Judge David O. Carter
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
All filings
- Hand Delivery • Upon Filing
Courtesy copies
- Hand Delivery
Adjournments
- Court strongly disfavors date changes; continuances require detailed explanation with compelling factual support; stipulations are not effective until court orders.
- Date changes are disfavored, trial dates are firm, and the Court may advance trial by up to two weeks.
- Any continuance or extension request must include a detailed explanation of its grounds.
- +10 more
Request must include
- Motion timing requirements: 28 days (31 by mail) for notice/moving papers, 21 days for opposition, 14 days for reply, with automatic extensions for continuances.
- Notice of motion and moving papers must be filed and served 28 days before hearing (31 days if served by mail)
- Motions must be filed/served 28 days before hearing (31 days if by mail).
- Filing party must provide interested party with proposed sealing application at least 2 business days before filing.
- Filing party must provide interested party with proposed seal application at least 2 business days before filing
- Ex parte applications require compliance with Local Rules 7-19/7-19.1 and must notify opposition of 24-hour deadline for opposing papers.
- Moving party must notify opposition that opposing papers must be filed within 24 hours of ex parte service
- Opposing papers must be filed 21 days before the hearing date
- Reply papers must be filed 14 days before the hearing date
- Motions in limine must be filed 11 days before FPTC; oppositions due 7 days before FPTC.
- Discovery must be completed by cut-off date; depositions must commence at least 5 working days prior; written discovery must be served at least 45 days prior.
Communication
Chambers
Phone
Chambers, Clerk
Letter via ECF
Magistrate Judge
Other
Clerk
Page & Word Limits1 rule
Machine summary. Not checked yet.Mandatory?
Rule 7-10: Reply papers, if any, shall be filed fourteen (14) calendar days before the hearing date.
Summary: Reply papers must be filed 14 calendar days before the hearing date.
Reply
Document Format Requirements18 rules
Machine summary. Not checked yet.Mandatory?
The form of the proposed Final Pretrial Conference Order shall be in conformity with the format set forth in Appendix A to Local Rules.
Summary: Proposed FPTCO must follow format in Appendix A to Local Rules.
Machine summary. Not checked yet.Mandatory?
The opposing party may also specify additional material facts that bear on or relate to the issues raised by the moving party, which shall follow the same two column format described above for the moving party’s Statement of Uncontroverted Facts. These additional facts shall continue in sequentially numbered paragraphs (i.e., if the moving party’s last allegedly undisputed fact was set forth as ¶ 30, then the first new allegedly undisputed fact specified by the opposing party shall be set forth as ¶ 31).
Summary: Opposing party may add additional facts in two-column format with sequential numbering.
Machine summary. Not checked yet.Mandatory?
All exhibits will be placed in loose leaf binders which are tabbed down the right side with exhibit numbers. The spine of the binder is to be marked with the case name and number and the numbers of the exhibits contained therein.
Summary: Exhibits must be in loose leaf binders with tabs and marked spine.
Machine summary. Not checked yet.Mandatory?
The first part of the opposing party’s Statement of Genuine Disputes shall track the moving party’s Statement of Uncontroverted Facts. It shall be set forth in a two column format. The left hand column shall restate the allegedly undisputed fact and supporting evidence, and the right hand column shall state either that the fact is undisputed or disputed. The opposing party may dispute all or only a portion of the allegedly undisputed fact, but if disputing only a portion, the opposing party must specify clearly what portion is being disputed.
Summary: Opposing party's statement must use two-column format tracking moving party's facts.
Machine summary. Not checked yet.Mandatory?
Evidence in support of or in opposition to a motion shall be presented to the Court in a way that makes it easy for the Court to find cited evidence. For instance, the parties should make generous use of tabs and indices for hard copies of exhibits. The parties should highlight the testimony or portions of exhibits on which they are relying.
Summary: Evidence must be organized with tabs, indices, and highlighting for easy court access.
Machine summary. Not checked yet.Mandatory?
The uncontroverted facts shall be set forth in a two column format. The left hand column shall set forth the allegedly undisputed fact. The right hand column shall set forth the evidence that supports the factual statement. The fact statements shall be set forth in sequentially numbered rows. Each cell should contain a narrowly focused statement of fact, and address a single subject in as concise a manner as possible.
Summary: Summary judgment moving party must use two-column format for uncontroverted facts.
Machine summary. Not checked yet.Mandatory?
The first part of the opposing party’s Statement of Genuine Disputes shall track the moving party’s Statement of Uncontroverted Facts. It shall be set forth in a two column format. The left hand column shall restate the allegedly undisputed fact and supporting evidence, and the right hand column shall state either that the fact is undisputed or disputed.
Summary: Opposing party's Statement of Genuine Disputes must use a two-column format tracking the moving party's SUF, with left column restating fact and evidence and right column indicating disputed or undisputed.
Machine summary. Not checked yet.Mandatory?
The uncontroverted facts shall be set forth in a two column format. The left hand column shall set forth the allegedly undisputed fact. The right hand column shall set forth the evidence that supports the factual statement. The fact statements shall be set forth in sequentially numbered rows. Each cell should contain a narrowly focused statement of fact, and address a single subject in as concise a manner as possible.
Summary: Moving party's Statement of Uncontroverted Facts must use a two-column format with sequentially numbered rows, each cell addressing a single subject concisely.
Machine summary. Not checked yet.Mandatory?
The moving party, in its reply, shall respond to the additional allegedly undisputed facts in the same manner and format that the opposing party is required to adhere to in responding to the moving party’s Statement of Uncontroverted Facts, as described above.
Summary: Moving party's reply must respond to additional facts using the same two-column format as the opposing party's SGD.
Machine summary. Not checked yet.Important?
Evidence in support of or in opposition to a motion shall be presented to the Court in a way that makes it easy for the Court to find cited evidence.
Summary: Evidence must be presented in a manner that facilitates easy reference by the Court.
Machine summary. Not checked yet.Important?
The form of the proposed Final Pretrial Conference Order shall be in conformity with the format set forth in Appendix A to Local Rules.
Summary: Proposed FPTCO must follow the format in Appendix A of the Local Rules.
Machine summary. Not checked yet.Important?
The spine of the binder is to be marked with the case name and number and the numbers of the exhibits contained therein. ... tagged with the appropriate exhibit tags in the upper right-hand corner of the first page of each exhibit. ... exhibit tags (yellow for plaintiff and blue for defendant)
Summary: Exhibit binders must have spine marked with case name/number and exhibit numbers; each exhibit page must be tagged in upper right corner with color-coded tags (yellow for plaintiff, blue for defendant).
Machine summary. Not checked yet.Note?
generous use of tabs and indices for hard copies of exhibits. The parties should highlight the testimony or portions of exhibits on which they are relying.
Summary: Hard copies of exhibits should include tabs and indices; parties should highlight relevant portions.
Machine summary. Not checked yet.Note?
The parties should submit their proposed findings of fact and conclusions of law (preferably in Word format) to the Court at DOC_Chambers@cacd.uscourts.gov.
Summary: Proposed findings of fact and conclusions of law should be submitted in Word format.
DOCX
Machine summary. Not checked yet.Note?
In addition, parties should bring copies of their proposed jury instruction, printed on single-sided paper, with them on the first day of trial.
Summary: Parties should bring single-sided printed copies of proposed jury instructions on the first day of trial.
Machine summary. Not checked yet.Note?
Both parties should submit their proposed jury instructions (preferably in Word format) to the Court at DOC_Chambers@cacd.uscourts.gov.
Summary: Proposed jury instructions should be submitted in Word format.
DOCX
Machine summary. Not checked yet.Note?
Parties should also submit their joint exhibit list (in Word format) to the Court at DOC_Chambers@cacd.uscourts.gov.
Summary: Joint exhibit list should be submitted in Word format.
DOCX
Machine summary. Not checked yet.Note?
The parties should submit the proposed verdict form (in Word format) to the Court at DOC_Chambers@cacd.uscourts.gov.
Summary: Proposed verdict form should be submitted in Word format.
DOCX
Document Filing Requirements75 rules
Machine summary. Not checked yet.Mandatory?
Plaintiff’s counsel or plaintiff (if appearing on his or her own behalf) shall immediately serve this Order on all parties, including any new parties to the action. If this case came to the Court by a Notice of Removal, the removing defendant(s) shall serve this Order on all other parties.
Summary: Plaintiff's counsel or plaintiff must serve this order on all parties; removing defendants must serve if case came by removal.
Document Type
Order
Machine summary. Not checked yet.Mandatory?
ALWAYS deliver the mandatory chambers copies of under seal documents to the intake section of the Clerk's Office in Santa Ana. DO NOT deliver mandatory chambers copies of under seal documents to Judge Carter's drop box on the 9th Floor.
Summary: Deliver chambers copies to Clerk's Office intake in Santa Ana, not Judge Carter's 9th floor drop box.
Document Type
Sealing Application
Machine summary. Not checked yet.Mandatory?
The filer will deliver the following documents to the intake window: one conformed copy of the application, one copy of the proposed order, and one copy of the proposed under seal document. (These are the Court's mandatory chambers copies). NO envelopes are used. The intake clerk will put a red sheet of paper (under seal filing) on top of the papers and put the stack into the Judge's box at Intake. The intake clerk will not stamp or review the papers.
Summary: Deliver 1 conformed application copy, 1 proposed order copy, and 1 under seal document copy to intake window without envelopes.
Document Type
Sealing Application
Machine summary. Not checked yet.Mandatory?
After the Court rules on the application, the courtroom deputy will e-mail conformed copies of the necessary documents to the filer.* The filer is required to serve copies of the conformed under seal documents on all other parties, as necessary, and file a proof of service within 24 hours of the courtroom deputy returning the conformed copies of the documents.
Summary: Serve conformed under seal documents on all parties and file proof of service within 24 hours after court rules.
Document Type
Sealing Application
Machine summary. Not checked yet.Mandatory?
After the Court rules on the application, the courtroom deputy will e-mail conformed copies of the documents to the filer.* The filer is required to serve copies of the conformed under seal documents on all other parties, as necessary, and file a proof of service within 24 hours of the courtroom deputy returning the conformed copies of the documents.
Summary: Serve conformed under seal documents on all parties and file proof of service within 24 hours after court rules.
Document Type
Sealing Application
Machine summary. Not checked yet.Mandatory?
The filer delivers the following documents to the intake window: one copy of the application, one copy of the proposed order, one copy of the proposed under seal document, and the Notice of Manual Filing. (These are the Court's mandatory chambers copies). NO envelopes are used. The intake clerk will put a red sheet of paper (under seal filing) on top of the papers and put the stack into the Judge's box at intake. The Intake Clerk will not stamp or review the papers.
Summary: Deliver 1 application copy, 1 proposed order copy, 1 under seal document copy, and Notice of Manual Filing to intake window without envelopes.
Document Type
Sealing Application
Machine summary. Not checked yet.Mandatory?
ALWAYS deliver the mandatory chambers copies of under seal documents to the intake section of the Clerk's Office in Santa Ana, DO NOT deliver mandatory chambers copies of under seal documents to Judge Carter's drop box on the 9th Floor.
Summary: Deliver chambers copies to Clerk's Office intake in Santa Ana, not Judge Carter's 9th floor drop box.
Document Type
Sealing Application
Machine summary. Not checked yet.Mandatory?
Under no circumstances should counsel, or a party if the party is appearing pro se, fail to appear at a court appearance unless their appearance has been waived by prior order of the Court. Even if a settlement has been reached, counsel for all parties, or the party if appearing pro se, must appear at court appearances until a stipulation of dismissal signed by all parties has been lodged with the Court.
Summary: Mandatory in-person appearance required at all court appearances until stipulation of dismissal is filed, even if settlement reached.
Document Type
Stipulation Of Dismissal
Machine summary. Not checked yet.Mandatory?
Ex parte applications that fail to conform to Local Rule 7-19 and 7-19.1, including a statement of opposing counsel’s position, will not be considered except on a specific showing of good cause.
Summary: Ex parte applications must comply with Local Rules 7-19/7-19.1 and include opposing counsel’s position, absent specific good cause.
Document Type
Ex Parte Application
Machine summary. Not checked yet.Mandatory?
Ex parte applications that fail to conform to Local Rule 7-19 and 7-19.1, including a statement of opposing counsel’s position, will not be considered except on a specific showing of good cause.
Summary: Ex parte applications must conform to Local Rules 7-19 and 7-19.1 and include opposing counsel's position
Document Type
Ex Parte Application
Machine summary. Not checked yet.Mandatory?
Counsel should list their email addresses and phone numbers on their papers in order to facilitate communication by the Courtroom Deputy Clerk.
Summary: Counsel must include contact information on their papers.
Document Type
General
Machine summary. Not checked yet.Mandatory?
If settlement is reached at any time in this litigation, the parties shall immediately notify the Court by telephone, email, or by filing a notice of settlement. Local Rule 40-2.
Summary: Parties must immediately notify court of settlement by phone, email, or notice filing.
Document Type
Notice Of Settlement
Machine summary. Not checked yet.Mandatory?
Declaration setting forth competent evidence explaining why the document(s) should be filed under seal.
Summary: A declaration with competent evidence is required to justify filing documents under seal.
Document Type
Sealing Declaration
Machine summary. Not checked yet.Mandatory?
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
Machine summary. Not checked yet.Mandatory?
if you are the party that has designated a document confidential pursuant to a protective order, L.R. 79-5.2.2(b)(i) requires you to file a Declaration explaining why the documents should be filed under seal.
Summary: A party that designated a document as confidential under a protective order must file a Declaration explaining why it should be sealed.
Document Type
Declaration In Support Of Sealing
Machine summary. Not checked yet.Mandatory?
Any document filed under seal must also be linked to the court order granting permission to so file.
Summary: Sealed documents must be linked to the court order granting permission to file under seal.
Document Type
Sealed Document
Machine summary. Not checked yet.Mandatory?
Once leave to file a document under seal has been granted, the party that requested leave to file under seal must proceed to file the document. ... 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. For instance, if you obtain leave to file a motion to dismiss under seal, you must then file your motion to dismiss, using the 'Sealed Motion' event under the 'Under Seal Filing Events' menu, following the instructions set forth below at page 22. Likewise, if you obtain leave to file an exhibit to a summary judgment motion under seal, you must then proceed to file your summary judgment motion using a regular motion event, then file the sealed exhibit using the 'Sealed Document' event on the 'Under Seal Filing' menu, and link it to your summary judgment motion, following the instructions set forth below at page 15.
Summary: After obtaining leave, the party must file the sealed document using the appropriate event from the 'Under Seal Filing Events' menu; failure to do so may result in inability to rely on the document.
Document Type
Sealed Document
Machine summary. Not checked yet.Mandatory?
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
Machine summary. Not checked yet.Mandatory?
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: Sealed documents must be marked with the phrase 'FILED UNDER SEAL PURSUANT TO ORDER OF THE COURT DATED ______.'
Document Type
Sealed Document
Machine summary. Not checked yet.Mandatory?
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 include a declaration, proposed order, redacted version (if partial), and unredacted version.
Document Type
Application For Leave To File Under Seal
Machine summary. Not checked yet.Mandatory?
Remember that this text will be publicly visible, so do not include confidential information here.
Summary: When filing a sealed document, the caption must not contain confidential information because it is publicly visible.
Document Type
Sealed Document
Machine summary. Not checked yet.Mandatory?
The parties are hereby ordered to appear before this Court for a Scheduling Conference on the above-listed date and time, pursuant to Federal Rule of Civil Procedure 16(b).
Summary: Scheduling conference required under FRCP 16(b).
Document Type
Scheduling Conference
Machine summary. Not checked yet.Mandatory?
The parties shall file their Rule 26(f) report with the Court no later than fourteen (14) days prior to the Scheduling Conference set by the Court.
Summary: Rule 26(f) report due 14 days before scheduling conference.
Document Type
Rule 26f Report
Machine summary. Not checked yet.Mandatory?
The report shall contain the following: (1) a short factual summary of the case and of claims and defenses; (2) a short synopsis of the principal issues in the case; (3) a statement of whether parties are likely to be added and whether the pleadings are likely to be amended
Summary: Rule 26(f) report must include case summary, issues, and amendment likelihood.
Document Type
Rule 26f Report
Machine summary. Not checked yet.Mandatory?
Counsel should note that the Court requires all motions to join other parties, including Doe or Roe defendants, or to amend the pleadings to be filed and served before the Rule 26(f) conference.
Summary: Motions to join parties or amend pleadings must be filed before Rule 26(f) conference.
Document Type
Motion To Join Parties
Machine summary. Not checked yet.Mandatory?
Counsel shall confer pursuant to Federal Rule of Civil Procedure 26(f). This conference shall occur at least twenty-one (21) days before the Scheduling Conference set by the Court.
Summary: Rule 26(f) conference required at least 21 days before scheduling conference.
Document Type
Rule 26f Conference
Machine summary. Not checked yet.Mandatory?
Plaintiff shall serve a copy of this Order on any as-yet unserved Defendants when Plaintiff serves the Complaint on them.
Summary: Plaintiff must serve copy of order on unserved defendants when serving complaint.
Document Type
Order
Machine summary. Not checked yet.Mandatory?
Under no circumstances should counsel, or a party if the party is appearing pro se, fail to appear at the scheduling conference unless the appearance has been waived by prior order of the Court.
Summary: Failure to appear at scheduling conference is prohibited unless waived by court order.
Document Type
Scheduling Conference
Machine summary. Not checked yet.Mandatory?
The Memoranda of Contentions of Fact and Law are due twenty-one (21) days before the FPTC and the proposed FPTCO is to be lodged eleven (11) days before the FPTC.
Summary: Memoranda of Contentions due 21 days before FPTC; proposed FPTCO due 11 days before.
Document Type
Memorandum Of Contentions Of Fact And Law
Machine summary. Not checked yet.Mandatory?
In addition to filing statements of fact, the Parties should email the Statement of Uncontroverted Facts and Statement of Genuine Disputes in Word or Excel format to DOC_Chambers@cacd.uscourts.gov.
Summary: Statements of fact must be emailed to chambers in Word or Excel format.
Document Type
Statement Of Uncontroverted Facts
Machine summary. Not checked yet.Mandatory?
At least seven (7) days prior to trial, the parties shall prepare a joint statement of the case which will be read by the Court to the prospective panel of jurors prior to the commencement of voir dire.
Summary: Joint statement of the case required 7 days before trial.
Document Type
Joint Statement Of Case
Machine summary. Not checked yet.Mandatory?
To demonstrate that a fact is disputed, the opposing party shall briefly state why it disputes the moving party’s allegedly undisputed fact, cite to the relevant exhibit or other evidence controverting the allegedly undisputed fact, and describe what it is in that exhibit or evidence that controverts the allegedly undisputed fact.
Summary: Opposing party must explain why disputed facts are controverted with citations.
Document Type
Statement Of Genuine Disputes
Machine summary. Not checked yet.Mandatory?
At least seven (7) days prior to trial, the parties shall file their proposed verdict forms.
Summary: Proposed verdict forms due 7 days before trial.
Document Type
Proposed Verdict Form
Machine summary. Not checked yet.Mandatory?
At least seven (7) days prior to trial, each party shall file and serve on opposing parties any special questions requested to be put to prospective jurors on voir dire.
Summary: Special voir dire questions must be filed and served 7 days before trial.
Document Type
Special Voir Dire Questions
Machine summary. Not checked yet.Mandatory?
The exhibits are to be numbered in accordance with Local Rule 26-3. Counsel may obtain exhibit tags (yellow for plaintiff and blue for defendant) at the Clerk's Office, Intake Window.
Summary: Exhibits numbered per Local Rule 26-3; tags available at Clerk's Office.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
No legal argument shall be set forth in this document.
Summary: No legal arguments allowed in Statement of Genuine Disputes.
Document Type
Statement Of Genuine Disputes
Machine summary. Not checked yet.Mandatory?
Two binders will be prepared: (1) an original for the Clerk, which will be tagged with the appropriate exhibit tags in the upper right-hand corner of the first page of each exhibit, and (2) one copy for the Court.
Summary: Two binders required: one for Clerk (tagged) and one for Court.
Document Type
Exhibit Binders
Machine summary. Not checked yet.Mandatory?
Exhibits are to be delivered to the Courtroom Deputy Clerk not later than 8:30 a.m. on the first day of trial.
Summary: Exhibits must be delivered to Courtroom Deputy Clerk by 8:30 AM on first day of trial.
Document Type
Exhibits
Machine summary. Not checked yet.Mandatory?
If a deposition is cited extensively, the parties should lodge a copy of the deposition transcript with the Court.
Summary: Extensive deposition citations require lodging transcript with court.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Proposed jury instructions must be filed seven (7) days prior to trial, in accordance with Local Rule 51. Parties should cite relevant authorities for each instruction, e.g., CACI, Ninth Cir. Model Jury Instructions. The parties should exchange proposed jury instructions and agree as much as possible on the necessary instructions before filing them with the Court.
Summary: Proposed jury instructions due 7 days before trial with citations.
Document Type
Proposed Jury Instructions
Machine summary. Not checked yet.Mandatory?
The parties shall serve and lodge proposed findings of fact and conclusions of law at least seven (7) days prior to trial and in accordance with Local Rule 52.
Summary: Proposed findings of fact and conclusions of law due 7 days before trial.
Document Type
Proposed Findings Conclusions
Machine summary. Not checked yet.Mandatory?
If the opposing party objects to the evidence supporting an allegedly undisputed fact, the party shall state in the right hand column the presence of that objection, by simply stating “Evidentiary Objection.” The specific grounds of each objection should be included in a separate table.
Summary: Evidentiary objections must be noted in right column and detailed in separate table.
Document Type
Statement Of Genuine Disputes
Machine summary. Not checked yet.Mandatory?
If a party disputes a fact based in whole or in part on an evidentiary objection, the party should file a separate document entitled “Objections to Evidence Offered in Support of [Party’s] [Motion/Opposition].” The Objections to Evidence should be filed in conjunction with the
Summary: Evidentiary objections require separate document filed with motion/opposition.
Document Type
Objections To Evidence
Machine summary. Not checked yet.Mandatory?
A joint exhibit list must be filed at least twenty-one (21) days prior to the Final Pretrial Conference in accordance with Local Rule 16-6.1.
Summary: Joint exhibit list due 21 days before FPTC.
Document Type
Joint Exhibit List
Machine summary. Not checked yet.Mandatory?
No legal argument shall be set forth in this document.
Summary: No legal argument is permitted in the Statement of Genuine Disputes.
Document Type
Statement Of Genuine Disputes
Machine summary. Not checked yet.Mandatory?
Compliance with the requirements of Local Rule 16 is required by the Court. Carefully prepared Memoranda of Contentions of Fact and Law (which may also serve as the trial brief) and a proposed Final Pretrial Conference Order ("FPTCO") shall be submitted in accordance
Summary: Memoranda of Contentions of Fact and Law and proposed FPTCO must be submitted in accordance with Local Rule 16.
Document Type
Memoranda Of Contentions Of Fact And Law
Machine summary. Not checked yet.Important?
Ex parte applications are solely for extraordinary relief and should be used with discretion. See Mission Power Eng’g Co. v. Continental Cas. Co., 883 F. Supp. 488 (C.D. Cal. 1995). In this Court’s experience, ex parte applications “are nearly always improper.” In re Intermagnetics Am., Inc., 101 B.R. 191, 192-93 (C.D. Cal. 1989). The Federal Rules of Civil Procedure and Local Rules “contemplate that regular noticed motions are most likely to produce a just result.” Mission Power, 883 F. Supp. at 491.
Summary: Ex parte applications are for extraordinary relief only and are nearly always improper
Document Type
Ex Parte Application
Machine summary. Not checked yet.Important?
Litigants who are entitled to a jury trial and who wish to have a jury trial are reminded to file and serve a jury demand in accordance with Federal Rule of Civil Procedure 38.
Summary: Parties seeking a jury trial must file and serve a jury demand under Rule 38.
Document Type
Jury Demand
Machine summary. Not checked yet.Important?
Counsel should list their email addresses and phone numbers on their papers in order to facilitate communication by the Courtroom Deputy Clerk.
Summary: Counsel should include email addresses and phone numbers on their papers to facilitate court communication.
Document Type
Court Papers
Machine summary. Not checked yet.Important?
After the parties have selected these dates, continuances are rarely granted due to the Court's heavy case load and in fairness to other litigants before the Court.
Summary: Continuances are rarely granted after dates are selected due to court's heavy caseload.
Document Type
Joint Rule 26f Report
Machine summary. Not checked yet.Important?
A report that does not comply with Rule 26(f) and this Order may subject the party or parties responsible to sanctions under Local Rule 83-7.
Summary: Non-compliant reports may result in sanctions under Local Rule 83-7.
Document Type
Joint Rule 26f Report
Filing & Service rules
Electronic Filing Rules
Attorneys must electronically file sealed documents in public/non-sealed civil cases using CM/ECF.
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
In cases where the entire case is under seal, all documents must be filed in paper.
continue to file all documents in paper in any case in which the entire case is under seal.
Machine summary. Not checked yet. · Civil cases
Page 3 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
Pro se parties must file sealed documents in paper; e-filing of sealed documents is not permitted for pro se parties.
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
If e-filing fails due to technical failure, file paper copies in sealed envelopes with title page and 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
Must use specific ECF events: 'Leave to File Under Seal' for public documents and 'Sealed Declaration in Support' for sealed documents.
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”).
Machine summary. Not checked yet. · Civil cases
Page 7 | APPLICATION FOR LEAVE TO FILE UNDER SEAL: SCREEN-BY-SCREEN INSTRUCTIONS
When filing a sealed document, the upload screen must turn red to confirm the filing will be under seal; 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 Document again.
Machine summary. Not checked yet. · Civil cases
Page 19 | SEALED CIVIL DOCUMENTS
Sealed documents in criminal cases must be filed in paper unless the assigned judge's standing orders direct otherwise.
continue to file sealed documents in criminal cases in paper, or as otherwise directed by your assigned judge's standing orders.
Machine summary. Not checked yet. · Civil cases
Page 3 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
Filing Timing and Cure Windows
Discovery motions must be filed and served within 5 days after the discovery cut-off date.
Any motion regarding the inadequacy of responses to discovery must be filed and served no later than five (5) days after the discovery cut-off date.
Machine summary. Not checked yet. · Civil cases
Page 3 | Discovery Cut-Off
All motions except motions in limine must be resolved before the Final Pretrial Conference.
All motions (except motions in limine dealing with admissibility of evidence) must be disposed of before the Final Pretrial Conference.
Machine summary. Not checked yet. · Civil cases
Page 4 | Motions for Summary Judgment
Opposing papers must be filed 21 calendar days before hearing.
Opposing papers shall be filed twenty-one (21) calendar days before the hearing date;
Machine summary. Not checked yet. · Civil cases
Page 4 | Motions Generally
Reply papers must be filed 14 calendar days before hearing.
Reply papers, if any, shall be filed fourteen (14) calendar days before the hearing date.
Machine summary. Not checked yet. · Civil cases
Page 4 | Motions Generally
Moving papers must be filed and served 28 days before hearing (31 days if served by mail).
Notice of motion and the moving papers must be filed and served twenty-eight (28) days before the noticed hearing date, unless the notice is served by mail, in which case service is required thirty-one (31) days prior to the noticed hearing date;
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Page 4 | Motions Generally
Memoranda of Contentions of Fact and Law must be filed 21 days before the Final Pretrial Conference.
The Memoranda of Contentions of Fact and Law are due twenty-one (21) days before the FPTC
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Page 9 | Pretrial Conference
Oppositions to motions in limine must be filed 7 days before the Final Pretrial Conference.
Oppositions to motions in limine must be filed no later than seven (7) days prior to the FPTC.
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Page 9 | B. Motions in Limine
Motions in limine must be filed 11 days before the Final Pretrial Conference.
All motions in limine must be filed eleven (11) days prior to the FPTC.
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Page 9 | B. Motions in Limine
Proposed Final Pretrial Conference Order must be lodged 11 days before the FPTC.
the proposed FPTCO is to be lodged eleven (11) days before the FPTC
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Page 9 | Pretrial Conference
Special voir dire questions must be filed and served at least 7 days before trial.
At least seven (7) days prior to trial, each party shall file and serve on opposing parties any special questions requested to be put to prospective jurors on voir dire.
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Page 10 | B. Voir Dire (Jury Trials)
Parties must prepare a joint statement of the case at least 7 days before trial.
At least seven (7) days prior to trial, the parties shall prepare a joint statement of the case which will be read by the Court to the prospective panel of jurors prior to the commencement of voir dire.
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Page 10 | A. Statement of the Case (Jury Trials)
Proposed findings of fact and conclusions of law must be served and lodged at least 7 days before trial.
The parties shall serve and lodge proposed findings of fact and conclusions of law at least seven (7) days prior to trial and in accordance with Local Rule 52.
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Page 10 | D. Findings of Fact and Conclusions of Law (Bench Trials)
Exhibits must be delivered to the Courtroom Deputy Clerk by 8:30 a.m. on the first day of trial.
Exhibits are to be delivered to the Courtroom Deputy Clerk not later than 8:30 a.m. on the first day of trial.
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Page 10 | F. Exhibits
Proposed verdict forms must be filed at least 7 days before trial.
At least seven (7) days prior to trial, the parties shall file their proposed verdict forms.
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Page 10 | E. Proposed Verdict Form
Joint exhibit list must be filed at least 21 days before the Final Pretrial Conference.
A joint exhibit list must be filed at least twenty-one (21) days prior to the Final Pretrial Conference in accordance with Local Rule 16-6.1.
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Page 10 | F. Exhibits
Proposed jury instructions must be filed 7 days before trial.
Proposed jury instructions must be filed seven (7) days prior to trial, in accordance with Local Rule 51.
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Page 10 | C. Proposed Jury Instructions (Jury Trials)
Service and Proof of Service Rules
Sealed documents must be served on opposing counsel by other means (not via NEF); certificate of service required; copy of NEF should be served with sealed document.
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 because they are not accessible through the NEF.
Note, however, that while all case participants will receive a NEF, sealed documents 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, 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 e-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 NEF and serve with sealed document) because they are not accessible through the NEF.
Note, however, that while all case participants will receive a NEF, sealed documents 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 30 | SEALED CIVIL DOCUMENTS
Sealed documents must be served by other means because they are not accessible through the NEF; print the NEF and serve it with the sealed document on opposing counsel.
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
Courtesy Copy Requirements
Chambers copies of under seal documents must be delivered to Clerk’s Office intake in Santa Ana, not Judge Carter’s drop box
ALWAYS deliver the mandatory chambers copies of under seal documents to the intake section of the Clerk’s Office in Santa Ana. DO NOT deliver mandatory chambers copies of under seal documents to Judge Carter’s drop box on the 9th Floor.
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Page 3 | Chambers Copy Requirements
Mandatory chambers copies of sealed documents must be 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
If the Application for Leave for In Camera Review is granted, the filer must deliver copies of the documents directly to the judge's chambers per the judge's procedures.
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 & Redaction Procedures
Sealing requires showing good cause for non-dispositive motions and compelling reasons for dispositive motions.
There is a strong presumption that the public has a right of access to records in civil cases. For non-dispositive motions, the party seeking to maintain the confidentiality of the document(s) or portions thereof must show good cause. For dispositive motions, the party seeking protection must articulate compelling reasons for maintaining the confidentiality of the document(s) and must seek relief that is narrowly tailored to the protected interest.
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Page 4 | VII. Applications to File Documents Under Seal
Protective Orders or Confidentiality Orders do not authorize sealing; applications based solely on them will be denied.
The existence of a Protective Order, a Stipulated Confidentiality Order, or the like, issued by the assigned Magistrate Judge relating to the treatment of documents produced during discovery, does not constitute a court Order permitting an under seal filing. An application to seal that is based solely on the existence of such an Order will be summarily denied.
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Page 4 | VII. Applications to File Documents Under Seal
Documents must be filed with redactions unless redaction is not feasible; redactions must be highlighted in sealed version.
No document will be filed under seal in its entirety unless it is shown in the application that it is not feasible to file a redacted version for public viewing. Any proposed redactions must be highlighted in the under seal version of the document so that the Court may readily determine what information the party or parties seek to maintain as confidential.
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Page 4 | VII. Applications to File Documents Under Seal
Written application and prior court approval required for filing documents under seal.
In accordance with Local Rule 79-5.1, absent authorization by rule or statute, no case or document(s) may be filed under seal without written application to, and prior approval by, the Court.
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Page 4 | VII. Applications to File Documents Under Seal
Applications to seal based only on a protective or confidentiality order will be summarily denied.
An application to seal that is based solely on the existence of such an Order will be summarily denied.
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Page 4 | VII. Applications to File Documents Under Seal
A party seeking sealing must provide competent evidence supporting sealing.
Rather, the party must provide competent evidence explaining why the document(s) should be filed under seal.
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Page 4 | VII. Applications to File Documents Under Seal
Documents cannot be filed under seal in entirety unless redaction is not feasible; redactions must be highlighted
No document will be filed under seal in its entirety unless it is shown in the application that it is not feasible to file a redacted version for public viewing. Any proposed redactions must be highlighted in the under seal version of the document so that the Court may readily determine what information the party or parties seek to maintain as confidential.
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Page 4 | VII. Applications to File Documents Under Seal
Absent rule/statute authorization, sealed filing requires a written application and prior court approval.
In accordance with Local Rule 79-5.1, absent authorization by rule or statute, no case or document(s) may be filed under seal without written application to, and prior approval by, the Court.
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Page 4 | VII. Applications to File Documents Under Seal
Documents cannot be filed under seal without written application and prior Court approval
In accordance with Local Rule 79-5.1, absent authorization by rule or statute, no case or document(s) may be filed under seal without written application to, and prior approval by, the Court.
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Page 4 | VII. Applications to File Documents Under Seal
Entirely sealed filings are not permitted unless the application shows redaction is infeasible.
No document will be filed under seal in its entirety unless it is shown in the application that it is not feasible to file a redacted version for public viewing.
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Page 4 | VII. Applications to File Documents Under Seal
Leave of court is required before filing any sealed document, even if a statute or rule authorizes sealing.
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
Redacted documents must have only confidential portions redacted and include 'REDACTED' in the caption and docket text.
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.
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Page 6 | Filing a Redacted Document
Public documents (Application, proposed order, redacted versions) filed via 'Leave to File Under Seal' event; sealed documents (declaration, unredacted versions) filed via 'Sealed Declaration in Support' event.
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
The e-filing screen must turn red for sealed filings; if not, stop and restart the process.
The next screen 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 Declaration in Support again.
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Page 14 | SEALED CIVIL DOCUMENTS
A court order is required to file any sealed document; if not obtained, 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
Sealed documents must be linked to the order granting leave to file under seal during the e-filing process.
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
Sealed documents must be linked to an order granting leave to file under seal.
You must next link your Sealed Document to an Order granting leave to file the document under seal.
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Page 21 | SEALED CIVIL DOCUMENTS
To e-file a sealed motion, you must first obtain a court order granting leave to file 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 CIVIL DOCUMENTS
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 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.
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Page 26 | SEALED CIVIL DOCUMENTS
Sealed motions must be linked to a prior 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
When filing a sealed opposition, the upload screen must turn red; if it does 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. The next screen 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 Opposition again.
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Page 33 | SEALED CIVIL DOCUMENTS
A sealed opposition must be linked to a court order granting leave to seal; if no order exists, the filing cannot proceed.
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
A sealed reply may only be e-filed if a court order granting leave to file under 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 37 | SEALED REPLY: SCREEN-BY-SCREEN INSTRUCTIONS
The e-filing screen must turn red to confirm the document will be filed under seal; otherwise the process must stop.
If the screen does not turn red, STOP; your documents will not be filed under seal.
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Page 39 | SEALED CIVIL DOCUMENTS
A 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 publicly visible and must not contain confidential information or the documents to be reviewed.
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.
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Page 43 | APPLICATION FOR LEAVE FOR IN CAMERA REVIEW: SCREEN‐BY‐SCREEN INSTRUCTIONS
Under seal filing applications must state specific basis for protection and cannot rely solely on a protective order.
Applications for under seal filings must state with specificity the basis for protection and should not rely exclusively on the existence of a protective order.
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Page 3 | Protective Orders and Under Seal Filings
Strong presumption of public access to civil case records; different standards for non-dispositive vs dispositive motions
There is a strong presumption that the public has a right of access to records in civil cases. For non-dispositive motions, the party seeking to maintain the confidentiality of the document(s) or portions thereof must show good cause. For dispositive motions, the party seeking protection must articulate compelling reasons for maintaining the confidentiality of the document(s) and must seek relief that is narrowly tailored to the protected interest. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010).
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Page 4 | VII. Applications to File Documents Under Seal
Protective Orders or Confidentiality Orders do not permit under seal filings; applications based solely on these will be denied
The existence of a Protective Order, a Stipulated Confidentiality Order, or the like, issued by the assigned Magistrate Judge relating to the treatment of documents produced during discovery, does not constitute a court Order permitting an under seal filing. An application to seal that is based solely on the existence of such an Order will be summarily denied.
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Page 4 | VII. Applications to File Documents Under Seal
Proposed redactions must be highlighted in the under-seal version.
Any proposed redactions must be highlighted in the under seal version of the document so that the Court may readily determine what information the party or parties seek to maintain as confidential.
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Page 4 | VII. Applications to File Documents Under Seal
If the interested party misses the two-day declaration deadline, the filing party need not file an application to seal and may file publicly with a declaration of compliance.
If the interested party fails to file a Declaration within this two-day period, the filing party is relieved of any obligation to file an application to seal and may publicly file the documents along with a Declaration of Compliance with this paragraph.
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Page 5 | VII. Applications to File Documents Under Seal
When filing a sealed declaration in support, attach the unredacted document with the category 'Unredacted Document'.
Under "Attachments," click the "Browse" button, and a file upload screen will appear. Navigate to where your "Unredacted Document" is saved, and select "Open." In the corresponding "Category" field, select "Unredacted Document" from the drop down list.
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Page 14 | SEALED CIVIL DOCUMENTS
After the screen turns red, upload the sealed opposition PDF by browsing and selecting the file.
If the screen turns red, as shown below, proceed to upload your documents. Under "Main Document," click the "Browse" button, and a file upload screen will appear. Navigate to where your Sealed Opposition is saved and select the file, then click "Open."
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Page 33 | SEALED CIVIL DOCUMENTS
Additional attachments to a sealed opposition must be individually uploaded and categorized from a dropdown list.
If you have additional documents to attach, under "Attachments," click the "Browse" button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select "Open." In each corresponding "Category" field, select the name from the drop down list that correctly identifies each document. Click "Next."
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Page 33 | SEALED CIVIL DOCUMENTS
The sealed opposition must be linked to the correct motion before proceeding.
Link the Sealed Opposition to the correct motion, and click "Next."
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Page 34 | SEALED CIVIL DOCUMENTS
A sealed opposition must be linked to the motion(s) it relates to during the e-filing process.
As noted in the message on the next screen, you will need to link this Sealed Opposition to the motion or motions to which it relates. Click "Next."
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Page 34 | SEALED CIVIL DOCUMENTS
Under seal filings require specific basis for protection, not just protective orders.
Stipulated Protective orders or confidentiality orders generally do not control under seal filings. Applications for under seal filings must state with specificity the basis for protection and should not rely exclusively on the existence of a protective order.
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Sealed documents are not accessible through the Notice of Electronic Filing and are restricted from viewing.
while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing.
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Page 22 | SEALED CIVIL DOCUMENTS
Filing Bundling Requirements
Exhibits must be placed in loose leaf binders with tabs.
All exhibits will be placed in loose leaf binders which are tabbed down the
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Page 10 | F. Exhibits
Two binders of exhibits must be prepared: an original for the Clerk (tagged) and a copy for the Court, each with an index.
Two binders will be prepared: (1) an original for the Clerk, which will be tagged with the appropriate exhibit tags in the upper right-hand corner of the first page of each exhibit, and (2) one copy for the Court. Each binder will contain an index of the exhibits included.
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Page 11 | Trial Exhibit Instructions
Pre-Motion Conference Requirements
Only one motion for summary judgment per party is permitted.
In general, the Court will hear only one motion for summary judgment per party.
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Page 4 | Motions for Summary Judgment
Piecemeal motions for partial summary judgment before factual record is complete are not permitted.
the Court will not entertain piecemeal motions for partial summary judgment before the factual record is complete.
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Page 4 | Motions for Summary Judgment
Cross motions for summary judgment are heard on the same day after discovery closes.
Cross motions for summary judgment will all be heard on the same day, after the close of discovery.
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Page 4 | Motions for Summary Judgment
Adjournment & Extension Requirements
Court strongly disfavors date changes; continuances require detailed explanation with compelling factual support; stipulations are not effective until court orders.
This Court has a strong interest in adhering to scheduled dates. Changes in dates are disfavored. Trial dates set by the Court are firm and will rarely be changed, except that the Court may advance the trial date up to two weeks. Therefore, any request, whether by application or stipulation, to continue the date of any matter before this Court must be supported by a detailed explanation of the grounds for the requested continuance or extension of time. Without compelling factual support, requests to continue dates set by this Court will not be approved. Proposed stipulations extending scheduling dates do not become effective unless and until this Court so orders.
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Page 2 | III. Continuances and Extensions of Deadlines
Motion timing requirements: 28 days (31 by mail) for notice/moving papers, 21 days for opposition, 14 days for reply, with automatic extensions for continuances.
Counsel should note the timing and service requirements of Local Rules 6 and 7 and its subparts including: (1) Rule 6-1: Notice of motion and the moving papers must be filed and served twenty-eight (28) days before the noticed hearing date, unless the notice is served by mail, in which case service is required thirty-one (31) days prior to the noticed hearing date; (2) Rule 7-9: Opposing papers shall be filed twenty-one (21) calendar days before the hearing date; and (3) Rule 7-10: Reply papers, if any, shall be filed fourteen (14) calendar days before the hearing date. (4) Rule 7-11: If the hearing date is continued, the deadlines for filing opposing and reply papers are automatically extended unless the Court orders otherwise.
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Page 3 | I. Court Appearances
Filing party must provide interested party with proposed sealing application at least 2 business days before filing.
If the party seeking to file documents under seal (the “filing party”) is not the party with an interest in the sealing/confidentiality of the documents, then the filing party shall provide the interested party with its proposed application to seal at least two (2) business days in advance of filing.
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Page 4 | VII. Applications to File Documents Under Seal
Ex parte applications require compliance with Local Rules 7-19/7-19.1 and must notify opposition of 24-hour deadline for opposing papers.
Ex parte applications that fail to conform to Local Rule 7-19 and 7-19.1, including a statement of opposing counsel’s position, will not be considered except on a specific showing of good cause. Concurrently with service of the ex parte papers by electronic service, facsimile, or personal service, the moving party shall notify the opposition that opposing papers must be filed no later than twenty-four (24) hours following service.
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Page 4 | V. Ex Parte Applications
Any continuance or extension request must include a detailed explanation of its grounds.
Therefore, any request, whether by application or stipulation, to continue the date of any matter before this Court must be supported by a detailed explanation of the grounds for the requested continuance or extension of time.
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Page 2 | III. Continuances and Extensions of Deadlines
Scheduling-date extensions by stipulation are ineffective until the Court orders them.
Proposed stipulations extending scheduling dates do not become effective unless and until this Court so orders.
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Page 2 | III. Continuances and Extensions of Deadlines
Strict scheduling policy - trial dates are firm, continuances require detailed justification with compelling factual support.
This Court has a strong interest in adhering to scheduled dates. Changes in dates are disfavored. Trial dates set by the Court are firm and will rarely be changed, except that the Court may advance the trial date up to two weeks. Therefore, any request, whether by application or stipulation, to continue the date of any matter before this Court must be supported by a detailed explanation of the grounds for the requested continuance or extension of time. Without compelling factual support, requests to continue dates set by this Court will not be approved. Proposed stipulations extending scheduling dates do not become effective unless and until this Court so orders.
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Page 2 | III. Continuances and Extensions of Deadlines
Date changes are disfavored, trial dates are firm, and the Court may advance trial by up to two weeks.
Changes in dates are disfavored. Trial dates set by the Court are firm and will rarely be changed, except that the Court may advance the trial date up to two weeks.
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Page 2 | III. Continuances and Extensions of Deadlines
Moving party must notify opposition that opposing papers must be filed within 24 hours of ex parte service
Concurrently with service of the ex parte papers by electronic service, facsimile, or personal service, the moving party shall notify the opposition that opposing papers must be filed no later than twenty-four (24) hours following service.
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Page 3 | V. Ex Parte Applications
Reply papers must be filed 14 days before the hearing date
(3) Rule 7-10: Reply papers, if any, shall be filed fourteen (14) calendar days before the hearing date.
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Page 3 | II. Scheduling
Opposing papers must be filed 21 days before the hearing date
(2) Rule 7-9: Opposing papers shall be filed twenty-one (21) calendar days before the hearing date; and
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Page 3 | II. Scheduling
Notice of motion and moving papers must be filed and served 28 days before hearing (31 days if served by mail)
(1) Rule 6-1: Notice of motion and the moving papers must be filed and served twenty-eight (28) days before the noticed hearing date, unless the notice is served by mail, in which case service is required thirty-one (31) days prior to the noticed hearing date;
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Page 3 | II. Scheduling
Filing party must provide interested party with proposed seal application at least 2 business days before filing
If the party seeking to file documents under seal (the “filing party”) is not the party with an interest in the sealing/confidentiality of the documents, then the filing party shall provide the interested party with its proposed application to seal at least two (2) business days in advance of filing.
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Page 4 | VII. Applications to File Documents Under Seal
Discovery must be completed by cut-off date; depositions must commence at least 5 working days prior; written discovery must be served at least 45 days prior.
The Court has established a cut-off date for discovery in this action. All discovery is to be completed on, or prior to, the cut-off date. Plan now to complete discovery on the schedule set; a continuance is unlikely. Accordingly, the following discovery schedule shall apply in this Court: (1) Depositions: All depositions shall be scheduled to commence at least five (5) working days prior to the discovery cut-off date. A deposition which commences five (5) days prior to the discovery cut-off date may continue beyond the cut-off date, as necessary. (2) Written Discovery: All interrogatories, requests for production of documents, and requests for admissions shall be served at least forty-five (45) days before the discovery cut-off date. The Court will not approve stipulations between counsel that permit responses to be served after the cut-off date except in unusual circumstances and upon a showing of good cause.
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Page 2 | IV. Discovery Cut-Off
Motions to join parties or amend pleadings must be filed within 60 days and noticed for hearing within 90 days of this order.
All motions to join other parties (including Doe or Roe defendants) or to amend the pleadings shall be filed and served within sixty (60) days of the date of this Order and noticed for hearing within ninety (90) days of this Order.
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Page 2 | III. Joinder of Parties and Amendment of Pleadings
Summary judgment motions must be filed several weeks before motion cut-off date.
The motion cut-off date is the day that the Court will hear motions for summary judgment. Thus, motions must be filed several weeks in advance of this date as required by Local Rule 6.
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Motions must be filed/served 28 days before hearing (31 days if by mail).
Rule 6-1: Notice of motion and the moving papers must be filed and served twenty-eight (28) days before the noticed hearing date, unless the notice is served by mail, in which case service is required thirty-one (31) days prior to the noticed hearing date;
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Motions in limine must be filed 11 days before FPTC; oppositions due 7 days before FPTC.
All motions in limine must be filed eleven (11) days prior to the FPTC. Oppositions to motions in limine must be filed no later than seven (7) days prior to the FPTC.
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Continuance of the Final Pretrial Conference is highly unlikely; failure to complete discovery is not grounds for continuance.
A continuance of the Final Pretrial Conference at counsel's request or stipulation is highly unlikely. Counsel should plan to do the necessary pretrial work on a schedule which will ensure its completion with time to spare before the Final Pretrial Conference. Failure to complete discovery work is not grounds for a continuance.
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Page 8 | VIII. Final Pretrial Conference
Deadlines for opposing and reply papers are automatically extended if hearing is continued
(4) Rule 7-11: If the hearing date is continued, the deadlines for filing opposing and reply papers are automatically extended unless the Court orders otherwise.
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Page 3 | II. Scheduling
If a hearing is continued, opposition and reply filing deadlines are automatically extended unless the Court says otherwise.
Rule 7-11: If the hearing date is continued, the deadlines for filing opposing and reply papers are automatically extended unless the Court orders otherwise.
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Page 3 | Rule 7-11
Continuance of scheduling conference granted rarely, only for good cause, and not if it would delay beyond Rule 16(b) time limit.
A continuance of the Scheduling Conference will be granted rarely and only for good cause and will not be granted if a continuance would result in the Scheduling Conference being set after the time limit for the Court to issue a Scheduling Order under Rule 16(b).
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If hearing is continued, opposing and reply paper deadlines are automatically extended unless court orders otherwise.
If the hearing date is continued, the deadlines for filing opposing and reply papers are automatically extended unless the Court orders otherwise.
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Page 4 | Motions Generally
Motion deadlines automatically extend if hearing date is continued.
Rule 7-11: If the hearing date is continued, the deadlines for filing opposing and reply papers are automatically extended unless the Court orders otherwise.
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Chambers Communication Rules
All parties must appear at court appearances unless waived by court order; settlement does not excuse appearance until dismissal is filed.
Under no circumstances should counsel, or a party if the party is appearing pro se, fail to appear at a court appearance unless their appearance has been waived by prior order of the Court. Even if a settlement has been reached, counsel for all parties, or the party if appearing pro se, must appear at court appearances until a stipulation of dismissal signed by all parties has been lodged with the Court.
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Page 1 | I. Court Appearances
Parties must appear in person for all court appearances; telephonic appearances are not permitted.
The parties must appear in person for hearings and conferences before the Court. The Court does not permit telephonic appearances.
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Page 1 | I. Court Appearances
Email chambers with PDF application, PDF under seal document, and Word order by 12 noon next day.
The filer must email the judge's chambers email (DOC_chambers@cacd.uscourts.gov) with the PDF of the application, PDF of the proposed under seal document, and Word version of the proposed order. The emailed documents and mandatory chambers (hard copies) are due to the Court by 12 noon the day after the e-filing of the Notice of Manual Filing.
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Page 1 | PROCEDURES FOR PRESENTING CRIMINAL DOCUMENTS ELECTRONICALLY FOR SEALING
Chambers copies of under seal documents must be emailed as PDF to DOC_chambers@cacd.uscourts.gov
The filer must email the judge’s chambers email (DOC_chambers@cacd.uscourts.gov) with the PDF of the documents submitted for filing in the under seal action.
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Page 3 | Chambers Copy Requirements
In-person appearances required for all hearings and conferences; no telephonic appearances permitted.
The parties must appear in person for hearings and conferences before the Court. The Court does not permit telephonic appearances.
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Page 1 | I. Court Appearances
Parties must immediately notify court of settlement by phone, email, or notice filing.
If settlement is reached at any time in this litigation, the parties shall immediately notify the Court by telephone, email, or by filing a notice of settlement. Local Rule 40-2.
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Page 5 | VIII. Settlement
Contact Judge Carter's Courtroom Deputy Clerk for inquiries; do not contact chambers directly.
All appropriate inquiries should be directed to Judge Carter's Courtroom Deputy Clerk at (714) 338-4543 or DOC_Chambers@cacd.uscourts.gov. Counsel should not attempt to contact chambers directly. Counsel should list their email addresses and phone numbers on their papers in order to facilitate communication by the Courtroom Deputy Clerk.
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Page 5 | IX. Communication with the Court
All parties must appear in person for court appearances; telephonic appearances not permitted.
Parties shall be represented at all court appearances by lead counsel, the counsel expected to be in charge of conducting trial on behalf of the parties. The parties (or counsel) must appear in person for hearings and conferences before the Court. The Court does not permit telephonic appearances.
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Page 1 | I. Court Appearances
All parties must appear at court appearances unless waived; settlement does not excuse appearance until dismissal is filed.
Under no circumstances should counsel, or a party if the party is appearing pro se, fail to appear at a court appearance unless their appearance has been waived by prior order of the Court. Even if the parties have reached a settlement, counsel for all parties, or the party if appearing pro se, must appear at court appearances until a stipulation of dismissal signed by all parties has been lodged with the Court.
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Page 1 | I. Court Appearances
Protective orders must be noticed before the assigned magistrate judge.
All protective orders are to be noticed before the magistrate judge assigned to your case, unless otherwise ordered by Court.
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Contact chambers deputy clerk at provided phone/email; do not contact chambers directly.
All appropriate inquiries should be directed to Judge Carter’s Courtroom Deputy Clerk at (714) 338-4543 or DOC_Chambers@cacd.uscourts.gov. Counsel should not attempt to contact chambers directly. Counsel should list their email addresses and phone numbers on their papers in order to facilitate communication by the Courtroom Deputy Clerk.
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Page 5 | IX. Communication with the Court
Parties must email Word/Excel copies of statements of fact to chambers.
In addition to filing statements of fact, the Parties should email the Statement of Uncontroverted Facts and Statement of Genuine Disputes in Word or Excel format to DOC_Chambers@cacd.uscourts.gov.
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Page 8 | E. Filing Statements of Fact
Special arrangements for voluminous or oversized exhibits must be made with the Courtroom Deputy Clerk by Wednesday of the week before trial.
Special arrangements for voluminous or oversized exhibits should be made with the Courtroom Deputy Clerk by Wednesday of the week before trial.
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Page 11 | Trial Exhibit Instructions
Parties must immediately notify court of settlement by phone, email, or filing.
If settlement is reached at any time in this litigation, the parties shall immediately notify the Court by telephone, email, or by filing a notice of settlement. Local Rule 40-2.
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Page 5 | VIII. Settlement
Appropriate inquiries should be directed to the Courtroom Deputy Clerk by phone at (714) 338-4543.
All appropriate inquiries should be directed to Judge Carter’s Courtroom Deputy Clerk at (714) 338-4543 or DOC_Chambers@cacd.uscourts.gov.
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Page 5 | IX. Communication with the Court
Parties must immediately notify the Court of settlement by telephone; contact the Courtroom Deputy Clerk at (714) 338-4543.
If settlement is reached at any time in this litigation, the parties shall immediately notify the Court by telephone, email, or by filing a notice of settlement. Local Rule 40-2. The Court’s Courtroom Deputy Clerk can be reached at (714) 338-4543. The Court’s email address is DOC_Chambers@cacd.uscourts.gov.
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Page 2 | II. Settlement
Joint exhibit list should be emailed to DOC_Chambers@cacd.uscourts.gov.
Parties should also submit their joint exhibit list (in Word format) to the Court at DOC_Chambers@cacd.uscourts.gov.
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Page 10 | F. Exhibits
Proposed jury instructions should be emailed to DOC_Chambers@cacd.uscourts.gov.
Both parties should submit their proposed jury instructions (preferably in Word format) to the Court at DOC_Chambers@cacd.uscourts.gov.
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Page 10 | C. Proposed Jury Instructions (Jury Trials)
Proposed findings of fact and conclusions of law should be emailed to DOC_Chambers@cacd.uscourts.gov.
The parties should submit their proposed findings of fact and conclusions of law (preferably in Word format) to the Court at DOC_Chambers@cacd.uscourts.gov.
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Page 10 | D. Findings of Fact and Conclusions of Law (Bench Trials)
Proposed verdict form should be emailed to DOC_Chambers@cacd.uscourts.gov.
The parties should submit the proposed verdict form (in Word format) to the Court at DOC_Chambers@cacd.uscourts.gov.
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Page 10 | E. Proposed Verdict Form