Judge Mitchell D. Dembin
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- 1 copy
Filings > 20 pages
- Within 24 Hours
Adjournments
- Discovery motions must be filed within 30 days of the triggering event.
- Following telephonic contact with chambers, counsel can expect to be instructed to file an ex parte or Joint Motion, as appropriate, which will be granted only upon good cause shown.
- Motion to extend 30-day deadline required if meet-and-confer extends beyond 30 days.
- Must confer with opposing counsel before rescheduling ENE
Request must include
- Continuance requests must be made at least 7 days before the scheduled conference.
Communication
Chambers
Phone
Chambers
Document Filing Requirements16 rules
Plea documents must be delivered to Courtroom Deputy by 12:00 PM on hearing day.
In addition, all original, fully executed plea documents, including the Rule 11 consent form, must be delivered to the Courtroom Deputy (located on the 12th Floor of the Carter Keep Building) no later than 12:00 PM the day of the hearing (unless otherwise directed by the court).
DocumentPlea Document
Counsel must obtain client signatures on essential documents before hearings.
The Court requires counsel to obtain their client=s signature on all essential documents necessary for the hearing to proceed, including waivers of indictment, plea agreements and consent forms, in advance of the hearing.
DocumentPlea Agreement
In cases in which the defendant will be sentenced by Judge Dembin, the Court requests that all sentencing documents be filed 24 hours in advance of the sentencing hearing.
DocumentSentencing Document
Bail documents must include specific forms and receipts.
The bail documents must include, at a minimum, a copy of the Order of Conditions of Release applicable to the defendant, the bail information sheet, the surety addendum(s) and the advice of penalties and sanctions form executed by the defendant, as well as a copy of the receipt of the cash deposit, if required.
DocumentBail Document
Material witness bonds must also be presented to the Courtroom Deputy and must include a notation, in the upper right-hand corner of the bond, of the arraignment date of the material witness.
DocumentMaterial Witness Bond
Joint bail modification motions require signatures from both counsel, defendant, and must reflect Pretrial Services Officer's position.
The Court will accept written joint motions for modification of bail conditions in all cases in which the defendant is released on bond. The Joint Motion must be signed by both defense and government counsel, the defendant, and must accurately reflect the position of the Pretrial Services Officer supervising the defendant.
DocumentJoint Bail Modification Motion
Bail documents, in the format approved by the Court, must be presented to Judge Dembin=s Courtroom Deputy for review.
DocumentBail Document
Briefs must include case facts, settlement demand, and prior negotiations
a. A brief description of the essential facts of the case and the elements of the claims or defenses asserted; b. A specific and current demand for settlement addressing all relief or remedies sought. If a specific demand for settlement cannot be made at the time the brief is submitted, the reasons must be stated along with a statement as to when the party will be in a position to state a demand; and, c. A brief description of any previous settlement negotiations or mediation efforts.
DocumentSettlement Brief
The Joint Discovery Plan must be lodged with chambers no later than five (5) days prior to the ENE/CMC.
DocumentJoint Discovery Plan
Following telephonic contact with chambers, counsel can expect to be instructed to file an ex parte or Joint Motion, as appropriate, which will be granted only upon good cause shown.
DocumentExcusal Motion
The Court requires all named parties, lead counsel, and any other person(s) whose authority is required to negotiate and enter into settlement to appear in person at the ENE and other settlement conferences.
DocumentSettlement Conference
The motion shall include a declaration by counsel detailing the steps taken to comply with the dates and deadlines set in the order, and the specific reasons why deadlines cannot be met.
DocumentMotion To Amend Scheduling Order
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).
DocumentJoint Motion
The Court will not grant requests to excuse a required party from personally appearing absent good cause. Distance of travel alone does not constitute good cause.
DocumentSettlement Conference
Based upon the ENE briefs, the Court may exercise its discretion and convert the ENE to a telephonic conference.
DocumentENE
Parties must provide all documents being relied upon of the hearing, preferably 24 hours in advance.
DocumentBail Modification Motion
Filing & Service rules
Courtesy Copy Requirements
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
Civil cases
Page 1 | Courtesy Copies
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.
Civil cases
Page 7 | Contents of the Joint Motion
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.
Civil cases
Page 10 | VI. Ex-Parte Proceedings
Sealing & Redaction Procedures
Sealed document applications must be served on opposing counsel and document custodian.
An application to file a document under seal shall be served on opposing counsel, and on the person or entity that has custody and control of the document, if different from opposing counsel.
Civil cases
Page 11 | Sealed Documents
Opponents of sealed document applications must notify chambers before filing opposition.
If opposing counsel, or the person or entity who has custody and control of the document, wishes to oppose the application, he/she 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 11 | Sealed Documents
Stipulated protective orders must be filed as joint motions.
All stipulated protective orders must be filed as a joint motion.
Civil cases
Page 11 | Sealed Documents
Documents may only be filed under seal with court order and must include both unredacted and redacted versions.
There is a presumptive right of public access to court records based upon common law and First Amendment grounds. Accordingly, no document may be filed under seal, i.e., closed to inspection by the public, except pursuant to a Court order that authorizes the sealing of the particular document, or portions thereof. A sealing order may issue only upon a request that establishes that the document, or portions thereof, is privileged or otherwise subject to protection under the law. The request must be narrowly tailored to seek sealing only of sensitive personal or confidential information. An unredacted version of the document, identifying the portions subject to the motion to seal, must be lodged with the motion to seal. A redacted version of the document must be publicly filed simultaneously. Of course, if the motion to seal covers the entire document, a redacted version need not be filed in advance of the Court's ruling.
Civil cases
Page 13 | Procedure for Filing Documents Under Seal
Protective orders should include provisions for handling sealed documents after case closure.
The Court recommends that the stipulated protective order contain a provision regarding the disposition of confidential or sealed documents and information after the case is closed.
Civil cases
Page 11 | Sealed Documents
Pre-Motion Conference Requirements
Written motion required to excuse defendant's appearance, signed by defendant.
If a defendant is released on bond and counsel seeks to excuse their appearance at a hearing, counsel must file a written motion on the docket, signed by the defendant, and include an explanation as to why defendant should not be required to attend and submit a proposed order to Judge Dembin=s e-file box.
Criminal cases
Page 2 | Request to Excuse Defendant=s Appearance and/or Continue a Hearing
Opposing party must have reasonable opportunity to contribute to Joint Motion.
The aggrieved party must provide the opposing party a reasonable opportunity to contribute to the Joint Motion.
Civil cases
Page 7 | Joint Motion - Opportunity to Participate
Joint Motion required for discovery disputes before filing motion to compel or for protective order.
If the dispute concerns written discovery requests (e.g. interrogatories, requests for production) and a party will be moving to compel or moving for a protective order, the parties shall submit a AJoint Motion for Determination of Discovery Dispute.@
Civil cases
Page 7 | Joint Motion Required
Party must file Notice of Intent to Respond within 5 business days of ex parte discovery motion, with declaration explaining why joint motion wasn't used.
No later than five (5) business days following the filing an ex parte discovery motion directed at a party, that party, if it intends to oppose the motion, must file a Notice of Intent to Respond. The Notice must contain a declaration of counsel explaining why counsel did not participate in a joint motion.
Civil cases
Page 9 | D. Ex Parte Motions in Discovery Disputes
Court may grant bail modification without hearing.
The Court may grant the requested modification without a hearing.
Criminal cases
Page 2 | Bail Stipulations (Joint Motions) to Modify Bond Conditions (Defendant on Bond)
Meet and confer required before filing motion to amend scheduling order; joint motion preferred.
Counsel must meet and confer prior to the filing of any motion to amend the Scheduling Order. The Court prefers any motion to amend the schedule be brought as a Joint Motion reflecting the positions of the parties.
Civil cases
Page 5 | D. Amending the Scheduling Order
Meet and confer required before contacting court; in-person if same district, phone/video if different districts.
Counsel must meet and confer on all issues before contacting the court. If counsel are located in the same district, the meet and confer must be in person. If counsel are located in different districts, then telephone or video conference may be used.
Civil cases
Page 6 | A. Meet and Confer Requirements
Meet and confer required before seeking court ruling on deposition disputes involving privilege, court-ordered limitations, or Rule 30(d).
If a dispute arises during the course of a deposition regarding an issue of privilege, enforcement of a court-ordered limitation on evidence, or pursuant to Fed. R. Civ. P. 30(d), which constitute the only legitimate reasons to instruct a witness not to answer, counsel are to meet and confer prior to seeking any ruling from the Court.
Civil cases
Page 6 | B. Disputes During Depositions
Failure to meaningfully participate in required meet and confer may result in sanctions.
A party found by the Court to have failed to participate or to participate meaningfully in a required meet and confer session, may be sanctioned.
Civil cases
Page 6 | A. Meet and Confer Requirements
Exchanging letters, faxes, or emails does not satisfy meet and confer requirement.
Exchanging letters, facsimiles or emails does not satisfy the meet and confer requirement.
Civil cases
Page 6 | A. Meet and Confer Requirements
If the matter cannot readily be resolved by the Court, the Court may require the parties to file a joint motion as provided at subparagraph C below.
If the matter cannot readily be resolved by the Court, the Court may require the parties to file a joint motion as provided at subparagraph C below.
Civil cases
Page 6 | B. Disputes During Depositions
If court cannot review deposition dispute immediately, proceed with other areas of inquiry.
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 6 | B. Disputes During Depositions
Adjournment & Extension Requirements
Oral bail modification motions require 24-hour advance notice.
Absent extraordinary circumstances, oral motions to modify bail conditions will not be heard unless calendared in advance and with at least 24 hours' notice to the opposing party, the Pretrial Services Office, and any sureties.
Criminal cases
Page 2 | Bail Modification Hearings (Defendant in Custody)
Written motion required for hearing continuances with stated reasons.
Any requests to continue a hearing must be filed by way of written motion on the docket and must state the reason(s) for the requested
Criminal cases
Page 2 | Request to Excuse Defendant=s Appearance and/or Continue a Hearing
Following telephonic contact with chambers, counsel can expect to be instructed to file an ex parte or Joint Motion, as appropriate, which will be granted only upon good cause shown.
Following telephonic contact with chambers, counsel can expect to be instructed to file an ex parte or Joint Motion, as appropriate, which will be granted only upon good cause shown.
Civil cases
Page 5 | D. Amending the Scheduling Order
Continuance requests must be made at least 7 days before the scheduled conference.
Absent compelling circumstances, a request to continue must be made at least seven (7) days prior to the scheduled conference.
Civil cases
Page 5 | D. Amending the Scheduling Order
Discovery motions must be filed within 30 days of the triggering event.
Any motion related to discovery disputes must be filed no later than thirty (30) days after the date upon which the event giving rise to the dispute occurred.
Civil cases
Page 7 | Timing of Discovery Motions - The 30-day Rule
Requests must be filed at least 7 days before hearing for government response.
filed no later than seven (7) days prior to the hearing (unless directed otherwise by the court) in order to allow government counsel time to respond to the request.
Criminal cases
Page 3 | Inquiries Regarding Criminal Matters
Must confer with opposing counsel before rescheduling ENE
Counsel seeking to reschedule an ENE or other settlement conference must confer with opposing counsel prior to making the
Civil cases
Page 4 | Civil Pretrial Procedures
Motion to extend 30-day deadline required if meet-and-confer extends beyond 30 days.
If the meet and confer process or attempts to supplement disputed responses will extend the dispute beyond 30 days, a motion, preferably a joint motion, to extend the deadline must be filed.
Civil cases
Page 7 | Timing of Discovery Motions - The 30-day Rule
Chambers Communication Rules
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.
Civil cases
Page 4 | Civil Pretrial Procedures
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.
Civil cases
Page 5 | E. Notice of Settlement
If the matter is not resolved prior to seeking a ruling, counsel may call chambers at 619-446-3972 and seek a ruling.
If the matter is not resolved prior to seeking a ruling, counsel may call chambers at 619-446-3972 and seek a ruling.
Civil cases
Page 6 | B. Disputes During Depositions
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.
Civil cases
Page 10 | VI. Ex-Parte Proceedings
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.
Civil cases
Page 11 | Sealed Documents
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.
Civil cases
Page 1 | Communications with Chambers
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.
Civil cases
Page 1 | Communications with Chambers
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.
Civil cases
Page 4 | Civil Pretrial Procedures
Criminal calendars are held Tuesdays/Thursdays at 1:30 PM.
Criminal calendars are heard on Tuesdays and Thursdays at 1:30 PM, unless otherwise scheduled by the Court. Check the calendar for the location of the courtroom. Counsel are expected to be punctual.
Criminal cases
Page 1 | Criminal Calendar
Criminal inquiries must be directed to Judge Dembin's Courtroom Deputy.
All inquiries regarding criminal matters shall be directed to Judge Dembin=s Courtroom Deputy at (619) 557-5973.
Criminal cases
Page 3 | Inquiries Regarding Criminal Matters
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 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:
Civil cases
Page 3 | Civil Pretrial Procedures