E.D. Cal. L.R. 230

(a) Motion Calendar. Each Judge or Magistrate Judge maintains an individual

motion calendar. Information as to the times and dates for each motion calendar may be

obtained from the Clerk or the courtroom deputy clerk for the assigned Judge or

Magistrate Judge.

(b) Notice, Motion, Brief and Evidence. Except as otherwise provided in

these Rules or as ordered or allowed by the Court, all motions shall be noticed on the

motion calendar of the assigned Judge or Magistrate Judge. The moving party shall file

a notice of motion, motion, accompanying briefs, affidavits, if appropriate, and copies of

all documentary evidence that the moving party intends to submit in support of the motion.

The matter shall be set for hearing on the motion calendar of the Judge or Magistrate

Judge to whom the action has been assigned or before whom the motion is to be heard

not less than thirty-five (35) days after service and filing of the motion. Motions defectively

noticed shall be filed, but not set for hearing; the Clerk shall immediately notify the moving

party of the defective notice and of the next available dates and times for proper notice,

and the moving party shall file and serve a new notice of motion setting forth a proper

time and date. See L.R. 135.

(c) Opposition and Non-Opposition. Opposition, if any, to the granting of the

motion shall be in writing and shall be filed and served no later than fourteen (14) days

after the motion was filed. A responding party who has no opposition to the granting of

the motion shall serve and file a statement to that effect, specifically designating the

motion in question. No party will be entitled to be heard in opposition to a motion at oral

arguments if opposition to the motion has not been timely filed by that party. See L.R.

135. A failure to file a timely opposition may also be construed by the Court as a non-opposition to the motion.

(d) Reply. No later than ten (10) days after the opposition was filed, the moving

party may serve and file a reply to any opposition filed by a responding party.

(e) Related or Counter-Motions. Any counter-motion or other motion that a

party may desire to make that is related to the general subject matter of the original motion

shall be served and filed in the manner and on the date prescribed for the filing of

opposition. If a counter-motion or other related motion is filed, the Court may continue

the hearing on the original and all related motions so as to give all parties reasonable

opportunity to serve and file oppositions and replies to all pending motions.

(f) Continuances. Requests for continuances of hearings on the motion

calendar, upon stipulation or otherwise, shall be made to the Judge or Magistrate Judge

on whose calendar the matter is set, at least seven (7) days before the scheduled hearing

date. All stipulations for continuance shall be submitted for approval to the Court. See

L.R. 143, 144. Unless otherwise ordered by the Court, a continuance of a hearing does

not extend the time for filing and serving an opposition to, or reply in support of, a motion.

(g) Hearing and Oral Argument. Upon the call of the motion, the Court will

hear appropriate and reasonable oral argument. Alternatively, the motion may be

submitted upon the record and briefs on file if the parties stipulate thereto, or if the Court

so orders, subject to the power of the Court to reopen the matter for further briefs or oral

arguments or both. Any party that believes that extended oral argument, more than 10

minutes per side or 20 minutes in the aggregate, will be required shall notify the courtroom

deputy clerk so that the hearing may be rescheduled if deemed appropriate by the Court.

(h) Use of Affidavits. Factual contentions involved in pretrial motions shall be

initially presented and heard upon affidavits, except that the Court may in its discretion

require or allow oral examination of witnesses. See L.R. 142.

(i) Failure to Appears. Absent notice of intent to submit the matter on the

briefs, failure to appear may be deemed withdrawal of the motion or of opposition to the

motion, in the discretion of the Court, or may result in the imposition of sanctions.

(j) Applications for Reconsideration. Whenever any motion has been

granted or denied in whole or in part, and a subsequent motion for reconsideration is

made upon the same or any alleged different set of facts, counsel shall present to the

Judge or Magistrate Judge to whom such subsequent motion is made an affidavit or brief,

as appropriate, setting forth the material facts and circumstances surrounding each

motion for which reconsideration is sought, including:

(1) when and to what Judge or Magistrate Judge the prior motion was

made;

(2) what ruling, decision, or order was made thereon;

(3) what new or different facts or circumstances are claimed to exist

which did not exist or were not shown upon such prior motion, or what other grounds exist

for the motion; and

(4) why the facts or circumstances were not shown at the time of the

prior motion.

(k) Motions Before a Magistrate Judge. Only those motions in matters

specified in L.R. 302 and 303 shall be noticed, briefed, and argued before a Magistrate

Judge. All other motions shall be noticed, briefed, and argued before a Judge.

(l) Motions in Prisoner Actions. All motions, except motions to dismiss for

lack of prosecution, filed in actions wherein one party is incarcerated and proceeding in

propria persona, shall be submitted upon the record without oral argument unless

otherwise ordered by the Court. Such motions need not be noticed on the motion

calendar. Opposition, if any, to the granting of the motion shall be served and filed by the

responding party not more than twenty-one (21) days after the date of service of the

motion. A responding party who has no opposition to the granting of the motion shall

serve and file a statement to that effect, specifically designating the motion in question.

Failure of the responding party to file an opposition or to file a statement of no opposition

may be deemed a waiver of any opposition to the granting of the motion and may result

in the imposition of sanctions. The moving party may, not more than fourteen (14) days

after the opposition has been filed in CM/ECF, serve and file a reply to the opposition. All

such motions will be deemed submitted when the time to reply has expired.

(m) Supplementary Material. After a reply is filed, no additional memoranda,

papers, or other materials may be filed without prior Court approval except:

(1) Objection to Reply Evidence. If new evidence has been submitted

with the reply brief, the opposing party may file and serve, no later than seven (7) days

after the reply is filed, an Objection to Reply Evidence stating its objections to the new

evidence. The Objection to Reply Evidence may not include further argument on the

motion.

(2) Notice of Supplemental Authority. Any party may file a notice of

supplemental authority to bring the Court’s attention to a relevant judicial opinion issued

after the date that party’s opposition or reply was filed. The notice of supplemental

authority may contain a citation to the new authority but may not contain additional

argument on the motion.