Judge Anthony J. Battaglia
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Requests within 7 days must show excusable neglect for untimeliness
- Certain cases are exempt from discovery stay requirement.
- Early discovery likely granted for jurisdictional issues, TRO/injunction, evidence preservation, or settlement facilitation.
- +17 more
Request must include
- Continuance requests require 7-day advance notice, meet-and-confer, and detailed declaration
- Rule 26(f) conference must be held at least 21 days before Rule 16(b) scheduling conference.
- Rule 26(f) conference must occur at least 21 days before Rule 16(b) scheduling conference.
- Court can shorten the 21-day period between Rule 26(f) and Case Management Conferences by order.
- +2 more
- Newly added parties must make disclosures within 30 days of service/joinder
- Initial disclosures must be made within 14 days after Rule 26(f) conference
- Objections to pretrial disclosures are due 14 days after disclosure (7 days before Final Pretrial Conference).
- Discovery disputes handled by magistrate judges; objections must be filed within 14 days or right to appeal is waived.
- +3 more
- Opposing counsel has until 5:00 PM next business day to respond to ex parte motion
Communication
Phone
Chambers
Page & Word Limits4 rules
Each “side” (“plaintiffs,” “defendants,” or “third party defendants”) is limited to 10 depositions, absent a court order.
25 question limit exists;
A Rule 30(b)(6) deposition is treated as a single deposition for the 10-deposition limit even though more than 1 person is designated to testify.
The 10-deposition limit includes Rule 31 depositions upon written questions.
Document Format Requirements6 rules
All exhibits, including audio and video exhibits, are to be digitized wherever possible. The digitized exhibits must be submitted on a thumb drive. CDs and DVDs are no longer be accepted.
Generally, the examinee’s attorney may not be present.
Formatting
- •Attorney not permitted to attend
Generally, no other person apart from the examiner and the examinee (and possibly the examiner’s staff) may be present at a psychiatric examination, as it would contaminate the examination.
- Psychiatric exam
Formatting
- •No attorneys, experts, family, or friends present
- •No recording devices allowed
Documents submitted in Word Perfect will be rejected by the Court.
A court may order that the conference take place in person where that would appear to be of significant benefit.
Premises liability and ADA Title III cases are ideal for in-person Rule 26(f) conferences at the site.
Court's wording
Premises liability cases or Americans with Disabilities Act Title III cases regarding public access barriers are ideal types of cases for in-person Rule 26(f) conferences between the parties and counsel at the site that is the subject of the action.
Document Filing Requirements210 rules
Proposed orders for ex parte motions must be emailed in Word, not filed on CM/ECF
- Document
- Ex parte motion
Must include
- •Proposed order
Court's wording
Proposed orders must be submitted simultaneously with the filing of all ex parte motions. The proposed order should be emailed to efile_battaglia@casd.uscourts.gov in Word. Proposed orders must not be submitted or filed on CM/ECF. See CASD ECF Policies & Procedures § 2(h).
Proposed orders must be submitted simultaneously with the filing of all joint motions. The proposed order should be emailed to efile_battaglia@casd.uscourts.gov in Word. Proposed orders must not be submitted or filed on CM/ECF. See CASD ECF Policies & Procedures § 2(h).
- Document
- Joint motion
Must include
- •Proposed order
Any ex parte motion filed with the Court must be served on opposing counsel via facsimile, electronic mail with return receipt requested, or overnight mail.
Counsel may freely use the well for opening statement or closing argument. Witness examination must be done from the podium.
The parties must file witness and exhibit lists 7 days prior to the date of the trial, unless otherwise ordered by the Court.
Proposed jury instructions and verdict forms must be filed with joint pretrial conference order and emailed in Word format.
Court's wording
The parties must file proposed jury instructions and verdict forms with their joint pretrial conference order, unless otherwise ordered by the Court and email a copy in Word to efile_battaglia@casd.uscourts.gov.
Counsel are also jointly responsible for creating a thumb drive of all exhibits marked for identification but not received in evidence, along with illustrative only exhibits.
- Document
- Exhibit thumb drive
Include
- •Illustrative exhibits
- •Exhibits marked for identification
Exhibits may not be passed among the jury during trial.
A table of contents of the exhibits on the thumb drive must be submitted by counsel as well.
- Document
- Exhibit table of contents
Must include
- •Table of contents
Errata and notices of errata are not permitted.
Please remember that the notes must be dated and signed by the foreperson.
A copy of the trust must be filed with the federal court before settlement proceeds are distributed.
LR 17.1(b)(2) requires that a certified copy of the guardianship or conservatorship “letters” be filed in federal court before the settlement funds are distributed.
The petitioner’s attorney must submit a proposed order that complies with the rule and California Probate Code § 3600 et seq. and includes the specified bond, accounting, and—if applicable—Special Needs Trust provisions.
Court's wording
A Proposed Order must be submitted by the attorney for the petitioner and must comply with the requirements of this rule and California Probate Code § 3600, et seq., and include the following: i. An order for the appropriate bond; ii. An order that the first accounting, if required, be filed within one year of the establishment of the trust with the San Diego Superior Court. If the recipient of the money or property is not a California resident, the accounting must be made to the appropriate court in the jurisdiction where the minor or incompetent resides; iii. If the order is for the approval of the terms of a Special Needs Trust, it should contain: (A) A statement that the petitioner will provide proof that all liens have been satisfied prior to the 13
The order must approve the trust terms and set them out in full within the order rather than in an attachment; the parties are directed to proceed with settlement approval hearings or entry of judgment as appropriate.
Court's wording
iv. The order must provide that the terms of the trust are approved, and those terms will be fully set forth within said Order, not as an attachment. The parties are further directed to proceed with settlement approval hearings or the entry of judgment as appropriate. See Appendix E for a sample order.
The order approving the trust must require the first accounting to be filed within one year of trust establishment in the appropriate state court.
Court's wording
LR 17.1(b)(4)(B)(iii) requires that the order approving the trust include a provision that the first accounting be filed within one year of the establishment of the trust with the San Diego Superior Court for California residents, or other appropriate court for non-residents.
Specialized language and fifteen (15) days’ notice to the appropriate government agencies are essential to ensure that public benefits (Medi-Cal, Medicaid or SSI), otherwise payable, are not lost.
The Court must make specific findings pursuant to Probate Code § 3604(b).
The Petition for Approval and any proposed order must comply specifically with L.R. 17.1. See, Section C.1., supra. in this regard.
The specific findings required by Probate Code § 3604(b)(1) must be met.
The trust-approval order must require the first accounting to be filed within one year of establishing the SNT in the appropriate state court.
Court's wording
LR 17.1(b)(4)(B)(iii) requires that the order approving the trust include a provision that the first accounting be filed within one year of the establishment of the SNT with the San Diego Superior Court for California residents, or other appropriate court for non-residents.
For any subsequent settlement, however, a new petition pursuant to LR 17.1 must be filed and notice must be provided to the public agency.
In each settlement, however, a new petition pursuant to LR 17.1 must be filed and notice must be again provided to the public agency.
Counsel must file a proposed order with their petition which must comply with CivLR 17.1. and California Probate Code § 3600, et. Seq. CivLR 17.1.b.4.b.
- Document
- Petition
Must include
- •Proposed order
Where a Special Needs Trust is involved, attach a copy of the trust, and have a statement in the order as to the approval of the Trust terms and provisions;
A statement the Special Needs Trust will be subject to the provisions and requirements of California Probate Code Sections 3604 and 3605 as well as 42 U.S.C. 1396(d)(4)(A).
A directive that the petitioner will provide proof that all liens have been satisfied prior to the establishment of the trust;
Should a guardian be necessary a certified copy of guardianship letters and a state court certificate must be filed with the clerk prior to any distribution to the guardian unless otherwise ordered by the court.
No action by or on behalf of a minor or incompetent will be settled, compromised, voluntarily discontinued, dismissed or terminated without court order or judgment.
The certificate will verify that the guardian has filed a surety bond in an amount to be determined by the court.
Should money or property be held in a trust for a minor or an incompetent, the proposed trust instrument must be submitted to a magistrate judge on an ex parte petition for review and approval before the settlement is approved or the judgment is entered.
The petitioner’s attorney must submit a compliant proposed order containing the specified bond, accounting, and trust-approval provisions, including special provisions for Special Needs Trusts.
Court's wording
A Proposed Order must be submitted by the attorney for the petitioner and must comply with the requirements of this rule and California Probate Code §3600, et seq. and include the following: 1. An order for the appropriate bond; 2. An order that the first accounting, if required, be filed within one year of the establishment of the trust with the San Diego Superior Court. If the recipient of the money or property is not a California resident, the 45 ===== PAGE 46 ===== accounting must be made to the appropriate court in the jurisdiction where the minor or incompetent resides; 3. If the order is for the approval of the terms of a Special Needs Trust, it should contain: a. A statement that the petitioner will provide proof that all liens have been satisfied prior to the establishment of the trust by the court; and, b. A statement that the “court makes no specific finding or order with respect to whether the Special Needs Trust for the Benefit of satisfies or complies with applicable federal laws or regulations” 4. The order will provide that the terms of the trust are approved, and those terms will be fully set forth within said order, not as an attachment. The parties are further directed to proceed with settlement approval hearings or the entry of judgment as appropriate.
A copy of the executed trust document, as approved pursuant to this rule, along with a certification by the that any court ordered surety bond is in force, must be filed with the court prior to any distribution to the trust.
If a custody order is in effect, the most recent order must be attached.
A guardian ad litem application must include form CIV-383 stating whether each of the listed circumstances applies.
Court's wording
Guardian Ad Litem applications must include San Diego Superior Court form CIV-383 stating whether: a) the minor is subject of a juvenile dependency proceeding; b)the minor is the subject of probate guardianship; c) the proposed guardian is also asserting individual claims or defenses in the proceeding; and d) all of the minor’s parents have been given notice of this proceeding.
Discovery is Stayed Until a Rule 26(f) conference Occurs.
Discovery Cut-off Dates.
- Document
- Discovery
Include
- •Discovery Cut-off Dates
Scope of the Plan.
- Document
- Joint discovery plan
Include
- •Scope of the Plan
Timing for Submission.
Include
- •Timing for Submission
Ex parte applications must include affidavit/declaration regarding notice and reasons to dispense with notice under Civ. L.R. 83.3.h.2.
Court's wording
In the Southern District of California, ex parte applications and orders are covered under Civ. L.R. 83.3.h.2. The application must include an affidavit or declaration with regard to notice, the reasons to dispense with notice, or attempts to provide notice without success. Additional chambers requirements may also be applicable given the assigned judge.
Scheduling Considerations
Include
- •Scheduling Considerations
Initial Disclosures [Rule 26(a)(1)(A-D)].
The attorneys of record and all unrepresented parties must participate in the Rule 26(f) conference.
Timing and Format of Disclosures.
- Document
- Disclosure
Include
- •Timing and Format of Disclosures
In patent cases, discussion should include the identity of the claims, products, devices, methods, etc. in dispute to promote the quality and thoroughness of the required disclosures and help with the planning for discovery.
The timing, the form, or the requirements for the Rule 26(a) initial disclosures.
- Document
- Rule 26(f) conference
Include
- •Rule 26(a) initial disclosures
Subjects on which discovery may be needed, when discovery should be complete, and in what order discovery should proceed, as well as any other related issues:
Required Timing of Supplementation.
When Are Supplements Required?
A joint discovery plan must be prepared and submitted to the court within 14 days following the Rule 26(f) conference. Fed. R. Civ. P. 26(f)(2).
The discovery plans are not filed, but are lodged in the case, and should be lodged directly with the judge managing the case. In the Southern District of California, that is the assigned magistrate judge.
Satisfying the Duty to Supplement.
- Document
- Supplement
Include
- •Satisfying the Duty to Supplement
To Whom Does the Duty Extend?
The discovery plan needs to address the discovery that will be sought by each party and the time by which it will be completed.
In class action cases, the timing for the contemplated class certification motion should be discussed as well as any necessary discovery on that issue.
- Document
- Joint discovery plan
Should include
- •Class action timing
The extent to which issues under Daubert are known and will require resolution.
The need for and any issues associated with protective orders with regard to proprietary information should be indicated.
Should include
- •Protective orders
Disagreements concerning the plan or differing estimates over timing should be noted in the joint discovery plan for later resolution by the court at the Rule 16(b) Case Management Conference.
The parties should also discuss and report their positions regarding the deadlines for amending the pleadings or adding parties, the last date for filing dispositive motions and their estimates of timing for setting the final pretrial conference and trial.
In cases involving discovery of computer-based information or data, counsel should address the protocols or procedures for this discovery as part of the discovery plan.
Filing & Service rules
Filing Timing and Cure Windows
The first accounting must be filed within one year of establishing the SNT with the appropriate state court.
LR 17.1(b)(4)(B)(iii) requires that the order approving the trust include a provision that the first accounting be filed within one year of the establishment of the SNT with the San Diego Superior Court for California residents, or other appropriate court for non-residents.
Civil cases
Page 24 | 12. Accounting
If the recipient is not a California resident, any required accounting must be filed in the court of general jurisdiction where the minor or incompetent resides.
If the recipient of the money or property is not a California resident, the accounting must be in the court of general jurisdiction where the minor or incompetent resides;
Civil cases
Page 43 | IV. SETTLEMENT ALTERNATIVES UNDER THE CALIFORNIA PROBATE CODE (§ 3600. et. seq.)
In a settlement involving a trust, guardianship, or conservatorship, a requirement that the first accounting, if required, be filed within one year of the establishment of the trust, guardianship or conservatorship, with the San Diego Superior Court.
In a settlement involving a trust, guardianship, or conservatorship, a requirement that the first accounting, if required, be filed within one year of the establishment of the trust, guardianship or conservatorship, with the San Diego Superior Court.
Civil cases
Page 43 | IV. SETTLEMENT ALTERNATIVES UNDER THE CALIFORNIA PROBATE CODE (§ 3600. et. seq.)
A petition to appoint a guardian ad litem must be filed at the same time as the underlying complaint.
Petitions for appointment of a guardian ad litem must be filed at the same time as the underlying complaint is filed.
Civil cases
Page 47 | Rule 2.4.6 Minors/Incompetents/Conservatees
Opposition briefs to motions must be filed at least 7 calendar days before the hearing.
Opposition briefs must be filed at least seven (7) calendar days before the hearing date.
Criminal cases
Page 2 | IV. PRETRIAL MOTIONS
Pretrial motions (other than motions in limine and sentencing motions) must be filed at least 14 calendar days before the hearing.
All motions, except motions in limine and those pertaining to sentencing matters, must be filed at least fourteen (14) calendar days before the hearing date.
Criminal cases
Page 2 | IV. PRETRIAL MOTIONS
At least 7 calendar days before the first motion hearing, the parties must submit a written agreed-upon discovery and expert-witness timetable under Rule 16, including any disagreements.
Not later than seven calendar days prior to the first motion hearing, the parties must inform the Court in writing of the agreed upon timetable for the production of discovery, including the Alien Registration File, body-port-or remote cam video, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement.
Criminal cases
Page 2 | III. COMPLIANCE WITH LOCAL RULE 16.1
As a senior District Judge, Judge Battaglia will not be available on Fridays. All matters submitted on Friday will be considered the following Monday after the calendar matters for the day are addressed.
As a senior District Judge, Judge Battaglia will not be available on Fridays. All matters submitted on Friday will be considered the following Monday after the calendar matters for the day are addressed.
Criminal cases
Page 1 | II. CALENDAR
Service and Proof of Service Rules
For a hearing on a petition to approve a compromise and create an SNT, the named state directors must receive 15 days’ notice and a copy of the petition; out-of-state residents require notice to the appropriate public benefit office, and the general 30-day notice provision does not apply.
Fifteen (15) days’ notice of the time and place of hearing and a copy of the petition to approve the compromise and create the SNT must be given to the State Director of Health services, the Director of Mental Health, and the Director of Developmental Services at the office of each director in Sacramento. Prob. Code § 3602(f). The general 30- day notice provision of Probate Code § 17203 does not apply to these matters. For out of state resident minors/incompetents notice must be given to the appropriate public benefit state or federal office.
Civil cases
Page 20 | IV. SETTLEMENT ALTERNATIVES UNDER THE CALIFORNIA PROBATE CODE (§ 3600. et. seq.)
If Medicare pays some expenses, the defendant and their liability insurers must notify the Centers for Medicare & Medicaid Services of third-party litigation involving a Medicare beneficiary.
Where Medicare pays some of the expenses, the defendant’s and their liability insurers must notify the Centers for Medicare & Medicaid services of any third/party litigation involving a Medicare beneficiary. See, 42 U.S.C. Section 1395Y(b)(7)(B).
Civil cases
Page 39 | VII. ATTORNEY FEES, COSTS AND LIEN CLAIMS
A Medi-Cal beneficiary or their counsel must report a third-party tort action to DHCS within 30 days after filing the personal injury claim or action.
Regarding Medi-Cal, in California, Welfare and Institutions Code section 14124.73, et. seq. requires the person receiving benefits or their personal representative (counsel) to report a third-party tort action to the Department of Health Care Services (DHCS) within 30 days of filing a personal injury claim or action.
Civil cases
Page 39 | VII. ATTORNEY FEES, COSTS AND LIEN CLAIMS
Plaintiffs’ counsel must notify the victims compensation and government claims board of any legal proceedings or settlement involving the victims of crime program.
Victims of crime program, Plaintiffs’ counsel must notify the victims compensation and government claims board of any legal proceedings or settlement. See, Gov Code Section 13963.
Civil cases
Page 39 | VII. ATTORNEY FEES, COSTS AND LIEN CLAIMS
The client or their attorney must notify the employer or its insurer forthwith after filing a third-party action and before settling, with enough time for the employer to protect its lien.
Worker’s Compensation benefits in California, the client/client’s attorney must notify the employer or employer’s insurer “forthwith” upon filing a third-party action (Labor Code 3853) and provide notice before settling with a third-party tortfeasor in time for the employer to protect its lien. See, Labor Code Section 3860(a).
Civil cases
Page 39 | VII. ATTORNEY FEES, COSTS AND LIEN CLAIMS
For a non-California resident recipient, disbursement must follow court restrictions similar to those in California Probate Code Section 3600 et seq.
If the recipient of the money or property is not a California resident, disbursement must occur pursuant to court restrictions which are similar to those of Section 3600 et. seq.
Civil cases
Page 44 | APPENDIX A — Civil Rule 17.1 Actions Involving Minors or Incompetents
Settlement or judgment proceeds for a minor or incompetent California resident must be paid and disbursed under California Probate Code Section 3600 et seq.
Money or property recovered by a minor or incompetent California resident by settlement or judgment must be paid and disbursed in accordance with California Probate Code Section 3600, et. seq.
Civil cases
Page 44 | APPENDIX A — Civil Rule 17.1 Actions Involving Minors or Incompetents
Federal, state, or local governments that provide medical benefits are entitled to notice of settlement or suit.
Whenever the federal, state or local governments provide medical benefits they typically have statutory rights by subrogation or private right of action to recover these and are entitled to notice.
Civil cases
Page 38 | VIII. NOTICE OF SETTLEMENT (OR SUIT)
Filing Fees and Waivers
The first accounting requires a new state-court petition, for which an initial filing fee applies where applicable.
Filing for the first accounting will be a new petition to the state court and an initial filing fee will apply, where applicable.
Civil cases
Page 17 | 10. Accountings
Sealing & Redaction Procedures
Meet and confer required before sealing documents designated confidential or attorneys’ eyes only.
Where the movant seeks to seal a document because another party designated it “confidential” or “attorneys’ eyes only,” the movant must meet and confer with the designating party prior to filing the motion to determine whether the designating party still maintains that any portion of the document warrants sealing.
Redacted version must be publicly filed if entire document doesn't meet sealing standard.
Unless the entire document satisfies the standard for sealing, a redacted version of the document must be publicly filed on the docket with only those portions of the document appropriately subject to filing under seal redacted.
Do not contact chambers for hearing date on motion to seal; use specific caption language.
Parties are not to contact chambers for a hearing date on a motion to seal. In the motion’s caption, in lieu of a hearing date and time, the caption should instead state: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.
Responses to motions to seal must be filed within 7 days.
Oppositions or notices of non-opposition must be filed within 7 days of the motion to seal’s filing.
Parties must follow CASD ECF Policies for filing sealed documents.
Any party seeking to file documents under seal must comply with the procedures set forth in the CASD ECF Policies & Procedures, including the requirements for lodging the unredacted version of the filing it seeks to seal.
Motion to seal must include description, legal standard, analysis, and supporting affidavits.
Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard; (3) an analysis of why the standard has been satisfied with respect to each proposed redaction; and (4) affidavits or declarations in support of the motion.
Information subject to privilege claims may be presented to court under seal for determination.
the receiving party may promptly present the information to the court under seal for a determination of the claim.
Civil cases
Page 87 | Rule 26(b)(5)
Inadvertent disclosure of privileged information does not waive privilege if reasonable precautions were taken and prompt corrective action follows.
If the disclosure of the privileged information was inadvertent (unintentional), there is no waiver: i. if the privilege holder took reasonable precautions to prevent disclosure; and ii. took reasonably prompt measures to rectify the error.
Civil cases
Page 88 | Waiver of Privilege [FRE 502]
Protective orders must include advance approval requirement before filing sealed documents
Stipulated protective orders in the Southern District of California must include a provision requiring advance approval by the judge hearing the case (or in Judge Moskowitz’ cases, the assigned magistrate judge) before documents can be filed under seal. Appropriate language would be similar to the following: "Nothing shall be filed under seal with the court, and the court shall not be required to take any action, without separate prior order by the Judge before whom the hearing or proceeding will take place, after application by the affected party with appropriate notice to opposing counsel."
Civil cases
Page 189 | c
Confidential settlements require 'good cause' showing and court findings before sealing.
Where the parties indicate that the settlement is “confidential,” they are required to meet the same “good cause” showing and the same analysis and findings by the court must be made before the record can be sealed.
Civil cases
Page 192 | Settlement Agreements
Parties must provide specific document descriptions and affidavits showing good cause to obtain a sealing order.
Parties seeking a sealing order must provide the court with: (1) a specific description of particular documents, or categories of documents, they need to protect; and (2) affidavits showing good cause to protect those documents from disclosure.
Civil cases
Page 195 | Sealing Orders
The Court recommends that parties seeking to seal documents that will be filed in conjunction with sentencing documents, noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents. The original motion to seal and the documents to be sealed should be submitted to chambers for review prior to filing them. This will allow the Court to consider the merits of the motion to seal, and if the motion is denied, allow the parties an opportunity to decide whether to include the documents in the subsequent sentencing document, motion, opposition, or reply. If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.
The Court recommends that parties seeking to seal documents that will be filed in conjunction with sentencing documents, noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents. The original motion to seal and the documents to be sealed should be submitted to chambers for review prior to filing them. This will allow the Court to consider the merits of the motion to seal, and if the motion is denied, allow the parties an opportunity to decide whether to include the documents in the subsequent sentencing document, motion, opposition, or reply. If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.
Criminal cases
Entire pleadings/attachments should not be sealed unless entire document meets sealing standard.
Parties should not seek to file under seal entire pleadings, or entire attachments, unless the party can establish that the entire document satisfies the standard for sealing.
Broad allegations without specifics don't satisfy Rule 26(c) test.
Courts have said that, “[b]road allegations of harm, unsubstantiated by specific examples or articulated reasoning, do not satisfy the Rule 26(c) test[.]”
Civil cases
Page 183 | 4. Showing Good Cause
Party seeking protective order must show good cause with specific need.
The party or person seeking the protective order bears the burden of “good cause.” They must make a clear showing of a particular and specific need for the order.
Civil cases
Page 183 | 4. Showing Good Cause
Embarrassment or minor harm insufficient for sealing.
Embarrassing or only slightly harmful is not a sufficient basis for protection.
Civil cases
Page 183 | 4. Showing Good Cause
Good cause requires showing harm or prejudice from disclosure.
The “need” is typically a showing of the harm or prejudice that would follow disclosure.
Civil cases
Page 183 | 4. Showing Good Cause
Umbrella/blanket protective orders can be challenged as they lack document-by-document review.
Blanket and umbrella orders are inherently subject to challenge since they are issued without the document-by-document particularized showing.
Civil cases
Page 188 | San Jose Mercury News
There is a presumptive right of public access; sealing is limited to documents necessary to protect sensitive information.
There is a presumptive right of public access to court records based upon common law and first amendment grounds. Even where a public right of access exists, such access may be denied by the Court in order to protect sensitive personal or confidential information. The Court may seal documents to protect sensitive information, however, the documents to be filed under seal will be limited by the Court to only those documents, or portions thereof, necessary to protect such sensitive information.
Criminal cases
Trade secrets and confidential commercial information may be protected from disclosure.
order that trade secret or other confidential research, development or commercial information not be revealed or revealed in a designated way
Civil cases
Page 181 | Standard of Review
Court must balance interests even when good cause exists.
However, even if good cause exists, the court must balance the interests in allowing discovery against the relative burdens to the parties and nonparties (i.e., the public).
Civil cases
Page 183 | 4. Showing Good Cause
Rule 26 allows sealing of discovery materials only in limited circumstances.
Under Rule 26, there are limited circumstances and situations where files, materials, or information can be sealed or limited in use.
Civil cases
Page 183 | 4. Showing Good Cause
Judge must review any request to seal records to protect public interest.
The judge is the primary representative of the public interest in the judicial process and is duty-bound therefore to review any request to seal the record (or part of it).
Civil cases
Page 187 | Arthur R. Miller
Umbrella protective orders covering trade secrets or other confidential information are permitted if judge verifies good faith and allows challenges.
There is no objection to an order that allows the parties to keep their trade secrets (or some other properly demarcated category of legitimately confidential information) out of the public record, provided the judge (1) satisfies himself that the parties know what a trade secret is and are acting in good faith in deciding which parts of the record are trade secrets and (2) makes explicit that either party and any interested member of the public can challenge the secreting of particular documents.
Civil cases
Page 187 | Citizens First Nat’l Bank of Princeton
Applying a strong presumption of public access to the documents sealed after review by the court would “surely undermine, and possibly eviscerate, the broad power of the district court to fashion protective orders.”
Applying a strong presumption of public access to the documents sealed after review by the court would “surely undermine, and possibly eviscerate, the broad power of the district court to fashion protective orders.”
Civil cases
Page 188 | Phillips
Protective orders with good cause determination override federal common law right of access.
Where, however, a court grants a protective order having determined good cause to protect particular information from being disclosed, the federal common law right of access does not apply to documents filed under seal for good cause shown.
Civil cases
Page 188 | Corbitt
Parties can either agree on trade secret definition or list specific document categories with harm arguments for protective orders.
The court found the parties had two paths – either agree to an appropriate definition of trade secrets, or list discrete categories of documents by subject matter with supporting arguments showing that the category qualifies as protectable information and the specific competitive harm that was threatened.
Civil cases
Page 188 | Cook Inc. v. Bos. Sci. Corp.
Filing Bundling Requirements
Disclosure process can be altered by stipulation or court order
The disclosure process may be altered by stipulation of the parties or court order.
Civil cases
Page 28 | D. Altering the Disclosure Process by Stipulation
Pre-Motion Conference Requirements
All settlements and compromises must be reviewed by a magistrate judge before any order of approval will issue.
All settlements and compromises must be reviewed by a magistrate judge before any order of approval will issue.
Civil cases
Page 44 | APPENDIX A — Civil Rule 17.1 Actions Involving Minors or Incompetents
Timing of the Rule 26(f) Conference
Timing of the Rule 26(f) Conference
Civil cases
Page 7 | III. RULE 26(f) CONFERENCE
Rule 26(f) conference is mandatory unless excluded.
Mandatory Unless Excluded by the Rule or Court Order.
Civil cases
Page 7 | III. RULE 26(f) CONFERENCE
Who Must Participate.
Who Must Participate.
Civil cases
Page 8 | III. RULE 26(f) CONFERENCE
Format of the Conference.
Format of the Conference.
Civil cases
Page 8 | III. RULE 26(f) CONFERENCE
What Must Be Discussed.
What Must Be Discussed.
Civil cases
Page 9 | III. RULE 26(f) CONFERENCE
After service of the ex parte application, opposing counsel will ordinarily be given an opportunity to respond. If more time is needed, opposing counsel should confer with
After service of the ex parte application, opposing counsel will ordinarily be given an opportunity to respond. If more time is needed, opposing counsel should confer with
Civil cases
Page 14 | D. Expedited (Pre-Answer or Pre-Service) Discovery
In the Southern District of California, counsel should be prepared to discuss any anticipated objections at the Early Neutral Evaluation Conference. The magistrate judge will resolve the issue at that time.
In the Southern District of California, counsel should be prepared to discuss any anticipated objections at the Early Neutral Evaluation Conference. The magistrate judge will resolve the issue at that time.
Civil cases
Page 29 | E. Objections to Initial Disclosure
Rule 26(f) conference must address ESI preservation issues including backup tapes, archival data, and preservation of relevant data going forward.
Second, Rule 26(f) requires parties to discuss any issues relating to preserving discoverable ESI at the Rule 26(f) conference. This is the opportune time to discuss issues related to back up tapes, archival data, legacy data, or de-duplication of data, as well as the preservation of relevant data (e.g., emails) going forward.
Civil cases
Page 65 | B. Early Attention to ESI
Case Management Conference required within 90 days of service (or 60 days of appearance)
The court must schedule a Case Management Conference within 90 days of a defendant being served or within 60 days of a defendant's first appearance. 42 Fed. R. Civ. P. 16(b) This timing is subject to extension in the court's discretion. Case Management Conferences are also required to follow within 30 days of the Early Neutral Evaluation Conference or 60 days after the Early Neutral Evaluation if arbitration or mediation is ordered.
Civil cases
Page 174 | B. Timing of Case Management Conferences
Early Neutral Evaluation Conference required within 45 days of answer (60 days for patent cases)
In the Southern District of California, Local Civil Rule 16.1.c requires an Early Neutral Evaluation Conference within 45 days of the filing of an answer, except in patent cases where the conference is set within 60 days. See Patent L.R.2.1.a. Counsel and parties are required to appear before the magistrate judge supervising the pretrial management of the case for the conference.
Civil cases
Page 174 | A. Timing of Early Neutral Evaluation Conferences
Meet and confer in person or by phone required before discovery motions; certificate of compliance required.
All judges require counsel’s compliance with Local Civil Rule 26.1.a. “The Court will entertain no motion pursuant to Rules 26 through 37, Fed. R. Civ. P., unless counsel will have previously met and conferred concerning all disputed issues.” Id. “If counsel have offices in the same county, they are to meet in person. If counsel have offices in different counties, they are to confer by telephone. Under no circumstances may the parties satisfy the meet and confer requirement by exchanging written correspondence.” Id. (emphasis added). A certificate of compliance regarding the meet and confer must be filed by the moving party concerning the dispute. Local Civil Rule 26.1.b.
Civil cases
Page 177 | C. Meet and Confer Requirement
Failure to meet and confer results in rejection of motion to compel
If you haven’t fully discharged the meet and confer obligation, you cannot succeed, and your application will be rejected out of hand.
Civil cases
Page 179 | G. Motions to Compel
Motions to compel require completing the Rule 26 meet and confer obligation before filing; applications without it will be rejected.
The key in succeeding on a motion to compel is, of course, completing the meet and confer obligation under Rule 26 first. If you haven't fully discharged the meet and confer obligation, you cannot succeed, and your application will be rejected out of hand.
Civil cases
Page 180 | G. Motions to Compel
Motions must be filed 14 calendar days before hearing; oppositions 7 days before.
All motions, except motions in limine and those pertaining to sentencing matters, must be filed at least fourteen (14) calendar days before the hearing date. Opposition briefs must be filed at least seven (7) calendar days before the hearing date.
Criminal cases
Page 2 | IV. PRETRIAL MOTIONS
Motions in Limine are due 14 days before hearing, opposition due 7 days before, no replies permitted.
Motions in Limine: These Motions will be heard 14 days before the trial date unless otherwise set by the Court. Motions are due 14 days before the hearing, with any opposition due 7 days before the hearing, unless otherwise set by the Court. No reply memorandum are to be filed.
Criminal cases
Leave of court required for pre-Rule 26(f) discovery.
Obtaining Leave of Court for Pre-Rule 26(f) Discovery.
Civil cases
Page 2 | II. TIMING AND SEQUENCE OF DISCOVERY
Under the 2015 amendments, the court, may order that before moving for an order relating to discovery, the movant must request a conference with the court. Rule 16(b)(3). Check your Case Management or Scheduling Order in this regard.
Under the 2015 amendments, the court, may order that before moving for an order relating to discovery, the movant must request a conference with the court. Rule 16(b)(3). Check your Case Management or Scheduling Order in this regard.
Civil cases
Page 12 | II. TIMING AND SEQUENCE OF DISCOVERY
Daubert motions should not be filed as in limine motions.
Daubert motions are not appropriate as in limine motions
Civil cases
Page 19 | II. TIMING AND SEQUENCE OF DISCOVERY
Counsel should attempt to confer and resolve the issues first. Counsel should also be mindful of, and adhere to, the rules applicable to depositions.
Counsel should attempt to confer and resolve the issues first. Counsel should also be mindful of, and adhere to, the rules applicable to depositions.
Civil cases
Page 179 | E. Depositions
The parties may consent to magistrate judge jurisdiction to approve the entire settlement under 28 U.S.C. § 636(c).
The parties may also consent to magistrate judge jurisdiction to approve the entire settlement under 28 U.S.C. § 636(c).
Civil cases
Page 44 | APPENDIX A — Civil Rule 17.1 Actions Involving Minors or Incompetents
With district judge approval, the parties may consent to magistrate judge jurisdiction to approve the entire settlement or compromise.
The parties may, with district judge approval consent to magistrate judge jurisdiction under 28 U.S.C. § 636(c) for entry of an order approving the entire settlement or compromise.
Civil cases
Page 44 | APPENDIX A — Civil Rule 17.1 Actions Involving Minors or Incompetents
Patent Local Rules add specific topics to Rule 26(f) conference agenda.
The Southern District’s Patent Local Rules include directives for case proceedings and set various deadlines specific to this type of litigation. As to the Rule 26(f) conference, Patent L.R. 2.1.b adds topics to the Rule 26(f) conference agenda.
Civil cases
Page 19 | II. TIMING AND SEQUENCE OF DISCOVERY
Class actions may limit discovery to class certification issues before hearing.
In class action cases, discussion should include the timing of the motion for class certification, as well as any necessary discovery in that regard. Many courts will limit discovery to class certification issues prior to the class certification hearing and determination and schedule the case accordingly.
Civil cases
Page 19 | II. TIMING AND SEQUENCE OF DISCOVERY
Early resolution of legal issues should be discussed.
Issues of law that should be resolved early in the case schedule.
Civil cases
Page 19 | II. TIMING AND SEQUENCE OF DISCOVERY
Daubert issues may have early deadlines in patent and non-patent cases.
Issues under Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), needing determination pre-trial. Note, a growing number of courts will set a deadline for the determination of Daubert issues well before the trial. In the Southern District of California, this is the case in patent litigation under Patent Local Rule 2.1.a.4. Many of the judges employ the rule in their non-patent cases as well, and this will be reflected in the case management or other scheduling orders.
Civil cases
Page 19 | II. TIMING AND SEQUENCE OF DISCOVERY
ESI issues should be addressed early including search terms, production, preservation, and privilege.
Issues regarding disclosure and discovery of electronically stored information are important to address at this early stage. These issues should include search terms or methods; the form of production; preservation of electronically stored information; review of electronically stored information for privilege; electronically stored information that is not reasonably accessible; and, the assertion of privilege after production and any agreement regarding protecting rights to assert the attorney/client privilege are circumstances of inadvertent disclosure.
Civil cases
Page 20 | II. TIMING AND SEQUENCE OF DISCOVERY
Rule 30(b)(6) witness matters should be discussed early.
The matters for examination of Rule 30(b)(6) witnesses of organization parties. This is now a requirement of Rule30(b)(6), and early attention to the matters of inquiry should help avoid overly long or ambiguously worded lists for examination and inadequately prepared witnesses.
Civil cases
Page 20 | II. TIMING AND SEQUENCE OF DISCOVERY
The formulation of a specific joint discovery plan to be lodged with the court.
The formulation of a specific joint discovery plan to be lodged with the court.
Civil cases
Page 20 | II. TIMING AND SEQUENCE OF DISCOVERY
Keyword searching is costly and inefficient; search terms must be carefully crafted.
Although key word searching has been the accepted standard, the approach has become overly costly and is inefficient with the large increase in ESI that we continue to amass. Where used, search terms are of particular importance. Crafted too narrowly, they will yield little; too broadly, they will yield far more than desired, or appropriate.
Civil cases
Page 20 | II. TIMING AND SEQUENCE OF DISCOVERY
Parties should discuss desired changes to discovery limitations.
Any changes the parties desire in the limitations on discovery (i.e., 10 depositions per side) imposed by the Fed. R. Civ. P. discovery rules.
Civil cases
Page 20 | II. TIMING AND SEQUENCE OF DISCOVERY
ESI must be discussed at Rule 26(f) conference.
Fed. R. Civ. P. 26(f)(3)(c) places ESI on the agenda for the Rule 26(f) conference by adding, “any issues about disclosure, discovery, or preservation of electronically stored information . . ..”
Civil cases
Page 67 | C. Defining the Universe
After receipt, moving and opposing ex parte papers will be reviewed and a decision will be made without a hearing.
After receipt, moving and opposing ex parte papers will be reviewed and a decision will be made without a hearing.
Civil cases
Page 179 | F. Ex Parte Practice
Unopposed ex parte motions may be granted without hearing
Ex parte motions that are not opposed, will be considered unopposed and may be granted on that ground.
Civil cases
Page 179 | F. Ex Parte Practice
Adjournment & Extension Requirements
Continuance requests require 7-day advance notice, meet-and-confer, and detailed declaration
Continuances: Parties must meet and confer to discuss the requested change to any date or deadline before contacting the Court. Requests to continue or reschedule a conference, hearing, briefing schedule, or other date or deadline must be made by a motion filed no less than 7 days prior to the date the parties seek to change and include specific details addressing (1) the original date and proposed date; (2) good cause for the requested change; (3) the number of previous continuances and requests that have been made; (4) whether previous requests were granted or denied; (5) how this request will impact other dates or deadlines, and (6) how the parties fulfilled the Court’s meet-and-confer requirement. Such a motion must be supported by a detailed declaration, explaining the specific reasons and averring that the
Page 5 | IV. Joint Motions
Discovery is stayed until Rule 26(f) conference occurs.
No discovery can occur before the Rule 26(f) conference, unless the case is excluded by the Rule itself, is stipulated otherwise, or unless the court so orders. Fed. R. Civ. P. 26(d).
Civil cases
Page 11 | II. TIMING AND SEQUENCE OF DISCOVERY
Rule 26(f) conference must be held at least 21 days before Rule 16(b) scheduling conference.
The parties can hold the conference at any time they choose, however the Rule 26(f) conference must be held at least 21 days before the court scheduled Rule 16(b) Scheduling Conference.
Civil cases
Page 11 | II. TIMING AND SEQUENCE OF DISCOVERY
Case management schedule may only be modified for good cause with court approval.
The schedule is not to be modified except for good cause and by leave of court. Fed. R. Civ. P. 16(b)(4).
Civil cases
Page 15 | E. Discovery Cut-off Dates
Case management schedule modifications require good cause and judge's consent.
Under Rule 16(b)(4), a case management schedule may be modified only for good cause and with the judge’s consent.
Civil cases
Page 16 | E. Discovery Cut-off Dates
Rule 26(f) conference must occur at least 21 days before Rule 16(b) scheduling conference.
The Rule 26(f) conference must be held at least 21 days before the Rule 16(b) scheduling conference.
Civil cases
Page 16 | III. RULE 26(f) CONFERENCE
Patent L.R. 2.1.a impacts the timing of the Rule 26(f) conference. It requires the Rule 26(f) conference “no later than twenty-one (21) days before the [Early Neutral Evaluation Conference.]”
Patent L.R. 2.1.a impacts the timing of the Rule 26(f) conference. It requires the Rule 26(f) conference “no later than twenty-one (21) days before the [Early Neutral Evaluation Conference.]”
Civil cases
Page 17 | II. TIMING AND SEQUENCE OF DISCOVERY
Initial disclosures must be made within 14 days after Rule 26(f) conference
Disclosures must occur within 14 days after the Rule 26(f) conference, unless the date is changed by stipulation or court order.
Civil cases
Page 27 | B. Timing and Format of Disclosures
Newly added parties must make disclosures within 30 days of service/joinder
Parties added after the Rule 26(f) conference must make their disclosures within 30 days of their service or joinder in the action.
Civil cases
Page 28 | C. Parties Added After the 26(f) Conference
Objections to pretrial disclosures are due 14 days after disclosure.
Written objections to the pretrial disclosures, if any, are due 14 days after the pretrial disclosure. The court may alter the timing for objections.
Civil cases
Page 55 | Written objections to the pretrial disclosures
Objections not set forth [except those pursuant to Rules 402 (relevance) and 403 (prejudice, confusion or waste of time)] are waived unless excused by court for good cause;
Objections not set forth [except those pursuant to Rules 402 (relevance) and 403 (prejudice, confusion or waste of time)] are waived unless excused by court for good cause;
Civil cases
Page 55 | Objections not set forth
Pretrial disclosures are due 21 days before Final Pretrial Conference.
The duty to make the pretrial disclosure will occur approximately 21 days before the Final Pretrial Conference.
Civil cases
Page 56 | The duty to make the pretrial disclosure
Objections to pretrial disclosures are due 14 days after disclosure (7 days before Final Pretrial Conference).
Any objections to pretrial disclosures would be due 14 days thereafter, which is approximately seven (7) days prior to the Final Pretrial Conference.
Civil cases
Page 56 | Any objections to pretrial disclosures
Opposing counsel has until 5:00 PM next business day to respond to ex parte motion
After service of the ex parte motion, opposing counsel will ordinarily be given until 5:00 p.m. on the next business day to respond.
Civil cases
Page 179 | F. Ex Parte Practice
A party may file written objections to a magistrate judge's order within 14 days after being served with a copy. Fed. R. Civ. P. 72(a).
A party may file written objections to a magistrate judge's order within 14 days after being served with a copy. Fed. R. Civ. P. 72(a).
Civil cases
Page 196 | Appealing a Magistrate Judge's Discovery Order
All continuance requests must be made at least 3 court days before the hearing (e.g., a Monday hearing motion must be filed by 5pm the preceding Tuesday); otherwise the request is denied.
Please be advised that all continuance requests must be made no less than 3 court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date. By way of example, a motion to continue a hearing set for Monday must be filed by 5pm on the preceding Tuesday.
Criminal cases
Page 1 | II. CALENDAR
Pre-plea continuance requests require joint/unopposed motion with specific required elements.
Prior to a defendant entering into a plea agreement or other type of case resolution, all continuance requests require a joint or unopposed motion to continue. The Courtroom Deputy may administratively continue sentencing matters where all parties agree, if the case has not been continued twice before, and in no event longer than 60 days from the originally scheduled date. Except as provided above, the Court prefers that continuance requests be made by joint motion prior to the scheduled date, and NOT at the time of the hearing. All joint motions to continue must include: a) the reason(s) for the circumstances warranting the continuance; b) counsel for all parties must sign off on the Joint Motion and acknowledge and accept the next proposed court date in writing; c) in cases where the Speedy Trial Clock is active, all joint motions must address any time that should be excluded under the Speedy Trial Act in the joint motion AND proposed order.
Criminal cases
Page 1 | II. CALENDAR
Before a defendant enters a plea agreement or case resolution, all continuance requests must be made by joint or unopposed motion.
Prior to a defendant entering into a plea agreement or other type of case resolution, all continuance requests require a joint or unopposed motion to continue.
Criminal cases
Page 1 | II. CALENDAR
Continuance requests must be filed at least 3 court days before hearing or will be denied.
All continuance requests must be made no less than 3 court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date. By way of example, a motion to continue a hearing set for Monday must be filed by 5pm on the preceding Tuesday.
Criminal cases
Page 2 | II. CALENDAR
Continuance requests must be made at least 3 court days before a hearing and must include reason, defendant acknowledgment, and proposed new date.
Joint motions to continue must state: a) a reason for the circumstances establishing good cause for the continuance; b) defendants who are not in custody must sign off on the joint motion, acknowledge it, and accept the next court date in writing. Please be advised that all continuance requests must be made no less than 3 court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date. By way of example, a motion to continue a hearing set for Monday must be filed by 5pm on the preceding Tuesday.
Criminal cases
Requests within 7 days must show excusable neglect for untimeliness
Requests made fewer than 7 days prior to the date the party seeks to change must address excusable neglect for the request’s untimeliness.
Page 6 | IV. Joint Motions
Early discovery likely granted for jurisdictional issues, TRO/injunction, evidence preservation, or settlement facilitation.
Relief from the discovery moratorium is likely to occur in the following circumstances: a. Where some limited discovery is needed to address jurisdictional, venue or other issues in conjunction with a Rule 12 motion; b. Where a deposition is urgent in connection with a temporary restraining order or preliminary injunction; c. Where it is necessary to preserve testimony or other evidence; and, d. Where limited discovery would facilitate early settlement.
Civil cases
Page 12 | II. TIMING AND SEQUENCE OF DISCOVERY
Early discovery issues handled by magistrate judges; meet and confer required under Local Rule 26.1.
Issues regarding early discovery are typically handled by magistrate judges. In the Southern District of California, counsel must comply with Local Rule 26.1, the meet and confer requirement, in this regard.
Civil cases
Page 12 | II. TIMING AND SEQUENCE OF DISCOVERY
Rule 30(a)(2) requires the court to grant the request if it is consistent with the benefit versus burden approach set forth in Rule 26(b)(2)(C), which provides, “(iii) the burden or expense of proposed discovery outweighs its likely benefit, taking into account the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues.”
Rule 30(a)(2) requires the court to grant the request if it is consistent with the benefit versus burden approach set forth in Rule 26(b)(2)(C), which provides, “(iii) the burden or expense of proposed discovery outweighs its likely benefit, taking into account the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues.”
Civil cases
Page 12 | II. TIMING AND SEQUENCE OF DISCOVERY
Court may grant early discovery on case-by-case basis.
The court may order discovery before a Rule 26(f) conference on a case-by-case basis. Any party in the case may seek leave of court for early discovery.
Civil cases
Page 12 | II. TIMING AND SEQUENCE OF DISCOVERY
Court has discretion to allow early discovery for good cause.
The court also has discretion to allow discovery prior to the Rule 26(f) conference if other good cause can be established.
Civil cases
Page 12 | II. TIMING AND SEQUENCE OF DISCOVERY
Adequate notice must be “reasonable” under Rule 30(b)(1). Since a party may seek a protective order under Rule 32(a)(5)(A) within 14 days of notice to prevent a deposition from proceeding, a 14-day notice is, by implication, general guidance for what is “reasonable”. However, particular facts and circumstances may warrant a longer period. Note that where documents are requested from a party, 30 days’ notice is required. Fed. R. Civ. P. 30(b)(2) and 34(b)(2)(A).
Adequate notice must be “reasonable” under Rule 30(b)(1). Since a party may seek a protective order under Rule 32(a)(5)(A) within 14 days of notice to prevent a deposition from proceeding, a 14-day notice is, by implication, general guidance for what is “reasonable”. However, particular facts and circumstances may warrant a longer period. Note that where documents are requested from a party, 30 days’ notice is required. Fed. R. Civ. P. 30(b)(2) and 34(b)(2)(A).
Civil cases
Page 140 | II. TIMING AND SEQUENCE OF DISCOVERY
Discovery disputes handled by magistrate judges; objections must be filed within 14 days or right to appeal is waived.
Discovery disputes are handled by magistrate judges pursuant to Local Civil Rule 72.1.b., Fed. R. Civ. P. 72(a) and 28 U.S.C. § 636(b)(1)(A). Discovery rulings are appealable to the district judge assigned to the case. Any objections to the magistrate judge’s orders must be filed within fourteen (14) days of service of the order. A failure to object within this time will waive any right to appeal the order to the Court of Appeals after the disposition of the case is final in the district court. Fed. R. Civ. P. 72(a); McKeever v. Block, 932 F.2d 795 (9th Cir. 1991). The standard of review is whether the magistrate judge’s order is clearly erroneous or contrary to law. Id.
Civil cases
Page 177 | A. Magistrate Judge Jurisdiction
Additional examinations require high showing of good cause.
But a high showing of good cause is generally required for additional examinations.
Civil cases
Courts will generally demand a showing of good cause by the examinee as to why a third-party observer should be allowed.
Courts will generally demand a showing of good cause by the examinee as to why a third-party observer should be allowed.
Civil cases
Attorney may attend psychiatric exam if criminal charges and Fifth Amendment concerns.
A possible exception exists where the examinee’s attorney may be present when the examinee faces criminal charges and there is a concern for protection of the examinee’s Fifth Amendment rights.
Civil cases
Continuance requests must notify Courtroom Deputy at earliest possible time.
A party seeking a continuance of a hearing must notify Judge Battaglia's Courtroom Deputy at the earliest possible time.
Criminal cases
Page 1 | II. CALENDAR
A party seeking a continuance must notify the Courtroom Deputy as soon as possible.
A party seeking a continuance of a hearing must notify Judge Battaglia’s Courtroom Deputy at the earliest possible time.
Criminal cases
Page 1 | II. CALENDAR
Certain cases are exempt from discovery stay requirement.
The cases excluded in Rule 26(a)(1)(E) are exempt from this provision.
Civil cases
Page 11 | II. TIMING AND SEQUENCE OF DISCOVERY
Court can shorten the 21-day period between Rule 26(f) and Case Management Conferences by order.
The court can reduce the time between the Rule 26(f) conference and the Rule 16(b) Case Management Conference to less than 21 days by order.
Civil cases
Page 17 | II. TIMING AND SEQUENCE OF DISCOVERY
Parties can hold Rule 26(f) conference earlier than required without court order.
Nothing prevents the parties, on their own initiative, from convening the Rule 26(f) conference earlier than prescribed by the Rule.
Civil cases
Page 17 | II. TIMING AND SEQUENCE OF DISCOVERY
Court may rule on objections in limine or at another setting.
The court may then rule on the objections in limine or at another setting.
Civil cases
Page 56 | The court may then rule
Court must grant leave for additional depositions if consistent with discovery principles.
Rule 30(a)(2) requires courts grant leave to take additional depositions when consistent with the principles of Rule 26(b)(1) and (2).
Civil cases
Page 119 | I. The 10 Per Side Limit
Court may order multiple concurrent examinations of different types.
The court may order multiple examinations of different types concurrently.
Civil cases
Examinations require court discretion, no numerical limit.
While there is no limit, examinations may be performed only at the court’s discretion.
Civil cases
Chambers Communication Rules
The jury should convene each day at 9:00 a.m. and will be met by a bailiff in the front of the courtroom.
The jury should convene each day at 9:00 a.m. and will be met by a bailiff in the front of the courtroom.
Page 1 | II. TIME SCHEDULE
Jurors cannot leave jury room without bailiff escort.
You may not leave the jury room unless a bailiff comes for you.
Page 1 | I. COMMUNICATIONS WITH THE COURT
All jurors must leave jury room during breaks/lunch.
During breaks and lunch, everyone must leave. No juror is permitted to remain in the jury room alone.
Page 1 | I. COMMUNICATIONS WITH THE COURT
All jury communications with court must be in writing, signed by foreperson, passed through bailiff.
All communications with the Court must be in writing, signed by the foreperson of the jury, and passed to the Judge through one of the bailiffs.
Page 1 | I. COMMUNICATIONS WITH THE COURT
Bailiff knocks 3 times to signal stop deliberations.
When a bailiff responds to your call or needs to contact you for any other reason, they will knock loudly three times on the door. Bailiffs are not permitted to hear any of your deliberations, and this is the indication that you should stop deliberations.
Page 1 | I. COMMUNICATIONS WITH THE COURT
Deliberations end at approximately 4:30 PM.
Deliberations will recess for the day at around 4:30 p.m.
Page 1 | II. TIME SCHEDULE
Before or promptly after the notice or subpoena is served, the serving party and the organization must confer in good faith about the matters for examination.
Before or promptly after the notice or subpoena is served, the serving party and the organization must confer in good faith about the matters for examination.
Civil cases
Page 120 | J. Depositions of an Organization
Counsel must discuss Rule 26(f) conference, initial disclosures, and discovery plan at Early Neutral Evaluation Conference
Counsel must be prepared to discuss the following at the Early Neutral Evaluation Conference: Setting the Rule 26(f) conference; Objections to initial disclosure provisions of Rule 26; Format of the Rule 26 conference (i.e., in person or telephonic); The scheduling of the initial disclosure date; The filing date for a discovery plan;
Civil cases
Page 175 | C. Expanded Scope of the Early Neutral Evaluation Conference
Rule 26(f) conference within 24 days, discovery plan within 14 days, Case Management Conference within 45 days of Early Neutral Evaluation Conference
The parties can expect to leave the Early Neutral Evaluation Conference with Rule 26 compliance dates or deadlines. The timing of the typical case required by Rules 16(b) and 26, respectively, will generally lead to the setting of the following dates: a. A Rule 26(f) conference no more than 24 days following the Early Neutral Evaluation Conference; b. Disclosure deadline in the filing of a discovery plan within 14 days of the Rule 26(f) meeting, and, c. A Case Management Conference 21 days following the Rule 26(f) conference (45 days after the Early Neutral Evaluation Conference).
Civil cases
Page 176 | C. Expanded Scope of the Early Neutral Evaluation Conference
Must contact opposing party before filing ex parte motion
“[b]efore filing an ex parte motion, counsel must contact the opposing party
Civil cases
Page 179 | F. Ex Parte Practice
Counsel should attempt to confer and resolve the issues first.
Counsel should attempt to confer and resolve the issues first.
Civil cases
Page 179 | E. Depositions
Ex parte motions must be served on opposing counsel
Any ex parte motion filed with the Court must be served on opposing counsel via facsimile, electronic mail with return receipt requested, or overnight mail.
Civil cases
Page 179 | F. Ex Parte Practice
All proposed orders and other documents submitted to the Court should be emailed to efile_Battaglia@casd.uscourts.gov in Microsoft Word or Adobe PDF format. Documents submitted in Word Perfect will be rejected by the Court.
All proposed orders and other documents submitted to the Court should be emailed to efile_Battaglia@casd.uscourts.gov in Microsoft Word or Adobe PDF format. Documents submitted in Word Perfect will be rejected by the Court.
Criminal cases
Page 1 | Introduction
Any change in starting time should be discussed with the Bailiff in advance.
Any change in starting time should be discussed with the Bailiff in advance.
Page 1 | II. TIME SCHEDULE
If no response in 10-15 minutes, buzz again.
If there is no response within ten to fifteen minutes, you should buzz again.
Page 1 | I. COMMUNICATIONS WITH THE COURT
Opposing counsel must call law clerk to request extension
If more time is needed, opposing counsel must call the law clerk to modify the schedule.
Civil cases
Page 179 | F. Ex Parte Practice
Ex parte communications with chambers are limited to routine case management matters only.
These communications must be limited to routine matters of case management (e.g., getting a hearing date) and not discussion on the merits of any substantive issues.
Civil cases
Page 179 | F. Ex Parte Practice
Counsel should contact the CRD for details and instructions and to schedule a preview of the equipment.
Counsel should contact the CRD for details and instructions and to schedule a preview of the equipment.
Page 12 | X. Use of Electronic Equipment in the Courtroom
Counsel should contact CRD with questions about other equipment.
Counsel should contact the CRD with any questions regarding the use of any other equipment not provided for by the Court.
Page 12 | X. Use of Electronic Equipment in the Courtroom
Jurors may take 1-hour lunch break at discretion.
You may take a one hour lunch break at around noon, at your discretion.
Page 1 | II. TIME SCHEDULE
If a jury note requires the attendance of the attorneys and parties, it may take some time for everyone to return. Therefore, you should continue your deliberations while waiting for an answer to the note.
If a jury note requires the attendance of the attorneys and parties, it may take some time for everyone to return. Therefore, you should continue your deliberations while waiting for an answer to the note.
Page 1 | I. COMMUNICATIONS WITH THE COURT
Press buzzer when ready for break/lunch/end of day.
When you are ready for a break, for lunch or to leave at the end of the day, please press the buzzer and a bailiff will arrive to escort you out of the courtroom.
Page 1 | II. TIME SCHEDULE
Jurors may take 15-minute breaks at discretion.
You may have a morning and an afternoon break (fifteen minutes each) at your discretion.
Page 1 | II. TIME SCHEDULE
Contact bailiff by pushing wall button for 1-2 seconds.
To contact a bailiff, push the button on the wall for one to two seconds. A buzzer is located in the Judge’s chambers and a bailiff will respond as soon as possible.
Page 1 | I. COMMUNICATIONS WITH THE COURT
Early Neutral Evaluation Conference coordinates Rule 26 compliance
The magistrate judges of the Southern District of California believe that the Early Neutral Evaluation Conference will be an opportune time to help the parties coordinate their compliance with Rule 26 disclosures and the Rule 26(f) conference.
Civil cases
Page 175 | C. Expanded Scope of the Early Neutral Evaluation Conference
If the Court requires a hearing, the parties will be contacted to set a date and time.
If the Court requires a hearing, the parties will be contacted to set a date and time.
Civil cases
Page 179 | F. Ex Parte Practice
Chamber rules specify ex parte motion procedures
Most judges follow a similar procedure, and these are often specified in chamber’s rules. For example, Judge Battaglia’s chamber’s rules require “[b]efore filing an ex parte motion, counsel must contact the opposing party
Civil cases
Page 179 | F. Ex Parte Practice
Attendance at court-ordered exams is at court’s discretion.
Rule 35 is silent on who may attend a court ordered examination. As a result, that determination is left to the court’s discretion.
Civil cases
Examinee’s physician may attend medical exam at court’s discretion.
The examinee’s own physician may be permitted to attend, at the court’s discretion, if the examinee so desires.
Civil cases
Criminal matters are heard on Mondays.
Criminal matters are heard on Mondays, unless otherwise scheduled by the Court.
Criminal cases
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Matters submitted Friday will be considered the following Monday.
As a senior District Judge, Judge Battaglia will not be available on Fridays. All matters submitted on Friday will be considered the following Monday after the calendar matters for the day are addressed.
Criminal cases
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