Judge Margo A. Rocconi
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Motions to compel filed near discovery cutoff date are summarily rejected without showing due diligence and good cause.
Request must include
Document Filing Requirements13 rules
Machine summary. Not checked yet.Mandatory?
Parties shall not agree to or file pro forma discovery plans that do not substantively and meaningfully discuss the topics laid out in Rule 26(f)(3). Issues, subjects, or disputes that could have been raised in a substantive, meaningful discovery plan, but are only raised for the first time in a motion to compel, may be deemed waived or resolved against the non-compliant parties and/or their counsel.
Summary: Discovery plans must substantively discuss Rule 26(f)(3) topics; issues not raised in plan may be waived.
Document Type
Discovery Plan
Machine summary. Not checked yet.Mandatory?
Parties responding to document requests shall not use boilerplate objections that violate Rule 34(b)(2), as amended in December 2015. Nor shall responding parties use the concept of “disproportionality” as a synonym for previous boilerplate objections of irrelevance, overbreadth, undue burden, or the like. Discovery may be proportional to the needs of a case even if producing it may be burdensome, time-consuming, and costly; and conversely, discovery that is not unduly burdensome to produce does not mean it is necessarily proportional to the needs of the case. Conclusory objections based on alleged disproportionality, burden, cost, or overbreadth without any basis in fact shall be summarily rejected and/or deemed waived.
Summary: No boilerplate objections violating Rule 34(b)(2); disproportionality not synonym for other objections; conclusory objections waived.
Document Type
Discovery Response
Machine summary. Not checked yet.Mandatory?
If the parties have a dispute on the scope of discovery, they shall include in their meet-and-confer discussions the relevance and proportionality factors set forth in Rule 26(b)(1), as amended in December 2015. Relevance in discovery is broader than how relevance is defined in Federal Rule of Evidence 401, but parties may no longer assert relevant discovery includes any matter relating to “any issue that is or may be in the case,” or that discovery is relevant so long as it relates to the subject matter of the action. Relevance in discovery means it must relate to the legal elements of the parties’ “claims or defenses,” and even then, relevant information may be produced only if it is proportional to the needs of the case considering the proportionality factors.
Summary: Meet-and-confer must discuss Rule 26(b)(1) relevance and proportionality factors; relevance limited to claims/defenses.
Document Type
Discovery Dispute
Machine summary. Not checked yet.Mandatory?
Parties moving for sanctions based on failure to preserve electronically stored information shall be familiar with and seek relief only as permitted by amended Rule 37(e). Sanctions cases decided before the December 2015 amendments to Rule 37(e) should b used cautiously considering the changes to the rule.
Summary: Sanctions for ESI preservation must follow amended Rule 37(e); pre-2015 cases should be used cautiously.
Document Type
Motion For Sanctions
Machine summary. Not checked yet.Mandatory?
After creating the case docket and obtaining a case number, the filer must add that case number to the caption of each document filed in that case.
Summary: After obtaining a case number, the filer must include it in the caption of every document filed in that case.
Document Type
All
Machine summary. Not checked yet.Mandatory?
The notice email must include the following information: notice that an Application has been filed, the case number, and contact information for the responsible agent and the Assistant United States Attorney ("AUSA") who filed the Application. The subject line of the notice email must begin with the phrase "CRIMINAL DUTY MATTER." If multiple related Applications are filed concurrently (such as when a single Affidavit covers multiple search locations), the notice email should include a list of all such Applications and their associated case numbers.
Summary: The notice email to the duty judge must include the case number, contact info for the agent and AUSA, and a subject line starting with 'CRIMINAL DUTY MATTER'; if multiple related Applications are filed, list them all.
Document Type
Notice Email
Machine summary. Not checked yet.Mandatory?
Any request for an extension of a delayed-notice period must be accompanied by a completed AO-95 Information on Application for Delayed Notice Report form.
Summary: Extension requests for delayed-notice periods must include a completed AO-95 form.
Document Type
Extension Request
Machine summary. Not checked yet.Important?
Failure to comply with any part of this order may result in discovery sanctions, including payment by the non-compliant party and/or its counsel of the opposing party’s reasonable attorney’s fees.
Summary: Non-compliance may result in discovery sanctions and attorney's fees.
Document Type
Discovery Dispute
Machine summary. Not checked yet.Important?
The parties shall be familiar with the December 2015 revisions to the Federal Rules of Civil Procedure, including the advisory committee notes, that affect civil discovery practice. The parties shall not cite to cases that rely on language, principles, or holdings derived from the pre-December 2015 versions of the Federal Rules of Civil Procedure that are inconsistent with the text and purposes of the December 2015 revisions.
Summary: Parties must be familiar with December 2015 FRCP revisions and cannot cite pre-2015 cases inconsistent with revisions.
Document Type
Discovery Dispute
Machine summary. Not checked yet.Important?
In any discovery dispute about waiver of attorney-client privilege or work product protection, especially with respect to electronically stored information, the parties’ failure to have obtained a non-waiver agreement under Fed. R. Evid. 502(e) or a non-waiver order under Fed. R. Evid. 502(d) may be considered as a factor in the court’s determination of the dispute.
Summary: Failure to obtain non-waiver agreement/order under Rule 502 may be considered in privilege disputes.
Document Type
Motion To Compel
Machine summary. Not checked yet.Important?
If the Application requests delayed notice, a completed AO-95 Information on Application for Delayed Notice Report form must be attached to the Application.
Summary: If the warrant application requests delayed notice, a completed AO-95 form must be attached.
Document Type
Application For Warrant
Machine summary. Not checked yet.Important?
If the Application requests delayed notice, a completed AO-95 Information on Application for Delayed Notice must be attached to the Application.
Summary: If the application requests delayed notice, a completed AO-95 form must be attached.
Document Type
Application
Machine summary. Not checked yet.Important?
Filers must check the appropriate duty judge's Procedures and Schedules, available at www.cacd.uscourts.gov/judges-schedules-procedures. Many magistrate judges have posted additional information regarding the handling of electronically filed criminal duty matters.
Summary: Filers must check the duty judge's Procedures and Schedules for additional handling instructions for e-filed criminal duty matters.
Document Type
Application
Filing & Service rules
Electronic Filing Rules
Complaints, charging documents, certain affidavits, concurrent documents, CVB matters, and matters subject to District Judge review must be filed in paper format.
Those types of criminal duty matters as well as those subject to review by a United States District Judge remain subject to Local Criminal Rule 49-1.2(b)(4) and, if filed with the Court, must be presented to the Clerk for filing in paper format.
Machine summary. Not checked yet. · Criminal cases
Page 2 | I. CRIMINAL DUTY MATTERS DESIGNATED FOR PILOT PROJECT
Magistrate Judge Criminal Duty Matters filed by the USAO must be filed electronically via CM/ECF, except for complaints, charging documents, certain affidavits, concurrent documents, and CVB matters.
This General Order creates an exception to Local Criminal Rule 49-1.2(b)(4) for all Magistrate Judge Criminal Duty Matters filed by the United States Attorney's Office ("USAO") except complaints and other charging documents, Affidavits re: Out-of-District Arrest Warrant filed under Federal Rule of Criminal Procedure 5(c)(3), documents filed concurrently with such charging documents or affidavits, and all Central Violations Bureau ("CVB") matters.
Machine summary. Not checked yet. · Criminal cases
Page 2 | I. CRIMINAL DUTY MATTERS DESIGNATED FOR PILOT PROJECT
To obtain a warrant, the filer must electronically file an Application for Warrant as Dkt. No. 1 and attach the Proposed Warrant.
To obtain a warrant, the filer must electronically file an "Application for Warrant" as docket number one (Dkt. No. 1) in the case and lodge the Proposed Warrant as an attachment to the Application.
Machine summary. Not checked yet. · Criminal cases
Page 3 | C. Filing Application 1. Warrants
Participating Filers must open a new criminal duty matter case in CM/ECF to submit it for review under the Pilot Project, and the case will automatically receive an MJ case number.
To submit a criminal duty matter for review by a United States Magistrate Judge under the Pilot Project, a Participating Filer must first open a new criminal duty matter case in the Court's CM/ECF System. This creates the docket in CM/ECF in which the relevant documents will be filed. A criminal duty matter case opened electronically in the CM/ECF System by a Participating Filer will automatically be issued an "MJ" case number.
Machine summary. Not checked yet. · Criminal cases
Page 3 | B. Commencement of Criminal Duty Matter and Assignment of Case Number
For other criminal duty matters under the Pilot Project, file an application as Dkt. No. 1 with a Proposed Order attached.
For all other types of criminal duty matters designated for the Pilot Project under Section I, above, file an application detailing the relief sought as docket number one (Dkt. No. 1) and lodge a Proposed Order as an attachment to the Application.
Machine summary. Not checked yet. · Criminal cases
Page 4 | C. Filing Application 2. All Other Criminal Duty Matters Designated for the Pilot Project
Extension, continuance, or postponement requests must be e-filed under the same case number as the related Application.
A request for an extension of a delayed-notice period, or any other request for any type of extension, continuance, or postponement, must be e-filed under the same case number as the Application to which it relates.
Machine summary. Not checked yet. · Criminal cases
Page 8 | I. Extension Requests
Criminal duty matters referred to magistrate judges must be electronically filed by the U.S. Attorney's Office, with exceptions for certain documents.
All criminal duty matters referred to the magistrate judges of this court by General Order 05-07 except complaints, Affidavits re: Out-of-District Arrest Warrant, and other charging documents, documents filed concurrently with charging documents, and CVB matters must, when filed by the Office of the United States Attorney, be electronically filed.
Machine summary. Not checked yet. · Criminal cases
Page 10 | II. PROCEDURES FOR FILING DOCUMENTS ELECTRONICALLY UNDER THE PILOT PROJECT
Criminal duty matters not referred to magistrate judges must be filed in paper format and reviewed by a district judge.
Any criminal duty matters not referred to the magistrate judges of this court by General Order 05-07 are excluded from the scope of this pilot project, must be presented for filing in paper format, and will be reviewed by a district judge.
Machine summary. Not checked yet. · Criminal cases
Page 10 | II. PROCEDURES FOR FILING DOCUMENTS ELECTRONICALLY UNDER THE PILOT PROJECT
Filing Timing and Cure Windows
Notice email must be sent to the duty magistrate judge for that day if filed between 8:00 AM and 4:00 PM; if filed after 4:00 PM without emergency, send to the next day's duty judge.
For new Applications e-filed between 8:00 a.m. and 4:00 p.m. on regular court days, the notice email must be sent to the magistrate judge on criminal document duty that day. For new Applications e-filed after 4:00 p.m. that do not require emergency attention, the notice email must be sent to the magistrate judge on criminal document duty the next regular court day.
Machine summary. Not checked yet. · Criminal cases
Page 5 | II.E. Identifying Appropriate Duty Judge
Sealing & Redaction Procedures
Applications for other criminal duty matters are automatically sealed upon filing and remain sealed until an unsealing order is entered.
The Application, all attachments to the Application, and the text of the docket entry will automatically be sealed upon filing and will remain sealed until an order unsealing them is entered.
Machine summary. Not checked yet. · Criminal cases
Page 4 | C. Filing Application 2. All Other Criminal Duty Matters Designated for the Pilot Project
Warrant applications and attachments are automatically sealed upon filing and remain sealed until the warrant is returned.
The Application, all attachments to the Application, and the text of the docket entry will automatically be sealed upon filing and will remain sealed until after the Warrant, if approved, issued, and executed, is returned.
Machine summary. Not checked yet. · Criminal cases
Page 4 | C. Filing Application 1. Warrants
A separate motion to seal is not needed for warrant applications unless documents must remain sealed after the warrant is returned; if so, file an Application for Leave to File Under Seal as Dkt. No. 2 with a Proposed Order.
A separate Application for Leave to File Under Seal is not necessary unless the filer believes that documents filed in the case should remain under seal after the executed warrant has been returned; in that event, an Application for Leave to File Under Seal should be electronically filed as docket number two (Dkt. No. 2) in the case, with a Proposed Order attached.
Machine summary. Not checked yet. · Criminal cases
Page 4 | C. Filing Application 1. Warrants
A separate motion to seal is not required for other criminal duty matters under the Pilot Project.
A separate Application for Leave to File Under Seal is not necessary.
Machine summary. Not checked yet. · Criminal cases
Page 4 | C. Filing Application 2. All Other Criminal Duty Matters Designated for the Pilot Project
Pre-Motion Conference Requirements
Telephonic and/or in-person conferences required to resolve discovery disputes; email exchanges insufficient.
required telephonic and/or in-person conferences of counsel to resolve discovery disputes. Pro forma or perfunctory email exchanges shall not be considered adequate pre-filing conferences of counsel.
Machine summary. Not checked yet. · Civil cases
Page 2 | STANDING ORDER ON DISCOVERY DISPUTES
Counsel must hold telephonic or in-person conferences to resolve discovery disputes; pro forma email exchanges do not satisfy the pre-filing conference requirement.
required telephonic and/or in-person conferences of counsel to resolve discovery disputes. Pro forma or perfunctory email exchanges shall not be considered adequate pre-filing conferences of counsel.
Machine summary. Not checked yet. · Civil cases
Page 2 | Standing Order on Discovery Disputes
Adjournment & Extension Requirements
Motions to compel filed near discovery cutoff date are summarily rejected without showing due diligence and good cause.
because of an impending Discovery Cutoff date ordered by the assigned District Judge are not permitted and shall be summarily rejected absent a showing of due diligence and good cause why the disputed motion could not have been raised significantly in advance of the Discovery Cutoff date. If no such diligence and cause can be shown, the parties must seek and obtain relief from the District Judge’s scheduling order first before filing a motion to compel.
Machine summary. Not checked yet. · Civil cases
Page 3 | STANDING ORDER ON DISCOVERY DISPUTES
Chambers Communication Rules
For emergency Applications filed after 4:01 PM, the filer must immediately notify the after-hours duty magistrate judge without waiting for Clerk's Office review.
For new Applications e-filed between 4:01 p.m. and 8:00 a.m. the next regular court day that require emergency attention, the filer must provide notice to the after-hours duty magistrate judge immediately, without waiting for the Clerk's Office review process to be completed.
Machine summary. Not checked yet. · Criminal cases
Page 5 | II.E. Identifying Appropriate Duty Judge
After e-filing a sealed Application, the filer must wait for Clerk's Office notification of docket access, then immediately email the duty magistrate judge to notify them the Application is ready for review.
After filing an Application electronically under Section II.C., the filer must wait to receive notification by email from the Clerk's Office that access has been granted to the sealed docket. After receiving this notification, and not before, the filer must immediately send an email to the chambers-specific criminal duty email address of the appropriate duty magistrate judge (see Appendix B for a list of email addresses), notifying the judge that the Application has been filed and is ready for review.
Machine summary. Not checked yet. · Criminal cases
Page 5 | II.D. Notice to Duty Judge
For emergency after-hours Applications, the filer must also contact the United States Marshals Service in addition to emailing the after-hours duty judge.
In addition to sending the notice email required by Section II.D., above, which should be directed to the magistrate judge on after-hours duty at the time the Application is e-filed, the filer must also follow the current procedures for all after-hours criminal filings and contact the United States Marshals Service.
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Page 6 | II.E. Identifying Appropriate Duty Judge
For emergency re-filed denied Applications after 4:01 PM, send notice to the after-hours duty judge regardless of who denied the original.
For previously denied Applications re-filed between 4:01 p.m. and 8:00 a.m. the next regular court day that require emergency attention, the notice email should be sent to the magistrate judge on after-hours duty at the time the Application is re-filed, regardless of which judge denied the original Application.
Machine summary. Not checked yet. · Criminal cases
Page 6 | II.E. Identifying Appropriate Duty Judge
Filers must immediately email the duty magistrate judge after filing an extension request or the request may not be considered.
filer must immediately send an email to the chambers-specific criminal duty email address of the magistrate judge on duty at the time of filing the extension request, even if the request relates to an Application that was granted by a different judge. If the filer fails to email notice to the duty judge promptly after filing the request for extension, the request may not be considered.
Machine summary. Not checked yet. · Criminal cases
Page 9 | I. CRIMINAL DUTY MATTERS DESIGNATED FOR PILOT PROJECT
For re-filed denied Applications, the notice email must be sent to the judge who denied the original, unless it is an emergency outside regular hours.
For Applications that have already been denied by a previous duty judge and that are being re-filed with amendments or corrections, the notice email must be sent to the judge who denied the original Application even if a different judge is on duty the day the Amended Application is filed, unless the Amended Application requires emergency attention outside regular court hours.
Machine summary. Not checked yet. · Criminal cases
Page 6 | II.E. Identifying Appropriate Duty Judge