Judge Thomas J. Whelan
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Hand Delivery
Adjournments
- Joint motions for continuance must be filed 3 court days before deadline; ex parte applications require diligence and prejudice analysis.
Communication
Chambers
Page & Word Limits1 rule
Informal letter briefs (max 2 single-spaced pages) required for pretrial conference, due Wednesday before at 3:00 PM.
- Pretrial letter brief
- Up to 2 pages
Court's wording
In addition to the Proposed Pretrial Order, the parties shall separately submit informal letter briefs, not exceeding two (2) single-spaced pages, to Judge Whelan's chambers (and not filed in the Clerk's Office). The letter briefs must be submitted no later than 3:00 p.m. on the Wednesday before the pretrial conference.
Document Format Requirements1 rule
Proposed orders must include '[PROPOSED]' in brackets and remove all extraneous information from headers, footers, and margins.
- Proposed order
Formatting
- •Include '[PROPOSED]' in brackets in document title
Court's wording
The word “proposed” in brackets (e.g., “[PROPOSED] ORDER GRANTING EX PARTE APPLICATION TO. . .”) must appear on the document. This Chambers Rule, mandating the addition of “[PROPOSED],” supersedes Section 2(h) of the ECF Manual. Additionally, all extraneous information shall be removed from the headers, footers, and margins (e.g., contact information and any attorney or firm information, including firm logos).
Document Filing Requirements5 rules
The notice of motion and motion shall state the selected hearing date in the caption. This is the date used by the Court and all parties for determining the briefing schedule.
- Document
- Motion
- Placement
- Caption
Must include
- •Hearing date
Below the selected hearing date in the caption, counsel or the filing party shall include the following header: NO ORAL ARGUMENT PER LOCAL RULE UNLESS FURTHER ORDERED BY THE COURT.
- Placement
- Caption
In the caption of its notice of motion and motion, the moving party shall include the following: NO ORAL ARGUMENT PER LOCAL RULE UNLESS FURTHER ORDERED BY THE COURT.
- Document
- Motion
- Placement
- Caption
Proposed orders must be submitted simultaneously with joint motions or ex parte requests via email in Word format.
Court's wording
Proposed orders must be submitted to chambers simultaneously with the filing of all joint motions or ex parte requests. The proposed order should be submitted in Word format by email, with the case number and case name in the subject line of the email, to efile_whelan@casd.uscourts.gov.
Letter briefs must be served on opposing counsel and emailed to chambers in Word format.
Court's wording
The informal letter briefs shall also be served on opposing counsel. The informal letter briefs and Proposed Pretrial Order shall be submitted to chambers in Word format by emailing to efile_whelan@casd.uscourts.gov.
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies required for filings over 20 pages.
Courtesy copies of filings exceeding twenty (20) pages shall be delivered directly to chambers.
Civil cases
Page 2 | Motions
Courtesy copies must match ECF and be tabbed if over 3 exhibits.
Unless expressly required by the Court, courtesy copies must be identical to the electronically filed documents, and if the document has more than three (3) exhibits, the exhibits must be tabbed.
Civil cases
Page 2 | Motions
Pre-Motion Conference Requirements
Motion hearing dates must be Mondays between 28-45 days after filing.
Before filing a motion, Counsel or the filing party shall select the hearing date by choosing a Monday that is between 28 days and 45 days from the motion’s actual filing date.
Civil cases
Page 1 | Motions
Moving parties shall raise all factual and legal bases for the motion in the opening brief. Factual matters or legal arguments raised by a party for the first time in the reply brief, unless directly in response to the opposition, may not be considered.
Moving parties shall raise all factual and legal bases for the motion in the opening brief. Factual matters or legal arguments raised by a party for the first time in the reply brief, unless directly in response to the opposition, may not be considered.
Civil cases
Page 2 | Motions
Non-opposition statements must be filed 14 days before hearing.
A party that determines that it will not oppose a given motion shall file a statement of non-opposition no later than 14 days before the hearing date.
Civil cases
Page 2 | Motions
TROs and preliminary injunctions must be briefed; ex parte hearings only in extraordinary circumstances.
All motions for a temporary restraining order or preliminary injunction shall be briefed. While temporary restraining orders may be heard ex parte, the Court will do so only in extraordinary circumstances. The Court’s strong preference is for the opposing party to be served and afforded a reasonable opportunity to file an opposition. In appropriate cases, the Court may issue a limited restraining order to preserve evidence pending further briefing.
Civil cases
Page 3 | 4. Temporary Restraining Orders
Meet and confer required before ex parte applications, with declaration documenting efforts and service required.
Before filing an ex parte application, counsel shall make every attempt to contact the opposing party to meet and confer regarding the subject of the ex parte application. All ex parte applications shall be accompanied by a declaration from counsel, or the filing party, documenting (1) efforts to contact opposing counsel, (2) counsel’s meet and confer efforts, and (3) opposing counsel’s position regarding the ex parte application. Any ex parte application filed with the Court shall be served on the opposing counsel via facsimile, electronic mail or overnight mail.
Civil cases
Page 3 | 5. Administrative Requests, Ex Parte Applications
Parties must meet and confer to create joint statement of disputed/undisputed facts for summary judgment, filed with reply brief.
Ten (10) days before the hearing date, the parties shall meet and confer to arrive at a joint statement of disputed and undisputed facts, which shall be filed no later than the reply brief. The Court will not consider any separate statements of disputed or undisputed facts.
Civil cases
Page 3 | h. Motions for Summary Judgment
Meet and confer required before motions to amend pleadings, with declaration if no agreement reached.
Before filing any motions to amend the pleadings, counsel shall meet and confer in good faith regarding the proposed amendment. To facilitate this process, the party seeking to amend its pleading shall provide opposing counsel with a copy of the proposed amended pleading along with an explanation of the reasons for the amendment. If counsel are unable to reach agreement regarding the proposed amendment, counsel filing the motion to amend shall attach a declaration to the motion documenting counsels’ meet and confer efforts.
Civil cases
Page 3 | g. Motions to Amend the Pleadings
Meet and confer required before filing motions in limine to resolve disputes.
Before filing any motions in limine, parties are required to meet and confer to resolve their dispute. If the parties are
Civil cases
Page 4 | 8. Motions in Limine
Motions in limine must be filed and served no later than four (4) weeks before trial, and any opposition must be filed no later than two (2) weeks before trial. Reply briefs should not be filed.
Motions in limine must be filed and served no later than four (4) weeks before trial, and any opposition must be filed no later than two (2) weeks before trial. Reply briefs should not be filed.
Civil cases
Page 5 | Motions in limine
Failure to oppose motion is deemed consent to granting.
An opposing party’s failure to file a memorandum of points and authorities in opposition to any motion will be construed as consent to the granting of the motion.
Civil cases
Page 2 | Motions
Court may order oral argument with 3-day notice.
If the Court decides that oral argument will assist it in deciding a given motion, counsel will be notified at least three (3) court days before the scheduled hearing date.
Civil cases
Page 2 | Motions
Adjournment & Extension Requirements
Meet and confer required before requesting continuances; joint motion with declaration and proposed order if agreement reached.
Parties requesting a continuance of any conference, hearing, deadline, briefing schedule, or other procedural changes shall meet and confer prior to contacting the Court. If the parties reach an agreement, no hearing date is required and the parties shall file a joint motion, including a declaration that details the reason(s) for the requested continuance or extension of time. They shall also submit a proposed Order as set forth in Chambers Civil Rule 7.
Civil cases
Page 4 | 6. Continuances
Joint motions for continuance must be filed 3 court days before deadline; ex parte applications require diligence and prejudice analysis.
Except in extraordinary circumstances, joint motions to amend a briefing schedule or a motion hearing date must be filed no later than three (3) court days before the affected date. If the parties are unable to reach an agreement, the party requesting the continuance shall file an ex parte application satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result. In addition, the ex parte application shall state (1) the original date, (2) the number of previous continuance requests and (3) whether previous requests were granted or denied.
Civil cases
Page 4 | 6. Continuances
All requests for continuance should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk, at 619-557‐2921. If counsel stipulate to the requested continuance, a joint motion stating the reason for the continuance and whether the defendant is in custody shall be filed no later than the Wednesday prior to the Monday hearing. If the defendant is out on bond, an acknowledgment of next court date must be filed with the joint motion. The proposed order should be emailed to efile_whelan@casd.uscourts.gov when the joint motion is filed, and the email’s subject line should contain the case number and defendant’s name.
All requests for continuance should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk, at 619-557‐2921. If counsel stipulate to the requested continuance, a joint motion stating the reason for the continuance and whether the defendant is in custody shall be filed no later than the Wednesday prior to the Monday hearing. If the defendant is out on bond, an acknowledgment of next court date must be filed with the joint motion. The proposed order should be emailed to efile_whelan@casd.uscourts.gov when the joint motion is filed, and the email’s subject line should contain the case number and defendant’s name.
Criminal cases
Page 1 | Requests for Continuance
Chambers Communication Rules
The proposed order should be submitted in Word format by email, with the case number and case name in the subject line of the email, to efile_whelan@casd.uscourts.gov.
The proposed order should be submitted in Word format by email, with the case number and case name in the subject line of the email, to efile_whelan@casd.uscourts.gov.
Civil cases
Page 4 | 7. Proposed Orders
Consistent with Local Rule 83.9, counsel and parties shall refrain from writing letters or placing telephone calls to the Court, sending the Court copies of letters addressed to others, or otherwise causing or encouraging ex parte communications with the Court.
Consistent with Local Rule 83.9, counsel and parties shall refrain from writing letters or placing telephone calls to the Court, sending the Court copies of letters addressed to others, or otherwise causing or encouraging ex parte communications with the Court.
Civil cases
Page 5 | Communication with the Court
Faxes to chambers are prohibited unless specifically requested by the Court.
B. Faxes. Faxes to chambers are prohibited, unless specifically requested by the Court. If faxes are requested, copies of the same shall be simultaneously faxed or delivered to all counsel. The chambers fax number is 619-702‐9915.
Criminal cases
Page 1 | Communications with Chambers
Letters to chambers are prohibited unless specifically requested by the Court.
A. Letters. Letters to chambers are prohibited, unless specifically requested by the Court. If letters are requested, copies of the same shall be simultaneously delivered to all counsel. Copies of correspondence between counsel shall not be sent to the Court.
Criminal cases
Page 1 | Communications with Chambers
Counsel must personally initiate authorized communications with Court/chambers staff, not through representatives.
Absent extraordinary circumstances, counsel shall personally initiate any authorized communications with the Court or chambers staff, rather than rely on a representative (e.g., a secretary or paralegal).
Civil cases
Page 5 | Communication with the Court
For criminal matters, call the Courtroom Deputy Clerk at 619-557-2921.
C. Telephone Calls. For criminal matters, call the Courtroom Deputy Clerk, at 619-557‐2921. For civil matters, call chambers at 619-557‐6625.
Criminal cases
Page 1 | Communications with Chambers