Judge Dale S. Fischer
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- 1 copy • Hand Delivery • By Noon Next Day
- Hand Delivery • Upon Filing
Complaint
- 1 copy • Chambers Drop Off • Upon Filing
Courtesy copies
- 1 copy
- 1 copy • Before Court Consideration
Joint Rule 26f Report
- Hand Delivery • Within 24 Hours
Adjournments
- Discovery adequacy motions must be filed in advance of cut-off.
- Discovery cut-off is completion deadline, not service deadline.
- Depositions must start early enough to complete before cut-off.
- +5 more
Request must include
Communication
Chambers
Letter via ECF
Chambers
Letter via ECF
Court Reporter
Letter via ECF
Court
Clerk
Page & Word Limits6 rules
Machine summary. Not checked yet.Mandatory?
Each side is limited to five motions in limine unless the Court orders otherwise for good cause shown.
Summary: Each side limited to 5 motions in limine (unless Court grants good cause exception).
Structured details unavailable. See the source text.
Machine summary. 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 12 pages. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations.
Summary: Memoranda limited to 25 pages (support/opposition) and 12 pages (reply).
Brief
25 pages
Applies to: Attorney
Reply Brief
12 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Replies shall not exceed 12 pages. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations.
Summary: Reply briefs limited to 12 pages with rare extensions for good cause.
Reply
12 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Memoranda of points and authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 12 pages. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations.
Summary: Motion memoranda limited to 25 pages; replies to 12 pages.
Motion Memorandum
25 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
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 in Joint 26(f) Report limited to 2 pages.
Joint 26f Report Statement Of Case
2 pages
Machine summary. Not checked yet.Mandatory?
Memoranda of points and authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 12 pages. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations. No supplemental brief shall be filed without prior leave of court. Typeface shall comply with Local Rule 11-3.1.1. (Civil). NOTE: If Times Roman font is used, the size must be no less than 14; if Courier is used, the size must be no less than 12. Footnotes shall be in typeface no less than one size smaller than text size and shall be used sparingly.
Summary: Motion memoranda limited to 25 pages (support/opposition) and 12 pages (reply) with specific font requirements.
Structured details unavailable. See the source text.
Document Format Requirements25 rules
Machine summary. Not checked yet.Mandatory?
Counsel must provide the documents described in paragraphs 5 and 6 to the Chambers email box in Word format at the time they file their proposed jury instructions.
Summary: Jury instruction documents must be submitted to Chambers email in Word format when filed.
DOCX
Machine summary. Not checked yet.Mandatory?
The Court will send one or more copies of the instructions into the jury room for the jury’s use during deliberations. Therefore, in addition to the copies described above, the Chambers email version must contain a “clean” set of jury instructions with “Instruction No. [leave blank] at the top (eliminating table of contents, titles, supporting authority, etc.). This document must have page numbers.
Summary: Chambers email version must include clean jury instructions with blank instruction numbers and page numbers.
Machine summary. Not checked yet.Mandatory?
On the day of jury selection, the Court reserves the time from 8:30 a.m. to 9:00 a.m. to handle legal and administrative matters. Jury selection will begin promptly at 9:00 a.m. or as soon as jurors are available. Thereafter, legal and administrative matters must be addressed between 7:45 a.m. and 8:00 a.m.
Summary: Legal/administrative matters: 8:30-9:00 a.m. on jury selection day, 7:45-8:00 a.m. thereafter.
Machine summary. Not checked yet.Mandatory?
Two sets of the exhibits that can be reproduced (one for the Court and one for witnesses) placed in three-ring binders with divider tabs containing the exhibit numbers. The face and spine of the binders must be marked with the case name and number, the volume number, and the number range of the exhibits in the binder. Each binder must contain an index of the exhibits included in the volume.
Summary: Submit two sets of reproducible exhibits in three-ring binders with tabs, marked with case info and index.
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Counsel must use the lectern for opening statements, examination of witnesses, and summation.
Summary: Counsel must use lectern for opening statements, witness examination, and summation.
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Proposed orders should not contain attorney names, addresses, etc. on the caption page, should not contain a footer with the document name or other information, and should not contain a watermark or designation of the firm name, etc. in the margin.
Summary: Proposed orders must not contain attorney names/addresses on caption, footer with document name, or watermark/firm name in margin.
Machine summary. Not checked yet.Mandatory?
Typeface shall comply with Local Rule 11-3.1.1. (Civil). NOTE: If Times Roman font is used, the size must be no less than 14; if Courier is used, the size must be no less than 12. Footnotes shall be in typeface no less than one size smaller than text size and shall be used sparingly.
Summary: Typeface must comply with Local Rule 11-3.1.1; Times Roman minimum 14pt, Courier minimum 12pt; footnotes one size smaller.
Machine summary. Not checked yet.Mandatory?
Each requested jury instruction shall be numbered and set forth in full on a separate page, citing the authority or source of the requested instruction.
Summary: Each jury instruction must be numbered, on separate page, with authority/source cited.
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the format of the proposed pretrial conference order must conform to the format set forth in Appendix A to the Local Rules.
Summary: Proposed pretrial conference order must conform to Local Rules Appendix A format.
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Filings that do not conform to the Local Rules and this Order may not be considered.
Summary: Non-conforming filings may not be considered.
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Each requested jury instruction shall be numbered and set forth in full on a separate page, citing the authority or source of the requested instruction.
Summary: Each jury instruction must be numbered, on separate page, with authority citation.
Machine summary. Not checked yet.Important?
Counsel must not consume time by writing out words, drawing charts or diagrams, etc. Counsel may do so in advance and explain that the item was prepared earlier as ordered by the Court to save time.
Summary: Counsel must not write/draw during trial; may prepare in advance with court order to save time.
Machine summary. Not checked yet.Important?
All exhibits must be separated by a tab divider on the right or bottom of the document.
Summary: All exhibits in chambers copies must be separated by tab dividers.
Machine summary. Not checked yet.Important?
A separate version of the witness list containing only the names of the witnesses and a separate column to insert the dates on which the witness testified, and the joint exhibit list, must be submitted to the Chambers email box in Word format.
Summary: Separate version of witness list and joint exhibit list must be in Word format.
DOCX
Machine summary. Not checked yet.Important?
On the first morning of trial, counsel must submit to the CRD: a. All exhibits placed in three-ring binders with divider tabs containing the exhibit numbers. Exhibits must be numbered 1, 2, 3, etc., NOT 1.1, 1.2, etc. and in accordance with Local Rule 16-6. The defense exhibit numbers must not duplicate plaintiff's numbers.
Summary: On the first morning of trial, counsel must submit exhibits to the CRD in three-ring binders with divider tabs, numbered sequentially without duplication.
Machine summary. Not checked yet.Important?
At least one week before trial, counsel must send to the Chambers email box in Word format: a. A case-specific glossary ... b. The party's witness list ... c. The joint exhibit list ...
Summary: Glossary, witness list, and joint exhibit list must be submitted in Word format.
DOCX
Machine summary. Not checked yet.Important?
All services rendered must be listed chronologically in a single document (presumably prepared monthly, but no less often than quarterly) so that the Court can readily determine what services were rendered by all timekeepers on each day. Counsel are not to submit separate billings by timekeeper or by firm.
Summary: Time records must be listed chronologically in a single document, not separated by timekeeper or firm.
Machine summary. Not checked yet.Important?
Each entry proposing Court dates must fall on a Monday, except the trial date, which must be a Tuesday.
Summary: Proposed court dates in the Schedule must be Mondays; trial date must be a Tuesday.
Machine summary. Not checked yet.Note?
On the day of jury selection, trial will begin at 9:00 a.m. Counsel must be prepared to go on the record at 8:30 a.m. Thereafter, trial days are generally Tuesday through Friday, 8:00 a.m. to 2:00 p.m., with three fifteen-minute breaks.
Summary: Trial schedule: 9:00 a.m. start, 8:30 a.m. record prep, Tue-Fri 8:00 a.m.-2:00 p.m. with breaks.
Machine summary. Not checked yet.Note?
Counsel and parties should rise when addressing the Court, and when the Court or the jury enters or leaves the courtroom.
Summary: Counsel and parties must rise when addressing Court or when Court/jury enters or leaves courtroom.
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The Court will establish reasonable time estimates for opening and closing arguments, examination of witnesses, etc.
Summary: Court will establish time estimates for opening/closing arguments and witness examination.
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On the day of jury selection, trial will begin at 9:00 a.m. Counsel will appear at 8:30 a.m. Thereafter, trial days are Tuesday through Friday, 8:00 a.m. to 2:00 p.m., with three fifteen-minute breaks during the session, unless the Court indicates otherwise.
Summary: Trial schedule: Tue-Fri 8:00 AM-2:00 PM with 3 fifteen-minute breaks; counsel appear at 8:30 AM on jury selection day.
Machine summary. Not checked yet.Note?
Thereafter, legal and administrative matters will be addressed between 7:45 a.m. and 8:00 a.m. All counsel are urged to anticipate matters that may need to be addressed outside of the presence of the jury and to raise them during this period, during breaks, or at the end of the day.
Summary: Legal/administrative matters addressed 7:45-8:00 AM on trial days; counsel should raise issues during this time, breaks, or end of day.
Machine summary. Not checked yet.Note?
On the day of jury selection, the Court reserves the time from 8:30 a.m. to 9:00 a.m. to handle legal and administrative matters. Jury selection will begin promptly at 9:00 a.m. or as soon as jurors are available.
Summary: 8:30-9:00 AM on jury selection day reserved for legal/administrative matters before jury selection.
Machine summary. Not checked yet.Note?
On the day of jury selection, trial will begin at 9:00 a.m. Counsel will appear at 8:30 a.m. Thereafter, trial days are Tuesday through Friday, 8:00 a.m. to 2:00 p.m., with three fifteen-minute breaks during the session, unless the Court indicates otherwise.
Summary: Trial schedule: Tue-Fri 8:00-2:00 with 3 breaks; jury selection day 9:00 start.
Document Filing Requirements191 rules
Machine summary. Not checked yet.Mandatory?
Counsel are to meet and confer to determine whether opposing counsel intends to introduce the disputed evidence, etc. and to attempt to reach an agreement that would obviate the motion.
Summary: Counsel must meet and confer to attempt agreement on disputed evidence before filing motions in limine.
Document Type
Motion In Limine
Machine summary. Not checked yet.Mandatory?
All motions in limine must be filed by the date established by the Court.
Summary: Motions in limine must be filed by the Court-established deadline.
Document Type
Motion In Limine
Machine summary. Not checked yet.Mandatory?
Motions in limine should address specific issues (i.e., not “to exclude all hearsay,” etc.).
Summary: Motions in limine must address specific issues, not broad categories.
Document Type
Motion In Limine
Machine summary. Not checked yet.Mandatory?
Opposition must be filed by the date established by the Court.
Summary: Opposition to motions in limine must be filed by the Court-established deadline.
Document Type
Opposition To Motion In Limine
Machine summary. Not checked yet.Mandatory?
Within 7 days, defense counsel must serve objections, if any, to those instructions and verdict forms, as well as any proposed alternative or additional instructions and verdict forms.
Summary: Defense must serve objections to jury instructions within 7 days of receiving plaintiff's proposals.
Document Type
Opposition To Jury Instructions
Machine summary. Not checked yet.Mandatory?
Before or at the Rule 16-2 meeting, counsel must attempt to come to agreement on the proposed jury instructions and verdict forms.
Summary: Counsel must attempt to agree on jury instructions at or before Rule 16-2 meeting.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
Counsel may submit alternatives to the Ninth Circuit model jury instructions, or BAJI or CACI, only if counsel has a reasoned argument that those instructions do not properly state the law or they are incomplete.
Summary: Alternatives to standard instructions only allowed with reasoned argument they're incomplete or incorrect.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
Where language appears in brackets, the appropriate language should be selected. All blanks should be completed.
Summary: Bracket language must be selected and all blanks completed in jury instructions.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
Where California law applies, counsel should use the current edition of California Jury Instructions -- Civil (BAJI or CACI).
Summary: California law cases must use current BAJI or CACI jury instructions.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
At least fourteen days before the meeting of counsel required by Local Rule 16-2 (which must occur at least 40 days before the date set for the pretrial conference), plaintiff(s) counsel must serve on defense counsel proposed jury instructions and proposed verdict/special verdict forms.
Summary: Plaintiff must serve proposed jury instructions and verdict forms 14 days before Rule 16-2 meeting.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
The Court has its own introductory instructions (instructions read before opening statements). Counsel should provide only instructions to be read after the evidence has been submitted or that may be appropriate during trial.
Summary: Court provides its own introductory instructions; counsel must provide only post-evidence instructions.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
When submitting other than Ninth Circuit or California instructions, counsel should be sure that the law on which the instruction is based is the same as Ninth Circuit law (or California or other state law, if applicable) on the subject.
Summary: Non-standard instructions must be based on same law as Ninth Circuit/California/other applicable law.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
When the Manual of Model Jury Instructions for the Ninth Circuit provides an applicable jury instruction, the parties should submit the most recent version, modified and supplemented to fit the circumstances of this case.
Summary: Parties must use most recent Ninth Circuit model jury instructions, modified for case specifics.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
At the same time, each party must file with the Court and submit (electronically to the Chambers email box and in paper form) its proposed jury instructions that are objected to by any other party. Each disputed instruction must have attached a short (one or two paragraph) statement, including points and authorities in support of the instruction as well as a brief statement, including points and authorities, in support of any objections. A proposed alternative instruction must be provided, if applicable.
Summary: Disputed jury instructions must be filed with supporting statements and authorities, plus alternative instructions if applicable.
Document Type
Disputed Jury Instructions
Machine summary. Not checked yet.Mandatory?
By the date set by the Court, counsel must file with the Court and submit (electronically to the Chambers email box and in paper form) a JOINT set of jury instructions on which there is agreement.
Summary: Joint jury instructions must be filed electronically to Chambers email and in paper form by Court-set date.
Document Type
Joint Jury Instructions
Machine summary. Not checked yet.Mandatory?
At the time of lodging the proposed pretrial conference order, counsel should file a jointly prepared one or two page statement of the case to be read by the Court to the prospective panel of jurors before commencement of voir dire.
Summary: Joint one or two page case statement must be filed with proposed pretrial conference order.
Document Type
Case Statement
Machine summary. Not checked yet.Mandatory?
FAILURE TO FOLLOW THE PRECEDING PROVISIONS OF THIS SECTION WILL SUBJECT THE NON-COMPLYING PARTY AND ATTORNEY TO SANCTIONS AND WILL BE DEEMED TO CONSTITUTE A WAIVER OF JURY TRIAL.
Summary: Non-compliance with jury instruction provisions results in sanctions and waiver of jury trial.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
Counsel must provide an index of all instructions submitted, which must include the following: a. The number of the instruction; b. The title of the instruction; c. the source of the instruction and any relevant case citations; d. The page number of the instruction.
Summary: Index of all jury instructions must include number, title, source, and page number.
Document Type
Jury Instructions Index
Machine summary. Not checked yet.Mandatory?
On the first morning of trial, counsel must submit to the CRD: a. All original exhibits (except those to be used for impeachment only), with official exhibit tags attached and bearing the same number shown on Intake Section, located on the 1st floor of the Edward R. Roybal Federal Building at 255 East Temple St., Room 180. Digital exhibit tags are also available on the Court’s website under Court Forms > General forms > Form G-14A (plaintiff) and G-14B (defendant). Exhibits must be numbered 1, 2, 3, etc., NOT 1.1, 1.2, etc. and in accordance with Local Rule 16-6. The defense exhibit numbers must not duplicate plaintiff’s numbers. If a “blow-up” is an enlargement of an existing exhibit, it must be designated with the number of the original exhibit followed by an “A.”;
Summary: First morning of trial: submit original exhibits with tags, numbered 1, 2, 3, etc., no duplicates, blow-ups as A.
Document Type
Exhibit
Machine summary. Not checked yet.Mandatory?
Counsel must notify the CRD in advance if any witness should be accommodated based on a disability or for other reasons.
Summary: Must notify CRD in advance about witness accommodations.
Document Type
Trial Procedure
Machine summary. Not checked yet.Mandatory?
An exhibit not previously marked should, at the time of its first mention, be accompanied by a request that the CRD mark it for identification. To save time, counsel must show a new exhibit to opposing counsel before it is mentioned in court.
Summary: Unmarked exhibits must be marked by CRD and shown to opposing counsel before mention.
Document Type
Trial Procedure
Machine summary. Not checked yet.Mandatory?
If a witness was on the stand at a recess or adjournment, counsel must have the witness back on the stand, ready to proceed, when the court session resumes.
Summary: Witness on stand at recess must be ready when court resumes.
Document Type
Trial Procedure
Machine summary. Not checked yet.Mandatory?
Where a party has more than one lawyer, only one may conduct the direct or cross-examination of a particular witness, or make objections as to that witness.
Summary: Only one lawyer per party may conduct examination or make objections for a particular witness.
Document Type
Trial Procedure
Machine summary. Not checked yet.Mandatory?
All counsel are to meet not later than ten days before trial and to stipulate, so far as is possible, to foundation, to waiver of the best evidence rule, and to those exhibits that may be received into evidence at the start of the trial.
Summary: Counsel must meet 10 days before trial to stipulate on foundation, best evidence rule waiver, and exhibits.
Document Type
Exhibit
Machine summary. Not checked yet.Mandatory?
At least one week before trial, counsel must send to the Chambers email box in Word format: a. A case-specific glossary for the court reporter that includes applicable medical, scientific, or technical terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/entities involved in the case, names of people interviewed/deposed, names of family members, friends, or others who might be mentioned, and other case-specific terminology; b. The party’s witness list, with a column to add the date on which the witness testified; c. The joint exhibit list in the form specified in Local Rule 16-6. An annotated exhibit list identifying the exhibits to be received into evidence at the start of the trial must also be provided.
Summary: One week before trial, counsel must email Chambers: glossary, witness list, and joint exhibit list.
Document Type
Trial Preparation
Machine summary. Not checked yet.Mandatory?
Each counsel is responsible for any exhibits that counsel secures from the CRD and must return them before leaving the courtroom at the end of the session.
Summary: Counsel responsible for CRD exhibits and must return them before leaving courtroom.
Document Type
Trial Procedure
Machine summary. Not checked yet.Mandatory?
When objecting, counsel must rise to state the objection and state only that counsel objects and the legal ground of objection. If counsel wishes to argue an objection further, counsel must ask for permission to do so.
Summary: When objecting, counsel must rise, state objection and legal ground only; must ask permission to argue further.
Document Type
Objection
Machine summary. Not checked yet.Mandatory?
In addition to the requirements of Local Rule 16, the witness lists must include a brief (one or two paragraph) description of the testimony, and a time estimate for both direct and cross-examination (separately stated). If two or more witnesses will testify on the same topics, counsel must explain why more than one witness is necessary.
Summary: Witness lists require testimony description and time estimates; explain multiple witnesses on same topics.
Document Type
Witness List
Machine summary. Not checked yet.Mandatory?
STRICT COMPLIANCE WITH LOCAL RULE 16 IS REQUIRED. THIS ORDER SETS FORTH SOME DIFFERENT AND SOME ADDITIONAL REQUIREMENTS. THIS COURT DOES NOT EXEMPT PRO PER PARTIES FROM THE REQUIREMENTS OF RULE 16.
Summary: Strict compliance with Local Rule 16 required; no exemptions for pro se parties.
Document Type
Pretrial Preparation
Machine summary. Not checked yet.Mandatory?
A separate version of the witness list containing only the names of the witnesses and a separate column to insert the dates on which the witness testified, and the joint exhibit list, must be submitted to the Chambers email box in Word format. Mandatory paper chambers copies must also be submitted.
Summary: Simplified witness list and joint exhibit list required in Word format via email; paper copies also required.
Document Type
Witness List
Machine summary. Not checked yet.Mandatory?
Counsel must not offer a stipulation unless counsel has conferred with opposing counsel and has verified that the stipulation will be acceptable.
Summary: Must confer with opposing counsel before offering a stipulation.
Document Type
Trial Procedure
Machine summary. Not checked yet.Mandatory?
A copy of the exhibit list with all admitted exhibits will be given to the jury during deliberations. Counsel must review and approve the exhibit list with the CRD before the list is given to the jury.
Summary: Exhibit list with admitted exhibits must be given to jury and approved by counsel.
Document Type
Exhibit List
Machine summary. Not checked yet.Mandatory?
No presenting party may be without witnesses. If counsel has no more witnesses to call and there is more than a brief delay, the Court may deem that party to have rested.
Summary: Presenting party must have witnesses; may be deemed to have rested if no witnesses available.
Document Type
Trial Procedure
Machine summary. Not checked yet.Mandatory?
Counsel should not talk to jurors at all, and should not talk to co-counsel, opposing counsel, witnesses, or clients where the conversation can be overheard by jurors. Each counsel should admonish counsel's own clients and witnesses to avoid such conduct.
Summary: Must not talk to jurors or have conversations overheard by jurors.
Document Type
Trial Procedure
Machine summary. Not checked yet.Mandatory?
Counsel must complete an ADR proceeding no later than the date set by the Court.
Summary: ADR proceeding must be completed by Court-set deadline.
Document Type
Adr Proceeding
Machine summary. Not checked yet.Mandatory?
While Court is in session, counsel must not leave counsel table to confer with any personnel or witnesses unless permission has been granted in advance.
Summary: Must get advance permission to leave counsel table during court session.
Document Type
Trial Procedure
Machine summary. Not checked yet.Mandatory?
Carefully prepared memoranda of contentions of fact and law, witness lists, a joint exhibit list, and a proposed pretrial conference order must be submitted in accordance with the Rules and this Order, and the format of the proposed pretrial conference order must conform to the format set forth in Appendix A to the Local Rules.
Summary: Pretrial documents must conform to Local Rules format (Appendix A).
Document Type
Pretrial Conference Order
Machine summary. Not checked yet.Mandatory?
If a filed or lodged document has declarations, exhibits, or other attachments, each of these must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration, 29-2 Ex. 2 - License Agreement, 29-3 Request for Judicial Notice).
Summary: Attachments must be filed as separately docketed entries with descriptions.
Document Type
Document With Attachments
Machine summary. Not checked yet.Mandatory?
All discovery documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing.
Summary: Discovery documents must include 'DISCOVERY MATTER' in the caption.
Document Type
Discovery Document
Filing & Service rules
Filing Timing and Cure Windows
Form pleadings in removed cases must be replaced with an appropriate pleading within 30 days of removal.
If a removed action contains a 'form pleading' i.e. a pleading in which boxes are checked, the party or parties that filed the form pleading must file an appropriate pleading with this Court within 30 days of the filing of the notice of removal.
Machine summary. Not checked yet. · Civil cases
Page 6 | 9. Cases Removed from State Court
Motion for class certification must be filed within 120 days of the initial scheduling conference date.
The motion must be filed no later than 120 days from the date initially set for the scheduling conference, without regard to any continuances, unless the Court orders otherwise.
Machine summary. Not checked yet. · Civil cases
Page 6 | 10. Class Actions
Plaintiff must identify and serve Doe defendants before the Rule 16(b) scheduling conference.
Plaintiff must ascertain the identity of and serve any fictitiously named defendants before the date of the Rule 16(b) scheduling conference.
Machine summary. Not checked yet. · Civil cases
Page 6 | 11. Status of Fictitiously Named Defendants
Memoranda of contentions, witness lists, and joint exhibit list must be filed by court-set deadlines.
The memoranda of contentions of fact and law, witness lists, and the joint exhibit list must be filed not later than the dates set by the Court.
Machine summary. Not checked yet. · Civil cases
Page 4 | D. PRETRIAL CONFERENCE
Joint Statement draft due 7 days before conference; final version due 14 days before motion filing; opposing party returns 7 days before filing; filed with motion.
At least seven days prior to the conference of counsel, the moving party must provide to the opposing party a draft of its portion of a Joint Statement that will eventually be submitted to the Court. Following the conference of counsel, and no more than 14 days before the filing of the motion, the moving party must provide to the opposing party the final version of its portion of the Joint Statement in an electronic format. The opposing party shall then input its portion of the Joint Statement into the document and return the completed document to the moving party at least seven days prior to the filing of the motion. The moving party shall then file the Joint Statement at the same time it files the motion.
Machine summary. Not checked yet. · Civil cases
Page 3 | Joint Statement
Joint Rule 26(f) Report must be filed no later than 14 days after the meet and confer and no later than 7 days before the scheduling conference.
file a 'Joint Rule 26(f) Report' not later than 14 days after the meeting of counsel and not later than seven days before the scheduling conference.
Machine summary. Not checked yet. · Civil cases
Page 2 | ORDER SETTING SCHEDULING CONFERENCE
Parties must meet and confer on a discovery plan at least 21 days before the scheduling conference.
the parties ... under Rule 26(f) to meet and confer on a discovery plan not later than 21 days before the scheduling conference
Machine summary. Not checked yet. · Civil cases
Page 2 | ORDER SETTING SCHEDULING CONFERENCE
If Joint 26(f) Report is insufficient, parties must file a more detailed discovery plan within 14 days after the scheduling conference, even if the conference is vacated.
If the information provided in the Joint 26(f) Report does not meet these requirements, the parties must file an additional more detailed discovery plan no later than 14 days after the date of the scheduling conference, even if that conference date has been vacated.
Machine summary. Not checked yet. · Civil cases
Page 4 | i. Discovery Plan
Discovery plan complying with Rule 26(f)(3) must be filed within 14 days after the scheduling conference.
Pursuant to Rule 26(f)(2), a discovery plan that complies with Rule 26(f)(3) must be filed within 14 days after the scheduling conference.
Machine summary. Not checked yet. · Civil cases
Page 4 | i. Discovery Plan
Class certification motion must be filed within 120 days of the original scheduling conference date; continuance of the conference does not extend this deadline.
the motion must be filed no later than 120 days from the date originally set for the scheduling conference, unless the Court orders otherwise. In other words, a continuance of the date for the scheduling conference will not extend the time to file the motion for class certification.
Machine summary. Not checked yet. · Civil cases
Page 7
Opposition papers due on a Monday holiday may be filed the next Tuesday; reply papers may be filed the following Tuesday.
Opposition papers due on a Monday holiday may be filed the following Tuesday. In such cases, reply papers may be filed on the next Tuesday.
Machine summary. Not checked yet. · Civil cases
Page 3 | Time for Filing and Hearing Motions
Bankruptcy appeal is deemed under submission when appellant's reply brief is filed.
The matter is deemed under submission on the filing of the appellant’s reply brief.
Machine summary. Not checked yet. · Civil cases
Page 7 | Bankruptcy Appeals
Service and Proof of Service Rules
Plaintiff's counsel must serve this standing order on all parties immediately.
Counsel for plaintiff must immediately serve this order on all parties, including any new parties to the action.
Machine summary. Not checked yet. · Civil cases
Page 1 | N/A
In removed cases, the removing defendant must serve this standing order on all other parties.
If this case was removed from state court, the defendant that removed the case must serve this Order on all other parties.
Machine summary. Not checked yet. · Civil cases
Page 1 | N/A
Plaintiff must file proof of service within 3 days after serving the complaint.
If plaintiff has not already served the operative complaint on all defendants, plaintiff must do so promptly and must file proofs of service within three days thereafter.
Machine summary. Not checked yet. · Civil cases
Page 1 | ORDER SETTING SCHEDULING CONFERENCE
Plaintiff's counsel (or defendant's counsel if plaintiff is pro se) must provide this Order to newly appearing parties and known but unappeared parties.
Plaintiff’s counsel or, if plaintiff is appearing pro se, defendant’s counsel, must provide this Order to any parties who first appear after the date of this Order and to parties who are known to exist but have not yet entered appearances.
Machine summary. Not checked yet. · Civil cases
Page 8
Courtesy Copy Requirements
Chambers copies required for all documents; no envelopes.
Counsel must provide Chambers with conformed paper chambers copies of all documents. Chambers copies should not be put in envelopes.
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Plaintiffs who e-file a complaint must deliver a paper copy to Judge Fischer's mailbox.
Plaintiffs who have electronically filed a complaint are ordered to provide a paper copy of the conformed complaint to Judge Fischer’s mailbox on the Fourth Floor of the First Street Courthouse.
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Page 1 | N/A
Paper chambers copies are required for specified document types and must be submitted on the same day as filing for priority processing.
Documents will not be considered until paper Chambers copies are submitted, so paper Chambers copies of all documents for which priority processing is requested should be submitted on the same day as the filing. Paper Chambers copies should not require the signature of the recipient. The Court requires paper Chambers copies of only the following: Initial pleadings (notices of removal and related documents, complaints, counterclaims, cross claims, and answers); Joint Rule 26(f) Reports, motion papers, including motions in limine (motions, oppositions, replies, and related documents); ex parte applications for temporary restraining orders; and all pre-trial documents (memoranda of fact and law, witness and exhibit lists, pretrial conference statement, jury instructions, verdict forms, etc.).
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Page 3 | Mandatory Paper Chambers Copies
Chambers copies of exhibits exceeding 200 pages must be in a Slant D-Ring binder with tab dividers, three-hole punched with oversized holes.
If such evidence exceeds 200 pages, the Chambers copy of such evidence, including a Table of Contents, must be placed in a Slant D-Ring binder with each item of evidence separated by a tab divider on the right or the bottom. All documents contained in the binder must be three-hole punched with the oversized 13/32" hole size, not the standard 9/32" hole size.
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Page 3 | Mandatory Paper Chambers Copies
Chambers copies of exhibits exceeding 50 pages must be in a tabbed binder with a Table of Contents.
If documentary evidence in support of or in opposition to a motion exceeds 50 pages, the Chambers copy must be in a separately tabbed binder and include a Table of Contents.
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Page 3 | Mandatory Paper Chambers Copies
Ex parte application will not be considered until a mandatory chambers copy is provided.
The application will not be considered until a mandatory chambers copy has been provided.
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Page 5 | 7. Ex Parte Applications
A redlined version of the proposed amended pleading must be delivered to Chambers in paper form.
A 'redlined' version of the proposed amended pleading must be delivered to Chambers (in paper form) and to Chambers email indicating all additions and deletions to the prior version of the pleading.
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Page 5 | b. Motions to Amend Pleadings
Paper chambers copies required for specific documents by noon next day, with NEF attached.
Mandatory paper chambers copies of e-filed documents must be delivered to Judge Fischer’s box outside of the Clerk’s office on the fourth floor of the First Street Courthouse - by noon on the day after filing. Documents will not be considered until paper chambers copies are submitted. Attach the NEF to the BACK of the chambers copy. Chambers copies delivered by Federal Express should not require the signature of the recipient. Paper chambers copies are required ONLY for plea agreements, sentencing position papers, motion papers (motions, oppositions, replies, and related documents), stipulations, ex parte applications and orders in excess of three pages, and all trial-related documents.
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Page 2 | A. GENERAL REQUIREMENTS
Conformed paper chambers copies required for all documents; do not put in envelopes.
Counsel must provide Chambers with conformed paper Chambers copies of all documents. Chambers copies should not be put in envelopes.
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Page 3 | C. MOTIONS
Paper chambers copies required for witness list and joint exhibit list.
Mandatory paper chambers copies must also be submitted.
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Page 4 | D. PRETRIAL CONFERENCE
Deliver blue-backed, tabbed paper chambers copy to Judge Fischer’s box by noon next day.
A blue backed, tabbed (if appropriate) mandatory paper chambers copy of the documents listed above (together in one envelope) must be delivered to Judge Fischer’s box, on the first floor of the Roybal Building by noon the following day.
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Deliver blue-backed, tabbed paper chambers copy to Judge Fischer’s chambers box.
A blue backed, tabbed (if appropriate) mandatory paper chambers copy of the documents listed above (all in one envelope) must be delivered to Judge Fischer’s chambers box at the address set forth above.
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Paper chambers copies of the Joint Rule 26(f) Report must be delivered to Judge Fischer's box, blue-backed with title on lower right corner, by noon the day after e-filing.
Paper Chambers copies of the Joint Rule 26(f) Report must be delivered to Judge Fischer’s box next to the Clerk’s office on the fourth floor of the First Street Courthouse. Paper Chambers copies must be “blue-backed,” with the title of the document on the lower right hand corner of the “blue-back.” Paper Chambers copies must be submitted no later than noon on the day after the e-filing.
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Page 2 | ORDER SETTING SCHEDULING CONFERENCE
Mandatory chambers copies required by noon next day for specific document types.
Mandatory paper chambers copies of e-filed documents must be delivered to Judge Fischer’s box outside of the Clerk’s office on the fourth floor of the First Street Courthouse - by noon on the day after filing. Documents will not be considered until paper chambers copies are submitted. Attach the NEF to the BACK of the chambers copy. Chambers copies delivered by Federal Express should not require the signature of the recipient. Paper chambers copies are required ONLY for plea agreements, sentencing position papers, motion papers (motions, oppositions, replies, and related documents), stipulations, ex parte applications and orders in excess of three pages, and all trial-related documents.
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Counsel should not deliver chambers copies of discovery documents to Judge Fischer.
Counsel should not deliver Chambers copies of these documents to Judge Fischer.
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Page 2 | 2. Discovery
Sealing & Redaction Procedures
A protective order alone does not justify sealing; a separate order is required.
The existence of a protective order does not alone justify the filing of pleadings or other documents under seal, in whole or in part.
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Page 2 | 2. Discovery
Rejected documents will be destroyed unless retrieved from clerk within 5 days.
REJECTED DOCUMENTS WILL BE DESTROYED UNLESS COUNSEL CONTACTS THE CLERK WITHIN 5 DAYS TO RETRIEVE THE DOCUMENTS.
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Public fee records may be redacted for privilege/work product, but unredacted version must be submitted in camera.
Time records ultimately filed publicly with a motion for fees may be redacted to preserve the attorney-client privilege or work product. The Court will require an in camera unredacted submission.
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Page 2 | ORDER RE FORMAT OF TIME AND EXPENSE RECORDS
Paper chambers copies of invoices must be unredacted; redacted invoices must not be provided in paper.
Paper Chambers copies of invoices should be unredacted. Redacted invoices should not be provided in paper to the Court.
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Page 4 | Joint Statement
Sentencing documents generally not under seal; file redacted version with explanation; seek leave for entire document under seal.
Sentencing is a matter of significant public interest and concern. Generally, the public has a right to know the basis on which the Court makes sentencing determinations. Therefore, the Court discourages under seal filings of entire sentencing documents. Sentencing documents may be filed under seal along with a redacted version that deletes only information that is properly filed under seal, and an explanation of the basis for each document or portion deleted, e.g., medical information, private information relating to family members (which explanation may be filed under seal). If all or nearly all of the sentencing position contains such information, counsel may seek leave to file the entire document under seal.
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Page 12 | G. SENTENCING
Sealed documents are not viewable by public, but entry title remains viewable.
“Declaration of John Doe, Exhibit A.” If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable.
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Sentencing documents generally public; under seal filings discouraged except for properly protected information with redacted version.
Sentencing is a matter of significant public interest and concern. Generally, the public has a right to know the basis on which the Court makes sentencing determinations. Therefore, the Court discourages under seal filings of entire sentencing documents. Sentencing documents may be filed under seal along with a redacted version that deletes only information that is properly filed under seal, and an explanation of the basis for each document or portion deleted, e.g., medical information, private information relating to family members (which explanation may be filed under seal). If all or nearly all of the sentencing position contains such information, counsel may seek leave to file the entire document under seal.
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Filing Bundling Requirements
Moving parties should not file summary judgment motions at the last possible day.
As a courtesy to both the Court and the opposing party, a moving party should not wait until the last possible day to file motions for summary judgment or partial summary judgment.
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Page 1 | ORDER RE MOTIONS FOR SUMMARY JUDGMENT
Pre-Motion Conference Requirements
Pre-filing conference required for all motions under Local Rule 7-3; failure may result in sanctions or denial of hearing.
Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference 'to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.' Counsel should discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. The pro per status of one or more parties does not eliminate this requirement. Failure to comply with this Rule will be grounds for sanctions. If fault is attributed to the moving party, the Court may decline to hear the motion.
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Page 4 | Pre-filing Requirement
Pretrial motions must be filed 28 days before hearing; opposition 21 days; reply 14 days.
Pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, motions challenging Federal Rule of Evidence 404(b) evidence, and motions in limine, must be filed and served in compliance with the requirements of Local Civil Rule 6-1, i.e., at least 28 days before the date set for the hearing. Opposition (or notice of non-opposition) and reply (optional) papers must be filed and served in compliance with the requirements of Local Rule 7-9, i.e., no later than 21 days and 14 days before the hearing date, respectively.
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Page 3 | B. EX PARTE APPLICATIONS AND MOTIONS
Discovery motions require consultation with opposing counsel and specific content; non-compliant motions may not be heard.
Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain whether the requested discovery will be provided. All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery has been requested from opposing counsel, and whether the discovery has been declined, in whole or in part. Motions made without prior consultation with opposing counsel or that fail to include the above information may not be heard.
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Page 4 | B. EX PARTE APPLICATIONS AND MOTIONS
Multiple summary adjudication motions by same party require leave of court; subsequent motions without leave will be stricken.
Multiple motions for summary adjudication by the same party are highly disfavored. Any party wishing to file more than one motion for summary adjudication must move for leave of court and explain why the issues cannot be addressed in a single motion. If multiple motions for summary adjudication are filed by the same party without leave of court, the first filed motion will be considered and the subsequent motions stricken.
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Page 2 | ORDER RE MOTIONS FOR SUMMARY JUDGMENT
Before filing a motion for attorneys' fees, counsel must meet and confer in person or by videoconference, and the moving party must provide billing records, rate information, and cost evidence prior to the conference.
Before filing a motion for attorneys’ fees, counsel must meet and confer in person or by videoconference pursuant to Local Rule 7-3 to attempt in good faith to agree on the reasonable amount of fees to be awarded (if the Court decides to award fees), keeping in mind that a contested request for attorneys’ fees “should not result in a second major litigation.” Hensley v. Eckerhart, 461 U.S. 424, 437 (1983) (“Ideally, of course, litigants will settle the amount of a fee. Where settlement is not possible, the fee applicant bears the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates.”). Prior to the conference, the moving party must do at least the following: 1. Provide opposing counsel with the billing records on which the motion will be based, and specify the entries for which compensation is and is not sought. These records may be redacted to prevent disclosure of material protected by the attorney-client privilege or work product doctrine. However, as to those redacted items, counsel shall submit a declaration describing the nature of the services with sufficient detail to allow opposing counsel to determine if the item is objectionable. 2. Inform opposing counsel of the hourly rates that will be claimed for each lawyer, paralegal, or other timekeeper. If moving counsel or other timekeepers have performed any legal work on an hourly basis during the period covered by the motion, moving counsel shall provide representative business records sufficient to show the types of litigation in which such hourly rates were paid and the rates that were paid in each type. If moving counsel has been paid on an hourly basis in the case in question or in litigation of the same type as the case in question, records showing the rates paid (not charged) for those services must be provided. If moving counsel will rely on other evidence to establish appropriate hourly rates, such as evidence of rates charged by attorneys of comparable experience and qualifications or evidence of rates used in previous awards by courts or administrative agencies, moving counsel shall provide such other evidence. 3. Furnish evidence of the actual cost of any nontaxable expenses to be sought by the motion;
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Page 1 | Conference of Counsel
Pretrial motions must be filed 28 days before hearing with specific deadlines for opposition (21 days) and reply (14 days).
Pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, motions challenging Federal Rule of Evidence 404(b) evidence, and motions in limine, must be filed and served in compliance with the requirements of Local Civil Rule 6-1, i.e., at least 28 days before the date set for the hearing. Opposition (or notice of non-opposition) and reply (optional) papers must be filed and served in compliance with the requirements of Local Rule 7-9, i.e., no later than 21 days and 14 days before the hearing date, respectively. All motions in limine and other trial-related motions must be properly noticed for hearing no later than the date of the pretrial conference. Counsel must meet and confer with opposing counsel and attempt to resolve the issue(s) before filing a motion. Motions expected to take more than one-half hour of court time (collectively) must include a time estimate beneath the hearing date on the face page of the motion.
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Page 3 | C. DISCOVERY & NOTICE
Discovery motions require meet-and-confer and specific content about prior requests.
Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain whether the requested discovery will be provided. All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery has been requested from opposing counsel, and whether the discovery has been declined, in whole or in part. Motions made without prior consultation with opposing counsel or that fail to include the above information may not be heard.
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Page 4 | C. DISCOVERY & NOTICE
To substitute a Doe defendant, plaintiff must first seek consent of all counsel; if consent is denied, file a motion on regular notice.
If a plaintiff wants to substitute a defendant for one of the fictitiously named defendants, plaintiff must first seek the consent of counsel for all defendants (and counsel for the fictitiously named party, if that party has separate counsel). If consent is withheld or denied, plaintiff should file a motion on regular notice.
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Page 6 | 11. Status of Fictitiously Named Defendants
Ex parte travel applications must be filed well in advance with probation officer input.
Ex parte applications to allow defendant to travel should be made well in advance of the date of travel. Counsel should indicate whether the probation/pretrial services officer has...
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Page 2 | B. EX PARTE APPLICATIONS AND MOTIONS
Ex parte applications disfavored; must attempt to obtain opposing counsel's position first.
Ex parte applications are disfavored. The Court is unlikely to grant an ex parte application that recites that the moving party has been unable to obtain the position of the opposing party. Counsel should make serious efforts to obtain the agreement (or at least the position) of opposing counsel before filing an application. Where applicable, counsel should also obtain the position of the probation/pretrial services officer assigned to the defendant.
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Page 2 | B. EX PARTE APPLICATIONS AND MOTIONS
Adjournment & Extension Requirements
Depositions must start early enough to complete before cut-off.
All depositions must commence sufficiently in advance of the discovery cut-off date to permit their completion and to permit the deposing party enough time to bring any discovery motions concerning the deposition.
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Motions to add parties or amend pleadings must be noticed by cut-off date.
All motions to add parties or to amend the pleadings must be noticed to be heard on or before the cut-off date.
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Discovery adequacy motions must be filed in advance of cut-off.
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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Discovery cut-off is completion deadline, not service deadline.
The Court has established a cut-off date for discovery and expert discovery if applicable. This is not the date by which discovery requests must be served; it is the date by which all discovery, including all hearings on any related motions, is to be completed.
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Stipulations extending time are not effective until court approval, unless FRCP provides automatic extension.
No stipulation extending the time to file any required document or to continue any date is effective until and unless the Court approves it, or unless the Federal Rules of Civil Procedure provide for an automatic extension.
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Page 5 | 8. Applications or Stipulations for Extension of Time
Extension request must be made before the deadline to be extended.
The request must be made before the date to be continued.
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Page 6 | 8. Applications or Stipulations for Extension of Time
Continuance of scheduling conference requires good cause.
A continuance of the scheduling conference will be granted only for good cause.
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Page 8
Parties may stipulate to a different briefing schedule if it provides at least two weeks between reply and hearing.
The parties may stipulate to a different briefing schedule, so long as the schedule provides at least two weeks between the filing of the reply and the hearing date.
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Page 3 | Time for Filing and Hearing Motions
Chambers Communication Rules
Counsel must advise CRD of requests to discuss matters outside jury presence during trial.
During trial, if there are any matters to be discussed outside the presence of the jury, counsel must advise the CRD of the request.
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Counsel must address all remarks to the Court.
Counsel should address all remarks to the Court. Counsel are not to...
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Transcript orders must be placed through court reporter Pat Cuneo at www.patcuneo.com.
All orders for transcripts must be ordered through the court reporter, Pat Cuneo, who can be contacted through www.patcuneo.com.
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Counsel must advise court of concerns/accommodations for parties/witnesses before trial begins.
Before trial begins, the Court will give counsel an opportunity to discuss administrative matters and anticipated procedural or legal issues. Before trial begins, and as soon as the information becomes available to counsel, counsel should advise the court of any concerns or accommodations that are requested for parties or witnesses.
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Parties must notify the Court of resolution, withdrawal, or non-opposition at least seven days before the hearing.
If the parties are able to resolve the issue, or if a party intends to withdraw or declines to oppose a motion, the Court must be notified as soon as possible, but no later than seven days before the hearing date.
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Page 3 | Time for Filing and Hearing Motions
Ex parte contact with chambers is prohibited unless initiated by chambers.
Counsel must not attempt to contact the Court or its Chambers staff by telephone or by any other ex parte means unless contact has been first initiated by Chambers staff.
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Page 7 | Communications with Chambers
Submit separate version of witness list and joint exhibit list to chambers email in Word format.
A separate version of the witness list containing only the names of the witnesses and a separate column to insert the dates on which the witness testified, and the joint exhibit list, must be submitted to the Chambers email box in Word format.
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Page 4 | D. PRETRIAL CONFERENCE
Email chambers with PDF application, Notice of Manual Filing, Word/WP proposed order, and PDF sealed documents with “UNDER SEAL” caption.
Send an e-mail to the chambers generic e-mail at DSF_Chambers@cacd.uscourts.gov, which contains the PDF version of the application to seal, the Notice of Manual Filing, the Word or WP version of the proposed order (with the language set forth 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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Email chambers with PDF application, declaration, proof of service, Word/WP proposed order, and PDF sealed documents with “UNDER SEAL” caption.
Once the documents have been electronically filed, send an e-mail to the chambers generic e-mail at DSF_chambers@cacd.uscourts.gov. Counsel are reminded to comply with Local Rule 5-4.4.2 by submitting the PDF version of the application and declaration, along with proof of service, and a Word or WP version of the proposed order (with the language set forth above). Included with this email must be the Adobe PDF version of the document(s) to be filed under seal with a caption page clearly marked “UNDER SEAL.” NOTE: The subject line of the e-mail should have the case number, plus the words “UNDER SEAL REQUEST.”
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Schedule may extend beyond normal hours; counsel must notify court of witness unavailability at pretrial conference.
When necessary, trials may continue beyond the normal schedule. If counsel contemplate that this schedule will be problematic due to the unavailability of witnesses, counsel should provide details to the Court at the pretrial conference.
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Counsel must anticipate and address matters outside jury presence during designated times; court won't delay jury for unprepared counsel.
All counsel are urged to anticipate matters that may need to be addressed outside of the presence of the jury and to raise them during this period or at the end of the day. The Court does not make jurors wait while counsel discuss matters that should have been addressed previously.
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Counsel must not approach CRD or witness box without permission; must return to lectern after; must not question at witness stand.
Counsel should not approach the CRD or the witness box without specific permission. If permission is given, counsel should return to the lectern when the purpose has been accomplished. Counsel should not question a witness at the witness stand.
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Counsel must immediately notify the Court if the case or any pending matter is resolved.
Counsel must advise the Court immediately if the case or any pending matter has been resolved.
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Counsel must advise CRD of matters to discuss outside jury presence; sidebars discouraged unless issue can't wait for break.
During trial, if there are any matters to be discussed outside the presence of the jury, counsel shall advise the CRD of the request. The Court discourages sidebars during trial, unless the issue cannot be resolved at an upcoming break.
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Settlement must be reported immediately to the CRD and a notification sent to the Chambers email box.
If settlement is reached, it must be reported immediately to the courtroom deputy clerk (CRD) as required by Local Rule 16-15.7 regardless of the day or time settlement is reached. In addition, counsel must immediately send a notification of settlement to the Chambers email box.
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Page 5 | ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES/NOTICE OF SETTLEMENT
At least one week before trial, counsel must email to Chambers a glossary, witness list, and joint exhibit list in Word format.
At least one week before trial, counsel must send to the Chambers email box in Word format: a. A case-specific glossary for the court reporter that includes applicable medical, scientific, or technical terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/entities involved in the case, names of people interviewed/deposed, names of family members, friends, or others who might be mentioned, and other case-specific terminology; b. The party's witness list, with a column to add the date on which the witness testified; c. The joint exhibit list in the form specified in Local Rule 16-6. An annotated exhibit list identifying the exhibits to be received into evidence at the start of the trial must also be provided.
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Page 6 | GLOSSARY, TRIAL EXHIBITS, WITNESS LISTS, ETC.
Moving party must email electronic Joint Statement to chambers ECF inbox.
the moving party shall email an electronic version of the Joint Statement to this Court’s chambers ECF email inbox.
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Page 4 | Joint Statement
Advise court of accommodations before trial; discourage sidebars unless necessary.
Before trial begins, and as soon as the information becomes available to counsel, counsel should advise the court of any concerns or accommodations that are requested for parties or witnesses. During trial, if there are any matters to be discussed outside the presence of the jury, counsel shall advise the CRD of the request. The Court discourages sidebars during trial, unless the issue cannot be resolved at an upcoming break.
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Do not make jurors wait; address issues during breaks or at end of day.
The Court does not make jurors wait while counsel discuss matters that should or could have been addressed at other times. Counsel are urged to consider any unusual substantive or evidentiary issues that may arise, and to advise the Court of such issues. Short briefs addressing such disputed issues are welcome.
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Review magistrate judge's motion requirements for timely filing.
The parties should review carefully any motion requirements of the assigned magistrate judge to ensure that motions are made timely.
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Counsel may contact the courtroom deputy clerk by email for appropriate inquiries.
Counsel may contact the courtroom deputy clerk with appropriate inquiries. The preferred method of communication with the courtroom deputy clerk is email.
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Page 7 | Communications with Chambers
Legal/administrative matters: 8:30-9:00 on jury selection day, 7:45-8:00 thereafter.
On the day of jury selection, the Court reserves the time from 8:30 a.m. to 9:00 a.m. to handle legal and administrative matters. Jury selection will begin promptly at 9:00 a.m. or as soon as jurors are available. Thereafter, legal and administrative matters will be addressed between 7:45 a.m. and 8:00 a.m.
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