Hon. Dale S. Fischer · U.S. District Court for the Central District of California
=== 2021 ORDER RE REQUIREMENTS FOR FEE MOTION ===
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, Defendant. ) ______________________________ ) v. , Case No. DSF ORDER RE REQUIREMENTS FOR MOTION FOR ATTORNEYS’ FEES Format of Time and Expense Records In addition to any other requirements imposed by statute or case law, motions for attorneys’ fees must include time and expense records prepared in the format described in the Court’s separate Order re Format of Time and Expense Records. Conference of Counsel Before filing a motion for attorneys’ fees, counsel must meet and confer in person or by videoconference pursuant to Local Rule 7-3 to attempt in good faith to agree on the reasonable amount of fees to be awarded (if the Court decides to award fees), keeping in mind that a contested request for attorneys’ fees “should not result in a second major litigation.” Hensley v. Eckerhart, 461 U.S. 424, 437 (1983) (“Ideally, of course, litigants will settle the amount of a fee. Where 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 settlement is not possible, the fee applicant bears the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates.”). Prior to the conference, the moving party must do at least the following: 1. Provide opposing counsel with the billing records on which the motion will be based, and specify the entries for which compensation is and is not sought. These records may be redacted to prevent disclosure of material protected by the attorney-client privilege or work product doctrine. However, as to those redacted items, counsel shall submit a declaration describing the nature of the services with sufficient detail to allow opposing counsel to determine if the item is objectionable. 2. Inform opposing counsel of the hourly rates that will be claimed for each lawyer, paralegal, or other timekeeper. If moving counsel or other timekeepers have performed any legal work on an hourly basis during the period covered by the motion, moving counsel shall provide representative business records sufficient to show the types of litigation in which such hourly rates were paid and the rates that were paid in each type. If moving counsel has been paid on an hourly basis in the case in question or in litigation of the same type as the case in question, records showing the rates paid (not charged) for those services must be provided. If moving counsel will rely on other evidence to establish appropriate hourly rates, such as evidence of rates charged by attorneys of comparable experience and qualifications or evidence of rates used in previous awards by courts or administrative agencies, moving counsel shall provide such other evidence. 3. Furnish evidence of the actual cost of any nontaxable expenses to be sought by the motion; 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 4. Respond to any reasonable request for additional documentation or information. By providing opposing counsel with information about hours, billing rates, and nontaxable expenses, moving counsel will not be deemed to make any admission or waive any argument about the relevance or effect of such information in determining an appropriate award. All information furnished by moving counsel shall be treated as confidential by opposing counsel. The information shall be used solely for purposes of the fee litigation, and shall be disclosed to other persons, if at all, only in court filings or hearings related to the fee litigation. If opposing counsel proposes to disclose any of the information in a court filing or hearing, opposing counsel shall provide moving counsel with prior written notice and a reasonable opportunity to request an appropriate protective order. Joint Statement If there is no agreement as to the fees and costs to be paid, the parties are to produce a Joint Statement for submission. At least seven days prior to the conference of counsel, the moving party must provide to the opposing party a draft of its portion of a Joint Statement that will eventually be submitted to the Court. The Joint Statement must be formatted as a spreadsheet in Microsoft Excel, or a table in WordPerfect or Microsoft Word. The spreadsheet or table must include columns to identify: (1) the date of each time entry; (2) the biller for each time entry; (3) a brief description of the task; (4) the number of hours requested by the moving party for the task; (5) the number of hours, if any, opposing party believes should be awarded for the task; and for disputed items (6) a brief summary of moving party’s position; and (7) a brief summary of opposing party’s position. This format is illustrated in Exhibit A to this Order. A separate spreadsheet or table must be prepared for any nontaxable costs sought by the 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 moving party. The spreadsheet or table of nontaxable costs must include columns to identify: (1) the item; (2) the amount sought by the moving party for the item; (3) the amount, if any, the opposing party believes should be awarded for the item; and for disputed items (4) a brief summary of the moving party’s position; and (5) a brief summary of the opposing party’s position. Following the conference of counsel, and no more than 14 days before the filing of the motion, the moving party must provide to the opposing party the final version of its portion of the Joint Statement in an electronic format. The opposing party shall then input its portion of the Joint Statement into the document and return the completed document to the moving party at least seven days prior to the filing of the motion. The moving party shall then file the Joint Statement at the same time it files the motion. In addition to filing the Joint Statement, the moving party shall email an electronic version of the Joint Statement to this Court’s chambers ECF email inbox. Paper Chambers copies of invoices should be unredacted. Redacted invoices should not be provided in paper to the Court. Submissions that do not meet these requirements will not be considered. If the Court concludes that counsel have not acted in good faith, it will refer the matter to a special master at the expense of the parties. IT IS SO ORDERED. Dated: __________________________________ Dale S. Fischer United States District Judge 4 Exhibit A ATTORNEY DATE DESCRIPTION TIME/AMT REDUCE BY OBJECTION REASON FOR CHALLENGED OBJECTION RESPONSE TO OBJECTION J. DOE 1/2/08 T/C W/ 3.0 ($450) 3.0 ($450) Vague Fails to Meeting w/A. Consultant articulate who Smith re the consultant coroner was & what the report & conversation crime scene concerned video S. ROE 2/1/08 Research 2.0 ($300) 1.0 ($150) Excessive "Notice of No Response Notice of Related Cases Related Cases" is a form document. Attorney shouldn't charge for basic research. J. DOE 2/20/08 Calendared 1.0 ($150) 1.0 ($150) Clerical Atty cannot No Response dates work charge for clerical work 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 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Plaintiff, UNITED STATES OF AMERICA, ____________________________________) Defendant. v. CR - DSF CRIMINAL STANDING ORDER This matter has been assigned to the Honorable Dale S. Fischer, United States District Judge, Courtroom 7D, First Street Courthouse, 350 W. First Street , Los Angeles, California, 90012. A. GENERAL REQUIREMENTS 1. The captioned title of every pleading shall contain the name of the first-listed defendant as well as the name(s) and number(s) (in the order listed in the indictment) of the particular defendant(s) to whom the pleading applies, unless the document applies to all 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 defendants. The individual defendant’s registration number (if known) should be provided on any document pertaining to defendant’s custody status (e.g., requests for transfer, medical requests). All parties shall docket items only as to the particular defendant(s) the item pertains to, not as to all defendants, unless the item pertains to all. With the exception of documents filed under seal, every pleading shall be electronically filed in such a way that it is clear from the docketing entry to which defendants it applies. The outer envelope containing any pleading filed under seal should identify only the case title with first-listed defendant and case number, and should state that the document is filed under seal. 2. Mandatory paper chambers copies of e-filed documents must be delivered to Judge Fischer’s box outside of the Clerk’s office on the fourth floor of the First Street Courthouse - by noon on the day after filing. Documents will not be considered until paper chambers copies are submitted. Attach the NEF to the BACK of the chambers copy. Chambers copies delivered by Federal Express should not require the signature of the recipient. Paper chambers copies are required ONLY for plea agreements, sentencing position papers, motion papers (motions, oppositions, replies, and related documents), stipulations, ex parte applications and orders in excess of three pages, and all trial-related documents. B. EX PARTE APPLICATIONS AND MOTIONS 1. Ex parte applications are disfavored. The Court is unlikely to grant an ex parte application that recites that the moving party has been unable to obtain the position of the opposing party. Counsel should make serious efforts to obtain the agreement (or at least the position) of opposing counsel before filing an application. Where applicable, counsel should also obtain the position of the probation/pretrial services officer assigned to the defendant. 2. Ex parte applications to allow defendant to travel should be made well in advance of the date of travel. Counsel should indicate whether the probation/pretrial services officer has 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 approved the travel. Applications by defendants with appointed counsel, or who are subject to restitution or other payments, must indicate who will pay for the travel and related expenses. If these expenses are not to be paid by the defendant’s employer, the Court may require declarations under penalty of perjury from the persons paying the expenses. 3. Motions to modify bond will be heard by Judge Fischer unless she directs otherwise. All sureties must agree in writing to any changed conditions of release. 4. Pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, motions challenging Federal Rule of Evidence 404(b) evidence, and motions in limine, must be filed and served in compliance with the requirements of Local Civil Rule 6-1, i.e., at least 28 days before the date set for the hearing. Opposition (or notice of non-opposition) and reply (optional) papers must be filed and served in compliance with the requirements of Local Rule 7-9, i.e., no later than 21 days and 14 days before the hearing date, respectively. All motions in limine and other trial-related motions must be properly noticed for hearing no later than the date of the pretrial conference. Counsel must meet and confer with opposing counsel and attempt to resolve the issue(s) before filing a motion. Motions expected to take more than one-half hour of court time (collectively) must include a time estimate beneath the hearing date on the face page of the motion. Adherence to these timing requirements is essential to chambers’ preparation of motion matters. 5. 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. No supplemental brief shall be filed without prior leave of court. Typeface shall comply with Local Rule 11-3.1.1. (Civil). 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 less than one size smaller than text size and shall be used sparingly. 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 6. Filings that do not conform to the Local Rules and this Order may not be considered. 7. Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain whether the requested discovery will be provided. All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery has been requested from opposing counsel, and whether the discovery has been declined, in whole or in part. Motions made without prior consultation with opposing counsel or that fail to include the above information may not be heard. C. DISCOVERY & NOTICE Counsel shall comply promptly with discovery and notice pursuant to Rules 12, 12.1, 12.2, 12.3, 12.4, 15, and 16 of the Federal Rules of Criminal Procedure. On government counsel’s discovery of any evidence within the scope of Brady v. Maryland, 373 U.S. 83 (1963), and related cases, such evidence shall be produced forthwith to defense counsel. Government counsel shall also disclose to defense counsel the existence or non-existence of: (1) evidence obtained by electronic surveillance; and (2) testimony by a government informant. D. TRIAL REQUIREMENTS 1. No later than one week before trial, counsel for the government shall file with the Court a trial memorandum setting forth a factual summary of the government’s case, a statement of the charges and the elements of each charge, an estimate of the length of the government’s case in chief, including anticipated cross-examination, the names of witnesses the government intends to call, and a discussion of relevant legal and evidentiary issues as applied to the facts of the particular case. Government shall attempt to obtain defense counsel’s agreement 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 to the factual summary, statement of the charges, time estimate for cross-examination of the government’s witnesses, and legal and evidentiary issues. trial. 2. 3. Counsel shall arrive at the Courtroom no later than 8:30 a.m. on the first day of Counsel for the government shall provide to the courtroom deputy clerk (CRD) the following (electronically and in paper form): a. The government’s witness list, which shall be sent in Word format to the Chambers email box no later than noon on the Thursday before trial; b. The government’s exhibit list in the form specified in Local Rule 16-5 (Civil), which shall be sent in Word format to the Chambers email box no later than noon on the Thursday before trial; c. All of the government’s exhibits, with official exhibit tags attached and bearing the same number shown on the exhibit list. Exhibit tags may be obtained from the receptionist in the Public Intake Section, located on the 1st Floor of the Edward R. Roybal Federal Building at 255 East Temple Street, Room 180. Exhibits shall be numbered 1, 2, 3, etc., NOT 1.1, 1.2, etc. These items (and the items listed in d and e below) shall be provided on the first day of trial; d. A three-ring binder containing a copy of the indictment/information, a copy of all exhibits that can be reproduced, and a copy of the witness list. Each exhibit shall be tabbed with the exhibit number for easy reference; e. A three-ring binder containing a copy of all exhibits for use by witnesses. 4. Exhibits such as firearms, narcotics, etc., must remain in the custody of a law enforcement agent during the pendency of the trial. It shall be the responsibility of the agent to produce any such items for court, secure them at night and guard them at all times while in the courtroom. The United States Marshals Service shall be advised well in advance if weapons or contraband is to be brought into the courthouse. 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 5. The Court prefers that defense counsel email witness and exhibit lists to the Chambers email box by noon on the Monday before trial and provide defense exhibits to the CRD on the first day of trial, but counsel are not required to do so unless these witness names and exhibits have previously been provided to the government. Defense counsel are responsible for attaching completed exhibit tags with the case name and case number to all exhibits to be used in defendant’s case. Defense counsel should be sure that defense exhibit numbers do not duplicate government exhibit numbers. 6. In trials where the defense expects to admit more than 20 exhibits, defense counsel shall provide two three-ring binders (one for the Court and one for witnesses), tabbed if possible with numbers to correspond to the exhibits counsel expects to introduce. Defense counsel shall provide the Court with a copy of defense exhibits as they are introduced during trial, if they have not previously been provided. 7. Defense counsel shall email to the Chambers email box and provide the CRD and the court reporter with the defense witness list and defense exhibit list at the start of the defense case, if they have not previously done so. 8. At least one week before trial, the parties must provide a case-specific glossary for the court reporter that includes applicable medical, scientific, or technical terms, gang terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/agents/departments/entities involved in the case, names of people interviewed/deposed, names of family members, friends, or others who might be mentioned, and other case-specific terminology. 9. All admitted exhibits other than contraband will be given to the jury during deliberations. Government and defense counsel shall review and approve the exhibit list and exhibits with the CRD before the exhibits are given to the jury. 10. The Court has an Elmo and other equipment available for use during trial. Information concerning training on the use of electronic equipment is available. Details are 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 posted on the Court’s website. To make reservations for training, call 213-894-3061. The Court does not permit exhibits to be “published” by passing them up and down the jury box. Exhibits may be displayed briefly using the screens in the courtroom, unless the process becomes too time-consuming. 11. Counsel shall not attempt to display or use any exhibits, charts, or enlargements of exhibits unless all counsel have agreed to their use or objections have been heard and a ruling has been made. 12. On the day of jury selection, trial will begin at 9:00 a.m. Counsel will appear at 8:30 a.m. Thereafter, trial days are Tuesday through Friday, 8:00 a.m. to 2:00 p.m., with three fifteen-minute breaks during the session, unless the Court indicates otherwise. When necessary, trials may continue beyond the normal schedule. If counsel contemplate that this schedule will be problematic due to the unavailability of witnesses, counsel should provide details to the Court at the Status Conference. 13. On the day of jury selection, the Court reserves the time from 8:30 a.m. to 9:00 a.m. to handle legal and administrative matters. Jury selection will begin promptly at 9:00 a.m. or as soon as jurors are available. Thereafter, legal and administrative matters will be addressed between 7:45 a.m. and 8:00 a.m. All counsel are urged to anticipate matters that may need to be addressed outside of the presence of the jury and to raise them during this period, during breaks, or at the end of the day. The Court does not make jurors wait while counsel discuss matters that should or could have been addressed at other times. Counsel are urged to consider any unusual substantive or evidentiary issues that may arise, and to advise the Court of such issues. Short briefs addressing such disputed issues are welcome. 14. Before trial begins, and as soon as the information becomes available to counsel, counsel should advise the court of any concerns or accommodations that are requested for parties or witnesses. During trial, if there are any matters to be discussed outside the presence of the jury, counsel shall advise the CRD of the request. The Court discourages sidebars during trial, 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 unless the issue cannot be resolved at an upcoming break. E. JURY INSTRUCTIONS, VERDICT FORMS & QUESTIONNAIRES 1. No later than the Tuesday two weeks before trial, counsel shall submit both general and substantive jury instructions in the form described below. The standard introductory instructions need not be included. Only instructions to be given after opening statements should be provided. If possible, all instructions should be taken from the latest edition of the Manual of Model Criminal Jury Instructions for the Ninth Circuit. Where there is no applicable Ninth Circuit model instruction, counsel may consult the instructions manuals from other circuits. When submitting instructions, whether from the Ninth Circuit model instructions or otherwise, counsel should verify that the law on which the instruction is based is the same as current Ninth Circuit law on the subject. Counsel may submit alternatives to the Ninth Circuit model jury instructions and other circuit manuals if counsel has a reasoned argument that those instructions do not properly state the law or are incomplete. 2. The parties shall meet and confer sufficiently in advance of the required submission date for the purpose of agreeing on instructions whenever possible. A single set of instructions shall be filed and submitted (electronically to the Chambers email box and in paper form). The set shall contain all instructions requested by any party on all subjects provided in the order in which they are intended to be read. 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. If the parties disagree on the proper form of instruction on a subject, each party should submit its own proposed version and on a separate page following each alternative instruction, the party shall briefly describe the objection to the opposing party’s version and provide any authority in support of the party’s own proposed version. 3. Jury instructions should be modified as necessary to fit the facts of the case (e.g., 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 inserting names of defendant(s) or witness(es) to whom instruction applies). Where language appears in brackets in the model instruction, counsel shall include the appropriate text and eliminate the inapplicable bracketed text. The instructions should not refer to the specific code section allegedly violated. The instruction to be given if a defendant testifies and the instruction to be given if the defendant does not testify should be on the same page. 4. An index page shall accompany the jury instructions and shall indicate the following: a. The number of the instruction; b. A brief title of the instruction; c. The source of the instruction; and d. The page number of the instruction. EXAMPLE: Number Title Source Page Number 1 Duty of the Jury 9th Cir. 1.01 1 5. Counsel must submit to the Chambers email box a “clean” set of all instructions in Word format, containing only the text of each instruction, set forth in full on each page, with the caption “Instruction No. ____” (eliminating titles, supporting authority, indication of party proposing, etc.). The “clean set” should not have a table of contents. A paper chambers copy must also be submitted. 6. One or more copies of the instructions will be given to the jury during deliberations. 7. Counsel shall submit a proposed verdict form with the jury instructions. The proposed verdict form should not refer to specific counts or to specific code sections. 8. If counsel wish to submit proposed questions to be asked of prospective jurors, they must do so no later than the Monday one week before the jury trial. A Word version of the 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 proposed voir dire must be submitted. Counsel will usually be allowed five minutes of voir dire in addition to the Court’s voir dire. F. INSTRUCTIONS GOVERNING PROCEDURE DURING TRIAL 1. Counsel shall not refer to any witness -- including a client -- more than 14 years of age by his/her first name during trial. 2. 3. Counsel shall not discuss the law or argue the case in opening statements. Counsel shall not use objections for the purpose of making a speech, repeating testimony, or attempting to guide the witness. When objecting, counsel shall stand, state only the legal ground of the objection, e.g., hearsay, irrelevant, etc. Counsel shall not argue an objection before the jury. Requests to approach sidebar to further argue an objection should be made sparingly, and may not be granted. 4. Counsel shall not make facial expressions, nod, or shake their heads, comment, or otherwise exhibit in any way any agreement, disagreement, or other opinion or belief concerning the testimony of a witness. Counsel shall admonish their clients, clients family and friends, witnesses, and observers not to engage in such conduct. 5. Counsel should not talk to jurors at all, and should not talk to co-counsel, opposing counsel, witnesses, clients or their family or friends where the conversation can be overheard by jurors. Each counsel should admonish counsel’s own clients and their family members, investigators, paralegals, witnesses, etc. to avoid such conduct. 6. Counsel shall question witnesses from the lectern. Counsel shall not approach the witness box or enter the well without the Court’s permission, and shall return to the lectern when counsel’s purpose has been accomplished. Counsel should speak clearly when questioning witnesses, making objections, etc. 7. No document shall be placed before a witness or shown to the jury unless a copy 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 has been provided to the Court and opposing counsel. 8. Counsel shall rise when addressing the Court. In jury trials, counsel and the defendant shall rise when the jury enters or leaves the courtroom. Special procedures or exceptions may apply when the defendant is restrained or the defendant or counsel are unable to rise. 9. In trial, all remarks shall be addressed to the Court. Counsel shall not directly address the CRD, the court reporter, or opposing counsel. All requests for re-reading of questions or answers, or to have an exhibit placed in front of a witness, shall be addressed to the Court 10. Counsel should not offer a stipulation without having conferred with opposing counsel and having reached an agreement. Any stipulation of fact will require defendant’s personal concurrence and shall be submitted to the Court in writing for approval. A proposed stipulation should be explained to defendant in advance. 11. While court is in session, counsel shall not leave counsel table to confer with investigators, paralegals, secretaries, witnesses, etc. unless permission is granted in advance. 12. When a party has more than one lawyer, only one lawyer may conduct the examination of a given witness, and only that same lawyer may handle objections during the testimony of that witness. 13. If a witness was on the stand at a recess or adjournment, counsel who called the witness shall ensure the witness is back on the stand and ready to proceed when trial resumes. 14. Counsel are directed to have witnesses available throughout the court day. If no witnesses are available and there is more than a brief delay, the Court may deem counsel to have rested. 15. The Court attempts to cooperate with witnesses where appropriate by permitting them to be called “out of order.” Counsel are urged to anticipate any such possibility and to discuss it with opposing counsel. If there is an objection, counsel shall confer with the Court in 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 advance. 16. Counsel must notify the CRD in advance if any witness should be accommodated based on the Americans with Disabilities Act or for other reasons. 17. Counsel are not to suggest that the jury may ask to have all or a portion of the testimony read back to the jury. 18. Counsel are ordered to be on time, as the Court makes every effort to start promptly. G. SENTENCING 1. Sentencing positions should be filed in accordance with the Court’s order. Requests for continuance are discouraged, as the order provides for sufficient time for counsel to prepare their position papers. That the parties have stipulated to a continuance will not ensure that it will be granted. 2. The Court discourages the use of sentencing videos. If counsel believes a video is necessary, it should not be longer than 10 minutes. Videos will not be considered unless a transcript is provided. 3. Sentencing is a matter of significant public interest and concern. Generally, the public has a right to know the basis on which the Court makes sentencing determinations. Therefore, the Court discourages under seal filings of entire sentencing documents. Sentencing documents may be filed under seal along with a redacted version that deletes only information that is properly filed under seal, and an explanation of the basis for each document or portion deleted, e.g., medical information, private information relating to family members (which explanation may be filed under seal). If all or nearly all of the sentencing position contains such information, counsel may seek leave to file the entire document under seal. 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 IT IS SO ORDERED. Dated: /S/ Dale S. Fischer United States District Judge 13
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA [PLAINTIFF], [CASE NO.] Plaintiff(s), v. [DEFENDANT], Defendant(s). STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. Counsel for plaintiff must immediately serve this order on all parties, including any new parties to the action. If this case was removed from state court, the defendant that removed the case must serve this Order on all other parties. Plaintiffs who have electronically filed a complaint are ordered to provide a paper copy of the conformed complaint to Judge Fischer’s mailbox on the Fourth Floor of the First Street Courthouse. Counsel must advise the Court immediately if the case or any pending matter has been resolved. All counsel who appear in this action must immediately review and comply with the Civility and Professionalism Guidelines that appear on the Court’s website under Attorney Information. Failure to do so may result in sanctions. Version: 6/5/2020 1. Presence of Lead Counsel Lead trial counsel must attend any proceeding set by this Court, including all scheduling, pretrial, and settlement conferences. Only ONE attorney for a party may be designated as lead trial counsel unless otherwise permitted by the Court. Counsel should not claim to be co-lead trial counsel for the purpose of avoiding this requirement. If counsel purport to be co-lead trial counsel, both must attend the pretrial conference. Unless lead trial counsel’s absence is excused by the Court for good cause in advance of the hearing, or is due to an emergency that prevented prior notice, the Court reserves the right to designate the attorney handling such proceeding as lead counsel for all purposes. Failure of lead counsel to appear will be grounds for sanctions. 2. Discovery All discovery matters are referred to the assigned magistrate judge. All discovery documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing. Counsel should not deliver Chambers copies of these documents to Judge Fischer. Proposed protective orders pertaining to discovery must be submitted to the assigned magistrate judge. Proposed protective orders should not purport to allow, without further order of Judge Fischer, the filing under seal of pleadings or documents filed in connection with a dispositive motion (including a class certification motion) or trial before Judge Fischer. The existence of a protective order does not alone justify the filing of pleadings or other documents under seal, in whole or in part. 3. Filing Requirements a. Documents with Declarations, Exhibits, and Other Attachments If a filed or lodged document has declarations, exhibits, or other attachments, each of these must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration, 29-2 Ex. 2 - License Agreement, 29-3 Request for Judicial Notice). b. Proposed Orders Proposed orders should not contain attorney names, addresses, etc. on the caption page, should not contain a footer with the document name or other information, and should not contain a watermark or designation of the firm name, etc. in the margin. Proposed orders must have Judge Fischer’s name spelled correctly and her correct title: United States District Judge. Documents that do not meet this requirement may be stricken. 2 c. Mandatory Paper Chambers Copies Documents will not be considered until paper Chambers copies are submitted, so paper Chambers copies of all documents for which priority processing is requested should be submitted on the same day as the filing. Paper Chambers copies should not require the signature of the recipient. The Court requires paper Chambers copies of only the following: Initial pleadings (notices of removal and related documents, complaints, counterclaims, cross claims, and answers); Joint Rule 26(f) Reports, motion papers, including motions in limine (motions, oppositions, replies, and related documents); ex parte applications for temporary restraining orders; and all pre-trial documents (memoranda of fact and law, witness and exhibit lists, pretrial conference statement, jury instructions, verdict forms, etc.). All exhibits must be separated by a tab divider on the right or bottom of the document. If documentary evidence in support of or in opposition to a motion exceeds 50 pages, the Chambers copy must be in a separately tabbed binder and include a Table of Contents. If such evidence exceeds 200 pages, the Chambers copy of such evidence, including a Table of Contents, must be placed in a Slant D-Ring binder with each item of evidence separated by a tab divider on the right or the bottom. All documents contained in the binder must be three-hole punched with the oversized 13/32" hole size, not the standard 9/32" hole size. Failure to comply with this requirement may result in the Court striking the motion or declining to consider the exhibits. 4. Motions - General Requirements a. Time for Filing and Hearing Motions This Court hears civil motions on Mondays, beginning at 1:30 p.m. If Monday is a court holiday, motions will be heard on the next Monday. If the motion date selected is not available, the Court will issue a minute order continuing the date. Opposition papers due on a Monday holiday may be filed the following Tuesday. In such cases, reply papers may be filed on the next Tuesday. Adherence to the timing requirements is mandatory for Chambers’ preparation of motion matters. The parties may stipulate to a different briefing schedule, so long as the schedule provides at least two weeks between the filing of the reply and the hearing date. If the parties are able to resolve the issue, or if a party intends to withdraw or declines to oppose a motion, the Court must be notified as soon as possible, but no later than seven days before the hearing date. Failure to oppose a motion will likely result in the motion being granted immediately after the opposition would have been due. 3 b. Pre-filing Requirement Counsel must comply with Local Rule 7-3, which 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 to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. The pro per status of one or more parties does not eliminate this requirement. Failure to comply with this Rule will be grounds for sanctions. If fault is attributed to the moving party, the Court may decline to hear the motion. c. Length and Format of Motion Papers Memoranda of points and authorities in support of or in opposition to motions must not exceed 25 pages. Replies must not exceed 12 pages. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations. d. Citations to Authority Citations to case law must identify not only the case cited, but the specific page referenced. When citing to legal databases (which is not encouraged), whenever possible cite to Westlaw rather than Lexis. Statutory references must cite to the United States Code and not solely a section of a particular act. Citations to treatises, manuals, and other materials should include the volume, section, and relevant pages. If these materials are not readily accessible, copies should be attached. This is especially important for historical materials, e.g., older legislative history. Citations that support a statement in the main text must be included in the main text, not in footnotes. String cites are discouraged and generally are not helpful. 5. Specific Motion Requirements a. Motions Pursuant to Rule 12 Motions to dismiss are strongly discouraged. Many motions to dismiss or to strike can be avoided if the parties confer in good faith (as required by Local Rule 7-3), especially for perceived defects in a complaint, answer, or counterclaim that 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). If the Court grants a motion to dismiss with leave to amend, the plaintiff must file an amended complaint within the time period specified by the Court. A “redlined” version of the amended complaint must be delivered to Chambers and Chambers email indicating all additions and deletions to the prior version of the complaint. Failure to file an amended complaint within the time allotted will result in dismissal of the action or the relevant claim(s) with prejudice. 4 b. Motions to Amend Pleadings The motion must state the effect of the amendment, and must state the page, line numbers, and wording of any proposed change or addition of material. A “redlined” version of the proposed amended pleading must be delivered to Chambers (in paper form) and to Chambers email indicating all additions and deletions to the prior version of the pleading. In addition to the requirements of the Local Rules, all amended pleadings must be serially numbered to differentiate the amendment from previous amendments. c. Motions for Summary Judgment Please refer to Judge Fischer’s Standing Order re Motions for Summary Judgment at www.cacd.uscourts.gov. 6. Telephonic Hearings The Court is unlikely to agree to a telephonic appearance in the absence of extraordinary circumstances preventing counsel from appearing in person. 7. Ex Parte Applications (Including Applications for Temporary Restraining Orders) In addition to the requirements of Local Rule 7-19, the moving party must notify the opposition that opposing papers are to be filed no later than 48 hours (or two court days) following service. The Court generally will not rule on any application for such relief for at least 48 hours (or two court days) after the party subject to the requested order has been served, unless service is excused. Opposing counsel should advise the courtroom deputy clerk as soon as possible whether the opposing party intends to oppose the ex parte application. The Court considers ex parte applications on the papers and usually does not set these matters for hearing. The application will not be considered until a mandatory chambers copy has been provided. Sanctions may be imposed for misuse of ex parte applications. 8. Applications or Stipulations for Extension of Time No stipulation extending the time to file any required document or to continue any date is effective until and unless the Court approves it, or unless the Federal Rules of Civil Procedure provide for an automatic extension. Both applications and stipulations must set forth: 1. The existing due date or hearing date, the discovery cut-off date, the last day for hearing motions, the pretrial conference date, and the trial date; 2. Specific reasons (contained in a detailed declaration) supporting good cause for granting the extension or continuance. (A statement that an extension “will promote settlement” is insufficient. The requesting party or parties must indicate the status of ongoing settlement negotiations. The possibility of settlement ordinarily will not be grounds for continuance.); 5 3. Whether there have been prior requests for extensions, and whether these requests were granted or denied by the Court; and 4. A description of the diligence of the party seeking the continuance and any prejudice that may result if the continuance is denied. The request must be made before the date to be continued. The Court grants continuances only on a showing of good cause. Failure to comply with the Local Rules and this Order will result in rejection of the request without further notice to the parties. 9. Cases Removed from State Court If a motion was pending in state court before the case was removed, it must be re- noticed in accordance with Local Rule 7. If a removed action contains a “form pleading” i.e. a pleading in which boxes are checked, the party or parties that filed the form pleading must file an appropriate pleading with this Court within 30 days of the filing of the notice of removal. 10. Class Actions If this action is a putative class action, the parties are to act diligently and begin discovery immediately, so that the motion for class certification can be filed expeditiously. The motion must be filed no later than 120 days from the date initially set for the scheduling conference, without regard to any continuances, unless the Court orders otherwise. 11. Status of Fictitiously Named Defendants This Court adheres to the following procedures when a complaint with fictitiously named defendants is removed to this Court on diversity grounds. See 28 U.S.C. §§ 1441(a) and 1447. 1. Plaintiff must ascertain the identity of and serve any fictitiously named defendants before the date of the Rule 16(b) scheduling conference. The Court generally will dismiss Doe defendants on the date of the scheduling conference, as they prevent the Court from accurately tracking its cases. 2. If plaintiff believes (by reason of the necessity for discovery or otherwise) that all fictitiously named defendants cannot be identified within that period, a request to extend the time must be made in the Joint Rule 26 Report. Counsel should be prepared to state the reasons why fictitiously named defendants have not been identified and served. 3. If a plaintiff wants to substitute a defendant for one of the fictitiously named defendants, plaintiff must first seek the consent of counsel for all defendants (and counsel for the fictitiously named party, if that party has separate counsel). If consent is withheld or denied, plaintiff should file a motion on regular notice. The motion and opposition should address whether the matter 6 should thereafter be remanded to the superior court if diversity is destroyed by the addition of the newly substituted party. See 28 U.S.C. § 1447(c) and (e). 12. ERISA Cases Concerning Benefit Claims The Court will hear motions to determine the standard of review, whether discovery will be permitted, and the scope of the administrative record. There will be a court trial (usually confined to oral argument) on the administrative record. Counsel are discouraged from filing motions for summary judgment or partial summary judgment on any other issue. If they choose to do so, they must distinguish Kearney v. Standard Insurance Co., 175 F.3d 1084, 1095 (9th Cir. 1999) in the moving papers and explain why summary judgment is not precluded. 13. Bankruptcy Appeals Counsel must comply with the Notice Regarding Appeal from Bankruptcy Court issued at the time the appeal is filed in the district court. The matter is deemed under submission on the filing of the appellant’s reply brief. The Court considers bankruptcy appeals on the papers and usually does not set these matters for hearing. 14. Communications with Chambers Counsel must not attempt to contact the Court or its Chambers staff by telephone or by any other ex parte means unless contact has been first initiated by Chambers staff. Counsel may contact the courtroom deputy clerk with appropriate inquiries. The preferred method of communication with the courtroom deputy clerk is email. To facilitate communication with the courtroom deputy clerk, counsel should list their email addresses along with their telephone numbers on all papers. 15. Parties Appearing in Propria Persona Pro per litigants are required to comply with all local rules, including Local Rule 16. In this Order, the term “counsel” includes parties appearing in propria persona. Only individuals may represent themselves. 16. “Notice of Unavailability” While the Court expects that counsel will conduct themselves appropriately and will not deliberately schedule Court or other proceedings when opposing counsel are unavailable, a “Notice of Unavailability” has no force or effect in this Court and should not be filed. The filing of such a document may result in sanctions. 17. 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 among all magistrate judges available for this purpose, not just the magistrate judge assigned to this case. Please consult the court’s website for the list of available magistrate judges. 7 CAVEAT: If counsel fail to file the required Joint Rule 26(f) Report, or the required pretrial documents, or if counsel fail to appear at the scheduling conference, the pretrial conference, or any other proceeding scheduled by the Court, and such failure is not satisfactorily explained to the Court: (1) the cause will be dismissed for failure to prosecute, if the failure occurs on the part of the plaintiff, (2) the answer will be stricken and default (and thereafter default judgment) will be entered if such failure occurs on the part of the defendant, or (3) the Court may take such other action as it deems appropriate. IT IS SO ORDERED. Date: ___________________________ Dale S. Fischer United States District Judge 8
, v. , 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 revised 6-5-20 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Plaintiff(s), Defendant(s). CASE NO. ORDER RE COURT TRIAL I. DEADLINES: A. Motion to Amend Pleadings or Add Parties: B. Discovery Cut Off: C. Expert Witness Exchange Deadline Initial: Rebuttal: Cut-off: D. Motion Hearing Cut-off: E. ADR Cut-off: F. Trial Documents (Set One): G. Trial Documents (Set Two): H. Pretrial Conference: @ 3:00 p.m. I. Trial Date: @ 8:30 a.m. II. TRIAL PREPARATION III. CONDUCT OF ATTORNEYS AND PARTIES 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 I DEADLINES A. PARTIES/PLEADINGS The Court has established a cut-off date for adding parties or amending pleadings. All motions to add parties or to amend the pleadings must be noticed to be heard on or before the cut-off date. All unserved parties will be dismissed at the time of the pretrial conference pursuant to Local Rule 16-8.1. B. DISCOVERY AND DISCOVERY CUT-OFF 1. Discovery Cut-off: The Court has established a cut-off date for discovery, including expert discovery, if applicable. This is not the date by which discovery requests must be served; it is the date by which all discovery, including all hearings on any related motions, is to be completed. 2. Discovery Disputes: Counsel are expected to comply with all Local Rules and the Federal Rules of Civil Procedure concerning discovery. Whenever possible, the Court expects counsel to resolve discovery problems among themselves in a courteous, reasonable, and professional manner. The Court expects that counsel will adhere strictly to the Civility and Professionalism Guidelines, which can be found on the Court’s website under “Attorney Information>Attorney Admissions.” 3. Discovery Motions: Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date, if the motion is granted. 4. Depositions: All depositions must commence sufficiently in advance of the discovery cut-off date to permit their completion and to permit the deposing party enough time to bring any discovery motions concerning the deposition before the cut-off date. The parties should review carefully any motion requirements of the assigned magistrate judge to ensure that motions are made revised 6-5-20 - 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 timely. 5. Written Discovery: All interrogatories, requests for production of documents, and requests for admissions must be served sufficiently in advance of the discovery cut-off date to permit the discovering party enough time to challenge (via motion practice) responses deemed to be deficient. 6. Expert Discovery: All disclosures must be made in writing. The parties should begin expert discovery shortly after the initial designation of experts. The pretrial conference and trial dates will not be continued merely because expert discovery is not completed. Failure to comply with these or any other orders concerning expert discovery may result in the expert being excluded as a witness. C. MOTIONS The Court has established a cut-off date for the hearing of motions. All motions must be noticed so that the hearing takes place on or before the motion cut-off date. Counsel must provide Chambers with conformed paper Chambers copies of all documents. Chambers copies should not be put in envelopes. Counsel should consult the Court’s Standing Order, previously provided, to determine the Court’s requirements concerning motions. A copy of the Standing Order is also available on the Court’s website at www.cacd.uscourts.gov>Judges’ Procedures and Schedules>Hon. Dale S. Fischer. D. PRETRIAL CONFERENCE 1. A pretrial conference date has been set pursuant to Rule 16 of the Federal Rules of Civil Procedure and Local Rule 16-8. Each party appearing in this action must be represented at the pretrial conference by the attorney who is to have charge of the conduct of the trial on behalf of such party, unless that attorney is excused for good cause. Counsel should not claim to be co-lead trial counsel for the purpose of avoiding this requirement. If counsel purport to be co-lead trial counsel, both must attend the pretrial conference. Counsel should be prepared to discuss streamlining the trial, including presentation of testimony by deposition revised 6-5-20 - 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 excerpts or summaries, time limits, stipulations as to undisputed facts, and qualification of experts by admitted resumés. The Court encourages, but generally does not require, counsel to agree to submit direct testimony of witnesses by way of declaration or written statement confirmed under oath by the witness. See Local Rule 16-11.2(b). If the trial estimate is more than three days, direct testimony of party witnesses is required. 2. STRICT COMPLIANCE WITH LOCAL RULE 16 IS REQUIRED. THIS ORDER SETS FORTH SOME DIFFERENT AND SOME ADDITIONAL REQUIREMENTS. THIS COURT DOES NOT EXEMPT PRO PER PARTIES FROM THE REQUIREMENTS OF RULE 16. Carefully prepared memoranda of contentions of fact and law, witness lists, a joint exhibit list, and a proposed pretrial conference order must be submitted in accordance with the Rules and this Order, and the format of the proposed pretrial conference order must conform to the format set forth in Appendix A to the Local Rules. Failure of documents to comply with these requirements may result in the pretrial conference being taken off-calendar or continued, or in other sanctions. 3. The memoranda of contentions of fact and law, witness lists, and the joint exhibit list must be filed not later than the dates set by the Court. 4. In addition to the requirements of Local Rule 16, the witness lists must include a brief (one or two paragraph) description of the testimony, and a time estimate for both direct and cross-examination (separately stated). If two or more witnesses will testify on the same topics, counsel must explain why more than one witness is necessary. A separate version of the witness list containing only the names of the witnesses and a separate column to insert the dates on which the witness testified, and the joint exhibit list, must be submitted to the Chambers email box in Word format. Mandatory paper chambers copies must also be submitted. 5. Other documents to be filed in preparation for and issues to be addressed revised 6-5-20 - 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 at the pretrial conference are discussed below. E. ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES/NOTICE OF SETTLEMENT 1. Counsel must complete an ADR proceeding no later than the date set by the Court. 2. No case will proceed to trial unless all parties, including an officer of all corporate parties (with full authority to settle the case), have appeared personally at an ADR proceeding. 3. If settlement is reached, it must be reported immediately to the courtroom deputy clerk (CRD) as required by Local Rule 16-15.7 regardless of the day or time settlement is reached. In addition, counsel must immediately send a notification of settlement to the Chambers email box. II ADDITIONAL TRIAL PREPARATION A. MOTIONS IN LIMINE All motions in limine must be filed by the date established by the Court. Motions in limine are less helpful in court trials and should not be filed unless resolution of the motion will significantly expedite the trial. Counsel are to meet and confer with opposing counsel to determine whether opposing counsel intends to introduce the disputed evidence, and to attempt to reach an agreement that would obviate the motion. Opposition must be filed by the date established by the Court. The Court generally will rule on motions in limine at the pretrial conference. Motions in limine should address specific issues (i.e., not “to exclude all hearsay,” etc.). Motions in limine should not be disguised motions for summary adjudication of issues. B. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. Unless the Court orders otherwise, for any matter requiring findings of revised 6-5-20 - 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 fact and conclusions of law, counsel for each party must, no later than the date established by the Court, file with the Court and serve on opposing counsel that party’s proposed findings of fact and conclusions of law in the format specified in Local Rule 52-3. 2. The parties may submit supplemental proposed findings of fact and conclusions of law during the course of the trial. C. GLOSSARY, TRIAL EXHIBITS, WITNESS LISTS, ETC. 1. At least ten days before trial, counsel are to meet and to stipulate, so far as is possible, to foundation, to waiver of the best evidence rule, and to those exhibits that may be received into evidence at the start of the trial. 2. At least one week before trial, counsel must send to the Chambers email box in Word format: a. A case-specific glossary for the court reporter that includes applicable medical, scientific, or technical terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/entities involved in the case, names of people interviewed/deposed, names of family members, friends, or others who might be mentioned, and other case-specific terminology; b. The party’s witness list, with a column to add the date on which the witness testified; c. The joint exhibit list in the form specified in Local Rule 16-6. An annotated exhibit list identifying the exhibits to be received into evidence at the start of the trial must also be provided. 3. On the first morning of trial, counsel must submit to the CRD: a. All exhibits placed in three-ring binders with divider tabs containing the exhibit numbers. Exhibits must be numbered 1, 2, 3, etc., NOT 1.1, 1.2, etc. and in accordance with Local Rule 16-6. The defense exhibit numbers must not duplicate plaintiff’s numbers. If a “blow-up” is an enlargement of an revised 6-5-20 - 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 existing exhibit, it must be designated with the number of the original exhibit followed by an “A.” The face and spine of the binders must be marked with the case name and number, the volume number, and the number range of the exhibits in the binder. Each binder must contain an index of the exhibits included in the volume. All of the exhibits must have official exhibit tags attached that bear the same number shown on the exhibit list. Exhibit tags may be obtained from the Clerk’s Office. Digital exhibit tags are also available on the Court’s website under Court Forms > General forms > Form G-14A (plaintiff) and G-14B (defendant); tags. b. A bench copy prepared in the same manner, but without exhibit D. TRIAL 1. Trial days are Tuesday through Friday from 8:00 a.m. to 2:00 p.m. with three fifteen-minute breaks. If the Court is engaged in a jury trial, this court trial may be conducted during the afternoons if the parties prefer that approach to a continuance. 2. All orders for transcripts must be ordered through the court reporter, Pat Cuneo, who can be contacted through www.patcuneo.com. III. CONDUCT OF ATTORNEYS AND PARTIES A. OPENING STATEMENTS, EXAMINING WITNESSES, AND SUMMATION 1. Counsel must use the lectern for opening statements, examination of witnesses, and summation. 2. Counsel must not consume time by writing out words, drawing charts or diagrams, etc. Counsel may do so in advance. 3. The Court will establish reasonable time estimates for opening statements and closing arguments, examination of witnesses, etc. revised 6-5-20 - 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. OBJECTIONS TO QUESTIONS 1. Counsel must not use objections for the purpose of making a speech, recapitulating testimony, or attempting to guide the witness. 2. When objecting, counsel must rise to state the objection and state only that counsel objects and the legal ground of objection. If counsel wishes to argue an objection further, counsel must ask for permission to do so. C. GENERAL DECORUM 1. Counsel should not approach the CRD or the witness box without specific permission. If permission is given, counsel should return to the lectern when their purpose has been accomplished. Counsel should not question a witness at the witness stand. 2. Counsel should rise when addressing the Court, and when the Court enters or leaves the courtroom. 3. Counsel should address all remarks to the Court. Counsel are not to address the CRD, the court reporter, persons in the audience, or opposing counsel. If counsel wish to speak with opposing counsel, counsel must ask permission to do so. Any request for the re-reading of questions or answers must be addressed to the Court. Such requests should be limited and are not likely to be granted. 4. Counsel should not address or refer to witnesses or parties by first name alone. Young witnesses (under 14) may, however, be addressed and referred to by first name. 5. Counsel must not offer a stipulation unless counsel has conferred with opposing counsel and has verified that the stipulation will be acceptable. 6. While Court is in session, counsel must not leave counsel table to confer with any personnel or witnesses in the back of the courtroom unless permission has been granted in advance. 7. Counsel should not by facial expression, nodding, or other conduct exhibit any opinion, adverse or favorable, concerning any testimony being given revised 6-5-20 - 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 by a witness. Counsel should admonish counsel’s own clients and witnesses to avoid such conduct. 8. Where a party has more than one lawyer, only one may conduct the direct or cross-examination of a particular witness, or make objections as to that witness. D. PROMPTNESS OF COUNSEL AND WITNESSES 1. The Court makes every effort to begin proceedings at the time set. Promptness is expected from counsel and witnesses. Once counsel are engaged in trial, the trial is counsel’s first priority. The Court will not delay the trial except under extraordinary circumstances. The Court will advise other courts that counsel are engaged in trial in this Court on request. 2. If a witness was on the stand at a recess or adjournment, counsel must have the witness back on the stand, ready to proceed, when the court session resumes. 3. Counsel must notify the CRD in advance if any witness should be accommodated based on a disability or for other reasons. 4. No presenting party may be without witnesses. If counsel has no more witnesses to call and there is more than a brief delay, the Court may deem that party to have rested. 5. The Court attempts to cooperate with professional witnesses and will, except in extraordinary circumstances, accommodate them by permitting them to be called out of sequence. Counsel must anticipate any such possibility and discuss it with opposing counsel. If there is an objection, counsel must confer with the Court in advance. E. EXHIBITS 1. Each counsel should keep counsel’s own list of exhibits and should note when each has been admitted into evidence. 2. Each counsel is responsible for any exhibits that counsel secures from revised 6-5-20 - 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 the CRD and must return them before leaving the courtroom at the end of the session. 3. An exhibit not previously marked should, at the time of its first mention, be accompanied by a request that the CRD mark it for identification. To save time, counsel must show a new exhibit to opposing counsel before it is mentioned in Court. 4. Counsel are to advise the CRD of any agreements they have with respect to the proposed exhibits and as to those exhibits that may be received so that no further motion to admit need be made. 5. When referring to an exhibit, counsel should refer to its exhibit number whenever possible. Witnesses should be asked to do the same. 6. Counsel must not ask witnesses to draw charts or diagrams nor ask the Court’s permission for a witness to do so. If counsel wishes to question a witness in connection with graphic aids, the material must be fully prepared before the court session starts. F. DEPOSITIONS 1. All depositions to be used at trial, either as evidence or potentially for impeachment, must be with the CRD on the first day of trial or such earlier date as the Court may order. Counsel should verify with the CRD that the relevant deposition is in the CRD’s possession. 2. In using depositions of an adverse party for impeachment, either one of the following procedures may be adopted: a. If counsel wishes to read the questions and answers as alleged impeachment and ask the witness no further questions on that subject, counsel must first state the page and line where the reading begins and the page and line where the reading ends, and allow time for any objection. Counsel may then read the portions of the deposition into the record. b. If counsel wishes to ask the witness further questions on the revised 6-5-20 - 10 - subject matter, the deposition is placed in front of the witness and the witness is told to read silently the pages and lines involved. Then counsel may either ask the witness further questions on the matter and thereafter read the quotations, or read the quotations and thereafter ask further questions. Counsel should have an extra copy of the deposition for this purpose. 3. Where a witness is absent and the witness’s testimony is offered by deposition, counsel may (a) have a reader occupy the witness chair and read the testimony of the witness while the examining lawyer asks the questions, or (b) have counsel read both the questions and answers. G. USING NUMEROUS ANSWERS TO INTERROGATORIES AND REQUESTS FOR ADMISSIONS Whenever counsel expects to offer a group of answers to interrogatories or requests for admissions extracted from one or more lengthy documents, counsel should prepare a new document listing each question and answer, and identifying the document from which it has been extracted. Copies of this new document should be given to the Court and opposing counsel. H. ADVANCE NOTICE OF DIFFICULT OR UNUSUAL ISSUES If any counsel has reason to anticipate that a difficult or unusual question of law or evidence will necessitate legal argument requiring research or briefing, counsel must give the Court advance notice. Counsel are directed to notify the CRD at the day’s adjournment if an unexpected legal issue arises. N.B. “COUNSEL,” AS USED IN THIS ORDER, INCLUDES PARTIES APPEARING IN PROPRIA PERSONA. IT IS SO ORDERED. DATED: ____________ ___________ Dale S. Fischer 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 revised 6-5-20 - 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 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Plaintiff(s), vs. Defendant(s). CASE NO. EXHIBIT LIST SAMPLE FORMAT EX. No. DESCRIPTION IDENTIFIED ADMITTED revised 6-5-20 - 12 - CASE: TRIAL DATE: JOINT TRIAL WITNESS ESTIMATE FORM WITNESS NAME PARTY CALLING X-EXAMINER'S DESCRIPTION OF TESTIMONY COMMENTS WITNESS AND ESTIMATE ESTIMATE 1 2 3 4 5 6 7 8 9 10 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. revised 6-5-20 - 13 -
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 , v. Plaintiff, Defendant. ) ______________________________ ) , Case No. DSF ORDER RE FORMAT OF TIME AND EXPENSE RECORDS In addition to any other requirements imposed by statute, case law, and rules of professional conduct, counsel who will be seeking an award of fees from this Court must maintain their records in a manner calculated to permit the Court to evaluate the lodestar amount and the reasonable expenses and costs efficiently and effectively, and must comply with the following: 1. All services rendered must be listed chronologically in a single document (presumably prepared monthly, but no less often than quarterly) so that the Court can readily determine what services were rendered by all timekeepers on each day. Counsel are not to submit separate billings by timekeeper or by firm. 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. The records shall state, for each entry: the name or initials of the timekeeper, the hourly rate sought for the timekeeper, a description of the services performed, the amount of time billed, and the dollar amount charged for that entry (i.e., the time spent multiplied by the hourly rate). These dollar amounts may not be “rounded up.” While the Court will not mandate use of the litigation codes from the Uniform Task-Based Management System (UTBMS) if counsel do not already use that system, the Court will require that counsel provide, at the time a fee request is made, a summary of the total fees attributable to categories such as those described in the UTBMS. 3. The services rendered must be described in sufficient detail for the Court to determine the nature and reasonableness of the services. Generic or general activity descriptions are inappropriate. Entries such as “research and preparation of motion to dismiss,” “conference with client,” and other non-specific descriptions will generally not be considered adequate, especially if the amount of time billed is significant. (Time records ultimately filed publicly with a motion for fees may be redacted to preserve the attorney-client privilege or work product. The Court will require an in camera unredacted submission.) All abbreviations or codes must be explained. 4. Time records must be maintained on a contemporaneous basis, and a declaration from counsel to that effect will be required. Timekeepers should not attempt to reconstruct their time days after the services were rendered. 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 5. The minimum time increment will not be greater than one-tenth of an hour. See Welch v. Metropolitan Life Ins. Co., 480 F.3d 942, 949 (9th Cir. 2007). 6. “Block-billing,” i.e, a line item with a single time charge for multiple activities is inappropriate. See id. at 948. 7. Time charged for intra or inter-office conferences, correspondence, e-mails, etc. should be kept to a minimum. 8. If more than one timekeeper charges for attending hearings, depositions, etc., the Court will ultimately require an explanation of why the second appearance was appropriate. (If counsel believe non- chargeable attendance by others is desirable in order for young lawyers or para-professionals to gain training or experience, and such time is normally recorded by the firm, the billing records should indicate that the time is not being charged.) 9. If counsel raises hourly rates during the course of the representation, the fee request shall be based on historic hourly rates. Alternatively, counsel must provide a calculation of the amount requested based on hourly rates at the time the fee request is made and based on a reasonable interest rate to account for the delay in payment. 10. Expenses and costs must be listed by reasonably narrow and specific category, preferably the applicable categories described in 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 UTBMS. Only expenses and costs normally billed to a client and otherwise permitted by statute or case law will be awarded. Only actual costs, without markup, will be permitted. Counsel should not seek reimbursement for items generally regarded as overhead. If a law firm maintains a flat-rate contract with an electronic legal database (e.g., Westlaw or Lexis), reimbursement is ordinarily inappropriate, unless the database was reasonably utilized for activity outside of the firm’s flat-rate contract. 11. Reimbursement should not be sought for first class airfare, or meals and accommodations in amounts higher than a reasonable client would permit. Counsel shall exercise good judgment in selecting reasonably-priced transportation, accommodations, and meals. If there is a contested motion for attorneys’ fees in the future, the Court will issue a further order establishing the required format for such motion. IT IS SO ORDERED. Dated: _________________ ____________________________ Dale S. Fischer United States District Judge 8/10 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 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NO. ORDER RE JURY TRIAL I. DEADLINES A. Motion to Amend Pleadings or Add Parties Cut-off: B. Discovery Cut-off: C. Expert Witness Exchange Deadline Initial: Rebuttal: Cut-off: D. Motion Hearing Cut-off: E. ADR Cut-off: F. Trial Documents (Set One): G. Trial Documents (Set Two): H. Pretrial Conference: @ 3:00 p.m. I. Trial Date: @ 8:30 a.m. II. TRIAL PREPARATION III. CONDUCT OF ATTORNEYS AND PARTIES v. Plaintiff(s), Defendant(s). revised 11-5-20 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 I DEADLINES A. PARTIES/PLEADINGS The Court has established a cut-off date for adding parties or amending pleadings. All motions to add parties or to amend the pleadings must be noticed to be heard on or before the cut-off date. All unserved parties will be dismissed at the time of the pretrial conference pursuant to Local Rule 16-8.1. B. DISCOVERY AND DISCOVERY CUT-OFF 1. Discovery Cut-off: The Court has established a cut-off date for discovery and expert discovery if applicable. This is not the date by which discovery requests must be served; it is the date by which all discovery, including all hearings on any related motions, is to be completed. The parties should review carefully any motion requirements of the assigned magistrate judge to ensure that motions are made timely. 2. Discovery Disputes: Counsel are expected to comply with all Local Rules and the Federal Rules of Civil Procedure concerning discovery. Whenever possible, the Court expects counsel to resolve discovery problems among themselves in a courteous, reasonable, and professional manner. The Court expects that counsel will adhere strictly to the Civility and Professionalism Guidelines, which can be found on the Court’s website under “Attorney Information>Attorney Admissions.” 3. Discovery Motions: Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted. 4. Depositions: All depositions must commence sufficiently in advance of the discovery cut-off date to permit their completion and to permit the deposing party enough time to bring any discovery motions concerning the deposition revised 11-5-20 - 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 before the cut-off date. 5. Written Discovery: All interrogatories, requests for production of documents, and requests for admissions must be served sufficiently in advance of the discovery cut-off date to permit the discovering party enough time to challenge (via motion practice) responses deemed to be deficient. 6. Expert Discovery: All disclosures must be made in writing. The parties should begin expert discovery shortly after the initial designation of experts. The pretrial conference and trial dates will not be continued merely because expert discovery is not completed. Failure to comply with these or any other orders concerning expert discovery may result in the expert being excluded as a witness. C. MOTIONS The Court has established a cut-off date for the hearing of motions. All motions must be noticed so that the hearing takes place on or before the motion cut-off date. Counsel must provide Chambers with conformed paper chambers copies of all documents. Chambers copies should not be put in envelopes. Counsel should consult the Court’s Standing Order, previously provided, to determine the Court’s requirements concerning motions. A copy of the Standing Order is also available on the Court’s website at www.cacd.uscourts.gov>Judges’ Procedures and Schedules>Hon. Dale S. Fischer. D. PRETRIAL CONFERENCE 1. A pretrial conference date has been set pursuant to Rule 16 of the Federal Rules of Civil Procedure and Local Rule 16-8. Each party appearing in this action must be represented at the pretrial conference by the attorney who is to have charge of the conduct of the trial on behalf of such party, unless excused for good cause. Counsel should not claim to be co-lead trial counsel for the purpose of avoiding this requirement. If counsel purport to be co-lead trial counsel, both must attend the pretrial conference. Counsel should be prepared to discuss streamlining the trial, including presentation of testimony by deposition excerpts revised 11-5-20 - 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 or summaries, time limits, stipulations to admission of exhibits and undisputed facts. 2. STRICT COMPLIANCE WITH LOCAL RULE 16 IS REQUIRED. THIS ORDER SETS FORTH SOME DIFFERENT AND SOME ADDITIONAL REQUIREMENTS. THIS COURT DOES NOT EXEMPT PRO PER PARTIES FROM THE REQUIREMENTS OF RULE 16. Carefully prepared memoranda of contentions of fact and law, witness lists, a joint exhibit list, and a proposed pretrial conference order must be submitted in accordance with the Rules and this Order, and the format of the proposed pretrial conference order must conform to the format set forth in Appendix A to the Local Rules. Failure of documents to comply with these requirements may result in the pretrial conference being taken off-calendar or continued, or in other sanctions. 3. The memoranda of contentions of fact and law, witness lists, and the joint exhibit list must be filed not later than the dates set by the Court. 4. In addition to the requirements of Local Rule 16, the witness lists must include a brief (one or two paragraph) description of the testimony, and a time estimate for both direct and cross-examination (separately stated). If two or more witnesses will testify on the same topics, counsel must explain why more than one witness is necessary. A separate version of the witness list containing only the names of the witnesses and a separate column to insert the dates on which the witness testified, and the joint exhibit list, must be submitted to the Chambers email box in Word format. Mandatory paper chambers copies must also be submitted. 5. Other documents to be filed in preparation for, and issues to be addressed at, the pretrial conference are discussed below. E. ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES/NOTICE OF SETTLEMENT 1. Counsel must complete an ADR proceeding no later than the date set by revised 11-5-20 - 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 the Court. 2. No case will proceed to trial unless all parties, including an officer of all corporate parties (with full authority to settle the case), have appeared personally at an ADR proceeding. 3. If settlement is reached, it must be reported immediately to the courtroom deputy clerk (CRD) as required by Local Rule 16-15.7 regardless of the day or time settlement is reached. In addition, counsel must immediately send a notification of the settlement to the Chambers email box. 4. In all cases set for jury trial, the parties must notify the Court no later than the Wednesday preceding the Tuesday trial date of any settlement so that the necessary arrangements can be made to schedule a different case for trial or notify the members of the public who would otherwise be reporting for jury duty that their services are not needed on that date. 5. Failure to comply with these notification requirements will cause counsel/parties to be charged for the costs related to processing jurors and may result in the imposition of sanctions on counsel for one or more parties, their clients, or both. II ADDITIONAL TRIAL PREPARATION A. MOTIONS IN LIMINE All motions in limine must be filed by the date established by the Court. Each side is limited to five motions in limine unless the Court orders otherwise for good cause shown. Counsel are to meet and confer to determine whether opposing counsel intends to introduce the disputed evidence, etc. and to attempt to reach an agreement that would obviate the motion. Opposition must be filed by the date established by the Court. The Court generally will rule on motions in limine at the pretrial conference. Motions in limine should address specific issues (i.e., not “to exclude all hearsay,” etc.). Motions in limine should not be disguised revised 11-5-20 - 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 motions for summary adjudication of issues. B. JURY INSTRUCTIONS, SPECIAL VERDICT FORMS, VOIR DIRE, JURY SELECTION 1. At least fourteen days before the meeting of counsel required by Local Rule 16-2 (which must occur at least 40 days before the date set for the pretrial conference), plaintiff(s) counsel must serve on defense counsel proposed jury instructions and proposed verdict/special verdict forms. Within 7 days, defense counsel must serve objections, if any, to those instructions and verdict forms, as well as any proposed alternative or additional instructions and verdict forms. Before or at the Rule 16-2 meeting, counsel must attempt to come to agreement on the proposed jury instructions and verdict forms. 2. When the Manual of Model Jury Instructions for the Ninth Circuit provides an applicable jury instruction, the parties should submit the most recent version, modified and supplemented to fit the circumstances of this case. Where language appears in brackets, the appropriate language should be selected. All blanks should be completed. Where California law applies, counsel should use the current edition of California Jury Instructions -- Civil (BAJI or CACI). If neither is applicable, counsel should consult the instructions manuals from other circuits or states, as applicable. When submitting other than Ninth Circuit or California instructions, counsel should be sure that the law on which the instruction is based is the same as Ninth Circuit law (or California or other state law, if applicable) on the subject. Counsel may submit alternatives to the Ninth Circuit model jury instructions, or BAJI or CACI, only if counsel has a reasoned argument that those instructions do not properly state the law or they are incomplete. 3. The Court has its own introductory instructions (instructions read before opening statements). Counsel should provide only instructions to be read after the evidence has been submitted or that may be appropriate during trial. revised 11-5-20 - 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 4. Each requested instruction must (a) cite the authority or source of the instruction, (b) be set forth in full, (c) be on a separate page, (d) be numbered, (e) cover only one subject or principle of law, and (f) not repeat principles of law contained in any other requested instruction. 5. By the date set by the Court, counsel must file with the Court and submit (electronically to the Chambers email box and in paper form) a JOINT set of jury instructions on which there is agreement. The Court expects counsel to agree on the substantial majority of jury instructions, particularly when pattern or model instructions provide a statement of applicable law. If one party fails to comply with the provisions of this section, the other party must file a unilateral set of jury instructions, unless that party wishes to waive jury trial. 6. At the same time, each party must file with the Court and submit (electronically to the Chambers email box and in paper form) its proposed jury instructions that are objected to by any other party. Each disputed instruction must have attached a short (one or two paragraph) statement, including points and authorities in support of the instruction as well as a brief statement, including points and authorities, in support of any objections. A proposed alternative instruction must be provided, if applicable. If the Court believes there are so many disputed instructions that the trial would be unnecessarily interrupted in order for the Court to resolve disputes, the Court will determine that the matter is not yet ready to be tried, and will order counsel to continue to meet and confer until most of the disputes are resolved. 7. Counsel must provide the documents described in paragraphs 5 and 6 to the Chambers email box in Word format at the time they file their proposed jury instructions. 8. The Court will send one or more copies of the instructions into the jury room for the jury’s use during deliberations. Therefore, in addition to the copies described above, the Chambers email version must contain a “clean” set of jury revised 11-5-20 - 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 instructions, containing only the text of the instruction (one per page) with the caption “Instruction No. [leave blank] at the top (eliminating table of contents, titles, supporting authority, etc.). This document must have page numbers. 9. Counsel must provide an index of all instructions submitted, which must include the following: a. The number of the instruction; b. The title of the instruction; c. the source of the instruction and any relevant case citations; d. The page number of the instruction. For example: Number Title Source Duty of the Jury 9th Cir. 1.4 1 10. FAILURE TO FOLLOW THE PRECEDING PROVISIONS OF THIS SECTION WILL SUBJECT THE NON-COMPLYING PARTY AND ATTORNEY TO SANCTIONS AND WILL BE DEEMED TO CONSTITUTE A WAIVER OF JURY TRIAL. 11. During the trial and before argument, the Court will meet with counsel and settle the instructions, and counsel will have an opportunity to make a further record concerning their objections. 12. At the time of lodging the proposed pretrial conference order, counsel should file a jointly prepared one or two page statement of the case to be read by the Court to the prospective panel of jurors before commencement of voir dire. 13. The Court will conduct the voir dire. The Court provides a list of basic questions, and may provide a list of additional questions to jurors before voir dire. (This is not a questionnaire to be completed by jurors.) Counsel may, but are not required to, file and submit (electronically to the Chambers email box and in paper form in Word format) a list of proposed case-specific voir dire questions at the revised 11-5-20 - 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 time they lodge the proposed pretrial conference order. 14. In most cases the Court will conduct its initial voir dire of 16 prospective jurors who will be seated in the jury box. Generally the Court will select eight jurors. 15. Each side will have three peremptory challenges. Once all challenges for cause and peremptory challenges are exercised, the eight jurors in the lowest numbered seats will be the jury. If fewer than eight jurors remain, the Court may decide to proceed with six or seven jurors. C. GLOSSARY, TRIAL EXHIBITS, WITNESS LISTS, ETC. 1. All counsel are to meet not later than ten days before trial and to stipulate, so far as is possible, to foundation, to waiver of the best evidence rule, and to those exhibits that may be received into evidence at the start of the trial. 2. At least one week before trial, counsel must send to the Chambers email box in Word format: a. A case-specific glossary for the court reporter that includes applicable medical, scientific, or technical terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/entities involved in the case, names of people interviewed/deposed, names of family members, friends, or others who might be mentioned, and other case-specific terminology; b. The party’s witness list, with a column to add the date on which the witness testified; c. The joint exhibit list in the form specified in Local Rule 16-6. An annotated exhibit list identifying the exhibits to be received into evidence at the start of the trial must also be provided. 3. On the first morning of trial, counsel must submit to the CRD: a. All original exhibits (except those to be used for impeachment only), with official exhibit tags attached and bearing the same number shown on revised 11-5-20 - 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 the exhibit list. Exhibit tags may be obtained from the receptionist in the Public Intake Section, located on the 1st floor of the Edward R. Roybal Federal Building at 255 East Temple St., Room 180. Digital exhibit tags are also available on the Court’s website under Court Forms > General forms > Form G-14A (plaintiff) and G-14B (defendant). Exhibits must be numbered 1, 2, 3, etc., NOT 1.1, 1.2, etc. and in accordance with Local Rule 16-6. The defense exhibit numbers must not duplicate plaintiff’s numbers. If a “blow-up” is an enlargement of an existing exhibit, it must be designated with the number of the original exhibit followed by an “A.”; b. Two sets of the exhibits that can be reproduced (one for the Court and one for witnesses) placed in three-ring binders with divider tabs containing the exhibit numbers. The face and spine of the binders must be marked with the case name and number, the volume number, and the number range of the exhibits in the binder. Each binder must contain an index of the exhibits included in the volume. 4. A copy of the exhibit list with all admitted exhibits will be given to the jury during deliberations. Counsel must review and approve the exhibit list with the CRD before the list is given to the jury. 5. Where a significant number of exhibits will be admitted, the Court encourages counsel, preferably by agreement, to consider ways in which testimony about exhibits may be made intelligible to the jury while it is being presented. Counsel should consider such devices as jury notebooks for admitted exhibits, or enlargements of important exhibits. The Court has an Elmo and other equipment available for use during trial. Information concerning training on the use of electronic equipment is available. Details are posted on the Court’s website. To make reservations for training, call 213-894-3061. The Court does not permit exhibits to be “published” by passing them up and down the jury box. Exhibits may be displayed briefly using the screens in the courtroom, unless the revised 11-5-20 - 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 process becomes too time-consuming. 6. Counsel must not attempt to display or use any charts or enlargements of exhibits unless all counsel have agreed to their use or objections have been heard and a ruling has been made. D. TRIAL 1. On the day of jury selection, trial will begin at 9:00 a.m. Counsel must be prepared to go on the record at 8:30 a.m. Thereafter, trial days are generally Tuesday through Friday, 8:00 a.m. to 2:00 p.m., with three fifteen-minute breaks. When necessary, trials may continue beyond the normal schedule. If counsel contemplate that this schedule will be problematic due to the unavailability of witnesses, counsel should provide details to the Court at the pretrial conference. 2. On the day of jury selection, the Court reserves the time from 8:30 a.m. to 9:00 a.m. to handle legal and administrative matters. Jury selection will begin promptly at 9:00 a.m. or as soon as jurors are available. Thereafter, legal and administrative matters must be addressed between 7:45 a.m. and 8:00 a.m. All counsel are urged to anticipate matters that may need to be addressed outside of the presence of the jury and to raise them during this period or at the end of the day. The Court does not make jurors wait while counsel discuss matters that should have been addressed previously. Counsel are urged to consider any unusual substantive or evidentiary issues that may arise, and to advise the Court of such issues as early as possible. Short briefs addressing such disputed issues are welcome. 3. Before trial begins, the Court will give counsel an opportunity to discuss administrative matters and anticipated procedural or legal issues. Before trial begins, and as soon as the information becomes available to counsel, counsel should advise the court of any concerns or accommodations that are requested for parties or witnesses. During trial, if there are any matters to be discussed outside the presence of the jury, counsel must advise the CRD of the request. The Court revised 11-5-20 - 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 discourages sidebars during trial. 4. All orders for transcripts must be ordered through the court reporter, Pat Cuneo, who can be contacted through www.patcuneo.com. III CONDUCT OF ATTORNEYS AND PARTIES A. OPENING STATEMENTS, EXAMINING WITNESSES, AND SUMMATION 1. Counsel must use the lectern for opening statements, examination of witnesses, and summation. 2. Counsel must not consume time by writing out words, drawing charts or diagrams, etc. Counsel may do so in advance and explain that the item was prepared earlier as ordered by the Court to save time. 3. The Court will establish reasonable time estimates for opening and closing arguments, examination of witnesses, etc. B. OBJECTIONS TO QUESTIONS 1. Counsel must not use objections for the purpose of making a speech, recapitulating testimony, or attempting to guide the witness. 2. When objecting, counsel must rise to state the objection and state only that counsel objects and the legal ground of objection. If counsel wishes to argue an objection further, counsel must ask for permission to do so. C. GENERAL DECORUM 1. Counsel should not approach the CRD or the witness box without specific permission. If permission is given, counsel should return to the lectern when the purpose has been accomplished. Counsel should not question a witness at the witness stand. 2. Counsel and parties should rise when addressing the Court, and when the Court or the jury enters or leaves the courtroom. 3. Counsel should address all remarks to the Court. Counsel are not to revised 11-5-20 - 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 address the CRD, the court reporter, persons in the audience, or opposing counsel while on the record. If counsel wish to speak with opposing counsel, counsel must ask permission to do so. Any request for the re-reading of questions or answers must be addressed to the Court. Such requests should be limited and are not likely to be granted. 4. Counsel should not address or refer to witnesses or parties by first name alone. Young witnesses (under 14) may, however, be addressed and referred to by first name. 5. Counsel must not offer a stipulation unless counsel has conferred with opposing counsel and has verified that the stipulation will be acceptable. 6. While Court is in session, counsel must not leave counsel table to confer with any personnel or witnesses unless permission has been granted in advance. 7. Counsel should not by facial expression, nodding, or other conduct exhibit any opinion, adverse or favorable, concerning any testimony being given by a witness, statements or arguments by opposing counsel, or rulings by the Court. Counsel should admonish counsel’s own clients and witnesses to avoid such conduct. 8. Counsel should not talk to jurors at all, and should not talk to co- counsel, opposing counsel, witnesses, or clients where the conversation can be overheard by jurors. Each counsel should admonish counsel’s own clients and witnesses to avoid such conduct. 9. Where a party has more than one lawyer, only one may conduct the direct or cross-examination of a particular witness, or make objections as to that witness. D. PROMPTNESS OF COUNSEL AND WITNESSES 1. The Court makes every effort to begin proceedings at the time set. Promptness is expected from counsel and witnesses. Once counsel are engaged in trial, the trial is counsel’s first priority. The Court will not delay the trial or revised 11-5-20 - 13 - 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 inconvenience jurors except under extraordinary circumstances. The Court will advise other courts that counsel are engaged in trial in this Court on request. 2. If a witness was on the stand at a recess or adjournment, counsel must have the witness back on the stand, ready to proceed, when the court session resumes. 3. Counsel must notify the CRD in advance if any witness should be accommodated based on a disability or for other reasons. 4. No presenting party may be without witnesses. If counsel has no more witnesses to call and there is more than a brief delay, the Court may deem that party to have rested. 5. The Court attempts to cooperate with professional witnesses and will, except in extraordinary circumstances, accommodate them by permitting them to be called out of sequence. Counsel must anticipate any such possibility and discuss it with opposing counsel. If there is an objection, counsel must confer with the Court in advance. E. EXHIBITS 1. Each counsel should keep counsel’s own list of exhibits and should note when each has been admitted into evidence. 2. Each counsel is responsible for any exhibits that counsel secures from the CRD and must return them before leaving the courtroom at the end of the session. 3. An exhibit not previously marked should, at the time of its first mention, be accompanied by a request that the CRD mark it for identification. To save time, counsel must show a new exhibit to opposing counsel before it is mentioned in court. 4. Counsel are to advise the CRD of any agreements they have with respect to the proposed exhibits and as to those exhibits that may be received so that no further motion to admit need be made. revised 11-5-20 - 14 - 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. When referring to an exhibit, counsel should refer to its exhibit number whenever possible. Witnesses should be asked to do the same. 6. Counsel must not ask witnesses to draw charts or diagrams or ask the Court’s permission for a witness to do so. If counsel wishes to question a witness in connection with graphic aids, the material must be fully prepared before the court session starts. F. DEPOSITIONS 1. All depositions to be used at trial, either as evidence or potentially for impeachment, must be lodged with the CRD on the first day of trial or such earlier date as the Court may order. Counsel should verify with the CRD that the relevant deposition is in the CRD’s possession. 2. In using depositions of an adverse party for impeachment, either one of the following procedures may be used: a. If counsel wishes to read the questions and answers as alleged impeachment and ask the witness no further questions on that subject, counsel must first state the page and line where the reading begins and the page and line where the reading ends, and allow time for any objection. Counsel may then read the portions of the deposition into the record. b. If counsel wishes to ask the witness further questions on the subject matter, the deposition is placed in front of the witness and the witness is told to read silently the pages and lines involved. Counsel may either ask the witness further questions on the matter and then read the quotations, or read the quotations and then ask further questions. Counsel should have an extra copy of the deposition for this purpose. 3. Where a witness is absent and the witness’s testimony is offered by deposition, counsel may (a) have a reader occupy the witness chair and read the testimony of the witness while the examining lawyer asks the questions, or (b) have counsel read both the questions and answers. revised 11-5-20 - 15 - G. USING NUMEROUS ANSWERS TO INTERROGATORIES AND REQUESTS FOR ADMISSIONS Whenever counsel expects to offer a group of answers to interrogatories or requests for admissions extracted from one or more lengthy documents, counsel should prepare a new document listing each question and answer, and identifying the document from which it has been extracted. Copies of this new document should be given to the Court and opposing counsel. H. ADVANCE NOTICE OF DIFFICULT OR UNUSUAL ISSUES If any counsel has reason to anticipate that a difficult question of law or evidence will necessitate legal argument requiring research or briefing, counsel must give the Court advance notice. Counsel are directed to notify the CRD at the day’s adjournment if an unexpected legal issue arises. Counsel must also advise the CRD at the end of each trial day of any issues that must be addressed outside the presence of the jury, so that there is no interruption of the trial. THE COURT WILL NOT KEEP JURORS WAITING. N.B. “COUNSEL,” AS USED IN THIS ORDER, INCLUDES PARTIES APPEARING IN PROPRIA PERSONA. IT IS SO ORDERED. DATED: ________________________ Dale S. Fischer 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 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Plaintiff(s), vs. Defendant(s). CASE NO. EXHIBIT LIST EX. No. DESCRIPTION IDENTIFIED ADMITTED 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 CASE: TRIAL DATE: JOINT TRIAL WITNESS ESTIMATE FORM WITNESS NAME PARTY CALLING X-EXAMINER'S DESCRIPTION OF TESTIMONY COMMENTS WITNESS AND ESTIMATE ESTIMATE 1 2 3 4 5 6 7 8 9 10 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.
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 Case No. CV DSF ORDER RE MOTIONS FOR SUMMARY JUDGMENT , , Plaintiff, v. Defendant. ____________________________ When filing or opposing a motion for summary judgment, a party is to comply precisely with Local Rule 56, the Court’s general Standing Order, and this order. Because summary judgment motions are fact-dependent, parties should prepare papers in a fashion that will assist the Court (e.g., generous use of tabs, tables of contents, headings, indices, etc.). As a courtesy to both the Court and the opposing party, a moving party should not wait until the last possible day to file motions for summary judgment or partial summary judgment. The Court expects 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 that the parties will agree to an increased filing schedule for motions for summary judgment. Multiple motions for summary adjudication by the same party are highly disfavored. Any party wishing to file more than one motion for summary adjudication must move for leave of court and explain why the issues cannot be addressed in a single motion. If multiple motions for summary adjudication are filed by the same party without leave of court, the first filed motion will be considered and the subsequent motions stricken. While an early motion for summary judgment can be sensible under certain circumstances, clearly premature motions – e.g., motions claiming that the opposing party has insufficient evidence when discovery does not close for another six months – only waste time and money for the parties and the Court. Separate Statement of Uncontroverted Facts and Conclusions of Law: The separate statement shall be prepared in a two-column format. The left-hand column sets forth -- in sequentially-numbered paragraphs -- the allegedly undisputed fact. The right-hand column sets forth the evidence that supports that fact. Each paragraph should contain a narrowly-focused statement of fact addressing a single subject as concisely as possible. The moving, opposing, and reply papers should refer to the numbered paragraphs in the separate statement, rather than the underlying evidence. Statement of Genuine Disputes: The opposing party’s statement of genuine disputes must be in two columns. The left-hand column must restate the opposing party’s allegedly undisputed fact and track the moving party’s separate statement exactly as filed. The right-hand column must state whether the fact is undisputed or disputed. The opposing party may dispute all or only a portion of the statement of fact. If disputing only a portion, the statement of genuine disputes must clearly indicate what part is being disputed, followed by the opposing party’s evidence 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 controverting the fact. The opposing party should not avoid admitting an undisputed fact by avoiding the issue. Only good faith disputes should be included. The Court will not wade through a document to determine whether a fact really is in dispute. To demonstrate that a fact is disputed, the opposing party must briefly state why it disputes the moving party’s asserted fact, cite to the relevant exhibit or other evidence, and describe what in that exhibit or evidence refutes the asserted fact. No legal argument should be set forth in this document. The opposing papers should refer to the numbered paragraphs in the separate statement, rather than the underlying evidence. The opposing party may also 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 continue in sequentially-numbered paragraphs and shall set forth in the right-hand column the evidence that supports that statement. Supporting Evidence: No party should submit evidence other than the specific items of evidence or testimony necessary to support or controvert a proposed statement of undisputed fact. For example, entire deposition transcripts, 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 of or opposition to a motion for summary judgment. The Court will not consider such material. When submitting portions of deposition transcripts and other lengthy documents, however, the parties should be sure to provide all pages necessary to put the cited portion in context. Evidence submitted in support of or in 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. Documentary evidence as to which there 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 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 authenticity. The pleadings should refer to the exhibits by exhibit number only, or by exhibit number and title of document -- not merely by the title of the document. For example, if Exhibit 1 is the License Agreement, the papers should refer to “the License Agreement attached as Exhibit 1,” or “Exhibit 1,” not “the License Agreement.” 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. This memorandum should be organized to track the paragraph numbers of the separate statement and statement of genuine disputes in numerical sequence. It should identify the specific item of evidence to which objection is made, and a brief argument with citation to authority as to why the objection is well-taken. The following is the suggested format: Separate Statement Paragraph 1: Objection to the supporting deposition transcript of Jane Doe at 1:1-10 on the grounds that the statement constitutes inadmissable hearsay for which no exception applies. To the extent it is offered to prove her state of mind, it is irrelevant because 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. The objections will be overruled and disregarded. IT IS SO ORDERED. ____________________________ Dale S. Fischer United States District Judge 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 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Plaintiff(s), v. Defendant(s). ______________________________ CASE NO. ORDER SETTING SCHEDULING CONFERENCE Date: Time: 11:00 a.m. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Dale S. Fischer. This matter is set for a scheduling conference on the above date. If plaintiff has not already served the operative complaint on all defendants, plaintiff must do so promptly and must file proofs of service within three days thereafter. Defendants also must timely serve and file their responsive pleadings. The Court will dismiss all remaining fictitiously-named defendants at the scheduling conference. The Court will also set a date by which motions to amend the pleadings or add parties must be heard. The scheduling conference will be held pursuant to Rule 16(b) of the Federal Rules of Civil Procedure (“Rule __”). The parties are reminded of their obligations revised 6-5-20 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 under Rule 26(a)(1) to disclose information (without awaiting a discovery request), and under Rule 26(f) to meet and confer on a discovery plan not later than 21 days before the scheduling conference and to file a “Joint Rule 26(f) Report” not later than 14 days after the meeting of counsel and not later than seven days before the scheduling conference. Paper Chambers copies of the Joint Rule 26(f) Report must be delivered to Judge Fischer’s box next to the Clerk’s office on the fourth floor of the First Street Courthouse. Paper Chambers copies must be “blue-backed,” with the title of the document on the lower right hand corner of the “blue-back.” Paper Chambers copies must be submitted no later than noon on the day after the e-filing. Failure to comply with the requirements in this Order or to cooperate in the preparation of the Joint Rule 26(f) Report may lead to the imposition of sanctions. The Court encourages counsel to agree to begin to conduct discovery actively before the scheduling conference. At the very least, the parties must comply fully with the letter and spirit of Rule 26(a) and obtain and produce most of what would be produced in the early stage of discovery, because at the scheduling conference the Court will impose strict deadlines to complete discovery. This Court does not exempt parties appearing in propria persona from compliance with any of the Local Rules, including Local Rule 16. “Counsel,” as used in this order, includes parties appearing in propria persona. 1. Joint Rule 26(f) Report The Joint Rule 26(f) Report, which must be filed not later than seven days before the scheduling conference, must be drafted and filed by plaintiff (unless the plaintiff is a non-lawyer pro per or the parties agree otherwise), but must be signed jointly. “Jointly” contemplates a single report, regardless of how many separately- represented parties there are. The Joint Rule 26(f) Report must specify the date of the scheduling conference on the caption page. It must report on all matters described below, which include those required to be discussed by Rule 26(f) and Local Rule 26: revised 6-5-20 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 a. Statement of the case: a short synopsis (not to exceed two pages) of the main claims, counterclaims, and affirmative defenses. b. Subject matter jurisdiction: a statement of the specific basis of federal jurisdiction, including supplemental jurisdiction. c. Legal issues: a brief description of the key legal issues, including any unusual substantive, procedural, or evidentiary issues. d. Parties, evidence, etc.: a list of parties, percipient witnesses, and key documents on the main issues in the case. For conflict purposes, corporate parties must identify all subsidiaries, parents, and affiliates. e. f. g. h. i. Damages: the realistic range of provable damages. Insurance: whether there is insurance coverage, the extent of coverage, and whether there is a reservation of rights. Motions: a statement of the likelihood of motions seeking to add other parties or claims, file amended pleadings, transfer venue, etc. Status of Discovery: a discussion of the present state of discovery, including a summary of completed discovery. Discovery Plan: a detailed discovery plan, as contemplated by Rule 26(f), including the identity of all anticipated deponents and dates by which their depositions are to be completed (if possible), anticipated written discovery requests, including requests for admission, document requests, and interrogatories, and a schedule for completion of all discovery. State what, if any, changes in the disclosures under Rule 26(a) should be made, the subjects on which discovery may be needed, whether applicable limitations should be changed or other limitations imposed, and whether the Court should enter other orders. (It is very unlikely that the Court will agree to phased discovery.) A statement that discovery will be conducted as to all claims and defenses, or other vague description, is not acceptable. (Pursuant to revised 6-5-20 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 Rule 26(f)(2), a discovery plan that complies with Rule 26(f)(3) must be filed within 14 days after the scheduling conference. If the information provided in the Joint 26(f) Report does not meet these requirements, the parties must file an additional more detailed discovery plan no later than 14 days after the date of the scheduling conference, even if that conference date has been vacated.) j. Discovery cut-off: a proposed discovery cut-off date. N.B. This means the final day for completion of discovery, including resolution of all discovery motions. This date should ensure that discovery is completed sufficiently in advance of the motion cut-off date to avoid any request pursuant to Rule 56(d). k. Expert discovery: proposed dates for expert witness disclosures (initial and rebuttal) and expert discovery cut-off under Rule 26(a)(2). This date should ensure that discovery is completed sufficiently in advance of the motion cut-off date to avoid any request pursuant to Rule 56(d). l. Dispositive motions: a description of the issues or claims that any party believes may be determined by motion for summary judgment or motion in limine. m. Settlement/Alternative Dispute Resolution (ADR): a statement of what settlement discussions or written communications have occurred (excluding any statement of the terms discussed) and a statement selecting one of the three ADR Procedures specified in Local Rule 16- 15.4 and indicating when the ADR session should occur. Note: If counsel have received a Notice to Parties of Court-Directed ADR Program (form ADR-08), the case presumptively will be referred to the Court Mediation Panel or private mediation (at the parties’ expense). No case will proceed to trial unless all parties, including an revised 6-5-20 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 officer (with full authority to settle the case) of all corporate parties, have appeared personally at an ADR proceeding. n. Trial estimate: a realistic estimate of the time required for trial and whether trial will be by jury or by the court. Each side should specify (by number, not by name) how many witnesses it contemplates calling. If the time estimate for trial given in the Joint Rule 26(f) Report exceeds four court days, counsel must be prepared to discuss in detail the estimate. o. Lead Trial Counsel: the name of lead trial counsel. Only one lead trial counsel should be named. If counsel purport to be co-lead counsel, both must appear at all proceedings set by the Court. p. Independent Expert or Master: whether this is a case where the Court should consider appointing a master pursuant to Rule 53 or an independent scientific expert. (The appointment of a master may be especially appropriate if there are likely to be substantial discovery disputes, numerous claims to be construed in connection with a summary judgment motion, a lengthy Daubert hearing, a resolution of a difficult computation of damages, etc.) q. Timetable: complete the Schedule of Pretrial and Trial Dates attached to this Order and attach it to the Joint Rule 26(f) Report. Submission of a completed Schedule is mandatory. The entries in the “Weeks Before Trial” column reflect what the Court has determined are appropriate for most cases and will allow the Court to rule on potentially dispositive motions sufficiently in advance of the pretrial conference and otherwise to prepare for the conference. The Schedule is designed to enable counsel to ask the Court to set different (but only earlier) last dates by which the key requirements must be completed. Each side should insert the month, day, and year that side revised 6-5-20 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 requests for each event. For example, the expert discovery cut-off might be “10/7/21” for plaintiff and “10/28/21” for defendant, if they cannot agree. Counsel are expected to act professionally and make every effort to agree on dates. At the scheduling conference, the Court will review the proposed Schedule with counsel. Each entry proposing Court dates must fall on a Monday, except the trial date, which must be a Tuesday. Counsel should ensure that requested dates do not fall on a holiday. In appropriate cases the Court will order different dates after it hears from counsel. The discovery cut-off date is the last day by which all depositions must be completed, responses to previously-served written discovery must be provided, and motions concerning discovery disputes must be heard. The cut-off date for motions is the last date on which motions may be heard, not filed. The Court is not likely to continue this date, and generally will not do so unless the trial date is also continued. The Schedule provides for separate “last days” for motions to amend pleadings or add parties, motions in limine, and all other motions. r. Magistrate Judge: whether the parties agree to try the case before a magistrate judge. Pursuant to 28 U.S.C. § 636, the parties may consent to have a magistrate judge preside over all proceedings, including jury trials. The parties may choose any magistrate judge (not just the judge assigned to the case) from among the magistrate judges identified on the Central District website. The consent form can also be found on the website. s. Class Actions: if the action is a putative class action, the parties are to provide a proposed briefing schedule for the motion for class certification. The schedule must provide for at least three weeks between the filing of the reply and the hearing. The Court expects the revised 6-5-20 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 parties to act diligently and begin discovery immediately, because the motion must be filed no later than 120 days from the date originally set for the scheduling conference, unless the Court orders otherwise. In other words, a continuance of the date for the scheduling conference will not extend the time to file the motion for class certification. t. Other issues: a statement of any other issues affecting the status or management of the case (e.g., unusually complicated technical or technological issues, disputes over protective orders, extraordinarily voluminous document production, non-English speaking witnesses, ADA-related issues, discovery in foreign jurisdictions, etc.), and any proposals concerning severance, bifurcation, or other ordering of proof. The Joint Rule 26(f) Report should provide the above information under section headings corresponding to those in this Order. 2. Scheduling Conference The scheduling conference will be held in the First Street Courthouse, courtroom 7D, 350 West 1st St., Los Angeles, CA. Counsel must comply with the following: a. Participation: Lead trial counsel must attend the scheduling conference, unless excused by the Court for good cause shown in advance of the scheduling conference. When seeking permission not to attend, lead trial counsel must identify the person who will appear by name and bar number, and specify that person’s involvement in the case. The Court may choose to postpone the scheduling conference rather than to permit counsel other than lead trial counsel to attend. Neither local counsel nor other counsel designated as trial counsel may appear at a scheduling conference in place of lead trial counsel. revised 6-5-20 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 Counsel should not purport to be co-lead trial counsel as a means of avoiding this requirement. If counsel purport to be co-lead counsel, both must appear at all proceedings set by the Court. Continuance: A continuance of the scheduling conference will be granted only for good cause. Notice to be Provided by Counsel b. 3. Plaintiff’s counsel or, if plaintiff is appearing pro se, defendant’s counsel, must provide this Order to any parties who first appear after the date of this Order and to parties who are known to exist but have not yet entered appearances. 4. Disclosures to Clients Counsel are ordered to deliver to their respective clients a copy of this Order and of the Court’s trial order, which will contain the schedule that the Court sets at the scheduling conference. 5. Court’s Website Copies of this and other orders of this Court that may become applicable to this case are available on the Central District of California website, at www.cacd.uscourts.gov, under “Judge’s Procedures and Schedules.” The Local Rules are available on the website. The Court thanks the parties and their counsel for their anticipated cooperation in complying with these requirements. revised 6-5-20 8 Caveat: Unless lead trial counsel is excused by the Court in advance of the scheduling conference, the attorney who appears at the scheduling conference will be deemed lead counsel. If counsel fail to file the required Joint Rule 26(f) Report, or the required pretrial documents, or if lead counsel fails to appear at the scheduling conference, the pretrial conference, or any other proceeding scheduled by the Court, and such failure is not satisfactorily explained to the Court: (a) the case will be dismissed for failure to prosecute, if such failure occurs on the part of the plaintiff; (b) default (and thereafter default judgment) will be entered if such failure occurs on the part of the defendant; or (c) the Court will take such other action as it deems appropriate. IT IS SO ORDERED. Dated: _________________ ____________________________ Dale S. Fischer 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 9 SCHEDULE OF PRETRIAL AND TRIAL DATES Time 8:30 am 3:00pm CASE NAME: CASE NO: Matter Trial (jury)(court) (length ___days) (Tuesday) Pretrial Conference, LR 16; Hearing on Motions in Limine (Monday) Trial Documents (Set Two) All Trials: Lodge Pretrial Conference Order, LR 16- 7; File Oppositions to Motions in Limine Jury Trial Only: File Agreed Set of Jury Instructions and Verdict Forms; Statement Regarding Disputed Instructions and Verdict forms Trial Documents (Set One) All Trials: File Memo of Contentions of Fact and Law, LR 16-4; Exhibit & Witness Lists, LR 16-5, 6; Status Report Regarding Settlement; Motions in Limine (no more than five motions per side may be filed without Court permission) Court Trial Only: Lodge Findings of Fact and Conclusions of Law, LR 52; File Summaries of Direct Testimony (optional) Last day to conduct ADR Proceeding, LR 16-15 Last day to hear motions (except motion to amend pleadings or add parties and motions in limine), LR 7 (Monday) Non-expert Discovery Cut-off Expert Disclosure (initial) Expert Disclosure (rebuttal) Expert Discovery Cut-off Last day to hear motion to amend pleadings or add parties (Monday) Weeks before trial Plaintiff(s) Request Defendant(s) Request Court Order 4 6 7 12 14 21+ 21+ 32+ LR 16-15 ADR Choice: 1. USMJ 3. Outside ADR 2. Attorney Settlement Panel 10
PILOT PROGRAM - INSTRUCTIONS TO ATTORNEYS PROCEDURES FOR FILING UNDER SEAL DOCUMENTS. REQUEST TO SEAL DOCUMENTS ONLY, NOT THE APPLICATION AND ORDER. Electronically file the application to seal with proof of service. Counsel are required to comply with Local Rule 5-4.4.1 and attach the proposed order to the application. PROPOSED ORDER MUST CONTAIN THE FOLLOWING LANGUAGE FOR THE COURT’S USE IF THE UNDER SEAL FILING IS REJECTED: 1. Counsel shall publically file the document(s). (For use if the party wants the Court to consider the document(s); 2. Counsel shall file redacted versions of the documents on the docket. The Court will consider the unredacted mandatory paper chambers copy. REJECTED DOCUMENTS WILL BE DESTROYED UNLESS COUNSEL CONTACTS THE CLERK WITHIN 5 DAYS TO RETRIEVE THE DOCUMENTS. Once the documents have been electronically filed, send an e-mail to the chambers generic e-mail at [email protected]. Counsel are reminded to comply with Local Rule 5-4.4.2 by submitting the PDF version of the application and declaration, along with proof of service, and a Word or WP version of the proposed order (with the language set forth above). Included with this email must be the Adobe PDF version of the document(s) to be filed under seal with a caption page clearly marked “UNDER SEAL.” NOTE: The subject line of the e-mail should have the case number, plus the words “UNDER SEAL REQUEST.” A blue backed, tabbed (if appropriate) mandatory paper chambers copy of the documents listed above (together in one envelope) must be delivered to Judge Fischer’s box, on the first floor of the Roybal Building by noon the following day. REQUEST TO SEAL THE APPLICATION, ORDER AND DOCUMENT(S): Electronically file a NOTICE OF MANUAL FILING. Send an e-mail to the chambers generic e-mail at [email protected], which contains the PDF version of the application to seal, the Notice of Manual Filing, the Word or WP version of the proposed order (with the language set forth above) and an Adobe PDF of the document(s) to be filed under seal with a caption page, clearly marked “UNDER SEAL.” The subject line of the e-mail should have the case number, plus the words “UNDER SEAL REQUEST.” A blue backed, tabbed (if appropriate) mandatory paper chambers copy of the documents listed above (all in one envelope) must be delivered to Judge Fischer’s chambers box at the address set forth above. Please note: The title of the pleading will be placed on the public docket entry. For example: “Declaration of John Doe, Exhibit A.” If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable.
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