Judge Hernán D. Vera

Attorneys must electronically file sealed documents in public/non-sealed civil cases using CM/ECF.

Effective December 1, 2015, the United States District Court for the Central District of California will amend its local rules to require attorneys to electronically file sealed documents in otherwise PUBLIC/NON-SEALED CIVIL CASES using the Court's CM/ECF system.

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Page 3 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES

Sealed documents must be e-filed using the 'Under Seal Filing Events' menu; using regular motion events will result in public filing.

Please note that, within CM/ECF, a separate menu of events related to the e-filing of sealed documents has been created ("Under Seal Filing Events"). If you attempt to e-file a sealed document, you must use one of the events available from this menu, or your document will not be filed under seal. Do not use a regular motion event on the "Motions and Related Filings" menu, as any documents so filed will be public.

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Page 3 | E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES

When filing a sealed opposition, the upload screen must turn red to confirm sealed filing; if not, stop and restart the process.

This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Opposition again.

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Page 33 | SEALED CIVIL DOCUMENTS

The parties must meet at least 21 days before the scheduling conference and file the Joint Rule 26(f) Report no later than 14 days before it.

As provided in Fed. R. Civ. P. 26(f), the parties shall meet at least 21 days before the scheduling conference and file a Joint 26(f) Report (“Report”) no later than 14 days before the date set for the scheduling conference.

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Page 2 | 1. Joint Rule 26(f) Report

Summary-judgment and partial-summary-judgment motions must be filed by the motion-filing deadline in the Scheduling Order.

Motions for Summary Judgment or Partial Summary Judgment shall be filed no later than the last day for filing motions, as set forth in the Scheduling Order.

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Page 2 | I. SCHEDULING

A motion concerning inadequate discovery responses must be filed and served no later than ten days after the discovery cut-off date.

Any motion regarding the inadequacy of responses to discovery must be filed and served not later than ten (10) days after the discovery cut-off date.

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Page 2 | I. SCHEDULING

Daubert motions are generally due one week after expert discovery closes.

The deadline for Daubert motions is generally one week after the close of expert discovery.

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Page 3 | III. TRIAL PREPARATION

The proposed final pretrial conference order must be lodged no later than 11 calendar days before the conference.

The (Proposed) Final Pretrial Conference Order shall be lodged no later than eleven (11) calendar days before the Final Pretrial Conference.

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Page 3 | II. FINAL PRETRIAL CONFERENCE

Daubert motions must be noticed for the first available civil motions hearing date.

Daubert motions are to be noticed for hearing on the first available civil motions hearing date.

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Page 3 | III. TRIAL PREPARATION

Each counsel must file requested special voir dire questions at least five court days before the Final Pretrial Conference.

At least five (5) court days before the Final Pretrial Conference, each counsel shall file with the Court any special questions requested to be put to prospective jurors on voir dire.

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Page 4 | III. TRIAL PREPARATION

The joint statement must be filed five court days before the Final Pretrial Conference.

The statement will be filed with the Court five (5) court days before the Final Pretrial Conference.

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Page 4 | III. TRIAL PREPARATION

In jury trials, jury instructions and special verdict forms must be filed at least five court days before the Final Pretrial Conference.

In a jury trial, jury instructions and special verdict form(s) are to be filed no later than five (5) court days prior to the Final Pretrial Conference.

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Page 5 | F. Jury Instructions and Verdict Form(s)

The witness list must be filed at least five court days before the Final Pretrial Conference.

The witness list will be filed no later than five (5) court days prior to the Final Pretrial Conference.

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Page 5 | E. Witness List

The joint exhibit list must be filed at least five court days before the Final Pretrial Conference, and the parties must meet and confer sufficiently in advance to prepare it.

The joint exhibit list will be filed no later than five (5) court days prior to the Final Pretrial Conference, and the parties are to meet and confer sufficiently in advance of the required filing deadline to prepare the joint exhibit list.

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Page 6 | G. Exhibits and Exhibit Conference

Depositions to be used at trial must be signed and lodged with the CRD by the first day of trial, or an earlier date set by the Court.

All depositions that will be used in the trial, either as evidence or for impeachment, must be signed and lodged with the CRD on the first day of trial or such earlier date as the Court may order.

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Page 11 | Depositions

In utility patent cases, counsel must file a joint status report stating their technology-education proposals at least 60 days before the claim construction hearing.

Counsel must file a joint status report setting forth their proposal(s) no later than 60 days in advance of the claim construction hearing.

Not confirmed. Read the court's wording below.

Page 6 | 5. Utility Patent Cases

Motions in limine must be filed no later than four weeks before the final pre-trial conference.

Last Day to File Motions in 4 weeks before the Limine: FPTC

Not confirmed. Read the court's wording below.

Page 7 | Exhibit A: Proposed Schedule of Pretrial and Trial Dates

Motions other than Daubert motions and motions in limine must be filed by two weeks after the fact discovery cutoff.

Last Day to File Motions 2 weeks after Fact (except Daubert and all Discovery Cut-Off other Motions in Limine)

Not confirmed. Read the court's wording below.

Page 7 | Exhibit A: Proposed Schedule of Pretrial and Trial Dates

Motions to add parties or amend pleadings must be filed by eight weeks after the scheduling conference.

Last Day to File Motions to Scheduling Add Parties and Amend Conference Date Pleadings plus 8 weeks

Not confirmed. Read the court's wording below.

Page 7 | Exhibit A: Proposed Schedule of Pretrial and Trial Dates

Daubert motions must be filed by one week after the expert discovery cutoff.

Last Day to file Daubert 1 week after Expert Motions: Discovery Cut-Off

Not confirmed. Read the court's wording below.

Page 7 | Exhibit A: Proposed Schedule of Pretrial and Trial Dates

Motions in limine must be filed no later than 28 days before the Final Pretrial Conference.

Motions in limine must be filed no later than twenty-eight (28) days in advance of the Final Pretrial Conference.

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Page 3 | III. TRIAL PREPARATION

If no hearing date is available before the conference, a Daubert motion may be set for the conference date and time.

If no dates are available before the Final Pretrial Conference, then Daubert motions may be set for the same date and time as the Final Pretrial Conference.

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Page 3 | III. TRIAL PREPARATION

Motions in limine are generally noticed for hearing at the time and date of the Final Pretrial Conference.

Generally, they are to be noticed for hearing at the time and date of the Final Pretrial Conference.

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Page 3 | III. TRIAL PREPARATION

The Court may set a different Daubert-motion deadline in the Scheduling Order.

A different deadline may be set by the Court in the Scheduling Order.

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Page 3 | III. TRIAL PREPARATION

Do not click the Back button after clicking Next during e-filing; doing so will create an error.

DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error.

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Page 41 | SEALED CIVIL DOCUMENTS

Motions in limine may be noticed for hearing at an earlier date.

They may be noticed for hearing at an earlier date.

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Page 3 | III. TRIAL PREPARATION

If the complaint or an amendment has not already been served on all defendants, the plaintiff must serve it promptly and file proof of service within three days afterward.

If plaintiff has not already served the complaint (or any amendment thereto) on all defendants, plaintiff shall promptly do so and shall file proofs of service within three (3) days thereafter.

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Page 1 | Order Setting Scheduling Conference

Defendants must timely serve and file responsive pleadings and file proof of service within three days afterward.

Defendants also shall timely serve and file their responsive pleadings and file proofs of service within three days thereafter.

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Page 1 | Order Setting Scheduling Conference

Motions in limine must be filed and served under Local Rule 6-1, with briefing under Local Rules 7-9 through 7-10.

All www.cacd.uscourts.gov 3 jls_chambers@cacd.uscourts.gov ===== PAGE 4 ===== motions in limine must be filed and served in compliance with Local Rule 6-1, and the briefing schedule is that specified in Local Rules 7-9 through 7-10.

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Page 4 | III. TRIAL PREPARATION

Plaintiff’s counsel must provide the Order to later-appearing or known but nonappearing parties; if the plaintiff is pro se and the defendant is represented, defendant’s counsel must provide it.

Plaintiff’s counsel shall provide this Order to any parties who first appear after the date of this Order and to parties who are known to exist but have not yet entered appearances. If plaintiff is appearing pro se, but defendant is represented by counsel, defendant’s counsel shall provide this notice.

Not confirmed. Read the court's wording below.

Page 5 | 2. Notice to be Provided by Counsel

A motion concerning inadequate discovery responses must be served no later than ten days after the discovery cut-off date.

Any motion regarding the inadequacy of responses to discovery must be filed and served not later than ten (10) days after the discovery cut-off date.

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Page 2 | I. SCHEDULING

The memoranda must be served no later than 21 calendar days before the Final Pretrial Conference.

The Memoranda of Contentions of Fact and Law will be served no later than twenty-one (21) calendar days before the Final Pretrial Conference.

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Page 3 | II. FINAL PRETRIAL CONFERENCE

Sealed documents are not accessible via NEF; filing party must serve by other means and include a certificate of service.

Documents electronically filed under seal will not be accessible through the Notice of Electronic Filing ("NEF"). The filing party is therefore responsible for serving all sealed documents and attachments on opposing counsel by other means. A certificate of service must be included with every sealed filing and a copy of the NEF should be served with the sealed

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Page 4 | OVERVIEW OF E-FILING PROCEDURES

Sealed documents must be served by other means (not through NEF); serve the NEF, sealed declaration, and unredacted document on opposing counsel.

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; 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 (not through 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 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 (not via NEF); print the NEF and serve it with the sealed document on opposing counsel.

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 36 | SEALED CIVIL DOCUMENTS

Sealed documents must be served by other means (not via 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

Mandatory chambers copies due by noon next business day; binder-ready format required.

Mandatory chambers copies of all e-filed documents should be delivered to Judge Vera’s chambers copy box located outside of the Clerk’s Office on the fourth floor of the First Street Courthouse (350 W. 1st Street, Los Angeles, California 90012). Mandatory chambers copies must be delivered by no later than noon on the following business day after filing, and shall be “binder ready” (i.e., three-hole punched on the left side, without blue-backs or staples, and with any exhibits

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Chambers copies required for all motion-related documents, delivered next business day by noon, binder-ready.

The Court requires chambers copies of all e-filed motion-related documents (i.e., moving papers, oppositions and replies), as well as all associated exhibits. Chambers copies should be delivered to Judge Vera's chambers copy box located outside of the Clerk's Office on the fourth floor of the First Street Courthouse (350 W. 1st Street, Los Angeles, California 90012). Mandatory chambers copies must be delivered by no later than noon on the following business day after filing, and shall be "binder ready" (i.e., three-hole punched on the left side, without blue-backs or staples, and with any exhibits tabbed).

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Pretrial documents must be emailed to chambers and delivered as binder-ready copies.

All pretrial documents listed above, including any amended documents, shall be filed and emailed to Chambers the day set forth in the schedule that they are due. Except for motions in limine and oppositions, the Joint Status Report Regarding Settlement, and Declarations containing direct testimony, counsel shall email all of the above, including any amended documents, in Microsoft Word format to HDV_Chambers@cacd.uscourts.gov. Mandatory Chambers Copies of electronically filed pretrial documents listed above shall be delivered to Judge Vera’s Chambers copy box outside of the Clerk’s Office on the fourth floor of the First Street Courthouse. Chambers copies must be delivered in a “binder-ready” state, meaning they must be three-hole punched on the left side, without blue-backs, and stapled only in the top left corner.

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Excel tables with no restrictions must be emailed to chambers as courtesy copies.

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 HDV_Chambers@cacd.uscourts.gov.

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Chambers copies must be delivered by noon next business day, binder-ready (3-hole punched, no staples, tabbed exhibits).

Chambers copies should be delivered to Judge Vera's chambers copy box located outside of the Clerk's Office on the fourth floor of the First Street Courthouse (350 W. 1st Street, Los Angeles, California 90012). Mandatory chambers copies must be delivered by no later than noon on the following business day after filing, and shall be 'binder ready' (i.e., three-hole punched on the left side, without blue-backs or staples, and with any exhibits tabbed).

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Ex parte applications must be emailed in PDF and Word format to chambers.

Ex parte applications are solely for extraordinary relief and are rarely granted. All ex parte applications must be sent in PDF version to HDV_chambers@cacd.uscourts.gov along with a Word version of the proposed order.

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Two paper copies required for summary judgment motions; pro se parties exempt.

Additionally, for motions for summary judgment only, parties should submit two paper copies of all Motion for Summary Judgment filings to Judge Vera's mailbox on the fourth floor of the First Street Courthouse. Pro se parties are exempt from this requirement.

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Excel files for attorneys' fees and proposed orders in Word format must be emailed to chambers.

Excel files prepared in support of motions for attorneys' fees (see supra Section X.F) and proposed orders in Word format (see supra Section XI) should be submitted to the Court's chambers email address at HDV_Chambers@cacd.uscourts.gov.

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Chambers copies required for all motion-related documents (moving papers, oppositions, replies) and exhibits.

The Court requires chambers copies of all e-filed motion-related documents (i.e., moving papers, oppositions and replies), as well as all associated exhibits. The Court no longer requires chambers copies for any other e-filed documents.

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Excel tables for attorney fee motions must be emailed to chambers with editing enabled.

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 HDV_Chambers@cacd.uscourts.gov.

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Page 13 | F. Motions for Attorneys’ Fees

Chambers copies of all motion-related documents required by noon next business day, binder-ready.

The Court requires chambers copies of all e-filed motion-related documents (i.e., moving papers, oppositions and replies), as well as all associated exhibits. Chambers copies should be delivered to Judge Vera's chambers copy box located outside of the Clerk's Office on the fourth floor of the First Street Courthouse (350 W. 1st Street, Los Angeles, California 90012). Mandatory chambers copies must be delivered by no later than noon on the following business day after filing, and shall be 'binder ready' (i.e., three-hole punched on the left side, without blue-backs or staples, and with any exhibits tabbed).

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Page 3 | B. Non-Discovery Motions Deadline

Chambers copies of pretrial documents must be delivered in binder-ready format to Judge Vera's chambers.

Mandatory Chambers Copies of electronically filed pretrial documents listed above shall be delivered to Judge Vera’s Chambers copy box outside of the Clerk’s Office on the fourth floor of the First Street Courthouse. Chambers copies must be delivered in a “binder-ready” state, meaning they must be three-hole punched on the left side, without blue-backs, and stapled only in the top left corner.

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Page 7 | Chambers Copy Requirements

Courtesy copies of exhibits must be delivered to judge's courtesy box by noon Wednesday before trial.

the judge’s courtesy box located outside the Clerk’s Office on the 4th floor of the First Street Courthouse by 12:00 p.m. on the Wednesday before the start of trial.

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Mandatory chambers copies for sealed documents must be provided in sealed envelopes with title page attached to the front.

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

Pro se parties exempt from chambers copy requirement.

Pro se parties are exempt from this requirement.

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Refer to Civil Standing Order for courtesy copy requirements.

Please refer to the Court's Civil Standing Order and Scheduling Conference Order for requirements for specific motions, discovery, certain types of filings, courtesy copies, emailing signature items to chambers, settlement, and other matters pertaining to all civil cases.

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Page 2 | B. Non-Discovery Motions Deadline

Pro se parties exempt from chambers copy requirement.

Pro se parties are exempt from this requirement.

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Page 4 | B. Non-Discovery Motions Deadline

Documents filed under seal/in camera must have outer envelopes identifying case by first-listed defendant and case number, stating seal/in camera status.

The outer envelope containing any document filed under seal or in camera should identify the case title by the first-listed defendant and case number only and should state that the document is being filed under seal or in camera.

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Sentencing documents may be filed under seal only with court approval and must include redacted version with deletion justifications.

The Court does not permit sentencing documents to be filed under seal except when strictly necessary and ordered by the Court. If approved by the Court, a sentencing document filed under seal must be accompanied by a redacted version that deletes the confidential information and that justifies each deletion (e.g., “medical information”).

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Email two versions: one with yellow highlights for sealable portions, one unhighlighted for filing.

Unless there is good cause for filing the entire document under seal, the filer must specifically identify those portions of the document that should be sealed. To do this, the filer must email two versions the document: (1) for the Court’s review, a version highlights in yellow those portions of the document that should be sealed, and (2) an unhighlighted version (for under seal filing).

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File Notice of Manual Filing on public docket, then email under-seal documents to CRD.

In all instances, the filer must first electronically file a Notice of Manual Filing on the public docket. All documents related to under-seal filings must then be emailed to the CRD at the email address that appears in the footer of this document.

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Granted seal applications result in under-seal filing; filer must serve and file proof of service within 24 hours.

If the Court GRANTS the application to seal, the CRD will file the relevant document(s) under seal and will email conformed copies of the under-seal filings to the filer. The filer must promptly serve conformed copies of under-seal filings on the other party via email and must, within 24 hours of receiving the conformed copies, electronically file on the public docket proof of such service that includes the information set forth in Local Civil Rule 5-3.1.2.

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File public redacted versions within 3 days of Court order; redactions limited to previously identified portions.

If ordered to do so, within 3 days of the entry of the Court’s Order, the filer must electronically file public redacted versions of any under-seal documents. Redactions must be limited to those portions previously identified for the Court in yellow highlighting.

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Sealing applications must follow Local Rule 79-5 and Judge Staton's electronic filing guide.

When seeking leave to file any material under seal in a civil case, the parties and counsel are directed to fully comply with all steps of the multi-step procedure set forth in Local Rule 79-5. The parties are directed to follow the instructions in the Guide to Electronically Filing Under-Seal Documents in Civil Cases which is attached in PDF format to Judge Staton’s Procedures web page.

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Page 4 | Applications to Seal

Sealing applications require good cause and usually need redacted versions filed publicly.

Counsel are directed to consider carefully whether to seek leave to file documents under seal. The procedure for obtaining leave is lengthy. Applications must in all instances be supported by good cause, and at times are subjected to an even higher standard. Most of the time, documents may not be filed under seal in their entirety, and appropriately redacted documents must still be filed on the public docket.

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Page 4 | Applications to Seal

Public access presumption applies; good cause needed for non-dispositive, compelling reasons for dispositive motions.

Counsel are reminded that there is a strong presumption that the public has a right of access to records in civil cases. For materials related to non-dispositive motions, the Designating Party must show good cause for the materials to be filed and maintained under seal. For materials related to dispositive motions, the standard is higher, and the Designating Party 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, 667-79 (9th Cir. 2010).

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Page 4 | Applications to Seal

Must provide specific justification for each document to be sealed, not blanket statements.

The filing party must make a specific showing explaining why each document that it seeks to seal may justifiably be sealed and why the proposed redactions are as narrowly tailored as possible, rather than making a blanket statement about the grounds for sealing.

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File complete sealed version and redacted public version, omitting only authorized portions.

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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Motion to seal must state which standard applies and explain why.

When submitting a motion to seal, the filing party must state whether the compelling reasons or good cause standard applies and explain why.

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Parties must meet and confer before filing sealing application.

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

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Sealing must be justified for each item; blanket confidentiality claims will be denied.

Sealing must be justified for each individual item—blanket claims of confidentiality will result in the application to seal being denied.

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Strict compliance with Local Rule 79-5 required for sealing applications.

The Court requires strict compliance with Local Rule 79-5, which governs applications to file documents under seal.

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Must justify sealing for each item; blanket confidentiality claims are not allowed.

All applications must provide reasons why the parties’ interest in filing the document(s) under seal outweighs the public’s right to access. 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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Page 1 | I. GENERAL INFORMATION REGARDING APPLICATIONS TO FILE DOCUMENTS UNDER SEAL

Strict compliance required with Local Rule 79-5 for sealing documents.

The Court requires strict compliance with Local Rule 79-5, which 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.

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Page 13 | G. Under Seal Filings

Must provide specific justification for each document sought to be sealed.

The filing party must make a specific showing explaining why each document that it seeks to seal may justifiably be sealed and why the proposed redactions are as narrowly tailored as possible, rather than making a blanket statement about the grounds for sealing.

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Page 14 | G. 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 14 | G. Under Seal Filings

Each item must be individually justified for sealing.

Sealing must be justified for each individual item—blanket claims of confidentiality will result in the application to seal being denied.

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Page 14 | G. Under Seal Filings

File complete sealed version and redacted public version when possible.

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 14 | G. Under Seal Filings

Leave of court is required before filing any sealed document; must file an Application for Leave to File Under Seal.

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. Accordingly, you must first electronically file an Application for Leave to File Under Seal, following the instructions set forth below at page 5.

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Page 4 | OVERVIEW OF E-FILING PROCEDURES

Sealed motions must be filed using 'Sealed Motion' event; sealed exhibits must be filed using 'Sealed Document' event and linked to the main motion; all sealed documents must be linked to the court order granting leave.

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. Any document filed under seal must also be linked to the court order granting permission to so file. See L.R. 79-5.2.2 (c) (eff. 12/1/15).

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Page 4 | OVERVIEW OF E-FILING PROCEDURES

Large PDFs may be split; only include materials to be filed under seal.

A PDF file that is too large to send by email may be split into several smaller PDFs. Each document or sets of documents shall have a title page pursuant to Local Rule 11-3.8 and should only contain the materials to be filed under seal. For example, DO NOT email a PDF of exhibits 1-40 if only exhibits 5, 20, and 39 are to be filed under seal.

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Page 2 | II. REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND PROPOSED ORDER

Before filing a motion in limine, parties must confer about whether the disputed evidence will be introduced and attempt to reach an agreement avoiding the motion.

Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

Checked and corrected to match the court's document on Oct 4, 2026 · Civil cases

Page 4 | III. TRIAL PREPARATION

Briefing schedule: motions 28 days, oppositions 14 days, replies 7 days before hearing.

For all motions other than motions in limine, the briefing schedule is as follows: motions shall be filed twenty-eight (28) days prior to the hearing; oppositions or notices of non-opposition shall be filed fourteen (14) days prior to the hearing; and replies, if any, shall be filed seven (7) days prior to the hearing. All motions must be properly noticed for hearing no later than the date of the Final Pretrial Conference.

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Parties must meet and confer before filing motions in limine.

Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that

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Counsel must meet and confer to resolve discovery disputes informally before filing discovery motions.

Counsel shall meet and confer to resolve discovery disputes informally prior to filing a motion for discovery.

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Parties must meet and confer to resolve discovery disputes before filing motion.

The parties are expected to meet and confer to attempt to resolve discovery disputes before filing a discovery motion and must use their best effort to resolve all discovery disputes in a courteous, reasonable, and professional manner.

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Parties must meet and confer before filing any motion.

The parties are required under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion.

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Special procedures for summary judgment motions including joint brief requirement.

The Court employs special procedures for motions under Fed. R. Civ. P. 56 for summary judgment ("MSJ"), including the parties' preparation of a joint brief and joint related documents.

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Only one summary judgment motion permitted per case; papers should be well-organized with tabs and headings.

A party may file only one summary judgment motion in a case. Parties need not wait until the motion cutoff date to bring motions for summary judgment or partial summary judgment. The parties should prepare papers in a fashion that will assist the Court in absorbing the facts (e.g., generous use of tabs, tables of contents, headings, indices, etc.).

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Pre-filing conference required for all motions, including pro se parties.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” Counsel should discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other non-substantive matters during the conference. This provision applies even to self-represented parties; there is no exception to this rule for parties who appear pro se.

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Cross-motions on same issues not allowed; parties must meet and confer to decide who moves.

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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Extended briefing schedule: 63 days for opening brief, 14 days for opposition.

This Court requires an extended and modified briefing schedule for motions for summary judgment, as set forth below: • Motions for Summary Judgment: No later than sixty-three (63) calendar days before the hearing on the motion, the moving party shall provide to the non-moving party an electronic copy of the opening brief, together with the moving party’s portion of the evidentiary appendix and joint appendix of undisputed and disputed facts. • Opposition: No later than fourteen (14) calendar days after receipt of the opening brief, the non-moving party shall provide the moving party with an electronic copy of

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Pre-motion conference required before filing any motion.

Counsel shall meet and confer pursuant to Local Rule 7-3, which requires “counsel contemplating 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.”

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Page 5 | IX. MOTIONS – GENERAL REQUIREMENTS

Cross-motions on same issues not allowed; parties must meet and confer to determine single moving party.

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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Opening brief and appendices must be provided to non-moving party 63 days before hearing.

No later than sixty-three (63) calendar days before the hearing on the motion, the moving party shall provide to the non-moving party an electronic copy of the opening brief, together with the moving party’s portion of the evidentiary appendix and joint appendix of undisputed and disputed facts.

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Conference of counsel required at least 3 days before filing any criminal motion.

No fewer than three days prior to the filing of any criminal motion, counsel must confer to determine whether the parties are in agreement regarding the issue(s) to be presented to the Court, and to determine if the scope of issue(s) to be presented to the Court can be narrowed. In the notice of motion, the moving party shall report to the Court that counsel conferred regarding the substance of the motion.

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Page 2 | Conference of counsel

Pretrial motions must be noticed by 11 days before trial; earlier hearings require CRD clearance.

Counsel are encouraged to file their pretrial motions as early as feasible. At the latest, all pretrial motions in criminal cases, including motions in limine, must be noticed for hearing at the pretrial status conference, which is set by the CRD for the Friday morning eleven (11) days in advance of trial. However, pretrial motions may be heard at an earlier date, and counsel are encouraged to file them at an earlier date. For all motions to be heard prior to the pretrial status conference, counsel shall contact the Courtroom Deputy Clerk (“CRD”) in advance to clear a date and time for the hearing.

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Page 2 | Hearing Date(s) for Pretrial Criminal Motions

Discovery motions require prior consultation with opposing counsel and must include specific information or may be stricken.

Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain whether the requested discovery will be provided. All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery has been requested from opposing counsel, and whether the discovery has been declined, in whole or in part. Motions made without prior consultation with opposing counsel or that fail to include the above information may be stricken.

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Opposing parties may file motions to dismiss (Rule 12) or for summary judgment (Rule 56).

The opposing party may file a motion to dismiss your action, pursuant to Federal Rule of Civil Procedure 12, or a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56.

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The Local Rule 7-3 meet-and-confer requirement applies to motions in limine.

The meet-and-confer requirement of Local Rule 7-3 applies.

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Page 4 | III. TRIAL PREPARATION

Parties must meet and confer to resolve disputes before filing any motion.

The parties are required under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion.

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Page 3 | B. Non-Discovery Motions Deadline

Parties must meet and confer to resolve discovery disputes before filing discovery motions.

The parties are expected to meet and confer to attempt to resolve discovery disputes before filing a discovery motion and must use their best effort to resolve all discovery disputes in a courteous, reasonable, and professional manner.

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Page 3 | A. Discovery Cut-Off & Discovery Motions

Motions in limine must be filed 3 weeks before hearing; oppositions 2 weeks before.

All motions in limine must be filed at least three (3) weeks before the hearing date. Oppositions must be filed at least two (2) weeks before the hearing date.

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Page 8 | Daubert Motions and Motions in Limine

Meet and confer required before filing motions in limine.

Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

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Page 8 | Daubert Motions and Motions in Limine

Class certification motion timing: 3 weeks reply-hearing, 4 weeks opposition, 2 weeks reply.

For a putative class action, the Court will set a deadline for hearing the class certification motion. The motion must be filed sufficiently far in advance of the deadline to allow for: (i) at least three (3) weeks between the filing of the reply and the hearing; (ii) four (4) weeks for the opposition; and (iii) two (2) weeks for the reply.

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Class certification motion due within 120 days of original scheduling conference.

The motion must be filed not later than one hundred and twenty (120) days from the date originally set for the scheduling conference, unless the Court orders otherwise.

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Oppositions to ex parte applications must be filed within 24 hours.

Oppositions to ex parte applications must be filed within 24 hours of the filing of the application. If an opposing party does not intend to oppose the ex parte application, counsel must inform the Courtroom Deputy by email as soon as possible.

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Sentencing hearings cannot be continued without detailed good cause.

Once set, the sentencing hearing shall not be continued absent a detailed, substantial showing of good cause.

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Motions in limine must be filed 28 days before Final Pretrial Conference; oppositions 14 days before.

Motions in limine will generally be heard and ruled upon at the Final Pretrial Conference. The Court may rule orally instead of in writing. All motions in limine must be filed at least twenty-eight (28) days before the Final Pretrial Conference. Oppositions must be filed at least fourteen (14) days before the Final Pretrial Conference. There shall be no replies, unless ordered by the Court.

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Continuance requests require detailed declaration showing good cause and due diligence.

Any request for continuance of pretrial and/or trial dates must be by motion, stipulation, or application, and must be supported by a declaration setting forth the reasons for the requested relief. The declaration must contain a highly detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance and a description of the parties' efforts to advance the litigation dating back to the filing of the complaint. This detailed showing must demonstrate that the work still to be performed reasonably could not have been accomplished within the applicable deadlines. General statements are insufficient to establish good cause. The declaration should also include whether any previous requests for continuance have been made and whether these requests were granted or denied by the Court.

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Continuance requests require motion/stipulation with detailed declaration showing good cause, due diligence, and prior request history.

The Court has a strong interest in keeping scheduled dates certain. Accordingly, pretrial and trial dates set by the Court are firm. Any request for continuance of pretrial and/or trial dates must be by motion, stipulation, or application, and must be supported by a declaration setting forth the reasons for the requested relief. The declaration must contain a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance and a description of the parties’ efforts taken to advance the litigation. This showing should demonstrate that the work still to be performed reasonably could not have been accomplished within the applicable deadlines. General statements are insufficient to establish good cause. The declaration should also include whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court. Stipulations extending dates set by the Court are not effective unless approved by the Court, and without compelling factual support and a showing of due diligence, stipulations continuing dates set by the Court will be denied.

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Page 17 | K. Continuances of Pretrial and Trial Dates

Non-discovery motions must be filed 28 days before cut-off; summary judgment motions 6 weeks before cut-off.

All non-discovery motions must be noticed to be heard on or before the motion cut-off date listed in the above schedule (i.e., all non-discovery motions, except for motions for summary judgment, must be filed at least twenty-eight (28) days before the deadline in accordance with the requirements of L.R. 6-1). Motions for summary judgment must be filed at least six (6) weeks before the motion cut-off date in order to be heard by that date.

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24-hour waiting period after service for emergency relief; opposing papers allowed.

Parties seeking emergency or provisional relief shall comply with Federal Rule of Civil Procedure 65 and Local Rule 65. The Court will not rule on any application for such relief for at least twenty-four (24) hours after the party subject to the requested order has been served, unless service is excused. Such party may file opposing or responding papers in the interim.

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Plaintiff must serve complaint within 90 days or face dismissal under Rule 4(m).

The Plaintiff shall promptly serve the Complaint in accordance with Federal Rule of Civil Procedure 4 and shall comply with Local Rule 5-3 with respect to all proofs of service. Any defendant, including any “Doe” or fictitiously named defendant, not served within 90 days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m).

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Page 2 | SERVICE OF THE COMPLAINT

Meet and confer with opposing counsel required before filing continuance request.

Counsel are required to first meet and confer with opposing counsel regarding the substance of the continuance and include a statement of compliance with Local Rule 7-3.

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Continuance requests must include proposed stipulation and detailed declaration.

Counsel requesting a continuance or extension of time must lodge a proposed stipulation and order including a detailed declaration of the grounds for the request.

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Defendants not served within 90 days are dismissed under Rule 4(m).

Any defendant, including any “Doe” or fictitiously named defendant, not served within 90 days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m).

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Page 2 | SERVICE OF THE COMPLAINT

Extension requests must show good cause and not be self-created crisis.

You must demonstrate that the additional time you seek is warranted and that the requested extension is not a crisis of your creation, thus precluding you from seeking ex parte relief.

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Opposition to motion must be filed 21 days before hearing date.

Pursuant to Local Rule 7-9, your opposition is due not later than twenty-one (21) days before the date designated for hearing of the motion.

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Extension requests must be filed ex parte before opposition due date.

If you need additional time to oppose the motion, you must file and serve an ex parte application requesting an extension of time prior to the date on which your opposition is due.

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Failure to properly oppose certain motions may result in case dismissal.

Depending on the motion, this may result in the dismissal of your case.

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Failure to oppose a properly supported motion may result in the Court granting that motion.

Failure to oppose an otherwise properly supported motion may result in the Court granting that motion. See Local Rule 7-12.

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Failure to serve within Federal Rules time limits results in dismissal for lack of prosecution.

It is important to promptly and properly serve the opposing party, especially with the summons and complaint when initiating an action, because failure to serve within the time limits specified by the Federal Rules will result in the dismissal of your action for lack of prosecution.

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Discovery cut-off is completion deadline, not service deadline.

The cut-off date for fact and expert discovery is the final date by which discovery must be completed; it is not the date by which the discovery requests themselves must be served.

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Page 2 | A. Discovery Cut-Off & Discovery Motions

Additional/alternative dates require stipulation with good cause.

If the parties wish to set additional or alternative dates, they must file a stipulation and proposed order setting forth the dates requested and demonstrating good cause.

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Page 2 | B. Non-Discovery Motions Deadline

Continuance requests for pretrial/trial dates require detailed declaration showing good cause, due diligence, and prior request history.

The Court has a strong interest in keeping scheduled dates certain. Accordingly, pretrial and trial dates set by the Court are firm. Any request for continuance of pretrial and/or trial dates must be by motion, stipulation, or application, and must be supported by a declaration setting forth the reasons for the requested relief. The declaration must contain a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance and a description of the parties’ efforts taken to advance the litigation. This showing should demonstrate that the work still to be performed reasonably could not have been accomplished within the applicable deadlines. General statements are insufficient to establish good cause. The declaration should also include whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court. Stipulations extending dates set by the Court are not effective unless approved by the Court, and without compelling factual support and a showing of due diligence, stipulations continuing dates set by the Court will be denied.

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Page 17 | K. Continuances of Pretrial and Trial Dates

Counsel must address all remarks to the Court, not to other parties.

Counsel must address all remarks to the Court. Counsel must not address the Courtroom Deputy, the court reporter, persons in the audience, or opposing counsel.

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Page 17 | COURTROOM DECORUM & CIVILITY

Counsel must not exhibit agreement/disagreement with witness testimony or opposing counsel.

Counsel must not make facial expressions, nod, shake their heads, comment, or otherwise exhibit in any way any agreement, disagreement, or other opinion or belief concerning the testimony of a witness or argument by opposing counsel.

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Page 17 | COURTROOM DECORUM & CIVILITY

Counsel must rise when addressing the Court or when Court/jury enters or leaves courtroom.

Counsel must rise when addressing the Court, and when the Court or the jury enters or leaves the courtroom, unless directed otherwise.

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Page 17 | COURTROOM DECORUM & CIVILITY

Stipulations require opposing counsel approval and defendant's personal concurrence.

Counsel must not offer a stipulation unless counsel have conferred with opposing counsel and have verified that the stipulation will be acceptable. Any stipulation of fact will require the defendant’s personal concurrence, must be explained to the defendant in advance, and shall be submitted to the Court in writing for approval.

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Page 17 | COURTROOM DECORUM & CIVILITY

Counsel must not address witnesses or parties by first names alone, except for witnesses under 14.

Counsel must not address or refer to witnesses or parties by first names alone, except for witnesses who are below age fourteen (14).

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Page 17 | COURTROOM DECORUM & CIVILITY

Counsel must not approach the Courtroom Deputy, jury box, or witness stand without permission.

Counsel must not approach the Courtroom Deputy, the jury box, or the witness stand without permission and must return to the lectern when the purpose for the approach has been accomplished.

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Page 17 | COURTROOM DECORUM & CIVILITY

Counsel must not leave counsel table to confer without Court's permission.

Counsel must not leave counsel table to confer with any person in the back of the courtroom without the Court’s permission.

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Page 17 | COURTROOM DECORUM & CIVILITY

Counsel must never speak to jurors and must avoid juror-overheard conversations.

Counsel must never speak to jurors under any circumstance, and must not speak to co-counsel, opposing counsel, witnesses, or clients if the conversation can be overheard by jurors.

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Page 17 | COURTROOM DECORUM & CIVILITY

Counsel must return exhibits to Courtroom Deputy before leaving courtroom.

Counsel are responsible for any exhibits they secure from the Courtroom Deputy and must return them before leaving the courtroom.

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Page 18 | COURTROOM DECORUM & CIVILITY

Unmarked exhibits must be requested for marking; shown to opposing counsel before session.

Any exhibit not previously marked must be accompanied by a request that it be marked for identification at the time of its first mention. Counsel must show a new exhibit to opposing counsel before the court session in which it is mentioned.

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Page 18 | COURTROOM DECORUM & CIVILITY

Calling party must ensure witness is ready when trial resumes after recess.

If a witness was on the stand at the time of a recess or adjournment, the party that called the witness shall ensure the witness is back on the stand and ready to proceed as soon as trial resumes.

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Page 18 | COURTROOM DECORUM & CIVILITY

Bottled water permitted; food/beverages prohibited; cell phones must be silenced.

Bottled water is permitted in the courtroom. Food and other beverages are not permitted. Cell phones must be silenced or may be confiscated.

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Page 18 | COURTROOM DECORUM & CIVILITY

Parties, counsel, and witnesses must be punctual; trial is priority.

The Court expects the parties, counsel, and witnesses to be punctual. Once the parties and their counsel are engaged in trial, the trial must be their priority. The Court will not delay progress of the trial or inconvenience jurors.

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Page 18 | COURTROOM DECORUM & CIVILITY

Parties must have witnesses available; unreasonable delays may result in deemed rest.

No presenting party may be without witnesses. If a party’s remaining witnesses are not immediately available, thereby causing an unreasonable delay, the Court may deem that party to have rested.

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Page 18 | COURTROOM DECORUM & CIVILITY

Exhibits must be provided to Court and opposing counsel before showing to witness.

No exhibit shall be placed before a witness unless a copy has been provided to the Court and opposing counsel.

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Page 18 | COURTROOM DECORUM & CIVILITY

Notify Court Reporting Services 14 days before hearing for special services.

Any party requesting special court reporter services for any hearing, such as "Real Time" transmission or daily transcripts, shall notify Court Reporting Services at least fourteen (14) days before the hearing date.

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Ex parte applications require advance notice by phone and email to all parties.

Counsel for the applicant must provide advance notice of the application by telephone and email to all other parties. In addition to the information required by Local Civil Rule 7-19.1, the notice must advise the other parties of the anticipated deadline to oppose the application. The applicant must serve the application by facsimile, email, or personal service, even if electronic service is effected under Local Criminal Rule 49-1, et seq.

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Ex parte applications must be sent in PDF and Word formats to chambers email with notice of opposition.

Counsel are reminded that ex parte applications are solely for extraordinary relief and are rarely granted. All ex parte applications must be sent in PDF version to HDV_Chambers@cacd.uscourts.gov along with a Word version of the proposed order. Both the e-mail to the Court and the application should advise whether opposing counsel will be filing an opposition. Ex parte applications that fail to conform to Local Civil Rule 7-19, including a statement of opposing counsel's position, will not be considered, except on a specific showing of good cause.

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Notify Courtroom Deputy 4 business days before trial if bringing electronic equipment.

If electronic equipment must be brought into the courtroom for trial, counsel shall make prior arrangements with the Court Security. Notice must be given to the Courtroom Deputy at HDV_Chambers@cacd.uscourts.gov no later than four (4) business days before trial.

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Lead trial counsel must meet and confer in person 40 days before FPTC.

The parties must comply with Local Rule 16. Pursuant to L.R. 16-2, lead trial counsel for each party are required to meet and confer in person forty (40) days in advance to prepare for the FPTC.

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Counsel prohibited from contacting chambers by email, phone, or ex parte means.

Counsel must not attempt to contact the Court or chambers staff by email, telephone, or by any other ex parte means.

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Page 17 | XVI. COMMUNICATIONS WITH CHAMBERS

Counsel prohibited from contacting Courtroom Deputy about case status.

Counsel must not contact the Courtroom Deputy regarding the status of any matter before the Court.

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Page 17 | XVI. COMMUNICATIONS WITH CHAMBERS

Court encourages providing opportunities for junior and diverse lawyers.

The Court is committed to fostering the development of new and diverse lawyers in the legal community. Consequently, the Court strongly encourages litigants to provide opportunities for less experienced lawyers or lawyers whose identities and/or backgrounds further the diversity of the legal community.

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Page 2 | APPEARANCES BY COUNSEL

Parties may divide oral argument among two attorneys.

the underlying motion. To that end, the Court will allow parties to divide their oral argument among two attorneys. Of course, the ultimate decision of who speaks on behalf of the client is for the client and not the Court.

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Court encourages providing opportunities for less experienced and diverse lawyers.

The Court is committed to fostering the development of new and diverse lawyers in the legal community. Consequently, the Court strongly encourages litigants to provide opportunities for less experienced lawyers or lawyers whose identities and/or backgrounds further the diversity of the legal community.

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Page 2 | APPEARANCES BY COUNSEL

Parties may divide oral argument between two attorneys.

The Court will allow parties to divide their oral argument among two attorneys.

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