2025-Patent Standing Order; ADR-20; ADR-21; ADR-22; CRIMINAL TRIAL ORDER_08 2025; NOTICE Schedule Case (01-25); Scheduling and Case Management Order (JURY TRIAL) 8-25; Scheduling and Case Management Order (Notice) (BENCH TRIAL) 8-25; SELF-REPRESENTATION ORDER 2021; STANDING MINUTE ORDER-NEW CASES

=== 2025-Patent Standing Order ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States District Court Central District of California [PLAINTIFF], Plaintiff, v. [DEFENDANT], Defendant. Case № 2:XX-cv-0XXXX-ODW(XXx) PATENT STANDING ORDER UNLESS OTHERWISE ORDERED BY THE COURT, THE FOLLOWING RULES APPLY TO ALL PATENT CASES ASSIGNED TO JUDGE OTIS D. WRIGHT, II. WHERE THESE RULES CONFLICT WITH RULES PROMULGATED ELSEWHERE, THIS DOCUMENT CONTROLS. 1. Patent Local Rules The Court adopts the Patent Local Rules of the United States District Court for the Northern District of California (the “Patent Local Rules”). Parties are expected to familiarize themselves with and closely adhere to these rules. A copy of the rules may be found at http://www.cand.uscourts.gov/localrules. 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. Patent Case Timeline The timeline set forth in the Patent Local Rules represents the maximum lifecycle duration, not the typical. In most cases, the Court will issue a scheduling order that is less than the maximum lifecycle prescribed by the Patent Local Rules. 3. Summary-Judgment Motions Prior to filing any summary-judgment motion, the parties must submit letter briefs requesting permission to file the motion. The opening letter brief must be no longer than 5 pages and filed electronically with the Court via CM/ECF as a “Request for Leave to File Motion for Summary Judgment.” The letter brief must state the basis for the summary-judgment motion and reasons why the motion is not premature. Opposition letter briefs must be no longer than 5 pages and filed with the Court no later than 7 days after the opening letter brief. No reply letter briefs may be filed without the Court’s permission. No hearing will be held unless otherwise ordered by the Court. The Court typically sets the motion deadline for 8 weeks after the discovery cutoff. Because the Court requires that the party moving for summary judgment provide no less than 35 days’ notice for such motions, and parties must have the Court’s permission to file a summary-judgment motion, parties are advised to file their opening letter briefs well in advance of the motion cutoff. The Court reminds counsel of their obligation to meet and confer prior to filing the letter briefs. See L.R. 7-3. 4. Markman Claim-Construction Hearing Parties must notice a Markman hearing (as a motion) according to the timeframe specified in the Patent Local Rules and the Court’s scheduling order. See Patent L.R. 4-6. Failure to properly notice will result in delays, and sanctions may be imposed for failure to abide by the Court’s scheduling order. Pursuant to the Patent Local Rules, the Court may make necessary adjustments to the requested Markman hearing date to accommodate the Court’s calendar. 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 The Court will not entertain requests to continue the discovery cut-off date absent good cause. Thus, if parties desire more time for discovery after—rather than before—the Markman hearing, parties should take less than the maximum allotted time under Patent Local Rules 3-1 to 3-5, 3-7, and 4-1 to 4-5. The Markman hearing is scheduled for a maximum of 2 hours. Each side will have a maximum of 1 hour to present evidence and argument in support of its position. The parties may ask the Court well in advance if they need additional time. The parties are reminded that additional time is disfavored since the Court will rely heavily on the submitted briefs in making its decision. The parties are encouraged to simplify the issues and focus on their main arguments during the Markman hearing. Subject to the Court’s approval, parties will jointly agree to the format of the Markman hearing. The claim construction briefs have the following page limits: 25 for opening and response, 12 for reply. Copies of all exhibits must be pre-marked, bound, and tabbed. In addition to memoranda, parties must collaborate and jointly submit the following: (1) Final Joint Claim Chart, which includes citations to intrinsic and extrinsic evidence—to be filed on the same day as the opening brief; (2) Joint Appendix of Extrinsic Evidence, which contains all extrinsic evidence relied upon in the claim construction briefing—to be filed and served on the same day as the reply brief. If a party intends to present expert testimony at the Markman hearing, whether as a witness or by way of affidavit, a statement of the expert’s qualifications must be submitted as an additional attachment to any memorandum submitted. If the parties intend to present live witness testimony during the hearing, they should bring one additional copy of the Appendix of Extrinsic Evidence for the witness stand. Parties are further reminded of the 10-term limit for construction. Patent L.R. 4-3(c). Failure to make a good faith effort to narrow the disputed terms may expose counsel to sanctions. Patent L.R. 4-7. 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 5. Technology Tutorial The Court may request and strongly encourages the parties to hold a technology tutorial prior to the Markman hearing. Parties shall file a joint statement proposing the desired format of the tutorial at least 6 weeks prior to the Markman hearing. The parties should meet and confer prior to filing the joint statement. The Court will schedule an additional 1 hour maximum to the Markman hearing for the tutorial. The parties may ask the Court well in advance if they need additional time. Any remaining time from the tutorial will not be added to extend the total time for arguments and evidence at the Markman hearing. The tutorial must be conducted solely as an objective presentation of the technology at issue. Visual aids and demonstrative exhibits are strongly encouraged. Parties shall comply with the format, time limitations, and scheduling rules set out in the forthcoming scheduling and case- management order. All materials utilized in the technology tutorial shall be lodged with the Court by no later than 7 days prior to the tutorial. The parties may include a memorandum, not to exceed 5 pages, summarizing the materials and tutorial. 6. Discovery The Court expects the parties to resolve discovery issues by themselves in a courteous, reasonable, and professional manner. Unless otherwise directed, the assigned Magistrate Judge will rule on all discovery motions and handle all discovery issues. Parties may also choose to consent to proceed before a United States Magistrate Judge for all purposes by filing a Central District form CV-11D. Because patent cases tend to involve significant discovery concerning confidential documents, parties are encouraged to file a stipulated protective order as soon as possible. If one was not filed earlier, the Court requires parties to lodge a stipulated protective order along with the parties’ joint scheduling conference report under Federal Rule of Civil Procedure 26(f), unless the parties deem such a protective order unnecessary in this case. 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 7. Patent File Histories Concurrently with the parties’ filing of the Joint Claim Construction and Prehearing Statement under Patent Local Rule 4-3, patentees are required to provide the Court a certified copy of the patent file history for each asserted patent. The patent file history must be printed double-sided and compiled in a three- ring binder. Prior art references1 should not be included in the paper copy. In addition to the paper copy of the patent file history, the patentee must submit an electronic copy on a flash drive, CD-ROM, or DVD. Each patent file history must be a single electronic file in PDF format. All prior art references must also be included on the flash drive, CD-ROM, or DVD, with each prior art reference appearing as a separate, identifiable PDF file. The patent file history and the associated flash drives, CD-ROMs, or DVDs should be sent directly to Judge Wright’s chambers and not filed with the Clerk’s office or via CM/ECF. 8. Jury Instructions and Special Jury Verdict Form Although not mandatory, the Court favors the adoption of the Model Patent Jury Instructions for the Northern District of California. Further, prior to the pre-trial conference, the Court requires parties to file, among other documents, a proposed special jury verdict form substantially based on the Sample Verdict Form, Appendix C.3 of the Model Patent Jury Instructions for the Northern District of California. A copy of the Model Patent Jury Instructions may be found at https://www.cand.uscourts.gov/forms/jury-instructions. 1 The documents listed under the “References Cited” section of the patent. 5 9. Damages Contentions The Court will not impose the damages contentions disclosures required by Patent Local Rule 3-8 and 3-9 unless the parties jointly request them. IT IS SO ORDERED. January X, 2025 ____________________________________ OTIS D. WRIGHT, II 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 6

=== ADR-20 ===

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER: v. Plaintiff(s) NOTICE TO PARTIES: ADA DISABILITY ACCESS LITIGATION Defendant(s) INSTRUCTIONS TO PLAINTIFF: In this action alleging violations of Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181-12189, Plaintiff is directed to serve three documents (the “ADA Packet”) on the Defendant(s): (1) this Notice to Parties; (2) the attached Application for Stay and Early Mediation; and (3) the attached [Proposed] Order Granting Application for Stay and Early Mediation. Plaintiff is directed to serve the ADA Packet on Defendant(s) at the same time the summons and complaint are served, if possible. If, upon receipt of this Notice to Parties, Plaintiff has already served Defendant(s), Plaintiff must serve the ADA Packet no later than fourteen (14) days after this Notice to Parties is filed with the Court. Within three (3) days of serving Defendant(s), Plaintiff must file with the Court a proof of service indicating that the ADA Packet was served on Defendant(s). Failure to comply with these directives may adversely affect Plaintiff’s claims. For instance, where Defendant fails to answer the complaint, the Court will not enter default judgment unless Plaintiff has served that Defendant with this Notice and the Application for Stay. NOTICE TO DEFENDANT(S): YOU ARE BEING SUED PURSUANT TO THE ADA In this case, Plaintiff alleges that Defendant(s) failed to comply with detailed provisions of Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181-12189. More specifically, the Complaint alleges that Plaintiff encountered one or more physical or other barriers at a place of public accommodation operated by Defendant(s) and/or the place of public accommodation does not otherwise comply with applicable ADA Accessibility Guidelines (“ADAAG”). See generally 36 CFR Pt. 1191, apps. B & D. A plaintiff who encounters such barriers, or who is otherwise discriminated against “on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation,” may file a private suit to enforce the provisions of Title III. 42 U.S.C. § 12182(a). Monetary damages are not recoverable pursuant to the ADA, but injunctive relief and attorney fees may be awarded. 42 U.S.C. §§ 12188(a)(1)-(2), 12205. Where a violation is found, injunctive relief is likely to require Defendant(s) to remedy physical barriers or other items that fail to conform with the requirements of the ADA. Additional information about the ADA, including downloadable documents setting forth the current ADA Standards for Accessible Design, is available from the United States Department of Justice. See http://www.ada.gov/2010ADAstandards_index.htm (last accessed on August 16, 2016). ADR-20 (09/16) NOTICE TO PARTIES: ADA DISABILITY ACCESS LITIGATION Page 1 of 3 ALTERNATIVE DISPUTE RESOLUTION (“ADR”) IS AVAILABLE Despite the efforts to achieve a fair, timely, and just outcome in all Title III cases, litigation can be an expensive and lengthy process. For this reason, it is this Court’s policy to encourage parties to attempt to settle their disputes through alternative dispute resolution (“ADR”) at an early stage of litigation. ADR is likely to significantly reduce the cost of litigation and the amount of time needed to resolve ADA claims. In the Court’s experience, early ADR is particularly beneficial in disability access litigation because many physical barriers and other failures to comply with ADAAG’s requirements can be quickly and economically remedied without litigation. However, where easy fixes are not made promptly, and where resolution of disputes is sought through litigation, the costs of litigation can rapidly overtake the costs of remedying the underlying violation(s). The economically efficient and expeditious removal of barriers to access for persons with disabilities furthers the primary public policy goals of the ADA. Therefore, to encourage early resolution of litigation, this Court allows a defendant to ask for a stay of litigation so that the parties may participate in the Court’s ADR Program. A stay temporarily halts the litigation and puts the litigation “on hold” to allow for mediation. The Court’s ADR Program offers mediation through a panel of qualified and impartial attorney-mediators who encourage the fair, speedy, and economic resolution of civil actions. All Panel Mediators have at least ten years of legal experience and are appointed by the Court. They volunteer their preparation time and the first three hours of a mediation session. Involvement by a Panel Mediator in an ADA access case is a cost-effective way for parties to explore potential avenues of resolution and is similar to programs adopted in California’s Superior Courts to resolve similar claims. LEGAL REPRESENTATION IS NOT REQUIRED FOR MEDIATION Ideally, all parties would be represented by counsel. Certainly, any party that chooses to proceed without legal representation will be operating at a significant disadvantage. Although individuals may appear in an action without legal representation, no organization or entity of any other kind (including corporations, limited liability corporations, partnerships, limited liability partnerships, unincorporated associations, trusts) may appear in any action or proceeding unless represented by an attorney permitted to practice before this Court. L.R. 83-2.2.2. Nevertheless, in recognition that many parties do not obtain legal representation, the Court does not require that any party hire an attorney to file the Application for Stay and Early Mediation or to participate in the Court's ADR Program. If the action cannot be resolved through mediation, however, entity defendants (including partnerships, corporations, trusts, and limited liability companies) may not file an answer to the complaint or otherwise appear in the action without an attorney. L.R. 83-2.2.2. TO REQUEST A STAY To apply for a stay and participate in early mediation, the Defendant(s) must complete the attached Application for Stay and Early Mediation. If a party wishes to file the Application for Stay and Early Mediation, the Application must be filed with the Court and served on the opposing party no later than the due date for an Answer to the Complaint or, alternatively, within fourteen (14) days of the date that the ADA Packet was served, whichever date is later. Where Defendant(s) agree to waive service in a timely manner, the Answer is due sixty (60) days after the request for waiver of service was sent. See Fed. R. Civ. P. 4(d) (waiver), 12(a)(1)(A)(ii) (due date). In the absence of a timely waiver, the Answer is ordinarily due within 21 days after service of the summons and complaint. See Fed. R. Civ. P. 12(a)(1)(A)(i). In all instances, the party requesting a stay should do so as soon as practicable. ADR-20 (09/16) NOTICE TO PARTIES: ADA DISABILITY ACCESS LITIGATION Page 2 of 3 If an Application for Stay and Early Mediation is filed, any opposition must be filed within seven (7) days of service of the Application. In accordance with the Court’s Local Rules, the failure to file a timely opposition will be treated as consent to the imposition of a stay and referral of the case to mediation. L.R. 7-12 (“The failure to file any required document, or the failure to file it within the deadline, may be deemed consent to the granting or denial of the motion . . . .”). Absent a compelling reason to forego any attempt to mediate the dispute between the parties, the Court will generally grant the Application for Stay. If the Court grants the Application for Stay, it will enter an Order Staying Action and Requiring Early Mediation. PROCEDURE AFTER A STAY IS IMPOSED Within fourteen (14) days of the date of the Order Staying Action and Requiring Early Mediation, Plaintiff must file with the Court and serve on Defendant a statement that includes: 1) a list of specific conditions that he or she believes violate the ADA; and 2) an itemized list of damages and, for each item, the amount sought. If Defendant remedies the violation(s) identified by Plaintiff, or if Defendant asserts that no violation exists, the Defendant will be required to provide evidence showing the correction or absence of the alleged violation(s). Defendants with Certified Access Specialists (“CASp”) inspection reports may use those reports to rebut Plaintiff’s allegations and could be entitled to other protections if Plaintiff has asserted claims under California law. Information about CASp inspections is available from the State of California Department of General Services website. See http://www.dgs.ca.gov/dsa/Programs/programCert/casp.aspx (last accessed August 16, 2016). VOLUNTARY ACTION TO REMEDY ADA ACCESS VIOLATIONS A plaintiff’s federal claims may become moot if a defendant voluntarily remedies conditions alleged to be in violation of the ADA and/or ADAAG. In such a case, a defendant who voluntarily remedies all ADA and ADAAG violations without being ordered to do so may obtain dismissal of the claims. Moreover, in some instances, such voluntary action by a defendant may negate a plaintiff’s entitlement to attorney fees. See Buckhannon Bd. & Care Home, Inc. v. W. Virginia Dep’t of Health & Human Res., 532 U.S. 598, 605-06 (2001) (superseded by statute on other grounds). ADR-20 (09/16) NOTICE TO PARTIES: ADA DISABILITY ACCESS LITIGATION Page 3 of 3

=== ADR-21 ===

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER: v. Plaintiff(s) ADA DISABILITY ACCESS LITIGATION: APPLICATION FOR STAY AND EARLY MEDIATION Defendant(s) 1. 2. Party (name): mediation through the Court's ADR Program requests a stay of proceedings and early The complaint in this case asserts a claim under Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181-12189. 3. The party filing this Application for Stay and Early Mediation requests that the Court: a. b. Stay these proceedings; Schedule an early mediation through the Court’s ADR Program; c. Order Plaintiff to file with the Court and serve on Defendant(s) within fourteen (14) days of the date of the Order granting Application for Stay and Early Mediation a statement that includes the following: 1) An itemized list of specific conditions on the subject premises that are the basis of the claimed violations of the ADA; and 2) An itemized list of damages and, for each item, the amount sought. d. Order Defendant to file with the Court and serve on Plaintiff(s) at least ten (10) days before the date set for the early mediation any evidence Defendant intends to rely upon to support a claim that the alleged violations have been remedied or that no violation exists. Date: Type or Print Name Signature of Attorney (or Party without Attorney) Opposition to this Application for Stay and Early Mediation must be filed no later than seven (7) days from the date of service of this Application for Stay and Early Mediation. ADR-21 (09/16) ADA DISABILITY ACCESS LITIGATION: APPLICATION FOR STAY AND EARLY MEDIATION Page 1 of 1

=== ADR-22 ===

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER: v. Plaintiff(s) Defendant(s) ADA DISABILITY ACCESS LITIGATION: [PROPOSED] ORDER GRANTING APPLICATION FOR STAY AND EARLY MEDIATION The Court has considered the recently filed Application for Stay and Early Mediation, and hereby ORDERS: 1. 2. This action is STAYED for a period of ninety (90) days from the date of the filing of this Order, unless otherwise ordered by the Court. This case is referred to: ADR PROCEDURE NO. 1: Magistrate Judge assigned to the case for such settlement proceedings as the judge may conduct or direct. ADR PROCEDURE NO. 2: This case is referred to the ADR Program. Within twenty-one (21) days, plaintiff shall obtain the consent of a Mediator listed on the Court’s Mediation Panel who will conduct the mediation, and file form ADR-2, Stipulation Regarding Selection of Mediator. If the parties have not selected and obtained the consent of a Panel Mediator within twenty-one (21) days, the ADR Program (213-894-2993) will assign one. Forms and a list of the Panel Mediators are available on the Court's website, www.cacd.uscourts.gov. Absent extraordinary circumstances, parties cannot request a continuance within three (3) business days of a scheduled mediation. The ADR proceeding is to be completed no later than: . 3. Within fourteen (14) days of the date of this Order, Plaintiff shall file with the Court and serve on Defendant(s) a statement (“Plaintiff’s Case Statement”) that includes the following: a. An itemized list of specific conditions on the subject premises that are the basis of the claimed violations of the ADA; and b. An itemized list of damages and, for each item, the amount sought. 4. 5. If Defendant claims to have remedied any or all of the violation(s) identified by Plaintiff, or asserts that no violation exists, that Defendant shall file with the Court and serve on Plaintiff evidence showing the correction or absence of violation(s) at least ten (10) days before the date set for the early mediation. The parties shall file with the Court a Joint Status Report no later than seven (7) days after the ADR proceeding is completed advising the Court of the status of the alleged ADA violations and their mediation efforts. Date: cc: ADR Program Director United States District Judge ADR-22 (09/16) ADA DISABILITY ACCESS LITIGATION: ORDER Page 1 of 1

=== CRIMINAL TRIAL ORDER_08 2025 ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States District Court Central District of California UNITED STATES OF AMERICA, Case No. ED CR 24-00262 -ODW Plaintiff, v. Breanna Daeyshanee Kuyre Garcia, Defendant(s) CRIMINAL MOTION AND TRIAL ORDER Jury Trial: August 19, 2025 at 9:00 a.m. FOR CASES ASSIGNED TO JUDGE OTIS D. WRIGHT, II This matter is set for trial before the Honorable Otis D. Wright II, United States District Judge, Courtroom 5D, United States Courthouse, 350 W. 1st Street, Los Angeles, California 90012. A. PRETRIAL AND TRIAL DATES AND MOTIONS 1. Pretrial Motions shall be filed on or before (Court will set ALL dates later). Motions expected to take more than one hour of court time must include a time estimate beneath the hearing date on the face page of the motion. Oppositions (or notices of non-opposition) shall be filed on (Monday preceding three weeks before trial.) Replies (optional) shall be filed on ________ (Monday one week before trial). v.8/25 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 Local Rule 7-12 will apply to papers not timely filed by a party. Adherence to these timing requirements is essential to chambers’ preparation of motion matters. 2. 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: TIMES NEW ROMAN FONT MUST BE USED; THE SIZE MUST BE NO LESS THAN 14. Footnotes shall be in typeface no less than two sizes smaller than text size and shall be used sparingly. 3. Motions in Limine: a. Before filing any motion in limine, counsel for the parties shall confer pursuant to Local Rule 7-3 (Civil) in a good faith effort to eliminate the necessity for hearing the motion in limine or to eliminate as many of the disputes as possible. It shall be the responsibility of counsel for the moving party to arrange for this conference. The motion papers must include a declaration showing a good faith meet and confer effort. b. If counsel are unable to resolve their differences, they shall prepare a separate, sequentially-numbered Motion in Limine for each issue in dispute which contains a clear caption that identifies the moving party and the nature of the dispute (i.e., “Plaintiff’s Motion in Limine #1 to exclude the testimony of Defendant’s expert”). Neither party may file more than five (5) Motions in Limine absent leave of Court upon a showing of good cause, and leave of Court will be granted sparingly. Motions in Limine in excess of a party’s first five will be stricken. Each Motion in Limine shall contain a clear identification of the testimony, exhibits, or other specific matters alleged to be inadmissible and/or prejudicial and a statement of the specific prejudice that will be suffered by the moving party if the motion is not granted. The identification of the matters in dispute shall be followed by the moving party’s v.8/25 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 contentions and memorandum of points and authorities. The title page of the Motion in Limine must state the Pretrial Conference date, hearing date for the motions in limine, and the Trial date. c. Motions in Limine made for the purpose of precluding the mention or display of inadmissible and/or prejudicial matter in the presence of the jury shall be accompanied by a declaration that includes the following: (1) a clear identification of the specific matter alleged to be inadmissible and/or prejudicial; (2) a representation to the Court that the subject of the motion in limine has been discussed with opposing counsel, and that opposing counsel has either indicated that such matter will be mentioned or displayed in the presence of the jury before it is admitted in evidence or that counsel has refused to stipulate that such matter will not be mentioned or displayed in the presence of the jury unless and until it is admitted in evidence; and (3) a statement of the specific prejudice that will be suffered by the moving party if the motion in limine is not granted. d. All evidence in support of or in opposition to a motion in limine, including declarations and exhibits to declarations, shall be separated by a tab divider on the bottom of the page. If evidence in support of or in opposition to a motion in limine exceeds twenty pages, the evidence must be in a separately bound volume and include a Table of Contents. Though strongly discouraged, if by necessity the supporting evidence exceeds fifty pages, the documents shall be placed in a Slant D-Ring binder with each item of evidence separated by a tab divider on the right side. All documents contained in the binder should be three-hole-punched. For items not conducive to paper format, USC drives should be submitted in lieu of compact discs. e. Neither party’s submissions with respect to a Motion in Limine shall exceed eight (8) pages. Unless ordered otherwise, the Court will only consider the moving papers and any opposition thereto; no replies are necessary or invited. 4. Discovery Motions: Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain whether the requested discovery will be v.8/25 3 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. 5. Filings that do not conform to the Local Rules and this Order may not be considered. 6. Trial is set for Tuesday, August 19, 2025 at 9:00 a.m. 7. All documents shall be e-filed and served on opposing counsel at approximately the same time. 8. The Court does not require courtesy copies for every filing. However, courtesy copies are required for motions necessitating a substantial evidentiary record, and for pretrial and trial documents. Chambers copies shall be delivered to and placed in the Judge’s courtesy box, located outside of the Clerk’s office on the 4th floor. Chambers copies of under seal documents shall be placed together in a manilla envelope labeled “UNDER SEAL”. 9. All Counsel are to list e-mail addresses, facsimile transmission numbers, along with street address (no Post Office box numbers) and telephone numbers, on all papers submitted to the Court. B. 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), such evidence shall be produced forthwith to counsel for the defendant. Counsel for the government shall also disclose to counsel for 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 v.8/25 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 defendant the existence or non-existence of: (1) evidence obtained by electronic surveillance; and (2) testimony by a government informer. C. TRIAL REQUIREMENTS 1. No later than one week before trial, counsel for the government shall file with the Court: a. In camera (under seal) all statements of all witnesses to be called by the government in its case-in-chief; b. 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. Counsel for the government shall attempt to obtain defense counsel’s agreement to the factual summary, statement of the charges, time estimate for cross-examination of the government’s witnesses, and legal and evidentiary issues. 2. Counsel shall arrive at the Courtroom no later than 8:30 a.m. on the first day of trial. 3. Counsel for the government shall present the courtroom deputy clerk (“CRD”) with the following documents on the first day of trial: a. Three copies of the government’s witness list (1-clean copy with no header); b. Three copies of the government’s exhibit list in the form specified in Local Rule 16-5 (Civil) (1-clean copy with no header); c. A bench book (3-ring binder(s containing a copy of the indictment/ information, all exhibits that can be reproduced, and the witness list. Each exhibit shall be tabbed with the exhibit number for easy referral. The holes are to be 3/8” diameter; v.8/25 5 d. A witness book (3-ring binder(s containing a copy of all of the government’s exhibits that can be reproduced, with official exhibit tags attached and bearing the same number shown on the exhibit list. Exhibit tags may be obtained online on the Court’s website at https://www.cacd.uscourts.gov/forms/exhibit-tags-plaintiff-g- 14a-defendant-g-14b-joint-g-14c, or counsel may create their own. Exhibits shall be numbered 1, 2, 3, etc., NOT 1.1, 1.2, etc. If a “blow-up” is an enlargement of an existing exhibit, it shall be designated with the number of the original exhibit followed by an “A.” 4. The Court orders that exhibits such as firearms, narcotics, etc., 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. 5. Defense counsel needs to deliver defense exhibits to the CRD on the first day of trial; however, defense counsel is responsible for affixing completed exhibit tags with the case name and case number to all exhibits to be used in Defendant’s case. 6. Defense counsel shall provide two 3-ring binders of defense exhibits to the Court on the first day of trial (one for the Court and one for the witnesses) with numbers to correspond to the exhibits counsel expects to introduce. 7. Defense counsel shall provide the CRD with 3-copies, one clean of each document (no header) of the defense witness list and defense exhibit list, unless exhibits are joint, in which case only one side needs to submit the 3-copies to the CRD. 8. If any counsel wishes to arrange for the use of additional equipment, such as video monitors, overhead projectors, etc., counsel shall notify the CRD no later than 3:00 p.m. one week before trial so that the necessary arrangements may be made. 9. Counsel shall 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 by the Court 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v.8/25 6 10. 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. 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. 11. 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 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. 12. 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 commence promptly at 9:00 a.m. or as soon as jurors are available. Thereafter, legal and administrative matters shall be addressed between 8:30 a.m. and 9:00 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 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. Short briefs addressing such disputed issues are welcome. 13. Should counsel for the government wish to order transcripts, they shall provide agency authorization to the court reporter at the time the request is made. 14. NOTE: Counsel for both parties are instructed not to bring excessive exhibits to trial, but only those exhibits that will actually be used. 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 v.8/25 7 D. JURY INSTRUCTIONS, VERDICT FORMS & QUESTIONNAIRES 1. No later than one week before trial, counsel shall submit both general and substantive jury instructions in the form described below. If possible, all instructions should be taken from the Manual of Model Criminal Jury Instructions for the Ninth Circuit (West Publishing, current edition). In those cases where a special verdict is requested, counsel shall submit a proposed verdict form with the jury instructions. Counsel shall submit the proposed instructions and a “clean” set of such instructions, as set forth below. 2. The parties must submit JOINT jury instructions and a JOINT proposed verdict form (if a special verdict is requested). In order to produce these joint instructions, the parties shall meet and confer sufficiently in advance of the required submission date, with the goal of agreeing on instructions and verdict forms. Where the parties cannot agree, disputed instructions shall be submitted one week before trial as follows: (1) JOINT jury instructions (those instructions agreed to by all parties), and (2) DISPUTED jury instructions (those instructions propounded by a party to which another party objects). On a separate page following each disputed jury instruction, the party opposing the instruction shall briefly state the basis for the objection, any authority in support thereof and, if applicable, an alternative instruction. On the following page, the party proposing the disputed instruction shall briefly state its response to the objection, and any authority in support of the instruction. 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. 3. Jury instructions should be modified as necessary to fit the facts of the case (e.g., inserting names of defendant(s) to whom instruction applies). Where language appears in brackets in the model instruction, counsel shall select the appropriate text and eliminate the inapplicable bracketed text. Where no applicable Ninth Circuit model instruction is available, counsel are directed to use the instructions from O’Malley, 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 v.8/25 8 Grenig & Lee (formerly Devitt, et al.), Federal Jury Practice and Instructions (West Publishing Co., current edition). 4. An index page shall accompany all jury instructions submitted to the Court. The index page 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 Conspiracy-Elements 9th Cir.8.5.1 1 5. One or more copies of the instructions will be given to the jury during deliberations. Accordingly, counsel shall summit a “clean” set of all instructions, containing only the text of each instruction, set forth in full on each page, with the caption “Court’s Instruction No. ____” (eliminating supporting authority, indication of party proposing, etc.). 6. If counsel wish to submit a written questionnaire to prospective jurors, a motion shall be made in writing, with the proposed questionnaire attached, no later than eight weeks before the trial date. The Court does not routinely use questionnaires. Counsel should attempt to discuss this issue and reach a proposed agreement before submitting the motion to the Court. 7. At least one week before trial, each counsel must file with the CRD and serve on opposing counsel any proposed questions to be asked of prospective jurors. Counsel shall also file a Joint Statement of the Case, which the Court will read to prospective jurors prior to the commencement of voir dire. The statement shall not exceed one page. 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 v.8/25 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 E. INSTRUCTIONS GOVERNING PROCEDURE DURING TRIAL 1. Counsel shall not refer to any witness -- including a client -- over 14 years of age by his/her first name. 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, recapitulating 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 and witnesses 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, or clients where the conversation can be overheard by jurors. Each counsel should admonish counsel’s own clients and witnesses 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. 7. Counsel should speak clearly and into the microphone(s) when questioning witnesses, making objections, etc. 8. No document shall be placed before a witness unless a copy has been provided to the Court. Counsel may consider such devices as overhead projectors, jury notebooks for admitted exhibits, or enlargements of important exhibits. The Court has an Elmo and other equipment available for use during trial. Call the CRD if you wish to visit when the Court is not in session to practice using the equipment. The Court v.8/25 10 does not permit exhibits to be “published” by passing them up and down the jury box. Exhibits may be displayed using the screen in the courtroom. 9. Water bottles with closed or non-spill caps may be brought to counsel table. Water cups are not to be brought to the lectern. No other beverages are permitted in the courtroom. Food is not permitted in the courtroom. 10. Counsel shall rise when addressing the Court. In jury trials, counsel and Defendant shall rise when the jury enters or leaves the courtroom. [Special procedures or exceptions may apply when Defendant is in custody or restrained.] 11. 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. 12. Counsel should not offer a stipulation without having first conferred and reached an agreement with opposing counsel. 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. 13. While court is in session, counsel shall not leave counsel table to confer with investigators, paralegals, or witnesses unless permission is granted in advance. 14. 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. 15. 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 court resumes. 16. 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. 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 v.8/25 11 17. The Court attempts to cooperate with expert witnesses and other professionals, and will, except in extraordinary circumstances, accommodate them by permitting them to be called out of sequence. 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 advance. 18. Counsel must notify the CRD in advance if any witness should be accommodated based on the Americans with Disabilities Act or for other reasons. 19. Counsel are advised to be on time, as the Court makes every effort to start promptly. IT IS SO ORDERED. August 28, 2025 ____________________________________ OTIS D. WRIGHT, II 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 v.8/25 12

=== NOTICE Schedule Case (01-25) ===

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 O United States District Court Central District of California PLAINTIFF, Case № 0:00-cv-00000-ODW (XXx) Plaintiff(s), v. DEFENDANT et al., Defendant(s). SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] NOTICE OF INTENT TO ISSUE SCHEDULING ORDER on [70 days from today] This case has been assigned to the calendar of United States District Judge Otis D. Wright II. The responsibility for the progress of litigation in the federal courts falls not only upon the attorneys in the action, but upon the court as well. In order “to secure the just, speedy, and inexpensive determination of every action,” Fed. R. Civ. P. 1, all counsel are hereby ordered to familiarize themselves with the Federal Rules of Civil Procedure (“Rule” or “Rules”), the Local Rules of the Central District of California, and the standing rules of this Court. Counsel please note the changes made to former Local Rule 6, now superseded by Federal Rules of Civil Procedure 16 and 26(f), effective December 1, 2000. The Court will issue a Scheduling Order pursuant to Federal Rule of Civil Procedure 16(b) Rev. 01/25 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 on or before the date set forth in the caption.1 No scheduling conference will be held unless ordered by the Court. Counsel shall meet at least 21 days in advance of the above date to prepare a jointly signed report for the Court, to be submitted no less than 7 days before the above date. See Fed. R. Civ. P. 26(f)(1)–(2). The report is to contain the items set forth below. Pursuant to Rule 16(c), the parties shall be represented by counsel with authority to enter into stipulations regarding all matters pertaining to conduct of the case. The Joint Report to be submitted shall contain the items listed in Rule 26(f); the parties’ recommendations and agreements, if any, about the final scheduling order as listed in Rule 16(b)(1) through (6); and those items listed in Rule 16(c) which counsel believe will be useful for the Court to know. Items which must be listed are the following: (1) (2) (3) listing and proposed schedule of written discovery, a depositions, and a proposed discovery cut-off date; a listing and proposed schedule of law and motion matters, and a proposed dispositive motion cut-off date; a statement of what efforts have been made to settle or resolve the case to date and what settlement procedure is recommended pursuant to Local Rule 16-15.4 (specifically excluding any statement of the terms discussed); (4) an estimated length of trial and a proposed date for the Final Pretrial Conference and for Trial; (5) a discussion of other parties likely to be added; (6) whether trial will be by jury or to the court; 1 Unless there is a likelihood that upon motion by a party the Court would order that any or all discovery is premature, it is advisable for counsel to begin to conduct discovery actively before the Court issues a Scheduling Order. At the very least, the parties shall comply fully with the letter and spirit of Rule 26(a) and thereby obtain and produce most of what would be produced in the early stage of discovery, because in the Scheduling Order, the Court will impose tight deadlines to complete discovery. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (7) any other issues affecting the status or management of the case, including whether there is an immediate need for a case management conference; and (8) proposals regarding severance, bifurcation, or other ordering of proof. In addition, the Joint Report shall contain the following: (1) a short synopsis of the principal issues in the case; (2) a statement of whether pleadings are likely to be amended; and (3) a statement as to issues which any party believes may be determined by motion.2 In the Scheduling Order, the Court will set a date for discovery cut-off,3 a final date by which dispositive motions must be set for hearing, a Final Pretrial Conference date, and a trial date. A continuance of the date set forth in the caption will be granted only for good cause. (Counsel are informed that continuance of the above date causes commensurate delay in the trial date.) The failure to submit a Joint Report in 2 Error! Main Document Only.Where the Plaintiff’s claim is predicated in whole or in part on denial of benefits under a plan regulated by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1000 et seq. (“ERISA”), the parties shall address the following additional issues in their Joint Report: (1) Standard of Review: What standard of review is applicable? If the parties disagree, they shall propose a schedule for early briefing and decision of this issue on Motion; and (2) Pre- emption: Is there any contention that any state-law claim asserted by Plaintiff is pre-empted by ERISA? If so, the parties shall propose a schedule for early briefing and decision of the issue on Motion. 3 Error! Main Document Only.This is not the date by which discovery requests must be served; but the date by which all discovery is to be completed. Any motion challenging the adequacy of discovery responses must be filed timely, served, and calendared sufficiently in advance of the discovery cutoff date to permit the responses to be obtained before that date, if the motion is granted. The Court requires compliance with Local Rules 37-1 and 37-2 in the preparation and filing of discovery motions. Except in the case of an extreme emergency which was not created by the lawyer bringing the motion, discovery motions may not be heard on an ex parte basis. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 advance of the date set forth in the caption may result in the dismissal of the action, striking the answer and entering a default, or the imposition of sanctions. A settlement procedure appropriate to the particular case will be used in every civil action pursuant to Local Rule 16-15.1. In the Joint Report, counsel are to recommend a specific settlement procedure provided for in Local Rule 16-15, which will be utilized in this case. Available alternatives for consideration, not to the exclusion of others, include: (1) (2) (3) a settlement conference before the magistrate or district judge assigned to this case (Local Rule 16-15.4(1 ; appearance before an attorney selected from the Attorney Settlement Officer Panel (Local Rule 16-15.4(2 ; appearance before a retired judicial officer or other private or non-profit dispute resolution body for non-judicial settlement or mediation proceedings (Local Rule 16-15.4(3 ; (4) such other settlement mechanism proposed by the parties and approved by the court. The report to the Court as to the above items should be preceded by a thorough and frank discussion among the attorneys for the parties. A Joint Report which does not comply with Rule 16, Rule 26(f), and this Order may cause continuance of the date set forth in the caption and possible sanctions under Rule 16(f) against the party or parties responsible. No courtesy copies of the Joint Report are required. Motions shall be filed in accordance with Local Rule 7; the next available motion date can be found on the Court’s motion calendar, which can be viewed on the Court’s website.4 This Court hears motions on Mondays, commencing at 1:30 p.m. No supplemental brief shall be filed without prior leave of Court. Courtesy copies are not required, except for motions for summary judgment or motions involving a 4 Error! Main Document Only. All law and motion matters, except for motions in limine, must be set for hearing (not filing) by the motion cutoff date. 4 substantial evidentiary showing. For these motions only, conformed courtesy copies of moving, opposition, and reply papers shall be delivered to the courtesy box on the 4th FLOOR of the U.S. Courthouse, 350 W. 1st Street, by 2:00 p.m. the following business day. Courtesy copies shall NOT be blue-backed. Adherence to the timing requirements is mandatory for chambers’ preparation of motion matters. Counsel should take note of the changes to the Local Rules affecting motion practice in the Central District. Among other things, Local Rule 7-3 requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” Counsel should discuss the issues sufficiently that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other nonsubstantive matters during the conference. Memoranda of Points and Authorities in support of or in opposition to motions shall not exceed 7,000 words. C.D. Cal. Civ. L.R. 11-6.1. Replies shall not exceed 3,300 words. Only in rare instances and for good cause shown will the Court grant an application to extend these limitations. Typeface shall comply with Local Rule 11-3.1.1. NOTE: Times New Roman font must be used and the size must be no less than 14. Footnotes shall be in typeface no less than two sizes smaller than text size and shall be used sparingly. Filings that do not conform to the Local Rules and this Order will not be considered. Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a Proposed Order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. At least two lines of the text of any order or judgment shall appear on the page that has the line provided for the signature of the judge, and at least two lines above the signature line shall be left blank for the judge’s signature. C.D. Cal. L.R. 58-10. 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 5 Counsel are reminded ex parte applications are solely for extraordinary relief. See Mission Power Engineering Co. v. Continental Casualty Co., 883 F. Supp. 488 (C.D. Cal. 1995). /// Counsel for Plaintiff shall immediately serve this Order on all parties who have not yet appeared in this matter, including any new parties later added to the action. IT IS SO ORDERED. January , 2025 ____________________________________ OTIS D. WRIGHT, II 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 6

=== Scheduling and Case Management Order (JURY TRIAL) 8-25 ===

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 CV 25- -ODW(x) Plaintiff (s) v. Defendant(s) SCHEDULING AND CASE MANAGEMENT ORDER (JURY TRIAL) FOR CASES ASSIGNED TO JUDGE OTIS D. WRIGHT, II This Order is to advise the parties and counsel of the schedule that will govern this case. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES. These dates and requirements are firm. The Court is unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. / / / / / / v.8/25 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 HEREBY ORDERED: 1. To secure the just, speedy, and inexpensive determination of every action, all counsel are ordered to familiarize themselves with and follow the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. This Court follows these rules and they will govern this litigation unless otherwise provided in this Order. 2. Because this Order in some respects modifies or adds to the Local Rules, counsel are advised to read it carefully. Counsel are advised to pay particular attention to the requirements of the Court with respect to the filing of motions for summary judgment and documents to be submitted at the Final Pretrial Conference and Trial. 3. The attorney attending any proceeding before this Court must be an attorney who is thoroughly knowledgeable about the case, responsible for the conduct of the litigation, and who has authority to enter into stipulations and to make admissions regarding all matters that the participants reasonably anticipate may be discussed. Lead counsel who will actually try the case must attend the Pretrial Conference. A party who is not represented must attend all proceedings in person. 4. Courtesy Copies: The Court requires courtesy copies only for Motions for Summary Judgment, motions necessitating a substantial evidentiary record, and pretrial documents. FOR THESE FILINGS ONLY, the Court requires one mandatory chambers copy of all related filed documents. USB flash drives should be submitted in lieu of compact discs. Chambers copies shall be delivered to and placed in the Judge’s courtesy box, located outside of the Clerk’s office on the 4th floor. Chambers copies of under seal documents shall be placed together in a manilla envelope labeled “UNDER SEAL.” Courtesy copies DO NOT need to be blue-backed. All courtesy copies of pretrial documents (e.g. witness lists, exhibit lists, pretrial conference orders, jury instructions, etc.) shall be three-hole punched and placed in a three- ring binder as described below. / / / v.8/25 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. Discovery Cut-Off: Percipient and expert discovery shall be completed by the discovery cut-off dates specified on the last page of this Order. THIS IS NOT THE DATE BY WHICH DISCOVERY REQUESTS MUST BE SERVED; IT IS THE DATE BY WHICH ALL DISCOVERY IS TO BE COMPLETED. Any motion challenging the adequacy of responses to discovery must be heard sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted. In an effort to provide further guidance to the parties, the Court notes the following: a. Depositions: All depositions shall be scheduled to 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 prior to the cut-off date. b. Written Discovery: All interrogatories, requests for production of documents, and requests for admissions shall 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. c. Discovery Motions: Whenever possible, the Court expects the parties to resolve discovery issues among themselves in a courteous, reasonable, and professional manner. The Magistrate Judge assigned to this case will rule on discovery motions. (The Magistrate Judge’s initials follow the district judge's initials next to the case number on the first page of this Order.) Counsel are directed to contact the Magistrate Judge’s courtroom deputy clerk (CRD) to schedule a hearing on any discovery related matters. Counsel should NOT deliver courtesy copies of these discovery documents to this Court. d. Expert Discovery: If expert witnesses are to be called at trial, the parties shall designate affirmative experts to be called at trial and provide reports required by Federal Rule of Civil Procedure 26(a)(2)(B) not later than eight weeks prior to the expert discovery cut-off date. Rebuttal expert witnesses shall be v.8/25 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 designated and reports provided as required by Rule 26(a)(2)(B) not later than five weeks prior to the expert discovery cut-off date. Failure to timely comply with deadlines may result in the expert being excluded as a trial witness. 6. Motions and Motion Cut-Off Date a. General Provisions: All law and motion matters, except for motions in limine, must be set for hearing (not filing) by the motion cut-off date specified on the last page of this Order. This Court hears motions in civil matters on Mondays at 1:30 p.m. The parties must adhere to the requirements of the Local Rules. See Local Rules 6-1 & 7-1 et seq. If any party does not oppose a motion, that party shall submit a written statement that it does not oppose the motion in accordance with Local Rule 7-9. The parties should note that failure to meet the time limits for filing an opposition set forth in Local Rule 7-9 shall be deemed consent to the granting of the motion. See Local Rule 7-12. The title page of all motions must state the Pretrial Conference date and the Trial date. Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference seven days in advance of filing any motion, “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” Counsel must also comply with Local Rule 11-6, which requires counsel to include a certificate that the document complies with the type-volume limitation of Local Rule 11-6.1 and this Court. Issues left undetermined after the passage of the motion cut-off date should be listed as issues for trial in the Final Pretrial Conference Order. As an exception to the above, motions in limine dealing with evidentiary matters may be heard pursuant to the schedule specified on the last page of this Order. b. Meeting and Conferring: The Parties are required to meet and confer with opposing counsel prior to the filing of a motion or ex parte application under Local Rule 7-3. The Court notes that it is the responsibility of both parties to meet and confer in good faith on any disputed issues. The Court will impose sanctions, including v.8/25 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 monetary sanctions and/or the summary denial of a motion, if either party fails to meet and confer in good faith or fails to reasonably narrow the issues in dispute. c. Ex Parte Applications: Ex parte practice is discouraged. See Mission Power Eng’g v Co. v. Continental Cas. Co., 883 F. Supp. 488 (C.D. Cal. 1995). The Court will require strict adherence to proper ex parte procedures for any ex parte application filed with the Court. Id. at 492; see also Judge Wright’s Standing Order and Local Rule 7-19. Any opposition to an ex parte application must be filed within 24 hours. Failure to submit a timely opposition constitutes consent to the granting of the application. See Local Rule 7-12. No party may file a reply unless expressly authorized by the Court. All ex parte applications will be decided on the papers and without a hearing unless the Court orders otherwise. d. Applications and Stipulations to Extend Time: Applications to extend the time to file any required document or to continue any hearing, Pretrial Conference, or Trial date must set forth the following: (i) The existing due date or hearing date, as well as the discovery cut-off date, the Pretrial Conference date, and the Trial date; (ii) Specific, concrete reasons supporting good cause for granting the extension; and (iii) Whether there have been prior requests for extensions, and whether these requests were granted or denied by the Court. The parties are cautioned that the Court will not necessarily grant an extension or continuance simply because all parties have stipulated to it. e. Joinder of Parties and Amendment of Pleadings: The deadline for joining parties and amending pleadings is set forth on the last page of this Order. Any motions to join other parties or for leave to amend the pleadings shall be set for hearing on or before this date. If any party moves to amend a pleading after this date, they must address the propriety of amendment under Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992). v.8/25 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 In addition to the requirements of Local Rule 15-1, all motions to amend the pleadings shall: (1) state the effect of the amendment; (2) be serially numbered to differentiate the amendment from previous amendments; and (3) state the page, line number(s), and wording of any proposed change or addition of material. The parties shall deliver to Chambers a redlined version of the proposed amended pleading indicating all additions and deletions of material. The failure to comply with the above may result in denial of a motion to amend. f. Summary Judgment Motions: Parties need not wait until the motion cutoff to bring motions for summary judgment or partial summary judgment. Early completion of non-expert discovery and filing of motions for summary judgment may eliminate or reduce the need for expensive expert depositions that are normally conducted in the last stages of discovery. However, the Court requires that the party moving for summary judgment will provide no less than thirty-five (35) days’ notice for such motions. Because summary judgment motions are fact-dependent, parties should prepare papers in a fashion that will assist the Court in absorbing the mass of facts (e.g., generous use of tabs, tables of contents, headings, indices, etc.). The parties are to comply precisely with Local Rule 56-1 through 56-4. The Court will also require adherence to the following requirements: (i) Statement of Uncontroverted Facts and Statement of Genuine Issues of Material Fact The movant’s Separate Statement of Uncontroverted Facts is to be prepared in a two-column format. The left-hand column should set forth the allegedly undisputed fact. The right-hand column should set forth the evidence that supports the factual statement. The factual statements should be set forth in sequentially numbered paragraphs. Each paragraph should contain a narrowly focused statement of fact. Each numbered paragraph should address a single subject in as concise a manner as possible. The opposing party’s Statement of Genuine Issues of Material Fact must be in two columns and track the movant’s Separate Statement exactly as prepared. The v.8/25 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 document must be in two columns; the left-hand column must restate the allegedly undisputed fact, and the right-hand column must indicate either undisputed or disputed. See Local Rule 56-2. The opposing party may dispute all or only a portion of the statement, but if disputing only a portion, must clearly indicate what part is being disputed. Where the opposing party is disputing the fact in whole or part, the opposing party must, in the right-hand column, label and restate the moving party’s evidence in support of the fact, followed by the opposing party’s evidence controverting the fact. Where the opposing party is disputing the fact on the basis of an evidentiary objection, the party must cite the evidence alleged to be objectionable and state the ground of the objection and nothing more. No argument should be set forth in this document. The opposing party may submit additional material facts that bear on or relate to the issues raised by the movant, which shall follow the format described above for the moving party’s Separate Statement. These additional facts shall follow the movant’s facts, shall continue in sequentially numbered paragraphs (i.e., if movant’s last statement of fact was set forth in paragraph 30, then the first additional statement of fact will be set forth in paragraph 31), and shall set forth in the right-hand column the evidence that supports that statement. The moving party, in its reply, shall respond to the additional facts in the same manner and format that the opposing party is required to adhere to in responding to the Statement of Uncontroverted Facts, as described above. Additional material facts left unaddressed will be deemed undisputed. See Local Rule 56-4. The Court is not obligated to look any further in the record for supporting evidence other than what is actually and specifically referenced in the Statement of Uncontroverted Facts, the Statement of Genuine Disputes of Material Fact, and the Response to Statement of Genuine Disputes. See Local Rule 56-4. The following conduct in connection with a motion for summary judgment shall be grounds for sanctions under Federal Rule of Civil Procedure 11: (1) disputing a material fact without any reasonable basis for doing so; v.8/25 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 (2) identifying additional facts in opposition to the motion without any reasonable basis for believing that the additional facts will materially affect the outcome of the motion. (ii) Supporting Evidence No party should submit any evidence other than the specific items of evidence or testimony necessary to support or controvert a proposed statement of undisputed fact. Thus, for example, the entire transcripts of depositions and/or entire sets of interrogatory responses should generally not be submitted in support of or in opposition to a motion for summary judgment. Evidence submitted in support of or in opposition to a motion for summary judgment should be submitted either by way of stipulation or as exhibits to a declaration sufficient to authenticate the proffered evidence, and should not be attached to the memorandum of points and authorities. The Court will accept counsel’s authentication of deposition transcripts, written discovery responses, and the receipt of documents in discovery if the fact that the document was in the opponent’s possession is of independent significance. Documentary evidence as to which there is no stipulation regarding foundation must be accompanied by the testimony, either by declaration or properly authenticated deposition transcript, of a witness who can establish its authenticity. All evidence in support of or in opposition to a motion for summary judgment, including declarations and exhibits to declarations, shall be separated by a tab divider on the bottom of the page. If evidence in support of or in opposition to a motion for summary judgment exceeds twenty pages, the evidence must be in a separately bound volume and include a Table of Contents. If the supporting evidence exceeds fifty pages, the documents shall be placed in a Slant D-Ring binder with each item of evidence separated by a tab divider on the right side. All documents contained in the binder should be three-hole-punched. Alternatively, parties may submit USB flash drives with supporting evidence in portable document format (PDF) files. v.8/25 8 The PDF files must be named in accordance with each exhibit’s nomenclature (i.e., Ex. A, Ex. B, etc.). If a PDF file contains more than one exhibit, that PDF must include a Table of Contents and each exhibit must be bookmarked with the exhibit nomenclature. (iii) Objections to Evidence If a party disputes a fact based in whole or in part on an evidentiary objection, the ground for the objection, as indicated above, should be stated in the Separate Statement, but not argued in that document. Evidentiary objections should be addressed in a separate memorandum to be filed with the opposition or reply brief of the party. This memorandum should be organized to track the paragraph numbers of the Separate Statement in sequence. It should identify the specific item of evidence to which objection is made, the ground for the objection, and a very brief argument with citation to authority as to why the objection is well taken. The following is an example of the format contemplated by the Court: Separate Statement Paragraph 1: Objection to the supporting deposition transcript of Jane Smith at 60:1–10 on the grounds that the statement constitutes inadmissible hearsay and no exception is applicable. To the extent it is offered to prove her state of mind, it is irrelevant since her state of mind is not in issue. Fed. R. Evid. 801, 802. DO NOT SUBMIT BLANKET OR BOILERPLATE OBJECTIONS TO THE OPPONENT’S STATEMENTS OF UNDISPUTED FACT. THESE WILL BE DISREGARDED AND OVERRULED. (iv) Memorandum of Points and Authorities The movant’s memorandum of points and authorities should be in the usual form required under Local Rule 7 and should contain a narrative statement of facts as to those aspects of the case that are before the Court. All facts should be supported with citations to the paragraph number in the Separate Statement that supports the factual assertion. 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 v.8/25 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Unless the case involves some unusual twist, the motion need only contain a brief statement of the Federal Rule of Civil Procedure 56 standard; the Court is familiar with the Rule and with its interpretation under Celotex and its progeny. If at all possible, the argument should be organized to focus on the pertinent elements of the claim(s) for relief or defense(s) in issue, with the purpose of showing the existence or non-existence of a genuine issue of material fact for trial on that element of the claim or defense. Likewise, the opposition memorandum of points and authorities should be in the usual form required by Local Rule 7. Where the opposition memorandum sets forth facts, the memorandum should cite to paragraphs in the Separate Statement if they are not in dispute, to the evidence that contravenes the fact where the fact is in dispute, or, if the fact is contravened by an additional fact in the Statement of Genuine Issues of Material Fact, the citation should be to such fact by paragraph number. g. Avoid Composite Motions: Unless clearly justified under the circumstances of the case, “motions to dismiss or in the alternative for summary adjudication” are discouraged. These composite motions tend to blur the distinctions between the two motions. h. Motions in Limine: Before filing any motion in limine, counsel for the parties shall confer pursuant to Local Rule 7-3 in a good faith effort to eliminate the necessity for hearing the motion in limine or to eliminate as many of the disputes as possible. It shall be the responsibility of counsel for the moving party to arrange for this conference. The motion papers must include a declaration showing a good faith meet and confer effort. The conference shall take place in person within 10 calendar days of service upon opposing counsel of a letter requesting such a conference, but in no event later than twenty-one days before the Pretrial Conference. The conference may take place by via video conference call or telephone only if both counsel are not located in the same county in the Central District. If counsel are unable to resolve their differences, they shall prepare a separate, sequentially-numbered Motion in Limine for each issue in dispute which contains a v.8/25 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 clear caption that identifies the moving party and the nature of the dispute (i.e., “Plaintiff’s Motion in Limine #1 to exclude the testimony of Defendant’s expert”). Neither party may file more than five (5) Motions in Limine absent leave of Court upon a showing of good cause, and leave of Court will be granted sparingly. Motions in Limine in excess of a party’s first five will be stricken. Each Motion in Limine shall contain a clear identification of the testimony, exhibits, or other specific matters alleged to be inadmissible and/or prejudicial and a statement of the specific prejudice that will be suffered by the moving party if the motion is not granted. The identification of the matters in dispute shall be followed by the moving party’s contentions and memorandum of points and authorities. The title page of the Motion in Limine must state the Pretrial Conference date, hearing date for the motions in limine, and the Trial date. Motions in Limine made for the purpose of precluding the mention or display of inadmissible and/or prejudicial matter in the presence of the jury shall be accompanied by a declaration that includes the following: (1) a clear identification of the specific matter alleged to be inadmissible and/or prejudicial; (2) a representation to the Court that the subject of the motion in limine has been discussed with opposing counsel, and that opposing counsel has either indicated that such matter will be mentioned or displayed in the presence of the jury before it is admitted in evidence or that counsel has refused to stipulate that such matter will not be mentioned or displayed in the presence of the jury unless and until it is admitted in evidence; and (3) a statement of the specific prejudice that will be suffered by the moving party if the motion in limine is not granted. A motion to bifurcate trial may be filed as a motion in limine. All evidence in support of or in opposition to a motion in limine, including declarations and exhibits to declarations, shall be separated by a tab divider on the bottom of the page. If evidence in support of or in opposition to a motion in limine exceeds twenty pages, the evidence must be in a separately bound volume and include a Table of Contents. Though strongly discouraged, if by necessity the supporting v.8/25 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 evidence exceeds fifty pages, the documents shall be placed in a Slant D-Ring binder with each item of evidence separated by a tab divider on the right side. All documents contained in the binder should be three-hole-punched. For items not conducive to paper format, USC drives should be submitted in lieu of compact discs. Unless otherwise ordered by the Court, motions in limine will be heard on the date specified on the last page of this Order. The moving party shall file with the Court and serve its Motion in Limine on the responding party on or before the date for filing of motions in limine indicated in the Schedule of Trial and Pretrial Dates. The responding party shall then file with the Court and serve an opposition to the Motion in Limine on the moving party on or before the date specified on the last page of this Order. Neither party’s submissions with respect to a Motion in Limine shall exceed eight (8) pages. Unless ordered otherwise, the Court will only consider the moving papers and any opposition thereto; no replies are necessary or invited. i. Motions for Class Certification: All motions for class certification must be filed according to Local Rule 23-3 and on or before the date specified on the last page of this Order. The Court will rarely grant stipulations or applications to extend that deadline. Specifically, the failure to complete class discovery before the deadline does not constitute good cause to extend the deadline, unless the parties show specific and concrete reasons why, despite their diligence, the failure to complete discovery was unavoidable. The Court will consider extensions based on the ordering of issues (e.g., if the defendant seeks to file a dispositive motion before class certification) on a case- by-case basis. Any stipulations or applications for relief must include a specific date by which the plaintiff will move for class certification (the Court will not grant an open-ended extension). j. Oral Argument: The Court, in its discretion, may dispense with oral argument on a motion. Fed. R. Civ. P. 78(b); C.D. Cal. L.R. 7-15. However, the Court also encourages law firms to contribute to the professional development of new attorneys by allowing them to present oral argument to the Court on motions. To that v.8/25 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 end, if any party to a motion files a notice with the Court stating that an attorney with less than four years’ experience will present oral argument, the Court will hold a hearing on that motion. This notice must be filed no later than fourteen days before the hearing. The Court will take into account the attorney’s inexperience when considering their oral arguments. 7. Final Pretrial Conferences and Local Rule 16 Filings Please read this portion carefully, as there are some differences between the Court’s requirements and the Local Rules. a. General Provisions The Final Pretrial Conference (“PTC”) will be held on the date specified on the last page of this Order, unless the Court expressly waived the PTC at the Scheduling Conference. (In the rare cases where the Court waives a PTC, the parties must follow Local Rule 16-10.) If adjustments in the Court’s calendar to accommodate congestion become necessary, the Court may re-schedule the PTC instead of the trial date. Therefore, the parties should assume that if the PTC goes forward, the trial will go forward without continuance, although some brief period of trailing may prove necessary. The lead trial attorney on behalf of each party shall attend both the PTC and all meetings of the parties in preparation for the PTC, unless excused for good cause shown in advance of the PTC. A continuance of the PTC at the parties’ request or by stipulation is highly unlikely. Specifically, failure to complete discovery is not a ground for continuance. In the unlikely event that the Court agrees to continue the PTC, the trial date is likely to be delayed as a result. If a change to the trial date is necessitated or likely because of the Court’s calendar or otherwise, modifications of that date will be discussed at the PTC. At the PTC, the parties should be prepared to discuss means of streamlining the trial, including, but not limited to the following: bifurcation; presentation of v.8/25 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 foundational and non-critical testimony and direct testimony by deposition excerpts; narrative summaries and/or stipulations as to the content of testimony; presentation of testimony on direct examination by affidavit or by declaration subject to cross-examination; and qualification of experts by admitted resumes. The Court will also discuss settlement. b. Courtesy Copies The parties must submit courtesy copies of all PTC documents, to be prepared and delivered to chambers as follows: (i) One copy of all PTC documents (i.e., both plaintiff’s documents and defendant’s documents) shall be delivered to the Court in one three-ring binder; (ii) Each document shall be separated by numerical side-tabs, and shall be placed in the following order: (1) Proposed Pretrial Conference Order; (2) Plaintiff’s Memorandum and Contentions of Facts and Law; (3) Defendant’s Memorandum and Contentions of Facts and Law; (4) Joint Witness List; (5) Joint Exhibit List and Stipulation; (6) Plaintiff’s Proposed Verdict Form; (7) Defendant’s Proposed Verdict Form; (8) Joint Proposed Jury Instructions; (9) Plaintiff’s Disputed Jury Instructions; (10) Defendant’s Disputed Jury Instructions; (11) Joint Statement of the Case; (12) Proposed Voir Dire Questions; (13) Joint Report re: Settlement; and (14) Other Pretrial documents; and (iii) The binder shall include a Table of Contents. c. Final Pretrial Conference Order (“PTCO”) The proposed PTCO shall be lodged seven calendar days before the PTC, unless the Court specifically orders otherwise. Adherence to this time requirement is necessary for in-chambers preparation of the matter. The form of the proposed PTCO shall comply with Appendix A to the Local Rules and the following: v.8/25 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 (i) Place in “ALL CAPS AND BOLD” the separately numbered headings for each category in the PTCO (e.g., “1. THE PARTIES” or “7. CLAIMS AND DEFENSES OF THE PARTIES”). (ii) Include a Table of Contents at the beginning. (iii) In specifying the surviving pleadings under section 1, state which claims or counterclaims have been dismissed or abandoned, e.g., “Plaintiff’s second cause of action for breach of fiduciary duty has been dismissed.” Also, in multiple party cases where not all claims or counterclaims will be prosecuted against all remaining parties on the opposing side, please specify to which party each claim or counterclaim is directed. (iv) In specifying the parties’ claims and defenses under section 7, each party shall closely follow the examples set forth in Appendix A of the Local Rules. (v) In drafting the PTCO, the Court expects that the parties will attempt to agree on and set forth as many non-contested facts as possible. The Court will usually read the uncontested facts to the jury at the start of trial. A carefully drafted and comprehensively stated stipulation of facts will reduce the length of trial and increase jury understanding of the case. It is unacceptable for the parties to indicate in the Proposed Pretrial Conference Order that they are not able to stipulate to any facts whatever. (vi) In drafting the factual issues in dispute for the PTCO, the parties should attempt to state issues in ultimate fact form, not in the form of evidentiary fact issues. The issues of fact should track the elements of a claim or defense on which the jury will be required to make findings. v.8/25 15 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 (vii) Issues of law should state legal issues on which the Court will be required to rule during the trial, and should not list ultimate fact issues to be submitted to the trier of fact. (viii) The Court may submit fact issues to the jury in the form of findings on a special verdict. The issues of fact should track the elements of a claim or defense on which the jury will be required to make findings. (ix) If expert witnesses are to be called at trial, each party must list and identify its respective expert witnesses, both retained and non- retained. Failure of a party to list and identify an expert witness in the PTCO could result in a court order which precludes the party from calling that expert witness at trial. (x) The parties shall submit only ONE proposed PTCO. It is unacceptable to submit multiple or competing proposed PTCOs. See Local Rule 16-7. d. Rule 16 Filings; Memoranda; Witness Lists; Exhibit Lists Unless otherwise indicated, the parties must comply fully with the requirements of Local Rule 16. See the last page of this Order for applicable dates. Memoranda and Contentions of Fact and Law Memoranda of Contentions of Fact and Law shall be filed by the date listed in this Scheduling Order, and shall comply with the requirements set forth in Local Rule 16-4. The parties are strongly encouraged to submit one joint Memorandum where possible. Joint Witness List Counsel shall prepare a joint list of their witnesses, including a brief summary (two to three paragraphs) of each witness’s expected testimony, what makes the testimony unique from any other witness testimony, an estimate of the length of time needed for direct examination of each side’s own witnesses and an estimate for the cross v.8/25 16 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 examination of opposing witnesses, and whether the witness will testify by deposition or in person. The joint witness list shall be filed at the same time counsel lodge the PTCO. If a party intends to offer deposition testimony into evidence at trial, the party shall designate the relevant portions of the deposition testimony to be read at trial and advise opposing counsel of same. Opposing counsel shall then designate any additional portions of such deposition testimony which counsel intends to offer in evidence. All objections to any such designated deposition testimony shall be made in writing and filed at the same time counsel lodge the PTCO so that the Court may consider whether ruling on the objections will facilitate trial or result in the disposition of evidentiary matters that may assist continuing settlement negotiations. If expert witnesses are to be called at trial, each party shall list and identify their respective expert witnesses. Failure of a party to list and identify an expert witness may preclude a party from calling that expert witness at trial. If expert witnesses are to be called at trial, the parties shall exchange at the PTC short narrative statements of the qualifications of the expert and the testimony expected to be elicited at trial. Previously prepared and exchanged expert reports shall not substitute for the narrative statements required. On the first day of trial, the parties must lodge with the Court three (3) copies of the witness list, which shall include the names of the witness in the approximate order in which they may be called to testify. Joint Exhibit List and Exhibit Stipulation The parties shall prepare a joint Pretrial Exhibit Stipulation that shall contain each party’s numbered list of all trial exhibits, with objections, if any, to each exhibit including the basis of the objection and the offering party’s response. All exhibits to which there is no objection shall be deemed admitted. The parties shall stipulate to the authenticity of exhibits whenever possible, and the Pretrial Exhibit Stipulation shall identify any exhibits for which authenticity has not been stipulated and the specific reasons for the parties’ failure to stipulate. v.8/25 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Pretrial Exhibit Stipulation shall be substantially in the following form: Plaintiff(s)’/Defendant(s)’ Exhibits Pretrial Exhibit Stipulation Number Description If Objection, State Grounds Response to Objection The Pretrial Exhibit Stipulation shall be filed at the same time counsel lodge the proposed PTCO. Failure to comply with this paragraph could be deemed to constitute a waiver of all objections. However, do not submit blanket or boilerplate objections to the opposing party’s exhibits. These will be disregarded and overruled. NOTE: Counsel are instructed not to bring excessive exhibits to trial, but only those exhibits that are reasonably expected to actually be used. All counsel are to meet not later than ten (10) days before trial and to stipulate so far as is possible as to authenticity, foundation, waiver of the best evidence rule, and to those exhibits which may be received into evidence at the start of trial. The exhibits to be so received will be noted on the copies of the exhibit lists. On the first day of trial, the parties must lodge with the Court Clerk three (3) copies of the of the final exhibit list. Jury Instructions/Special Verdict Forms The parties shall make every attempt to agree upon the jury instructions before submitting them to the Court. It is expected that counsel will agree on the substantial majority of jury instructions. This is in addition to the standard cautionary and introductory instructions regarding duties of the jury, the order of the trial, etc. found in Chapters 1, 2 & 3 of the 9th Circuit Manual of Model Jury Instructions. The Court requires little or no assistance in the preparation of these standard instructions. Counsel’s attention should be focused on reaching agreement on the instructions covering the substantive legal issues. It is anticipated that working diligently and cooperatively counsel will be able to reach agreement on the vast majority of the v.8/25 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 substantive instructions. Judicial involvement will be limited to resolving disputes on only a few instructions on which the parties are unable to agree. On the date listed in this Scheduling Order, counsel shall file with the Court a JOINT set of jury instructions on which there is agreement. Defendant’s counsel has the burden of preparing the joint set of jury instructions. At the same time, each party shall file its proposed jury instructions which are objected to by any other party, accompanied by points and authorities in support of those instructions. When the parties disagree on an instruction, the party opposing the instruction must attach a short statement (one to two paragraphs) supporting the objection, and the party submitting the instruction must attach a short reply supporting the instruction. Each statement should be on a separate page and should follow directly after the disputed instruction. The parties ultimately must submit one document, or if the parties disagree over any proposed jury instructions, three documents. The three documents shall consist of: (1) a set of Joint Proposed Jury Instructions; (2) Plaintiff’s Disputed Jury Instructions; and (3) Defendant’s Disputed Jury Instructions. Any disputed Jury Instructions shall include the reasons supporting and opposing each disputed instruction in the format set forth in the previous paragraph. The parties are encouraged to consider whether the Court should give preliminary instructions to the jury on the substantive issues they will be called upon to decide. Should the parties elect to give preliminary instructions, those substantive instructions should be produced to the Court on the first day of trial. The Court directs counsel to use the instructions from the Manual of Model Jury Instructions for the Ninth Circuit where applicable. Where California law is to be applied and the above instructions are not applicable, the Court prefers counsel to use the California Jury Instructions in CACI. If none of these sources is applicable, counsel are directed to use the instructions in Devitt, Blackmar and Wolff, Federal Jury Practice and Instructions. Modifications of instructions from the foregoing sources (or any other v.8/25 19 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 form instructions) must specifically state the modification made to the original form instruction and the authority supporting the modification. The Court will consider special jury instructions not derived from these sources only in exceptional circumstances. Each requested instruction shall be in the format specified by Local Rule 51-2 and shall be set forth in full; be on a separate page with the caption "COURT’S INSTRUCTION NUMBER ___”; be numbered; cover only one subject or principle of law; not repeat principles of law contained in any other requested instructions; and cite the authority for a source of the requested instruction. In addition to the foregoing, each party shall file with the Courtroom Deputy Clerk (CRD) on the first day of trial a “clean set” of the aforesaid requested duplicate jury instructions. The “clean set” shall not cite the authority for a source of the requested instruction. An index page shall accompany all jury instructions submitted to the Court. The index page shall indicate the following:  the number of the instruction;  a brief title of the instruction;  the source of the instruction and any relevant case citation; and  the page number of the instruction. EXAMPLE: NO. 5 TITLE SOURCE PAGE NO. Evidence for Limited Purpose 9th Cir. 1.5 9 During the trial and again before argument, the Court will meet with counsel and settle the instructions. Strict adherence to time requirements is necessary for the Court to examine the submissions in advance so that there will be no delay in starting the jury trial, or the final instructions to the jury and the closing arguments of counsel. Failure of counsel to strictly follow the provisions of this section may subject the v.8/25 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 non-complying party and/or its attorney to sanctions and SHALL CONSTITUTE A WAIVER OF JURY TRIAL in all civil cases. Joint Statement of the Case and Requests for Voir Dire At the PTC, the parties shall file their proposed voir dire questions and their joint Statement of the Case which the Court will read to all prospective jurors prior to the commencement of voir dire. The statement should not be longer than two or three paragraphs, and should not contain any argument nor an excessive amount of information. The Statement of the Case is merely to advise the prospective jurors of the general nature of the case, i.e. securities law violations, bank robbery, copyright infringement, etc. The Court conducts voir dire of all prospective jurors. The parties need not submit requests for standard voir dire questions such as education, current occupations, marital status, prior jury service, etc., but should include only proposed questions specifically tailored to the parties and issues of the case. e. First Day of Trial Trial Exhibits Counsel must deliver two sets of exhibits to the Court Clerk (one for witnesses and one for the Judge) on the morning of the first day of trial as follows: (i) Counsel shall prepare both sets of the exhibits in 3-ring binders. Holes to be 3/8” in diameter. Notebooks to be tabbed down the right side with numeric tabs separating each exhibit. (ii) The exhibits should be the original exhibits, and should be tagged with Court-approved tags. Court-approved exhibit tags can be obtained from the window on the 4th Floor of the U.S. Courthouse, Los Angeles, CA 90012. The exhibits are to be numbered sequentially, with Plaintiff’s exhibits numbered 1, 2, 3, etc. and Defendant’s exhibits numbered 1000, 1001, 1002, etc. Exhibit numbering must further comply with Local Rule 26-3. v.8/25 21 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 Deposition Transcripts The complete original transcript of any depositions to be used at trial shall be lodged with the Court on the first day of trial. First Day of Trial The Court requires that the following be submitted to the Courtroom Deputy Clerk on the first day of trial (which is in addition to any other documents referenced above): (i) Judge’s copy of exhibits (as described above). (ii) Witnesses’ copy of exhibits (as described above). (iii) Any preliminary instructions the parties have agreed may be read to the jury before the presentation of evidence. (iv) Three (3) copies of the exhibit list. (v) Three (3) copies of the witness list, which shall include the names of the witness in the approximate order in which they may be called to testify. All counsel are to meet not later than ten (10) days before trial and to stipulate so far as possible as to foundation, waiver of the best evidence rule, and to those exhibits which may be received into evidence at the start of trial. The exhibits so received will be noted on the copies of the exhibit lists. Any items that have not been admitted into evidence and are left in the courtroom overnight without prior approval will be discarded. / / / Real-Time Reporting Requirement Each party must file with the Court, at the same time counsel lodges the PTCO, a document for the Court Reporter that contains proper names, unusual or scientific terms, or any other foreign or uncommon words that are likely to be used by the parties during the PTC and the Trial. 8. Settlement v.8/25 22 This Court will not conduct settlement conferences in non-jury cases unless counsel for all parties and their respective clients agree either in writing or on the record. In jury cases, the Court will conduct a settlement conference at the parties’ joint request if three conditions exist: (a) The parties are satisfied that the fact issues in the case will be tried by a jury; (b) All significant pre-trial rulings which the Court must make have been made; and (c) The parties desire the Court to conduct the conference, understanding that if settlement fails, the Court will preside over trial of the case. The parties must file a Status Report regarding settlement at the time they lodge the proposed PTCO. This Report shall not disclose the parties’ settlement positions, i.e. the terms of any offers or demands. It shall merely describe the efforts made by the parties to resolve the dispute informally, i.e. the occasions and dates when the parties participated in mediation or settlement conferences. The Status Report shall also include the name and phone number of the Settlement Officer who assisted the parties with their settlement conference. Caveat: If counsel fail to file the required Pretrial documents or fail to appear at the Pretrial Conference and such failure is not otherwise satisfactorily explained to the Court: (a) the cause shall stand dismissed for failure to prosecute if such failure occurs on the part of the plaintiff; (b) default judgment shall be entered if such failure occurs on the part of the defendant; or (c) the Court may take such action as it deems appropriate. 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 v.8/25 23 IT IS SO ORDERED. August 21, 2025 ____________________________________ OTIS D. WRIGHT, II 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 v.8/25 24 JUDGE OTIS D. WRIGHT, II SCHEDULING OF TRIAL AND PRE-TRIAL DATES Event Jury Trial at 9:00 a.m. Estimated Length: XX days Date Tuesday Last Date to File Final Trial Exhibit Stipulation Hearing on Motions in Limine at 1:30 p.m. Pretrial Conference at 1:30 p.m. Deadline to File Motions in Limine Deadline to File:  Proposed Pretrial Conference Order;  Memoranda and Contentions of Fact and Law;  Joint Witness List;  Joint Exhibit List and Exhibit Stipulation;  Proposed Verdict Form(s);  Proposed Jury Instructions / Disputed Jury Instructions;  Proposed Voir Dire Questions;  Joint Statement of the Case  Joint Report re: Settlement  Objections to Deposition Designations Last Date for Hearing Motions* Last Date to Conduct Settlement Conference Expert Discovery Cutoff Percipient/Fact Discovery Cutoff 5 days before trial 1 week and 1 day before trial 3 weeks and 1 day before trial 3 weeks and 6 days before trial 4 weeks and 1 day before trial 10 weeks and 1 day before trial 11 weeks and 1 day before trial 14 weeks and 1 day before trial 17 weeks and 1 day before trial Last Date to Hear Motions to Amend Pleadings or Add Parties 12 weeks after Notice of Sch. Date Updated August 2025 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 v.8/25 25 * This does not apply to motions for class certification, which must be filed in accordance with Local Rule 23-3 unless the Court expressly orders otherwise. v.8/25

=== Scheduling and Case Management Order (Notice) (BENCH TRIAL) 8-25 ===

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), SCHEDULING AND CASE Case: CV -ODW(x) v. Defendant(s), MANAGEMENT ORDER (BENCH TRIAL) FOR CASES ASSIGNED TO JUDGE OTIS D. WRIGHT, II This Order is to advise the parties and counsel of the schedule that will govern this case. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES. These dates and requirements are firm. The Court is unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. / / / / / / / / / v.8/25 IT IS HEREBY ORDERED: 1. To secure the just, speedy, and inexpensive determination of every action, all counsel are ordered to familiarize themselves with and follow the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. This Court follows these rules and they will govern this litigation unless otherwise provided in this Order. 2. Because this Order in some respects modifies or adds to the Local Rules, counsel are advised to read it carefully. Counsel are advised to pay particular attention to the requirements of the Court with respect to the filing of motions for summary judgment and documents to be submitted at the Final Pretrial Conference and Trial. 3. The attorney attending any proceeding before this court must be an attorney who is thoroughly knowledgeable about the case, responsible for the conduct of the litigation, and who has authority to enter into stipulations and to make admissions regarding all matters that the participants reasonably anticipate may be discussed. Lead counsel who will actually try the case must attend the Pretrial Conference. A party who is not represented must attend all proceedings in person. 4. Courtesy Copies: The Court requires courtesy copies only for Motions for Summary Judgment, motions necessitating a substantial evidentiary record, and pretrial documents. FOR THESE FILINGS ONLY, the Court requires one mandatory chambers copy of all related filed documents. USB flash drives should be submitted in lieu of compact discs. Chambers copies shall be delivered to and placed in the Judge’s courtesy box, located outside of the Clerk’s office on the 4th floor. Chambers copies of under seal documents shall be placed together in a manilla envelope labeled “UNDER SEAL.” Courtesy copies DO NOT need to be blue-backed. All courtesy copies of pretrial documents (e.g. witness lists, exhibit lists, pretrial conference orders, jury instructions, etc.) shall be three-hole punched and placed in a three-ring binder as described below. 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 v.8/25 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. Discovery Cut-Off: Percipient and expert discovery shall be completed by the discovery cut-off dates specified on the last page of this Order. THIS IS NOT THE DATE BY WHICH DISCOVERY REQUESTS MUST BE SERVED; IT IS THE DATE BY WHICH ALL DISCOVERY IS TO BE COMPLETED. Any motion challenging the adequacy of responses to discovery must be heard sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted. In an effort to provide further guidance to the parties, the Court notes the following: a. Depositions: All depositions shall be scheduled to 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 prior to the cut-off date. b. Written Discovery: All interrogatories, requests for production of documents, and requests for admissions shall 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. c. Discovery Motions: Whenever possible, the Court expects the parties to resolve discovery issues among themselves in a courteous, reasonable, and professional manner. The Magistrate Judge assigned to this case will rule on discovery motions. (The Magistrate Judge’s initials follow the district judge’s initials next to the case number on the first page of this Order.) Counsel are directed to contact the Magistrate Judge’s courtroom deputy clerk (CRD) to schedule a hearing on any discovery related matters. Counsel should NOT deliver courtesy copies of these discovery documents to this Court. d. Expert Discovery: If expert witnesses are to be called at trial, the parties shall designate affirmative experts to be called at trial and provide reports required by Federal Rule of Civil Procedure 26(a)(2)(B) not later than eight weeks prior to the expert discovery cut-off date. Rebuttal expert witnesses shall be designated v.8/25 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 and reports provided as required by Rule 26(a)(2)(B) not later than five weeks prior to the expert discovery cut-off date. Failure to timely comply with deadlines may result in the expert being excluded as a trial witness. 6. Motions and Motion Cut-Off Date a. General Provisions: All law and motion matters, except for motions in limine, must be set for hearing (not filing) by the motion cut-off date specified on the last page of this Order. This Court hears motions in civil matters on Mondays at 1:30 p.m. The parties must adhere to the requirements of the Local Rules. See Local Rules 6-1 & 7-1 et seq. If any party does not oppose a motion, that party shall submit a written statement that it does not oppose the motion in accordance with Local Rule 7-9. The parties should note that failure to meet the time limits for filing an opposition set forth in Local Rule 7-9 shall be deemed consent to the granting of the motion. See Local Rule 7-12. The title page of all motions must state the Pretrial Conference date and the Trial date. Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference seven days in advance of filing any motion, “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” Counsel must comply with Local Rule 11-6, which requires counsel to include a certificate that the document complies with the type-volume limitation of Local Rule 11-6.1 and this Court. Issues left undetermined after the passage of the motion cut-off date should be listed as issues for trial in the Final Pre-Trial Conference Order. As an exception to the above, motions in limine dealing with evidentiary matters may be heard pursuant to the schedule specified on the last page of this Order. b. Meeting and Conferring: The Parties are required to meet and confer with opposing counsel prior to the filing of a motion or ex parte application under Local Rule 7-3. The Court notes that it is the responsibility of both parties to meet and confer in good faith on any disputed issues. The Court will impose sanctions, including v.8/25 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 monetary sanctions and/or the summary denial of a motion, if either party fails to meet and confer in good faith or fails to reasonably narrow the issues in dispute. c. Ex Parte Applications: Ex parte practice is discouraged. See Mission Power Eng’g v Co. v. Continental Cas. Co., 883 F. Supp. 488 (C.D. Cal. 1995). The Court will require strict adherence to proper ex parte procedures for any ex parte application filed with the Court. Id. at 492; see also Judge Wright’s Standing Order and Local Rule 7-19. Any opposition to an ex parte application must be filed within 24 hours. Failure to submit a timely opposition constitutes consent to the granting of the application. See Local Rule 7-12. No party may file a reply unless expressly authorized by the Court. All ex parte applications will be decided on the papers and without a hearing unless the Court orders otherwise. d. Applications and Stipulations to Extend Time: Applications to extend the time to file any required document or to continue any hearing, Pretrial Conference, or Trial date must set forth the following: (i) The existing due date or hearing date, as well as the discovery cut- off date, the Pretrial Conference date, and the Trial date; (ii) Specific, concrete reasons supporting good cause for granting the extension; and (iii) Whether there have been prior requests for extensions, and whether these requests were granted or denied by the Court. The parties are cautioned that the Court will not necessarily grant an extension or continuance simply because all parties have stipulated to it. e. Joinder of Parties and Amendment of Pleadings: The deadline for joining parties and amending pleadings is set forth on the last page of this Order. Any motions to join other parties or for leave to amend the pleadings shall be set for hearing on or before this date. If any party moves to amend a pleading after this date, they must address the propriety of amendment under Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992). v.8/25 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 In addition to the requirements of Local Rule 15-1, all motions to amend the pleadings shall: (1) state the effect of the amendment; (2) be serially numbered to differentiate the amendment from previous amendments; and (3) state the page, line number(s), and wording of any proposed change or addition of material. The parties shall deliver to Chambers a redlined version of the proposed amended pleading indicating all additions and deletions of material. The failure to comply with the above may result in denial of a motion to amend. f. Summary Judgment Motions: Parties need not wait until the motion cutoff to bring motions for summary judgment or partial summary judgment. Early completion of non-expert discovery and filing of motions for summary judgment may eliminate or reduce the need for expensive expert depositions that are normally conducted in the last stages of discovery. However, the Court requires that the party moving for summary judgment will provide no less than thirty-five (35) days’ notice for such motions. Because summary judgment motions are fact-dependent, parties should prepare papers in a fashion that will assist the Court in absorbing the mass of facts (e.g., generous use of tabs, tables of contents, headings, indices, etc.). The parties are to comply precisely with Local Rule 56-1 through 56-4. The Court will also require adherence to the following requirements: (i) Statement of Uncontroverted Facts and Statement of Genuine Issues of Material Fact The movant’s Separate Statement of Uncontroverted Facts is to be prepared in a two column format. The left-hand column should set forth the allegedly undisputed fact. The right-hand column should set forth the evidence that supports the factual statement. The factual statements should be set forth in sequentially numbered paragraphs. Each paragraph should contain a narrowly focused statement of fact. Each numbered paragraph should address a single subject in as concise a manner as possible. The opposing party’s Statement of Genuine Issues of Material Fact must be in two columns and track the movant’s Separate Statement exactly as prepared. The v.8/25 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 document must be in two columns; the left-hand column must restate the allegedly undisputed fact, and the right-hand column must indicate either undisputed or disputed. See Local Rule 56-2. The opposing party may dispute all or only a portion of the statement, but if disputing only a portion, must clearly indicate what part is being disputed. Where the opposing party is disputing the fact in whole or part, the opposing party must, in the right-hand column, label and restate the moving party’s evidence in support of the fact, followed by the opposing party’s evidence controverting the fact. Where the opposing party is disputing the fact on the basis of an evidentiary objection, the party must cite the evidence alleged to be objectionable and state the ground of the objection and nothing more. No argument should be set forth in this document. The opposing party may submit additional material facts that bear on or relate to the issues raised by the movant, which shall follow the format described above for the moving party’s Separate Statement. These additional facts shall follow the movant’s facts, shall continue in sequentially numbered paragraphs (i.e., if movant’s last statement of fact was set forth in paragraph 30, then the first additional statement of fact will be set forth in paragraph 31), and shall set forth in the right-hand column the evidence that supports that statement. The moving party, in its reply, shall respond to the additional facts in the same manner and format that the opposing party is required to adhere to in responding to the Statement of Uncontroverted Facts, as described above. Additional material facts left unaddressed will be deemed undisputed. See Local Rule 56-4. The Court is not obligated to look any further in the record for supporting evidence other than what is actually and specifically referenced in the Statement of Uncontroverted Facts, the Statement of Genuine Disputes of Material Fact, and the Response to Statement of Genuine Disputes. See Local Rule 56-4. The following conduct in connection with a motion for summary judgment shall be grounds for sanctions under Federal Rule of Civil Procedure 11: (1) disputing a material fact without any reasonable basis for doing so; v.8/25 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 (2) identifying additional facts in opposition to the motion without any reasonable basis for believing that the additional facts will materially affect the outcome of the motion. (ii) Supporting Evidence No party should submit any evidence other than the specific items of evidence or testimony necessary to support or controvert a proposed statement of undisputed fact. Thus, for example, the entire transcripts of depositions and/or entire sets of interrogatory responses should generally not be submitted in support of or in opposition to a motion for summary judgment. Evidence submitted in support of or in opposition to a motion for summary judgment should be submitted either by way of stipulation or as exhibits to a declaration sufficient to authenticate the proffered evidence, and should not be attached to the memorandum of points and authorities. The Court will accept counsel’s authentication of deposition transcripts, written discovery responses, and the receipt of documents in discovery if the fact that the document was in the opponent’s possession is of independent significance. Documentary evidence as to which there is no stipulation regarding foundation must be accompanied by the testimony, either by declaration or properly authenticated deposition transcript, of a witness who can establish its authenticity. All evidence in support of or in opposition to a motion for summary judgment, including declarations and exhibits to declarations, shall be separated by a tab divider on the bottom of the page. If evidence in support of or in opposition to a motion for summary judgment exceeds twenty pages, the evidence must be in a separately bound volume and include a Table of Contents. If the supporting evidence exceeds fifty pages, the documents shall be placed in a Slant D-Ring binder with each item of evidence separated by a tab divider on the right side. All documents contained in the binder should be three-hole-punched. Alternatively, parties may submit USB flash drives with supporting evidence in portable document format (PDF) files. v.8/25 8 The PDF files must be named in accordance with each exhibit’s nomenclature (i.e., Ex. A, Ex. B, etc.). If a PDF file contains more than one exhibit, that PDF must include a Table of Contents and each exhibit must be bookmarked with the exhibit nomenclature. (iii) Objections to Evidence If a party disputes a fact based in whole or in part on an evidentiary objection, the ground for the objection, as indicated above, should be stated in the Separate Statement, but not argued in that document. Evidentiary objections should be addressed in a separate memorandum to be filed with the opposition or reply brief of the party. This memorandum should be organized to track the paragraph numbers of the Separate Statement in sequence. It should identify the specific item of evidence to which objection is made, the ground for the objection, and a very brief argument with citation to authority as to why the objection is well taken. The following is an example of the format contemplated by the Court: Separate Statement Paragraph 1: Objection to the supporting deposition transcript of Jane Smith at 60:1–10 on the grounds that the statement constitutes inadmissible hearsay and no exception is applicable. To the extent it is offered to prove her state of mind, it is irrelevant since her state of mind is not in issue. Fed. R. Evid. 801, 802. DO NOT SUBMIT BLANKET OR BOILERPLATE OBJECTIONS TO THE OPPONENT’S STATEMENTS OF UNDISPUTED FACT. THESE WILL BE DISREGARDED AND OVERRULED. (iv) Memorandum of Points and Authorities The movant’s memorandum of points and authorities should be in the usual form required under Local Rule 7 and should contain a narrative statement of facts as to those aspects of the case that are before the Court. All facts should be supported with citations to the paragraph number in the Separate Statement that supports the factual assertion. 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 v.8/25 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Unless the case involves some unusual twist, the motion need only contain a brief statement of the Federal Rule of Civil Procedure 56 standard; the Court is familiar with the Rule and with its interpretation under Celotex and its progeny. If at all possible, the argument should be organized to focus on the pertinent elements of the claim(s) for relief or defense(s) in issue, with the purpose of showing the existence or non-existence of a genuine issue of material fact for trial on that element of the claim or defense. Likewise, the opposition memorandum of points and authorities should be in the usual form required by Local Rule 7. Where the opposition memorandum sets forth facts, the memorandum should cite to paragraphs in the Separate Statement if they are not in dispute, to the evidence that contravenes the fact where the fact is in dispute, or, if the fact is contravened by an additional fact in the Statement of Genuine Issues of Material Fact, the citation should be to such fact by paragraph number. g. Avoid Composite Motions: Unless clearly justified under the circumstances of the case, “motions to dismiss or in the alternative for summary adjudication” are discouraged. These composite motions tend to blur the distinctions between the two motions. h. Motions in Limine: Before filing any motion in limine, counsel for the parties shall confer pursuant to Local Rule 7-3 in a good faith effort to eliminate the necessity for hearing the motion in limine or to eliminate as many of the disputes as possible. It shall be the responsibility of counsel for the moving party to arrange for this conference. The motion papers must include a declaration showing a good faith meet and confer effort. The conference shall take place in person within 10 calendar days of service upon opposing counsel of a letter requesting such a conference, but in no event later than twenty-one days before the Pre-Trial Conference. The conference may take place by video conference call of telephone only if both counsel are not located in the same county in the Central District. If counsel are unable to resolve their differences, they shall prepare a separate, sequentially-numbered Motion in Limine for each issue in dispute which contains a v.8/25 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 clear caption that identifies the moving party and the nature of the dispute (i.e., “Plaintiff’s Motion in Limine #1 to exclude the testimony of Defendant’s expert”). Neither party may file more than five (5) Motions in Limine absent leave of Court upon a showing of good cause, and leave of Court will be granted sparingly. Motions in Limine in excess of a party’s first five will be stricken. Each Motion in Limine shall contain a clear identification of the testimony, exhibits, or other specific matters alleged to be inadmissible and/or prejudicial and a statement of the specific prejudice that will be suffered by the moving party if the motion is not granted. The identification of the matters in dispute shall be followed by the moving party’s contentions and memorandum of points and authorities. The title page of the Motion in Limine must state the Pretrial Conference date, hearing date for the Motions in Limine, and the Trial date. Motions in Limine made for the purpose of precluding the mention or display of inadmissible and/or prejudicial matter in the presence of the jury shall be accompanied by a declaration that includes the following: (1) a clear identification of the specific matter alleged to be inadmissible and/or prejudicial; (2) a representation to the Court that the subject of the motion in limine has been discussed with opposing counsel, and that opposing counsel has either indicated that such matter will be mentioned or displayed in the presence of the jury before it is admitted in evidence or that counsel has refused to stipulate that such matter will not be mentioned or displayed in the presence of the jury unless and until it is admitted in evidence; and (3) a statement of the specific prejudice that will be suffered by the moving party if the motion in limine is not granted. All evidence in support of or in opposition to a motion in limine, including declarations and exhibits to declarations, shall be separated by a tab divider on the bottom of the page. If evidence in support of or in opposition to a motion in limine exceeds twenty pages, the evidence must be in a separately bound volume and include a Table of Contents. Though strongly discouraged, if by necessity the supporting v.8/25 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 evidence exceeds fifty pages, the documents shall be placed in a Slant D-Ring binder with each item of evidence separated by a tab divider on the right side. All documents contained in the binder should be three-hole-punched. For items not conducive to paper format, USC drives should be submitted in lieu of compact discs. Unless otherwise ordered by the Court, motions in limine will be heard on the date specified on the last page of this Order. The moving party shall file with the Court and serve its Motion in Limine on the responding party on or before the date for filing of motions in limine indicated in the Schedule of Trial and Pre-trial Dates. The responding party shall then file with the Court and serve an opposition to the Motion in Limine on the moving party on or before the date specified on the last page of this Order. Neither party’s submissions with respect to a Motion in Limine shall exceed eight (8) pages. Unless ordered otherwise, the Court will only consider the moving papers and any opposition thereto; no replies are necessary or invited. i. Motions for Class Certification: All motions for class certification must be filed according to Local Rule 23-3 and on or before the date specified on the last page of this Order. The Court will rarely grant stipulations or applications to extend that deadline. Specifically, the failure to complete class discovery before the deadline does not constitute good cause to extend the deadline, unless the parties show specific and concrete reasons why, despite their diligence, the failure to complete discovery was unavoidable. The Court will consider extensions based on the ordering of issues (e.g., if the defendant seeks to file a dispositive motion before class certification) on a case- by-case basis. Any stipulations or applications for relief must include a specific date by which the plaintiff will move for class certification (the Court will not grant an open-ended extension). j. Oral Argument: The Court, in its discretion, may dispense with oral argument on a motion. Fed. R. Civ. P. 78(b); C.D. Cal. L.R. 7-15. However, the Court also encourages law firms to contribute to the professional development of new attorneys by allowing them to present oral argument to the Court on motions. To that v.8/25 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 end, if any party to a motion files a notice with the Court stating that an attorney with less than four years’ experience will present oral argument, the Court will hold a hearing on that motion. This notice must be filed no later than fourteen days before the hearing. The Court will take into account the attorney’s inexperience when considering their oral arguments. 7. Final Pretrial Conferences and Local Rule 16 Filings Please read this portion carefully, as there are some differences between the Court’s requirements and the Local Rules. a. General Provisions The Final Pretrial Conference (“PTC”) will be held on the date specified on the last page of this Order, unless the Court expressly waived the PTC at the Scheduling Conference. (In the rare cases where the Court waives a PTC, the parties must follow Local Rule 16-10.) If adjustments in the Court’s calendar to accommodate congestion become necessary, the Court may re-schedule the PTC instead of the trial date. Therefore, the parties should assume that if the PTC goes forward, the trial will go forward without continuance, although some brief period of trailing may prove necessary. The lead trial attorney on behalf of each party shall attend both the PTC and all meetings of the parties in preparation for the PTC, unless excused for good cause shown in advance of the PTC. A continuance of the PTC at the parties’ request or by stipulation is highly unlikely. Specifically, failure to complete discovery is not a ground for continuance. In the unlikely event that the Court agrees to continue the PTC, the trial date is likely to be delayed as a result. If a change to the trial date is necessitated or likely because of the Court’s calendar or otherwise, modifications of that date will be discussed at the PTC. At the PTC, the parties should be prepared to discuss means of streamlining the trial, including, but not limited to the following: bifurcation; presentation of v.8/25 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 foundational and non-critical testimony and direct testimony by deposition excerpts; narrative summaries and/or stipulations as to the content of testimony; presentation of testimony on direct examination by affidavit or by declaration subject to cross-examination; and qualification of experts by admitted resumes. The Court will also discuss settlement. b. Courtesy Copies The parties must submit courtesy copies of all PTC documents, to be prepared and delivered to chambers as follows: (i) One copy of all PTC documents (i.e., both plaintiff’s documents and defendant’s documents) shall be delivered to the Court in one three-ring binder; (ii) Each document shall be separated by numerical side-tabs, and shall be placed in the following order: (1) Proposed Pretrial Conference Order; (2) Plaintiff’s Memorandum and Contentions of Facts and Law; (3) Defendant’s Memorandum and Contentions of Facts and Law; (4) Joint Witness List; (5) Joint Exhibit List and Stipulation; (6) Plaintiff’s Proposed Findings of Fact and Conclusions of Law; (7) Defendant’s Proposed Findings of Fact and Conclusions of Law; (8) Joint Report re: Settlement; and (9) Other Pretrial documents; (iii) The binder shall include a Table of Contents. c. Final Pretrial Conference Order (“PTCO”) The proposed PTCO shall be lodged seven calendar days before the PTC, unless the Court specifically orders otherwise. Adherence to this time requirement is necessary for in-chambers preparation of the matter. The form of the proposed PTCO shall comply with Appendix A to the Local Rules and the following: (i) Place in “ALL CAPS AND BOLD” the separately numbered headings for each category in the PTCO (e.g., “1. THE PARTIES” or “7. CLAIMS AND DEFENSES OF THE PARTIES”). v.8/25 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 (ii) Include a Table of Contents at the beginning. (iii) In specifying the surviving pleadings under section 1, state which claims or counterclaims have been dismissed or abandoned, e.g., “Plaintiff’s second cause of action for breach of fiduciary duty has been dismissed.” Also, in multiple party cases where not all claims or counterclaims will be prosecuted against all remaining parties on the opposing side, please specify to which party each claim or counterclaim is directed. (iv) In specifying the parties’ claims and defenses under section 7, each party shall closely follow the examples set forth in Appendix A of the Local Rules. (v) In drafting the PTCO, the Court expects that the parties will attempt to agree on and set forth as many non-contested facts as possible. A carefully drafted and comprehensively stated stipulation of facts will reduce the length of trial and increase the Court’s understanding of the case. It is unacceptable for the parties to indicate in the Proposed Pretrial Conference Order that they are not able to stipulate to any facts whatever. (vi) In drafting the factual issues in dispute for the PTCO, the parties should attempt to state issues in ultimate fact form, not in the form of evidentiary fact issues. The issues of fact should track the elements of a claim or defense on which the Court will be required to make findings. (vii) Issues of law should state legal issues on which the Court will be required to rule during the trial, and should not list ultimate fact issues to be submitted to a trier of fact. (viii) If expert witnesses are to be called at trial, each party must list and identify its respective expert witnesses, both retained and non- v.8/25 15 retained. Failure of a party to list and identify an expert witness in the PTCO could result in a court order which precludes the party from calling that expert witness at trial. (ix) The parties shall submit only ONE proposed PTCO. It is unacceptable to submit multiple or competing proposed PTCOs. See Local Rule 16-7. d. Rule 16 Filings; Memoranda; Witness Lists; Exhibit Lists Unless otherwise indicated, the parties must comply fully with the requirements of Local Rule 16. See the last page of this Order for applicable dates. Memoranda and Contentions of Fact and Law Memoranda of Contentions of Fact and Law shall be filed by the date listed in this Scheduling Order, and shall comply with the requirements set forth in Local Rule 16-4. The parties are strongly encouraged to submit one joint Memorandum where possible. Joint Witness List Counsel shall prepare a joint list of their witnesses, including a brief summary (two to three paragraphs) of each witness’s expected testimony, what makes the testimony unique from any other witness testimony, an estimate of the length of time needed for direct examination of each side’s own witnesses and an estimate for the cross examination of opposing witnesses, and whether the witness will testify by deposition or in person. The joint witness list shall be filed at the same time counsel lodge the PTCO. If a party intends to offer deposition testimony into evidence at trial, the party shall designate the relevant portions of the deposition testimony to be read at trial and advise opposing counsel of same. Opposing counsel shall then designate any additional portions of such deposition testimony which counsel intends to offer in evidence. All objections to any such designated deposition testimony shall be made in writing and filed at the same time counsel lodge the PTCO so that the Court may consider 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 v.8/25 16 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 whether ruling on the objections will facilitate trial or result in the disposition of evidentiary matters that may assist continuing settlement negotiations. If expert witnesses are to be called at trial, each party shall list and identify their respective expert witnesses. Failure of a party to list and identify an expert witness may preclude a party from calling that expert witness at trial. If expert witnesses are to be called at trial, the parties shall exchange at the PTC short narrative statements of the qualifications of the expert and the testimony expected to be elicited at trial. Previously prepared and exchanged expert reports shall not substitute for the narrative statements required. On the first day of trial, the parties must lodge with the Court three (3) copies of the witness list, which shall include the names of the witness in the approximate order in which they may be called to testify. Joint Exhibit List and Exhibit Stipulation The parties shall prepare a joint Pretrial Exhibit Stipulation that shall contain each party’s numbered list of all trial exhibits, with objections, if any, to each exhibit including the basis of the objection and the offering party’s response. All exhibits to which there is no objection shall be deemed admitted. The parties shall stipulate to the authenticity of exhibits whenever possible, and the Pretrial Exhibit Stipulation shall identify any exhibits for which authenticity has not been stipulated to and the specific reasons for the party’s failure to stipulate. The Pretrial Exhibit Stipulation shall be substantially in the following form: Plaintiff(s)’/Defendant(s)’ Exhibits Pretrial Exhibit Stipulation Number Description If Objection, State Grounds Response to Objection The Pretrial Exhibit Stipulation shall be filed at the same time counsel lodge the proposed PTCO. Failure to comply with this paragraph could be deemed to constitute v.8/25 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a waiver of all objections. However, do not submit blanket or boilerplate objections to the opposing party’s exhibits. These will be disregarded and overruled. NOTE: Counsel are instructed not to bring excessive exhibits to trial, but only those exhibits that are reasonably expected to actually be used. All counsel are to meet not later than ten (10) days before trial and to stipulate so far as is possible as to authenticity, foundation, waiver of the best evidence rule, and to those exhibits which may be received into evidence at the start of trial. The exhibits to be so received will be noted on the copies of the exhibit lists. On the first day of trial, the parties must lodge with the Court Clerk three (3) copies of the of the final exhibit list. Proposed Findings of Fact and Conclusions of Law Counsel for each party shall lodge and serve initial proposed findings of fact and conclusions of law with the memorandum and contentions of fact and law. The parties should follow Local Rule 52-3 for the format of the proposed findings. Declarations of Witnesses in Lieu of Direct Testimony Counsel may submit the direct testimony of their witnesses in writing in a declaration executed under penalty of perjury. These declarations shall be in admissible form with appropriate foundation established for the declarant’s statements. Paragraphs in each declaration shall be numbered consecutively to facilitate the identification of paragraphs for evidentiary objections. Counsel are to exchange and file these declarations with the Court at least eleven calendar days before trial, unless otherwise ordered by the Court. Seven calendar days before trial, counsel may file evidentiary objections to those declarations. Counsel shall prepare a separate document for each declaration for which they have an evidentiary objection, in which they shall quote the specific language from the declaration to which they object, followed by the objection and any relevant argument. Counsel shall file any reply or response to the objections by noon on the fourth calendar day before trial. Courtesy copies of the declarations and evidentiary objections shall be deposited in the v.8/25 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Judge’s courtesy box, located outside of the Clerk’s office on the 4th floor on the date due. The Court urges the parties to be judicious with their objections and any arguments in support of or in opposition to those objections. Do not submit blanket or boilerplate objections to the opposing party’s witness declarations. These will be disregarded and overruled. At trial, the Court will rule on the evidentiary objections and, depending upon the ruling, the declarations will be received in evidence, either in whole or in part, or rejected. Counsel will then conduct the cross-examination and re-direct examination at trial. Failure to comply with the literal terms of this Order will result in sanctions or the Court may refuse to allow that witness to testify. e. First Day of Trial Trial Exhibits Counsel must deliver two sets of exhibits to the Court Clerk (one for witnesses and one for the Judge) on the morning of the first day of trial as follows: (i) Counsel shall prepare both sets of the exhibits in 3-ring binders. Holes to be 3/8” in diameter. Notebooks to be tabbed down the right side with numeric tabs separating each exhibit. (ii) The exhibits should be the original exhibits, and should be tagged with Court-approved tags. Court-approved exhibit tags can be obtained from the window on the 4th Floor of the U.S. Courthouse, Los Angeles, CA 90012. The exhibits are to be numbered sequentially, with Plaintiff’s exhibits numbered 1, 2, 3, etc. and Defendant’s exhibits numbered 1000, 1001, 1002, etc. Exhibit numbering must further comply with Local Rule 26-3. Other Documents The Court requires that the following be submitted to the Courtroom Deputy Clerk on the first day of trial (which is in addition to any other documents referenced above): v.8/25 19 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) Judge’s copy of exhibits (as described above). (ii) Witnesses’ copy of exhibits (as described above). (iii) Three (3) copies of the exhibit list. (iv) Three (3) copies of the witness list. In addition to the information otherwise required in the exhibit list, the witnesses shall be listed in the approximate order in which they may be called to testify. (v) The complete original transcript of any depositions to be used at trial. Any items that have not been admitted into evidence and are left in the courtroom overnight without prior approval will be discarded. Real-Time Reporting Requirement Each party must file with the Court, at the same time counsel lodges the PTCO, a document for the Court Reporter that contains proper names, unusual or scientific terms, or any other foreign or uncommon words that are likely to be used by the parties during the PTC and the Trial. 8. Settlement This Court will not conduct settlement conferences in non-jury cases unless counsel for all parties and their respective clients agree either in writing or on the record. The parties must file a Status Report regarding settlement at the time they lodge the proposed PTCO. This Report shall not disclose the parties’ settlement positions, i.e. the terms of any offers or demands. It shall merely describe the efforts made by the parties to resolve the dispute informally, i.e. the occasions and dates when the parties participated in mediation or settlement conferences. The Status Report shall also include the name and phone number of the Settlement Officer who assisted the parties with their settlement conference. Caveat: If counsel fail to file the required Pretrial documents or fail to appear at the Pretrial Conference and such failure is not otherwise satisfactorily explained to the Court: (a) the cause shall stand dismissed for failure to prosecute v.8/25 20 if such failure occurs on the part of the plaintiff; (b) default judgment shall be entered if such failure occurs on the part of the defendant; or (c) the Court may take such action as it deems appropriate. IT IS SO ORDERED. August 11, 2025 ____________________________________ OTIS D. WRIGHT, II 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 v.8/25 21 JUDGE OTIS D. WRIGHT, II SUMMARY OF TRIAL AND PRE-TRIAL DATES (BENCH TRIAL) Event Bench Trial at 9:00 a.m. Estimated Length: XX days Last Date to File Final Trial Exhibit Stipulation Hearing on Motions in Limine at 1:30 p.m. Pretrial Conference at 1:30 p.m. Deadline to File Motions in Limine; Deadline to File:  Proposed Pretrial Conference Order;  Memoranda and Contentions of Fact and Law;  Joint Witness List;  Joint Exhibit List and Exhibit Stipulation;  Proposed Findings of Fact and Conclusions of Law  Joint Report re: Settlement  Deposition Designations and Objections Last Date for Hearing Motions* Last Date to Conduct Settlement Conference Expert Discovery Cutoff Percipient/Fact Discovery Cutoff Date Friday 1 week and 1 day before trial 1 week and 4 days before trial 3 weeks and 4 days before trial 4 weeks and 2 days before trial 4 weeks and 4 days before trial 10 weeks and 4 days before trial 11 weeks and 4 days before trial 14 weeks and 4 days before trial 17 weeks and 4 days before trial Last Date to Hear Motions to Amend Pleadings or Add Parties 12 weeks after Notice of Sch. Date Updated August 2025 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 v.8/25 22 * This does not apply to motions for class certification, which must be filed in accordance with Local Rule 23-3 unless the Court expressly orders otherwise. v.8/25

=== SELF-REPRESENTATION ORDER 2021 ===

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No. CV -ODW(x) SELF-REPRESENTATION ORDER , , Plaintiff, v. Defendants. One or more of the parties to this action has elected to appear pro se. Persons appearing before this Court are not required to retain the services of a lawyer or obtain the advice of counsel. Individual litigants may represent themselves pro se, but corporations and associations must be represented by counsel. See Church of the New Testament v. United States, 783 F.2d 771, 773 (9th Cir. 1986) (unincorporated associations); In re Highley, 459 F.2d 554, 555 (9th Cir. 1972) (corporations). In addition, non-attorney litigants may not represent other individual litigants or trusts for which they serve as trustee. See Johns v. County of San Diego, 114 F.3d 874, 876 (9th Cir. 1997) (minor children); C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697-98 (9th Cir. 1987) (trust); McShane v. United States, 366 F.2d 286, 288 (9th Cir. 1996) (other litigants). A partner may not represent his or her own interest in a partnership pro se, and a sole shareholder may not represent a corporation. See In re Am. West Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (per curiam) (partner); United States v. High Country Broad. Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993) (per curiam) (shareholder). Proceeding pro se is not without its pitfalls, and this Court wishes to make those pitfalls known at the outset of this proceeding: ! ! Generally speaking, non-attorney litigants are less likely to be victorious than those assisted by counsel. The opposing party may have a lawyer, and that lawyer will show you no mercy. That lawyer's duty is to achieve victory for his or her client. He or she will take every step legally permissible to that end. ! The Court is a neutral adjudicator of the law. The role of the judge is to resolve disputes arising between the parties in accordance with the law. As such, the judge cannot assist you, cannot answer your legal questions, and cannot take sides in the dispute. Nor can any members of the judge's staff. ! You will be proceeding alone in a complex area where experience and professional training are greatly desired. Simply put, when you elect to proceed pro se, you are on your own and become personally responsible for litigating your action in accordance with the rules. Practice in the federal courts is governed by the Federal Rules of Civil Procedure. You must become familiar with these rules. You will be held to the same standards as a lawyer as far as complying with court procedures and the rules and regulations of the court system. As litigating an action in federal court often requires a great deal of time, preparation, knowledge, and skill, this Court highly recommends against proceeding without the assistance of counsel. Some attorneys will represent clients on a contingency fee basis, whereby the fees -2- associated with representation are subtracted from a judgment in favor of the client.1/ However, should you wish to continue without counsel – fully understanding the risks – you are hereby ordered to carefully review the remainder of this Order, as it contains instructions for proceeding in this Court which must be followed. This Order, while not comprehensive – and not a substitute for fully familiarizing yourself with the Federal Rules of Civil Procedure, the Federal Rules of Evidence, the Local Rules of Practice for the United States District Court for the Central District of California, the orders of this Court, including the Court’s Standing Order, Scheduling Order, and Civil Trial Order, as well as federal and state case law applicable to this action – is intended to bring certain aspects of law and motion practice to your attention at an early stage in the litigation to remedy problems commonly associated with pro se pleadings.2/ Communications with Chambers: Pursuant to Local Rule 83-2.11, parties shall refrain from writing letters to the judge, making telephone calls to chambers, or otherwise communicating with a judge unless opposing counsel is present. You may contact the Courtroom Deputy, at (213) 894-8266, with appropriate inquiries. The Courtroom Deputy is not an attorney, and will not provide you with any legal advice. The Courtroom Deputy cannot waive any of the requirements of this, or any other, Order. Should you wish to bring any matter to the attention of the Court, you must do so in writing, and file it and serve it on the opposing party. The Court's Electronic Document Submission System ("EDSS") allows people without lawyers who have pending cases in the United States District Court for the Central District of California or who wish to file a new case to submit documents electronically to the Clerk's Office. To access EDSS and for additional information, visit the Court's website at https://apps.cacd.uscourts.gov/edss 1/ The Los Angeles County Bar Association Lawyer Referral and Information Services may be able to refer you to a lawyer who may or may not be willing to take your case on a contingency basis. The lawyer referral service may be reached at (213) 243-1525. 2/ This Court’s orders and the Local Rules of Practice for the United States District Court for the Central District of California are available on the district court’s website: www.cacd.uscourts.gov -3- Jurisdiction: The Federal Rules of Civil Procedure require that “[a] pleading which sets forth a claim for relief ... shall contain (1) a short and plain statement of the grounds upon which the court’s jurisdiction depends.” Fed. R. Civ. P. 8(a). This District’s Local Rules further provide that “[t]he statutory or other basis for the exercise of jurisdiction by this Court shall be plainly stated in . . . any document invoking this Court’s jurisdiction.” Local Rule 8-1. A copy of Fed. R. Civ. P. 8 is attached. This is extremely important. Unlike state courts, federal courts are not courts of general jurisdiction, and can only preside over matters authorized by the Constitution and Congress. Bender v. Williamsport Area Sch. Dist., 475 U.S. 534, 541, 106 S. Ct. 1326, 1331, 89 L. Ed. 2d 501 (1986). In other words, the party filing the action must prove to the Court that jurisdiction over the action exists before the Court can reach the merits of the complaint. See Smith v. McCullough, 270 U.S. 456, 459, 46 S. Ct. 338, 339, 70 L. Ed. 682 (1926) (A “plaintiff, suing in federal court, must show in his pleading, affirmatively and distinctly, the existence of whatever is essential to federal jurisdiction . . . .”). Federal jurisdiction may be alleged either pursuant to 28 U.S.C. section 1331 for actions “arising under the Constitution, laws, or treaties of the United States,” otherwise known as “federal question” jurisdiction, or 28 U.S.C. section 1332 as an action “between citizens of different States,” otherwise known as “diversity” jurisdiction. To allege federal question jurisdiction, the complaint should identify which right(s) the plaintiff(s) claim(s) have been violated, and which law, statute, or constitutional amendment provides that right. See Keniston v. Roberts, 717 F.2d 1295, 1298 (9th Cir. 1983). Diversity jurisdiction has two requirements. First, diversity jurisdiction requires complete diversity of citizenship, that is, all plaintiffs must have a different citizenship from all defendants. See Owen Equipment & Erection Co. v. Kroger, 437 U.S. 365, 373, 98 S. Ct. 2396, 2402, 57 L. Ed. 2d 274 (1978). Residence and citizenship are distinct concepts, with significantly different jurisdictional ramifications: “[i]n order to be a citizen of a State within the meaning of the diversity statute, a natural person must both be a citizen of the United States and be domiciled within the State.” Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, -4- 828, 109 S. Ct. 2218, 2221, 104 L. Ed. 2d 893 (1989). “A person’s domicile is her permanent home, where she resides with the intention to remain or to which she intends to return. A person residing in a given state is not necessarily domiciled there, and thus is not necessarily a citizen of that state.” Kanter v. Warner-Lambert Co., 265 F.3d 853, 857 (9th Cir. 2001) (citations omitted). Corporations are citizens of both their state of incorporation and the state in which they have their principal place of business. 28 U.S.C. § 1332(c)(1); see also New Alaska Dev. Corp. v. Guetschow, 869 F.2d 1298, 1300-01 (9th Cir. 1989). Unincorporated associations are citizens of the states of each member. See Fifty Associates v. Prudential Ins. Co. of Am., 446 F.2d 1187, 1190 (9th Cir. 1970). Second, when jurisdiction is based on diversity of citizenship, district courts do not have original jurisdiction unless a party alleges an amount in controversy exceeding $75,000. 28 U.S.C. § 1332(a). Finally, you should understand that it is insufficient for a party to merely claim that jurisdiction exists. Sufficient facts must be alleged to allow the Court to assess whether it has jurisdiction over the action. Service: Service is the formal delivery of a legal pleading. The Federal Rules of Civil Procedure have different requirements for service to be effective depending on the type of entity to be served: service on an individual within the United States is governed by Fed. R. Civ. P. 4(e), corporations and associations must be served in conformity with Rule 4(h), the United States and it agencies must be served pursuant to Fed. R. Civ. P. 4(i), and state and local governmental units require service under Fed. R. Civ. P. 4(j). Time limits for service of the complaint are set forth in Fed. R. Civ. P. 4(m). It is important to promptly and properly serve the opposing party, especially with the summons and complaint when initiating an action, because failure to serve within the time limits specified by the Federal Rules may result in the dismissal of your action for lack of prosecution. You must always inform the Court whenever you serve a filing on an opposing party; this is done by filing a proof of service. See Fed. R. Civ. P. 4(l). Discovery: Discovery is the mechanism by which the parties to an action collect evidence relating to the case from one another. Certain information is expected to be provided -5- to the other side without a request. See Fed. R. Civ. P. 26(a). If the other side seeks to obtain discovery from you, you must cooperate and provide the information sought on “any matter, not privileged, that is relevant to the claim or defense of any party.” Fed. R. Civ. P. 26(b)(1). The principal forms of discovery envisioned by the Federal Rules are the production and inspection of documents, requests for admissions, depositions and interrogatories. Discovery disputes are resolved by, and should be brought to the attention of, the magistrate judge assigned to the action. Discovery should begin early in the litigation and may commence prior to the Scheduling Conference. Motions: Motions are requests to this Court to make a specified ruling or order. The opposing party may file a motion to dismiss your action, pursuant to Fed. R. Civ. P. 12, or a motion for summary judgment pursuant to Fed. R. Civ. P. 56. If the opposing party files and serves a motion on you, you must oppose it if you disagree with the requested relief. Failure to oppose an otherwise properly supported motion may result in the Court granting that motion. See Local Rule 7-12. Depending on the motion, this may result in the dismissal of your case. To oppose a motion, you must present the Court with a statement explaining the basis of your opposition and the legal authority supporting your contentions. You must also file any evidence upon which you intend to base your opposition to a motion for summary judgment. Pursuant to Local Rule 7-9, your opposition is due not later than twenty-one (21) days before the date designated for the hearing of the motion. If you need additional time to oppose the motion, you must file and serve an ex parte application requesting an extension of time prior to the date on which your opposition is due, and must demonstrate that the additional time you seek is warranted and that the requested extension is not a crisis of your creation, thus precluding you from seeking ex parte relief. See Mission Power Eng’g Co. v. Continental Cas. Co., 883 F. Supp. 488, 492 (C.D. Cal. 1995). Motion to Dismiss: A Fed. R. Civ. P. 12(b)(6) motion to dismiss for failure to state a claim tests the legal sufficiency of the claims asserted in the complaint. Under Fed. R. Civ. P. 12(b)(6), a motion to dismiss can be made and granted when the complaint fails “to state a claim -6- upon which relief can be granted.” Dismissal under Rule 12(b)(6) is appropriate where the complaint lacks a cognizable legal theory or sufficient facts to support a cognizable legal theory. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990). To sufficiently state a claim to relief and survive a 12(b)(6) motion, a complaint’s “[f]actual allegations must be enough to raise a right to relief above the speculative level.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). Mere “labels and conclusions” or a “formulaic recitation of the elements of a cause of action will not do.” Id. Rather, “[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, __ U.S. __, 129 S.Ct. 1937, 1949, 173 L. Ed. 2d 868 (2009) (internal quotation marks omitted). “The plausibility standard is not akin to a probability requirement, but it asks for more than a sheer possibility that a defendant has acted unlawfully. Where a complaint pleads facts that are merely consistent with a defendant’s liability, it stops short of the line between possibility and plausibility of entitlement to relief.” Id. (internal citation and quotation marks omitted). In deciding whether to grant a motion to dismiss, the court must accept as true all “well- pleaded factual allegations.” Iqbal, 129 S. Ct. at 1950. A court is not, however, “required to accept as true allegations that are merely conclusory, unwarranted deductions of fact, or unreasonable inferences.” Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001); see, e.g., Doe I v. Wal-Mart Stores, Inc., __F.3d __, 2009 WL 1978730, at *3 (9th Cir. July 10, 2009) (“Plaintiffs’ general statement that Wal-Mart exercised control over their day-to- day employment is a conclusion, not a factual allegation stated with any specificity. We need not accept Plaintiffs’ unwarranted conclusion in reviewing a motion to dismiss.”). Thus, the Ninth Circuit has summarized the governing standard, in light of Twombly and Iqbal, as follows: “In sum, for a complaint to survive a motion to dismiss, the non-conclusory factual content, and reasonable inferences from that content, must be plausibly suggestive of a claim entitling the plaintiff to relief.” Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009) (internal quotation marks omitted). Motion for Summary Judgment: Summary judgment may be granted when there are -7- no material facts in dispute between the parties, making a trial unnecessary. To resist summary judgment under Fed. R. Civ. P. 56, you must submit affidavits or other documentary evidence, such as depositions and answers to interrogatories, which set forth specific facts showing there is a genuine issue for trial. Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). Failure to do so may result in the entry of summary judgment against you. You should also note that Rule 56(e) requires that affidavits or declarations shall be made on personal knowledge, set forth facts that are admissible as evidence, and show affirmatively that the affiant is competent to testify to the matters stated therein. A copy of Fed. R. Civ. P. 56 is attached. Should you fail to contradict the moving party with counter-affidavits, declarations or other evidence, the moving party’s evidence may be taken as the truth, and final judgment may be entered against you without a trial, thus ending your case. Rand v. Rowland, 154 F.3d 952, 960-61 (9th Cir. 1998). To effectively address a summary judgment motion, you should be aware of, and familiar with, the following United States Supreme Court cases on summary judgment: Celotex v. Catrett, 477 U.S. 317, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S. Ct. 1348, 89 L. Ed. 2d 538 (1986). IT IS SO ORDERED. DATED: , 2021 _________________________________ Otis D. Wright II UNITED STATES DISTRICT JUDGE RULE 8. GENERAL RULES OF PLEADING (a) Claims for Relief. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain (1) a short and plain statement of the grounds upon which the court's jurisdiction depends, unless the court already has jurisdiction and the claim needs no new grounds of jurisdiction to support it, (2) a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief the pleader seeks. Relief in the alternative or of several different types may be demanded. (b) Defenses; Form of Denials. A party shall state in short and plain terms the party's defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If a party is without knowledge or information sufficient to form a belief as to the truth of an averment, the party shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part or a qualification of an averment, the pleader shall specify so much of it as is true and material and shall deny only the remainder. Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, the pleader may make denials as specific denials of designated averments or paragraphs or may generally deny all the averments except such designated averments or paragraphs as the pleader expressly admits; but, when the pleader does so intend to controvert all its averments, including averments of the grounds upon which the court's jurisdiction depends, the pleader may do so by general denial subject to the obligations set forth in Rule 11. (c) Affirmative Defenses. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation. (d) Effect of Failure to Deny. Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided. (e) Pleading to be Concise and Direct; Consistency. (1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required. (2) A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as the party has regardless of consistency and whether based on legal, equitable, or maritime grounds. All statements shall be made subject to the obligations set forth in Rule 11. (f) Construction of Pleadings. All pleadings shall be so construed as to do substantial justice. Rule 12. DEFENSES AND OBJECTIONS--WHEN AND HOW PRESENTED--BY PLEADING OR MOTION--MOTION FOR JUDGMENT ON THE PLEADINGS (a) Time to Serve a Responsive Pleading. (1) In General: Unless another time is specified by this rule or a federal statute, the time for serving a responsive pleading is as follows: (A) A defendant must serve an answer: (i) within 21 days after being served with the summons and complaint; or (ii) if it has timely waived service under Rule 4(d), within 60 days after the request for a waiver was sent, or within 90 days after it was sent to the defendant outside any judicial district of the United States. (B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim. (C) A party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time. (2) United States and Its Agencies, Officers, or Employees Sued in an Official Capacity. The United States, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the United States attorney. (3) United States Officers or Employees Sued in an Individual Capacity. A United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States’ behalf must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the officer or employee or service on the United States attorney, whichever is later. (4) Effect of a Motion. Unless the court sets a different time, serving a motion under this rule alters these periods as follows: (A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court’s action; or (B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served. (b) How to Present Defenses. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion: (1) lack of subject-matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19. A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion. (c) Motion for Judgment on the Pleadings. After the pleadings are closed — but early enough not to delay trial — a party may move for judgment on the pleadings. (d) Result of Presenting Matters Outside the Pleadings. If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion. (e) Motion For a More Definite Statement. A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. If the court orders a more definite statement and the order is not obeyed within 14 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order. (f) Motion To Strike. The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act: (1) on its own; or (2) on motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading. -11- (g) Joining Motions. (1) Right to Join. A motion under this rule may be joined with any other motion allowed by this rule. (2) Limitation on Further Motions. Except as provided in Rule 12(h)(2) or (3), a party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion. (h) Waiving and Preserving Certain Defenses. (1) When Some Are Waived. A party waives any defense listed in Rule 12(b)(2)-(5) by: (A) omitting it from a motion in the circumstances described in Rule 12(g)(2); or (B) failing to either: (i) make it by motion under this rule; or (ii) include it in a responsive pleading or in an amendment allowed by Rule 15(a)(1) as a matter of course. (2) When to Raise Others. Failure to state a claim upon which relief can be granted, to join a person required by Rule 19(b), or to state a legal defense to a claim may be raised: (A) in any pleading allowed or ordered under Rule 7(a); (B) by a motion under Rule 12(c); or (C) at trial. (3) Lack of Subject-Matter Jurisdiction. If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action. (i) Hearing Before Trial. If a party so moves, any defense listed in Rule 12(b)(1)-(7) — whether made in a pleading or by motion — and a motion under Rule 12(c) must be heard and decided before trial unless the court orders a deferral until trial. -12- RULE 56. SUMMARY JUDGMENT (a) (b) By a Claiming Party. A party claiming relief may move, with or without supporting affidavits, for summary judgment on all or part of the claim. By a Defending Party. A party against whom relief is sought may move, with or without supporting affidavits, for summary judgment (c) Time for a Motion, Response, and Reply; Proceedings. (1) These times apply unless a different time is set by local rule or the court orders otherwise: (A) (B) a party may move for summary judgment at any time until 30 days after the close of all discovery; a party opposing the motion must file a response within 21 days after the motion is served or a responsive pleading is due, whichever is later; and (C) the movant may file a reply within 14 days after the response is served. (2) The judgment sought should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law. (d) Case Not Fully Adjudicated on the Motion. (1) Establishing Facts. If summary judgment is not rendered on the whole action, the court should, to the extent practicable, determine what material facts are not genuinely at issue. The court should so determine by examining the pleadings and evidence before it and by interrogating the attorneys. It should then issue an order specifying what facts — including items of damages or other relief — are not genuinely at issue. The facts so specified must be treated as established in the action. (2) Establishing Liability. An interlocutory summary judgment may be rendered on liability alone, even if there is a genuine issue on the amount of damages. (e) Affidavits; Further Testimony. (1) In General. A supporting or opposing affidavit must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated. If a paper or part of a paper is referred to in an affidavit, a sworn or certified copy must be attached to or served with the affidavit. The court may permit an affidavit to be supplemented or opposed by depositions, answers to interrogatories, or additional affidavits. (2) Opposing Party's Obligation to Respond. When a motion for summary judgment is properly made and supported, an opposing party may not rely merely on allegations or denials in its own pleading; rather, its response must — by affidavits or as otherwise provided in this rule — set out specific facts showing a genuine issue for trial. If the opposing party does not so respond, summary judgment should, if appropriate, be entered against that party. (f) When Affidavits Are Unavailable. If a party opposing the motion shows by affidavit that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: (1) deny the motion; (2) order a continuance to enable affidavits to be obtained, depositions to be taken, or other discovery to be undertaken; or (3) issue any other just order. (g) Affidavits Submitted in Bad Faith. If satisfied that an affidavit under this rule is submitted in bad faith or solely for delay, the court must order the submitting party to pay the other party the reasonable expenses, including attorney's fees, it incurred as a result. An offending party or attorney may also be held in contempt.

=== STANDING MINUTE ORDER-NEW CASES ===

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Date Case No. -ODW(x) Title Present: The Honorable OTIS D. WRIGHT II, UNITED STATES DISTRICT JUDGE Sheila English Deputy Clerk None Present Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None None Proceedings: MINUTE ORDER (IN CHAMBERS) This action has been assigned to the calendar of Judge Otis D. Wright II. *** EFFECTIVE IMMEDIATELY*** No mandatory chambers copies required, EXCEPT FOR motions for summary judgment and any other evidence-heavy motions. Counsel are STRONGLY encouraged to review the Central District’s website for additional information. The address is “http://www.cacd.uscourts.gov.” It is not necessary to clear a motion date with the Court Clerk prior to filing the motion. The Court hears motions on Mondays, Criminal at 10:30 a.m. and Civil at 1:30 p.m. The Court’s Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the United States District Court for the Central District of California to submit documents electronically to the Clerk’s Office. To access EDSS and for additional information, visit the Court’s website at “http://apps.cacd.uscourts.gov/edss.” The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS, will remain the same: all proposed sealed documents must be submitted via e-mail to the Judge’s Chambers email address at [email protected], excluding those submitted by pro se parties and “IN CAMERA” filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judge’s procedures and schedules for detailed instructions for submission of sealed documents. ** ATTENTION ECF Attorneys---Chambers Email Addresses are available under your Utilities menu. ** Initials of Preparer se : 00 CV-90 (9/24) CIVIL MINUTES - GENERAL Page 1 of 1