Court Rules

Southern District of California Adjournment & Extension Requirements

190 rules from official source documents

Requirements for requesting adjournments, extensions, and continuances. This page is scoped to Southern District of California; use the court rules overview to switch categories without leaving this court.

Judge Andrew G. SchoplersdcaCRITICAL

Continuance requests must be filed 2 court days before hearing; emergencies require immediate explanation.

Source text: Oral continuance motions will generally be denied. Any continuance request must be filed or emailed to the courtroom deputy by close of business, two court days before the hearing. For any late-breaking, unforeseen emergencies, the continuance request must be made as soon as possible and explain the exigency.

Judge Andrew G. SchoplersdcaCRITICAL

Continuance requests must be submitted by close of business two court days before the hearing, with emergency requests filed as soon as possible and explaining the exigency.

Source text: Any continuance request must be filed or emailed to the courtroom deputy by close of business, two court days before the hearing. For any late-breaking, unforeseen emergencies, the continuance request must be made as soon as possible and explain the exigency.

Judge Benjamin J. CheekssdcaCRITICAL

Continuance requests require joint or unopposed motion.

Source text: All continuance requests require a joint or unopposed motion to continue.

Judge Benjamin J. CheekssdcaCRITICAL

Joint motions to continue must include reasons, defendant acknowledgment, and Speedy Trial Act exclusions.

Source text: All joint motions to continue must include: (1) the reason(s) for the continuance; (2) defendants who are not in custody must sign off on the Joint Motion and acknowledge and accept the next proposed court date in writing; (3) in cases where the Speedy Trial Clock is active, all joint motions must address any time that should be excluded under the Speedy Trial Act in the joint motion AND proposed order.

Judge Benjamin J. CheekssdcaCRITICAL

Continuance requests must be made at least 3 court days before hearing.

Source text: Please be advised that all continuance requests must be made no less than three (3) court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date.

Judge Benjamin J. CheekssdcaCRITICAL

Motions must be filed 14 days before hearing date under Criminal Local Rule 47.1.

Source text: All parties shall adhere strictly to Criminal Local Rule 47.1, which provides that all motions must be filed no later than fourteen (14) days prior to the date for which the motion is noticed unless the Court, by order and for good cause, shortens that time.

Judge Benjamin J. CheekssdcaCRITICAL

Reply briefs and supplemental documents require leave of court and must be filed at least 7 days before hearing.

Source text: If a party wishes to file a reply brief or other supplemental documents in support of, or in opposition to, a pending motion, the party must seek leave of court to do so. Leave will not be granted absent good cause, and no supplemental filings will be accepted less than seven (7) days prior to the scheduled motion hearing.

Judge Benjamin J. CheekssdcaCRITICAL

Most motions must be filed 14 days before hearing date.

Source text: All motions, except motions in limine and those pertaining to sentencing matters, must be filed at least fourteen (14) calendar days before the hearing date.

Judge Benjamin J. CheekssdcaCRITICAL

Opposition briefs must be filed 7 days before hearing date.

Source text: Opposition briefs must be filed at least seven (7) calendar days before the hearing date.

Judge Benjamin J. CheekssdcaCRITICAL

Continuance requests must be filed at least 3 court days before hearing.

Source text: Please be advised that all continuance requests must be made no less than three (3) court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date. By way of example, a motion to continue a hearing set for Monday must be filed by 5 p.m. on the preceding Wednesday.

Judge Benjamin J. CheekssdcaCRITICAL

Continuance requests must be made via joint or unopposed motion.

Source text: All continuance requests require a joint or unopposed motion to continue.

Judge Benjamin J. CheekssdcaCRITICAL

Joint motions to continue must include good cause reasons, non-custody defendant sign-off, and Speedy Trial Act exclusions when applicable.

Source text: All joint motions to continue must include: (1) the reason(s) for the circumstances establishing good cause for the continuance; (2) defendants who are not in custody must sign off on the Joint Motion and acknowledge and accept the next proposed court date in writing; (3) in cases where the Speedy Trial Clock is active, all joint motions must address any time that should be excluded under the Speedy Trial Act in the joint motion AND proposed order.

Judge Benjamin J. CheekssdcaCRITICAL

Continuance requests must be filed at least 3 court days before the hearing or they will be denied.

Source text: Please be advised that all continuance requests must be made no less than three (3) court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date. By way of example, a motion to continue a hearing set for Monday must be filed by 5:00 p.m. on the preceding Wednesday.

Judge Benjamin J. CheekssdcaCRITICAL

Joint continuance motions must state good cause reason and have non-custodial defendants acknowledge next date in writing.

Source text: Joint motions to continue must state: (1) a reason for the circumstances establishing good cause for the continuance; and (2) defendants who are not in custody must acknowledge the next court date in writing.

Judge Benjamin J. CheekssdcaCRITICAL

Continuance requests must be made at least 3 court days before hearing.

Source text: Please be advised that all continuance requests must be made no less than three (3) court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date. By way of example, a motion to continue a hearing set for Monday must be filed by 5 p.m. on the preceding Wednesday.

Judge Benjamin J. CheekssdcaCRITICAL

Continuance requests require LR 16.1 report and discovery timetable to be on file.

Source text: In addition, a Local Rule 16.1 report of counsel, the agreed upon timetable for the production of discovery, including the Alien Registration File, video footage, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement must be on file.

Judge Benjamin J. CheekssdcaCRITICAL

Filing deadlines for sentencing documents range from 7 to 14 days prior to hearing; failure results in continuance.

Source text: All counsel must adhere strictly to Criminal Local Rule 32.1(a)(5)–(10), which provide the following filing deadlines prior to a scheduled sentencing hearing: 1. Objections to the PSR: 14 days prior 2. Motions for departures, other than 5k1.1: 14 days prior 3. Motions for 5k1.1 departures: 7 days prior 4. Sentencing summary charts: 7 days prior 5. Addenda addressing objections: 7 days prior 6. Supporting documents: 7 days prior Failure to meet these deadlines will result in a continuance of the sentencing hearing unless counsel is prepared to waive consideration of the late submissions.

Judge Benjamin J. CheekssdcaCRITICAL

Continuance requests require meet and confer and joint motion if parties agree.

Source text: Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, briefing schedule, or any other procedural change must meet and confer prior to contacting the Court. If the parties reach an agreement, they must file a joint motion

Judge Benjamin J. CheekssdcaCRITICAL

When parties cannot agree on a continuance or extension, the requesting party must file an ex parte motion containing specific required elements.

Source text: If the parties are unable to reach an agreement, the requesting party must file an ex parte motion satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result therefrom. In addition, the ex parte motion must state: (1) the original date; (2) the number of previous continuances and requests that have been made; (3) whether previous requests were granted or denied; and (4) opposing counsel's position regarding the ex parte motion

Judge Cathy Ann BencivengosdcaCRITICAL

Continuance requests must be made to Courtroom Deputy; subsequent requests require joint motion filed 48 hours before appearance.

Source text: All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy. Initial requests for continuances can be made telephonically to the Courtroom Deputy. For any subsequent requests, if counsel both agree to the requested continuance, a joint motion should be filed and a proposed order should be emailed no later than 48 hours before the scheduled appearance. The joint motion and order should include the original date, the requested date for continuance, and the grounds for continuance.

Judge Cathy Ann BencivengosdcaCRITICAL

Telephonic appearance requests require ex parte application filed at least one week before hearing.

Source text: All requests by parties to appear telephonically will be made by filing a document entitled “Ex Parte Application for Telephonic Appearance,” setting forth good cause for the request to appear telephonically. The ex parte application will be filed at least one week prior to the hearing.

Judge Dana M. SabrawsdcaCRITICAL

Continuance requests must be made immediately to Courtroom Deputy Clerk.

Source text: All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk at the number above.

Judge James E. Simmons, Jr.sdcaCRITICAL

Joint motion and proposed order required for agreed continuances.

Source text: If the parties reach an agreement, they must file a joint motion with a declaration explaining the reasons for the requested continuance or extension of time. The parties must also email a proposed order in Word (.doc) format to efile_simmons@casd.uscourts.gov.

Judge James E. Simmons, Jr.sdcaCRITICAL

Ex parte continuance motions must be filed at least 2 court days before deadline.

Source text: Such a motion should be filed at least two (2) Court days prior to the event or deadline that the moving party seeks to continue.

Judge Jinsook OhtasdcaCRITICAL

Continuance requests require meet-and-confer; joint motions with proposed orders if agreed, ex parte motions if not, filed at least 2 court days before deadline.

Source text: Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, briefing schedule, or any other procedural change must meet and confer prior to contacting the Court. If the parties reach an agreement, they must file a joint motion with a declaration explaining the reasons for the requested continuance or extension of time. The parties must also email a proposed order in Word (.doc) format to efile_ohta@casd.uscourts.gov. See Civil Chambers Rule II.B. The proposed order must set forth the currently scheduled date and the new, proposed date. If the parties are unable to reach an agreement, the requesting party must file an ex parte motion demonstrating satisfaction of the applicable legal standard. Such a motion should be filed at least two (2) Court days prior to the event or deadline that the moving party seeks to continue.

Judge Jinsook OhtasdcaCRITICAL

Joint motions for continuance must be filed on CM/ECF with proposed order emailed.

Source text: If counsel stipulate to a continuance, a joint motion should be filed on the CM/ECF docket, and a proposed order should be emailed to efile_ohta@casd.uscourts.gov.

Judge Jinsook OhtasdcaCRITICAL

Joint motions for continuance must be filed by 9:00 AM Wednesday before hearing.

Source text: Joint motions to continue must be filed before 9:00 a.m. on the Wednesday morning prior to the scheduled hearing.

Judge Jinsook OhtasdcaCRITICAL

Untimely joint motions require in-person continuance request at hearing.

Source text: If a joint motion is untimely filed, counsel will appear in person to request a continuance at the scheduled hearing.

Judge Jinsook OhtasdcaCRITICAL

Sentencing continuance requests must be made by noon Thursday before sentencing week.

Source text: A party seeking a continuance of a sentencing hearing must notify the courtroom deputy at the earliest possible time, but no later than noon on the Thursday prior to the following week's sentencing date.

Judge Linda LopezsdcaCRITICAL

Motions must be noticed for hearing 35 days after filing.

Source text: Parties filing a noticed motion must set the hearing to be thirty-five (35) days from the motion’s filing date.

Judge Robert S. HuiesdcaCRITICAL

Continuance requests require meet and confer and joint motion if parties agree.

Source text: Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, briefing schedule, or any other procedural change, must meet and confer prior to contacting the Court. If the parties reach an agreement, they must e-file a joint motion with a declaration explaining the reasons for the requested continuance or extension of time.

Judge Robert S. HuiesdcaCRITICAL

Unopposed continuance requests require ex parte motion with specific information at least 2 days before deadline.

Source text: If the parties are unable to reach an agreement, the requesting party must file an ex parte motion satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result therefrom. In addition, the ex parte motion must state: (1) the original date; (2) the number of previous continuances and requests that have been made; (3) whether previous requests were granted or denied; and (4) opposing counsel’s position with regard to their opposition. Such a motion should be filed at least two (2) days prior to the event or deadline that the moving party seeks to continue.

Judge Robert S. HuiesdcaCRITICAL

Continuance requests must be made immediately to Courtroom Deputy Clerk.

Source text: All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk at the number above or by email.

Judge Robert S. HuiesdcaCRITICAL

Stipulated continuances require joint motion and emailed proposed order.

Source text: If counsel stipulate to the continuance, a joint motion should be filed with chambers and a proposed order should be emailed.

Judge Robert S. HuiesdcaCRITICAL

Joint motion must include original date, requested date, grounds, prior continuances, and Speedy Trial Act exclusion if applicable.

Source text: The joint motion should include the original date, the requested date for continuance (obtained from the Courtroom Deputy Clerk prior to filing), the grounds for continuance, whether continuances of the same hearing have been requested or granted in the past, and, if applicable, an exclusion of time under the Speedy Trial Act.

Judge Ruth Bermudez MontenegrosdcaCRITICAL

Continuance requests must be made promptly to Courtroom Deputy by phone or email.

Source text: All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy at the number above or by email. If counsel stipulate to the continuance, a joint motion should be filed with chambers and a proposed order should be emailed.

Judge Ruth Bermudez MontenegrosdcaCRITICAL

Continuance motions must be filed 2 court days before hearing and include specific elements.

Source text: The joint motion should include the original date, the requested date for continuance (obtained from the Courtroom Deputy prior to filing), the grounds for good cause for continuance and, if applicable, an exclusion of time under the Speedy Trial Act. All motions shall be filed no later than two (2) Court days prior to the scheduled hearing.

Judge Todd W. RobinsonsdcaCRITICAL

Continuance requests must be made by email to Courtroom Deputy Clerk.

Source text: All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk by email.

Judge Todd W. RobinsonsdcaCRITICAL

Stipulated continuances require joint motion and proposed order.

Source text: If counsel stipulate to the continuance, a joint motion should be filed with chambers and a proposed order should be emailed.

Judge Todd W. RobinsonsdcaCRITICAL

Joint motion for continuance must include original date, requested date, grounds, and Speedy Trial Act basis if applicable.

Source text: The joint motion must include the original date, the requested date for continuance (obtained from the Courtroom Deputy Clerk prior to filing), the grounds for continuance, and, if applicable, the basis for an exclusion of time under the Speedy Trial Act.

Judge Todd W. RobinsonsdcaCRITICAL

Motions must be filed at least 2 business days before hearing.

Source text: All motions shall be filed no later than two (2) business days prior to the scheduled hearing.

Judge Todd W. RobinsonsdcaCRITICAL

Out-of-custody defendants must file acknowledgment with continuance motion.

Source text: An acknowledgment of the next court date must be filed by all out of custody defendants simultaneously with the motion.

Judge Todd W. RobinsonsdcaCRITICAL

Telephonic appearance requires ex parte motion filed 3 court days before hearing.

Source text: Any party requesting to appear telephonically must obtain leave of the Court by filing an ex parte motion at least three (3) court days before the scheduled hearing.

Judge Todd W. RobinsonsdcaCRITICAL

Opposing ex parte applications requires 24-hour notice of intent to oppose.

Source text: If a party intends to oppose an ex parte application, that party must file a notice as soon as practicable and within twenty-four (24) hours of the filing of the ex parte application stating their intent to oppose the ex parte application and the date on which the opposition will be filed.

Judge Todd W. RobinsonsdcaCRITICAL

Continuance/extension requests require meet-and-confer, joint motion if agreed, ex parte if not, filed 3 court days before deadline.

Source text: Parties requesting a continuance of a court date or an extension of a deadline must meet and confer with all other parties who have made an appearance prior to contacting the Court. If all appearing parties reach an agreement, they should file a joint motion. If no other parties have appeared or the appearing parties fail to reach an agreement, the party requesting the continuance or extension must file an ex parte application complying with all applicable rules and satisfying the relevant legal standard. Absent extraordinary circumstances, any request for a continuance or extension must be filed no later than three (3) court days before the relevant date.

Magistrate Judge Allison H. GoddardsdcaCRITICAL

Nebbia/surety hearings require 24-hour advance calendaring and notice; defense must provide bail package to CRD and USAO 24 hours in advance.

Source text: Nebbia and surety examinations will be heard only if calendared in advance with no less than 24 hours notice to the Court, all parties and the Pretrial Services Office. Defense counsel must provide the Court’s CRD and the United States Attorney’s Office with a copy of the proposed bail package, including in the case of a property bond, title documents, appraisals, bank loan statements and other relevant documents, 24 hours in advance of the hearing.

Magistrate Judge Barbara L. MajorsdcaCRITICAL

Excusal requests require good cause, meet-and-confer, and motion filed 5 court days before proceeding.

Source text: The Court will not grant requests to excuse a required party from attending the proceeding absent good cause. Counsel requesting that a required party be excused from appearing at a proceeding must meet and confer with opposing counsel prior to making the request and must file an appropriate motion establishing good cause for the request at least 5 court days before the ENE, MSC, or SC.

Magistrate Judge Barbara L. MajorsdcaCRITICAL

Rescheduling requests require meet-and-confer, motion filed 7 days before, and good cause.

Source text: Counsel seeking to reschedule an ENE or other settlement conference must confer with opposing counsel prior to making the request. Such requests must be made in a filed motion at least seven days before the scheduled hearing and may be granted only upon good cause shown.

Magistrate Judge Barbara L. MajorsdcaCRITICAL

Scheduling Order modifications require good cause and judicial consent.

Source text: As provided in Fed. R. Civ. P. 16(b)(4), modification of the dates and times set in the Scheduling Order requires good cause and judicial consent.

Magistrate Judge Barbara L. MajorsdcaCRITICAL

Extension requests require meet-and-confer and joint motion filing.

Source text: Before requesting an extension of any date or deadline, the attorneys must 'meet and confer' and the request should then be made by filing a joint motion.

Magistrate Judge Barbara L. MajorsdcaCRITICAL

Joint motion for extension must include declaration detailing compliance efforts, reasons for inability to meet deadline, and prior extensions.

Source text: The joint motion must establish good cause for the request and shall include a declaration from counsel of record detailing the steps taken to comply with the date(s) or deadline(s), the specific reason why the identified deadline cannot be met, and whether any prior extensions or modifications to the Scheduling Order

Magistrate Judge Barbara L. MajorsdcaCRITICAL

Joint motion with table of dates required for continuance requests.

Source text: Parties requesting a continuance of any conference, motion or hearing date, or briefing schedule shall meet and confer prior to contacting the Court. If the parties reach an agreement, they shall file a joint motion identifying the current date, the requested date, the number and length of any prior continuance, and the reason for the requested continuance or extension of time. The joint motion must include a table of all remaining dates and deadlines in the operative scheduling order and the proposed new dates for all remaining dates and deadlines. The parties also shall e-mail a proposed order in Word format that includes the table of dates to efile_major@casd.uscourts.gov.

Magistrate Judge Barbara L. MajorsdcaCRITICAL

Ex parte motion required if parties cannot agree on continuance.

Source text: If the parties are unable to reach an agreement, the requesting party shall file an ex parte motion satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result therefrom. In addition, the ex parte motion shall include (1) the original and proposed dates, (2) the number of previous requests and continuances, (3) whether previous requests were granted

Magistrate Judge Barbara L. MajorsdcaCRITICAL

Meet and confer required in person or by phone/video for discovery disputes.

Source text: Prior to bringing any discovery dispute to the Court, counsel must meet and confer pursuant to Civil Local Rule 26.1. If counsel are in the same county, they are to meet in person; if counsel practice in different counties, they are to confer by telephone or video. Under no circumstances may counsel satisfy the 'meet and confer' obligation by written or emailed correspondence.

Magistrate Judge Barbara L. MajorsdcaCRITICAL

Conference call with chambers required before hearing on discovery disputes.

Source text: If the parties fail to resolve their dispute through the meet and confer process, then counsel for all parties are required to determine a mutually agreeable time to conduct a conference call with Chambers. The Court will not assign a hearing date before conducting a conference call with all counsel.

Magistrate Judge Barbara L. MajorsdcaCRITICAL

Discovery motions must be filed within 30 days of the triggering event.

Source text: All discovery motions must be filed within 30 days of the event giving rise to the dispute and only after counsel have met and conferred and communicated with the Court as set forth above.

Magistrate Judge Brian J. WhitesdcaCRITICAL

Meet and confer required for all discovery disputes per Local Rule 26.1.a.

Source text: Counsel must promptly meet and confer regarding all disputed issues, pursuant to the requirements of Civil Local Rule 26.1.a.

Magistrate Judge Brian J. WhitesdcaCRITICAL

Informal discovery conference must be requested within 30 days of the triggering event.

Source text: If the parties are unable to resolve discovery disputed through the meet and confer process, they must contact the Court to request an informal discovery conference within thirty (30) day of the event giving rise to the dispute.

Magistrate Judge Brian J. WhitesdcaCRITICAL

If Judge White unavailable during deposition dispute, mark transcript and request conference within 14 days.

Source text: If Judge White is unavailable, counsel must mark the deposition at the point of the dispute and continue with the deposition. Counsel must contact the Court to request an informal discovery conference within fourteen (14) days of the completion of the transcript of the relevant portion of the deposition.

Magistrate Judge Brian J. WhitesdcaCRITICAL

Continuance requests for ENE/MSC must be made in writing at least 7 days before deadline.

Source text: Whether made by joint motion or ex parte application, any request to continue an ENE, Mandatory Settlement Conference (“MSC”), or scheduling order deadline shall be made in writing no less than seven (7) calendar days before the affected date.

Magistrate Judge Brian J. WhitesdcaCRITICAL

Continuance requests must include 6 specific elements: original deadline, previous requests, good cause, opposition, impact on other dates, and counsel declaration.

Source text: This request shall include: 1. The original deadline or date; 2. The number of previous requests for continuance; 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 counsel of record detailing the steps taken to comply with the dates and deadlines set in the scheduling order and the specific reasons the deadlines cannot be met.

Magistrate Judge Daniel E. ButchersdcaCRITICAL

ENE must be held within 45 days of answer filing; continuances strongly disfavored.

Source text: Pursuant to Local Rule 16.1(c), the Court will hold an ENE within 45 days of the filing of an answer. Requests to continue an ENE are strongly disfavored and will only be granted upon a strong showing of good cause.

Magistrate Judge Daniel E. ButchersdcaCRITICAL

Discovery disputes must be initiated within 30 days of triggering event.

Source text: The parties must initiate the procedure described in sections B and C above within thirty (30) days of the date of the event giving rise to the dispute. For depositions, the event giving rise to the dispute is the completion of the relevant portion of the transcript. For written discovery, the event giving rise to the dispute is the date the response was served. If a party fails to respond, the event giving rise to the discovery dispute is the date the response was due.

Magistrate Judge Daniel E. ButchersdcaCRITICAL

Joint Motion for Continuance must include 6 specific elements: reason, previous requests, good cause, opposition details, impact on other dates, and mediation date if applicable.

Source text: The Joint Motion must include the following information: 1. The reason for the requested continuance; 2. The number of previous requests for continuance; 3. A showing of good cause for the request; 4. If the request is opposed, a description of the parties’ meet and confer efforts and a statement by the opposing party explaining the basis for its opposition; 5. Whether the requested continuance will affect other case management dates; and, 6. If the reason for the requested continuance is to engage in private mediation, the date of the scheduled mediation.

Magistrate Judge Guillermo CabrerasdcaCRITICAL

Deposition disputes require immediate meet and confer, then call chambers if unresolved

Source text: 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.

Magistrate Judge Guillermo CabrerasdcaCRITICAL

Discovery disputes must be initiated within 30 days of triggering event

Source text: 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.

Magistrate Judge Jill L. BurkhardtsdcaCRITICAL

Non-emergency travel motions must be filed 72 hours before travel.

Source text: Motions to modify conditions of release to request non-emergency travel must be submitted no later than 72 hours before the proposed travel.

Magistrate Judge Jill L. BurkhardtsdcaCRITICAL

Oral motions for release modifications require 24 hours' notice and advance calendaring.

Source text: Absent extraordinary circumstances, oral motions for modifications of conditions of release will not be heard unless calendared in advance and with 24 hours' notice to the opposing party, the Pretrial Services Office, and the sureties. Parties must provide all documents being relied upon to Judge Burkhardt's CRD, preferably 24 hours in advance of the hearing.

Magistrate Judge Jill L. BurkhardtsdcaCRITICAL

Nebbia hearings require 24 hours' notice and bail package submission.

Source text: Nebbia and surety examination hearings will only be heard if calendared in advance with no less than 24 hours' notice to all parties and the Pretrial Services Office. Defense counsel must provide the Court and the United States Attorney's Office a copy of the proposed bail package, including appraisals, title documents, and other relevant materials, no later than 24 hours in advance of the hearing.

Magistrate Judge Jill L. BurkhardtsdcaCRITICAL

Plea agreement must be submitted by noon the day before hearing.

Source text: A scanned copy of the plea agreement must be submitted to Judge Burkhardt's CRD no later than noon the day before the change of plea hearing.

Magistrate Judge Jill L. BurkhardtsdcaCRITICAL

Requests to amend scheduling order or continue proceedings must be filed at least 7 calendar days in advance.

Source text: Any request to amend the scheduling order or to continue or reschedule any date, deadline, or court proceeding should be filed no fewer than 7 calendar days in advance of the dates and deadlines at issue.

Magistrate Judge Jill L. BurkhardtsdcaCRITICAL

Motions filed within 7 days of deadline must show excusable neglect.

Source text: Any motion filed fewer than 7 calendar days in advance of the dates and deadlines at issue must address excusable neglect for the untimely request.

Magistrate Judge Jill L. BurkhardtsdcaCRITICAL

Motions to amend scheduling order must state timeliness and show excusable neglect if untimely.

Source text: Motions requesting to amend any date or deadline in the scheduling order shall include the following: ... A statement of whether the request is timely. Untimely requests must include a showing of excusable neglect.

Magistrate Judge Jill L. BurkhardtsdcaCRITICAL

Motions to continue Court proceedings must propose three alternative dates.

Source text: Motions requesting to continue or reschedule any Court proceeding must include three mutually agreeable, alternative dates for the proceeding.

Magistrate Judge Jill L. BurkhardtsdcaCRITICAL

Meet and confer must begin within 14 days of dispute.

Source text: Counsel must proceed with due diligence in scheduling and conducting an appropriate meet and confer conference as soon as the dispute arises. Counsel shall commence the meet and confer process within 14 calendar days of the event giving rise to the dispute

Magistrate Judge Michael S. BergsdcaCRITICAL

Continuance requests require 7 calendar days advance written notice.

Source text: Whether made by joint motion or ex parte application, any request to continue an ENE, Mandatory Settlement Conference ("MSC"), or scheduling order deadline shall be made in writing no less than seven (7) calendar days before the affected date.

Magistrate Judge Michelle M. PettitsdcaCRITICAL

Continuance requests must be filed as joint motions at least 7 calendar days before the affected date.

Source text: All requests for continuances must be made by a joint motion no less than seven calendar days before the affected date.

Magistrate Judge Michelle M. PettitsdcaCRITICAL

Motions filed on deadline date are denied unless emergency circumstances are apparent.

Source text: 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.

Magistrate Judge Michelle M. PettitsdcaCRITICAL

Scheduling order amendments must be filed at least 7 calendar days before affected dates.

Source text: 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.

Magistrate Judge Michelle M. PettitsdcaCRITICAL

Untimely scheduling motions must show excusable neglect.

Source text: 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.

Magistrate Judge Michelle M. PettitsdcaCRITICAL

Continuance requests must include 6 specific elements: original date, previous requests, good cause, opposition, impact on other dates, and counsel declaration.

Source text: 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.

Magistrate Judge Michelle M. PettitsdcaCRITICAL

Meet and confer required before filing scheduling order amendment motions.

Source text: Counsel must meet and confer prior to the filing of any motion to amend the Scheduling Order.

Magistrate Judge Michelle M. PettitsdcaCRITICAL

Scheduling amendment motions must include 5 specific elements: good cause, timeliness, table of remaining dates, previous requests, and counsel declaration.

Source text: 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.

Magistrate Judge Michelle M. PettitsdcaCRITICAL

Meet and confer required before filing discovery disputes.

Source text: The parties must meet and confer in an attempt to resolve any issues before contacting the Court.

Magistrate Judge Michelle M. PettitsdcaCRITICAL

Lead counsel or decision-makers must meet and confer on discovery disputes.

Source text: 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.

Magistrate Judge Michelle M. PettitsdcaCRITICAL

In-person meet and confer for same county counsel; videoconference for different counties.

Source text: If counsel practice in the same county, they shall meet in person; if counsel practice in different counties, they shall confer by videoconference.

Magistrate Judge Michelle M. PettitsdcaCRITICAL

Discovery disputes must be raised within 30 calendar days of service or deposition completion.

Source text: 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.

Magistrate Judge Mitchell D. DembinsdcaCRITICAL

Oral bail modification motions require 24-hour advance notice.

Source text: 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.

Magistrate Judge Mitchell D. DembinsdcaCRITICAL

Written motion required for hearing continuances with stated reasons.

Source text: 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

Magistrate Judge Mitchell D. DembinsdcaCRITICAL

Continuance requests must be made at least 7 days before the scheduled conference.

Source text: Absent compelling circumstances, a request to continue must be made at least seven (7) days prior to the scheduled conference.

Magistrate Judge Mitchell D. DembinsdcaCRITICAL

After contacting chambers, file ex parte or joint motion for continuance with good cause.

Source text: 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.

Magistrate Judge Mitchell D. DembinsdcaCRITICAL

Discovery motions must be filed within 30 days of the triggering event.

Source text: 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.

Senior Judge Anthony J. BattagliasdcaCRITICAL

Continuance requests require 7-day advance notice, meet-and-confer, and detailed declaration

Source text: Continuances: Parties must meet and confer to discuss the requested change to any date or deadline before contacting the Court. Requests to continue or reschedule a conference, hearing, briefing schedule, or other date or deadline must be made by a motion filed no less than 7 days prior to the date the parties seek to change and include specific details addressing (1) the original date and proposed date; (2) good cause for the requested change; (3) the number of previous continuances and requests that have been made; (4) whether previous requests were granted or denied; (5) how this request will impact other dates or deadlines, and (6) how the parties fulfilled the Court’s meet-and-confer requirement. Such a motion must be supported by a detailed declaration, explaining the specific reasons and averring that the

Senior Judge Anthony J. BattagliasdcaCRITICAL

Discovery is stayed until Rule 26(f) conference occurs.

Source text: No discovery can occur before the Rule 26(f) conference, unless the case is excluded by the Rule itself, is stipulated otherwise, or unless the court so orders. Fed. R. Civ. P. 26(d).

Senior Judge Anthony J. BattagliasdcaCRITICAL

Rule 26(f) conference must be held at least 21 days before Rule 16(b) scheduling conference.

Source text: The parties can hold the conference at any time they choose, however the Rule 26(f) conference must be held at least 21 days before the court scheduled Rule 16(b) Scheduling Conference.

Senior Judge Anthony J. BattagliasdcaCRITICAL

Case management schedule may only be modified for good cause with court approval.

Source text: The schedule is not to be modified except for good cause and by leave of court. Fed. R. Civ. P. 16(b)(4).

Senior Judge Anthony J. BattagliasdcaCRITICAL

Case management schedule modifications require good cause and judge's consent.

Source text: Under Rule 16(b)(4), a case management schedule may be modified only for good cause and with the judge’s consent.

Senior Judge Anthony J. BattagliasdcaCRITICAL

Rule 26(f) conference must occur at least 21 days before Rule 16(b) scheduling conference.

Source text: The Rule 26(f) conference must be held at least 21 days before the Rule 16(b) scheduling conference.

Senior Judge Anthony J. BattagliasdcaCRITICAL

Patent cases require Rule 26(f) conference at least 21 days before Early Neutral Evaluation Conference.

Source text: Patent L.R. 2.1.a impacts the timing of the Rule 26(f) conference. It requires the Rule 26(f) conference 'no later than twenty-one (21) days before the [Early Neutral Evaluation Conference.]'

Senior Judge Anthony J. BattagliasdcaCRITICAL

Initial disclosures must be made within 14 days after Rule 26(f) conference

Source text: Disclosures must occur within 14 days after the Rule 26(f) conference, unless the date is changed by stipulation or court order.

Senior Judge Anthony J. BattagliasdcaCRITICAL

Newly added parties must make disclosures within 30 days of service/joinder

Source text: Parties added after the Rule 26(f) conference must make their disclosures within 30 days of their service or joinder in the action.

Senior Judge Anthony J. BattagliasdcaCRITICAL

Objections to pretrial disclosures are due 14 days after disclosure.

Source text: Written objections to the pretrial disclosures, if any, are due 14 days after the pretrial disclosure. The court may alter the timing for objections.

Senior Judge Anthony J. BattagliasdcaCRITICAL

Objections not raised within 14 days are waived unless excused for good cause.

Source text: Objections not set forth [except those pursuant to Rules 402 (relevance) and 403 (prejudice, confusion or waste of time)] are waived unless excused by court for good cause.

Senior Judge Anthony J. BattagliasdcaCRITICAL

Pretrial disclosures are due 21 days before Final Pretrial Conference.

Source text: The duty to make the pretrial disclosure will occur approximately 21 days before the Final Pretrial Conference.

Senior Judge Anthony J. BattagliasdcaCRITICAL

Objections to pretrial disclosures are due 14 days after disclosure (7 days before Final Pretrial Conference).

Source text: Any objections to pretrial disclosures would be due 14 days thereafter, which is approximately seven (7) days prior to the Final Pretrial Conference.

Senior Judge Anthony J. BattagliasdcaCRITICAL

Opposing counsel has until 5:00 PM next business day to respond to ex parte motion

Source text: After service of the ex parte motion, opposing counsel will ordinarily be given until 5:00 p.m. on the next business day to respond.

Senior Judge Anthony J. BattagliasdcaCRITICAL

Objections to magistrate judge's order must be filed within 14 days of service.

Source text: A party may file written objections to a magistrate judge's order within 14 days after being served with a copy. Fed. R. Civ. P. 72(a).

Senior Judge Anthony J. BattagliasdcaCRITICAL

Continuance requests must be joint motions filed before hearing, not at hearing.

Source text: Except as provided above, the Court prefers that continuance requests be made by joint motion prior to the scheduled date, and NOT at the time of the hearing. All joint motions to continue must include: a) the reason(s) for the circumstances

Senior Judge Anthony J. BattagliasdcaCRITICAL

Joint continuance motions require good cause and non-custody defendant sign-off

Source text: Joint motions to continue must state: a) a reason for the circumstances establishing good cause for the continuance; b) defendants who are not in custody must sign off on the joint motion, acknowledge it, and accept the next court date in writing.

Senior Judge Anthony J. BattagliasdcaCRITICAL

Joint motions must include party sign-off, Speedy Trial exclusions if applicable, and proposed order; non-compliance with LR 16.1 results in denial.

Source text: must sign off on the Joint Motion and acknowledge and accept the next proposed court date in writing; c) in cases where the Speedy Trial Clock is active, all joint motions must address any time that should be excluded under the Speedy Trial Act in the joint motion AND proposed order. All proposed orders should be emailed to Judge Battaglia’s efile inbox. No continuance will be granted where the parties have failed to fully comply with Local Rule 16.1. See, Section IV, below.

Senior Judge Anthony J. BattagliasdcaCRITICAL

Continuance requests must be filed at least 3 court days before hearing.

Source text: Please be advised that all continuance requests must be made no less than 3 court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date. By way of example, a motion to continue a hearing set for Monday must be filed by 5pm on the preceding Tuesday.

Senior Judge Anthony J. BattagliasdcaCRITICAL

Continuance requests must be filed at least 3 court days before hearing or will be denied.

Source text: All continuance requests must be made no less than 3 court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date. By way of example, a motion to continue a hearing set for Monday must be filed by 5pm on the preceding Tuesday.

Senior Judge Anthony J. BattagliasdcaCRITICAL

Pre-plea continuance requests require joint/unopposed motion with specific required elements.

Source text: Prior to a defendant entering into a plea agreement or other type of case resolution, all continuance requests require a joint or unopposed motion to continue. The Courtroom Deputy may administratively continue sentencing matters where all parties agree, if the case has not been continued twice before, and in no event longer than 60 days from the originally scheduled date. Except as provided above, the Court prefers that continuance requests be made by joint motion prior to the scheduled date, and NOT at the time of the hearing. All joint motions to continue must include: a) the reason(s) for the circumstances warranting the continuance; b) counsel for all parties must sign off on the Joint Motion and acknowledge and accept the next proposed court date in writing; c) in cases where the Speedy Trial Clock is active, all joint motions must address any time that should be excluded under the Speedy Trial Act in the joint motion AND proposed order.

Senior Judge Anthony J. BattagliasdcaCRITICAL

Continuance requests must be made at least 3 court days before a hearing and must include reason, defendant acknowledgment, and proposed new date.

Source text: Joint motions to continue must state: a) a reason for the circumstances establishing good cause for the continuance; b) defendants who are not in custody must sign off on the joint motion, acknowledge it, and accept the next court date in writing. Please be advised that all continuance requests must be made no less than 3 court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date. By way of example, a motion to continue a hearing set for Monday must be filed by 5pm on the preceding Tuesday.

Senior Judge Barry Ted MoskowitzsdcaCRITICAL

Motion papers must be filed and served within 3 court days of obtaining hearing date or forfeit the date.

Source text: Motion papers must be filed and served within three (3) court days of obtaining the hearing date. Failure to file and serve the papers within 3 court days will result in forfeiture of the reserved date.

Senior Judge Gonzalo P. CurielsdcaCRITICAL

Sentencing continuance requests must be made at least 3 court days before hearing.

Source text: A party seeking a continuance of a sentencing hearing must notify the courtroom deputy clerk at the earliest possible time, but in no event later than close of business three court days before the sentencing hearing.

Senior Judge Gonzalo P. CurielsdcaCRITICAL

Travel modification requests must be filed at least 4 court days in advance.

Source text: A party seeking a modification of their conditions of release to travel must file the request at least four court days in advance of their anticipated date of travel or show good cause why the request was submitted later than that.

Senior Judge Jeffrey T. MillersdcaCRITICAL

Moving papers must be filed and served within 3 days of obtaining hearing date.

Source text: Moving papers MUST be filed and served within 3 days of obtaining a motion hearing date from chambers.

Senior Judge Jeffrey T. MillersdcaCRITICAL

Statement of non-opposition must be filed 14 days before hearing.

Source text: A party that determines that it will not oppose a given motion shall file a statement of non-opposition no later than 14 days before the hearing date.

Senior Judge Jeffrey T. MillersdcaCRITICAL

Continuance requests require meet-and-confer, joint motion with declaration, and proposed order emailed to efile_miller@casd.uscourts.gov

Source text: Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, or briefing schedule or other procedural change shall meet and confer prior to contacting the Court. If the parties reach an agreement, they shall e-file a joint motion with a detailed declaration of the reason for the requested continuance or extension of time. They shall also e-mail a proposed Order to efile_miller@casd.uscourts.gov. Except in extraordinary circumstances, joint motions to amend a briefing schedule or to continue a motion hearing date must be filed no later than three court days before the affected date.

Senior Judge Jeffrey T. MillersdcaCRITICAL

Unagreed continuance requests require ex parte application with specific information

Source text: If the parties are unable to reach an agreement, the requesting party shall file an ex parte application satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result therefrom. In addition, the ex parte application shall state: (1) the original hearing date, (2) the number of previous continuance requests, and (3) whether previous requests were granted or denied.

Senior Judge Michael M. AnellosdcaCRITICAL

Motion must be filed within 3 court days of obtaining hearing date from Chambers.

Source text: All dates for motion hearings must be obtained by contacting Chambers and speaking with the law clerk assigned to the case. After obtaining a hearing date from the law clerk, the moving party must file the motion within three (3) court days. Parties who fail to file their papers within three (3) court days of obtaining the hearing date may forfeit the assigned hearing date.

Senior Judge Thomas J. WhelansdcaCRITICAL

Meet and confer required before requesting continuances; joint motion with declaration and proposed order if agreement reached.

Source text: Parties requesting a continuance of any conference, hearing, deadline, briefing schedule, or other procedural changes shall meet and confer prior to contacting the Court. If the parties reach an agreement, no hearing date is required and the parties shall file a joint motion, including a declaration that details the reason(s) for the requested continuance or extension of time. They shall also submit a proposed Order as set forth in Chambers Civil Rule 7.

Senior Judge Thomas J. WhelansdcaCRITICAL

Joint motions for continuance must be filed 3 court days before deadline; ex parte applications require diligence and prejudice analysis.

Source text: Except in extraordinary circumstances, joint motions to amend a briefing schedule or a motion hearing date must be filed no later than three (3) court days before the affected date. If the parties are unable to reach an agreement, the party requesting the continuance shall file an ex parte application satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result. In addition, the ex parte application shall state (1) the original date, (2) the number of previous continuance requests and (3) whether previous requests were granted or denied.

Senior Judge Thomas J. WhelansdcaCRITICAL

Continuance requests must be made promptly and filed by Wednesday before Monday hearing.

Source text: All requests for continuance should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk, at 619-557‐2921. If counsel stipulate to the requested continuance, a joint motion stating the reason for the continuance and whether the defendant is in custody shall be filed no later than the Wednesday prior to the Monday hearing. If the defendant is out on bond, an acknowledgment of next court date must be filed with the joint motion. The proposed order should be emailed to efile_whelan@casd.uscourts.gov when the joint motion is filed, and the email’s subject line should contain the case number and defendant’s name.

Visiting D. Thomas FerrarosdcaCRITICAL

Requests to continue ENE, MSC, or VSC require joint call/email to Chambers after meeting and conferring.

Source text: Requests to continue an ENE, MSC, or VSC may be made by placing a joint call or email to Chambers after counsel have met and conferred. The request must be made as soon as counsel is aware of the circumstances warranting a continuance.

Visiting D. Thomas FerrarosdcaCRITICAL

Joint Motion required for continuances/hearing amendments, filed 7+ days before deadline.

Source text: All other requests to continue hearings or to amend the Scheduling Order deadline must be made by Joint Motion, even if the parties are not in agreement, no less than seven (7) days before the affected date. Before filing a Joint Motion for Continuance counsel must meet and confer.

Visiting D. Thomas FerrarosdcaCRITICAL

Joint Motions for Continuance require supporting declarations by counsel.

Source text: Joint Motions for Continuance of Scheduling Order Dates must also include supporting declarations by counsel.

Visiting D. Thomas FerrarosdcaCRITICAL

Scheduling Order modifications require showing of good cause under Fed. R. Civ. P. 16(b).

Source text: The Scheduling Order will not be modified 'except upon a showing of good cause.' Fed. R. Civ. P. 16(b).

Visiting D. Thomas FerrarosdcaCRITICAL

Discovery disputes must be raised within 30 days or are waived unless good cause shown.

Source text: The Court will not rule on a discovery dispute that is brought to the Court’s attention more than 30 days after the date upon which the event giving rise to the dispute occurred absent a showing of good cause. The parties must file a joint motion demonstrating good cause if they seek to extend the 30-day deadline. If the parties do not alert the Court that they are attempting to resolve their dispute, and the 30-day deadline passes, the Court will consider the issue waived and the party will be barred from filing a corresponding discovery motion. The parties cannot extend the deadline by any agreement that is not approved by the Court.

Chief Judge Cynthia A. BashantsdcaWARNING

Shortening time applications require non-conclusory affidavit with good cause.

Source text: Applications for an Order Shortening Time are disfavored and must be supported by a non-conclusory affidavit signed by counsel setting forth facts establishing specific good cause.

Judge Benjamin J. CheekssdcaWARNING

Parties must notify Courtroom Deputy at earliest possible time for continuance requests.

Source text: A party seeking a continuance of a hearing must notify Judge Cheeks' Courtroom Deputy at the earliest possible time.

Judge Benjamin J. CheekssdcaWARNING

Sentencing continuances limited to 60 days and max 2 continuances.

Source text: The Courtroom Deputy may administratively continue sentencing matters where all parties agree, if the case has not been continued twice before, and in no event longer than sixty (60) days from the originally scheduled date.

Judge Benjamin J. CheekssdcaWARNING

Continuance requests should be made by joint motion before hearing, not at hearing.

Source text: Except as provided above, the Court prefers that continuance requests be made by joint motion prior to the scheduled date, and NOT at the time of the hearing.

Judge Benjamin J. CheekssdcaWARNING

Continuance requests should be made by joint motion prior to the hearing, not at the hearing.

Source text: Except as provided above, the Court prefers that continuance requests be made by joint motion prior to the scheduled date, and NOT at the time of the hearing.

Judge Benjamin J. CheekssdcaWARNING

Parties must meet and confer before requesting any continuance or procedural change.

Source text: Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, briefing schedule, or any other procedural change must meet and confer prior to contacting the Court.

Judge Jinsook OhtasdcaWARNING

Witnesses must be available on their scheduled day; out-of-sequence calling may be permitted with notice.

Source text: Lawyers must make every effort to have their witness available on the day the witness is to testify. The Court attempts to accommodate witnesses’ schedules and may permit counsel to call them out of sequence if warranted. Counsel must anticipate any such possibility and discuss it with opposing counsel and the Court. Counsel must promptly alert the Court to any scheduling problems involving witnesses.

Judge Jinsook OhtasdcaWARNING

Late filings may result in continuance without good cause.

Source text: Absent a showing of good cause, any late filings by counsel may result in a continuance, at minimum.

Judge Linda LopezsdcaWARNING

Ex parte motions unopposed within 2 court days may be granted as unopposed.

Source text: Any ex parte motion that is not opposed within two (2) Court days will be considered unopposed and may be granted on that ground.

Judge Ruth Bermudez MontenegrosdcaWARNING

Continuance requests should be made by joint motion before the hearing, not at the hearing.

Source text: The Court prefers that continuance requests be made by joint motion prior to the scheduled date, and NOT at the time of the hearing.

Judge Ruth Bermudez MontenegrosdcaWARNING

Late submissions result in continuance unless waived.

Source text: Failure to meet these deadlines will result in a continuance of the sentencing hearing unless counsel is prepared to waive consideration of the late submissions.

Magistrate Judge Barbara L. MajorsdcaWARNING

Parties must comply with deadlines until continuance is granted.

Source text: The filing of a motion to continue any date or deadline does NOT permit the parties to disregard the challenged date or deadline. Unless and until the Court grants the motion to continue, all parties must continue to comply with all deadlines.

Magistrate Judge Barbara L. MajorsdcaWARNING

72-hour response deadline for meet and confer requests.

Source text: If a party or lawyer fails to respond to opposing counsel's request to meet and confer for more than 72 hours, counsel may contact chambers and request a telephonic conference with the clerk assigned to the case or an appropriate briefing schedule.

Magistrate Judge Daniel E. ButchersdcaWARNING

Scheduling Order deadlines can be continued via Joint Motion for Continuance filed at least 7 days before deadline.

Source text: Parties may make a request to continue a Scheduling Order deadline through a Joint Motion for Continuance. The parties must file the Joint Motion in accordance with Local Rule 7.2 no less than seven (7) days before the affected date.

Magistrate Judge Daniel E. ButchersdcaWARNING

Filing Joint Motion for Continuance does not excuse compliance with existing deadlines until granted.

Source text: The filing of a Joint Motion for Continuance does NOT permit the parties to disregard the current deadlines. Unless and until the Court grants the Joint Motion, the parties must continue to comply with all deadlines in the Scheduling Order.

Magistrate Judge Daniel E. ButchersdcaWARNING

Requests to extend motion cut-off, pre-trial, or trial dates require exceptional circumstances.

Source text: Requests to amend the Scheduling Order that necessitate an extension of the motion filing cut-off, pre-trial conference, and/or trial date are strongly disfavored and require a showing of exceptional circumstances.

Magistrate Judge Guillermo CabrerasdcaWARNING

Deadlines cannot be extended by stipulation; requires leave of court with good cause

Source text: 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.

Magistrate Judge Michael S. BergsdcaWARNING

Excusal requests must be filed 7 days before settlement conference.

Source text: Any request to excuse a required party from personally appearing must be filed at least seven (7) days before the scheduled ENE or settlement conference.

Magistrate Judge Michelle M. PettitsdcaWARNING

Joint motions preferred for scheduling amendments.

Source text: The Court prefers any motion to amend the schedule be brought as a joint motion reflecting the positions of the parties.

Magistrate Judge Michelle M. PettitsdcaWARNING

Failure to respond to meet and confer request for 3+ business days allows contacting Chambers for pre-motion conference.

Source text: 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.

Magistrate Judge Mitchell D. DembinsdcaWARNING

Requests must be filed at least 7 days before hearing for government response.

Source text: 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.

Magistrate Judge Mitchell D. DembinsdcaWARNING

Must confer with opposing counsel before rescheduling ENE

Source text: Counsel seeking to reschedule an ENE or other settlement conference must confer with opposing counsel prior to making the

Magistrate Judge Mitchell D. DembinsdcaWARNING

Motion to extend 30-day deadline required if meet-and-confer extends beyond 30 days.

Source text: 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.

Senior Judge Anthony J. BattagliasdcaWARNING

Requests within 7 days must show excusable neglect for untimeliness

Source text: Requests made fewer than 7 days prior to the date the party seeks to change must address excusable neglect for the request’s untimeliness.

Senior Judge Anthony J. BattagliasdcaWARNING

Court may grant early discovery on case-by-case basis.

Source text: The court may order discovery before a Rule 26(f) conference on a case-by-case basis. Any party in the case may seek leave of court for early discovery.

Senior Judge Anthony J. BattagliasdcaWARNING

Early discovery likely granted for jurisdictional issues, TRO/injunction, evidence preservation, or settlement facilitation.

Source text: Relief from the discovery moratorium is likely to occur in the following circumstances: a. Where some limited discovery is needed to address jurisdictional, venue or other issues in conjunction with a Rule 12 motion; b. Where a deposition is urgent in connection with a temporary restraining order or preliminary injunction; c. Where it is necessary to preserve testimony or other evidence; and, d. Where limited discovery would facilitate early settlement.

Senior Judge Anthony J. BattagliasdcaWARNING

Court has discretion to allow early discovery for good cause.

Source text: The court also has discretion to allow discovery prior to the Rule 26(f) conference if other good cause can be established.

Senior Judge Anthony J. BattagliasdcaWARNING

Early discovery issues handled by magistrate judges; meet and confer required under Local Rule 26.1.

Source text: Issues regarding early discovery are typically handled by magistrate judges. In the Southern District of California, counsel must comply with Local Rule 26.1, the meet and confer requirement, in this regard.

Senior Judge Anthony J. BattagliasdcaWARNING

Early discovery granted if benefit outweighs burden under Rule 26(b)(2)(C) factors.

Source text: Rule 30(a)(2) requires the court to grant the request if it is consistent with the benefit versus burden approach set forth in Rule 26(b)(2)(C), which provides, '(iii) the burden or expense of proposed discovery outweighs its likely benefit, taking into account the needs of the case, the amount in controversy, the parties' resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues.'

Senior Judge Anthony J. BattagliasdcaWARNING

14-day notice is generally reasonable for depositions; 30-day notice required when documents are requested.

Source text: Adequate notice must be 'reasonable' under Rule 30(b)(1). Since a party may seek a protective order under Rule 32(a)(5)(A) within 14 days of notice to prevent a deposition from proceeding, a 14-day notice is, by implication, general guidance for what is 'reasonable.' However, particular facts and circumstances may warrant a longer period. Note that where documents are requested from a party, 30 days' notice is required. Fed. R. Civ. P. 30(b)(2) and 34(b)(2)(A).

Senior Judge Anthony J. BattagliasdcaWARNING

Additional examinations require high showing of good cause.

Source text: But a high showing of good cause is generally required for additional examinations.

Senior Judge Anthony J. BattagliasdcaWARNING

Good cause required for third-party observer at exams.

Source text: Courts will generally demand a showing of good cause by the examinee as to why a third-party observer should be allowed.

Senior Judge Anthony J. BattagliasdcaWARNING

Attorney may attend psychiatric exam if criminal charges and Fifth Amendment concerns.

Source text: A possible exception exists where the examinee’s attorney may be present when the examinee faces criminal charges and there is a concern for protection of the examinee’s Fifth Amendment rights.

Senior Judge Anthony J. BattagliasdcaWARNING

Discovery disputes handled by magistrate judges; objections must be filed within 14 days or right to appeal is waived.

Source text: Discovery disputes are handled by magistrate judges pursuant to Local Civil Rule 72.1.b., Fed. R. Civ. P. 72(a) and 28 U.S.C. § 636(b)(1)(A). Discovery rulings are appealable to the district judge assigned to the case. Any objections to the magistrate judge’s orders must be filed within fourteen (14) days of service of the order. A failure to object within this time will waive any right to appeal the order to the Court of Appeals after the disposition of the case is final in the district court. Fed. R. Civ. P. 72(a); McKeever v. Block, 932 F.2d 795 (9th Cir. 1991). The standard of review is whether the magistrate judge’s order is clearly erroneous or contrary to law. Id.

Senior Judge Anthony J. BattagliasdcaWARNING

Continuance requests require joint motion before plea; sentencing continuances limited to 60 days and 2 prior continuances.

Source text: Prior to a defendant entering into a plea agreement or other type of case resolution, all continuance requests require a joint or unopposed motion to continue. The Courtroom Deputy may administratively continue sentencing matters where all parties agree, if the case has not been continued twice before, and in no event longer than 60 days from the originally scheduled date.

Senior Judge Anthony J. BattagliasdcaWARNING

Late sentencing filings result in continuance unless waived

Source text: Failure to meet these deadlines will result in a continuance of the sentencing hearing unless counsel is prepared to waive consideration of the late submissions.

Senior Judge Anthony J. BattagliasdcaWARNING

Guilty pleas normally go to magistrate; court may take plea with advance clearance.

Source text: In the normal course, all guilty pleas are referred to the magistrate judges. If a case is already on the Court’s calendar and time permits, the Court may take the plea at that time, but only where counsel have cleared the taking of the plea with the courtroom deputy in advance of the hearing.

Senior Judge Anthony J. BattagliasdcaWARNING

Continuance requests must notify Courtroom Deputy at earliest possible time.

Source text: A party seeking a continuance of a hearing must notify Judge Battaglia's Courtroom Deputy at the earliest possible time.

Visiting D. Thomas FerrarosdcaWARNING

Filing Joint Motion for Continuance does not excuse compliance with existing deadlines.

Source text: The filing of a Joint Motion for Continuance does NOT permit the parties to disregard the must continue to comply with all dates and deadlines set forth in the Scheduling Order.

Visiting D. Thomas FerrarosdcaWARNING

Amendments extending pre-trial conference or trial dates may be denied.

Source text: Requests to amend the Scheduling Order may be denied if the proposed amendments necessitate an extension of the final pre-trial conference and/or trial date.

Judge Benjamin J. CheekssdcaINFO

Example: Monday hearing continuance must be filed by 5:00 p.m. Wednesday.

Source text: By way of example, a motion to continue a hearing set for Monday must be filed by 5:00 p.m. on the preceding Wednesday.

Judge Cathy Ann BencivengosdcaINFO

Immediate sentencing available for immigration cases upon request.

Source text: Upon request, the Court will proceed with immediate sentencing in certain immigration cases if it has sufficient information in the record to perform a meaningful exercise of sentencing authority. Such dispositions are encouraged.

Judge Dana M. SabrawsdcaINFO

Immediate sentencing available for immigration cases upon request.

Source text: Upon request, the Court will proceed with immediate sentencing in certain immigration cases if it has sufficient information in the record to perform a meaningful exercise of sentencing authority.

Magistrate Judge Barbara L. MajorsdcaINFO

Conference call must cover dispute details, positions, meet and confer efforts, relief sought, and filing timeline.

Source text: During the conference call, counsel for the parties will be asked to explain: (i) the details of their dispute; (ii) their respective positions; (iii) what meet and confer efforts have taken place; (iv) the precise relief the moving party is seeking; and (v) how soon they can file the motion and opposition.

Magistrate Judge Barbara L. MajorsdcaINFO

Opposing counsel has until 5:00 PM next business day to respond to ex parte applications

Source text: After service of the ex parte application, opposing counsel will ordinarily be given until 5:00 p.m. on the next business day to respond. If more time is needed, opposing counsel must call the law clerk assigned to the case to request additional time.

Magistrate Judge Brian J. WhitesdcaINFO

Opposing counsel has until 5:00 PM next business day to respond to ex parte motions.

Source text: After service of the ex parte motion, opposing counsel will ordinarily be given until 5:00 p.m. on the next business day to respond or contact the assigned law clerk to request additional time.

Magistrate Judge Daniel E. ButchersdcaINFO

ENE/MSC/settlement conferences can be continued by joint call/email to chambers after meet-and-confer.

Source text: Parties may request the continuance of an ENE, MSC, or settlement conference by placing a joint call or sending an email to Chambers after counsel have met and conferred regarding whether the parties agree to the requested continuance. The request must be made as soon as counsel is aware of the circumstances that warrant rescheduling the conference.

Magistrate Judge Michael S. BergsdcaINFO

Opposing counsel has until 5:00 PM next business day to respond to ex parte motions.

Source text: After service of the ex parte motion, opposing counsel will ordinarily be given until 5:00 p.m. on the next business day to respond or contact the assigned law clerk to request additional time.

Magistrate Judge Michael S. BergsdcaINFO

Court will issue order or set hearing on ex parte motions.

Source text: The Court will either issue an order on the written submissions or set a date and time for a hearing.

Senior Judge Anthony J. BattagliasdcaINFO

Certain cases are exempt from discovery stay requirement.

Source text: The cases excluded in Rule 26(a)(1)(E) are exempt from this provision.

Senior Judge Anthony J. BattagliasdcaINFO

Court can shorten the 21-day period between Rule 26(f) and Case Management Conferences by order.

Source text: The court can reduce the time between the Rule 26(f) conference and the Rule 16(b) Case Management Conference to less than 21 days by order.

Senior Judge Anthony J. BattagliasdcaINFO

Parties can hold Rule 26(f) conference earlier than required without court order.

Source text: Nothing prevents the parties, on their own initiative, from convening the Rule 26(f) conference earlier than prescribed by the Rule.

Senior Judge Anthony J. BattagliasdcaINFO

Court may rule on objections in limine or at another setting.

Source text: The court may then rule on the objections in limine or at another setting.

Senior Judge Anthony J. BattagliasdcaINFO

Court must grant leave for additional depositions if consistent with discovery principles.

Source text: Rule 30(a)(2) requires courts grant leave to take additional depositions when consistent with the principles of Rule 26(b)(1) and (2).

Senior Judge Anthony J. BattagliasdcaINFO

Examinations require court discretion, no numerical limit.

Source text: While there is no limit, examinations may be performed only at the court’s discretion.

Senior Judge Anthony J. BattagliasdcaINFO

Court may order multiple concurrent examinations of different types.

Source text: The court may order multiple examinations of different types concurrently.

Senior Judge Anthony J. BattagliasdcaINFO

Court may order repeat exams for incomplete, time-lapsed, or changed conditions.

Source text: The court may order subsequent or repeat examinations where a previous examination was incomplete or limited in scope, or where a significant amount of time has lapsed since a prior examination or a change has been reported in the party’s condition.

Senior Judge William Q. HayessdcaINFO

Motion/Trial Setting hearing scheduled 6 weeks after initial appearance.

Source text: Magistrate Judges will schedule the Motion/Trial Setting hearing on the Monday calendar six weeks after the initial appearance before the Magistrate Judge.

Senior Judge William Q. HayessdcaINFO

Trials generally scheduled 9:00a.m. to 5:00p.m., starting Tuesdays.

Source text: Generally, trials are scheduled from 9:00a.m. to 5:00p.m., beginning on Tuesdays.

Visiting D. Thomas FerrarosdcaINFO

Joint Motion for Continuance follows Local Rule 7.2 format, no proposed order needed.

Source text: A Joint Motion for a Continuance shall be in the form required by Civil Local Rule 7.2 except that it is not necessary for the parties to submit a proposed order.

Common questions about Southern District of California adjournment & extension requirements

How do I request an adjournment or extension in Southern District of California?

Southern District of California rules specify what an adjournment or extension request must include. The request must include joint motion, declaration, and proposed order. Joint motion and proposed order required for agreed continuances.

View ruleSource: page 5, section VI. Continuances