Judge Fred W. Slaughter

Counsel must convert documents to searchable PDF per Local Rule 5-4.3 for electronic filing.

Counsel shall adhere to Local Rule 5-4.3 with respect to the conversion of all documents to .pdf format so that when a document is electronically filed, it is in proper size and is .pdf searchable.

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Page 5 | VIII. Motions − General Requirements c. Length and Format of Motion Papers

Counsel must e-file a Notice of Lodging with proposed amended pleading as separate document, plus redlined version as appendix to moving papers.

Counsel shall electronically file a “Notice of Lodging” attaching the proposed amended pleading as a document separate from the motion, as well as a “redlined” version of the proposed amended pleading identifying all additions and deletions of material as an appendix to the moving papers.

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Page 7 | IX. Motions − Specific Requirements

Motions for attorneys’ fees must be electronically filed per Local Rule 6-1 and this Order.

Motions for attorneys’ fees shall be electronically filed and set for hearing according to Local Rule 6-1 and this Order.

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Page 11 | IX. Motions − Specific Requirements (g. Motions for Attorneys’ Fees)

Proposed orders must be electronically lodged when filing or opposing a motion.

Each party filing or opposing a motion or seeking the determination of any matter shall file, serve, and electronically lodge a proposed order setting forth the

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Page 12 | X. Proposed Orders

Motions in limine, memoranda, witness lists, exhibit list, and settlement report must be filed at least 21 days before the final pretrial conference.

The following documents and motions must be filed at least twenty-one (21) days before the Final Pretrial Conference (referred to as “Trial Filings (First Round)” in the court’s Schedule of Pretrial and Trial Dates Worksheet): o Motions in Limine with Proposed Orders o Memoranda of Contentions of Fact and Law o Witness Lists o Joint Exhibit List o Joint Status Report Regarding Settlement

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Page 2 | I. PRETRIAL PROCEDURES

Certain trial filings (Second Round) must be filed at least 14 days before the Final Pretrial Conference.

The following documents and motions must be filed at least fourteen (14) days before the Final Pretrial Conference (referred to as “Trial Filings (Second Round)” in the court’s Schedule of Pretrial and Trial Dates Worksheet): o Oppositions to Motions in Limine o Joint Proposed Final Pretrial Conference Order o Joint/Agreed Proposed Jury Instructions (jury trials only) o Disputed Proposed Jury Instructions (jury trials only) o Joint Proposed Verdict Forms (jury trials only) o Joint Statement of the Case (jury trials only) o Proposed Additional Voir Dire Questions, if any (jury trials only) o Evidentiary Objections to Declarations of Direct Testimony (bench trials only)

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Page 3 | PRETRIAL PROCEDURES

Amended Witness Lists must be filed by 12:00 p.m. (noon) the Thursday before trial.

Counsel shall file all Amended Witness Lists by 12:00 p.m. (noon) the Thursday prior to the first day of trial.

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Page 4 | Witness Lists

Joint Exhibit List must be filed 21 days before the Final Pretrial Conference.

The Joint Exhibit List shall be filed twenty-one (21) days prior to the Final Pretrial Conference, in the form specified in Local Rule 16-6.

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Page 4 | Joint Exhibit List

Witness Lists must be filed 21 days before the Final Pretrial Conference.

Witness Lists shall be filed twenty-one (21) days prior to the Final Pretrial Conference, in the form specified in Local Rule 16-5.

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Page 4 | Witness Lists

Oppositions to motions in limine must be filed at least 14 days before the Final Pretrial Conference.

Oppositions must be filed at least fourteen (14) days prior to the Final Pretrial Conference.

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Page 4 | Motions in Limine

Motions in limine must be filed at least 21 days before the Final Pretrial Conference.

counsel shall file all motions in limine at least twenty-one (21) days prior to the Final Pretrial Conference.

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Page 4 | Motions in Limine

Jury instructions must be filed at least 14 days before the Final Pretrial Conference.

Jury instructions shall be filed at least fourteen (14) days prior to the Final Pretrial Conference.

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Page 5 | 4. Jury Instructions (jury trials only)

Proposed verdict forms must be filed at least 14 days before the Final Pretrial Conference.

Counsel shall file a proposed verdict form(s) at least fourteen (14) days before the Final Pretrial Conference.

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Page 6 | 5. Joint Verdict Forms (jury trials only)

Proposed Findings of Fact and Conclusions of Law must be filed and served no later than 21 days before the Final Pretrial Conference.

Counsel for each party shall, no later than twenty-one (21) days prior to the Final Pretrial Conference, file and serve on opposing counsel their Proposed Findings of Fact and Conclusions of Law in the form specified in Local Rule 52-3.

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Page 7 | 8. Proposed Findings of Fact and Conclusions of Law (bench trials only)

Proposed voir dire questions must be filed at least 14 days before the Final Pretrial Conference.

The parties may propose case-specific voir dire questions so long as the proposed questions are filed at least fourteen (14) days prior to the Final Pretrial Conference.

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Page 7 | 7. Voir Dire (jury trials only)

Joint Statement of the Case must be filed at least 14 days before the Final Pretrial Conference.

At least fourteen (14) days before the Final Pretrial Conference, counsel shall file a Joint Statement of the Case.

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Page 7 | 6. Joint Statement of the Case (jury trials only)

When ordered, declarations for direct testimony must be filed at least 21 days before the Final Pretrial Conference.

When ordered by the court, each party shall, at least twenty-one (21) days prior to the Final Pretrial Conference, file declarations setting forth the direct testimony of each witness whom that party expects to call at trial.

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Page 7 | 9. Declarations for Direct Testimony (bench trials only)

Evidentiary objections to declarations must be filed at least 14 days before the Final Pretrial Conference.

Each party shall file any evidentiary objections to the declaration(s) submitted by any other party at least fourteen (14) days prior to the Final Pretrial Conference.

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Page 7 | 9. Declarations for Direct Testimony (bench trials only)

Joint Rule 26(f) Report must be filed within 7 days of the meet-and-confer and at least 14 days before the Scheduling Conference.

The Joint Rule 26(f) Report must be filed no later than seven (7) days after the parties meet and confer and fourteen (14) days before the Scheduling Conference.

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Page 2 | I. Joint Rule 26(f) Report

Motion for class certification 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 one-hundred-twenty (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.

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Page 7 | I. Joint Rule 26(f) Report

Reply to an opposition is due 1 week after the opposition is filed.

Reply due 1 week after Opposition is filed

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Page 9 | Last Date to Hear Motions

Second round trial filings are due 2 weeks before the Final Pretrial Conference.

Trial Filings (second round) ... 2 weeks before FPTC

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Page 9 | Trial Filings (second round)

Opposition to a motion is due 2 weeks after the motion is filed.

Opposition due 2 weeks after Motion is filed

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Page 9 | Last Date to Hear Motions

All other motions must be filed at least 4 weeks before the hearing.

All other motions due at least 4 weeks before hearing

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Page 9 | Last Date to Hear Motions

Motion for summary judgment must be filed at least 6 weeks before the hearing.

Motion for Summary Judgment due at least 6 weeks before hearing

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Page 9 | Last Date to Hear Motions

First round trial filings are due 3 weeks before the Final Pretrial Conference.

Trial Filings (first round) ... 3 weeks before FPTC

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Page 9 | Trial Filings (first round)

State court answers must be refiled in this court as a supplement to the Notice of Removal.

Any Answers filed in state court must be refiled in this court as a supplement to the Notice of Removal.

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Page 2 | II. Removed Actions

Parties must file revised pleading complying with FRCP 7,7.1,8,9,10,11 within 30 days of receiving Notice of Removal if removed action has form pleading.

If an action removed to this court contains a form pleading, e.g., a pleading in which boxes are checked, the party or parties that filed the form pleading must file in this court within thirty (30) days of receipt of the Notice of Removal a revised pleading that complies with Federal Rules of Civil Procedure 7, 7.1, 8, 9, 10 and 11.

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Page 2 | II. Removed Actions

Pending motions in removed actions must be re-noticed per Local Rule 7.

Any pending motions must be re-noticed in accordance with Local Rule 7.

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Page 2 | II. Removed Actions

Defendants not served within 90 days of case filing will be dismissed per FRCP 4(m).

Any defendant, including any “Doe” or fictitiously named defendant, not served within 90 days after the case is filed will be dismissed pursuant to Federal Rule of Civil Procedure 4(m).

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Page 2 | I. Service of the Complaint

Joint Rule 26(f) Report must be filed no later than 14 days before the Scheduling Conference unless otherwise ordered.

Unless otherwise ordered, no later than fourteen (14) days before the Scheduling Conference, counsel shall file a Joint Rule 26(f) Report.

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Page 3 | VI. Joint Rule 26(f) Report

Motions for review of Magistrate Judge orders must be filed and served within 14 days of service of the written or oral ruling.

The moving party must file and serve the motion within fourteen (14) days of service of a written ruling or an oral ruling that the Magistrate Judge states will not be followed by a written ruling.

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Page 4 | VII. Discovery

Motions in limine must be noticed for hearing no later than the Final Pretrial Conference.

Motions in limine shall be filed and noticed for a hearing in accordance with the court’s Scheduling Order. In no case shall any motion in limine be noticed hearing date later than the Final Pretrial Conference.

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Page 8 | IX. Motions − Specific Requirements

Motions for default judgment must be filed within 14 days after the later of entry of default against last defendant or resolution of claims against non-defaulted defendants.

Unless the court orders otherwise, motions for default judgment shall be filed within 14 days after the later of (1) entry of default against the last remaining defendant or (2) resolution of all claims against all defendants who have not defaulted.

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Page 8 | IX. Motions − Specific Requirements

Summary judgment motions may be filed before the motion cutoff date; hearings must be scheduled before the last motion hearing date in the Scheduling Order.

Parties need not wait until the motion cutoff date to bring motions for summary judgment or partial summary judgment. The hearing on any such motion shall be set for a date in advance of the last date to hear motions as stated in the court’s Scheduling Order.

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Page 9 | VIII. Motions − General Requirements

Oppositions or notices of non-opposition to ex parte applications are due 24 hours after receipt or filing, whichever is earlier.

The other parties’ opposition, or notice of non-opposition to an ex parte application is due 24 hours after the other parties’ receipt of the ex parte application, or within 24 hours after the ex parte application is filed, whichever is earlier.

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Page 14 | XII. Ex Parte Applications

Court will not rule on TRO applications until 24 hours after service on subject party, unless excused or interests of justice require.

The court will not rule on any Application for a TRO for at least 24 hours after the party subject to the requested order has been served, unless notice is excused as per Federal Rule of Civil Procedure 65(b), or unless the interests of justice so require.

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Page 14 | XIII. Injunctions and Restraining Orders

TRO application oppositions must be filed within 24 hours of service or filing, whichever is earlier.

Thus, oppositions to Applications for a TRO must be filed within 24 hours following service of the Application or filing of the Application, whichever is earlier.

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Page 14 | XIII. Injunctions and Restraining Orders

Replies to motions in limine are not permitted unless the court determines otherwise.

Unless the court determines otherwise, counsel shall not file any replies.

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Page 4 | Motions in Limine

Amended complaints replacing form complaints within 30 days of removal are deemed to have court's leave per FRCP 15(a)(2).

An amended complaint filed within 30 days after removal to replace a form complaint pursuant to this instruction shall be deemed an amended complaint with “the court’s leave” pursuant to Federal Rule of Civil Procedure 15(a)(2).

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Page 2 | II. Removed Actions

Plaintiff must file proof of service within 3 days of serving the complaint.

If Plaintiff has not already served the operative complaint on all Defendants, Plaintiff shall do so promptly and shall file proofs of service within three (3) days thereafter.

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Page 1 | PREAMBLE

Defendants must file proof of service within 3 days of serving responsive pleadings.

Defendants shall also timely file and serve their responsive pleadings and file proofs of service within three (3) days thereafter, in compliance with the requirements of Local Rule 5-3.2.

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Page 2 | PREAMBLE

Plaintiff must serve complaint per FRCP 4 and comply with FRCP 4(l) and Local Rule 5-3 for all proofs of service.

Plaintiff shall promptly serve the complaint in accordance with Federal Rule of Civil Procedure 4 and shall comply with Federal Rule of Civil Procedure 4(l) and Local Rule 5-3 with respect to all proofs of service.

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Page 2 | I. Service of the Complaint

Redlined amended pleading must be delivered to opposing counsel at least 2 hours before Local Rule 7-3 conference prior to filing motion to amend.

Before a motion to amend is filed, the redlined version also must be delivered to opposing counsel at least two hours in advance of the Local Rule 7-3 conference; and if the plaintiff later changes the delivered version, counsel will be required to meet again about the revised pleading.

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Page 7 | IX. Motions − Specific Requirements

Proposed Findings of Fact and Conclusions of Law must be served on opposing counsel.

Counsel for each party shall, no later than twenty-one (21) days prior to the Final Pretrial Conference, file and serve on opposing counsel their Proposed Findings of Fact and Conclusions of Law in the form specified in Local Rule 52-3.

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Page 7 | 8. Proposed Findings of Fact and Conclusions of Law (bench trials only)

Two copies of pretrial documents must be delivered to the court, stapled at top left, without blue backing.

Two (2) copies of all pretrial documents shall be delivered to the court, stapled once in the top left corner, and without blue backing.

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Page 2 | I. PRETRIAL PROCEDURES

If aggregate motions in limine exceed 5, deliver 2 courtesy copies in organized binder with tabs, 7 days before Final Pretrial Conference, to Judge Slaughter's courtesy box.

If the total number of motions in limine filed by the parties in the aggregate exceeds five (5) motions, the parties shall deliver two (2) courtesy copies of the motions in limine, oppositions, and proposed orders to the court in an organized binder or folder. The binder or folder must be indexed with tabs or dividers on the right side designating the docket number of each initial motion and the date on which it was filed. The binder or folder must be organized by the filing date of the initial motion, and each motion and its proposed order shall be followed by the opposition to the motion and its proposed order. Each party is responsible for delivering all of the motion papers related to the motions in limine that party filed, including any oppositions filed by an opposing party in response. The binder or folder must be delivered to chambers seven (7) days prior to the Final Pretrial Conference but shall not be sent prior to the cut-off date for an opposing party to file an opposition to any outstanding motions in limine. All courtesy copies of pretrial filings shall be sent to Judge Slaughter’s courtesy box, located on the 10th floor of the Ronald Reagan Federal Building and United States Courthouse in Santa Ana.

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Page 3 | PRETRIAL PROCEDURES

Courtesy copies of discovery documents are prohibited from being delivered to Judge Slaughter’s chambers.

Please do not deliver courtesy copies of discovery documents to Judge Slaughter’s chambers.

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Page 3 | VII. Discovery

Counsel must deliver chambers copies of discovery motion papers and responses to the Magistrate Judge.

Counsel shall provide the Magistrate Judge’s chambers copies of the moving papers and responses.

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Page 4 | VII. Discovery

Mandatory chambers copies are not required for civil cases filed via CM/ECF; parties are prohibited from delivering them unless ordered.

Notwithstanding any contrary provision in the Local Rules, Judge Slaughter does not require parties to provide Mandatory Chambers Copies of documents filed through the court’s CM/ECF System in civil cases unless otherwise ordered by the court. No party shall deliver a Mandatory Chambers Copy to Judge Slaughter in a civil case unless specifically ordered to do so.

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Page 13 | XI. Chambers Courtesy Copies

If chambers copies are ordered, deliver to 10th floor chambers copy box or via overnight mail (no signature required for overnight).

If the court does order chambers copies, such copies shall be delivered to Judge Slaughter’s chambers copy box on the 10th Floor of the Ronald Reagan Federal Building and United States Courthouse in Santa Ana or sent via overnight mail. If sent by overnight mail, the sender shall notify the delivery service that the signature of the recipient is not required.

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Page 13 | XI. Chambers Courtesy Copies

Sealed document chambers copies must be delivered to Clerk’s Office Intake window; copies over 1 inch thick must be in three-ring binder.

Mandatory chambers copies of sealed documents shall be delivered to the Clerk’s Office Intake window, to be placed in the court’s internal mail box. If the mandatory chambers copy of a document is an inch or more thick, the filing party should place the court’s copy in a three-ring binder (no blue backing is required).

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Page 13 | XI. Chambers Courtesy Copies

Must provide courtesy copies of moving papers and responses to Magistrate Judge's chambers.

Counsel shall provide the Magistrate Judge’s chambers copies of the moving papers and responses.

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Page 4 | Discovery

Excel tables for attorneys' fees motions must be emailed to chambers

All tables shall be attached to the motion and electronically filed. The courtesy copies of the tables shall be prepared in Excel, have all restrictions removed so the spreadsheets can be edited, and be emailed to the court’s chambers email address at FWS_Chambers@cacd.uscourts.gov.

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Page 11 | Motions for Attorneys’ Fees

Sealed documents must be delivered to Clerk’s Office Intake window.

Mandatory chambers copies of sealed documents shall be delivered to the Clerk’s Office Intake window, to be placed in the court’s internal mail box.

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Page 13 | XI. Chambers Courtesy Copies

Mandatory chambers copies required for motions, ex parte applications, and pretrial documents.

Mandatory chambers copies of the following e-filed documents shall be delivered to Judge Slaughter’s chambers copy box on the 10th Floor of the Ronald Reagan Federal Building and United States Courthouse in Santa Ana or sent via overnight mail: all motions and related documents (oppositions, replies, exhibits); ex parte applications (excluding pro hac vice applications) and related documents (oppositions and exhibits); and all pretrial documents.

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Page 13 | XI. Chambers Courtesy Copies

Chambers copies must be delivered by noon the day after filing.

Mandatory chambers copies must be delivered by noon following the date of filing as required by Local Rule 5-4.5.

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Page 13 | XI. Chambers Courtesy Copies

Chambers copies of TRO documents required same day as filing.

The parties must provide chambers copies of TRO-related documents on the same day they are filed.

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Page 14 | XIII. Injunctions and Restraining Orders

Courtesy copy required for motions for summary judgment.

Additionally, parties should submit a courtesy copy of the motion and related papers to Judge Slaughter’s chambers copy box, located on the 10th floor of the Ronald Reagan Federal Building and United States Courthouse in Santa Ana.

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Chambers copies of sealed documents must be provided in sealed envelopes with title page attached.

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, and 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. L.R. 79-5.2.2(a).

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Page 5 | Mandatory Chambers Copies & Proposed Orders

Courtesy copies of electronically filed Joint Rule 26(f) Reports are discouraged.

The court discourages the submission of courtesy chambers copies of Joint Rule 26(f) Reports that have been electronically filed.

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Page 2 | I. Joint Rule 26(f) Report

File both complete and redacted versions when partial redaction possible.

79-5. Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file both versions of the documents: complete versions of the pleadings and documents under seal; and a redacted version for public viewing, omitting only such portions as the court has ordered may be filed under seal.

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Redacted portions must be bracketed and highlighted on unredacted copies.

***The parties ARE ORDERED to place in brackets and highlight the portion(s) of the document text and/or exhibits that have been redacted on the un-redacted copies (sent via email and the chambers’ copy).***

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Each item must be individually justified for sealing; blanket claims not allowed.

Sealing must be justified for each individual item to be sealed or redacted; blanket claims of confidentiality are not allowed and will result in a denial of the application to seal.

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Confidential information cannot be disclosed or used in any proceeding.

“Confidential information” shall not be: (a) disclosed to anyone not involved in the litigation; (b) disclosed to the assigned judges; or (c) used for any purpose, including impeachment, in any pending or future proceeding in this court or any other forum.

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Mediation communications and documents are confidential.

Except as provided in section 9.2 below, this Court, the mediator, all counsel and parties, and any other persons attending the mediation shall treat as 'confidential information' the contents of the written mediation statements, any documents prepared for the purpose of, in the course of, or pursuant to the mediation, anything that happened or was said relating to the subject matter of the case in mediation, any position taken, and any view of the merits of the case expressed by any participant in connection with any mediation.

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Under seal filings must comply with Local Rule 79-5, include individual good cause justification, redacted public versions, and meet and confer before filing.

Local Rule 79-5 governs applications to file documents under seal. Local Rule 79-5.2.2 explains how to apply to file under seal and how to proceed if leave is granted. Parties must comply with all provisions of Local Rule 79-5. There is a strong presumption of public access in civil actions. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification that establishes “good cause” or “compelling reasons” for the information to be protected. Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the Court has authorized to be filed under seal. Sealing must be justified for each individual item−blanket claims of confidentiality will result in the application to seal being denied. Counsel are strongly encouraged to consider carefully whether sealing or redaction is absolutely required for a given piece of evidence or argument. An application to seal that includes meritless requests to seal or redact documents will be denied. The parties also must meet and confer before filing an application to seal.

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Page 12 | IX. Motions − Specific Requirements (h. Under Seal Filings)

File both sealed and redacted versions for confidential documents

Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the court has authorized to be filed under seal.

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Page 12 | Under Seal Filings

Meet and confer required before filing sealing application

The parties also must meet and confer before filing an application to seal.

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Page 12 | Under Seal Filings

Court order required to file any sealed document; Application for Leave to File Under Seal required if filing under statute without order.

Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.

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Page 26 | Local Rule requirements

Document upload screen must turn red to confirm filing under seal; if not red, STOP and restart 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 | Document Upload Screen

Sealed Opposition must be linked to an Order granting leave to file under seal.

The Sealed Opposition you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.”

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Page 34 | Linking to Court Order

Sealed documents must be served by other means; print and serve NEF with sealed document.

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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Application and redacted documents are public; declaration and unredacted documents are sealed.

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.

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Court order required to file any sealed document; Application for Leave to File Under Seal needed if no order obtained.

7. 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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Document upload screen must turn red to confirm sealed filing; if not red, restart process.

If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Reply again.

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Document upload screen must turn red to confirm sealed filing; if not red, restart filing process.

8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Document again.

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Sealed documents must be served by other means; print and serve NEF with sealed document.

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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Sealed documents must be served by printing NEF and serving both NEF and 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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Sealed documents are restricted from viewing and not accessible through 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.

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Sealed Opposition event requires prior court order granting leave to file under seal.

Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.

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Sealed documents must be linked to an existing 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. 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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Document titles appear on public docket even when sealed.

IMPORTANT NOTICE FOR ANYONE FILING DOCUMENTS UNDER SEAL IN A CRIMINAL CASE: Please pay attention to the TITLE in the caption of every document you submit to the Court for filing under seal. The title of your document will become part of the PUBLIC docket text when that document is entered on the docket, even though the document itself is sealed.

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Document titles appear on public docket even when sealed.

Please note: The title of the pleading will be placed on the public docket entry. For example: “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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Docket entry text for sealed documents is public even if document is sealed.

When electronically filing a sealed document, remember, the DOCKET ENTRY can be viewed by the public, even though the attached DOCUMENT will be sealed.

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Page 5 | Use Caution in Drafting Docket Entry Text

Mediation statements are confidential and must not be filed.

Mediation statements shall be subject to the protection afforded by the confidentiality provisions contained in section 9 below. Mediation statements must not be filed and the assigned judge shall not have access to them.

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Page 14 | 8.4(b)

Confidentiality exceptions for stipulated disclosures.

This rule does not prohibit: (a) disclosures as may be stipulated by all parties and the mediator; (b) disclosures as may be stipulated by all parties, without the consent of the mediator, for use in a subsequent confidential

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The Joint Rule 26(f) Report must be a single report filed jointly by all parties.

“Jointly” means a single report, regardless of how many separately represented parties are involved in the case.

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Page 3 | Joint Rule 26(f) Report

All motions require pre-filing meet and confer with opposing counsel, with no exceptions for pro se parties, futility, or redundancy.

Counsel should take note of Local Rule 7-3, which requires “counsel contemplating the filing of any motion” to “first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.” Counsel shall discuss the issues sufficiently such that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the court. Counsel shall resolve minor procedural or other non-substantive matters during the conference. The court may strike, outright deny a motion or order other relief, including sanctions, if counsel fails to meet and confer in good faith. This requirement applies even to self-represented parties; there is no exception to this rule for parties who appear pro se. Nor are there any exceptions to this rule for futility or redundancy.

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Page 4 | VIII. Motions − General Requirements

Parties must seek leave via noticed motion with good cause to file multiple summary judgment motions or increase page limits.

If a party believes this is one of the rare instances in which good cause exists for more than one motion for summary judgment or to increase page limits, the party shall seek leave by noticed motion setting forth a detailed showing of good cause.

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Page 9 | VIII. Motions − General Requirements

Default summary judgment briefing schedule: motion 42 days before hearing, opposition 28 days, reply 21 days; modifications allowed via stipulation subject to court approval.

This court requires an extended briefing schedule for motions for summary judgment, as set forth below: • Motions for Summary Judgment: Must be filed at least forty-two (42) days before the noticed hearing date. • Opposition: Must be filed twenty-eight (28) days before the noticed hearing date. • Reply: Must be filed twenty-one (21) days before the noticed hearing date. The above briefing schedule is the default. The parties may stipulate to a modified schedule that is reasonable for all parties, subject to court approval. Any briefing schedule must provide the court at least twenty-one (21) days between the reply deadline and the hearing date.

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Page 9 | VIII. Motions − General Requirements

Cross-motions for summary judgment on the same legal issues are prohibited; counsel must meet and confer to consolidate into one motion.

Also, the court will not entertain cross-motions that seek to adjudicate the same legal issues. If parties wish to cross-move for summary judgment, their counsel shall meet and confer to determine which party will move and which will oppose the one motion for summary judgment.

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Page 9 | VIII. Motions − General Requirements

Local Rule 7-3 requires meet and confer before filing any motion; must discuss thoroughly, preferably in person; statement of compliance required; sanctions possible for non-compliance; no exceptions for pro se or futility.

Counsel shall take note of Local Rule 7-3, which requires “counsel contemplating the filing of any motion” to “first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.” Counsel shall discuss the issues sufficiently such that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the court. Counsel shall resolve minor procedural or other non-substantive matters during the conference. The notice of motion or other request must include a statement of compliance with Local Rule 7-3. The court may strike, outright deny a motion, or order other relief, including sanctions, if counsel fails to meet and confer in good faith. This requirement applies even to self-represented parties; there is no exception to this rule for parties who appear pro se. Nor are there any exceptions to this rule for futility or redundancy.

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Page 4 | Motions – General Requirements

Motions in limine must follow Scheduling Order and be heard before Final Pretrial Conference.

Motions in limine shall be filed and noticed for a hearing in accordance with the court’s Scheduling Order. In no case shall any motion in limine be noticed for a hearing date later than the Final Pretrial Conference.

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Page 7 | c. Motions in Limine

Motions for default judgment must be filed within 14 days of default entry or resolution of claims.

Unless the court orders otherwise, motions for default judgment shall be filed within 14 days after the later of (1) entry of default against the last remaining defendant or (2) resolution of all claims against all defendants who have not defaulted.

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Page 7 | e. Motions for Default Judgment

Redlined version must be delivered to opposing counsel 2 hours before Local Rule 7-3 conference.

Before a motion to amend is filed, the redlined version also must be delivered to opposing counsel at least two hours in advance of the Local Rule 7-3 conference; and if the plaintiff later changes the delivered version, counsel will be required to meet again about the revised pleading.

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Page 7 | b. Motions to Amend

Movant must appear at default judgment hearing prepared to argue even without opposition.

Unless the court orders otherwise, the movant must appear at the motion hearing prepared to argue the motion and respond to any tentative opinion even in the absence of an opposition.

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Page 7 | e. Motions for Default Judgment

Only one Rule 56 motion allowed without leave of court.

No party may file more than one motion pursuant to Federal Rule of Civil Procedure 56, regardless of whether such motion is denominated a motion for summary judgment or summary adjudication, without leave of court.

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Page 8 | f. Motions for Summary Judgment

Opposition to ex parte applications due within 24 hours of receipt.

The other parties’ opposition, or notice of non-opposition, to an ex parte application is due 24 hours after the other parties’ receipt of the ex parte application.

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Page 13 | XII. Ex Parte Applications

Opposition to TRO applications due within 24 hours of service or filing.

Oppositions to Applications for a TRO must be filed within 24 hours following service of the Application or filing of the Application, whichever is earlier.

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Page 14 | XIII. Injunctions and Restraining Orders

Court will not rule on TRO for at least 24 hours after service.

The court will not rule on any Application for a TRO for at least 24 hours after the party subject to the requested order has been served, unless notice is excused as per Federal Rule of Civil Procedure 65(b), or unless the interests of justice so require.

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Page 14 | XIII. Injunctions and Restraining Orders

Counsel must meet and confer before filing any motion in limine.

Prior to filing any motion in limine, counsel shall first conduct a meaningful meet and confer and make every effort to reach a satisfactory resolution on the motion that negates its filing.

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Page 4 | Motions in Limine

Ex parte applications are decided on submitted papers; no hearing date is required.

The court considers ex parte applications on the papers. Accordingly, counsel need not set ex parte applications for a hearing date.

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Page 14 | XII. Ex Parte Applications

Ex parte applications are decided on papers without hearing.

The court considers ex parte applications on the papers. Accordingly, counsel need not set ex parte applications for a hearing date.

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Page 13 | XII. Ex Parte Applications

No continuances allowed within 3 business days of scheduled mediation unless extraordinary circumstances.

Absent extraordinary circumstances, parties cannot request a continuance within three (3) business days of a scheduled mediation.

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Counsel must notify both judges' courtroom deputies at least 3 calendar days in advance for scheduling conflicts.

Counsel shall notify both of the Judges’ courtroom deputies at least three (3) days in advance. Counsel should defer to the most senior of the judges. A priority before that Judge should be requested.

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Page 3

Stipulations to extend court-set dates are not effective unless approved by the court.

See Local Rule 40-1 Stipulations extending dates set by this court are not effective unless approved by the court.

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Page 14 | XIV. Continuances

Continuance requests require good cause, must be via stipulation/motion/ex parte application, and include declaration with reasons and prior continuance history.

Continuances are granted only on a showing of good cause. See Fed. R. Civ. P. 16(b)(4). Requests for continuances must be by stipulation, motion or ex parte application and must be accompanied by a declaration setting forth the reasons for the requested continuance. The declaration also should include whether there have been any previous requests for continuances and whether these requests were granted or denied by the court.

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Page 14 | XIV. Continuances

Continuances require showing of good cause.

Continuances are granted only on a showing of good cause. See Fed. R. Civ. P. 16(b)(4).

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Page 14 | XIV. Continuances

Continuances only granted by mediator up to court deadline; no requests within 3 business days without extraordinary circumstances.

Continuances are not favored and can only be granted by the Mediator up to the Court-ordered completion date. Absent extraordinary circumstances, parties cannot request a continuance within three (3) business days of a scheduled mediation.

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Counsel must email pretrial documents (except motions in limine, oppositions, settlement report, and direct testimony declarations) in Word format to chambers.

Counsel shall email all documents listed in the court’s Schedule of Pretrial and Trial Dates Worksheet, including any amended documents and proposed orders, in Word-processing format to FWS_Chambers@cacd.uscourts.gov. The only documents not required to be submitted by email are motions in limine and oppositions thereto (but counsel shall still send proposed orders by email), the Joint Status Report Regarding Settlement, and declarations containing direct testimony.

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Page 2 | I. PRETRIAL PROCEDURES

Email chambers with PDF application, Word proposed order, and PDF sealed document.

After electronically filing the application and proof of service, send an email to the chambers generic email at FWS_Chambers@cacd.uscourts.gov, containing an Adobe PDF version of the application to seal, declaration giving notice or a proof of service, Word-processing version of the proposed order (with the proposed denied instructions) and an Adobe PDF of the document(s) to be filed under seal with a caption page clearly marked “UNDER SEAL.”

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Proposed orders accompanying evidentiary objections must be emailed to chambers.

A proposed order shall be filed and attached to the evidentiary objections as a separate document in Word-processing format consistent with Local Rule 52-4.1 and emailed directly to the court’s chambers email address at FWS_Chambers@cacd.uscourts.gov.

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Page 11 | VIII. Motions − General Requirements (iii. Objections to Evidence)

Excel tables accompanying attorney fees motions must be emailed to chambers.

copies of the tables shall be prepared in Excel, have all restrictions removed so the spreadsheets can be edited, and be emailed to the court’s chambers email address at FWS_Chambers@cacd.uscourts.gov.

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Page 12 | IX. Motions − Specific Requirements (g. Motions for Attorneys’ Fees)

Parties must email Microsoft Word copy of proposed document and PDF copy of main electronically filed document to chambers email FWS_Chambers@cacd.uscourts.gov per Local Rule 5-4.4.2.

appropriate citations. The court requires strict compliance with Local Rule 5-4.4.2, which states that “a Microsoft Word copy of the proposed document, along with a PDF copy of the electronically filed main document, shall be e-mailed to the assigned judge’s generic chambers e-mail address,” which for this court is FWS_Chambers@cacd.uscourts.gov.

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Page 13 | Pre-XI Local Rule Compliance

Counsel may only contact chambers via email for appropriate matters, must copy all parties, and are prohibited from ex parte contact, status inquiries, legal advice requests, or procedural questions answerable by rules/standing orders.

Counsel must not attempt to contact the court or chambers staff by email, telephone, or by any other ex parte means. Counsel must not contact the Courtroom Deputy regarding the status of any matter before the court or seek any legal advice. Nor should counsel contact the Courtroom Deputy to inquire about court procedure when the answer is readily available by consulting the Federal Rules of Civil Procedure, the Local Rules, or the court’s standing orders. Calls or emails regarding the status of submitted motions, stipulations, or proposed orders will not be returned. Counsel may, for appropriate matters only, contact the Courtroom Deputy via the court’s chambers email at FWS_Chambers@cacd.uscourts.gov. Any appropriate inquiry directed to the Courtroom Deputy must be by email with a copy to counsel for all parties.

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Page 15 | XV. Communications with Chambers

Do not contact chambers for status or legal advice; consult rules first.

Counsel must not contact the Courtroom Deputy regarding the status of any matter before the court or seek any legal advice. Nor should counsel contact the Courtroom Deputy to inquire about court procedure when the answer is readily available by consulting the Federal Rules of Civil Procedure, the Local Rules, or the court’s standing orders.

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Email chambers only for appropriate matters with copies to all parties.

Counsel may, for appropriate matters only, contact the Courtroom Deputy via the court’s chambers email at FWS_Chambers@cacd.uscourts.gov. Any appropriate inquiry directed to the Courtroom Deputy must be by email with a copy to counsel for all parties.

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No chambers copies needed; non-paper exhibits to Clerk's Office on USB only.

No chambers copies are necessary. Non-paper exhibits shall be delivered to the intake section of the Clerk’s Office in the Ronald Reagan Federal Building and United States Courthouse in Santa Ana. CDs are not accepted; only USB or flash drives are accepted.

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Must follow Magistrate Judge's scheduling procedures as stated on their webpage.

Counsel must follow the Magistrate Judge’s procedures for scheduling matters for hearing. These procedures are stated on each Magistrate Judge’s webpage.

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Page 3 | Discovery

Motions heard on Thursdays at 10:00 a.m.; if Thursday is holiday, heard on next Thursday.

This court hears motions on Thursdays, beginning at 10:00 a.m. If Thursday is a court holiday, motions will be heard on the next Thursday.

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Page 4 | Motions – General Requirements

CM/ECF screen turns red when using sealed document events.

During the docketing process for any of the events on the “Under Seal Filing Events” menu, the screen will eventually turn RED. This is the indication that you are using a sealed document event. If the screen does not turn red, STOP immediately. You will need to start your docket entry over to ensure you are using the proper sealed document event.

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Page 6 | Red Screens

Lead counsel must attend proceedings; junior counsel encouraged to participate in arguments and witness examination.

Lead trial counsel shall attend any proceeding before this court, including all Scheduling, Pretrial, and Settlement Conferences. In an effort to provide more experience to the next generation of practitioners, the court encourages lead counsel to permit junior counsel to fully participate in court proceedings, including to argue motions and to examine witnesses at trial.

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Page 2 | Presence of Lead Counsel