and fifteen (15) pages for the reply brief: motions brought under Federal Rules of Civil Procedure 12, 23, 50, 56, 59, or 65; motions for certification of a collective action under the Fair Labor Standards Act; motions brought under California’s anti-SLAPP statute; Social Security appeals; and claim construction briefing.

Page LimitsMandatoryCivil cases

The Court will construe no more than ten terms, grouping identical issues; parties must meet and confer if more than ten terms are at issue.

Court's wording

As an initial matter, the Court will construe only those terms designated by the parties as “most significant” pursuant to Patent Local Rule 4-3(c). Therefore, the Court will generally construe no more than ten (10) terms. If multiple terms present identical issues, they may be grouped together or a representative term may be chosen, and each group or representative term may be considered a single term for purposes of the ten-term limit. If more than ten (10) terms are at issue, the parties must meet and confer before the preparation of the joint claim construction statement to narrow the number of terms that are to be construed by the Court and shall jointly propose the ten (10) terms requiring construction.

EKL-Patent-Standing-Order-8 28 2025 · Aug 2025 · p. 1
|SectionIV. CLAIM CONSTRUCTION BRIEFING
Page LimitsMandatoryCivil cases

The opening and responsive briefs shall not exceed 25 pages; the reply brief shall not exceed fifteen (15) pages.

Brief
Up to 25 pages
Reply brief
Up to 15 pages
Page LimitsMandatory

The Court may set a deadline for the filing of a mid-discovery case management statement, not to exceed ten (10) pages, at the approximate midpoint of the fact discovery period.

Mid discovery case management statement
Up to 10 pages
EKL-CivilStandingOrder 8-31-2026 · Aug 2026 · p. 4
|SectionVI. CASE MANAGEMENT CONFERENCES
Page LimitsMandatory

The joint case management statement must not exceed ten (10) pages.

Joint case management statement
Up to 10 pages
Applies to
  • Case management statement

Court's wording

No later than fourteen (14) days before the further case management conference, the parties shall file a joint case management statement, not to exceed ten (10) pages, containing the following information:

EKL-CivilStandingOrder 8-31-2026 · Aug 2026 · p. 5
|SectionVI. CASE MANAGEMENT CONFERENCES
Page LimitsMandatory

Absent leave of court, specified motions (FRCP 12, 23, 50, 56, 59, 65; FLSA collective certification; anti-SLAPP; Social Security appeals; claim construction) are limited to 25 pages for the motion/opening brief, 25 pages for the opposition, and 15 pages for the reply brief.

Motion or opening brief
Up to 25 pages
Opposition or response brief
Up to 25 pages
Reply brief
Up to 15 pages
Applies to
  • Rule 23 motions
  • Anti-SLAPP motions
  • Claim construction motions

Exception

More pages with leave of court

Court's wording

Absent leave of court, the page limits for the following types of motions and proceedings shall be 25 pages for the motion or opening brief, 25 pages for the opposition or response brief, and fifteen (15) pages for the reply brief: motions brought under Federal Rules of Civil Procedure 12, 23, 50, 56, 59, or 65; motions for certification of a collective action under the Fair Labor Standards Act; motions brought under California's anti-SLAPP statute; Social Security appeals; and claim construction briefing.

EKL-CivilStandingOrder 8-31-2026 · Aug 2026 · p. 8
|SectionVIII. MOTIONS AND HEARINGS - B. Page Limits
Page LimitsMandatory

Absent leave of court, all other motions (e.g., sanctions, attorneys' fees, stay, compel arbitration, remand) are limited to 10 pages for the motion/opening brief, 10 pages for the opposition, and 5 pages for the reply brief.

Motion or opening brief
Up to 10 pages
Opposition or response brief
Up to 10 pages
Reply brief
Up to 5 pages
Applies to
  • Sanctions motions
  • Attorney fees motions
  • Stay motions
  • Compel arbitration motions
  • Remand motions

Exception

More pages with leave of court

Court's wording

Absent leave of court, the page limits for all other types of motions and proceedings, except for those addressed above or those for which specific page limits are set forth in the Civil Local Rules or the Court's Standing Orders, shall be ten (10) pages for the motion or opening brief, ten (10) pages for the opposition or response brief, and five (5) pages for the reply brief. Motions subject to these limits include motions for sanctions, motions for attorneys' fees, motions to stay, motions to compel arbitration, and motions to remand.

EKL-CivilStandingOrder 8-31-2026 · Aug 2026 · p. 8
|SectionVIII. MOTIONS AND HEARINGS - B. Page Limits
Page LimitsMandatory

The first two briefs are limited to 25 pages; the third brief is limited to twenty (20) pages; and the fourth brief is limited to fifteen (15) pages.

Page LimitsImportantCivil cases

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

Page LimitsImportantCivil cases

These page limits are maximums, not minimums. Counsel and parties are encouraged to be concise. Excess pages will not be considered by the Court.

Page LimitsImportant

These page limits are maximums, not minimums. Counsel and parties are encouraged to be concise. Excess pages will not be considered by the Court.

EKL-CivilStandingOrder 8-31-2026 · Aug 2026 · p. 8
|SectionVIII. MOTIONS AND HEARINGS - B. Page Limits
Page LimitsImportant

In most cases, the statement should not exceed fifteen (15) pages.

Page limit
Up to 15 pages
Applies to
  • Moving separate statement
Page LimitsImportant

In most cases, the responsive separate statement should add no more than five (5) pages to the moving separate statement.

Page LimitsNoteCivil cases

This deadline shall be set at the approximate midpoint of the fact discovery period.

EKL-CivilStandingOrder-8-28-2025 · Aug 2025 · p. 4
|SectionCASE MANAGEMENT CONFERENCES

Document Format Requirements14 rules

FormattingMandatoryCivil cases

The moving separate statement must be organized in the form of a chart as shown in Attachment A.

FormattingMandatoryCivil cases

The responsive separate statement must be organized in the form of a chart as shown in Attachment A.

FormattingMandatoryCivil cases

Chambers copies should be double-sided and should bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of the page.

FormattingMandatoryCivil cases

All exhibits shall be clearly delineated with labels along the right side.

Formatting

  • Exhibit labels right side
FormattingMandatoryCivil cases

If the filing includes exhibits over two-inches thick, the parties shall place the copies in a binder. Binders should not exceed three inches.

FormattingMandatoryCivil cases

The chambers copy should be placed in one or more binders. Each document should be tabbed with labels along the right side.

Formatting

  • Tabbed documents right side
FormattingMandatory

The moving separate statement must be organized in the form of a chart as shown in Attachment A.

FormattingMandatory

The responsive separate statement must be organized in the form of a chart as shown in Attachment A.

FormattingImportantCivil cases

Proposed notices must be written in plain language without unnecessary acronyms.

FormattingImportant

Proposed orders should be filed in PDF format on ECF and sent in Microsoft Word format to eklpo@cand.uscourts.gov.

File type
PDF
Applies to
  • Proposed order

Formatting

  • File on ECF in PDF format
EKL-CivilStandingOrder 8-31-2026 · Aug 2026 · p. 7
|SectionVII. FILINGS AND CHAMBERS COPIES
FormattingImportant

authorities or evidence shall be in the body of the brief. Excessive footnotes will be disregarded. In general, no more than five (5) footnotes per brief should be necessary.

FormattingImportant

Each proposed order should be filed in PDF format on ECF.

File type
PDF
Applies to
  • Proposed order
FormattingImportant

The Court's signature block should not appear on a standalone page.

FormattingNoteCriminal cases

Litigants may optionally indicate pronouns and honorifics in pleadings, letters, or at hearings.

Formatting

  • Optional pronoun and honorific indication in name block/signature line

Court's wording

If they so choose, litigants and lawyers may indicate their pronouns (e.g., she/her, he/him, they/their) and honorifics (e.g., Mr., Ms., Mx., Dr.) by adding the information in the name block or signature line of the pleadings, by filing a letter on the public docket, or by informing the Court at the start of a hearing.

Document Filing Requirements71 rules

Filing RequirementsMandatoryCivil cases

Joint case management statement required 14 days before any case management conference.

Court's wording

Parties must prepare a joint case management statement fourteen (14) days prior to the date of any case management or status conference. The joint case management statement shall comply with the “Standing Order for All Judges of the Northern District of California – Contents of Joint Case Management Statement” and Civil Local Rule 16-9.

EKL-CivilStandingOrder-8-28-2025 · Aug 2025 · p. 3
|SectionCASE MANAGEMENT CONFERENCES
Filing RequirementsMandatoryCivil cases

Continuance requests must specify previous extension history in the caption.

Document
Continuance request
Placement
Caption

Court's wording

The caption of any request for a continuance or extension shall indicate how many previous extensions have been requested (e.g., “First Request for Extension”). The request must state whether the Court has granted those extensions and whether the Court has stated that no further extensions will be granted.

Filing RequirementsMandatoryCivil cases

Initial case management statement must include full litigation schedule with amendment and ADR deadlines.

Document
Joint case management statement

Must include

  • Deadline to complete ADR
  • Full litigation schedule
  • Proposed last day to amend pleadings

Court's wording

In their joint case management statement for the initial case management conference, the parties must propose a full litigation schedule, including a proposed last day to amend pleadings as well as a deadline to complete ADR, regardless of whether they have received a ruling on any motion to dismiss.

EKL-CivilStandingOrder-8-28-2025 · Aug 2025 · p. 3
|SectionCASE MANAGEMENT CONFERENCES
Filing RequirementsMandatoryCivil cases

Conference requests must identify issues, explain basis, and detail meet-and-confer efforts.

Court's wording

If any party believes a conference is needed, the party shall identify the issue(s) that require the Court’s attention, explain the basis for the request, and detail the efforts that the parties have made to address or resolve the issue.

EKL-CivilStandingOrder-8-28-2025 · Aug 2025 · p. 4
|SectionCASE MANAGEMENT CONFERENCES
Filing RequirementsMandatoryCivil cases

Each motion must include a proposed order complying with applicable local rules.

Document
Motion

Must include

  • Proposed order

Court's wording

Each motion shall be accompanied by a proposed order pursuant to Civil Local Rule 7-2(c). Each proposed order shall comply with any applicable Civil Local Rule. See, e.g., Civil L.R. 6-3 (proposed orders to change time), 7-11 (proposed orders for administrative relief), 16-9 (proposed case management orders), 65-1 (proposed temporary restraining orders), 72-2 (proposed orders for relief from a non-dispositive Magistrate Judge order), 79-5 (proposed orders to seal documents).

Filing RequirementsMandatoryCivil cases

All proposed orders should be filed in PDF form on ECF. In addition, the moving party should submit a Microsoft Word chambers copy only if the proposed order relates to: (1) a sealing motion; (2) a claim construction proceeding in a patent case; or (3) a motion for a temporary restraining order or preliminary injunction. The Word version chambers copy should be sent to eklpo@cand.uscourts.gov.

Filing RequirementsMandatoryCivil cases

All citations and factual statements must be completely accurate; misrepresentations may result in sanctions.

Court's wording

All case citations and factual statements must be completely accurate. A citation to a case, statute, or other authority is counsel's representation to the Court that the authority stands for the proposition asserted and is good law. A quotation of a case or other authority is counsel's representation that the quoted language is complete and present in the authority cited. Counsel must ensure that the use of ellipses or elisions in quotes does not mislead the Court or misrepresent the substance of the holding or other authority. Counsel's representations of facts are subject to the same requirements of completeness and accuracy. Misrepresentations of law or fact, however subtle, may result in sanctions and a referral to the District's Standing Committee on Professional Conduct.

Filing RequirementsMandatoryCivil cases

Any submission containing AI-generated content must include a certification that lead trial counsel has personally verified the content’s accuracy.

Document
All documents

Must include

  • AI disclosure
Filing RequirementsMandatoryCivil cases

The fourth brief must be filed at least 28 days before the hearing date.

Filing RequirementsMandatoryCivil cases

Failure to include this certification or comply with this verification requirement will be grounds for sanctions.

Filing RequirementsMandatoryCivil cases

Separate statements must be signed with attestation that evidence fairly and accurately supports or disputes facts.

Court's wording

Each separate statement must be signed by counsel or unrepresented party who has reviewed the document and attests as follows: I attest that the evidence cited herein fairly and accurately supports or disputes the facts as asserted.

Filing RequirementsMandatoryCivil cases

Discovery disputes require in-person or videoconference meet and confer; letters/emails/calls insufficient.

Document
Discovery dispute

Must include

  • Meet and confer in person or videoconference

Court's wording

Upon the development of an impasse with respect to discovery, the parties must first meet and confer; that is, counsel for each party shall meet and confer in person or via videoconference to attempt to resolve their dispute informally. A mere exchange of letters, emails, or telephone calls does not satisfy the meet and confer requirement.

Filing RequirementsMandatoryCivil cases

Discovery in almost all cases will be referred to a magistrate judge. The parties must follow the magistrate judge’s procedures.

Document
Discovery

Must include

  • Follow magistrate procedures
Filing RequirementsMandatoryCivil cases

Parties should include only those facts that are actually cited in the briefs. Facts that are not cited in the summary judgment briefs will not be considered.

Filing RequirementsMandatoryCivil cases

Protective order filings must indicate if based on model orders and identify deviations with redlined comparison.

Document
Protective order

Must include

  • Identify deviations

Court's wording

When filing a proposed protective order, at the very beginning of their stipulation or motion, parties must indicate whether they have based their proposed order on one of the Northern District’s model orders. If they have, they must identify any deviations from the model order by submitting as an exhibit a redlined or highlighted comparison of their proposed order and the model order.

Filing RequirementsMandatoryCivil cases

The separate statements shall not include argument in support of the summary judgment motion and shall not be used to circumvent the page limits that apply to summary judgment briefing.

Filing RequirementsMandatoryCivil cases

Objections to evidence shall be contained within the objecting party’s brief and shall not be filed as a separate pleading.

Document
Brief

Must include

  • Objections to evidence
Filing RequirementsMandatoryCivil cases

If the settlement requires class members to file claims, as opposed to simply receiving checks, the motion must address why that is appropriate.

Filing RequirementsMandatoryCivil cases

The proposed notices, claims forms, and other documents associated with preliminary approval should be sent in Microsoft Word format to eklpo@cand.uscourts.gov.

Filing RequirementsMandatoryCivil cases

The motion must discuss whether notice by email and/or social media, use of online claims and opt- out forms, and a website for the settlement are appropriate, and if not, explain why not.

Filing RequirementsMandatoryCivil cases

Class settlement motions must comply with Northern District's Procedural Guidance.

Court's wording

In connection with motions for approval of class settlements, the parties shall comply with the requirements set forth in the Northern District’s Procedural Guidance for Class Action Settlements, available at https://www.cand.uscourts.gov/forms/procedural-guidance-for-class- action-settlements/. In addition, the following shall apply.

Filing RequirementsMandatoryCivil cases

Money settlement motions must discuss redistribution of unclaimed funds.

Court's wording

In a proposed settlement involving the distribution of money to a class, the motion must discuss whether unclaimed funds should be redistributed to class members who claimed their share, and if not, explain why not.

Filing RequirementsMandatoryCivil cases

Fee motion must be filed at least 35 days before objection deadline.

Court's wording

In proposing a schedule for final approval of a class settlement, the parties must ensure that the motion for attorneys’ fees is filed at least 35 days before the deadline for objecting to the settlement.

Filing RequirementsMandatoryCivil cases

Post-Distribution Accounting required within 21 days of fund distribution.

Court's wording

Within 21 days after the settlement funds have been fully distributed to class members (but before distribution to cy pres recipients), class counsel will be required to file a Post- Distribution Accounting, as described in the Northern District’s Procedural Guidance for Class Action Settlements.

Filing RequirementsMandatoryCivil cases

The proposed order granting final approval should specify what percentage class counsel believes it is appropriate to withhold.

Filing RequirementsMandatoryCivil cases

Post-Distribution Accounting must discuss class member concerns and issues.

Court's wording

In addition to the information contained in the Guidance, the Post- Distribution Accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any other issues in settlement administration since final approval, and how any concerns or issues were resolved.

Filing RequirementsMandatoryCivil cases

With the Post-Distribution Accounting, class counsel should submit a proposed order releasing the remainder of the fees.

Document
Post-distribution accounting

Should include

  • Proposed order
Filing RequirementsMandatory

All requests for the Court to take action shall be made either by stipulation and proposed order or by an appropriate motion filed pursuant to the Civil Local Rules.

EKL-CivilStandingOrder 8-31-2026 · Aug 2026 · p. 2
|SectionII. COMMUNICATION WITH THE COURT

Filing & Service rules

Electronic Filing Rules

A declaration and its exhibits should generally be filed as one docket entry, with the declaration as the Main Document and each exhibit as a separate Attachment.

A declaration, along with any exhibits, should generally be filed as one docket entry, with the declaration as the “Main Document” in ECF, and each exhibit filed separately as an “Attachment.”

Page 6 | VII. FILINGS AND CHAMBERS COPIES - B. Documents Filed on ECF

When filing documents on ECF, each motion, supporting declaration, and exhibit should be filed as a separate text-searchable PDF.

When filing documents on ECF, each motion, supporting declaration, and exhibit should be filed as a separate text-searchable PDF.

Page 6 | VII. FILINGS AND CHAMBERS COPIES - B. Documents Filed on ECF

When filing motions, declarations, and exhibits, the ECF “Description” of each document should include the name of the document.

When filing motions, declarations, and exhibits, the ECF “Description” of each document should include the name of the document.

Page 6 | VII. FILINGS AND CHAMBERS COPIES - B. Documents Filed on ECF

Where each party relies on the same exhibit, the later-filing party should cite to the earlier-filed exhibit and should not file a duplicate exhibit.

Where each party relies on the same exhibit, the later-filing party should cite to the earlier-filed exhibit and should not file a duplicate exhibit.

Page 6 | VII. FILINGS AND CHAMBERS COPIES - B. Documents Filed on ECF

Filing Timing and Cure Windows

Motions must be filed within 14 days after a hearing date is reserved, or the reservation expires without notice and a new reservation must be obtained before filing.

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

Page 3 | V. SCHEDULING

A joint case management statement must be prepared and filed 14 days before any case management or status conference.

Parties must prepare and file a joint case management statement fourteen (14) days prior to the date of any case management or status conference.

Page 3 | VI. CASE MANAGEMENT CONFERENCES

The parties must file a joint case management statement no later than fourteen (14) days before the further case management conference.

No later than fourteen (14) days before the further case management conference, the parties shall file a joint case management statement, not to exceed ten (10) pages, containing the following information:

Page 5 | VI. CASE MANAGEMENT CONFERENCES

Summary judgment, Daubert, and class certification motions must have briefing schedules allowing at least 28 days between the final filing and the hearing.

The briefing schedule for summary judgment, Daubert, and class certification motions shall allow at least 28 days between the final filing and the hearing date.

Page 9 | D. Briefing Schedules

Motion briefing schedules must generally allow at least 14 days between the final filing and the hearing, though parties may stipulate to a different schedule with Court approval.

The parties may stipulate to and request Court approval of a briefing schedule that differs from that set forth in the Civil Local Rules, noting the differences in their stipulation. Generally, the briefing schedule for any motion shall allow at least fourteen (14) days between the final filing and the hearing date.

Page 9 | D. Briefing Schedules

Demonstratives and audio-visual presentations must be exchanged with opposing counsel and submitted to the Court at least 48 hours before the hearing, or by Friday at 5:00 p.m. if the deadline falls on a weekend.

Any demonstratives or audio-visual presentations to be used at a hearing must be exchanged with opposing counsel and submitted to the Court at least 48 hours before the hearing. If this date falls on a weekend, parties are required to exchange and submit them by Friday at 5:00 p.m.

Page 10 | F. Demonstratives and Presentations

The fourth brief in cross-motion summary judgment briefing must be filed at least 28 days before the hearing.

The fourth brief must be filed at least 28 days before the hearing.

Page 11 | IX. SUMMARY JUDGMENT

The parties must file a joint status report at least 7 days before the opening summary judgment brief is filed.

At least seven (7) days before the opening brief is filed, the parties shall file a concise joint status report that identifies: (1) the claims, counterclaims, and defenses that remain to be decided; (2) the pleading in which each claim, counterclaim, or defense is asserted; and (3) each claim, counterclaim, defense, or issue for which a party will move for summary judgment.

Page 11 | IX. SUMMARY JUDGMENT

In class settlements, the motion for attorneys' fees must be filed at least 35 days before the objection deadline, or the Court will order notices re-sent.

In proposing a schedule for final approval of a class settlement, the parties must ensure that the motion for attorneys’ fees is filed at least 35 days before the deadline for objecting to the settlement. The Court will order parties to re-send notices if the motion for attorneys’ fees is filed late.

Page 13 | XI. CLASS ACTION SETTLEMENTS - C. Final Approval

Class counsel must file a Post-Distribution Accounting within 21 days after settlement funds are fully distributed to class members (before cy pres distribution).

Within 21 days after the settlement funds have been fully distributed to class members (but before distribution to cy pres recipients), class counsel will be required to file a Post- Distribution Accounting, as described in the Northern District’s Procedural Guidance for Class Action Settlements.

Page 14 | XI. CLASS ACTION SETTLEMENTS - C. Final Approval

Service and Proof of Service Rules

Parties moving for emergency relief must make every reasonable effort to notify the opposing party and its counsel at the earliest possible time, or the request will likely be denied.

A party moving for emergency relief must demonstrate that it made every reasonable effort to notify the opposing party and the opposing party's counsel, at the earliest possible time, of its intent to seek emergency relief. Failure to do so will likely result in denial of the request.

Page 2 | III. EMERGENCY APPLICATIONS

Notices of deposition must be served at least 30 days before the close of fact discovery.

Notice of depositions must be given at least 30 days prior to the close of fact discovery.

Page 5 | VI. CASE MANAGEMENT CONFERENCES - Close of Fact Discovery

Upon filing, the moving party must provide the moving separate statement to all other parties in Microsoft Word format.

Upon filing, the moving party shall provide the moving separate statement to all other parties in Microsoft Word format for ease of response.

Page 11 | IX. SUMMARY JUDGMENT

Discovery requests must be served sufficiently in advance of the close of fact discovery to allow time to move to compel and receive responses before the cut-off date.

Accordingly, all discovery requests shall be served sufficiently in advance of the close of fact discovery to allow the discovering party enough time prior to the cut-off date to challenge allegedly deficient responses via motion to compel and to receive the necessary responses if the motion is granted.

Page 5 | VI. CASE MANAGEMENT CONFERENCES - Close of Fact Discovery

Courtesy Copy Requirements

Chambers copies must be marked and submitted to Clerk's Office.

The copies shall be marked “Chambers Copy” and submitted to the Clerk’s Office, in an envelope marked with “Judge Lee,” the case number, and “Chambers Copy.”

Civil cases

For Social Security appeals, the Court requests that the Commissioner submit one chambers copy of the administrative record within five court days after electronically filing it.

For Social Security appeals, the Court requests that the Commissioner submit one chambers copy of the administrative record within five court days after electronically filing it.

Civil cases

One chambers copy required for all filings except administrative motions.

The parties are required to submit one (1) chambers copy of all filings except for administrative motions.

Civil cases

Chambers copies of sealing motions shall include only unredacted documents; chambers copies of redacted documents need not and shall not be submitted to the Court. Chambers copies of unredacted documents shall clearly indicate with yellow highlighting the portions that the party is requesting to seal.

Chambers copies of sealing motions shall include only unredacted documents; chambers copies of redacted documents need not and shall not be submitted to the Court. Chambers copies of unredacted documents shall clearly indicate with yellow highlighting the portions that the party is requesting to seal.

Civil cases

The chambers copy should be submitted to the Clerk’s Office and labeled with the case number, “Judge Lee,” and “Chambers Copy.”

The chambers copy should be submitted to the Clerk’s Office and labeled with the case number, “Judge Lee,” and “Chambers Copy.”

Civil cases

Exhibits and visual aids must be exchanged and bound copies submitted to the Court at least one week before the tutorial or hearing.

No later than one (1) week prior to the tutorial and/or claim construction hearing, counsel shall exchange copies of any exhibits and visual aids and shall submit to the Court bound copies of the exhibits and visual aids.

Civil cases

Page 4 | C. Claim Construction Hearing

The moving party must deliver two complete chambers copies of motion briefing (except administrative motions) within two court days after briefing concludes.

The moving party is required to deliver two (2) complete chambers copies of the briefing on a motion, except for administrative motions, within two (2) court days after briefing concludes.

Page 6 | VII. FILINGS AND CHAMBERS COPIES - C. Chambers Copies

Chambers copies should be double-sided and should bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of the page when possible. All exhibits shall be clearly delineated with labels along the right side. If the filing includes exhibits over two-inches thick, the parties shall place the copies in a binder. Binders should not exceed three inches. The copies shall be marked “Chambers Copy” and submitted to the Clerk’s Office in an envelope marked with “Judge Lee,” the case number, and “Chambers Copy.”

Chambers copies should be double-sided and should bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of the page when possible. All exhibits shall be clearly delineated with labels along the right side. If the filing includes exhibits over two-inches thick, the parties shall place the copies in a binder. Binders should not exceed three inches. The copies shall be marked “Chambers Copy” and submitted to the Clerk’s Office in an envelope marked with “Judge Lee,” the case number, and “Chambers Copy.”

Page 6 | VII. FILINGS AND CHAMBERS COPIES - C. Chambers Copies

Chambers copies of sealing motions must contain only unredacted documents, and chambers copies of redacted documents shall not be submitted to the Court.

Chambers copies of sealing motions shall include only unredacted documents; chambers copies of redacted documents need not and shall not be submitted to the Court.

Page 7 | VII. FILINGS AND CHAMBERS COPIES

Unless the Court specifically orders otherwise, one chambers copy of all law and motion papers shall be submitted to the Clerk’s Office. Chambers copies should be double-sided and should bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of the page. All exhibits shall be clearly delineated with labels along the right side. If the filing includes exhibits over two (2) inches thick, the parties shall place the copies in a binder. The copies shall be marked “Chambers Copy” and submitted to the Clerk’s Office in an envelope marked with the case number and “Chambers Copy.” Chambers copies shall be mailed for receipt or delivered to the Clerk’s Office within two (2) court days after the materials are filed.

Unless the Court specifically orders otherwise, one chambers copy of all law and motion papers shall be submitted to the Clerk’s Office. Chambers copies should be double-sided and should bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of the page. All exhibits shall be clearly delineated with labels along the right side. If the filing includes exhibits over two (2) inches thick, the parties shall place the copies in a binder. The copies shall be marked “Chambers Copy” and submitted to the Clerk’s Office in an envelope marked with the case number and “Chambers Copy.” Chambers copies shall be mailed for receipt or delivered to the Clerk’s Office within two (2) court days after the materials are filed.

Criminal cases

Page 2 | V. CHAMBERS COPIES

For Social Security appeals, the Court requests that the Commissioner submit one chambers copy of the administrative record within five court days after electronically filing it. The chambers copy should be placed in one or more binders. Each document should be tabbed with labels along the right side. The chambers copy should be submitted to the Clerk’s Office and labeled with the case number, “Judge Lee,” and “Chambers Copy.”

For Social Security appeals, the Court requests that the Commissioner submit one chambers copy of the administrative record within five court days after electronically filing it. The chambers copy should be placed in one or more binders. Each document should be tabbed with labels along the right side. The chambers copy should be submitted to the Clerk’s Office and labeled with the case number, “Judge Lee,” and “Chambers Copy.”

Page 6 | VII. FILINGS AND CHAMBERS COPIES - C. Chambers Copies

Sealing & Redaction Procedures

Motions to seal must include a chart with specific columns.

In addition to complying with Civil Local Rule 79-5, each motion to seal must include a chart, in the format set forth below, which includes the following columns: (1) ECF number or exhibit number of the document sought to be sealed; (2) description or name of the document sought to be sealed; (3) portion(s) of the document to seal; and (4) reason(s) why the document should be sealed, including citation to the applicable declaration.

Civil cases

Strict compliance required with Civil Local Rule 79-5 for sealed documents.

The Court requires strict compliance with Civil Local Rule 79-5.

Civil cases

Sealed documents must be highlighted to show proposed redactions.

Each document filed under seal must be highlighted to show the proposed redactions. If a party believes it is appropriate to seal an entire document, the filed document should be labeled to indicate that sealing is sought in full.

Civil cases

Strict compliance with Civil Local Rule 79-5 is required: the filing party must make a specific showing for each statement or document to be sealed, and overbroad or generic sealing requests may be denied in their entirety.

The Court requires strict compliance with Civil Local Rule 79-5. Public access to court records is a fundamental aspect of our democracy and justice system. The filing party must make a specific showing as to each statement or document to be sealed. Blanket requests that make generic reference to "competitive harm" are almost always insufficient. If a party files a request that is significantly overbroad or fails to provide a specific reason for sealing, the Court may deny the request in its entirety.

Page 7 | VII. FILINGS AND CHAMBERS COPIES

Each document filed under seal must be highlighted to show the proposed redactions. If a party believes it is appropriate to seal an entire document, the filed document should be labeled to indicate that sealing is sought in full.

Each document filed under seal must be highlighted to show the proposed redactions. If a party believes it is appropriate to seal an entire document, the filed document should be labeled to indicate that sealing is sought in full.

Page 7 | VII. FILINGS AND CHAMBERS COPIES

Sealed documents require paper and electronic courtesy copies with highlighted redactions.

For any documents submitted under seal, the parties shall provide a courtesy paper copy as required by Criminal Local Rule 56-1, and a courtesy electronic copy via flash drive. Chambers copies of sealing motions shall include only unredacted documents, with any proposed redactions highlighted.

Criminal cases

Page 2 | VI. SEALED DOCUMENTS

Parties must provide specific justification for sealing documents and narrowly tailored redactions.

party must make a specific showing explaining why each document that it seeks to seal may justifiably be sealed and why the proposed redactions are as narrowly tailored as possible.

Criminal cases

Page 3 | VI. SEALED DOCUMENTS

Filing Bundling Requirements

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

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

Civil cases

Page 3 | MOTIONS AND HEARINGS

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

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

Page 8 | VIII. MOTIONS AND HEARINGS - B. Page Limits

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

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

Civil cases

Page 3 | CASE MANAGEMENT CONFERENCES

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

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

Civil cases

Page 4 | CASE MANAGEMENT CONFERENCES

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

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

Page 6 | VII. FILINGS AND CHAMBERS COPIES - B. Documents Filed on ECF

Pre-Motion Conference Requirements

Magistrate judge settlement conferences require prior ADR process completion.

The Court generally does not refer cases for settlement with a magistrate judge unless the parties have already completed one of the other processes set forth in ADR Local Rule 3-4 (i.e., Early Neutral Evaluation, Mediation, or Private ADR).

Civil cases

Page 14 | Requests for Magistrate Judge Settlement Conferences

Motion notice must certify meet-and-confer requirement was satisfied.

In the notice of motion, counsel for the moving party must certify that this meet-and- confer requirement has been satisfied, citing specifically to this section of the Civil Standing Order. If the notice of motion does not include such a certification, the Court may strike the motion and order the moving party to re-file the motion with a certification once the meet-and- confer requirement has been met.

Civil cases

Meet and confer required at least 7 days before filing any motion.

At least seven (7) days before filing any motion, the moving party must meet and confer with the opposing party or parties in person or by videoconference. During the parties’ conference, the moving party shall disclose the bases for its anticipated motion. The purpose of this conference is to resolve or narrow disputed issues where possible to reduce motion practice.

Civil cases

Opening claim construction briefs must be filed at least 6 weeks before the hearing.

Opening briefs in support of claim construction must be filed at least six (6) weeks before the date of the claim construction hearing, and the briefing schedule set forth at Patent Local Rule 4-5 will apply.

Civil cases

Page 3 | D. Timing

Civil motions are only heard if a hearing date is reserved in advance.

Civil motions are heard by reservation only.

Page 2 | V. SCHEDULING

The moving party must meet and confer with opposing parties in person or by videoconference at least seven days before filing any motion and disclose the bases for the anticipated motion.

At least seven (7) days before filing any motion, the moving party must meet and confer with the opposing party or parties in person or by videoconference. During the conference, the moving party shall disclose the bases for its anticipated motion. The purpose of this conference is to resolve or narrow disputed issues where possible to reduce motion practice.

Page 8 | VIII. MOTIONS AND HEARINGS - A. Meet and Confer Requirement

Parties must meet and confer to determine whether they will file cross-motions for summary judgment unless otherwise ordered.

Unless otherwise ordered, the parties must meet and confer to determine if they will file cross-motions for summary judgment.

Page 11 | IX. SUMMARY JUDGMENT

Upon a discovery impasse, counsel must first meet and confer in person or via videoconference; a mere exchange of letters, emails, or telephone calls does not satisfy the requirement.

Upon the development of an impasse with respect to discovery, the parties must first meet and confer; that is, counsel for each party shall meet and confer in person or via videoconference to attempt to resolve their dispute informally. A mere exchange of letters, emails, or telephone calls does not satisfy the meet and confer requirement.

Page 12 | X. DISCOVERY

Motion briefing deadlines: 21 days for motions, 14 days for opposition, 7 days for reply.

All motions shall comply with Criminal Local Rule 47-2. Unless otherwise ordered, the parties may stipulate to any mutually agreeable briefing schedule so long as all briefing is complete at least seven (7) days in advance of the hearing date. In the absence of a stipulation, motions (except those pertaining to sentencing) shall be filed at least 21 days in advance of the hearing date. Opposition briefs shall be filed at least fourteen (14) days in advance of the hearing date. Reply briefs shall be filed at least (7) seven days in advance of the hearing date.

Criminal cases

Page 2 | IV. MOTIONS

Meet-and-confer requirement excused only for emergencies with notification.

The meet-and-confer requirement will be excused only under emergency circumstances where the moving party cannot reasonably comply. In such cases, the moving party must still certify that it has notified all other relevant parties in advance of filing its motion, and must detail the efforts made to meet and confer.

Civil cases

Live testimony at claim construction requires a court order obtained via administrative motion filed at least 14 days before the hearing.

Live testimony at claim construction is disfavored; it will be allowed only by court order upon an administrative motion explaining why the testimony would be useful. Such a motion must be filed at least fourteen (14) days before the hearing.

Civil cases

Page 4 | C. Claim Construction Hearing

Before reserving a civil motion hearing date, parties must meet and confer to identify proposed hearing dates acceptable to all relevant parties (sentence continues beyond this excerpt).

After reviewing the website, parties and counsel shall meet and confer to identify proposed hearing dates that are amenable to all relevant

Page 2 | V. SCHEDULING

The meet-and-confer requirement is excused only in emergencies where compliance is unreasonable, and even then the moving party must certify advance notice to all relevant parties and detail its meet-and-confer efforts.

The meet-and-confer requirement will be excused only under emergency circumstances where the moving party cannot reasonably comply. In such cases, the moving party must still certify that it has notified all other relevant parties in advance of filing its motion, and must detail the efforts made to meet and confer.

Page 8 | VIII. MOTIONS AND HEARINGS - A. Meet and Confer Requirement

The Court generally does not refer cases for settlement with a magistrate judge unless the parties have already completed one of the other processes set forth in ADR Local Rule 3-4 (i.e., Early Neutral Evaluation, Mediation, or Private ADR). Parties who complete one of these processes without reaching a settlement may request referral to a magistrate judge at that time. If the parties believe their case merits an exception to this rule, they should discuss their views in the initial case management statement.

The Court generally does not refer cases for settlement with a magistrate judge unless the parties have already completed one of the other processes set forth in ADR Local Rule 3-4 (i.e., Early Neutral Evaluation, Mediation, or Private ADR). Parties who complete one of these processes without reaching a settlement may request referral to a magistrate judge at that time. If the parties believe their case merits an exception to this rule, they should discuss their views in the initial case management statement.

Page 14 | XII. REQUESTS FOR MAGISTRATE JUDGE SETTLEMENT CONFERENCES

Settlement conference referral allowed after unsuccessful ADR completion.

Parties who complete one of these processes without reaching a settlement may request referral to a magistrate judge at that time.

Civil cases

Page 14 | Requests for Magistrate Judge Settlement Conferences

Adjournment & Extension Requirements

Emergency relief requires reasonable effort to notify opposing party and counsel.

A party moving for emergency relief must demonstrate that it made every reasonable effort to notify the opposing party and the opposing party's counsel, at the earliest possible time, of its intent to seek emergency relief. Failure to do so will likely result in denial of the request.

Civil cases

Page 2 | EMERGENCY APPLICATIONS

Continuance requests must be filed at least 3 court days before the deadline.

After the Court issues a scheduling order, continuances in civil cases are granted only upon a showing of good cause. See Fed. R. Civ. P. 16(b)(4). Any request for a continuance or extension of time (other than an extension that the Rules allow the parties to arrange between themselves without a court order) must be filed not later than three (3) court days prior to the deadline that the party wishes to extend.

Civil cases

Page 3 | MOTIONS AND HEARINGS

Briefing schedules must allow 14 days (28 days for SJ/Daubert/class cert) between final filing and hearing unless good cause shown.

The parties may stipulate to and request Court approval of a briefing schedule that differs from that set forth in the Civil Local Rules, noting the differences in their stipulation. Absent good cause, however, the briefing schedule for any motion shall allow at least fourteen (14) days between the final filing and the hearing date. The briefing schedule for summary judgment, Daubert, and class certification motions shall allow at least 28 days between the final filing and the hearing date.

Civil cases

Page 9 | Briefing Schedules

Zoom appearance requests must be filed and served at least 1 week before hearing.

Parties wishing to appear via Zoom shall file and serve an administrative request to appear via Zoom and a proposed order at least one (1) week prior to the scheduled hearing date. If all parties wish to appear via Zoom, the parties should file a joint administrative request or indicate that the request is unopposed.

Civil cases

Page 10 | Hearings on civil motions

Demonstratives must be exchanged and submitted 48 hours before hearing (by Friday 5pm if weekend).

Any demonstratives or audio-visual presentations to be used at a hearing must be exchanged with opposing counsel and submitted to the Court at least 48 hours before the hearing. If this date falls on a weekend, parties are required to exchange and submit them by Friday at 5:00 p.m. Parties shall email electronic copies of the demonstratives or presentations to Judge Lee's Courtroom Deputy at eklcrd@cand.uscourts.gov.

Civil cases

Page 10 | Demonstratives and Presentations

Continuance/extension requests must indicate in the caption the number of previous extensions requested and must state whether the Court granted them and whether it has said no further extensions will be granted.

The caption of any request for a continuance or extension shall indicate how many previous extensions have been requested (e.g., "First Request for Extension"). The request must state whether the Court has granted those extensions and whether the Court has stated that no further extensions will be granted.

Page 3 | V. SCHEDULING

After the scheduling order issues, continuances in civil cases are granted only upon a showing of good cause under Fed. R. Civ. P. 16(b)(4).

After the Court issues a scheduling order, continuances in civil cases are granted only upon a showing of good cause. See Fed. R. Civ. P. 16(b)(4).

Page 3 | V. SCHEDULING

Requests for continuances or extensions requiring a court order must be filed no later than 3 court days before the deadline being extended.

Any request for a continuance or extension of time that requires a court order must be filed not later than three (3) court days prior to the deadline that the party wishes to extend.

Page 3 | V. SCHEDULING

Parties and counsel must actually demonstrate good cause for continuances or extensions and may not merely stipulate that good cause exists.

Parties and counsel must demonstrate good cause; they may not simply stipulate that good cause has been shown.

Page 3 | V. SCHEDULING

Trial dates will not be continued absent a strong showing of good cause.

Trial dates will not be continued absent a strong showing of good cause.

Page 6 | VI. CASE MANAGEMENT CONFERENCES

Continuance or extension requests must include a proposed order charting all future deadlines, the proposed extensions, and the impact on the case schedule.

When any party requests a continuance or extension of time, the party must file a proposed order listing, in chart format, all future deadlines and the proposed extensions, illustrating how the requested relief would impact the case schedule.

Page 9 | C. Proposed Orders

Administrative motions to enlarge page limits must be filed at least five court days before the underlying motion, with any opposition due at least three court days before the underlying motion or within the Civil L.R. 7-11 time, whichever is sooner.

If the request is made by administrative motion rather than stipulation, the motion must be filed at least five (5) court days prior to filing the underlying motion and any opposition must be filed: (a) at least three (3) court days before the underlying motion is filed; or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.

Page 9 | VIII. MOTIONS AND HEARINGS

Stipulated requests to enlarge page limits are rarely granted and must be filed at least three court days before the underlying motion.

Requests to enlarge page limits will rarely be granted. Stipulated requests must be filed at least three (3) court days prior to filing the underlying motion.

Page 9 | VIII. MOTIONS AND HEARINGS

Continuance requests must be filed 3 court days before hearing with proposed order.

To request a continuance of a scheduled hearing, counsel must file a proposed order, preferably by stipulation, including whether time under the Speedy Trial Act should be excluded, no later than three (3) court days before the scheduled hearing.

Criminal cases

Page 1 | II. SCHEDULING

Discovery cut-off is 14 days before pretrial conference; late disclosure may be excluded unless good cause shown and disclosed within 24 hours.

Absent a contrary order from the Court, the discovery cut-off date is fourteen (14) days before the pretrial conference. Any material disclosed after that date may be excluded unless the disclosing party: (a) can show good cause for why it was not sought, obtained, and disclosed sooner; and (b) discloses it within 24 hours of receipt of the material.

Criminal cases

Page 3 | VIII. DISCOVERY CUT-OFF

Page limit enlargement requests require 3-5 court days advance notice depending on type.

Requests to enlarge page limits will rarely be granted. Stipulated requests must be filed at least three (3) court days prior to filing the underlying motion. If the request is made by administrative motion rather than stipulation, the motion must be filed at least five (5) court days prior to filing the underlying motion and any opposition must be filed: (a) at least three (3) court days before the underlying motion is filed; or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.

Civil cases

Page 9 | Requests to enlarge page limits

Parties may stipulate to move the initial case management conference to 21 days after the hearing on a case-dispositive motion to dismiss; otherwise the initial CMC generally will not be moved.

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

Page 3 | VI. CASE MANAGEMENT CONFERENCES

Chambers Communication Rules

No ex parte communication with Judge Lee or chambers staff allowed without advance authorization.

Parties and counsel shall not engage in any ex parte communication with Judge Lee or her chambers staff by telephone, facsimile, e-mail, or any other means, unless such contact has been authorized in advance. Parties and counsel may contact Judge Lee's Courtroom Deputy at eklcrd@cand.uscourts.gov with any inquiries regarding scheduling or other administrative matters. All counsel and unrepresented parties shall be included on any e-mail communications with Judge Lee's Courtroom Deputy.

Civil cases

Page 2 | COMMUNICATION WITH THE COURT

Counsel should call and email Judge Lee's Courtroom Deputy at (408) 535-5330 and eklcrd@cand.uscourts.gov to notify her if they submit an application for a temporary restraining order, a stipulation that requires a response from the Court within 24 hours, or any other emergency request.

Counsel should call and email Judge Lee's Courtroom Deputy at (408) 535-5330 and eklcrd@cand.uscourts.gov to notify her if they submit an application for a temporary restraining order, a stipulation that requires a response from the Court within 24 hours, or any other emergency request.

Civil cases

Page 2 | EMERGENCY APPLICATIONS

Judge Lee does not review letters or letter briefs seeking relief.

Judge Lee does not review or respond to letters or letter briefs providing case information or seeking relief from the Court, even if the letter is filed on the docket. All requests requiring the Court to take action shall be made either by stipulation and proposed order or by an appropriate motion filed pursuant to the Civil Local Rules.

Civil cases

Page 2 | COMMUNICATION WITH THE COURT

Civil motions require reservation and meet-and-confer for hearing dates.

Civil motions are heard by reservation only. After reviewing the website, parties and counsel shall meet and confer to identify proposed hearing dates that are amenable to all relevant

Civil cases

Page 3 | SCHEDULING

Ex parte communication with Judge Lee or her chambers staff by telephone, fax, email, or any other means is prohibited unless authorized in advance.

Parties and counsel shall not engage in any ex parte communication with Judge Lee or her chambers staff by telephone, facsimile, e-mail, or any other means, unless such contact has been authorized in advance.

Page 2 | II. COMMUNICATION WITH THE COURT

Parties must email chambers to reserve a hearing date and must indicate the number and type(s) of motions to be filed when reserving.

eklcrd@cand.uscourts.gov to reserve a hearing date. When reserving a hearing date, parties must indicate the number and type(s) of motions to be filed.

Page 3 | V. SCHEDULING

Parties must email electronic copies of demonstratives or presentations to Judge Lee's Courtroom Deputy at eklcrd@cand.uscourts.gov.

Parties shall email electronic copies of the demonstratives or presentations to Judge Lee's Courtroom Deputy at eklcrd@cand.uscourts.gov.

Page 10 | F. Demonstratives and Presentations

If a plea is being entered pursuant to a plea agreement, government counsel shall email a copy of the plea agreement to Courtroom Deputy Laura Thomson at eklcrd@cand.uscourts.gov no later than noon three (3) court days before the plea is to be entered.

If a plea is being entered pursuant to a plea agreement, government counsel shall email a copy of the plea agreement to Courtroom Deputy Laura Thomson at eklcrd@cand.uscourts.gov no later than noon three (3) court days before the plea is to be entered.

Criminal cases

Page 1 | III. CHANGE OF PLEA

Motions must be reserved by contacting chambers deputy.

Motions must be noticed for hearing in accordance with Criminal Local Rule 47-1. Criminal motions are heard by reservation only. To reserve a hearing date, parties shall contact Judge Lee’s Courtroom Deputy, Laura Thomson, at (408) 535-5330 or eklcrd@cand.uscourts.gov.

Criminal cases

Page 2 | IV. MOTIONS

Hearings are in-person; Zoom requests require meet-and-confer and are considered case-by-case.

Hearings on civil motions will be held in-person. The Court will consider requests to appear via Zoom on a case-by-case basis. Joint requests are strongly preferred, and parties are required to meet and confer regarding such requests. If a request is granted, it will generally be applicable to all parties participating in the hearing as hybrid hearings are discouraged.

Civil cases

Page 10 | Hearings on civil motions

Counsel should call and email the Courtroom Deputy to notify chambers of TRO applications, stipulations requiring a response within 24 hours, or any other emergency request.

Counsel should call and email Judge Lee's Courtroom Deputy at (408) 535-5330 and eklcrd@cand.uscourts.gov to notify her if they submit an application for a temporary restraining order, a stipulation that requires a response from the Court within 24 hours, or any other emergency request.

Page 2 | III. EMERGENCY APPLICATIONS

All counsel and unrepresented parties must be copied on any email communication with Judge Lee's Courtroom Deputy.

All counsel and unrepresented parties shall be included on any e-mail communications with Judge Lee's Courtroom Deputy.

Page 2 | II. COMMUNICATION WITH THE COURT

Judge Lee does not review or respond to letters or letter briefs seeking relief or providing case information, even if filed on the docket.

Judge Lee does not review or respond to letters or letter briefs providing case information or seeking relief from the Court, even if the letter is filed on the docket.

Page 2 | II. COMMUNICATION WITH THE COURT

In addition, the moving party should submit a Microsoft Word copy of the proposed order to eklpo@cand.uscourts.gov. ... The subject line of the email should include the case number and name, along with the title of the order. The email should not be used by litigants for substantive communications.

In addition, the moving party should submit a Microsoft Word copy of the proposed order to eklpo@cand.uscourts.gov. ... The subject line of the email should include the case number and name, along with the title of the order. The email should not be used by litigants for substantive communications.

Page 9 | C. Proposed Orders

Case management conferences are held remotely via Zoom unless otherwise ordered.

Unless the Court orders otherwise, case management conferences will be held remotely via Zoom. Parties may request an in-person hearing.

Civil cases

Page 3 | CASE MANAGEMENT CONFERENCES

Pro se parties may contact Federal Pro Se Program for limited legal services.

Parties representing themselves may wish to contact the Federal Pro Se Program, a free program that offers limited legal services to pro se litigants.

Civil cases

Page 14 | Unrepresented Parties

Parties must email the Courtroom Deputy to arrange audio-visual equipment testing before the tutorial.

Prior to the tutorial, the parties shall contact the Courtroom Deputy via email @cand.uscourts.gov to arrange to test any audio-visual equipment if needed.

Civil cases

Page 4 | A. Tutorial

Parties may email Judge Lee's Courtroom Deputy at eklcrd@cand.uscourts.gov for scheduling and other administrative inquiries.

Parties and counsel may contact Judge Lee's Courtroom Deputy at eklcrd@cand.uscourts.gov with inquiries regarding scheduling or other administrative matters.

Page 2 | II. COMMUNICATION WITH THE COURT

Junior Lawyer Participation Incentives

Less-experienced attorneys are encouraged to argue; experienced counsel may argue briefly at end.

The Court welcomes and encourages oral argument by less-experienced attorneys on any matters before the Court. More experienced counsel for the same party may still offer argument for a few minutes at the end of the hearing.

Civil cases

Page 10 | The Court welcomes and encourages oral argument

The Court welcomes and encourages oral argument by less-experienced attorneys on any matter, and more experienced counsel for the same party may still argue briefly at the end of the hearing.

The Court welcomes and encourages oral argument by less-experienced attorneys on any matters before the Court. More experienced counsel for the same party may still offer argument for a few minutes at the end of the hearing.

Page 10 | VIII. MOTIONS AND HEARINGS

About United States District Judge Eumi K. Lee

District Judge Eumi K. Lee was appointed to the Northern District of California by President Joseph R. Biden in 2024.

Judge Lee was born in Madison, Wisconsin and raised in Oak Ridge, Tennessee. She was nominated on January 27, 2023, confirmed by the Senate on March 20, 2024, and received her commission on May 7, 2024, filling a vacancy created by Senior Judge William Horsley Orrick III. She taught as a clinical professor at UC Hastings College of Law for thirteen years and served as a Superior Court Judge in Alameda County.

Education

  • Georgetown University Law Center, J.D.
  • Pomona College, B.A.

Career

  • Law Clerk to Hon. Jerome Turner, U.S. District Court for the Western District of Tennessee (1999–2000)
  • Private practice, San Francisco (2000–2001)
  • Law Clerk to Hon. Warren J. Ferguson, U.S. Court of Appeals for the Ninth Circuit (2001–2002)
  • Private practice, San Francisco (multiple periods: 2002–2005, 2006–2008, 2010–2012)
  • Clinical Professor, UC Hastings College of Law (2005–2018); co-director, Hastings Institute for Criminal Justice
  • Judge, Superior Court of California, Alameda County (2018–2024)

Courthouse: Robert F. Peckham Federal Building & United States Courthouse, 280 South 1st Street, San Jose, CA 95113 Chambers: Courtroom 7, 4th Floor Phone: (408) 535-5330

Chambers Staff

  • Courtroom Deputy/Calendar Clerk: eklcrd@cand.uscourts.gov
Common questions about Judge Eumi K. Lee's rules

Are courtesy copies required for Judge Eumi K. Lee?

Courtesy-copy rule applies for motions and chambers copys. Details: 1 copy. One chambers copy required for all filings except administrative motions.

Does Judge Eumi K. Lee require a pre-motion conference or letter before filing a motion?

Meet and confer required at least 7 days before filing any motion.

What page or word limits apply to motion before Judge Eumi K. Lee?

Judge Eumi K. Lee's rule states these limits: attorney: 25 pages. Major motions limited to 25/25/15 pages (motion/opposition/reply).

What page or word limits apply to mid discovery case management statement before Judge Eumi K. Lee?

Judge Eumi K. Lee's rule states these limits: 10 pages. Mid-discovery case management statement (max 10 pages) required for cases with 6+ months of fact discovery.

View ruleSource: page 4, section CASE MANAGEMENT CONFERENCES

What formatting rules apply to filings before Judge Eumi K. Lee?

Judge Eumi K. Lee's formatting rule includes tabbed documents right side. The chambers copy should be placed in one or more binders. Each document should be tabbed with labels along the right side.

What must be included with protective order filings before Judge Eumi K. Lee?

The rule requires identify deviations, indicate model order basis, and provide redlined comparison. Protective order filings must indicate if based on model orders and identify deviations with redlined comparison.

View ruleSource: page 12, section DISCOVERY

What must be included with post distribution accounting filings before Judge Eumi K. Lee?

Post-Distribution Accounting must discuss class member concerns and issues.

View ruleSource: page 14, section Final Approval

How may parties contact Judge Eumi K. Lee's chambers?

Judge Lee does not review letters or letter briefs seeking relief.

View ruleSource: page 2, section COMMUNICATION WITH THE COURT

How does Judge Eumi K. Lee handle sealed or redacted filings?

A motion to seal is required for covered sealed filings before Judge Eumi K. Lee. Process: file redacted on ecf, file unredacted to clerk, and file unredacted to chambers. Strict compliance required with Civil Local Rule 79-5 for sealed documents.

How do I request an adjournment or extension before Judge Eumi K. Lee?

Requests should be made at least 3 court days in advance when this rule applies before Judge Eumi K. Lee. The request must include reason for request, number of previous requests, and previous requests granted or denied. Continuance requests must be filed at least 3 court days before the deadline.

View ruleSource: page 3, section MOTIONS AND HEARINGS

Does Judge Eumi K. Lee require motion papers to be bundled?

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

View ruleSource: page 3, section MOTIONS AND HEARINGS

Is electronic filing required before Judge Eumi K. Lee?

Yes. Electronic filing is required for the covered filings. A declaration and its exhibits should generally be filed as one docket entry, with the declaration as the Main Document and each exhibit as a separate Attachment.

View ruleSource: page 6, section VII. FILINGS AND CHAMBERS COPIES - B. Documents Filed on ECF

What filing deadlines does Judge Eumi K. Lee set?

Motions must be filed within 14 days after a hearing date is reserved, or the reservation expires without notice and a new reservation must be obtained before filing.

View ruleSource: page 3, section V. SCHEDULING

What service or proof of service rules apply before Judge Eumi K. Lee?

Parties moving for emergency relief must make every reasonable effort to notify the opposing party and its counsel at the earliest possible time, or the request will likely be denied.

View ruleSource: page 2, section III. EMERGENCY APPLICATIONS

Does Judge Eumi K. Lee encourage junior lawyer participation?

Yes. Judge Eumi K. Lee's rules include a junior lawyer participation incentive. Less-experienced attorneys are encouraged to argue; experienced counsel may argue briefly at end.

View ruleSource: page 10, section The Court welcomes and encourages oral argument
Complete rules summary for Judge Eumi K. Lee

Protective order filings must indicate if based on model orders and identify deviations with redlined comparison.

Briefing on summary judgment, Daubert, and class certification closes 10 weeks after expert discovery.

Post-Distribution Accounting must discuss class member concerns and issues.

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

With the Post-Distribution Accounting, class counsel should submit a proposed order releasing the remainder of the fees.

Each party limited to one summary judgment motion; additional motions require leave of court.

Major motions limited to 25/25/15 pages (motion/opposition/reply).

Judge Lee does not review letters or letter briefs seeking relief.

No ex parte communication with Judge Lee or chambers staff allowed without advance authorization.

Continuance requests must be filed at least 3 court days before the deadline.

Counsel should call and email Judge Lee's Courtroom Deputy at (408) 535-5330 and eklcrd@cand.uscourts.gov to notify her if they submit an application for a temporary restraining order, a stipulation that requires a response from the Court within 24 hours, or any other emergency request.

Continuance requests must specify previous extension history in the caption.

Civil motions require reservation and meet-and-confer for hearing dates.

Deadline to request leave to amend pleadings is 60 days after initial case management conference.

Initial ADR session must be completed within 120 days of initial case management conference.

Joint case management statement required 14 days before any case management conference.

Initial case management statement must include full litigation schedule with amendment and ADR deadlines.

Attorney at case management conference must have full decision-making authority.

Pretrial conference is 12 weeks after summary judgment/Daubert hearing and 4 weeks before trial, with joint pretrial statement due 2 weeks prior.

Expert discovery closes no more than 4 months after fact discovery closes.

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

Fact discovery closes 4-8 months after initial case management conference.

Mid-discovery case management statement (max 10 pages) required for cases with 6+ months of fact discovery.

One chambers copy required for all filings except administrative motions.

Such requests should be made on an extremely limited basis after extensive efforts to meet and confer in person or by videoconference.

Conference requests must identify issues, explain basis, and detail meet-and-confer efforts.

Mid-discovery statement deadline set at approximate midpoint of fact discovery period.

Strict compliance required with Civil Local Rule 79-5 for sealed documents.

The chambers copy should be placed in one or more binders. Each document should be tabbed with labels along the right side.

Chambers copies of sealing motions shall include only unredacted documents; chambers copies of redacted documents need not and shall not be submitted to the Court. Chambers copies of unredacted documents shall clearly indicate with yellow highlighting the portions that the party is requesting to seal.

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