Judge James E. Simmons, Jr.
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 2 copies
Filings > 20 pages
- Chambers Drop Off
- Mail • Upon Filing
Binding: Securely Bound
Trial Exhibits
- 2 copies • Hand Delivery • Within 3 Days Before Trial
Adjournments
- Joint motion and proposed order required for agreed continuances.
- Parties must obtain leave of Court (stipulations alone are not binding) to extend the deadline to raise a discovery dispute with the Court.
- Continuance requests must be filed as a joint motion under Civil L.R. 7.2 or, if opposed, as an ex parte motion under Civil L.R. 83.3(g), and no hearing date needs to be obtained.
- +2 more
Request must include
- Ex parte continuance motions must be filed at least 2 court days before deadline.
Communication
Chambers
Chambers
Phone
Chambers
Phone
Clerk
Chambers
Phone
Page & Word Limits2 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
The Joint Discovery Motion shall not exceed fifteen (15) pages.
Summary: Joint Discovery Motions are limited to 15 pages.
Joint Discovery Motion
15 pages
Machine summary. Not checked yet.Mandatory?
Trial briefs are limited to twenty-five (25) pages.
Summary: Trial briefs are limited to 25 pages.
Trial Brief
25 pages
Applies to: Attorney
Document Format Requirements8 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
The parties may not attach copies of correspondence or e-mails between counsel unless those documents evidence an agreement alleged to have been breached.
Summary: Parties may not attach copies of correspondence or e-mails between counsel to a Joint Discovery Motion unless those documents evidence an agreement alleged to have been breached.
The quote is in the court's document. The summary is not checked yet.Mandatory?
The parties must also lodge a Word version of the proposed stipulated protective order containing the language of the stipulated protective order, the parties' electronic signatures, and a signature line for Judge Rodriguez.
Summary: The lodged proposed stipulated protective order must be in Word format.
DOCX
Machine summary. Not checked yet.Mandatory?
The courtesy copy shall contain the CM/ECF document header on the top of each page.
Summary: Courtesy copies must include CM/ECF header on each page.
Machine summary. Not checked yet.Mandatory?
If a filing has more than three (3) exhibits, the exhibits must be tabbed and listed in a table of exhibits.
Summary: Exhibits over 3 must be tabbed with table of exhibits.
Machine summary. Not checked yet.Important?
However, in accordance with Section 2(h) of the ECF Manual, proposed orders shall not contain the name and law firm information of the filing party.
Summary: Proposed orders must not include name and law firm information per ECF Manual.
Machine summary. Not checked yet.Important?
Counsel should not enter the well, except during voir dire, opening statements, and closing arguments. Counsel should conduct all examination of witnesses from the podium, seek permission from the Court before approaching a witness, and keep any visit to the witness stand brief, e.g., by quickly orienting the witness with an exhibit and returning to the podium. After first asking for permission to approach a witness, counsel does not need to seek permission again for the remainder of that witness’ examination.
Summary: Counsel must stay at podium during witness examination except for brief, permitted approaches.
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Trial generally proceeds from 9:00 a.m. to 4:00 p.m., Monday through Thursday, unless the Court schedules otherwise. There will be a one-hour break over the noon hour and two 15-minute breaks, one in the morning, one in the afternoon.
Summary: Trial schedule is 9 AM - 4 PM, Monday-Thursday, with breaks.
Machine summary. Not checked yet.Note?
The Court prefers courtesy copies to be printed double-sided.
Summary: Court prefers double-sided printing for courtesy copies.
Document Filing Requirements31 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
The e-mail must include: (1) at least three proposed times mutually agreed upon by the parties for the telephonic conference; (2) a neutral statement of the dispute; and (3) one sentence describing (not arguing) each parties' position.
Summary: The discovery dispute conference request e-mail must include at least three mutually agreed proposed telephonic conference times, a neutral statement of the dispute, and a one-sentence (non-argumentative) description of each party's position.
Document Type
Discovery Dispute Conference Request Email
The quote is in the court's document. The summary is not checked yet.Mandatory?
The Joint Discovery Motion must include the following: 1. The exact wording of the discovery request or deposition question in dispute, and the exact response to the request or question; 2. An explanation as to why the response is inadequate, what relief the moving party seeks, and legal authority supporting the motion; 3. A statement by the responding party as to the basis for all objections and/or claims of privilege; and 4. A declaration from counsel of record establishing compliance with the meet and confer requirement.
Summary: Joint Discovery Motions must include the exact disputed request and response, an explanation of inadequacy with requested relief and legal authority, the responding party's basis for objections/privilege, and a declaration of meet-and-confer compliance.
Document Type
Joint Discovery Motion
The quote is in the court's document. The summary is not checked yet.Mandatory?
If the parties' proposed language differs from the Model Protective Order, the joint motion must explain the basis for the proposed changes and contain an attachment with a redlined copy of the proposed protective order highlighting the changes.
Summary: If the proposed protective order deviates from the Model Protective Order, the joint motion must explain the basis for the changes and attach a redlined copy highlighting them.
Document Type
Stipulated Protective Order Joint Motion
The quote is in the court's document. The summary is not checked yet.Mandatory?
The joint motion must contain a statement as to whether the parties adopted the Model Protective Order.
Summary: The joint motion for a stipulated protective order must state whether the parties adopted the Model Protective Order.
Document Type
Stipulated Protective Order Joint Motion
The quote is in the court's document. The summary is not checked yet.Mandatory?
The parties must also lodge a Word version of the proposed stipulated protective order containing the language of the stipulated protective order, the parties' electronic signatures, and a signature line for Judge Rodriguez.
Summary: Parties must lodge a Word version of the proposed stipulated protective order containing its language, the parties' electronic signatures, and a signature line for Judge Rodriguez.
Document Type
Proposed Stipulated Protective Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
All stipulated protective orders submitted for the Court's approval must be filed as a joint motion.
Summary: Stipulated protective orders must be submitted for approval as a joint motion.
Document Type
Stipulated Protective Order Joint Motion
The quote is in the court's document. The summary is not checked yet.Mandatory?
Additionally, all stipulated protective orders submitted for the Court's approval must include the following provisions: A. Modification of the Protective Order by the Court. The Court may modify the Protective Order in the interests of justice or for public policy reasons.
Summary: All stipulated protective orders must include a provision stating the Court may modify the protective order in the interests of justice or for public policy reasons.
Document Type
Stipulated Protective Order
The quote is in the court's document. The summary is not checked yet.Mandatory?
Further, declaration(s) in support of the ex parte motion must describe meet and confer efforts made to resolve the dispute without the Court's intervention.
Summary: Declarations submitted in support of an ex parte motion must describe the meet and confer efforts made to resolve the dispute without court intervention.
Document Type
Declaration In Support Of Ex Parte Motion
The quote is in the court's document. The summary is not checked yet.Note?
The Court is willing to retain jurisdiction to enforce the terms of the stipulated protective order for one year. If the parties want the Court to retain jurisdiction, the stipulated protective order should include the following language: "Continuing Jurisdiction. The Court shall retain jurisdiction for a period of one (1) year after the conclusion of this action to enforce the terms of the Protective Order."
Summary: If the parties want the Court to retain jurisdiction to enforce the stipulated protective order for one year, the order should include the specified Continuing Jurisdiction language.
Document Type
Stipulated Protective Order
Machine summary. Not checked yet.Mandatory?
Proposed orders or other documents requiring the Judge’s signature must not be filed on the docket.
Summary: Proposed orders and signature documents must not be filed on the docket.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
Proposed orders must be submitted simultaneously with all motions. Proposed orders should contain "[PROPOSED]" in the caption.
Summary: Proposed orders required with all motions and must include "[PROPOSED]" in caption.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
All ex parte motions must be accompanied by a declaration from the movant documenting (1) efforts to contact opposing counsel, (2) counsel’s good faith efforts, in person or by telephone, to meet and confer to resolve differences with opposing counsel, and (3) opposing counsel’s position regarding the ex parte motion.
Summary: Ex parte motions require declaration documenting contact efforts and meet and confer attempts.
Document Type
Ex Parte Motion
Machine summary. Not checked yet.Mandatory?
Objections to evidence submitted in support of a motion must be contained within the opposition brief, and objections to evidence submitted in support of an opposition must be contained within the reply brief. No separate statements of objections will be allowed.
Summary: Objections to evidence must be in opposition or reply brief; separate statements prohibited.
Document Type
Opposition Brief
Machine summary. Not checked yet.Mandatory?
Unless a notice of dismissal is filed under Federal Rule of Civil Procedure 41(a)(1) for which a court order is not required, the parties must file a joint motion to dismiss and email the proposed order to the Court within twenty-eight (28) days of the settlement.
Summary: Joint motion to dismiss and proposed order required within 28 days of settlement.
Document Type
Joint Motion To Dismiss
Machine summary. Not checked yet.Mandatory?
Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties lodge by email a proposed pretrial order in Word (.doc) format to efile_simmons@casd.uscourts.gov at least seven (7) days before the pretrial conference.
Summary: Proposed pretrial order required 7 days before pretrial conference.
Document Type
Proposed Pretrial Order
Machine summary. Not checked yet.Mandatory?
The parties must also exchange their Final Exhibit and Witness Lists one (1) week before trial and email a copy of their Final Exhibit and Witness Lists to chambers one (1) week before trial.
Summary: Final Exhibit and Witness Lists must be exchanged and emailed to chambers 1 week before trial.
Document Type
Final Exhibit And Witness Lists
Machine summary. Not checked yet.Mandatory?
The parties must also submit the trial exhibits in an electronic-media format (e.g., CD, DVD, or USB flash drive) at least three (3) days before trial.
Summary: Trial exhibits must be submitted electronically 3 days before trial.
Document Type
Trial Exhibits
Machine summary. Not checked yet.Mandatory?
Proposed orders or other documents requiring the Judge's signature must not be filed on the docket.
Summary: Documents requiring Judge's signature must not be filed on docket.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
Proposed orders must be submitted simultaneously with all motions. Proposed orders should include "[PROPOSED]" in the caption. Counsel must email proposed orders in Word (.doc) format to efile_simmons@casd.uscourts.gov and include the case number and case name in the subject line of the email.
Summary: Proposed orders required with all motions in Word format.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Pursuant to Criminal Local Rule 23.1, the parties may, no later than five (5) court days before the date of trial, serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues with citation of relevant statutes, ordinances, rules, cases and other authorities.
Summary: Trial briefs due 5 court days before trial on significant disputed legal issues.
Document Type
Trial Brief
Machine summary. Not checked yet.Mandatory?
The parties must file proposed jury instructions fourteen (14) days prior to the date of trial, unless otherwise ordered by the Court and email a copy in Word to efile_simmons@casd.uscourts.gov.
Summary: Proposed jury instructions due 14 days before trial, emailed in Word format.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
Counsel may serve and file proposed voir dire questions and verdict forms on the day set for motions in limine.
Summary: Proposed voir dire questions and verdict forms due on motions in limine hearing day.
Document Type
Voir Dire Questions
Machine summary. Not checked yet.Mandatory?
All exhibits must be pre-marked on the first day of trial.
Document Type
Exhibit
Machine summary. Not checked yet.Important?
Do not enter the well, except during voir dire, opening statement, and closing argument. Conduct all examinations of witnesses from the podium.
Summary: Attorneys must stay out of well except during voir dire, opening, and closing.
Document Type
Trial Procedure
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This Chambers Rule mandating the addition of "[PROPOSED]" supersedes Section 2(h) of the ECF Manual.
Summary: Chambers rule requiring "[PROPOSED]" supersedes ECF Manual Section 2(h).
Document Type
Proposed Order
Machine summary. Not checked yet.Note?
The Court will conduct the initial jury voir dire. The Court will generally permit follow-up voir dire conducted by the attorneys.
Summary: Court conducts initial voir dire, attorneys may conduct follow-up.
Document Type
Voir Dire
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The Courtroom Deputy Clerk („CRD“) will collect the parties’ strike sheets and, after reconciling those sheets, allow the parties to view the opposing counsel’s challenges and the Court will hear any Batson challenges.
Summary: CRD reconciles strike sheets and allows viewing of opposing counsel's challenges.
Document Type
Jury Selection
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If an exhibit is being used and counsel’s view is obstructed, counsel may relocate for better viewing without requesting permission from the Court.
Summary: Counsel may relocate for better viewing of exhibits without Court permission.
Document Type
Exhibit
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Exhibit stickers may be obtained from the Clerk of the Court or from the courtroom deputy in advance of trial.
Summary: Exhibit stickers available from Clerk or courtroom deputy before trial.
Document Type
Exhibit
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Pursuant to Criminal Local Rule 1.1(e) and Civil Local Rule 79.1, all exhibits will be returned to the party who produced them at the end of trial.
Summary: All exhibits will be returned to producing party at end of trial.
Document Type
Exhibit
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When referring to an exhibit, counsel should refer to its exhibit number whenever possible to keep a complete record.
Summary: Counsel should refer to exhibits by number to maintain complete record.
Document Type
Exhibit
Filing & Service rules
Electronic Filing Rules
Transcript requests for proceedings before Judge Rodriguez must be filed electronically, per instructions on the court's website.
Transcript requests for proceedings before Judge Rodriguez must be electronically filed. Detailed instructions can be found at https://www.casd.uscourts.gov/attorney/transcript-order.aspx.
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Page 1 | II.D. Transcript Requests
Lodged documents must not be filed with the Clerk of Court or on CM/ECF unless the Court directs otherwise.
Lodged documents shall not be filed with the Clerk of Court or on the Case Management/Electronic Case Filing ("CM/ECF") system unless the Court directs otherwise.
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Page 1 | II.B. Lodging Documents
Filing Timing and Cure Windows
Parties must contact the Court to request an informal discovery conference within 45 days of the event giving rise to the written discovery dispute (the response service date, or the date the response was due if none was provided), not the date of meet-and-confer impasse.
For written discovery, the event giving rise to the discovery dispute is the date of service of the response, not the date on which counsel reach an impasse in meet and confer efforts. If a party fails to provide a discovery response, the event giving rise to the discovery dispute is the date response was due. The parties must contact the Court to request an informal discovery conference within forty-five (45) days of the event giving rise to the discovery dispute.
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Page 3 | IV. Discovery Disputes — B.1 Deadline to Raise Discovery Dispute with the Court (Written Discovery)
Counsel must promptly file a Notice of Settlement whenever the parties reach a settlement.
If the parties reach a settlement, counsel must promptly file a Notice of Settlement.
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Page 9 | IX. Notice of Settlement
Opposing counsel ordinarily has until 5:00 p.m. on the next business day after service of an ex parte motion to respond, or may contact the assigned law clerk to request additional time.
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 or contact the assigned law clerk to request additional time.
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Page 9 | Ex parte motions (continued)
Service and Proof of Service Rules
The moving party must copy opposing counsel on the e-mail requesting an informal discovery dispute conference.
The movant must copy opposing counsel on the e-mail.
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Page 3 | IV. Discovery Disputes — C. Informal Discovery Dispute Conference
Courtesy Copy Requirements
Filings exceeding 20 pages require a courtesy copy submitted directly to chambers, printed from CM/ECF with the CM/ECF stamp on each page, firmly bound, with tabbed exhibits.
Courtesy copies of filings exceeding 20 pages must be submitted directly to chambers, 2003 W. Adams Avenue, Suite 220, El Centro, CA 92243. Courtesy copies of electronically filed documents must be printed from CM/ECF, with the CM/ECF stamp displayed on the top of each page. The pages must be firmly bound, and exhibits must be tabbed.
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Page 1 | II.C. Courtesy Copies
Courtesy copies required for filings over 20 pages, with specific formatting requirements.
Courtesy copies of filings that exceed 20 pages in length, including attachments and exhibits, shall be submitted in accordance with Section 2(e) of the ECF Manual via United States Postal Service mail, courier, or delivery to the Clerk’s Office. The courtesy copy shall contain the CM/ECF document header on the top of each page. The Court prefers courtesy copies to be printed double-sided. If a filing has more than three (3) exhibits, the exhibits must be tabbed.
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Page 2 | II. Discovery
Two courtesy copies of trial exhibits required 3 days before trial.
For both bench trials and jury trials, the parties must submit two (2) courtesy copies of the trial exhibits at least three (3) days before trial begins. Counsel should contact the courtroom deputy to arrange a time to deliver the courtesy copies.
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Page 8 | XIII. Trial Procedures
Courtesy copies required for filings over 20 pages.
Courtesy copies of filings that exceed 20 pages in length, including attachments and exhibits, shall be submitted in accordance with Section 2(e) of the ECF Manual via United States Postal Service mail, courier, or delivery to the Clerk's Office.
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Page 2 | Motions
Government counsel must provide exhibit list and 2 courtesy copies to courtroom deputy on first day of trial.
Government counsel must provide a list of exhibits and give two (2) courtesy copies to the courtroom deputy on the first day of trial.
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Page 5 | Exhibits
Sealing & Redaction Procedures
Documents may be filed under seal only pursuant to a court order based on a showing that the information is privileged or protectable, and sealing requests must be narrowly tailored to the confidential or privileged material.
B. Filing Documents Under Seal. No document may be filed under seal, except pursuant to a court order that authorizes the sealing of the particular document, or portion of the document. A sealing order may issue only upon a showing that the information is privileged or protectable under the law. The request must be narrowly tailored to seek sealing only of the confidential or privileged material.
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Page 7 | VII. Stipulated Protective Orders (required provision B)
A party seeking to file a document under seal must also file a redacted version in which only information designated "Confidential" is redacted.
In addition, a party must file a redacted version of any document that it seeks to file under seal. In the redacted version, the party may redact only information that is deemed "Confidential."
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Page 7 | VII. Stipulated Protective Orders (required provision B)
Any motion to file information under seal must be supported by articulable facts showing a compelling reason to limit public access to court filings.
There is a presumptive right of public access to court records based upon common law and the First Amendment. Any motion to file information under seal must be supported by articulable facts showing a compelling reason to limit public access to court filings.
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Page 7 | VI. Filing Documents Under Seal
Sealed filings must follow the procedures in Section 2.j of the ECF Administrative Policies and Procedures Manual and Civil Local Rule 79.2.
To file a document under seal, the parties must comply with the procedures explained in Section 2.j of the Electronic Case Filing Administrative Policies and Procedures Manual for the United States District Court for the Southern District of California and Civil Local Rule 79.2.
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Page 7 | VII. Stipulated Protective Orders (required provision B)
Redacted documents should be filed simultaneously with a joint motion or ex parte application seeking sealing and showing good cause.
The party should file the redacted document(s) simultaneously with a joint motion or ex parte application requesting that the confidential portions of the document(s) be filed under seal and setting forth good cause for the request.
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Page 7 | VII. Stipulated Protective Orders (required provision B)
Motion to seal required for any sealed filing.
Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing.
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Page 5 | VII. Protective Orders and Requests to File Under Seal
Motion to seal must specify documents/categories and whether sealed in full or part.
The motion to seal must provide the Court with a specific description of the particular documents or categories of documents to be protected, including, for each document subject to the motion, whether the moving party seeks to seal the document in full or in part (i.e., with redactions).
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Page 5 | VII. Protective Orders and Requests to File Under Seal
Declarations required to demonstrate compelling reason for sealing.
The motion to seal must be accompanied by declaration(s) from individual(s) with knowledge of the content of the documents demonstrating a compelling reason or good cause to protect those documents from disclosure.
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Page 5 | VII. Protective Orders and Requests to File Under Seal
Public redacted version required alongside sealed filing.
The party requesting a sealing order must also file a “public” version of the document(s) it seeks to file under seal. For each document the moving party seeks to seal, the party may redact only that information that is deemed confidential or privileged.
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Page 6 | VII. Protective Orders and Requests to File Under Seal
Slip sheet required for fully sealed documents.
If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.
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Page 6 | VII. Protective Orders and Requests to File Under Seal
Designating party has 7 days to respond to sealing motion.
If so, the moving party must file a motion to seal. In addition, the designating party must file a response to the sealing motion within seven (7) days that satisfies the sealing standard described above.
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Page 6 | VII. Protective Orders and Requests to File Under Seal
Sealed documents must be lodged using ECF "Sealed Lodged Proposed Document" format.
documents in CM/ECF using the “Sealed Lodged Proposed Document” in accordance with Section 2(j) of the ECF Manual. If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court’s consideration.
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Page 6 | VII. Protective Orders and Requests to File Under Seal
Strict standard applied for sealing documents.
The standard for filing documents under seal will be strictly applied.
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Page 5 | VII. Protective Orders and Requests to File Under Seal
Sealing motions must be narrowly tailored to specific documents/portions.
Motions to seal must be narrowly tailored to the documents or portions of documents which require protection for good cause in accordance with legal standards. Parties shall not request the wholesale sealing of documents where only portions require protection.
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Page 6 | VII. Protective Orders and Requests to File Under Seal
No response to sealing motion may result in public filing.
If no response is filed, the Court may order that the document be filed in the public record.
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Page 6 | VII. Protective Orders and Requests to File Under Seal
Filing Bundling Requirements
Parties must coordinate filings for consolidated briefing on summary judgment motions.
To the extent possible, the parties must coordinate the filings of a motion and cross-motion for summary judgment so that a consolidated briefing may be applied.
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Page 3 | F. Motions and Cross-Motions for Summary Judgment
Multiple parties must coordinate timing and consolidate briefing for similar motions.
If multiple parties are moving for substantially the same relief or opposing a motion seeking substantially the same relief against them, they must make every effort to coordinate the timing of the filing of their motions, and to coordinate and consolidate the briefing to avoid duplication in briefing.
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Page 3 | D. Briefing & Briefing Schedule
Pre-Motion Conference Requirements
Counsel must thoroughly meet and confer in person, by videoconference, or by telephone under Civil Local Rule 26.1.a before contacting the Court about a discovery dispute; e-mail or written correspondence does not satisfy the requirement.
Before contacting the Court regarding a discovery dispute, counsel must thoroughly meet and confer regarding all disputed issues pursuant to Civil Local Rule 26.1.a. The parties must meet and confer in person, by videoconference, or by telephone, and may not satisfy the meet and confer requirement by exchanging e-mails or other written correspondence.
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Page 3 | IV. Discovery Disputes — A. Meet and Confer Requirement
Discovery motions require a prior discovery conference unless the movant obtains leave of Court, and the Court will strike any non-compliant discovery motion.
discovery conference, unless the movant has obtained leave of Court. The Court will strike any discovery motion that does not comply with this process.
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Page 5 | IV. Discovery Disputes
Discovery disputes unresolved at the discovery conference with Judge Rodriguez proceed to a court-set deadline for filing a Joint Discovery Motion.
If the parties cannot resolve their discovery dispute during the discovery conference with Judge Rodriguez, they will be given a deadline to file a Joint Discovery Motion.
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Page 5 | IV. Discovery Disputes - D. Joint Discovery Motion
Motion hearing dates must be obtained from chambers before filing, with 3-day filing deadline.
Motion hearing dates are generally set on Wednesdays beginning at 9:00 a.m. Pursuant to Civil Local Rule 7.1(b), all dates for motion hearings must be obtained by calling the appropriate law clerk in chambers before filing any motion. Motion papers MUST be filed and served within three (3) calendar days of obtaining a motion hearing date from chambers. Failure to comply with this requirement may result in the forfeiture of the assigned hearing date.
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Page 2 | III. Noticed Motions
Meet and confer required 7 days before filing most motions, with declaration requirement.
Unless one of the below exceptions applies, any party contemplating the filing of any noticed motion before this Court must first contact opposing counsel to thoroughly discuss the substance of the motion and attempt to resolve the matter informally. For example, a party desiring to file a Rule 12(b)(6) motion shall meet and confer to determine the feasibility of stipulating to an amended complaint that resolves the moving party’s concerns. The conference must take place by telephone or in person at least seven (7) days prior to the filing of the motion. If the parties are unable to reach a resolution that eliminates the need to file the motion, counsel for the moving party must include in the motion papers a declaration to the following effect: “This motion is made following the conference of counsel that took place on [date].” Parties will not obtain a hearing date until they have satisfied this meet and confer requirement. Failure to meet and confer in good faith will result in the Court issuing an order to show cause why sanctions should not be issued.
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Page 2 | III. Noticed Motions
Briefing schedule must follow Civil Local Rule 7.1(e) unless Court orders otherwise.
The schedule for filing briefs must be in accordance with Civil Local Rule 7.1(e), unless ordered otherwise by the Court.
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Page 3 | D. Briefing & Briefing Schedule
Separate Statements of Fact prohibited unless leave granted; joint statement required by reply brief.
Consistent with Civil Local Rule 7.1(f)(1), separate Statements of Fact may not be filed unless leave of Court has been granted. Rather, the parties must meet and confer to arrive at a joint statement of undisputed material facts, which must be filed no later than the reply brief.
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Page 3 | F. Motions and Cross-Motions for Summary Judgment
Leave of Court required before filing sur-replies or notices of supplemental authority.
The parties must obtain leave of Court by filing an ex parte request before filing any sur-replies. Notices of supplemental authority may not be filed unless leave of court has been granted.
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Page 3 | E. Sur-Replies and Notices of Supplemental Authority
Parties must meet and confer 15 days before dispositive motion deadline about summary judgment intentions.
No later than fifteen (15) days before the deadline for filing dispositive motions, all parties on the same side of the case (i.e., all defendants or all plaintiffs), must meet and confer about whether they intend to file a motion for summary judgment, and if so, the bases for that motion.
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Page 3 | F. Motions and Cross-Motions for Summary Judgment
Meet and confer required with opposing party before filing ex parte motion.
Before filing any ex parte motion, counsel must contact the opposing party to meet and confer regarding the subject of the motion.
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Page 4 | IV. Ex Parte Motions
Motions in limine must be filed three weeks before hearing, responses two weeks before.
Motions in limine are due three weeks before the hearing, with any responses due two weeks before the hearing.
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Page 4 | Trial Procedures
Must move for admission or allow Court to inquire about objections before publishing exhibits to jury.
Before publishing an exhibit to the jury, counsel must either move for admission of the exhibit or allow the Court to inquire whether the opposing side has any objection to publication.
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Page 5 | Exhibits
Meet and confer not required for pro se cases, TROs, preliminary injunctions, or summary judgment motions.
The only exceptions to this meet-and-confer requirement are (1) cases where any party is appearing pro se and is not an attorney, (2) applications for temporary restraining orders or preliminary injunctions and (3) motions and cross-motions for summary judgments. Ex parte applications, which have separate requirements below, and joint motions are exempt from this rule as they are not noticed motions.
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Page 2 | III. Noticed Motions
Exception to leave requirement for notices of supplemental authority when binding intervening law changes.
The only exception to this requirement is if there is a change in binding intervening law that is directly on point issued after the filing. Under these circumstances, parties may file a notice of supplemental authority that includes the case citation and a copy of the order or opinion. Counsel may not include any argument in the notice.
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Page 3 | E. Sur-Replies and Notices of Supplemental Authority
Adjournment & Extension Requirements
Parties must obtain leave of Court (stipulations alone are not binding) to extend the deadline to raise a discovery dispute with the Court.
The parties are required to obtain leave of Court to extend a deadline to raise a discovery dispute with the Court.
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Page 3 | IV. Discovery Disputes — B.3 Parties' Stipulations are not Binding Unless Approved by the Court
Continuance motions must include the original dates, the number of prior continuance requests, good cause, opposition status, effect on other case management dates, and a declaration explaining why the deadlines cannot be met.
The motion shall include: A. The original deadline(s) or date(s); B. The number of previous requests for continuance; C. A showing of good cause for the request; D. Whether the request is opposed and why; E. Whether the requested continuance will affect other case management dates; and F. A declaration from counsel of record detailing the steps taken to comply with the dates and deadlines set in the order, and the specific reasons why the deadlines cannot be met.
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Page 5 | V. Continuances
Continuance requests must be filed as a joint motion under Civil L.R. 7.2 or, if opposed, as an ex parte motion under Civil L.R. 83.3(g), and no hearing date needs to be obtained.
Any request to continue shall be filed as a joint motion pursuant to Civil Local Rule 7.2 or, if opposed, as an ex parte motion pursuant to Civil Local Rule 83.3(g). Whether filed as a joint motion or an ex parte motion, the parties are not required to obtain a hearing date.
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Page 5 | V. Continuances
Until the Court grants a joint motion affecting scheduling dates or deadlines, the parties must continue to comply with all scheduling deadlines.
the date or deadline(s) at issue. Unless and until the Court grants the joint motion, the parties must continue to comply with all scheduling deadlines.
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Page 7 | V. Continuances (continuation onto page 7)
Ex parte continuance motions must be filed at least 2 court days before deadline.
Such a motion should be filed at least two (2) Court days prior to the event or deadline that the moving party seeks to continue.
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Page 5 | VI. Continuances
Joint motion and proposed order required for agreed continuances.
If the parties reach an agreement, they must file a joint motion with a declaration explaining the reasons for the requested continuance or extension of time. The parties must also email a proposed order in Word (.doc) format to efile_simmons@casd.uscourts.gov.
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Page 5 | VI. Continuances
Chambers Communication Rules
If a discovery dispute is not resolved in meet and confer, the moving party must e-mail chambers at efile_rodriguez@casd.uscourts.gov to request a conference to discuss the dispute.
If the dispute is not resolved in the meet and confer process, the moving party must e-mail chambers at efile_rodriguez@casd.uscourts.gov and request a conference to discuss the discovery dispute.
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Page 3 | IV. Discovery Disputes — C. Informal Discovery Dispute Conference
Letters and e-mails to chambers are prohibited unless the Court specifically requests them.
Letters or e-mails to chambers are prohibited unless specifically requested by the Court.
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Page 1 | II.A. Letters, E-mails, and Telephone Calls
Telephone calls to chambers are permitted only for scheduling and calendaring matters or as otherwise specifically permitted by these rules.
Telephone calls are permitted only for scheduling and calendaring matters, or as specifically permitted in these rules.
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Page 1 | II.A. Letters, E-mails, and Telephone Calls
Chambers personnel cannot give legal advice or discuss the merits of a case, and only counsel with knowledge of the case may contact chambers.
Court personnel are prohibited from giving legal advice or discussing the merits of a case. Only counsel with knowledge of the case may contact chambers.
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Page 1 | II.A. Letters, E-mails, and Telephone Calls
Lodged documents must be e-mailed to efile_rodriguez@casd.uscourts.gov or hand-delivered to Judge Rodriguez's chambers in El Centro, CA.
When an order or these Rules direct counsel to "lodge" a document with chambers, the document should either be sent via e-mail to efile_rodriguez@casd.uscourts.gov, or delivered to Judge Rodriguez's chambers, 2003 W. Adams Avenue, El Centro, Suite 220, CA 92243.
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Page 1 | II.B. Lodging Documents
If a scheduled court date is imminent when the parties settle, counsel must also contact chambers to advise of the settlement.
If a scheduled date with the Court is imminent, counsel must also contact chambers to advise of the settlement.
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Page 9 | IX. Notice of Settlement
Technical questions about the CM/ECF system should be directed to the CM/ECF Help Desk at (866) 233–7983.
For technical questions relating to the CM/ECF system, the parties should contact the CM/ECF Help Desk at (866) 233–7983.
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Page 1 | II.E. Questions Relating to the CM/ECF system
For civil matters, parties must contact the law clerks in chambers at (760) 339–4250; criminal matters are governed by separate Criminal Chambers Rules.
For civil matters, contact the law clerks in chambers at (760) 339–4250. For criminal matters, please refer to the Court's Criminal Chambers Rules.
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Page 1 | II. Communications with Chambers
For disputes arising during a deposition, counsel may call chambers to seek a ruling; if Judge Rodriguez is unavailable, counsel should proceed with other areas of inquiry and the Judge will respond as soon as practicable.
If the dispute arises during a deposition, counsel may call chambers to seek a ruling. If Judge Rodriguez is available, he will either rule on the dispute or give counsel further instructions on how to proceed. If Judge Rodriguez is unavailable, counsel should proceed with the deposition in other areas of inquiry and Judge Rodriguez will respond as soon as practicable.
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Page 3 | IV. Discovery Disputes — B.2 Depositions
Telephonic/video appearances require emailing Courtroom Deputy at least 3 court days before hearing.
Any party requesting to appear telephonically or on video should email the Courtroom Deputy, Emily Blase to obtain the appropriate link at least three (3) court days prior to the hearing.
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Page 4 | K. Telephonic/Video Appearances
Observers must contact Ms. Blase at least 2 calendar days before hearing for dial-in info.
Any individual requesting to observe telephonically must contact Ms. Blase at least two (2) calendar days before the hearing to obtain the public dial-in information.
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Page 4 | K. Telephonic/Video Appearances
Technical motions require email to chambers one week before hearing with technical terms/names.
For technical motions, the parties must send an email to chambers one (1) week prior to the hearing with a list of pertinent technical terms and/or proper names to assist the court reporter.
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Page 4 | J. List of Terms/Names
Proposed orders must be emailed in Word format to specific address with case info in subject line.
Counsel must email proposed orders in Word (.doc) format to efile_simmons@casd.uscourts.gov and include the case number and case name in the subject line of the email.
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Page 4 | I. Proposed Orders
Ex parte motions must be served on opposing counsel via email, fax, or overnight mail.
Any ex parte motion filed with the Court must be served on opposing counsel via email, fax, or overnight mail.
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Page 4 | IV. Ex Parte Motions
Objections must state only legal grounds; speaking objections prohibited unless requested.
When objecting, counsel should state only the legal ground for the objection (e.g., “objection, hearsay”). Speaking objections are not permitted unless the Court requests further information from counsel.
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Page 9 | G. Bench Conferences
Phone calls to chambers limited to obtaining hearing dates for civil motions, with specific restrictions.
Telephone calls to chambers are permitted only for obtaining a hearing date for a civil motion, temporary restraining order, or preliminary injunction. Parties seeking a motion date for a noticed motion may contact chambers if (1) they are ready to file within three (3) calendar days and (2) have satisfied the meet and confer requirements set forth below. Such calls may only be made by counsel with knowledge of the case or an unrepresented party. Calls from secretaries, legal assistants, paralegals, or parties represented by counsel are prohibited. Counsel or unrepresented parties should not call chambers with procedural questions or to inquire whether any action has been taken on a motion or other filing. Court personnel are prohibited from giving legal advice or discussing the timing or merits of a case.
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Page 1 | I. Communications with Chambers
Letters, faxes, and emails to chambers are generally prohibited unless required by Local Rule.
Letters, faxes, or emails to chambers or chambers staff are prohibited unless required by Local Rule or specifically requested by the Court. If requested by the Court, letters, faxes or emails shall simultaneously copy all counsel and unrepresented parties. Copies of correspondence between counsel must not be sent to the Court unless requested by the Court.
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Page 1 | I. Communications with Chambers
Only one lawyer per party may examine a witness and make objections for that witness.
When a party has more than one lawyer, only one lawyer may conduct the examination of a given witness and that lawyer alone may make objections concerning that witness.
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Page 9 | G. Bench Conferences
Sidebar conferences are disfavored; only granted if matter cannot wait until next recess.
Sidebar conferences are disfavored. If counsel desires to speak to the Court outside the jury’s presence, counsel may request to do so at the start of a recess or at the end of the day. Requests for sidebar conference will only be granted if the matter cannot wait until the next recess.
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Page 9 | G. Bench Conferences
Court prefers in-person hearings but allows telephonic/video appearances when necessary.
The Court strongly prefers that noticed hearings be held in-person in open court. However, the Court recognizes that telephonic or video appearances may be necessary for many reasons.
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Page 4 | K. Telephonic/Video Appearances
Counsel must be courteous and respectful at all times; abide by Civil Local Rule 2.1.
Be courteous and respectful at all times, in all settings. Counsel may expect such from the Court, and the Court expects such from counsel. Please be familiar with and abide by Civil Local Rule 2.1.
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Page 9 | XIII. Courtesy