Eastern District of California Adjournment & Extension Requirements

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Presently, when a civil trial is set before the district judge, any criminal trial set which conflicts with a civil trial, even though the civil trial was set first, will take priority. Continuances of civil trials under these circumstances will no longer be entertained, absent a specific and stated finding of good cause, but will instead trail the completion of the criminal case.

Summary: Continuances of civil trials that conflict with a prioritized criminal trial will not be entertained absent a specific and stated finding of good cause, and the civil trial will instead trail the criminal case.

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Before submitting any requests for continuance of any deadline or hearing date in both civil and criminal cases, counsel must first check dates with the courtroom deputy.

Summary: Before submitting any request to continue a deadline or hearing date in a civil or criminal case, counsel must first check dates with the courtroom deputy.

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Counsel shall contact the courtroom deputy prior to submitting any requests for continuance of any hearing date(s).

Summary: Counsel must contact the courtroom deputy before submitting any request to continue a hearing date.

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(**Counsel shall contact the courtroom deputy for proposed dates prior to submitting requests for continuances of pretrial and trial dates.)

Summary: Counsel must contact the courtroom deputy for proposed dates before submitting any request to continue pretrial or trial dates.

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Any request to modify the dates or terms of the Scheduling Order, except requests to change the date of the trial, may be heard and decided by the assigned Magistrate Judge. All requests to change the trial date must be submitted to and decided by Judge Shubb.

Summary: Scheduling Order modifications (except trial date changes) may be decided by the assigned Magistrate Judge, but all trial date change requests must be decided by Judge Shubb.

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Prior to submitting any requests for continuance, counsel shall make sure that the dates sought to be continued (i.e. discovery deadlines, motion cut-off, expert reports, etc.) do not interfere or go beyond the pretrial conference and/or trial dates, unless those dates (pretrial conference and trial dates) are also included in the request for continuance.

Summary: Continuance requests must ensure the dates to be continued do not extend beyond the pretrial conference or trial dates unless those dates are also included in the request.

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Please contact the courtroom deputy for a new hearing date prior to seeking the continuance of any criminal matters.

Summary: Counsel must contact the courtroom deputy for a new hearing date before seeking a continuance of any criminal matter.

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Any written request for a continuance must include a reason for the continuance.

Summary: Every written continuance request must state the reason for the continuance.

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Civil cases

No stipulations extending scheduling requirements or modifying applicable rules are effective until and unless the Court approves them. Both applications and stipulations must be filed well in advance of the date due and set forth: (1) the existing due date or hearing date as well as the discovery cutoff date, the last date for hearing motions, the pre−trial conference date and the trial date; (2) specific, concrete reasons supporting good cause for granting the extension. In this regard, a statement that an extension “will promote settlement” is insufficient. The requesting party or parties must indicate the status of ongoing negotiations with specificity; and (3) whether there have been prior requests for extensions, and whether these were granted or denied by the court.

Summary: Extension requests must be filed well in advance and include existing dates, specific good cause reasons, and prior extension history.

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Civil cases

Plaintiff(s) shall complete service of process on all parties within ninety (90) days of the date of filing of the complaint.

Summary: Plaintiff must complete service of process within 90 days of filing.

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Civil cases

Within sixty (60) days of service of the complaint on any party, or from the date of removal, the parties shall confer as required by Fed. R. Civ. P. 26(f) and shall prepare and submit to the Court a joint status report that includes the Rule 26(f) discovery plan.

Summary: Parties must confer and submit joint status report with discovery plan within 60 days.

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Criminal cases

No stipulations extending scheduling requirements or modifying applicable rules are effective until and unless the Court approves them. Both applications and stipulations must be filed well in advance of the date due and set forth: (1) the existing due date, hearing date, or status conference date as well as any other dates and deadlines already set by the Court (e.g., discovery cutoff date, the last date for hearing motions, the trial confirmation hearing date, and/or the trial date); (2) specific, concrete reasons supporting good cause for granting the extension; and (3) whether there have been prior requests for extensions, and whether these were granted or denied by the court.

Summary: Extension requests must be filed well in advance and include existing dates, good cause reasons, and prior extension history.

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Civil cases

No stipulations extending scheduling requirements or modifying applicable rules are effective until and unless the Court approves them. Both applications and stipulations must be filed well in advance of the date due and set forth: (1) the existing due date or hearing date as well as the discovery cutoff date, the last date for hearing motions, the pre−trial conference date and the trial date; (2) specific, concrete reasons supporting good cause for granting the extension. In this regard, a statement that an extension “will promote settlement” is insufficient. The requesting party or parties must indicate the status of ongoing negotiations with specificity; and (3) whether there have been prior requests for extensions, and whether these were granted or denied by the court. Stipulations that have the effect of continuing the trial date are disfavored.

Summary: Extensions/stipulations require court approval, must be filed well in advance, include required elements; trial continuance stipulations disfavored.

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Criminal cases

Stipulation/Request to Continue 7 Days Before the Hearing/Trial by Noon (12pm)

Summary: Stipulation/request to continue must be filed 7 days before hearing/trial by noon.

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Criminal cases

Any requests to continue judgment and sentencing must be filed by the party requesting the continuance and state with particularity the reasons for the request.

Summary: Requests to continue judgment/sentencing must state reasons with particularity.

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Criminal cases

Parties may also submit a written sentencing memorandum pursuant to Local Rule 461(g). Any sentencing memoranda must be filed at least seven (7) days prior to the sentencing hearing.

Summary: Sentencing memoranda must be filed at least 7 days before sentencing hearing.

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Criminal cases

Change of Plea – Copy of Plea Agreement 3 Court Days Before Entry of the Plea by Noon (12pm)

Summary: Copy of plea agreement must be filed 3 court days before plea entry by noon.

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Criminal cases

Pretrial Motions 30 Days Before Trial Confirmation Hearing

Summary: Pretrial motions must be filed 30 days before trial confirmation hearing.

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Criminal cases

Discovery Cut-Off 14 Days Before Trial Confirmation Hearing

Summary: Discovery cut-off is 14 days before trial confirmation hearing.

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Criminal cases

No less than forty-two (42) days before the sentencing hearing, the probation officer’s proposed presentence report, including the probation officer’s recommendations, will be made available to both parties. Any objection to the report must be provided to the probation officer and opposing party, in writing, no less than twenty-eight (28) days before the sentencing hearing. The probation officer shall submit the presentence report and recommendation to Judge Coggins no less than twenty-one (21) days before the sentencing hearing. Formal objections to the presentence report, including objections to any special conditions requested by the probation officer, must be filed no less than fourteen (14) days before the sentencing hearing.

Summary: Sentencing deadlines: 42 days for PSR availability, 28 days for objections to probation officer, 21 days for probation officer submission, 14 days for formal objections.

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Civil cases

The dates set forth in Scheduling Orders issued by the Court are considered to be firm and will not be modified absent a showing of good cause, even if the parties file a stipulation to modify the schedule. Stipulations extending the deadlines contained in the Scheduling Order will not be considered unless they are accompanied by affidavits or declarations with attached exhibits, where appropriate, which establish good cause for granting the requested relief.

Summary: Scheduling Order dates are firm and require good cause to modify, with affidavits/declarations needed.

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Civil cases

Continuances of civil trials under these circumstances will no longer be entertained, absent a specific and stated finding of good cause, but will instead trail the completion of the criminal case.

Summary: Continuances of civil trials conflicting with criminal trials are only granted with a specific, stated finding of good cause.

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Criminal cases

No earlier than one month prior to the date set for the Review Hearing nor later than two weeks before the date set for the Review Hearing, counsel for Defendant may serve upon counsel for the government, or said counsel’s designee, a copy of a Petition seeking to have the scheduled Review Hearing vacated or continued, stating all facts supporting the relief sought.

Summary: Defense counsel may serve a continuance petition for Review Hearing between 1 month and 2 weeks prior to the hearing, including all facts supporting the request.

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Civil cases

Stipulations that have the effect of continuing dispositive motion dates or the trial date are disfavored.

Summary: Stipulations continuing dispositive motion dates or trial dates are disfavored.

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Criminal cases

Stipulations that have the effect of continuing the trial date are disfavored.

Summary: Stipulations continuing trial dates are disfavored.

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If you are seeking an extension from a Court ordered fine, please be advised that NO EXTENSIONS are granted. In addition, you may risk late penalties.

Summary: No extensions granted for court-ordered fines; late penalties may apply.

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Civil cases

Due to the impacted nature of the civil case docket, this Court disfavors requests to modify established dates.

Summary: Court disfavors requests to modify established dates due to impacted civil case docket.

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Only in rare instances and for good cause will requests to expand these page limits or to file a supplemental brief or sur-reply be granted. Any such requests must be filed in writing at least seven (7) days before the filing, absent good cause to deviate from that timeline.

Summary: Requests to exceed page limits must be filed in writing at least 7 days before filing.

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Requests for a remote appearance are generally disfavored absent a showing of hardship (for example, a pro se party without means to travel to the courthouse, a substantial increase in litigation costs from travel by counsel, health concerns, etc.). A request for a remote appearance must be filed in writing at least ten (10) days before the hearing, only after providing courtesy notice to other parties of the request, and must include the basis for the request.

Summary: Remote appearance requests must be filed in writing at least 10 days before hearing with notice to other parties.