Southern District of California Filing Timing and Cure Windows

Deadline

1 calendar days

Plea-related documents must be lodged by noon the day before change of plea hearing, or the hearing is rescheduled.

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.

Deadline

30 calendar days

Discovery dispute procedures must be initiated within 30 days of the triggering event (deposition date or written discovery response date).

The parties must initiate the procedure described in section C above within 30 days of the event giving rise to the dispute. For disputes regarding depositions, the event giving rise to the dispute is the date of the deposition in which the dispute arose. For disputes regarding written discovery, the event giving rise to the dispute is the date the initial response was served, or, if a party fails to respond, the date the response was due.

Deadline

5 business days

Designating parties must file a joinder in motions to seal (with protectability showing) within 5 business days of service.

Where the party requesting sealing is not the designating party (i.e., the request to seal is made because another party has designated information “confidential”), the designating party must file a joinder in the motion to seal within five business days of service and must make the required showing that the information is protectable under the law.

Deadline

5 business days

Oppositions to motions to seal must be filed within 5 business days of service.

Any opposition to a motion to seal must also be filed within five business days of service.

Deadline

1 calendar days

Plea-related documents must be lodged by noon the day before the change of plea hearing, or the hearing is rescheduled.

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.

Deadline

45 calendar days

Discovery dispute procedures must be initiated within 45 calendar days of the dispute event (deposition completion or written response service/due date).

The parties must initiate the procedure described in section C above within 45 days of the event giving rise to the dispute. For disputes regarding depositions, the event giving rise to the dispute is the completion of the deposition. For disputes regarding written discovery, the event giving rise to the dispute is the date the initial response was served, or, if a party fails to respond, the date the response was due.

Deadline

4 business days

Designating parties must join sealing motions within 4 business days of service; oppositions also due within 4 business days of service.

Where the party requesting sealing is not the designating party (i.e., the request to seal is made because another party has designated information “confidential”), the designating party must file a joinder in the motion to seal within 4 business days of service and must make the required showing that the information is protectable under the law. The fact that the information has been designated confidential pursuant to a stipulated protective order, standing alone, is not a sufficient basis for sealing. Any opposition to a motion to seal must also be filed within 4 business days of service.

Deadline

14 calendar days

Pretrial motions (other than motions in limine and sentencing motions) must be filed at least 14 calendar days before the hearing.

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

Deadline

7 calendar days

Applies to

Opposition

Opposition briefs to motions must be filed at least 7 calendar days before the hearing.

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

Deadline

7 calendar days

Applies to

Rule 16 timetable informing court

At least 7 calendar days before the first motion hearing, the parties must submit a written agreed-upon discovery and expert-witness timetable under Rule 16, including any disagreements.

Not later than seven 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, body-worn camera/remote-cam video, 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.

Matters submitted after on Friday are not considered until the following Monday after that day's calendar matters.

As a senior District Judge, Judge Battaglia will not be available on Fridays. All matters submitted on Friday will be considered on the following Monday after the calendar matters for the day are addressed.