Central District of California Adjournment & Extension Requirements
436 rules from official source documents
Requirements for requesting adjournments, extensions, and continuances. This page is scoped to Central District of California; use the court rules overview to switch categories without leaving this court.
Requests to continue or extend dates must show essential good cause, compelling factual support, and due diligence.
Source text: Therefore, a stipulation to continue or extend the date of any matter before this Court must be supported by a sufficient factual basis that demonstrates good cause why the change in the date is essential. Without such compelling factual support and a showing of due diligence, stipulations continuing dates set by this Court will not be approved.
Continuance requests without compelling factual support and due diligence will not be approved
Source text: Without such compelling factual support and a showing of due diligence, stipulations continuing dates set by this Court will not be approved.
Continuance requests must demonstrate good cause with sufficient factual basis
Source text: Therefore, a stipulation to continue or extend the date of any matter before this Court must be supported by a sufficient factual basis that demonstrates good cause why the change in the date is essential.
Continuance requests require electronic filing of stipulation and proposed order with detailed declaration
Source text: Counsel requesting a continuance or extension of time must electronically file a stipulation and lodge a proposed order including a detailed declaration of the grounds for the requested continuance or extension of time.
Non-compliance with Local Rules and this Order results in rejection without notice
Source text: Failure to comply with the Local Rules and this Order will result in rejection of the request without further notice to the parties.
Opposition to ex parte applications must be filed within 48 hours (2 court days) after service.
Source text: Any opposition must be filed within 48 hours (2 court days) after service.
Opposition to TRO applications must be filed within 48 hours (2 court days) after service.
Source text: Oppositions to Applications for a TRO must be filed within 48 hours (2 court days) following service of the Application.
Court will not rule on TRO applications for at least 48 hours (2 court days) after service unless notice is excused or interests of justice require.
Source text: The Court will not rule on any Application for a TRO for at least 48 hours (2 court days) after the party subject to the requested order has been served, unless notice is excused as per Fed. R. Civ. P. 65(b), or unless the interests of justice so requires.
Motion to compel must be discussed with opposing counsel at least 6 weeks before discovery cut-off.
Source text: Given the requirements to meet and confer and to give notice, in most cases a planned motion to compel must be discussed with opposing counsel at least six weeks before the cut-off.
Continuance requests must be made at least 7 days before hearing.
Source text: Any request for a continuance shall be made no later than seven days prior to the date of the hearing.
Motions to compel must be filed before discovery cutoff.
Source text: Any motions to compel must be filed and heard before the discovery cutoff.
Continuance requests require detailed declaration showing good cause and due diligence
Source text: Any request for continuance of case management dates must be by motion, stipulation, or application, and must be supported by a declaration setting forth the reasons for the requested relief. The declaration must contain a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance and a description of the parties' efforts taken to advance the litigation. This showing should demonstrate that the work still to be performed reasonably could not have been accomplished within the applicable deadlines. General statements are insufficient to establish good cause. The declaration should also include whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court. Stipulations extending dates set by the Court are not effective unless approved by the Court, and without compelling factual support and a showing of due diligence, stipulations continuing dates set by the Court will be denied.
Defendants not served within 90 days are dismissed without notice unless extension granted.
Source text: The plaintiff(s) shall promptly serve the complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Fed. R. Civ. P. 4(l). Any defendant(s), including “DOE” or fictitiously-named defendant(s), not served within ninety (90) days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m) and by operation of this Order without further notice, unless plaintiff requests and justifies the need for additional time in the joint report and the Court grants an extension.
Magistrate Judge decisions final unless clearly erroneous; review motions must be noticed within 14 days.
Source text: The decision of the Magistrate Judge shall be final, subject to limited review requiring a showing that the decision is clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A). Any motion for review of a Magistrate Judge’s decision must be noticed within fourteen (14) days of service of a written ruling or within fourteen (14) days of an oral ruling.
Continuances require good cause and must be requested before the date to be continued.
Source text: Continuances are granted only on a showing of good cause. Requests for continuances must be made before the date to be continued and by motion or stipulation, along with a proposed order.
Continuance requests require detailed declaration with specific reasons and precise proposed deadlines.
Source text: Motions and stipulations must be accompanied by a detailed declaration setting forth the specific reasons for the requested continuance and the precise deadline(s) the parties propose.
Stipulations must specify precise original and new dates or will be denied.
Source text: A stipulation that fails to list the precise date(s) the parties wish to move, and the new date(s) they propose, will be denied for failure to comply with this Standing Order.
Declaration should state whether there have been previous continuance requests.
Source text: The declaration also should state whether there have been any previous requests for continuances; whether
Court will not rule on ex parte relief applications for at least 48 hours after service unless service is excused or interests of justice require.
Source text: The Court generally will not rule on any application for such relief for at least forty-eight (48) hours (or two (2) court days) after the party subject to the requested order has been served unless service is excused or unless the interests of justice so require.
Request for hearing on PLRA exhaustion dispute must be filed within 14 days of order denying summary judgment.
Source text: A party seeking to obtain a judicial determination of any material fact dispute precluding summary judgment on the exhaustion issue must file before this Court a request for a hearing within fourteen (14) days of the filing of the order denying summary judgment.
Continuance requests require good cause, must be made before the date to be continued, and must include detailed declaration with specific reasons and precise new deadlines.
Source text: Continuances are granted only on a showing of good cause. Requests for continuances must be made before the date to be continued and by motion or stipulation, along with a proposed order. Motions and stipulations must be accompanied by a detailed declaration setting forth the specific reasons for the requested continuance and the precise deadline(s) the parties propose. A stipulation that fails to list the precise date(s) the parties wish to move, and the new date(s) they propose, will be denied for failure to comply with this Standing Order. For example, if the stipulation improperly proposes that all deadlines be moved by “60 days” without specifying the proposed new dates that would result from that requested continuance, the Court will deny the request. The declaration also should state whether there have been any previous requests for continuances; whether these requests were granted or denied by the Court; what efforts were made to meet the existing deadline; and what, if any, prejudice would result if the request is denied. Stipulations extending dates set by this Court are not effective unless approved by the Court.
If unable to call a witness for 30+ minutes, party is deemed to have rested.
Source text: Should there be any instance where a party is unable to call a witness for more than thirty (30) minutes, the Court will deem that side to have rested.
Motions to add parties or amend pleadings must be noticed by cut-off date.
Source text: All motions to add parties or to amend the pleadings must be noticed to be heard on or before the cut-off date.
Discovery cut-off is completion deadline, not service deadline.
Source text: The Court has established a cut-off date for discovery and expert discovery if applicable. This is not the date by which discovery requests must be served; it is the date by which all discovery, including all hearings on any related motions, is to be completed.
Discovery adequacy motions must be filed in advance of cut-off.
Source text: Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted.
Depositions must start early enough to complete before cut-off.
Source text: All depositions must commence sufficiently in advance of the discovery cut-off date to permit their completion and to permit the deposing party enough time to bring any discovery motions concerning the deposition.
Date changes are disfavored, trial dates are firm, and the Court may advance trial by up to two weeks.
Source text: Changes in dates are disfavored. Trial dates set by the Court are firm and will rarely be changed, except that the Court may advance the trial date up to two weeks.
Any continuance or extension request must include a detailed explanation of its grounds.
Source text: Therefore, any request, whether by application or stipulation, to continue the date of any matter before this Court must be supported by a detailed explanation of the grounds for the requested continuance or extension of time.
Scheduling-date extensions by stipulation are ineffective until the Court orders them.
Source text: Proposed stipulations extending scheduling dates do not become effective unless and until this Court so orders.
Strict scheduling policy - trial dates are firm, continuances require detailed justification with compelling factual support.
Source text: This Court has a strong interest in adhering to scheduled dates. Changes in dates are disfavored. Trial dates set by the Court are firm and will rarely be changed, except that the Court may advance the trial date up to two weeks. Therefore, any request, whether by application or stipulation, to continue the date of any matter before this Court must be supported by a detailed explanation of the grounds for the requested continuance or extension of time. Without compelling factual support, requests to continue dates set by this Court will not be approved. Proposed stipulations extending scheduling dates do not become effective unless and until this Court so orders.
Notice of motion and moving papers must be filed and served 28 days before hearing (31 days if served by mail)
Source text: (1) Rule 6-1: Notice of motion and the moving papers must be filed and served twenty-eight (28) days before the noticed hearing date, unless the notice is served by mail, in which case service is required thirty-one (31) days prior to the noticed hearing date;
Opposing papers must be filed 21 days before the hearing date
Source text: (2) Rule 7-9: Opposing papers shall be filed twenty-one (21) calendar days before the hearing date; and
Reply papers must be filed 14 days before the hearing date
Source text: (3) Rule 7-10: Reply papers, if any, shall be filed fourteen (14) calendar days before the hearing date.
Moving party must notify opposition that opposing papers must be filed within 24 hours of ex parte service
Source text: Concurrently with service of the ex parte papers by electronic service, facsimile, or personal service, the moving party shall notify the opposition that opposing papers must be filed no later than twenty-four (24) hours following service.
Filing party must provide interested party with proposed seal application at least 2 business days before filing
Source text: If the party seeking to file documents under seal (the “filing party”) is not the party with an interest in the sealing/confidentiality of the documents, then the filing party shall provide the interested party with its proposed application to seal at least two (2) business days in advance of filing.
Court strongly disfavors date changes; continuances require detailed explanation with compelling factual support; stipulations are not effective until court orders.
Source text: This Court has a strong interest in adhering to scheduled dates. Changes in dates are disfavored. Trial dates set by the Court are firm and will rarely be changed, except that the Court may advance the trial date up to two weeks. Therefore, any request, whether by application or stipulation, to continue the date of any matter before this Court must be supported by a detailed explanation of the grounds for the requested continuance or extension of time. Without compelling factual support, requests to continue dates set by this Court will not be approved. Proposed stipulations extending scheduling dates do not become effective unless and until this Court so orders.
Motion timing requirements: 28 days (31 by mail) for notice/moving papers, 21 days for opposition, 14 days for reply, with automatic extensions for continuances.
Source text: Counsel should note the timing and service requirements of Local Rules 6 and 7 and its subparts including: (1) Rule 6-1: Notice of motion and the moving papers must be filed and served twenty-eight (28) days before the noticed hearing date, unless the notice is served by mail, in which case service is required thirty-one (31) days prior to the noticed hearing date; (2) Rule 7-9: Opposing papers shall be filed twenty-one (21) calendar days before the hearing date; and (3) Rule 7-10: Reply papers, if any, shall be filed fourteen (14) calendar days before the hearing date. (4) Rule 7-11: If the hearing date is continued, the deadlines for filing opposing and reply papers are automatically extended unless the Court orders otherwise.
Ex parte applications require compliance with Local Rules 7-19/7-19.1 and must notify opposition of 24-hour deadline for opposing papers.
Source text: Ex parte applications that fail to conform to Local Rule 7-19 and 7-19.1, including a statement of opposing counsel’s position, will not be considered except on a specific showing of good cause. Concurrently with service of the ex parte papers by electronic service, facsimile, or personal service, the moving party shall notify the opposition that opposing papers must be filed no later than twenty-four (24) hours following service.
Filing party must provide interested party with proposed sealing application at least 2 business days before filing.
Source text: If the party seeking to file documents under seal (the “filing party”) is not the party with an interest in the sealing/confidentiality of the documents, then the filing party shall provide the interested party with its proposed application to seal at least two (2) business days in advance of filing.
Motions to join parties or amend pleadings must be filed within 60 days and noticed for hearing within 90 days of this order.
Source text: All motions to join other parties (including Doe or Roe defendants) or to amend the pleadings shall be filed and served within sixty (60) days of the date of this Order and noticed for hearing within ninety (90) days of this Order.
Discovery must be completed by cut-off date; depositions must commence at least 5 working days prior; written discovery must be served at least 45 days prior.
Source text: The Court has established a cut-off date for discovery in this action. All discovery is to be completed on, or prior to, the cut-off date. Plan now to complete discovery on the schedule set; a continuance is unlikely. Accordingly, the following discovery schedule shall apply in this Court: (1) Depositions: All depositions shall be scheduled to commence at least five (5) working days prior to the discovery cut-off date. A deposition which commences five (5) days prior to the discovery cut-off date may continue beyond the cut-off date, as necessary. (2) Written Discovery: All interrogatories, requests for production of documents, and requests for admissions shall be served at least forty-five (45) days before the discovery cut-off date. The Court will not approve stipulations between counsel that permit responses to be served after the cut-off date except in unusual circumstances and upon a showing of good cause.
Motions must be filed/served 28 days before hearing (31 days if by mail).
Source text: Rule 6-1: Notice of motion and the moving papers must be filed and served twenty-eight (28) days before the noticed hearing date, unless the notice is served by mail, in which case service is required thirty-one (31) days prior to the noticed hearing date;
Summary judgment motions must be filed several weeks before motion cut-off date.
Source text: The motion cut-off date is the day that the Court will hear motions for summary judgment. Thus, motions must be filed several weeks in advance of this date as required by Local Rule 6.
Motions in limine must be filed 11 days before FPTC; oppositions due 7 days before FPTC.
Source text: All motions in limine must be filed eleven (11) days prior to the FPTC. Oppositions to motions in limine must be filed no later than seven (7) days prior to the FPTC.
Continuance rules exist.
Source text: H. Continuances............................................................................................... 17
Continuance or extension requests must be filed electronically.
Source text: Counsel requesting a continuance or extension of time must file electronically a request or, if the parties are in agreement, a stipulation which
Counsel must notify chambers via email at least 3 business days before a scheduled appearance if there's a calendar conflict with a more senior judge, and must propose a new date by stipulation.
Source text: If any counsel discovers a calendar conflict with a scheduled appearance in a court of a more senior district judge, counsel must inform opposing counsel and the Courtroom Deputy Clerk via chambers email address at twyla_freeman@cacd.uscourts.gov as soon as possible and not later than three (3) business days before the scheduled appearance. Counsel should attempt to agree on a new date to accommodate the calendar conflict. Counsel must propose a new date by Stipulation and [Proposed] Order.
Continuance/extension requests require good cause, proposed order in Word format emailed to chambers, and should be filed at least 5 business days before deadline; expired deadlines are presumptively lacking due diligence.
Source text: Counsel requesting a continuance or extension of time must file electronically a request or, if the parties are in agreement, a stipulation which sets forth the factual basis for the request for an extension of time. A proposed order in Word format must be emailed directly to the court's chambers email address at fla_chambers@cacd.uscourts.gov on the day the document is e-filed. The proposed order must include the entire relief the parties seek. Failure to comply with the Local Rules and this Order will result in rejection of the request without further notice to the parties. Requests extending scheduling dates do not become effective unless and until this court so orders. Counsel shall avoid submitting requests for continuance or extension of time less than five (5) business days prior to the expiration of the scheduled date. A request to continue or extend dates or deadlines that have already expired constitutes a presumptive lack of due diligence.
Opposition to ex parte applications must be filed within 24 hours of service.
Source text: Following service of the ex parte application by electronic, facsimile, or personal service, the moving party shall notify the opposing party that any opposition must be filed no later than twenty-four (24) hours following service.
Continuance requests must include a proposed order emailed to chambers on filing day.
Source text: Counsel requesting a continuance or extension of time must file electronically a request or, if the parties are in agreement, a stipulation which extension of time. A proposed order in Word format must be emailed directly to the court’s chambers email address at fla_chambers@cacd.uscourts.gov on the day the document is e-filed. The proposed order must include the entire relief the parties seek.
Continuance requests must be filed at least 5 business days before deadline; expired deadlines show lack of due diligence.
Source text: Counsel shall avoid submitting requests for continuance or extension of time less than five (5) business days prior to the expiration of the scheduled date. A request to continue or extend dates or deadlines that have already expired constitutes a presumptive lack of due diligence.
Motion to compel must be discussed with opposing party at least 6 weeks before discovery cut-off.
Source text: Given the requirements to meet and confer and to give notice, a planned motion to compel must ordinarily be discussed with the opposing party at least six (6) weeks before the cut-off.
Continuance requests must be by motion/stipulation/application with detailed declaration including prior request history.
Source text: Requests for continuances of pretrial and trial dates must be by motion, stipulation, or application, and be accompanied by a detailed declaration setting forth the reasons for the requested relief. The declaration should include whether any previous requests for continuances have been made and whether these requests were granted or denied by the court. Stipulations extending dates set by the court are not effective unless approved by the court.
Continuance requests require detailed factual showing of good cause and due diligence, with specific description of efforts since complaint filing.
Source text: supported by a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance and a description of the parties' efforts, dating back to the filing of the complaint, of the steps they have taken to advance the litigation. This detailed showing must demonstrate that the work still to be performed reasonably could not have been accomplished within the applicable deadlines. General statements are insufficient to establish good cause. Without such compelling factual support and showing of due diligence, requests to continue dates set by the court may be denied.
Continuances require showing of good cause.
Source text: Continuances are granted only on a showing of good cause. See Fed. R. Civ. P. 16(b)(4).
Continuance requests require proposed stipulation with detailed declaration showing good cause.
Source text: Counsel requesting a continuance must lodge - - prior to the date to be continued - - a Proposed Stipulation and Order including a detailed declaration of the grounds for the requested continuance or extension of time. The Court grants continuances only upon a showing of good cause, focusing on the diligence of the party seeking the continuance and any prejudice that may result if the continuance is denied. Failure to comply with the Local Rules and this Order may result in denial of the request for continuance.
Defendants not served within 90 days are dismissed under Rule 4(m).
Source text: Any defendant, including any “Doe” or fictitiously named defendant, not served within 90 days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m).
Additional/alternative dates require stipulation with good cause.
Source text: If the parties wish to set additional or alternative dates, they must file a stipulation and proposed order setting forth the dates requested and demonstrating good cause.
Discovery cut-off is completion deadline, not service deadline.
Source text: The cut-off date for fact and expert discovery is the final date by which discovery must be completed; it is not the date by which the discovery requests themselves must be served.
Special court reporter services require 14-day advance notice.
Source text: Any party requesting special court reporter services for any hearing, such as “Real Time” transmission or daily transcripts, shall notify the court reporter at least fourteen (14) days before the hearing date.
Continuance requests for pretrial/trial dates require detailed declaration showing good cause, due diligence, and prior request history.
Source text: The Court has a strong interest in keeping scheduled dates certain. Accordingly, pretrial and trial dates set by the Court are firm. Any request for continuance of pretrial and/or trial dates must be by motion, stipulation, or application, and must be supported by a declaration setting forth the reasons for the requested relief. The declaration must contain a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance and a description of the parties’ efforts taken to advance the litigation. This showing should demonstrate that the work still to be performed reasonably could not have been accomplished within the applicable deadlines. General statements are insufficient to establish good cause. The declaration should also include whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court. Stipulations extending dates set by the Court are not effective unless approved by the Court, and without compelling factual support and a showing of due diligence, stipulations continuing dates set by the Court will be denied.
Filing Party must give 3-day notice to Designating Party before filing under seal application.
Source text: Where the Filing Party differs from the Designating Party, the Filing Party must give notice to the Designating Party of the intent to seek leave to file a document under seal three days before filing the Application to do so.
Filing Party must take action within 3 days of Court's ruling.
Source text: After issuance of the Court’s ruling, in most cases, the Filing Party MUST TAKE ACTION to make an appropriate filing, and must do so WITHIN THREE DAYS.
24-hour waiting period after service for emergency relief; opposing papers allowed.
Source text: Parties seeking emergency or provisional relief shall comply with Federal Rule of Civil Procedure 65 and Local Rule 65. The Court will not rule on any application for such relief for at least twenty-four (24) hours after the party subject to the requested order has been served, unless service is excused. Such party may file opposing or responding papers in the interim.
Failure to serve within Federal Rules time limits results in dismissal for lack of prosecution.
Source text: It is important to promptly and properly serve the opposing party, especially with the summons and complaint when initiating an action, because failure to serve within the time limits specified by the Federal Rules will result in the dismissal of your action for lack of prosecution.
Failure to oppose a properly supported motion may result in the Court granting that motion.
Source text: Failure to oppose an otherwise properly supported motion may result in the Court granting that motion. See Local Rule 7-12.
Failure to properly oppose certain motions may result in case dismissal.
Source text: Depending on the motion, this may result in the dismissal of your case.
Opposition to motion must be filed 21 days before hearing date.
Source text: Pursuant to Local Rule 7-9, your opposition is due not later than twenty-one (21) days before the date designated for hearing of the motion.
Extension requests must be filed ex parte before opposition due date.
Source text: If you need additional time to oppose the motion, you must file and serve an ex parte application requesting an extension of time prior to the date on which your opposition is due.
Extension requests must show good cause and not be self-created crisis.
Source text: You must demonstrate that the additional time you seek is warranted and that the requested extension is not a crisis of your creation, thus precluding you from seeking ex parte relief.
Stipulations extending scheduling dates require court approval; continuances require good cause.
Source text: Stipulations extending scheduling dates set by this Court are not effective unless approved by the Court. Continuances will be granted only upon a showing of good cause.
Telephonic appearances require good cause and must be requested with proposed order one week before scheduling conference.
Source text: Telephonic appearances will only be allowed upon good cause. To request a telephonic appearance counsel must file a request with a proposed order one week before the scheduling conference.
Stipulations extending scheduling dates require Court approval; continuances granted only on good cause.
Source text: Stipulations extending scheduling dates set by this Court are not effective unless approved by the Court. Continuances will be granted only upon a showing of good cause.
Motions must be filed at least 28 days before the cut-off deadline.
Source text: The cut-off date for hearing motions is the last day on which motions will be heard, i.e., the motion must be filed at least 28 days before the deadline in accordance with the requirements of Local Civil Rule 6-1.
Motions in limine must be noticed by Final Pretrial Conference date.
Source text: All motions in limine and other trial-related motions must be properly noticed for hearing no later than the date of the Final Pretrial Conference.
Withdrawal of motion required at least 7 days before hearing.
Source text: Any moving party who intends to withdraw the motion before the hearing date shall file and serve a withdrawal of the motion, not later than seven (7) days preceding the hearing.
Withdrawal of opposition required at least 7 days before hearing.
Source text: Any opposing party who no longer intends to oppose the motion, shall file and serve a withdrawal of the opposition, not later than seven (7) days preceding the hearing.
Discovery must be initiated at least 45 days before cut-off date; no late responses except for good cause.
Source text: Counsel shall initiate all discovery other than depositions at least 45 days before the cut-off date. The Court will not approve stipulations between counsel which permit responses to be served after the cut-off date except in unusual circumstances and for good cause shown.
Depositions must be completed by cut-off deadline; originals lodged with clerk on first day of trial.
Source text: All depositions must be completed by the discovery cut-off deadline. Counsel shall lodge all original depositions that will be used in trial with the Courtroom Deputy Clerk on the first day of trial.
Expert disclosures required 70 days before discovery cut-off date.
Source text: If not separately set forth above, the required expert disclosures shall be made 70 days before the discovery cut-off date.
Telephonic appearances require good cause and must be requested with proposed order one week before scheduling conference.
Source text: Telephonic appearances will only be allowed upon good cause. To request a telephonic appearance counsel must file a request with a proposed order one week before the scheduling conference.
Continuance requests must be e-filed with proposed order at least 7 days before scheduled date.
Source text: Counsel requesting a continuance must e-file any application or stipulation with a proposed order, which shall include a detailed explanation of the grounds for the requested continuance or other extension of time. The Court will not consider any request that does not comply with the Local Rules and this Order. Applications or stipulations extending dates become effective only if, and when, approved by this Court and an associated order is entered. Counsel shall submit requests for a continuance at least seven (7) calendar days prior to the scheduled date.
Continuance requests must be made at least 7 days before the hearing date.
Source text: Any request for a continuance shall be made no later than seven (7) days prior to the date of the hearing.
48-hour advance notice required for voluminous exhibits; security pass needed for loading dock access.
Source text: Arrangements for bringing voluminous trial materials or exhibits into the Courtroom through the Building Vehicle Loading Dock, if required, may be made through the Space & Facilities Help Desk at 213-894-1400. Before contacting Space & Facilities for a required security pass, prior approval of delivery time must be coordinated with the Courtroom Deputy Clerk. Once approval from the Clerk is received, logistical delivery information must be provided to Space & Facilities no later than 48 hours prior to the date of arrival to create and issue the required security pass. Counsel and messengers attempting to access the building parking and loading dock without a required pass will be denied entry.
Continuance requests must be e-filed with proposed order and detailed explanation at least 7 calendar days before the scheduled date, and only become effective upon court approval.
Source text: Counsel requesting a continuance must e-file any application or stipulation with a proposed order, which shall include a detailed explanation of the grounds for the requested continuance or other extension of time. The Court will not consider any request that does not comply with the Local Rules and this Order. Applications or stipulations extending dates become effective only if, and when, approved by this Court and an associated order is entered. Counsel shall submit requests for a continuance at least seven (7) calendar days prior to the scheduled date.
Continuance requests must be made at least 7 days before the hearing date.
Source text: Any request for a continuance shall be made no later than seven (7) days prior to the date of the hearing.
Opposition to ex parte applications must be filed within 24 hours.
Source text: Any opposition to an ex parte application must be filed within 24 hours. Failure to submit a timely opposition constitutes consent to the granting of the application. See Local Rule 7-12.
Extension requests must include existing dates, good cause reasons, and prior request history.
Source text: Applications to extend the time to file any required document or to continue any hearing, Pretrial Conference, or Trial date must set forth the following: (i) The existing due date or hearing date, as well as the discovery cut-off date, the Pretrial Conference date, and the Trial date; (ii) Specific, concrete reasons supporting good cause for granting the extension; and (iii) Whether there have been prior requests for extensions, and whether these requests were granted or denied by the Court.
Summary judgment motions require 35 days' notice.
Source text: The Court requires that the party moving for summary judgment will provide no less than thirty-five (35) days’ notice for such motions.
Last date to hear motions is 10 weeks and 1 day before trial.
Source text: Last Date for Hearing Motions* 10 weeks and 1 day before trial
Motions to amend pleadings or add parties must be heard 12 weeks after notice of scheduling date.
Source text: Last Date to Hear Motions to Amend Pleadings or Add Parties 12 weeks after Notice of Sch. Date
Extension requests must include existing dates, specific good cause reasons, and history of prior requests.
Source text: Applications to extend the time to file any required document or to continue any hearing, Pretrial Conference, or Trial date must set forth the following: (i) The existing due date or hearing date, as well as the discovery cut-off date, the Pretrial Conference date, and the Trial date; (ii) Specific, concrete reasons supporting good cause for granting the extension; and (iii) Whether there have been prior requests for extensions, and whether these requests were granted or denied by the Court.
Opposition to motion must be filed 21 days before hearing date.
Source text: Pursuant to Local Rule 7-9, your opposition is due not later than twenty-one (21) days before the date designated for the hearing of the motion.
Continuance requests must be e-filed with proposed order and detailed explanation at least 7 days before scheduled date.
Source text: Counsel requesting a continuance must e-file any application or stipulation with a proposed order, which shall include a detailed explanation of the grounds for the requested continuance or other extension of time. The Court will not consider any request that does not comply with the Local Rules and this Order. Applications or stipulations extending dates become effective only if, and when, approved by this Court and an associated order is entered. Counsel shall submit requests for a continuance at least seven (7) calendar days prior to the scheduled date.
Continuance requests must be made at least 7 days before the hearing.
Source text: Any request for a continuance shall be made no later than seven (7) days prior to the date of the hearing.
48-hour advance notice required for voluminous exhibit deliveries; security pass required.
Source text: Arrangements for bringing voluminous trial materials or exhibits into the Courtroom through the Building Vehicle Loading Dock, if required, may be made through the Space & Facilities Help Desk at 213-894-1400. Before contacting Space & Facilities for a required security pass, prior approval of delivery time must be coordinated with the Courtroom Deputy Clerk. Once approval from the Clerk is received, logistical delivery information must be provided to Space & Facilities no later than 48 hours prior to the date of arrival to create and issue the required security pass. Counsel and messengers attempting to access the building parking and loading dock without a required pass will be denied entry.
Settlement conference or mediation must be completed within 30 days of final ruling on all motions.
Source text: Last day to conduct settlement conference or mediation (within 30 days of the Court’s final ruling on all motions)
Notice of Settlement or Joint Report must be filed 1 week after completing settlement.
Source text: Notice of Settlement / Joint Report re Settlement (1 week after last day to complete settlement)
All pretrial documents and motions in limine must be filed 2 weeks after completing settlement.
Source text: Last day to file all pretrial documents and motions in limine (2 weeks after last day to complete settlement)
Responses to motions in limine must be filed 3 weeks after completing settlement.
Source text: Last day to file response to motions in limine (3 weeks after last day to complete settlement)
Final Pretrial Conference and related hearings scheduled 4 weeks after settlement completion on Monday at 1:30 pm.
Source text: Final Pretrial Conference, Status Conference re Disputed Exhibits, and Hearing on Motions in Limine (4 weeks after last day to complete settlement: Monday at 1:30 pm)
Jury trial scheduled 6 weeks after settlement completion on Tuesday at 9:00 a.m.
Source text: Jury Trial (6 weeks after last day to complete settlement: Tuesday at 9:00 a.m.)
All pretrial documents and direct testimony declarations must be filed 2 weeks after completing settlement.
Source text: Last day to file all pretrial documents and direct testimony declarations (2 weeks after last day to complete settlement)
Objections to direct testimony declarations must be filed 3 weeks after completing settlement.
Source text: Last day to file objections to direct testimony declarations (3 weeks after last day to complete settlement)
Ruling on direct testimony declarations anticipated 4 weeks after completing settlement.
Source text: Anticipated ruling on direct testimony declarations (4 weeks after last day to complete settlement)
Final Pretrial Conference and related hearings scheduled 4 weeks after settlement completion on Monday at 1:30 pm.
Source text: Final Pretrial Conference and Status Conference re Disputed Exhibits (4 weeks after last day to complete settlement: Monday at 1:30 pm)
Court trial scheduled 6 weeks after settlement completion on Tuesday at 9:00 a.m.
Source text: Court Trial (6 weeks after last day to complete settlement: Tuesday at 9:00 a.m.)
The Court will not rule on TRO/injunction applications for at least 24 hours after service unless service is excused.
Source text: The Court will not rule on any application for such relief for at least 24 hours after the party subject to the requested order has been served, unless service is excused.
Dispositive motions must be filed within 28 days after close of discovery.
Source text: All dispositive motions shall be filed no later than 28 days after the close of discovery.
Continuance requests for Scheduling Conference require written request with proposed order, e-filed at least 1 week in advance.
Source text: Continuance: A continuance of the Scheduling Conference will be granted only for good cause, following a written request with a proposed order to be e-filed at least one (1) week in advance of the Scheduling Conference.
Settlement conference or mediation must be completed within 30 days of final ruling on all motions.
Source text: Last day to conduct settlement conference or mediation (within 30 days of the Court’s final ruling on all motions)
Notice of Settlement or Joint Report must be filed 1 week after completing settlement.
Source text: Notice of Settlement / Joint Report re Settlement (1 week after last day to complete settlement)
All pretrial documents and motions in limine must be filed 2 weeks after completing settlement.
Source text: Last day to file all pretrial documents and motions in limine (2 weeks after last day to complete settlement)
Responses to motions in limine must be filed 3 weeks after completing settlement.
Source text: Last day to file response to motions in limine (3 weeks after last day to complete settlement)
Final Pretrial Conference and related hearings scheduled 4 weeks after settlement completion on Monday at 1:30 pm.
Source text: Final Pretrial Conference, Status Conference re Disputed Exhibits, and Hearing on Motions in Limine (4 weeks after last day to complete settlement: Monday at 1:30 pm)
Jury trial scheduled 6 weeks after settlement completion on Tuesday at 9:00 a.m.
Source text: Jury Trial (6 weeks after last day to complete settlement: Tuesday at 9:00 a.m.)
All pretrial documents and direct testimony declarations must be filed 2 weeks after completing settlement.
Source text: Last day to file all pretrial documents and direct testimony declarations (2 weeks after last day to complete settlement)
Objections to direct testimony declarations must be filed 3 weeks after completing settlement.
Source text: Last day to file objections to direct testimony declarations (3 weeks after last day to complete settlement)
Ruling on direct testimony declarations anticipated 4 weeks after completing settlement.
Source text: Anticipated ruling on direct testimony declarations (4 weeks after last day to complete settlement)
Final Pretrial Conference and related hearings scheduled 4 weeks after settlement completion on Monday at 1:30 pm.
Source text: Final Pretrial Conference and Status Conference re Disputed Exhibits (4 weeks after last day to complete settlement: Monday at 1:30 pm)
Court trial scheduled 6 weeks after settlement completion on Tuesday at 9:00 a.m.
Source text: Court Trial (6 weeks after last day to complete settlement: Tuesday at 9:00 a.m.)
Discovery motions must be heard by the discovery cut-off date.
Source text: Any motion with respect to the inadequacy of responses to discovery must be heard by the discovery cut-off date.
Provide delivery information to Space & Facilities within 48 hours of arrival date.
Source text: Once approval from the Clerk is received, logistical delivery information must be provided to Space & Facilities no later than 48 hours of the date of arrival to create and issue the required security pass.
Withdrawal of motions or oppositions must be filed 7 days before hearing.
Source text: hearing date shall file and serve a withdrawal of the motion, not later than seven (7) days preceding the hearing. Any opposing party who no longer intends to oppose the motion, shall file and serve a withdrawal of the opposition, not later than seven (7) days preceding the hearing.
Non-deposition discovery must be initiated 45 days before cut-off.
Source text: Counsel shall initiate all discovery other than depositions at least 45 days before the cut-off date.
All depositions must be completed by discovery cut-off deadline.
Source text: All depositions must be completed by the discovery cut-off deadline.
Expert disclosures must be made 70 days before discovery cut-off.
Source text: If not separately set forth above, the required expert disclosures shall be made 70 days before the discovery cut-off date.
Opposition to motion must be filed 21 days before hearing date.
Source text: To oppose a motion, you must present the Court with a statement explaining the basis of your opposition and the legal authority supporting your contentions. You must also file any evidence upon which you intend to base your opposition to a motion for summary judgment. Pursuant to L.R. 7-9, your opposition is due, at the latest, twenty-one (21) days before the date designated for the hearing of the motion.
24-hour waiting period after service for emergency relief applications.
Source text: Parties seeking emergency or provisional relief shall comply with Federal Rule of Civil Procedure 65 and Local Rule 65. The Court will not rule on any application for such relief for at least twenty-four (24) hours after the party subject to the requested order has been served, unless service is excused. Such party may file opposing or responding papers in the interim.
Plaintiff must serve complaint within 90 days or face dismissal under Rule 4(m).
Source text: The Plaintiff shall promptly serve the Complaint in accordance with Federal Rule of Civil Procedure 4 and shall comply with Local Rule 5-3 with respect to all proofs of service. Any defendant, including any “Doe” or fictitiously named defendant, not served within 90 days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m).
Class certification motion timing: 3 weeks reply-hearing, 4 weeks opposition, 2 weeks reply.
Source text: For a putative class action, the Court will set a deadline for hearing the class certification motion. The motion must be filed sufficiently far in advance of the deadline to allow for: (i) at least three (3) weeks between the filing of the reply and the hearing; (ii) four (4) weeks for the opposition; and (iii) two (2) weeks for the reply.
Continuance requests must include proposed stipulation and detailed declaration.
Source text: Counsel requesting a continuance or extension of time must lodge a proposed stipulation and order including a detailed declaration of the grounds for the request.
Meet and confer with opposing counsel required before filing continuance request.
Source text: Counsel are required to first meet and confer with opposing counsel regarding the substance of the continuance and include a statement of compliance with Local Rule 7-3.
Class certification motion due within 120 days of original scheduling conference.
Source text: The motion must be filed not later than one hundred and twenty (120) days from the date originally set for the scheduling conference, unless the Court orders otherwise.
Non-discovery motions must be filed 28 days before cut-off; summary judgment motions 6 weeks before cut-off.
Source text: All non-discovery motions must be noticed to be heard on or before the motion cut-off date listed in the above schedule (i.e., all non-discovery motions, except for motions for summary judgment, must be filed at least twenty-eight (28) days before the deadline in accordance with the requirements of L.R. 6-1). Motions for summary judgment must be filed at least six (6) weeks before the motion cut-off date in order to be heard by that date.
Continuance requests require motion/stipulation with detailed declaration showing good cause, due diligence, and prior request history.
Source text: The Court has a strong interest in keeping scheduled dates certain. Accordingly, pretrial and trial dates set by the Court are firm. Any request for continuance of pretrial and/or trial dates must be by motion, stipulation, or application, and must be supported by a declaration setting forth the reasons for the requested relief. The declaration must contain a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance and a description of the parties’ efforts taken to advance the litigation. This showing should demonstrate that the work still to be performed reasonably could not have been accomplished within the applicable deadlines. General statements are insufficient to establish good cause. The declaration should also include whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court. Stipulations extending dates set by the Court are not effective unless approved by the Court, and without compelling factual support and a showing of due diligence, stipulations continuing dates set by the Court will be denied.
Continuance requests require detailed declaration showing good cause and due diligence.
Source text: Any request for continuance of pretrial and/or trial dates must be by motion, stipulation, or application, and must be supported by a declaration setting forth the reasons for the requested relief. The declaration must contain a highly detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance and a description of the parties' efforts to advance the litigation dating back to the filing of the complaint. This detailed showing must demonstrate that the work still to be performed reasonably could not have been accomplished within the applicable deadlines. General statements are insufficient to establish good cause. The declaration should also include whether any previous requests for continuance have been made and whether these requests were granted or denied by the Court.
Oppositions to ex parte applications must be filed within 24 hours.
Source text: Oppositions to ex parte applications must be filed within 24 hours of the filing of the application. If an opposing party does not intend to oppose the ex parte application, counsel must inform the Courtroom Deputy by email as soon as possible.
Motions in limine must be filed 28 days before Final Pretrial Conference; oppositions 14 days before.
Source text: Motions in limine will generally be heard and ruled upon at the Final Pretrial Conference. The Court may rule orally instead of in writing. All motions in limine must be filed at least twenty-eight (28) days before the Final Pretrial Conference. Oppositions must be filed at least fourteen (14) days before the Final Pretrial Conference. There shall be no replies, unless ordered by the Court.
Sentencing hearings cannot be continued without detailed good cause.
Source text: Once set, the sentencing hearing shall not be continued absent a detailed, substantial showing of good cause.
Parties must exchange claim terms for construction within 14 days of Sections II.D and II.E disclosures.
Source text: No later than 14 days after service of the Sections II.D and II.E disclosures, each party shall serve on each other party a list of claim terms the party contends should be construed by the Court and identify any claim term the party contends should be governed by 35 U.S.C. § 112(f).
Continuance requests without declaration will be rejected without notice.
Source text: Any continuances that are requested without an accompanying declaration will be rejected without further notice to the parties.
Parties must exchange proposed claim constructions within 14 days after Section III.A lists exchange.
Source text: No later than 14 days after the exchange of the Section III.A lists, the parties shall simultaneously exchange proposed constructions of each term identified by either party for claim construction.
Claim construction discovery must be completed within 28 days after Section III.B material service.
Source text: No later than 28 days after service of the material required by Section III.B, the parties shall complete all discovery desired for claim construction, including any depositions of fact and expert witnesses regarding claim construction.
Joint Claim Construction and Prehearing Statement must be filed within 7 days after completing claim construction discovery.
Source text: No later than seven days after the completion of claim construction discovery, the parties shall complete and file a Joint Claim Construction and Prehearing Statement.
Dispositive motions must be noticed for hearing by the motion hearing cut-off, typically 56 days after discovery closes.
Source text: All dispositive motions shall be noticed for hearing on or before the motion hearing cut-off, which will typically be approximately 56 days (8 weeks) after the close of discovery.
Motion for review of magistrate judge's ruling must be filed within 14 days.
Source text: Any party may file and serve a motion for review and reconsideration before this Court. See L.R. 72-2. The moving party must file and serve the motion within fourteen (14) days of service of a written ruling or an oral ruling that the magistrate judge states will not be followed by a written ruling.
Must notify court within 7 days before hearing if withdrawing opposition.
Source text: If the parties are able to resolve the issue, or if a party intends to withdraw or declines to oppose a motion, the Court must be notified as soon as possible, but no later than seven days before the hearing date. Failure to oppose a motion will likely result in the motion being granted immediately after the opposition would have been due. See L.R. 7-12.
Continuance requests must be submitted 5 court days before deadline.
Source text: Counsel must submit any request for a continuance or extension of time no later than five (5) court days prior to the expiration of the scheduled date.
Requests to continue past dates will be denied.
Source text: Requests to continue dates that have passed will be denied.
Stipulations extending scheduling dates require court approval.
Source text: Stipulations extending scheduling dates set by this Court are not effective unless approved by the Court.
Court dates are firm and require good cause to change.
Source text: The Court sets firm dates and will not change them without a showing of good cause.
Good cause requires unforeseeable circumstances and diligence in discovery.
Source text: Such a showing generally requires unforeseeable circumstances and a showing of diligence by the parties in pursuing discovery.
Court will not rule on TRO/injunction for at least 24 hours after service unless excused.
Source text: The Court will not rule on any application for such relief for at least twenty-four hours after the party subject to the requested order has been served, unless service is excused.
Motions for default judgment must be filed within 14 days of default entry or claim resolution.
Source text: Unless otherwise ordered, motions for default judgment shall be filed no later than 14 days after the later of (1) entry of default against the last remaining defendant, or (2) resolution of all claims against all defendants who have not defaulted.
Lead counsel absence requires 5 court days advance notice or emergency excuse; otherwise sanctions may apply.
Source text: Unless lead trial counsel’s absence is excused by the Court for good cause no less than five (5) court days in advance of the hearing, or is due to an emergency that prevented prior notice, the Court reserves the right to designate the counsel to appear will be grounds for sanctions.
Motions must be filed at least 28 days before the motion hearing cut-off date.
Source text: Judge Kato hears motions in civil cases on Thursdays at 9:30 a.m. The cut-off date for hearing motions is the last day on which motions will be heard, i.e., the motion must be filed at least twenty-eight (28) days before the deadline in accordance with the requirements of Local Rule 6-1.
Motions in criminal cases must be filed 28 days (electronic) or 31 days (non-electronic) before hearing.
Source text: Judge Kato hears motions in criminal cases on Thursdays at 1:30 p.m. All pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, motions challenging introduction of Federal Rule of Evidence 404(b) evidence, and motions in limine, shall be filed and served on all other counsel in accordance with the requirements of Local Civil Rule 6-1, i.e., at least 28 days before the date set for hearing, if the motion is served electronically or personally on opposing counsel, and at least 31 days before the scheduled hearing date if not served electronically or personally.
Opposition and reply memoranda must be filed before the hearing date.
Source text: Opposition and reply memoranda shall be filed and served in compliance before the hearing date, respectively.
Motions in limine must be noticed for hearing by Pretrial Conference date.
Source text: All motions in limine and other trial-related motions must be noticed properly for hearing no later than the date of the Pretrial Conference.
Withdrawal of motion or opposition must be filed and served at least 7 days before the hearing.
Source text: Any moving party who intends to withdraw the motion before the hearing date shall file and serve a withdrawal of the motion, not later than seven (7) days preceding the hearing. Any opposing party who no longer intends to oppose the motion, shall file and serve a withdrawal of the opposition, not later than seven (7) days preceding the hearing.
Discovery (except depositions) must be initiated at least 45 days before the discovery cut-off date.
Source text: Counsel shall initiate all discovery other than depositions at least forty-five (45) days before the cut-off date.
Discovery cut-off is the last date to complete discovery and hear discovery motions.
Source text: The discovery cut-off is the last date to complete discovery. It is also the last day for hearing any discovery motion.
ADR proceeding must be scheduled within 90 days (Procedure 1) or 60 days (Procedures 2-3) of Order.
Source text: The parties shall schedule their ADR proceeding as soon as reasonable, but (1) no later than ninety (90) days prior to the ADR deadline, if the Court has ordered the parties to participate in ADR Procedure No. 1, and (2) no later than sixty (60) days after the entry of this Order, if the Court has ordered the parties to participate in ADR Procedure Nos. 2 or 3.
Settlement notification required by Wednesday before Monday trial date.
Source text: In all cases set for jury trial, the parties must notify the Court, no later than the Wednesday preceding the Monday trial date, of any settlement, so that the necessary arrangements can be made to bring in a different case for trial or notify the members of the public who would otherwise be reporting for jury duty that their services are no longer needed.
Requests to continue trial or change plea hearing must be filed 3 weeks before scheduled date.
Source text: Counsel or parties appearing pro se must file any requests to continue the trial date or requests for a change of plea hearing at least three (3) weeks before the scheduled trial date.
Service deadline is 90 days unless plaintiff shows good cause for extension.
Source text: The Court expects service to be completed as soon as reasonably practicable. The Court will require plaintiff to show good cause to extend the service deadline beyond 90 days.
Oppositions to ex parte applications must be filed within 24 hours; non-opposition must be communicated promptly.
Source text: Oppositions to ex parte applications must be filed within 24 hours of the filing of the application, subject to Rule 6(a)(2). If an opposing party does not intend to oppose the ex parte application, counsel must inform the Courtroom Deputy Clerk by telephone or email as soon as possible.
Continuance requests require good cause, must be filed 7+ days in advance with proposed order and declaration.
Source text: This Court is very committed to adhering to all scheduled dates. In general, this makes the judicial process more efficient and less costly. Changes in dates are disfavored. Trial dates set by the Court are firm and will rarely be changed. Therefore, any request, whether by application or stipulation, to continue the date of any matter before this Court must be supported by good cause demonstrating why the change in the date is essential. Without such compelling factual support, requests to continue dates set by this Court will not be approved. Counsel requesting a continuance must electronically file any application or stipulation with a proposed order and a detailed declaration of counsel providing the grounds for the requested continuance or extension of time. The Court will deny any request that fails to comply with the Local Rules and this Order. Proposed stipulations extending scheduled dates become effective only if, and when, this Court approves the stipulation as presented to, or modified by, the Court. Counsel should avoid submitting requests for a continuance fewer than seven calendar days prior to the earliest date subject to request. The Court presumes that there is no good cause to continue any deadline that will pass within a week of a continuance request.
Motion for review of Magistrate Judge's order must be filed within 14 days.
Source text: Any party may file and serve a motion for review and reconsideration before this Court. See Fed. R. Civ. P. 72(a). The moving party must file and serve the motion within 14 days of service of a written ruling or within 14 days of an oral ruling that the Magistrate Judge states will not be followed by a written ruling.
Summary judgment motions must be filed at least 35 days before the hearing.
Source text: A party moving for summary judgment must file the motion at least 35 days before the hearing.
Continuance requests should be made at least 7 days in advance and must include a proposed order and detailed declaration providing grounds.
Source text: Counsel should avoid submitting requests for a continuance fewer than seven calendar days prior to the earliest date subject to request. The Court presumes that there is no good cause to continue any deadline that will pass within a week of a continuance request. Counsel requesting a continuance must electronically file any application or stipulation with a proposed order and a detailed declaration of counsel providing the grounds for the requested continuance or extension of time.
Continuance requests must be e-filed with proposed order and detailed grounds at least 7 days before scheduled date.
Source text: Counsel requesting a continuance must e-file any application or stipulation with a proposed order, which shall include a detailed explanation of the grounds for the requested continuance or other extension of time. The Court will not consider any request that does not comply with the Local Rules and this Order. Applications or stipulations extending dates become effective only if, and when, approved by this Court and an associated order is entered. Counsel shall submit requests for a continuance at least seven calendar days prior to the scheduled date.
Voluminous exhibits require 48-hour advance notice to Space & Facilities; security pass required; no entry without pass.
Source text: Arrangements for bringing voluminous trial materials or exhibits into the Courtroom through the Building Vehicle Loading Dock, if required, may be made through the Space & Facilities Help Desk at (213) 894-1400. Before contacting Space & Facilities for a required security pass, prior approval of delivery time must be coordinated with the Courtroom Deputy Clerk. Once approval from the Clerk is received, logistical delivery information must be provided to Space & Facilities no later than 48 hours prior to the date of arrival to create and issue the required security pass. Counsel and messengers attempting to access the building parking and loading dock without a required pass will be denied entry.
Plaintiff must serve complaint within 90 days and show good cause for extensions.
Source text: The plaintiff shall promptly serve the complaint in accordance with Federal Rule of Civil Procedure 4 and file proof of service pursuant to Rule 4(l). Rule 4(m) requires the summons and complaint to be served within 90 days. The Court expects service to be completed as soon as reasonably practicable. The Court will require plaintiff to show good cause to extend the service deadline beyond 90 days.
Discovery motions must be filed early enough to obtain responses before discovery cut-off if granted.
Source text: Discovery motions are handled by the Magistrate Judge assigned to the case. Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted.
Requests not complying with Local Rules will be denied.
Source text: The Court will deny any request that fails to comply with the Local Rules and this Order.
Oppositions to ex parte applications must be filed within 24 hours.
Source text: Oppositions to ex parte applications must be filed within 24 hours of the filing of the application, subject to Rule 6(a)(2).
Schedule modification requests must be filed at least 7 days before the affected date.
Source text: counsel shall not submit requests for a schedule modification fewer than seven calendar days prior to the earliest date subject to the request.
Deadlines within a week of continuance request are presumed to have no good cause for extension.
Source text: The Court presumes that there is no good cause to continue any deadline that will pass within a week of a continuance request or has already passed.
TRO/injunction applications will not be ruled on for at least 24 hours after service unless excused.
Source text: The Court will not rule on any application for such relief for at least 24 hours after the party subject to the requested order has been served unless service is excused.
Form pleadings must be replaced with appropriate pleadings within 30 days of removal.
Source text: 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 30 days of receipt of the Notice of Removal.
Fictitiously named defendants must be identified and served within 90 days of removal.
Source text: Plaintiff is expected to ascertain the identity of, and serve, any fictitiously named defendant within 90 days of the removal of the action to this Court.
Summary judgment motions must be filed at least 35 days before hearing.
Source text: A party moving for summary judgment must file the motion at least 35 days before the hearing.
Special court reporter services require 2-week advance notice.
Source text: Any party requesting special court reporter services for any hearing (i.e., real time transmission, daily transcripts) shall notify the court reporter at least 2 weeks before the hearing date.
Motions to add parties or amend pleadings must be noticed by cut-off date.
Source text: All motions to add parties or to amend the pleadings must be noticed to be heard on or before the cut-off date.
Motions to add parties or amend pleadings must be noticed by the cut-off date.
Source text: All motions to add parties or to amend the pleadings must be noticed to be heard on or before the cut-off date.
Discovery motions must be filed early enough to obtain responses before cut-off.
Source text: Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted.
Motions must be noticed by cut-off date; file early to secure hearing date.
Source text: All motions must be noticed so that the hearing takes place on or before the motion cut-off date. Counsel are advised that the Court may close a hearing date once the number of motions filed exceeds the maximum number of motions that reasonably can be heard on that date. Counsel should anticipate that a preferred hearing date may be unavailable. Therefore, to avoid being unable to file a motion to be heard by the cut-off date, counsel should file motions sufficiently in advance of the hearing cut-off date to ensure that a hearing date is available.
Discovery cut-off date is when all discovery must be completed, not when requests are served.
Source text: Discovery Cut-off: The Court has established a cut-off date for discovery, including expert discovery, if applicable. This is not the date by which discovery requests must be served; it is the date by which all discovery, including all hearings on any related motions, is to be completed.
Discovery motions must be filed early enough to obtain responses before cut-off if granted.
Source text: Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted.
Depositions must start early enough to complete before cut-off; motion to compel requires 6-week meet-and-confer.
Source text: All depositions shall commence sufficiently in advance of the discovery cut-off date to permit their completion and to permit the deposing party enough time to bring any discovery motions concerning the deposition before the cut-off date. Given the requirements to 'meet and confer' and to give notice, in most cases a planned motion to compel must be discussed with opposing counsel at least six weeks before the cut-off.
Documents and requests for admissions must be served early enough to challenge deficient responses before cut-off.
Source text: documents and requests for admissions must be served sufficiently in advance of the discovery cut-off date to permit the discovering party enough time to challenge (via motion practice) responses deemed to be deficient.
Motion cut-off date established; all motions must be noticed by this date.
Source text: The Court has established a cut-off date for the hearing of motions. All motions must be noticed so that the hearing takes place on or before the motion cut-off date.
Court may close hearing dates when motion limit is reached; file motions early to secure hearing date.
Source text: Counsel are advised that the Court may close a hearing date once the number of motions filed exceeds the maximum number of motions that reasonably can be heard on that date. Counsel should anticipate that a preferred hearing date may not be available. Therefore, to avoid being unable to file a motion to be heard by the cut-off date, counsel should file motions sufficiently in advance of the hearing cut-off date to ensure that a hearing date is available.
Settlement conference under Court-Directed ADR Program must be completed by Court-set date.
Source text: Counsel must complete a settlement conference under the Court-Directed ADR Program no later than the date set by the Court.
Special court reporter services require 2-week advance notice.
Source text: Any party requesting special court reporter services for any hearing (i.e., real time transmission, daily transcripts) shall notify the reporter at least two weeks before the hearing date.
Continuance requests must be by motion/stipulation/application with supporting declaration.
Source text: Any request for continuance of pretrial and/or trial dates must be by motion, stipulation, or application, and must be supported by a declaration setting forth the reasons for the requested relief.
Oppositions to ex parte applications must be filed within 24 hours.
Source text: Oppositions to ex parte applications must be filed within 24 hours of the filing of the application.
Motions in limine must be filed at least 28 days before the Final Pretrial Conference.
Source text: All motions in limine must be filed at least twenty-eight (28) days before the Final Pretrial Conference.
Oppositions to motions in limine must be filed at least 14 days before the Final Pretrial Conference.
Source text: Oppositions must be filed at least fourteen (14) days before the Final Pretrial Conference.
Sentencing hearings cannot be continued without detailed good cause.
Source text: Once set, the sentencing hearing shall not be continued absent a detailed, substantial showing of good cause.
Discovery adequacy motions must be filed early enough to obtain responses before cut-off.
Source text: any motion challenging the adequacy of discovery responses must be filed timely, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date, if the motion is granted.
Continuance of Scheduling Conference requires good cause.
Source text: A request to continue the Scheduling Conference will be granted only for good cause.
Motion for review must be filed within 10 days of magistrate judge's ruling.
Source text: Any party may file and serve a motion for review and reconsideration before this Court. The moving party must file and serve the motion within ten (10) days of service of a written ruling or within ten (10) days of an oral ruling that the Magistrate Judge states will not be followed by a written ruling.
Court must approve all stipulations extending scheduling requirements.
Source text: No stipulations extending scheduling requirements or modifying applicable rules are effective until and unless the Court approves them.
Extension applications must specify all relevant dates including discovery cutoff, motion deadlines, and trial dates.
Source text: Both applications and stipulations must be filed in advance of the date due and set forth: (a) the existing due date or hearing date as well as the discovery cutoff date, the last date for hearing motions, the pre-trial conference date and the trial date;
Extension requests must provide specific reasons and detail settlement negotiations status.
Source text: (b) specific, concrete reasons supporting good cause for granting the extension. In this regard, a statement that an extension “will promote settlement” is insufficient. The requesting party or parties must indicate the status of ongoing negotiations: (i.e., have written proposals been exchanged? Is counsel in the process of reviewing a draft settlement agreement? Has a mediator been selected?);
Extension requests must disclose prior extension requests and their outcomes.
Source text: (c) whether there have been prior requests for extensions, and whether these were granted or denied by the Court.
Extension requests must be filed in advance and include existing dates, specific good cause reasons, negotiation status, and prior request history.
Source text: No stipulations extending scheduling requirements or modifying applicable rules are effective until and unless the Court approves them. Both applications and stipulations must be filed in advance of the date due and set forth: (a) the existing due date or hearing date as well as the discovery cutoff date, the last date for hearing motions, the pre-trial conference date and the trial date; (b) specific, concrete reasons supporting good cause for granting the extension. In this regard, a statement that an extension 'will promote settlement' is insufficient. The requesting party or parties must indicate the status of ongoing negotiations: (i.e., have written proposals been exchanged? Is counsel in the process of reviewing a draft settlement agreement? Has a mediator been selected?); (c) whether there have been prior requests for extensions, and whether these were granted or denied by the Court.
Motion for review of Magistrate Judge's discovery order must be filed within 10 days.
Source text: The decision of the Magistrate Judge shall be final, subject to modification by the District Court only where it has been shown that the Magistrate Judge's Order is clearly erroneous or contrary to law. Any party may file and serve a motion for review and reconsideration before this Court. The moving party must file and serve the motion within ten (10) days of service of a written ruling or within ten (10) days of an oral ruling that the Magistrate Judge states will not be followed by a written ruling.
Extension requests must be filed in advance with specific reasons and prior request history.
Source text: No stipulations extending scheduling requirements or modifying applicable rules are effective until and unless the Court approves them. Both applications and stipulations must be filed in advance of the date due and set forth: (a) the existing due date or hearing date as well as the discovery cutoff date, the last date for hearing motions, the pre-trial conference date and the trial date; (b) specific, concrete reasons supporting good cause for granting the extension. In this regard, a statement that an extension “will promote settlement” is insufficient. The requesting party or parties must indicate the status of ongoing negotiations: (i.e., have written proposals been exchanged? Is counsel in the process of reviewing a draft settlement agreement? Has a mediator been selected?); (c) whether there have been prior requests for extensions, and whether these were granted or denied by the Court.
Emergency relief requires compliance with FRCP 65 and service on opposing party.
Source text: Parties seeking emergency or provisional relief shall comply with Fed. R. Civ. P. 65 and Local Rules 7-19 and 65. Absent extraordinary circumstances, the Court will not consider ex parte applications for temporary restraining orders. The Court will not consider applications for temporary restraining orders unless the party subject to the requested order has been served. The opposing party may file opposing or responding papers in the interim.
Class certification motions must be filed within 120 days of service or removal.
Source text: Consistent with Federal Rule of Civil Procedure 23’s requirement that the Court must determine at “an early practicable time” whether to certify an action as a class action, for any action purporting to commence a class action, other than an action subject to the Private Securities Litigation Reform Act of 1995, P.L. 104-67, 15 U.S.C. § 77z-1 et seq., the Court orders that any Motion for Class Certification shall be filed within 120 days after service of a pleading (or, if applicable, within 120 days after the filing of a Notice of Removal), unless otherwise ordered by the Court. Failure to timely file a Motion for Class Certification may result in the imposition of sanctions, which may include the striking of the class allegations.
Motions must be noticed for hearing within 35 days of service unless otherwise ordered.
Source text: No motion shall be noticed for hearing for more than thirty-five (35) days after service of the motion unless otherwise ordered by the Court.
Objections to Presentence Report due within 14 days of receipt or 21 days before sentencing; sentencing position papers included; continuance requests due by noon Tuesday before hearing.
Source text: Rule 32 of the Federal Rules of Criminal Procedure requires the parties to notify the Probation Officer, and each other, of any objections to the Presentence Report within fourteen (14) days of receipt. Alternatively, counsel may file such objections no later than twenty-one (21) days before sentencing. The Court construes “objections” to include sentencing position papers and departure arguments. Any party who intends to move for a continuance of the sentencing hearing shall, not later than noon on the Tuesday preceding the hearing date, notify opposing counsel and the court clerk. Strict compliance with these deadlines is mandatory because untimely filings interfere with the abilities of the Probation
Continuances require good cause, stipulation, and detailed declaration; trial dates are rarely changed.
Source text: This Court has a strong interest in keeping scheduled dates certain. Changes in dates are disfavored. Trial dates set by the Court are firm and will rarely be changed. Therefore, a stipulation to continue the date of any matter before this Court must be supported by a sufficient basis that demonstrates good cause why the change in the date is essential. Without such compelling factual support, stipulations continuing dates set by this Court will not be approved. Counsel requesting a continuance must file a stipulation and lodge a proposed order including a detailed declaration of the grounds for the requested continuance or extension of time.
Motions in limine must be filed and served 45 days before trial.
Source text: All motions in limine must be filed and served a minimum of forty-five (45) days prior to the scheduled trial date.
Opposition to motions in limine must be filed and served 25 days before trial.
Source text: All opposition documents must be filed and served at least twenty-five (25) days prior to the scheduled trial date.
Reply documents to motions in limine must be filed and served 10 days before trial.
Source text: All reply documents must be filed and served at least ten (10) days prior to the scheduled trial date.
Proposed findings of fact and conclusions of law due 21 days before trial.
Source text: Twenty-one (21) days before the trial date, all counsel are to have prepared proposed findings of fact and conclusions of law. Three copies are to be served on opposing counsel, and the original and one copy are to be lodged with the Court.
Marked copies of proposed findings due 7 days before trial.
Source text: Seven (7) days before the trial date, each counsel shall file two marked copies of opposing counsel's proposed findings of fact and conclusions of law with the Court, and return one marked copy to the opposing counsel.
Defendants not served within 90 days will be dismissed without prejudice.
Source text: Any Defendant(s) not timely served shall be dismissed from the action without prejudice. Any “DOE” or fictitiously-named Defendant(s) who is not identified and served within 90 days after the case is filed shall be dismissed pursuant to Federal Rule of Civil Procedure 4(m).
Protective order-only applications denied unless addendum provided within 48 hours.
Source text: If a party submits an application to file under seal pursuant to a protective order only (i.e., no other reason is given), the application will be denied unless the Court receives within 48 hours from the notice of filing a document providing (1) the reasons the document should be filed under seal; and (2) the portions within the document that are confidential. This document shall be entitled: "ADDENDUM TO APPLICATION TO FILE UNDER SEAL PURSUANT TO PROTECTIVE ORDER".
Proof of service must be filed within 5 days of serving summons and complaint.
Source text: Proof of service of the summons and complaint shall be filed within 5 days of service of said documents.
Form pleadings must be replaced with proper pleadings within 30 days of removal.
Source text: 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 (30) days of receipt of the Notice of Removal.
Ex parte application for hearing must be filed within 3 days of order.
Source text: Petitioner(s) shall file and serve within 3 days of the date of this order an ex parte application requesting a hearing on the Petition to ensure prompt resolution of the Petition in compliance with section 983(f)'s deadlines.
Expert discovery must be completed 19 weeks before FPTC
Source text: Expert Discovery Cut-Off 19 weeks before FPTC
Continuance requests for pretrial/trial dates require motion/stipulation/application with detailed declaration showing good cause, due diligence, and history of litigation efforts.
Source text: The Court has a strong interest in keeping scheduled dates certain. Accordingly, pretrial and trial dates set by the Court are firm, and rarely will be changed. Any request for continuance of pretrial and/or trial dates must be by motion, stipulation, or application, and must be supported by a declaration setting forth the reasons for the requested relief. The declaration must contain a highly detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance and a description of the parties’ efforts, dating back to the filing of the complaint, of the steps they have taken to advance the litigation. This detailed showing must demonstrate that the work still to be performed reasonably could not have been establish good cause. The declaration should also include whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court.
Stipulations extending Court-set dates require Court approval and compelling factual support; otherwise denied.
Source text: Stipulations extending dates set by the Court are not effective unless approved by the Court, and without compelling factual support and a showing of due diligence, stipulations continuing dates set by the Court will be denied.
Motion to amend pleadings or add parties must be heard by Wednesday, 6 weeks after scheduling conference
Source text: Last Date to Hear Motion to Amend Pleadings or Add Parties [Wednesday] 6 weeks after scheduling conference
Fact discovery must be completed 24 weeks before FPTC
Source text: Fact Discovery Cut-Off 24 weeks before FPTC (no later than deadline for filing dispositive motion)
Last date to hear motions is 12 weeks before FPTC on Wednesday
Source text: Last Date to Hear Motions [Wednesday] Parties shall take note of the Court’s briefing schedule as set forth in the Civil Standing Order, found on Judge Murillo’s website 12 weeks before FPTC
Settlement conference must be completed 10 weeks before FPTC
Source text: Deadline to Complete Settlement Conference [L.R. 16-15] Select one: ☐ 1. Magistrate Judge ☐ 2. Court Mediation Panel ☐ 3. Private Mediation 10 weeks before FPTC
Continuance of scheduling conference granted only for good cause.
Source text: Continuance. A request to continue the scheduling conference will be granted only for good cause. The parties should plan to file the Joint Rule 26(f) Report on
Sentencing hearings cannot be continued without detailed showing of good cause.
Source text: Once set, the sentencing hearing shall not be continued absent a detailed, substantial showing of good cause.
Government must file detention request at least 2 days before Rule 11 hearing.
Source text: If the government intends to request detention of a defendant who is out on bond, it should file a request, stating and applying the applicable standard, at least two days before the hearing.
Sentencing date set at 14 weeks after conviction unless good cause shown.
Source text: Counsel for both parties shall confer and provide a proposed sentencing date to the courtroom deputy (CRD) upon checking in. Absent good cause, the sentencing date shall be approximately 14 weeks after the defendant’s conviction.
Pretrial conference scheduled 2 weeks before trial date.
Source text: The Court will schedule a PTC two weeks before the trial date.
Parties must submit PTC documents 14 days before conference electronically and in joint binder.
Source text: At least 14 days before the PTC, the parties must submit the documents described below (1) electronically in Word format sent to Chambers email and (2) in a joint binder.
Trial continuance applications must request Monday trial at least 10 days before speedy trial period ends.
Source text: Any application for a trial continuance shall request a trial on a Monday at least 10 calendar days before the last day of the speedy trial period.
Filing a continuance request does not suspend pending deadlines.
Source text: (1) Pending Deadlines. Any request to continue the trial should be timely filed. The filing of a continuance request does not suspend any pending deadline, including the time to submit the pretrial conference filings.
Second continuance request based on defense counsel unavailability requires detailed declaration.
Source text: (2) Defense Counsel’s Calendar. If a continuance is granted based in whole or in part on defense counsel’s unavailability, the Court expects counsel to be available on the continued date. If another continuance is requested based in whole or part on defense counsel’s unavailability, defense counsel shall provide a declaration explaining in detail why counsel is not available, why counsel believed he or she would be available when submitting the prior continuance request, and what unforeseen and unavoidable events occurred in the interim. The failure to provide this information may result in summary denial of the request.
Continuance requests over 90 days or after prior extension may require hearing.
Source text: (3) Hearing. The Court often orders the parties to appear to explain any continuance request for more than 90 days and any continuance request when an extension was previously granted.
Sentencing continuances require detailed showing of good cause.
Source text: b. Sentencing Continuance. The sentencing hearing will not be continued absent a detailed showing of good cause, including why the additional time requested could not have been anticipated when the original date was set.
Request for hearing on PLRA exhaustion must be filed within 14 days of denial of summary judgment.
Source text: A party seeking to obtain a judicial determination of any material fact dispute precluding summary judgment on exhaustion must file a request for a hearing within 14 days of the filing of the order denying summary judgment. The failure to file a timely request may be construed as a waiver or forfeiture of the exhaustion issue.
Motions for default judgment must be filed within 14 days after resolution of claims against non-defaulted defendants.
Source text: Unless the Court orders otherwise, motions for default judgment shall be filed within 14 days after the later resolution of all claims against all defendants who have not defaulted.
Trial continuance applications must request Monday trial at least 10 days before speedy trial period ends.
Source text: Any application for a trial continuance shall request a trial on a Monday at least 10 calendar days before the last day of the speedy trial period.
Defense counsel must explain unavailability for second continuance request or face summary denial.
Source text: If a continuance is granted based in whole or in part on defense counsel's unavailability, the Court expects counsel to be available on the continued date. If another continuance is requested based in whole or part on defense counsel's unavailability, defense counsel shall provide a declaration explaining in detail why counsel is not available, why counsel believed he or she would be available when submitting the prior continuance request, and what unforeseen and unavoidable events occurred in the interim. The failure to provide this information may result in summary denial of the request.
Sentencing continuances require detailed showing of good cause and why additional time was not anticipated.
Source text: The sentencing hearing will not be continued absent a detailed showing of good cause, including why the additional time requested could not have been anticipated when the original date was set.
Motions to join parties or amend pleadings must be filed within 60 days and noticed for hearing within 90 days.
Source text: All motions to join other parties or to amend the pleadings shall be filed and served within sixty (60) days of the date of this order and noticed for hearing within ninety (90) days hereof.
Summary judgment motions must be heard by the last motion hearing date.
Source text: Motions for summary judgment or partial summary judgment shall be heard no later than the last day for hearing motions, as set forth in the accompanying minute order.
Depositions must be scheduled at least 5 working days before discovery cut-off.
Source text: All depositions shall be scheduled to commence at least five (5) working days prior to the discovery cut-off date.
Motions in limine must be filed and served at least 4 weeks before pretrial.
Source text: All motions in limine must be filed and served a minimum of four (4) weeks prior to the scheduled pretrial date.
Counsel must notify Courtroom Deputy by 4:30 p.m. two court days before trial for additional equipment installation.
Source text: If counsel need to arrange for the installation of their own additional equipment, such as video monitors, overhead projectors, etc., notify the Courtroom Deputy no later than 4:30 p.m. two court days before trial so that the necessary arrangements can be made.
Interrogatories must be served at least 45 days before discovery cut-off.
Source text: All interrogatories must be served at least forty-five (45) days prior to the discovery cut-off date.
Motions to join parties or amend pleadings must be filed within 60 days and noticed for hearing by final pre-trial conference.
Source text: All motions to join other parties or to amend the pleadings shall be filed and served within sixty (60) days of the date of this order and noticed for hearing within date set for the Final Pre-Trial Conference.
Summary judgment motions must be heard by the last motion hearing date with extended notice under FRCP 56(c).
Source text: Motions for summary judgment or partial summary judgment shall be heard no later than the last day for hearing motions, as set forth in the accompanying minute order. Please note the extended notice requirements under F. R. Civ. P. 56(c) which are longer than provided in the Local Rules.
Depositions must start at least 5 working days before discovery cut-off; originals must be lodged with courtroom deputy on trial day.
Source text: All depositions shall be scheduled to commence at least five (5) working days prior to the discovery cut-off date. All original depositions to be used in trial shall be lodged with the Courtroom Deputy on the day of trial.
Interrogatories must be served at least 45 days before discovery cut-off; no extensions allowed except in extraordinary circumstances.
Source text: All interrogatories must be served at least forty-five (45) days prior to the discovery cut-off date. The Court will not approve stipulations between counsel that permit responses to be served after the cut-off date except in extraordinary circumstances.
Requests for production must be served at least 45 days before discovery cut-off; no extensions allowed except in extraordinary circumstances.
Source text: All requests for production, etc., shall be served at least forty-five (45) days prior to the discovery cut-off date. The Court will not approve stipulations between counsel that permit responses to be served after the cut-off date except in extraordinary circumstances.
Opposition to motions in limine must be filed and served at least 3 weeks before pretrial.
Source text: All opposition documents must be filed and served at least three (3) weeks prior to the scheduled pretrial date.
Reply documents to motions in limine must be filed and served at least 2 weeks before pretrial.
Source text: All reply documents must be filed and served at least two (2) weeks prior to the scheduled pretrial date.
Ex parte application required for additional in limine motions beyond the limit.
Source text: Any party desiring to tender any other in limine motions shall file an ex parte application no later than seven
Continuance requests require proposed stipulation with detailed declaration
Source text: Counsel requesting a continuance must lodge, prior to the date to be continued, a proposed stipulation and order including a detailed declaration of the ground for the requested continuance or extension of time.
Meet and confer with opposing counsel required before filing continuance request
Source text: Counsel are required to meet and confer with opposing counsel regarding the substance of the continuance before filing the anticipated request, and any request must include a statement of compliance with Local Rule 7-3 (see supra VII.A).
Counsel must meet 3 weeks before scheduling conference (telephonic OK)
Source text: Counsel must meet no later than three (3) weeks prior to the Scheduling Conference. This meeting may occur telephonically and need not occur in person. A written exchange of correspondence will not satisfy this requirement.
No final pretrial or trial until all parties complete ADR
Source text: The Court will not hold a Final Pretrial Conference or convene a trial unless and until all parties, including the principals of all corporate parties, have completed ADR.
Good cause required for continuance motions.
Source text: Any party wishing to amend the dates established below may file a Motion or Stipulation for Continuance explaining why good cause exists to modify the existing pretrial and trial calendar.
Parties must meet and confer 10 days before trial to stipulate to foundation, best evidence rule waiver, and exhibits.
Source text: The parties must meet and confer no later than ten (10) days before trial to stipulate as much as possible to foundation, waiver of the best evidence rule, and exhibits that may be received into evidence at the start of the trial.
Notice required 4 days before trial for electronic equipment in courtroom.
Source text: If electronic equipment must be brought into the courtroom for trial, counsel must make prior arrangements with the Court Security. Notice must be given to the CRD at SSS_Chambers@cacd.uscourts.gov no later than four (4) days before trial.
Special court reporter services require 2-week notice before hearing.
Source text: Any party requesting special court reporter services for any hearing, such as daily transcripts, must notify Court Reporting Services at least two (2) weeks before the hearing date.
Continuance requests must be by motion/stipulation/application with detailed declaration showing good cause and due diligence.
Source text: Requests for continuances of pretrial or trial dates must be by motion, stipulation, or application9 and must be supported by a declaration setting forth the reasons for the request. The declaration must include a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance, dating back to the filing of the complaint, stating the steps the parties have taken to advance the litigation, demonstrating why the remaining steps could not have been performed within the applicable deadlines, and stating whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court.
Trial continuance requests must be filed at least 1 week before Final Pretrial Conference.
Source text: Any request for continuance of trial must be filed no later than one (1) week prior to the Final Pretrial Conference.
Requests to extend Court-set dates are not effective without Court approval.
Source text: Requests extending dates set by the Court are not effective unless approved by the Court.
Continuance requests require detailed declaration showing good cause and due diligence.
Source text: Requests for continuances of pretrial or trial dates must be by motion, stipulation, or ex parte application4 and must be supported by a declaration setting forth the reasons for the request. The declaration must include a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance, dating back to the filing of the complaint, stating the steps the parties have taken to advance the litigation, demonstrating why the remaining steps could not have been performed within the applicable deadlines, and stating whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court.
Continuance requests must be filed at least 1 week before Final Pretrial Conference.
Source text: Any request for continuance of trial must be filed no later than (1) week prior to the Final Pretrial Conference.
Sentencing hearings cannot be continued without detailed showing of good cause.
Source text: Once set, the sentencing hearing must not be continued absent a detailed, substantial showing of good cause.
Continuances only granted for good cause.
Source text: Continuances will only be granted based upon a showing of good cause.
Stipulations for extensions of time require Court approval.
Source text: Stipulations, including second and subsequent extensions of time to respond to the complaint, are effective ONLY when approved by the Court. (See Local Rule 16-8).
No continuances allowed within 3 business days of scheduled mediation unless extraordinary circumstances.
Source text: Absent extraordinary circumstances, parties cannot request a continuance within three (3) business days of a scheduled mediation.
Unserved defendants (including Doe) dismissed after 90 days unless extension granted.
Source text: Any defendant(s), including “DOE” or fictitiously-named defendant(s), not served within ninety (90) days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m) and by operation of this Order without further notice, unless plaintiff requests and justifies the need for additional time in the joint report and the Court grants an extension.
Continuances are not granted routinely and require good cause.
Source text: Continuances will not be granted routinely.
Plaintiff must identify and serve Doe defendants before scheduling conference deadline.
Source text: Plaintiff must identify and serve any fictitiously named or “Doe” defendant(s) before the deadline set forth in the Court’s Order Setting Scheduling Conference.
Continuance requests require good cause and must be made before the date to be continued.
Source text: Continuances are granted only on a showing of good cause. Requests for continuances must be made before the date to be continued and by motion or stipulation, along with a proposed order.
Continuance requests must include detailed declaration with specific reasons and precise proposed deadlines.
Source text: Motions and stipulations must be accompanied by a detailed declaration setting forth the specific reasons for the requested continuance and the precise deadline(s) the parties propose.
Stipulations must specify precise original and new dates or will be denied.
Source text: A stipulation that fails to list the precise date(s) the parties wish to move, and the new date(s) they propose, will be denied for failure to comply with this Standing Order.
Continuance declarations must include history of previous requests and efforts to meet deadlines.
Source text: The declaration also should state whether there have been any previous requests for continuances; whether these requests were granted or denied by the Court; what efforts were made to meet the existing deadline; and what, if any, prejudice would result if the request is denied.
Court-approved stipulations are required to extend court-set dates.
Source text: Stipulations extending dates set by this Court are not effective unless approved by the Court.
Settlement discussions require 2-week notice before hearing; immediate notice if settled.
Source text: Counsel must notify the Court at least two (2) weeks before the scheduled hearing if the parties are conducting settlement discussions that may render the motion moot and must notify the Court immediately if a settlement is reached. A belated notice of settlement wastes scarce judicial resources.
Motion for review of magistrate decision must be filed within 14 days of ruling.
Source text: Any motion for review of a Magistrate Judge’s decision must be noticed before the District Court Judge within fourteen (14) days of service of the Magistrate Judge’s written ruling, or within fourteen (14) days of an oral ruling that the Magistrate Judge states will not be followed by a written ruling.
Non-compliance with meet and confer may result in sanctions.
Source text: Failure by any party to comply in good faith with the “meet and confer” requirement may result in an order to show cause re: sanctions—including, as appropriate, striking or denying the motion, deeming the motion unopposed, and/or awarding monetary sanctions.
Opposing papers must be filed within 48 hours or by 3pm on first court day after service, whichever is later.
Source text: The moving party must also serve the opposing party by email, fax, or personal service, and notify that party that opposing papers must be filed not later than forty-eight (48) hours following service or by 3:00 p.m. on the first court day after the service, whichever is later.
Court will not rule on ex parte applications for at least 48 hours after service unless service is excused or interests of justice require.
Source text: The Court generally will not rule on any application for such relief for at least forty-eight (48) hours (or two (2) court days) after the party subject to the requested order has been served unless service is excused or unless the interests of justice so require.
Fact discovery must be completed by the dispositive motion deadline
Source text: Fact Discovery Cut-Off (No later than deadline for filing dispositive motion)
Expert discovery must be completed 14 weeks before trial
Source text: Expert Discovery Cut-Off 14
Rule 56 motions must be filed at least 6 weeks before hearing, with opposition due 2 weeks after and reply due 1 week after opposition
Source text: Last Date to Hear Motions • Rule 56 Motion due at least 6 weeks before hearing; • Opposition due 2 weeks after motion is filed before hearing; • Reply due 1 week after Opposition is filed 12
Daubert motions must be heard 8 weeks before trial
Source text: Last Date to Hear Daubert Motions 8
Avoid continuance requests within 1 week of FTPC; expired dates show lack of due diligence.
Source text: Counsel shall avoid submitting requests for continuance of trial less than one (1) week prior to the FTPC. A request to continue dates that have already expired constitutes a presumptive lack of due diligence.
Dispositive motions must be filed within 28 days after discovery closes.
Source text: All dispositive motions shall be filed no later than twenty-eight (28) days after the close of discovery.
Continuance requests must be by motion/stipulation/application and signed by defendant and counsel.
Source text: Requests for continuances of pretrial and trial dates must be by motion, stipulation, or application. All requests must be signed by both the defendant(s) and counsel.
Continuance requests must show good cause, due diligence, and prior request history.
Source text: Each request must include a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance, stating whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court.
General statements insufficient; detailed showing required for continuances.
Source text: The Court will not grant requests to continue pretrial and trial dates absent the detailed showing. General statements are insufficient to establish good cause.
Requests to extend Court-set dates are not effective without Court approval.
Source text: Requests extending dates set by the Court are not effective unless approved by the Court.
Opposition to ex parte applications must be filed within 24 hours of service.
Source text: Following service of the ex parte application by electronic, facsimile, or personal service, the moving party shall notify the opposing party that any opposition must be filed no later than twenty-four (24) hours following service.
Motions in limine must be filed 28 days before FTPC; oppositions 14 days before.
Source text: All motions in limine must be filed at least twenty-eight (28) days before the FTPC. Oppositions must be filed at least fourteen (14) days before the FTPC.
Oppositions to motions in limine must be filed 14 days before FTPC.
Source text: Oppositions must be filed at least fourteen (14) days before the FTPC.
Motions to add parties or amend pleadings must be noticed by the deadline.
Source text: All motions to add parties or to amend the pleadings must be noticed to be heard on or before the deadline.
Discovery cut-off date established for completion of all discovery.
Source text: The Court has established a cut-off date for fact and expert discovery. These are not the dates by which discovery requests must be served. They are the dates by which all discovery, including all hearings on any related motions, must be completed.
Motion deadline established; Daubert motions included, motions in limine excluded.
Source text: The Court has established a deadline for the hearing of motions. All motions, including motions to determine the admissibility of expert testimony pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), but excluding motions in limine, must be noticed so that the hearing takes place on or before the motion deadline.
Deadline set for completion of settlement conference or mediation.
Source text: The Court has set a deadline for the parties to complete a settlement conference or mediation. No case will proceed to trial until the parties have exhausted their efforts at alternative dispute resolution.
Requests without compelling factual support and due diligence will not be granted.
Source text: Without such compelling factual support and a showing of due diligence, requests continuing dates will not be granted.
Conflicts with other CDCA Western Division hearings require 3-day notice to each CRD
Source text: If the conflict is with another hearing before a judge in the Central District of California Western Division, counsel shall notify the CRD for each judge as soon as possible and not later than three (3) days before the scheduled appearance.
Motions in limine must be noticed for hearing at least 4 weeks before Final Pretrial Conference.
Source text: Motions in limine shall be noticed for hearing not later than four (4) weeks before the Final Pretrial Conference date.
Daubert motions must be noticed for hearing at least 9 weeks before Final Pretrial Conference.
Source text: Daubert motions shall be noticed for hearing not later than nine (9) weeks before the Final Pretrial Conference date.
Opposition to ex parte application must be filed within 24 hours of service.
Source text: Following service of the ex parte application by electronic, facsimile, or personal service, the applicant shall notify the opposing party that any opposition must be filed no later than twenty-four (24) hours following service.
Court strongly disfavors changes to scheduled dates; trial dates are firm.
Source text: The Court has a strong interest in keeping scheduled dates certain. Changes in dates are disfavored. Trial dates set by the Court are firm and will not readily be changed.
Requests to continue/extend dates must show good cause with sufficient factual basis.
Source text: Therefore, a request to continue or extend the date of any matter before this Court must be supported by a sufficient factual basis that demonstrates good cause why the change in the date is essential.
Requests for continuance or extension must be submitted at least 5 business days before the deadline.
Source text: Counsel shall avoid submitting requests for continuance or extension of time less than five (5) business days prior to the expiration of the scheduled date.
Continuance requests must include detailed factual showing of good cause and due diligence, with history of previous requests.
Source text: Requests for continuances of pretrial and trial dates must be by motion, stipulation, or application. Each request must include a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance, stating whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court. The Court will not grant requests to continue pretrial and trial dates absent the detailed showing. General statements are insufficient to establish good cause.
Trial continuance requests must be filed at least 1 week before Final Pretrial Conference.
Source text: Counsel shall file requests for continuance of trial at least one (1) week prior to the Final Pretrial Conference. A request to continue dates that have already expired constitutes a presumptive lack of due diligence. Requests extending dates set by the Court are not effective unless approved by the Court.
Opposition to ex parte application must be filed within 24 hours of service.
Source text: Following service of the ex parte application by electronic, facsimile, or personal service, the moving party shall notify the opposing party that any opposition must be filed no later than twenty-four (24) hours following service.
Government must file detention request at least 2 days before hearing.
Source text: If the government intends to request detention of a defendant who is out on bond, it should file a request, stating and applying the applicable standard, at least two days before the hearing.
Meet and confer required 10 days before trial for exhibit stipulations
Source text: The parties must meet and confer at least ten (10) days before trial to stipulate as much as possible to foundation, waiver of the best evidence rule, and exhibits that may be received into evidence at the start of the trial. All such exhibits should be noted as admitted on the Court and Courtroom Deputy Clerk's copy of the exhibit list.
Continuance requests must be by motion/stipulation/application with detailed declaration.
Source text: Requests for continuances of pretrial and trial dates must be by motion, stipulation, or application, and be accompanied by a detailed declaration setting forth the reasons for the requested relief.
Declaration must include history of previous continuance requests and their outcomes.
Source text: The declaration should include whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court.
Court approval required for stipulations extending court-set dates.
Source text: Stipulations extending dates set by the court are not effective unless approved by the Court.
Continuance requests must show good cause, due diligence, and litigation efforts since complaint filing.
Source text: a request or stipulation to continue a trial or pretrial date must be supported by a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance and a description of the parties' efforts, dating back to the filing of the complaint, of the steps they have taken to advance the litigation.
Request must show remaining work couldn't be completed within original deadlines.
Source text: This detailed showing must demonstrate that the work still to be performed reasonably could not have been accomplished within the applicable deadlines.
General statements are insufficient to establish good cause for continuance.
Source text: General statements are insufficient to establish good cause.
Joint continuance requests must clearly state parties' agreement.
Source text: To the extent the request to continue dates is joint, it should state clearly that the parties agree.
Trial conflicts require detailed information about each conflicting case.
Source text: A list of counsel's upcoming scheduled trials in other actions will not support a showing of good cause absent the following information regarding each such action listed: (1) the case name, case number, court where the action is pending, and the initials of the district judge or name of the state court judge assigned to the action; (2) the age of the action; (3) the nature of and complexity of the action; (4) the scheduled trial date; (5) the estimated length of trial; (6) the number of continuances previously granted; (7) the parties' trial
Continuance requests must be filed at least one week before Final Pretrial Conference.
Source text: Counsel shall file requests for continuance of trial at least one (1) week prior to the Final Pretrial Conference.
Motions to compel filed near discovery cutoff date are summarily rejected without showing due diligence and good cause.
Source text: because of an impending Discovery Cutoff date ordered by the assigned District Judge are not permitted and shall be summarily rejected absent a showing of due diligence and good cause why the disputed motion could not have been raised significantly in advance of the Discovery Cutoff date. If no such diligence and cause can be shown, the parties must seek and obtain relief from the District Judge’s scheduling order first before filing a motion to compel.
Pretrial conference within 150 days, trial within 180 days; one 14-day extension allowed.
Source text: The pretrial conference shall be held no later than 150 days and trial no later than 180 days after this agreement is approved by the Court. Extensions are strongly discouraged. Each side will be limited to one extension not to exceed 14 days, absent a showing of compelling circumstances in favor of a longer extension.
Discovery motions due 30 days before discovery ends; informal procedure encouraged.
Source text: Discovery motions shall be filed no later than 30 days before the end of the discovery period. All Federal Rules of Civil Procedure and Local Rules concerning discovery disputes apply. The parties are strongly encouraged to use the Court’s informal discovery procedure, available at https://www.cacd.uscourts.gov/honorable-douglas-f-mccormick.
New trial motions due within 10 days; limited to judicial/jury misconduct or corruption/fraud.
Source text: Motions for a new trial shall be filed within 10 days after notice of entry of a verdict and are limited to judicial misconduct that materially affected the substantial rights of a party, jury misconduct, or corruption, fraud, or other undue means employed in the proceedings of the Court or jury.
Withdrawal from expedited procedure requires leave of Court and showing of good cause.
Source text: A party may seek leave of Court to withdraw from this expedited procedure. Such motions will be granted only upon a showing of good cause.
Defendants not served within 90 days of filing are dismissed unless Court orders otherwise.
Source text: 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).
Form pleadings must be replaced with appropriate pleadings within 30 days of removal.
Source text: 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.
Fictitiously named defendants must be identified and served before Scheduling Conference.
Source text: Plaintiff must identify and serve any fictitiously named defendant(s) before the date of the Scheduling Conference held pursuant to Rule 16(b).
Doe defendants not served within 60 days after Scheduling Conference are dismissed unless additional time is granted.
Source text: 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 motions heard Wednesdays at 10:00 a.m.; if holiday, select another Wednesday.
Source text: This Court hears civil motions on Wednesdays at 10:00 a.m. If Wednesday is a court holiday, select another Wednesday.
Stipulated briefing schedules must provide at least 2 weeks between reply and hearing.
Source text: 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.
Court must be notified within 7 days if parties resolve, withdraw, or don't oppose motion.
Source text: 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.
Ex parte applications require 2 court day notice and 2 court day waiting period before ruling.
Source text: 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.
TRO oppositions must be filed within 48 hours; Court waits 48 hours before ruling.
Source text: 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.
Continuances require detailed showing of good cause with specific diligence requirements.
Source text: 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.
Failure to comply with extension request procedures results in striking or denial; improper resubmission may result in sanctions.
Source text: 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.
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.
Source text: 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.
Ex parte applications to shorten time for motion to compel are prohibited without showing due diligence and good cause.
Source text: Ex parte applications to shorten time for hearing on a motion to compel because of an impending Discovery Cutoff date ordered by the assigned District Judge are not permitted and shall be summarily rejected absent a showing of due diligence and good cause why the disputed motion could not have been raised sufficiently in advance of the Discovery Cutoff date.
Parties must seek relief from scheduling order before filing motion to compel if no due diligence shown.
Source text: If no such diligence and cause can be shown, the parties must seek and obtain relief from the District Judge's scheduling order first before filing a motion to compel.
Extension requests must include existing dates, specific good cause reasons, and history of prior extension requests.
Source text: Applications to extend the time to file any required document or to continue any hearing, Pretrial Conference, or Trial date must set forth the following: (i) The existing due date or hearing date, as well as the discovery cut-off date, the Pretrial Conference date, and the Trial date; (ii) Specific, concrete reasons supporting good cause for granting the extension; and (iii) Whether there have been prior requests for extensions, and whether these requests were granted or denied by the Court.
Must notify court at least one week before hearing if motion is withdrawn or not opposed.
Source text: In the event that the parties are able to resolve a pending motion, they must notify the Court at least one week before the hearing date. Sanctions may issue for failure to comply with this requirement, or the broader requirement in Local Rule 7-16 that any party who intends either to withdraw a motion, to not oppose a motion, or to seek a continuance of the hearing date for a motion, must notify the court by noon on the Tuesday preceding the hearing date.
Continuances are disfavored, and trial dates are firm and rarely changed.
Source text: This Court has a strong interest in keeping scheduled dates certain. Changes in dates are disfavored. Trial dates set by the Court are firm and will rarely be changed.
Continuance or extension requests should be submitted at least 5 court days before the scheduled date expires.
Source text: Counsel shall avoid submitting requests for continuance or extension of time less than five (5) court days prior to the expiration of the scheduled date.
Court strongly disfavors changes to scheduled dates; trial dates are firm
Source text: This Court has a strong interest in keeping scheduled dates certain. Changes in dates are disfavored. Trial dates set by the Court are firm and will rarely be changed.
Continuance requests should not be submitted less than 5 court days before expiration
Source text: Counsel shall avoid submitting requests for continuance or extension of time less than five (5) court days prior to the expiration of the scheduled date.
Requests to extend already-expired dates are presumptively a lack of due diligence
Source text: A request to continue or extend dates or deadlines that have already expired is presumptively a lack of due diligence.
Discovery motions must be filed early enough to obtain responses before discovery cut-off.
Source text: Discovery motions are handled by the Magistrate Judge assigned to the case. Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted.
Continuance requests for Scheduling Conference require good cause.
Source text: A request to continue the Scheduling Conference will be granted only for good cause. The parties should refer to the Court’s Standing Order for additional guidance regarding requests for continuance.
If a hearing is continued, opposition and reply filing deadlines are automatically extended unless the Court says otherwise.
Source text: Rule 7-11: If the hearing date is continued, the deadlines for filing opposing and reply papers are automatically extended unless the Court orders otherwise.
Deadlines for opposing and reply papers are automatically extended if hearing is continued
Source text: (4) Rule 7-11: If the hearing date is continued, the deadlines for filing opposing and reply papers are automatically extended unless the Court orders otherwise.
Continuance of scheduling conference granted rarely, only for good cause, and not if it would delay beyond Rule 16(b) time limit.
Source text: A continuance of the Scheduling Conference will be granted rarely and only for good cause and will not be granted if a continuance would result in the Scheduling Conference being set after the time limit for the Court to issue a Scheduling Order under Rule 16(b).
Continuance requests should not be submitted within 5 business days of the deadline.
Source text: Counsel shall avoid submitting requests for continuance or extension of time less than five (5) business days prior to the expiration of the scheduled date.
Requests to extend already-expired deadlines show presumptive lack of due diligence.
Source text: A request to continue or extend dates or deadlines that have already expired constitutes a presumptive lack of due diligence.
Court strongly disfavors changes to scheduled dates and will not readily change trial dates.
Source text: The court has a strong interest in keeping scheduled dates certain, and changes in dates are disfavored. Trial dates set by the court will not readily be changed.
FPTC and trial dates won't be continued for incomplete expert discovery.
Source text: The Final Pretrial Conference ("FPTC") and trial dates will not be continued merely because expert discovery has not been completed.
Court expects prompt service; good cause required for extensions beyond 90 days.
Source text: Although Rule 4(m) allows 90 days for service of the summons and complaint, the Court expects service to be effectuated more promptly. The Court will require plaintiffs to show good cause to extend the service deadline beyond 90 days.
Failure to provide settlement notification may result in sanctions.
Source text: Failure to comply with this notification requirement may result in the imposition of sanctions on counsel for one or more parties, or their clients, or both.
Summary judgment motions must be noticed at least 35 days in advance; motion deadline typically 8 weeks after discovery cutoff.
Source text: The Court typically sets the motion deadline for 8 weeks after the discovery cutoff. Because the Court requires that the party moving for summary judgment provide no less than 35 days’ notice for such motions, and parties must have the Court’s permission to file a summary-judgment motion, parties are advised to file their opening letter briefs well in advance of the motion cutoff.
Markman hearings must be noticed according to Patent Local Rules and scheduling order; failure may result in delays and sanctions.
Source text: Parties must notice a Markman hearing (as a motion) according to the timeframe specified in the Patent Local Rules and the Court’s scheduling order. See Patent L.R. 4-6. Failure to properly notice will result in delays, and sanctions may be imposed for failure to abide by the Court’s scheduling order. Pursuant to the Patent Local Rules, the Court may make necessary adjustments to the requested Markman hearing date to accommodate the Court’s calendar.
Court may deny extensions even if all parties stipulate.
Source text: The parties are cautioned that the Court will not necessarily grant an extension or continuance simply because all parties have stipulated to it.
Extensions for class certification may be granted based on issue ordering; must include specific date.
Source text: The Court will consider extensions based on the ordering of issues (e.g., if the defendant seeks to file a dispositive motion before class certification) on a case-by-case basis. Any stipulations or applications for relief must include a specific date by which the plaintiff will move for class certification (the Court will not grant an open-ended extension).
Extensions for class certification deadline rarely granted; incomplete discovery not sufficient.
Source text: The Court will rarely grant stipulations or applications to extend that deadline. Specifically, the failure to complete class discovery before the deadline does not constitute good cause to extend the deadline, unless the parties show specific and concrete reasons why, despite their diligence, the failure to complete discovery was unavoidable.
Counsel must meet 10 days before trial to stipulate on exhibit foundation and best evidence rule.
Source text: All counsel are to meet not later than ten (10) days before trial and to stipulate so far as possible as to foundation, waiver of the best evidence rule, and to those exhibits which may be received into evidence at the start of trial.
Court will not automatically grant extensions even if all parties stipulate.
Source text: The parties are cautioned that the Court will not necessarily grant an extension or continuance simply because all parties have stipulated to it.
Extensions for class certification deadline rarely granted; incomplete discovery not sufficient.
Source text: The Court will rarely grant stipulations or applications to extend that deadline. Specifically, the failure to complete class discovery before the deadline does not constitute good cause to extend the deadline, unless the parties show specific and concrete reasons why, despite their diligence, the failure to complete discovery was unavoidable.
Extensions for class certification may be granted for issue ordering; must specify specific date.
Source text: The Court will consider extensions based on the ordering of issues (e.g., if the defendant seeks to file a dispositive motion before class certification) on a case-by-case basis. Any stipulations or applications for relief must include a specific date by which the plaintiff will move for class certification (the Court will not grant an open-ended extension).
Failure to serve within time limits may result in dismissal for lack of prosecution.
Source text: Time limits for service of the complaint are set forth in Fed. R. Civ. P. 4(m). It is important to promptly and properly serve the opposing party, especially with the summons and complaint when initiating an action, because failure to serve within the time limits specified by the Federal Rules may result in the dismissal of your action for lack of prosecution.
Extension requests must be filed ex parte before deadline and demonstrate good cause.
Source text: If you need additional time to oppose the motion, you must file and serve an ex parte application requesting an extension of time prior to the date on which your opposition is due, and must demonstrate that the additional time you seek is warranted and that the requested extension is not a crisis of your creation, thus precluding you from seeking ex parte relief.
Continuance requests should be submitted at least 7 calendar days before the scheduled date.
Source text: Counsel should avoid submitting requests for a continuance less than at least seven (7) calendar days prior to the scheduled date that is the subject of the request.
Stipulations extending discovery beyond cut-off date are not approved except in extraordinary circumstances.
Source text: The Court will not approve stipulations between counsel that permit responses to be served after the cut-off date, except in extraordinary circumstances.
Stipulations extending response deadlines after cut-off require good cause.
Source text: The Court will not approve stipulations between counsel that permit responses to be served after the cut-off date except in unusual circumstances and for good cause shown.
Continuance of Scheduling Conference granted only for good cause.
Source text: Other than as set forth in the preceding paragraph, a continuance of the Scheduling Conference will be granted only for good cause.
Extension requests for opposition must be filed ex parte before due date.
Source text: If you need additional time to oppose the motion, you must file and serve an ex parte application requesting an extension of time before the date on which your opposition is due and you must demonstrate that the additional time you seek is warranted and that the requested extension is not a crisis of your creation, thus precluding you from seeking ex parte relief.
Service expected more promptly than 90 days allowed by FRCP 4(m).
Source text: Although Rule 4(m) allows 90 days for service of the summons and complaint, the Court expects service to be effectuated more promptly. The Court will require plaintiffs to show good cause to extend the service deadline beyond 90 days.
Extensions to page limitations granted only for good cause.
Source text: Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations.
Continuance requests should be made at least 5 court days before deadline.
Source text: Counsel shall avoid submitting such requests less than five (5) court days prior to the expiration of the scheduled date.
Continuance requests for scheduling conference require good cause.
Source text: A request to continue the scheduling conference will be granted only for good cause.
Joint Rule 26(f) Report due date remains unchanged if continuance granted.
Source text: The parties should plan to file the Joint Rule 26(f) Report on the original due date even if a continuance is granted.
Scheduling conference not continued for settlement exploration.
Source text: The Court will not continue the scheduling conference to allow the parties to explore settlement.
Subsequent continuance requests based on same counsel's unavailability require detailed explanation of changed circumstances.
Source text: If a continuance is granted based in whole or in part on counsel's unavailability, the Court expects counsel to be available on the continued date. If another continuance is later requested based in whole or in part on the same counsel's unavailability, counsel shall provide a declaration explaining in detail why counsel is not available, why counsel believed he or she would be available when submitting the prior continuance request, and what unforeseen and unavoidable events occurred in the interim. The failure to provide this information may result in summary denial of the request.
Amendments to expert reports after deadlines presumptively prejudicial; require good cause and no unfair prejudice.
Source text: Amendments to or supplementation of expert reports after the deadlines established herein are presumptively prejudicial and will not be allowed absent prior leave of court upon a showing of good cause the amendment or supplementation could not reasonably have been made earlier and the opposing party is not unfairly prejudiced.
Motion hearing cut-off applies to all non-discovery motions except class certification and trial-related motions.
Source text: The motion hearing cut-off date applies to all non-discovery motions except: (1) motions for class certification, which shall be filed in accordance with the deadline set forth in the Court’s Civil Standing Order, and (2) motions directly related to the conduct of trial, e.g., motions in limine and motions to sever parties or bifurcate issues for trial, which shall be properly noticed for hearing no later than the date of the Final Pretrial Conference.
Lead counsel absence requires 5-day advance notice or emergency to be excused.
Source text: Unless lead trial counsel’s absence is excused by the Court for good cause no less than five (5) court days in advance of the hearing, or is due to an emergency that prevented prior notice, the Court reserves the right to designate the attorney handling such proceeding as lead counsel for all purposes.
Court may postpone scheduling conference if non-lead counsel attempts to attend.
Source text: The Court may choose to postpone the scheduling conference rather than permit counsel other than lead counsel to attend.
Continuance of scheduling conference granted only for good cause.
Source text: Continuance: a continuance of the scheduling conference will be granted only for good cause.
Non-compliance with withdrawal notification may result in sanctions.
Source text: Failure to comply with this notification requirement may result in the imposition of sanctions on the offending counsel or party.
Stipulations allowing responses after cut-off date are not approved except for unusual circumstances with good cause.
Source text: The Court will not approve stipulations between counsel which permit responses to be served after the cut-off date except in unusual circumstances and for good cause shown.
Continuance requests must be made at least 7 days before hearing.
Source text: Any request for a continuance shall be made no later than seven days prior to the date of the hearing.
Requests for continuance of trial must be submitted at least one week before the Final Pretrial Conference.
Source text: Counsel shall avoid submitting requests for continuance of trial less than one (1) week prior to the Final Pretrial Conference.
Continuance of scheduling conference granted only for good cause.
Source text: A continuance of the Scheduling Conference will be granted only for good cause.
Continuances require good cause and are strongly disfavored.
Source text: This Court has a strong interest in keeping scheduled dates certain. Changes in dates are disfavored. Trial dates set by the Court are firm and will rarely be changed. Therefore, a stipulation to continue the date of any matter before this Court must be supported by a sufficient basis that demonstrates good cause why the change in the date is essential.
Continuance requests must demonstrate good cause and compelling factual support.
Source text: This Court has a strong interest in keeping scheduled dates certain. Changes in dates are disfavored. Trial dates set by the Court are firm and will rarely be changed. Therefore, a stipulation to continue the date of any matter before this Court must be supported by a sufficient basis that demonstrates good cause why the change in the date is essential. Without such compelling factual support, stipulations continuing dates set by this Court will not be approved.
Court recommends timeline but allows alternate dates; last motion hearing no later than 8 weeks before first trial filing deadline
Source text: The numbers below represent the court’s recommended timeline. The parties may propose alternate dates based on the needs of each individual case. But in every case, the last date to hear motions shall be no later than eight (8) weeks before the deadline for Trial Filings (First Round), and the deadline for Trial Filings (First Round) and Trial Filings (Second Round) must be no later than four (4) and two (2) weeks before the FPTC, respectively.
Filing a continuance request does not suspend pending deadlines.
Source text: The filing of a continuance request does not suspend any pending deadline, including the time to submit the pretrial conference filings.
Court may order parties to appear to explain continuance requests after prior extensions.
Source text: The Court often orders the parties to appear to explain any continuance request when an extension was previously granted.
Continuance of Scheduling Conference granted only for good cause.
Source text: A continuance of the Scheduling Conference will be granted only for good cause.
Joint continuance requests must state plaintiff and defendant(s) agree.
Source text: If the parties jointly request a continuance, the request should clearly state that the plaintiff and defendant(s) agree.
Counsel's other trial schedules do not constitute good cause for continuance.
Source text: A list of counsel's upcoming scheduled trials in other actions will not support a showing of good cause.
Materials submitted fewer than 2 days before supervision violation hearing require good cause, declaration, and Court approval.
Source text: Any such materials submitted fewer than two (2) days prior to the hearing require a showing of good cause, a supporting declaration, and Court approval.
Continuances only granted by mediator up to court deadline; no requests within 3 business days without extraordinary circumstances.
Source text: Continuances are not favored and can only be granted by the Mediator up to the Court-ordered completion date. Absent extraordinary circumstances, parties cannot request a continuance within three (3) business days of a scheduled mediation.
Deadline for hearing motions to amend pleadings/add parties is Friday
Source text: Last Date to Hear Motion to Amend Pleadings / Add Parties [Friday]
Special court reporter services require 2-week advance notice.
Source text: Any party requesting special court reporter services (i.e., “RealTime” transmission, daily transcripts) shall notify the reporter at least two (2) weeks in advance.
Special court reporter services require 14-day advance notice.
Source text: Any party requesting special court reporter services for any hearing, such as 'RealTime' transmission or daily transcripts, shall notify the court reporter at least fourteen (14) days before the hearing date.
Trial dates set by Court are difficult to change.
Source text: Trial dates set by the Court will not readily be changed.
Requests lacking compelling factual support and due diligence may be denied.
Source text: Without such compelling factual support and showing of due diligence, requests to continue dates set by the Court may be denied.
Requests to continue already-expired dates presumptively lack due diligence.
Source text: A request to continue dates that have already expired constitutes a presumptive lack of due diligence.
Motions filed on unavailable dates risk being stricken.
Source text: 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.
Strategic staging of discovery or settlement discussions do not constitute good cause for continuances.
Source text: 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.
Denial of extension requests is with prejudice.
Source text: Denial of an extension request, including summary denial, is with prejudice. The parties should therefore present all
Parties cannot resubmit denied extension requests using previously submitted or available information.
Source text: A party is not permitted to resubmit a denied extension request with information that was either previously submitted or previously available.
Court will not automatically grant extensions or continuances based on party stipulation.
Source text: The parties are cautioned that the Court will not necessarily grant an extension or continuance simply because all parties have stipulated to it.
Extensions for class certification deadline rarely granted; incomplete discovery not good cause
Source text: The Court will rarely grant stipulations or applications to extend that deadline. Specifically, the failure to complete class discovery before the deadline does not constitute good cause to extend the deadline, unless the parties show specific and concrete reasons why, despite their diligence, the failure to complete discovery was unavoidable.
Extensions for class certification may be granted for issue ordering; must specify specific date
Source text: The Court will consider extensions based on the ordering of issues (e.g., if the defendant seeks to file a dispositive motion before class certification) on a case-by-case basis. Any stipulations or applications for relief must include a specific date by which the plaintiff will move for class certification (the Court will not grant an open-ended extension).
PTC continuances are highly unlikely and failure to complete discovery is not grounds
Source text: A continuance of the PTC at the parties’ request or by stipulation is highly unlikely. Specifically, failure to complete discovery is not a ground for continuance.
Continuances granted only for good cause with focus on diligence and prejudice.
Source text: Continuances will be granted only upon a showing of good cause, focusing on the diligence of the party seeking the continuance and any prejudice that may result if the continuance is denied.
Proposed stipulations extending dates are not effective until Court orders
Source text: Proposed stipulations extending scheduling dates do not become effective unless and until this Court so orders.
Motion deadlines automatically extend if hearing date is continued.
Source text: Rule 7-11: If the hearing date is continued, the deadlines for filing opposing and reply papers are automatically extended unless the Court orders otherwise.
Expert disclosure deadline is four weeks after government's disclosure unless otherwise stipulated or ordered.
Source text: Until such time as a Local Rule fixes another deadline, the parties may jointly propose by stipulation or may by ex parte application seek specific deadlines pursuant to Federal Rule of Criminal Procedure 16(a)(1)(G)(ii) and (b)(1)(C)(ii), relating to the government's and defendant's expert disclosure requirements. In the absence of a Local Rule or case-specific deadline, the deadline shall be four weeks after the government's disclosure.
Counsel must resolve discovery problems without court assistance.
Source text: Counsel are expected to resolve discovery problems without the assistance of the Court.
Parties may choose to cut off expert discovery before summary judgment deadline
Source text: The parties may choose to cut off expert discovery prior to the deadline to file a motion for summary judgment.
Discovery should begin before scheduling conference
Source text: The parties should begin to propound discovery before the Scheduling Conference.
Firm discovery deadlines set at scheduling conference.
Source text: At the Scheduling Conference, the court will impose firm deadlines governing the completion of discovery.
Discovery should begin before Scheduling Conference unless Court orders otherwise.
Source text: 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.
How do I request an adjournment or extension in Central District of California?
Central District of California rules specify what an adjournment or extension request must include. Date changes are disfavored, trial dates are firm, and the Court may advance trial by up to two weeks.
How do I request an adjournment or extension in Central District of California?
Central District of California rules specify what an adjournment or extension request must include. Motions to compel must be filed before discovery cutoff.
How do I request an adjournment or extension in Central District of California?
Requests should be made at least 1 week in advance when this rule applies in Central District of California. Avoid continuance requests within 1 week of FTPC; expired dates show lack of due diligence.
Related categories
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Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
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