Judge André Birotte Jr.
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Hand Delivery • Upon Filing
Courtesy copies
- Not required
Adjournments
- Continuance of the scheduling conference requires good cause.
- Discovery motions must be filed early enough to obtain responses before discovery cut-off.
- Motion to compel must be discussed with opposing counsel at least 6 weeks before discovery cut-off.
Request must include
Communication
Chambers
Phone
Chambers
Letter via ECF
Chambers
Phone
Clerk
Page & Word Limits5 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
Memoranda of points and authorities in support of or in opposition to motions must not exceed 25 pages. Replies must not exceed 15 pages. Only for good cause will the Court grant an application to extend these page limits.
Summary: Memoranda in support/opposition limited to 25 pages; replies limited to 15 pages; extensions only for good cause.
Brief
25 pages
Applies to: Attorney
Reply Brief
15 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
No party may, without leave of Court, file more than one motion under Fed. R. Civ. P. 56, regardless of whether such motion is denominated a motion for...
Summary: No party may file more than one Rule 56 motion without leave of court.
Structured details unavailable. See the source text.
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Memoranda of points and authorities in support of or in opposition to motions must not exceed 25 pages. Replies must not exceed 15 pages.
Summary: Motion memoranda limited to 25 pages; replies limited to 15 pages.
Brief
25 pages
Applies to: Attorney
Reply Brief
15 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Motions in limine must be filed at least 3 weeks (21 days) before the final pretrial conference; oppositions must be filed at least 2 weeks (14 days) before the final pretrial conference; there will be no replies. Motions in limine and oppositions must not exceed 10 pages in length.
Summary: Motions in limine limited to 10 pages; no replies allowed.
10 pages
Applies to: Attorney
Opposition
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Important?
A. Statement of the Case: A short synopsis (not to exceed two pages) of the main claims, counterclaims, and affirmative defenses.
Summary: Statement of the Case section in Joint Rule 26(f) Report is limited to 2 pages.
Statement Of Case
2 pages
Document Format Requirements8 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
Counsel must use brackets to mark the relevant portions of transcripts. The Court will disregard unmarked transcripts.
Summary: Counsel must use brackets to mark relevant portions of transcripts or the Court will disregard them.
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Typeface must comply with Local Rule 11-3.1.1. Times New Roman font must be at least 14 point; Courier font must be at least 12 point. Footnotes must be used sparingly and must be in the same font and the same size as the body of the memorandum. Citations must be in the body of a memorandum, not in the footnotes.
Summary: Motion papers must use Times New Roman at least 14 point or Courier at least 12 point; footnotes must match body font/size and citations must appear in the body, not footnotes.
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Counsel must also mark the relevant portions of other documentary evidence (e.g., a lengthy contract) when the relevant portion is not obvious.
Summary: Counsel must mark the relevant portions of other documentary evidence when not obvious.
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Citations to cases must be in Bluebook format and must include pinpoint citations (citations to page numbers). Counsel may omit parallel citations. For unreported cases, the Court prefers Westlaw citations.
Summary: Case citations must use Bluebook format with pinpoint citations.
Machine summary. Not checked yet.Mandatory?
Statutes should be cited in accordance with the Bluebook. Statutory references should identify with specificity the sections and subsections referenced (e.g., “Plaintiff alleges that Defendant infringed on his trademark in violation of the Lanham Act, 15 U.S.C. § 1114(a).”) Avoid statutory citations that do not specifically indicate the appropriate section and subsection
Summary: Statutory citations must follow Bluebook and specify sections/subsections.
Machine summary. Not checked yet.Mandatory?
Typeface must comply with Local Rule 11-3.1.1. Times New Roman font must be at least 14 point; Courier font must be at least 12 point.
Summary: Times New Roman 14pt or Courier 12pt font required for motions.
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Copies of all pretrial documents must be delivered to the Court "binder-ready" (three-hole punched on the left side, without blue-backs, and stapled only in the top left corner).
Summary: Pretrial documents must be delivered binder-ready with specific formatting.
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Footnotes must be used sparingly and must be in the same font and the same size as the body of the memorandum. Citations must be in the body of a memorandum, not in the footnotes.
Summary: Footnotes must match body font/size and citations must be in body text.
Document Filing Requirements50 rules
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Notice of Supplemental Authority, Marking Evidence, Pending Dispositive Motions; Motions for Default Judgment require complete proposed Orders.
Summary: Motions for Default Judgment must include complete proposed orders.
Document Type
Motion
The quote is in the court's document. The summary is not checked yet.Mandatory?
Summary Judgment / Rule 56 Motions must comply with Local Rule 56, which was substantially revised as of June 1, 2023; clarification about cross-motions.
Summary: Summary judgment / Rule 56 motions must comply with Local Rule 56.
Document Type
Motion
The quote is in the court's document. The summary is not checked yet.Mandatory?
Complaints must include a numbered list of all causes of action on the face-page.
Document Type
Complaint
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A Notice of Motion must include a statement of compliance with Local Rule 7-3. The statement of compliance must be prominent, as the Court will not search a filing for the statement. The Court may strike or outright deny a motion that lacks a prominent statement of compliance with Local Rule 7-3, or if counsel fail to meet and confer in good faith.
Summary: A Notice of Motion must include a prominent statement of compliance with Local Rule 7-3, or the motion may be struck or denied.
Document Type
Notice Of Motion
The quote is in the court's document. The summary is not checked yet.Mandatory?
Entire deposition transcripts, entire sets of interrogatory responses, and documents that do not specifically support or controvert material in the separate statement must not be filed.
Summary: Entire deposition transcripts, entire sets of interrogatory responses, and non-supporting documents must not be filed.
Document Type
Exhibits
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Evidence must be filed either by stipulation or as exhibits to declarations sufficient to authenticate the proffered evidence, and must not be attached to the memorandum.
Summary: Evidence must be filed by stipulation or as exhibits to authenticating declarations, not attached to the memorandum.
Document Type
Evidence
The quote is in the court's document. The summary is not checked yet.Mandatory?
Applications that do not conform with Local Rules 7-19 and 7-19.1, such as by omitting a statement of opposing counsel's position, will not be considered.
Summary: Ex parte applications must conform with Local Rules 7-19 and 7-19.1, including a statement of opposing counsel's position, or they will not be considered.
Document Type
Ex Parte Application
The quote is in the court's document. The summary is not checked yet.Important?
All documents relating to discovery matters must include the words “DISCOVERY MATTER” in the caption to ensure proper routing.
Summary: Discovery-related documents must include the words “DISCOVERY MATTER” in the caption for proper routing.
Document Type
Discovery Motion
The quote is in the court's document. The summary is not checked yet.Important?
Statutes should be cited in accordance with the Bluebook. Statutory references should identify with specificity the sections and subsections referenced (e.g., “Plaintiff alleges that Defendant infringed on his trademark in violation of the Lanham Act, 15 U.S.C. § 1114(a).” Avoid statutory citations that do not specifically indicate the appropriate section and subsection (e.g., “Plaintiff alleges that Defendant infringed on his trademark in violation of the Lanham Act, 15 U.S.C. §§ 1051, et. seq.”). Citations to treatises, manuals, and other materials should include the volume, section, and pages being referenced.
Summary: Statutes must be cited per the Bluebook with specific sections/subsections; treatise and manual citations must include volume, section, and pages.
Document Type
Brief
The quote is in the court's document. The summary is not checked yet.Important?
Citations to cases must be in Bluebook format and must include pinpoint citations (citations to page numbers). Counsel may omit parallel citations. For unreported cases, the Court prefers Westlaw citations.
Summary: Case citations must be in Bluebook format with pinpoint citations; parallel citations may be omitted; Westlaw citations preferred for unreported cases.
Document Type
Brief
The quote is in the court's document. The summary is not checked yet.Important?
Do not submit blanket or boilerplate objections to an opponent's evidence. They will be disregarded.
Summary: Blanket or boilerplate objections to evidence will be disregarded.
Document Type
Objection
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The Court will accept counsel's authentication of deposition transcripts, written discovery responses, and documents received in discovery if the fact that the document was in the opponent's possession is of independent significance.
Summary: Court will accept counsel's authentication of certain discovery documents if possession is of independent significance.
Document Type
Evidence
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If a party disputes a fact based on an evidentiary objection that cannot be overcome, the ground of the objection should be stated in the Statement but not argued in that document. The ground must be argued in a separate document.
Summary: Evidentiary objection grounds must be stated in the Statement but argued in a separate document.
Document Type
Objection
The quote is in the court's document. The summary is not checked yet.Important?
Proposed protective orders pertaining to discovery must be submitted to the assigned Magistrate Judge.
Summary: Proposed discovery protective orders must be submitted to the assigned Magistrate Judge.
Document Type
Protective Order
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Absent leave of Court, the Court will not consider reply papers in support of an ex parte application.
Summary: Reply papers in support of ex parte applications are not considered absent leave of Court.
Document Type
Reply
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As with other ex parte applications, replies are not permitted without leave of Court, and do not call the CRD for status.
Summary: Replies in support of TRO applications are not permitted without leave of Court, and counsel must not call the CRD for status.
Document Type
Reply
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Counsel must include on all papers their email address, telephone number, and fax number to facilitate communication with the CRD.
Summary: All papers must include counsel's email address, telephone number, and fax number.
Document Type
All Papers
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If the Court has provided a template for any filing, the parties must follow it.
Summary: Parties must follow any court-provided template for filings.
Document Type
Any Filing With Court Template
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Your Application must be accompanied by: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of the documents proposed to be filed under seal.
Summary: Application for leave to file under seal must include a declaration, proposed order, redacted version, and unredacted version.
Document Type
Application For Leave To File Under Seal
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A Word Perfect or Microsoft Word version of the proposed order must be emailed to chambers as required by L.R. 5-4.4.2
Summary: Proposed order must be emailed to chambers in Word Perfect or Microsoft Word format.
Document Type
Proposed Order
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Electronically filing an Application for Leave to File Under Seal is a two-step process. Local Rule 79-5.2.2 requires that certain documents be filed with the Application: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of any documents proposed to be filed under seal.
Summary: Application for Leave to File Under Seal must be accompanied by a declaration, proposed order, redacted versions (if partial sealing), and unredacted versions.
Document Type
Application For Leave To File Under Seal
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Proposed order shall have an alternative signature line in case it's denied: 1. Counsel shall publically file the document(s), if the party wants the Court to consider the document(s); (Add an option below for return of documents) 2. Attorney shall retrieve the chambers copy of the document(s); or, 3. Clerk destroys the chambers copy of the document(s).
Summary: Proposed order must include alternative signature line with instructions for denied sealing request.
Document Type
Proposed Order
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Sealing must be justified for each individual item to be sealed or redacted; blanket claims of confidentiality are not allowed and will result in a denial of the application to seal. Counsel is strongly encouraged to consider carefully whether sealing or redaction is required for a given piece of evidence or argument. The inclusion of clearly meritless requests to seal or redact documents may result in the complete rejection of an application to seal.
Summary: Sealing must be justified individually; blanket claims are not allowed and may result in denial; meritless requests may lead to complete rejection.
Document Type
Application To Seal
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There is a strong presumption of access in civil cases. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). For each document or other type of information sought to be filed under seal, the party seeking protection must identify and discuss the factual or legal justification for the Court to find "good cause" or "compelling reasons," as appropriate, that such document or type of information should be protected. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1179-80 (9th Cir. 2006).
Summary: Party seeking sealing must provide factual or legal justification for good cause or compelling reasons for each document.
Document Type
Application To Seal
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The parties must also indicate their preferred ADR Procedure.
Summary: Joint Rule 26(f) Report must indicate the parties' preferred ADR procedure.
Document Type
Joint Rule 26f Report
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The parties MUST include a statement of what settlement discussions have occurred to date (excluding any statement of the terms discussed).
Summary: Joint Rule 26(f) Report must include a statement of settlement discussions held to date.
Document Type
Joint Rule 26f Report
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Complete this Worksheet and include it with your Joint Rule 26(f) Report. The parties MUST file a completed Worksheet with their Joint Rule 26(f) Report.
Summary: Joint Rule 26(f) Report must include a completed Schedule of Pretrial and Trial Dates Worksheet.
Document Type
Joint Rule 26f Report
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A realistic estimate, in days, of the court time required for trial and whether trial will be by jury or by court. If the time estimate for trial given in the Joint Rule 26(f) Report exceeds four court days, counsel must be prepared to discuss in detail the basis for the estimate.
Summary: Joint Rule 26(f) Report must include a realistic trial estimate; if over 4 court days, counsel must discuss basis in detail.
Document Type
Joint Rule 26f Report
Machine summary. Not checked yet.Mandatory?
Motions for default judgment under Fed. R. Civ. P. 55(b) must be supported by evidence and must be accompanied by a full proposed Order addressing the procedural requirements of Local Rule 55-1 and the factors set forth in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). Motions omitting any of these will be denied.
Summary: Motions for default judgment must include evidence and a full proposed order addressing Local Rule 55-1 and Eitel factors.
Document Type
Motion For Default Judgment
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All motions to amend pleadings must comply with Local Rule 15-1, and must:(1) state the effect of the proposed amendment; (2) be serially numbered to differentiate the amendment from previous amendments; (3) state the page and line number(s) and wording of any proposed change or addition of material; and (4) include as an attachment a redlined version of the proposed amended pleading indicating all additions and deletions of material.
Summary: Motions to amend must comply with Local Rule 15-1 and include specific requirements.
Document Type
Motion To Amend
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Summary Judgment/Rule 56 Motions must comply with Local Rule 56, which was substantially revised on June 1, 2023.
Summary: Summary judgment motions must comply with Local Rule 56 (revised June 1, 2023).
Document Type
Summary Judgment Motion
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Local Rule 56 was substantially revised on June 1, 2023 to require as follows: A party moving under Fed. R. Civ. P. 56 must file with the motion a Statement of Uncontroverted Facts, the opposing party must file a Statement of Genuine Disputes, and the moving party must file a Response to Statement of Genuine Disputes. The parties MUST file these documents, and the documents MUST comply with the format set forth in Local Rule 56. The Court may disregard non-compliant filings.
Summary: Local Rule 56 requires Statement of Uncontroverted Facts, Statement of Genuine Disputes, and Response to Statement of Genuine Disputes for summary judgment motions.
Document Type
Summary Judgment Motion
Machine summary. Not checked yet.Mandatory?
Counsel must include on all papers their email address, telephone number, and fax number to facilitate communication with the CRD.
Summary: All filings must include counsel's contact information.
Document Type
All
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A party seeking any court order on any matter must include with their filing a Proposed Order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. See Local Rules 7-20, 52-4.1. A Proposed Order template is available on Judge Birotte’s webpage. Proposed Orders should substantially comply with the template’s format. Proposed Orders must be on pleading paper and must not include attorney information on the caption page, a footer, a watermark, or any text after the lines for the Judge’s signature on the last page.
Summary: Proposed orders required with any court order request, must follow template format and specific formatting rules.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
Except for motions in limine, oppositions, the Joint Status Report Regarding Settlement, and Declarations containing direct testimony, Counsel must email Microsoft Word files of all of the below pretrial documents, including any amended documents, to chambers at AB_Chambers@cacd.uscourts.gov .
Summary: Most pretrial documents must be emailed as Microsoft Word files to chambers.
Document Type
Pretrial Documents
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The schedule for filing pretrial documents is as follows:
Summary: Pretrial documents have specific filing deadlines.
Document Type
Pretrial Documents
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The parties must email a Microsoft Word file of the Proposed FPTCO to chambers at AB_Chambers@cacd.uscourts.gov .
Summary: Proposed FPTCO must be emailed to chambers as Microsoft Word file.
Document Type
Proposed Final Pretrial Conference Order
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Index: The Proposed Instructions must have an index that includes the following for each instruction, as illustrated in the example below: the number of the instruction; the title of the instruction; the source of the instruction and any relevant case citations; and the page number of the instruction.
Summary: Proposed jury instructions must include an index with instruction number, title, source, and page number.
Document Type
Jury Instruction
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Format: Each requested instruction must (1) cite the authority or source of the instruction, (2) be set forth in full, (3) be on a separate page, (4) be numbered, (5) cover only one subject or principle of law, and (6) not repeat principles of law contained in any other requested instruction. If a standard instruction has blanks or offers options (i.e. “he/she”), the parties must fill in the blanks or make the appropriate selections in their proposed instructions so that the proposed instruction is ready to use as-is.
Summary: Requested jury instructions must cite source, be complete, on separate pages, numbered, cover one subject, and not repeat other instructions.
Document Type
Jury Instruction
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The parties must file a Joint Proposed Statement of the Case by 2 weeks (14 days) before the FPTC. This is the statement the Court will read to the panel of prospective jurors before commencement of voir dire. This should be a brief neutral statement, no more than one page long.
Summary: Joint Proposed Statement of the Case due 14 days before FPTC; must be brief neutral statement, no more than one page.
Document Type
Statement Of Case
Machine summary. Not checked yet.Mandatory?
The parties must file a Joint Proposed Verdict Form no later than 2 weeks (14 days) before the FPTC. The parties must make every attempt to agree upon a verdict form. If the parties are unable to agree on a verdict form, the parties must file one document titled “Competing Proposed Verdict Forms” which must include: (i) the parties’ respective proposed verdict form; (ii) a “redline” of any disputed language; and (iii) the factual or legal basis for each party’s respective position.
Summary: Joint Proposed Verdict Form due 14 days before FPTC; if parties disagree, file Competing Proposed Verdict Forms with redlines and legal basis.
Document Type
Verdict Form
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All sealed documents should be clearly marked as "FILED UNDER SEAL PURSUANT TO ORDER OF THE COURT DATED ______." L.R. 79-5.2.2(c).
Summary: All sealed documents must be marked with the required language referencing the court order.
Document Type
Sealed Document
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If you are required to file a redacted version of a document, only the portions of the document that are confidential should be redacted. Be sure to add the word REDACTED in the caption of the document and in the docket text of the entry.
Summary: When filing a redacted version, only redact confidential portions and add REDACTED in caption and docket text.
Document Type
Redacted Document
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Remember that this text will be publicly visible, so do not include confidential information here.
Summary: The caption of a sealed motion must not contain confidential information because it will be publicly visible.
Document Type
Sealed Motion
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The Report must be prepared and signed by all parties. Unless the parties agree otherwise, the plaintiff bears the primary responsibility of drafting the Report and filing it on all parties' behalf. A 'Joint' Report means a single report, regardless of how many separately represented parties there are. The Joint Rule 26(f) Report must specify the date of the Scheduling Conference on the caption page. It must report on all matters described below, as specified by Fed. R. Civ. P. 26(f) and Local Rule 26: A. Statement of the Case: A short synopsis (not to exceed two pages) of the main claims, counterclaims, and affirmative defenses. B. Subject Matter Jurisdiction: A statement of the specific basis of federal jurisdiction, including supplemental jurisdiction. If there is a federal question, cite the federal law under which the claim arises. C. Legal Issues: A brief description of the key legal issues, including any unusual substantive, procedural or evidentiary issues. D. Parties, Evidence, etc.: A list of parties, percipient witnesses, and key documents on the main issues in the case. For conflict purposes, corporate parties must identify all subsidiaries, parents, and affiliates. E. Damages: The realistic range of provable damages. F. Insurance: Whether there is insurance coverage, the extent of coverage, and whether there is a reservation of rights. G. Motions: A statement of the likelihood of motions seeking to add other parties or amend the pleadings.
Summary: Joint Rule 26(f) Report must be a single document signed by all parties, include scheduling conference date on caption, and contain specified sections.
Document Type
Joint Rule 26f Report
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Please complete this worksheet jointly and file it with your Joint Rule 26(f) Report.
Summary: The schedule worksheet must be completed jointly and filed with the Joint Rule 26(f) Report.
Document Type
Joint Rule 26f Report
Machine summary. Not checked yet.Important?
The parties should work to avoid motions on such matters. Stipulations to amend pleadings are also encouraged. Stipulations must be supported by good cause, including a declaration explaining the grounds for the request. Any stipulation must also include a Proposed Order. Stipulations are not effective unless and until this Court so orders.
Summary: Stipulations encouraged for routine matters; must include good cause declaration and proposed order; not effective until court orders.
Document Type
Stipulation
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The parties may, but at not required to, file proposed case-specific voir dire by 2 weeks (14 days) before the FPTC. The Court will decide whether to ask any of the proposed case-specific questions.
Summary: Proposed case-specific voir dire may be filed by 14 days before FPTC but is not required.
Document Type
Voir Dire
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Generally, a jury consists of eight jurors. In most cases, the Court seats 16 prospective jurors in the jury box and conducts its initial voir dire. Each side has 3 peremptory challenges. If 14 jurors are seated in the box and all 6 peremptory challenges are exercised, the remaining 8 jurors will constitute the jury panel. If fewer than 6 peremptory challenges are exercised, the 8 jurors in the lowest numbered seats will be the jury. The Court will not necessarily accept a stipulation to a challenge for cause. If one or more challenges for cause are accepted, and all 6 peremptory challenges are exercised, the Court may decide to proceed with 6 or 7 jurors.
Summary: Jury typically consists of 8 jurors; 16 prospective jurors seated; each side has 3 peremptory challenges; Court may proceed with 6-7 jurors if challenges for cause are granted.
Document Type
Jury Selection
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Parties appearing pro se must comply with the Federal Rules of Civil Procedure and the Local Rules. See Local Rules 1-3 and 83-2.2.3.
Summary: Pro se parties must comply with Federal and Local Rules.
Document Type
All
Filing & Service rules
Electronic Filing Rules
Sealed documents in criminal cases, fully sealed cases, and by pro se parties must be filed in paper.
Note that the new rules require electronic filing only in PUBLIC/NON-SEALED CIVIL CASES. For now, continue to file sealed documents in criminal cases in paper, or as otherwise directed by your assigned judge's standing orders. Likewise, continue to file all documents in paper in any case in which the entire case is under seal. And note that pro se parties who have been granted permission to file documents electronically must nonetheless continue to file sealed documents in paper; the CM/ECF system does not allow pro se parties to e-file sealed documents.
Machine summary. Not checked yet. · Civil cases
Page 3 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
Attorneys must electronically file sealed documents in public/non-sealed civil cases using CM/ECF.
Effective December 1, 2015, the United States District Court for the Central District of California will amend its local rules to require attorneys to electronically file sealed documents in otherwise PUBLIC/NON-SEALED CIVIL CASES using the Court's CM/ECF system.
Machine summary. Not checked yet. · Civil cases
Page 3 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
When sealing the application, order, and documents, file a Notice of Manual Filing.
Electronically file a NOTICE OF MANUAL FILING indicating that an application to seal, declaration giving notice or a proof of service, proposed order sealing and under seal documents have been submitted to the Court.
Machine summary. Not checked yet. · Criminal cases
Page 1 | REQUEST TO SEAL THE APPLICATION, ORDER AND DOCUMENT(S)
Application to seal and proposed order must be filed electronically.
Electronically file the application to seal and/or declaration giving notice or proof of service. During the electronic filing process, attach the proposed order to the application. (Standard procedure for filing any application with a proposed order).
Machine summary. Not checked yet. · Criminal cases
Page 1 | REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND ORDER
Filing Timing and Cure Windows
Parties have 48 hours to oppose or respond to ex parte and TRO applications.
Ex Parte and TRO Applications: 48 hours to oppose/respond, do not call for status.
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Page 1
Opposition to an ex parte application must be filed within 48 hours (2 court days) after service.
Any opposition must be filed within 48 hours (2 court days) after service.
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Oppositions to TRO applications must be filed within 48 hours (2 court days) following service.
Oppositions to Applications for a TRO must be filed within 48 hours (2 court days) following service of the Application.
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The Court will not rule on a TRO application for at least 48 hours (2 court days) after service unless notice is excused under Rule 65(b) or the interests of justice require.
The Court will not rule on any Application for a TRO for at least 48 hours (2 court days) after the party subject to the requested order has been served, unless notice is excused as per Fed. R. Civ. P. 65(b), or unless the interests of justice so require.
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Civil motions are heard Fridays at 10:00 a.m.; parties must adhere to the Local Rules 7-9/7-10 briefing schedule, and motions noticed for unavailable dates may be struck or reset.
Motions must be filed in accordance with Local Rules 6 and 7. Judge Birotte hears civil motions on Fridays beginning at 10:00 a.m. The Friday after any Monday holiday is closed to hearings. Closed motion dates are shown on Judge Birotte’s webpage. The parties must adhere to the briefing schedule set forth in Local Rules 7-9 and 7-10, and the schedule herein for motions under Fed. R. Civ. P. 56, so that Chambers has sufficient time to prepare. If a motion is noticed for a date that is not available, the Court may strike or reset the motion.
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Page 5 | Motions - General Requirements
If CM/ECF technical failure prevents e-filing a sealed document, file in paper with original and judge's copy in separate sealed envelopes plus a PDF on CD.
If you cannot file a sealed document electronically due to a technical failure of CM/ECF, you must file it in paper pursuant to L.R. 5-4.6.2. The original and the judge’s copy of all such documents must be submitted for filing in separate sealed envelopes, with a copy of the title page attached to the front of each envelope. An additional copy must be provided in PDF format on a CD.
Machine summary. Not checked yet. · Civil cases
Page 6 | Problems Filing a Sealed Document
Joint Rule 26(f) Report must be filed 14 days before the Scheduling Conference.
The Joint Rule 26(f) Report must be filed by 14 days before the Scheduling Conference.
Machine summary. Not checked yet. · Civil cases
Page 2 | I. Joint Rule 26(f) Report
Second round trial filings (oppositions to MIL, proposed pretrial order, jury instructions, etc.) are due at least 2 weeks before Final Pretrial Conference.
Trial Filings (second round) • Oppositions to Motions In Limine • Joint Proposed Final Pretrial Conference Order [L.R. 16-7] • Joint/Agreed Proposed Jury Instructions (jury trial only) • Disputed Proposed Jury Instructions (jury trial only) 2 • Joint Proposed Verdict Forms (jury trial only) minimum • Joint Proposed Statement of the Case (jury trial only) • Proposed Additional Voir Dire Questions, if any (jury trial only) • Evidentiary Objections to Decls. of Direct Testimony (court trial only)
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Page 7 | Trial Filings (second round)
Motions to amend pleadings or add parties must be heard 12-16 weeks after the Scheduling Conference.
Last Date to Hear Motions to Amend Pleadings/Add Parties [Friday] 12-16 weeks after Sched. Conf.
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Page 7 | Last Date to Hear Motions to Amend Pleadings/Add Parties
First round trial filings (motions in limine, contentions, witness lists, exhibit list, etc.) are due at least 3 weeks before Final Pretrial Conference.
Trial Filings (first round) • Motions in Limine • Memoranda of Contentions of Fact and Law [L.R. 16-4] • Witness Lists [L.R. 16-5] • Joint Exhibit List [L.R. 16-6.1] 3 • Joint Status Report Regarding Settlement minimum • Proposed Findings of Fact and Conclusions of Law [L.R. 52] (court trial only) • Declarations containing Direct Testimony, if ordered (court trial only)
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Page 7 | Trial Filings (first round)
Non-expert discovery must be completed no later than 17 weeks before the Final Pretrial Conference.
Non-Expert Discovery Cut-Off (no later than deadline for filing dispositive motion) 17
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Page 7 | Non-Expert Discovery Cut-Off
Settlement conference must be completed by 10 weeks before Final Pretrial Conference.
Deadline to Complete Settlement Conference [L.R. 16-15] 10
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Page 7 | Deadline to Complete Settlement Conference
Service and Proof of Service Rules
Plaintiffs must promptly serve the complaint under FRCP 4 and file proofs of service.
Plaintiffs must promptly serve the Complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Fed. R. Civ. P. 4.
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Page 2 | 1. Service of the Complaint
Moving party must serve the nonmoving party by email, fax, or personal service in addition to complying with Local Rule 5-3.
Service must be made in compliance with Local Rule 5-3, and the moving party must also serve the nonmoving party by email, fax, or personal service.
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Page 13 | 17
Plaintiff's counsel (or plaintiff if pro se) must immediately serve this Order on all parties, and the removing defendant must do so in removed cases.
Counsel for plaintiff (or plaintiff, if appearing pro se) must immediately serve this Order on all parties, including any new parties to the action. If this case was removed to this Court from state court, the removing defendant(s) must serve this Order on all other parties.
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Page 16 | 26
Sealed documents are not accessible via NEF; filing party must serve by other means and include a certificate of service.
Documents electronically filed under seal will not be accessible through the Notice of Electronic Filing ("NEF"). The filing party is therefore responsible for serving all sealed documents and attachments on opposing counsel by other means. A certificate of service must be included with every sealed filing and a copy of the NEF should be served with the sealed document.
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Page 4 | OVERVIEW OF E-FILING PROCEDURES
Sealed documents must be served by other means (print NEF and serve with sealed declaration and unredacted document) because they are not accessible through NEF.
Therefore, you must serve all sealed documents by other means. Print the NEF and serve it, the sealed declaration, and the unredacted document on opposing counsel.
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Page 16 | SEALED CIVIL DOCUMENTS
Sealed documents must be served by other means (not electronic service); print the NEF and serve it with the sealed document on opposing counsel.
Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.
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Page 23 | SEALED CIVIL DOCUMENTS
Sealed documents must be served by other means (print and serve) because they are not accessible through the NEF.
Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.
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Page 42 | SEALED CIVIL DOCUMENTS
Plaintiff must serve complaint and file proof of service within 3 days; defendants must serve responsive pleadings and file proof of service within 3 days.
If plaintiff has not already served the operative complaint on all defendants, plaintiff promptly must do so and must file proofs of service within three days thereafter. Defendants also must timely serve and file their responsive pleadings, and within three days thereafter, file proofs of service.
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Page 1 | Scheduling Conference
Courtesy Copy Requirements
Chambers and courtesy copies are prohibited unless the Court issues an order requesting them; lodged items go in Judge Birotte's box.
Chambers/Courtesy Copies NOT REQUIRED. Please DO NOT provide chambers/courtesy copies. The Court no longer uses them. They will be discarded. In the rare instance in which the Court would like chambers copies for a particular situation, the Court will issue an order requesting them. In the absence of such an order DO NOT provide chambers copies of anything. Lodged items should be placed in Judge Birotte's box outside of the Clerk's Office on the 4th Floor of the First Street Courthouse.
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Courtesy/chambers copies are no longer required and should not be sent.
Courtesy/chambers copies no longer required; please don't send them.
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Page 1
Mandatory chambers copies of e-filed sealed documents must be provided in sealed envelopes with title page attached.
mandatory chambers copies of e-filed sealed documents must be provided to chambers pursuant to L.R. 5-4.5, just as with any e-filed documents. However, mandatory chambers copies must be provided in sealed envelopes, with a copy of the title page attached to the front of each envelope.
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Page 5 | Mandatory Chambers Copies & Proposed Orders
Mandatory paper chambers copy of sealing documents must be delivered to Judge Birotte's courtesy box by noon the day after submission.
A mandatory paper chambers copy, tabbed (if appropriate), of the document listed above (together in one envelope) must be delivered to Judge Birotte's courtesy box, located outside of the Clerk's office, on the 4th floor, by 12:00 p.m. (noon) on the day after submission.
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Page 1 | REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND ORDER
Courtesy/chambers copies are no longer required and should not be sent.
• Courtesy/chambers copies no longer required; please don’t send them.
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Sealing & Redaction Procedures
Parties must comply with Local Rule 79-5 and meet and confer before filing an application to seal.
Local Rule 79-5 governs applications to file under seal. Parties must comply with all sections of Local Rule 79-5. The parties must also meet and confer before filing an application to seal.
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Page 12 | Filings Under Seal
A protective order alone does not authorize filing documents under seal.
The existence of a protective order does not alone authorize the filing of pleadings or other documents under seal, in whole or in part.
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Page 12 | Proposed Protective Orders and Filings Under Seal
Parties must identify and discuss the factual and/or legal justification establishing good cause or compelling reasons for each sealed filing.
For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification that establishes 'good cause' or 'compelling reasons' for the matter should be protected.
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Page 12 | Filings Under Seal
Parties must file a complete version under seal and a redacted version for public viewing when only portions are confidential.
Documents that are not confidential or privileged in their entirety must not be filed under seal in their entirety if the confidential portions can be redacted with a reasonable amount of effort. The parties must file a complete version of such documents under seal, and a redacted version for public viewing, redacting only the portions that the Court has ordered may be filed under seal.
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Page 12 | Filings Under Seal
Protective orders cannot authorize sealing for dispositive motions or trial without further Court order.
Protective orders must not purport to allow any matters to be filed under seal in connection with dispositive motions (including a class certification motion) or trial without further Court order.
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Page 12 | Proposed Protective Orders and Filings Under Seal
Parties must minimize sealed materials; overbroad or meritless sealing requests may result in the entire application being denied.
blanket claims of confidentiality will be denied. Counsel is strongly encouraged to consider carefully whether sealing or redaction is required for a given piece of evidence or argument. The parties must minimize the materials they seek to file under seal. An application to seal that includes clearly meritless requests to seal or redact documents may be denied in its entirety.
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Parties must limit the number and volume of under seal filings due to the strong presumption of access.
Parties must make every effort to limit the number and volume of under seal filings. There is a strong presumption of access in civil cases.
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Page 12 | Filings Under Seal
A court order is required before filing any sealed document.
Before filing any sealed document, you must have leave of court. Even if a statute or rule authorizes the filing of a particular document under seal, you must obtain a court order in the case in which you plan to file that document.
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Page 4 | OVERVIEW OF E-FILING PROCEDURES
After obtaining leave, the party must file the document under seal or cannot rely on it.
If you obtain leave to file a document under seal, you must follow through and file it under seal, or you will not be able to rely on the document in the case.
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Page 4 | OVERVIEW OF E-FILING PROCEDURES
Sealed documents must be linked to the court order granting permission.
Any document filed under seal must also be linked to the court order granting permission to so file.
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Page 4 | OVERVIEW OF E-FILING PROCEDURES
Application for Leave to File Under Seal requires declaration, proposed order, redacted and unredacted versions; public documents filed via non-sealed event and sealed documents via sealed event.
Electronically filing an Application for Leave to File Under Seal is a two-step process. Local Rule 79-5.2.2 requires that certain documents be filed with the Application: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of any documents proposed to be filed under seal. The rule specifies that the Application, the proposed order, and the redacted documents will be publicly viewable, while the declaration and the unredacted documents will not. Accordingly, you must file the Application, the proposed order, and any redacted documents using one, non-sealed, event (“Leave to File Under Seal”), and the declaration and unredacted documents using another, sealed event (“Sealed Declaration in Support”).
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Page 7 | APPLICATION FOR LEAVE TO FILE UNDER SEAL: SCREEN‐BY‐SCREEN INSTRUCTIONS
Sealed documents are filed in a two-step process: first file an Application and unsealed attachments, then file a Declaration and sealed attachments.
The docketing sequence for the first step of this two-step process (i.e., filing the Application and unsealed attachments) has been completed. You must now continue to the second step (filing the Declaration and sealed attachments) to complete the process.
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Page 11 | SEALED CIVIL DOCUMENTS
When filing a sealed declaration, the upload screen must turn red; if not, stop and restart the process.
If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Declaration in Support again.
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Page 13 | SEALED CIVIL DOCUMENTS
A sealed document may only be e-filed using the Sealed Document event if a court order granting leave to seal has already been obtained.
Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.
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Page 17 | SEALED DOCUMENT: SCREEN-BY-SCREEN INSTRUCTIONS
A court order is required to file any sealed document; if no order exists, an Application for Leave to File Under Seal must be filed first.
Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting "Statute," you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.
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Page 19 | SEALED CIVIL DOCUMENTS
When filing under seal with a court order, the upload screen must turn red; if not, stop and restart the process.
If you select "A Court Order" from the screen shown above, clicking "Next" twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Document again.
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Page 19 | SEALED CIVIL DOCUMENTS
A sealed document must be linked to an order granting leave to file it under seal.
The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal.
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Page 20 | SEALED CIVIL DOCUMENTS
A court order granting leave is required before e-filing a motion under seal.
Please note that this event can only be used to e-file a motion under seal if you have already obtained a court order granting leave to file that motion under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.
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Page 24 | SEALED MOTION (GENERIC SEALED MOTION‐TYPE EVENT): SCREEN‐BY‐SCREEN INSTRUCTIONS
A court order is required before filing any sealed document; if no order exists, an Application for Leave to File Under Seal must be filed first.
Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.
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Page 26 | SEALED CIVIL DOCUMENTS
Sealed motions must be linked to an order granting leave to file under seal.
The Sealed Motion you are filing must be linked to an Order granting leave to file the document under seal.
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Page 27 | SEALED CIVIL DOCUMENTS
A sealed opposition may only be e-filed after obtaining a court order granting leave to file under seal.
Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal.
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Page 31 | SEALED OPPOSITION: SCREEN-BY-SCREEN INSTRUCTIONS
A Sealed Opposition must be linked to the related motion and to an Order granting leave to file under seal.
The Sealed Opposition you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click "Next."
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Page 34 | SEALED CIVIL DOCUMENTS
If no court order exists, an Application for Leave to File Under Seal must be filed before proceeding.
If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.
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Page 39 | SEALED CIVIL DOCUMENTS
A court order is required before filing any sealed document.
Note that the Local Rule requires a court order to authorize the filing of any sealed document.
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Page 39 | SEALED CIVIL DOCUMENTS
The document upload screen must turn red to confirm sealed filing; if not, stop and restart the process.
This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Reply again.
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Page 39 | SEALED CIVIL DOCUMENTS
The sealed reply must be linked to the order granting leave to file under seal.
The Sealed Reply you are filing must also be linked to an Order granting leave to file the document under seal.
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Page 40 | SEALED CIVIL DOCUMENTS
The Application for Leave for In Camera Review is a public filing; do not include confidential information or attach the in camera documents. If granted, deliver the documents to chambers per judge's procedures.
Remember that this event is NOT restricted. Your Application for Leave for In Camera Review will be publicly visible, so do not include confidential information, and do not attach the documents you wish the Court to review in camera. If your Application is granted, you will be responsible for delivering copies of the documents directly to the judge’s chambers, in accordance with the judge’s procedures.
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Page 43 | APPLICATION FOR LEAVE FOR IN CAMERA REVIEW: SCREEN-BY-SCREEN INSTRUCTIONS
Sealing applications must comply with Local Rule 79-5; parties should file both complete under-seal and redacted public versions, and must bracket and highlight redacted portions on unredacted copies.
An application to file documents under seal must meet the requirements of Local Rule 79-5. Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with reasonable amount of effort. The parties should file both documents; complete versions of the pleadings and documents under seal, and a redacted version for public viewing, omitting only such portions as the Court has ordered may be filed under seal. ***On the un-redacted copies (sent via email and the chambers' copy, the parties ARE ORDERED to place in brackets and highlight the portion[s] of the document text and/or exhibits that have been redacted.***
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Page 2 | REQUEST TO SEAL THE APPLICATION, ORDER AND DOCUMENT(S)
Application, proposed order, redacted documents, and docket text are public; declaration and sealed documents are not publicly viewable.
The Application, the proposed order, any redacted documents, and the text of the docket entry itself will be visible to the public, so be sure to draft them accordingly. The declaration and the document(s) proposed to be filed under seal will not be publicly viewable.
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Page 4 | OVERVIEW OF E-FILING PROCEDURES
The sealed reply must be linked to the motion it relates to.
Link the Sealed Reply to the correct motion, and click 'Next.'
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Page 40 | SEALED CIVIL DOCUMENTS
Filing Bundling Requirements
Cross-motions for summary judgment should use 3-brief or 4-brief approach with specified page limits instead of separate motions.
Parties wishing to cross-move for summary judgment should not file two separate motions (6 briefs plus fact statements). This is to avoid overburdening the Court with two sets of probably overlapping but conflicting briefs, fact statements, and evidence. Rather, the parties should consider whether the issues can be adequately addressed in 3 briefs, and determine who should be the moving party. If a 3-brief approach is not sufficient, the parties should instead file 4 briefs consisting of (1) a motion (25-page memorandum), (2) an opposition and cross- motion (30-40 page memorandum), (3) a reply and opposition (25-30 page memorandum), and (4) a reply (15 page memorandum).
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Pre-Motion Conference Requirements
Motions for attorneys' fees must be fully vetted in the meet-and-confer process.
Motions for Attorneys' Fees must be fully vetted in the meet-and-confer process.
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Parties must meet and confer before filing motions and before presenting any potentially disputed matter to the Court, strictly enforced for all parties including pro se litigants.
Local Rule 7-3 requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” The Court strictly enforces this rule for all parties, including pro se litigants. This Court also requires parties to meet and confer about any potentially disputed matter (except those identified in Local Rules 7-3 and 16-12) before presenting it to the Court, including requests to continue, applications to file under seal.
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Page 5 | Motions - General Requirements
Counsel must meet and confer before filing a motion for attorneys' fees.
Before filing a motion for attorneys' fees, counsel must meet and confer thoroughly pursuant to Local Rule 7-3 to attempt in good faith to agree on the reasonable amount of fees and expenses to be awarded (if the Court decides to award fees).
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Page 11 | Motions for Attorneys' Fees
Parties in every case must complete a Settlement Conference or ADR procedure before the Court will hold a final pretrial conference or trial.
As stated in Local Rule 16-15, the parties in every case must participate in a Settlement Conference or Alternative Dispute Resolution (“ADR”) procedure. The Court will not hold a final pretrial conference or convene any trial unless and until all parties, including the principals of all corporate parties, have completed ADR.
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Page 15 | 24
Rule 56 motion must be filed at least 5 weeks before hearing; opposition due 2 weeks after motion; reply due 1 week after opposition.
Last Date to Hear Motions [Friday] • Rule 56 Motion due at least 5 weeks before hearing • Opposition due 2 weeks after Motion is filed • Reply due 1 week after Opposition is filed For Cross-Motions, See Standing Order.
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Page 7 | Last Date to Hear Motions
Extended briefing schedule for summary judgment motions: motion 5 weeks before hearing, opposition 3 weeks before, reply 2 weeks before.
This Court requires an extended briefing schedule for motions under Fed. R. Civ. P. 56, as follows: • Any Motion Under Fed. R. Civ. P. 56: must be filed at least 5 weeks before the noticed hearing date. • Opposition: must be filed 3 weeks before hearing date (2 weeks after the motion is filed). • Reply: must be filed 2 weeks before hearing date (1 week after the opposition is filed).
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Parties must meet and confer before filing any motion or request for relief (except those in LR 7-3 and 16-12).
The Court reminds the parties of their obligation under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion. This Court also requires the parties to meet and confer on any other request for relief (except those identified in Local Rules 7-3 and 16-12).
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Motions to dismiss can often be avoided through meet and confer under Local Rule 7-3.
Motions to dismiss or to strike a pleading, claim, or defense can often be avoided if the parties meet and confer in good faith as required by Local Rule 7-3, especially for perceived defects that could be corrected by amendment.
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Page 7 | Specific Motion Requirements
Default briefing schedule is minimum; parties may stipulate to extended schedule with at least 2 weeks between reply and hearing.
The above briefing schedule is the default minimum. The parties may stipulate to an extended schedule. Any briefing schedule must provide at least two weeks between the reply deadline and the hearing date.
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Adjournment & Extension Requirements
Motion to compel must be discussed with opposing counsel at least 6 weeks before discovery cut-off.
Given the requirements to meet and confer and to give notice, in most cases a planned motion to compel must be discussed with opposing counsel at least six weeks before the cut-off.
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Continuance of the scheduling conference requires good cause.
A request to continue the Scheduling Conference will be granted only for good cause.
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Page 5 | II. Scheduling Conference - A. Continuances
Discovery motions must be filed early enough to obtain responses before discovery cut-off.
Discovery motions are handled by the Magistrate Judge assigned to the case. Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted.
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Chambers Communication Rules
Do not call chambers for status on ex parte and TRO applications.
Ex Parte and TRO Applications: 48 hours to oppose/respond, do not call for status.
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Counsel for a nonmoving party who does not intend to oppose an ex parte application must inform the CRD by telephone.
If the nonmoving party does not intend to oppose the ex parte application, counsel must inform the CRD by telephone.
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Page 13 | 17
Counsel may contact the CRD for appropriate matters via chambers email or telephone, but must not contact the CRD regarding case status.
Counsel may, for appropriate matters only, contact the CRD via Chambers email at AB_chambers@cacd.uscourts.gov or by telephone at (213)-894-2833. Counsel must not contact the CRD regarding the status of any matter before the Court.
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Page 15 | 22
Counsel must follow the Magistrate Judge's procedures for scheduling hearings, as stated on each Magistrate Judge's webpage.
Counsel must follow the Magistrate Judge’s procedures for scheduling matters for hearing. These procedures are stated on each Magistrate Judge’s webpage.
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Page 5 | Discovery Matters
Counsel must not call the CRD for status updates regarding ex parte applications.
Do not call the CRD for status.
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Page 13 | 17
Counsel must not call the CRD for status regarding TRO applications.
As with other ex parte applications, replies are not permitted without leave of Court, and do not call the CRD for status.
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Page 14 | 18
Email chambers with PDFs of application, declaration, proposed order (Word), and under-seal documents, with subject line containing case number and 'UNDER SEAL REQUEST'.
Send an e-mail to the chambers e-mail at AB_Chambers@cacd.uscourts.gov, containing an Adobe PDF version of the application to seal, declaration giving notice or a proof of service, Word version of the proposed order (with the proposed denied instructions as stated above) and an Adobe PDF of the document(s) to be filed under seal with a caption page, clearly marked "UNDER SEAL." The subject line of the e-mail should have the case number, plus the words "UNDER SEAL REQUEST".
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Page 1 | REQUEST TO SEAL THE APPLICATION, ORDER AND DOCUMENT(S)
After e-filing, email chambers with PDFs of application, declaration, proposed order (Word), and under-seal documents, with subject line containing case number and 'UNDER SEAL REQUEST'.
After electronically filing the application and proof of service, send an e-mail to the chambers generic e-mail at AB_Chambers@cacd.uscourts.gov, containing an Adobe PDF version of the application to seal, declaration giving notice or a proof of service, Word version of the proposed order (with the proposed denied instructions) and an Adobe PDF of the document(s) to be filed under seal with a caption page clearly marked "UNDER SEAL." The subject line of the e-mail should have the case number, plus the words "UNDER SEAL REQUEST".
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Page 1 | REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND ORDER
Calendar conflicts must be reported to opposing counsel and CRD via chambers email.
If any counsel discovers a calendar conflict with a scheduled appearance, counsel must inform opposing counsel and the Courtroom Deputy Clerk (“CRD”) via Chambers email at AB_chambers@cacd.uscourts.gov
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Contact chambers only via specified email/phone for appropriate matters; no ex parte contact.
Counsel must not attempt to contact the Court or Chambers staff by email, telephone, or by any other ex parte means. Counsel may, for appropriate matters only, contact the CRD via Chambers email at AB_chambers@cacd.uscourts.gov or by telephone at (213)-894-2833.
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MS Word files of proposed orders must be emailed to chambers; PDF not acceptable; stipulations/ex parte applications must also be emailed.
Microsoft Word file of all proposed orders must be emailed to chambers at AB_chambers@cacd.uscourts.gov. See Local Rule 5-4.4.2. A pdf file is not acceptable. If the proposed order is based on a stipulation or an ex parte application, counsel must email both the order and the stipulation or ex parte application. Otherwise, accompanying documents (such as motions) should not be emailed to chambers.
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No status inquiries to chambers staff.
Counsel must not contact the CRD regarding the status of any matter before the Court.
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Counsel must notify CRD of difficult legal issues requiring research or briefing, and advise of jury-out issues at day's end.
If any counsel anticipate that a difficult question of law or evidence will necessitate legal argument requiring research or briefing, counsel must give the Court advance notice. Counsel are directed to notify the CRD at the day’s adjournment if an unexpected legal issue arises that could not have been foreseen and addressed in advance. Counsel must also advise the CRD at the end of each trial day of any issues that must be addressed outside the presence of the jury so that there is no interruption of the trial. THE COURT WILL NOT KEEP JURORS WAITING.
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Page 17 | Advance Notice of Unusual or Difficult Issues
Junior Lawyer Participation Incentives
Junior counsel (under 7 years) may increase likelihood of oral argument if notice is filed 7 days before hearing.
The Court is more likely to hear oral argument if any party files a notice at least 7 days before a scheduled hearing stating that junior counsel will conduct the argument, or most of it.
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