Court Rules
magistrate Judge
Verified Current20 hours ago

Judge Mitchell D. Dembin

Southern District of California

Limits & Logistics

Courtesy Copies

Filings (>20 pages)

Required

Filings (>25 pages)

Required

Adjournments

Notice Required
24Hours

Must Include

  • 1
    Reason For Request
  • 2
    Adversary Position
  • 3
    Proposed New Dates

Must Include

  • 1
    Reason For Request
  • 2
    Good Cause
  • 3
    Affects Other Dates
Notice Required
7Calendar Days

Must Include

  • 1
    Reason For Request
  • 2
    Adversary Position
Notice Required
0Business Days
Notice Required
30Calendar Days

Communication

Email

Chambers

Scheduling
No Hours
Phone

Chambers

(619) 557-5973
SchedulingEmergenciesTechnical Issues
No Status Inquiries
Letter Ecf

Chambers

No Status Inquiries
Phone

Chambers

Scheduling
Advance Notice Required
No Status Inquiries
Email

Chambers

efile_dembin@casd.uscourts.gov
No Status Inquiries
Conferral

Chambers

Scheduling
Advance Notice Required
Phone

Chambers

(619) 446-3972
SchedulingEmergencies
Advance Notice Required
No Description
Phone

Chambers

619-446-3972
EmergenciesTechnical Issues
Filters:AllMandatoryImportantCommunicationCourtesy CopiesMemorandaExhibitsLettersElectronicsMotion to DismissSettlement

Detailed Drafting Rules

Communication ProtocolImportant

Letters, faxes, and emails to chambers are discouraged unless specifically requested.

Letters, faxes, and emails to chambers are discouraged unless specifically requested or required by the Court. If letters, faxes, or emails are requested, copies of the same must be simultaneously delivered to all counsel. Copies of correspondence between counsel should not be sent to the Court.

Letter via ECF

Approved Topics
Status Inquiries
Prohibited
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Communication ProtocolImportant

Telephone calls to chambers limited to non-substantive matters like scheduling.

Telephone calls to chambers are permitted only for non-substantive matters such as scheduling and calendaring. Court personnel are prohibited from giving legal advice or discussing the merits of a case.

Phone

Approved Topics
SchedulingStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecCommunications with Chambers
Courtesy CopyMandatory

Courtesy copies required for filings over 20 pages, due within 24 hours.

Courtesy copies of filings that exceed twenty (20) pages in length must be submitted directly to Chambers within twenty-four (24) hours

Courtesy Copies Required

When: Page Threshold > 20
Logistics
Quantity1 Copy
TimingWithin 24 Hours
MethodHand Delivery
Page 1
|SecCourtesy Copies
Communication ProtocolNote

Briefs must be emailed to specific address with confidentiality options

email to the Court at efile_dembin@casd.uscourts.gov. Each party may choose for their brief to be confidential (court only) or may share it with their party opponent. Regardless, each brief must include the following:

Email

Direct to: Chambers

Approved Topics
SchedulingStatus Inquiries
Prohibited
  • Status Inquiries
Page 3
|SecCivil Pretrial Procedures
Communication ProtocolImportant

Must confer with opposing counsel before requesting excusal

Counsel requesting that a required party be excused from personally appearing must confer with opposing counsel prior to making the request.

Conferral

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    must confer with opposing counsel
Page 4
|SecCivil Pretrial Procedures
Communication ProtocolMandatory

Contact law clerk at (619) 446-3972 before filing excusal request

The responsible counsel must contact the law clerk assigned to the case at (619) 446-3972 as soon as counsel is certain that he or she will be seeking relief from appearance of a party or party representative.

Phone

Direct to: Chambers

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    before filing excusal request
Page 4
|SecCivil Pretrial Procedures
Communication ProtocolMandatory

File Notice of Settlement or Motion to Dismiss promptly when case settles; call chambers if court date is imminent.

If the case is settled in its entirety, counsel promptly must file a Notice of Settlement or an appropriate Motion to Dismiss. If a scheduled date with this Court is imminent, counsel also must call chambers at (619) 446-3972 promptly.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergencies
Prohibited
  • Description
    Call promptly when court date is imminent after settlement
Page 5
|SecE. Notice of Settlement
Communication ProtocolMandatory

If deposition dispute unresolved, call chambers at 619-446-3972 for ruling.

If the matter is not resolved prior to seeking a ruling, counsel may call chambers at 619-446-3972 and seek a ruling.

Phone

Direct to: Chambers

Approved Topics
EmergenciesTechnical Issues
Page 6
|SecB. Disputes During Depositions
Document RequirementMandatory

Joint Motion must include meet-and-confer declaration and 5-page points and authorities per side.

The joint motion shall be accompanied by: (1) a declaration of compliance with the meet and confer requirement; and, (2) points and authorities (not to exceed five (5) pages per side).

Document Type

Joint Motion

Content & Formatting
Points And Authorities
Certificate Of Conference
Points And Authorities Page Limit

5

Page 7
|SecContents of the Joint Motion
Courtesy CopyMandatory

Courtesy copy to chambers required if motion package exceeds 25 pages.

In the event that the entire motion package, including exhibits, exceeds twenty-five (25) pages, a courtesy copy must be delivered to chambers.

Courtesy Copies Required

When: Page Threshold > 25
Logistics
Quantity1 Copy
TimingUpon Filing
MethodHand Delivery
Page 7
|SecContents of the Joint Motion
Communication ProtocolMandatory

Opposing counsel must contact chambers within 5 business days of ex parte application to state opposition intent and timing.

No later than five (5) business days following service of the ex parte application, opposing counsel must contact chambers and state whether an opposition will be filed and an estimate of how much time will be needed to prepare the opposition.

Phone

Direct to: Chambers

Approved Topics
Status Inquiries
Requirements
  • Advance Notice Required
    5_business_days
Page 10
|SecVI. Ex-Parte Proceedings
Courtesy CopyMandatory

Courtesy copy to chambers required for ex parte motions/responses over 25 pages.

In the event that the motion or response, including exhibits, exceeds twenty-five (25) pages, a courtesy copy must be delivered to chambers.

Courtesy Copies Required

When: Page Threshold > 25
Logistics
Quantity1 Copy
TimingUpon Filing
MethodHand Delivery
Page 10
|SecVI. Ex-Parte Proceedings
Communication ProtocolMandatory

Protective order proposals must be emailed to chambers at efile_dembin@casd.uscourts.gov.

The parties must email directly to chambers a proposed order containing the text of the proposed protective order suitable for signature by the Court. The proposed order should be emailed to efile_dembin@casd.uscourts.gov.

Email

Direct to: Chambers

Approved Topics
SchedulingStatus InquiriesTechnical Issues
Page 11
|SecSealed Documents