Judge Michael S. Berg
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Excusal requests must be filed 7 days before settlement conference.
- Continuance requests require 7 calendar days advance written notice.
- Opposing counsel has until 5:00 PM next business day to respond to ex parte motions.
Communication
Chambers
Letter via ECF
Phone
Phone
Chambers
Document Format Requirements4 rules
Machine summary. Not checked yet.Mandatory?
Proposed orders must be lodged in Word format.
DOCX
Machine summary. Not checked yet.Mandatory?
When citing legal authority, parties should always follow the latest Bluebook guidelines.
Summary: Legal citations must follow latest Bluebook guidelines.
Machine summary. Not checked yet.Important?
Within a document, parties should consistently cite to one legal research database (e.g., Westlaw or LEXIS, but not both).
Summary: Citations must consistently use one legal research database per document.
Machine summary. Not checked yet.Important?
If a particular unreported case does not appear on a certain database, the party must include the case docket number, as instructed in the Bluebook.
Summary: Unreported cases not in database require docket number citation.
Document Filing Requirements4 rules
Machine summary. Not checked yet.Mandatory?
All named parties, party representatives, claims adjusters for insured defendants, and the principal attorney(s) responsible for the litigation, must be present in person and prepared to discuss and resolve the case at the ENE or any other settlement conference.
Summary: All key parties must appear in person at settlement conferences.
Document Type
Settlement Conference
Machine summary. Not checked yet.Mandatory?
When filing a motion for entry of a stipulated protective order, the motion must include the language of the stipulated protective order and the signatures of counsel for all parties.
Summary: Stipulated protective order motions require order language and all counsel signatures.
Document Type
Protective Order Motion
Machine summary. Not checked yet.Mandatory?
All ex parte motions must comply with Civ. LR 83.3(g). 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: Ex parte motions must comply with Civ. LR 83.3(g) and include meet-and-confer declarations.
Document Type
Ex Parte Motion
Machine summary. Not checked yet.Important?
The Court will not grant requests to excuse a required party from personally appearing absent extraordinary circumstances. Distance of travel alone does not constitute an 'extraordinary circumstance.'
Summary: Travel distance alone is not extraordinary circumstance for absence.
Document Type
Settlement Conference
Filing & Service rules
Sealing & Redaction Procedures
Sealed filings must comply with ECF Manual Section 2.j and 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.
Machine summary. Not checked yet. · Civil cases
Page 4 | VI. Stipulated Protective Orders
Redacted documents must be filed simultaneously with sealing motion.
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.
Machine summary. Not checked yet. · Civil cases
Page 4 | VI. Stipulated Protective Orders
Protective orders must include specific sealing language requirements.
The proposed protective order must contain: "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.
Machine summary. Not checked yet. · Civil cases
Page 4 | VI. Stipulated Protective Orders
Sealed filings require redacted version with specific title format.
In addition, a party must file a redacted version of any document that it seeks to file under seal. The document must be titled to show that it corresponds to an item filed under seal, e.g., 'Redacted Copy of Sealed Declaration of John Smith in Support of Motion for Summary Judgment.'
Machine summary. Not checked yet. · Civil cases
Page 4 | VI. Stipulated Protective Orders
Pre-Motion Conference Requirements
Parties must attempt to resolve discovery disputes through meet and confer before filing a motion.
Our Chambers Rules require the parties to try to work out discovery disputes on their own before filing a motion, through a process called a “meet and confer.”
Machine summary. Not checked yet.
Page 7 | Compelling Discovery
Discovery disputes unresolved in conference will receive briefing schedule.
If the parties cannot resolve their discovery dispute during the discovery conference with Judge Berg, they will be given a briefing schedule for a discovery motion.
Machine summary. Not checked yet. · Civil cases
Page 3 | V. Continuances
Adjournment & Extension Requirements
Continuance requests require 7 calendar days advance written notice.
Whether made by joint motion or ex parte application, any request to continue an ENE, Mandatory Settlement Conference ("MSC"), or scheduling order deadline shall be made in writing no less than seven (7) calendar days before the affected date.
Machine summary. Not checked yet. · Civil cases
Page 3 | V. Continuances
Excusal requests must be filed 7 days before settlement conference.
Any request to excuse a required party from personally appearing must be filed at least seven (7) days before the scheduled ENE or settlement conference.
Machine summary. Not checked yet. · Civil cases
Page 2 | III. Early Neutral Evaluation
Court will issue order or set hearing on ex parte motions.
The Court will either issue an order on the written submissions or set a date and time for a hearing.
Machine summary. Not checked yet. · Civil cases
Page 4 | VII. Ex Parte Motions
Opposing counsel has until 5:00 PM next business day to respond to ex parte motions.
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.
Machine summary. Not checked yet. · Civil cases
Page 4 | VII. Ex Parte Motions
Chambers Communication Rules
Letters and e-mails to chambers are prohibited unless specifically requested by the Court.
Letters and e-mails to chambers are prohibited unless specifically requested by the Court.
Machine summary. Not checked yet. · Civil cases
Page 1 | II. Communications with Chambers
Proposed protective orders must be emailed to Judge Berg's chambers in Word format.
A proposed stipulated protective order must be e-mailed in Word format to efile_berg@casd.uscourts.gov.
Machine summary. Not checked yet. · Civil cases
Page 3 | VI. Stipulated Protective Orders
Only counsel familiar with the case may contact chambers.
Only counsel with knowledge of the case may contact chambers.
Machine summary. Not checked yet. · Civil cases
Page 1 | II. Communications with Chambers
Telephone calls to chambers are limited to scheduling/calendaring matters.
Telephone calls to chambers are permitted only for matters such as scheduling and calendaring, or as specifically permitted in these rules.
Machine summary. Not checked yet. · Civil cases
Page 1 | II. Communications with Chambers
Transcript requests must be submitted online through CM/ECF.
Requests for hearing transcripts are no longer submitted through the courtroom deputy. Attorneys must submit transcript requests online, through CM/ECF.
Machine summary. Not checked yet. · Civil cases
Page 1 | II. Communications with Chambers
Court personnel cannot provide legal advice or discuss case merits.
Court personnel are prohibited from giving legal advice or discussing the merits of a case.
Machine summary. Not checked yet. · Civil cases
Page 1 | II. Communications with Chambers
Joint continuance requests require pre-filing call to chambers.
If the parties agree to jointly move for a continuance of an ENE, MSC, or other settlement conference, they should place a joint call to Judge Berg's chambers prior to filing their joint motion to identify a new date that works with the schedule of the Court, counsel, and parties.
Machine summary. Not checked yet. · Civil cases
Page 3 | V. Continuances
Lodged documents can be emailed or hand-delivered to chambers.
When an order directs you to 'lodge' a document with chambers, you should either send it via e-mail to efile_berg@casd.uscourts.gov, or deliver the document to Judge Berg's chambers, 221 West Broadway, Suite 2160, San Diego, CA 92101.
Machine summary. Not checked yet. · Civil cases
Page 1 | II. Communications with Chambers