Judge Michelle M. Pettit
Individual Rules, Standing Orders & Policies
- Rules last changed:
Adjournments
- Continuance requests must include 6 specific elements: original date, previous requests, good cause, opposition, impact on other dates, and counsel declaration.
- Motions filed on deadline date are denied unless emergency circumstances are apparent.
- Meet and confer required before filing scheduling order amendment motions.
- +6 more
Request must include
- Scheduling order amendments must be filed at least 7 calendar days before affected dates.
- Continuance requests must be filed as joint motions at least 7 calendar days before the affected date.
- Discovery disputes must be raised within 30 calendar days of service or deposition completion.
- Failure to respond to meet and confer request for 3+ business days allows contacting Chambers for pre-motion conference.
Communication
Chambers
Phone
Chambers
Document Filing Requirements13 rules
The parties should consider and discuss the following: The scope of any litigation hold, including, but not limited to, a description of information sources to be preserved, date ranges for any ESI to be preserved, and names, job titles, or descriptions of custodians for whom ESI will be preserved;
Whether certain categories of ESI need not be reviewed, preserved or produced because they are inaccessible, burdensome, not proportional, or unlikely to yield relevant information;
Location of systems in which potentially discoverable information is stored.
The parties should discuss whether a protective order is necessary prior to exchanging information in discovery and the timing for submitting a proposed order to the Court.
Attorneys and pro se litigants should review the topics set forth in this Checklist at the initial conference required under Fed. R. Civ. P. 26(f).
Any disputes related to the scope or manner of preservation;
Whether to continue any automatic destruction program, such as ongoing erasures of e-mails, voicemails, videos, or other electronically stored material;
The parties should confirm that they are preserving relevant evidence, including electronically stored information ("ESI"), and that proper litigation holds are in place.
The parties should discuss what search methodologies will be used to identify responsive ESI, including the use of search terms, technology assisted review ("TAR"), or Generative Artificial Intelligence ("GenAI") tools, and how those
The parties should discuss the sources of relevant information, including corporate and personal accounts, and disclose all software and applications that are used to generate, manage, and store that information.
Discovery motions must include declaration of meet and confer, exact request/response, and explanation with legal authority.
- Document
- Discovery motion
Must include
- •Legal argument
Court's wording
Any discovery motion must include: 1. A declaration from lead trial counsel establishing compliance with the in-person or videoconference meet and confer requirement; 2. The exact wording of the discovery request and response in dispute; and 3. An explanation as to why the response is inadequate, precisely what additional information the moving party is seeking including any offers to narrow the request, and the legal authority supporting the motion.
Proposed Orders: All proposed orders should be submitted by email (efile_Pettit@casd.uscourts.gov) in Word format and should be free of any attorney names, firm names, document management numbers, or insignia in the caption, margins, or footer.
The parties should be wary of applying too narrow a definition of what constitutes relevant ESI, since a miscalculation could lead to the permanent loss of relevant information.
Filing & Service rules
Sealing & Redaction Procedures
Lodging proposed protective orders in Word format by email to efile_Pettit@casd.uscourts.gov.
The parties must also lodge the proposed protective order in Word format by email to efile_Pettit@casd.uscourts.gov.
Civil cases
Page 9 | XII. PROTECTIVE ORDERS
Designating parties must file joinder within 4 business days and show protectability; confidentiality designation alone insufficient.
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 four business days of service and must make the required showing that the information is protectable under the law. The fact that the information or document has been designated confidential pursuant to a stipulated protective order, standing alone, is not a sufficient basis for sealing.
Civil cases
Page 9 | XIII. FILING DOCUMENTS UNDER SEAL
Sealing requests must comply with Civil Local Rule 79.2 and ECF Manual Section 2.j.
The party seeking to file a document under seal must comply with Civil Local Rule 79.2 and Section 2.j of the ECF Manual.
Civil cases
Page 9 | XIII. FILING DOCUMENTS UNDER SEAL
Protective orders must include specific provisions for sealing documents and service requirements.
All stipulated protective orders must be filed as a joint motion and contain the following provisions: 1. No document shall be filed under seal unless counsel secures a court order allowing the filing of a document, or portion thereof, under seal. An application to file a document under seal shall be served on opposing counsel and on the person or entity who has custody and control of the document, if different from opposing counsel. If opposing counsel, or the person or entity who has custody and control of the document, wishes to oppose the application, they must contact the chambers of the judge who will rule on the application to notify the Court that an opposition to the application will be filed.
Civil cases
Page 9 | XII. PROTECTIVE ORDERS
Opposition to sealing motions must be filed within 4 business days of service.
Any opposition to a motion to seal must also be filed within four business days of service.
Civil cases
Page 9 | XIII. FILING DOCUMENTS UNDER SEAL
Joint motions for non-model protective orders must include explanation and redlined changes.
If the parties jointly seek a protective order that differs from Judge Pettit's model 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 showing any changes from Judge Pettit's model.
Civil cases
Page 9 | XII. PROTECTIVE ORDERS
Strong presumption of public access; sealing requires specific justification beyond generic competitive harm.
There is a presumptive right of public access to court records based upon common law and the First Amendment. The Court will scrutinize any request to file information under seal, and a request will only be granted if a specific showing is made that justifies sealing. Generic and vague references to “competitive harm” will almost always be insufficient to justify sealing.
Civil cases
Page 9 | XIII. FILING DOCUMENTS UNDER SEAL
Use Judge Pettit's model protective order available on court website.
The Court encourages use of Judge Pettit's model protective order, which is available on Judge Pettit's page on the Court's website available at https://www.casd.uscourts.gov/Judges/Judge-Info.aspx.
Civil cases
Page 9 | XII. PROTECTIVE ORDERS
Pre-Motion Conference Requirements
Mandatory meet and confer required before bringing any matter to court
Prior to 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 to discuss thoroughly the substance of each issue in dispute and any potential resolution of that issue.
Civil cases
Page 2 | III. MEET AND CONFER REQUIREMENT
Motion notice must include meet and confer statement with date and format
In any notice of motion filed with the Court, counsel for the moving party must include a statement to the following effect: “This motion is made following the conference of counsel that took place [in person/ via videoconference] on [date].”
Civil cases
Page 2 | III. MEET AND CONFER REQUIREMENT
Strict compliance required with meet and confer requirement
The Court expects strict compliance with this meet and confer requirement when “meet and confer” is referenced below.
Civil cases
Page 2 | III. MEET AND CONFER REQUIREMENT
Discovery conference email to Chambers must include 3 proposed times, neutral dispute statement, parties' positions, and key authorities.
After meet and confer attempts have failed, the movant must email Chambers at efile_Pettit@casd.uscourts.gov seeking a conference with the Court to discuss the discovery dispute. The email must include: (1) at least three proposed times mutually agreed upon by the parties for the telephonic conference; (2) a neutral statement of the dispute; (3) one to two sentences describing (not arguing) each parties' position; and (4) a list of key authorities, if any, the parties believe are potentially dispositive of the dispute
Civil cases
Page 7 | B. Discovery Conference
Discovery motions require Court leave, typically granted after pre-motion conference.
No discovery motion may be filed unless the movant has obtained leave of Court, which will not normally be authorized until after a pre-motion conference. The Court may strike any discovery motion filed without complying with this process.
Civil cases
Page 7 | B. Discovery Conference
Discovery hearings are rare; disputes resolved on pleadings without oral argument unless notified otherwise.
The Court rarely conducts discovery hearings. Discovery disputes will be resolved on the filed pleadings without oral argument unless the parties are notified the Court will hear oral argument.
Civil cases
Page 8 | F. Discovery Hearings
Discovery motions require advance Court permission and expedited briefing.
A motion seeking to resolve a discovery dispute requires advance permission from the Court. If leave of Court is granted, the Court will issue a briefing schedule, often on an expedited basis, as the Court believes it is important to resolve their motion and opposition in a shortened time frame.
Civil cases
Page 8 | E. Discovery Motions
Adjournment & Extension Requirements
Motions filed on deadline date are denied unless emergency circumstances are apparent.
Any 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 the request could not have been made earlier for reasons not within counsel's control.
Civil cases
Page 5 | VIII. REQUESTS FOR CONTINUANCES, ETC.
Untimely scheduling motions must show excusable neglect.
Any motion filed fewer than seven calendar days in advance of the dates and deadlines at issue must address excusable neglect for the untimely request.
Civil cases
Page 6 | VIII. REQUESTS FOR CONTINUANCES, ETC.
Scheduling order amendments must be filed at least 7 calendar days before affected dates.
Any request to amend the Scheduling Order or to continue or reschedule any date, deadline, or court proceeding should be filed no fewer than seven calendar days in advance of the dates and deadlines at issue.
Civil cases
Page 6 | VIII. REQUESTS FOR CONTINUANCES, ETC.
Continuance requests must include 6 specific elements: original date, previous requests, good cause, opposition, impact on other dates, and counsel declaration.
The request must state: 1. The original deadline or date; 2. The number of previous requests for continuances; 3. A showing of good cause for the request; 4. Whether the request is opposed and why; 5. Whether the requested continuance will affect other case management dates; and 6. A declaration from the counsel seeking the continuance that describes the steps taken to comply with the existing deadlines, and the specific reasons why the deadlines cannot be met.
Civil cases
Page 6 | VIII. REQUESTS FOR CONTINUANCES, ETC.
Continuance requests must be filed as joint motions at least 7 calendar days before the affected date.
All requests for continuances must be made by a joint motion no less than seven calendar days before the affected date.
Civil cases
Page 6 | VIII. REQUESTS FOR CONTINUANCES, ETC.
Meet and confer required before filing scheduling order amendment motions.
Counsel must meet and confer prior to the filing of any motion to amend the Scheduling Order.
Civil cases
Page 6 | VIII. REQUESTS FOR CONTINUANCES, ETC.
Scheduling amendment motions must include 5 specific elements: good cause, timeliness, table of remaining dates, previous requests, and counsel declaration.
Motions requesting to amend any date or deadline in the Scheduling Order shall include the following: 1. A showing of good cause for the request. Fed. R. Civ. P. 6(b), 16(b)(4). 2. A statement of whether the request is timely. Untimely requests must include a showing of excusable neglect. Fed. R. Civ. P. 6(b)(1)(B). 3. A table of all remaining dates and deadlines in the operative Scheduling Order and the proposed amendment for every remaining date or deadline in the Scheduling Order at the time the motion is filed. If no amendment is requested for any remaining date or deadline, the parties shall so indicate. 4. The number of previous requests to amend. 5. A declaration from counsel of record detailing the steps taken to comply with the dates and deadlines set forth in the Scheduling Order and the specific reasons why deadlines cannot be met.
Civil cases
Page 6 | VIII. REQUESTS FOR CONTINUANCES, ETC.
Meet and confer required before filing discovery disputes.
The parties must meet and confer in an attempt to resolve any issues before contacting the Court.
Civil cases
Page 7 | X. DISCOVERY DISPUTES
Lead counsel or decision-makers must meet and confer on discovery disputes.
Pursuant to the requirements of Civil Local Rule 26.1(a), lead counsel of record or attorneys with full authority to make decisions and bind the client without later seeking approval from a supervising attorney, house counsel, or some other decision maker, are to meet and confer promptly regarding all disputed issues.
Civil cases
Page 7 | X. DISCOVERY DISPUTES
In-person meet and confer for same county counsel; videoconference for different counties.
If counsel practice in the same county, they shall meet in person; if counsel practice in different counties, they shall confer by videoconference.
Civil cases
Page 7 | X. DISCOVERY DISPUTES
Discovery disputes must be raised within 30 calendar days of service or deposition completion.
The parties must bring any discovery dispute to the Court's attention (either by email or filing a motion as outlined below) no later than thirty calendar days after either (1) the date of service of the written discovery response that is in dispute; or (2) the date that the portion of the deposition transcript in dispute is completed. Failure to meet this deadline will bar a party from filing a corresponding discovery motion.
Civil cases
Page 7 | D. Deadline to Raise Discovery Disputes with the Court
Joint motions preferred for scheduling amendments.
The Court prefers any motion to amend the schedule be brought as a joint motion reflecting the positions of the parties.
Civil cases
Page 6 | VIII. REQUESTS FOR CONTINUANCES, ETC.
Failure to respond to meet and confer request for 3+ business days allows contacting Chambers for pre-motion conference.
If a party or lawyer fails to respond to opposing counsel's request to meet and confer for more than three business days, counsel may contact Chambers and request a pre-motion conference or appropriate briefing schedule.
Civil cases
Page 7 | B. Discovery Conference
Chambers Communication Rules
Telephone calls and emails to Chambers are permitted for administrative matters such as scheduling and calendaring. Appropriate calls or emails to Chambers should be made by attorneys of record only. Copies of emails must be simultaneously delivered to all counsel, unless otherwise directed by the Court (e.g., confidential Early Neutral Evaluation statements and confidential Settlement Conference statements).
Telephone calls and emails to Chambers are permitted for administrative matters such as scheduling and calendaring. Appropriate calls or emails to Chambers should be made by attorneys of record only. Copies of emails must be simultaneously delivered to all counsel, unless otherwise directed by the Court (e.g., confidential Early Neutral Evaluation statements and confidential Settlement Conference statements).
Civil cases
Page 2 | II. COMMUNICATING WITH CHAMBERS
For deposition disputes, counsel may call Chambers for immediate ruling if unresolved.
If the matter is not resolved prior to seeking a ruling, counsel may call Chambers at (619) 557-3404 and seek a ruling. If the Court is unable to review the matter at that moment, counsel are to proceed with the deposition in other areas of inquiry, and the Court will respond as soon as practicable.
Civil cases
Page 7 | C. Deposition
Email communications to chambers use efile_Pettit@casd.uscourts.gov
The email address for communications to the law clerks and the courtroom deputy is efile_Pettit@casd.uscourts.gov.
Civil cases
Page 2 | II. COMMUNICATING WITH CHAMBERS
Civil matters inquiries go to law clerks via phone (619-557-3404) or email (efile_Pettit@casd.uscourts.gov)
The law clerks handle all inquiries on civil matters. The telephone number for the law clerks is (619) 557-3404. The email address for communications to the law clerks and the courtroom deputy is efile_Pettit@casd.uscourts.gov.
Civil cases
Page 2 | II. COMMUNICATING WITH CHAMBERS
Junior Lawyer Participation Incentives
Encourages specific requests for junior lawyer oral argument opportunities
In support of this policy, the Court encourages the following types of requests: (1) to allow for oral argument when the Court would normally rule on the papers; (2) to allocate additional time for oral argument beyond what the Court otherwise might have allocated were a newer attorney not arguing the motion; (3) to bifurcate oral argument such that a newer attorney argues only a portion of the motion while a more senior attorney argues the rest; and (4) to permit another more senior attorney of record to accompany and provide some assistance to the newer attorney who is arguing the motion, where appropriate during oral argument.
Civil cases
Page 3 | IV. IMPORTANCE OF CONTRIBUTING TO DEVELOPMENT OF THE BAR
Encourages junior lawyers (under 10 years) to argue motions and participate in conferences
The Court values the importance of providing opportunities for court appearances and conference participation for less experienced attorneys and encourages parties to give attorneys with fewer than ten (10) years of experience the opportunity to argue motions and meaningfully participate in settlement conferences and pre-motion discovery conferences before the Court, particularly where that attorney played a substantial role in drafting the underlying filing or matter.
Civil cases
Page 3 | IV. IMPORTANCE OF CONTRIBUTING TO DEVELOPMENT OF THE BAR