All local rules for N.D. Cal., integrated with this judge's published requirements.
Permitted only if statute, Federal Rule, local rule, or standing order authorizes; cite authority in motion Civ. L.R. 7-10 ↗
25 pages maximum (motion must be in one document not exceeding 25 pages) Civ. L.R. 7-2(b) ↗
25 pages maximum Civ. L.R. 7-4(b) ↗
15 pages maximum Civ. L.R. 7-4(b) ↗
For summary judgment motions, class certification motions, motions for approval of class settlements, and claim construction, the briefs in support of and in opposition to the motions cannot exceed 25 pages, and reply briefs cannot exceed 15 pages. For all other motions, the briefs in support of and in opposition to the motions may not exceed 15 pages, and reply briefs may not exceed 10 pages.
35 days after filing (FRCP 6(d) mail-service extension expressly excluded) Civ. L.R. 7-2(a) ↗
Judge's individual law and motion calendar; no district-wide standard hearing day Civ. L.R. 7-2(a) ↗
Counsel should not call to reserve hearing dates but should instead check Judge Lin's calendar and Scheduling Notes on the Court's website to make sure the desired date is not blocked and notice motions for any available date on the civil law and motions calendar. By default, motions to dismiss and remand will be submitted on the papers, and no hearing will be held. If a hearing is set by the parties, it will automatically be vacated.
Paper courtesy copies shall not be submitted unless the Court requests them. When a document filed on ECF is accompanied by more than 10 attachments, the filing party must also send the documents electronically to Judge Lin's chambers' Box.com storage. Immediately after the ECF filing is complete, please email Judge Lin's Courtroom Deputy at rflcrd@cand.uscourts.gov to request a secure link to upload the documents.
PDF attached to motion; Word format emailed to assigned judge's chambers address Civ. L.R. 5-1(f) ↗
Proposed orders are not necessary for most substantive motions, such as motions for summary judgment, motions to dismiss, or preliminary injunction motions. The parties should submit proposed orders only in connection with administrative motions, ex parte applications, discovery disputes, and rulings that call upon the court to make factual findings. All proposed orders should be sent in Microsoft Word compatible format to rflpo@cand.uscourts.gov.
Court may decide without oral argument or by telephone at judge's discretion Civ. L.R. 7-1(b) ↗
The Court does not generally issue tentative rulings. If the Court determines a hearing is not necessary, it will usually be vacated no later than two court days before the hearing. Often, a notice of questions will issue two to three court days before the hearing, to alert the parties of the Court's principal questions. Parties may stipulate/request to have a hearing by Zoom video, but they must do so at least one week in advance of the hearing. The Court is disinclined to hold hearings via Zoom for complex or dispositive motions, or if counsel for all parties are based locally.
Magistrate judges authorized for all non-dispositive pretrial matters including discovery Civ. L.R. 72-1 ↗
In the vast majority of cases, a magistrate judge will be assigned to preside over all discovery disputes. Once a magistrate judge is assigned, the parties should familiarize themselves with that magistrate judge's standing orders. Judge Lin sets discovery cut-off dates that are different than the default set by Civil Local Rule 37-3. The discovery cut-off set by Judge Lin is the date by which all discovery must be completed. This means that all hearings on discovery motions must occur, all orders resolving those motions must be issued, and all productions must be made by the cut-off date. Accordingly, all discovery requests shall be served and all discovery motions filed sufficiently in advance of the discovery cut-off date to allow enough time for discovery disputes to be presented to, heard by, and resolved by the Court. Any magistrate judge presiding over discovery is authorized to terminate as untimely discovery disputes that are presented to the Court too close to the cut-off date to allow sufficient time for a hearing and resolution before the cut-off date. The initial case schedule will include a date, about 60 days before the cut-off date, by which the parties must submit a joint case management statement in which they shall expressly discuss any anticipated discovery disputes. In the event that discovery is not referred to a magistrate judge, the following procedures pertain to discovery disputes before Judge Lin: If the parties cannot resolve their discovery dispute after a good faith effort in which a live conversation has occurred between counsel, they shall prepare and file a joint letter of no longer than 5 pages stating the nature and status of their dispute. Both sides must submit proposed orders as well. No exhibits may be submitted with the letter other than an excerpt of the specific discovery request or response that is the subject of the letter. The letter must be filed as soon as possible. The side seeking relief from the Court should prepare its portion of the letter first and then provide that to the opposing side so that the opposing side may prepare its response. The party seeking relief from the Court should file the letter. The Court may resolve the dispute on the papers or schedule a hearing. The joint discovery letter process does not apply to discovery disputes with third parties.