Judge Anthony J. Battaglia

A petition to appoint a guardian ad litem must be filed at the same time as the underlying complaint.

Petitions for appointment of a guardian ad litem must be filed at the same time as the underlying complaint is filed.

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 47 | Rule 2.4.6 Minors/Incompetents/Conservatees

Opposition briefs to motions must be filed at least 7 calendar days before the hearing.

Opposition briefs must be filed at least seven (7) calendar days before the hearing date.

The quote is in the court's document. The summary is not checked yet. · Criminal cases

Page 2 | IV. PRETRIAL MOTIONS

Pretrial motions (other than motions in limine and sentencing motions) must be filed at least 14 calendar days before the hearing.

All motions, except motions in limine and those pertaining to sentencing matters, must be filed at least fourteen (14) calendar days before the hearing date.

The quote is in the court's document. The summary is not checked yet. · Criminal cases

Page 2 | IV. PRETRIAL MOTIONS

At least 7 calendar days before the first motion hearing, the parties must submit a written agreed-upon discovery and expert-witness timetable under Rule 16, including any disagreements.

Not later than seven calendar days prior to the first motion hearing, the parties must inform the Court in writing of the agreed upon timetable for the production of discovery, including the Alien Registration File, body-worn camera/remote-cam video, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement.

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Page 2 | III. COMPLIANCE WITH LOCAL RULE 16.1

Matters submitted after on Friday are not considered until the following Monday after that day's calendar matters.

As a senior District Judge, Judge Battaglia will not be available on Fridays. All matters submitted on Friday will be considered on the following Monday after the calendar matters for the day are addressed.

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Page 1 | II. CALENDAR

The first accounting must be filed within one year of establishing the SNT with the appropriate state court.

LR 17.1(b)(4)(B)(iii) requires that the order approving the trust include a provision that the first accounting be filed within one year of the establishment of the SNT with the San Diego Superior Court for California residents, or other appropriate court for non-residents.

Not confirmed. Read the court's wording below. · Civil cases

Page 24 | 12. Accounting

If the recipient is not a California resident, any required accounting must be filed in the court of general jurisdiction where the minor or incompetent resides.

If the recipient of the money or property is not a California resident, the accounting must be in the court of general jurisdiction where the minor or incompetent resides;

Not confirmed. Read the court's wording below. · Civil cases

Page 43 | IV. SETTLEMENT ALTERNATIVES UNDER THE CALIFORNIA PROBATE CODE (§ 3600. et. seq.)

A settlement order involving a trust, guardianship, or conservatorship must require any required first accounting to be filed within one year of establishment with the San Diego Superior Court.

In a settlement involving a trust, guardianship, or conservatorship, a requirement that the first accounting, if required, be filed within one year of the establishment of the trust, guardianship or conservatorship, with the San Diego Superior Court.

Not confirmed. Read the court's wording below. · Civil cases

Page 43 | IV. SETTLEMENT ALTERNATIVES UNDER THE CALIFORNIA PROBATE CODE (§ 3600. et. seq.)

For a hearing on a petition to approve a compromise and create an SNT, the named state directors must receive 15 days’ notice and a copy of the petition; out-of-state residents require notice to the appropriate public benefit office, and the general 30-day notice provision does not apply.

Fifteen (15) days’ notice of the time and place of hearing and a copy of the petition to approve the compromise and create the SNT must be given to the State Director of Health services, the Director of Mental Health, and the Director of Developmental Services at the office of each director in Sacramento. Prob. Code § 3602(f). The general 30- day notice provision of Probate Code § 17203 does not apply to these matters. For out of state resident minors/incompetents notice must be given to the appropriate public benefit state or federal office.

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

Page 20 | IV. SETTLEMENT ALTERNATIVES UNDER THE CALIFORNIA PROBATE CODE (§ 3600. et. seq.)

If Medicare pays some expenses, the defendant and their liability insurers must notify the Centers for Medicare & Medicaid Services of third-party litigation involving a Medicare beneficiary.

Where Medicare pays some of the expenses, the defendant’s and their liability insurers must notify the Centers for Medicare & Medicaid services of any third/party litigation involving a Medicare beneficiary. See, 42 U.S.C. Section 1395Y(b)(7)(B).

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

Page 39 | VII. ATTORNEY FEES, COSTS AND LIEN CLAIMS

Plaintiffs’ counsel must notify the victims compensation and government claims board of any legal proceedings or settlement involving the victims of crime program.

Victims of crime program, Plaintiffs’ counsel must notify the victims compensation and government claims board of any legal proceedings or settlement. See, Gov Code Section 13963.

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

Page 39 | VII. ATTORNEY FEES, COSTS AND LIEN CLAIMS

The client or their attorney must notify the employer or its insurer forthwith after filing a third-party action and before settling, with enough time for the employer to protect its lien.

Worker’s Compensation benefits in California, the client/client’s attorney must notify the employer or employer’s insurer “forthwith” upon filing a third-party action (Labor Code 3853) and provide notice before settling with a third-party tortfeasor in time for the employer to protect its lien. See, Labor Code Section 3860(a).

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Page 39 | VII. ATTORNEY FEES, COSTS AND LIEN CLAIMS

For a non-California resident recipient, disbursement must follow court restrictions similar to those in California Probate Code Section 3600 et seq.

If the recipient of the money or property is not a California resident, disbursement must occur pursuant to court restrictions which are similar to those of Section 3600 et. seq.

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 44 | APPENDIX A — Civil Rule 17.1 Actions Involving Minors or Incompetents

Settlement or judgment proceeds for a minor or incompetent California resident must be paid and disbursed under California Probate Code Section 3600 et seq.

Money or property recovered by a minor or incompetent California resident by settlement or judgment must be paid and disbursed in accordance with California Probate Code Section 3600, et. seq.

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Page 44 | APPENDIX A — Civil Rule 17.1 Actions Involving Minors or Incompetents

Federal, state, or local governments that provide medical benefits are entitled to notice of settlement or suit.

Whenever the federal, state or local governments provide medical benefits they typically have statutory rights by subrogation or private right of action to recover these and are entitled to notice.

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Page 38 | VIII. NOTICE OF SETTLEMENT (OR SUIT)

A Medi-Cal beneficiary or their counsel must report a third-party tort action to DHCS within 30 days after filing the personal injury claim or action.

Regarding Medi-Cal, in California, Welfare and Institutions Code section 14124.73, et. seq. requires the person receiving benefits or their personal representative (counsel) to report a third-party tort action to the Department of Health Care Services (DHCS) within 30 days of filing a personal injury claim or action.

Not confirmed. Read the court's wording below. · Civil cases

Page 39 | VII. ATTORNEY FEES, COSTS AND LIEN CLAIMS

The first accounting requires a new state-court petition, for which an initial filing fee applies where applicable.

Filing for the first accounting will be a new petition to the state court and an initial filing fee will apply, where applicable.

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 17 | 10. Accountings

Meet and confer required before sealing documents designated confidential or attorneys’ eyes only.

Where the movant seeks to seal a document because another party designated it “confidential” or “attorneys’ eyes only,” the movant must meet and confer with the designating party prior to filing the motion to determine whether the designating party still maintains that any portion of the document warrants sealing.

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Redacted version must be publicly filed if entire document doesn't meet sealing standard.

Unless the entire document satisfies the standard for sealing, a redacted version of the document must be publicly filed on the docket with only those portions of the document appropriately subject to filing under seal redacted.

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Do not contact chambers for hearing date on motion to seal; use specific caption language.

Parties are not to contact chambers for a hearing date on a motion to seal. In the motion’s caption, in lieu of a hearing date and time, the caption should instead state: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.

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Responses to motions to seal must be filed within 7 days.

Oppositions or notices of non-opposition must be filed within 7 days of the motion to seal’s filing.

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Parties must follow CASD ECF Policies for filing sealed documents.

Any party seeking to file documents under seal must comply with the procedures set forth in the CASD ECF Policies & Procedures, including the requirements for lodging the unredacted version of the filing it seeks to seal.

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Motion to seal must include description, legal standard, analysis, and supporting affidavits.

Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard; (3) an analysis of why the standard has been satisfied with respect to each proposed redaction; and (4) affidavits or declarations in support of the motion.

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Information subject to privilege claims may be presented to court under seal for determination.

the receiving party may promptly present the information to the court under seal for a determination of the claim.

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Page 87 | Rule 26(b)(5)

Inadvertent disclosure of privileged information does not waive privilege if reasonable precautions were taken and prompt corrective action follows.

If the disclosure of the privileged information was inadvertent (unintentional), there is no waiver: if the privilege holder took reasonable precautions to prevent disclosure; and took reasonably prompt measures to rectify the error.

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Page 88 | Waiver of Privilege [FRE 502]

Protective orders must include advance approval requirement before filing sealed documents

Stipulated protective orders in the Southern District of California must include a provision requiring advance approval by the judge hearing the case (or in Judge Moskowitz’ cases, the assigned magistrate judge) before documents can be filed under seal. Appropriate language would be similar to the following: "Nothing shall be filed under seal with the court, and the court shall not be required to take any action, without separate prior order by the Judge before whom the hearing or proceeding will take place, after application by the affected party with appropriate notice to opposing counsel."

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Page 189 | c

Confidential settlements require 'good cause' showing and court findings before sealing.

Where the parties indicate that the settlement is “confidential,” they are required to meet the same “good cause” showing and the same analysis and findings by the court must be made before the record can be sealed.

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Page 192 | Settlement Agreements

Parties must provide specific document descriptions and affidavits showing good cause to obtain a sealing order.

Parties seeking a sealing order must provide the court with: (1) a specific description of particular documents, or categories of documents, they need to protect; and (2) affidavits showing good cause to protect those documents from disclosure.

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Page 195 | Sealing Orders

Motion to seal and sealed documents must be submitted to chambers for pre-filing review; if denied, documents become publicly filed.

The Court recommends that parties seeking to seal documents that will be filed in conjunction with sentencing documents, noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents. The original motion to seal and the documents to be sealed should be submitted to chambers for review prior to filing them. This will allow the Court to consider the merits of the motion to seal, and if the motion is denied, allow the parties an opportunity to decide whether to include the documents in the subsequent sentencing document, motion, opposition, or reply. If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.

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Entire pleadings/attachments should not be sealed unless entire document meets sealing standard.

Parties should not seek to file under seal entire pleadings, or entire attachments, unless the party can establish that the entire document satisfies the standard for sealing.

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Broad allegations without specifics don't satisfy Rule 26(c) test.

Courts have said that, '[b]road allegations of harm, unsubstantiated by specific examples or articulated reasoning, do not satisfy the Rule 26(c) test[.]'

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Page 183 | 4. Showing Good Cause

Party seeking protective order must show good cause with specific need.

The party or person seeking the protective order bears the burden of 'good cause.' They must make a clear showing of a particular and specific need for the order.

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Page 183 | 4. Showing Good Cause

Embarrassment or minor harm insufficient for sealing.

Embarrassing or only slightly harmful is not a sufficient basis for protection.

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Page 183 | 4. Showing Good Cause

Good cause requires showing harm or prejudice from disclosure.

The 'need' is typically a showing of the harm or prejudice that would follow disclosure.

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Page 183 | 4. Showing Good Cause

Umbrella/blanket protective orders can be challenged as they lack document-by-document review.

Blanket and umbrella orders are inherently subject to challenge since they are issued without the document-by-document particularized showing.

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Page 188 | San Jose Mercury News

There is a presumptive right of public access; sealing is limited to documents necessary to protect sensitive information.

There is a presumptive right of public access to court records based upon common law and first amendment grounds. Even where a public right of access exists, such access may be denied by the Court in order to protect sensitive personal or confidential information. The Court may seal documents to protect sensitive information, however, the documents to be filed under seal will be limited by the Court to only those documents, or portions thereof, necessary to protect such sensitive information.

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Trade secrets and confidential commercial information may be protected from disclosure.

order that trade secret or other confidential research, development or commercial information not be revealed or revealed in a designated way

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Page 181 | Standard of Review

Court must balance interests even when good cause exists.

However, even if good cause exists, the court must balance the interests in allowing discovery against the relative burdens to the parties and nonparties (i.e., the public).

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Page 183 | 4. Showing Good Cause

Rule 26 allows sealing of discovery materials only in limited circumstances.

Under Rule 26, there are limited circumstances and situations where files, materials, or information can be sealed or limited in use.

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Page 183 | 4. Showing Good Cause

Judge must review any request to seal records to protect public interest.

The judge is the primary representative of the public interest in the judicial process and is duty-bound therefore to review any request to seal the record (or part of it).

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Page 187 | Arthur R. Miller

Umbrella protective orders covering trade secrets or other confidential information are permitted if judge verifies good faith and allows challenges.

There is no objection to an order that allows the parties to keep their trade secrets (or some other properly demarcated category of legitimately confidential information) out of the public record, provided the judge (1) satisfies himself that the parties know what a trade secret is and are acting in good faith in deciding which parts of the record are trade secrets and (2) makes explicit that either party and any interested member of the public can challenge the secreting of particular documents.

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Page 187 | Citizens First Nat’l Bank of Princeton

Courts have broad discretion to fashion protective orders without presumption of public access.

Applying a strong presumption of public access to the documents sealed after review by the court would 'surely undermine, and possibly eviscerate, the broad power of the district court to fashion protective orders.'

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Page 188 | Phillips

Protective orders with good cause determination override federal common law right of access.

Where, however, a court grants a protective order having determined good cause to protect particular information from being disclosed, the federal common law right of access does not apply to documents filed under seal for good cause shown.

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Page 188 | Corbitt

Parties can either agree on trade secret definition or list specific document categories with harm arguments for protective orders.

The court found the parties had two paths – either agree to an appropriate definition of trade secrets, or list discrete categories of documents by subject matter with supporting arguments showing that the category qualifies as protectable information and the specific competitive harm that was threatened.

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Page 188 | Cook Inc. v. Bos. Sci. Corp.

Disclosure process can be altered by stipulation or court order

The disclosure process may be altered by stipulation of the parties or court order.

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Page 28 | D. Altering the Disclosure Process by Stipulation

The parties may consent to magistrate judge jurisdiction to approve the entire settlement under 28 U.S.C. § 636(c).

The parties may also consent to magistrate judge jurisdiction to approve the entire settlement under 28 U.S.C. § 636(c).

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 44 | APPENDIX A — Civil Rule 17.1 Actions Involving Minors or Incompetents

With district judge approval, the parties may consent to magistrate judge jurisdiction to approve the entire settlement or compromise.

The parties may, with district judge approval consent to magistrate judge jurisdiction under 28 U.S.C. § 636(c) for entry of an order approving the entire settlement or compromise.

Checked against the court's document on Oct 4, 2026 · Civil cases

Page 44 | APPENDIX A — Civil Rule 17.1 Actions Involving Minors or Incompetents

A magistrate judge must review every settlement or compromise involving a minor or incompetent before an approval order issues.

All settlements and compromises must be reviewed by a magistrate judge before any order of approval will issue.

Not confirmed. Read the court's wording below. · Civil cases

Page 44 | APPENDIX A — Civil Rule 17.1 Actions Involving Minors or Incompetents

Rule 26(f) conference timing requirements.

Timing of the Rule 26(f) Conference

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Page 7 | III. RULE 26(f) CONFERENCE

Rule 26(f) conference is mandatory unless excluded.

Mandatory Unless Excluded by the Rule or Court Order.

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Page 7 | III. RULE 26(f) CONFERENCE

Participation requirements for Rule 26(f) conference.

Who Must Participate.

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Page 8 | III. RULE 26(f) CONFERENCE

Format requirements for Rule 26(f) conference.

Format of the Conference.

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Page 8 | III. RULE 26(f) CONFERENCE

Discussion requirements for Rule 26(f) conference.

What Must Be Discussed.

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Page 9 | III. RULE 26(f) CONFERENCE

Opposing counsel must be given opportunity to respond to ex parte applications.

After service of the ex parte application, opposing counsel will ordinarily be given an opportunity to respond. If more time is needed, opposing counsel should confer with

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Page 14 | D. Expedited (Pre-Answer or Pre-Service) Discovery

Objections to initial disclosure must be discussed at Early Neutral Evaluation Conference in the Southern District of California.

In the Southern District of California, counsel should be prepared to discuss any anticipated objections at the Early Neutral Evaluation Conference. The magistrate judge will resolve the issue at that time.

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Page 29 | E. Objections to Initial Disclosure

Rule 26(f) conference must address ESI preservation issues including backup tapes, archival data, and preservation of relevant data going forward.

Second, Rule 26(f) requires parties to discuss any issues relating to preserving discoverable ESI at the Rule 26(f) conference. This is the opportune time to discuss issues related to back up tapes, archival data, legacy data, or de-duplication of data, as well as the preservation of relevant data (e.g., emails) going forward.

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Page 65 | B. Early Attention to ESI

Case Management Conference required within 90 days of service (or 60 days of appearance)

The court must schedule a Case Management Conference within 90 days of a defendant being served or within 60 days of a defendant's first appearance. 42 Fed. R. Civ. P. 16(b) This timing is subject to extension in the court's discretion. Case Management Conferences are also required to follow within 30 days of the Early Neutral Evaluation Conference or 60 days after the Early Neutral Evaluation if arbitration or mediation is ordered.

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Page 174 | B. Timing of Case Management Conferences

Early Neutral Evaluation Conference required within 45 days of answer (60 days for patent cases)

In the Southern District of California, Local Civil Rule 16.1.c requires an Early Neutral Evaluation Conference within 45 days of the filing of an answer, except in patent cases where the conference is set within 60 days. See Patent L.R.2.1.a. Counsel and parties are required to appear before the magistrate judge supervising the pretrial management of the case for the conference.

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Page 174 | A. Timing of Early Neutral Evaluation Conferences

Meet and confer in person or by phone required before discovery motions; certificate of compliance required.

All judges require counsel’s compliance with Local Civil Rule 26.1.a. “The Court will entertain no motion pursuant to Rules 26 through 37, Fed. R. Civ. P., unless counsel will have previously met and conferred concerning all disputed issues.” Id. “If counsel have offices in the same county, they are to meet in person. If counsel have offices in different counties, they are to confer by telephone. Under no circumstances may the parties satisfy the meet and confer requirement by exchanging written correspondence.” Id. (emphasis added). A certificate of compliance regarding the meet and confer must be filed by the moving party concerning the dispute. Local Civil Rule 26.1.b.

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Page 177 | C. Meet and Confer Requirement

Failure to meet and confer results in rejection of motion to compel

If you haven’t fully discharged the meet and confer obligation, you cannot succeed, and your application will be rejected out of hand.

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Page 179 | G. Motions to Compel

Motions to compel require completing the Rule 26 meet and confer obligation before filing; applications without it will be rejected.

The key in succeeding on a motion to compel is, of course, completing the meet and confer obligation under Rule 26 first. If you haven't fully discharged the meet and confer obligation, you cannot succeed, and your application will be rejected out of hand.

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Page 180 | G. Motions to Compel

Motions must be filed 14 calendar days before hearing; oppositions 7 days before.

All motions, except motions in limine and those pertaining to sentencing matters, must be filed at least fourteen (14) calendar days before the hearing date. Opposition briefs must be filed at least seven (7) calendar days before the hearing date.

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Page 2 | IV. PRETRIAL MOTIONS

Motions in Limine are due 14 days before hearing, opposition due 7 days before, no replies permitted.

Motions in Limine: These Motions will be heard 14 days before the trial date unless otherwise set by the Court. Motions are due 14 days before the hearing, with any opposition due 7 days before the hearing, unless otherwise set by the Court. No reply memorandum are to be filed.

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Leave of court required for pre-Rule 26(f) discovery.

Obtaining Leave of Court for Pre-Rule 26(f) Discovery.

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Page 2 | II. TIMING AND SEQUENCE OF DISCOVERY

Court may require conference before filing discovery motions under Rule 16(b)(3).

Under the 2015 amendments, the court, may order that before moving for an order relating to discovery, the movant must request a conference with the court. Rule 16(b)(3). Check your Case Management or Scheduling Order in this regard.

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Page 12 | II. TIMING AND SEQUENCE OF DISCOVERY

Daubert motions should not be filed as in limine motions.

Daubert motions are not appropriate as in limine motions

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Page 19 | II. TIMING AND SEQUENCE OF DISCOVERY

Counsel must attempt to confer and resolve deposition disputes before contacting the court.

Counsel should attempt to confer and resolve the issues first. Counsel should also be mindful of, and adhere to, the rules applicable to depositions.

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Page 179 | E. Depositions

Patent Local Rules add specific topics to Rule 26(f) conference agenda.

The Southern District’s Patent Local Rules include directives for case proceedings and set various deadlines specific to this type of litigation. As to the Rule 26(f) conference, Patent L.R. 2.1.b adds topics to the Rule 26(f) conference agenda.

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Page 19 | II. TIMING AND SEQUENCE OF DISCOVERY

Class actions may limit discovery to class certification issues before hearing.

In class action cases, discussion should include the timing of the motion for class certification, as well as any necessary discovery in that regard. Many courts will limit discovery to class certification issues prior to the class certification hearing and determination and schedule the case accordingly.

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Page 19 | II. TIMING AND SEQUENCE OF DISCOVERY

Early resolution of legal issues should be discussed.

Issues of law that should be resolved early in the case schedule.

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Page 19 | II. TIMING AND SEQUENCE OF DISCOVERY

Daubert issues may have early deadlines in patent and non-patent cases.

Issues under Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), needing determination pre-trial. Note, a growing number of courts will set a deadline for the determination of Daubert issues well before the trial. In the Southern District of California, this is the case in patent litigation under Patent Local Rule 2.1.a.4. Many of the judges employ the rule in their non-patent cases as well, and this will be reflected in the case management or other scheduling orders.

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Page 19 | II. TIMING AND SEQUENCE OF DISCOVERY

ESI issues should be addressed early including search terms, production, preservation, and privilege.

Issues regarding disclosure and discovery of electronically stored information are important to address at this early stage. These issues should include search terms or methods; the form of production; preservation of electronically stored information; review of electronically stored information for privilege; electronically stored information that is not reasonably accessible; and, the assertion of privilege after production and any agreement regarding protecting rights to assert the attorney/client privilege are circumstances of inadvertent disclosure.

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Page 20 | II. TIMING AND SEQUENCE OF DISCOVERY

Rule 30(b)(6) witness matters should be discussed early.

The matters for examination of Rule 30(b)(6) witnesses of organization parties. This is now a requirement of Rule30(b)(6), and early attention to the matters of inquiry should help avoid overly long or ambiguously worded lists for examination and inadequately prepared witnesses.

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Page 20 | II. TIMING AND SEQUENCE OF DISCOVERY

Parties should formulate a joint discovery plan to lodge with court.

The formulation of a specific joint discovery plan to be lodged with the court.

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Page 20 | II. TIMING AND SEQUENCE OF DISCOVERY

Keyword searching is costly and inefficient; search terms must be carefully crafted.

Although key word searching has been the accepted standard, the approach has become overly costly and is inefficient with the large increase in ESI that we continue to amass. Where used, search terms are of particular importance. Crafted too narrowly, they will yield little; too broadly, they will yield far more than desired, or appropriate.

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Page 20 | II. TIMING AND SEQUENCE OF DISCOVERY

Parties should discuss desired changes to discovery limitations.

Any changes the parties desire in the limitations on discovery (i.e., 10 depositions per side) imposed by the Fed. R. Civ. P. discovery rules.

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Page 20 | II. TIMING AND SEQUENCE OF DISCOVERY

ESI must be discussed at Rule 26(f) conference.

Fed. R. Civ. P. 26(f)(3)(c) places ESI on the agenda for the Rule 26(f) conference by adding, “any issues about disclosure, discovery, or preservation of electronically stored information . . ..”

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Page 67 | C. Defining the Universe

Ex parte motions decided without hearing

After receipt, moving and opposing ex parte papers will be reviewed and a decision will be made without a hearing.

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Page 179 | F. Ex Parte Practice

Unopposed ex parte motions may be granted without hearing

Ex parte motions that are not opposed, will be considered unopposed and may be granted on that ground.

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Page 179 | F. Ex Parte Practice

All continuance requests must be made at least 3 court days before the hearing (e.g., a Monday hearing motion must be filed by 5pm the preceding Tuesday); otherwise the request is denied.

Please be advised that all continuance requests must be made no less than 3 court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date. By way of example, a motion to continue a hearing set for Monday must be filed by 5pm on the preceding Tuesday.

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Page 1 | II. CALENDAR

Before a defendant enters a plea agreement or case resolution, all continuance requests must be made by joint or unopposed motion.

Prior to a defendant entering into a plea agreement or other type of case resolution, all continuance requests require a joint or unopposed motion to continue.

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Page 1 | II. CALENDAR

Joint continu const motion must state reason, include written sign-off of non-custody defendants accepting the next court date, and address Speedy Trial Act exclusions; continuations are denied if Local Rule 16.1 is not fully complied with.

All joint motions to continue must include: a) the reason(s) for the circumstances establishing good cause for the continuance; b) defendants who are not in custody must sign the Joint Motion and each acknowledge and accept the next proposed court date in writing; c) in cases where the Speedy Trial Clock is active, all joint motions must address any time that should be excluded under the Speedy Trial Act in the joint motion AND proposed order. All proposed orders should be emailed to Judge Battaglia’s efile inbox. No continuation will be granted where the parties have failed to fully comply with Local Rule 16.1.

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Page 1 | II. CALENDAR

A party seeking a continuance must notify the Courtroom Deputy as soon as possible.

A party seeking a continuance of the hearing must notify Judge Battaglia’s Courtroom Deputy Director at the earliest possible time.

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Page 1 | II. CALENDAR

Continuances should be requested by joint motion before the scheduled date, not at the hearing itself.

Except as provided above, the Court prefers that continuance requests be agreed upon and made by joint motion prior to the scheduled date, and NOT at the time of the hearing.

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Page 1 | II. CALENDAR

The Courtroom Deputy may administratively continue sentencing matters if all parties agree, the case has not been continued twice before, and the continuance is no longer than 60 days from the original date.

The Courtroom Deputy may administratively continue sentencing matters where all parties agree, if the case has not been continued twice before, and in no event longer than 60 days from the originally scheduled date.

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Page 1 | II. CALENDAR

Continuance requests require 7-day advance notice, meet-and-confer, and detailed declaration

Continuances: Parties must meet and confer to discuss the requested change to any date or deadline before contacting the Court. Requests to continue or reschedule a conference, hearing, briefing schedule, or other date or deadline must be made by a motion filed no less than 7 days prior to the date the parties seek to change and include specific details addressing (1) the original date and proposed date; (2) good cause for the requested change; (3) the number of previous continuances and requests that have been made; (4) whether previous requests were granted or denied; (5) how this request will impact other dates or deadlines, and (6) how the parties fulfilled the Court’s meet-and-confer requirement. Such a motion must be supported by a detailed declaration, explaining the specific reasons and averring that the

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Page 5 | IV. Joint Motions

Discovery is stayed until Rule 26(f) conference occurs.

No discovery can occur before the Rule 26(f) conference, unless the case is excluded by the Rule itself, is stipulated otherwise, or unless the court so orders. Fed. R. Civ. P. 26(d).

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Page 11 | II. TIMING AND SEQUENCE OF DISCOVERY

Rule 26(f) conference must be held at least 21 days before Rule 16(b) scheduling conference.

The parties can hold the conference at any time they choose, however the Rule 26(f) conference must be held at least 21 days before the court scheduled Rule 16(b) Scheduling Conference.

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Page 11 | II. TIMING AND SEQUENCE OF DISCOVERY

Case management schedule may only be modified for good cause with court approval.

The schedule is not to be modified except for good cause and by leave of court. Fed. R. Civ. P. 16(b)(4).

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Page 15 | E. Discovery Cut-off Dates

Case management schedule modifications require good cause and judge's consent.

Under Rule 16(b)(4), a case management schedule may be modified only for good cause and with the judge’s consent.

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Page 16 | E. Discovery Cut-off Dates

Rule 26(f) conference must occur at least 21 days before Rule 16(b) scheduling conference.

The Rule 26(f) conference must be held at least 21 days before the Rule 16(b) scheduling conference.

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Page 16 | III. RULE 26(f) CONFERENCE

Patent cases require Rule 26(f) conference at least 21 days before Early Neutral Evaluation Conference.

Patent L.R. 2.1.a impacts the timing of the Rule 26(f) conference. It requires the Rule 26(f) conference 'no later than twenty-one (21) days before the [Early Neutral Evaluation Conference.]'

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Page 17 | II. TIMING AND SEQUENCE OF DISCOVERY

Initial disclosures must be made within 14 days after Rule 26(f) conference

Disclosures must occur within 14 days after the Rule 26(f) conference, unless the date is changed by stipulation or court order.

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Page 27 | B. Timing and Format of Disclosures

Newly added parties must make disclosures within 30 days of service/joinder

Parties added after the Rule 26(f) conference must make their disclosures within 30 days of their service or joinder in the action.

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Page 28 | C. Parties Added After the 26(f) Conference

Objections to pretrial disclosures are due 14 days after disclosure.

Written objections to the pretrial disclosures, if any, are due 14 days after the pretrial disclosure. The court may alter the timing for objections.

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Page 55 | Written objections to the pretrial disclosures

Objections not raised within 14 days are waived unless excused for good cause.

Objections not set forth [except those pursuant to Rules 402 (relevance) and 403 (prejudice, confusion or waste of time)] are waived unless excused by court for good cause.

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Page 55 | Objections not set forth

Pretrial disclosures are due 21 days before Final Pretrial Conference.

The duty to make the pretrial disclosure will occur approximately 21 days before the Final Pretrial Conference.

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Page 56 | The duty to make the pretrial disclosure

Objections to pretrial disclosures are due 14 days after disclosure (7 days before Final Pretrial Conference).

Any objections to pretrial disclosures would be due 14 days thereafter, which is approximately seven (7) days prior to the Final Pretrial Conference.

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Page 56 | Any objections to pretrial disclosures

Opposing counsel has until 5:00 PM next business day to respond to ex parte motion

After service of the ex parte motion, opposing counsel will ordinarily be given until 5:00 p.m. on the next business day to respond.

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Page 179 | F. Ex Parte Practice

Objections to magistrate judge's order must be filed within 14 days of service.

A party may file written objections to a magistrate judge's order within 14 days after being served with a copy. Fed. R. Civ. P. 72(a).

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Page 196 | Appealing a Magistrate Judge's Discovery Order

Pre-plea continuance requests require joint/unopposed motion with specific required elements.

Prior to a defendant entering into a plea agreement or other type of case resolution, all continuance requests require a joint or unopposed motion to continue. The Courtroom Deputy may administratively continue sentencing matters where all parties agree, if the case has not been continued twice before, and in no event longer than 60 days from the originally scheduled date. Except as provided above, the Court prefers that continuance requests be made by joint motion prior to the scheduled date, and NOT at the time of the hearing. All joint motions to continue must include: a) the reason(s) for the circumstances warranting the continuance; b) counsel for all parties must sign off on the Joint Motion and acknowledge and accept the next proposed court date in writing; c) in cases where the Speedy Trial Clock is active, all joint motions must address any time that should be excluded under the Speedy Trial Act in the joint motion AND proposed order.

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Page 1 | II. CALENDAR

Continuance requests must be filed at least 3 court days before hearing or will be denied.

All continuance requests must be made no less than 3 court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date. By way of example, a motion to continue a hearing set for Monday must be filed by 5pm on the preceding Tuesday.

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Page 2 | II. CALENDAR

Continuance requests must be made at least 3 court days before a hearing and must include reason, defendant acknowledgment, and proposed new date.

Joint motions to continue must state: a) a reason for the circumstances establishing good cause for the continuance; b) defendants who are not in custody must sign off on the joint motion, acknowledge it, and accept the next court date in writing. Please be advised that all continuance requests must be made no less than 3 court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date. By way of example, a motion to continue a hearing set for Monday must be filed by 5pm on the preceding Tuesday.

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Requests within 7 days must show excusable neglect for untimeliness

Requests made fewer than 7 days prior to the date the party seeks to change must address excusable neglect for the request’s untimeliness.

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Page 6 | IV. Joint Motions

Early discovery likely granted for jurisdictional issues, TRO/injunction, evidence preservation, or settlement facilitation.

Relief from the discovery moratorium is likely to occur in the following circumstances: a. Where some limited discovery is needed to address jurisdictional, venue or other issues in conjunction with a Rule 12 motion; b. Where a deposition is urgent in connection with a temporary restraining order or preliminary injunction; c. Where it is necessary to preserve testimony or other evidence; and, d. Where limited discovery would facilitate early settlement.

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Page 12 | II. TIMING AND SEQUENCE OF DISCOVERY

Early discovery issues handled by magistrate judges; meet and confer required under Local Rule 26.1.

Issues regarding early discovery are typically handled by magistrate judges. In the Southern District of California, counsel must comply with Local Rule 26.1, the meet and confer requirement, in this regard.

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Page 12 | II. TIMING AND SEQUENCE OF DISCOVERY

Early discovery granted if benefit outweighs burden under Rule 26(b)(2)(C) factors.

Rule 30(a)(2) requires the court to grant the request if it is consistent with the benefit versus burden approach set forth in Rule 26(b)(2)(C), which provides, '(iii) the burden or expense of proposed discovery outweighs its likely benefit, taking into account the needs of the case, the amount in controversy, the parties' resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues.'

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Page 12 | II. TIMING AND SEQUENCE OF DISCOVERY

Court may grant early discovery on case-by-case basis.

The court may order discovery before a Rule 26(f) conference on a case-by-case basis. Any party in the case may seek leave of court for early discovery.

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Page 12 | II. TIMING AND SEQUENCE OF DISCOVERY

Court has discretion to allow early discovery for good cause.

The court also has discretion to allow discovery prior to the Rule 26(f) conference if other good cause can be established.

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Page 12 | II. TIMING AND SEQUENCE OF DISCOVERY

14-day notice is generally reasonable for depositions; 30-day notice required when documents are requested.

Adequate notice must be 'reasonable' under Rule 30(b)(1). Since a party may seek a protective order under Rule 32(a)(5)(A) within 14 days of notice to prevent a deposition from proceeding, a 14-day notice is, by implication, general guidance for what is 'reasonable.' However, particular facts and circumstances may warrant a longer period. Note that where documents are requested from a party, 30 days' notice is required. Fed. R. Civ. P. 30(b)(2) and 34(b)(2)(A).

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Page 140 | II. TIMING AND SEQUENCE OF DISCOVERY

Discovery disputes handled by magistrate judges; objections must be filed within 14 days or right to appeal is waived.

Discovery disputes are handled by magistrate judges pursuant to Local Civil Rule 72.1.b., Fed. R. Civ. P. 72(a) and 28 U.S.C. § 636(b)(1)(A). Discovery rulings are appealable to the district judge assigned to the case. Any objections to the magistrate judge’s orders must be filed within fourteen (14) days of service of the order. A failure to object within this time will waive any right to appeal the order to the Court of Appeals after the disposition of the case is final in the district court. Fed. R. Civ. P. 72(a); McKeever v. Block, 932 F.2d 795 (9th Cir. 1991). The standard of review is whether the magistrate judge’s order is clearly erroneous or contrary to law. Id.

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Page 177 | A. Magistrate Judge Jurisdiction

Additional examinations require high showing of good cause.

But a high showing of good cause is generally required for additional examinations.

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Good cause required for third-party observer at exams.

Courts will generally demand a showing of good cause by the examinee as to why a third-party observer should be allowed.

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Attorney may attend psychiatric exam if criminal charges and Fifth Amendment concerns.

A possible exception exists where the examinee’s attorney may be present when the examinee faces criminal charges and there is a concern for protection of the examinee’s Fifth Amendment rights.

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Continuance requests must notify Courtroom Deputy at earliest possible time.

A party seeking a continuance of a hearing must notify Judge Battaglia's Courtroom Deputy at the earliest possible time.

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Page 1 | II. CALENDAR

Certain cases are exempt from discovery stay requirement.

The cases excluded in Rule 26(a)(1)(E) are exempt from this provision.

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Page 11 | II. TIMING AND SEQUENCE OF DISCOVERY

Court can shorten the 21-day period between Rule 26(f) and Case Management Conferences by order.

The court can reduce the time between the Rule 26(f) conference and the Rule 16(b) Case Management Conference to less than 21 days by order.

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Page 17 | II. TIMING AND SEQUENCE OF DISCOVERY

Parties can hold Rule 26(f) conference earlier than required without court order.

Nothing prevents the parties, on their own initiative, from convening the Rule 26(f) conference earlier than prescribed by the Rule.

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Page 17 | II. TIMING AND SEQUENCE OF DISCOVERY

Court may rule on objections in limine or at another setting.

The court may then rule on the objections in limine or at another setting.

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Page 56 | The court may then rule

Jury must convene at 9:00 AM daily, met by bailiff.

The jury should convene each day at 9:00 a.m. and will be met by a bailiff in the front of the courtroom.

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Page 1 | II. TIME SCHEDULE

Jurors cannot leave jury room without bailiff escort.

You may not leave the jury room unless a bailiff comes for you.

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Page 1 | I. COMMUNICATIONS WITH THE COURT

All jurors must leave jury room during breaks/lunch.

During breaks and lunch, everyone must leave. No juror is permitted to remain in the jury room alone.

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Page 1 | I. COMMUNICATIONS WITH THE COURT

All jury communications with court must be in writing, signed by foreperson, passed through bailiff.

All communications with the Court must be in writing, signed by the foreperson of the jury, and passed to the Judge through one of the bailiffs.

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Page 1 | I. COMMUNICATIONS WITH THE COURT

Bailiff knocks 3 times to signal stop deliberations.

When a bailiff responds to your call or needs to contact you for any other reason, they will knock loudly three times on the door. Bailiffs are not permitted to hear any of your deliberations, and this is the indication that you should stop deliberations.

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Page 1 | I. COMMUNICATIONS WITH THE COURT

Deliberations end at approximately 4:30 PM.

Deliberations will recess for the day at around 4:30 p.m.

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Page 1 | II. TIME SCHEDULE

Good faith conference required before or after serving notice for Rule 30(b)(6) depositions.

Before or promptly after the notice or subpoena is served, the serving party and the organization must confer in good faith about the matters for examination.

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Page 120 | J. Depositions of an Organization

Counsel must discuss Rule 26(f) conference, initial disclosures, and discovery plan at Early Neutral Evaluation Conference

Counsel must be prepared to discuss the following at the Early Neutral Evaluation Conference: Setting the Rule 26(f) conference; Objections to initial disclosure provisions of Rule 26; Format of the Rule 26 conference (i.e., in person or telephonic); The scheduling of the initial disclosure date; The filing date for a discovery plan;

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Page 175 | C. Expanded Scope of the Early Neutral Evaluation Conference

Rule 26(f) conference within 24 days, discovery plan within 14 days, Case Management Conference within 45 days of Early Neutral Evaluation Conference

The parties can expect to leave the Early Neutral Evaluation Conference with Rule 26 compliance dates or deadlines. The timing of the typical case required by Rules 16(b) and 26, respectively, will generally lead to the setting of the following dates: A Rule 26(f) conference no more than 24 days following the Early Neutral Evaluation Conference; Disclosure deadline in the filing of a discovery plan within 14 days of the Rule 26(f) meeting, and, A Case Management Conference 21 days following the Rule 26(f) conference (45 days after the Early Neutral Evaluation Conference).

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Page 176 | C. Expanded Scope of the Early Neutral Evaluation Conference

Must contact opposing party before filing ex parte motion

Before filing an ex parte motion, counsel must contact the opposing party

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Page 179 | F. Ex Parte Practice

Counsel must attempt to confer before seeking court assistance

Counsel should attempt to confer and resolve the issues first.

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Page 179 | E. Depositions

Ex parte motions must be served on opposing counsel

Any ex parte motion filed with the Court must be served on opposing counsel via facsimile, electronic mail with return receipt requested, or overnight mail.

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Page 179 | F. Ex Parte Practice

Documents must be emailed to chambers in Word or PDF format; Word Perfect is rejected.

All proposed orders and other documents submitted to the Court should be emailed to efile_Battaglia@casd.uscourts.gov in Microsoft Word or Adobe PDF format. Documents submitted in Word Perfect will be rejected by the Court.

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Page 1 | Introduction

Changes to start time must be discussed with bailiff in advance.

Any change in starting time should be discussed with the Bailiff in advance.

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Page 1 | II. TIME SCHEDULE

If no response in 10-15 minutes, buzz again.

If there is no response within ten to fifteen minutes, you should buzz again.

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Page 1 | I. COMMUNICATIONS WITH THE COURT

Opposing counsel must call law clerk to request extension

If more time is needed, opposing counsel must call the law clerk to modify the schedule.

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Page 179 | F. Ex Parte Practice

Ex parte communications with chambers are limited to routine case management matters only.

These communications must be limited to routine matters of case management (e.g., getting a hearing date) and not discussion on the merits of any substantive issues.

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Page 179 | F. Ex Parte Practice

Counsel must contact CRD for equipment details and preview scheduling.

Counsel should contact the CRD for details and instructions and to schedule a preview of the equipment.

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Page 12 | X. Use of Electronic Equipment in the Courtroom

Counsel should contact CRD with questions about other equipment.

Counsel should contact the CRD with any questions regarding the use of any other equipment not provided for by the Court.

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Page 12 | X. Use of Electronic Equipment in the Courtroom

Jurors may take 1-hour lunch break at discretion.

You may take a one hour lunch break at around noon, at your discretion.

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Page 1 | II. TIME SCHEDULE

Continue deliberations while waiting for attorney response to jury note.

If a jury note requires the attendance of the attorneys and parties, it may take some time for everyone to return. Therefore, you should continue your deliberations while waiting for an answer to the note.

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Page 1 | I. COMMUNICATIONS WITH THE COURT

Press buzzer when ready for break/lunch/end of day.

When you are ready for a break, for lunch or to leave at the end of the day, please press the buzzer and a bailiff will arrive to escort you out of the courtroom.

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Page 1 | II. TIME SCHEDULE

Jurors may take 15-minute breaks at discretion.

You may have a morning and an afternoon break (fifteen minutes each) at your discretion.

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Page 1 | II. TIME SCHEDULE

Contact bailiff by pushing wall button for 1-2 seconds.

To contact a bailiff, push the button on the wall for one to two seconds. A buzzer is located in the Judge’s chambers and a bailiff will respond as soon as possible.

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Page 1 | I. COMMUNICATIONS WITH THE COURT

Early Neutral Evaluation Conference coordinates Rule 26 compliance

The magistrate judges of the Southern District of California believe that the Early Neutral Evaluation Conference will be an opportune time to help the parties coordinate their compliance with Rule 26 disclosures and the Rule 26(f) conference.

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Page 175 | C. Expanded Scope of the Early Neutral Evaluation Conference

Court will contact parties to schedule hearing if needed

If the Court requires a hearing, the parties will be contacted to set a date and time.

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Page 179 | F. Ex Parte Practice

Chamber rules specify ex parte motion procedures

Most judges follow a similar procedure, and these are often specified in chamber’s rules. For example, Judge Battaglia’s chamber’s rules require '[b]efore filing an ex parte motion, counsel must contact the opposing party

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Page 179 | F. Ex Parte Practice

Attendance at court-ordered exams is at court’s discretion.

Rule 35 is silent on who may attend a court ordered examination. As a result, that determination is left to the court’s discretion.

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Examinee’s physician may attend medical exam at court’s discretion.

The examinee’s own physician may be permitted to attend, at the court’s discretion, if the examinee so desires.

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Criminal matters are heard on Mondays.

Criminal matters are heard on Mondays, unless otherwise scheduled by the Court.

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Page 1 | II. CALENDAR

Matters submitted Friday will be considered the following Monday.

As a senior District Judge, Judge Battaglia will not be available on Fridays. All matters submitted on Friday will be considered the following Monday after the calendar matters for the day are addressed.

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Page 2 | II. CALENDAR