Judge John D. Love
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • When Fully Briefed
Filings > 10 pages
Filings > 30 pages
Adjournments
- Defendants must use the Local Rule CV-12 application procedure for extensions of time to answer, which requires the extension to be unopposed, not more than 30 days, and not result in an overall extension exceeding 45 days. The deadline to answer is stayed pending clerk action.
- No additional extensions of time to answer will be granted after the 45-day deadline without a showing of good cause.
- Late submission of letter briefs requires showing of good cause.
Request must include
Page & Word Limits2 rules
Opening letter briefs and responsive letter briefs shall be no longer than 5 pages. Reply briefs shall be no longer than 3 pages.
- Letter brief
- Up to 5 pages
- Reply letter brief
- Up to 3 pages
The opening and response briefs shall not exceed 15 pages, respectively. Any replies shall not exceed 5 pages.
- Brief
- Up to 15 pages
- Reply brief
- Up to 5 pages
Document Format Requirements2 rules
Letter briefs shall be filed without exhibits.
- Letter brief
Formatting
- •Exhibits are prohibited with letter briefs
e. Individually numbered pages.
Formatting
- •Individually numbered pages
Document Filing Requirements37 rules
briefing filed before the court shall include the following: a. A statement of the exact issues presented for review, set forth in separate numbered paragraphs. b. A statement of the case. This statement should indicate, briefly, the course of the proceeding and its disposition at the administrative level and should set forth a general statement of the facts. This statement of the facts shall include plaintiff’s age, education, and work experience; an outline of the medical evidence; and a brief summary of other evidence of record. Each statement of fact shall be supported by a reference to the page in the record where the evidence may be found. c. An argument. The argument may be preceded by a summary. The argument shall be divided into sections separately treating each issue and must set forth the contentions of plaintiff with respect to the issues presented and reasons therefor. Each contention must be supported by specific reference to the portion of the record relied upon and by citations to statutes, regulations, and cases supporting plaintiff’s position. Cases from other districts and circuits should be cited only in conjunction with relevant cases from this jurisdiction or if authority on point from this jurisdiction does not exist. Citations to unreported district court opinions must be accompanied by a copy of the opinion. If plaintiff has moved for remand to the Secretary for further proceedings, the argument in support thereof must set forth good cause for remand. Furthermore, if the remand is for the purpose of taking additional evidence, such evidence must be attached to the brief, or, if such evidence is in the form of a consultation examination sought at government expense, plaintiff must make a proffer of the nature of the evidence anticipated to be obtained. d. A short conclusion stating the relief sought. The issues before the court are limited to the exact issues properly raised in the briefs. Any issue raised in the briefs but not discussed at oral argument, if one is held, will be deemed abandoned. e. Individually numbered pages.
- Document
- Brief
Must include
- •Statement of facts
This list shall also include any documents or things the parties intend to use for demonstrative purposes.
Those exhibits should be appropriately labeled as Plaintiff’s or Defendant’s exhibits, e.g., PX-1, DX-1.
These are items that will not be entered into evidence, but will be used in the course of trial for demonstrative purposes and must be disclosed.
The parties are not required to have prepared or exchanged demonstratives at this time; however, the list should include placeholders for all intended demonstratives.
The exhibit list shall contain all exhibits that the parties intend to offer for admission into evidence.
They should be labeled and designated as such, e.g., PDX-1, DDX-1.
This list shall also include any documents or things the parties intend to use for demonstrative purposes.
These are items that will not be entered into evidence, but will be used in the course of trial for demonstrative purposes and must be disclosed.
Any exhibits that have been produced by bates number must also include the bates number.
Any physical exhibits that the parties intend to offer into evidence should also be listed and designated as such, e.g., PPX-1, DPX-1.
The exhibit list shall contain all exhibits that the parties intend to offer for admission into evidence.
Any exhibits that have been produced by bates number must also include the bates number.
To the extent a demonstrative has been prepared, or the party is aware of its intent to use a particular document for demonstrative purposes only, those items should be exchanged, appropriately identified, and included in the exhibit list.
A sealed filing must include a certificate of service identifying either a corresponding sealing motion or the specific authorizing court order.
- Document
- Sealed filing
Must include
- •Certificate of service
Court's wording
Pursuant to L.R. CV-5(a)(7)(B), the sealed filing must include a certificate of service by counsel that clearly identifies either (1) a corresponding motion to file under seal; or, (2) if no motion to seal has been filed, the specific order of the Court that provides the authorization to file under seal.
A party cannot rely on a generic protective-order statement and must identify the specific sealing order by docket number and relevant page or paragraph.
Court's wording
Simply stating that a motion is being filed under seal pursuant to the Court’s Protective Order is insufficient. Parties must specifically identify the order granting authority to file under seal by Docket Number and point to the specific provisions (page or paragraph numbers) that provide for the sealing of the document in question.
Documents containing proprietary information must be separately filed under seal with a compliant certificate of service.
- Document
- Sealed attachment
Must include
- •Certificate of service
Court's wording
A party seeking to attach a document or documents that contain proprietary information to be sealed must separately file those documents and include a certificate of service that complies with L.R. CV-5(a)(7).
Any party who wishes to file a sealed document must comply with the requirements of Local Rule CV-5(a)(7).
A sealing request must show both substantial harm from disclosure and a good-faith meet-and-confer to minimize sealing at hearing or trial.
Court's wording
In making a request to seal, the requesting party must demonstrate: (1) that the information sought to be protected is of such a sensitive nature that its disclosure creates a risk of harm that outweighs the strong presumption in favor of public access to judicial proceedings; and (2) that the parties have met and conferred in good faith concerning the manner in which the sensitive information will be presented at the hearing or at trial, with the goal of minimizing the need to seal the record and/or the courtroom.
Post-disclosure sealing or redaction requests must satisfy prior requirements and show good cause for not moving earlier, except for Fed. R. Civ. P. 5.2(a) redactions.
Court's wording
Except for requests to redact information referenced in Fed.R.Civ.P. 5.2(a), requests to seal, redact, or otherwise protect information after its public disclosure at a hearing or trial must, in addition to the previous requirements, show good cause as to why the motion was not made in advance of the disclosure.
Attorneys and pro se litigants are responsible for AI-assisted filings under Rule 11 and professional conduct rules.
- Document
- All filings
Include
- •AI disclosure
Court's wording
If generative artificial intelligence is utilized in the preparation of any documents filed with the court, the attorney or pro se litigant will be held responsible for the contents thereof under Federal Rule of Civil Procedure 11 and applicable rules of professional conduct and attorney discipline.
All filings must include Certificate of Generative Artificial Intelligence Usage disclosing AI use, tool, purpose, and accuracy verification.
- Document
- All filings
Must include
- •AI disclosure
- •Certificate of Generative Artificial Intelligence Usage
Court's wording
Consistent with Federal Rule of Civil Procedure 11(b), and the certifications required thereunder, any party, whether appearing pro se or through counsel, must include with all filings a “Certificate of Generative Artificial Intelligence Usage” that discloses: (1) “generative artificial intelligence”2 was used (or not used); (2) the specific tool the party used; (3) how the party used the tool in preparing the relevant document; and (4) that the party certifies they have checked the accuracy of any portion of the document drafted or assisted by the tool, including all factual and procedural background, citations, and legal authority.
All filings must include a Certificate of Generative Artificial Intelligence Usage with specified disclosures and accuracy certification.
- Document
- Filing
Must include
- •AI disclosure
Court's wording
any party, whether appearing pro se or through counsel, must include with all filings a “Certificate of Generative Artificial Intelligence Usage” that discloses: (1) “generative artificial intelligence”2 was used (or not used); (2) the specific tool the party used; (3) how the party used the tool in preparing the relevant document; and (4) that the party certifies they have checked the accuracy of any portion of the document drafted or assisted by the tool, including all factual and procedural background, citations, and legal authority.
A complete Proposed Docket Control Order must be re-filed with any motion to modify/amend a Docket Control Order, showing modified deadlines in brackets above the current deadlines.
Court's wording
In cases before the Honorable John D. Love, parties shall re-file a complete Proposed Docket Control Order in every instance where a motion to modify / amend a Docket Control Order is to be considered by the Court. The amended Docket Control Order shall incorporate the modified deadlines in addition to the deadlines that remain unchanged. Each proposed modified deadline should be entered above the corresponding current deadline, within the same cell as the corresponding current deadline. The modified deadline should be placed between brackets (i.e. "[" and "]"), but should otherwise be in a font and format identical to the current deadline.
Technical advisor submission must include name, address, phone number, CV, availability, or statement of no agreement.
Court's wording
parties shall provide, no later than 100 days before the Markman hearing, the name, address, phone number, and curriculum vitae for up to three agreed technical advisors and information regarding the nominees’ availability for the Markman hearing or a statement that they could not reach an agreement as to any potential technical advisor.
If the parties cannot agree on a technical advisor, they shall not submit any proposed technical advisors to the Court.
They should be labeled and designated as such, e.g., PDX-1, DDX-1.
Any physical exhibits that the parties intend to offer into evidence should also be listed and designated as such, e.g., PPX-1, DPX-1.
The parties are not required to have prepared or exchanged demonstratives at this time; however, the list should include placeholders for all intended demonstratives.
Parties are free to generate and format their exhibit lists in a manner convenient to them, but the list shall contain at least the minimum information set forth below.
Those exhibits should be appropriately labeled as Plaintiff’s or Defendant’s exhibits, e.g., PX-1, DX-1.
To the extent a demonstrative has been prepared, or the party is aware of its intent to use a particular document for demonstrative purposes only, those items should be exchanged, appropriately identified, and included in the exhibit list.
The court presumes that a party who files a document that does not contain this certification certifies that no part of the document was prepared using generative artificial intelligence.
The court presumes that a party who files a document that does not contain this certification certifies that no part of the document was prepared using generative artificial intelligence.
- Document
- All filings
Include
- •AI disclosure
The Court will order the exchange of all demonstratives at a time closer to trial.
The Court will order the exchange of all demonstratives at a time closer to trial.
Violations of AI disclosure requirements may result in sanctions under Rule 11, including monetary sanctions.
- Document
- All filings
Include
- •AI disclosure
Court's wording
If the court has good reason to suspect that a filing has relied on generative artificial intelligence in violation of this Standing Order, and the party has not reasonably dispelled of the court’s concerns, such violation may result in the imposition of appropriate sanctions under Federal Rule of Civil Procedure 11, including monetary sanctions.
Filing & Service rules
Filing Timing and Cure Windows
If request granted, parties must provide technical advisor information no later than 100 days before Markman hearing.
Should Defendant’s request be granted, parties shall provide, no later than 100 days before the Markman hearing, the name, address, phone number, and curriculum vitae for up to three agreed technical advisors and information regarding the nominees’ availability for the Markman hearing or a statement that they could not reach an agreement as to any potential technical advisor.
Civil cases
Page 1 | STANDING ORDER REGARDING LETTER BRIEF AND BRIEFING PROCEDURES
Letter brief must be submitted no later than 145 days before the Markman hearing.
The letter brief is due no later than 145 days before the Markman hearing.
Civil cases
Page 1 | STANDING ORDER REGARDING LETTER BRIEF AND BRIEFING PROCEDURES
Courtesy Copy Requirements
The moving party shall submit to the Court all of the briefing (including responses, replies, and appendices thereto) in a single binder, appropriately tabbed, upon the completion of briefing.
The moving party shall submit to the Court all of the briefing (including responses, replies, and appendices thereto) in a single binder, appropriately tabbed, upon the completion of briefing.
Civil cases
Page 1 | EXEMPTION ORDER TO LOCAL RULE CV-5(a)(9) REGARDING COURTESY PAPER COPIES OF ELECTRONICALLY FILED DOCUMENTS
Courtesy paper copies required only for filings exceeding 30 pages.
IT IS ORDERED that courtesy paper copies shall only be provided for filings that exceed 30 pages in length (including attachments), unless specifically requested by the undersigned.
Civil cases
Page 1 | EXEMPTION ORDER TO LOCAL RULE CV-5(a)(9) REGARDING COURTESY PAPER COPIES OF ELECTRONICALLY FILED DOCUMENTS
In cases pending before the Honorable John D. Love, the parties are exempt from complying with Local Rule CV-5(a)(9), which requires the filing party to provide the presiding judge with paper copies of all electronically-filed documents over ten (10) pages in length, including attachments.
In cases pending before the Honorable John D. Love, the parties are exempt from complying with Local Rule CV-5(a)(9), which requires the filing party to provide the presiding judge with paper copies of all electronically-filed documents over ten (10) pages in length, including attachments.
Civil cases
Page 1 | EXEMPTION ORDER TO LOCAL RULE CV-5(a)(9) REGARDING COURTESY PAPER COPIES OF ELECTRONICALLY FILED DOCUMENTS
Sealing & Redaction Procedures
Sealed attachments alone do not justify sealing the entire filing.
The attachment of a single document or multiple documents that need to be filed under seal does not provide a basis to seal the entire filing.
Civil cases
Page 1 | Attachment of Sealed Documents
Attachments requiring sealing must be filed separately with proper certificate of service; entire filing cannot be sealed based on attachments.
The attachment of a single document or multiple documents that need to be filed under seal does not provide a basis to seal the entire filing. A party seeking to attach a document or documents that contain proprietary information to be sealed must separately file those documents and include a certificate of service that complies with L.R. CV-5(a)(7).
Civil cases
Page 1 | Attachment of Sealed Documents
Sealed filings must include certificate of service identifying motion to seal or specific court order authorizing sealing by docket number and provisions.
Any party who wishes to file a sealed document must comply with the requirements of Local Rule CV-5(a)(7). Pursuant to L.R. CV-5(a)(7)(B), the sealed filing must include a certificate of service by counsel that clearly identifies either (1) a corresponding motion to file under seal; or, (2) if no motion to seal has been filed, the specific order of the Court that provides the authorization to file under seal. Simply stating that a motion is being filed under seal pursuant to the Court’s Protective Order is insufficient. Parties must specifically identify the order granting authority to file under seal by Docket Number and point to the specific provisions (page or paragraph numbers) that provide for the sealing of the document in question.
Civil cases
Page 1 | A. Sealed Filings
Transcript redactions must follow Local Rule CV-5.2 timing requirements.
Parties seeking redaction of a transcript must comply with the timing requirements set forth in Local Rule CV-5.2.
Civil cases
Page 2 | Except for requests to redact information referenced in Fed.R.Civ.P.
Requests to seal courtroom/record must be made before public disclosure and demonstrate sensitive nature and good faith meet-and-confer.
Requests to seal the courtroom and/or the record during a hearing or trial MUST be made before the public disclosure of the information. In making a request to seal, the requesting party must demonstrate: (1) that the information sought to be protected is of such a sensitive nature that its disclosure creates a risk of harm that outweighs the strong presumption in favor of public access to judicial proceedings; and (2) that the parties have met and conferred in good faith concerning the manner in which the sensitive information will be presented at the hearing or at trial, with the goal of minimizing the need to seal the record and/or the courtroom.
Civil cases
Page 2 | Requests to seal the courtroom and/or the record during a hearing or trial
Requests to seal the courtroom or record during hearings or trial must be made before public disclosure.
Requests to seal the courtroom and/or the record during a hearing or trial MUST be made before the public disclosure of the information.
Civil cases
Page 2 | Requests to seal the courtroom and/or the record during a hearing or trial
Except for requests to redact information referenced in Fed.R.Civ.P. 5.2(a), requests to seal, redact, or otherwise protect information after its public disclosure at a hearing or trial must, in addition to the previous requirements, show good cause as to why the motion was not made in advance of the disclosure. Parties seeking redaction of a transcript must comply with the timing requirements set forth in Local Rule CV-5.2.
Except for requests to redact information referenced in Fed.R.Civ.P. 5.2(a), requests to seal, redact, or otherwise protect information after its public disclosure at a hearing or trial must, in addition to the previous requirements, show good cause as to why the motion was not made in advance of the disclosure. Parties seeking redaction of a transcript must comply with the timing requirements set forth in Local Rule CV-5.2.
Civil cases
Page 2 | Except for requests to redact information referenced in Fed.R.Civ.P.
Filing Bundling Requirements
The certified transcript must be filed as an attachment to the Commissioner's answer in Social Security cases.
a certified copy of the transcript in Social Security cases shall be filed as an attachment to the Commissioner’s answer.
Civil cases
Page 1 | ORDER REGARDING FILING OF SOCIAL SECURITY TRANSCRIPTS
Court encourages consolidating courtesy copies into a single binder; additional binders permitted but not required.
The Court encourages the parties to consolidate the courtesy copy as practically as possible. Additional binders are permitted, but need not be submitted if all briefing can fit into a single binder.
Civil cases
Page 1 | EXEMPTION ORDER TO LOCAL RULE CV-5(a)(9) REGARDING COURTESY PAPER COPIES OF ELECTRONICALLY FILED DOCUMENTS
Adjournment & Extension Requirements
No additional extensions of time to answer will be granted after the 45-day deadline without a showing of good cause.
The Court further ORDERS that no additional extensions of time will be granted after a party exhausts the forty-five day deadline absent a showing of good cause.
Civil cases
Page 1 | ORDER REGARDING MOTIONS FOR EXTENSIONS OF TIME TO ANSWER
Defendants must use the Local Rule CV-12 application procedure for extensions of time to answer, which requires the extension to be unopposed, not more than 30 days, and not result in an overall extension exceeding 45 days. The deadline to answer is stayed pending clerk action.
The Court hereby ORDERS that Defendants in every case shall first use the procedure set in place by Local Rule CV-12 regarding filing an Application for Extension of Time to Answer with the Clerk’s office rather than filing a Motion for Extension of Time: LOCAL RULE CV-12 Filing of Answers and Defenses An attorney may, by motion, request that the deadline be extended for a defendant to answer the complaint or file a motion under Fed. R. Civ. P. 12(b). Unless otherwise ordered by the court, where the requested extension: (1) is not opposed; and (2) is not more than thirty days and does not result in an overall extension of the defendant’s deadline exceeding forty-five days, the request shall be by application to the clerk, not motion. The application shall be acted upon with dispatch by the clerk on the court’s behalf, and the deadline to . answer or otherwise respond is stayed pending action by the clerk.
Civil cases
Page 1 | ORDER REGARDING MOTIONS FOR EXTENSIONS OF TIME TO ANSWER
Late submission of letter briefs requires showing of good cause.
Good cause must be shown to submit letter briefs after the deadline outlined above.
Civil cases
Page 1 | STANDING ORDER REGARDING LETTER BRIEF AND BRIEFING PROCEDURES