Judge Anthony J. Battaglia
Individual Rules, Standing Orders & Policies
Adjournments
Must Include
- 1Original Date
- 2Proposed New Dates
- 3Good Cause
- 4Number Of Previous Requests
- 5Previous Requests Granted Or Denied
- 6Affects Other Dates
- 7Meet And Confer
Must Include
- 1Meet And Confer
- 2Benefit Vs Burden Analysis
- 3Reason For Request
- 4Affects Other Dates
- 5Proposed New Dates
- 6Good Cause
- 7Criminal Charges
- 8Fifth Amendment Concerns
- 9Non Custody Defendant Sign Off
- 10Party Sign Off
- 11Speedy Trial Exclusions
- 12Waiver Of Late Submissions
- 13Proposed Rescheduled Date
- 14Adversary Position
- 15Number Of Previous Requests
Must Include
- 1Reason For Request
- 2Proposed New Dates
Must Include
- 1Reason For Request
- 2Proposed New Dates
Must Include
- 1Reason For Request
- 2Proposed New Dates
Must Include
- 1Reason For Request
- 2Proposed New Dates
Must Include
- 1Reason For Request
- 2Proposed Rescheduled Date
- 3Proposed New Dates
- 4Adversary Position
Communication
Intake Unit
Letter Ecf
Chambers
Other
Chambers
Conference
Organization
In Person
Chambers
Phone
Chambers
Chambers
Detailed Drafting Rules
Counsel must contact CRD for equipment details and preview scheduling.
Counsel should contact the CRD for details and instructions and to schedule a preview of the equipment.
Direct to: Intake Unit
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.
Direct to: Intake Unit
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.
Letter via ECF
Direct to: Chambers
- Status Inquiries
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.
Other
Direct to: Chambers
If no response in 10-15 minutes, buzz again.
If there is no response within ten to fifteen minutes, you should buzz again.
Other
Direct to: Chambers
- Hours9:00 AM - 4:30 PM
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.
Other
Direct to: Chambers
Continue deliberations while waiting for attorney response to jury 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.
Letter via ECF
Direct to: Chambers
Jurors cannot leave jury room without bailiff escort.
You may not leave the jury room unless a bailiff comes for you.
Other
Direct to: Chambers
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.
Other
Direct to: Chambers
Jury must convene at 9:00 AM daily, met by bailiff.
The jury should convene each day at 9:00 a.m. and will be met by a bailiff in the front of the courtroom.
Other
Direct to: Chambers
Changes to start time must be discussed with bailiff in advance.
Any change in starting time should be discussed with the Bailiff in advance.
Other
Direct to: Chambers
Jurors may take 15-minute breaks at discretion.
You may have a morning and an afternoon break (fifteen minutes each) at your discretion.
Other
Direct to: Chambers
Jurors may take 1-hour lunch break at discretion.
You may take a one hour lunch break at around noon, at your discretion.
Other
Direct to: Chambers
Deliberations end at approximately 4:30 PM.
Deliberations will recess for the day at around 4:30 p.m.
Other
Direct to: Chambers
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.
Other
Direct to: Chambers
Good faith conference required before or after serving notice for Rule 30(b)(6) depositions.
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.
Conference
Direct to: Organization
- Timingbefore_or_promptly_after_serving_notice
Witness must ask deposing counsel for clarifications during depositions
At the beginning of the deposition, deposing counsel shall instruct the witness to ask deposing counsel, rather than the witness’ own counsel, for clarifications, definitions, or explanations of any words, questions, or documents presented during the deposition. The witness shall abide by these instructions;
Document Type
Deposition
At the beginning of the deposition, deposing counsel shall instruct the witness to ask deposing counsel, rather than the witness’ own counsel, for clarifications, definitions, or explanations of any words, questions, or documents presented during the deposition. The witness shall abide by these instructions;
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.
Direct to: Chambers
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.
Direct to: Chambers
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.
In Person
Direct to: Chambers
- Advance Notice Requiredmust be prepared to discuss Rule 26 compliance
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;
In Person
Direct to: Chambers
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 Rule 26(f) conference no more than 24 days following the Early Neutral Evaluation Conference; Disclosure deadline in the filing of a discovery plan within 14 days of the Rule 26(f) meeting, and, A Case Management Conference 21 days following the Rule 26(f) conference (45 days after the Early Neutral Evaluation Conference).
In Person
Direct to: Chambers
Must contact opposing party before filing ex parte motion
Before filing an ex parte motion, counsel must contact the opposing party
Other
- Status Inquiries
Counsel must attempt to confer before seeking court assistance
Counsel should attempt to confer and resolve the issues first.
Other
- Status Inquiries
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
Other
- Status Inquiries
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.
- Status Inquiries
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.
Phone
Direct to: Chambers
- Status Inquiries
Court will contact parties to schedule hearing if needed
If the Court requires a hearing, the parties will be contacted to set a date and time.
Other
Direct to: Chambers
- Status Inquiries
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.
Phone
Direct to: Chambers
- Status Inquiries