Central District of California Document Filing Requirements

Applies to

Complaint

Must include

caption

Complaints must list all causes of action on face-page in numbered list.

The face-page of the Complaint must state the title of all of its causes of action in a numbered list below the case number. If the initial Complaint lacks this list, it need not be re-filed, but amended Complaints must include this list.

Applies to

Appearance

Must include

notice of appearance

Lead counsel must appear for scheduling and final pretrial conferences.

The Court requires lead counsel to appear for scheduling conferences and the Final Pretrial Conference.

Applies to

Motion

Must include

proposed order

Proposed orders required with any motion, must follow template format and specific formatting rules.

A party seeking any court order on any matter must include with their filing a Proposed Order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. See Local Rules 7-20, 52-4.1. A Proposed Order template is available on Judge Birotte’s webpage. Proposed Orders should substantially comply with the template’s format. Proposed Orders must be on pleading paper and must not include attorney information on the caption page, a footer, a watermark, or any text after the lines for the Judge’s signature on the last page.

Applies to

Notice of motion

Must include

local rule certificate

Motion must include prominent statement of compliance with Local Rule 7-3.

A Notice of Motion must include a statement of compliance with Local Rule 7-3. The statement of compliance must be prominent, as the Court will not search a filing for the statement.

Applies to

Evidence

Must include

certificate of service

Evidence must be marked with brackets to identify cited portions.

Marking Evidence: Parties must mark evidence they file in connection with any motion or other proceeding so that the Court can readily identify the portion the party wants the Court to consider. For example, use brackets in the margins of transcripts to denote the cited portions.

Applies to

Motion to amend

Must include

proposed order

Motions to amend must comply with Local Rule 15-1 and include specific requirements.

Motions to amend pleadings must comply with Local Rule 15-1, and must:(1) state the effect of the proposed amendment; (2) be serially numbered to differentiate the amendment from previous amendments; (3) state the page and line number(s) and wording of any proposed change or addition of material; and (4) include as an attachment a redlined version of the proposed amended pleading indicating all additions and deletions of material.

Applies to

Motion for default judgment

Must include

proposed order

Motions for default judgment must include evidence and proposed order addressing specific requirements.

Motions for default judgment under Fed. R. Civ. P. 55(b) must be supported by evidence and must be accompanied by a full proposed Order addressing the procedural requirements of Local Rule 55-1 and the factors set forth in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). Motions omitting any of these will be denied.

Applies to

Summary judgment motion

Must include

proposed order

Summary judgment motions must comply with Local Rule 56.

Summary Judgment/Rule 56 Motions must comply with Local Rule 56, which was substantially revised on June 1, 2023.

Applies to

Summary judgment motion

Must include

proposed order

No party may file more than one Rule 56 motion without leave of court.

No party may, without leave of Court, file more than one motion under Fed. R. Civ. P. 56, regardless of whether such motion is denominated a motion for...

Applies to

Ex parte application

Must include

service by fax, service by email, service by personal service

Ex parte applications must be served by email, fax, or personal service in addition to Local Rule 5-3.

Service must be made in compliance with Local Rule 5-3, and the moving party must also serve the nonmoving party by email, fax, or personal service.

Applies to

Motion

Must include

statement of uncontroverted facts

Rule 56 motions require Statement of Uncontroverted Facts, Statement of Genuine Disputes, and Response to Statement of Genuine Disputes, all complying with Local Rule 56 format.

Local Rule 56 was substantially revised on June 1, 2023 to require as follows: A party moving under Fed. R. Civ. P. 56 must file with the motion a Statement of Uncontroverted Facts, the opposing party must file a Statement of Genuine Disputes, and the moving party must file a Response to Statement of Genuine Disputes. The parties MUST file these documents, and the documents MUST comply with the format set forth in Local Rule 56. The Court may disregard non-compliant filings.

Applies to

Motion

Only file specific evidence with brackets marking relevant portions; unmarked transcripts will be disregarded.

A party must file only the specific evidence necessary to support or controvert a proposed undisputed fact. Counsel must use brackets to mark the relevant portions of transcripts. The Court will disregard unmarked transcripts.

Applies to

Motion

Evidence must be filed by stipulation or as exhibits to declarations, not attached to the memorandum.

Evidence must be filed either by stipulation or as exhibits to declarations sufficient to authenticate the proffered evidence, and must not be attached to the memorandum.

Applies to

Motion

Blanket or boilerplate objections to opponent's evidence will be disregarded.

Do not submit blanket or boilerplate objections to an opponent’s evidence. They will be disregarded.

Applies to

Ex parte application

Must include

statement of opposing counsel position

Ex parte applications must conform to Local Rules 7-19 and 7-19.1 or will not be considered.

Applications that do not conform with Local Rules 7-19 and 7-19.1, such as by omitting a statement of opposing counsel’s position, will not be considered.

Applies to

Ex parte application

Reply papers for ex parte applications are not permitted without leave of Court.

Absent leave of Court, the Court will not consider reply papers in support of an ex parte application.

Applies to

Injunction application

Must include

compliance with local rule 65, compliance with fed r civ p 65

Preliminary or emergency injunctive relief must comply with Fed. R. Civ. P. 65 and Local Rule 65.

Parties seeking preliminary or emergency injunctive relief must comply with Fed. R. Civ. P. 65 and Local Rule 65.

Applies to

Summary judgment motion

Court will not hear summary judgment motions in ERISA cases without an agreed statement of facts.

Absent an agreed upon statement of facts, the court will not hear motions for summary judgment.

Applies to

Bankruptcy appeal

Must include

compliance with notice regarding appeal

Bankruptcy appeals must comply with the Notice Regarding Appeal from Bankruptcy Court.

Counsel must comply with the Notice Regarding Appeal from Bankruptcy Court issued at the time the appeal is filed in the District Court.

Applies to

All

Must include

fax number, email address, telephone number

Counsel must include contact info on all papers

Counsel must include on all papers their email address, telephone number, and fax number to facilitate communication with the CRD.

Applies to

Various

Must include

template following

Must use Court-provided templates for specified filings

The Court's Standing Order, Order Setting Scheduling Conference, Schedule of Pretrial and Trial Dates Worksheet, Order Re: Jury/Court Trial, and templates for Proposed Orders and the Proposed Final Pretrial Conference Order and certain trial filings are available on Judge Birotte's webpage. If the Court has provided a template for any filing, the parties must follow it.

Applies to

Standing order

Must include

service on all parties

Order must be served on all parties by plaintiff or removing defendant

Counsel for plaintiff (or plaintiff, if appearing pro se) must immediately serve this Order on all parties, including any new parties to the action. If this case was removed to this Court from state court, the removing defendant(s) must serve this Order on all other parties.

Applies to

Proof of service

Must include

certificate of service

Plaintiff must promptly serve the complaint and file proof of service.

Plaintiff shall promptly serve the complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Local Rule 5-3.1.

Applies to

Discovery related document

Must include

caption

Discovery-related documents must include “DISCOVERY MATTER” in the caption.

All discovery-related documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing.

Applies to

Motion to amend

Motions to amend must explain the amendment’s effect and specify page/line and wording of each proposed change or addition.

In addition to the requirements of Local Rule 15-1, all motions to amend pleadings shall: (1) state the effect of the amendment and (2) identify the page and line number(s) and wording of any proposed change or addition of material.

Applies to

Motion to amend

Counsel must e-file a Notice of Lodging and attach the proposed amended pleading as a separate document from the motion.

Counsel shall electronically file a “Notice of Lodging,” attaching the proposed amended pleading as a document separate from the motion,

Applies to

Motion to amend

Moving papers must include an appendix with a redlined proposed amended pleading showing all additions and deletions.

and shall attach as an appendix to the moving papers a “redlined” version of the proposed amended pleading indicating all additions and deletions of material.

Applies to

Separate statement of uncontroverted facts

In the separate statement, the left column must contain each allegedly undisputed fact and the right column must cite supporting evidence.

The left-hand column sets forth the allegedly undisputed fact. The right-hand column sets forth the evidence that supports the factual statement.

Applies to

Statement of genuine disputes of material fact

In the opposing statement, the left column must restate each asserted fact and the right column must mark it as undisputed or disputed.

The left- hand column must restate the allegedly undisputed fact, and the right hand column must state either that it is undisputed or disputed.

Applies to

Statement of genuine disputes of material fact

If disputing only part of a fact statement, the opposing party must identify the disputed part and provide a brief citation to controverting evidence.

The opposing party may dispute all or only a portion of the statement, but if disputing only a portion, it must clearly indicate what part is being disputed, followed by a brief citation to the opposing party’s evidence controverting the fact.

Applies to

Statement of genuine disputes of material fact

To show a factual dispute, the opposing party must explain why, cite relevant evidence, and describe how that evidence refutes the asserted fact.

To demonstrate that a fact is disputed, the opposing party must briefly state why it disputes the moving party’s asserted fact, cite to the relevant exhibit or other piece of evidence, and describe what it is in that exhibit or evidence that refutes the asserted fact.

Applies to

Summary judgment reply response

A moving party must file a reply response that restates each fact and indicates whether it is disputed, with no further response needed for undisputed facts.

With its Reply, the moving party shall file a Response to the Statement of Genuine Disputes of Material Fact and Additional Material Facts. For each fact, the Response shall restate the allegedly undisputed fact and state whether the fact is disputed or undisputed by the opposing party. If the fact is undisputed, no further response is required.

Applies to

Summary judgment reply response

The response must include all asserted facts and cited evidence, and parties must not repeat evidence descriptions or citations already provided.

All facts asserted by either party, whether disputed or undisputed, and all supporting evidence cited, shall be included in the Response. DO NOT REPEAT DESCRIPTIONS OF AND CITATIONS TO THE EVIDENCE. If you have already described and cited the evidence once, simply refer to the earlier citation succinctly (e.g., See supra, Fact # 1).

Applies to

Motion

Must include

proposed order

Any party filing or opposing a motion must serve and electronically lodge a proposed order stating requested relief and a brief cited rationale.

Each party filing or opposing a motion or seeking the determination of any matter shall serve and electronically lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations.

Applies to

Ex parte application

Ex parte applications must comply with Local Rules 7-19/7-19.1 and include opposing counsel’s position unless specific good cause is shown.

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.

Applies to

Continuance or extension request

Must include

proposed order

Continuance/extension requests must be filed by stipulation and include a proposed order with a detailed declaration of grounds.

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.

Applies to

Jury instructions

Must include

joint submission

Joint jury instructions and verdict form must be submitted.

The parties must submit JOINT jury instructions and a JOINT proposed verdict form.

Applies to

Standing order

Must include

certificate of service

Plaintiff's counsel must serve this order on all parties; if removed, removing defendant must serve.

COUNSEL FOR PLAINTIFFS SHALL SERVE THIS ORDER IMMEDIATELY ON ALL PARTIES AND/OR THEIR COUNSEL, INCLUDING ANY NEW PARTIES TO THE ACTION. IF THIS CASE WAS REMOVED FROM STATE COURT, DEFENDANT WHO REMOVED THE CASE SHALL SERVE THIS ORDER ON ALL OTHER PARTIES.

Applies to

Complaint

Must include

proof of service

Plaintiff must serve complaint under FRCP 4 and file proof of service; unserved defendants dismissed without prejudice.

Plaintiff shall promptly serve the complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Local Rule 5-3.1. Any defendant not timely served under Fed. R. Civ. P. 4(m) shall be dismissed from the action without prejudice.

Applies to

Discovery motion

Must include

caption

All discovery matters referred to Magistrate Judge; include 'DISCOVERY MATTER' in caption.

All discovery matters have been referred to the assigned United States Magistrate Judge, who will hear all discovery disputes. The Magistrate Judge's initials follow the District Judge's initials next to the case number. All discovery-related documents must include the words 'DISCOVERY MATTER' in the caption to ensure proper routing.

Applies to

Motion to amend

Must include

proposed changes, serial numbering, page line numbers +1 more

Motions to amend must state effect, identify changes by page/line, and be serially numbered.

In addition to the requirements of Local Rule 15-1, all motions to amend pleadings shall: (1) state the effect of the amendment and (2) identify the page and line number(s) and wording of any proposed change or addition of material. The proposed amended pleading shall be serially numbered to differentiate it from previously amended pleadings.

Applies to

Motion to amend

Must include

notice of lodging, redlined version appendix, proposed amended pleading separate

Notice of Lodging required with proposed amended pleading and redlined version as appendix.

Counsel shall electronically file a “Notice of Lodging,” attaching the proposed amended pleading as a document separate from the motion, and shall attach as an appendix to the moving papers a “redlined” version of the proposed amended pleading indicating all additions and deletions of material.

Applies to

Motion for summary judgment

Must include

one motion per side, hearing before final pretrial conference

Summary judgment motions can be filed anytime before final pretrial conference; one per side allowed.

Parties need not wait until the motion cutoff to bring motions for summary judgment or partial summary judgment. The hearing on any such motion shall be set for a date in advance of the Final Pretrial Conference. Each side may bring one motion for summary judgment or partial summary judgment.

Applies to

Statement of genuine disputes

Must include

cite relevant evidence, state reason for dispute, describe evidence refutation

To dispute a fact, must state reason, cite evidence, and describe how evidence refutes the fact.

To demonstrate that a fact is disputed, the opposing party must briefly state why it disputes the moving party’s asserted fact, cite to the relevant exhibit or other piece of evidence, and describe what it is in that exhibit or evidence that refutes the asserted fact.

Applies to

Motion

Must include

proposed order

Proposed order required for all motions, emailed to chambers in Word/WordPerfect format on filing day.

Each party filing or opposing a motion or seeking the determination of any matter shall serve and electronically lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. In addition, a copy of the Proposed Order in Word or WordPerfect format shall be emailed to Judge Gee's generic chambers e-mail address using the CM/ECF System on the day the document is e-filed.

Applies to

Ex parte application

Must include

certificate of service

Ex parte applications must conform to Local Rules 7-19 and 7-19.1 or will not be considered

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.

Applies to

Ex parte application

Must include

certificate of service

Ex parte applications must be electronically served if possible; service complete upon e-filing

The moving party shall electronically serve the opposing party, if possible. A party is considered served once the ex parte application has been e-filed (all parties set up for electronic service are sent a notification of ECF filing each time a document is e-filed with a link to the document).

Applies to

Ex parte application

Must include

certificate of service

Opposing papers must be e-filed within 24 hours of ex parte service

Following service of the ex parte papers by electronic service, fax, or personal service, the moving party shall notify the opposition that opposing papers must be e-filed no later than twenty-four (24) hours following service.

Applies to

Scheduling meeting report

Must include

jointly signed

Counsel must meet 21 days before scheduling conference and submit joint report 14 days before.

Counsel shall meet at least twenty-one (21) days in advance of the Scheduling Conference to prepare a jointly signed report for the court to be submitted no less than fourteen (14) days before the Scheduling Conference.

Applies to

Scheduling meeting report

Must include

jointly signed

Joint report must include items from Fed. R. Civ. P. 26(f), 16(b)(1)-(6), and 16(c).

The joint report to be submitted shall contain the items listed in Fed. R. Civ. P. 26(f), the parties’ recommendations and agreements, if any, about the final scheduling order as listed in Fed. R. Civ. P. 16(b)(1) through (6), and those items listed in Fed. R. Civ. P. 16(c) which counsel believe will be useful to discuss at the Scheduling Conference.

Applies to

Scheduling meeting report

Must include

jointly signed

Joint report must address discovery plan, motion schedule, settlement efforts, and trial timing.

Items which must be addressed are the following: (1) initial disclosures, preservation of discoverable information, and a discovery plan, including a listing and proposed schedule of written discovery, depositions, and a proposed discovery cut-off date; (2) a listing and proposed schedule of law and motion matters, and a proposed dispositive motion cut-off date; (3) a statement of what efforts have been made to settle or resolve the case to date and what settlement procedure is recommended pursuant to Local Rule 16-15.4 (specifically excluding any statement of the terms discussed); (4) an estimated length of trial and a proposed date for the final pretrial conference and for trial;

Applies to

Joint scheduling report

Must include

local rule certificate

Joint Scheduling Report must comply with Fed. R. Civ. P. 16, 26(f), and this Order; non-compliance may result in continuance and sanctions.

The report to the Court as to the above items should be preceded by a thorough and frank discussion among the attorneys for the parties. A Joint Scheduling Report which does not comply with Fed. R. Civ. P. 16, 26(f), and this Order may cause continuance of the Scheduling Conference and a possible award of sanctions under Rule 16(f) against the party or parties responsible.

Applies to

Order

Must include

certificate of service

Plaintiff's counsel must immediately serve this Order on all parties, including new parties.

Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action.

Applies to

Jury instructions

Must include

joint submission, disputed instructions

Disputed jury instructions must be submitted at least one week before trial.

Where the parties cannot agree, disputed instructions shall be submitted at least one week before trial as follows: (1) JOINT jury instructions (those instructions agreed to by all parties), and (2) DISPUTED jury instructions (those instructions propounded by a party to which another party objects).

Applies to

Jury instructions

Must include

objection basis, supporting authority, alternative instruction

Opposing party must state basis for objection to disputed instructions.

On a separate page following each disputed jury instruction, the party opposing the instruction shall briefly state the basis for the objection, any authority in support thereof and, if applicable, an alternative instruction.

Applies to

Jury instructions

Must include

supporting authority, response to objection

Proposing party must respond to objections with supporting authority.

On the following page, the party proposing the disputed instruction shall briefly state its response to the objection, and any authority in support of the instruction.

Applies to

Jury instructions

Must include

citation, full text, numbering

Each jury instruction must be numbered and cited on separate page.

Each requested jury instruction shall be numbered and set forth in full on a separate page, citing the authority or source of the requested instruction.

Applies to

Jury instructions

Must include

title, source, index page +2 more

Index page required for jury instructions with specific details.

An index page shall accompany all jury instructions submitted to the Court. The index page shall indicate the following: a. The number of the instruction; b. A brief title of the instruction; c. The source of the instruction; and d. The page number of the instruction.

Applies to

Sealed document

Must include

chambers copy, proposed order

Chambers copies and proposed orders are mandatory for sealed documents.

Mandatory Chambers Copies & Proposed Orders

Applies to

Sealed document

Must include

local rule certificate

Documents filed under seal must be linked to the court order granting permission.

Any document filed under seal must also be linked to the court order granting permission to so file. See L.R. 79-5.2.2 (c) (eff. 12/1/15).

Applies to

Sealed declaration

Must include

local rule certificate

Protective order declarations must use "Sealed Declaration in Support" event.

Note that, if you are the party that has designated a document confidential pursuant to a protective order, L.R. 79-5.2.2(b)(i) requires you to file a Declaration explaining why the documents should be filed under seal. You should use the "Sealed Declaration in Support" event to file this declaration.

Applies to

Application for leave to file under seal

Must include

declaration, proposed order, redacted documents +1 more

Application for Leave to File Under Seal must include declaration, proposed order, redacted and unredacted documents.

Your Application must be accompanied by: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of the documents proposed to be filed under seal. L.R. 79-5.2.2(a)-(b) (eff. 12/1/15).

Applies to

Sealed document

Must include

proposed order

Proposed orders must be emailed to chambers; sealed documents require sealed envelopes with title page.

A Word Perfect or Microsoft Word version of the proposed order must be emailed to chambers as required by L.R. 5-4.4.2, and mandatory chambers copies of e-filed sealed documents must be provided to chambers pursuant to L.R. 5-4.5, just as with any e-filed documents. However, mandatory chambers copies must be provided in sealed envelopes, with a copy of the title page attached to the front of each envelope. L.R. 79-5.2.2(a).

Applies to

Application for leave to file under seal

Must include

declaration, proposed order, redacted documents +1 more

Application for Leave to File Under Seal requires declaration, proposed order, redacted and unredacted documents.

Local Rule 79-5.2.2 requires that certain documents be filed with the Application: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of any documents proposed to be filed under seal.

Applies to

Sealed document

Must include

caption

Document caption must be entered in a free text field and must not contain confidential information.

On the next screen, enter the document caption in the free text field. Remember that this text will be publicly visible, so do not include confidential information here. Click “Next.”

Applies to

Proposed order

Proposed order must include an alternative signature line with options for return of documents.

Proposed order shall have an alternative signature line in case it's denied: (Add an option below for return of documents) 1. Attorney shall retrieve the chambers copy of the document(s); or, 2. Clerk destroys the chambers copy of the document(s).

Applies to

Initiating document

Must include

notice of electronic filing

Most civil initiating documents must be e-filed.

The initiating documents (e.g., complaints and notices of removal) of most civil cases must be e-filed. See Local Rule 3-2.

Applies to

Complaint

Must include

certificate of service

Plaintiff must promptly serve complaint per FRCP 4 and file proofs of service.

Service is governed by Federal Rule of Civil Procedure 4. The plaintiff shall promptly serve the complaint in accordance with Rule 4 and file the proofs of service.

Applies to

Removed case documents

Must include

notice of electronic filing

All state court documents must be refiled in federal court after removal.

All documents filed in state court, including documents appended to the complaint, answers, and motions, must be refiled in this Court as a supplement to the notice of removal. See 28 U.S.C. § 1447(b). If the defendant has not yet answered or filed a pre-answer motion, the defendant’s answer or motion must be filed in this Court and must comply with the Federal Rules of Civil Procedure and the Local Rules. If a motion was pending in state court before the case was removed, it must be re-noticed for hearing in this Court.

Applies to

Pleading

Must include

caption, judge name, case number

Form pleadings must be replaced with proper pleadings within 30 days of removal.

If the complaint, answer, or any similar pleading in an action that is removed to this Court consists of only a form 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 the filing of the Notice of Removal. The new pleading must comply with the requirements of Federal Rules of Civil Procedure 7 through 11.

Applies to

Amended pleading

Must include

caption, judge name, case number

Doe defendants must be substituted within 90 days or earlier scheduling deadline with good cause.

Generally, in conformity with Federal Rule of Civil Procedure 15(c)(1)(C), real parties in interest shall be identified and substituted for “Doe” defendants within the 90-day time limit set forth set forth in Rule 4(m). Where the Court issues a scheduling order that sets an earlier deadline for the filing of motions to add parties or amend pleadings, that deadline must be met. Plaintiffs seeking to substitute parties after the earlier of these two dates must establish good cause to do so. See Fed. R. Civ. P. 4(m).

Applies to

Supplemental brief

Must include

leave of court

Supplemental briefs require prior court leave.

No supplemental briefs may be filed without prior leave of court.

Applies to

Motion

Must include

specific evidence only

Only specific evidence items allowed; no entire transcripts or responses.

Parties shall not proffer evidence other than the specific items of evidence or testimony in support of or in opposition to a motion. For example, the parties should provide excerpts rather than entire deposition transcripts or entire sets of interrogatory responses.

Applies to

Motion

Must include

evidence authentication

Admissible evidence must be authenticated by stipulation, declaration, or other means.

Where a motion must be supported by admissible evidence, authenticity must be established by stipulation of the parties, declaration, or other appropriate means.

Applies to

Motion to amend

Must include

redlined version

Motions to amend require redlined version of proposed amended pleading.

In addition to meeting the requirements of Local Rule 15-1, counsel shall attach as an appendix to the moving papers a “redlined” version of the proposed amended pleading indicating all additions and deletions of material.

Applies to

Motion to amend

Must include

amendment effect, page line changes

Motions to amend must state effect and identify page/line changes.

All motions to amend pleadings shall: (1) state the effect of the amendment and (2) identify the page and line number(s) and wording of any proposed change or addition of material.

Applies to

Proposed amended pleading

Must include

serial numbering

Proposed amended pleadings must be serially numbered.

The proposed amended pleading shall be serially numbered to differentiate it from previously amended pleadings (e.g., “Second Amended Complaint” or “Third Amended Answer and Counterclaims”).

Applies to

Summary judgment motion

Must include

only one permitted

Only one summary judgment motion allowed per case.

A party may file only one summary judgment motion in a case.

Applies to

Statement of uncontroverted facts

Must include

local rule certificate

Statement of Uncontroverted Facts must follow Local Rule 56-1 format

The Statement of Uncontroverted Facts and Conclusions of Law (“Statement of Uncontroverted Facts”), as required by Local Rule 56-1, shall be formatted based on the following example:

Applies to

Statement of genuine disputes

Must include

local rule certificate

Opposing party's Statement of Genuine Disputes must be in two-column format tracking movant's facts

The opposing party’s Statement of Genuine Disputes of Material Fact (required by Local Rule 56-2) must be in two columns and track the movant’s Statement of Uncontroverted Facts exactly as prepared, but must combine the moving party’s fact statements and the supporting evidence into one column.

Applies to

Statement of uncontroverted facts

No legal argument allowed in fact statements; reserve for briefs

No legal argument should be set forth in the Statement of Uncontroverted Facts or the Statement of Genuine Disputes of Material Fact. Legal argument should be reserved for the parties’ briefs.

Applies to

Statement of evidentiary objections

Evidentiary objections must be in separate two-column statement

If a party relies in whole or in part on an evidentiary objection to dispute a material fact, the ground(s) of the objection(s) shall be succinctly stated in a separate statement of evidentiary objections in a two-column format.

Applies to

Statement of evidentiary objections

Evidentiary objection statement requires two-column format with specific content

The left column should identify and describe the item(s) objected to (including page and line number if applicable) and the right column should set forth a concise objection (e.g., hearsay, lacks foundation, etc.) with a citation to the Federal Rules of Evidence or, where applicable, a case citation.

Applies to

Response to objections

Responses to objections must follow same two-column format as original objections

Any response to the objections shall incorporate and build upon the two-column format set forth in the objections in the same manner as the Statement of Genuine Disputes of Material Fact incorporates and builds upon the Statement of Uncontroverted Facts.

Applies to

Motion to amend

Motions to amend must include redlined appendix, statement of effect, and page/line identification of changes.

counsel shall attach as an appendix to the moving papers a "redlined" version of the proposed amended pleading indicating all additions and deletions of material. All motions to amend pleadings shall: (1) state the effect of the amendment and (2) identify the page and line number(s) and wording of any proposed change or addition of material. The proposed amended pleading shall be serially numbered to differentiate it from previously amended pleadings (e.g., "Second Amended Complaint" or "Third Amended Answer and Counterclaims").

Applies to

All

Must include

fax number, phone number, email address

All filings must include counsel's contact information.

Counsel must include on all papers their email address, telephone number, and fax number to facilitate communication with the CRD.

Applies to

Proposed order

Must include

proposed order

Proposed orders required with any court order request, must follow template format and specific formatting rules.

A party seeking any court order on any matter must include with their filing a Proposed Order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. See Local Rules 7-20, 52-4.1. A Proposed Order template is available on Judge Birotte’s webpage. Proposed Orders should substantially comply with the template’s format. Proposed Orders must be on pleading paper and must not include attorney information on the caption page, a footer, a watermark, or any text after the lines for the Judge’s signature on the last page.

Applies to

Motion to amend

Must include

local rule certificate

Motions to amend must comply with Local Rule 15-1 and include specific requirements.

All motions to amend pleadings must comply with Local Rule 15-1, and must:(1) state the effect of the proposed amendment; (2) be serially numbered to differentiate the amendment from previous amendments; (3) state the page and line number(s) and wording of any proposed change or addition of material; and (4) include as an attachment a redlined version of the proposed amended pleading indicating all additions and deletions of material.

Applies to

Motion for default judgment

Must include

evidence, proposed order, local rule certificate

Motions for default judgment must include evidence and a full proposed order addressing Local Rule 55-1 and Eitel factors.

Motions for default judgment under Fed. R. Civ. P. 55(b) must be supported by evidence and must be accompanied by a full proposed Order addressing the procedural requirements of Local Rule 55-1 and the factors set forth in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). Motions omitting any of these will be denied.

Applies to

Summary judgment motion

Must include

local rule certificate

Summary judgment motions must comply with Local Rule 56 (revised June 1, 2023).

Summary Judgment/Rule 56 Motions must comply with Local Rule 56, which was substantially revised on June 1, 2023.

Applies to

Summary judgment motion

Must include

statement of genuine disputes, statement of uncontroverted facts, response to statement of genuine disputes

Local Rule 56 requires Statement of Uncontroverted Facts, Statement of Genuine Disputes, and Response to Statement of Genuine Disputes for summary judgment motions.

Local Rule 56 was substantially revised on June 1, 2023 to require as follows: A party moving under Fed. R. Civ. P. 56 must file with the motion a Statement of Uncontroverted Facts, the opposing party must file a Statement of Genuine Disputes, and the moving party must file a Response to Statement of Genuine Disputes. The parties MUST file these documents, and the documents MUST comply with the format set forth in Local Rule 56. The Court may disregard non-compliant filings.

Applies to

Proposed final pretrial conference order

Must include

notice of electronic filing

Proposed FPTCO must be emailed to chambers as Microsoft Word file.

The parties must email a Microsoft Word file of the Proposed FPTCO to chambers at AB_Chambers@cacd.uscourts.gov .

Applies to

Pretrial documents

Must include

notice of electronic filing

Most pretrial documents must be emailed as Microsoft Word files to chambers.

Except for motions in limine, oppositions, the Joint Status Report Regarding Settlement, and Declarations containing direct testimony, Counsel must email Microsoft Word files of all of the below pretrial documents, including any amended documents, to chambers at AB_Chambers@cacd.uscourts.gov .

Applies to

Pretrial documents

Must include

notice of electronic filing

Pretrial documents have specific filing deadlines.

The schedule for filing pretrial documents is as follows:

Applies to

Jury instruction

Must include

citation, numbered, complete text +3 more

Requested jury instructions must cite source, be complete, on separate pages, numbered, cover one subject, and not repeat other instructions.

Format: Each requested instruction must (1) cite the authority or source of the instruction, (2) be set forth in full, (3) be on a separate page, (4) be numbered, (5) cover only one subject or principle of law, and (6) not repeat principles of law contained in any other requested instruction. If a standard instruction has blanks or offers options (i.e. “he/she”), the parties must fill in the blanks or make the appropriate selections in their proposed instructions so that the proposed instruction is ready to use as-is.

Applies to

Jury instruction

Proposed jury instructions must include an index with instruction number, title, source, and page number.

Index: The Proposed Instructions must have an index that includes the following for each instruction, as illustrated in the example below:  the number of the instruction;  the title of the instruction;  the source of the instruction and any relevant case citations; and  the page number of the instruction.

Applies to

Verdict form

Must include

joint proposed

Joint Proposed Verdict Form due 14 days before FPTC; if parties disagree, file Competing Proposed Verdict Forms with redlines and legal basis.

The parties must file a Joint Proposed Verdict Form no later than 2 weeks (14 days) before the FPTC. The parties must make every attempt to agree upon a verdict form. If the parties are unable to agree on a verdict form, the parties must file one document titled “Competing Proposed Verdict Forms” which must include: (i) the parties’ respective proposed verdict form; (ii) a “redline” of any disputed language; and (iii) the factual or legal basis for each party’s respective position.

Applies to

Statement of case

Must include

joint proposed

Joint Proposed Statement of the Case due 14 days before FPTC; must be brief neutral statement, no more than one page.

The parties must file a Joint Proposed Statement of the Case by 2 weeks (14 days) before the FPTC. This is the statement the Court will read to the panel of prospective jurors before commencement of voir dire. This should be a brief neutral statement, no more than one page long.

Applies to

Proposed order

Must include

proposed order

Proposed order must include alternative signature line with instructions for denied sealing request.

Proposed order shall have an alternative signature line in case it's denied: 1. Counsel shall publically file the document(s), if the party wants the Court to consider the document(s); (Add an option below for return of documents) 2. Attorney shall retrieve the chambers copy of the document(s); or, 3. Clerk destroys the chambers copy of the document(s).

Applies to

Application to seal

Party seeking sealing must provide factual or legal justification for good cause or compelling reasons for each document.

There is a strong presumption of access in civil cases. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). For each document or other type of information sought to be filed under seal, the party seeking protection must identify and discuss the factual or legal justification for the Court to find "good cause" or "compelling reasons," as appropriate, that such document or type of information should be protected. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1179-80 (9th Cir. 2006).

Applies to

Application to seal

Sealing must be justified individually; blanket claims are not allowed and may result in denial; meritless requests may lead to complete rejection.

Sealing must be justified for each individual item to be sealed or redacted; blanket claims of confidentiality are not allowed and will result in a denial of the application to seal. Counsel is strongly encouraged to consider carefully whether sealing or redaction is required for a given piece of evidence or argument. The inclusion of clearly meritless requests to seal or redact documents may result in the complete rejection of an application to seal.

Applies to

Application for leave to file under seal

Must include

proposed order

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

Your Application must be accompanied by: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of the documents proposed to be filed under seal.

Applies to

Proposed order

Must include

proposed order

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

A Word Perfect or Microsoft Word version of the proposed order must be emailed to chambers as required by L.R. 5-4.4.2

Applies to

Application for leave to file under seal

Must include

proposed order

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

Electronically filing an Application for Leave to File Under Seal is a two-step process. Local Rule 79-5.2.2 requires that certain documents be filed with the Application: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of any documents proposed to be filed under seal.

Applies to

Joint rule 26f report

Joint Rule 26(f) Report must include a statement of settlement discussions held to date.

The parties MUST include a statement of what settlement discussions have occurred to date (excluding any statement of the terms discussed).

Applies to

Joint rule 26f report

Joint Rule 26(f) Report must indicate the parties' preferred ADR procedure.

The parties must also indicate their preferred ADR Procedure.

Applies to

Joint rule 26f report

Joint Rule 26(f) Report must include a completed Schedule of Pretrial and Trial Dates Worksheet.

Complete this Worksheet and include it with your Joint Rule 26(f) Report. The parties MUST file a completed Worksheet with their Joint Rule 26(f) Report.

Applies to

Joint rule 26f report

Joint Rule 26(f) Report must include a realistic trial estimate; if over 4 court days, counsel must discuss basis in detail.

A realistic estimate, in days, of the court time required for trial and whether trial will be by jury or by court. If the time estimate for trial given in the Joint Rule 26(f) Report exceeds four court days, counsel must be prepared to discuss in detail the basis for the estimate.

Applies to

Complaint

Complaints must include a numbered list of all causes of action on the face-page.

Complaints must include a numbered list of all causes of action on the face-page.

Applies to

Motion

Must include

proposed order

Motions for Default Judgment must include complete proposed orders.

Notice of Supplemental Authority, Marking Evidence, Pending Dispositive Motions; Motions for Default Judgment require complete proposed Orders.

Applies to

Motion

Summary judgment / Rule 56 motions must comply with Local Rule 56.

Summary Judgment / Rule 56 Motions must comply with Local Rule 56, which was substantially revised as of June 1, 2023; clarification about cross-motions.

Applies to

Notice of motion

Must include

local rule certificate

A Notice of Motion must include a prominent statement of compliance with Local Rule 7-3, or the motion may be struck or denied.

A Notice of Motion must include a statement of compliance with Local Rule 7-3. The statement of compliance must be prominent, as the Court will not search a filing for the statement. The Court may strike or outright deny a motion that lacks a prominent statement of compliance with Local Rule 7-3, or if counsel fail to meet and confer in good faith.

Applies to

Exhibits

Entire deposition transcripts, entire sets of interrogatory responses, and non-supporting documents must not be filed.

Entire deposition transcripts, entire sets of interrogatory responses, and documents that do not specifically support or controvert material in the separate statement must not be filed.

Applies to

Evidence

Evidence must be filed by stipulation or as exhibits to authenticating declarations, not attached to the memorandum.

Evidence must be filed either by stipulation or as exhibits to declarations sufficient to authenticate the proffered evidence, and must not be attached to the memorandum.

Applies to

Ex parte application

Must include

certificate of conference

Ex parte applications must conform with Local Rules 7-19 and 7-19.1, including a statement of opposing counsel's position, or they will not be considered.

Applications that do not conform with Local Rules 7-19 and 7-19.1, such as by omitting a statement of opposing counsel's position, will not be considered.

Applies to

Stipulation

Must include

factual basis

Stipulation of factual basis for open plea due 7 days before hearing.

If the parties agree to proceed with an open plea, counsel shall confer and file a stipulation as to the factual basis no later than seven days prior to the hearing.

Applies to

Trial preparation

Audio/visual equipment requests must be made to CRD by 4:00 PM Wednesday before trial

counsel shall notify the CRD no later than 4:00 p.m. on the Wednesday before trial so that the necessary arrangements can be made.

Applies to

Trial preparation

Must include

meet and confer

Trial counsel must meet and confer in person 40 days before FPTC

trial counsel for each party are required to meet and confer in person forty (40) days in advance to prepare for the FPTC.

Applies to

Pretrial documents

Pretrial documents due 28 days before FPTC

At least twenty-eight (28) days before the FPTC:

Applies to

Pretrial documents

Oppositions to Motions in Limine due 14 days before FPTC

At least fourteen (14) days before the FPTC:

Applies to

Joint witness list

Must include

format, time estimates hours, description of testimony +1 more

Joint Witness List due 28 days before FPTC with specific format and content

The Joint Witness List must be filed at least twenty-eight (28) days before the FPTC. It must be in the format specified in Local Rule 16-5 and must include for each witness (i) a brief description of the testimony, (ii) the reasons the testimony is unique and not redundant, and (iii) a time estimate in hours for direct and cross-examination.

Applies to

Amended witness list

Format

DOCX

Amended Witness List due noon Friday before trial in Word format

Any Amended Witness List must be filed by 12:00 p.m. (noon) on the Friday before trial and emailed to AH_Chambers@cacd.uscourts.gov in Microsoft Word format.

Applies to

Joint exhibit list

Must include

format, reasons for objections, objections to authenticity admissibility

Joint Exhibit List due 28 days before FPTC with objections column

The Joint Exhibit List must be filed at least twenty-eight (28) days before the FPTC. It must be in the format specified in Local Rule 16-6 and shall include an additional column stating any objections to authenticity and/or admissibility and the reasons for the objections.

Applies to

Amended joint exhibit list

Must include

email submission

Amended Joint Exhibit List must be filed by noon Friday before trial in Word format via email.

The parties shall meet and confer to fully discuss any objections and attempt to reach agreements on exhibits. Any Amended Joint Exhibit List must be filed by 12:00 p.m. (noon) on the Friday before trial and emailed to AH_Chambers@cacd.uscourts.gov in Microsoft Word format.

Applies to

Joint proposed jury instructions

Must include

joint submission

Joint proposed jury instructions must be filed 14 days before FPTC.

Joint agreed upon proposed jury instructions must be filed no later than fourteen (14) days prior to the FPTC.

Applies to

Jury instructions

Must include

clean version, redlined version, legal basis for disputes +1 more

Parties must file clean and redlined versions of jury instructions with modifications and legal basis for disputes.

The parties shall file clean and redlined sets of their (i) Joint Agreed Upon Proposed Jury Instructions and (ii) Disputed Jury Instructions. The redlined sets shall include all modifications made by the parties to pattern or model jury instructions, any disputed language, and the factual or legal basis for each party's position as to each disputed instruction.

Applies to

Proposed instructions

Proposed jury instructions must include an index with instruction number, title, source/citations, and page number.

The Proposed Instructions must have an index that includes the following for each instruction, as illustrated in the example below: (1) the number of the instruction; (2) the title of the instruction; (3) the source of the instruction and any relevant case citations; and (4) the page number of the instruction.

Applies to

Proposed verdict form

Must include

proposed order

Proposed joint verdict form must be filed 14 days before FPTC.

The parties shall file a proposed joint general or special verdict form fourteen (14) days before the FPTC.

Applies to

Competing verdict forms

Must include

proposed order

If parties cannot agree on verdict form, must file 'Competing Verdict Forms' with redlines and basis for each position.

If the parties are unable to agree on a verdict form, the parties shall file one document titled 'Competing Verdict Forms' which shall include: (i) the parties' respective proposed verdict form; (ii) a 'redline' of any disputed language; and (iii) the factual or legal basis for each party's respective position.

Applies to

Proposed findings conclusions

Must include

proposed order

Proposed Findings of Fact and Conclusions of Law must be filed 28 days before FPTC in LR 52-3 format.

For any trial requiring findings of fact and conclusions of law, each party shall file and serve on the opposing party, no later than twenty-eight (28) days before the FPTC, its Proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3.

Applies to

Trial procedure

Must include

exhibit identification

Counsel and witnesses must refer to exhibits by their exhibit number.

(e) When referring to an exhibit, counsel must refer to its exhibit number. Counsel should instruct their witnesses to do the same.

Applies to

Marked proposed findings conclusions

Must include

proposed order

Opposing party's proposed findings must be marked (strike/bold/underline) 14 days before trial.

Fourteen (14) days before the trial date or by a date ordered by the Court, each counsel shall file with the Court and serve on opposing counsel a copy of the opposing party's proposed findings of fact and conclusions of law, marked as follows: a) Strike through those portions the party disputes; b) Bold those portions the party admits; and c) Underline those portions the party admits but considers irrelevant.

Applies to

Declarations of direct testimony

Must include

proposed order

Declarations of direct testimony must be filed 28 days before trial per LR 16-2.7 and 43-1.

The parties shall comply with Local Rules 16-2.7 and 43-1. At least 28 days before trial, for each witness a party intends to call at trial, counsel for that party shall either (a) file and serve personally or by fax or electronic mail an executed declaration in lieu of

Applies to

Trial exhibits

Must include

usb flash drive

USB flash drive with PDF exhibits due by noon Wednesday before trial

In addition to the three (3) sets of binders above, the parties must also submit to the court a USB flash drive containing PDF versions of all exhibits. The USB flash drive must be delivered to the Judge Hwang’s courtesy box located outside the Clerk’s Office on the fourth floor of the First Street Courthouse by 12:00 p.m. on the Wednesday before the start of trial.

Applies to

Trial exhibits

Parties must meet and confer 10 days before trial to stipulate to foundation and exhibits

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.

Applies to

Trial materials

Must include

three binder sets, deposition excerpts

First day trial materials: 3 binder sets and deposition excerpts for CRD

The parties must present the following materials to the CRD on the first day of trial: (1) the three sets of binders described above, with one original set of trial exhibits for the jury and two copies of trial exhibits for the court; and (2) any excerpts of deposition transcripts to be used at trial, either as evidence or for impeachment.

Applies to

Trial procedure

Must include

attorney limitation

Only one attorney per party may conduct examination or make objections for a witness.

(i) Where a party has more than one (1) lawyer, only one (1) attorney may conduct the direct or cross-examination of a particular witness or make objections as to that witness.

Applies to

Trial procedure

Must include

punctuality

Parties, counsel, and witnesses must be punctual; trial is priority; Court will not delay for tardiness.

(a) The Court expects the parties, counsel, and witnesses to be punctual. Once the parties and their counsel are engaged in trial, the trial must be their priority. The Court will not delay progress of the trial or inconvenience jurors.

Applies to

Trial procedure

Must include

witness return

Witnesses must return promptly after recess/adjournment if they were on stand.

(b) If a witness was on the stand at the time of a recess or adjournment, the party that called the witness shall ensure the witness is back on the stand and ready to proceed as soon as trial resumes.

Applies to

Trial procedure

Must include

witness availability

Parties must have witnesses available; unreasonable delays may result in party being deemed to have rested.

(d) No presenting party may be without witnesses. If a party’s remaining witnesses are not immediately available, thereby causing an unreasonable delay, the Court may deem that party to have rested.

Applies to

Trial procedure

Must include

exhibit tracking

Counsel must track exhibits and record admission into evidence.

(a) Counsel must keep track of their exhibits and exhibit list, and record when each exhibit has been admitted into evidence.

Applies to

Trial procedure

Must include

exhibit return

Counsel must return CRD exhibits before leaving courtroom.

(b) Counsel are responsible for any exhibits they secure from the CRD and must return them before leaving the courtroom.

Applies to

Trial procedure

Must include

exhibit marking, exhibit disclosure

Unmarked exhibits must be requested for identification and shown to opposing counsel before mention.

(c) Any exhibit not previously marked must be accompanied by a request that it be marked for identification at the time of its first mention. Counsel must show a new exhibit to opposing counsel before the court session in which it is mentioned.

Applies to

Trial procedure

Must include

demonstrative aids preparation

Demonstrative aids must be prepared in advance; witnesses should not draw charts/diagrams.

(f) Counsel should not ask witnesses to draw charts or diagrams or ask the Court’s permission for a witness to do so. All demonstrative aids must be prepared fully in advance of the day’s trial session.

Applies to

Trial procedure

Must include

evidence admission timing

Counsel must seek admission of unadmitted evidence while authenticating witness is on stand.

(g) Counsel are required to seek to admit any items of evidence whose admissibility has not yet been stipulated to while the witness authenticating the exhibit is on the stand, so that any issues or concerns that arise may be addressed immediately.

Applies to

Trial procedure

Must include

witness stand questioning approval required

Questioning at witness stand requires specific court approval.

Counsel must not engage in questioning a witness at the witness stand absent specific approval by the Court.

Applies to

Application to seal

Must include

proposed order, certificate of service

Application to seal must be filed electronically with proof of service and proposed order attached.

Electronically file the application to seal with proof of service. Counsel are required to comply with Local Rule 5-4.4.1 and attach the proposed order to the application.

Applies to

Proposed order

Proposed order must include specific language for rejected seal filings.

PROPOSED ORDER MUST CONTAIN THE FOLLOWING LANGUAGE FOR THE COURT'S USE IF THE UNDER SEAL FILING IS REJECTED: 1. Counsel shall publicly file the document(s). (For use if the party wants the Court to consider the document(s); 2. Counsel shall file redacted versions of the documents on the docket. The Court will consider the unredacted mandatory paper chambers copy.

Applies to

Notice of manual filing

Must include

proposed order

Notice of Manual Filing must be electronically filed with specific attachments.

Electronically file a NOTICE OF MANUAL FILING. which contains the PDF version of the application to seal, the Notice of Manual Filing, the Word version of the proposed order (with the language set forth above), and an Adobe PDF of the document(s) to be filed under seal with a caption page, clearly marked "UNDER SEAL." The subject line of the email should have the case number, plus the words "UNDER SEAL REQUEST."

Applies to

Proof of service

Must include

certificate of service

Plaintiff must serve complaint and file proof of service within 3 days.

If Plaintiff has not already served the operative complaint on all Defendants, Plaintiff shall do so promptly and shall file proofs of service of the summons and complaint within three (3) days thereafter. See Fed. R. Civ. P. 4.

Applies to

Scheduling conference

Must include

participation

Pro se litigants must comply with all rules and attend scheduling conference.

"Counsel," as used in this Order, includes parties who have elected to appear without counsel and are representing themselves in this litigation (hereinafter referred to as "pro se litigants"). Pro se litigants must comply with this Order, the Federal Rules of Civil Procedure, and the Local Rules of the Central District of California. See Local Rules 1-3, 83-2.2.3. Pro se litigants are required to participate in the Scheduling Conference.

Applies to

Superseding information

Must include

separate docket entry

Superseding information/indictment must have separate docket entry, not attached to plea agreement.

A superseding information or indictment shall not be attached to the end of the plea agreement. It shall be filed pursuant to the Local Rules and have its own docket entry.

Applies to

General

Must include

local rule certificate

Corporations and entities must be represented by counsel; withdrawal requires advising of dire consequences.

Only individuals may represent themselves. A corporation or other entity must be represented by counsel, and if counsel seeks to withdraw, counsel must advise the entity of the dire consequences of failing to obtain substitute counsel before seeking withdrawal—i.e., a plaintiff entity’s case will be dismissed, or a defendant entity will default. See Local Rule 83-2.3.4.

Applies to

Settlement notification

Must include

certificate of service

Immediate notification required for case resolution or serious settlement negotiations; sanctions for non-compliance.

Counsel must advise the Court immediately if (1) the case or any pending matter has been resolved or (2) a motion is pending, and the parties are engaged in serious negotiations that appear likely to resolve the case or the pending motion. Failure to provide timely notice of settlement may result in sanctions.

Applies to

Amended complaint

Must include

caption, judge name, case number

Form pleadings must be revised within 30 days of removal to comply with FRCP 7, 7.1, 8, 9, 10, 11.

Any answers filed in state court must be refiled in this Court as a supplement to the Notice of Removal. Any pending motions must be re-noticed in accordance with the Local Rules. If an action is removed to this Court that contains a form pleading (i.e., a pleading in which boxes are checked), the party shall file with the Notice of Removal a revised pleading that complies with Fed. R. Civ. P. 7, 7.1, 8, 9, 10, and 11. An amended complaint filed within thirty (30) days after removal to replace a form complaint pursuant to this instruction shall be deemed an amended complaint with “the court’s leave” pursuant to Fed. R. Civ. P. 15(a)(2).

Applies to

Discovery motion

Must include

caption

Discovery matters referred to Magistrate Judge; must include “DISCOVERY MATTER” in caption.

All discovery matters are referred to the assigned Magistrate Judge. All documents relating to discovery matters must include the words “DISCOVERY MATTER” in the caption to ensure proper routing. Counsel must follow the Magistrate Judge’s procedures for scheduling matters for a hearing.

Applies to

Attachment

Must include

caption

Attachments must be filed as separately docketed attachments with descriptions

If a filed or lodged document has declarations, exhibits, or other attachments, each attachment must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration, 29-2 Ex. 1 -

Applies to

Motion

Must include

caption

Court will not consider documents with improperly filed attachments

The Court will decline to consider motions, stipulations, or other documents with attachments that are not filed in accordance with this Order.

Applies to

Motion

Must include

proposed order

Proposed orders must be lodged and served with motions

(a) Proposed Orders Must be Lodged and Served. Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations.

Applies to

Stipulation

Must include

proposed order

Court will not consider requests without compliant proposed order

The Court will not consider a stipulation, ex parte application, or other request for relief until a compliant proposed order is received by email.

Applies to

Brief

Must include

ai disclosure

AI-generated content must be disclosed with certification of accuracy and Rule 11 compliance.

Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer’s Rule 11 obligations.

Applies to

Motion

Declarations, exhibits, and attachments must be separately docketed with descriptions.

If a filed or lodged document has declarations, exhibits, or other attachments, each of these must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration).

Applies to

Brief

Must include

joint brief

Joint brief required for summary judgment motions (moving + opposition papers combined).

The parties shall work cooperatively to submit a single Joint Brief, that is including moving and opposition papers, for any summary judgment motion brought by any moving party(ies).

Applies to

Motion

Must include

attorney fees request

Attorney’s fees request must be included with default judgment motion or will be struck.

A plaintiff who moves for default judgment and wishes to seek attorney’s fees and costs must include in the motion a properly supported request for attorney’s fees and costs together with the motion for default judgment. Failure to do so will result in the striking of any subsequent motion for attorney’s fees and costs absent a showing of good cause.

Applies to

Motion

Must include

attorney fees documentation

Attorney’s fees motions must include Excel spreadsheet of billed hours emailed to CRD.

A motion for attorney’s fees must be supported by documentation of the billed hours for which the movant seeks to recover additionally provide by email to the CRD an Excel spreadsheet documenting the hours for which the movant seeks recovery, using the format in the following example:

Applies to

Joint brief

Must include

caption, judge name, case number

Joint brief must include TOC, TOA, intro, facts, and issue-by-issue argument with moving party first.

(b) Content and Organization of Joint Brief. The Joint Brief should contain the following: (1) a table of contents; (2) a table of authorities; (3) an optional brief introduction section stated jointly or, if stated separately by each party, stated under an appropriate subheading identifying the party (e.g., “ACME Co.’s Introduction” or “Defendant’s Introduction”); (4) a statement of facts section stated jointly or, if stated separately by each party, stated under an appropriate subheading identifying the party (e.g., “ACME Co.’s Statement of Facts” or “Defendant’s Statement of Facts”); (5) an analysis or argument section that sets forth the arguments organized by issue that present the parties’ competing positions on an issue-by-issue basis. For each issue, the moving party shall present legal argument, citation to authority where applicable, and citation to the Joint Appendix of Facts, see below, followed immediately by the opposing party’s response that similarly must be supported by legal argument, citation to authority, and citation to the Joint Appendix of Facts.

Applies to

Joint brief

Must include

joint appendix of facts

Joint brief must include Joint Appendix of Facts (JAF) in table format.

(g) Joint Appendix of Facts (“JAF”). The Joint Brief shall be accompanied by a single statement of undisputed and disputed facts contained in a JAF presented in a table.

Applies to

Joint brief

Must include

joint appendix of objections

Evidentiary objections must be made in a single separate JAO document in four-column table format.

The Joint Brief shall be accompanied by a JAO—i.e., evidentiary objections, if any, shall be made in a single, separate document presented in a four-column table.

Applies to

Plra exhaustion motion

Must include

timely filing

Failure to file timely request for PLRA exhaustion hearing may be construed as waiver.

The failure to file a timely request may be construed as a waiver of the exhaustion issue.

Applies to

Ex parte application

Must include

service on opposing party, notification of opposing deadline

Moving party must serve opposing party by email/fax/personal service and notify of 48-hour deadline for opposing papers.

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.

Applies to

Ex parte application

Reply briefs are not permitted for ex parte applications.

Reply briefs in support of ex parte applications are not permitted.

Applies to

Plra exhaustion motion

Must include

early raising

PLRA exhaustion issue must be raised at beginning of litigation.

The issue of exhaustion under the PLRA must be raised at the beginning of the litigation.

Applies to

Pretrial documents

Must include

pretrial documents, joint rule 26f report

Failure to comply with court orders or rules may result in dismissal, default, monetary sanctions, or revocation of pro hac vice status.

If, without satisfactory explanation, counsel fail to file the required Joint Rule 26(f) report or the required pretrial documents, fail to appear at any scheduled proceeding, or otherwise fail to comply with the Court’s orders or rules, the Court shall take any action it deems appropriate, including: (i) dismissal of the case for failure to prosecute, if the failure occurs on the part of the plaintiff; (ii) striking the answer resulting in default if such failure occurs on the part of the defendant; (iii) imposing monetary sanctions against the offending party and counsel, and/or (iv) where applicable, revoking the pro hac vice status of attorneys so admitted.

Applies to

Chambers copy

Must include

caption, judge name, case number

Chambers copies required for initial pleadings, motions, trial documents, plea agreements, and sentencing position papers.

Mandatory chambers copies are to be submitted pursuant to Local Civil Rule 5-4.5. The Court requires copies of: (i) initial pleadings (information, indictment, superseding information or indictment); (ii) motion papers (motions, oppositions, replies, non-oppositions, and any related document); (iii) trial documents (joint statement of the case, proposed voir dire, jury instructions, verdict form, joint exhibit list, joint witness list, and any disputes relating to any of the foregoing); (iv) plea agreements; and (v) sentencing position papers.

Applies to

Order

Must include

notice to parties

Plaintiff's counsel or defense counsel (if pro se) must provide order to all parties.

The plaintiff's counsel or, if the plaintiff is appearing pro se, defense counsel, shall provide this Order to all known parties who have not yet appeared or who appear after the date of this Order.

Applies to

Discovery plan

Must include

initial disclosures, discovery plan conference

Parties must make initial disclosures and confer on discovery plan 21 days before scheduling conference.

The parties are reminded of their obligations to (i) make initial disclosures "without awaiting a discovery request" (Fed. R. Civ. P. 26(a)(1)) and (ii) confer on a discovery plan at least twenty-one (21) days before the Scheduling Conference (Fed. R. Civ. P. 26(f)).

Applies to

Joint rule 26f report

Joint Rule 26(f) Report must be filed 14 days before Scheduling Conference.

The Joint Rule 26(f) Report must be filed not later than fourteen (14) days before the Scheduling Conference.

Applies to

Joint rule 26f report

Must include

caption, judge name, case number

Joint Rule 26(f) Report must include specific dates on caption page.

The Joint Rule 26(f) Report shall specify the date of the Mandatory Scheduling Conference on the caption page. Under the title, it shall list the dates of the (1) Original Complaint; (2) Removal (if removed); (3) Responsive Pleading; and (4) Trial (proposed).

Applies to

Joint rule 26f report

Must include

caption, case number

Joint Rule 26(f) report must be filed on original due date even if Scheduling Conference is continued.

The parties should plan to file the Joint Rule 26(f) report on the original due date even if a continuance of the Scheduling Conference is granted.

Applies to

Scheduling conference

Must include

lead trial counsel attendance

Lead trial counsel must attend Scheduling Conference in person unless excused for good cause.

Lead trial counsel must attend the Scheduling Conference, unless excused by the Court for good cause. Remote appearances are not permitted except for good cause shown.

Applies to

Joint rule 26f report

Must include

timely submission

Failure to submit Joint Rule 26(f) Report or attend Scheduling Conference may result in dismissal, default, or sanctions.

The failure to timely submit a Joint Rule 26(f) Report or to attend the Scheduling Conference may result in dismissal of the action, striking of the answer and entry default, and/or imposition of sanctions.

Applies to

Proposed order

Must include

caption, judge name, case number +1 more

Proposed orders must be emailed to chambers with Word and PDF copies for all motions and requests.

Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. The Court enforces strict compliance with Local Rule 5-4.4.2, which instructs: 'After a document requiring a judge's signature has been lodged under L.R. 5-4.4.1, a. . . Microsoft Word copy of the proposed document, along with a PDF copy of the electronically filed main document, must be emailed to the assigned judge's generic chambers email address,' namely, AH_chambers@cacd.uscourts.gov. The Court will not consider a stipulation, ex parte application, or other request for relief until a compliant proposed order is received by email.

Applies to

Ai disclosure declaration

Must include

ai disclosure

AI-generated content requires separate disclosure declaration certifying accuracy and Rule 11 compliance.

Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer's Rule 11 obligations.

Applies to

Discovery production

Government must promptly produce Brady/Giglio/Roviaro/Henthorn evidence to defense counsel.

Counsel shall comply promptly with discovery and notice pursuant to Rules 12, 12.1, 12.2, 12.3, 12.4, 15, and 16. of the Federal Rules of Criminal Procedure. The Government shall promptly produce to counsel for the defendant any evidence falling within the scope of Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), Roviaro v. United States, 353 U.S. 53 (1957) and United States v. Henthorn, 931 F.2d 29 (9th Cir. 1991). Upon government counsel's discovery of any evidence within the scope of Brady v. Maryland, 373 U.S. 83 (1963), such evidence shall be produced forthwith to counsel for the defendant.

Applies to

Trial evidence discovery

Government must produce trial evidence discovery 2 weeks before trial; late evidence requires ex parte application and court approval.

The Government shall produce to defendant(s) the discovery related to evidence it seeks to introduce at trial no later than two (2) weeks prior to the scheduled trial date. If there is discovery related to trial evidence that is produced after this date, such evidence will not be admitted at trial subject to an ex parte application being filed by the Government seeking such relief that is approved by the Court.

Applies to

Ex parte application

Must include

local rule certificate

Ex parte applications are considered on papers only, for extraordinary relief, and must comply with Local Rule 7-19.

The Court considers ex parte applications on the papers and does not usually set these matters for a hearing. If a hearing is necessary, the parties will be notified. Ex parte applications are solely for extraordinary relief and should be used with discretion. Any party seeking ex parte relief must comply with Local Rule 7-19.

Applies to

Ex parte application

Reply briefs are not permitted for ex parte applications.

Reply briefs in support of ex parte applications are not permitted.

Applies to

Trial memorandum

Government trial memorandum must include factual summary, charges/elements, time estimate, and legal/evidentiary discussion.

The government shall file a trial memorandum that shall set forth (1) a factual summary of the government's case-in-chief; (2) a statement of the charges and the elements of each charge; (3) a time estimate of the length of the government's case-in-chief, including anticipated cross-examination; and (4) a discussion of relevant legal and evidentiary issues as applied to the facts of the particular case.

Applies to

Joint statement of case

Must include

caption, judge name, case number

Joint statement of case must be filed 14 days before final pretrial conference.

Counsel shall file the joint statement of the case no later than 14 calendar days prior to the Final Pretrial Conference.

Applies to

Disputed joint statement of case

Must include

caption, judge name, case number

Disputed joint statement requires redline comparison of parties' proposals.

If the parties cannot agree on such a joint statement, they shall file a “Disputed Joint Statement of the Case,” which shall include each party’s respective proposed statement, together with a “redline” comparing the parties’ respective statements.

Applies to

Verdict form

Must include

caption, judge name, case number

Proposed verdict forms must be filed 14 days before final pretrial conference.

Counsel shall file a proposed verdict form(s) no later than 14 calendar days prior to the Final Pretrial Conference.

Applies to

Competing verdict forms

Must include

caption, judge name, case number

Competing verdict forms require redline and legal basis for disputes.

If the parties are unable to agree on a verdict form, the parties shall file one document titled “Competing Verdict Forms” which shall include: (i) the parties’ respective proposed verdict form; (ii) a “redline” of any disputed language; and (iii) the factual or legal

Applies to

Jury instructions

Must include

caption, judge name, case number

Jury instructions must be filed 14 days before final pretrial conference.

Jury instructions shall be filed no later than 14 calendar days prior to the Final Pretrial Conference.

Applies to

Jury instructions

Must include

caption, judge name, case number

Proposed jury instructions must be exchanged 28 days before final pretrial conference.

Counsel shall exchange proposed jury instructions (general and special) 28 calendar days prior to the Final Pretrial Conference.

Applies to

Jury instruction objections

Must include

caption, judge name, case number

Objections to jury instructions must be exchanged 21 days before final pretrial conference.

Counsel shall exchange any objections to the instructions 21 calendar days prior to the Final Pretrial Conference.

Applies to

Joint jury instructions

Must include

caption, judge name, case number

Joint jury instructions must be filed 14 days before final pretrial conference.

Counsel shall meet and confer with the goal of reaching an agreement on one set of joint jury instructions, which shall be filed no later than 14 calendar days before the Final Pretrial Conference.

Applies to

Disputed jury instructions

Must include

caption, judge name, case number

Disputed jury instructions require redline and legal basis for disputes.

If the parties disagree over any proposed jury instruction(s), the parties shall file: (i) one set of proposed jury instructions to which all parties agree; and (ii) one set of disputed jury instructions, which shall include a “redline” of any disputed language and/or the factual or legal basis for each party’s respective position as to each disputed instruction.

Applies to

Final clean jury instructions

Must include

caption, judge name, case number

Final clean jury instructions must be emailed to chambers on first day of trial.

A final “clean” version of the jury instructions, which shall include the text of each instruction (eliminating titles, supporting authority, indication of party proposing, etc.), shall be provided to the Court on the first day of trial and sent via email in Word to AH_Chambers@cacd.uscourts.gov.

Applies to

Witness list

Must include

caption, judge name, case number

Witness lists must be emailed to chambers by noon Friday before trial.

Not later than 12:00 pm on the Friday before the commencement of trial, the Government and defense counsel shall each email their respective witness lists in Word to AH_Chambers@cacd.uscourts.gov.

Applies to

Witness list

Must include

caption, judge name, case number

Defendant must state if no witnesses will be called.

If the defendant does not intend to call any witnesses, the email shall so state.

Applies to

Final joint statement of case

Must include

caption, judge name, case number

Final joint statement must be provided on first day of trial.

A final version of the joint statement shall be provided to the Court on the first day of trial.

Applies to

Verdict form

Must include

final version

Final verdict form must be emailed to chambers on first day of trial.

A final version of the verdict form shall be provided to the Court on the first day of trial and sent via email in Word to AH_Chambers@cacd.uscourts.gov.

Applies to

Exhibit list

Must include

compliance with local rule

Exhibit lists must comply with Local Civil Rule 16-6.

Counsel shall each prepare an exhibit list in compliance with Local Civil Rule 16-6.

Applies to

Exhibit list

Must include

compliance with local rule

Exhibit lists must comply with Local Civil Rule 16-6.1.

The exhibit list shall comply with Local Civil Rule 16-6.1.

Applies to

Exhibit list

Must include

filing deadline

Government must file exhibit list 14 calendar days before Final Pretrial Conference.

The Government shall file its exhibit list 14 calendar days prior to the Final Pretrial Conference.

Applies to

Exhibit list

Must include

filing deadline

Exhibit lists must be emailed to chambers by noon Friday before trial.

Not later than 12:00 pm on the Friday before the commencement of trial, the Government and defense counsel shall each email their respective exhibit list in Word to AH_Chambers@cacd.uscourts.gov.

Applies to

Exhibit list

Must include

statement if no exhibits

Defendant must email statement if not offering exhibits.

If the defendant does not intend to offer any exhibits, then the email shall so state.

Applies to

Exhibit

Must include

copies required

One original and two copies of exhibits must be presented to Courtroom Deputy Clerk on first day of trial.

One original (witness copy) and two copies (bench and courtroom deputy copy) shall be presented to the Courtroom Deputy Clerk on the first day of trial.

Applies to

Exhibit

Must include

approval required

Voluminous exhibits require Space & Facilities approval.

Arrangements for bringing voluminous trial materials or exhibits into the courthouse must be made through the Space & Facilities Help Desk at (213) 894-1400.

Applies to

Exhibit

Must include

clerk approval required

Security pass requires prior approval from Courtroom Deputy Clerk.

Before contacting Space & Facilities for a required security pass, prior approval of delivery time must be coordinated with the Courtroom Deputy Clerk.

Applies to

Exhibit

Must include

delivery information deadline

Delivery information must be provided to Space & Facilities 48 hours before arrival.

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.

Applies to

Exhibit

Must include

law enforcement custody

Dangerous exhibits must remain in law enforcement custody during trial.

Exhibits such as firearms, narcotics, etc., must remain in the custody of a law enforcement agent during the pendency of the trial.

Applies to

Exhibit

Must include

agent responsibilities

Law enforcement agent must secure and guard dangerous exhibits.

It shall be the responsibility of the agent to produce any such items for the Court, secure them at all times that the Court is not in session, and guard them at all times while in the courtroom.

Applies to

Exhibit

Must include

marshals notification

US Marshals Service must be notified of weapons/contraband.

The United States Marshals Service shall be advised whenever weapons or contraband are to be brought into the courthouse.

Applies to

Video exhibit

Must include

admit only played portions

Only portions of video exhibits played to jury may be admitted.

Counsel shall seek admission only of the portions of video exhibits played before the jury.

Applies to

Video exhibit

Must include

court control of admission

Court will exclude extraneous video portions and control cumulative exhibits under Rule 403.

The Court will not admit extraneous portions of videos and will strictly control the admission of any wasteful or cumulative video exhibits under Rule 403.

Applies to

Glossary

Must include

filing deadline, required content

Parties must file glossary of terms one week before trial.

At least one week before trial, the parties much confer and file a glossary of terms for the court reporter that includes applicable medical, scientific, or technical terms, gang terms, slang, the names and spellings of names likely to be cited, and any other case-specific terminology.

Applies to

Trial procedure

Must include

punctuality required, trial priority required

Punctuality required; trial is priority; no delays or juror inconvenience.

The Court expects the parties, counsel, and witnesses to be punctual. Once the parties and their counsel are engaged in trial, the trial must be their priority. The Court will not delay progress of the trial or inconvenience jurors.

Applies to

Trial procedure

Must include

witness ready after recess

Calling party must ensure witness is ready after recess/adjournment.

If a witness was on the stand at the time of a recess or adjournment, the party that called the witness shall ensure the witness is back on the stand and ready to proceed as soon as trial resumes.

Applies to

Trial procedure

Must include

witnesses must be available, unreasonable delay deemed rest

Parties must have witnesses available; unreasonable delay may result in deemed rest.

No presenting party may be without witnesses. If a party's remaining witnesses are not immediately available, thereby causing an unreasonable delay, the Court may deem that party to have rested.

Applies to

Trial procedure

Must include

legal ground required, sidebar permission required, objections standing required

Objections must be stated standing with legal ground; sidebar requires permission.

When objecting, counsel must stand to state the objection and state only that counsel objects and the legal ground for objection. If counsel wishes to argue an objection further, counsel must ask for permission to do so; the Court may or may not grant a request for conference at sidebar.

Applies to

Trial procedure

Must include

clerk approach permission required, witness stand approach permission required

Counsel must not approach clerk or witness stand without permission.

Counsel must not approach the Courtroom Deputy Clerk or the witness stand without permission. When permission is given, counsel shall return to the lectern when the task has been completed.

Applies to

Trial procedure

Must include

remarks to court only

All remarks must be addressed to the Court, not to clerk, reporter, audience, or opposing counsel.

Counsel must address all remarks to the Court. Counsel are not to address the Courtroom Deputy Clerk, the Reporter, persons in the audience or opposing counsel.

Applies to

Trial exhibit

On first day of trial, parties must present to CRD: three sets of exhibit binders (1 original for jury, 2 copies for court) and any deposition excerpts to be used.

The parties must present the following materials to the CRD on the first day of trial: (1) the three sets of binders described above, with one original set of trial exhibits for the jury and two copies of trial exhibits for the court; and (2) any excerpts of deposition transcripts to be used at trial, either as evidence or for impeachment. These lodged depositions are for the Court’s use. The parties must use their own copies during trial.

Applies to

Motion

Must include

proposed order

Each party filing or opposing a motion must serve and lodge a proposed order stating the relief sought and the rationale with citations.

Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations.

Applies to

Brief

Must include

ai disclosure

Parties using generative AI to draft any portion of a filing must attach a separate declaration disclosing AI use and certifying review and accuracy of the AI-generated content.

Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer's Rule 11 obligations.

Applies to

Discovery motion

Discovery motions must state with particularity what is requested, the basis for the request, whether the discovery was requested, and opposing counsel's response.

All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery at issue has been requested, and opposing counsel’s response to such request.

Applies to

Summary judgment brief

Summary judgment motions under Rule 56 require special procedures including preparation of a joint brief and joint related documents.

The Court employs special procedures for motions under Fed. R. Civ. P. 56 for summary judgment, including the parties' preparation of a joint brief and joint related documents.

Applies to

Joint statement of case

Parties must file the Joint Statement of the Case 14 days before the FPTC for the Court to read to prospective jurors.

The parties must file a Joint Statement of the Case fourteen (14) days before the FPTC for the Court to read to the prospective jurors before commencement of voir dire.

Applies to

Jury instructions

Proposed jury instructions must include an index listing each instruction's number, title, source/citations, and page number.

The Proposed Instructions must have an index that includes the following for each instruction, as illustrated in the example below: (1) the number of the instruction; (2) the title of the instruction; (3) the source of the instruction and any relevant case citations; and (4) the page number of the instruction.

Applies to

Verdict form

Parties must file a proposed joint verdict form 14 days before the FPTC; if they cannot agree, they must file 'Competing Verdict Forms' with redlines and legal bases.

The parties shall file a proposed joint general or special verdict form fourteen (14) days before the FPTC. If the parties are unable to agree on a verdict form, the parties shall file one document titled "Competing Verdict Forms" which shall include: (i) the parties' respective proposed verdict form; (ii) a "redline" of any disputed language; and (iii) the factual or legal basis for each party's respective position.

Applies to

Proposed findings conclusions

Each party must file and serve Proposed Findings of Fact and Conclusions of Law no later than 28 days before the FPTC, in the format specified by Local Rule 52-3.

For any trial requiring findings of fact and conclusions of law, each party shall file and serve on the opposing party, no later than twenty-eight (28) days before the FPTC, its Proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3.

Applies to

Proposed findings conclusions

Fourteen days before trial, each counsel must file and serve a copy of the opposing party's proposed findings marked with strike-through for disputed portions, bold for admitted portions, and underline for admitted-but-irrelevant portions.

Fourteen (14) days before the trial date or by a date ordered by the Court, each counsel shall file with the Court and serve on opposing counsel a copy of the opposing party's proposed findings of fact and conclusions of law, marked as follows: a) Strike through those portions the party disputes; b) Bold those portions the party admits; and c) Underline those portions the party admits but considers irrelevant.

Applies to

Declaration of direct testimony

At least 28 days before trial, counsel must file and serve an executed declaration in lieu of direct testimony for each intended witness, served personally, by fax, or by email.

At least 28 days before trial, for each witness a party intends to call at trial, counsel for that party shall either (a) file and serve personally or by fax or electronic mail an executed declaration in lieu of direct testimony.

Applies to

Trial materials

On the first day of trial, parties must present to the CRD the three sets of exhibit binders and any deposition transcript excerpts to be used at trial.

The parties must present the following materials to the CRD on the first day of trial: (1) the three sets of binders described above, with one original set of trial exhibits for the jury and two copies of trial exhibits for the court; and (2) any excerpts of deposition transcripts to be used at trial, either as evidence or for impeachment. These lodged depositions are for the Court's use. The parties must use their own copies during trial.

Applies to

Interrogatory answers compilation

Counsel must prepare a compilation document listing each interrogatory/request for admission answer and its source, and provide copies to the Court and opposing party.

Whenever counsel expects to offer a group of answers to interrogatories or requests for admissions extracted from one (1) or more lengthy discovery responses, counsel should prepare a new document listing each question and answer and identifying the document from which it has been extracted. Copies of this new document must be provided to the Court and the opposing party.

Applies to

Standing order

Must include

service

Plaintiff's counsel must serve this order on all parties; removing defendant must serve if removed from state court.

Counsel for Plaintiff(s) shall serve this order immediately on all parties and/or their attorney(s), including any new parties to the action. If this action has been removed from the state court, the defendant who removed the action shall serve this order on all other parties.

Applies to

General

Must include

local rule certificate

All parties must be familiar with FRCP, Local Rules, and Court's standing orders.

all parties or their counsel, including pro se (people without an attorney) litigants,2 are ordered to be familiar with the Federal Rules of Civil Procedure, the Local Rules of the Central District of California (“Local Rules”), and this Court’s standing orders, online procedures, and schedules.

Applies to

General

Must include

local rule certificate

Counsel must review and comply with Civility and Professionalism Guidelines.

All counsel who appear in this action must immediately review and comply with the Civility and Professionalism Guidelines, which can be found on the Court’s website at http://www.cacd.uscourts.gov/attorneys/admissions/civility-and-professionalism-guidelines.

Applies to

General

Must include

local rule certificate

Minimum expectations for counsel: punctuality, civility, no interruptions, no inappropriate gestures.

At a minimum, the Court expects the following from counsel: (1) being punctual and prepared for all Court appearances; (2) being civil and respectful in all oral and written communications with the Court, court personnel, and other parties; (3) refraining from interrupting any person in the courtroom when that person is speaking; (4) refraining from making gestures, facial expressions, or audible comments indicating approval or disapproval of testimony

Applies to

General

Must include

local rule certificate

Pro se parties must comply with FRCP and Local Rules.

Parties appearing pro se must comply with the Federal Rules of Civil Procedure and the Local Rules. See Local Rules 1-3 and 83-2.2.3.

Applies to

Withdrawal

Must include

certificate of conference

Corporations/entities must be represented by counsel; withdrawal requires warning about dismissal/default.

Only individuals may represent themselves. A corporation or other entity must be represented by counsel. If counsel seeks to withdraw, counsel must advise the entity of the dire consequences of failing to obtain substitute counsel before seeking withdrawal—i.e., a plaintiff entity’s case will be dismissed or a defendant entity will default. See Local Rule 83-2.3.4.

Applies to

Complaint

Must include

certificate of service

Plaintiff must serve complaint under FRCP 4 and file proofs of service; unserved defendants dismissed.

Plaintiff shall promptly serve the complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Local Rule 5-3.1. Any defendant not timely served under Fed. R. Civ. P. 4(m), including “Doe” or fictitiously named defendants, shall be dismissed from the action.

Applies to

Removed action

Must include

notice of interested parties

Removed actions require re-filing state court documents and Notice of Interested Parties.

All documents filed in state court, including documents appended to the complaint, answers, and motions, must be re-filed in this Court as a supplement to the notice of removal. See 28 U.S.C. § 1447(a) and (b). Any pending motions must be re-noticed in accordance with Local Rule 7. Counsel shall file with his or her first appearance a Notice of Interested Parties in accordance with Local Rule 7.1-1.

Applies to

Form pleading

Must include

certificate of service

Form pleadings in removed actions must be revised to comply with FRCP within 30 days.

If an action removed to this Court contains a state court Judicial Council form pleading (i.e., a pleading in which a party selects claims or defenses by checking boxes), the party that filed the form pleading must file a revised pleading that complies with Fed. R. Civ. P. 7, 7.1, 8, 9, 10 and 11, within thirty (30) days of receipt of the Notice of Removal.

Applies to

Doe defendant

Must include

certificate of service

Plaintiff must identify and serve Doe defendants before scheduling conference deadline.

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.

Applies to

Stipulation

Must include

proposed order

Other conflicts require stipulation and proposed order within 3 days

For all other conflicts, 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 as soon as possible and not later than three (3) days before the scheduled appearance.

Applies to

Discovery motion

Must include

magistrate judge referral

All discovery matters are referred to the assigned Magistrate Judge

All discovery matters are hereby referred to the assigned Magistrate Judge, who will hear all discovery disputes.

Applies to

Discovery document

Discovery documents must include “DISCOVERY MATTER” in caption

All discovery-related documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing.

Applies to

Notice of motion

Must include

local rule certificate

Motion notice must include compliance statement with Local Rule 7-3 and declaration of conference details if hearing needed.

The Notice of Motion must include a statement of compliance with Local Rule 7-3. In addition, if the parties are unable to reach a resolution that eliminates the necessity for a hearing, counsel for the moving party must include a declaration, under penalty of perjury, that sets forth at a minimum the date(s) the conference took place and the position of each party with respect to each disputed issue that will be the subject of the motion.

Applies to

Motion

Must include

table of hours and rates

Attorney fee motions must include two tables summarizing hours worked and billing rates by attorney title.

Motions for attorney fees shall be electronically filed and set for hearing according to Local Rule 6-1 and this Order. Any motion or request for attorney fees shall attach two summaries, in table form, of the hours worked by and billing rate of each attorney with title (i.e., partner, counsel, associate, etc.).

Applies to

Motion

Must include

table of hours and rates

Fee tables must list tasks, hours, rates, and separate calculations if rates changed.

The table shall include a summary of the hours worked by each attorney, organized by attorney. The table shall list all the tasks on which the attorney worked, the hours worked on each task, and the hourly rate of each attorney. If the hourly rate charged by any individual attorney changed while the action was ongoing, the party shall provide separate calculations for the total number of hours the attorney spent in connection with each task at each hourly rate.

Applies to

Opposition

Must include

fee objection table

Opposing parties must object to fee requests using the specified table format.

An opposing party shall specify its objections to the fee requests and time spent in the form set forth below:

Applies to

Motion

Must include

proposed order

Proposed orders must be emailed to chambers in Word format on filing day.

Each party filing or opposing a motion or seeking the determination of any matter shall serve and electronically lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. In addition, a copy of the proposed order in Word format shall be emailed directly to the Court’s chambers email address at CV_Chambers@cacd.uscourts.gov on the day the document is e-filed.

Applies to

Proposed order

Proposed orders must use court template and include all requested relief.

The parties must use the template for proposed orders available on Judge Valenzuela’s Procedures and Schedules page on the Court’s website. The proposed order must include the entire relief the parties seek. Failure to email a proposed order in Word format using the Court’s template may result in the Court striking the motion, application, or stipulation without consideration of the request on its merits.

Applies to

Ex parte application

Must include

proposed order

Ex parte applications must include a proposed order.

All ex parte applications must include a proposed order.

Applies to

All

Must include

email address, telephone number

Counsel must include email and phone on all papers.

Counsel must include on all papers his or her email address and telephone number to facilitate communication with the Courtroom Deputy Clerk.

Applies to

General

All parties must be familiar with this Order, Federal Rules of Criminal Procedure, Local Criminal Rules, Local Civil Rules, Court’s online Procedures and Schedules, and governing law.

Both the Court and the parties’ counsel bear responsibility for the progress of this action. To ensure the just determination of this action, “to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay,” Fed. R. Crim. P. 2, all parties or their counsel, including pro se (without an attorney) defendants,2 are ordered to be familiar with this Order, the Federal Rules of Criminal Procedure, the Local Criminal Rules, the Local Civil Rules, this Court’s online Procedures and Schedules, and the law governing the issues in this case.

Applies to

General

All parties shall docket items only as to the particular defendant(s) to whom the

All parties shall docket items only as to the particular defendant(s) to whom the

Applies to

Attachment

Must include

caption

Each attachment must be filed as a separately docketed attachment with clear description.

Each declaration, exhibit, or other attachment accompanying a document must be filed as a separately docketed attachment to the main docket entry with a clear description (e.g., Dkt. 29-1, Smith Decl.; Dkt. 29-2, Ex. 1: Photograph).

Applies to

Proposed order

Must include

authority, relief sought, defendant names +1 more

Proposed orders must state relief, affected defendants, rationale/authority, and be in court-originating form without attorney info, watermarks, or firm designations.

Proposed orders must state the relief sought, the defendant(s) affected, and, when relevant, the supporting rationale and authority—and must be submitted in a form that would originate from the Court. Do not include: (a) any attorney information on the caption page; (b) any information in the footer (except pagination); or (c) any watermark or firm designation anywhere.

Applies to

Supplemental brief

Must include

prior leave of court

Supplemental briefs require prior leave of Court.

No supplemental brief shall be filed without prior leave of Court.

Applies to

Brief

Must include

local rule certificate

All briefs must include Certificate of Compliance per Local Civil Rule 11-6.2.

All submitted briefs must be accompanied by a Certificate of Compliance as set forth in Local Civil Rule 11-6.2.

Applies to

Motion

Failure to meet deadlines may result in Court declining to consider untimely documents.

Failure to comply with these deadlines may result in the Court declining to consider the untimely memorandum or other document. Local Criminal Rule 57-1; Local Civil Rule 7-12.

Applies to

Ex parte application

Ex parte applications are only for extraordinary relief; misuse may result in sanctions.

Ex parte applications are solely for extraordinary relief and should be used with discretion. Sanctions may be imposed for misuse of ex parte applications.

Applies to

Ex parte application

Opposing party must be served electronically if possible; service complete upon e-filing.

The moving party shall serve the opposing party electronically, if possible. A party is considered served once the ex parte application has been e-filed.

Applies to

Ex parte travel application

Must include

payment information

Ex parte travel applications by defendants with appointed counsel must indicate who pays for travel expenses.

Applications by defendants with appointed counsel must indicate who will pay for the travel and related expenses.

Applies to

Trial preparation

Must include

exhibit list, witness list, trial memorandum +4 more

Government must file trial documents 1 week before final pretrial conference.

No later than one (1) week before the Final Pretrial Conference, the government shall file and email the documents described below in Microsoft Word format to CV_Chambers@cacd.uscourts.gov:

Applies to

Trial memorandum

Government trial memorandum must include factual summary, charges, time estimate, and legal discussion.

The government's trial memorandum shall set forth: (i) a factual summary of the government's case-in-chief; (ii) a statement of the charges and the elements of each charge; (iii) a time estimate of the length of the government's case-in-chief, including anticipated cross-examination; and (iv) a discussion of relevant legal and evidentiary issues as applied to the facts of the particular case.

Applies to

Witness list

Witness lists must follow Local Civil Rule 16-5 format and identify all potential witnesses.

Witness lists must identify all potential witnesses and must be in the format specified in Local Civil Rule 16-5. If the defense objects to identifying a potential witness (not already on the government's list), the objection must be raised at the final pre-trial conference.

Applies to

Witness list

Witness lists must include testimony description, uniqueness, and time estimates.

The lists must include for each witness: (i) a brief description of the testimony; (ii) the reasons the testimony is unique and not redundant; and (iii) a time estimate in hours for direct and cross-examination.

Applies to

Amended witness list

Amended witness lists must be filed by 5:00 PM Friday before trial.

Any Amended Witness List must be filed by 5:00 p.m. on the Friday before trial and emailed to CV_Chambers@cacd.uscourts.gov in Microsoft Word format.

Applies to

Exhibit list

Exhibit lists must follow Local Civil Rule 16-6 format and include objections.

Exhibit Lists must: (1) be in the format specified in Local Civil Rule 16-6; (2) include an additional column stating any objections to authenticity and/or admissibility; and (3) state the reasons for the objections.

Applies to

Exhibit list

Exhibits must be numbered sequentially (1, 2, 3, etc.).

Exhibits shall be numbered sequentially 1, 2, 3, etc., not 1.1, 1.2, 1.3, etc. See Local Civil Rule 16-6.

Applies to

Amended exhibit list

Amended exhibit lists must be filed by 5:00 PM Friday before trial.

Any Amended Exhibit List must be filed by 5:00 p.m. on the Friday before trial and emailed to CV_Chambers@cacd.uscourts.gov in Microsoft Word format.

Applies to

Case specific glossary

Must include

slang, case names, city names +11 more

Parties must provide case-specific glossary for court reporter with technical terms, names, and case-specific terminology.

The parties must provide a case-specific glossary for the court reporter that includes applicable medical, scientific, or technical terms, gang terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/agents/departments/entities involved in the case, names of people interviewed/deposed, names of family members, friends, or others who might be mentioned, and other case-specific terminology.

Applies to

Jury instructions

Must include

clean set, redline set, modifications marked +2 more

Parties must file clean and redline sets of joint agreed and disputed jury instructions with modifications and legal basis.

The parties shall file clean and redline sets of their (1) Joint Agreed Upon Proposed Jury Instructions, and (2) Disputed Jury Instructions. The redline sets shall include all modifications made by the parties to pattern or model jury instructions, any disputed language, and the factual or legal basis for each party's position as to each disputed instruction.

Applies to

Jury instructions

Must include

indicate timing of instruction, list instructions in order given

Counsel must list instructions in order given and indicate timing (before opening, during trial, or before closing).

Counsel also shall list the instructions in the order they will be given and indicate whether the instruction should be read before opening statements, during trial, or before closing arguments.

Applies to

Jury instructions

Must include

use ninth circuit model instructions, case law only instructions discouraged, alternatives only with reasoned argument +2 more

Jury instructions must use Ninth Circuit model instructions when available, with alternatives only for reasoned legal arguments.

Sources: When possible, all instructions must be taken from the Manual of Model Criminal Jury Instructions for the Ninth Circuit (West Publishing Co., current edition). Where no applicable Ninth Circuit model instruction is available, counsel should consult the instructions from O'Malley, Grenig & Lee (formerly Devitt, et al.), Federal Jury Practice and Instructions (West Publishing Co., current edition). When submitting instructions other than Ninth Circuit model instructions, counsel should ensure the law on which the instruction is based is consistent with Ninth Circuit case law on the subject. Counsel may submit alternatives to the Ninth Circuit model jury instructions or O'Malley, Grenig & Lee instructions only if counsel has a reasoned argument that those instructions do not properly state the law or are incomplete. The Court seldom gives instructions derived solely from case law.

Applies to

Jury instructions

Must include

conform to case, do not change standard language, select appropriate bracketed text

Counsel must select appropriate bracketed text and conform instructions to case without changing standard language.

Where language appears in brackets in the model instruction, counsel shall select the appropriate text and eliminate the inapplicable bracketed text. It is counsel's duty to conform the instructions to the case (e.g., inserting names of defendant(s) or witness(es) to whom the instruction applies and selecting the appropriate bracketed text, but not changing the standard language of the instruction).

Applies to

Disputed jury instructions

Must include

proponent response, opponent objection basis, opponent supporting authority +2 more

Opponent must state objection basis, authority, and alternative on separate page; proponent responds on following page.

For any disputed instruction, the opponent shall state on a separate page following the disputed instruction: (a) the basis for the objection; (b) authority supporting the objection; and (c) an alternative instruction (if applicable). On the following page, the proponent shall briefly respond to the objection with supporting authority.

Applies to

Jury instructions

Must include

index in order given, consecutively numbered joint index, include disputed instructions in index +1 more

Joint index with consecutive numbering required for all proposed jury instructions, including disputed ones.

All proposed jury instructions must have a consecutively numbered joint index that lists the instructions in the order they will be given. Disputed instructions should be included in the index. The Court will renumber the jury instructions once they are finalized. The joint index should include (i) the number of the instructions; (ii) a brief title of the instruction; (iii) the source of the instruction; and (iv) the page number of the instruction.

Applies to

Verdict form

Must include

caption

Parties must agree on verdict form or file competing forms with redlines and legal basis.

The parties shall make every effort to agree on a verdict form before submitting proposals to the Court. If the parties are unable to agree on a verdict form, the parties shall file and email to Chambers (CV_Chambers@cacd.uscourts.gov) one document titled “Competing Verdict Forms” which shall include: (1) the parties’ respective proposed verdict form; (2) a redline of any disputed language; and (3) the factual or legal basis for each party’s respective position.

Applies to

Government materials

Must include

caption, judge name, case number

Government must provide 3 copies of indictment, witness list, exhibit list, and all exhibits before trial.

The government must present the following materials to the Courtroom Deputy Clerk before trial begins on the first day: (1) Three (3) copies of the indictment/information; (2) Three (3) copies of the government’s witness list; (3) Three (3) copies of the government’s exhibit list; and (4) All government exhibits in accordance with Section IV.B.3 (“Trial Exhibits”) below.

Applies to

Defense materials

Must include

caption, judge name, case number

Defense must email witness/exhibit lists to Chambers and provide to government/deputy clerk at start of defense case.

The Court prefers the defense counsel deliver defense exhibits to the Courtroom Deputy Clerk on the first day of trial, but counsel are not required to do so unless these exhibits have previously been provided to the government. Defense counsel shall provide the government and the Courtroom Deputy the defense witness list and exhibit list at the start of the defense case, at the latest. Defense counsel shall also simultaneously email CV_Chambers@cacd.uscourts.gov a Microsoft Word version of the defense witness list and defense exhibit list.

Applies to

Audio exhibits

Must include

transcript

Audio recordings must have transcripts provided to all parties and court before playing.

Exhibits consisting of audio recordings should be accompanied by appropriate transcripts to assist the trial participants in following along. The party seeking to admit an audio recording should provide transcripts to the opposing party well in advance of trial and, during trial, to the Court, court reporter, each juror, and opposing counsel before the audio recording is played.

Applies to

Trial exhibits

Exhibits cannot be shown to jurors before admission into evidence.

The Court does not permit exhibits to be “published” to the jurors before they are admitted into evidence. Once admitted, exhibits may be displayed electronically

Applies to

Trial procedures

Must include

local rule certificate

Counsel must adhere to Central District of California Civility and Professionalism Guidelines

The Court expects counsel to act in a courteous, reasonable, and professional manner. The Court expects that counsel will adhere strictly to the Central District of California's Civility and Professionalism Guidelines. See https://www.cacd.uscourts.gov/attorneys/admissions/civility-and-professionalism-guidelines.

Applies to

Trial procedures

Must include

certificate of conference

Parties must meet and confer on all trial issues before seeking court ruling

The parties must continue to meet and confer on all issues that arise during trial. The Court will not rule on any such issue unless the parties have first attempted to resolve it informally.

Applies to

Opening statements

Opening statements must not discuss law or argue the case

Counsel shall not discuss the law or argue the case in opening statements.

Applies to

Trial procedures

Counsel must use lectern and prepare visual aids in advance

Counsel must use the lectern. Counsel should not consume jury time by writing out words and drawing charts or diagrams. All such aids must be prepared in advance.

Applies to

Trial procedures

Speaking objections and guiding witnesses before jury are prohibited

Counsel must not make speaking objections before the jury or otherwise make speeches, restate testimony, or attempt to guide a witness.

Applies to

Trial procedures

Objections must state question and legal grounds; further argument requires court permission

Counsel must state the question and the legal grounds for the objection. If counsel desires to argue an objection further, counsel must seek permission from the Court to do so at sidebar or outside the jury's presence.

Applies to

Trial procedures

Sidebar conferences generally not permitted for evidentiary objections; anticipate issues and schedule hearings when jury is not present

Sidebar conferences are generally not permitted at the request of counsel for evidentiary objections, especially for issues that could have been anticipated. Counsel should anticipate significant issues and schedule a hearing when the jury is not waiting—e.g., before the jurors arrive or after they leave for the day.

Applies to

Trial procedures

Special accommodations must be notified to CRD one week before final pre-trial conference

Counsel must notify the CRD one week prior to the final pre-trial conference if a witness or party requires an interpreter or an accommodation under the Americans with Disabilities Act (or for any other reason).

Applies to

Trial procedures

Counsel must not approach courtroom personnel or jury box without court authorization

Counsel must not approach the Courtroom Deputy Clerk, the jury box, or the witness stand without court authorization and must return to the lectern when the purpose for the approach has been accomplished.

Applies to

Trial procedures

Counsel must rise when addressing court or when court/jury enters or leaves

Counsel must rise when addressing the Court and when the Court or the jury enters or leaves the courtroom, unless directed otherwise.

Applies to

Trial procedures

Counsel must address all remarks to the Court, not to other courtroom personnel

Counsel must address all remarks to the Court. Counsel must not address the Courtroom Deputy Clerk, the court reporter, persons in the audience, or opposing counsel.

Applies to

Trial procedures

Counsel must not address witnesses or parties by first names alone, except for minors under 14

Counsel must not address or refer to witnesses or parties by first names alone, except for witnesses who are below age fourteen (14).

Applies to

Trial procedures

Stipulations require conference with opposing counsel and defendant's personal concurrence

Counsel must not offer a stipulation unless counsel have conferred with opposing counsel and have verified that the stipulation will be acceptable. Any stipulation of fact will require the defendant's personal concurrence and shall be

Applies to

Trial procedure

Only one attorney may conduct examination or make objections for a particular witness.

Where a party has more than one lawyer, only one attorney may conduct the direct or cross-examination of a particular witness or make objections as to that witness.

Applies to

Trial procedure

Calling party must ensure witness is ready to resume testimony after recess.

If a witness was on the stand at the time of a recess or adjournment, the party that called the witness shall ensure the witness is back on the stand and ready to proceed as soon as trial resumes.

Applies to

Trial procedure

Documents must be provided to Court and opposing counsel before being shown to witnesses.

No document shall be placed before a witness unless a copy has been provided to the Court and opposing counsel.

Applies to

Trial procedure

Exhibits must be displayed via monitors; jury handouts require Court approval.

Once they are admitted in evidence, exhibits may be displayed to the jury using the monitors in the courtroom. The Court ordinarily does not permit exhibits to be handed to the jurors in the jury box. In the event an exhibit cannot be displayed properly via the monitors in the courtroom, counsel must secure approval by the Court before handing an exhibit to the jury.

Applies to

Trial procedure

Counsel must track exhibits and record admission into evidence.

Counsel must keep track of their exhibits and exhibit list, and record when each exhibit has been admitted into evidence.

Applies to

Trial procedure

Counsel must return exhibits to Courtroom Deputy Clerk before leaving.

Counsel are responsible for any exhibits they secure from the Courtroom Deputy Clerk and must return them before leaving the courtroom.

Applies to

Trial procedure

Unmarked exhibits must be requested for identification and shown to opposing counsel before court session.

Any exhibit not previously marked must be accompanied by a request that it be marked for identification at the time of its first mention. Counsel must show a new exhibit to opposing counsel before the court session in which it is mentioned.

Applies to

Trial procedure

Counsel must inform Courtroom Deputy Clerk of exhibit agreements and exhibits received without motion.

Counsel must inform the Courtroom Deputy Clerk of any agreements reached regarding any proposed exhibits, as well as those exhibits that may be received into evidence without a motion to admit.

Applies to

Trial procedure

Counsel must refer to exhibits by number and ensure witnesses do the same.

When referring to an exhibit, counsel must refer to its exhibit number. Counsel should instruct their witnesses to do the same. Counsel should make every effort to correctly identify for the record the exhibit being referred to and should use specific descriptions when directing witnesses to identify items within the exhibit.

Applies to

Sentencing memorandum

Must include

notice of intent not to file

Sentencing memoranda or notice of intent due 14 days before hearing.

No later than fourteen (14) days before the hearing, each party shall submit either a sentencing memorandum or a written notice of intent not to file one.

Applies to

Sentencing video

Sentencing videos are not permitted.

The Court does not permit submission or playing of sentencing videos.

Applies to

Supervision violation material

Must include

supporting declaration

Supervision violation materials due 7 days before hearing, or 2 court days with good cause.

Any material submitted for a hearing on an alleged or adjudicated violation of supervision shall be filed, when possible, seven (7) days before the hearing, and otherwise no later than two (2) court days, absent a showing of good cause set forth in a supporting declaration and court approval.

Applies to

Notice of motion

Must include

local rule certificate

Motion notice must include LR 7-3 compliance statement and declaration of conference details if hearing needed.

The Notice of Motion must include a statement of compliance with Local Rule 7-3. In addition, if the parties are unable to reach a resolution that eliminates the necessity for a hearing, counsel for the moving party must include a declaration, under penalty of perjury, that sets forth at a minimum the date(s) the conference took place and the position of each party with respect to each disputed issue that will be the subject of the motion. Failure to include such a declaration may result in the motion being denied.

Applies to

Proposed final pretrial conference order

Must include

proposed order

Proposed Final Pretrial Conference Order must be filed 14 days before FPTC.

The parties must file a proposed Final Pretrial Conference Order ("Proposed FPTCO") at least fourteen (14) days before the FPTC.

Applies to

Proposed final pretrial conference order

Must include

notice of electronic filing

Proposed FPTCO must be emailed to chambers in Microsoft Word format.

The parties shall email the Proposed FPTCO in Microsoft Word format to chambers at CV_Chambers@cacd.uscourts.gov.

Applies to

Pretrial documents

Must include

witness lists, motions in limine, joint exhibit list +1 more

Pretrial documents must be filed 28 days before FPTC.

The schedule for filing pretrial documents is as follows: At least twenty-eight (28) days before the FPTC: Motions in Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List

Applies to

Witness lists

Must include

chambers copy

Multiple trial documents must be emailed to chambers in Word format on due date.

The parties shall email copies of: (1) the Witness Lists, (2) the Joint Exhibit List, (3) the Joint Proposed FPTCO, (4) the Joint Agreed Upon Proposed Jury Instructions, (5) the Disputed Proposed Jury Instructions, (6) Joint Proposed Verdict Forms, and (7) Proposed Voir Dire Questions, including any amended documents, in Microsoft Word format to chambers the day they are due to Chambers at: CV_Chambers@cacd.uscourts.gov.

Applies to

Amended witness list

Must include

chambers copy

Amended witness lists must be filed by 5:00 PM Friday before trial.

Any Amended Witness List must be filed by 5:00 p.m. on the Friday before trial and emailed to CV_Chambers@cacd.uscourts.gov in Microsoft Word format.

Applies to

Amended joint exhibit list

Must include

chambers copy

Amended joint exhibit lists must be filed by 5:00 PM Friday before trial.

Any Amended Joint Exhibit List must be filed by 5:00 p.m. on the Friday before trial and emailed to CV_Chambers@cacd.uscourts.gov in Microsoft Word format.

Applies to

Jury instructions

Must include

joint agreed upon proposed

Joint jury instructions must be filed 14 days before FPTC.

Joint agreed upon proposed jury instructions must be filed no later than fourteen (14) days prior to the FPTC.

Applies to

Jury instructions

Must include

disputed instructions, joint agreed upon proposed

Structured timeline for jury instruction meet-and-confer process.

The parties shall meet and confer regarding jury instructions according to the following schedule: Thirty-five (35) days before the FPTC: The parties shall exchange proposed general and special jury instructions. Twenty-eight (28) days before the FPTC: The parties shall exchange any objections to the instructions. Twenty-one (21) days before the FPTC: The parties shall meet and confer with the goal of reaching agreement on one set of Joint Agreed Upon Proposed Jury Instructions. Fourteen (14) days before FPTC: The parties shall file their (1) Joint Agreed Upon Proposed Jury Instructions and their (2) Disputed Jury Instructions.

Applies to

Jury instructions

Must include

clean version, redline version, disputed language +2 more

Parties must file both clean and redline versions of jury instructions.

The parties shall file clean and "redline" sets of their (1) Joint Agreed Upon Proposed Jury Instructions, and (2) Disputed Jury Instructions. The "redline" sets shall include all modifications made by the parties to pattern or model jury instructions, any disputed language, and the factual or legal basis for each party's position.

Applies to

Jury instructions

Must include

source citation, most recent version, modifications to fit case

Specific sources for jury instructions with limited exceptions.

Sources: When the Manual of Model Jury Instructions for the Ninth Circuit provides an applicable jury instruction, the parties should submit the most recent version, modified and supplemented to fit the circumstances of the case. Where California law applies, the parties should use the current edition of the Judicial Council of California Civil Jury Instructions ("CACI"). If neither applies, the parties should consult the current edition of O'Malley, et al., Federal Jury Practice and Instructions. The parties may submit alternatives to these instructions only if there is a reasoned argument that they do not properly state the law or are incomplete. The Court seldom gives instructions derived solely from case law.

Applies to

Jury instructions

Must include

order of giving, consecutively numbered index

Joint index required for all proposed jury instructions.

All proposed jury instructions must have a consecutively numbered joint index that lists the instructions in the order they will be given.

Applies to

Joint verdict form

Must include

proposed order

Joint verdict form required 14 days before FPTC; competing forms with redlines if no agreement.

The parties shall make every effort to agree on a general verdict form before submitting proposals to the Court, and shall file a proposed joint general verdict form fourteen (14) days before the FPTC. If the parties are unable to agree on a verdict form, the parties shall file one document titled "Competing Verdict Forms" which shall include: (i) the parties' respective proposed verdict form; (ii) a "redline" of any disputed language; and (iii) the factual or legal basis for each party's respective position.

Applies to

Voir dire questions

Must include

caption, judge name, case number +2 more

Case-specific voir dire questions due 14 days before FPTC.

The parties may file any proposed case-specific voir dire questions for the Court's consideration at least fourteen (14) days before the FPTC. If it considers the questions proper, the Court will include them in the written questionnaire.

Applies to

Proposed findings conclusions

Must include

caption, judge name, case number +3 more

Proposed Findings of Fact and Conclusions of Law due 28 days before FPTC.

For any trial requiring findings of fact and conclusions of law, each party shall file and serve on the opposing party, no later than twenty-eight (28) days before the FPTC, its Proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3.

Applies to

Direct testimony declarations

Must include

caption, judge name, case number +3 more

Direct testimony declarations due 28 days before FPTC when ordered by Court.

When ordered by the Court in a particular case, each party shall, at least twenty-eight (28) days before the FPTC, file declarations containing the direct testimony of each witness whom that party intends to call at trial.

Applies to

Trial exhibits

Official exhibit tags required (yellow for plaintiff, blue for defendant)

The original exhibits shall bear the official exhibit tags (yellow tags for Plaintiff's exhibits and blue tags for Defendant's exhibits) affixed to the name, and exhibit number stated on each tag. Tags may be obtained from the Clerk's Office, or the parties may print their own exhibit tags using Forms G-14A and G-14B on the 'Court Forms' section of the Court's website at: https://www.cacd.uscourts.gov/forms/exhibit-tags-plaintiff-g-14a-defendant-g-14b-joint-g-14c.

Applies to

Trial exhibits

Must include

exhibit list

Three sets of trial exhibit binders and USB drive required on first day of trial.

The parties must present the following materials to the Courtroom Deputy Clerk on the first day of trial: 1. The three sets of binders described above, with one (1) original set of trial exhibits for the jury, and two (2) copies of trial exhibits for the Court. 2. The USB flash drive containing electronic versions of all exhibits. 3. Any excerpts of deposition transcripts to be used at trial, either as evidence or for impeachment. These lodged depositions are for the Court's use. The parties must use their own copies during trial.

Applies to

Meet and confer

Must include

certificate of conference

Parties must meet and confer on all trial issues before seeking court ruling.

The parties must continue to meet and confer on all issues that arise during trial. The Court will not rule on any such issue unless the parties have attempted to resolve it first.

Applies to

Objections

Must include

certificate of service

Objections must be brief; speaking objections prohibited without court permission.

Counsel must not make speaking objections before the jury or otherwise make speeches, restate testimony, or attempt to guide a witness. When objecting, counsel must rise to state the objection and state only that counsel objects and the legal grounds for the objection. If counsel desires to argue an objection further, counsel must seek permission from the Court to do so.

Applies to

Deposition designations

Must include

objections

Deposition designations must be filed 14 days before final pre-trial conference or lodged on first day of trial; untimely filing may result in exclusion.

Any party intending to use a deposition for impeachment or in lieu of live testimony must (a) file the deposition designations together with objections 14 days before the Final Pre-trial Conference if there are any objections or disputes requiring a ruling by the Court or (b) lodge the original deposition with the CRD on or before the first day of trial if there are no disputes. The untimely filing of the original deposition may result in exclusion.

Applies to

All filings

Must include

caption

Every filing must contain a captioned title with specific defendant information, registration numbers when applicable, and case milestone dates.

The captioned title of every filing shall contain: a. the name of the first-listed defendant as well as the name(s) and number(s) (in the order listed in the Indictment) of the particular defendant(s) to whom the filing applies, unless the document applies to all defendants; b. the individual defendant's registration number when applicable to the relief requested (e.g., requests for transfer, medical requests); and c. the milestone dates for Indictment, Final Pretrial Conference, Trial, and Last Day of the speedy trial period.

Applies to

Jury instructions

Parties must file clean and redline sets of joint agreed and disputed jury instructions.

The parties shall file clean and redline sets of their (1) Joint Agreed Upon Proposed Jury Instructions, and (2) Disputed Jury Instructions.

Applies to

Joint brief

Parties must submit a single joint brief for all summary judgment/adjudication motions, organized issue-by-issue with moving party's argument/JAF citation followed by opposition's response/JAF citation.

The parties shall work cooperatively to submit a single joint brief for all motions for summary judgment or adjudication (MSJs) brought by all moving parties. The joint brief shall be organized by issue, presenting the parties’ competing positions on an issue-by-issue basis. For each issue, the moving party shall present legal argument and citation to the Joint Appendix of Facts (JAF), see infra, followed immediately by the opposition’s response that similarly must be supported by legal argument and citation to the JAF.

Applies to

Ex parte application

Must include

proposed order

All ex parte applications must include a proposed order.

All ex parte applications must include a proposed order.

Applies to

Proposed order

Proposed orders must include the relief sought, affected defendants, relevant supporting rationale and authority, and be submitted in a court-originating form.

Proposed orders must state the relief sought, the defendant(s) affected, and, when relevant, the supporting rationale and authority—and must be submitted in a form that would originate from the Court.

Applies to

Supplemental memorandum

Supplemental memoranda may not be used to supplement JAF or JAE.

The parties may not use this filing to supplement the JAF or the JAE in any way.

Applies to

Brief

Must include

local rule certificate

All submitted briefs must include a Certificate of Compliance per Local Civil Rule 11-6.2.

All submitted briefs must be accompanied by a Certificate of Compliance as set forth in Local Civil Rule 11-6.2.

Applies to

Supplemental brief

Supplemental briefs may not be filed without prior permission from the Court.

No supplemental brief shall be filed without prior leave of Court.

Applies to

Proposed sentencing date

Counsel for both parties must confer and provide a proposed sentencing date to the CRD upon checking in for the plea hearing.

Counsel for both parties shall confer and provide a proposed sentencing date to the courtroom deputy (CRD) upon checking in.

Applies to

Discovery motion

All discovery motions must include particularity of the request, basis, prior request status, and opposing counsel's response.

All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery at issue has been requested, and opposing counsel’s response to such request.

Applies to

Detention request

Detention requests must state and apply the applicable detention standard.

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.

Applies to

Trial memorandum

Government trial memoranda must include specified factual, legal, and procedural content, and indicate party agreement on those points after meet and confer.

The government’s trial memorandum shall set forth: (i) a factual summary of the government’s case-in-chief; (ii) a statement of the charges and the elements of each charge; (iii) a time estimate of the length of the government’s case-in-chief, including anticipated cross-examination; and (iv) a discussion of relevant legal and evidentiary issues as applied to the facts of the particular case. The government shall specify, after a meet and confer, whether the parties agree or disagree on matters (i) through (iv).

Applies to

Witness list

Witness lists must identify all potential witnesses, follow Local Civil Rule 16-5 format, include required per-witness details, and use the judge’s template.

Witness lists must identify all potential witnesses and must be in the format specified in Local Civil Rule 16-5. If the defense objects to identifying a potential witness (not already on the government’s list), the objection must be raised at the final pre-trial conference. The lists must include for each witness: (i) a brief description of the testimony; (ii) the reasons the testimony is unique and not redundant; and (iii) a time estimate in hours for direct and cross-examination. The parties should use the template posted to Judge Valenzuela’s webpage.

Applies to

Exhibit list

Exhibit lists must follow Local Civil Rule 16-6 format, include objection details, use sequential numbering, and use the judge’s template.

Exhibit Lists must: (1) be in the format specified in Local Civil Rule 16-6; (2) include an additional column stating any objections to authenticity and/or admissibility; and (3) state the reasons for the objections. The parties should use the template posted to Judge Valenzuela’s webpage. Exhibits shall be numbered sequentially 1, 2, 3, etc., not 1.1, 1.2, 1.3, etc. See Local Civil Rule 16-6. The list should include defense exhibits to the extent the defense does not object to disclosure.

Applies to

Glossary

Parties must provide a case-specific glossary for the court reporter covering technical terms, names, and case-specific terminology.

The parties must provide a case-specific glossary for the court reporter that includes applicable medical, scientific, or technical terms, gang terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/agents/departments/entities involved in the case, names of people interviewed/deposed, names of family members, friends, or others who might be mentioned, and other case-specific terminology.

Applies to

Jury instructions redline

Redline sets of jury instructions must include modifications, disputed language, and factual/legal basis.

The redline sets shall include all modifications made by the parties to pattern or model jury instructions, any disputed language, and the factual or legal basis for each party's position as to each disputed instruction.

Applies to

Jury instructions

Counsel must select appropriate bracketed text and conform jury instructions to the case without changing standard language.

Where language appears in brackets in the model instruction, counsel shall select the appropriate text and eliminate the inapplicable bracketed text. It is counsel's duty to conform the instructions to the case (e.g., inserting names of defendant(s) or witness(es) to whom the instruction applies and selecting the appropriate bracketed text, but not changing the standard language of the instruction).

Applies to

Jury instructions disputed

For disputed jury instructions, opponent must state objection basis, authority, and alternative; proponent must respond; instructions should be organized by subject.

For any disputed instruction, the opponent shall state on a separate page following the disputed instruction: (a) the basis for the objection; (b) authority supporting the objection; and (c) an alternative instruction (if applicable). On the following page, the proponent shall briefly respond to the objection with supporting authority. Where appropriate, the disputed instructions shall be organized by subject, so that instructions that address the same or similar issues are presented sequentially.

Applies to

Jury instructions index

Proposed jury instructions must have a consecutively numbered joint index with specific required elements.

All proposed jury instructions must have a consecutively numbered joint index that lists the instructions in the order they will be given. Disputed instructions should be included in the index. The Court will renumber the jury instructions once they are finalized. The joint index should include (i) the number of the instructions; (ii) a brief title of the instruction; (iii) the source of the instruction; and (iv) the page number of the instruction.

Applies to

Jury instructions

Counsel must list jury instructions in order and indicate when they should be read.

Counsel also shall list the instructions in the order they will be given and indicate whether the instruction should be read before opening statements, during trial, or before closing arguments.

Applies to

Competing verdict forms

Parties must file a document titled 'Competing Verdict Forms' if they cannot agree on a verdict form.

If the parties are unable to agree on a verdict form, the parties shall file and email to Chambers (CV_Chambers@cacd.uscourts.gov) one document titled “Competing Verdict Forms” which shall include: (1) the parties’ respective proposed verdict form; (2) a redline of any disputed language; and (3) the factual or legal basis for each party’s respective position.

Applies to

Stipulation and proposed order

Must include

proposed order

For non-Central District of California Western Division judge calendar conflicts, counsel must file a Stipulation and Proposed Order proposing a new hearing date.

Counsel must propose a new date by Stipulation and Proposed Order as soon as possible and not later than three (3) days before the scheduled appearance.

Applies to

Discovery related document

Must include

caption

All discovery-related documents must include the phrase 'DISCOVERY MATTER' in the caption.

All discovery-related documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing.

Applies to

Notice of motion

Must include

local rule certificate

Notice of Motion must contain a statement confirming compliance with Local Rule 7-3 (pre-filing meet and confer requirement).

The Notice of Motion must include a statement of compliance with Local Rule 7-3.

Applies to

Motion

Must include

certificate of conference

Moving party must include a perjury declaration with meet and confer dates and party positions on disputed issues if no resolution is reached; failure to do so may result in motion denial.

In addition, if the parties are unable to reach a resolution that eliminates the necessity for a hearing, counsel for the moving party must include a declaration, under penalty of perjury, that sets forth at a minimum the date(s) the conference took place and the position of each party with respect to each disputed issue that will be the subject of the motion. Failure to include such a declaration may result in the motion being denied.

Applies to

All

All case law citations must follow Bluebook style and include specific page references for quoted language or language cited in support of a proposition.

Bluebook style is required. Citations to case law must identify not only the case cited, but the specific page referenced. For example, if a quotation is presented, the associated page citation shall be provided. Similarly, if a case is cited in support of a proposition based on language in the opinion, the page on which such language appears shall be provided.

Applies to

All

All citations must follow Bluebook style; statutory references must specify sections/subsections, and treatises/manuals should include volume, section, and page references.

Bluebook style is required. Statutory references must identify with specificity the sections and subsections referenced. Citations to treatises, manuals, and other materials should include the volume, section, and pages being referenced.

Applies to

Motion to amend

Motions to amend pleadings must include clean and redlined versions of the proposed amended moving papers.

all motions to amend pleadings shall include “clean” and “redlined” versions of the proposed amended moving papers.

Applies to

Motion for default judgment

Motions for default judgment must include a showing of both subject matter and personal jurisdiction.

A motion for default judgment must include a showing of both subject matter jurisdiction and personal jurisdiction.

Applies to

Attorney fees motion

Attorney fees motions must attach two table-form summaries of attorney hours and billing rates, including task details, hours per task, rates, and separate calculations for rate changes during the case.

Any motion or request for attorney fees shall attach two summaries, in table form, of the hours worked by and billing rate of each attorney with title (i.e., partner, counsel, associate, etc.). The table shall include a summary of the hours worked by each attorney, organized by attorney. The table shall list all the tasks on which the attorney worked, the hours worked on each task, and the hourly rate of each attorney. If the hourly rate charged by any individual attorney changed while the action was ongoing, the party shall provide separate calculations for the total number of hours the attorney spent in connection with each task at each hourly rate.

Applies to

Attorney fees opposition

Opposing parties must specify objections to attorney fees requests using the Court’s prescribed table format.

An opposing party shall specify its objections to the fee requests and time spent in the form set forth below: Attorney Date Description Time Reduce Objection Reason for Challenged By Objection Attorney 1/1/25 T/C with 3.0 3.0 Vague Fails to A consultant articulate who the consultant was and what the conversation concerned. Attorney 1/10/25 Research 2.5 2.3 Excessive Notice of B Notice of Related Related Cases Cases is a form document. Attorney 1/20/25 Calendared 1.3 1.3 Clerical Attorney C Dates Work cannot charge for clerical work.

Applies to

Summary judgment motion

In ERISA benefit cases, summary judgment motions will not be heard without an agreed statement of facts; motions on standard of review and administrative record scope are permitted.

Absent an agreed upon statement of facts, the Court will not hear motions for summary judgment. However, the Court will hear motions to determine the standard of review and the scope of the administrative record.

Applies to

Motion

Must include

proposed order

Parties filing or opposing a motion or seeking determination of any matter must serve and electronically lodge a proposed order.

Each party filing or opposing a motion or seeking the determination of any matter shall serve and electronically lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations.

Applies to

Ex parte application

Must include

certificate of conference

Ex parte applications must conform to Local Rules 7-19 and 7-19.1 including opposing counsel position statement.

Ex parte applications that fail to conform to Local Rules 7-19 and 7-19.1, including a statement of opposing counsel's position, will not be considered except upon a specific showing of good cause.

Applies to

Proposed order

Must include

proposed order

Proposed orders for continuance or extension requests must be in Word format, emailed to chambers on the day of e-filing, and include all relief sought by the parties.

A proposed order in Word format must be emailed directly to the Court’s chambers email address at CV_Chambers@cacd.uscourts.gov on the day the document is e-filed. The proposed order must include the entire relief the parties seek.

Applies to

All papers

All papers filed by counsel must include counsel's email address and telephone number.

Counsel must include on all papers his or her email address and telephone number to facilitate communication with the Courtroom Deputy Clerk.

Applies to

Joint brief

Must include

signature blocks, certificate of compliance

Opposing party must sign the joint brief and include a Certificate of Compliance for its portion per Local Rule 11-6.2.

At this point, the opposing party should sign the joint brief, and include a Certificate of Compliance regarding its portions of the brief. See Local Rule 11-6.2.

Applies to

Joint brief

Must include

signature blocks, certificate of compliance

Moving party must include Certificate of Compliance for its portion of joint brief per Local Rule 11-6.2.

The moving party should include a Certificate of Compliance regarding its portions of the joint brief. See Local Rule 11-6.2.

Applies to

Joint brief

Must include

notice of motion

Joint brief must be accompanied by Notice of Motion and Motion for Summary Judgment, and calendared per Local Rules by hearing cutoff.

The joint brief shall be accompanied by a Notice of Motion and Motion for Summary Judgment and shall be calendared pursuant to the Local Rules on an available date no later than the motion hearing cutoff in the case management order.

Applies to

Supplemental memorandum

Must include

certificate of compliance

Supplemental memoranda must include Certificate of Compliance per Local Rule 11-6.2.

A supplemental brief must be accompanied by a Certificate of Compliance pursuant to Local Rule 11-6.2.

Applies to

JAF

Joint brief must be accompanied by a JAF (table of undisputed/disputed facts), which supersedes Local Rules 56-1-56-3, eliminating need for separate Statement of Uncontroverted Facts.

The joint brief shall be accompanied by a single statement of undisputed and disputed facts contained in a JAF presented in a table. This Court’s requirements for the JAF supersede the requirements in Local Rules 56-1, 56-2, and 56-3 for a “Statement of Uncontroverted Facts,” which the parties need not additionally file.

Applies to

Joint appendix of facts

JAF Column 1 must contain sequentially numbered undisputed fact numbers, divided into sections by element of proof.

Column No. 1. The first column shall contain the number of the fact alleged to be undisputed. All asserted undisputed facts shall be sequentially numbered and divided into sections according to the element of proof to which the facts relate.

Applies to

Joint appendix of facts

JAF Column 2 must contain plain, non-compound, separate facts; no legal arguments or conclusions; no repetition, with first reference incorporated by reference.

Column No. 2. The second column shall contain a plain statement of the fact.  Facts shall not be compound (e.g., Mike and Jane signed a contract, and Jane mailed the contract in May 2017).  Each fact must be stated separately in its own row as shown below.  Neither legal arguments nor conclusions constitute facts.  Facts shall not be repeated if they relate to multiple claims for multiple elements of proof. The first reference to a fact in the JAF shall serve and—through incorporation by reference—can be cited to support all subsequent claims (e.g., “See JAF 1–5”).

Applies to

Joint appendix of facts

JAF Column 3 must cite admissible evidence supporting the fact, which must be included in the JAE.

Column No. 3. The third column shall contain a citation to admissible evidence that supports the proffered fact; the evidence cited must be included in the JAE.

Applies to

Joint appendix of facts

JAF Column 4 must contain opposing party's response with four required elements, citing evidence included in the JAE.

Column No. 4. The fourth column shall contain the opposing party’s response to the fact alleged to be undisputed: (1) stating that the fact is undisputed or disputed, (2) briefly stating why the opposing party disputes the fact, (3) citing with specificity the evidence that refutes the fact, and (4) explaining how the cited evidence refutes the fact; the evidence cited must be included in the JAE.

Applies to

Joint appendix of facts

Parties must prepare JAF in good faith, subject to appropriate sanctions for non-compliance.

Good-Faith Preparation. The parties shall cooperate to prepare the JAF in good faith and otherwise will be subject to appropriate sanctions.

Applies to

Joint appendix of facts

Parties must cooperatively identify a single set of undisputed facts to avoid duplication or confusion.

The parties shall work cooperatively to identify a single set of facts alleged to be undisputed to avoid unnecessary duplication or confusion.

Applies to

Joint appendix of facts

Parties must provide only material, noncompound facts arranged by relevancy, and not cut and paste from the joint brief's background.

The parties shall provide only material facts, in a noncompound form, arranged according to their relevancy to a particular issue. Do not rotely “cut and paste” from the “Background” of the joint brief.

Applies to

Joint appendix of facts

Court will deem a fact undisputed if a party disputes it in bad faith by offering non-contradictory evidence or failing to cite supporting evidence.

If a party disputes a fact in bad faith by offering evidence that does not contradict the proffered fact or by failing to provide a specific citation to the supporting evidence, the Court will deem the fact

Applies to

Joint appendix of facts

Parties disputing a JAF fact in part must state 'Disputed in Part', highlight disputed text in bold italics, and provide evidentiary support.

If a party disputes a fact in part, the disputing party should state “Disputed in Part,” highlight the disputed part in bold italics, and provide the specific evidentiary support for the dispute (see example above).

Applies to

Joint appendix of facts

JAF must be narrow and concise as warranted by the issues in summary judgment.

The JAF should be as narrow and concise as the issues on summary judgment properly warrant.

Applies to

Joint brief

Joint briefs must be accompanied by a separate JAE appendix of evidence.

The joint brief shall be accompanied by a JAE—i.e., a separate, tabbed appendix of all evidence in support of or opposition to the MSJ, including declarations, deposition excerpts, documents, photographs, etc.

Applies to

Physical evidence

Physical evidence must be lodged separately from the JAE.

Physical evidence (e.g., video recordings) shall be lodged separately.

Applies to

Evidence

All evidence must be included in the JAE, not in memoranda or other documents.

No evidence should be attached to a memorandum of points and authorities or included anywhere other than in the JAE.

Applies to

Joint appendix of evidence

JAE must contain a table of contents.

The JAE shall include a table of contents.

Applies to

Declaration

Declarations must contain only admissible facts with no argument; evidence must be properly authenticated.

Declarations shall set out admissible facts without any argument, and evidence must be properly authenticated by stipulation, declaration, or otherwise.

Applies to

Evidence

Parties may only submit evidence necessary to support or controvert undisputed facts, not entire source documents.

No party shall submit evidence other than the specific evidence necessary to support or controvert a proposed statement of undisputed fact. Do not, for example, submit the entire deposition transcripts or an entire set of interrogatory responses when relying on only a portion thereof.

Applies to

Deposition excerpt

Multiple parties' excerpts of the same deposition must be combined into a single exhibit.

When multiple parties wish to produce different excerpts of the transcript of the same deposition, the excerpts shall be combined into a single exhibit containing all pages to which either party cites.

Applies to

Joint appendix of objections

JAO must be a single separate document with a three-column table of evidentiary objections.

The parties shall prepare a Joint Appendix of Objections (JAO) containing any evidentiary objections in a single, separate document presented in a three-column table as follows:

Applies to

Notice of motion

Must include

local rule certificate

The Notice of Motion must contain a statement confirming compliance with Local Rule 7-3's pre-filing meet and confer requirement.

The Notice of Motion must include a statement of compliance with Local Rule 7-3.

Applies to

Motion

Must include

certificate of conference

If parties cannot resolve the dispute after meet and confer, the moving party's counsel must include a perjury declaration detailing conference date(s) and each party's position on disputed issues with the motion, or the motion may be denied.

In addition, if the parties are unable to reach a resolution that eliminates the necessity for a hearing, counsel for the moving party must include a declaration, under penalty of perjury, that sets forth at a minimum the date(s) the conference took place and the position of each party with respect to each disputed issue that will be the subject of the motion. Failure to include such a declaration may result in the motion being denied.

Applies to

Joint status report

Joint Status Reports must not disclose settlement positions, must describe informal resolution efforts if no settlement is reached, and must include the mediator's name.

The Joint Status Report shall not disclose the parties’ settlement positions, i.e., the terms of any offers or demands. If the parties were unable to reach a settlement, the Status Report shall describe the efforts made by the parties to resolve the dispute informally, i.e., the occasions and dates when the parties participated in mediation or settlement conferences. The Status Report shall also include the name of the mediator who assisted the parties with their settlement conference.

Applies to

Proposed final pretrial conference order

Parties must use the Proposed FPTCO template available on Judge Valenzuela’s webpage.

A template for the Proposed FPTCO is available on Judge Valenzuela’s webpage. The parties must use this template.

Applies to

Proposed final pretrial conference order

Proposed FPTCO must specify which claims or counterclaims have been dismissed or abandoned in the surviving pleadings section.

In specifying the surviving pleadings under section 1, state which claims or counterclaims have been dismissed or abandoned, e.g., “Plaintiff’s second cause of action for breach of fiduciary duty has been dismissed.”

Applies to

Proposed final pretrial conference order

Proposed FPTCO must include agreed uncontested facts, factual issues as ultimate facts, and legal issues for the Court to rule on.

The parties must attempt to agree on and set forth as many uncontested facts as possible. In drafting the factual issues in dispute, the parties must state issues as ultimate facts, rather than evidentiary facts. Issues of law should state legal issues on which the Court will be required to rule during the trial and should not list ultimate fact issues to be submitted to the trier of fact.

Applies to

Proposed findings of fact and conclusions of law

Proposed Findings of Fact and Conclusions of Law must be in the format specified in Local Rule 52-3.

For any trial requiring findings of fact and conclusions of law, each party shall file and serve on the opposing party, no later than twenty-eight (28) days before the FPTC, its Proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3.

Applies to

Trial exhibit

Original trial exhibits must bear official tags (yellow for plaintiff, blue for defendant), copies must bear tag copies, both with right-side tabs; tags are available from the Clerk’s Office or the court website.

The original exhibits shall bear the official exhibit tags (yellow tags for Plaintiff’s exhibits and blue tags for Defendant’s exhibits) affixed to the name, and exhibit number stated on each tag. Tags may be obtained from the Clerk’s Office, or the parties may print their own exhibit tags using Forms G-14A and G-14B on the “Court Forms” section of the Court’s website at: https://www.cacd.uscourts.gov/forms/exhibit-tags-plaintiff-g-14a-defendant-g-14b-joint-g-14c. The copies of exhibits must bear copies of the official exhibit tags that were placed on the original exhibits and be indexed with tabs or dividers on the right side.

Applies to

Trial exhibit

Parties must submit a USB flash drive with electronic versions of all trial exhibits, with separate folders for plaintiff and defendant exhibits, and file names including the exhibit number and a brief description.

The parties must also submit to the Court a USB flash drive containing electronic versions of all exhibits. Plaintiff’s exhibits must be placed in a separate folder from Defendant’s exhibits, and the document file names must include the exhibit number and a brief description of the document, for example: “Ex. 1 - Smith Declaration.pdf” or “Ex. 105 - Letter Dated 1-5-20.pdf.”

Applies to

Ex parte application

Ex parte applications must comply with Local Rules 7-19/7-19.1 and include opposing counsel’s position, absent specific good cause.

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.

Applies to

Sealing declaration

A declaration with competent evidence is required to justify filing documents under seal.

Declaration setting forth competent evidence explaining why the document(s) should be filed under seal.

Applies to

Stipulation of dismissal

Must include

signature blocks

Mandatory in-person appearance required at all court appearances until stipulation of dismissal is filed, even if settlement reached.

Under no circumstances should counsel, or a party if the party is appearing pro se, fail to appear at a court appearance unless their appearance has been waived by prior order of the Court. Even if a settlement has been reached, counsel for all parties, or the party if appearing pro se, must appear at court appearances until a stipulation of dismissal signed by all parties has been lodged with the Court.

Applies to

Ex parte application

Must include

statement of opposing counsel position

Ex parte applications must conform to Local Rules 7-19 and 7-19.1 and include opposing counsel's position

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.

Applies to

General

Counsel must include contact information on their papers.

Counsel should list their email addresses and phone numbers on their papers in order to facilitate communication by the Courtroom Deputy Clerk.

Applies to

Notice of settlement

Must include

caption, judge name, case number +2 more

Parties must immediately notify court of settlement by phone, email, or notice filing.

If settlement is reached at any time in this litigation, the parties shall immediately notify the Court by telephone, email, or by filing a notice of settlement. Local Rule 40-2.

Applies to

Order

Plaintiff's counsel or plaintiff must serve this order on all parties; removing defendants must serve if case came by removal.

Plaintiff’s counsel or plaintiff (if appearing on his or her own behalf) shall immediately serve this Order on all parties, including any new parties to the action. If this case came to the Court by a Notice of Removal, the removing defendant(s) shall serve this Order on all other parties.

Applies to

Scheduling conference

Must include

notice of electronic filing

Scheduling conference required under FRCP 16(b).

The parties are hereby ordered to appear before this Court for a Scheduling Conference on the above-listed date and time, pursuant to Federal Rule of Civil Procedure 16(b).

Applies to

Sealing application

Must include

chambers copy

Deliver 1 conformed application copy, 1 proposed order copy, and 1 under seal document copy to intake window without envelopes.

The filer will deliver the following documents to the intake window: one conformed copy of the application, one copy of the proposed order, and one copy of the proposed under seal document. (These are the Court's mandatory chambers copies). NO envelopes are used. The intake clerk will put a red sheet of paper (under seal filing) on top of the papers and put the stack into the Judge's box at Intake. The intake clerk will not stamp or review the papers.

Applies to

Sealing application

Must include

chambers copy

Deliver chambers copies to Clerk's Office intake in Santa Ana, not Judge Carter's 9th floor drop box.

ALWAYS deliver the mandatory chambers copies of under seal documents to the intake section of the Clerk's Office in Santa Ana. DO NOT deliver mandatory chambers copies of under seal documents to Judge Carter's drop box on the 9th Floor.

Applies to

Sealing application

Must include

proof of service

Serve conformed under seal documents on all parties and file proof of service within 24 hours after court rules.

After the Court rules on the application, the courtroom deputy will e-mail conformed copies of the necessary documents to the filer.* The filer is required to serve copies of the conformed under seal documents on all other parties, as necessary, and file a proof of service within 24 hours of the courtroom deputy returning the conformed copies of the documents.

Applies to

Sealing application

Must include

chambers copy

Deliver 1 application copy, 1 proposed order copy, 1 under seal document copy, and Notice of Manual Filing to intake window without envelopes.

The filer delivers the following documents to the intake window: one copy of the application, one copy of the proposed order, one copy of the proposed under seal document, and the Notice of Manual Filing. (These are the Court's mandatory chambers copies). NO envelopes are used. The intake clerk will put a red sheet of paper (under seal filing) on top of the papers and put the stack into the Judge's box at intake. The Intake Clerk will not stamp or review the papers.

Applies to

Sealing application

Must include

chambers copy

Deliver chambers copies to Clerk's Office intake in Santa Ana, not Judge Carter's 9th floor drop box.

ALWAYS deliver the mandatory chambers copies of under seal documents to the intake section of the Clerk's Office in Santa Ana, DO NOT deliver mandatory chambers copies of under seal documents to Judge Carter's drop box on the 9th Floor.

Applies to

Sealing application

Must include

proof of service

Serve conformed under seal documents on all parties and file proof of service within 24 hours after court rules.

After the Court rules on the application, the courtroom deputy will e-mail conformed copies of the documents to the filer.* The filer is required to serve copies of the conformed under seal documents on all other parties, as necessary, and file a proof of service within 24 hours of the courtroom deputy returning the conformed copies of the documents.

Applies to

Statement of genuine disputes

Must include

statement of facts

Opposing party must explain why disputed facts are controverted with citations.

To demonstrate that a fact is disputed, the opposing party shall briefly state why it disputes the moving party’s allegedly undisputed fact, cite to the relevant exhibit or other evidence controverting the allegedly undisputed fact, and describe what it is in that exhibit or evidence that controverts the allegedly undisputed fact.

Applies to

Statement of genuine disputes

Evidentiary objections must be noted in right column and detailed in separate table.

If the opposing party objects to the evidence supporting an allegedly undisputed fact, the party shall state in the right hand column the presence of that objection, by simply stating “Evidentiary Objection.” The specific grounds of each objection should be included in a separate table.

Applies to

Statement of genuine disputes

No legal arguments allowed in Statement of Genuine Disputes.

No legal argument shall be set forth in this document.

Applies to

Motion

Must include

lodged deposition transcript

Extensive deposition citations require lodging transcript with court.

If a deposition is cited extensively, the parties should lodge a copy of the deposition transcript with the Court.

Applies to

Objections to evidence

Must include

caption

Evidentiary objections require separate document filed with motion/opposition.

If a party disputes a fact based in whole or in part on an evidentiary objection, the party should file a separate document entitled “Objections to Evidence Offered in Support of [Party’s] [Motion/Opposition].” The Objections to Evidence should be filed in conjunction with the

Applies to

Statement of uncontroverted facts

Must include

notice of electronic filing

Statements of fact must be emailed to chambers in Word or Excel format.

In addition to filing statements of fact, the Parties should email the Statement of Uncontroverted Facts and Statement of Genuine Disputes in Word or Excel format to DOC_Chambers@cacd.uscourts.gov.

Applies to

Memorandum of contentions of fact and law

Must include

caption, judge name, case number

Memoranda of Contentions due 21 days before FPTC; proposed FPTCO due 11 days before.

The Memoranda of Contentions of Fact and Law are due twenty-one (21) days before the FPTC and the proposed FPTCO is to be lodged eleven (11) days before the FPTC.

Applies to

Joint statement of case

Must include

caption, judge name, case number