Judge Guillermo Cabrera
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- Upon request
Adjournments
- Deposition disputes require immediate meet and confer, then call chambers if unresolved
- Deadlines cannot be extended by stipulation; requires leave of court with good cause
- Requests to modify deadlines must be made via a single motion signed by all counsel (except pro se), stating good cause and opposition basis; same-day motions are denied unless unavoidable.
- +1 more
Request must include
- Discovery disputes must be initiated within 30 days of triggering event
Communication
Chambers
Document Format Requirements1 rule
should be free of any attorney names, firm names, document management numbers or insignia in the caption, margins or footer.
Document Filing Requirements5 rules
Plea documents must be lodged by noon day before hearing
The parties must lodge all plea-related documents no later than noon the day before any change of plea hearing. Where plea-related documents are not timely lodged, the change of plea will be taken off calendar and rescheduled for another day.
DocumentPlea Document
Emails to chambers requesting discovery dispute conferences must include 3 agreed dates, neutral dispute statement, and one sentence per party position.
After meet and confer attempts have been exhausted, the movant must e-mail chambers at efile_cabrera@casd.uscourts.gov seeking a conference to discuss the discovery dispute. The email must include: (1) at least three proposed dates and times mutually agreed upon by the parties for the conference; (2) a neutral statement of the dispute; and (3) one sentence describing (not arguing) each party’s position. The movant must copy all counsel on the email.
Protective orders differing from the model must include an explanation of changes and a redlined copy highlighting changes.
If the parties jointly seek a protective order that differs from his model protective order, the joint motion must explain the basis for the proposed changes, and the parties must attach to the joint motion a redlined copy of the proposed protective order highlighting the changes.
DocumentProtective Order
Where briefing has been ordered by the Court, counsel should attach only those exhibits that are necessary to the resolution of the parties’ dispute. Generally speaking, this does not include counsel’s meet-and-confer correspondence.
The Notice of Settlement can be filed jointly or by the plaintiff.
DocumentNotice Of Settlement
Filing & Service rules
Electronic Filing Rules
Parties must email a Word copy of the proposed protective order to efile_cabrera@casd.uscourts.gov.
The parties must email a copy of the proposed protective order in Word format to efile_cabrera@casd.uscourts.gov.
Page 3 | F. Protective Orders
All proposed orders should be submitted by email (efile_cabrera@casd.uscourts.gov) in Word format
All proposed orders should be submitted by email (efile_cabrera@casd.uscourts.gov) in Word format
Page 4 | J. Chambers Copies and Proposed Orders
Filing Timing and Cure Windows
Plea-related documents must be lodged by noon the day before change of plea hearing, or the hearing is rescheduled.
The parties must lodge all plea-related documents no later than noon the day before any change of plea hearing. Where plea-related documents are not timely lodged, the change of plea will be taken off calendar and rescheduled for another day.
Page 1 | III. Criminal Rules
Discovery dispute procedures must be initiated within 30 days of the triggering event (deposition date or written discovery response date).
The parties must initiate the procedure described in section C above within 30 days of the event giving rise to the dispute. For disputes regarding depositions, the event giving rise to the dispute is the date of the deposition in which the dispute arose. For disputes regarding written discovery, the event giving rise to the dispute is the date the initial response was served, or, if a party fails to respond, the date the response was due.
Page 2 | D. Timing For Raising Discovery Disputes
Where the party requesting sealing is not the designating party (i.e., the request to seal is made because another party has designated information “confidential”), the designating party must file a joinder in the motion to seal within five business days of service and must make the required showing that the information is protectable under the law.
Where the party requesting sealing is not the designating party (i.e., the request to seal is made because another party has designated information “confidential”), the designating party must file a joinder in the motion to seal within five business days of service and must make the required showing that the information is protectable under the law.
Page 3 | G. Motions to Seal
Oppositions to motions to seal must be filed within 5 business days of service.
Any opposition to a motion to seal must also be filed within five business days of service.
Page 3 | G. Motions to Seal
Service and Proof of Service Rules
Motions to seal must be served on the document custodian if they have not appeared in the case.
Any motion to file a document under seal must be served on the person or entity that has custody and control of the document, if that person or entity has not already appeared in the action.
Page 3 | G. Motions to Seal
Courtesy Copy Requirements
Courtesy copies are not required unless requested by the Court.
Chambers (courtesy) copies of motions, exhibits and lodgments are not required unless specifically requested by the Court.
Page 4 | J. Chambers Copies and Proposed Orders
Sealing & Redaction Procedures
Motions to seal must include a specific showing that the material is legally protectable.
The public enjoys a presumptive right of access to court records, and any motion to file information under seal must be supported by a specific showing that the material is protectable under the law.
Page 3 | G. Motions to Seal
After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the “Sealed Lodged Proposed Document” event pursuant to ECF Manual Section 2(j). If the moving party seeks to seal an entire document, it should lodge the document in full. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the proposed redactions highlighted in yellow for the Court’s consideration. 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. The party moving to seal must also file a “public” version of the document(s) it seeks to file under seal. The public version should be a slip sheet for a document proposed to be sealed entirely or a document with the proposed sealed information redacted.
After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the “Sealed Lodged Proposed Document” event pursuant to ECF Manual Section 2(j). If the moving party seeks to seal an entire document, it should lodge the document in full. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the proposed redactions highlighted in yellow for the Court’s consideration. 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. The party moving to seal must also file a “public” version of the document(s) it seeks to file under seal. The public version should be a slip sheet for a document proposed to be sealed entirely or a document with the proposed sealed information redacted.
Page 3 | G. Motions to Seal
Filing Bundling Requirements
Motions to extend, amend, continue, or vacate deadlines must be filed as a single motion regardless of party agreement.
The motion must be brought as a single motion, whether or not the parties are in agreement
Page 3 | General Rules
Stipulated protective orders must be filed as a joint motion.
All stipulated protective orders must be filed as a joint motion.
Page 3 | F. Protective Orders
Pre-Motion Conference Requirements
Discovery motion filing prohibited until pre-motion conference unless leave granted
No discovery motion may be filed until the Court has conducted its pre-motion conference unless the movant has obtained leave of Court.
Meet and confer required before bringing matters to court, in person or videoconference
Before bringing any matter to the Court for resolution, lead counsel (or attorneys with full authority to make decisions on the matter in dispute) must promptly meet and confer. If the matter is subject to Civil Local Rule 26.1.a, the parties must meet and confer “concerning all disputed issues.” The meet and confer must occur in person or by videoconference. Under no circumstances may a meet and confer occur entirely through written correspondence.
Discovery motions may not be filed until pre-motion conference is held, unless leave of court is obtained.
No discovery motion may be filed until the Court has conducted its pre-motion conference unless the movant has obtained leave of Court.
Page 2 | C. Other Discovery Disputes
Deposition disputes require immediate meet and confer; unresolved disputes may be brought to chambers for ruling, with follow-up required if judge is unavailable.
If a dispute arises during a deposition, the parties must suspend the deposition and immediately meet and confer. If the dispute is not resolved after meeting and conferring, the parties may call chambers for an immediate ruling on the dispute. If Judge Cabrera is available, he will either rule on the dispute or give instructions on how to proceed. If Judge Cabrera is not available, the parties must mark the deposition at the point of the dispute and continue with the deposition. Upon completion of the deposition, the parties must once again meet and confer and, if the dispute is still not resolved, follow the procedures set out in sections C and D below.
Page 2 | B. Disputes During Depositions
Lead counsel must promptly meet and confer in person or videoconference before bringing any matter to court; written-only meet and confer is prohibited.
Before bringing any matter to the Court for resolution, lead counsel (or attorneys with full authority to make decisions on the matter in dispute) must promptly meet and confer. If the matter is subject to Civil Local Rule 26.1.a, the parties must meet and confer “concerning all disputed issues.” The meet and confer must occur in person or by videoconference. Under no circumstances may a meet and confer occur entirely through written correspondence.
Page 2 | A. Meet and Confer Requirement
Adjournment & Extension Requirements
Discovery disputes must be initiated within 30 days of triggering event
The parties must initiate the procedure described in section C above within 30 days of the event giving rise to the dispute. For disputes regarding depositions, the event giving rise to the dispute is the date of the deposition in which the dispute arose. For disputes regarding written discovery, the event giving rise to the dispute is the date the initial response was served, or, if a party fails to respond, the date the response was due.
Deposition disputes require immediate meet and confer, then call chambers if unresolved
If a dispute arises during a deposition, the parties must suspend the deposition and immediately meet and confer. If the dispute is not resolved after meeting and conferring, the parties may call chambers for an immediate ruling on the dispute. If Judge Cabrera is available, he will either rule on the dispute or give instructions on how to proceed. When leaving a voicemail with chambers, provide the case number and contact information for someone at the deposition so the Court can return the call, if possible, shortly thereafter. If Judge Cabrera is not available, the parties must mark the deposition at the point of the dispute and continue with the deposition. Upon completion of the deposition, the parties must once again meet and confer and, if the dispute is still not resolved, follow the procedures set out in sections C and D below.
Extensions of discovery dispute deadlines require leave of court and good cause; unilateral extensions by stipulation or amended responses are prohibited.
The parties may not unilaterally extend these deadlines by stipulation or by service of amended or supplemental responses. Any extension requires leave of Court upon a showing of good cause.
Page 2 | D. Timing For Raising Discovery Disputes
Requests to modify deadlines must be made via a single motion signed by all counsel (except pro se), stating good cause and opposition basis; same-day motions are denied unless unavoidable.
Requests to extend, amend, continue, or vacate dates and deadlines must be made by motion. The motion must be brought as a single motion, whether or not the parties are in agreement, and signed by all counsel, except in cases involving pro se litigants. The motion must state good cause for the extension and the basis for any party’s opposition (if opposed). Motions filed on the date of the deadline sought to be modified will be denied unless it is apparent on the face of the motion that the request could not have been made earlier for reasons not within counsel’s control.
Page 3 | General Rules
Deadlines cannot be extended by stipulation; requires leave of court with good cause
The parties may not unilaterally extend these deadlines by stipulation or by service of amended or supplemental responses. Any extension requires leave of Court upon a showing of good cause.
Chambers Communication Rules
Letters to chambers are prohibited except as specified
Letters to chambers are prohibited, except as set forth in these Rules, the Local Rules, or otherwise requested by the Court.
Discovery dispute email must include 3 proposed dates, neutral statement, and one-sentence positions
After meet and confer attempts have been exhausted, the movant must e-mail chambers at efile_cabrera@casd.uscourts.gov seeking a conference to discuss the discovery dispute. The email must include: (1) at least three proposed dates and times mutually agreed upon by the parties for the conference; (2) a neutral statement of the dispute; and (3) one sentence describing (not arguing) each party’s position. The movant must copy all counsel on the email.
Emails to chambers are only permitted for scheduling/calendaring or discovery disputes; court personnel cannot give legal advice or discuss case merits.
Telephone calls and emails to chambers are permitted only for administrative matters such as scheduling and calendaring, and to bring discovery disputes to the Court’s attention pursuant to these Rules. Court personnel are prohibited from giving legal advice or discussing the merits of a case. Only counsel with knowledge of the case should contact chambers. Contacting chambers is a privilege and, if abused, may be limited by the Court.
Page 1 | I. General Rules
Letters to chambers are prohibited, except as set forth in these Rules, the Local Rules, or otherwise requested by the Court.
Letters to chambers are prohibited, except as set forth in these Rules, the Local Rules, or otherwise requested by the Court.
Page 1 | I. General Rules
Movants must email chambers to request discovery dispute conference, including required content and copying all counsel.
After meet and confer attempts have been exhausted, the movant must e-mail chambers at efile_cabrera@casd.uscourts.gov seeking a conference to discuss the discovery dispute. The email must include: (1) at least three proposed dates and times mutually agreed upon by the parties for the conference; (2) a neutral statement of the dispute; and (3) one sentence describing (not arguing) each party’s position. The movant must copy all counsel on the email.
Page 2 | C. Other Discovery Disputes
Counsel must promptly email chambers about settlements and file a Notice of Settlement.
If the parties reach a settlement outside the presence of the Court, counsel must promptly email chambers at efile_cabrera@casd.uscourts.gov to advise of the settlement and file a Notice of Settlement.
Page 4 | I. Notification of Case Resolution
Chambers communication limited to administrative matters and discovery disputes
Telephone calls and emails to chambers are permitted only for administrative matters such as scheduling and calendaring, and to bring discovery disputes to the Court's attention pursuant to these Rules.
Chambers must not be called to request hearing dates; hearing dates are not provided in advance of filing.
For all other motions not explicitly addressed by these Rules or the Local Rules, including ex parte motions, please be aware that the Court does not provide hearing dates or briefing schedules in advance of filing. Please do not call chambers to request a hearing date.
Page 4 | General Motion Rules
Contact courtroom deputy Erica Fry via email for questions about criminal matters.
For questions about criminal matters, please contact courtroom deputy Erica Fry at Erica_Fry@casd.uscourts.gov or (619) 557-2923.
Page 1 | I. General Rules
Contact chambers via email for civil matter questions (excluding transcript requests).
For questions about civil matters (other than transcript requests), please contact Judge Cabrera’s chambers at efile_cabrera@casd.uscourts.gov or (619) 446-3965.
Page 1 | I. General Rules
Contact Noemy Martinez via email for transcript requests.
For transcript requests, please contact Noemy Martinez at Noemy_Martinez@casd.uscourts.gov or (619) 557-7310.
Page 1 | I. General Rules
Parties may call chambers via phone for immediate ruling on unresolved deposition disputes post-meet and confer.
If the dispute is not resolved after meeting and conferring, the parties may call chambers for an immediate ruling on the dispute.
Page 2 | B. Disputes During Depositions
Junior Lawyer Participation Incentives
The Court encourages parties to contribute to the development of the bar by permitting less experienced lawyers to argue matters before the Court. The Court may in its discretion hold a hearing on any motion where a party notifies the Court in advance that a lawyer with fewer than 5 years of experience will argue on behalf of the party. Any lawyer with less than 5 years of experience should contact Chambers if they would like to argue a particular motion.
The Court encourages parties to contribute to the development of the bar by permitting less experienced lawyers to argue matters before the Court. The Court may in its discretion hold a hearing on any motion where a party notifies the Court in advance that a lawyer with fewer than 5 years of experience will argue on behalf of the party. Any lawyer with less than 5 years of experience should contact Chambers if they would like to argue a particular motion.
Page 4 | K. Lawyer Development
