Judge Virginia A. Phillips
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
Motion, Opposition, Reply, Ex Parte Application, Joint Report
- 1 copy • Within 24 Hours
Adjournments
- In the event that the parties are able to resolve a pending motion, they must notify the Court at least one week before the hearing date. Sanctions may issue for failure to comply with this requirement, or the broader requirement in Local Rule 7-16 that any party who intends either to withdraw a motion, to not oppose a motion, or to seek a continuance of the hearing date for a motion, must notify the court by noon on the Tuesday preceding the hearing date.
Communication
Phone
Chambers
Opposing Party
Page & Word Limits2 rules
opposition to motions shall not exceed 25 pages. Replies shall not exceed 12 pages.
- Opposition
- Up to 25 pages
Replies shall not exceed 12 pages.
- Reply
- Up to 12 pages
Document Format Requirements3 rules
E-filing must be completed by 4:00 p.m. on the due date.
Formatting
- •Documents must comply with Local Rule 5-4, particularly 5-4.3.1
Court's wording
The "e-filing" of all documents required to be "e-filed" in this matter pursuant to General Order No. 10-07 and Local Rule 5-4 shall be completed by 4:00 p.m. on the date due. Any documents "e-filed" after 4:00 p.m. on the date due will be considered untimely. Any documents that fail to comply with Local Rule 5-4, and particularly Local Rule 5-4.3.1 may be rejected.
If such evidence exceeds 200 pages, the evidence shall be placed in a Slant D-Ring binder, include an index, and each item of evidence shall be separated by a tab divider on the right side.
- More than 200 pages
Formatting
- •Tabbed
- •Indexed
- •Right side tab dividers
If documentary evidence in support of or in opposition to a motion exceeds 50 pages, the evidence shall be separately bound, tabbed, and include an index.
- More than 50 pages
- Binding
- Securely bound
Formatting
- •Tabbed
- •Indexed
Document Filing Requirements14 rules
All lead trial counsel must attend, in person, any scheduling and pretrial conferences set by the Court. Failure of lead trial counsel to appear for those proceedings is a basis for sanctions.
Each party filing or opposing a motion or seeking the determination of any matter shall serve and file a proposed order which sets forth the relief or action sought.
- Document
- Motion
Must include
- •Proposed order
Plaintiff must serve complaint and file proofs of service within 90 days or case will be dismissed.
- Document
- Proof of service
Must include
- •Certificate of service
Court's wording
The Plaintiff shall serve the Complaint promptly in accordance with Fed. R. Civ. P. 4 and Local Rule 5-3 and file the proofs of service pursuant to Local Rule 5-4. Proofs of service of the Summons and Complaint on all Defendants must be filed within 90 days of the filing of the case absent a previously approved extension of time by the Court or a motion or responsive pleading by all Defendants. This serves as notice pursuant to Fed. R. Civ. P. 4(m) that failure by the Plaintiff to file timely proofs of service of the Summons and Complaint will result in the dismissal of the case for failure to prosecute.
Ex parte applications must comply with Local Rule 7-19 or be denied.
- Document
- Ex parte application
Must include
- •Local rule certificate
Court's wording
The moving party's declaration in support of an ex parte application shall show compliance with Local Rule 7-19 and this Order, failing to follow the Local Rules and the Order will result in the application being DENIED.
Any continuances that are requested without an accompanying declaration will
Counsel requesting a continuance must submit a stipulation, with a detailed declaration of the basis for the requested continuance or extension of time, and a proposed order.
- Document
- Continuance request
Must include
- •Stipulation
- •Proposed order
- •Detailed declaration
Additionally, parties shall file any legal objections to the other party's proffered evidence under separate cover.
- Document
- Legal objection
Must include
- •Under separate cover
A party moving for an award of attorneys’ fees shall submit the detailed billing records of its counsel.
- Document
- Motion for attorneys fees
Must include
- •Detailed billing records
An opposing party shall specify its objections to the fee requests and time spent in the form set forth below:
- Document
- Opposition to fee motion
Must include
- •Objections to fee requests
The moving party's brief shall also be accompanied by a statement of undisputed facts ("SUF").
No party may file more than one motion pursuant to Fed. R. Civ. P. 56 regardless of whether such motion is denominated as a motion for summary judgment or summary adjudication.
SUF must be in table format with numbered facts, plain statements, and citations to admissible evidence.
- Document
- Statement of uncontested facts
Must include
- •Table format
Court's wording
The SUF shall be presented in a table format and include the following columns: a. The first column shall contain the number of the fact alleged to be undisputed. Only facts should be listed, not legal arguments. b. The second column shall contain a plain statement of the fact. Facts shall not be compound. If, for instance, the required response is that the fact is disputed in part, the fact is compound. Further, neither legal arguments nor conclusions constitute facts. c. The third column shall contain a citation to admissible evidence the party believes supports the proffered fact.
Parties offering evidence in support of, or in opposition to, a Rule 56 motion must cite to specific page and line numbers in depositions and paragraph numbers in affidavits.
Plaintiff's counsel must serve this order on all parties; removing defendant must serve if case came by removal.
Court's wording
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 noticed removal, the removing defendant shall serve this Order on all other parties.
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies of ex parte applications must be delivered to the Courtesy Box.
As with all motion papers, counsel must deliver a conformed courtesy copy of the papers to the 'Courtesy Box', located outside the First Street Court House Clerk’s Office at 350 W. 1st Street, 4th Floor, Los Angeles, California 90012.
Civil cases
Page 11 | Ex Parte Applications
mandatory chambers copy of ONLY the following filed documents a. Motions, oppositions, and replies; b. Ex parte applications and related documents; and c. Joint reports filed pursuant to Fed. R. Civ. P. 26(f). Such chambers copies shall be delivered to the "Courtesy Box," located outside of the Clerk’s Office at the First Street Courthouse, 350 West 1st Street, 4th Floor, Los Angeles, California 90012, no later than 12:00 noon on the day following "e-filing." All chambers copies shall comply fully with the document formatting requirements of Local Rules 5-4, 11-3, and 11-4 including the "pre-punching," "backing," and "tabbing" requirements of Local Rules 11-3.5, 11-4.1, and 11-5.3, respectively. If the filing party and their counsel fail to deliver a mandatory chambers copy in full compliance with this Order and Local Rule 11-3, the Court may, on its own motion, reschedule any related hearing, as well as imposing sanctions.
mandatory chambers copy of ONLY the following filed documents a. Motions, oppositions, and replies; b. Ex parte applications and related documents; and c. Joint reports filed pursuant to Fed. R. Civ. P. 26(f). Such chambers copies shall be delivered to the "Courtesy Box," located outside of the Clerk’s Office at the First Street Courthouse, 350 West 1st Street, 4th Floor, Los Angeles, California 90012, no later than 12:00 noon on the day following "e-filing." All chambers copies shall comply fully with the document formatting requirements of Local Rules 5-4, 11-3, and 11-4 including the "pre-punching," "backing," and "tabbing" requirements of Local Rules 11-3.5, 11-4.1, and 11-5.3, respectively. If the filing party and their counsel fail to deliver a mandatory chambers copy in full compliance with this Order and Local Rule 11-3, the Court may, on its own motion, reschedule any related hearing, as well as imposing sanctions.
Civil cases
Sealing & Redaction Procedures
Written request for extraordinary measures must be filed by pretrial papers deadline.
Any party believing that a document, portions thereof, or witness testimony should remain confidential or sealed during trial must request in advance of trial that the court take extraordinary measures, such as closing the courtroom to the public or sealing the trial transcript, to protect the confidentiality of that information. The request must be made in writing and filed no later than the date on which pretrial papers are due.
Civil cases
Counsel must identify unsealed trial exhibits on docket within 2 business days after trial.
If previously sealed documents are ordered unsealed for use at trial, counsel for the party offering the document as evidence shall, within two business days of the conclusion of the trial, identify which entries on the docket represent the exhibit actually received.
Civil cases
Documents must be narrowly tailored when filed under seal with good cause.
Parties are reminded that court proceedings are presumptively public, and no document shall be filed under seal without request for a court order that is narrowly tailored to cover only the document, the particular portion of the document, or category of documents for which good cause exists for filing under seal.
Civil cases
Declaration establishing good cause must be filed within 5 days of service request for sealing.
If the sole ground for the sealing order is that the opposing party (or a non-party) has designated the document as confidential, the opposing party (or non-party) shall file a declaration establishing good cause for the sealing along with a proposed order, or shall withdraw the designation. The declaration shall be filed within five days of service on the opposing party (or non-party) of the request for a sealing order.
Civil cases
Documents lose confidential status if offered as trial exhibits without 'most compelling' reasons.
Notwithstanding any provision of a protective order to the contrary, any document, whether previously designated confidential or previously sealed, will be unsealed and will lose its confidential status if offered as an exhibit at trial, absent a showing of the "most compelling" reasons.
Civil cases
Confidential documents failing compelling reasons test may be re-designated as public.
Documents designated as confidential in conjunction with case-dispositive motions or briefs that do not satisfy the compelling reasons test may accordingly be re-designated as public information upon proper request.
Civil cases
Confidential documents in case-dispositive motions must meet 'compelling reasons' test.
The Court cautions parties that documents designated as confidential that are attached as exhibits to case-dispositive motions, or redacted portions of case-dispositive briefs that contain confidential information, must meet the high 'compelling reasons' test articulated in Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122 (9th Cir. 2003).
Civil cases
Adjournment & Extension Requirements
In the event that the parties are able to resolve a pending motion, they must notify the Court at least one week before the hearing date. Sanctions may issue for failure to comply with this requirement, or the broader requirement in Local Rule 7-16 that any party who intends either to withdraw a motion, to not oppose a motion, or to seek a continuance of the hearing date for a motion, must notify the court by noon on the Tuesday preceding the hearing date.
In the event that the parties are able to resolve a pending motion, they must notify the Court at least one week before the hearing date. Sanctions may issue for failure to comply with this requirement, or the broader requirement in Local Rule 7-16 that any party who intends either to withdraw a motion, to not oppose a motion, or to seek a continuance of the hearing date for a motion, must notify the court by noon on the Tuesday preceding the hearing date.
Civil cases
Continuances granted only for good cause with focus on diligence and prejudice.
Continuances will be granted only upon a showing of good cause, focusing on the diligence of the party seeking the continuance and any prejudice that may result if the continuance is denied.
Civil cases
Page 12 | Stipulations
Chambers Communication Rules
Non-opposition to ex parte applications must be communicated to Courtroom Deputy Clerk.
If counsel does not intend to oppose an ex parte application, they must so inform the Courtroom Deputy Clerk, (213) 894-3480.
Civil cases
Page 11 | Ex Parte Applications
Counsel prohibited from contacting chambers by phone or ex parte means.
Communications with Chambers. Counsel shall not attempt to contact the Court or its Chambers staff by telephone or by any other ex parte means.
Civil cases
Page 15 | Communications with Chambers
Motions heard Mondays at 11:00 AM; no motions on Tuesday after Monday holidays.
Motions shall be filed and set for hearing in accordance with Local Rule 6-1. Motions will be heard on Mondays commencing at 11:00 a.m. If Monday is a national holiday, this Court does not hear motions on the succeeding Tuesday. Any motion noticed for a holiday shall automatically be set to the next Monday without further notice
Civil cases
Page 2 | Motions
Ex parte applications require 24-hour notice to opposing party for opposition papers.
The moving party shall 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; for example, if an ex parte application is required to be filed by 2:00 p.m. the following Monday.
Civil cases
Page 11 | Ex Parte Applications
Junior Lawyer Participation Incentives
argument on any motion handled by a lawyer with 6 or fewer years of experience. The Court should be advised that a newer lawyer is doing the argument well in advance of the hearing date.
argument on any motion handled by a lawyer with 6 or fewer years of experience. The Court should be advised that a newer lawyer is doing the argument well in advance of the hearing date.
Civil cases