Judge Maria A. Audero
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Motion For Attorneys Fees
- 1 copy • Email • Upon Filing
Adjournments
- Defendants not served within 90 days of filing are dismissed unless Court orders otherwise.
- Form pleadings must be replaced with appropriate pleadings within 30 days of removal.
- Discovery should begin before Scheduling Conference unless Court orders otherwise.
- Strategic staging of discovery or settlement discussions do not constitute good cause for continuances.
- Denial of extension requests is with prejudice.
- +8 more
Request must include
- Court must be notified within 7 days if parties resolve, withdraw, or don't oppose motion.
- TRO oppositions must be filed within 48 hours; Court waits 48 hours before ruling.
- Ex parte applications require 2 court day notice and 2 court day waiting period before ruling.
- Doe defendants not served within 60 days after Scheduling Conference are dismissed unless additional time is granted.
Communication
Chambers, Clerk
Page & Word Limits9 rules
Handwritten/typewritten briefs limited to 25 pages (excluding specified items).
A handwritten brief or a brief prepared using a typewriter may not exceed twenty-five (25) pages, excluding the caption (if on a separate cover page), the table of contents, the table of authorities, the signature block, and any indices and exhibits.
25 pages
25 pages
Motion memoranda (points and authorities) limited to 7,000 words with specified exclusions.
memoranda of points and authorities in support of or in opposition to motions must not exceed seven thousand (7,000) words, including headings, footnotes, and quotations but excluding the caption, the table of contents, the table of authorities, the signature block, the certification required by Local Rule 11-6.2, and any indices and exhibits.
Brief
7,000 words
Applies to: Attorney
Only in rare instances will the Court find good cause to grant an application to extend these page limitations. Any memorandum that exceeds the page limit shall be stricken and may not be considered.
Any memorandum that exceeds the page limit shall be stricken and may not be considered.
Replies must not exceed fifteen (15) pages.
Reply
15 pages
Motions limited to 7,000 words (excluding specified items).
Unless expressly stated otherwise or as excepted in the Local Rules, memoranda of points and authorities in support of or in opposition to motions must not exceed seven thousand (7,000) words, including headings, footnotes, and quotations but excluding the caption, the table of contents, the table of authorities, the signature block, the certification required by Local Rule 11-6.2, and any indices and exhibits.
Motion
7,000 words
Applies to: Attorney
Replies must not exceed fifteen (15) pages.
Reply
15 pages
Applies to: Attorney
Handwritten or typewriter briefs limited to 25 pages with specified exclusions.
A handwritten brief or a brief prepared using a typewriter may not exceed twenty-five (25) pages, excluding the caption (if on a separate cover page), the table of contents, the table of authorities, the signature block, and any indices and exhibits.
Brief
25 pages
25 pages
Applies to: Pro Se
Memoranda limited to 25 pages double-spaced, 14-point Times New Roman font required.
All memoranda of law shall be double-spaced and limited to twenty-five (25) pages. The Court prefers memoranda to use only fourteen (14)-point Times New Roman font. Footnotes shall be in the same font and the same size as the body of the memorandum.
Memorandum
25 pages
Document Format Requirements15 rules
Counsel. Pursuant to Rule 5(d)(3), Local Rule 5-4, and General Order 10-07, counsel shall electronically file (“e-file”) all filings.
Pursuant to Rule 5(d)(3), Local Rule 5-4, and General Order 10-07, counsel shall electronically file (“e-file”) all filings.
Documents—motions, stipulations, proposed orders, and exhibits—submitted to the Court must be text searchable (i.e., "OCR'd").
Separate statement of undisputed facts must be in two-column table with facts on left and evidence on right.
The separate statement of undisputed facts shall be in a two (2)-column table, as shown below. The left column sets forth narrowly-focused, undisputed facts as concisely as possible in sequentially numbered paragraphs. The right column sets forth the evidence that supports the factual statement. Where feasible, parties should use headers to group facts relevant to a particular issue,
Statement of genuine issues must be two-column table tracking movant's statement with specific response elements.
The opposing party's statement of genuine issues also must be in a two (2)-column table and exactly track the movant's separate statement. The left column must restate the allegedly undisputed fact and its supporting evidence. The right column must (i) state that the fact is undisputed or disputed, (ii) briefly state why the opposing party disputes the fact, (iii) cite with specificity the evidence that refutes the fact, and (iv) explain how the cited evidence refutes the fact.
to use only fourteen (14)-point Times New Roman font. Footnotes shall be in the same font and the same size as the body of the memorandum.
In addition to the requirements of the Local Rules, all amended pleadings must be numbered serially to differentiate each amendment (i.e., “First Amended Complaint,” “Second Amended Complaint”).
Statutes should be cited in accordance with the Bluebook. Statutory references should identify with specificity the sections and subsections referenced (e.g., “Jurisdiction over this cause of action is based on 47 U.S.C. § 33, which grants the district court jurisdiction over all violations of the Submarine Cable Act.”). Statutory citations that do not specifically indicate the appropriate section and subsection (e.g., “Plaintiffs allege that Defendant’s conduct violates the Federal Electronic Communication Privacy Act, 18 U.S.C. § 2511, et seq.”) should be avoided. Citations to treatises, manuals, and other materials should include the volume, section, and pages being referenced.
Citations to cases must be in Bluebook format. Citations to cases must include pinpoint citations (citations to page numbers). For unreported cases, the Court prefers Lexis citations.
Pro Se Litigants. Pro se litigants may present documents to the Clerk for filing in paper format pursuant to Local Rule 5-4.2.
Pro se litigants may file in paper format at the clerk's window or by mail.
Pro se litigants may present documents to the Clerk for filing in paper format pursuant to Local Rule 5-4.2. Pro se litigants can submit paper documents for filing by: (1) direct filing at the filing window located in the Roybal Courthouse; or (2) mail addressed to the Clerk at the Roybal Federal Building and United States Courthouse, 255 East Temple Street, Los Angeles, CA 90012.
Pro se litigants may use EDSS for electronic submission without PACER registration; attorneys cannot use EDSS.
Alternatively, pro se litigants may submit documents for filing through the Court's Electronic Document Submission System ("EDSS") instead of mailing or bringing documents to the Clerk's Office. EDSS is not the same as filing documents electronically in the Court's CM/ECF System. Registration is not required to use EDSS and litigants do not need a PACER account; only internet access and an email address are required. Attorneys may not use EDSS to submit documents on behalf of their clients.
Pro se litigants may submit documents for filing through the Court’s Electronic Document Submission System (“EDSS”) instead of mailing or bringing documents to the Clerk’s Office.
All documents—including briefs, declarations, and exhibits—submitted to the Court must be text searchable (i.e., “OCR’d”).
Memoranda must use 14-point Times New Roman font with matching footnotes.
All memoranda of law shall be double-spaced and limited to twenty-five (25) pages. The Court prefers memoranda to use only fourteen (14)-point Times New Roman font. Footnotes shall be in the same font and the same size as the body of the memorandum.
Document Filing Requirements52 rules
Counsel shall attach as an appendix to all amended pleadings a “redline” version of the amended pleading showing all additions and deletions of material from the most recent prior pleading.
DocumentAmended Pleading
At the very least, the parties shall comply fully with the letter and spirit of Rule 26(a) and thereby obtain and produce most of what would be produced in the early stage of discovery,
DocumentInitial Disclosure
Proposed orders required with motions, with relief sought and rationale.
Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations.
DocumentMotion
Documents filed in support of motions or stipulations that are not filed in accordance with this Order may not be considered or the related filing may be stricken.
DocumentFiling
Parties must serve and lodge a proposed order with motions and oppositions.
Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations.
DocumentMotion
Attachments must be filed as separately docketed entries with descriptions, except for summary judgment motion filings.
Except for filings in support of motions for summary judgment, if a filed or lodged document has declarations, exhibits, or other attachments, each attachment must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., ECF No. 29-1 Smith Declaration, 29-2 Ex. 1 – License Agreement, 29-3 Request for Judicial Notice). Documents filed in support of motions or stipulations that are not filed in accordance with this Order may not be considered or the related filing may be stricken.
DocumentMotion
Failure to timely comply will result in the Court striking the filing.
DocumentFiling
Attachments must be separately docketed with descriptions, except for summary judgment motions.
Except for filings in support of motions for summary judgment, if a filed or lodged document has declarations, exhibits, or other attachments, each attachment must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., ECF No. 29-1 Smith Declaration, 29-2 Ex. 1 – License Agreement, 29-3 Request for Judicial Notice).
DocumentAttachment
Proposed orders must be emailed to judge’s chambers in Word and PDF format.
The Court enforces strict compliance of Local Rule 5-4.4.2, which instructs: “After a document requiring a judge’s signature has been lodged in accordance with L.R. 5-4.4.1, . . . a Microsoft Word copy of the proposed document, along with a PDF copy of the electronically filed main document, must be emailed to the assigned judge’s generic chambers email address, either by using the ‘Proposed Orders’ link within the CM/ECF System or by sending a separate email
DocumentProposed Order
The Court will not consider a stipulation, ex parte application, or other request for relief until a compliant proposed order is received by email.
DocumentStipulation
Moving party must include truthful representation of meet-and-confer compliance in signed notice of motion.
The moving party must include in the signed notice of motion a truthful representation of full compliance with Local Rule 7-3, stating that the parties "thoroughly discussed the substance and potential resolution of the filed motion [by phone/videoconference or in person]." With respect to discovery motions, the moving party must affirm compliance with the meet-and-confer requirements of Local Rule 37.
DocumentNotice Of Motion
If an opposing party refuses to participate in good faith, the moving party shall explain the refusal in detail through an under-oath declaration that accompanies the motion or other moving paper.
DocumentMotion
In addition to the requirements of the Local Rules, all amended pleadings must be numbered serially to differentiate each amendment (i.e., “First Amended Complaint,” “Second Amended Complaint”).
DocumentAmended Pleading
The Court will not wade through a document to determine whether a fact really is in dispute.
DocumentSeparate Statement
Moving party's response must include every fact from opposing party's statement and exactly track the format.
The moving party’s response to the statement of genuine issues must include every fact included in the opposing party’s statement of genuine issues, and for facts disputed by the opposing party, the moving party’s response to rebut the existence of a genuine dispute. The moving party’s response to the statement of genuine issues must exactly track the opposing party’s statement of genuine issues.
DocumentResponse To Separate Statement
Separate statement must not include legal argument; opposing party must clearly indicate disputed portions.
Do not include legal argument in this document. The opposing party may dispute all or only a portion of the statement, but if disputing only a portion, it must clearly indicate what part is being disputed. The Court will not wade through a document to determine whether a fact really is in dispute.
DocumentSeparate Statement
Do not include legal argument in this document.
DocumentSeparate Statement
The Court will not consider such material.
DocumentSeparate Statement
Evidence must be submitted by stipulation or as exhibits to declarations; court accepts counsel's authentication of deposition transcripts and discovery responses.
Evidence must be submitted either by stipulation or as exhibits to declarations sufficient to authenticate the proffered evidence, and must not be attached to the memorandum. The Court will accept counsel’s authentication of deposition transcripts and written discovery responses.
DocumentMotion
The middle column should set forth a concise objection (e.g., hearsay, lacks foundation, etc.) with a citation to the Federal Rules of Evidence or, where applicable, a case citation.
DocumentEvidentiary Objection
Documentary evidence without stipulation must be accompanied by witness testimony establishing authenticity.
Documentary evidence for which there is no stipulation regarding authenticity must be accompanied by testimony, either by declaration or deposition transcript, of a witness who can establish authenticity.
DocumentMotion
Evidence must be submitted by stipulation or as authenticated exhibits to declarations, not attached to memoranda; documentary evidence without stipulation requires authenticating testimony.
Evidence must be submitted either by stipulation or as exhibits to declarations sufficient to authenticate the proffered evidence, and must not be attached to the memorandum. The Court will accept counsel’s authentication of deposition transcripts and written discovery responses. Documentary evidence for which there is no stipulation regarding authenticity must be accompanied by testimony, either by declaration or deposition transcript, of a witness who can establish authenticity.
DocumentMotion
Evidentiary objections must be made in writing, served, and e-filed separately from opposition or reply papers.
Evidentiary objections to a declaration submitted in connection with a motion or other matter shall be made in writing and served and e-filed at the same time as, but separately from, the opposition or reply papers.
DocumentEvidentiary Objection
If a party disputes a fact based in whole or in part on an evidentiary objection, the ground of the objection should be succinctly stated in a separate statement of evidentiary objections in a three-column format: (a) The left column should include the relevant portions of any declaration or deposition, which shall include the highlighted, underlined, and/or bracketed portions that are being objected to (including page and line number, if applicable). Each objection shall be numbered and located within the copy of the declaration. (b) The middle column should set forth a concise objection (e.g., hearsay, lacks foundation, etc.) with a citation to the Federal Rules of Evidence or, where applicable, a case citation.
DocumentOpposition
If a party disputes a fact based in whole or in part on an evidentiary objection, the ground of the objection should be succinctly stated in a separate statement of evidentiary objections in a three-column format:
DocumentEvidentiary Objection
Evidentiary objections must be in writing, served, and e-filed simultaneously with but separate from opposition or reply papers.
Evidentiary objections to a declaration submitted in connection with a motion or other matter shall be made in writing and served and e-filed at the same time as, but separately from, the opposition or reply papers.
DocumentOpposition
Left column of three-column format must include relevant portions of declaration or deposition with highlighting/underlining/bracketing and page/line numbers.
The left column should include the relevant portions of any declaration or deposition, which shall include the highlighted, underlined, and/or bracketed portions that are being objected to (including page and line number, if applicable). Each objection shall be numbered and located within the copy of the declaration.
DocumentEvidentiary Objection
Class settlement motions must include a detailed fee spreadsheet and an editable Excel copy emailed to chambers.
Parties submitting a motion for preliminary or final approval of a class settlement shall include a spreadsheet supporting any proposed award of attorneys' fees. The spreadsheet shall include an estimate of any future attorneys' fees for which compensation will be sought, the normal hourly rate of all counsel for whom entries appear on the spreadsheet, the support for such hourly rate(s), and an explanation of the basis of any service enhancement award for lead plaintiff(s), including the hours worked and activities performed by such lead plaintiff(s). An editable, electronic courtesy copy shall be prepared in Microsoft Excel and emailed to the Court's Chambers' email at MAA__Chambers@cacd.uscourts.gov, formatted for use with Microsoft Excel.
DocumentMotion
Proposed order required for evidentiary objections, filed via CM/ECF or emailed to chambers.
A proposed order shall be filed and attached to the evidentiary objections as a separate document consistent with Local Rule 52-4.1 and either uploaded through the CM/ECF System or emailed directly to the Court’s Chambers’ email at: MAA_Chambers@cacd.uscourts.gov.
DocumentEvidentiary Objections
Class settlement fee motions require Excel spreadsheet with detailed fee information emailed to chambers.
Parties submitting a motion for preliminary or final approval of a class settlement shall include a spreadsheet supporting any proposed award of attorneys’ fees. The spreadsheet shall include an estimate of any future attorneys’ fees for which compensation will be sought, the normal hourly rate of all counsel for whom entries appear on the spreadsheet, the support for such hourly rate(s), and an explanation of the basis of any service enhancement award for lead plaintiff(s), including the hours worked and activities performed by such lead plaintiff(s). An editable, electronic courtesy copy shall be prepared in Microsoft Excel and emailed to the Court’s Chambers’ email at MAA__Chambers@cacd.uscourts.gov, formatted for use with Microsoft Excel.
DocumentMotion For Class Settlement Approval
Evidentiary objections must include a proposed order as a separate document, uploaded via CM/ECF or emailed to chambers.
A proposed order shall be filed and attached to the evidentiary objections as a separate document consistent with Local Rule 52-4.1 and either uploaded through the CM/ECF System or emailed directly to the Court’s Chambers’ email at: MAA_Chambers@cacd.uscourts.gov. See Exhibit A. Counsel shall adhere to this format for any evidentiary objections that are submitted to the Court for consideration.
DocumentEvidentiary Objections
Non-Rule 37 fee motions require two tables summarizing attorney hours and rates.
Motions for attorneys’ fees—other than motions for attorneys’ fees brought pursuant to Federal Rule of Civil Procedure 37—shall attach two (2) summaries, in table form, of the hours worked by and billing rate of each attorney with title (i.e., partner, counsel, associate, etc.).
DocumentMotion For Attorneys Fees
Second table must organize attorney hours by attorney with task details and rates.
The second table shall include a summary of the hours worked by each attorney, organized by attorney. This table shall list all the tasks on which the attorney worked, the hours worked on each task, and the hourly rate of each attorney.
DocumentMotion For Attorneys Fees
First table must organize attorney hours by task with separate calculations for rate changes.
The first table shall include a summary of the hours worked by each attorney, organized by task (i.e., discovery, motion to dismiss, motion for summary judgment). If the hourly rate charged by any individual attorney changed while the action was ongoing, the party shall provide separate calculations for the total number of hours the attorney spent in connection with each task at each hourly rate.
DocumentMotion For Attorneys Fees
All fee motion information must be kept confidential by opposing counsel.
As to all attorneys’ fees motions, all information provided by moving counsel shall be treated as confidential by opposing counsel. The information shall be used solely for purposes of the fee litigation, and shall be disclosed to other persons, if at
DocumentMotion For Attorneys Fees
Rule 37 attorneys' fees motions must detail tasks and rates, establish reasonableness, and submit a declaration for any redacted privileged records.
Motions for attorneys' fees brought pursuant to Federal Rule of Civil Procedure 37 shall provide detail of the individual tasks performed for which reimbursement is sought and the hourly rate requested for same, and shall establish the reasonableness of both the number of hours and the hourly rate, including evidence of the prevailing rate. These records may be redacted to prevent disclosure of privileged matter. However, as to such redacted records, counsel shall submit a declaration describing the nature of the service with sufficient detail to allow opposing counsel to determine if the item is objectionable.
DocumentMotion
Rule 37 fee motions require detailed task descriptions and evidence of reasonableness.
Motions for attorneys’ fees brought pursuant to Federal Rule of Civil Procedure 37 shall provide detail of the individual tasks performed for which reimbursement is sought and the hourly rate requested for same, and shall establish the reasonableness of both the number of hours and the hourly rate, including evidence of the prevailing rate.
DocumentMotion For Attorneys Fees Rule 37
Redacted fee records require declaration describing services for opposing counsel review.
These records may be redacted to prevent disclosure of privileged matter. However, as to such redacted records, counsel shall submit a declaration describing the nature of the service with sufficient detail to allow opposing counsel to determine if the item is objectionable.
DocumentMotion For Attorneys Fees Rule 37
Non-Rule 37 attorneys' fees motions must attach two summary tables (by task and by attorney) and email an editable Excel courtesy copy to chambers.
Motions for attorneys' fees—other than motions for attorneys' fees brought pursuant to Federal Rule of Civil Procedure 37—shall be e-filed and set for hearing. All motions for attorneys' fees—except for requests for attorneys' fees pursuant to Federal Rule of Civil Procedure 37—shall attach two (2) summaries, in table form, of the hours worked by and billing rate of each attorney with title (i.e., partner, counsel, associate, etc.). The first table shall include a summary of the hours worked by each attorney, organized by task (i.e., discovery, motion to dismiss, motion for summary judgment). If the hourly rate charged by any individual attorney changed while the action was ongoing, the party shall provide separate calculations for the total number of hours the attorney spent in connection with each task at each hourly rate. The second table shall include a summary of the hours worked by each attorney, organized by attorney. This table shall list all the tasks on which the attorney worked, the hours worked on each task, and the hourly rate of each attorney. All tables shall be attached to the motion and electronically filed. The courtesy copy of the table shall be emailed to the Court's Chambers email address at MAA__Chambers@cacd.uscourts.gov, and shall be prepared in Microsoft Excel and have all restrictions removed so the spreadsheet can be edited.
DocumentMotion
Parties must complete ADR before final pretrial conference or trial.
As stated in Local Rule 16-15, the parties in every case must participate in a Settlement Conference or Alternative Dispute Resolution (“ADR”) procedure. The Court will not hold a final pretrial conference or convene any trial unless and until all parties, including the principals of all corporate parties, have completed ADR.
DocumentCase
In their Joint Rule 26(f) Report, counsel should indicate their preferred ADR procedure as among the following: Procedure No. 1: Before a Magistrate Judge in the Central District of California, to be selected based upon availability; Procedure No. 2: Before a neutral selected from the Central District of California's ADR Panel; or Procedure No. 3: Before a private mediator.
DocumentJoint Rule 26f Report
Certain forms and templates are available on Judge Audero’s webpage. If the Court has provided a template for any filing, the parties must follow it.
DocumentCase
Plaintiff must file amended complaint within specified time after dismissal with leave to amend; failure results in dismissal with prejudice.
If the Court grants a motion to dismiss with leave to amend, the plaintiff must file an amended complaint within the time period specified by the Court. Failure to timely file an amended complaint will result in dismissal of the action or the relevant claim(s) with prejudice.
DocumentAmended Complaint
Motion to amend must include effect, page/line changes, and redlined version emailed to Chambers and delivered to opposing counsel 2 hours before Local Rule 7-3 conference.
A motion to amend the pleadings must state: (a) the effect of the amendment; and (b) the page, line numbers, and wording of any proposed change or addition of material. A "redlined" version of the proposed amended pleading must be filed as an attachment to the motion and emailed to Chambers (in electronic form using Word), indicating all additions and deletions to the prior version of the pleading. This "redlined" version also must be delivered to opposing counsel at least two (2) hours in advance of the Local Rule 7-3 conference; and if the plaintiff later changes the delivered version, counsel will be required to meet again about the revised pleading.
DocumentMotion To Amend
Undisputed facts must be in 2-column table with facts in left column and evidence in right column.
The separate statement of undisputed facts shall be in a two (2)-column table, as shown below. The left column sets forth narrowly-focused, undisputed facts as concisely as possible in sequentially numbered paragraphs. The right column sets forth the evidence that supports the factual statement. Where feasible, parties should use headers to group facts relevant to a particular issue, as shown below:
DocumentSummary Judgment Motion
Only one Rule 56 motion allowed without leave of Court; parties cannot evade page limits by filing multiple motions.
Limit. No party may file more than one (1) motion pursuant to Rule 56 regardless of whether such motion is denominated a motion for summary judgment or summary adjudication, without leave of the Court. The parties shall not attempt to evade the page limitations for briefs by filing multiple motions.
DocumentMotion
Filing & Service rules
Courtesy Copy Requirements
Redlined version of amended pleading must be emailed to Chambers in Word format.
A “redlined” version of the proposed amended pleading must be filed as an attachment to the motion and emailed to Chambers (in electronic form using Word), indicating all additions and deletions to the prior version of the pleading.
Civil cases
Page 12 | Specific Motion Requirements
Excel spreadsheet courtesy copy required for class settlement fee motions.
An editable, electronic courtesy copy shall be prepared in Microsoft Excel and emailed to the Court’s Chambers’ email at MAA__Chambers@cacd.uscourts.gov, formatted for use with Microsoft Excel.
Civil cases
Page 17 | Motions for Preliminary and Final Approval of Class Action Settlement
Fee motion tables must be electronically filed and emailed to chambers in editable Excel format.
All tables shall be attached to the motion and electronically filed. The courtesy copy of the table shall be emailed to the Court’s Chambers email address at MAA__Chambers@cacd.uscourts.gov, and shall be prepared in Microsoft Excel and have all restrictions removed so the spreadsheet can be edited.
Civil cases
Page 18 | Motions for Attorneys’ Fees
Chambers copies are not required unless Court notifies otherwise.
Unless otherwise notified by the Court, no chambers copies are required.
Civil cases
Page 8 | Chambers Copies
Chambers copies are not required unless otherwise notified.
Unless otherwise notified by the Court, no chambers copies are required.
Civil cases
Page 8 | Filing Requirements
Sealing & Redaction Procedures
Meet and confer 7 days before filing under seal, non-proposing party confirms within 2 days
Counsel shall comply with Local Rule 79-5. All applications to file under seal must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding. Counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing. Not later than two (2) calendar days after the meet-and-confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing. Any application for under seal filing, whether or not opposed, shall contain the dates and method by which the parties met and conferred. If such information is not provided, the application will be denied without prejudice to an amended application being filed that complies with the foregoing terms.
Civil cases
Page 19 | Filings Under Seal
Unredacted documents filed under seal with "Unredacted" or "Sealed" in title, marked with highlighting/brackets
The unredacted version of any document(s) shall be filed under seal. It may be attached to the declaration that supports the application, if the declaration is sealed and is filed as its own docket entry. Otherwise, it shall be filed as its own docket entry. The title shall include “Unredacted” or “Sealed” as the first word of the title of the document. Any sealed document must mark the information that is confidential or privileged clearly via highlighting in color and/or using brackets.
Civil cases
Page 20 | Filings Under Seal
If granted, file unredacted version (marked) and redacted version (blacked out or page inserted)
The Court will review the submitted documents and make a determination as to whether the document(s) can be sealed and filed on the docket. If the application is granted, counsel shall file: (a) The unredacted version of the entire document as its own docket entry. The title shall include “Unredacted” or “Sealed” as the first word of the title of the document. Any information that has been redacted or omitted from the public filing must be clearly marked via highlighting in color and/or using brackets. (b) The redacted version of the entire document as its own docket entry. Unless otherwise stated in the order granting the application, a redacted version is required of all sealed documents. The title shall include “Redacted” as the first word of the title of the document. Any information that is confidential or privileged must be blacked out or a page shall be inserted with the title of the document that indicates that the entire document is sealed.
Civil cases
Page 20 | Filings Under Seal
Unredacted versions must be filed under seal with title prefix "Unredacted" or "Sealed"; confidential information must be marked via highlighting in color and/or brackets.
The unredacted version of any document(s) shall be filed under seal. It may be attached to the declaration that supports the application, if the declaration is sealed and is filed as its own docket entry. Otherwise, it shall be filed as its own docket entry. The title shall include “Unredacted” or “Sealed” as the first word of the title of the document. Any sealed document must mark the information that is confidential or privileged clearly via highlighting in color and/or using brackets.
Civil cases
Sealing applications require meet and confer 7 days prior to filing; non-proposing party must respond within 2 days after meet-and-confer.
Counsel shall comply with Local Rule 79-5. All applications to file under seal must provide the reason(s) why the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right of access to materials submitted in connection with a judicial proceeding. Counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing. Not later than two (2) calendar days after the meet-and-confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under seal filing. Any application for under seal filing, whether or not opposed, shall contain the dates and method by which the parties met and conferred.
Civil cases
If sealing granted, must file both unredacted (under seal) and redacted (public) versions with specific title prefixes and marking requirements.
If the application is granted, counsel shall file: (a) The unredacted version of the entire document as its own docket entry. The title shall include "Unredacted" or "Sealed" as the first word of the title of the document. Any information that has been redacted or omitted from the public filing must be clearly marked via highlighting in color and/or using brackets. (b) The redacted version of the entire document as its own docket entry. Unless otherwise stated in the order granting the application, a redacted version is required of all sealed documents. The title shall include "Redacted" as the first word of the title of the document. Any information that is confidential or privileged must be blacked out or a page shall be inserted with the title of the document that indicates that the entire document is sealed.
Civil cases
Under seal application filed on public docket with proposed order and declaration
The application for leave to file under seal shall be filed on the public docket and shall attach a proposed order pursuant to Local Rule 5-4.4.1 and Local Rule 5-4.4.2. Any declaration that supports the application also shall be attached to the application unless it contains confidential information. The declaration shall be filed under seal as its own docket entry if it contains confidential information.
Civil cases
Page 20 | Filings Under Seal
Pre-Motion Conference Requirements
Must seek consent before substituting defendant for Doe; if denied, file motion addressing diversity jurisdiction.
Before moving to substitute a defendant for a Doe defendant, plaintiff must seek the consent of counsel for all defendants, including counsel for a represented Doe defendant. If denied consent, plaintiff must file a regularly noticed motion and address whether the addition of the newly named party destroys diversity jurisdiction. See 28 U.S.C. § 1447(c), (e).
Civil cases
Page 6 | Status of Fictitiously Named Defendants
Discovery motions filed without compliance or leave will be stricken.
Any discovery motion filed without compliance with Judge Audero’s discovery dispute resolution procedures, or leave of the Court, will be stricken.
Civil cases
Page 7 | Discovery
Discovery motions require compliance with pre-motion telephonic discovery conference procedure.
No party may file a discovery motion until it has complied with Judge Audero’s mandatory procedure regarding a pre-motion telephonic discovery conference, as set forth in Judge Audero’s Requirements, Procedures ¶ 4.
Civil cases
Page 7 | Discovery
Discovery motions require compliance with mandatory pre-motion telephonic conference procedure before filing.
No party may file a discovery motion until it has complied with Judge Audero's mandatory procedure regarding a pre-motion telephonic discovery conference, as set forth in Judge Audero's Requirements, Procedures ¶ 4. Any discovery motion filed without compliance with Judge Audero's discovery dispute resolution procedures, or leave of the Court, will be stricken.
Civil cases
Page 7 | Informal Discovery Conference
Motion notice must include compliance statement for meet-and-confer requirement.
The moving party must include in the signed notice of motion a truthful representation of full compliance with Local Rule 7-3, stating that the parties “thoroughly discussed the substance and potential resolution of the filed motion [by phone/videoconference or in person].”
Civil cases
Page 9 | 7. GENERAL MOTION REQUIREMENTS
Pre-filing conference (meet and confer) required before filing motions to discuss motion substance and potential resolution.
Local Rules 7-3 and 37-1 require counsel to conduct a pre-filing conference to discuss thoroughly the substance of the contemplated motion and any potential resolution.
Civil cases
Page 9 | GENERAL MOTION REQUIREMENTS - 'Meet and Confer' Requirements
Pre-filing conference required to discuss motion substance and potential resolution.
Local Rules 7-3 and 37-1 require counsel to conduct a pre-filing conference to discuss thoroughly the substance of the contemplated motion and any potential resolution.
Civil cases
Page 9 | 7. GENERAL MOTION REQUIREMENTS
Meet and confer must be by phone, videoconference, or in person; email insufficient.
Parties must meet and confer either by phone, videoconference, or in person. Email correspondence is insufficient; and motions not supported by a statement that counsel met by phone, videoconference, or in person will be summarily denied.
Civil cases
Page 9 | 7. GENERAL MOTION REQUIREMENTS
Rule 56 motions require 12-week advance filing, opposition due 4 weeks later, reply due 2 weeks after opposition, with at least 2 weeks before hearing.
This Court requires an extended briefing schedule for motions under Rule 56, as follows: Any Rule 56 Motion must be filed at least twelve (12) weeks before the noticed hearing date. Any Opposition must be filed (4) weeks after the Motion is filed. Any Reply must be filed two (2) weeks after the Opposition is filed. The above briefing schedule is the default. The parties may stipulate to a modified schedule that is reasonable for all parties. Any briefing schedule must provide the Court at least two weeks between the reply deadline and the hearing date.
Civil cases
Page 13 | Specific Motion Requirements - Briefing Schedule
Cross-motions for summary judgment require counsel to meet and confer; if no agreement, file joint submission 45 days before motion deadline.
If parties wish to cross-move for summary judgment, their counsel shall meet and confer to determine which party will move and which will oppose the single motion for summary judgment. If the parties cannot reach agreement on this issue, they shall file a joint submission to the Court with their respective proposals. Counsel should file this joint submission no later than forty-five (45) days before the last day to file the motion for summary judgment, as the Court will not extend that date on the ground that this joint submission was not necessitated.
Civil cases
Page 13 | Specific Motion Requirements - Cross-Motions
Attorneys' fees motions require pre-filing meet and confer in person or by videoconference.
as to all attorneys’ fees motions, before filing such a motion, counsel must meet and confer in person or by videoconference pursuant to Local Rule 7-3 or 37-1 (as applicable) to attempt in good faith to agree on the reasonable amount of fees to be awarded (if the Court decides to award fees), keeping in mind that a contested request for attorneys’ fees “should not result in a second major litigation.”
Civil cases
Rule 56 briefing schedule: Motion 12 weeks before hearing, Opposition 4 weeks after Motion, Reply 2 weeks after Opposition.
Any Rule 56 Motion must be filed at least twelve (12) weeks before the noticed hearing date. Any Opposition must be filed (4) weeks after the Motion is filed. Any Reply must be filed two (2) weeks after the Opposition is filed. The above briefing schedule is the default. The parties may stipulate to a modified schedule that is reasonable for all parties. Any briefing schedule must provide the Court at least two weeks between the reply deadline and the hearing date.
Civil cases
Cross-motions on same issues prohibited; parties must agree on single motion or file joint submission 45 days before deadline.
The Court will not entertain cross-motions that seek to adjudicate the same legal issues. If parties wish to cross-move for summary judgment, their counsel shall meet and confer to determine which party will move and which will oppose the single motion for summary judgment. If the parties cannot reach agreement on this issue, they shall file a joint submission to the Court with their respective proposals. Counsel should file this joint submission no later than forty-five (45) days before the last day to file the motion for summary judgment, as the Court will not extend that date on the ground that this joint submission was not necessitated.
Civil cases
Summary judgment motions may be filed before motion cut-off date and must be heard before Final Pretrial Conference.
Parties need not wait until the motion cut-off date to bring motions for summary judgment or partial summary judgment. The hearing on any such motion shall be set for a date in advance of the Final Pretrial Conference.
Civil cases
Page 13 | Specific Motion Requirements - Briefing Schedule
Good faith meet-and-confer under Local Rule 7-3 can avoid many motions to dismiss or strike.
Most motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially motions for alleged defects in a complaint, answer, or counterclaim that could be corrected by amendment.
Civil cases
Adjournment & Extension Requirements
Form pleadings must be replaced with appropriate pleadings within 30 days of removal.
If an action is removed to this Court that contains a form pleading—i.e., a pleading in which boxes are checked—the party or parties utilizing the form pleading must file an appropriate pleading with this Court within thirty days of receipt of the Notice of Removal. The appropriate pleading referred to must comply with the requirements of Rules 7, 7.1, 8, 9, 10, and 11.
Civil cases
Page 5 | Cases Removed from State Court
Defendants not served within 90 days of filing are dismissed unless Court orders otherwise.
The plaintiff(s) shall promptly serve the complaint in accordance with Rule 4 and file the proof of service pursuant to Rule 4(l). Unless otherwise ordered by the Court, any defendant, including any “Doe” or fictitiously named defendant, not served within ninety (90) days after the case is filed shall be dismissed pursuant to Rule 4(m).
Civil cases
Page 5 | Service of the Complaint
Doe defendants not served within 60 days after Scheduling Conference are dismissed unless additional time is granted.
All Doe defendants remaining within sixty (60) days after the Scheduling Conference, or by another date set forth in the scheduling order, or set separately by the Court are dismissed by operation of this Order without further notice unless plaintiff requests and justifies the need for additional time in the joint report for the Scheduling Conference and this request is granted by the Court.
Civil cases
Page 6 | Status of Fictitiously Named Defendants
Fictitiously named defendants must be identified and served before Scheduling Conference.
Plaintiff must identify and serve any fictitiously named defendant(s) before the date of the Scheduling Conference held pursuant to Rule 16(b).
Civil cases
Page 6 | Status of Fictitiously Named Defendants
Civil motions heard Wednesdays at 10:00 a.m.; if holiday, select another Wednesday.
This Court hears civil motions on Wednesdays at 10:00 a.m. If Wednesday is a court holiday, select another Wednesday.
Civil cases
Page 10 | 7. GENERAL MOTION REQUIREMENTS
Stipulated briefing schedules must provide at least 2 weeks between reply and hearing.
The parties may stipulate to a different briefing schedule, so long as the schedule provides at least two (2) weeks between the filing of the reply and the hearing, and allows for a hearing within the motion cut-off.
Civil cases
Page 10 | 7. GENERAL MOTION REQUIREMENTS
Court must be notified within 7 days if parties resolve, withdraw, or don't oppose motion.
If the parties resolve the issue(s), or if a party withdraws or does not oppose a motion, the Court must be notified as soon as possible, but no later than seven (7) days before the hearing date.
Civil cases
Page 10 | 7. GENERAL MOTION REQUIREMENTS
Ex parte applications require 2 court day notice and 2 court day waiting period before ruling.
A party seeking ex parte relief, including a temporary restraining order, must comply with Local Rule 7-19. The applicant must notify the other party (or parties) that opposing papers are to be filed no later than two (2) court days following service. The Court generally will not rule on an ex parte application for at least two (2) court days after the party subject to the requested order has been served unless service is excused.
Civil cases
Page 21 | Ex Parte Applications
Continuances of pretrial and trial deadlines require a timely showing of good cause with a detailed four-part description of diligence including work completed, remaining work, impediments, and time justification.
The Court grants continuances of pretrial and trial deadlines only on a timely showing of good cause. The Court applies the same standard of good cause to all extension requests—whether opposed or jointly requested. Good cause requires a specific, detailed, and non-conclusory showing of diligence from the outset of the case, describing: (1) all relevant work previously done (including when each item was completed); (2) all relevant work that remains to be done; (3) why the remaining work could not previously have been done (including efforts made to complete each remaining item); and (4) why the amount of time requested is needed to complete the remaining work.
Civil cases
Page 22 | Continuances
Continuances require detailed showing of good cause with specific diligence requirements.
The Court grants continuances of pretrial and trial deadlines only on a timely showing of good cause. The Court applies the same standard of good cause to all extension requests—whether opposed or jointly requested. Good cause requires a specific, detailed, and non-conclusory showing of diligence from the outset of the case, describing: (1) all relevant work previously done (including when each item was completed); (2) all relevant work that remains to be done; (3) why the remaining work could not previously have been done (including efforts made to complete each remaining item); and (4) why the amount of time requested is needed to complete the remaining work.
Civil cases
Page 22 | Continuances
TRO oppositions must be filed within 48 hours; Court waits 48 hours before ruling.
oppositions to Applications for a TRO must be filed within forty-eight (48) hours following service of the Application. The Court will not rule on any Application for a TRO for at least forty-eight (48) hours after the party subject to the requested order has been served, unless notice is excused as per Rule 65(b), or unless the interests of justice so require.
Civil cases
Page 22 | Injunctions and Restraining Orders
Failure to comply with extension request procedures results in striking or denial; improper resubmission may result in sanctions.
Failure to comply with the procedural requirements above will result in the extension request being stricken or summarily denied. An improper resubmission of a denied extension request may result in sanctions.
Civil cases
Page 23 | Continuances
Motions filed on unavailable dates risk being stricken.
A party that waits until the last day to have a motion heard on a date that turns out to be unavailable risks having the motion stricken and not heard.
Civil cases
Page 10 | 7. GENERAL MOTION REQUIREMENTS
Strategic staging of discovery or settlement discussions do not constitute good cause for continuances.
Diligence generally will not be found when a party opts for strategic staging of discovery (or other tasks) that prevent completion within the existing deadline. Moreover, a desire to engage in settlement discussions generally does not constitute good cause.
Civil cases
Page 22 | Continuances
Denial of extension requests is with prejudice.
Denial of an extension request, including summary denial, is with prejudice. The parties should therefore present all
Civil cases
Page 22 | Continuances
Parties cannot resubmit denied extension requests using previously submitted or available information.
A party is not permitted to resubmit a denied extension request with information that was either previously submitted or previously available.
Civil cases
Page 23 | Continuances
Discovery should begin before Scheduling Conference unless Court orders otherwise.
Unless there is a likelihood that, upon motion by a party, the Court would order that any or all discovery is premature, counsel should begin to conduct discovery actively before the Scheduling Conference. Discovery is not stayed prior to the Scheduling Conference or after dates have been set unless otherwise ordered by the Court.
Civil cases
Page 6 | Discovery
Chambers Communication Rules
No ex parte contact with Court/Chambers unless opposing counsel present
With the exception of requesting informal discovery conferences, all parties, including pro se litigants, shall not initiate contact with the Court or its Chambers staff by writing letters, sending email messages, making telephone calls to Chambers, or otherwise communicating with the Court unless opposing counsel is present. All matters must be called to the Court’s attention by appropriate filed application or motion pursuant to Local Rule 83-2.5.
Civil cases
Page 3 | Self-Represented Parties/Pro Se Litigants
Counsel shall not initiate contact with the Court or its Chambers staff by telephone or by any other improper ex parte means. Counsel may contact the courtroom deputy clerk (“CRD”) with appropriate inquiries. Inquiring about the status of a ruling or contacting the CRD to continue a proceeding or take it off calendar generally are not appropriate. The preferred method of communication with the CRD is by email to MAA_Chambers@cacd.uscourts.gov. Counsel must copy all parties on any such email.
Counsel shall not initiate contact with the Court or its Chambers staff by telephone or by any other improper ex parte means. Counsel may contact the courtroom deputy clerk (“CRD”) with appropriate inquiries. Inquiring about the status of a ruling or contacting the CRD to continue a proceeding or take it off calendar generally are not appropriate. The preferred method of communication with the CRD is by email to MAA_Chambers@cacd.uscourts.gov. Counsel must copy all parties on any such email.
Civil cases
Page 4 | Communication with Chambers
Microsoft Word and PDF copies of proposed orders must be emailed to chambers; non-compliance results in striking.
The Court enforces strict compliance of Local Rule 5-4.4.2, which instructs: “After a document requiring a judge’s signature has been lodged in accordance with L.R. 5-4.4.1, . . . a Microsoft Word copy of the proposed document, along with a PDF copy of the electronically filed main document, must be emailed to the assigned judge’s generic chambers email address, either by using the ‘Proposed Orders’ link within the CM/ECF System or by sending a separate email . . . .” The Court will not consider a stipulation, ex parte application, or other request for relief until a compliant proposed order is received by email. Failure to timely comply will result in the Court striking the filing.
Civil cases
Page 8 | Proposed Orders
Parties (including pro se) may not initiate contact with Chambers by letter, email, or phone unless opposing counsel is present, except for informal discovery conference requests.
With the exception of requesting informal discovery conferences, all parties, including pro se litigants, shall not initiate contact with the Court or its Chambers staff by writing letters, sending email messages, making telephone calls to Chambers, or otherwise communicating with the Court unless opposing counsel is present.
Civil cases
Page 3 | Counsel - Self-Represented Parties/Pro Se Litigants
Counsel shall not initiate contact with the Court or its Chambers staff by telephone or by any other improper ex parte means. Counsel may contact the courtroom deputy clerk (“CRD”) with appropriate inquiries. Inquiring about the status of a ruling or contacting the CRD to continue a proceeding or take it off calendar generally are not appropriate. The preferred method of communication with the CRD is by email to MAA_Chambers@cacd.uscourts.gov. Counsel must copy all parties on any such email.
Counsel shall not initiate contact with the Court or its Chambers staff by telephone or by any other improper ex parte means. Counsel may contact the courtroom deputy clerk (“CRD”) with appropriate inquiries. Inquiring about the status of a ruling or contacting the CRD to continue a proceeding or take it off calendar generally are not appropriate. The preferred method of communication with the CRD is by email to MAA_Chambers@cacd.uscourts.gov. Counsel must copy all parties on any such email.
Civil cases
Page 4 | Communication with Chambers
Tentative rulings emailed 1 court day before hearing; hearing vacated if both parties submit on tentative ruling.
The Court rarely issues tentative rulings before hearings. If so, they are typically emailed to counsel one (1) court day before the hearing. If both parties notify the Courtroom Deputy Clerk that they submit on the tentative ruling, the hearing will be vacated.
Civil cases
Junior Lawyer Participation Incentives
Junior lawyers (5 years or fewer) encouraged to argue motions and examine witnesses
Lead counsel are encouraged to permit junior lawyers to fully participate in court proceedings, including to argue motions and to examine witnesses at trial. Please refer to Judge Audero’s Requirements, Procedures ¶ 1: Courtroom Opportunities for New Attorneys (Five Years or Fewer) for further information.
Civil cases
Page 3 | Presence of Lead Counsel
Lead counsel are encouraged to allow junior lawyers (5 years or fewer experience) to argue motions and examine witnesses.
Lead counsel are encouraged to permit junior lawyers to fully participate in court proceedings, including to argue motions and to examine witnesses at trial. Please refer to Judge Audero’s Requirements, Procedures ¶ 1: Courtroom Opportunities for New Attorneys (Five Years or Fewer) for further information.
Civil cases
Page 3 | Counsel - Presence of Lead Counsel