Southern District of California Adjournment & Extension Requirements

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Criminal cases

A continuance request must be filed or emailed to the courtroom deputy by close of business two court days before the hearing.

Any continuance request must be filed or emailed to the courtroom deputy by close of business, two court days before the hearing.

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Civil cases

Before contacting the Court to request a continuance or other procedural change, parties must meet and confer.

Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, briefing schedule, or any other procedural change must meet and confer prior to contacting the Court.

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Civil cases

If the parties cannot agree on a continuance or extension, the requesting party must file an ex parte motion addressing diligence and prejudice and stating the original date, prior requests and outcomes, and opposing counsel’s position.

If the parties are unable to reach an agreement, the requesting party must file an ex parte motion satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result therefrom. In addition, the ex parte motion must state: (1) the original date; (2) the number of previous continuances and requests that have been made; (3) whether previous requests were granted or denied; and (4) opposing counsel’s position regarding the ex parte motion

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Criminal cases

A continuance request must be made by joint or unopposed motion.

All continuance requests require a joint or unopposed motion to continue.

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Criminal cases

Joint continuance motions must explain good cause, include written agreement to the proposed date from defendants not in custody, and address Speedy Trial Act exclusions in both the motion and proposed order when the clock is active.

All joint motions to continue must include: (1) the reason(s) for the circumstances establishing good cause for the continuance; (2) defendants who are not in custody must sign off on the Joint Motion and acknowledge and accept the next proposed court date in writing; (3) 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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Criminal cases

A continuance will not be granted unless the parties have fully complied with Local Rule 16.1.

No continuance will be granted where the parties have failed to fully comply with Local Rule 16.1.

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Criminal cases

Continuance requests must be made at least three court days before the hearing or they will be denied and the hearing will remain on calendar.

Please be advised that all continuance requests must be made no less than three (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.

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Continuance requests must be made by joint motion at least seven calendar days before the affected date.

All requests for continuances must be made by a joint motion no less than seven calendar days before the affected date.

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A continuance request must state the original deadline or date.

The request must state: 1. The original deadline or date;

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Criminal cases

Oral motions for continuances will generally be denied.

Oral continuance motions will generally be denied.

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Criminal cases

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

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

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Criminal cases

The Courtroom Deputy may administratively continue an agreed sentencing matter if it has not previously been continued twice, for no more 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 sixty (60) days from the originally scheduled date.

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Criminal cases

Except for the administrative continuance procedure described above, the Court prefers joint continuance motions before the scheduled date rather than at the hearing.

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.

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Criminal cases

Timing: Oral continuance motions will generally be denied. Any continuance request must be filed or emailed to the courtroom deputy by close of business, two court days before the hearing. For any late-breaking, unforeseen emergencies, the continuance request must be made as soon as possible and explain the exigency.

Summary: Continuance requests must be filed or emailed to the courtroom deputy by close of business two court days before the hearing (oral motions generally denied), with late-breaking emergencies raised as soon as possible along with an explanation of the exigency.

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Civil cases

The parties are required to obtain leave of Court to extend a deadline to raise a discovery dispute with the Court.

Summary: Parties must obtain leave of Court (stipulations alone are not binding) to extend the deadline to raise a discovery dispute with the Court.

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Civil cases

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.

Summary: 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.

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Civil cases

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.

Summary: 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.

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Civil cases

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.

Summary: Until the Court grants a joint motion affecting scheduling dates or deadlines, the parties must continue to comply with all scheduling deadlines.

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Civil cases

Modification of the Scheduling Order requires the approval of the Court, which will only be granted on a showing of good cause.

Summary: A Scheduling Order may be modified only with Court approval based on a showing of good cause.

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Civil cases

Any adminstrative request to the Court (i.e., extension of time, continuance of ENE, etc. should be made to the Court by joint motion. If only one party is making the request and _party does not oppose, they should indicate that in the joint motion. If _party oppose the request, they should set forth their position in the joint motion. Ex parte applications are disfavored, and any unopposed request should be filed as a joint motion rather than an ex parte application. Counsel who force an ex parte application by refusing to participate in the filing of a joint motion will be subject to sanctions.

Summary: Administrative requests, including extensions and continuances, should be presented as joint motions with the opposing position stated; ex parte applications are disfavored and may lead to sanctions.

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Civil cases

2. The number of previous requests for continuances; 3. A showing of good cause for the request; 4. Whether the request is opposed and why; 5. Whether the requested continuance will affect other case management dates; and 6. A declaration from the counsel seeking the continuance that describes the steps taken to comply with the existing deadlines, and the specific reasons why the deadlines cannot be met.

Summary: Continuance requests must include the number of previous requests, good cause, whether the request is opposed, effect on other case management dates, and a declaration about compliance steps and why deadlines cannot be met.

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Criminal cases

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.

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

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Criminal cases

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.

Summary: 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.

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Criminal cases

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.

Summary: 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.

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Criminal cases

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

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

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Criminal cases

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.

Summary: 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.

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Criminal cases

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.

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

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Criminal cases

Oral continuance motions will generally be denied. Any continuance request must be filed or emailed to the courtroom deputy by close of business, two court days before the hearing. For any late-breaking, unforeseen emergencies, the continuance request must be made as soon as possible and explain the exigency.

Summary: Continuance requests must be filed 2 court days before hearing; emergencies require immediate explanation.

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Criminal cases

Any continuance request must be filed or emailed to the courtroom deputy by close of business, two court days before the hearing. For any late-breaking, unforeseen emergencies, the continuance request must be made as soon as possible and explain the exigency.

Summary: Continuance requests must be submitted by close of business two court days before the hearing, with emergency requests filed as soon as possible and explaining the exigency.

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Criminal cases

For any late-breaking, unforeseen emergencies, the continuance request must be made as soon as possible and explain the exigency.

Summary: For a late-breaking, unforeseen emergency, a continuance request must be made as soon as possible and explain the exigency.

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Criminal cases

All continuance requests require a joint or unopposed motion to continue.

Summary: Continuance requests require joint or unopposed motion.

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Criminal cases

Please be advised that all continuance requests must be made no less than three (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.

Summary: Continuance requests must be made at least 3 court days before hearing.

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Criminal cases

All parties shall adhere strictly to Criminal Local Rule 47.1, which provides that all motions must be filed no later than fourteen (14) days prior to the date for which the motion is noticed unless the Court, by order and for good cause, shortens that time.

Summary: Motions must be filed 14 days before hearing date under Criminal Local Rule 47.1.

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Criminal cases

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.

Summary: Most motions must be filed 14 days before hearing date.

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Criminal cases

Please be advised that all continuance requests must be made no less than three (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 5 p.m. on the preceding Wednesday.

Summary: Continuance requests must be filed at least 3 court days before hearing.

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Criminal cases

All continuance requests require a joint or unopposed motion to continue.

Summary: Continuance requests must be made via joint or unopposed motion.

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Criminal cases

All joint motions to continue must include: (1) the reason(s) for the circumstances establishing good cause for the continuance; (2) defendants who are not in custody must sign off on the Joint Motion and acknowledge and accept the next proposed court date in writing; (3) 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.

Summary: Joint motions to continue must include good cause reasons, non-custody defendant sign-off, and Speedy Trial Act exclusions when applicable.

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Criminal cases

Please be advised that all continuance requests must be made no less than three (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 5:00 p.m. on the preceding Wednesday.

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

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Criminal cases

Joint motions to continue must state: (1) a reason for the circumstances establishing good cause for the continuance; and (2) defendants who are not in custody must acknowledge the next court date in writing.

Summary: Joint continuance motions must state good cause reason and have non-custodial defendants acknowledge next date in writing.

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Criminal cases

Please be advised that all continuance requests must be made no less than three (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 5 p.m. on the preceding Wednesday.

Summary: Continuance requests must be made at least 3 court days before hearing.

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Criminal cases

In addition, a Local Rule 16.1 report of counsel, the agreed upon timetable for the production of discovery, including the Alien Registration File, video footage, 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 must be on file.

Summary: Continuance requests require LR 16.1 report and discovery timetable to be on file.

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Criminal cases

All joint motions to continue must include: (1) the reason(s) for the continuance; (2) defendants who are not in custody must sign off on the Joint Motion and acknowledge and accept the next proposed court date in writing; (3) 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.

Summary: Joint motions to continue must include reasons, defendant acknowledgment, and Speedy Trial Act exclusions.

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Criminal cases

All counsel must adhere strictly to Criminal Local Rule 32.1(a)(5)–(10), which provide the following filing deadlines prior to a scheduled sentencing hearing: 1. Objections to the PSR: 14 days prior 2. Motions for departures, other than 5k1.1: 14 days prior 3. Motions for 5k1.1 departures: 7 days prior 4. Sentencing summary charts: 7 days prior 5. Addenda addressing objections: 7 days prior 6. Supporting documents: 7 days prior Failure to meet these deadlines will result in a continuance of the sentencing hearing unless counsel is prepared to waive consideration of the late submissions.

Summary: Filing deadlines for sentencing documents range from 7 to 14 days prior to hearing; failure results in continuance.

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Criminal cases

If a party wishes to file a reply brief or other supplemental documents in support of, or in opposition to, a pending motion, the party must seek leave of court to do so. Leave will not be granted absent good cause, and no supplemental filings will be accepted less than seven (7) days prior to the scheduled motion hearing.

Summary: Reply briefs and supplemental documents require leave of court and must be filed at least 7 days before hearing.

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Criminal cases

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

Summary: Opposition briefs must be filed 7 days before hearing date.

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Civil cases

Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, briefing schedule, or any other procedural change must meet and confer prior to contacting the Court. If the parties reach an agreement, they must file a joint motion

Summary: Continuance requests require meet and confer and joint motion if parties agree.

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Civil cases

If the parties are unable to reach an agreement, the requesting party must file an ex parte motion satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result therefrom. In addition, the ex parte motion must state: (1) the original date; (2) the number of previous continuances and requests that have been made; (3) whether previous requests were granted or denied; and (4) opposing counsel's position regarding the ex parte motion

Summary: When parties cannot agree on a continuance or extension, the requesting party must file an ex parte motion containing specific required elements.

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Criminal cases

Joint motions to continue must state: (1) a reason for the circumstances establishing good cause for the continuance; and (2) defendants who are not in custody must acknowledge the next court date in writing.

Summary: A joint motion to continue must state the reason establishing good cause, and defendants not in custody must acknowledge the next court date in writing.

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Criminal cases

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy. Initial requests for continuances can be made telephonically to the Courtroom Deputy. For any subsequent requests, if counsel both agree to the requested continuance, a joint motion should be filed and a proposed order should be emailed no later than 48 hours before the scheduled appearance. The joint motion and order should include the original date, the requested date for continuance, and the grounds for continuance.

Summary: Continuance requests must be made to Courtroom Deputy; subsequent requests require joint motion filed 48 hours before appearance.

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Civil cases

All requests by parties to appear telephonically will be made by filing a document entitled “Ex Parte Application for Telephonic Appearance,” setting forth good cause for the request to appear telephonically. The ex parte application will be filed at least one week prior to the hearing.

Summary: Telephonic appearance requests require ex parte application filed at least one week before hearing.

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Criminal cases

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk at the number above.

Summary: Continuance requests must be made immediately to Courtroom Deputy Clerk.

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A party seeking a continuance of a sentencing hearing must notify the courtroom deputy clerk at the earliest possible time, but in no event later than close of business three court days before the sentencing hearing.

Summary: Sentencing continuance requests must be made at least 3 court days before hearing.

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A party seeking a modification of their conditions of release to travel must file the request at least four court days in advance of their anticipated date of travel or show good cause why the request was submitted later than that.

Summary: Travel modification requests must be filed at least 4 court days in advance.

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Civil cases

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.

Summary: Joint motion and proposed order required for agreed continuances.

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Civil cases

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.

Summary: Ex parte continuance motions must be filed at least 2 court days before deadline.

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Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, briefing schedule, or any other procedural change must meet and confer prior to contacting the Court.

Summary: Parties must meet and confer before requesting a continuance or extension.

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Criminal cases

If counsel stipulate to a continuance, a joint motion should be filed on the CM/ECF docket, and a proposed order should be emailed to efile_ohta@casd.uscourts.gov.

Summary: Joint motions for continuance must be filed on CM/ECF with proposed order emailed.

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Criminal cases

Joint motions to continue must be filed before 9:00 a.m. on the Wednesday morning prior to the scheduled hearing.

Summary: Joint motions for continuance must be filed by 9:00 AM Wednesday before hearing.

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Criminal cases

If a joint motion is untimely filed, counsel will appear in person to request a continuance at the scheduled hearing.

Summary: Untimely joint motions require in-person continuance request at hearing.

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Criminal cases

A party seeking a continuance of a sentencing hearing must notify the courtroom deputy at the earliest possible time, but no later than noon on the Thursday prior to the following week's sentencing date.

Summary: Sentencing continuance requests must be made by noon Thursday before sentencing week.

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Civil cases

Parties filing a noticed motion must set the hearing to be thirty-five (35) days from the motion’s filing date.

Summary: Motions must be noticed for hearing 35 days after filing.

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Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, briefing schedule, or any other procedural change, must meet and confer prior to contacting the Court. If the parties reach an agreement, they must e-file a joint motion with a declaration explaining the reasons for the requested continuance or extension of time.

Summary: Continuance requests require meet and confer and joint motion if parties agree.

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If the parties are unable to reach an agreement, the requesting party must file an ex parte motion satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result therefrom. In addition, the ex parte motion must state: (1) the original date; (2) the number of previous continuances and requests that have been made; (3) whether previous requests were granted or denied; and (4) opposing counsel’s position with regard to their opposition. Such a motion should be filed at least two (2) days prior to the event or deadline that the moving party seeks to continue.

Summary: Unopposed continuance requests require ex parte motion with specific information at least 2 days before deadline.

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If counsel stipulate to the continuance, a joint motion should be filed with chambers and a proposed order should be emailed.

Summary: Stipulated continuances require joint motion and emailed proposed order.

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The joint motion should include the original date, the requested date for continuance (obtained from the Courtroom Deputy Clerk prior to filing), the grounds for continuance, whether continuances of the same hearing have been requested or granted in the past, and, if applicable, an exclusion of time under the Speedy Trial Act.

Summary: Joint motion must include original date, requested date, grounds, prior continuances, and Speedy Trial Act exclusion if applicable.

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All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk at the number above or by email.

Summary: Continuance requests must be made immediately to Courtroom Deputy Clerk.

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Criminal cases

The joint motion should include the original date, the requested date for continuance (obtained from the Courtroom Deputy prior to filing), the grounds for good cause for continuance and, if applicable, an exclusion of time under the Speedy Trial Act. All motions shall be filed no later than two (2) Court days prior to the scheduled hearing.

Summary: Continuance motions must be filed 2 court days before hearing and include specific elements.

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Criminal cases

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy at the number above or by email. If counsel stipulate to the continuance, a joint motion should be filed with chambers and a proposed order should be emailed.

Summary: Continuance requests must be made promptly to Courtroom Deputy by phone or email.

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Criminal cases

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk by email. If counsel stipulate to the continuance, a joint motion should be filed with chambers and a proposed order should be emailed. The joint motion must include the original date, the requested date for continuance (obtained from the Courtroom Deputy Clerk prior to filing), the grounds for continuance, and, if applicable, the basis for an exclusion of time under the Speedy Trial Act. All motions shall be filed no later than two (2) business days prior to the scheduled hearing. An acknowledgment of the next court date must be filed by all out of custody defendants simultaneously with the motion.

Summary: Continuance requests must be made immediately via email to the Courtroom Deputy Clerk; stipulated continuances require a joint motion with required content filed at least 2 business days before the hearing, and out-of-custody defendants must file a next court date acknowledgment with the motion.

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Civil cases

If a party intends to oppose an ex parte application, that party must file a notice as soon as practicable and within twenty-four (24) hours of the filing of the ex parte application stating their intent to oppose the ex parte application and the date on which the opposition will be filed.

Summary: Opposing ex parte applications requires 24-hour notice of intent to oppose.

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Civil cases

Parties requesting a continuance of a court date or an extension of a deadline must meet and confer with all other parties who have made an appearance prior to contacting the Court. If all appearing parties reach an agreement, they should file a joint motion. If no other parties have appeared or the appearing parties fail to reach an agreement, the party requesting the continuance or extension must file an ex parte application complying with all applicable rules and satisfying the relevant legal standard. Absent extraordinary circumstances, any request for a continuance or extension must be filed no later than three (3) court days before the relevant date.

Summary: Continuance/extension requests require meet-and-confer, joint motion if agreed, ex parte if not, filed 3 court days before deadline.

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Civil cases

Any party requesting to appear telephonically must obtain leave of the Court by filing an ex parte motion at least three (3) court days before the scheduled hearing.

Summary: Telephonic appearance requires ex parte motion filed 3 court days before hearing.

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2. The number of previous requests for continuances; 3. A showing of good cause for the request; 4. Whether the request is opposed and why; 5. Whether the requested continuance will affect other case management dates;

Summary: Continuance requests must state prior requests, show good cause, explain opposition, and disclose effects on case-management dates.

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The parties must file a joint motion demonstrating good cause if they seek to extend this deadline. The parties cannot extend this deadline by any agreement that is not approved by the Court.

Summary: Extending the deadline to raise discovery disputes requires a joint motion demonstrating good cause and Court approval; the parties cannot extend it by an unapproved agreement.

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Criminal cases

Nebbia and surety examinations will be heard only if calendared in advance with no less than 24 hours notice to the Court, all parties and the Pretrial Services Office. Defense counsel must provide the Court’s CRD and the United States Attorney’s Office with a copy of the proposed bail package, including in the case of a property bond, title documents, appraisals, bank loan statements and other relevant documents, 24 hours in advance of the hearing.

Summary: Nebbia/surety hearings require 24-hour advance calendaring and notice; defense must provide bail package to CRD and USAO 24 hours in advance.

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Civil cases

The Court will not grant requests to excuse a required party from attending the proceeding absent good cause. Counsel requesting that a required party be excused from appearing at a proceeding must meet and confer with opposing counsel prior to making the request and must file an appropriate motion establishing good cause for the request at least 5 court days before the ENE, MSC, or SC.

Summary: Excusal requests require good cause, meet-and-confer, and motion filed 5 court days before proceeding.

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Civil cases

Counsel seeking to reschedule an ENE or other settlement conference must confer with opposing counsel prior to making the request. Such requests must be made in a filed motion at least seven days before the scheduled hearing and may be granted only upon good cause shown.

Summary: Rescheduling requests require meet-and-confer, motion filed 7 days before, and good cause.

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Civil cases

As provided in Fed. R. Civ. P. 16(b)(4), modification of the dates and times set in the Scheduling Order requires good cause and judicial consent.

Summary: Scheduling Order modifications require good cause and judicial consent.

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Civil cases

Before requesting an extension of any date or deadline, the attorneys must 'meet and confer' and the request should then be made by filing a joint motion.

Summary: Extension requests require meet-and-confer and joint motion filing.

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Civil cases

The joint motion must establish good cause for the request and shall include a declaration from counsel of record detailing the steps taken to comply with the date(s) or deadline(s), the specific reason why the identified deadline cannot be met, and whether any prior extensions or modifications to the Scheduling Order

Summary: Joint motion for extension must include declaration detailing compliance efforts, reasons for inability to meet deadline, and prior extensions.

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Civil cases

Parties requesting a continuance of any conference, motion or hearing date, or briefing schedule shall meet and confer prior to contacting the Court. If the parties reach an agreement, they shall file a joint motion identifying the current date, the requested date, the number and length of any prior continuance, and the reason for the requested continuance or extension of time. The joint motion must include a table of all remaining dates and deadlines in the operative scheduling order and the proposed new dates for all remaining dates and deadlines. The parties also shall e-mail a proposed order in Word format that includes the table of dates to efile_major@casd.uscourts.gov.

Summary: Joint motion with table of dates required for continuance requests.

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Civil cases

If the parties are unable to reach an agreement, the requesting party shall file an ex parte motion satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result therefrom. In addition, the ex parte motion shall include (1) the original and proposed dates, (2) the number of previous requests and continuances, (3) whether previous requests were granted

Summary: Ex parte motion required if parties cannot agree on continuance.

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Civil cases

If the parties fail to resolve their dispute through the meet and confer process, then counsel for all parties are required to determine a mutually agreeable time to conduct a conference call with Chambers. The Court will not assign a hearing date before conducting a conference call with all counsel.

Summary: Conference call with chambers required before hearing on discovery disputes.

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Civil cases

All discovery motions must be filed within 30 days of the event giving rise to the dispute and only after counsel have met and conferred and communicated with the Court as set forth above.

Summary: Discovery motions must be filed within 30 days of the triggering event.

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Civil cases

Prior to bringing any discovery dispute to the Court, counsel must meet and confer pursuant to Civil Local Rule 26.1. If counsel are in the same county, they are to meet in person; if counsel practice in different counties, they are to confer by telephone or video. Under no circumstances may counsel satisfy the 'meet and confer' obligation by written or emailed correspondence.

Summary: Meet and confer required in person or by phone/video for discovery disputes.

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The parties must initiate the procedure described in section C above within 30 days of the event giving rise to the dispute. For disputes regarding depositions, the event giving rise to the dispute is the date of the deposition in which the dispute arose. For disputes regarding written discovery, the event giving rise to the dispute is the date the initial response was served, or, if a party fails to respond, the date the response was due.

Summary: Discovery disputes must be initiated within 30 days of triggering event

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If a dispute arises during a deposition, the parties must suspend the deposition and immediately meet and confer. If the dispute is not resolved after meeting and conferring, the parties may call chambers for an immediate ruling on the dispute. If Judge Cabrera is available, he will either rule on the dispute or give instructions on how to proceed. When leaving a voicemail with chambers, provide the case number and contact information for someone at the deposition so the Court can return the call, if possible, shortly thereafter. If Judge Cabrera is not available, the parties must mark the deposition at the point of the dispute and continue with the deposition. Upon completion of the deposition, the parties must once again meet and confer and, if the dispute is still not resolved, follow the procedures set out in sections C and D below.

Summary: Deposition disputes require immediate meet and confer, then call chambers if unresolved

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The parties may not unilaterally extend these deadlines by stipulation or by service of amended or supplemental responses. Any extension requires leave of Court upon a showing of good cause.

Summary: Extensions of discovery dispute deadlines require leave of court and good cause; unilateral extensions by stipulation or amended responses are prohibited.

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Requests to extend, amend, continue, or vacate dates and deadlines must be made by motion. The motion must be brought as a single motion, whether or not the parties are in agreement, and signed by all counsel, except in cases involving pro se litigants. The motion must state good cause for the extension and the basis for any party’s opposition (if opposed). Motions filed on the date of the deadline sought to be modified will be denied unless it is apparent on the face of the motion that the request could not have been made earlier for reasons not within counsel’s control.

Summary: Requests to modify deadlines must be made via a single motion signed by all counsel (except pro se), stating good cause and opposition basis; same-day motions are denied unless unavoidable.

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The parties may not unilaterally extend these deadlines by stipulation or by service of amended or supplemental responses. Any extension requires leave of Court upon a showing of good cause.

Summary: Discovery dispute deadlines cannot be unilaterally extended; extensions require court leave and good cause showing.

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Requests to extend, amend, continue, or vacate dates and deadlines must be made by joint motion after counsel for the parties have met and conferred by telephone or videoconference. The motion must state good cause for the extension and the basis for any party’s opposition (if opposed). Absent extraordinary circumstances, motions should be filed prior to the date of the deadline sought to be modified.

Summary: Extension/continuance requests must be joint motions after meet and confer, stating good cause and opposition basis, filed before deadline absent extraordinary circumstances.

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Criminal cases

Motions to modify conditions of release to request non-emergency travel must be submitted no later than 72 hours before the proposed travel.

Summary: Non-emergency travel motions must be filed 72 hours before travel.

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Criminal cases

A scanned copy of the plea agreement must be submitted to Judge Burkhardt's CRD no later than noon the day before the change of plea hearing.

Summary: Plea agreement must be submitted by noon the day before hearing.

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Criminal cases

Nebbia and surety examination hearings will only be heard if calendared in advance with no less than 24 hours' notice to all parties and the Pretrial Services Office. Defense counsel must provide the Court and the United States Attorney's Office a copy of the proposed bail package, including appraisals, title documents, and other relevant materials, no later than 24 hours in advance of the hearing.

Summary: Nebbia hearings require 24 hours' notice and bail package submission.

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Criminal cases

Absent extraordinary circumstances, oral motions for modifications of conditions of release will not be heard unless calendared in advance and with 24 hours' notice to the opposing party, the Pretrial Services Office, and the sureties. Parties must provide all documents being relied upon to Judge Burkhardt's CRD, preferably 24 hours in advance of the hearing.

Summary: Oral motions for release modifications require 24 hours' notice and advance calendaring.

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Civil cases

Any request to amend the scheduling order or to continue or reschedule any date, deadline, or court proceeding should be filed no fewer than 7 calendar days in advance of the dates and deadlines at issue.

Summary: Requests to amend scheduling order or continue proceedings must be filed at least 7 calendar days in advance.

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Civil cases

Any motion filed fewer than 7 calendar days in advance of the dates and deadlines at issue must address excusable neglect for the untimely request.

Summary: Motions filed within 7 days of deadline must show excusable neglect.

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Civil cases

Motions requesting to continue or reschedule any Court proceeding must include three mutually agreeable, alternative dates for the proceeding.

Summary: Motions to continue Court proceedings must propose three alternative dates.

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Civil cases

Counsel must proceed with due diligence in scheduling and conducting an appropriate meet and confer conference as soon as the dispute arises. Counsel shall commence the meet and confer process within 14 calendar days of the event giving rise to the dispute

Summary: Meet and confer must begin within 14 days of dispute.

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Civil cases

Motions requesting to amend any date or deadline in the scheduling order shall include the following: ... A statement of whether the request is timely. Untimely requests must include a showing of excusable neglect.

Summary: Motions to amend scheduling order must state timeliness and show excusable neglect if untimely.

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Civil cases

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.

Summary: Continuance requests require 7 calendar days advance written notice.

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Civil cases

All requests for continuances must be made by a joint motion no less than seven calendar days before the affected date.

Summary: Continuance requests must be filed as joint motions at least 7 calendar days before the affected date.

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Civil cases

Any motions filed on the date of the deadline sought to be modified will be denied unless it is apparent on the face of the motion the request could not have been made earlier for reasons not within counsel's control.

Summary: Motions filed on deadline date are denied unless emergency circumstances are apparent.

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Civil cases

Any request to amend the Scheduling Order or to continue or reschedule any date, deadline, or court proceeding should be filed no fewer than seven calendar days in advance of the dates and deadlines at issue.

Summary: Scheduling order amendments must be filed at least 7 calendar days before affected dates.

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Civil cases

The request must state: 1. The original deadline or date; 2. The number of previous requests for continuances; 3. A showing of good cause for the request; 4. Whether the request is opposed and why; 5. Whether the requested continuance will affect other case management dates; and 6. A declaration from the counsel seeking the continuance that describes the steps taken to comply with the existing deadlines, and the specific reasons why the deadlines cannot be met.

Summary: Continuance requests must include 6 specific elements: original date, previous requests, good cause, opposition, impact on other dates, and counsel declaration.

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Civil cases

Counsel must meet and confer prior to the filing of any motion to amend the Scheduling Order.

Summary: Meet and confer required before filing scheduling order amendment motions.

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Civil cases

Motions requesting to amend any date or deadline in the Scheduling Order shall include the following: 1. A showing of good cause for the request. Fed. R. Civ. P. 6(b), 16(b)(4). 2. A statement of whether the request is timely. Untimely requests must include a showing of excusable neglect. Fed. R. Civ. P. 6(b)(1)(B). 3. A table of all remaining dates and deadlines in the operative Scheduling Order and the proposed amendment for every remaining date or deadline in the Scheduling Order at the time the motion is filed. If no amendment is requested for any remaining date or deadline, the parties shall so indicate. 4. The number of previous requests to amend. 5. A declaration from counsel of record detailing the steps taken to comply with the dates and deadlines set forth in the Scheduling Order and the specific reasons why deadlines cannot be met.

Summary: Scheduling amendment motions must include 5 specific elements: good cause, timeliness, table of remaining dates, previous requests, and counsel declaration.

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Civil cases

The parties must meet and confer in an attempt to resolve any issues before contacting the Court.

Summary: Meet and confer required before filing discovery disputes.

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Civil cases

Pursuant to the requirements of Civil Local Rule 26.1(a), lead counsel of record or attorneys with full authority to make decisions and bind the client without later seeking approval from a supervising attorney, house counsel, or some other decision maker, are to meet and confer promptly regarding all disputed issues.

Summary: Lead counsel or decision-makers must meet and confer on discovery disputes.

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Civil cases

If counsel practice in the same county, they shall meet in person; if counsel practice in different counties, they shall confer by videoconference.

Summary: In-person meet and confer for same county counsel; videoconference for different counties.

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Civil cases

The parties must bring any discovery dispute to the Court's attention (either by email or filing a motion as outlined below) no later than thirty calendar days after either (1) the date of service of the written discovery response that is in dispute; or (2) the date that the portion of the deposition transcript in dispute is completed. Failure to meet this deadline will bar a party from filing a corresponding discovery motion.

Summary: Discovery disputes must be raised within 30 calendar days of service or deposition completion.

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Civil cases

Any motion filed fewer than seven calendar days in advance of the dates and deadlines at issue must address excusable neglect for the untimely request.

Summary: Untimely scheduling motions must show excusable neglect.

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Criminal cases

Absent extraordinary circumstances, oral motions to modify bail conditions will not be heard unless calendared in advance and with at least 24 hours' notice to the opposing party, the Pretrial Services Office, and any sureties.

Summary: Oral bail modification motions require 24-hour advance notice.

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Criminal cases

Any requests to continue a hearing must be filed by way of written motion on the docket and must state the reason(s) for the requested

Summary: Written motion required for hearing continuances with stated reasons.

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Civil cases

Absent compelling circumstances, a request to continue must be made at least seven (7) days prior to the scheduled conference.

Summary: Continuance requests must be made at least 7 days before the scheduled conference.

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Civil cases

Following telephonic contact with chambers, counsel can expect to be instructed to file an ex parte or Joint Motion, as appropriate, which will be granted only upon good cause shown.

Summary: After contacting chambers, file ex parte or joint motion for continuance with good cause.

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Civil cases

Any motion related to discovery disputes must be filed no later than thirty (30) days after the date upon which the event giving rise to the dispute occurred.

Summary: Discovery motions must be filed within 30 days of the triggering event.

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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

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

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Civil cases

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.

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

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

Summary: Objections to pretrial disclosures are due 14 days after disclosure.

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Civil cases

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.

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

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Civil cases

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

Summary: Pretrial disclosures are due 21 days before Final Pretrial Conference.

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Civil cases

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

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

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Civil cases

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.

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

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Civil cases

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).

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

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Civil cases

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.]'

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

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Civil cases

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).

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

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Criminal cases

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.

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

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Criminal cases

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.

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

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Criminal cases

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.

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

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Civil cases

Motion papers must be filed and served within three (3) court days of obtaining the hearing date. Failure to file and serve the papers within 3 court days will result in forfeiture of the reserved date.

Summary: Motion papers must be filed and served within 3 court days of obtaining hearing date or forfeit the date.

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Civil cases

Moving papers MUST be filed and served within 3 days of obtaining a motion hearing date from chambers.

Summary: Moving papers must be filed and served within 3 days of obtaining hearing date.

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Civil cases

A party that determines that it will not oppose a given motion shall file a statement of non-opposition no later than 14 days before the hearing date.

Summary: Statement of non-opposition must be filed 14 days before hearing.

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Civil cases

If the parties are unable to reach an agreement, the requesting party shall file an ex parte application satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result therefrom. In addition, the ex parte application shall state: (1) the original hearing date, (2) the number of previous continuance requests, and (3) whether previous requests were granted or denied.

Summary: Unagreed continuance requests require ex parte application with specific information

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Civil cases

Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, or briefing schedule or other procedural change shall meet and confer prior to contacting the Court. If the parties reach an agreement, they shall e-file a joint motion with a detailed declaration of the reason for the requested continuance or extension of time. They shall also e-mail a proposed Order to efile_miller@casd.uscourts.gov. Except in extraordinary circumstances, joint motions to amend a briefing schedule or to continue a motion hearing date must be filed no later than three court days before the affected date.

Summary: Continuance requests require meet-and-confer, joint motion with declaration, and proposed order emailed to efile_miller@casd.uscourts.gov

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Civil cases

Parties requesting a continuance of any conference, hearing, deadline, briefing schedule, or other procedural changes shall meet and confer prior to contacting the Court. If the parties reach an agreement, no hearing date is required and the parties shall file a joint motion, including a declaration that details the reason(s) for the requested continuance or extension of time. They shall also submit a proposed Order as set forth in Chambers Civil Rule 7.

Summary: Meet and confer required before requesting continuances; joint motion with declaration and proposed order if agreement reached.

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Civil cases

Except in extraordinary circumstances, joint motions to amend a briefing schedule or a motion hearing date must be filed no later than three (3) court days before the affected date. If the parties are unable to reach an agreement, the party requesting the continuance shall file an ex parte application satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result. In addition, the ex parte application shall state (1) the original date, (2) the number of previous continuance requests and (3) whether previous requests were granted or denied.

Summary: Joint motions for continuance must be filed 3 court days before deadline; ex parte applications require diligence and prejudice analysis.

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Criminal cases

All requests for continuance should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk, at 619-557‐2921. If counsel stipulate to the requested continuance, a joint motion stating the reason for the continuance and whether the defendant is in custody shall be filed no later than the Wednesday prior to the Monday hearing. If the defendant is out on bond, an acknowledgment of next court date must be filed with the joint motion. The proposed order should be emailed to efile_whelan@casd.uscourts.gov when the joint motion is filed, and the email’s subject line should contain the case number and defendant’s name.

Summary: Continuance requests must be made promptly and filed by Wednesday before Monday hearing.

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Civil cases

Joint Motions for Continuance of Scheduling Order Dates must also include supporting declarations by counsel.

Summary: Joint Motions for Continuance require supporting declarations by counsel.

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Civil cases

The Scheduling Order will not be modified 'except upon a showing of good cause.' Fed. R. Civ. P. 16(b).

Summary: Scheduling Order modifications require showing of good cause under Fed. R. Civ. P. 16(b).

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Civil cases

Requests to continue an ENE, MSC, or VSC may be made by placing a joint call or email to Chambers after counsel have met and conferred. The request must be made as soon as counsel is aware of the circumstances warranting a continuance.

Summary: Requests to continue ENE, MSC, or VSC require joint call/email to Chambers after meeting and conferring.

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Civil cases

All other requests to continue hearings or to amend the Scheduling Order deadline must be made by Joint Motion, even if the parties are not in agreement, no less than seven (7) days before the affected date. Before filing a Joint Motion for Continuance counsel must meet and confer.

Summary: Joint Motion required for continuances/hearing amendments, filed 7+ days before deadline.

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Civil cases

The Court will not rule on a discovery dispute that is brought to the Court’s attention more than 30 days after the date upon which the event giving rise to the dispute occurred absent a showing of good cause. The parties must file a joint motion demonstrating good cause if they seek to extend the 30-day deadline. If the parties do not alert the Court that they are attempting to resolve their dispute, and the 30-day deadline passes, the Court will consider the issue waived and the party will be barred from filing a corresponding discovery motion. The parties cannot extend the deadline by any agreement that is not approved by the Court.

Summary: Discovery disputes must be raised within 30 days or are waived unless good cause shown.

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Criminal cases

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 sixty (60) days from the originally scheduled date.

Summary: Sentencing continuances limited to 60 days and max 2 continuances.

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Criminal cases

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

Summary: Parties must notify Courtroom Deputy at earliest possible time for continuance requests.

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Criminal cases

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.

Summary: Continuance requests should be made by joint motion before hearing, not at hearing.

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Criminal cases

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.

Summary: Continuance requests should be made by joint motion prior to the hearing, not at the hearing.

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Civil cases

Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, briefing schedule, or any other procedural change must meet and confer prior to contacting the Court.

Summary: Parties must meet and confer before requesting any continuance or procedural change.

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Criminal cases

Applications for an Order Shortening Time are disfavored and must be supported by a non-conclusory affidavit signed by counsel setting forth facts establishing specific good cause.

Summary: Shortening time applications require non-conclusory affidavit with good cause.

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Criminal cases

Absent a showing of good cause, any late filings by counsel may result in a continuance, at minimum.

Summary: Late filings may result in continuance without good cause.

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Civil cases

Any ex parte motion that is not opposed within two (2) Court days will be considered unopposed and may be granted on that ground.

Summary: Ex parte motions unopposed within 2 court days may be granted as unopposed.

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Criminal cases

The Court prefers that continuance requests be made by joint motion prior to the scheduled date, and NOT at the time of the hearing.

Summary: Continuance requests should be made by joint motion before the hearing, not at the hearing.

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Criminal cases

Failure to meet these deadlines will result in a continuance of the sentencing hearing unless counsel is prepared to waive consideration of the late submissions.

Summary: Late submissions result in continuance unless waived.

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The Court will issue a Scheduling Order following the CMC. Modification of the Scheduling Order requires the approval of the Court, which will only be granted on a showing of good cause.

Summary: The Court issues a Scheduling Order after the CMC, and modification requires Court approval and good cause.

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Civil cases

The filing of a motion to continue any date or deadline does NOT permit the parties to disregard the challenged date or deadline. Unless and until the Court grants the motion to continue, all parties must continue to comply with all deadlines.

Summary: Parties must comply with deadlines until continuance is granted.

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Civil cases

If a party or lawyer fails to respond to opposing counsel's request to meet and confer for more than 72 hours, counsel may contact chambers and request a telephonic conference with the clerk assigned to the case or an appropriate briefing schedule.

Summary: 72-hour response deadline for meet and confer requests.

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The parties may not unilaterally extend these deadlines by stipulation or by service of amended or supplemental responses. Any extension requires leave of Court upon a showing of good cause.

Summary: Deadlines cannot be extended by stipulation; requires leave of court with good cause

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Civil cases

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.

Summary: Excusal requests must be filed 7 days before settlement conference.

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Civil cases

The Court prefers any motion to amend the schedule be brought as a joint motion reflecting the positions of the parties.

Summary: Joint motions preferred for scheduling amendments.

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Civil cases

If a party or lawyer fails to respond to opposing counsel's request to meet and confer for more than three business days, counsel may contact Chambers and request a pre-motion conference or appropriate briefing schedule.

Summary: Failure to respond to meet and confer request for 3+ business days allows contacting Chambers for pre-motion conference.

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Criminal cases

filed no later than seven (7) days prior to the hearing (unless directed otherwise by the court) in order to allow government counsel time to respond to the request.

Summary: Requests must be filed at least 7 days before hearing for government response.

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Civil cases

Counsel seeking to reschedule an ENE or other settlement conference must confer with opposing counsel prior to making the

Summary: Must confer with opposing counsel before rescheduling ENE

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Civil cases

If the meet and confer process or attempts to supplement disputed responses will extend the dispute beyond 30 days, a motion, preferably a joint motion, to extend the deadline must be filed.

Summary: Motion to extend 30-day deadline required if meet-and-confer extends beyond 30 days.

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

Summary: Requests within 7 days must show excusable neglect for untimeliness

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Civil cases

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.

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

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Civil cases

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.

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

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Civil cases

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

Summary: Court has discretion to allow early discovery for good cause.

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Civil cases

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.

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

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Civil cases

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.'

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

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Civil cases

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).

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

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Civil cases

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

Summary: Additional examinations require high showing of good cause.

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Civil cases

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

Summary: Good cause required for third-party observer at exams.

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Civil cases

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.

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

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Civil cases

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.

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

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Criminal cases

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

Summary: Continuance requests must notify Courtroom Deputy at earliest possible time.

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Civil cases

The filing of a Joint Motion for Continuance does NOT permit the parties to disregard the must continue to comply with all dates and deadlines set forth in the Scheduling Order.

Summary: Filing Joint Motion for Continuance does not excuse compliance with existing deadlines.

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Civil cases

Requests to amend the Scheduling Order may be denied if the proposed amendments necessitate an extension of the final pre-trial conference and/or trial date.

Summary: Amendments extending pre-trial conference or trial dates may be denied.

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Criminal cases

By way of example, a motion to continue a hearing set for Monday must be filed by 5:00 p.m. on the preceding Wednesday.

Summary: Example: Monday hearing continuance must be filed by 5:00 p.m. Wednesday.

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Criminal cases

Upon request, the Court will proceed with immediate sentencing in certain immigration cases if it has sufficient information in the record to perform a meaningful exercise of sentencing authority. Such dispositions are encouraged.

Summary: Immediate sentencing available for immigration cases upon request.

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Criminal cases

Upon request, the Court will proceed with immediate sentencing in certain immigration cases if it has sufficient information in the record to perform a meaningful exercise of sentencing authority.

Summary: Immediate sentencing available for immigration cases upon request.

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Criminal cases

Magistrate Judges will schedule the Motion/Trial Setting hearing on the Monday calendar six weeks after the initial appearance before the Magistrate Judge.

Summary: Motion/Trial Setting hearing scheduled 6 weeks after initial appearance.

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Criminal cases

Generally, trials are scheduled from 9:00a.m. to 5:00p.m., beginning on Tuesdays.

Summary: Trials generally scheduled 9:00a.m. to 5:00p.m., starting Tuesdays.

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Civil cases

After service of the ex parte application, opposing counsel will ordinarily be given until 5:00 p.m. on the next business day to respond. If more time is needed, opposing counsel must call the law clerk assigned to the case to request additional time.

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

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Civil cases

During the conference call, counsel for the parties will be asked to explain: (i) the details of their dispute; (ii) their respective positions; (iii) what meet and confer efforts have taken place; (iv) the precise relief the moving party is seeking; and (v) how soon they can file the motion and opposition.

Summary: Conference call must cover dispute details, positions, meet and confer efforts, relief sought, and filing timeline.

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Civil cases

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.

Summary: Opposing counsel has until 5:00 PM next business day to respond to ex parte motions.

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Civil cases

The Court will either issue an order on the written submissions or set a date and time for a hearing.

Summary: Court will issue order or set hearing on ex parte motions.

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Civil cases

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

Summary: Certain cases are exempt from discovery stay requirement.

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Civil cases

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.

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

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Civil cases

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

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

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Civil cases

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

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

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Civil cases

Rule 30(a)(2) requires courts grant leave to take additional depositions when consistent with the principles of Rule 26(b)(1) and (2).

Summary: Court must grant leave for additional depositions if consistent with discovery principles.

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Civil cases

While there is no limit, examinations may be performed only at the court’s discretion.

Summary: Examinations require court discretion, no numerical limit.

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Civil cases

The court may order multiple examinations of different types concurrently.

Summary: Court may order multiple concurrent examinations of different types.

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Civil cases

The court may order subsequent or repeat examinations where a previous examination was incomplete or limited in scope, or where a significant amount of time has lapsed since a prior examination or a change has been reported in the party’s condition.

Summary: Court may order repeat exams for incomplete, time-lapsed, or changed conditions.

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Civil cases

A Joint Motion for a Continuance shall be in the form required by Civil Local Rule 7.2 except that it is not necessary for the parties to submit a proposed order.

Summary: Joint Motion for Continuance follows Local Rule 7.2 format, no proposed order needed.