CA-ND — Summary Judgment
N.D. Cal. — Civil L.R.
Civil L.R. 56-1 through 56-3 govern summary judgment motions in N.D. Cal. The rules are notably streamlined compared to other districts: no separate statement of undisputed facts is required by default.
Noticing the Motion (Civil L.R. 56-1)
"Motions for summary judgment or summary adjudication and opposition to such motions must be noticed as provided in Civil L.R. 7-2 and 7-3." This means the standard 35-day notice period, 14-day opposition deadline, and 7-day reply deadline all apply. Page limits are also the standard 25/25/15 pages (motion/opposition/reply).
No Separate Statement of Undisputed Facts by Default (Civil L.R. 56-2(a))
"Unless required by the assigned Judge, no separate statement of undisputed facts or joint statement of undisputed facts shall be submitted." This is the reverse of C.D. Cal. practice, which mandates a separate statement. In N.D. Cal., the facts are argued within the brief itself unless the judge's standing order requires otherwise.
Joint Statement If Ordered (Civil L.R. 56-2(b))
"If the assigned Judge orders the submission of a joint statement of undisputed facts, the parties shall confer and submit, on or before a date set by the assigned Judge, a joint statement of undisputed facts. If the nonmoving party refuses to join in the statement, the moving party will nevertheless be permitted to file the motion, accompanied by a separate declaration of counsel explaining why a joint statement was not filed. Whether or not sanctions should be imposed for failure to file a joint statement of undisputed facts is a matter within the discretion of the assigned Judge."
Denied Motion Does Not Establish Facts at Trial (Civil L.R. 56-3)
"Statements contained in an order of the Court denying a motion for summary judgment or summary adjudication shall not constitute issues deemed established for purposes of the trial of the case, unless the Court so specifies." A failed summary judgment motion does not become a concession of the underlying facts.
Practice Note
Many N.D. Cal. judges do require separate or joint statements of undisputed facts by standing order. Check the assigned judge's standing order before filing any summary judgment motion — requirements vary significantly across the bench.