2021 Civil Standing Order; 2021 Order Setting Scheduling Conference; 2021 Civil Trial Scheduling Order; 2021 Criminal Standing Order; JERS Information Sheet

=== 2021 Civil Standing Order ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA , , Plaintiff, v. Defendant. Case No. CV-PA (x) STANDING ORDER READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Percy Anderson. Both the Court and the attorneys bear responsibility for the progress of litigation in the Federal Courts. To secure the just, speedy, and inexpensive determination of every action, Fed. R. Civ. P. 1, all counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. IT IS HEREBY ORDERED: 1. Service of the Complaint: The Plaintiff shall promptly serve the Complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Local Rule 5-3.1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Presence of Lead Counsel: Lead trial counsel shall attend all proceedings before this Court, including all status and settlement conferences. 3. Discovery: (a) All discovery matters have been referred to a United States Magistrate Judge, who will hear all discovery disputes. (The Magistrate Judge’s initials follow the Judge’s initials next to the case number.) All discovery documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing. Counsel are directed to contact the Magistrate Judge’s Courtroom Deputy Clerk to schedule matters for hearing. Please do not deliver courtesy copies of these documents to this Court. The decision of the Magistrate Judge shall be final, subject to modification by the District Court only where it has been shown that the Magistrate Judge’s Order is clearly erroneous or contrary to law. Any party may file and serve a motion for review and reconsideration before this Court. The moving party must file and serve the motion within ten (10) days of service of a written ruling or within ten (10) days of an oral ruling that the Magistrate Judge states will not be followed by a written ruling. The motion must specify which portions of the ruling are clearly erroneous or contrary to law and support the contention with points and authorities. Counsel shall deliver a conformed copy of the moving papers and responses to the Magistrate Judge’s clerk at the time of filing. (b) Unless there is a likelihood that upon motion by a party the Court would order that any or all discovery is premature, it is advisable for counsel to begin to conduct discovery actively before the Scheduling Conference. At the very least, the parties shall comply fully with the letter and spirit of Fed. R. Civ. P. 26(a) and thereby obtain and produce most of what would be produced in the early stage of discovery, because at the Scheduling Conference the Court will impose tight deadlines to complete discovery. (c) If expert witnesses are to be called at trial, the parties shall designate experts to be called at trial and provide reports required by Fed. R. Civ. P. 26(a)(2)(B), not later than eight weeks prior to the discovery cutoff date. Rebuttal expert witnesses shall be -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 designated and reports provided as required by Fed. R. Civ. P. 26(a)(2)(B), not later than five weeks prior to the discovery cutoff date. Failure to timely comply with this deadline may result in the expert being excluded at trial as a witness. 4. Electronic Filing: Pursuant to Local Rule 5-4, the United States District Court for the Central District of California requires electronic filing of documents. Information about the Court’s Electronic Case Filing system (“ECF”) is available in Local Rule 5-4 and on the Court’s website at www.cacd.uscourts.gov/cmecf. Pursuant to Local Rule 5-4.3.1, documents filed electronically must be submitted in Portable Document Format (“PDF”), created using word-processing software, and published to PDF from the original word-processing file to permit the electronic version of the document to be searched. Other than signature pages, PDF IMAGES CREATED BY SCANNING PAPER DOCUMENTS ARE PROHIBITED. Violation of Local Rule 5-4.3.1 may result in the striking of the offending document and the imposition of monetary or other sanctions. All manually filed documents (those documents excused from the electronic filing requirements by Local Rule 5-4.2) shall be served on the person as otherwise required by the Federal Rules of Civil Procedure or the Local Rules. 5. Mandatory Chambers Copies: Notwithstanding any contrary provision in the Local Rules, and unless otherwise ordered by the Court, Judge Anderson does not require parties to provide Mandatory Chambers Copies of documents filed through the Court’s CM/ECF System. No party shall deliver a Mandatory Chambers Copy to Judge Anderson unless specifically ordered to do so. If the Court orders the delivery of a Mandatory Chambers Copy, the Mandatory Chambers Copy shall be delivered by either: (1) delivering it to Judge Anderson’s mailbox located adjacent to the Clerk’s Office on the fourth floor of the United States Courthouse, 350 West 1st Street, Los Angeles, California, no later than 12:00 noon on the business day following the filing of the document; or (2) sending it by guaranteed overnight delivery to -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the United States Courthouse, 350 West 1st Street, Suite 4311, Los Angeles, California 90012-4565. Should the Mandatory Chambers Copy be sent by overnight delivery, the sender shall notify the delivery service that the signature of the recipient is not required. 6. Motions:1/ (a) Time for Filing and Hearing Motions: Motions shall be filed in accordance with Local Rule 7. This Court hears motions on Mondays, commencing at 1:30 p.m. No supplemental brief shall be filed without prior leave of Court. No motion shall be noticed for hearing for more than thirty-five (35) days after service of the motion unless otherwise ordered by the Court. Many motions to dismiss or to strike could be avoided if the parties confer in good faith (as they are required to do under L.R. 7-3), especially for perceived defects in a complaint, answer or counterclaim which could be corrected by amendment. See Chang v. Chen, 80 F.3d 1293, 1296 (9th Cir. 1996) (where a motion to dismiss is granted, a district court should provide leave to amend unless it is clear that the complaint could not be saved by any amendment). Moreover, a party has the right to amend his complaint “once as a matter of course at any time before a responsive pleading is served.” Fed. R. Civ. P. 15(a). A 12(b)(6) motion is not a responsive pleading and therefore plaintiff might have a right to amend. See Nolen v. Fitzharris, 450 F.2d 958, 958-59 (9th Cir. 1971); St. Michael’s Convalescent Hospital v. California, 643 F.2d 1369, 1374 (9th Cir. 1981). And even where a party has amended his Complaint once or a responsive pleading has been served, the Federal Rules provide that leave to amend should be “freely given when justice so requires.” F.R.Civ.P. 15(a). The Ninth Circuit requires that this policy favoring amendment be applied with “extreme liberality.” Morongo Band of Mission Indians v. Rose, 893 F.2d 1074, 1079 1/ Among other things, Local Rule 7-3 requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” Counsel should discuss the issues sufficiently so that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other nonsubstantive matters during the conference. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (9th Cir. 1990). These principles require that counsel for the plaintiff should carefully evaluate the defendant’s contentions as to the deficiencies in the complaint and in many instances, the moving party should agree to any amendment that would cure a curable defect. In the unlikely event that motions under Fed. R. Civ. P. 12 challenging pleadings are filed after the Rule 16 Scheduling Conference, the moving party shall attach a copy of the challenged pleading to the Memorandum of Points and Authorities in support of the motion. The foregoing provisions apply as well to motions to dismiss a counterclaim, answer or affirmative defense, which a plaintiff might file. (b) Length and Format of Motion Papers: Memoranda of Points and Authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 12 pages. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations. Typeface shall comply with Local Rule 11-3.1.1. NOTE: If Times Roman font is used, the size must be no less than 14; if Courier is used, the size must be no less than 12. Footnotes shall be in typeface no more than one size smaller than text size and shall be used sparingly. Filings which do not conform to the Local Rules and this Order will not be considered. (c) Citations to Case Law: Citations to case law must identify not only the case being cited, but the specific page being referenced. Certain kinds of authority are considered more useful – or authoritative – than others. If more than one authority is cited in support of a proposition, these supporting authorities are to be listed such that the more authoritative ones appear first. (d) Citations to Other Sources: Counsel are reminded that the basic purpose of a legal citation is to allow the reader to locate a cited source accurately and efficiently. Accordingly, statutory references should identify, with specificity, which sections and subsections are being referenced (e.g., Jurisdiction over this cause of action -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 may appropriately be found in 47 U.S.C. § 33, which grants the district courts jurisdiction over all offenses of the Submarine Cable Act, whether the infraction occurred within the territorial waters of the United States or on board a vessel of the United States outside said waters). Statutory references which do not indicate specifically which section and subsection are being referred to (e.g., Plaintiffs allege conduct in violation of the Federal Electronic Communication Privacy Act, 18 U.S.C. § 2511, et seq.) are to be avoided. Citations to treatises, manuals, and other materials should similarly include the volume and the section being referenced. 7. Proposed Orders: Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a Proposed Order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. If the Proposed Order exceeds two pages, the proposing party shall also submit a copy of the Proposed Order to the Court’s ECF e-mail address, in WordPerfect format (X9 or earlier versions) or Microsoft Word (Word 365 or earlier versions). 8. Ex Parte Applications: Counsel are reminded ex parte applications are solely for extraordinary relief. See Mission Power Engineering Co. v. Continental Casualty Co., 883 F. Supp. 488 (C.D. Cal. 1995). Applications which fail to conform with Local Rules 7- 19 and 7-19.1, including a statement of opposing counsel’s position, will not be considered. Any opposition must be filed not later than 24 hours after service. If counsel do not intend to oppose the ex parte application, counsel must inform the court clerk by telephone. The Court considers ex parte applications on the papers and usually does not set these matters for hearing. The Courtroom Deputy Clerk will notify counsel of the Court’s ruling or a hearing date and time, if the Court determines a hearing is necessary. Absent leave of Court, the Court will not consider reply papers in support of an ex parte application. 9. Under Seal Filings: Parties shall make every effort to limit the number and volume of under seal filings. In most circumstances, parties should seek to file under seal only the specific portions of exhibits or documents for which there is a valid basis for filing under seal. Requests to file memoranda of points and authorities under seal are disfavored. -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Local Rule 79-5.2.2, except in sealed civil cases, “no document may be filed under seal without prior approval by the Court.” When seeking the Court’s approval for an under seal filing, the submitting party shall comply with the procedures established in Local Rule 79-5.2.2(a). Because documents filed under seal are only visible on CM/ECF or Pacer to Court personnel and the party that filed the document, a party electronically filing a document under seal may not rely on the Court’s CM/ECF System to effect service as provided in Local Rule 5-3.2.1. Therefore, documents filed electronically under seal must be served in accordance with Federal Rule of Civil Procedure 5. Additionally, at the time of filing, the documents filed electronically under seal must be accompanied either by a Proof of Service in the form required by Local Rule 5-3.1.2 or a declaration explaining why service is not required. The submission of documents for in camera review is governed by Local Rule 79-6. 10. Applications or Stipulations to Extend the Time to File any Required Document or to Continue any Pretrial or Trial Date: No stipulations extending scheduling requirements or modifying applicable rules are effective until and unless the Court approves them. Both applications and stipulations must be filed in advance of the date due and set forth: (a) the existing due date or hearing date as well as the discovery cutoff date, the last date for hearing motions, the pre-trial conference date and the trial date; (b) specific, concrete reasons supporting good cause for granting the extension. In this regard, a statement that an extension “will promote settlement” is insufficient. The requesting party or parties must indicate the status of ongoing negotiations: (i.e., have written proposals been exchanged? Is counsel in the process of reviewing a draft settlement agreement? Has a mediator been selected?); (c) whether there have been prior requests for extensions, and whether these were granted or denied by the Court. 11. TROs and Injunctions: Parties seeking emergency or provisional relief shall comply with Fed. R. Civ. P. 65 and Local Rules 7-19 and 65. Absent extraordinary -7- circumstances, the Court will not rule on any application for such relief for at least 24 hours after the party subject to the requested order has been served. The opposing party may file opposing or responding papers in the interim. 12. Cases Removed From State Court: All documents filed in state court, including documents appended to the complaint, answers and motions, must be refiled in this Court as a supplement to the Notice of Removal, if not already included. See 28 U.S.C. § 1447(a)(b). If the defendant has not yet responded, the answer or responsive pleading filed in this Court must comply with the Federal Rules of Civil Procedure and the Local Rules of the Central District. If a motion was pending in state court before the case was removed, it must be re-noticed in accordance with Local Rule 7. 13. ERISA Cases: Absent an agreed upon statement of facts, the court will not hear motions for summary judgment, but will hear motions to determine the standard of review and the scope of the administrative record. See Kearney v. Standard Ins. Co., 175 F.3d 1084 (9th Cir. 1999). There will be a court trial (usually confined to oral argument) on the administrative record. 14. Class Actions: Consistent with Federal Rule of Civil Procedure 23’s requirement that the Court must determine at “an early practicable time” whether to certify an action as a class action, for any action purporting to commence a class action, other than an action subject to the Private Securities Litigation Reform Act of 1995, P.L. 104-67, 15 U.S.C. § 77z-1 et seq., the Court orders that any Motion for Class Certification shall be filed within 120 days after service of a pleading (or, if applicable, within 120 days after the filing of a Notice of Removal), unless otherwise ordered by the Court. Failure to timely file a Motion for Class Certification may result in the imposition of sanctions, which may include the striking of the class allegations. 15. Consent to Magistrate Judge: The parties may consent to have a United States Magistrate Judge preside over the entire case, including trial. The parties are free to select from amongst all the magistrate judges available for this purpose, not just the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8- magistrate judge assigned to this case. (Please consult the court’s website for the list of the available magistrate judges.) 16. Status of Fictitiously Named Defendants: This Court intends to adhere to the following procedures where a matter is removed to this Court on diversity grounds with fictitiously named defendants referred to in the complaint. See 28 U.S.C. §§ 1441(a), 1447. (a) Plaintiff is normally expected to ascertain the identity of and serve any fictitiously named defendants within 90 days of the removal of the action to this Court. (b) If plaintiff believes (by reason of the necessity for discovery or otherwise) that fictitiously named defendants cannot be fully identified within the 90-day period, an ex parte application requesting permission to extend that period to effectuate service may be filed with this Court. Such application shall state the reasons therefor, and may be granted upon a showing of good cause. The ex parte application shall be served upon all appearing parties, and shall state that appearing parties may comment within seven (7) days of the filing of the ex parte application. (c) If plaintiff desires to substitute a named defendant for one of the fictitiously named parties, plaintiff first shall seek to obtain consent from counsel for the previously-identified defendants (and counsel for the fictitiously named party, if that party has separate counsel). If consent is withheld or denied, plaintiff may apply ex parte requesting such amendment, with notice to all appearing parties. Each party shall have seven calendar days to respond. The ex parte application and any response should comment not only on the substitution of the named party for a fictitiously named defendant, but on the question of whether the matter should thereafter be remanded to the Superior Court if diversity of citizenship is destroyed by the addition of the new substituted party. See 28 U.S.C. § 1447(c)(d). 17. Bankruptcy Appeals: Counsel shall comply with the Notice Regarding Appeal from Bankruptcy Court issued at the time the appeal is filed in the District Court. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -9- The matter is considered submitted upon the filing of the appellant’s reply brief. No oral argument is held unless otherwise ordered by this Court. 18. Communications with Chambers: Counsel shall not attempt to contact the Court or its chambers staff by telephone or by any other ex parte means, although counsel may contact the Courtroom Deputy, at (213) 894-1795, with appropriate inquiries. To facilitate communication with the Courtroom Deputy, counsel should list their facsimile transmission numbers along with their telephone numbers and e-mail addresses on all papers. 19. Notice of this Order: Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action. If this case came to the Court by noticed removal, defendant shall serve this Order on all other parties. IT IS SO ORDERED. Dated: revised 3/11/21 ___________________________________ Percy Anderson UNITED STATES DISTRICT JUDGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -10-

=== 2021 Order Setting Scheduling Conference ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA , , Plaintiff, v. Defendant. Case No. CV PA (x) SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] SCHEDULING CONFERENCE set for , 2021, at 10:30 a.m. [FRCP 26(f)] This action has been assigned to the calendar of United States District Judge Percy Anderson. The responsibility for the progress of litigation in the federal courts falls not only upon the attorneys in the action, but upon the court as well. In order “to secure the just, speedy, and inexpensive determination of every action,” (Fed. R. Civ. P. 1), all counsel are hereby ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. Counsel please note the changes made to former Local Rule 6, now superseded, by Fed. R. Civ. P. 16 and 26(f), effective December 1, 2000. A Scheduling Conference is set . . . . . . . . . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for the date and time set forth in the caption.1/ Counsel shall meet at least twenty-one (21) days in advance of the Scheduling Conference to prepare a jointly signed report for the court to be submitted no less than fourteen (14) days before the Scheduling Conference. The report is to contain the items set forth below. Pursuant to Fed. R. Civ. P. 16(c), the parties shall be represented by counsel with authority to enter into stipulations regarding all matters pertaining to conduct of the case. The joint report to be submitted shall contain the items listed in Fed. R. Civ. P. 26(f), the parties’ recommendations and agreements, if any, about the final scheduling order as listed in Fed. R. Civ. P. 16(b)(1) through (6), and those items listed in Fed. R. Civ. P. 16(c) which counsel believe will be useful to discuss at the Scheduling Conference. Items which must be listed are the following: (1) (2) (3) (4) (5) (6) a listing and proposed schedule of written discovery, depositions, and a proposed discovery cut-off date; a listing and proposed schedule of law and motion matters, and a proposed dispositive motion cut-off date; a statement of what efforts have been made to settle or resolve the case to date and what settlement procedure is recommended pursuant to Local Rule 16-14.4 (specifically excluding any statement of the terms discussed); an estimated length of trial and a proposed date for the Final Pretrial Conference and for Trial; a discussion of other parties likely to be added; whether trial will be by jury or to the court; 1/ Unless there is a likelihood that upon motion by a party the Court would order that any or all discovery is premature, it is advisable for counsel to begin to conduct discovery actively before the Scheduling Conference required by Fed. R. Civ. P. 16(b). At the very least, the parties shall comply fully with the letter and spirit of Fed. R. Civ. P. 26(a) and thereby obtain and produce most of what would be produced in the early stage of discovery, because at the Scheduling Conference the Court will impose tight deadlines to complete discovery. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (7) (8) any other issues affecting the status or management of the case; and proposals regarding severance, bifurcation or other ordering of proof. In addition, the Scheduling Conference Report shall contain the following: (1) (2) (3) a short synopsis of the principal issues in the case; a statement of whether pleadings are likely to be amended; a statement as to issues which any party believes may be determined by motion. At the Scheduling Conference, the court will set a date for discovery cut-off2/, a final date by which dispositive motions must be set for hearing, a Final Pretrial Conference date, and a trial date. The parties should also be aware that pursuant to Fed. R. Civ. P. 26(f), no later than fourteen (14) days after the Scheduling Conference, the parties must submit an agreed discovery plan to the court for approval; this subject will be discussed at the Scheduling Conference. The parties should recommend to the court whether or not the requirement of a discovery plan should be waived. A continuance of the Scheduling Conference will be granted only for good cause. (Counsel are informed that continuance of the Scheduling Conference causes commensurate delay in the trial date.) The failure to submit a joint report in advance of the Scheduling Conference or the failure to attend the Scheduling Conference may result in the dismissal of the action, striking the answer and entering a default, and/or the imposition of sanctions. 2/ This is not the date by which discovery requests must be served; but the date by which all discovery is to be completed. Any motion challenging the adequacy of discovery responses must be filed timely, served and calendared sufficiently in advance of the discovery cutoff date to permit the responses to be obtained before that date, if the motion is granted. The Court requires compliance with Local Rule 37-1 and 37-2 in the preparation and filing of discovery motions. Except in the case of an extreme emergency which was not created by the lawyer bringing the motion, discovery motions may not be heard on an ex parte basis. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A settlement procedure appropriate to the particular case will be used in every civil action pursuant to Local Rule 16-15.1. In the Scheduling Conference Report, counsel are to recommend a specific settlement procedure provided for in Local Rule 16-15 which will be utilized in this case. This Court participates in the Court-Directed ADR Program. See General Order 11-10. Accordingly, except in extraordinary circumstances, the Court will not refer the parties to the Magistrate Judge assigned to this action to conduct the settlement conference. As a result, in most instances, the available alternatives for consideration are: ADR Procedure No. 2: The parties shall appear before a neutral selected from the Court’s Mediation Panel (Local Rule 16- 15.4(2); or ADR Procedure No. 3: The parties shall participate in a private dispute resolution proceeding (Local Rule 16-15.4(3). The Court does not utilize ADR Procedure No. 1 (Local Rule 16-15.4(1), but the parties are free to seek the Court’s approval to engage in an alternative settlement mechanism not listed in Local Rule 16-15.4. The report to the Court as to the above items should be preceded by a thorough and frank discussion among the attorneys for the parties. A Joint Scheduling Report which does not comply with FRCP 16, 26(f) and this Order may cause continuance of the Scheduling Conference and possible award of sanctions under FRCP 16(f) against the party or parties responsible. Motions shall be filed in accordance with Local Rule 7. This Court hears motions on Mondays, commencing at 1:30 p.m. No supplemental brief shall be filed without prior leave of Court. No motion shall be noticed for hearing for more than thirty-five (35) days after service of the motion unless otherwise ordered by the Court. All law and motion matters, except for motions in limine, must be set for hearing (not filing) by the motion -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cutoff date). Adherence to the timing requirements is mandatory for chambers' preparation of motion matters. Counsel should take note of the changes to the Local Rules affecting motion practice in the Central District. Among other things, Local Rule 7-3 requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” Counsel should discuss the issues sufficiently that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other nonsubstantive matters during the conference. Memoranda of Points and Authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 12 pages. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations. Typeface shall comply with Local Rule 11-3.1.1. NOTE: If Times Roman font is used, the size must be no less than 14; if Courier is used, the size must be no less than 12. Footnotes shall be in typeface no more than one size smaller than text size and shall be used sparingly. Filings which do not conform to the Local Rules and this Order will not be considered. Each party filing or opposing a motion or seeking the determination of any matter shall file a Proposed Order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. The proposing party shall also submit a copy of the Proposed Order to the Court’s ECF e-mail address, in WordPerfect format (X9 or earlier versions) or Microsoft Word (Word 365 or earlier versions). Counsel are reminded ex parte applications are solely for extraordinary relief. See Mission Power Engineering Co. v. Continental Casualty Co., 883 F. Supp. 488 (C.D. Cal. 1995). -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action. IT IS SO ORDERED. Date: Revised: 3/11/2021 ___________________________________ Percy Anderson UNITED STATES DISTRICT JUDGE -6-

=== 2021 Civil Trial Scheduling Order ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA , , Plaintiff, v. Defendant. Case No. CV CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] 1. 2. 3. 4. Establishing a Discovery Cut-off Date of Setting Motion Cut-off date of Setting Final Pretrial Conference for , at 1:30 p.m. Setting Jury/Court Trial Date of , at 9:00 a.m. I. SCHEDULING A. Discovery Cut-Off This is the last date to complete discovery, including expert discovery, and the resolution of any discovery motions before the magistrate judge. If expert witnesses are to be called at trial, the parties shall designate experts to be called at trial and provide reports required by Fed. R. Civ. P. 26(a)(2)(B), not later than eight weeks prior to the discovery cutoff date. Rebuttal expert witnesses shall be designated and reports provided as required 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 by Fed. R. Civ. P. 26(a)(2)(B), not later than five weeks prior to the discovery cutoff date. Failure to timely comply with this deadline may result in the expert being excluded at trial as a witness. The Court requires compliance with Local Rule 37-1 and 37-2 in the preparation and filing of discovery motions. Discovery motions may not be heard on an ex parte basis. B. Joinder of Parties and Amendment of Pleadings The deadline for joining parties and amending pleadings is listed in the “Schedule of Trial and Pretrial Dates” issued by the Court. Any motions to join other parties or for leave to amend the pleadings shall be filed and served at least twenty-eight (28) days prior to the hearing deadline as required by Local Rule 6-1 so that they can be heard and decided prior to the deadline. This deadline does not apply if the deadline for joining parties or amending pleadings has already been calendared or occurred by virtue of an order issued by this Court or another court. In addition to the requirements of Local Rule 15-1, all motions to amend the pleadings shall: (1) state the effect of the amendment; (2) be serially numbered to differentiate the amendment from previous amendments; and (3) state the page, line number(s), and wording of any proposed change or addition of material. For the Court’s ease of reference, the moving party shall submit to chambers a redlined version of the amended pleading. C. Motion Filing Cut-Off The Court hears motions on Mondays at 1:30 p.m. The motion filing cut-off date is the last day motions may be heard (not filed). The Court will not decide late motions. Issues left undetermined by the passage of the motion cut-off date should be listed as issues for trial in the Final Pretrial Conference Order. As an exception to the above, motions in limine dealing with evidentiary matters may be heard at or before trial; however, summary judgment motions disguised as motions in limine will not be heard. Parties need not wait until the discovery cut-off to bring motions for summary judgment or partial summary judgment. However, in the usual case, the Court expects that more than the minimum notice will be provided to counsel opposing motions for summary judgment. In the usual case, the parties should confer and agree on the date for setting such motions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. Ex Parte Applications Ex Parte Applications are entertained solely for extraordinary relief. See Mission Power Eng. Co. v. Continental Casualty Co., 883 F.Supp. 488 (C.D. Cal. 1995). Strict adherence to proper ex parte procedures, including Local Rule 7-19, is required for any ex parte application filed with the Court. E. Stipulations to Extend Time Stipulations to extend the time to file any required document or to continue any pretrial or trial date must set forth: 1. 2. 3. the existing due date or hearing date; the current pretrial conference date and trial date; the specific reasons supporting good cause for granting the extension or continuance. For example, a statement that a continuance “will promote settlement” or that the parties decided to suspend discovery while engaging is settlement discussions is insufficient. 4. whether there have been any prior requests for extensions or continuances, and whether these were granted or denied by the Court. F. Settlement Local Rule 16-15.2 provides that unless otherwise ordered by the Court, the Settlement Conference shall be conducted not later than 45 days before the Pretrial Conference. The Court believes that in most cases completion of all discovery and dispositive motions will help the parties assess their positions before they embark on the costly pre-trial process. However, in many cases, the parties find it more difficult to settle after they have incurred the cost of all discovery and motion practice. Accordingly, the Court strongly encourages counsel and the parties to pursue settlement earlier. Notwithstanding the provisions of Local Rule 16-15.5, unless the parties have received prior approval by the Court, lead trial counsel and each party shall appear at the settlement proceeding in person or, in the case of a corporation or other non-governmental entity, by a corporate representative with final authority to settle the case and who is -3- knowledgeable about the facts of the case. Representatives of insurers with decision-making authority are also required to attend the settlement proceedings in person unless their presence is expressly excused by the Court. The Court’s requirement that lead trial counsel, parties, corporate representatives, and insurer representatives must appear at the settlement proceedings in person unless they have been expressly excused by the Court applies to individuals located both within and outside the Central District of California. The Court has a keen interest in helping the parties achieve settlement. If the parties believe that it would be more likely that a settlement would be reached if they conduct settlement conference at an earlier time than that specified by the Court, they should conduct it at that time. The Court will not conduct settlement conferences in non-jury cases which the Court will try. In jury cases, the Court will conduct a settlement conference at the parties’ request if three conditions exist: 1. The parties are satisfied that the fact issues in the case will be tried to a jury; 2. All significant pre-trial rulings which Court must make have been made; and 3. The parties desire the Court to conduct the conference, understanding that if settlement fails, the Court will preside over the trial of the case. II. LAW AND MOTION A. Summary Judgment Motions 1. Timing In virtually every case, the Court expects that the moving party will provide more than the minimum twenty-eight (28) day notice for such motions. The moving party shall submit a copy of the Statement of Uncontroverted Facts and Conclusions of Law to the Court’s ECF e-mail address, in WordPerfect format (X9 or earlier versions) or Microsoft Word (Word 365 or earlier versions). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Memorandum of Points and Authorities The movant’s memorandum of points and authorities should be in the usual form required under Local Rule 7 and should contain a narrative statement of facts as to those aspects of the case that are before the Court. All facts should be supported with citations to the paragraph number in the Separate Statement that supports the factual assertion and not to the underlying evidence. Unless the case involves some unusual twist on Rule 56, the motion need only contain a brief statement of the Rule 56 standard; the Court is familiar with the Rule and with its interpretation under Celotex and its progeny. If at all possible, the argument should be organized to focus on the pertinent elements of the cause(s) of action or defense(s) in issue, with the purpose of showing the existence or non-existence of a genuine issue of material fact for trial on that element of the claim or defense. Likewise, the opposition memorandum of points and authorities should be in the usual form required by Local Rule 7, and where the opposition memorandum sets forth facts, the memorandum should cite to paragraphs in the separate statement if they are not in dispute, to the evidence that contravenes the fact where the fact is in dispute, or, if the fact is contravened by an additional fact in the statement of genuine issues, the citation should be to such fact by paragraph number. 3. Separate Statement of Undisputed Facts The Separate Statement of Undisputed Facts is to be prepared in a two column format. The left hand column should set forth the allegedly undisputed fact. The right hand column should set forth the evidence that supports the factual statement. The fact statements should be set forth in sequentially numbered paragraphs. Each paragraph should contain a narrowly focused statement of fact. Each numbered paragraph should address a single subject in as concise a manner as possible. The opposing party’s statement of genuine issues must be in two columns and track the movant’s separate statement exactly as prepared. The document must be in two columns; the left hand column must restate the allegedly undisputed fact, and the right hand -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 column must indicate either undisputed, or disputed. The opposing party may dispute all or only a portion of the statement, but if disputing only a portion, must clearly indicate what part is being disputed. Where the opposing party is disputing the fact in whole or part, the opposing party must, in the right hand column, label and restate the moving party’s evidence in support of the fact, followed by the opposing party’s evidence controverting the fact. Where the opposing party is disputing the fact on the basis of an evidentiary objection, the party must cite to the evidence alleged to be objectionable and state the ground of the objection and nothing more. No argument should be set forth in this document. The opposing party may submit additional material facts that bear on or relate to the issues raised by the movant, which shall follow the format described above for the moving party’s separate statement. These additional facts shall follow the movant’s facts, shall continue in sequentially numbered paragraphs (i.e., if movant’s last statement of fact was set forth in paragraph 30, then the first new fact will be set forth in paragraph 31), and shall set forth in the right hand column the evidence that supports that statement. The moving party, in its reply, shall respond to the additional facts in the same manner and format that the opposition party is required to adhere to in responding to the statement of undisputed facts, as described above. 4. Supporting Evidence No party should submit any evidence other than the specific items of evidence or testimony necessary to support or controvert a proposed statement of undisputed fact. Thus, for example, the entire transcript of a deposition, entire sets of interrogatory responses, and documents that do not specifically support or controvert material in the separate statements, should not be submitted in support or opposition to a motion for summary judgment. Any such material will not be considered. Evidence submitted in support or opposition to a motion should be submitted either by way of stipulation or as exhibits to declarations sufficient to authenticate the proffered evidence, and should not be attached to the Memorandum of Points and Authorities. The Court will accept counsel’s authentication of deposition transcript, of written discovery -6- responses, and of the receipt of documents in discovery if the fact that the document was in the opponent’s possession is of independent significance. Documentary evidence as to which there is no stipulation regarding foundation must be accompanied by the testimony, either by declaration or properly authenticated deposition transcript, of a witness who can establish its authenticity. If evidence in support of or in opposition to a motion exceeds twenty pages, the evidence must be in a separate bound volume and include a Table of Contents. 5. Objections to Evidence If a party disputes a fact based in whole or in part on an evidentiary objection, the ground of the objection, as indicated above, should be stated in the separate statement but not argued in that document. Evidentiary objections are to be addressed in a separate memorandum to be filed with the opposition or reply brief of the party. This memorandum should be organized to track the paragraph numbers of the separate statement in sequence. It should identify the specific item of evidence to which objection is made, the ground of the objection, and a very brief argument with citation to authority as to why the objection is well taken. The following is an example of the format contemplated by the Court: Separate Statement Paragraph 1: Objection to the supporting deposition transcript of Jane Smith at 60:1-10 on the grounds that the statement constitutes inadmissible hearsay and no exception is applicable. To the extent it is offered to prove her state of mind, it is irrelevant since her state of mind is not in issue. Fed. R. Evid. 801, 802. Do not submit blanket or boilerplate objections to the opponent’s statements of undisputed fact: these will be disregarded and overruled. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Motions in Limine Motions in limine are not to be used as disguised motions for summary judgment. Their purpose is limited to alerting the Court to significant evidentiary issues that can be addressed and resolved prior to trial. 1. Timing Unless otherwise ordered by the Court, motions in limine will be heard on the date indicated in the “Schedule of Trial and Pretrial Dates” issued by the Court. Unless the Court in its discretion otherwise allows, no motions in limine shall be filed or heard on an ex parte basis absent a showing of irreparable injury or prejudice not attributable to the lack of diligence of the moving party. 2. Limitation on Number of Motions in Limine Unless otherwise ordered by the Court upon a showing of good cause, the Court will consider no more than four (4) motions in limine by any party. If a party seeks to file more than four (4) motions in limine, it must obtain the Court’s prior permission to file additional motions in limine. 3. Pre-Filing Meeting of Counsel Before filing any motion in limine, counsel for the parties shall confer pursuant to Local Rule 7-3 in a good faith effort to eliminate the necessity for hearing the motion in limine or to eliminate as many of the disputes as possible. The pre-filing meeting of counsel shall occur no later than twenty-eight (28) days prior to the date for filing of motions in limine indicated in the “Schedule of Trial and Pretrial Dates” issued by the Court. It shall be the responsibility of counsel for the moving party to arrange for this conference. The conference shall take place in person within seven days of service upon opposing counsel of a letter requesting such conference. Unless counsel agree otherwise, the conference shall take place at the office of the moving party. If both counsel are not located in the same county in the Central District, the conference may take place by telephone. The moving party’s letter shall identify the testimony, exhibits, or other specific matters alleged to be inadmissible and/or prejudicial, shall state briefly with respect to each such matter the -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 moving party’s position (and provide any legal authority which the moving party believes is dispositive), and specify the terms of the order to be sought. 4. Joint Motion If counsel are unable to resolve their differences, they shall prepare a Joint Motion in Limine. The Joint Motion in Limine shall consist of one document signed by all counsel. The Joint Motion in Limine shall contain a clear identification of the testimony, exhibits, or other specific matters alleged to be inadmissible and/or prejudicial and a statement of the specific prejudice that will be suffered by the moving party if the motion is not granted. The identification of the matters in dispute shall be followed by each party’s contentions and each party’s memorandum of points and authorities. The title page of the Joint Motion in Limine must state the hearing date for the motions in limine and the trial date. The moving party shall serve its portion of the Joint Motion in Limine on the responding party fourteen (14) days prior to the date for filing of motions in limine indicated in the “Schedule of Trial and Pretrial Dates.” The responding party shall then serve the opposition portion of the Joint Motion in Limine on the moving party both on paper and in an electronic format seven (7) days prior to the date for the filing of motions in limine. The moving party shall incorporate the responding party’s portion into the Joint Motion in Limine, add its arguments in reply, and file and serve the Joint Motion in Limine. Neither party’s portions of a Joint Motion in Limine shall exceed eight (8) pages. Joint Motions in Limine shall be accompanied by a declaration from the moving party that includes the following: (1) a clear identification of the specific matter alleged to be inadmissible and/or prejudicial; (2) a representation to the Court that the subject of the motion in limine has been discussed with opposing counsel, and that opposing counsel has either indicated that such matter will be mentioned or displayed in the presence of the jury before it is admitted in evidence or that counsel has refused to stipulate that such matter will not be mentioned or displayed in the presence of the jury unless and until it is admitted in evidence; and (3) a statement of the specific prejudice that will be suffered by the moving party if the motion in limine is not granted. -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Unless ordered by the Court, no supplemental or separate memorandum of points and authorities shall be filed by either party in connection with any motion in limine. The Court will not consider any motion in limine in the absence of a joint motion or a declaration from counsel for the moving party establishing that opposing counsel: (1) failed to confer in a timely manner; (2) failed to provide the opposing party’s portion of the joint motion in a timely manner; or (3) refused to sign and return the joint motion after the opposing party’s portion was added. The failure of any counsel to comply with or cooperate in the foregoing procedures will result in the imposition of sanctions, including a resolution of the issue against the party refusing to cooperate. III. PRETRIAL CONFERENCE AND TRIAL SETTING This case has been placed on calendar for a Final Pretrial Conference (“PTC”) pursuant to F. R. Civ. P. 16 and Local Rule 16-1, unless the PTC was expressly waived at the Scheduling Conference by the Court. Unless excused for good cause, each party appearing in this action shall be represented at the PTC and all pretrial meetings of counsel, by lead trial counsel. The failure to attend the PTC or to submit the required pretrial documents may result in the dismissal of the action, striking the answer and entering a default, and/or the imposition of sanctions. A continuance of the Final Pretrial Conference at counsel’s request or stipulation is highly unlikely. Counsel should plan to do the necessary pretrial work on a schedule which will insure its completion with time to spare before the Final Pretrial Conference. Specifically, failure to complete discovery work, including expert discovery, is not a ground for a continuance. At the PTC, counsel should be prepared to discuss means of streamlining the trial, including, but not limited to: bifurcation, presentation of non-critical testimony by deposition excerpts, stipulations as to the content of testimony, presentation of testimony on direct examination by declaration subject to cross-examination, and qualification of experts by admitted resumes. In rare cases where the PTC is waived by the Court, counsel must follow Local Rule 16-10. -10- The failure to attend the pretrial conference or to submit in conformity with this order, the jury instructions, pre-trial exhibit stipulation, joint statement of the case, voir dire questions, summary of witness testimony and times estimates, proposed Pretrial Conference Order or the memorandum of contentions of fact and law may result in the dismissal of the action, striking the answer and entering default and/or the imposition of sanctions. A. Pretrial and Trial Documents Compliance with the requirements of Local Rules 16-1 to 16-13 is required by the Court. Carefully prepared Memoranda of Contentions of Fact (which may also serve as the trial brief) and a proposed Final Pretrial Conference Order (“PTCO”) shall be submitted in accordance with the provisions of Local Rule 16-7 and the form of the PTCO shall be in conformity with the format set forth in Appendix A to the Local Rules, modified as necessary to comply with this order. The Memoranda of Contentions of Fact and Law, PTCO, Exhibit Lists, and Witness Lists shall be served and filed no later than fourteen (14) days before the Pre-Trial Conference. 1. Proposed Final Pre-Trial Conference Order The PTCO must contain a Table of Contents. Place in all capital letters and in bold the separately numbered headings for each category in the PTCO. Under paragraph 1, list each claim, counterclaim, or defense that has been dismissed or abandoned. In multiple party cases where not all claims or counterclaims will be prosecuted against all remaining parties on the other side, please specify to which party each claim or counterclaim directed. The factual issues in dispute should track the elements of a claim or defense upon which the jury would be required to make findings. Counsel should state issues in ultimate fact form, not as evidentiary fact issues (i.e., “was the defendant negligent,” “was defendant’s negligence the proximate cause of plaintiff’s injury;” not “was the plaintiff standing on the corner of 5th and Spring at 10:00 a.m. on May 3”). Issues of law should state legal issues 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -11- upon which the Court will be required to rule after the Pre-Trial Conference, including during the trial, and should not list ultimate fact issues to be submitted to the trier of fact. In drafting the PTCO, the Court expects that counsel will attempt to agree on and set forth as many non-contested facts as possible. The Court will normally read the uncontested facts to the jury at the start of the trial. Carefully drafted and comprehensively stated stipulation of facts will reduce the length of trial and increase jury understanding of the case. If expert witnesses are to be called at trial, each party must list and identify its respective expert witnesses, both retained and non-retained in the PTCO. Failure of a party to list and identify an expert witness in the PTCO shall preclude a party from calling that expert witness at trial. 2. Summary of Witness Testimony and Time Estimates Counsel shall prepare a list of their witnesses, including a brief summary (two to three paragraphs) of each witness’ expected testimony and an estimate of the length of time needed for direct examination; and whether the witness will testify by deposition or in person. Counsel shall exchange these lists with opposing counsel. Counsel shall jointly file a single list of witness testimony summaries, including estimates for direct examination of their own witnesses and estimates for cross-examination of opposing witnesses. These statements shall be filed at the time counsel file the PTCO, i.e., fourteen (14) days before the Pre-Trial Conference. A copy of the Joint Trial Witness Form is attached to this Order. 3. Jury Instructions and Verdict Forms Fourteen (14) days prior to counsel’s Rule 16 pre-trial meeting, counsel shall exchange proposed jury instructions (general and special) and special verdict forms (if applicable). Seven (7) days prior to the Rule 16-2 meeting, counsel shall exchange any objections to the instructions and special verdict forms. Prior to, or at the time of the Rule 16 meeting, counsel shall meet and confer with the goal of reaching agreement on one set of joint jury instructions and one special verdict form. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -12- The parties should make every attempt to agree upon the jury instructions before submitting them to the Court. The Court expects counsel to agree on the substantial majority of jury instructions, particularly when pattern instructions provide a statement of applicable law. When the Manual of Model Civil Jury Instructions for the Ninth Circuit provides a version of an applicable requested instruction, the parties should submit the most recent version of the Model instruction. Where language appears in brackets in the model instruction, counsel shall select the appropriate text and eliminate the inapplicable bracketed text. Where California law applies, counsel should use the current edition of the Judicial Council of California Civil Jury Instructions (“CACI”). If neither of the above sources is applicable, counsel are directed to use the instructions from O’Malley, Grenig & Lee (formerly Devitt, et al.), Federal Jury Practice and Instructions (latest edition). Each requested jury instruction shall cover only one subject or principle of law and shall be numbered and set forth in full on a separate page, citing the authority or source of the requested instruction (except for the “clean” jury copy discussed below). When the parties disagree on an instruction, the party opposing the instruction must attach a short statement (one to two paragraphs) supporting the objection, and the party submitting the instruction must attach a short statement supporting the instruction. Each statement should be on a separate page and should follow directly after the disputed instruction. The parties ultimately must submit one document or, if the parties disagree over any proposed jury instructions, two documents. If the parties submit two documents, those documents shall consist of: (1) a set of Joint Proposed Jury Instructions and (2) a set of Disputed Jury Instructions, along with reasons supporting and opposing each disputed instruction in the format set forth in the previous paragraph. The parties must file proposed jury instructions fourteen (14) days before the Pre-Trial Conference. Counsel shall also submit a copy of the proposed jury instructions to the Court’s ECF e-mail address in WordPerfect format (X9 or earlier versions) or Microsoft 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -13- Word (Word 365 or earlier versions) in accordance with this paragraph and the previous paragraph. The Court will send a copy of the instructions into the jury room for the jury’s use during deliberations. Accordingly, in addition to the file copies described above, the e-mail containing the jury instructions shall contain a “clean set” of Joint Proposed and/or Disputed Jury Instructions, containing only the text of each instruction set forth in full on each page, with the caption “Court’s Instruction No. __” (eliminating titles, supporting authority, indication of party proposing, etc.). An index page shall accompany all jury instructions submitted to the Court. The index page shall indicate the following: (a) (b) (c) (d) The number of the instruction; A brief title of the instruction; The source of the instruction and any relevant case citations; and The page number of the instruction. EXAMPLE: Number Title Source Trademark-Defined 9th Cir. 15.3.2 7 (15 U.S.C. § 1127) Along with the jury instructions, counsel shall submit any necessary special verdict form fourteen (14) days before the Pre-Trial Conference and e-mail any such proposed special verdict form in WordPerfect format (X9 or earlier versions) or Microsoft Word (Word 365 or earlier versions) to the Court’s ECF e-mail address. 4. Voir Dire Questions Counsel may, but need not, submit brief proposed voir dire questions for the jury at the Pre-Trial Conference. The Court will conduct its own voir dire after consulting any proposed voir dire submitted by counsel. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -14- 5. Joint Statement of the Case Counsel shall file a joint statement of the case prior to the Pretrial Conference. The joint statement of the case will be read to the prospective panel of jurors prior to the commencement of voir dire. The statement should not exceed one page. 6. Joint Statement Regarding Settlement Counsel shall file a single Joint Status Report Regarding Settlement at the time they file the Proposed Pre-Trial Conference Order. The Joint Statement Regarding Settlement shall include the date on which the settlement conference occurred, identify the mediator, counsel, and party representatives who appeared at the settlement conference, and indicate if the parties intend to engage in further settlement discussions. 7. Exhibits and Witnesses The parties shall file their witness lists and exhibits lists in accordance with Local Rule 16. Counsel are to assemble their exhibits by placing them in three-ring binders labeled on the spine portion of the binder showing both the volume number and the exhibit numbers. Each exhibit shall be separated by a tabbed divider on the right side. Counsel shall provide original exhibits for the Courtroom Deputy Clerk and a duplicate set for the judge. The original exhibits shall be tagged with the appropriate exhibit tags in the upper or lower right corner of the first page of each exhibit. Each binder shall contain a Table of Contents. Counsel must comply with Local Rule 26-3 when numbering the exhibits. The Clerk’s Office, located on the fourth floor of the United States Courthouse, 350 West 1st Street, Los Angeles, California can supply counsel with appropriate exhibit tags. The Court requires the following to be submitted to the Courtroom Deputy Clerk on the first day of trial: (a) The original exhibits with the Court’s exhibit tags. Plaintiff shall use yellow tags; defendant shall use blue tags. Each tag shall be stapled to the front of the exhibit on the upper right corner and include the case number, case name, and exhibit number. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -15- (b) One bench book with a copy of each exhibit for the Court’s use, tabbed as described above; a copy of the witness lists). (c) Three (3) copies of exhibit lists. The exhibit list shall also be submitted to the Court’s ECF e-mail address in both a PDF version and a WordPerfect (X9 or earlier versions) or Microsoft Word (Word 365 or earlier versions) version. (d) Three (3) copies of witness lists in the order in which the witnesses will be called to testify. All counsel are to meet no later than fourteen (14) days before trial to discuss and agree to the extent possible on issues including foundation and admissibility. 8. Final Trial Exhibit Stipulation The parties shall prepare a final Trial Exhibit Stipulation which shall contain each party’s numbered list of all trial exhibits, with objections, if any, to each exhibit including the basis of the objection and the offering party’s response. All exhibits to which there is no objection shall be deemed admitted. All parties shall stipulate to the authenticity of exhibits whenever possible, and the final Trial Exhibit Stipulation shall identify any exhibits whose authenticity has not been stipulated to and the specific reasons for the party’s failure to stipulate. The final Trial Exhibit Stipulation shall be filed five days before trial. Failure to comply with this paragraph shall constitute a waiver of all objections. The final Trial Exhibit Stipulation shall be in the same form as the Pre-Trial Exhibit Stipulation. 9. Jury Evidence Recording System The Court is equipped with the Jury Evidence Recording System (“JERS”) that allows evidence admitted during trial to be viewed electronically in the jury deliberation room upon the conclusion of the trial. JERS provides easy access to evidence during the deliberations through the use of a large screen monitor in the jury room. JERS also provides an efficient method for tracking the receipt and introduction of evidence in document-intensive bench trials. The Court will determine how and if JERS will be used during each specific trial. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -16- Additional information concerning JERS is available on the Court’s website (www.cacd.uscourts.gov) in the Judge’s Procedures and Schedules. 10. Designation of Deposition Testimony. If a party desires to offer deposition testimony into evidence at trial for any purpose other than impeachment, it shall designate, no later than twenty-one (21) days prior to the date for filing of the PTCO, only those relevant portions of the testimony it wishes to offer at trial and advise opposing counsel whether the testimony shall be read, played on videotape or on a computer, or submitted. Those designations are to be shared electronically with opposing counsel. If a party intends to object to the designated deposition testimony or offer counter- designations, the opposing party shall electronically exchange those objections and counter- designations of deposition testimony no later than fourteen (14) days prior to the filing date for the filing of the PTCO. Counter-designations are to be made only for completeness. Counter-designations are not a substitute for deposition testimony a party wishes to play in its case-in-chief. The party that originally designated the deposition testimony may object to the counter-designations. Once the parties exchange objections, counter-designations and objections to counter- designations, the parties shall combine the original designations and objections with the counter-designations and objections (and brief response to the objection from the party offering the counter-designation) into a single document formatted into a table as described below with the counter-designations inserted either immediately preceding or following the associated original designation. The table should clearly identify the offering party and whether the offered testimony is a designation or counter-designation. The combined document with the table of designations, counter-designations, and their associated objections and responses shall be filed with the Court no later than the date for the filing of the PTCO. Do not submit blanket or boilerplate objections - these will be disregarded and overruled. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The following is an example of the format required by the Court: Deposition Designation Plaintiff’s Designation of Tom Jones (42:14-15, 22; 43:7-8, 17-22): Page 42 14 Q. 15 How many managers overall at Ruiz & Flint? Objection & Response Defendants’ Objections: Page 42:14-15, 22: Irrelevant, Fed. R. Evid. 801, 802.; Page 43:21-23: No foundation, Fed. R. Evid. 401. 22 A. I do not know. Plaintiff’s Response: Page 43 7 8 Q. (Continuing by Mr. Scotten) How many partners does Ruiz & Flint have? Mr. Jones was the corporate representative for Ruiz & Flint. 17 18 19 20 21 22 A. Q. For a certainty, I do not know. (Continuing by Mr. Scotten) Do you know Mr. Eugene Ruiz? Yes, sir. A. Q. What’s his position at Ruiz & Flint? A. I would speculate that he’s a partner and owner. 11. Pre-Trial Exhibit Stipulation The parties shall prepare a Pre-Trial Exhibit Stipulation which shall contain each party’s numbered list of trial exhibits, with objections, if any, to each exhibit including the basis of the objection and the offering party’s response. All exhibits to which there is no objection shall be deemed admitted. All parties shall stipulate to the authenticity of exhibits whenever possible, and the Pre-Trial Exhibit Stipulation shall identify any exhibits whose authenticity has not been stipulated to and the specific reasons for the party’s failure to stipulate. -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Stipulation shall be substantially in the following form: Pre-Trial Exhibit Stipulation Plaintiff’s Exhibits Number Description Objection Response to Objection Defendant’s Exhibits Number Description Objection Response to Objection The Pre-Trial Exhibit Stipulation shall be filed at the same time as counsel files the PTCO. Failure to comply with this paragraph shall constitute a waiver of all objections. 12. Post Trial Exhibit List At or before the conclusion of the evidence, counsel for each party shall submit a “clean” list of only those exhibits offered by such party that have been admitted into evidence. Such lists shall be in a form suitable for submission to the jury and shall set forth the following information with respect to each exhibit to the extent applicable: (a) (b) (c) Exhibit Number Date A brief description of the exhibit that will enable jurors to identify it but which does not characterize the exhibits or its contents (e.g., letter from A to B; photograph of 100 Main Street). B. Court Trials In addition to the requirements listed above that apply to non-jury trials, the Court orders that counsel comply with the following in their preparation for a Court Trial. 1. Findings of Fact and Conclusions of Law For a non-jury trial, counsel for each party shall file and serve proposed Findings of Fact and Conclusions of Law seven (7) days prior to the date for filing of the Motions in Limine and the Response to Findings of Fact and Conclusions of Law indicated in the “Schedule of Trial and Pretrial Dates.” The parties shall also e-mail these proposed -19- Findings of Fact and Conclusions of Law in WordPerfect format (X9 or earlier versions) or Microsoft Word (Word 365 or earlier versions) to both the Court’s ECF e-mail address and opposing counsel. Counsel for each party shall then: (a) (b) (c) Underline or highlight in red the portions which it disputes; Underline or highlight in blue the portions which it admits; and Underline or highlight in yellow the portions which it does not dispute, but deems irrelevant. Counsel may agree with a part of a finding or conclusion, disagree with a part of it and/or consider a part of it irrelevant. The parties should then file and serve their respective Responses to the other party’s proposed Findings of Fact and Conclusions of Law on the date for filing of the Motions in Limine and the Responses to Findings of Fact and Conclusions of Law indicated in the “Schedule of Trial and Pretrial Dates.” The parties shall be prepared to submit to the court, and to exchange among themselves, supplemental Findings of Fact and Conclusions of Law during the course of the trial, with respect to which the same underlining procedure may be ordered. 2. Witness Declarations Counsel in non-jury trials shall submit the direct testimony of their witnesses in writing in a declaration executed under penalty of perjury. This requirement does not apply to the testimony of witnesses affiliated with the opposing party who refuse to provide a trial declaration. Trial testimony declarations shall be in admissible form with appropriate foundation established for the declarant’s statements. These declarations shall also include an adequate foundation and evidentiary basis for each trial exhibit a party seeks to admit through the testimony of the witness. Paragraphs in each declaration shall be numbered consecutively to facilitate the identification of paragraphs for evidentiary objections. Counsel are to exchange and file these declarations with the Court at least twenty-one (21) days before trial, unless otherwise ordered by the Court. Fourteen (14) days before 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -20- trial, Counsel may file a separate document stating any evidentiary objections to those declarations. Lead counsel must then meet and confer regarding any possible objections to Direct Testimony Trial Declarations. At the conference, counsel shall attempt to resolve the objections. After the conference, for any objection counsel have been unable to resolve, the parties shall, no later than seven (7) days prior trial, file a single joint statement that contains the objections and responses for all witnesses. Do not submit blanket or boilerplate objections - these will be disregarded and overruled. The Joint Statement shall be in the following format: Trial Declaration Testimony Objection & Responses Plaintiff’s Trial Declaration of Tom Jones Defendant’s Objection ¶ 14: [Text of disputed paragraph of the trial testimony declaration] [Cite the grounds and authority for the objection, e.g., Relevance under Fed. R. Evid. 401; Foundation under Fed. R. Evid. 901] Plaintiff’s Response to Objection [e.g., this testimony is relevant to Plaintiff’s first claim for relief because . . . .] Defendant’s Response [e.g., this testimony is not relevant to Plaintiff’s first claim for relief because . . . ] At trial, the Court will rule on the evidentiary objections and, depending upon the ruling, the declarations will be received in evidence, either in whole or in part, or rejected. Counsel will then conduct the cross-examination and re-direct examination at trial. This order does not apply to rebuttal witnesses. Failure to comply with the literal terms of this Order will result in sanctions or the Court may refuse to allow that witness to testify. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -21- IV. TRIAL CONDUCT A. Trial Schedule Counsel shall arrive in the Courtroom at 8:30 a.m. on the first day of trial for the purpose of handling logistical and administrative matters pertaining to the trial, including the submission of exhibits as discussed below. On the first day of trial, and until a jury is empaneled in a Jury Trial, the Court will typically be in session from 9:00 a.m. until 5:00 p.m. Once a jury is empaneled, trials are conducted Tuesday through Friday from 8:00 a.m. to 1:30 p.m., with two fifteen (15) minute breaks. Before trial commences, the Court will give Counsel an opportunity to discuss administrative matters and anticipated procedural or legal issues. On the first day of trial, this will include a final discussion of voir dire questions and the content of the joint statement. During the trial, the court will not hold bench or chambers conferences, it is the intention of the court that trial testimony will be presented without interruption for five or six hours each day, and all legal issues of importance must be raised in advance of trial by written noticed motions. If there are any matters Counsel wish to discuss, inform the Courtroom Deputy and the matter can be heard at the next recess or the next day. B. Time Limits The Court will, in every case, impose time limits on the amount of time each side will have for opening statement, witness examination, and closing argument. C. Courtroom Technology If Counsel need to arrange for the installation of their own additional equipment, such as video monitors, overhead projectors, etc., notify the Courtroom Deputy no later than 4:30 p.m. the Thursday BEFORE trial so that the necessary arrangements can be made. D. Witnesses The parties are to exchange final witness lists in the order in which the witnesses will be called to testify together with a final joint trial witness time estimate form five (5) days prior to trial. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff must advise defendant, no later than noon on the Friday before the commencement of trial, the names of the witnesses in the order in which they will be called to testify on the first Tuesday and Wednesday of trial. Failure to adhere to this provision of the Court’s order may result in the Court precluding the witness from testifying at trial. Counsel shall, either in advance of trial, or at least before the witness testifies, notify the clerk – preferably in writing – what exhibits the witness will be asked to testify about. The clerk then places those exhibits, each clearly labeled, before the witness at the beginning of that witness’ testimony. E. Voir Dire and Jury Selection The Court will conduct voir dire after conferring with Counsel regarding potential areas of questioning. A portion of the voir dire may be based on written questions given to the jurors when they arrive at Court. In most cases, the Court will conduct its initial voir dire of 14 prospective jurors who will be seated in the jury box. Normally the Court selects a jury of eight. Except in an unusual case, each side will have three peremptory challenges. Therefore, if 14 jurors are in the box and all six peremptories are exercised, the remaining eight jurors will constitute the jury panel. If fewer than six peremptories are exercised, the eight low-numbered jurors (by seat number in the jury box) will constitute the jury panel. F. Instructions Governing Procedure During Trial 1. Counsel are expected to cooperate with each other during trial to insure the efficient and expeditious use of court and juror time. 2. Counsel shall not refer to their clients or any witness over 14 years of age by their first names during trial. 3. 4. Do not discuss the law or argue the case in opening statements. Do not use objections for purposes of making a speech, recapitulating testimony, or attempting to guide the witness. When objecting, state only that you are objecting and the specific legal ground of the objection, e.g., hearsay, irrelevant, etc. The court will not hear arguments in front of the jury on evidentiary issues. Most unusual or -23- complex evidentiary issues can be foreseen and disposed of in advance; those that cannot ordinarily will be disposed of at the next recess, with the witness retained until the issue is resolved. 5. Counsel should not paraphrase the witness’ answer into a new question which asks the same thing. For example: (a) (b) (c) (d) (e) Do I understand you to mean that . . . Is it your testimony then that . . . Is it fair to say that . . . Can we assume then that . . . So that I am clear . . . There is no need to hear the testimony of the witness two or three times. In addition having been asked and answered, often these questions are argumentative. 6. Counsel are to have their witnesses review all exhibits about which they will be questioned. 7. In multi-party cases, Counsel are expected to coordinate their cross- examination. The Court will not permit each party’s counsel to repeat previous cross- examination questions. 8. Do not approach the Courtroom Deputy or the witness box without the Court’s permission. Please return to the lectern when your purpose has been accomplished. Do not enter the well of the Court without the Court’s permission. 9. Please rise when addressing the Court, and when the jury enters or leaves the courtroom. 10. Address all remarks to the Court. Do not directly address the Courtroom Deputy, the reporter, or opposing counsel. If you wish to speak with opposing counsel, ask permission to talk to counsel off the record. All requests to re-read questions or answers, or to have an exhibit placed in front of a witness, shall be addressed to the Court. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -24- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. Although the Court encourages the parties to stipulate to facts that are not reasonably in dispute, do not offer a stipulation unless you have previously conferred with opposing counsel and reached an agreement. 12. All depositions to be used in the trial, either as evidence or for impeachment, must be signed and lodged with the Courtroom Deputy on the first day of trial or such earlier date as the Court may order. If deposition transcripts available in an electronic format, they should be lodged with the hard copy. 13. Whenever Counsel expects to offer a group of answers to interrogatories or requests for admissions, extracted from one or more lengthy documents, Counsel shall prepare a new document listing each question and answer and identifying the document from which it was extracted. Copies of this new document should be given to the Court and opposing counsel. 14. While court is in session, do not leave the counsel table to confer with investigators, secretaries, or witnesses unless permission is granted in advance. 15. When a party has more than one lawyer, only one may conduct the examination of a given witness and only that lawyer may handle objections during the testimony of that witness. 16. If a witness was on the stand at a recess or adjournment, have the witness back on the stand and ready to proceed when court resumes. 17. Do not run out of witnesses. If you are out of witnesses and there is more than a brief delay, the Court may deem that you have rested. 18. Counsel are advised to be on time as the Court starts promptly. IT IS SO ORDERED. Dated: Revised:3/11/2021 ___________________________________ Percy Anderson UNITED STATES DISTRICT JUDGE -25- JOINT TRIAL WITNESS ESTIMATE FORM CASE: ______________________________________ TRIAL DATE: ________________________________ WITNESS NAME PARTY CALLING WITNESS AND ESTIMATE X-EXAMINER’S ESTIMATE DESCRIPTION OF TESTIMONY COMMENTS 1 2 3 4 5 6 7 8 9 1 TOTAL ESTIMATES THIS PAGE: Instructions: (1) List witnesses (last name first); (2) For description, be extremely brief, e.g., “eyewitness to accident.” Or “expert on standard of care.” (3) Use estimates within fractions of an hour, rounded off to closest quarter of an hour. E.g., if you estimate 20 minutes, make it .25. An estimate of one and one-half hours would be 1.5. An estimate of three-quarters of an hour would be .75; (4) Note special factors in “Comments” column. E.g., “Needs interpreter.” (5) Entries may be in handwriting if very neat and legible.

=== 2021 Criminal Standing Order ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Case No. CR PA Plaintiff, ORDER RE: CRIMINAL TRIAL v. Defendant. The above matter is set for trial before the Honorable Percy Anderson, Courtroom No. 9A, United States Courthouse, 350 West 1st Street, Los Angeles, California. PRE-TRIAL AND TRIAL DATES 1. Pretrial motions, including motions in limine, shall be filed on: Oppositions shall be filed on: Replies (optional) shall be filed on: Status Conference/Hearing is set for: at 3:00 p.m. Trial is set for Tuesday at 8:30 A.M. on: 2. All pleadings shall be served personally on opposing counsel or faxed to opposing counsel no later than 4:30 p.m. on the day of filing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Notwithstanding any contrary provision in the Local Rules, and unless otherwise ordered by the Court, Judge Anderson does not require parties to provide Mandatory Chambers Copies of documents filed through the Court’s CM/ECF System. No party shall deliver a Mandatory Chambers Copy to Judge Anderson unless specifically ordered to do so. If the Court orders the delivery of a Mandatory Chambers Copy, the Mandatory Chambers Copy shall be delivered by either: (1) delivering it to Judge Anderson’s mailbox located adjacent to the Clerk’s Office on the fourth floor of the United States Courthouse, 350 West 1st Street, Los Angeles, California, no later than 12:00 noon on the business day following the filing of the document; or (2) sending it by guaranteed overnight delivery to the United States Courthouse, 350 West 1st Street, Suite 4311, Los Angeles, California 90012-4565. Should the Mandatory Chambers Copy be sent by overnight delivery, the sender shall notify the delivery service that the signature of the recipient is not required. 4. Counsel are ORDERED to list their facsimile transmission numbers along with their address and telephone numbers on all papers submitted to the Court in order to facilitate communication by the Court. DISCOVERY & NOTICE 5. Counsel for the government and counsel for defendant shall comply promptly with discovery and notice pursuant to Fed. R. Crim. P. 12, 12.1, 12.2, 12.3, 15, and 16. Upon government counsel’s discovery of any evidence within the scope of Brady v. Maryland, 373 U.S. 83 (1963), such evidence shall be produced forthwith to counsel for the defendant. Counsel for the government shall also disclose to counsel for defendant the existence or non-existence of: (1) evidence obtained by electronic surveillance; and (2) testimony by a government informer. APPLICATIONS AND STIPULATIONS TO EXTEND TIME 1. Applications to extend the time to file any required document or to continue any hearing, status conference or trial date must set forth the following: a. the existing due date or hearing date, as well as the status conference and the trial date; -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. c. specific, concrete reasons supporting good cause for granting the extension; and whether there have been prior requests for extensions, and whether those requests were granted or denied by the Court. ELECTRONIC AND UNDER SEAL FILINGS Pursuant to Local Civil Rule 5-4.3.1, documents filed electronically must be submitted in Portable Document Format (“PDF”), created using word-processing software, and published to PDF from the original word-processing file to permit the electronic version of the document to be searched. Other than signature pages, PDF IMAGES CREATED BY SCANNING PAPER DOCUMENTS ARE PROHIBITED. Violation of Local Rule 5-4.3.1 may result in the striking of the offending document and the imposition of monetary or other sanctions. Judge Anderson’s procedures for under seal filings differ in certain respects from those contained in the Central District of California’s Local Rules. Parties shall make every effort to limit the number and volume of under seal filings. In most circumstances, parties should seek to file under seal only the specific portions of exhibits or documents for which there is a valid basis for filing under seal. When seeking the Court’s approval for an under seal filing, the submitting party shall electronically file an Ex Parte Application to Seal and proposed Order through the Court’s CM/ECF System pursuant to Local Civil Rule 5-4 and Local Criminal Rule 49-1.1. The Ex Parte Application and proposed Order shall not contain the information the party seeks to file under seal. The party seeking permission to file under seal shall submit to the Court’s generic chambers e-mail address ([email protected]) PDF versions of the Ex Parte Application, proposed Order, Declaration in Support of Ex Parte Application stating the reason for the under seal filing, and the document(s) and/or exhibit(s) the party seeks to file under seal. The party shall also submit a Word or WordPerfect version of the proposed Order to the generic chambers e-mail address. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 These procedures for the filing of under seal documents do not apply to in camera submissions. MOTIONS IN LIMINE 1. Before filing any motion in limine, counsel for the parties shall confer in a good faith effort to eliminate the necessity for hearing the motion in limine or to eliminate as many of the disputes as possible. It shall be the responsibility of counsel for the moving party to arrange for this conference. The conference shall take place in person within five calendar days of service upon opposing counsel of a letter requesting such conference. Unless counsel agree otherwise, the conference shall take place at the office of the counsel for the government. If both counsel are not located in the same county in the Central District, the conference may take place by telephone. The moving party’s letter shall identify the testimony, exhibits, or other specific matters alleged to be inadmissible and/or prejudicial, shall state briefly with respect to each such matter the moving party’s position (and provide any legal authority which the moving party believes is dispositive), and specify the terms of the order to be sought. 2. If counsel are unable to resolve their differences, they shall prepare a Joint Motion in Limine. The Joint Motion in Limine shall consist of one document signed by all counsel. The Joint Motion in Limine shall contain a clear identification of the testimony, exhibits, or other specific matters alleged to be inadmissible and/or prejudicial and a statement of the specific prejudice that will be suffered by the moving party if the motion is not granted. The identification of the matters in dispute shall be followed by each party’s contentions and each party’s memorandum of points and authorities. The title page of the Joint Motion in Limine must state the hearing date for the motions in limine and the trial date. 3. Joint Motions in Limine made for the purpose of precluding the mention or display of inadmissible and/or prejudicial matter in the presence of the jury shall be accompanied by a declaration from the moving party that includes the following: (a) a clear identification of the specific matter alleged to be inadmissible and/or prejudicial; (b) a -4- representation to the Court that the subject of the motion in limine has been discussed with opposing counsel, and that opposing counsel has either indicated that such matter will be mentioned or displayed in the presence of the jury before it is admitted in evidence or that counsel has refused to stipulate that such matter will not be mentioned or displayed in the presence of the jury unless and until it is admitted in evidence; and (c) a statement of the specific prejudice that will be suffered by the moving party if the motion in limine is not granted. 4. Unless ordered by the Court, no supplemental or separate memorandum of points and authorities shall be filed by either party in connection with any motion in limine. The moving party shall serve its portion of the Joint Motion in Limine on the responding party fourteen (14) days prior to the date for filing of motions in limine indicated in this Order. The responding party shall then serve the opposition portion of the Joint Motion in Limine on the moving party both on paper and in an electronic format seven (7) days prior to the date for the filing of motions in limine. The moving party shall incorporate the responding party’s portion into the Joint Motion in Limine, add its arguments in reply, and file and serve the Joint Motion in Limine. Neither party’s portions of a Joint Motion in Limine shall exceed eight (8) pages. 5. The Court will not consider any motion in limine in the absence of a joint motion or a declaration from counsel for the moving party establishing that opposing counsel: (a) failed to confer in a timely manner; (b) failed to provide the opposing party’s portion of the joint motion in a timely manner; or (c) refused to sign and return the joint motion after the opposing party’s portion was added. 6. Unless otherwise ordered by the Court, motions in limine will be heard at the Final Status Conference. Unless the Court in its discretion otherwise allows, no motions in limine shall be filed or heard on an ex parte basis, absent a showing of irreparable injury or prejudice not attributable to the lack of diligence of the moving party. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. The failure of any counsel to comply with or cooperate in the foregoing procedures will result in the imposition of sanctions, including a resolution of the issue against the party refusing to cooperate. TRIAL 1. Counsel for the government shall file with the Court in camera (under seal) all statements of all witnesses to be called by the government in its case-in-chief. Such statements shall be filed at least five (5) calendar days before trial. 2. Counsel shall arrive at the Courtroom promptly on the first day of trial. 3. Counsel for the government shall present the Courtroom Deputy with the following documents on the first day of trial: a. b. c. THREE copies of the government’s witness list. THREE copies of the government’s exhibit list in the form specified in Local Rule 9.9 (Civil). ALL of the government’s exhibits, with official exhibit tags attached and bearing the same number shown on the exhibit list. Defendant’s counsel does not have to deliver his or her exhibits to the Courtroom Deputy on the first day of trial; however, Defendant’s counsel is responsible for affixing completed exhibit tags with the case name and case number to his or her exhibits which are intended to be used in the defendant’s case. Exhibit tags can be obtained from the Clerk’s Office. Exhibits shall be numbered 1, 2, 3, 4, etc., NOT 1.1, 1.50 etc. If a blow up is an enlargement of an existing exhibit, it shall be designated with the number of the original exhibit followed by an “A”. Counsel for the government should be aware that the Court will order that exhibits such as firearms, narcotics, etc., remain in the custody of the agents during the pendency of the trial. The agent will be required to sign the appropriate form in order to take custody of such exhibits. It shall be -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the responsibility of the agents to produce said items for court, secure them at night and guard them at all times while in the courtroom. d. A bench book containing a copy of all exhibits that can be reproduced. Each exhibit shall be tabbed with the exhibit number for easy referral. Defendant’s counsel shall provide the Court with a copy of their exhibits as they are introduced during trial. e. The exhibit list should be provided in both a PDF version and in WordPerfect format (X9 or earlier versions) or Microsoft Word (Word 365 or earlier versions) to the Court’s generic chambers e-mail address ([email protected]). A copy of the exhibit list with all admitted exhibits will be given to the jury during deliberations. Government and defense counsel shall review and approve the exhibit list with the Courtroom Deputy prior to it being given to the jury. 4. If counsel need to arrange for the installation of their own additional equipment, such as video monitors, overhead projectors, etc., notify the Courtroom Deputy no later than 4:30 p.m. two days BEFORE trial so that the necessary arrangements can be made. 5. Counsel shall arrive in the Courtroom at 8:30 a.m. on the first day of trial for the purpose of handling logistical and administrative matters pertaining to the trial. On the first day of trial, and until a jury is empaneled in a Jury Trial, the Court will typically be in session from 9:00 a.m. until 5:00 p.m. Once a jury is empaneled, trials are conducted Tuesday through Friday from 8:00 a.m. to 1:30 p.m., with two fifteen (15) minute breaks. 6. The Court reserves the time from 7:30 a.m. to 8:00 a.m. to handle legal and administrative matters outside of the presence of the jury. The trial before the jury will commence promptly at 8:00 a.m. Counsel is urged to anticipate matters that may need discussion or hearing outside of the presence of the jury and to raise them during this period, during breaks or at the end of the day. -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JURY INSTRUCTIONS & VERDICT FORMS 1. Jury instructions in the form described below are to be filed not later than the Wednesday of the week prior to trial. The parties must file JOINT jury instructions, a JOINT proposed verdict form and, if necessary, special interrogatories. The parties shall meet and confer sufficiently in advance of the required filing date with the objective of submitting one set of agreed upon instructions, verdict form and, if necessary, special interrogatories. The parties should also submit a copy of each of these documents in WordPerfect format (X9 or earlier versions) or Microsoft Word (Word 365 or earlier versions) to the Court’s generic chambers e-mail address ([email protected]). 2. If the parties cannot agree upon one complete set of instructions, verdict form and/or special interrogatories, they shall file two documents with the Court: a joint document reflecting the agreed upon instructions, verdict form and/or special interrogatories; and a second document in the form of a joint statement regarding the disputed instructions, verdict form, and/or special interrogatories in the following format for each instruction, verdict form and/or special interrogatories in issue: a. b. A separate page containing the text of the disputed language with an identification of the party proposing it; Following the text of the disputed language, the opposing party’s statement of objections to the disputed language along with legal authority in support of the argument (not to exceed one page) and proposed alternative language where appropriate; and c. The proposing party’s response to the objection with legal authority supporting the proposed language, not to exceed one page. Both the agreed on set, and the joint statement re: disputed instructions, verdict form, and/or special interrogatories shall be filed at least five calendar days before the trial. 3. All proposed jury instructions shall be in the format specified by Local Rule 51- 2 (civil). The Court will send a copy of the instructions into the jury room for the jury’s use -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 during deliberations. Accordingly, in addition to the file copies described above, the submission of jury instructions to the Court’s generic chambers e-mail address shall contain a “clean set” of Joint Proposed and/or Disputed Jury Instructions, containing only the text of each instruction set forth in full on each page, with the caption “Court’s Instruction No. ___” (eliminating titles, supporting authority, indication of party proposing, etc.) in WordPerfect format (X9 or earlier versions) or Microsoft Word (Word 365 or earlier versions). 4. A Table of Contents shall be included with all jury instructions submitted to the Court. The Table of Contents shall set forth the following: a. b. c. d. The number of the instruction; A brief title of the instruction; The source of the instruction; and The page number of the instruction. EXAMPLE: Number Title Source Page Number 1 Duty of the Jury 9th Cir. 1.01 1 5. Each requested jury instruction shall be numbered and set forth in full on a separate page, citing the authority or source of the requested instruction. 6. The Court prefers counsel to use the instructions from the Manual of Model Criminal Jury Instructions for the Ninth Circuit (West Publishing, current edition). Another suggested source is Federal Jury Practice and Instructions, Devitt, Blackmar, Wolff and O’Malley (West Publishing, current edition). 7. Modifications of instructions from the foregoing sources (or any other form instructions) must specifically state the modification made to the original form instruction and the authority supporting the modification. 8. Counsel may, but need not, submit brief proposed voir dire questions for the jury at the Pre-Trial Conference. The Court will conduct its own voir dire after consulting any proposed voir dire submitted by counsel. Any proposed voir dire questions shall be filed at the same time as the proposed jury instructions. -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INSTRUCTIONS GOVERNING PROCEDURE DURING TRIAL 1. Counsel are expected to cooperate with each other during trial to insure the efficient and expeditious use of court and juror time. 2. Counsel shall not refer to their clients or any witness over 14 years of age by their first names during trial. 3. Do not discuss the law or argue the case in opening statements. 4. Do not use objections for purposes of making a speech, recapitulating testimony, or attempting to guide the witness. When objecting, state only that you are objecting and the specific legal ground of the objection, e.g., hearsay, irrelevant, etc. The court will not hear arguments on ordinary evidentiary issues. Most unusual or complex evidentiary issues can be foreseen and disposed of in advance; those that cannot ordinarily will be disposed of at the next recess, with the witness retained until the issue is resolved. During the trial, the court will not hold bench or chambers conferences, it is the intention of the court that trial testimony will be presented without interruption for five or six hours each day, and all legal issues of importance must be raised in advance of trial by written noticed motions. If there are any matters Counsel wish to discuss, inform the Courtroom Deputy and the matter can be heard at the next recess or the next day. 5. Counsel should not paraphrase the witness’ answer into a new question which asks the same thing. For example: a. b. c. d. e. Do I understand you to mean that . . . Is it your testimony then that . . . Is it fair to say that . . . Can we assume then that . . . So that I am clear . . . There is no need to hear the testimony of the witness two or three times. In addition having been asked and answered, often these questions are argumentative. 6. Counsel are to have their witnesses review all exhibits about which they will be questioned. -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. In multi-party cases, Counsel are expected to coordinate their cross-examination. The Court will not permit each party’s counsel to repeat previous cross-examination questions. 8. Do not approach the Courtroom Deputy or the witness box without the Court’s permission. Please return to the lectern when your purpose has been accomplished. Do not enter the well of the Court without the Court’s permission. 9. Please rise when addressing the Court, and when the jury enters or leaves the courtroom. 10. Address all remarks to the Court. Do not directly address the Courtroom Deputy, the reporter or opposing counsel. If you wish to speak with opposing counsel, ask permission to talk to counsel off the record. All requests to re-read questions or answers, or to have an exhibit placed in front of a witness, shall be addressed to the Court. 11. While court is in session, do not leave the counsel table to confer with investigators, secretaries, or witnesses unless permission is granted in advance. 12. When a party has more than one lawyer, only one may conduct the examination of a given witness and only that lawyer may handle objections during the testimony of that witness. 13. If a witness was on the stand at a recess or adjournment, have the witness back on the stand and ready to proceed when court resumes. 14. Do not run out of witnesses. If you are out of witnesses and there is more than a brief delay, the Court may deem that you have rested. 15. Counsel are advised to be on time as the Court starts promptly. 16. Do not make an offer of stipulation unless you have conferred with opposing counsel and reached an agreement. Any stipulation of fact will require the defendant’s personal concurrence and shall be submitted to the Court in writing for approval. A proposed stipulation should be explained to the defendant in advance. -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. Counsel should not by facial expression, nodding, or other conduct exhibit any opinion, adverse or favorable, concerning any testimony being given by a witness. Counsel must admonish counsel’s own clients and witnesses to avoid such conduct. 18. Counsel are admonished to not state in summation, I am reading from the reporter’s transcript.” Counsel may, however, refer to “notes” [which may include a partial transcript] and proceed to deliver the recounted in a “question and answer” format. Counsel are not to suggest to the jury that they may request rereading of testimony. That subject will be covered with the jury in the jury charge as follows: Re-reading of testimony is possible, but I must review all of what is to be re-read -- there is no transcript made up. And, even if there were, I would have to have it re-read due to objections, side-bars, and other proceedings outside the jury’s presence. Moreover, I or the attorneys might feel that other matters should be included in the same read-back. Preparing for a re-read of testimony takes time. Please understand that, so that if a request is made, we will gladly arrange to do so, but the jury should keep deliberating until we are able to make sure that we have everything ready. SENTENCING POSITION PAPERS AND OBJECTIONS TO PRESENTENCE REPORTS Rule 32 of the Federal Rules of Criminal Procedure requires the parties to notify the Probation Officer, and each other, of any objections to the Presentence Report within fourteen (14) days of receipt. Alternatively, counsel may file such objections no later than twenty-one (21) days before sentencing. The Court construes “objections” to include sentencing position papers and departure arguments. Any party who intends to move for a continuance of the sentencing hearing shall, not later than noon on the Tuesday preceding the hearing date, notify opposing counsel and the court clerk. Strict compliance with these deadlines is mandatory because untimely filings interfere with the abilities of the Probation -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Office and of the Court to prepare for sentencing. Failure to meet these deadlines is grounds for sanctions. DATED: Revised 3/11/21 _________________________________ Percy Anderson UNITED STATES DISTRICT JUDGE -13-

=== JERS Information Sheet ===

JERS (JURY EVIDENCE RECORDING SYSTEM) Judge Percy Anderson is participating in a pilot project using a jury evidence recording system (JERS) that allows evidence admitted during trial to be viewed electronically in the jury deliberation room upon the conclusion of the trial. JERS provides easy access to evidence during the deliberations through the use of a large screen monitor in the jury room. JERS also provides an efficient method for tracking the receipt and introduction of evidence in document-intensive bench trials. Judge Anderson will determine how and if JERS will be used during each specific trial. Attorneys of record will be given an opportunity to review the exhibits at the conclusion of evidence. The Courtroom Deputy Clerk, at the Judge’s direction, will release exhibits to the jury as deliberations begin. JERS has the ability to: Store all exhibits submitted prior to trial, and then designate just those admitted into evidence for the jury’s use during deliberations; Capture, through the courtroom’s presentation equipment, exhibits that were not submitted prior to trial but later admitted by the court; print a list of the exhibits, by number and by description, that can be released to the deliberating jury; and restrict how the jury may review the exhibit: Audio Only, Video Only, Zoom Off (Zoom Off restricts the jury from enlarging an exhibit on the large screen in the deliberation room). At the conclusion of the trial (after the verdict is returned) the Courtroom Deputy Clerk has the ability to produce a DVD of all exhibits presented to the jury for the attorney of record for the plaintiff and defendant, upon request. JERS will accept electronic evidence only in the following formats as other types cannot be uploaded: Documents and Photographs: Video and Audio Recordings: .bmp, .gif, .jpg, .pdf, .tif .avi, .mpg, .mp3, .wav, .wma, .wmv Regarding the file size of electronic evidence, individual files should not exceed 500MB. If possible, exhibits approaching or exceeding this size limit should be separated into multiple files. Note: PDF documents can often be reduced significantly in size by using tools such as Adobe’s “Reduce File Size” feature. Images can be significantly reduced in file size by lowering their resolution or dimensions, usually with minimal affect to viewing quality. Videos should be separated into 10 minute clips to satisfy the 500 MB limit. SUBMITTING EXHIBITS Counsel shall submit all proposed exhibits on a flash/thumb drive. The drive shall be labeled with the title of the case and the name of the party for whom the exhibits are submitted. These files will be utilized BY THE COURT ONLY and will not be provided to the opposing party. All the files shall be in one directory on the thumb drive (preferably the root directory). A hard copy of the party’s exhibit list that includes the electronic file name for each exhibit shall be submitted with the Thumb Drive and an electronic copy of the Exhibit List shall be accompanied on the thumb drive in Word Format. Unless otherwise directed by the Court, the Thumb Drive will not be returned to counsel. Parties shall be prepared, as is the usual practice, to submit hard copies of all exhibits admitted during trial. JERS is NOT used by counsel during trial to present evidence. Exhibits shall be presented to the jury by a laptop connection or by conventionally presenting exhibits using the electronic document camera. It is the responsibility of counsel that exhibits used during trial coincide in exhibit number and image to the exhibits electronically submitted to the court and to substitute any documents that have been altered. There are two ways for attorneys to electronically prepare exhibits for use in JERS. Exhibit files can be formatted in a manner that permits them to be batch imported into the JERS system. METHOD ONE (MOST COMMONLY USED) File Naming Method: All files are provided on a single storage device such as a CD, DVD, or USB drive. Using any software or method, exhibit files are renamed using a naming convention similar to: Exhibit Number-Exhibit Part_Exhibit Description.File Extension The use of the “underscore” character is required when a description of the exhibit is included and cannot be used elsewhere in the exhibit name. Exhibit Number[underscore]Exhibit Description[.]File Extension Example: 101_Photograph of Gun.pdf Note: An underscore must be placed between the exhibit number and exhibit description. Do not use an underscore anywhere else in the exhibit file name. SUB EXHIBIT Exhibit Number[dash]Sub Letter[underscore]Exhibit Description[.]File Extension Example: 101-A_Photograph of Gun Marked Up.pdf Example listing of valid exhibit file names: 1_photograph.jpg 12_2009 Tax Statement.pdf 10_2009 tax statement.pdf 103_Sara Smith depo part 1.pdf 1-a_photograph.jpg 15(a)_camera footage.wmv 101_camera footage.wmv 103-a_Sara Smith depo part 2.pdf Please do not use descriptive words in the file names such as “confidential,” “damages/damaging,” “stolen,” “attorneys eyes only,” etc. METHOD TWO Attorneys using exhibit management software may submit (on a CD or DVD-R) exhibits exported using an indexed file method. The CD shall also contain a text delimited file naming the exhibits. The text file must be named “Exhibits.txt” and each line must contain information using this format: Exhibit Number-Subpart|Exhibit Description|Exhibit File Name.File Extension Example listing of valid exhibit file names: 001-001|Camera footage|001.wmv 002-001|Contract.pdf|002.pdf 003-001|Photo of bank from west|003.jpg 003-002|Photo of bank from east|004.jpg The “Exhibits.txt” file must be in the same folder or directory as all the exhibits. IMPORTANT: The exhibit description for either method may not exceed 130 characters, including spaces. Quotation marks, brackets, parentheses, and foreign language accent marks MAY NOT be used in the exhibit description. The exhibit description will appear on the list displayed to the jury. The file name MUST NOT begin with a number. Hyphens and underscore characters must be used only as shown in the examples above. PRIOR TO TRIAL Counsel shall mark all exhibits as directed by the Court, and produce an exhibit list and produce the thumb drive/flash drive as indicated above. DURING TRIAL There is no real difference for the attorneys or the jury during the trial. Exhibits still will be presented and admitted in the traditional format (i.e., on paper or electronically). Attorneys shall have paper copies of all exhibits available to be marked by the clerk when admitted by the Court, and for use by the jury during deliberations. On occasion evidence may be modified by a witness (for example, marking a picture or document) or by the Court (redacting certain pages of an exhibit), during the trial. Counsel must clearly communicate to the Courtroom Deputy Clerk whenever a substitution is made and present the exhibit during the trial in electronic form on a USB flash drive and/or via email. This is so that the Courtroom Deputy Clerk may update the exhibit list in JERS for use during deliberation. JERS also has the functionality to capture live evidence being displayed over the evidence presentation equipment (document camera, DVD/VCR, or audio system). A snapshot, audio or video clip may be admitted to the record when requested by counsel and approved by the Judge. PRIOR TO DELIBERATIONS The Courtroom Deputy Clerk will meet with counsel prior to the Court’s charge to the jury and review all exhibits entered in the JERS software, to guarantee that the evidence is labeled correctly. The JERS software has the ability to permit, or not permit, the jury to zoom in or zoom out of any evidence (other than audio or video submissions). The Court may make a determination, when necessary, as to how that function will be used. The Judge will advise the jury that JERS is available in the deliberation room and explain that a tutorial is available. APPEALS The Court of Appeals requires the submission of hard copies of any and all trial exhibits. Hard copy (paper) exhibits are returned to counsel at the conclusion of deliberations. Counsel must retain those exhibits until the appeal time has lapsed.