Southern District of California Document Filing Requirements

875 rules from official source documents

Required elements, certificates, and structural requirements for court documents.

CRITICALCivil cases

Applies to: Proposed order
Must include: proposed order

A party wishing to use electronic or audio/visual equipment in court must lodge a proposed order seeking leave at least seven days before the appearance.

At least seven days before the relevant court appearance, a party who wishes to use any electronic or audio/visual equipment in court must lodge a proposed order seeking leave to do so.

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Proposed order

The proposed order must list all equipment and the proposed dates it will be used in court.

The proposed order must itemize all equipment along with the proposed dates for use in court.

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Motion
Must include: certificate of conference

The moving party must include a certification or declaration documenting compliance with the meet-and-confer rule.

The moving party must include a certification or declaration documenting that this rule has been satisfied.

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Certificate of conference

The certification must state the conference date and meeting type.

That certification must include the date of the meet-and-confer conference as well as the type of meeting (in person, videoconference, or other court-approved type).

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Joint statement of undisputed facts

The parties must meet and confer on and file a joint statement of undisputed facts by the reply-brief deadline.

The parties must meet and confer on a joint statement of undisputed facts. By the deadline for the reply brief, the parties must file that joint statement.

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Final pretrial order

The final pretrial order must include proposed verdict forms and voir dire questions and identify any portions that are not unanimously proposed.

In addition to any other requirements, see CivLR 16.1(f)(6), the final pretrial order must include proposed verdict forms and voir dire questions. The parties must specify which portions of the final pretrial order, if any, are not unanimously proposed.

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Motion to seal

A motion seeking to seal redactions must explain the grounds for each redaction in a table.

The parties must explain in a table format the grounds on which they seek to seal each redaction.

Judge Andrew G. Schopler

CRITICALCriminal cases

Applies to: Motion to exclude time

A party seeking to exclude time under the Speedy Trial Act on 'ends of justice' grounds must file a motion setting forth specific facts justifying the exclusion based on the required statutory factors (18 U.S.C. § 3161(h)(7)(B)).

Speedy Trial Act/“Ends of Justice”: Any party seeking to exclude time under the Speedy Trial Act based on the “ends of justice” must file a motion setting forth the specific facts justifying that exclusion based on the required factors. See 18 U.S.C. § 3161(h)(7)(B).

Judge Andrew G. Schopler

CRITICALCriminal cases

Applies to: Pretrial filing
Must include: certificate of conference

The filing party must include a certification or declaration documenting that the meet-and-confer requirement was satisfied, including the date of the meeting.

Certificate of Compliance: The filing party must include a certification or declaration documenting that this rule has been satisfied. That certification must include the date of

Judge Andrew G. Schopler

CRITICALCriminal cases

Applies to: Jury instructions

All parties must submit proposed jury instructions, verdict forms, and voir dire questions; the government must identify jointly proposed items, and the defense need not file if it requests nothing beyond the joint submissions.

All parties must submit proposed jury instructions, verdict forms, and voir dire questions, and the government must specify which, if any, instructions, forms, and questions are jointly proposed. If the defense requests nothing beyond the joint submissions, the defense need not file anything.

Judge Andrew G. Schopler

CRITICALCriminal cases

Applies to: Motion to exclude time
Must include: specific facts justifying exclusion

Speedy Trial Act exclusions require specific factual justification.

Any party seeking to exclude time under the Speedy Trial Act based on the “ends of justice” must file a motion setting forth the specific facts justifying that exclusion based on the required factors. See 18 U.S.C. § 3161(h)(7)(B).

Judge Andrew G. Schopler

CRITICALCriminal cases

Applies to: Request to use electronic or audio visual equipment
Must include: proposed order

A party must submit a proposed order at least seven days before the appearance to use courtroom electronic or audio/visual equipment, and the order must itemize equipment and use dates.

At least seven days before the relevant court appearance, a party who wishes to use any electronic or audio/visual equipment in court must lodge a proposed order seeking leave to do so. The proposed order must itemize all equipment along with the proposed dates for use in court.

Judge Andrew G. Schopler

CRITICALCriminal cases

Applies to: Pretrial filings subject to meet and confer
Must include: certificate of conference

Filings subject to the meet-and-confer rule must include a certification or declaration confirming compliance.

The filing party must include a certification or declaration documenting that this rule has been satisfied.

Judge Andrew G. Schopler

CRITICALCriminal cases

Applies to: Proposed jury instructions verdict forms voir dire questions

Parties must submit proposed jury instructions, verdict forms, and voir dire questions, with a limited defense exception when only joint submissions are requested.

Judge Andrew G. Schopler

CRITICALCriminal cases

Applies to: Peremptory strikes
Must include: judge name

Peremptory strikes must be submitted simultaneously in writing, double-blind.

The parties must submit their peremptory strikes simultaneously in writing, in double-blind fashion.

Judge Andrew G. Schopler

CRITICALCriminal cases

Applies to: Motion to seal

A sealing motion must provide table-form, particularized grounds for each redaction and cannot rely on generalized privilege assertions.

The parties must explain in a table format the grounds on which they seek to seal each redaction. Motions that merely recite a general privilege category, or that do not provide a particularized explanation for every piece of information sought to be sealed, will be summarily denied.

Judge Andrew G. Schopler

CRITICALCriminal cases

Applies to: Filing
Must include: certificate of conference

The filing party must include a certification or declaration documenting compliance with the meet-and-confer rule.

The filing party must include a certification or declaration documenting that this rule has been satisfied.

Judge Andrew G. Schopler

CRITICALCriminal cases

Applies to: Motion
Must include: specific facts justifying exclusion

A party seeking an ends-of-justice exclusion under the Speedy Trial Act must file a motion stating the specific facts justifying exclusion under the required factors.

Judge Andrew G. Schopler

CRITICALCriminal cases

Applies to: Proposed order
Must include: proposed order

A party wishing to use electronic or audio/visual equipment in court must lodge a proposed order seeking leave at least seven days before the appearance.

At least seven days before the relevant court appearance, a party who wishes to use any electronic or audio/visual equipment in court must lodge a proposed order seeking leave to do so.

Judge Andrew G. Schopler

CRITICALCriminal cases

Applies to: Proposed order

The proposed order must list all equipment and the proposed dates for its use in court.

The proposed order must itemize all equipment along with the proposed dates for use in court.

Judge Andrew G. Schopler

CRITICALCriminal cases

Applies to: Proposed order

The signed order must be presented to security personnel when approved equipment is brought into the courthouse.

When approved equipment is brought into the courthouse, the signed order must be presented to security personnel.

Judge Andrew G. Schopler

CRITICALCriminal cases

Applies to: Jury instructions

All parties must submit proposed jury instructions, verdict forms, and voir dire questions; the government must identify any jointly proposed items.

All parties must submit proposed jury instructions, verdict forms, and voir dire questions, and the government must specify which, if any, instructions, forms, and questions are jointly proposed.

Judge Andrew G. Schopler

CRITICALCriminal cases

Applies to: Motion to seal

The parties must provide a table explaining the grounds for each redaction they seek to seal.

The parties must explain in a table format the grounds on which they seek to seal each redaction.

Judge Andrew G. Schopler

CRITICAL

Applies to: Motion
Must include: certificate of conference

The moving party must include a certification or declaration documenting compliance with the meet-and-confer rule.

The moving party must include a certification or declaration documenting that this rule has been satisfied.

Judge Andrew G. Schopler

CRITICAL

Applies to: Motion

A sealing motion must explain in a table the grounds for sealing each redaction.

The parties must explain in a table format the grounds on which they seek to seal each redaction.

Judge Andrew G. Schopler

CRITICAL

Applies to: Motion

A sealing motion must provide a particularized explanation for each piece of information sought to be sealed; merely reciting a general privilege category is insufficient.

Motions that merely recite a general privilege category, or that do not provide a particularized explanation for every piece of information sought to be sealed, will be summarily denied.

Judge Andrew G. Schopler

CRITICAL

Applies to: Proposed order
Must include: proposed order

A party wishing to use electronic or audio/visual equipment in court must lodge a proposed order seeking leave at least seven days before the appearance.

At least seven days before the relevant court appearance, a party who wishes to use any electronic or audio/visual equipment in court must lodge a proposed order seeking leave to do so.

Judge Andrew G. Schopler

CRITICAL

Applies to: Proposed order

The proposed order for courtroom equipment must itemize all equipment and state the proposed dates of use.

The proposed order must itemize all equipment along with the proposed dates for use in court.

Judge Andrew G. Schopler

CRITICAL

Applies to: Motion

The compliance certification must state the conference date and meeting type.

That certification must include the date of the meet-and-confer conference as well as the type of meeting (in person, videoconference, or other court-approved type).

Judge Andrew G. Schopler

CRITICAL

Applies to: Motion
Must include: proposed order

The Court may grant a joint dismissal motion retaining jurisdiction if it includes the fully executed magistrate-judge consent and the required language in both the motion and proposed order.

But the Court may grant a joint motion to dismiss that contains a jurisdiction-retaining provision if: (i) it is accompanied by a fully executed Consent to Exercise of Jurisdiction by a United States Magistrate Judge covering all disputes arising out of the settlement agreement; and (ii) the joint motion and proposed order include this language: “The Magistrate Judge shall retain jurisdiction over all disputes between and among the parties arising out of the settlement agreement, including but not limited to the interpretation and enforcement of that agreement’s terms.”

Judge Andrew G. Schopler

CRITICAL

Applies to: Final pretrial order

The final pretrial order must include proposed verdict forms and voir dire questions.

In addition to any other requirements, see CivLR 16.1(f)(6), the final pretrial order must include proposed verdict forms and voir dire questions.

Judge Andrew G. Schopler

CRITICAL

Applies to: Final pretrial order

The parties must identify any portions of the final pretrial order that are not unanimously proposed.

The parties must specify which portions of the final pretrial order, if any, are not unanimously proposed.

Judge Andrew G. Schopler

CRITICAL

Applies to: Exhibits

Foreign-language exhibits must include a translation and either a stipulation agreeing to it or a declaration that a court-approved translator translated it.

Any foreign-language exhibits must be accompanied by a translation and either: (a) a stipulation that the parties agree to the translation; or (b) a declaration that the exhibit was translated by a court-approved translator.

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Electronic equipment request
Must include: proposed order

7-day notice required for electronic equipment in court.

At least seven days before the relevant court appearance, a party who wishes to use any electronic or audio/visual equipment in court must lodge a proposed order seeking leave to do so.

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Transcript

Transcripts/exhibits must be provided to opposing party before court appearance.

A party relying on a transcript or an audio/visual exhibit for court must provide the transcript or exhibit to the other side sufficiently before the relevant court appearance to allow the parties to meet and confer on any possible redactions or portions to be shown or heard.

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Foreign language testimony
Must include: interpreter arranged

Presenting party must arrange for foreign-language interpreters.

It is the sole responsibility of the party presenting foreign-language testimony to arrange for an interpreter.

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Electronic equipment request
Must include: signed order

Signed order must be presented to security for approved equipment.

When approved equipment is brought into the courthouse, the signed order must be presented to security personnel.

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Electronic equipment request
Must include: proposed order

Proposed order must list all equipment and dates.

The proposed order must itemize all equipment along with the proposed dates for use in court.

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Peremptory strikes
Must include: judge name

Peremptory strikes must be submitted simultaneously in double-blind fashion.

The parties must submit their peremptory strikes simultaneously in writing, in double-blind fashion.

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Settlement notification
Must include: immediate notification

Immediate notification required when case settles.

If a case settles, the parties must immediately notify this Court and the assigned Magistrate Judge.

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Motion to seal

Sealing motions must include a table explaining the basis for each requested redaction.

The parties must explain in a table format the grounds on which they seek to seal each redaction.

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Motion
Must include: certificate of conference

A motion must include a certification/declaration confirming meet-and-confer compliance.

The moving party must include a certification or declaration documenting that this rule has been satisfied.

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Motion to seal

Sealing motions must provide a particularized justification for each item to be sealed.

Motions that merely recite a general privilege category, or that do not provide a particularized explanation for every piece of information sought to be sealed, will be summarily denied.

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Final pretrial order

Parties must identify any non-unanimously proposed portions of the final pretrial order.

The parties must specify which portions of the final pretrial order, if any, are not unanimously proposed.

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Settlement
Must include: jurisdiction retention, consent to jurisdiction

Jurisdiction retention allowed with specific consent and language.

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Foreign language exhibit
Must include: translation

Foreign-language exhibits must be accompanied by translation.

Any foreign-language exhibits must be accompanied by a translation.

Judge Andrew G. Schopler

CRITICALCivil cases

Speaking objections are prohibited; limit objections to legal basis.

Speaking objections are prohibited. Unless the Court invites further explanation, counsel will limit all objections to their legal basis, such as, “Objection, hearsay.”

Judge Andrew G. Schopler

CRITICALCivil cases

Applies to: Final pretrial order

The final pretrial order must include proposed verdict forms and voir dire questions.

In addition to any other requirements, see CivLR 16.1(f)(6), the final pretrial order must include proposed verdict forms and voir dire questions.

Judge Andrew G. Schopler

CRITICALCriminal cases

Applies to: Motion

All motions and ex parte applications require a non-conclusory declaration with specific reasons.

Counsel shall submit an accompanying declaration on ALL motions and ex parte applications, including request for extraordinary relief. The motion/application and accompanying declaration must be non-conclusory and must plainly set forth (in detail) the specific reasons for the request.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Local rule 16 1 report

Local Rule 16.1 report of counsel must be on file with discovery timetable and Rule 16 expert disclosure.

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. Cheeks

CRITICALCriminal cases

Applies to: Criminal case

Attorneys must confer within 14 days after arraignment to agree on timetable.

Not later than fourteen (14) calendar days after the arraignment on an Indictment or Information, the attorney for the defendant(s) and the attorney for the government must confer and attempt to agree on a timetable and

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Discovery timetable

Discovery timetable and Rule 16 expert disclosure must be submitted 7 days before first motion hearing.

Not later than seven (7) calendar days prior to the first motion hearing, the parties must inform the Court in writing of 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.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Witness exhibit lists

Witness and exhibit lists due 7 days before trial.

The parties must file witness and exhibit lists seven (7) days prior to the date of the trial, unless otherwise ordered by the Court.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Witness availability

All witnesses must be present or readily available at trial start.

All witnesses must be present at the start of trial or readily available to take the stand.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Motion to seal
Must include: next scheduled hearing date

Motions to seal must include next scheduled hearing date.

The motion must state the date of the next scheduled hearing in the case.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Criminal motion

Criminal motions requiring factual findings must be supported by declaration(s).

Criminal motions requiring a predicate factual finding must be supported by declaration(s). See CrimLR 47.1.g.1.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Audio video exhibits
Must include: mutual agreement, table of contents

Table of contents and mutual agreement required for thumb drives.

Counsel must create a table of contents and mutually agree upon the contents of each thumb drive.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Video audio exhibits
Must include: stipulated transcript

Stipulated transcript required for all video/audio exhibits.

The Court Reporter will not transcriber any videos or audio tapes. Consequently, the parties must provide a stipulated transcript of videos or audio tapes.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Audio video exhibits
Must include: discs prohibited, thumb drive required

Thumb drives required for audio/video exhibits; discs prohibited.

All audio and video exhibits to be entered into evidence will be submitted to the jury on a thumb drive. Discs will no longer be accepted.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Audio video exhibits
Must include: jury review, record preservation, two thumb drives required

Two thumb drives required: one for record, one for jury.

Counsel will need to create two thumb drives; one of which will include all marked and admitted exhibits that will be preserved for the record and the second will be a thumb drive containing only admitted exhibits which will be given to the jury for their review.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Discovery timetable

Parties must submit written discovery timetable 7 days before first motion hearing.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Motion

Criminal motions requiring factual findings must include supporting declarations.

Criminal motions requiring a predicate factual finding must be supported by declaration(s). See CrimLR 47.1.g.1. The Court need not grant an evidentiary hearing where either party fails to properly support its motion or opposition.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Motion

Motions to modify or terminate supervised release must include statements of positions from the U.S. Attorney's Office and U.S. Probation Officer.

Motions and Joint Motions to Modify or Terminate supervised release conditions or the term, must include a statement regarding the positions of the United States Attorney's Office and the United States Probation Officer supervising the defendant.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Motion

ALL motions and ex parte applications must include a non-conclusory declaration detailing specific reasons.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Proposed order

All proposed orders and other documents submitted to the Court should be emailed to efile_cheeks@casd.uscourts.gov in Microsoft Word format. Documents submitted in Word Perfect will be rejected by the Court.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Motion

Motions to seal must include description of documents, legal standard analysis, supporting affidavits, the documents themselves, and the next hearing date.

Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); (3) affidavits or declarations in support of the motion; and (4) the documents to be sealed. The motion must state the date of the next scheduled hearing in the case.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Jury instructions

Joint jury instructions required with separate objections.

Counsel must meet and confer and submit a joint set of agreed jury instructions. Counsel must also submit a separate set of any instructions they propose to which there is an objection.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Motion to modify terminate supervised release

Motions to modify/terminate supervised release must include positions of USAO and Probation Officer.

Motions and Joint Motions to Modify or Terminate supervised release conditions or the term, must include a statement regarding the positions of the United States Attorney’s Office and the United States Probation Officer supervising the defendant.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Witness examination

Witness examination must be done from the podium.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Motion
Must include: caption

Motions must set hearing date 35 days from filing; include 'NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT' in caption.

Parties filing a noticed motion must set the hearing date to be thirty-five (35) days from the motion’s filing date.1 Parties should not contact chambers for a motion hearing date. Opposition and reply briefs are due based on the noticed date.2 The hearing date on a motion does not indicate a date when appearances are necessary; rather, it sets the briefing schedule for the motion pursuant to the applicable local rules. Consequently, the filing party should not specify a hearing time on its motion and must include the following language in the caption of the motion: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Proposed order
Must include: proposed order

Proposed orders required with all joint/ex parte motions, no watermarks or firm insignia.

Proposed orders must be submitted simultaneously with the filing of all joint motions or ex parte motions. As stated above, do not include any watermarks or firm insignia on proposed orders.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Proposed order
Must include: proposed order

Proposed orders for continuances must be emailed in Word format with specific content and no watermarks.

The parties must also e- mail a proposed order in Word format to efile_cheeks@casd.uscourts.gov. The proposed order must set forth the current date scheduled, and the new date proposed. Additionally, do not include any watermarks or firm insignia on proposed orders.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Trial procedure

Do not enter the well except during voir dire, opening, and closing.

Do not enter the well, except during voir dire, opening statement and closing argument.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Motion for reconsideration

Reconsideration motions must address federal standard and not relitigate previously ruled arguments.

The motion for reconsideration will specifically address federal standard applicable to motions for reconsideration and the requirements outlined in Civil Local Rule 7.1(i)(1), and will not reallege arguments previously considered and ruled upon by the Court;

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Witness examination

Conduct all examination of witnesses from the podium.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Summary judgment opposition
Must include: evidentiary and procedural objections

Evidentiary/procedural objections must be filed with opposition brief.

Any evidentiary and procedural objections to the motion for summary judgment must be filed contemporaneously with the opposition brief.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Summary judgment reply
Must include: evidentiary and procedural objections

Moving party must file objections to opposition with reply brief.

Similarly, the moving party must file any evidentiary and procedural objections to the opposition brief contemporaneously with its reply brief.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Summary judgment opposition
Must include: response to separate statement

Opposition briefs must respond to the moving party's separate statement.

Any opposition to a summary judgment motion must include a response to the moving party's separate statement of undisputed material facts.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Motion
Must include: briefing

All motions for temporary restraining orders must be briefed.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Joint pretrial conference order
Must include: verdict forms, proposed jury instructions

Proposed jury instructions and verdict forms must be filed with joint pretrial conference order.

The parties must file proposed jury instructions and verdict forms with their joint pretrial conference order, unless otherwise ordered by the Court and email a copy in Word format to efile_cheeks@casd.uscourts.gov.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Proposed voir dire questions

If counsel wish to expand the scope of the judge’s initial voir dire, they may file proposed voir dire questions no later than seven (7) days before the date of trial, unless otherwise ordered by the Court.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Motion

Motions must include 'NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT' in caption.

The filing party should not specify a hearing time on its motion and must include the following language in the caption of the motion: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Ex parte motion

Ex parte motions require meet and confer with opposing party and declaration documenting contact efforts, meet and confer, and opposing position.

Before filing any ex parte motion, counsel must contact the opposing party to meet and confer regarding the subject of the ex parte motion. All ex parte motions will be accompanied by a declaration from counsel documenting; (1) efforts to contact opposing counsel; (2) counsel's meet and confer efforts; and (3) opposing counsel's position regarding the ex parte motion.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Ex parte motion

Ex parte motions must be served on opposing counsel via fax, email with return receipt, or overnight mail.

Any ex parte motion filed with the Court must be served on opposing counsel via facsimile, electronic mail with return receipt requested, or overnight mail.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Joint motion
Must include: court signature

All stipulations must be filed as joint motions and signed by the Court.

Pursuant to Section 2(f)(4) of the ECF Manual, all stipulations must be filed as joint motions. Joint motions must be signed by the Court to have legal effect.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Witness and exhibit lists

Witness and exhibit lists must be filed 7 days before trial.

Parties must file witness and exhibit lists seven (7) days prior to trial date, unless otherwise ordered by the Court.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Motion

All motions for temporary restraining orders must be briefed.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Summary judgment motion
Must include: separate statement of undisputed material facts

Summary judgment motions require a separate statement of undisputed material facts.

All motions for summary judgment must be accompanied by a separate statement of undisputed material facts.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Summary judgment motion
Must include: separate statement of undisputed material facts

Failure to include required statement results in discrepancy order.

If the moving party fails to submit a separate statement of undisputed material facts with the moving papers, the Court will issue a discrepancy order rejecting the motion for summary judgment to discrepant for failing to comply with this Chambers requirement.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Joint motion to dismiss
Must include: proposed order

Parties must file Joint Motion to Dismiss and email proposed order within 28 days of settlement unless filing Notice of Dismissal under FRCP 41(a)(1).

Unless a "Notice of Dismissal" is filed under Federal Rule of Civil Procedure 41(a)(1), for which a court order is not required, the parties must file a "Joint Motion to Dismiss" and email a proposed order to this Court within twenty-eight days of settlement.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Witness examination

Only one lawyer per party may examine a witness and make objections.

Where a party has more than one lawyer, only one lawyer may conduct the examination of a given witness and that lawyer alone may make objections concerning that witness.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Joint motion to dismiss
Must include: filing deadline, settlement notification

Settlement requires immediate notice and joint motion to dismiss within 28 days.

If the parties settle a case, counsel must immediately notify this Court and the magistrate judge of the settlement. Unless a “Notice of Dismissal” is filed under Federal Rule of Civil Procedure 41(a)(1), for which a court order is not required, the parties must file a “Joint Motion to Dismiss” and email a proposed order to this Court within twenty-eight days of settlement.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Motion

Summary judgment motions must include a separate statement of undisputed material facts in table format.

All motions for summary judgment must be accompanied by a separate statement of undisputed material facts.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Ex parte motion
Must include: declaration documenting meet and confer

Ex parte motions require declaration documenting meet and confer efforts.

All ex parte motions will be accompanied by a declaration from counsel documenting; (1) efforts to contact opposing counsel; (2) counsel's meet and confer efforts; and (3) opposing counsel's position regarding the ex parte motion.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Motion to seal
Must include: document description, legal standard analysis, supporting affidavits or declarations

Seal motions must include document description, legal analysis, and supporting affidavits.

Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); and (3) affidavits or declarations in support of the motion.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Objections

Objections must state only the legal ground.

When objecting, state only the legal ground for the objection, e.g., “Objection, hearsay.”

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Daubert motion

Daubert motions must be filed by dispositive motion deadline, not as motions in limine.

Motions addressing the qualifications or testimony of a proposed expert must be brought by the dispositive motion hearing cut-off. They will not be entertained as motions in limine.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Joint proposed pretrial order
Must include: filing deadline, email submission

Joint proposed pretrial order required 14 days before pretrial conference.

Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties lodge by email to chambers (efile_cheeks@casd.uscourts.gov) a joint proposed pretrial order at least fourteen (14) days before the pretrial conference. The proposed pretrial order must strictly comply with the requirements set forth in Civil Local Rule 16.1(f)(6)(c). All parties are required to cooperate in completing the proposed pretrial order.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Sur reply

Sur-replies prohibited unless court grants leave.

Sur-replies are not allowed unless leave of Court has been granted.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Summary judgment reply

The moving party must file objections to the opposition brief with its reply brief.

Similarly, the moving party must file any evidentiary and procedural objections to the opposition brief contemporaneously with its reply brief.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Motion

An objection to a magistrate judge’s discovery ruling must be filed as a motion under Civil Local Rule 7.1.

Any objection to a discovery ruling of the magistrate judge must be filed as a motion pursuant to Civil Local Rule 7.1.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Motion

The filing party should omit a hearing time and must put “NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT” in the motion caption.

Consequently, the filing party should not specify a hearing time on its motion and must include the following language in the caption of the motion: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Motion
Must include: legal argument

Counsel must meet and confer and notify the Court of an oral-argument request by written pleading at least seven days before the hearing.

Counsel must meet and confer on this issue and advise the Court of their request for oral argument no less than seven (7) days before the hearing by written pleading.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Proposed order

A continuance or extension request must be accompanied by a detailed declaration, and the proposed order must be emailed in Word format with the scheduled and proposed dates and without watermarks or firm insignia.

on the docket with a detailed declaration explaining the reasons for the requested continuance or extension of time. The parties must also e- mail a proposed order in Word format to efile_cheeks@casd.uscourts.gov. The proposed order must set forth the current date scheduled, and the new date proposed. Additionally, do not include any watermarks or firm insignia on proposed orders.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Motion
Must include: proposed order

Proposed orders must be submitted with joint and ex parte motions, except motions requiring legal analysis; the orders should be emailed in Word format without watermarks or firm insignia.

Proposed orders must be submitted simultaneously with the filing of all joint motions or ex parte motions. As stated above, do not include any watermarks or firm insignia on proposed orders. The proposed order should be emailed to efile_cheeks@casd.uscourts.gov in Word format. Counsel are not required to submit proposed orders on motions requiring legal analysis (i.e., motions for summary judgment, 12(b) motions, etc.).

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Motion

A motion for reconsideration must be filed as a noticed motion.

Movant must file the motion for reconsideration as a noticed motion;

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Motion

A reconsideration motion must address the applicable federal standard and Civil Local Rule 7.1(i)(1), and may not reallege arguments already considered and ruled upon.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Summary judgment motion

Every summary judgment motion must include a separate statement of undisputed material facts.

All motions for summary judgment must be accompanied by a separate statement of undisputed material facts.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Summary judgment motion

Failure to submit the separate statement with the moving papers will result in a discrepancy order rejecting the motion as discrepant and may require a new hearing date.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Summary judgment opposition

An opposition to a summary judgment motion must respond to the moving party’s separate statement of undisputed material facts.

Any opposition to a summary judgment motion must include a response to the moving party’s separate statement of undisputed material facts.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Summary judgment opposition

Evidentiary and procedural objections to a summary judgment motion must be filed with the opposition brief.

Any evidentiary and procedural objections to the motion for summary judgment must be filed contemporaneously with the opposition brief.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Ex parte motion

Every ex parte motion must include counsel’s declaration describing contact efforts, meet-and-confer efforts, and opposing counsel’s position.

All ex parte motions will be accompanied by a declaration from counsel documenting; (1) efforts to contact opposing counsel; (2) counsel’s meet and confer efforts; and (3) opposing counsel’s position regarding the ex parte motion.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Motion to seal

A motion to seal must identify the documents or portions sought to be sealed, explain the applicable legal standard and its satisfaction, and include supporting affidavits or declarations.

Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); and (3) affidavits or declarations in support of the motion.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Stipulation

All stipulations must be filed as joint motions.

Pursuant to Section 2(f)(4) of the ECF Manual, all stipulations must be filed as joint motions.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Joint motion

A joint motion has legal effect only if signed by the Court.

Joint motions must be signed by the Court to have legal effect.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Pretrial order

The parties must email chambers a joint proposed pretrial order at least 14 days before the pretrial conference.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Pretrial order

The proposed pretrial order must strictly comply with Civil Local Rule 16.1(f)(6)(c).

The proposed pretrial order must strictly comply with the requirements set forth in Civil Local Rule 16.1(f)(6)(c).

Judge Benjamin J. Cheeks

CRITICALCivil cases

Until the Court approves a telephonic appearance, the party must arrange for a colleague to appear on their behalf.

Until the Court grants permission for telephonic appearance, the party needing to appear telephonically must arrange to have a colleague appear on his or her behalf.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Motion
Must include: certificate of conference

Motions in limine papers must confirm counsel's good-faith attempt to resolve the issues through meet and confer.

Counsel must confirm their good faith attempt to resolve the issues through the meet and confer process in their motion papers.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Joint pretrial conference order
Must include: proposed order

The parties must file proposed jury instructions and verdict forms with their joint pretrial conference order and email a Word-format copy, unless the Court orders otherwise.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Applies to: Jury instructions

Counsel must meet and confer and submit one joint set of agreed jury instructions, plus a separate set of proposed instructions to which there is an objection.

Counsel must meet and confer and submit a joint set of agreed jury instructions. Counsel must also submit a separate set of any instructions they propose to which there is an objection.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Exhibit

Counsel must create a table of contents and mutually agree on the contents of each thumb drive.

Counsel must create a table of contents and mutually agree upon the contents of each thumb drive.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Continuance request

For a continuance request, the Local Rule 16.1 report, specified discovery timetable, proposed expert-disclosure timing, and any disagreements must already be on file.

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. Cheeks

CRITICALCriminal cases

Applies to: Reply brief

A party must obtain leave of court to file a reply brief or other supplemental document concerning a pending motion.

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.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Motion

The motion or application and its accompanying declaration must be non-conclusory and explain the specific reasons for the request in detail.

The motion/application and accompanying declaration must be non-conclusory and must plainly set forth (in detail) the specific reasons for the request.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Motion

Counsel must submit an accompanying declaration with every motion and ex parte application, including requests for extraordinary relief.

Counsel shall submit an accompanying declaration on ALL motions and ex parte applications, including request for extraordinary relief.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Application to shorten time

Applications to shorten time are disfavored and must include a non-conclusory affidavit signed by counsel stating facts establishing specific good cause.

Applications for an order shortening time are disfavored, however, must be supported by a non- conclusory affidavit signed by counsel setting forth facts establishing specific good cause.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Motion

A criminal motion requiring a predicate factual finding must be supported by one or more declarations.

Criminal motions requiring a predicate factual finding must be supported by declaration(s). See CrimLR 47.1.g.1.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Application for court order

Counsel seeking probation-office documents must first confer with the probation officer and, if there is no objection, apply for a court order authorizing release.

Where counsel wish to access documents in the possession of the United States Probation Office in connection with sentencing, they must confer with the probation officer to determine what documents are in fact available and whether the probation officer has any objection to their disclosure. Where no objection exists, counsel must then file an application for a court order authorizing the probation officer to release the documents.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Sentencing letters

A party may not submit more than ten sentencing letters without leave of Court.

No party shall submit more than ten sentencing letters without leave of Court.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Sentencing memorandum

When the parties waive a presentence report, Government counsel must file a sentencing memorandum addressing the offenses and supervised-release recommendations, except in illegal-entry cases.

Where the parties waive a presentence report, except those where the charge is illegal entry, Government counsel must file a sentencing memorandum detailing: (1) the circumstances of the offense(s), and (2) any recommendations for supervised release.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Motion to seal

A motion to seal must identify the material sought to be sealed, explain the applicable legal standard and its application, include supporting affidavits or declarations and the documents to be sealed, and state the next scheduled hearing date.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Jury instructions

Counsel must meet and confer, submit one joint set of agreed jury instructions, and separately submit proposed instructions that are objected to.

Counsel must meet and confer and submit a joint set of agreed jury instructions. Counsel must also submit a separate set of any instructions they propose to which there is an objection.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Exhibit

The parties must provide a stipulated transcript for videos or audio tapes because the Court Reporter will not transcribe them.

Consequently, the parties must provide a stipulated transcript of videos or audio tapes.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Motion

Motions and joint motions to modify or terminate supervised release must state the positions of the U.S. Attorney’s Office and the supervising U.S. Probation Officer.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Motion to modify bail

A motion to modify bail must include the consent or position of the U.S. Attorney’s Office, the sureties, and the assigned Pretrial Services Officer.

Any Motion to Modify Bail must include the consent or position of the U.S. Attorney’s Office, the sureties, and the assigned Pretrial Services Officer.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Applies to: Sentencing summary chart

Sentencing summary charts must be filed 7 days before sentencing hearing.

All counsel shall adhere strictly to Criminal Local Rule 32.1(a)(9), which provides that completed sentencing summary charts must be filed no later than seven (7) days prior to a scheduled sentencing hearing.

Judge Cathy Ann Bencivengo

CRITICALCriminal cases

Applies to: Jury instructions
Must include: proposed order

The parties should each submit proposed jury instructions to the Court five (5) court days before trial, unless otherwise ordered by the Court. Supplemental instructions must be filed and served as soon as the need for them becomes apparent.

Judge Cathy Ann Bencivengo

CRITICALCivil cases

Applies to: Proposed order

Proposed orders only for non-dispositive procedural motions; email in Word format to specified address.

Proposed orders will only be submitted on non-dispositive, procedural motions in accordance with Section 2(h) of the ECF Manual. Counsel should email proposed orders in Word format directly to efile_bencivengo@casd.uscourts.gov.

Judge Cathy Ann Bencivengo

CRITICALCivil cases

Applies to: Ex parte motion

Ex parte motions must be served on opposing counsel and unopposed motions may be granted after 2 court days.

Any ex parte motion filed with the Court will be served on opposing counsel via fax, electronic mail with return receipt requested, or overnight mail. Ex parte motions that are not opposed within two Court days will be considered unopposed and may be granted on that ground.

Judge Cathy Ann Bencivengo

CRITICALCriminal cases

Applies to: Proposed order
Must include: proposed order

Parties should submit all proposed orders to the Court’s e-mail address in Word format to efile_bashant@casd.uscourts.gov. Joint motions to continue hearings are exempt and do not require proposed orders.

Judge Cynthia A. Bashant

CRITICALCriminal cases

Applies to: Motion
Must include: declarations

Motions requiring factual findings must be supported by declarations.

Criminal motions requiring a predicate factual finding shall be supported by declaration(s). See Crim. L.R. 47.1(g)(1). The Court need not grant an opposition.

Judge Cynthia A. Bashant

CRITICALCriminal cases

Applies to: Trial procedures
Must include: witness availability

Witnesses must be present at trial start or readily available.

All witnesses must be present at the start of trial or readily available to take the stand. It is not acceptable for a jury to wait while counsel attempts to locate a witness.

Judge Cynthia A. Bashant

CRITICALCriminal cases

Applies to: Voir dire

Counsel may file proposed voir dire questions and verdict forms no later than three court days before the date of trial.

Judge Cynthia A. Bashant

CRITICALCriminal cases

Applies to: Trial procedures
Must include: objection procedures

Objections must state only legal grounds, no speaking objections.

When objecting, state only the legal ground for the objection, e.g., “objection, hearsay.” Speaking objections are not permitted, unless the Court requests further information from counsel.

Judge Cynthia A. Bashant

CRITICALCriminal cases

Applies to: Trial procedures
Must include: interpreter arrangements

Counsel must arrange interpreters through Interpreter Services Department.

Notify the Court if an interpreter is needed. It is counsel’s responsibility to make arrangements with the Interpreter Services Department at (619) 557-5172.

Judge Cynthia A. Bashant

CRITICALCriminal cases

Applies to: Trial procedures
Must include: courtroom procedures

Please do not enter the well, except during voir dire, opening statements and closing argument. When addressing the jury, do not come any closer than the edge of the Court Reporter’s desk. Conduct all examination of witnesses from the lectern and please seek permission from the Court before approaching any witness. Also, please keep your visit to the witness stand brief. For example, quickly orient the witness with an exhibit and return to the lectern.

Judge Cynthia A. Bashant

CRITICALCriminal cases

Applies to: Trial procedures
Must include: witness instructions

Counsel must instruct witnesses not to discuss case with jurors.

It is also counsel’s responsibility to instruct witnesses and parties not to discuss their testimony or discuss the case outside of court in the presence of any jurors or in any location where jurors may overhear.

Judge Cynthia A. Bashant

CRITICALCriminal cases

Applies to: Trial procedures
Must include: pre marking, exhibit lists

Government counsel must provide exhibit/witness lists and pre-mark exhibits on first trial day.

Government counsel must provide a list of exhibits and witnesses, and give 3 copies to the courtroom deputy on the first day of trial. All exhibits must be pre-marked on the first day of trial. Exhibit stickers may be obtained from the Clerk of the Court in advance of trial, or exhibits may be marked electronically with the case number and exhibit numbers.

Judge Cynthia A. Bashant

CRITICALCriminal cases

Applies to: Trial procedures
Must include: evidence transcripts

Parties must provide stipulated transcript for video/audio evidence.

Consequently, the parties must provide a stipulated transcript of the video or audio tape.

Judge Cynthia A. Bashant

CRITICALCriminal cases

Applies to: Trial brief

The parties may submit trial briefs no later than five court days before the date of trial concerning all significant disputed issues of law, including any and all foreseeable procedural and evidentiary issues with citation of relevant statutes, ordinances, rules, cases, and other authorities. See Crim. L.R. 23.1.

Judge Cynthia A. Bashant

CRITICALCriminal cases

Applies to: Trial procedures
Must include: single lawyer examination

Only one lawyer per party may examine a witness and make objections.

When a party has more than one lawyer, only one lawyer may conduct the examination of a given witness and that lawyer alone may make objections concerning that witness.

Judge Cynthia A. Bashant

CRITICALCivil cases

Applies to: Motion

Include “NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT” in motion caption.

Parties must also include the following language in the caption of their motions directly underneath the hearing date, unless notified otherwise by the Court: “NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.”

Judge Cynthia A. Bashant

CRITICALCivil cases

Applies to: Notice of motion
Must include: certificate of conference

Notice of motion must state conference date if motion is filed.

If the parties are unable to reach a resolution that eliminates the need to file the anticipated motion, counsel for the moving party must include in the notice of motion a statement to the following effect: "This motion is made following the conference of counsel that took place on [date]."

Judge Cynthia A. Bashant

CRITICALCivil cases

Applies to: Proposed order
Must include: proposed order

Proposed orders must be in Word format, without filer info or “proposed” in caption.

Any proposed orders must be submitted in Word format simultaneously with all motions. In accordance with Section 2(h) of the ECF Manual, proposed orders must not contain the name and law firm information of the filing party, and must not contain the word “proposed” in the caption.

Judge Cynthia A. Bashant

CRITICALCivil cases

Applies to: Proposed order
Must include: proposed order

Do not file proposed orders or signature documents on the docket.

Proposed orders or other documents requiring the judge’s signature must not be filed on the docket.

Judge Cynthia A. Bashant

CRITICALCivil cases

Applies to: Joint statement of undisputed material facts
Must include: joint statement, email submission

Joint statement of undisputed facts required 10 days before hearing.

No later than ten days before the hearing date, the parties must meet and confer in person or by telephone to arrive at a joint statement of undisputed material facts, which must be filed no later than the reply brief. The parties must also email the joint statement in Word format to efile_bashant@casd.uscourts.gov.

Judge Cynthia A. Bashant

CRITICALCivil cases

Applies to: Opposition brief
Must include: objections to motion evidence

Objections must be in opposition or reply brief, no separate statements.

Objections to evidence submitted in support of a motion must be contained within the opposition brief, and objections to evidence submitted in support of an opposition must be contained within the reply brief. No separate statements of objections will be allowed.

Judge Cynthia A. Bashant

CRITICALCivil cases

Applies to: Stipulation
Must include: joint motion

Stipulations must be filed as joint motions and require court signature.

Pursuant to Section 2(f)(4) of the ECF Manual, all stipulations must be filed as joint motions. Joint motions must be signed by the Court to have legal effect.

Judge Cynthia A. Bashant

CRITICALCivil cases

Applies to: Settlement
Must include: proposed order, notice of settlement, joint motion to dismiss

Settlement requires immediate notice and joint motion to dismiss within 28 days.

Judge Cynthia A. Bashant

CRITICALCivil cases

Applies to: Electronic equipment
Must include: court order required

Order required to bring electronic equipment into courthouse.

Counsel will need an order to bring any laptops, tablets, or other electronic equipment into the courthouse. An order must be obtained

Judge Cynthia A. Bashant

CRITICALCivil cases

Applies to: Final exhibit and witness list
Must include: exchange required, email to chambers required

Final Exhibit and Witness Lists must be exchanged and emailed to chambers 7 days before trial.

The parties must also exchange their Final Exhibit and Witness Lists seven days before trial. They must also email a copy of their Final Exhibit and Witness Lists to chambers by the same date.

Judge Cynthia A. Bashant

CRITICALCivil cases

Applies to: Pretrial order
Must include: email submission, joint proposed pretrial order

Joint proposed pretrial order required 14 days before pretrial conference.

Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties lodge by email to chambers a joint proposed pretrial order at least fourteen days before the pretrial conference. The proposed pretrial order must strictly comply with the requirements set forth in Civil Local Rule 16.1(f)(6)(c). All parties are required to cooperate in completing the proposed pretrial order.

Judge Cynthia A. Bashant

CRITICALCivil cases

Applies to: Proposed findings conclusions

Proposed Findings of Fact and Conclusions of Law due 14 days before trial.

Fourteen days before trial, counsel must serve and file proposed Findings of Fact and Conclusions of Law. An electronic copy must also be emailed to efile_bashant@casd.uscourts.gov in Word format.

Judge Cynthia A. Bashant

CRITICALCivil cases

Applies to: Ex parte application
Must include: declaration

Ex parte declaration must document contact efforts, meet-and-confer, and opposing counsel's position

The declaration required by Civil Local Rule 83.3(g) must document the following: (1) efforts to contact opposing counsel, (2) counsel’s good faith, in person or by telephone meet-and-confer efforts to resolve differences with opposing counsel, and (3) opposing counsel’s general position regarding the ex parte application.

Judge Cynthia A. Bashant

CRITICALCriminal cases

Applies to: Exhibit list

Government must provide exhibit list and pre-mark all exhibits on first trial day

Government counsel must provide a list of exhibits and give it to the Courtroom Deputy Clerk on the first day of trial. All exhibits must be pre-marked on the first day of trial.

Judge Dana M. Sabraw

CRITICALCriminal cases

Applies to: Motion
Must include: proposed order

Proposed orders should be submitted simultaneously with the motion.

Judge Dana M. Sabraw

CRITICALCriminal cases

Applies to: Jury instructions
Must include: review and suggest modifications

Parties must review and suggest modifications to jury instructions.

It is each party’s responsibility to carefully review the instructions and make suggestions to the Court if modifications appear necessary.

Judge Dana M. Sabraw

CRITICALCriminal cases

Applies to: Jury instructions

Modifications to instructions must cite specific authority.

Any proposed modification of an instruction from statutory authority or the Ninth Circuit Models must state specifically the modification and the authority supporting the modification.

Judge Dana M. Sabraw

CRITICALCriminal cases

Applies to: Proposed jury instructions

The parties should each submit proposed jury instructions to the Court on the first day of trial, unless otherwise ordered by the Court.

Judge Dana M. Sabraw

CRITICALCriminal cases

Applies to: Motion in limine

Motions in limine due 2 weeks before hearing; opposition due 1 week before.

Motions in limine are due two weeks before the hearing, with any opposition due one week before the hearing.

Judge Dana M. Sabraw

CRITICALCivil cases

Applies to: Jury instructions
Must include: joint submission

Parties must jointly submit agreed-upon jury instructions.

The parties are required jointly to submit one set of agreed upon instructions.

Judge Dana M. Sabraw

CRITICALCivil cases

Applies to: Jury instructions
Must include: objections

Objections to supplemental instructions must be in writing with full citation.

All objections to supplemental instructions shall be in writing, set forth the challenged jury instruction in its entirety, identify the objectionable language, and contain citation to authority explaining why the instruction is improper.

Judge Dana M. Sabraw

CRITICALCivil cases

Applies to: Jury instructions

All instructions should be short, concise, and neutral statements of law.

Judge Dana M. Sabraw

CRITICALCivil cases

Applies to: Jury instructions
Must include: supplemental instructions

If parties disagree on instructions, submit agreed set plus two supplemental sets.

If the parties cannot agree upon one complete set of instructions, they are required to submit one set of instructions to which they have agreed, and two sets (one for each party) of supplemental instructions to which they have not agreed.

Judge Dana M. Sabraw

CRITICALCivil cases

Applies to: Jury instructions

Modifications to standard instructions must be identified with authority.

Any modification to a standard instruction must be identified by specifying the modification to the original instruction and the authority supporting the modification.

Judge Dana M. Sabraw

CRITICALCivil cases

Applies to: Voir dire questions
Must include: due one week before trial

Voir dire questions and verdict forms due one week before trial.

The parties shall submit proposed voir dire questions and verdict forms one week before trial.

Judge Dana M. Sabraw

CRITICALCivil cases

Applies to: Jury instructions
Must include: legal argument

Jury instructions due one week before trial.

Jury instructions shall be submitted to the Court one week before trial in the following format:

Judge Dana M. Sabraw

CRITICALCivil cases

Applies to: Motion
Must include: proposed order

Proposed orders should be submitted simultaneously with the motion.

Judge Dana M. Sabraw

CRITICALCivil cases

Applies to: Jury instructions

Two copies of each instruction should be provided.

Judge Dana M. Sabraw

CRITICAL

Applies to: Post distribution accounting

The total settlement fund, the total number of class members, the total number of class members to whom notice was sent and not returned as undeliverable, the number and percentage of claim forms submitted, the number and percentage of opt- outs, the number and percentage of objections, the average and median recovery per claimant, the largest and smallest amounts paid to class members, the method(s) of notice and the method(s) of payment to class members, the number and value of checks not cashed, the amounts distributed to each cy pres recipient, the administrative costs, the attorneys’ fees and costs, the attorneys’ fees in terms of percentage of the settlement fund, and the multiplier, if any.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Proposed order
Must include: proposed order

Proposed orders required in Word format with specific formatting and email submission requirements.

Proposed orders shall be submitted in Word format simultaneously with all motions, except motions that are fully noticed and set for hearing at least 28 days beyond the date of filing. In accordance with Section 2(h) of the Electronic Case Filing Administrative Policies and Procedures Manual, proposed orders shall not contain the name and law firm information of the filing party and shall not contain the word “proposed” in the caption. Counsel shall email proposed orders to opposing counsel and to the following email address: efile_curiel@casd.uscourts.gov, and include the docket number and case name in the subject line of the email.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Summary judgment motion

Summary judgment motions require separate statement of undisputed material facts.

All motions for summary judgment shall be accompanied by a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material fact shall be followed by a reference to the supporting evidence.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Proposed pretrial order
Must include: cooperation required

All parties must cooperate in completing proposed pretrial order.

All parties are required to cooperate in completing the proposed pretrial order.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Proposed jury instructions
Must include: word format

Proposed jury instructions, verdict form, and statement of case must be emailed in Word format.

The proposed jury instructions, proposed verdict form, and statement of the case shall also be emailed to the Court in Word format.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Trial notebook
Must include: trial briefs, exhibit lists, voir dire questions +3 more

Trial notebook items due 7 days before motion in limine hearing.

The joint proposed jury instructions, trial briefs, proposed verdict form, voir dire questions, statement of the case, and exhibit lists are to be placed in a trial notebook, and are due seven (7) days before the motion in limine hearing date unless the Court orders otherwise.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Post distribution accounting

Where injunctive and/or other non-monetary relief has been

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Ai generated evidence
Must include: specificity requirement, notice to opposing party required

Notice required for AI-generated evidentiary material with sufficient specificity.

Counsel shall serve a notice to the opposing party identifying AI-generated evidentiary material with sufficient specificity to locate it (i.e., via production number, attaching a copy to the notice, providing a copy on request). This notice should be served with the production or disclosure of any AI-generated evidentiary material.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Ai generated evidence
Must include: ai procedures required

AI-generated evidence procedures apply to pro se parties and counsel.

In terms of AI-generated documents or materials that may become exhibits or evidence in an action, a pro se party or counsel shall follow the below procedures:

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Exhibits
Must include: no ai hallucinations allowed

AI-hallucinated assertions of fact prohibited in exhibits and evidence.

Parties and counsel shall not file, proffer, or present to the Court exhibits, demonstratives, or other evidentiary or factual material that contain AI-hallucinated assertions of fact.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Proposed order
Must include: affidavit, memorandum

Proposed orders for class action preliminary approval require affidavit and memorandum.

Proposed orders for preliminary approval of class certification and/or preliminary settlement approval must be supported by an affidavit and memorandum

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Ai generated evidence
Must include: sanctions possible, verification required

Failure to verify AI-generated facts may result in sanctions.

Failure to confirm the accuracy or basis for an assertion of fact or evidence created by an AI tool is grounds for potential sanctions.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Settlement
Must include: notice of settlement, joint motion to dismiss

Notice of Settlement required immediately; Joint Motion to Dismiss due within 28 days if no deadline set.

If the parties settle a case, counsel shall file a “Notice of Settlement” and immediately inform the magistrate judge of the settlement. If the magistrate judge does not set a deadline for the filing of a “Joint Motion to Dismiss,” the parties shall file the “Joint Motion to Dismiss” and email a proposed order to this Court within twenty-eight (28) days of the settlement.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Proposed findings conclusions
Must include: hard copy, electronic copy

Proposed Findings of Fact and Conclusions of Law due 7 days before trial by hard copy and Word email.

Seven (7) days before trial, counsel will submit proposed Findings of Fact and Conclusions of Law by hard copy and an electronic copy of the proposed Findings of Fact and Conclusions of Law shall be emailed in Word format to efile_curiel@casd.uscourts.gov.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Post distribution accounting

Within 21 days after the distribution of the settlement funds and payment of attorneys’ fees, the parties should file a Post-Distribution Accounting, which provides the following information:

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Post distribution accounting

In addition to the above information, where class members are entitled to non- monetary relief, such as discount coupons, debit cards, or similar instruments, the number of class members availing themselves of such relief and the aggregate value redeemed by the class members and/or by any assignees or transferees of the class members’ interests.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: General
Must include: ai disclosure

AI-generated content must include verification certification; failure is grounds for sanctions

Additionally, any submission containing AI-generated content must include a certification that counsel or the pro se party has personally verified the content’s accuracy. Failure to include this certification or comply with this verification requirement will be grounds for sanctions.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: General
Must include: ai disclosure

AI-generated content must be personally verified for accuracy

Despite the spread of generative AI tools, counsel and pro se parties are responsible for providing the Court with complete and accurate representations of any submission, including filings, demonstratives, evidence, or oral argument, consistent with Federal Rule of Civil Procedure 11, the California Rules of Professional Conduct, and any other applicable legal or ethical guidance. Use of generative AI tools is not prohibited, but counsel and pro se parties must, at all times, personally confirm for themselves the accuracy of any content generated by these tools.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Ai generated evidence
Must include: notice required for consideration

AI-generated material without notice will not be considered by Court.

Any AI-generated material that does not have an accompanying notice shall not be considered by the Court.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Summary judgment opposition

Summary judgment opposition must respond to separate statement.

Any opposition to a summary judgment motion shall include a response to the separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating if the opposing party agrees or disagrees that those facts are undisputed.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Proposed pretrial order
Must include: word format

Proposed pretrial order in Word format required 7 days before pretrial conference.

Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties email to Chambers a proposed pretrial order in Word format at least seven (7) days before the pretrial conference. The proposed pretrial order must include all elements set out in Civil Local Rule 16.1(f)(6)(c) and any other issues relevant to the trial.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Sentencing summary chart

Sentencing summary charts must be filed 7 calendar days before sentencing.

Counsel shall file the completed sentencing summary charts required by Criminal Local Rule 32.1.a.8 in the record no later than seven calendar days before the sentencing hearing.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Trial brief
Must include: judge name

Pursuant to Criminal Local Rule 23.1, the parties may, no later than five court days before the date of trial, serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues.

Judge Gonzalo P. Curiel

CRITICAL

Applies to: Jury instructions
Must include: judge name
Format: WORD

The parties should each submit in Word format and hardcopy, proposed jury instructions to the Court on the first day of trial, unless otherwise ordered by the Court.

Judge Gonzalo P. Curiel

CRITICALCivil cases

Applies to: Opposition brief
Must include: objections to evidence

Objections to evidence must be in opposition or reply brief; separate statements prohibited.

Judge James E. Simmons, Jr.

CRITICALCivil cases

Applies to: Proposed order
Must include: not filed on docket

Proposed orders and signature documents must not be filed on the docket.

Proposed orders or other documents requiring the Judge’s signature must not be filed on the docket.

Judge James E. Simmons, Jr.

CRITICALCivil cases

Applies to: Motion
Must include: proposed order

Proposed orders required with all motions and must include "[PROPOSED]" in caption.

Proposed orders must be submitted simultaneously with all motions. Proposed orders should contain "[PROPOSED]" in the caption.

Judge James E. Simmons, Jr.

CRITICALCivil cases

Applies to: Ex parte motion
Must include: declaration

Ex parte motions require declaration documenting contact efforts and meet and confer attempts.

All ex parte motions must be accompanied by a declaration from the movant documenting (1) efforts to contact opposing counsel, (2) counsel’s good faith efforts, in person or by telephone, to meet and confer to resolve differences with opposing counsel, and (3) opposing counsel’s position regarding the ex parte motion.

Judge James E. Simmons, Jr.

CRITICALCivil cases

Applies to: Trial exhibits
Must include: electronic media format

Trial exhibits must be submitted electronically 3 days before trial.

The parties must also submit the trial exhibits in an electronic-media format (e.g., CD, DVD, or USB flash drive) at least three (3) days before trial.

Judge James E. Simmons, Jr.

CRITICALCivil cases

Deadline: 7 days
Applies to: Proposed pretrial order
Must include: proposed order

Proposed pretrial order required 7 days before pretrial conference.

Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties lodge by email a proposed pretrial order in Word (.doc) format to efile_simmons@casd.uscourts.gov at least seven (7) days before the pretrial conference.

Judge James E. Simmons, Jr.

CRITICALCivil cases

Applies to: Final exhibit and witness lists
Must include: email to chambers, exchange with adversary

Final Exhibit and Witness Lists must be exchanged and emailed to chambers 1 week before trial.

The parties must also exchange their Final Exhibit and Witness Lists one (1) week before trial and email a copy of their Final Exhibit and Witness Lists to chambers one (1) week before trial.

Judge James E. Simmons, Jr.

CRITICALCivil cases

Deadline: 28 days
Applies to: Joint motion to dismiss
Must include: joint motion, proposed order

Joint motion to dismiss and proposed order required within 28 days of settlement.

Unless a notice of dismissal is filed under Federal Rule of Civil Procedure 41(a)(1) for which a court order is not required, the parties must file a joint motion to dismiss and email the proposed order to the Court within twenty-eight (28) days of the settlement.

Judge James E. Simmons, Jr.

CRITICALCivil cases

Applies to: Discovery dispute conference request email

The discovery dispute conference request e-mail must include at least three mutually agreed proposed telephonic conference times, a neutral statement of the dispute, and a one-sentence (non-argumentative) description of each party's position.

The e-mail must include: (1) at least three proposed times mutually agreed upon by the parties for the telephonic conference; (2) a neutral statement of the dispute; and (3) one sentence describing (not arguing) each parties' position.

Judge James E. Simmons, Jr.

CRITICALCivil cases

Applies to: Stipulated protective order joint motion

Stipulated protective orders must be submitted for approval as a joint motion.

All stipulated protective orders submitted for the Court's approval must be filed as a joint motion.

Judge James E. Simmons, Jr.

CRITICALCivil cases

Applies to: Stipulated protective order

All stipulated protective orders must include a provision stating the Court may modify the protective order in the interests of justice or for public policy reasons.

Additionally, all stipulated protective orders submitted for the Court's approval must include the following provisions: A. Modification of the Protective Order by the Court. The Court may modify the Protective Order in the interests of justice or for public policy reasons.

Judge James E. Simmons, Jr.

CRITICALCivil cases

Applies to: Stipulated protective order joint motion

If the proposed protective order deviates from the Model Protective Order, the joint motion must explain the basis for the changes and attach a redlined copy highlighting them.

If the parties' proposed language differs from the Model Protective Order, the joint motion must explain the basis for the proposed changes and contain an attachment with a redlined copy of the proposed protective order highlighting the changes.

Judge James E. Simmons, Jr.

CRITICALCivil cases

Applies to: Proposed stipulated protective order
Must include: judge name

Parties must lodge a Word version of the proposed stipulated protective order containing its language, the parties' electronic signatures, and a signature line for Judge Rodriguez.

The parties must also lodge a Word version of the proposed stipulated protective order containing the language of the stipulated protective order, the parties' electronic signatures, and a signature line for Judge Rodriguez.

Judge James E. Simmons, Jr.

CRITICALCivil cases

Applies to: Declaration in support of ex parte motion

Declarations submitted in support of an ex parte motion must describe the meet and confer efforts made to resolve the dispute without court intervention.

Further, declaration(s) in support of the ex parte motion must describe meet and confer efforts made to resolve the dispute without the Court's intervention.

Judge James E. Simmons, Jr.

CRITICALCivil cases

Applies to: Stipulated protective order joint motion

The joint motion for a stipulated protective order must state whether the parties adopted the Model Protective Order.

The joint motion must contain a statement as to whether the parties adopted the Model Protective Order.

Judge James E. Simmons, Jr.

CRITICALCivil cases

Applies to: Joint discovery motion
Must include: certificate of conference

Joint Discovery Motions must include the exact disputed request and response, an explanation of inadequacy with requested relief and legal authority, the responding party's basis for objections/privilege, and a declaration of meet-and-confer compliance.

The Joint Discovery Motion must include the following: 1. The exact wording of the discovery request or deposition question in dispute, and the exact response to the request or question; 2. An explanation as to why the response is inadequate, what relief the moving party seeks, and legal authority supporting the motion; 3. A statement by the responding party as to the basis for all objections and/or claims of privilege; and 4. A declaration from counsel of record establishing compliance with the meet and confer requirement.

Judge James E. Simmons, Jr.

CRITICAL

Applies to: Exhibit
Must include: pre marked

All exhibits must be pre-marked on the first day of trial.

Judge James E. Simmons, Jr.

CRITICAL

Applies to: Proposed order

Documents requiring Judge's signature must not be filed on docket.

Proposed orders or other documents requiring the Judge's signature must not be filed on the docket.

Judge James E. Simmons, Jr.

CRITICAL

Applies to: Voir dire questions

Counsel may serve and file proposed voir dire questions and verdict forms on the day set for motions in limine.

Judge James E. Simmons, Jr.

CRITICAL

Applies to: Jury instructions
Must include: proposed order

Proposed jury instructions due 14 days before trial, emailed in Word format.

The parties must file proposed jury instructions fourteen (14) days prior to the date of trial, unless otherwise ordered by the Court and email a copy in Word to efile_simmons@casd.uscourts.gov.

Judge James E. Simmons, Jr.

CRITICAL

Applies to: Trial brief

Pursuant to Criminal Local Rule 23.1, the parties may, no later than five (5) court days before the date of trial, serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues with citation of relevant statutes, ordinances, rules, cases and other authorities.

Judge James E. Simmons, Jr.

CRITICAL

Applies to: Motion
Must include: proposed order

Proposed orders must be submitted simultaneously with all motions. Proposed orders should include "[PROPOSED]" in the caption. Counsel must email proposed orders in Word (.doc) format to efile_simmons@casd.uscourts.gov and include the case number and case name in the subject line of the email.

Judge James E. Simmons, Jr.

CRITICAL

Applies to: Motion
Must include: certificate of conference

Motions must include a declaration detailing meet and confer date, good faith efforts, and opposing counsel's positions.

counsel for the moving party must include in the motion papers a declaration detailing (1) the date of the meet and confer; (2) counsel’s good faith efforts, in person or by telephone, to meet and confer to resolve differences with opposing counsel; and (3) the positions taken by opposing counsel such that resolution was not possible.

Judge Jinsook Ohta

CRITICAL

Applies to: Motion

Do not include as exhibits documents already on any U.S. district court electronic docket; cite them in the motion text instead.

Copies of documents already contained on the electronic docket in any United States district court should not be included as exhibits. Such documents should be cited in the text of the motion with the case name, docket number, filing date, and any other information (e.g., pages or paragraph numbers) that aids the Court (e.g., Doe v. Does, No. 22cv306 (N.D. Cal. Jan. 13, 2022), Dkt. __ at __).

Judge Jinsook Ohta

CRITICAL

Applies to: Ex parte motion

Ex parte motions must include a declaration documenting contact efforts, meet and confer efforts, and opposing counsel’s position.

Judge Jinsook Ohta

CRITICAL

Applies to: Motion

For cases not assigned to a reporter for publication, Westlaw or Lexis citations should be given, if available. Citations to cases not available in Westlaw or Lexis should be accompanied by copies of the cases cited attached as exhibits.

Judge Jinsook Ohta

CRITICAL

Applies to: Joint motion

Agreed continuances require a joint motion with a declaration explaining the request reasons.

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.

Judge Jinsook Ohta

CRITICAL

Applies to: Motion in limine
Must include: certificate of conference

Motions in limine must include a declaration confirming good faith meet and confer with specified content.

Counsel must confirm their good faith attempt to resolve the issues in a declaration that includes (1) the date of the meet and confer; (2) counsel’s good faith efforts, in person or by telephone, to resolve differences with opposing counsel; and (3) the positions taken by opposing counsel such that resolution was not possible.

Judge Jinsook Ohta

CRITICAL

Applies to: Proposed pretrial order

Proposed pretrial order must comply with Civil Local Rule 16.1(f)(6)(c).

The proposed pretrial order must comply with the requirements of Civil Local Rule 16.1(f)(6)(c).

Judge Jinsook Ohta

CRITICAL

Applies to: Proposed jury instructions

Parties must provide factual/legal basis for each party's position on disputed jury instructions.

For each disputed instruction, the parties must provide to the Court the factual or legal basis for each party’s position.

Judge Jinsook Ohta

CRITICAL

Applies to: Proposed jury instructions

Parties must jointly submit one set of proposed jury instructions including preliminary, during trial, and final instructions.

The parties are required to jointly submit one set of agreed upon instructions. To submit to the Court one complete set of proposed instructions consisting of 1) preliminary jury instructions; 2) during trial jury instructions; and 3) final jury instructions.

Judge Jinsook Ohta

CRITICAL

Applies to: Proposed jury instructions

Jury instruction headings must identify if jointly proposed or party-proposed if disputed.

All instruction headings must identify whether the instruction is jointly proposed or, if disputed, the party proposing the instruction.

Judge Jinsook Ohta

CRITICAL

Applies to: Proposed order
Must include: caption

Proposed orders must be submitted with motions, include “[PROPOSED]” in caption, emailed in Word format to specified address, not filed on docket.

B. Proposed Orders. Proposed orders must be submitted simultaneously with all motions. Proposed orders should contain “[PROPOSED]” in brackets in the caption. This Chambers Rule mandating the addition of “[PROPOSED]” supersedes Section 2(h) of the ECF Manual. Counsel must email proposed orders in Word (.doc) format to efile_ohta@casd.uscourts.gov and include the case number and case name in the subject line of the email. Proposed orders or other documents requiring the Judge’s signature must not be filed on the docket.

Judge Jinsook Ohta

CRITICALCriminal cases

Applies to: Proposed order

Documents requiring Judge's signature must not be filed on docket.

Proposed orders or other documents requiring the Judge's signature must not be filed on the docket.

Judge Jinsook Ohta

CRITICALCriminal cases

Applies to: Proposed order

Proposed orders must include "[PROPOSED]" in caption.

Proposed orders should contain the word "[PROPOSED]" in brackets in the caption.

Judge Jinsook Ohta

CRITICALCriminal cases

Applies to: Sentencing
Must include: sentencing summary chart

Sentencing summary chart required at least 7 days before sentencing.

Counsel shall file a sentencing summary chart at a minimum, and may also file a sentencing memorandum, no later than seven days before the

Judge Jinsook Ohta

CRITICALCriminal cases

Applies to: Sentencing letter
Must include: leave of court

Maximum of five sentencing letters allowed without court permission.

No party shall submit more than five sentencing letters without leave of Court.

Judge Jinsook Ohta

CRITICALCriminal cases

Applies to: Discovery
Must include: completion deadline

Discovery must be completed three weeks before trial.

all discovery, including reciprocal discovery and expert discovery, must be completed three weeks before trial.

Judge Jinsook Ohta

CRITICALCriminal cases

Applies to: Jury instructions
Must include: joint submission, disputed instructions

Jury instructions due two weeks before trial.

Jury instructions shall be submitted to the Court two weeks before trial in the following format:

Judge Jinsook Ohta

CRITICALCriminal cases

Applies to: Voir dire questions

Proposed voir dire questions, verdict forms, and government witness list must be filed two weeks before trial.

Counsel must serve and file any proposed voir dire questions, proposed verdict forms, and the government’s list of witnesses no later than two weeks before the date of trial.

Judge Jinsook Ohta

CRITICALCriminal cases

Applies to: Exhibit list

Government must provide exhibit list to courtroom deputy on first day of trial.

Government counsel must provide a list of exhibits and give it to the courtroom deputy on the first day of trial.

Judge Jinsook Ohta

CRITICALCriminal cases

Applies to: Exhibit
Must include: motion for admission

Must move for admission or allow Court to inquire about objections before publishing exhibits to jury.

Before publishing an exhibit to the jury, counsel must either move for admission of the exhibit or allow the Court to inquire whether the opposing side has any objection to publication.

Judge Jinsook Ohta

CRITICALCriminal cases

Applies to: Expert disclosure
Must include: exchange deadlines

Expert disclosures due five weeks before trial; rebuttal experts three weeks before.

The first exchange of expert disclosure will take place five weeks before trial and any exchange of rebuttal experts will take place three weeks before trial.

Judge Jinsook Ohta

CRITICALCriminal cases

Applies to: Exhibit
Must include: exhibit number

All exhibits must be pre-marked on first day of trial.

All exhibits must be pre-marked on the first day of trial.

Judge Jinsook Ohta

CRITICALCriminal cases

Applies to: Motion
Must include: proposed order

Proposed orders required with all motions.

Proposed orders must be submitted simultaneously with all motions.

Judge Jinsook Ohta

CRITICALCriminal cases

Applies to: Trial brief

Pursuant to Criminal Local Rule 23.1, the parties may, no later than two weeks before the date of trial, serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues.

Judge Jinsook Ohta

CRITICALCriminal cases

Applies to: Proposed order

Proposed orders must be emailed in .doc format with case info in subject line.

Counsel must email proposed orders in Word (.doc) format to efile_ohta@casd.uscourts.gov and include the case number and case name in the subject line of the email.

Judge Jinsook Ohta

CRITICALCivil cases

Applies to: Proposed order

Proposed orders must be emailed in Word format to specific address.

Counsel must email proposed orders in Word format to efile_Lopez@casd.uscourts.gov, and include the case number and case name in the subject line of the email.

Judge Linda Lopez

CRITICALCivil cases

Applies to: Notice of supplemental authority
Must include: order or opinion copy, case identifying information

Under these circumstances, parties may file a notice of supplemental authority that includes a copy of the order or opinion and any case-identifying information.

Judge Linda Lopez

CRITICALCivil cases

Applies to: Joint motion
Must include: proposed order

Joint motions require a proposed order at the time of filing.

At the time of the filing of a joint motion, a proposed order must be submitted to the Court pursuant to Section 3(C) above.

Judge Linda Lopez

CRITICALCivil cases

Applies to: Stipulation of dismissal
Must include: signature, all appearing parties

If no deadline set, parties must file stipulation of dismissal signed by all appearing parties under FRCP 41(a)(1)(A).

If the magistrate judge does not set a deadline for the filing of a “Joint Motion to Dismiss,” the parties must file a stipulation of dismissal signed by all parties who have appeared pursuant to Federal Rule of Civil Procedure 41(a)(1)(A).

Judge Linda Lopez

CRITICALCivil cases

Applies to: Joint motion for dismissal
Must include: signed by all parties and counsel, consent to magistrate judge jurisdiction

Joint dismissal motions retaining jurisdiction require consent to magistrate judge jurisdiction over settlement disputes, signed by all parties.

Any joint motion for dismissal that includes a provision that the court retain jurisdiction will be rejected unless it is accompanied by a consent to Magistrate Judge jurisdiction over all disputes arising out of the settlement agreement, including interpretation and enforcement of the settlement agreement, signed by all parties and their counsel.

Judge Linda Lopez

CRITICALCivil cases

Applies to: Proposed pretrial order

Proposed pretrial order must strictly comply with Civil Local Rule 16.1(f)(6)(c) requirements.

The proposed pretrial order must strictly comply with the requirements set forth in Civil Local Rule 16.1(f)(6)(c).

Judge Linda Lopez

CRITICALCivil cases

Applies to: Jury instructions
Must include: joint submission

The parties should submit proposed joint jury instructions in Word format to the Court via email at efile_Lopez@casd.uscourts.gov on the day set for motions in limine. Joint proposed supplemental instructions must be submitted as the need for them becomes apparent.

Judge Linda Lopez

CRITICALCivil cases

Applies to: Final exhibit witness list
Must include: email to chambers, exchange required

Final Exhibit and Witness Lists must be exchanged and emailed to chambers 7 days before trial.

The parties must also exchange their Final Exhibit and Witness Lists seven (7) days before trial. They must also email a copy of their Final Exhibit and Witness Lists to chambers.

Judge Linda Lopez

CRITICALCivil cases

Applies to: Proposed findings conclusions

Proposed Findings of Fact and Conclusions of Law must be filed 14 days before trial and emailed in Word format.

Fourteen (14) days before trial, counsel must serve and file proposed Findings of Fact and Conclusions of Law. An electronic copy of the proposed Findings of Fact and Conclusions of Law must be emailed to efile_Lopez@casd.uscourts.gov in Word format.

Judge Linda Lopez

CRITICALCivil cases

Applies to: Amended pleading
Must include: redline

Amended pleadings must include redline showing changes, except for incarcerated pro se plaintiffs.

Any amended pleading—not just those accompanying a motion for leave to amend—must be accompanied by a redline showing how the amended pleading differs from the operative pleading. Pro se plaintiffs who are incarcerated are excused from this requirement.

Judge Linda Lopez

CRITICALCivil cases

Applies to: Motion
Must include: proposed order

Proposed orders must be submitted with the motion.

A proposed order, if required, must be submitted simultaneously with the relevant motion.

Judge Linda Lopez

CRITICALCivil cases

Applies to: Verdict form
Must include: joint submission

The parties should also submit a joint proposed verdict form in Word format to the Court on the day set for motions in limine.

Judge Linda Lopez

CRITICALCriminal cases

Applies to: Trial brief

C. Trial Briefs. Pursuant to Criminal Local Rule 23.1, the parties may, no later than five court days before the date of trial, serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues.

Judge Linda Lopez

CRITICALCriminal cases

Applies to: Proposed voir dire questions

D. Proposed Voir Dire Questions and Verdict Forms. Counsel may serve and file proposed voir dire questions and forms of verdict on the day set for motions in limine.

Judge Linda Lopez

CRITICALCriminal cases

Applies to: Exhibit list

Government counsel must provide exhibit list to Courtroom Deputy Clerk on first day of trial.

H. Exhibits. Government counsel must provide a list of exhibits and give it to the Courtroom Deputy Clerk on the first day of trial. All exhibits must be pre-marked on the first day of trial. Exhibit stickers may be obtained from the Clerk of the Court or from the Courtroom Deputy Clerk, in advance of trial.

Judge Linda Lopez

CRITICALCriminal cases

Applies to: Exhibit publication
Must include: motion for admission

Counsel must move for admission or allow court inquiry before publishing exhibits to jury.

Before publishing an exhibit to the jury, counsel must either move for admission of the exhibit or allow the Court to inquire whether the opposing side has any objection to publication.

Judge Linda Lopez

CRITICAL

Applies to: Surreply
Must include: leave of court

Surreplies and supplemental authority notices require leave of court, except for binding intervening law.

Surreplies and notices of supplemental authority may not be filed unless leave of court has been granted. The only exception to this requirement is if there is a change in binding intervening law that is directly on point issued after the filing. Under these circumstances, parties may file a notice of supplemental authority that includes the case citation and a copy of the order or opinion. Counsel may not include any argument in the notice.

Judge Robert S. Huie

CRITICAL

Applies to: Summary judgment motion
Must include: joint statement of undisputed facts

Separate Statements of Fact require leave of court; joint statement required instead.

Separate Statements of Fact may not be filed unless leave of Court has been granted. Rather, the parties must meet and confer to arrive at a joint statement of undisputed material facts, which must be filed no later than the reply brief.

Judge Robert S. Huie

CRITICAL

Applies to: Stipulation
Must include: signed by court, filed as joint motion

Stipulations must be filed as joint motions and signed by Court.

Pursuant to Section 2(f)(4) of the ECF Manual, all stipulations must be filed as joint motions. Joint motions must be signed by the Court to have legal effect.

Judge Robert S. Huie

CRITICAL

Applies to: Trial exhibits
Must include: electronic format

Trial exhibits must be submitted electronically 3 days before trial.

The parties must also submit the trial exhibits in an electronic-media format (e.g., CD, DVD, or USB flash drive) at least three (3) days before trial is set to begin.

Judge Robert S. Huie

CRITICAL

Applies to: Final exhibit and witness lists
Must include: email to chambers, exchange with opposing counsel

Final Exhibit and Witness Lists must be exchanged 7 days before trial and emailed to chambers.

The parties must also exchange their Final Exhibit and Witness Lists seven (7) days before trial, and email a copy of their Final Exhibit and Witness Lists to chambers.

Judge Robert S. Huie

CRITICAL

Applies to: Amended pleading
Must include: redline

Amended pleadings require redline showing changes, except for incarcerated pro se plaintiffs.

Judge Robert S. Huie

CRITICAL

Applies to: Motion
Must include: proposed order

Proposed orders required with all motions.

Any proposed orders must be submitted simultaneously with all motions.

Judge Robert S. Huie

CRITICAL

Applies to: Motion
Must include: proposed order

Proposed orders should be submitted simultaneously with the motion, and no later than two (2) days prior to the scheduled hearing.

Judge Robert S. Huie

CRITICAL

Applies to: Motion
Must include: proposed order

Proposed orders must be emailed to efile_huie@casd.uscourts.gov.

Judge Robert S. Huie

CRITICAL

Applies to: Motion
Must include: proposed order

Proposed order must require defendant to acknowledge new date within 48 hours.

The proposed order must also include a requirement that any defendant on pretrial release sign and file an acknowledgement of the new court date within 48 hours of the continuance motion being granted.

Judge Robert S. Huie

CRITICAL

Objections must state only legal grounds; speaking objections are prohibited unless requested by Court.

When objecting, state only the legal ground for the objection, e.g., “Objection, hearsay,” or “Objection, Rule 802.” Speaking objections are not permitted, unless the Court requests further information from counsel.

Judge Robert S. Huie

CRITICAL

Applies to: Witness examination

Only one lawyer per party may examine a witness and make objections for that witness.

Where a party has more than one lawyer, only one lawyer may conduct the examination of a given witness and that lawyer alone may make objections concerning that witness.

Judge Robert S. Huie

CRITICAL

Applies to: Jury instructions
Format: DOCX

Non-model jury instructions must be submitted in Word format to efile_huie@casd.uscourts.gov.

Any non-model instructions must be submitted to the Court in Word format directly to the chambers email address, which is efile_huie@casd.uscourts.gov.

Judge Robert S. Huie

CRITICAL

Applies to: Exhibits

Counsel must move for admission or allow Court to inquire about objections before publishing exhibits.

Before publishing an exhibit to the jury, counsel must either move for admission of the exhibit or allow the Court to inquire whether the opposing side has any objection to publication.

Judge Robert S. Huie

CRITICAL

Applies to: Exhibits

All exhibits must be pre-marked on first day of trial.

All exhibits must be pre-marked on the first day of trial. Exhibit stickers may be obtained from the Clerk of the Court or from the Courtroom Deputy Clerk, in advance of trial.

Judge Robert S. Huie

CRITICAL

Applies to: Jury selection

Peremptory challenges must be exercised using blind strike method with two rounds.

Counsel will exercise their respective challenges using the “blind strike” method. That is, each side will exercise their peremptory challenges simultaneously and confidentially by marking those jurors they wish to excuse on the provided strike sheet. The Courtroom Deputy Clerk will collect the parties’ strike sheets and, after reconciling those sheets, will inform the parties of the first twelve (12) remaining (non-challenged) jurors. The parties will also be informed of the four (4) eligible alternate jurors. The strike sheets will be returned to the parties, who will then use the blind strike method to exercise their one additional peremptory challenge with respect to the four (4) eligible alternate jurors. The Courtroom Deputy Clerk will again collect the strike sheets and, after reconciling those sheets, announce to the parties who the two alternate jurors will be.

Judge Robert S. Huie

CRITICALCriminal cases

Applies to: Jury instructions

Proposed jury instructions must be filed 14 days before trial unless the Court orders otherwise, and a Word copy must be emailed to the specified address.

The parties must file proposed jury instructions fourteen (14) days prior to the date of trial, unless otherwise ordered by the Court and email a copy in Word to efile_Montenegro@casd.uscourts.gov.

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

Applies to: Jury instructions

Counsel must meet and confer, submit agreed instructions jointly, and submit separately instructions to which there is an objection.

Counsel must meet and confer and submit a joint set of agreed instructions. Counsel must also submit a separate set of any instructions they propose to which there is an objection.

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

Applies to: Jury instructions

The joint packet must include the full text of form preliminary, general, and concluding instructions with citations to the Ninth Circuit Criminal Model Jury Instructions.

With respect to form preliminary instructions, general instructions, or concluding instructions, counsel shall include in their joint packet the full text of these instructions with citation to the Ninth Circuit Manual of Model Jury Instructions (Criminal).

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

Applies to: Jury instructions

Disputed instructions must use the specified designation with blanks and brackets completed, and all versions of the same instruction must share a number.

Each disputed instruction shall be identified as “Disputed Instruction No. ____ Re ____________ Offered by _________________,” with the blanks and brackets filled in as appropriate. All disputed versions of the same instruction shall bear the same number.

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

Applies to: Jury instructions

A proposed modification to a statutory or Ninth Circuit model instruction must specifically state the modification and supporting authority.

The Court will accept other proposed jury instructions, but any proposed modification of an instruction from statutory authority or the Ninth Circuit Models must state specifically the modification and the authority supporting the modification.

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

Applies to: Jury instructions

A party seeking an instruction the Court omitted must affirmatively re-request it on the record or in writing.

If a party wishes to request an instruction that the Court has chosen to omit, it must affirmatively re-request it either on the record or in writing in order to give the Court a fair opportunity to correct any error.

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

Applies to: Verdict forms

Proposed verdict forms must be filed 14 days before trial unless the Court orders otherwise, and a Word copy must be emailed to the specified address.

The parties must file proposed verdict forms fourteen (14) days prior to the date of trial, unless otherwise ordered by the Court and email a copy in Word to efile_Montenegro@casd.uscourts.gov.

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

Applies to: Verdict forms

The parties must email the verdict form in Word format to the Court’s specified email address.

The parties shall also email the verdict form in Word format to the Court’s email address at efile_montenegro@casd.uscourts.gov.

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

Applies to: Exhibit index

Counsel must submit a thumb-drive index of admitted exhibits, with each exhibit’s number and a brief, nonargumentative description.

Counsel must also prepare and submit on a thumb drive an index of all exhibits admitted into evidence. Such index should include the exhibit number and a brief, nonargumentative description of each exhibit (e.g., January 2, 2024 Cell Phone Video).

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

Applies to: Exhibit

Before publishing an exhibit to the jury, counsel must move for its admission or allow the Court to ask whether the opposing side objects to publication.

Before publishing an exhibit to the jury, counsel must either move for admission of the exhibit or allow the Court to inquire whether the opposing side has any objection to publication.

Judge Ruth Bermudez Montenegro

CRITICALCivil cases

Applies to: Notice of motion
Must include: caption

Notice of motion must include hearing date and 'NO ORAL ARGUMENT' statement.

In the caption of its notice of motion and motion, the moving party shall include the selected hearing date and the following: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.

Judge Ruth Bermudez Montenegro

CRITICALCivil cases

Applies to: Proposed order
Must include: caption

Proposed orders must not contain filer's name, law firm, or the word 'proposed' in caption.

In accordance with Section 2(h) of the ECF Manual, proposed orders must not contain the name and law firm information of the filing party, and must not contain the word “proposed” in the caption.

Judge Ruth Bermudez Montenegro

CRITICALCivil cases

Applies to: Proposed order
Must include: proposed order

Proposed orders and signature-required documents must not be filed on the docket.

Proposed orders or other documents requiring the judge’s signature must not be filed on the docket.

Judge Ruth Bermudez Montenegro

CRITICALCivil cases

Applies to: Proposed order
Must include: proposed order

Proposed orders must be emailed in Word format to specific address with case details in subject line.

Counsel must email proposed orders in Word format to efile_montenegro@casd.uscourts.gov and include the case number, case name, and identify the motion(s) to which the proposed order corresponds in the subject line of the email.

Judge Ruth Bermudez Montenegro

CRITICALCivil cases

Applies to: Motion to amend
Must include: proposed order

Redline exhibit required with motion to amend or motion may be struck.

Counsel must attach as an exhibit a redline from the operative pleading to the new pleading or the Court may strike the motion and proposed amended pleading.

Judge Ruth Bermudez Montenegro

CRITICALCivil cases

Applies to: Final pretrial conference order

Final pretrial conference order must comply with Local Rule 16.1(f).

The final pretrial conference order must strictly comply with Civil Local Rule 16.1(f).

Judge Ruth Bermudez Montenegro

CRITICALCivil cases

Applies to: Ex parte application
Must include: service on opposing counsel

Ex parte applications must be served on opposing counsel via email with return receipt or overnight mail.

Any ex parte application filed with the Court must be served on opposing counsel via electronic mail with return receipt requested, or overnight mail.

Judge Ruth Bermudez Montenegro

CRITICALCivil cases

Applies to: Final pretrial conference order
Must include: proposed order

Proposed final pretrial conference order due one week before final pretrial conference.

Plaintiff(s) must lodge the proposed final pretrial conference order with the Court a week before the final pretrial conference, unless otherwise specified in the Court’s Scheduling Order or other orders.

Judge Ruth Bermudez Montenegro

CRITICALCivil cases

Applies to: Joint motion to dismiss
Must include: proposed order

Settlement requires immediate notice and joint motion to dismiss within 28 days.

If the parties settle a case, counsel must immediately notify this Court and the magistrate judge of the settlement. Unless a “Notice of Dismissal” is filed under Federal Rule of Civil Procedure 41(a)(1), for which a court order is not required, the parties must file a “Joint Motion to Dismiss” and email the proposed order to this Court within twenty-eight (28) days of the settlement.

Judge Ruth Bermudez Montenegro

CRITICALCivil cases

Applies to: Jury instructions
Must include: proposed order

Joint proposed jury instructions must be filed with final pretrial conference order.

Parties must file joint proposed jury instructions at the same time as the proposed final pretrial conference order unless otherwise ordered by the Court.

Judge Ruth Bermudez Montenegro

CRITICALCivil cases

Applies to: Jury instructions
Must include: citations, stipulated instruction labeling

Undisputed instructions must be labeled as "Stipulated Instruction" with citations.

If the instruction is undisputed, the instruction shall be identified as “Stipulated Instruction No. _ re _____.” Even if the parties stipulate to the instruction, each instruction should be accompanied by a citation to the Model Civil Jury Instructions and/or other authority.

Judge Ruth Bermudez Montenegro

CRITICALCivil cases

Applies to: Jury instructions
Must include: email submission

Email jury instructions in Word format to specified court email address.

The parties shall also email the instructions in Word format to the Court’s email address at efile_montenegro@casd.uscourts.gov.

Judge Ruth Bermudez Montenegro

CRITICALCivil cases

Applies to: Exhibit
Must include: caption, case number

F. Exhibits. All exhibits submitted in support of motions should be excerpted to include only relevant material. All exhibits must be clearly labeled, dated, tabbed, and indexed. Copies of pleadings, motions, and/or Court orders already contained on the electronic docket should not be included as exhibits. Such documents should be clearly cited in the text of the motion referencing the docket number of the document cited and the ECF generated page number for pinpoint cites, enabling the Court to quickly locate the location of the cited material (e.g., Doc. No. ___ at ___).

Judge Ruth Bermudez Montenegro

CRITICALCivil cases

Applies to: Joint exhibit list
Must include: no lettering, joint exhibit list, continuous numbering

Joint exhibit list required, numbered continuously (not lettered), due with final pretrial order.

The Court will order counsel to prepare a joint exhibit list due on the same day as the proposed final pretrial conference order, such that all exhibits that may be used at trial appear on one list. All exhibits must be numbered continuously and not lettered. Counsel may agree to number ranges (e.g., Plaintiff has 1–100 and Defendant has 101–200) for their respective uses.

Judge Ruth Bermudez Montenegro

CRITICALCivil cases

Applies to: Jury instructions
Must include: citations

Form instructions must include citations to Ninth Circuit Manual and/or CACIs.

Judge Ruth Bermudez Montenegro

CRITICALCivil cases

Applies to: Notice of motion
Must include: certificate of conference

Notice of motion must include statement about pre-motion conference.

If the parties are unable to reach a resolution that eliminates the need to file the anticipated motion, counsel for the moving party must include in the notice of motion a statement to the following effect: “This motion is made following the conference of counsel that took place on [date].”

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

Applies to: Sentencing
Must include: supervised release conditions provided

The Court expects defense counsel to read, explain, and provide their client with a copy of the Mandatory and Standard Conditions of Supervised Release prior to sentencing.

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

Applies to: Motion
Must include: proposed order

In accordance with Section 2(h) of the Electronic Case Filing Administrative Policies and Procedures Manual, counsel shall email proposed orders on motions directly to the Judge’s official email address, which is efile_Montenegro@casd.uscourts.gov. Proposed orders should be submitted simultaneously with the motion, no later than two (2) Court days prior to the scheduled hearing.

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

Applies to: Motion to modify terminate supervised release
Must include: positions of usao and probation officer

Motions to modify/terminate supervised release must include positions of USAO and Probation Officer.

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

Applies to: Sentencing memorandum
Must include: guideline recommendations supported by record

Sentencing Guideline recommendations must be supported by the record.

The parties must ensure that their respective Sentencing Guideline recommendations are supported by the record before the Court.

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

Applies to: Sentencing
Must include: compliance with criminal local rule 32 1

The parties are expected to strictly comply with the requirements and deadlines in Criminal Local Rule 32.1.

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

Applies to: Sentencing memorandum
Must include: sentencing summary chart

Sentencing Summary Chart and Sentencing Memorandum required in all cases.

Both parties must file a Sentencing Summary Chart and Sentencing Memorandum in all cases.

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

Applies to: Sentencing memorandum
Must include: letter limit

Maximum of 5 letters allowed unless court authorizes more.

No party shall submit more than five (5) letters unless authorized by the court for good cause shown.

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

Applies to: Sentencing guideline recommendation

Parties must follow Criminal Local Rule 32.1 and ensure Sentencing Guideline recommendations are supported by the record.

The parties are expected to follow Criminal Local Rule 32.1. Additionally, the parties must ensure that their respective Sentencing Guideline recommendations are supported by the record before the Court.

Judge Todd W. Robinson

CRITICALCriminal cases

Applies to: Exhibit

Government counsel must submit an exhibit list to the Courtroom Deputy Clerk on the first day of trial, and all exhibits must be pre-marked that day.

Government counsel must provide a list of exhibits and give it to the Courtroom Deputy Clerk on the first day of trial. All exhibits must be pre-marked on the first day of trial.

Judge Todd W. Robinson

CRITICALCriminal cases

Applies to: Jury instructions

Modified jury instructions must specify the modification and supporting authority.

any proposed modification of an instruction from statutory authority or the Ninth Circuit Models must state specifically the modification and the authority supporting the modification.

Judge Todd W. Robinson

CRITICALCriminal cases

Applies to: Standard conditions of supervised release

The Court expects defense counsel, in any felony matter, to read, explain, and provide their client with a copy of the Standard Conditions of Supervised Release prior to sentencing.

Judge Todd W. Robinson

CRITICALCriminal cases

Applies to: Motion to seal

Motions to seal must include a description of documents to seal, applicable legal standard and analysis, supporting affidavits/declarations, and the documents to be sealed.

Any motion to seal must set forth: (1) a description of the particular document(s) or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); (3) affidavits or declarations in support of the motion; and (4) the documents to be sealed.

Judge Todd W. Robinson

CRITICALCivil cases

Applies to: Jury questionnaire verdict form objections

Objections to jury questionnaire/verdict form due 1 week before PTC.

Any written objections to the other party’s proposed jury questionnaire and/or verdict form must be filed no later than one (1) week before the PTC.

Judge Todd W. Robinson

CRITICALCivil cases

Applies to: Opposition
Must include: objections to motion evidence

Objections to evidence must be in opposition or reply brief; no separate objection statements allowed.

Judge Todd W. Robinson

CRITICALCivil cases

Failure to exercise due care with AI-generated work may result in Rule 11 violations and sanctions.

Accordingly, failure to exercise due care in reviewing and filing work product created with the assistance of generative AI tools may violate Rule 11 and other applicable standards of practice and expose the filer to sanctions or other corrective or disciplinary action.

Judge Todd W. Robinson

CRITICALCivil cases

Applies to: Jury instructions objections

Objections to supplemental jury instructions due 1 week before PTC.

If the parties file supplemental sets of instructions not agreed upon, any objections shall be due no later than one (1) week before the PTC. Any objection shall contain a concise statement of argument concerning the objection, including citations to authority.

Judge Todd W. Robinson

CRITICALCivil cases

Applies to: Jury instructions

Email jury instructions in Word format to E-file Email.

In addition to filing the proposed preliminary and final jury instructions on the docket, the parties shall email the agreed-upon instructions and any supplemental instructions not agreed upon in Word format to the E-file Email.

Judge Todd W. Robinson

CRITICALCivil cases

Applies to: Jury questionnaire verdict form

Joint jury questionnaire and verdict form due 2 weeks before PTC.

Unless otherwise ordered by the Court, following meet-and-confer efforts, counsel shall serve, file, and lodge in Word format to the E-file Email a joint proposed jury questionnaire for use during voir dire and a joint proposed verdict form no later than two (2) weeks before the PTC.

Judge Todd W. Robinson

CRITICALCivil cases

Applies to: Jury questionnaire verdict form

Email jury questionnaire and verdict form in Word format to E-file Email.

In addition to filing the proposed jury questionnaire(s) and verdict form(s) on the docket, the parties shall email the proposed jury questionnaire(s) and verdict form(s) in Word format to the E-file Email.

Judge Todd W. Robinson

CRITICALCivil cases

Applies to: Demonstrative exhibit

Demonstrative exhibits must be exchanged 7 days before trial, objections due 3 court days before trial.

No later than seven (7) calendar days before the start of trial, the parties shall exchange any demonstrative exhibits that will be used during opening statements or during the testimony of any expert witness. Any objections to the demonstrative exhibits must be filed no later than three (3) court days before the first day of trial.

Judge Todd W. Robinson

CRITICALCivil cases

Applies to: Joint motion to dismiss
Must include: consent to jurisdiction

Dismissal motions retaining jurisdiction require signed Magistrate Judge Consent Form.

Any joint motion for dismissal or notice of dismissal that includes a provision that the Court retain jurisdiction will be rejected unless it is accompanied by a Consent to Jurisdiction by a United States Magistrate Judge form ("Consent Form") over all disputes arising out of the settlement agreement, including interpretation and enforcement of the settlement agreement, signed by all parties and their counsel.

Judge Todd W. Robinson

CRITICALCivil cases

Applies to: Witness and exhibit list

Witness and exhibit lists due to Ms. Ortiz on first day of trial, all exhibits must be pre-marked.

On the first day of trial, each party shall provide Ms. Ortiz with two (2) copies of its witness and exhibit lists in the form specified in Civil Local Rules 16.1(f)(2)(c) and (d). All exhibits must be pre-marked on the first day of trial.

Judge Todd W. Robinson

CRITICALCivil cases

Applies to: Jury instructions

Proposed jury instructions due 2 weeks before PTC.

Unless otherwise ordered by the Court, the parties shall serve their proposed preliminary and final jury instructions on each other with sufficient time to meet, confer, and jointly file a complete set of agreed-upon instructions no later than two (2) weeks before the PTC.

Judge Todd W. Robinson

CRITICALCivil cases

Applies to: All
Must include: local rule certificate

Rule 11 requires reasonable inquiry and certification of well-grounded filings.

“Rule 11 imposes a duty on attorneys [and pro se litigants] to certify that they have conducted a reasonable inquiry and have determined that any papers filed with the court are well grounded in fact[ and] legally tenable.”

Judge Todd W. Robinson

CRITICALCivil cases

Applies to: Stipulations

Stipulations must be in writing and marked as exhibit.

Stipulations and agreements must be reduced to writing and marked as an exhibit. All facts that are not contested must be listed in a form suitable to be read to the jury.

Judge Todd W. Robinson

CRITICALCivil cases

Applies to: Exhibits

Exhibits must have witness testimony to be admitted.

Even if the parties stipulate to their admission, the Court will not receive into evidence any exhibits that have not been the subject of witness testimony.

Judge Todd W. Robinson

CRITICALCivil cases

Applies to: Proposed order
Must include: proposed order

Proposed orders in Word format required with motions not set for hearing 28+ days after filing.

Proposed orders must be submitted in Word format simultaneously with all motions that are not fully noticed and set for hearing twenty-eight (28) days or more after the date of filing.

Judge William Q. Hayes

CRITICALCivil cases

Applies to: Motion in limine

Motions in limine due 2 weeks before motion in limine hearing date.

All motions in limine are due two weeks before the motion in limine hearing date.

Judge William Q. Hayes

CRITICALCivil cases

Applies to: Motion in limine response

Responses to motions in limine due 7 days before hearing date.

All responses are due seven (7) days before the motion in limine hearing date.

Judge William Q. Hayes

CRITICALCivil cases

Applies to: Joint motion to dismiss
Must include: email proposed order

File Joint Motion to Dismiss and email proposed order within 28 days of settlement if no deadline set.

If the magistrate judge does not set a deadline for the filing of a “Joint Motion to Dismiss,” the parties must file the “Joint Motion to Dismiss” and email a proposed order to this Court within twenty-eight (28) days of the settlement.

Judge William Q. Hayes

CRITICALCivil cases

Applies to: Joint proposed materials

Joint proposed jury instructions, verdict form, voir dire, statement of case, exhibit binders due 7 days before motion in limine hearing date.

Unless otherwise ordered by the Court, the joint proposed jury instructions, proposed verdict form, voir dire questions, statement of the case, exhibit binders and proposed verdict forms are also due seven (7) days before the motion in limine hearing date.

Judge William Q. Hayes

CRITICALCivil cases

Applies to: Oral argument
Must include: in person attendance

Oral argument must be attended in person unless otherwise ordered.

Unless otherwise ordered by the Court, all oral argument must be attended by counsel in person, and will be heard in open court.

Judge William Q. Hayes

CRITICALCriminal cases

Applies to: Exhibit list
Must include: exhibit list, pre marked exhibits

Government must provide exhibit list and pre-mark all exhibits on first trial day.

Government counsel must provide a list of exhibits and give it to the Courtroom Deputy Clerk on the first day of trial. All exhibits must be pre-marked on the first day of trial.

Judge William Q. Hayes

CRITICALCivil cases

Applies to: Stipulated protective order

Any protective order submitted for the Court's signature must contain the following two provisions: 1. No document shall be filed under seal unless counsel secures a court order allowing the filing of a document, or portion thereof, under seal. An application to file a document under seal shall be served on opposing counsel, and on the person or entity that has custody and control of the document, if different from opposing counsel. If opposing counsel, or the person or entity who has custody and control of the document, wishes to oppose the application, they must contact the chambers of the judge who will rule on the application to notify the Court that an opposition to the application will be filed. 2. The Court may modify the protective order sua sponte in the interests of justice or for public policy reasons.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Notice of settlement

Counsel must promptly file a Notice of Settlement, or alternatively a Motion to Dismiss, once a settlement is reached.

If the parties reach a settlement, counsel must promptly file a Notice of Settlement or an appropriate Motion to Dismiss.

Magistrate Judge Allison H. Goddard

CRITICAL

Applies to: Joint cmc statement

Before the initial CMC, the parties must lodge a compliant Joint CMC Statement with the Court by email.

Prior to the initial CMC, the parties must lodge a Joint CMC Statement with the Court at efile_goddard@casd.uscourts.gov that complies with the Court’s Requirements for Joint Case Management Statements (https://www.casd.uscourts.gov/Judges/goddard/docs/Goddard%20Joint%20Case%20Management%20Statement%20Rules.pdf).

Magistrate Judge Allison H. Goddard

CRITICAL

Applies to: Joint mediation plan

For a continuance sought to pursue private mediation, the parties must lodge a Joint Mediation Plan by email on the day they file the joint motion, stating the mediation date, mediator, agreed informal discovery, and exchange deadline.

Should the parties request a continuance based on the plan to pursue private mediation, in addition to the joint motion outlined above, the parties shall also lodge (not file) a Joint Mediation Plan via email at efile_goddard@casd.uscourts.gov on the same date they filed the joint motion. The joint plan must state: A. The firm date of mediation; B. The identity of the mediator; C. A complete list of informal discovery the parties agree to exchange before mediation; and D. A firm deadline by which the parties will exchange the informal discovery.

Magistrate Judge Allison H. Goddard

CRITICAL

Applies to: Protective order

A protective order submitted for signature must require a court order before sealing, service of any sealing application on opposing counsel and any different custodian, and notice to the judge’s chambers if an opposition will be filed.

Any protective order submitted for the Court’s signature must contain the following two provisions: 1. No document shall be filed under seal unless counsel secures a court order allowing the filing of a document, or portion thereof, under seal. An application to file a document under seal shall be served on opposing counsel, and on the person or entity that has custody and control of the document, if different from opposing counsel. If opposing counsel, or the person or entity who has custody and control of the document, wishes to oppose the application, they must contact the chambers of the judge who will rule on the application to notify the Court that an opposition to the application will be filed.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement

The joint case management statement must state whether parties fully and timely complied with initial disclosure obligations under Rule 26(a)(1).

7. Disclosures: Whether there has been full and timely compliance with the initial disclosure requirements of Fed. R. Civ. P. 26(a)(1).

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement

Parties must file the joint case management statement at least ten calendar days before the initial case management conference.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement

The joint case management statement must list past and pending motions, their status, and anticipated future motions.

4. Motions: All past and pending motions relating to this case, their current status, and any anticipated future motions.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement

The joint case management statement must include jurisdiction, service status, and any proposed service deadline.

1. Jurisdiction and Service: The basis for this Court’s subject matter jurisdiction over plaintiff’s claims and defendant’s counterclaims; whether any parties remain to be served; and a proposed deadline for service if any parties remain to be served.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement

The joint case management statement must address expected pleading amendments and propose a deadline to amend pleadings.

5. Amendment of Pleadings: The extent to which current parties, claims, or defenses are expected to be modified (i.e., added or dismissed), and a proposed deadline for amending the pleadings.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement

The joint case management statement must disclose related cases or proceedings in this court or other tribunals.

9. Related Cases: Any related cases or proceedings pending before another judge of this Court, or before another court or administrative body.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement

The joint case management statement must propose dates for expert disclosures, discovery and motion cutoffs, pretrial conference, and trial.

12. Scheduling: Proposed dates for expert disclosures, discovery and motion cutoffs, pretrial conference, and trial.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement

In patent cases, the joint case management statement must address proposed patent-rule deadline changes, claim-construction discovery limits, and whether damage discovery should be phased.

16. Patent Cases: Proposed modifications to the deadlines provided in the Patent Local Rules; the need for, and specific limits on, discovery relating to claim construction; and whether there is a need to phase damage discovery.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement

The joint case management statement must address whether each party filed any required notice of party with financial interest under CivLR 40.2.

14. Disclosure of Non-Party Interested Entities or Persons: If applicable, whether each party has filed a Notice of Party with Financial Interest required by CivLR 40.2.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement
Must include: local rule certificate

The joint case management statement must include a Rule 26(f) checklist certification and a summary of any checklist disputes.

6. Checklist for Rule 26(f) Conference: A certification that the parties have reviewed the Court’s Checklist for Rule 26(f) Conference, which can be found at https://www.casd.uscourts.gov/Judges/goddard/docs/Goddard%20Rule%2026(f)%20Conference%20Checklist.pdf, and a summary of any actual or anticipated disputes regarding items on the Checklist.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement

The joint case management statement must detail all requested relief and damages calculations, including the responding party’s damages-calculation basis if liability is found.

10: Relief: All relief sought through complaint or counterclaim, including the amount of any damages sought and a description of the bases on which damages should be calculated. Additionally, any party from whom damages are sought must describe the bases upon which it contends damages should be calculated if liability is established.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement

The joint case management statement must briefly identify disputed legal issues with statute and case citations, without extended argument.

3. Legal Issues: A brief statement, without extended legal argument, of the disputed points of law, including citations to specific statutes and relevant cases.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement

The joint case management statement must confirm that all listed attorneys reviewed CivLR 2.1 and agree to follow the court’s code of conduct.

15. Professional Conduct: Confirmation that all attorneys who will be listed in the pleadings or motions for any party have reviewed CivLR 2.1 and agree to abide by the Court’s Code of Conduct.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement

The joint case management statement must specify jury or bench trial and estimated trial length.

13. Trial: Whether the case will be tried to a jury or to the Court, and the expected length of the trial.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement

17. Other Matters: Any other matters that may facilitate the just, speedy, and inexpensive disposition of this matter.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement

The joint case management statement must summarize settlement discussions with dates, participants, and outcomes.

11. Settlement: Summary of any formal or informal settlement discussions, including dates, participants, and outcomes.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement
Must include: local rule certificate

Joint Case Management Statement due 10 calendar days before initial Case Management Conference

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement

The joint case management statement must provide a brief factual chronology and identify principal factual disputes.

2. Facts: A brief chronology of the facts and a statement of the principal factual issues in dispute.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Settlement offer response

Before the Meet and Confer discussion, the defendant must provide the plaintiff a written response stating a specific offer amount.

The defendant must respond to the plaintiff in writing with a specific offer amount prior to the Meet and Confer discussion.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Litigation hold

The parties should confirm that they are preserving relevant evidence, including electronically stored information (“ESI”), and that proper litigation holds are in place.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Discovery plan

The parties should discuss the sources of relevant information, including corporate and personal accounts, and disclose all software and applications that are used to generate, manage, and store that information.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Settlement conference statement

Each party must include its written settlement proposals in its Settlement Conference Statement to the Court.

Rather, the parties must include their written settlement proposals in their respective Settlement Conference Statements to the Court.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Settlement conference statement

Exhibits must be bookmarked within the PDF file.

Exhibits must be bookmarked within the .pdf file.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Settlement conference statement

The Settlement Conference Statement must address the suit’s facts, claims and defenses, procedural history and motions, undisputed facts, disputed facts and relevant evidence, and discrete issues that could facilitate resolution.

The Settlement Conference Statement shall include the following: A. Substance of the Suit i. A brief statement of the facts of the case. ii. The claims and defenses, including the statutory or other grounds upon which the claims are founded. iii. A summary of the proceedings to date, including a list of the motions previously made, their dispositions, and any pending motions. iv. A statement of facts not reasonably in dispute. v. A list of the key facts in dispute and the specific evidence relevant to a determination of those facts. vi. Any discrete issue that, if resolved, would facilitate the resolution of the case.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Settlement conference statement or confidential settlement letter

Parties must include the specified additional settlement information in either their Settlement Conference Statement or Confidential Settlement Letter.

The parties must submit the additional information below either in the Settlement Conference Statement or the Confidential Settlement Letter.

Magistrate Judge Allison H. Goddard

CRITICALCriminal cases

Applies to: Sentencing summary chart
Must include: judge name

Class A Misdemeanor cases require sentencing summary chart/memorandum filed 2 days before sentencing or plea hearing.

In Class A Misdemeanor cases, counsel shall file a sentencing summary chart and/or sentencing memorandum no later than 2 days before the sentencing hearing or change of plea hearing.

Magistrate Judge Allison H. Goddard

CRITICALCriminal cases

Applies to: Bond documents

Bond documents must be presented to CRD for review before chambers; must include Court's Order of Conditions of Release.

Counsel must present all bond documents in the form approved by the Court to Judge Goddard's CRD for review before bringing them to chambers. See Crim.LR. 46.1 for more information. The bond documents must include a copy of the Court’s Order of Conditions of Release applicable to the defendant.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement

The Joint Case Management Statement must address jurisdiction and service, facts, disputed legal issues, motions, anticipated pleading amendments, Rule 26(f) checklist review and disputes, and initial disclosure compliance.

The parties must file a Joint Case Management Statement no later than ten calendar days before the initial Case Management Conference scheduled pursuant to CivLR 16.1.d that includes the following information: 1. Jurisdiction and Service: The basis for this Court’s subject matter jurisdiction over plaintiff’s claims and defendant’s counterclaims; whether any parties remain to be served; and a proposed deadline for service if any parties remain to be served. 2. Facts: A brief chronology of the facts and a statement of the principal factual issues in dispute. 3. Legal Issues: A brief statement, without extended legal argument, of the disputed points of law, including citations to specific statutes and relevant cases. 4. Motions: All past and pending motions relating to this case, their current status, and any anticipated future motions. 5. Amendment of Pleadings: The extent to which current parties, claims, or defenses are expected to be modified (i.e., added or dismissed), and a proposed deadline for amending the pleadings. 6. Checklist for Rule 26(f) Conference: A certification that the parties have reviewed the Court’s Checklist for Rule 26(f) Conference, which can be found at https://www.casd.uscourts.gov/Judges/goddard/docs/Goddard%20Rule%2026(f)% 20Conference%20Checklist.pdf, and a summary of any actual or anticipated disputes regarding items on the Checklist. 7. Disclosures: Whether there has been full and timely compliance with the initial disclosure requirements of Fed. R. Civ. P. 26(a)(1).

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Applies to: Joint case management statement

The Joint Case Management Statement must address discovery, related cases, requested relief and damages, settlement discussions, proposed scheduling dates, trial mode and length, applicable interested-entity disclosures, attorney professional conduct, patent-case issues, and other matters that may facilitate disposition.

8. Discovery: Discovery served to date, if any, and any proposed limitations or modifications of the discovery rules 9. Related Cases: Any related cases or proceedings pending before another judge of this Court, or before another court or administrative body. 10: Relief: All relief sought through complaint or counterclaim, including the amount of any damages sought and a description of the bases on which damages should be calculated. Additionally, any party from whom damages are sought must describe the bases upon which it contends damages should be calculated if liability is established. 11. Settlement: Summary of any formal or informal settlement discussions, including dates, participants, and outcomes. 12. Scheduling: Proposed dates for expert disclosures, discovery and motion cutoffs, pretrial conference, and trial. 13. Trial: Whether the case will be tried to a jury or to the Court, and the expected length of the trial. 14. Disclosure of Non-Party Interested Entities or Persons: If applicable, whether each party has filed a Notice of Party with Financial Interest required by CivLR 40.2. 15. Professional Conduct: Confirmation that all attorneys who will be listed in the pleadings or motions for any party have reviewed CivLR 2.1 and agree to abide by the Court’s Code of Conduct. 16. Patent Cases: Proposed modifications to the deadlines provided in the Patent Local Rules; the need for, and specific limits on, discovery relating to claim construction; and whether there is a need to phase damage discovery. 17. Other Matters: Any other matters that may facilitate the just, speedy, and inexpensive disposition of this matter.

Magistrate Judge Allison H. Goddard

CRITICALCriminal cases

Applies to: Rule 11 plea form
Must include: signature block

Counsel must have the client sign the written consent to the Rule 11 plea form before the scheduled hearing.

Counsel shall have the written consent to Rule 11 Plea form signed by their client prior to the scheduled hearing.

Magistrate Judge Allison H. Goddard

CRITICALCriminal cases

Applies to: Waiver of indictment
Must include: signature block

Counsel must have the client sign the written Waiver of Indictment before the hearing and provide it to the Courtroom Deputy before the calendar begins.

Counsel shall have the written Waiver of Indictment signed by their client prior to the scheduled hearing and shall provide it to the Courtroom Deputy prior to the commencement of the calendar.

Magistrate Judge Allison H. Goddard

CRITICALCriminal cases

Applies to: Joint motion
Must include: signature block

Written stipulations for modifying bail conditions are accepted when submitted as a joint motion signed by all counsel, the defendant, the bond sureties, and the supervising Pretrial Services Officer.

The Court will accept written stipulations for modification of bail conditions if they are in the form of a “joint motion”signed by all counsel, the defendant, the bond sureties, and the Pretrial Services Officer supervising the defendant.

Magistrate Judge Allison H. Goddard

CRITICALCriminal cases

Applies to: Joint motion
Must include: proposed order

The joint motion must include a copy of the Order of Conditions of Release, and the filing party must submit a separate proposed order for the judge’s signature.

A copy of the Order of Conditions of Release must be attached to the joint motion and the filing party must submit a separate proposed order for the judge to sign.

Magistrate Judge Allison H. Goddard

CRITICALCriminal cases

Applies to: Bond documents

Counsel must present all bond documents in the Court-approved form to Judge Goddard’s CRD for review before bringing them to chambers.

Counsel must present all bond documents in the form approved by the Court to Judge Goddard's CRD for review before bringing them to chambers.

Magistrate Judge Allison H. Goddard

CRITICALCriminal cases

Applies to: Bond documents

Bond documents must include the applicable Order of Conditions of Release.

The bond documents must include a copy of the Court’s Order of Conditions of Release applicable to the defendant.

Magistrate Judge Allison H. Goddard

CRITICALCriminal cases

Applies to: Material witness bond

Material witness bonds must be presented to Judge Goddard’s CRD for review.

Material witness bonds must also be presented to Judge Goddard’s CRD for review.

Magistrate Judge Allison H. Goddard

CRITICALCriminal cases

Applies to: Material witness bond

A Material Witness bond must note the arraignment date and counsel’s initials in its upper right-hand corner.

Material Witness bonds must include a notation, in the upper right hand corner of the bond, of the arraignment date and the initials of counsel for the material witness.

Magistrate Judge Allison H. Goddard

CRITICAL

Applies to: Proposed esi order

Any proposed ESI order must recognize the Court’s authority to modify its terms for good cause later in the litigation.

The parties must include language in any proposed ESI order that recognizes the Court’s authority to modify the terms of the order for good cause at later stages of the litigation.

Magistrate Judge Barbara L. Major

CRITICAL

Applies to: Checklist

Attorneys and pro se litigants must review the Checklist at the Rule 26(f) initial conference.

To that end, the Court requires attorneys and pro se litigants to review this Checklist at the initial conference required under Fed. R. Civ. P. 26(f).

Magistrate Judge Barbara L. Major

CRITICALCivil cases

Applies to: Protective order

Proposed protective order must be emailed in Word format to efile_major@casd.uscourts.gov.

The parties must also email a proposed order, in Word format, containing the text of the protective order to efile_major@casd.uscourts.gov.

Magistrate Judge Barbara L. Major

CRITICALCivil cases

Applies to: Order
Must include: compliance with all requirements

Parties must comply with all requirements in orders.

Again, read the orders carefully as parties are required to comply with all of the requirements contained therein.

Magistrate Judge Barbara L. Major

CRITICALCivil cases

Applies to: ENE MSC SC
Must include: full settlement authority

Full settlement authority required for all attendees; limited authority not acceptable.

The Court further requires that all attendees have “full settlement authority” as defined in the Court’s order. A limited or sum certain settlement authority is not acceptable as each party must be able to engage in meaningful face-to-face discussions with the unfettered ability to change the party’s settlement position.

Magistrate Judge Barbara L. Major

CRITICALCivil cases

Applies to: Protective order
Must include: signature blocks

Stipulated protective orders must be filed as joint motions with electronic signatures.

All stipulated protective orders must be filed as a joint motion. The joint motion must contain the language of the stipulated protective order sought and the parties’ electronic signatures.

Magistrate Judge Barbara L. Major

CRITICALCivil cases

Applies to: ENE MSC SC
Must include: attendance, preparation

All named parties, representatives, insurance adjusters, and principal attorneys must participate in settlement proceedings.

All named parties and party representatives, insurance adjusters for insured parties, and principal attorneys are required to participate in the settlement proceeding and must be legally and factually prepared to discuss settlement of the case.

Magistrate Judge Barbara L. Major

CRITICALCivil cases

Applies to: Discovery motion
Must include: certificate of conference

Discovery motions must include declaration, discovery request/response, and explanation with legal authority.

The discovery motion must contain at a minimum 1) a declaration from lead trial counsel establishing compliance with the meet and confer efforts; 2) the exact wording of the discovery request and response, and 3) an explanation as to why the response is inadequate, precisely what additional information the moving party is seeking, and the legal authority supporting the motion.

Magistrate Judge Barbara L. Major

CRITICALCivil cases

Applies to: Order
Must include: meet and confer, initial disclosures, joint discovery plan +2 more

Order requires meet and confer, joint discovery plan, initial disclosures, ENE statements, and conference attendance.

Please read this order carefully. The order will require, among other things, the parties to meet and confer, file a joint discovery plan, serve initial disclosures, lodge ENE statements, and attend the ENE/CMC conference.

Magistrate Judge Barbara L. Major

CRITICALCivil cases

Deadline: 21 calendar days before msc
Applies to: Settlement response
Must include: specific offer amount

Defendant must respond with specific offer amount 21 days before MSC.

The Defendant must respond to the Plaintiff in writing with a specific offer amount no later than 21 calendar days before the MSC.

Magistrate Judge David D Leshner

CRITICALCivil cases

Deadline: 10 calendar days before msc
Applies to: Msc statement

MSC Statement required 10 days before MSC; optional 5-page Confidential Settlement Letter for Court only.

No later than 10 calendar days prior to the MSC, each party shall submit a MSC Statement that will be exchanged with the other parties. Each party may also submit an optional Confidential Settlement Letter (not to exceed 5 pages) that will be for the Court’s review only.

Magistrate Judge David D Leshner

CRITICALCivil cases

Deadline: 28 calendar days before msc
Applies to: Settlement proposal
Must include: specific monetary demand, specific remediation demand

Plaintiff must serve written settlement proposal with specific monetary demand 28 days before MSC.

No later than 28 calendar days before the Mandatory Settlement Conference (“MSC”), the Plaintiff must serve on the Defendant a written settlement proposal, which must include a specific monetary demand (and, if applicable, a demand for specific remediation or other action).

Magistrate Judge David D Leshner

CRITICALCivil cases

Applies to: Settlement proposal

Settlement proposals and responses must not be filed with or copied to the Court.

The parties shall not file or copy the Court on these exchanges.

Magistrate Judge David D Leshner

CRITICAL

Applies to: Proposed order
Must include: proposed order

All proposed orders should be submitted by email (efile_leshner@casd.uscourts.gov) in Word format and should be free of any attorney names, firm names, document management numbers or insignia in the caption, margins or footer.

Magistrate Judge David D Leshner

CRITICAL

Applies to: Plea document
Must include: judge name, case number

Plea documents must be lodged by noon day before hearing

The parties must lodge all plea-related documents no later than noon the day before any change of plea hearing. Where plea-related documents are not timely lodged, the change of plea will be taken off calendar and rescheduled for another day.

Magistrate Judge Guillermo Cabrera

CRITICAL

Emails to chambers requesting discovery dispute conferences must include 3 agreed dates, neutral dispute statement, and one sentence per party position.

After meet and confer attempts have been exhausted, the movant must e-mail chambers at efile_cabrera@casd.uscourts.gov seeking a conference to discuss the discovery dispute. The email must include: (1) at least three proposed dates and times mutually agreed upon by the parties for the conference; (2) a neutral statement of the dispute; and (3) one sentence describing (not arguing) each party’s position. The movant must copy all counsel on the email.

Magistrate Judge Guillermo Cabrera

CRITICAL

Applies to: Protective order

Protective orders differing from the model must include an explanation of changes and a redlined copy highlighting changes.

If the parties jointly seek a protective order that differs from his model protective order, the joint motion must explain the basis for the proposed changes, and the parties must attach to the joint motion a redlined copy of the proposed protective order highlighting the changes.

Magistrate Judge Guillermo Cabrera

CRITICAL

Applies to: Notice of settlement

Counsel must file a Notice of Settlement upon case settlement.

If the parties reach a settlement outside the presence of the Court, counsel must promptly email chambers to advise of the settlement and file a Notice of Settlement.

Magistrate Judge Janet A. Cabral

CRITICALCivil cases

Applies to: Stipulated protective order
Must include: joint motion

Stipulated protective orders must be filed as joint motions.

All stipulated protective orders submitted for the Court's approval must be filed as a joint motion pursuant to CivLR 7.2.

Magistrate Judge Jill L. Burkhardt

CRITICALCivil cases

Applies to: Joint discovery statement

Joint Discovery Statement must be lodged within 30 days of dispute.

No later than 30 calendar days after the date upon which the event giving rise to the discovery dispute occurred (see § V.E), if the parties have been unable to resolve their dispute through the meet and confer process, the parties shall: Lodge a Joint Discovery Statement with the Court.

Magistrate Judge Jill L. Burkhardt

CRITICALCivil cases

Applies to: Litigation hold

The parties should confirm that they are preserving relevant evidence, including electronically stored information (“ESI”), and that proper litigation holds are in place. The parties should be wary of applying too narrow a definition of what constitutes relevant ESI, since a miscalculation could lead to the permanent loss of relevant information.

Magistrate Judge Karen S. Crawford

CRITICALCivil cases

Must include: in person appearance

All key parties must appear in person at settlement conferences.

All named parties, party representatives, claims adjusters for insured defendants, and the principal attorney(s) responsible for the litigation, must be present in person and prepared to discuss and resolve the case at the ENE or any other settlement conference.

Magistrate Judge Michael S. Berg

CRITICALCivil cases

Applies to: Ex parte motion

Ex parte motions must comply with Civ. LR 83.3(g) and include meet-and-confer declarations.

All ex parte motions must comply with Civ. LR 83.3(g). Further, declaration(s) in support of the ex parte motion must describe meet and confer efforts made to resolve the dispute without the Court's intervention.

Magistrate Judge Michael S. Berg

CRITICALCivil cases

Applies to: Protective order motion
Must include: proposed order, signature blocks

Stipulated protective order motions require order language and all counsel signatures.

When filing a motion for entry of a stipulated protective order, the motion must include the language of the stipulated protective order and the signatures of counsel for all parties.

Magistrate Judge Michael S. Berg

CRITICALCivil cases

Applies to: Search methodology

The parties should discuss what search methodologies will be used to identify responsive ESI, including the use of search terms, technology assisted review ("TAR"), or Generative Artificial Intelligence ("GenAI") tools, and how those

Magistrate Judge Michelle M. Pettit

CRITICALCivil cases

Applies to: Litigation hold

The parties should confirm that they are preserving relevant evidence, including electronically stored information ("ESI"), and that proper litigation holds are in place.

Magistrate Judge Michelle M. Pettit

CRITICALCivil cases

Applies to: Protective order

The parties should discuss whether a protective order is necessary prior to exchanging information in discovery and the timing for submitting a proposed order to the Court.

Magistrate Judge Michelle M. Pettit

CRITICALCivil cases

Applies to: Automatic destruction

Whether to continue any automatic destruction program, such as ongoing erasures of e-mails, voicemails, videos, or other electronically stored material;

Magistrate Judge Michelle M. Pettit

CRITICALCivil cases

Applies to: Esi exemptions

Whether certain categories of ESI need not be reviewed, preserved or produced because they are inaccessible, burdensome, not proportional, or unlikely to yield relevant information;

Magistrate Judge Michelle M. Pettit

CRITICALCivil cases

Applies to: Data storage locations

Location of systems in which potentially discoverable information is stored.

Magistrate Judge Michelle M. Pettit

CRITICALCivil cases

Applies to: Information sources

Magistrate Judge Michelle M. Pettit

CRITICALCivil cases

Applies to: Litigation hold

The parties should consider and discuss the following: The scope of any litigation hold, including, but not limited to, a description of information sources to be preserved, date ranges for any ESI to be preserved, and names, job titles, or descriptions of custodians for whom ESI will be preserved;

Magistrate Judge Michelle M. Pettit

CRITICALCivil cases

Applies to: Rule 26f conference

Attorneys and pro se litigants should review the topics set forth in this Checklist at the initial conference required under Fed. R. Civ. P. 26(f).

Magistrate Judge Michelle M. Pettit

CRITICALCivil cases

Applies to: Preservation disputes

Any disputes related to the scope or manner of preservation;

Magistrate Judge Michelle M. Pettit

CRITICALCivil cases

Applies to: Discovery motion
Must include: certificate of conference

Discovery motions must include declaration of meet and confer, exact request/response, and explanation with legal authority.

Any discovery motion must include: 1. A declaration from lead trial counsel establishing compliance with the in-person or videoconference meet and confer requirement; 2. The exact wording of the discovery request and response in dispute; and 3. An explanation as to why the response is inadequate, precisely what additional information the moving party is seeking including any offers to narrow the request, and the legal authority supporting the motion.

Magistrate Judge Michelle M. Pettit

CRITICALCivil cases

Applies to: Proposed order
Must include: proposed order

Proposed Orders: All proposed orders should be submitted by email (efile_Pettit@casd.uscourts.gov) in Word format and should be free of any attorney names, firm names, document management numbers, or insignia in the caption, margins, or footer.

Magistrate Judge Michelle M. Pettit

CRITICALCriminal cases

Applies to: Joint bail modification motion
Must include: signature blocks

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.

Magistrate Judge Mitchell D. Dembin

CRITICALCriminal cases

Applies to: Plea agreement
Must include: signature blocks

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.

Magistrate Judge Mitchell D. Dembin

CRITICALCriminal cases

Applies to: Sentencing document
Must include: filing deadline

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.

Magistrate Judge Mitchell D. Dembin

CRITICALCriminal cases

Applies to: Bail document
Must include: chambers review

Bail documents must be presented to Courtroom Deputy for review.

Bail documents, in the format approved by the Court, must be presented to Judge Dembin=s Courtroom Deputy for review.

Magistrate Judge Mitchell D. Dembin

CRITICALCriminal cases

Applies to: Bail document
Must include: surety addendum, bail information sheet, receipt of cash deposit +2 more

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.

Magistrate Judge Mitchell D. Dembin

CRITICALCriminal cases

Applies to: Material witness bond
Must include: arraignment date notation

Material witness bonds require arraignment date notation.

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.

Magistrate Judge Mitchell D. Dembin

CRITICALCriminal cases

Applies to: Plea document
Must include: original fully executed

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).

Magistrate Judge Mitchell D. Dembin

CRITICALCivil cases

Applies to: Settlement conference
Must include: in person appearance

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.

Magistrate Judge Mitchell D. Dembin

CRITICALCivil cases

Applies to: Joint discovery plan
Must include: lodged with chambers

Joint Discovery Plan due 5 days before ENE/CMC

The Joint Discovery Plan must be lodged with chambers no later than five (5) days prior to the ENE/CMC.

Magistrate Judge Mitchell D. Dembin

CRITICALCivil cases

Applies to: Motion to amend scheduling order
Must include: declaration

Motion to amend scheduling order must include declaration detailing compliance efforts and reasons for deadline issues.

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.

Magistrate Judge Mitchell D. Dembin

CRITICALCivil cases

Applies to: Joint motion
Must include: points and authorities, certificate of conference

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

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

Magistrate Judge Mitchell D. Dembin

CRITICALCivil cases

Applies to: Settlement brief
Must include: case facts, settlement demand, prior negotiations

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.

Magistrate Judge Mitchell D. Dembin

CRITICALCivil cases

Applies to: Excusal motion
Must include: good cause required, ex parte or joint motion

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. Dembin

CRITICAL

Applies to: Ex parte motion
Must include: service on opposing counsel

Ex parte motions must be served on opposing counsel via fax, email with return receipt, or overnight mail

Any ex parte motion filed with the Court must be served on opposing counsel via facsimile, electronic mail with return receipt requested, or overnight mail.

Southern District of California Document Filing Requirements

What must be included with sentencing letter filings in Southern District of California?

What must be included with proposed order filings in Southern District of California?

What must be included with motion filings in Southern District of California?

What must be included with certificate of conference filings in Southern District of California?

What must be included with joint statement of undisputed facts filings in Southern District of California?

What must be included with final pretrial order filings in Southern District of California?

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