Central District of California Service and Proof of Service Rules

Applies to

Sealed document

Service

Other to opposing party

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

Documents electronically filed under seal will not be accessible through the Notice of Electronic Filing ("NEF"). The filing party is therefore responsible for serving all sealed documents and attachments on opposing counsel by other means. A certificate of service must be included with every sealed filing and a copy of the NEF should be served with the sealed document.

Applies to

Sealed document

Service

Other to opposing party

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

Therefore, you must serve all sealed documents by other means. Print the NEF and serve it, the sealed declaration, and the unredacted document on opposing counsel.

Service

Other to opposing party

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

Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Applies to

Sealed document

Service

Other to opposing party

Sealed documents must be served by other means (print and serve) because they are not accessible through the NEF.

Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Deadline

3 calendar days

Required

Always

Service

Other

Plaintiff must serve complaint and file proof of service within 3 days; defendants must serve responsive pleadings and file proof of service within 3 days.

If plaintiff has not already served the operative complaint on all defendants, plaintiff promptly must do so and must file proofs of service within three days thereafter. Defendants also must timely serve and file their responsive pleadings, and within three days thereafter, file proofs of service.

Applies to

Complaint

Service

Other

Plaintiffs must promptly serve the complaint under FRCP 4 and file proofs of service.

Plaintiffs must promptly serve the Complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Fed. R. Civ. P. 4.

Service

Other

Moving party must serve the nonmoving party by email, fax, or personal service in addition to complying with 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.

Deadline

3 calendar days

Required

Always

Applies to

Summons and complaint

Service

Personal service to all parties

Plaintiff must serve the complaint promptly 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.

Applies to

Ex parte application

Service

Electronic service

Ex parte applications should be served electronically if possible.

The applicant shall serve the opposing party electronically, if possible.

Applies to

Ex parte application

Service

Other

Parties enrolled for fax or mail service must be served ex parte applications by fax or personal service.

Parties enrolled for service by facsimile or mail must be served the ex parte application by facsimile or personal service.

Deadline

7 calendar days

Service

Electronic service to other

Moving party must provide electronic copies of its joint brief portion, JAF, and JAE to opposing party within 7 days after meet and confer.

No later than seven days after the meet and confer, the moving party shall provide to the opposing party an electronic copy of the moving party’s portion of the joint brief, together with the moving party’s portion of the JAF and Joint Appendix of Evidence (JAE), see infra.

Deadline

14 calendar days

Service

Electronic service to other

Opposing party must provide electronic integrated motion (including its joint brief portion, JAF, JAE) to moving party within 14 days of receiving moving papers.

No later than 14 days after receiving the moving party’s papers, the opposing party shall provide to the moving party an electronic copy of the integrated motion, which shall include the opposing party’s portion of the joint brief, JAF, and JAE.

Applies to

Ex parte application

Service

Electronic service to opposing party

Ex parte applications must be served electronically if possible; exempt defendants must be served by fax or personal service. Service is 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. All parties registered for electronic service are sent a notification of ECF filing each time a document is e-filed with a link to the document for one free view. Defendants exempt from electronic service must be served the ex parte application by facsimile or personal service. See Local Criminal Rules 49-1.2, 49-1.3.2(b); Local Civil Rule 5-3.

Service

Other to other

Bail review requests based on changed circumstances must first be addressed to the Magistrate Judge and served on opposing counsel and the United States Probation and Pretrial Services Office.

Any request for bail review based on changed circumstances or information not previously presented to the Magistrate Judge shall be addressed in the first instance to the Magistrate Judge and shall be served on both opposing counsel and the United States Probation and Pretrial Services Office.

Deadline

35 calendar days

Service

Other

Parties must exchange proposed jury instructions 35 days before FPTC.

Thirty-five (35) days before the FPTC: The parties shall exchange proposed general and special jury instructions.

Deadline

28 calendar days

Service

Other

Parties must exchange objections to jury instructions 28 days before FPTC.

Twenty-eight (28) days before the FPTC: The parties shall exchange any objections to the instructions.

Deadline

28 calendar days

Applies to

Proposed findings of fact and conclusions of law

Service

Other to opposing party

Proposed Findings of Fact and Conclusions of Law must be served on opposing party 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.

Service

Other

Sealed documents must be served on opposing counsel by other means (not via NEF); certificate of service required; copy of NEF should be served with sealed document.

Documents electronically filed under seal will not be accessible through the Notice of Electronic Filing ('NEF'). The filing party is therefore responsible for serving all sealed documents and attachments on opposing counsel by other means. A certificate of service must be included with every sealed filing and a copy of the NEF should be served with the sealed document.

Service

Other to opposing party

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

Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Applies to

Sealed document

Service

Other to opposing party

Sealed documents must be served by other means because they are not accessible through the NEF.

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it, the sealed declaration, and the unredacted document on opposing counsel.

Applies to

Sealed document

Service

Other

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

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Deadline

0 calendar days

Applies to

Sealed document

Service

Other to opposing party

Sealed documents must be served by other means because they are not accessible through the NEF; print the NEF and serve it with the sealed document on opposing counsel.

Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Service

Other to opposing party

Proposed Findings of Fact and Conclusions of Law must be served on the opposing party.

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

Deadline

3 calendar days

Applies to

Proof of service

Service

Personal service

Proofs of service must be filed within 3 days after service of summons and complaint.

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.

Deadline

35 calendar days

Required

Always

Applies to

Jury instructions

Service

Other to all parties

Parties must exchange proposed jury instructions 35 days before the final pretrial conference.

Thirty-five (35) days before the FPTC: The parties shall exchange proposed general and special jury instructions.

Deadline

28 calendar days

Required

Always

Applies to

Jury instructions

Service

Other to all parties

Parties must exchange objections to jury instructions 28 days before the final pretrial conference.

Twenty-eight (28) days before the FPTC: The parties shall exchange any objections to the instructions.

Applies to

Initial standing order

Service

Other to all parties

Plaintiff's counsel must immediately serve this Standing Order on all parties and their counsel; defendants that removed the case from state court must serve the Order on all other parties.

Counsel for plaintiff(s) 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(s) who removed the case shall serve this Order on all other parties.

Applies to

Complaint

Service

Other to all parties

Plaintiff must promptly serve the complaint per Fed. R. Civ. P. 4 and 5 and file required proofs of service per Local Rule 5-3.1.2.

Plaintiff shall promptly serve the complaint in accordance with Fed. R. Civ. P. 4 and 5 and file the proofs of service pursuant to Local Rule 5-3.1.2.

Service

Other to opposing party

Ex parte applications must be electronically served if possible; parties on e-service are deemed served upon e-filing, and parties set up for fax or mail service must be served by fax or personal service.

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 for one free view). For those parties set up for service by fax or mail, the ex parte application must be served by fax or personal service.

Deadline

3 calendar days

Applies to

Complaint

Service

Personal service to all parties

Plaintiff must file proof of service within 3 days of serving the complaint.

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

Deadline

3 calendar days

Applies to

Responsive pleading

Service

Personal service to all parties

Defendants must file proof of service within 3 days of serving responsive pleadings.

Defendants shall also timely file and serve their responsive pleadings and file proofs of service within three (3) days thereafter, in compliance with the requirements of Local Rule 5-3.2.

Applies to

Complaint

Service

Other to all parties

Plaintiff must serve complaint per FRCP 4 and comply with FRCP 4(l) and Local Rule 5-3 for all proofs of service.

Plaintiff shall promptly serve the complaint in accordance with Federal Rule of Civil Procedure 4 and shall comply with Federal Rule of Civil Procedure 4(l) and Local Rule 5-3 with respect to all proofs of service.

Deadline

2 hours

Service

Other to opposing party

Redlined amended pleading must be delivered to opposing counsel at least 2 hours before Local Rule 7-3 conference prior to filing motion to amend.

Before a motion to amend is filed, the redlined version also must be delivered to opposing counsel at least two hours in advance of the Local Rule 7-3 conference; and if the plaintiff later changes the delivered version, counsel will be required to meet again about the revised pleading.

Service

Other

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

Documents electronically filed under seal will not be accessible through the Notice of Electronic Filing ("NEF"). The filing party is therefore responsible for serving all sealed documents and attachments on opposing counsel by other means. A certificate of service must be included with every sealed filing and a copy of the NEF should be served with the sealed

Applies to

Sealed document

Service

Other to opposing party

Sealed documents must be served by other means (not through NEF); serve the NEF, sealed declaration, and unredacted document on opposing counsel.

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it, the sealed declaration, and the unredacted document on opposing counsel.

Applies to

Sealed document

Service

Other to opposing party

Sealed documents must be served by other means; print the NEF and serve it with the sealed document on opposing counsel.

Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Applies to

Sealed document

Service

Other to opposing party

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

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Applies to

Sealed document

Service

Other to opposing party

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

all sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Service

Other

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

Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Deadline

0 calendar days

Applies to

Standing order

Service

Personal service to all parties

Plaintiff must serve the standing order on all parties with the summons and complaint.

Plaintiff(s) shall immediately serve this Order on all parties along with the Summons and Complaint.

Applies to

Standing order

Service

Personal service to all parties

In removed actions, the removing defendant must serve the standing order on all other parties.

If this case came to the Court by noticed removal, the removing Defendant(s) shall serve this Order on all other parties.

Applies to

Complaint

Service

Personal service to all parties

Plaintiff must serve the complaint promptly per FRCP 4 and file proof of service per Local Rule 5-3.1.

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

Service

Other to opposing party

Sealed documents are not accessible via NEF; filing party must serve on opposing counsel by other means, include certificate of service, and serve copy of NEF with sealed documents.

Documents electronically filed under seal will not be accessible through the Notice of Electronic Filing (“NEF”). The filing party is therefore responsible for serving all sealed documents and attachments on opposing counsel by other means. A certificate of service must be included with every sealed filing and a copy of the NEF should be served with the sealed

Applies to

Sealed document

Service

Other to opposing party

Sealed documents are not accessible via NEF and must be served by other means on opposing counsel, along with the NEF and unredacted document.

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it, the sealed declaration, and the unredacted document on opposing counsel.

Applies to

Sealed document

Service

Electronic service to all parties

Sealed documents are restricted from viewing; case participants receive a NEF for sealed filings but cannot access the sealed document via the NEF.

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing.

Applies to

Sealed document

Service

Other to opposing party

All sealed documents must be served by non-electronic means, with the NEF and sealed document served on opposing counsel.

Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Applies to

Sealed document

Service

Other to all parties

Sealed documents must be served by other means; print and serve NEF and sealed document on opposing counsel.

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Applies to

Sealed document

Service

Other to opposing party

Sealed documents cannot be served via NEF; they must be served by other means, with a printed NEF, to opposing counsel.

Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Applies to

Complaint

Service

Personal service

Plaintiff must serve the complaint promptly per Rule 4 and file proof of service per Local Rule 5-3.1.

Plaintiff shall serve the Complaint promptly in accordance with Rule 4 of the Federal Rules of Civil Procedure and shall file the proofs of service pursuant to L.R. 5-3.1.

Service

Personal service to all parties

Plaintiff must promptly serve the Complaint per Rule 4 and file proof of service per Local Rule 5-3.1.

Plaintiff shall serve the Complaint promptly in accordance with Rule 4 of the Federal Rules of Civil Procedure and shall file the proofs of service pursuant to L.R. 5-3.1.

Deadline

24 hours

Service

Email to opposing party

Filers must serve conformed copies of under-seal filings via email and e-file proof of service within 24 hours of receiving conformed copies.

The filer must promptly serve conformed copies of under-seal filings on the other party via email and must, within 24 hours of receiving the conformed copies, electronically file on the public docket proof of such service that includes the information set forth in Local Civil Rule 5-3.1.2.

Deadline

3 calendar days

Applies to

Complaint

Service

Other to opposing party

Plaintiff must file proof of service within 3 calendar days after serving the complaint or any amendment thereto.

If plaintiff has not already served the complaint (or any amendment thereto) on all defendants, plaintiff shall promptly do so and shall file proofs of service within three (3) days thereafter.

Deadline

3 calendar days

Applies to

Responsive pleading

Service

Other to opposing party

Defendants must file proof of service within 3 calendar days after serving responsive pleadings.

Defendants also shall timely serve and file their responsive pleadings and file proofs of service within three days thereafter.

Deadline

90 calendar days

Service

Other to opposing party

Plaintiff must promptly serve complaint per FRCP 4, file proof of service, and show good cause to extend service beyond 90 days.

The plaintiff shall promptly serve the complaint in accordance with Rule 4 and file the proofs of service. Although Rule 4(m) allows 90 days for service of the summons and complaint, the Court expects service to be effectuated more promptly. The Court will require plaintiffs to show good cause to extend the service deadline beyond 90 days.

Deadline

0 calendar days

Service

Other to all parties

Plaintiff’s counsel or pro se plaintiff must immediately serve this Order on all parties; removing defendants in removed cases must serve all other parties.

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 was removed from state court, the removing defendant(s) shall serve this Order on all other parties.

Applies to

Exhibit

Service

Other to other

Defense counsel must affix completed exhibit tags to original exhibits, provide 1 copy to government counsel and 2 copies to CRD for each exhibit.

defense counsel is responsible for affixing completed exhibit tags to the original of each exhibit they intend to introduce during the trial, and for providing government counsel with one copy and the CRD with two copies of each exhibit.

Deadline

0 calendar days

Applies to

Witness list

Service

Other to court

Defense counsel must provide 5 copies of witness list (non-defendant witnesses) to CRD before starting defense case.

If defense counsel intends to call witnesses other than the defendant, five copies of defendant’s witness list shall be provided to the CRD prior to the start of defendant’s case.

Deadline

4 calendar days

Applies to

Voir dire questions

Service

Other to opposing party

Counsel must serve special voir dire questions on opposing counsel at least 4 court days before trial.

At least four (4) court days prior to trial, each counsel shall file and serve on opposing counsel any special questions requested to be put to prospective jurors by the Court during voir dire.

Deadline

14 calendar days

Applies to

Sentencing position statement

Service

Other to other

Proof of service for sentencing position statements must include the assigned U.S. Probation Officer.

and the proof of service shall reflect service on the assigned United States Probation Officer.

Deadline

21 calendar days

Applies to

Memoranda of contentions of fact and law

Service

Other to all parties

Memoranda of Contentions of Fact and Law must be served 21 calendar days before Final Pretrial Conference.

The Memoranda of Contentions of Fact and Law will be served no later than twenty-one (21) calendar days before the Final Pretrial Conference.

Deadline

0 calendar days

Applies to

Proposed final pretrial conference order

Service

Email to court

Proposed Final Pretrial Conference Order must be emailed to the Court on the date lodged.

Counsel are directed to email to the Court a Microsoft Word version of the (Proposed) Final Pretrial Conference Order on the date it is lodged.

Service

Email to court

Counsel must email Microsoft Word versions of (Proposed) Findings of Fact and Conclusions of Law to chambers email address in addition to filing.

In addition to filing, counsel must email Microsoft Word versions of their (Proposed) Findings of Fact and Conclusions of Law to the chambers email address.

Deadline

21 calendar days

Applies to

Memorandum of contentions of fact and law

Service

Other to all parties

Memoranda of Contentions of Fact and Law must be served 21 calendar days before the Final Pretrial Conference.

The Memoranda of Contentions of Fact and Law will be served no later than twenty-one (21) calendar days before the Final Pretrial Conference.

Service

Other to other

Party served with subpoena/order to disclose sealed material must promptly notify designator in writing with copy of the subpoena/order.

If a party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this action as CONFIDENTIAL, HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY, or HIGHLY CONFIDENTIAL – SOURCE CODE, that party must: a. Promptly notify the designator in writing. Such notification shall include a copy of the subpoena or court order.

Applies to

Complaint

Service

Other to opposing party

Plaintiffs must serve the complaint per FRCP 4 and file proofs of service as required by Local Rules.

Plaintiff(s) shall promptly serve the complaint in accordance with Federal Rule of Civil Procedure 4 and file proofs of service pursuant to the Local Rules.

Applies to

Proof of service

Service

Other to clerk

Failure to file timely proof of service for summons and complaint will result in case dismissal for failure to prosecute.

This Order serves as notice pursuant to Federal Rule of Civil Procedure 4(m) that failure by plaintiff(s) to file a timely proof of service of the summons and complaint will result in the dismissal of the case for failure to prosecute.

Applies to

Complaint

Service

Other to opposing party

Defendants not timely served are dismissed from the action without prejudice.

any defendant(s) not timely served will be dismissed from the action without prejudice

Deadline

90 calendar days

Applies to

Complaint

Service

Other to other

Doe or fictitiously named defendants must be identified and served within 90 days of case filing or face dismissal per FRCP 4(m).

any “Doe” or fictitiously named defendant who is not identified and served within ninety (90) days after the case is filed will be dismissed pursuant to Federal Rule of Civil Procedure 4(m).

Deadline

14 calendar days

Applies to

Motion for review reconsideration

Service

Other to all parties

Motion for review of magistrate judge’s order must be served within 14 days of service of the underlying ruling.

The moving party must file and serve the motion within fourteen (14) days of service of a written ruling or an oral ruling that the magistrate judge states will not be followed by a written ruling.

Applies to

Ex parte application

Service

Other to opposing party

Ex parte applications must be served by electronic mail or hand delivery, with opposing papers due within 24 business hours of service.

The moving party shall file and serve the opposing party by electronic mail or hand delivery and shall notify the opposing party that opposing papers must be filed not later than twenty-four hours following such electronic mail or hand service. The twenty-four-hour clock runs on business days only.

Deadline

0 calendar days

Service

Other

Fictitiously named defendants must be served before the Rule 16(b) scheduling conference.

Plaintiff(s) must ascertain the identity of and serve any fictitiously named defendants before the date of the Rule 16(b) scheduling conference.

Service

Other

Initial expert reports must be served by the Last Day to Serve Initial Expert Reports.

Last Day to Serve Initial Expert Reports:

Deadline

7 calendar days

Service

Other

Moving parties must file and serve motion withdrawals 7 days before hearing; opposing parties must file and serve opposition withdrawals 7 days before hearing.

Any moving party who intends to withdraw the motion before the hearing date shall file and serve a withdrawal of the motion, not later than seven (7) days preceding the hearing. Any opposing party who no longer intends to oppose the motion, shall file and serve a withdrawal of the opposition, not later than seven (7) days preceding the hearing.

Service

Other

Rebuttal expert reports must be served by the Last Day to Serve Rebuttal Expert Reports.

Last Day to Serve Rebuttal Expert Reports:

Applies to

Jury trial notification

Service

Court service to court

Jury trial parties must notify the Court no later than the Wednesday preceding the Monday trial date.

In all cases set for jury trial, the parties must notify the Court, no later than the Wednesday preceding the Monday trial date, a different case for trial or notify the members of the public who would otherwise be reporting for jury duty that their services are no longer needed.

Deadline

14 calendar days

Service

Other to opposing party

Counsel must exchange proposed jury instructions and verdict forms 14 days before the Rule 16-2 Meeting of Counsel.

At least fourteen (14) days before the Rule 16-2 Meeting of Counsel, counsel shall exchange proposed jury instructions and verdict form(s).

Deadline

7 calendar days

Service

Other to opposing party

Counsel must exchange objections to proposed jury instructions and verdict forms 7 days before the Rule 16-2 Meeting.

Seven (7) days before the Rule 16-2 meeting , counsel shall exchange any objections to the instructions and verdict form(s).

Deadline

7 calendar days

Applies to

Unusual words list

Service

Email to other

Counsel must provide court reporter with list of unusual trial terms via email to kk_chambers@cacd.uscourts.gov at least 7 days before trial.

At least seven (7) days before trial, counsel for the parties shall provide the court reporter with a list of unusual words, phrases, and spellings that may come up during trial. This information should be emailed to the CRD at kk_chambers@cacd.uscourts.gov.

Applies to

Complaint

Service

Other to all parties

Plaintiffs must promptly serve the complaint per FRCP 4 and file proofs of service per the Local Rules.

Plaintiff(s) shall promptly serve the complaint in accordance with Federal Rule of Civil Procedure 4 and file proofs of service pursuant to the Local Rules.

Applies to

Summons and complaint

Service

Other

Failure to file a timely proof of service of the summons and complaint will result in dismissal of the case for failure to prosecute.

This Order serves as notice pursuant to Federal Rule of Civil Procedure 4(m) that failure by plaintiff(s) to file a timely proof of service of the summons and complaint will result in the dismissal of the case for failure to prosecute.

Service

Other

Plaintiffs must serve fictitiously named defendants before the Rule 16(b) scheduling conference.

Plaintiff(s) must ascertain the identity of and serve any fictitiously named defendants before the date of the Rule 16(b) scheduling conference.

Deadline

0 calendar days

Required

Always

Service

Other to all parties

Plaintiff's counsel or pro se plaintiff(s) must immediately serve this Order on all parties, including new parties; in removed cases, the removing defendant(s) must serve the Order on all other parties.

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

Applies to

Complaint

Service

Other to opposing party

Plaintiff must serve complaint per FRCP 4 and file proof of service per Local Rule 4(l).

The plaintiff shall promptly serve the complaint in accordance with Federal Rule of Civil Procedure 4 and file proof of service pursuant to Local Rule 4(l).

Deadline

90 calendar days

Applies to

Summons complaint

Service

Other to opposing party

Summons and complaint must be served within 90 days per FRCP 4(m).

Rule 4(m) requires the summons and complaint to be served within 90 days.

Applies to

Ex parte application

Service

Other to all parties

Counsel must provide advance notice of ex parte application by telephone and email to all other parties.

Counsel for the applicant must provide advance notice of the application by telephone and email to all other parties.

Applies to

Ex parte application

Service

Other to all parties

Ex parte applications must be served via facsimile, email, or personal service, regardless of electronic service under Local Rule 5-3.2.1.

The applicant must serve the application by facsimile, email, or personal service, even if electronic service is effected under Local Rule 5-3.2.1.

Deadline

90 calendar days

Service

Other to other

Plaintiffs must ascertain the identity of and serve fictitiously named defendants within 90 calendar days of the action's removal to this Court.

Plaintiff is expected to ascertain the identity of, and serve, any fictitiously named defendant, within 90 days of the removal of the action to this Court.

Service

Other to other

Ex parte applications requesting extension of the 90-day service period for fictitiously named defendants must be served on all appearing parties.

The ex parte application shall be served upon all appearing parties

Deadline

0 calendar days

Service

Other

Evidentiary objections must be served and filed in writing at the same time as, but separately from, opposition or reply papers.

Evidentiary objections to a declaration submitted in connection with a motion or other matter shall be made in writing and served and filed at the same time as, but separately from, the opposition or reply papers.

Deadline

0 calendar days

Applies to

Order

Service

Other to all parties

Plaintiffs in court-initiated cases must immediately serve this order on all parties.

If this case was initiated in this Court, plaintiff(s) shall immediately serve this Order on all parties, including any new parties to the action.

Deadline

0 calendar days

Applies to

Order

Service

Other to all parties

Removing defendants in removed cases must serve this order on all other parties.

If this case was removed from state court, the removing defendant(s) shall serve this Order on all other parties.

Deadline

0 calendar days

Service

Mail to all parties

Electronically filed documents must be served by mail the same day on parties not consenting to electronic service, with proof of service filed within 24 hours.

Any document that is electronically filed shall be served by mail that same day on any party or attorney who is not permitted or has not consented to electronic service, with a proof of service to be filed within 24 hours.

Deadline

3 calendar days

Applies to

Complaint

Service

Personal service to all parties

Proofs of service must be filed within three days of serving the complaint or responsive pleadings.

If plaintiff has not already served the operative complaint on all defendants, plaintiff promptly shall do so and shall file proofs of service within three days thereafter. Defendants also shall timely serve and file their responsive pleadings, and within three days thereafter, file proofs of service.

Deadline

3 calendar days

Applies to

Complaint

Service

Other

Plaintiff must serve the operative complaint on all defendants promptly and file proofs of service within three days.

If plaintiff has not already served the operative complaint on all defendants, plaintiff promptly shall do so and shall file proofs of service within three days thereafter.

Deadline

3 calendar days

Applies to

Responsive pleading

Service

Other

Defendants must timely serve and file their responsive pleadings and file proofs of service within three days.

Defendants also shall timely serve and file their responsive pleadings, and within three days thereafter, file proofs of service.

Applies to

Requests for admissions

Service

Other

Requests for admissions and related documents must be served early enough to allow motion practice on deficient responses before discovery cut-off.

documents and requests for admissions must be served sufficiently in advance of the discovery cut-off date to permit the discovering party enough time to challenge (via motion practice) responses deemed to be deficient.

Deadline

0 calendar days

Service

Other to opposing party

Proposed findings of fact and conclusions of law must be served on opposing counsel at the time of filing.

counsel for each party shall, no later than 21 days before trial, file with the Court and serve on opposing counsel that party’s proposed findings of fact and conclusions of law in the format specified in Local Rule 52-3.

Deadline

0 calendar days

Applies to

Exhibit

Service

Other to opposing party

Counsel must show new exhibits to opposing counsel before the court session where the exhibit is mentioned.

Counsel must show a new exhibit to opposing counsel before the court session in which it is mentioned.

Service

Other to other

Provide copies of the extracted interrogatory/admission document to the Court and opposing counsel.

Copies of this new document should be given to the Court and opposing counsel.

Deadline

3 calendar days

Applies to

Proof of service

Service

Other to clerk

Plaintiff must file proof of service within 3 days of serving the complaint.

If plaintiff has not already served the operative complaint on all defendants, plaintiff shall promptly do so and shall file proofs of service within three days thereafter.

Deadline

3 calendar days

Applies to

Proof of service

Service

Other to clerk

Defendants must file proof of service within 3 days of serving responsive pleadings.

Defendants also shall timely serve and file their responsive pleadings and file proofs of service within three days thereafter.

Deadline

0 calendar days

Service

Other to other

Counsel must promptly comply with discovery and notice requirements under Federal Rules of Criminal Procedure 12, 12.1, 12.2, 12.3, 12.4, 15, and 16.

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.

Deadline

0 hours

Applies to

Brady evidence

Service

Other to other

Government counsel must immediately produce Brady evidence to defense counsel upon discovery.

On government counsel’s discovery of any evidence within the scope of Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, such evidence shall be produced forthwith to defense counsel.

Service

Other to other

Government counsel must disclose to defense counsel whether electronic surveillance evidence or informant testimony exists.

Government counsel shall also disclose to defense counsel the existence or non-existence of (1) evidence obtained by electronic surveillance and (2) testimony by a government informant.

Service

Other to other

Exhibits must be provided to the Court and opposing counsel before being shown to a witness.

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

Deadline

0 hours

Applies to

Order

Service

Other to all parties

Plaintiff’s counsel or pro se plaintiff must immediately serve this order on all parties; removing defendants in state-removed cases must serve all other parties.

NOTICE OF THIS ORDER: 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 was removed from state court, the removing defendant(s) shall serve this Order on all other parties.

Deadline

35 calendar days

Applies to

Jury instructions

Service

Other to all parties

Parties must exchange proposed general and special jury instructions at least 35 calendar days before the Final Pretrial Conference (FPTC).

At least thirty-five (35) days before the FPTC: The parties shall exchange proposed general and special jury instructions.

Deadline

28 calendar days

Applies to

Jury instruction objections

Service

Other to all parties

Parties must exchange objections to jury instructions 28 calendar days before the Final Pretrial Conference (FPTC).

Twenty-eight (28) days before the FPTC: The parties shall exchange any objections to the instructions.

Deadline

7 calendar days

Service

Email to other

Counsel must email a list of unusual words/phrases to the court reporter 7 days before trial starts.

At least seven (7) days before the commencement of trial, counsel for the parties shall provide the court reporter with a list of unusual words, phrases, and spellings that may come up during trial. This information should be emailed to Court Reporter Services at ReportersCACD@cacd.uscourts.gov.

Service

Other to opposing party

Counsel must show new exhibits to opposing counsel before the court session where the exhibit is first mentioned.

Counsel must show a new exhibit to opposing counsel before the court session in which it is mentioned.

Service

Other to other

Copies of summary documents listing interrogatory or admission answers must be provided to the Court and opposing party.

Copies of this new document must be provided to the Court and the opposing party.

Deadline

0 business days

Applies to

Standing order

Service

Other to all parties

Plaintiff must immediately serve this standing order on all parties who have not appeared.

Counsel for Plaintiff shall immediately serve this Order on all parties who have not yet appeared in this matter, including any new parties later added to the action.

Service

Other to opposing party

Proposed voir dire questions must be served on opposing counsel at least one week before trial.

At least one week before trial, each counsel must file with the CRD and serve on opposing counsel any proposed questions to be asked of prospective jurors.

Deadline

90 calendar days

Applies to

Summons and complaint

Service

Other

Fictitiously named or DOE defendants must be served within 90 days of case filing to avoid dismissal.

Any “DOE” or fictitiously-named Defendant(s) who is not identified and served within 90 days after the case is filed shall be dismissed pursuant to Federal Rule of Civil Procedure 4(m).

Deadline

3 calendar days

Applies to

Ex parte application

Service

Other

Petitioners under 18 U.S.C. 983(f) must serve an ex parte application within 3 days of this order.

Petitioner(s) shall file and serve within 3 days of the date of this order an ex parte application requesting a hearing on the Petition to ensure prompt resolution of the Petition in compliance with section 983(f)’s deadlines.

Applies to

Ex parte application

Service

Other to opposing party

Moving party must serve opposing party and notify them of opposing paper deadline for ex parte applications.

The moving party shall serve the opposing party and shall notify the opposition that opposing papers must be filed not later than 3:00 p.m. on the first business day following service.

Deadline

0 calendar days

Applies to

Standing order

Service

Other to all parties

Plaintiff's counsel or pro se plaintiff must immediately serve this Order on all parties; removing defendant must serve all parties if case is removed.

Counsel for plaintiff 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 Petition for Removal, the removing defendant(s) shall serve this Order on all other parties.

Deadline

15 calendar days

Applies to

Motion

Service

Other to all parties

Motions to join parties or amend pleadings must be served within 15 calendar days of the date of this order.

All motions to join other parties or to amend the pleadings shall be filed and served within fifteen (15) days of the date of this order.

Applies to

Discovery motion

Service

Other to all parties

Discovery motions challenging adequacy of responses must be served sufficiently in advance of the discovery cut-off date to obtain responses before the cut-off if granted.

Any motion challenging the adequacy of responses to discovery must be filed timely, and served and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date, if the motion is granted.

Service

Other to all parties

Written discovery requests must be served sufficiently in advance of the discovery cut-off date to allow time to challenge deficient responses.

All interrogatories, requests for production of documents, and requests for admission shall be served sufficiently in advance of the discovery cut-off date to permit the discovering party enough time to challenge (via motion practice) responses deemed to be deficient.

Applies to

Sealed document

Service

Other to opposing party

Sealed documents must be served by means other than electronic service; print the NEF and serve it together with the sealed document on opposing counsel.

Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Applies to

Sealed document

Service

Other to opposing party

Sealed documents are not accessible through the NEF, so they must be served by other means; the filer must print the NEF and serve it along with the sealed document on opposing counsel.

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Applies to

Sealed document

Service

Other to opposing party

Sealed documents must be served by other means because they are not accessible through the NEF; print the NEF and serve it with the sealed document on opposing counsel.

you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Applies to

Pretrial detention review request

Service

Other to opposing party

Pretrial detention review requests must be served on opposing counsel and Pretrial Services.

Any request for review of pretrial release conditions based on changed circumstances or information not previously presented to the Magistrate Judge shall be addressed in the first instance to the Magistrate Judge and shall be served on both opposing counsel and Pretrial Services.

Service

Electronic service to opposing party

Ex parte applications must be served electronically if possible; service is deemed upon e-filing, with exempt defendants served by fax or personal service.

If possible, the moving party shall serve the opposing party electronically. A party is considered served once the ex parte application has been e-filed. All parties registered for electronic service are notified of an ECF filing each time a document is e-filed with a link to the document for one free view. Defendants exempt from electronic service must be served the ex parte application by facsimile or personal service. See Local Criminal Rules 49-1.2, 49-1.3.2(b); Local Civil Rule 5-3.

Service

Other to opposing party

Moving party must notify opposing party that ex parte oppositions are due 24 hours after service.

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

Deadline

0 calendar days

Applies to

Amended witness list

Service

Email to court

Amended Witness Lists must be emailed to SRM_Chambers@cacd.uscourts.gov in Microsoft Word format by 12pm Friday before trial.

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

Deadline

0 calendar days

Applies to

Amended exhibit list

Service

Email to court

Amended Exhibit Lists must be emailed to SRM_Chambers@cacd.uscourts.gov in Microsoft Word format by 12pm Friday before trial.

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

Deadline

21 calendar days

Applies to

Sentencing video transcript

Service

Other to opposing party

Sentencing videos and transcripts must be provided to opposing counsel at least 21 days before the hearing.

provide the video and transcript to opposing counsel at least twenty-one (21) days before the hearing.

Deadline

14 calendar days

Service

Other to opposing party

Moving parties must deliver their Joint Brief portion, Joint Appendix of Facts, and Joint Appendix of Evidence to the opposing party via personal delivery or email within 14 days after the meet and confer.

No later than fourteen (14) days after the meet and confer, the moving party shall personally deliver or email to the opposing party an electronic copy of the moving party’s portion of the Joint Brief, together with the moving party’s portion of the Joint Appendix of Facts and Joint Appendix of Evidence, see below. These documents should allow the opposing party to integrate content without modifying the moving party’s separate portions of the Joint Brief, Joint Appendix of Facts, and Joint Appendix of Evidence.

Deadline

14 calendar days

Applies to

Integrated motion

Service

Other to other

Opposing party must serve integrated motion (including joint brief, JAF, JAE) on moving party within 14 days of receiving moving papers, without modifying moving party's portions.

No later than fourteen (14) days after receiving the moving party’s papers, the opposing party shall personally deliver or email to the moving party an electronic copy of the integrated motion, which shall include the opposing party’s portion of the Joint Brief, Joint Appendix of Facts, and Joint Appendix of Evidence. The opposing party shall not modify in any way the moving party’s separate portions of the joint brief.

Service

Mail to other

Notice of collective action must be mailed to putative plaintiffs one month after the hearing.

Deadline for Notice of Collective Action to be mailed to putative plaintiffs One month after hearing

Deadline

0 hours

Applies to

Standing order

Service

Other

Plaintiff's counsel must immediately serve this Standing Order on all parties; removing defendant must serve all parties if case removed from state court.

Counsel for the plaintiff must immediately serve this Order on all parties, including any new parties to the action. If this case was removed from state court, the defendant who removed the case must serve this Order on all other parties.

Deadline

0 calendar days

Applies to

E filed document

Service

Mail to other

E-filed documents must be served by mail the same day on parties not consenting to electronic service, with proof of service filed within 24 hours.

Any document that is e-filed shall be served by mail that same day on any party or attorney who is not permitted or has not consented to electronic service, with a proof of service to be filed within 24 hours.

Applies to

Summons and complaint

Service

Other to all parties

Plaintiffs must serve the summons and complaint in accordance with FRCP 4 and file proofs of service per FRCP 4(l).

The plaintiff(s) shall promptly serve a copy of the summons and complaint in accordance with Federal Rule of Civil Procedure 4 and file the proofs of service pursuant to Federal Rule of Civil Procedure 4(l).

Deadline

90 calendar days

Applies to

Summons and complaint

Service

Other to all parties

Defendants not served within 90 days of case filing are dismissed unless the plaintiff obtains an extension by justifying the need in a joint report.

Any defendant(s), including “DOE” or fictitiously named defendant(s), not served within 90 days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m) and by operation of this Order without further notice, unless plaintiff requests and justifies the need for additional time in the joint report and the Court grants an extension.

Deadline

0 calendar days

Applies to

Summons and complaint

Service

Other to all parties

Plaintiff must identify and serve Doe defendants before the 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.

Service

Other

Parties must comply with FRCP 26(a) and produce discovery promptly.

The parties must comply fully with the letter and spirit of Federal Rule of Civil Procedure 26(a) and produce discovery promptly.

Applies to

Ex parte application

Service

Electronic service to opposing party

Moving party must serve ex parte papers via electronic service, serve non-moving party via fax/email/personal service, and notify of opposing paper deadline.

Concurrently with service of the ex parte papers by electronic service and telephonic notice, counsel for the moving party shall also serve the non-moving party by either facsimile, email, or personal service, and give notice to the non-moving party that opposing papers must be filed no later than 24 hours (or one court day) following service.

Applies to

Ex parte application

Service

Other to opposing party

Non-moving party in ex parte application must be served by fax, email, or personal service.

counsel for the moving party shall also serve the non-moving party by either facsimile, email, or personal service

Applies to

Temporary restraining order application

Service

Other to opposing party

Ex parte TRO moving party must serve opposing party via email/fax/personal service, notify of opposing paper deadline, or certify under Rule 65/Local 65-1.

The moving party must serve the opposing party by email, fax, or personal service, and notify that party that opposing papers must be filed not later than 48 hours following service or by 3:00 p.m. on the first court day after the service, whichever is later, or certify pursuant to Rule 65 and Local Rule 65-1 the efforts made to give notice and reasons why it should not be required under the circumstances.

Applies to

Complaint

Service

Personal service

Plaintiff must promptly serve the complaint per FRCP 4 and file proof of service per FRCP 4(l).

The Plaintiff(s) shall promptly serve the Complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Fed R. Civ. P. 4(l).

Deadline

90 calendar days

Applies to

Complaint

Service

Personal service

Defendants not served within 90 days of filing will be dismissed automatically unless plaintiff requests an extension in the joint report.

Any Defendant(s), including 'DOE' or fictitiously-named Defendant(s), not served within 90 days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m) and by operation of this Order without further notice, unless plaintiff requests and justifies the need for additional time in the joint report and the Court grants an extension.

Applies to

Complaint

Service

Personal service

Plaintiff must identify and serve Doe defendants before the 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.

Deadline

48 hours

Applies to

TRO application

Service

Other

TRO applications must be served by email, fax, or personal service with notice of opposition deadline of 48 hours or 3:00 p.m. next court day, whichever is later.

The moving party must 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, or certify pursuant to Rule 65 and Local Rule 65-1 the efforts made to give notice and reasons why it should not be required under the circumstances.

Deadline

14 calendar days

Applies to

Joint brief

Service

Electronic service to opposing party

Moving party must serve its portion of the joint brief and appendices on the opposing party within 14 days after the meet and confer.

No later than fourteen (14) days after the meet and confer, the moving party shall personally deliver or email to the opposing party an electronic copy of the moving party's portion of the Joint Brief, together with the moving party's portion of the Joint Appendix of Facts and Joint Appendix of Evidence, see below.

Deadline

14 calendar days

Applies to

Joint brief

Service

Electronic service to opposing party

Opposing party must serve the integrated joint brief and appendices on the moving party within 14 days after receiving the moving party's papers.

No later than fourteen (14) days after receiving the moving party's papers, the opposing party shall personally deliver or email to the moving party an electronic copy of the integrated motion, which shall include the opposing party's portion of the Joint Brief, Joint Appendix of Facts, and Joint Appendix of Evidence.

Deadline

3 calendar days

Applies to

Proof of service

Service

Other

Plaintiff must file proof of service within three days after serving the operative complaint on all defendants.

If the plaintiff has not previously served the operative complaint on all defendants, the plaintiff shall promptly do so and file proof of service within three days thereafter.

Applies to

Objections

Service

Other to opposing party

Opposing party must serve objections on moving party concurrently with joint brief, JAF, and JAE.

The party opposing summary judgment shall provide the moving party with any objections to the moving party's evidence at the same time that it provides its portion of the joint brief, the JAF, and the JAE.

Deadline

7 calendar days

Applies to

Responses and objections

Service

Other to opposing party

Moving party must serve responses and any objections within 7 days of receiving opposing party's materials.

No later than seven days after receiving these materials, the moving party shall provide to the opposing party its responses to the opposing party's evidentiary objections, together with any objections to the opposing party's evidence.

Service

Other to opposing party

Ex parte applications must be served electronically if possible, with exempt defendants receiving fax or personal service, and service deemed complete upon e-filing.

The moving party must serve the opposing party electronically, if possible. A party is considered served once the ex parte application has been e-filed. All parties registered for electronic service are sent a notification of ECF filing each time a document is e-filed with a link to the document for one free view. Defendants exempt from electronic service must be served the ex parte application by facsimile or personal service. See Local Criminal Rules 49-1.2, 49-1.3.2(b); Local Civil Rule 5-3.

Applies to

Disclosure

Service

Other to opposing party

Government counsel must disclose existence/non-existence of electronic surveillance evidence and government informant testimony to defense counsel.

Counsel for the government must also disclose to counsel for the defendant the existence or non-existence of (1) evidence obtained by electronic surveillance and (2) testimony by a government informant.

Service

Other to opposing party

Counsel must comply with specified Federal Rules of Criminal Procedure for discovery, and the government must promptly produce Brady/Giglio evidence to the defense.

Counsel must comply with all notice and discovery obligations set forth in Federal Rules of Criminal Procedure 12, 12.1–12.4, 15, and 16. The government must 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).

Applies to

Bail review request

Service

Other to other

Bail review requests under 18 U.S.C. § 3142(f)(2)(b) must be served on opposing counsel and Pretrial Services.

Any request for bail review made under 18 U.S.C. § 3142(f)(2)(b) based on changed circumstances or information not previously presented to the Magistrate Judge must be addressed in the first instance to the Magistrate Judge and must be served on both opposing counsel and Pretrial Services.

Deadline

1 calendar days

Applies to

Amended witness list

Service

Email to chambers

Amended witness lists must be filed, emailed to Chambers in Word format by noon on Friday before trial.

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

Deadline

1 calendar days

Applies to

Amended exhibit list

Service

Email to chambers

Amended exhibit lists must be filed, emailed to Chambers in Word format by noon on Friday before trial.

Any Amended Exhibit List must be filed and emailed to Chambers in Word format by 12:00 p.m. (noon) on the Friday before trial.

Deadline

21 calendar days

Service

Other to opposing party

Counsel must provide approved sentencing videos and transcripts to opposing counsel at least 21 days before the sentencing hearing.

If permission is granted, counsel must provide the video and a transcript to opposing counsel at least twenty-one (21) days before the sentencing hearing.

Required

Always

Applies to

Standing order

Service

Other to all parties

Plaintiff's counsel must serve the standing order immediately on all parties; in removed actions, defendant's counsel must serve it.

Plaintiff's counsel must serve this Order immediately on all parties and/or their attorney(s), including any new parties to the action. If this action came to the Court through noticed removal, Defendant's counsel must immediately serve this Order on all other parties.

Required

Always

Applies to

Complaint

Service

Other to all parties

Plaintiff must serve the complaint per FRCP 4 and comply with Local Rule 5-3 for proofs of service.

The plaintiff must promptly serve the complaint in accordance with Federal Rule of Civil Procedure 4 and must comply with Local Rule 5-3 with respect to all proofs of service.

Deadline

3 calendar days

Applies to

Summons and complaint

Service

Other to opposing party

Plaintiff must serve operative complaint on all defendants promptly if not already served, and file proofs of service within 3 calendar days of service.

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.

Applies to

Responsive pleading

Service

Other to opposing party

Defendants must timely serve and file responsive pleadings in compliance with Local Rule 5-3.2.

Defendants also shall timely serve and file their responsive pleadings and comply with the requirements of Local Rule 5-3.2.

Applies to

Scheduling order

Service

Other to other

Plaintiff's counsel (or defendant's counsel if plaintiff pro se) must provide this order to parties appearing after order date or known but not yet entered.

Plaintiff’s counsel or, if Plaintiff is appearing pro se, Defendant’s counsel, shall provide this Order to any parties who first appear after the date of this Order and to parties who are known to exist but have not yet entered appearances.

Applies to

Scheduling order

Service

Other to other

Counsel must deliver a copy of this order and the court's scheduling order to their clients.

Counsel are ordered to deliver to their clients a copy of this Order and of the Court’s Scheduling Order, which will contain the schedule the Court sets at the Scheduling Conference.

Service

Other to all parties

Plaintiff's counsel must immediately serve this Order on all parties; if the case was removed, the removing defendant must serve it.

Counsel for the plaintiff must immediately serve this Order on all parties, including any new parties to the action. If this case was removed from state court, the defendant that removed the case must serve this Order on all other parties.

Deadline

90 calendar days

Applies to

Complaint

Service

Personal service to defendants

Plaintiff must serve the complaint within 90 days after filing and file proof of service; failure results in dismissal of unserved defendants.

The plaintiff(s) shall promptly serve the Complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Fed R. Civ. P. 4(l). Any defendant(s), including “DOE” or fictitiously-named defendant(s), not served within ninety (90) days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m) and by operation of this Order without further notice, unless plaintiff requests and justifies the need for additional time in the joint report and the Court grants an extension.

Applies to

Ex parte application

Service

Other to opposing party

Ex parte moving party must serve opposing party by email, fax, or personal service.

The moving party must also serve the opposing party by email, fax, or personal service

Applies to

Complaint

Service

Personal service

Plaintiff must promptly serve the complaint per FRCP 4 and file proof of service per FRCP 4(l).

The plaintiff(s) shall promptly serve the Complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Fed R. Civ. P. 4(l).

Deadline

90 calendar days

Applies to

Complaint

Service

Personal service

Defendants not served within 90 days of filing will be dismissed unless plaintiff requests and justifies additional time in the joint report and the Court grants an extension.

Any defendant(s), including "DOE" or fictitiously-named defendant(s), not served within ninety (90) days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m) and by operation of this Order without further notice, unless plaintiff requests and justifies the need for additional time in the joint report and the Court grants an extension.

Applies to

Complaint

Service

Personal service

Plaintiff must identify and serve Doe defendants before the deadline in the Order Setting Scheduling Conference.

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.

Deadline

48 hours

Applies to

Ex parte application

Service

Other to opposing party

Moving party must serve opposing party by email, fax, or personal service and notify them of the opposition deadline (48 hours or 3:00 PM next court day).

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.

Service

Other

Moving parties must provide more than the minimum 21 days' notice for summary judgment motions before filing.

The Court expects that the moving party will provide more than the minimum twenty-one day notice for such motions.

Applies to

Joint motion in limine

Service

Email to opposing party

Moving parties must email their portion of the joint motion in limine to the nonmoving party 9 days before the filing deadline; nonmoving parties must provide the integrated joint motion and exhibits to the moving party 2 days before the filing deadline; moving parties may only make finalizing revisions and are responsible for filing the joint motion and supporting exhibits.

The moving party must provide its portion of the joint motion in limine to the nonmoving party, via e-mail, no later than nine days before the deadline set forth below for filing motions in limine. The nonmoving party shall then provide the integrated joint motion in limine, along with any exhibits, to the moving party no later than two days before the filing deadline. (The moving party may not make any further revisions to the joint motion in limine other than finalizing it for filing.) The moving party shall be responsible for filing the joint motion in limine and preparing and filing any supporting exhibits.

Applies to

Notification

Service

Other to other

Party served with subpoena for protected material must promptly notify designating party in writing, including a copy of the subpoena or court order.

(a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order;

Applies to

Notification

Service

Other to other

Party served with subpoena for protected material must promptly notify issuing party in writing, including a copy of this protective order.

(b) promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and

Service

Other

Written discovery must be served early enough to allow motions on deficient responses before the discovery cut-off date.

All interrogatories, requests for production of documents, and requests for admissions must be served sufficiently in advance of the discovery cut-off date to permit the discovering party enough time to challenge (via motion practice) responses deemed to be deficient.

Applies to

Jury instructions

Service

Other to opposing party

Plaintiff must serve proposed jury instructions and verdict forms 14 days before Local Rule 16-2 meeting; defense must serve objections within 7 days, and all counsel must attempt to agree on instructions before/at the meeting.

At least 14 days before the meeting of counsel required by Local Rule 16-2 (which must occur at least 40 days before the date set for the Final Pretrial Conference), counsel for plaintiff(s) must serve on defense counsel proposed jury instructions and proposed verdict/special verdict forms. Within seven (7) days, defense counsel must serve objections, if any, to those instructions and verdict forms, as well as any proposed alternative or additional instructions and verdict forms. Before or at the Rule 16-2 meeting, counsel must attempt to come to agreement on the proposed jury instructions and verdict forms.

Deadline

14 calendar days

Service

Other to opposing party

Plaintiff's counsel must serve proposed jury instructions and verdict forms at least 14 calendar days before the Local Rule 16-2 counsel meeting.

At least fourteen (14) calendar days before the meeting of counsel required by Local Rule 16-2 (which must occur at least 40 days before the date set for the Final Pretrial Conference), counsel for plaintiff(s) must serve on defense counsel proposed jury instructions and proposed verdict forms.

Deadline

7 calendar days

Service

Other to opposing party

Defense counsel must serve objections and alternative jury instructions/verdict forms within 7 calendar days of plaintiff's service.

Within seven (7) calendar days, defense counsel must serve objections, if any, to those instructions and verdict forms, as well as any proposed alternative or additional instructions and verdict forms.

Applies to

Exhibit

Service

Personal service to opposing party

Counsel must show new exhibits to opposing counsel before mentioning them in court.

To save time, counsel must show a new exhibit to opposing counsel before it is mentioned in court.

Deadline

1 calendar days

Applies to

Deposition

Service

Court service to court

Trial depositions must be provided to the CRD by the first day of trial or earlier; counsel should verify receipt.

All depositions to be used at trial, either as evidence or potentially for impeachment, must be provided to the CRD on the first day of trial or such earlier date as the Court may order. Counsel should verify with the CRD that the relevant deposition is in the CRD’s possession.

Applies to

Sealed document

Service

Other to opposing counsel

Sealed documents must be served on opposing counsel by means other than NEF, with a certificate of service and copy of NEF.

Service of Sealed Documents: Documents electronically filed under seal will not be accessible through the Notice of Electronic Filing (“NEF”). The filing party is therefore responsible for serving all sealed documents and attachments on opposing counsel by other means. A certificate of service must be included with every sealed filing and a copy of the NEF should be served with the sealed

Applies to

Sealed document

Service

Other to opposing party

Sealed documents cannot be served via Notice of Electronic Filing (NEF) and must be served by other means, including the NEF, sealed declaration, and unredacted document to opposing counsel.

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it, the sealed declaration, and the unredacted document on opposing counsel.

Service

Other to opposing party

All sealed documents must be served by non-electronic means, with the NEF and sealed document delivered to opposing counsel.

Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Applies to

Sealed document

Service

Other to opposing party

Sealed documents cannot be accessed via NEF, so parties must serve sealed documents and the NEF on opposing counsel using non-electronic service methods.

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Applies to

Sealed document

Service

Other to opposing party

Sealed documents must be served by means other than NEF; serve the NEF and sealed document on opposing counsel by other means.

Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

Applies to

Standing order

Service

Other to all parties

Plaintiff's counsel must serve this standing order on all parties immediately.

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

Applies to

Standing order

Service

Other to all parties

In removed cases, the removing defendant must serve this standing order on all other parties.

If this case was removed from state court, the defendant that removed the case must serve this Order on all other parties.

Deadline

3 calendar days

Service

Personal service

Plaintiff must file proof of service within 3 days after serving the complaint.

If plaintiff has not already served the operative complaint on all defendants, plaintiff must do so promptly and must file proofs of service within three days thereafter.

Deadline

24 hours

Service

Other

After the court rules, the filer must serve conformed under seal documents on all parties and file a proof of service within 24 hours of receiving the conformed copies from the clerk.

After the Court rules on the application, the Courtroom Deputy Clerk 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 Clerk returning the conformed copies of the documents.

Applies to

Ex parte application

Service

Other

Ex parte application to extend time to serve fictitiously named defendants must be served on all appearing parties.

The ex parte application shall be served upon all appearing parties, and shall state that appearing parties may comment within seven (7) days of the filing of the ex parte application.

Applies to

Ex parte application

Service

Other

Plaintiff must provide notice to all appearing parties when filing an ex parte application for substitution of a fictitiously named defendant.

If consent is withheld or denied, plaintiff may apply ex parte requesting such amendment, with notice to all appearing parties.

Applies to

Standing order

Service

Other to all parties

Plaintiff's counsel (or plaintiff if pro se) must immediately serve this Order on all parties, and the removing defendant must do so in removed cases.

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

Proposed findings of fact and conclusions of law

Service

Other to opposing party

Proposed Findings of Fact and Conclusions of Law must be served on opposing counsel.

Counsel for each party shall, no later than twenty-one (21) days prior to the Final Pretrial Conference, file and serve on opposing counsel their Proposed Findings of Fact and Conclusions of Law in the form specified in Local Rule 52-3.

Service

Other to all parties

The removing Defendant (or Plaintiff in non-removed cases) must promptly serve this Order on all other parties.

If this case was removed to this Court, then the removing Defendant is DIRECTED forthwith to serve this Order on all other parties. Otherwise, Plaintiff is DIRECTED forthwith to serve this Order on all parties.

Applies to

Order

Service

Other to all parties

Counsel must provide this Order to newly appearing parties and known parties not yet appeared.

Plaintiff’s counsel or, if plaintiff is appearing pro se, defendant’s counsel, shall provide this Order to any parties who first appear after the date of this Order and to parties who are known to exist but have not yet entered appearances.

Deadline

3 calendar days

Applies to

Complaint

Service

Other

Plaintiff must file proof of service of the complaint within 3 days after service.

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

Deadline

3 calendar days

Applies to

Responsive pleading

Service

Other

Defendants must file proof of service of responsive pleadings within 3 days after service.

Defendants shall also timely file and serve their responsive pleadings and file proofs of service within three (3) days thereafter, in compliance with the requirements of Local Rule 5-3.2.

Deadline

14 calendar days

Service

Email

Moving party must deliver its portion of joint brief to opposing party within 14 days after meet and confer.

No later than fourteen (14) days after the meet and confer, the moving party shall personally deliver or email to the opposing party an electronic copy of the moving party's portion of the Joint Brief

Deadline

14 calendar days

Service

Email

Opposing party must deliver integrated motion to moving party within 14 days after receiving moving party's papers.

No later than fourteen (14) days after receiving the moving party's papers, the opposing party shall personally deliver or email to the moving party an electronic copy of the integrated motion

Applies to

Complaint

Service

Personal service to doe defendants

Plaintiff must identify and serve Doe defendants before the 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

Order

Service

Other to all parties

Plaintiff's counsel must promptly serve a copy of this Order on all defendants' counsel; if the case was removed, the removing defendant must serve it on all parties of record.

Counsel for plaintiff is responsible for promptly serving a copy of this Order on all defendants' counsel. If this case came to the Court via removal, the removing defendant shall promptly serve a copy of this Order on all parties of record.

Applies to

Summons and complaint

Service

Personal service to all parties

Court expects service of initial pleadings sooner than the 90-day limit and may require plaintiff to show cause for undue delay.

Although Fed.R.Civ.P., Rule 4(m) does not require the summons and complaint to be served for as much as 90 days, the Court expects that the initial pleadings will be served much sooner than that, and will require plaintiff to show cause before then if it appears that there is undue delay.

Deadline

120 calendar days

Service

Other

Plaintiff normally expected to serve fictitiously named defendants within 120 days of removal.

Plaintiff is normally expected to ascertain the identity of and serve any fictitiously named defendants within 120 days of the removal of the action to this Court.

Applies to

Declaration

Service

Other

Declarations of direct testimony may be served personally, by fax, or by electronic mail.

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

Service

Other

Counsel must provide a copy of this Order to newly appearing parties and known but unappeared parties.

Plaintiff’s counsel or, if Plaintiff is appearing pro se, Defendant’s counsel, shall provide this Order to any parties who first appear after the date of this Order and to parties who are known to exist but have not yet entered appearances.

Service

Other

Counsel must deliver copies of this Order and the Scheduling and Trial Order to their clients.

Counsel are ordered to deliver to their clients a copy of this Order and the court’s forthcoming Scheduling and Trial Order, which will contain the pretrial and trial schedule for this action.

Applies to

Witness binder

Service

Other to opposing party

Government must provide defense counsel a copy of witness binders; witness binders are not provided to the jury.

a copy for defense counsel. The witness binders will not be provided to the jury.

Applies to

Order

Service

Other to other

Counsel must deliver copies of this Order and trial order to clients.

Counsel are ordered to deliver to their respective clients a copy of this Order and of the Court’s trial order, which will contain the schedule that the Court sets at the scheduling conference.

Service

Other to all parties

Clerk must serve a copy of this order personally or by mail on all counsel.

The Clerk is ordered to serve a copy of this order personally or by mail on counsel for all parties to this action.

Applies to

Order

Service

Other to other

Plaintiff's counsel (or defendant's counsel if plaintiff is pro se) must provide this Order to newly appearing parties and known but unappeared parties.

Plaintiff’s counsel or, if plaintiff is appearing pro se, defendant’s counsel, must provide this Order to any parties who first appear after the date of this Order and to parties who are known to exist but have not yet entered appearances.