Judge André Birotte Jr.
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Filings
Not Required
Filings
Not Required
Adjournments
Must Include
- 1Reason For Request
- 2Original Date
- 3Proposed New Dates
Communication
Chambers
Chambers
Chambers
Phone
Intake Unit
Detailed Drafting Rules
Footnotes must match body font/size and citations must be in body text.
Footnotes must be used sparingly and must be in the same font and the same size as the body of the memorandum. Citations must be in the body of a memorandum, not in the footnotes.
No status inquiries to chambers staff.
Counsel must not contact the CRD regarding the status of any matter before the Court.
Direct to: Chambers
MS Word files of proposed orders must be emailed to chambers; PDF not acceptable; stipulations/ex parte applications must also be emailed.
Microsoft Word file of all proposed orders must be emailed to chambers at AB_chambers@cacd.uscourts.gov. See Local Rule 5-4.4.2. A pdf file is not acceptable. If the proposed order is based on a stipulation or an ex parte application, counsel must email both the order and the stipulation or ex parte application. Otherwise, accompanying documents (such as motions) should not be emailed to chambers.
Direct to: Chambers
- Status Inquiries
Calendar conflicts must be reported to opposing counsel and CRD via chambers email.
If any counsel discovers a calendar conflict with a scheduled appearance, counsel must inform opposing counsel and the Courtroom Deputy Clerk (“CRD”) via Chambers email at AB_chambers@cacd.uscourts.gov
Motion memoranda limited to 25 pages; replies limited to 15 pages.
Memoranda of points and authorities in support of or in opposition to motions must not exceed 25 pages. Replies must not exceed 15 pages.
Times New Roman 14pt or Courier 12pt font required for motions.
Typeface must comply with Local Rule 11-3.1.1. Times New Roman font must be at least 14 point; Courier font must be at least 12 point.
Case citations must use Bluebook format with pinpoint citations.
Citations to cases must be in Bluebook format and must include pinpoint citations (citations to page numbers). Counsel may omit parallel citations. For unreported cases, the Court prefers Westlaw citations.
Statutory citations must follow Bluebook and specify sections/subsections.
Statutes should be cited in accordance with the Bluebook. Statutory references should identify with specificity the sections and subsections referenced (e.g., “Plaintiff alleges that Defendant infringed on his trademark in violation of the Lanham Act, 15 U.S.C. § 1114(a).”) Avoid statutory citations that do not specifically indicate the appropriate section and subsection
Contact chambers only via specified email/phone for appropriate matters; no ex parte contact.
Counsel must not attempt to contact the Court or Chambers staff by email, telephone, or by any other ex parte means. Counsel may, for appropriate matters only, contact the CRD via Chambers email at AB_chambers@cacd.uscourts.gov or by telephone at (213)-894-2833.
Direct to: Chambers
- Advance Notice Requiredfor appropriate matters only
- Status Inquiries
Case citations must use Bluebook format with pinpoint citations.
Citations to cases must be in Bluebook format and must include pinpoint citations (citations to page numbers).
Citations must appear in the body, not footnotes.
Citations must be in the body of a memorandum, not in the footnotes.
Counsel may appear in person or via Zoom without notice; telephonic allowed if video not possible.
Counsel are equally welcome to appear in person or via Zoom video for any hearings, as they prefer. There is no need to give the Court notice or to make a request for either kind of appearance; please do not do so. If a video appearance is not possible, Zoom Telephonic appearances are permitted.
Direct to: Chambers
- Advance Notice Requirednone
- Hoursno notice required
- Status Inquiries
Proposed orders must be emailed as Word files to chambers; PDF not acceptable.
A Microsoft Word file of all proposed orders must be emailed to chambers at AB_chambers@cacd.uscourts.gov. See Local Rule 5-4.4.2. A pdf file is not acceptable. If the proposed order is based on a stipulation or an ex parte application, counsel must email both the order and the stipulation or ex parte application. Otherwise, accompanying documents (such as motions) should not be emailed to chambers.
Direct to: Chambers
- Advance Notice Requiredunspecified
- Hoursunspecified
- Status Inquiries
Calendar conflicts must be reported to opposing counsel and CRD via chambers email.
If any counsel discovers a calendar conflict with a scheduled appearance, counsel must inform opposing counsel and the Courtroom Deputy Clerk ("CRD") via Chambers email at AB_chambers@cacd.uscourts.gov
Direct to: Chambers
- Advance Notice Requiredunspecified
- Hoursunspecified
- Status Inquiries
Motion memoranda limited to 25 pages; replies limited to 15 pages.
Memoranda of points and authorities in support of or in opposition to motions must not exceed 25 pages. Replies must not exceed 15 pages.
Motion papers must use Times New Roman 14pt or Courier 12pt font.
Typeface must comply with Local Rule 11-3.1.1. Times New Roman font must be at least 14 point; Courier font must be at least 12 point.
Civil motions heard Fridays at 10:00 AM; Friday after Monday holiday closed.
Judge Birotte hears civil motions on Fridays beginning at 10:00 a.m. The Friday after any Monday holiday is closed to hearings.
Evidence must be marked with brackets to identify cited portions.
Marking Evidence: Parties must mark evidence they file in connection with any motion or other proceeding so that the Court can readily identify the portion the party wants the Court to consider. For example, use brackets in the margins of transcripts to denote the cited portions.
Document Type
Evidence
Counsel must meet and confer to determine filing order for cross-motions and stipulate to extended briefing schedule and page limits.
Counsel must meet and confer to determine which party will file the initial motion and which will file the opposition/cross-motion. Parties should stipulate to an extended briefing schedule and extended page limits (possible limits set forth above).
Pre-Motion Conference
Check specific requirements before filing.
Summary judgment papers should be prepared in user-friendly format with bookmarks, tables of contents, headings, and indices.
Because summary judgment motions are fact and evidence intensive, parties should prepare papers in a user-friendly fashion that will aid the Court’s review of the material (e.g., PDFs of exhibits bookmarked, tables of contents, headings, indices, etc.).
Use brackets to mark relevant portions of transcripts; unmarked transcripts will be disregarded.
Counsel must use brackets to mark the relevant portions of transcripts. The Court will disregard unmarked transcripts.
If not opposing an ex parte application, counsel must inform the CRD by telephone.
If the nonmoving party does not intend to oppose the ex parte application, counsel must inform the CRD by telephone.
Phone
Direct to: Intake Unit
- Status Inquiries
Do not call the CRD for status of ex parte applications.
Do not call the CRD for status of an ex parte application.
Phone
Direct to: Intake Unit
- Status Inquiries
No ex parte contact with Court or Chambers staff allowed
Counsel must not attempt to contact the Court or Chambers staff by email, telephone, or by any other ex parte means.
Direct to: Chambers
- Status Inquiries
Contact CRD via email or phone for appropriate matters only
Counsel may, for appropriate matters only, contact the CRD via Chambers email at AB_chambers@cacd.uscourts.gov or by telephone at (213)-894-2833.
Direct to: Chambers
- Status Inquiries
No status inquiries to CRD about pending matters
Counsel must not contact the CRD regarding the status of any matter before the Court.
Direct to: Chambers
- Status Inquiries
Motions in limine limited to 10 pages; no replies allowed.
Motions in limine must be filed at least 3 weeks (21 days) before the final pretrial conference; oppositions must be filed at least 2 weeks (14 days) before the final pretrial conference; there will be no replies. Motions in limine and oppositions must not exceed 10 pages in length.
Counsel must notify CRD of difficult legal issues requiring research or briefing, and advise of jury-out issues at day's end.
If any counsel anticipate that a difficult question of law or evidence will necessitate legal argument requiring research or briefing, counsel must give the Court advance notice. Counsel are directed to notify the CRD at the day’s adjournment if an unexpected legal issue arises that could not have been foreseen and addressed in advance. Counsel must also advise the CRD at the end of each trial day of any issues that must be addressed outside the presence of the jury so that there is no interruption of the trial. THE COURT WILL NOT KEEP JURORS WAITING.
Direct to: Chambers
- Hoursat day’s adjournment
- Status Inquiries