Court Rules
About United States District Judge André Birotte Jr.

**Judge André Birotte Jr.** was appointed to the Central District of California by President Barack Obama in 2014. He was the first African American to serve as U.S. Attorney for the Central District of California. Birotte was born in 1966 in Newark, New Jersey, to Haitian immigrant parents. He earned his undergraduate degree from Tufts University and his law degree from Pepperdine University School of Law. He began his career as a deputy public defender in Los Angeles, then served as an Assistant U.S. Attorney. From 2003 to 2010, he served as Inspector General of the Los Angeles Police Department, overseeing internal investigations and audits under a Federal Consent Decree. Obama appointed him U.S. Attorney in 2010, and he served until his elevation to the district court. **Education** - Pepperdine University School of Law, J.D., 1991 - Tufts University, B.S., 1987 **Career** - Deputy Public Defender, Los Angeles County, 1991–1995 - Assistant U.S. Attorney, Central District of California, 1995–1999 - Associate, Quinn Emanuel, 1999–2001 - Inspector General, Los Angeles Police Department, 2003–2010 - U.S. Attorney, Central District of California, 2010–2014 (first African American to hold this office) - U.S. District Judge, Central District of California, 2014–present

**Courthouse:** First Street U.S. Courthouse, 350 W. 1st Street, Los Angeles, CA 90012 **Division:** Western Division (Los Angeles) **Chambers Staff** - Chambers Email: AB_Chambers@cacd.uscourts.gov

Common questions about Judge André Birotte Jr.'s rules

Are courtesy copies required for Judge André Birotte Jr.?

Courtesy copies are required for all covered filings. Details: delivery upon filing, by hand delivery. Mandatory chambers copies of e-filed sealed documents must be provided in sealed envelopes with title page attached.

View ruleSource: page 5, section Mandatory Chambers Copies & Proposed Orders

Does Judge André Birotte Jr. require a pre-motion conference or letter before filing a motion?

Judge André Birotte Jr.'s rules set a pre-motion procedure for attorney fees. Motions for attorneys' fees must be fully vetted in the meet-and-confer process.

View ruleSource: page 1

What page or word limits apply to brief before Judge André Birotte Jr.?

Judge André Birotte Jr.'s rule states these limits: 25 pages; 15 pages. Memoranda in support/opposition limited to 25 pages; replies limited to 15 pages; extensions only for good cause.

View ruleSource: page 6, section Motions - General Requirements

What page or word limits apply to motion in limine before Judge André Birotte Jr.?

Judge André Birotte Jr.'s rule states these limits: 10 pages; 10 pages. Motions in limine limited to 10 pages; no replies allowed.

View ruleSource: page 7, section Motions in Limine

What formatting rules apply to filings before Judge André Birotte Jr.?

Judge André Birotte Jr.'s formatting rule includes times new roman font, 14 point type. Times New Roman 14pt or Courier 12pt font required for motions.

What must be included with application for leave to file under seal filings before Judge André Birotte Jr.?

The rule requires proposed order. Application for leave to file under seal must include a declaration, proposed order, redacted version, and unredacted version.

View ruleSource: page 4, section OVERVIEW OF E-FILING PROCEDURES

What must be included with proposed order filings before Judge André Birotte Jr.?

The rule requires proposed order. Proposed order must be emailed to chambers in Word Perfect or Microsoft Word format.

View ruleSource: page 5, section Mandatory Chambers Copies & Proposed Orders

How may parties contact Judge André Birotte Jr.'s chambers?

Parties may contact Judge André Birotte Jr.'s chambers by email only as allowed by the rule. The rule lists email AB_Chambers@cacd.uscourts.gov. After e-filing, email chambers with PDFs of application, declaration, proposed order (Word), and under-seal documents, with subject line containing case number and 'UNDER SEAL REQUEST'.

View ruleSource: page 1, section REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND ORDER

How does Judge André Birotte Jr. handle sealed or redacted filings?

Judge André Birotte Jr.'s rules set procedures for sealed or redacted filings. Sealed documents must be linked to the court order granting permission.

View ruleSource: page 4, section OVERVIEW OF E-FILING PROCEDURES

How do I request an adjournment or extension before Judge André Birotte Jr.?

Requests should be made at least 6 weeks in advance when this rule applies before Judge André Birotte Jr.. The request must include reason for request, original date, and proposed new dates. Motion to compel must be discussed with opposing counsel at least 6 weeks before discovery cut-off.

Does Judge André Birotte Jr. require motion papers to be bundled?

Yes. Judge André Birotte Jr. requires bundling for covered papers. Cross-motions for summary judgment should use 3-brief or 4-brief approach with specified page limits instead of separate motions.

Is electronic filing required before Judge André Birotte Jr.?

Yes. Electronic filing is required for the covered filings. Attorneys must electronically file sealed documents in public/non-sealed civil cases using CM/ECF.

View ruleSource: page 3, section E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES
Complete rules summary for Judge André Birotte Jr.

Sealed documents must be linked to the court order granting permission.

Attorneys must electronically file sealed documents in public/non-sealed civil cases using CM/ECF.

Sealed documents in criminal cases, fully sealed cases, and by pro se parties must be filed in paper.

A court order is required before filing any sealed document.

Application for leave to file under seal must include a declaration, proposed order, redacted version, and unredacted version.

Application, proposed order, redacted documents, and docket text are public; declaration and sealed documents are not publicly viewable.

After obtaining leave, the party must file the document under seal or cannot rely on it.

Sealed documents are not accessible via NEF; filing party must serve by other means and include a certificate of service.

Proposed order must be emailed to chambers in Word Perfect or Microsoft Word format.

Mandatory chambers copies of e-filed sealed documents must be provided in sealed envelopes with title page attached.

All sealed documents must be marked with the required language referencing the court order.

If CM/ECF technical failure prevents e-filing a sealed document, file in paper with original and judge's copy in separate sealed envelopes plus a PDF on CD.

When filing a redacted version, only redact confidential portions and add REDACTED in caption and docket text.

The sealed reply must be linked to the motion it relates to.

Application for Leave to File Under Seal requires declaration, proposed order, redacted and unredacted versions; public documents filed via non-sealed event and sealed documents via sealed event.

Application for Leave to File Under Seal must be accompanied by a declaration, proposed order, redacted versions (if partial sealing), and unredacted versions.

Sealed documents are filed in a two-step process: first file an Application and unsealed attachments, then file a Declaration and sealed attachments.

When filing a sealed declaration, the upload screen must turn red; if not, stop and restart the process.

Sealed documents must be served by other means (print NEF and serve with sealed declaration and unredacted document) because they are not accessible through NEF.

The sealed reply must be linked to the order granting leave to file under seal.

A sealed document may only be e-filed using the Sealed Document event if a court order granting leave to seal has already been obtained.

A court order is required to file any sealed document; if no order exists, an Application for Leave to File Under Seal must be filed first.

When filing under seal with a court order, the upload screen must turn red; if not, stop and restart the process.

A sealed document must be linked to an order granting leave to file it under seal.

Sealed documents must be served by other means (not electronic service); print the NEF and serve it with the sealed document on opposing counsel.

A court order granting leave is required before e-filing a motion under seal.

A court order is required before filing any sealed document; if no order exists, an Application for Leave to File Under Seal must be filed first.

Sealed motions must be linked to an order granting leave to file under seal.

The caption of a sealed motion must not contain confidential information because it will be publicly visible.

A sealed opposition may only be e-filed after obtaining a court order granting leave to file under seal.

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