Hon. Anne Hwang · U.S. District Court for the Central District of California
=== AH-Civil Pretrial Schedule and Trial Order (9-3-25) ===
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 No. Plaintiff, CIVIL PRETRIAL SCHEDULE AND TRIAL ORDER v. Defendant. , , The Scheduling Conference scheduled for [date] is hereby VACATED. The Scheduling Order governing this action is set forth in the Schedule of Pretrial and Trial Dates chart below. The box in the upper right-hand corner of the chart states whether the trial will be by jury or by the Court. If the parties seek to set additional dates, they may file a stipulation and proposed order. This may be appropriate in class actions, patent cases, or cases for benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”). The parties are advised that the discovery cut-off date is the last day by which all depositions must be completed, responses to previously served written discovery must be provided, and motions concerning discovery disputes must be heard, not 1 filed. In other words, any motion challenging the adequacy of discovery responses must be filed timely, served, and calendared sufficiently in advance of the relevant discovery cut-off date to permit the responses to be obtained before that date, if the motion is granted. The parties should refer to the Court’s Standing Order for requirements regarding specific motions, discovery, certain types of filings, courtesy copies, emailing signature items to Chambers, and other matters pertaining to all cases. A copy of the Court’s Standing Order is available on Judge Hwang’s webpage at www.cacd.uscourts.gov/honorable-anne-hwang. Both the Court and all counsel bear responsibility for the progress of litigation in this Court. “Counsel,” as used in this Order, includes parties who are represented by counsel and parties who have elected to appear without counsel and are representing themselves in this litigation (hereinafter referred to as “pro se litigants”). Counsel, including pro se litigants, must comply with this Order, the Federal Rules of Civil Procedure, and the Local Rules of the Central District of California. See Local Rules 1-3, 83-2.2.3. All Doe defendants remaining are dismissed by operation of this Order and without further notice. The Court has reviewed the Joint Rule 26(f) Report and sets the pretrial and trial dates noted in the table below based on an evaluation of the complexity of the case. The deadlines below will not be continued absent a timely showing of good cause. All emailed submissions to Chambers referred to in this Order must be in Word format and emailed to [email protected]. 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 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 DISTRICT JUDGE ANNE HWANG SCHEDULE OF PRETRIAL AND TRIAL DATES Trial and Final Pretrial Conference Dates Court Order Trial [Tuesday] at 8:30 a.m. ☐ Jury Trial or ☐ Bench Trial Est. _ Days1 Final Pretrial Conference [L.R. 16], Hearing on Motions in Limine [Wednesday] Event Note: Hearings shall be on Wednesdays at 1:30 p.m.2 Court Order Last Date to Hear Motion to Amend Pleadings or Add Parties [Wednesday] Fact Discovery Cutoff3 Expert Disclosure (Initial) Expert Disclosure (Rebuttal) Expert Discovery Cutoff Last Date to Hear Motions [Wednesday] Parties shall take note of the Court’s briefing schedule as set forth in the Civil Standing Order, found on Judge Hwang’s webpage Deadline to Complete Settlement Conference [L.R. 16-15] 4 ☐ 1. Magistrate Judge ☐ 2. Court Mediation Panel ☐ 3. Private Mediation 1 This estimate represents the Court’s assessment of the number of trial days needed for this case. Any requests for additional trial days must be made at the time of the deadline for Trial Filings (First Round). The Court will make a final determination on the days needed for trial at the FPTC. 2 By default, all hearings shall proceed in person, unless a request is made by the parties. 3 Any motions to compel must be filed and heard before the discovery cutoff. 4 As stated in the Court’s Order Setting Scheduling Conference, no case will proceed to trial unless all parties, including an officer with full settlement authority for corporate parties, have appeared personally at an ADR proceeding. 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 Trial Filings (first round)5 Motions in Limine6 Memoranda of Contentions of Fact and Law [L.R. 16-4] Joint Witness List Joint Exhibit List [L.R. 16-6.1] Joint Status Report Regarding Settlement Proposed Findings of Fact and Conclusions of Law [L.R. 52] (bench trial only) Declarations containing Direct Testimony, if ordered (bench trial only) Requests for judicial notice Trial Filings (second round) Oppositions to Motions in Limine Joint Proposed Final Pretrial Conference Order [L.R. 16-7] Joint Agreed Upon Proposed Jury Instructions (jury trial only) Disputed Proposed Jury Instructions (jury trial only) Joint Proposed Verdict Forms (jury trial only) Joint Proposed Statement of the Case (jury trial only) Proposed Voir Dire Questions, if any (jury trial only) Evidentiary Objections to Declarations of Direct Testimony (bench trial only) Table of challenged exhibits Deposition designations as to which the parties have any dispute or objection 5 All trial filings must be filed as well as emailed in Word version to the chambers email box at [email protected]. 6 Each party may file no more than five (5) motions in limine without seeking leave from the Court. 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 A. SCHEDULE OF PRETRIAL AND TRIAL DATES 1. Discovery Cutoff and Discovery Motions. (a) Generally. Counsel are expected to comply with the Federal Rules of Civil Procedure and all Local Rules concerning discovery. Pro se litigants are entitled to discovery to the same extent as litigants represented by counsel. The Court allows discovery to commence as soon as the first answer or motion to dismiss is filed. The parties should note that absent exceptional circumstances, discovery shall not be stayed while any motion is pending, including any motion to dismiss or motion for protective order. Whenever possible, the Court expects counsel to resolve discovery disputes among themselves in a courteous, reasonable, and professional manner. The Court expects that counsel will adhere strictly to the Civility and Professionalism Guidelines (available on the Central District’s website under Information for Attorneys > Attorney Admissions). (b) Fact and Expert Discovery Cutoffs. The cut-off date for discovery is not the date by which discovery requests must be served; it is the date by which all discovery, including all hearings on any related motions, must be completed. Thus, written discovery must be served and depositions must begin sufficiently in advance of the discovery cut-off date to permit the propounding party enough time, if the party chooses, to challenge via motion practice any responses the party asserts are deficient. (c) Expert Disclosures. All expert disclosures must be made in writing. The parties should begin expert discovery shortly after the initial designation of experts. The Final Pretrial Conference (“FPTC”) and trial dates will not be continued merely because expert discovery has not been completed. Failure to comply with these or any other orders concerning expert discovery may result in the expert being excluded as a witness. (d) Discovery Motions. Discovery motions are handled by the Magistrate Judge assigned to the case. Any motion challenging the adequacy of 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 discovery responses must be filed, served, and calendared before the assigned Magistrate Judge sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted. The parties are expected to meet and confer to attempt to resolve discovery disputes before filing a discovery motion and must use their best effort to resolve all discovery disputes in a courteous, reasonable, and professional manner. 2. Non-Discovery Motions Deadline. (a) Meet and Confer Requirement. The parties are required under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion. The parties should review the Court’s Standing Order for Civil Cases for instructions regarding motions to dismiss, motions to amend, and other types of motions. The Court employs special procedures for motions under Fed. R. Civ. P. 56 for summary judgment, including the parties’ preparation of a joint brief and joint related documents. The parties should review the Court’s Civil Standing Order for a full explanation of the Court’s briefing schedule and requirements. (b) Cut-Off Date is the Last Day for Hearing the Motion. Judge Hwang hears non-discovery motions in civil cases through in-person appearances on Wednesdays at 1:30 p.m. All non-discovery motions must be noticed to be heard on or before their respective cut-off dates listed in the below schedule (i.e., all non- discovery motions, except for summary judgment motions, must be filed at least twenty-eight (28) days before the deadline in accordance with the requirements of Local Rule 6-1). Motions for summary judgment must be filed at least five (5) weeks before the motion cut-off date in order to be heard by that date. Please make sure to consult with the closed motion hearings dates on Judge Hwang’s website. 3. Final Pretrial Conference/Proposed Final Pretrial Conference. (a) Matters to be Discussed During FPTC. The Court has set the FPTC pursuant to Fed. R. Civ. P. 16 and Local Rule 16-8. The Court requires strict compliance with Local Rule 16, as well as Fed. R. Civ. P. 16 and 26, and does not 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 exempt pro se litigants from the requirements of Local Rule 16. All unserved parties will be dismissed at the time of the FPTC pursuant to Local Rule 16-8.1. Trial counsel shall be prepared to discuss at the FPTC all matters related to the trial, including, but not limited to, the following: i. The witnesses all parties intend to call during their respective cases, and the amount of time necessary for direct and cross-examination of each witness; ii. Any anticipated problems in scheduling witnesses; iii. Efforts made to streamline the trial, including agreeing to testimony by deposition excerpts or summaries, stipulating to facts, and stipulating to an expert’s qualifications; iv. Any evidentiary issues, including anticipated objections under Fed. R. Evid. 403, and objections to exhibits; v. Jury selection procedures; vi. All motions related to trial, including motions in limine and motions to bifurcate and to sever, except for Daubert motions, which shall be set for a hearing not later than eight (8) weeks before the FPTC; vii. Any disputed jury instructions, and the form of the instructions that will be given to the jury at the outset of the case, i.e., before opening statements and presentation of evidence; viii. Whether any counsel intends to use any evidence or demonstrative aid in opening statement; and ix. Motions to exclude witnesses from the courtroom during trial testimony. (b) Requests for Additional Audio/Visual Equipment. The Court provides audio/visual equipment for use during trial. The parties are encouraged to 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 use it. If counsel for any party needs to arrange for the installation of their own equipment, such as video monitors, notebooks, or projection equipment, counsel shall notify the CRD no later than 4:00 p.m. on the Wednesday before trial so that the necessary arrangements can be made. B. TRIAL PREPARATION The parties must comply with Local Rule 16. Pursuant to Local Rule 16-2, trial counsel for each party are required to meet and confer in person forty (40) days in advance to prepare for the FPTC. The parties must comply with Local Rule 16-2, except where the requirements set forth in this Order differ from or supplement those contained in Local Rule 16. The Court may take the FPTC and trial off calendar or impose other sanctions for failure to comply with these requirements. Lastly, Parties should note that the Court may advance the trial date by up to two (2) weeks. 1. Schedule for Filing Pretrial Documents. The schedule for filing pretrial documents is as follows: At least twenty-eight (28) days before the FPTC: Motions in Limine Memoranda of Contentions of Fact and Law Joint Witness List Joint Exhibit List Joint Status Report Regarding Settlement Proposed Findings of Fact and Conclusions of Law (bench trial only) Declarations Containing Direct Testimony (bench trial only) Requests for Judicial Notice At least fourteen (14) days before the FPTC: Oppositions to Motions in Limine 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Joint Proposed Final Pretrial Conference Order Joint Agreed Upon Proposed Jury Instructions (jury trial only) Disputed Proposed Jury Instructions (jury trial only) Proposed Additional Voir Dire Questions, if any (jury trial only) Joint Proposed Verdict Forms (jury trial only) Joint Proposed Statement of the Case (jury trial only) Evidentiary Objections to Declarations of Direct Testimony (bench trial only) Challenged Exhibits Table Deposition designations as to which the parties have any dispute or objection All pretrial documents listed above, including any amended documents, shall be filed and emailed to Chambers the day set forth in the schedule that they are due. Except for motions in limine and oppositions, the Joint Status Report Regarding Settlement, and Declarations containing direct testimony, Counsel shall email all of the above, including any amended documents, in Microsoft Word format to [email protected]. Mandatory Chambers Copies of electronically filed pretrial documents shall be delivered to Judge Hwang’s mailbox outside the Clerk’s Office on the fourth floor of the First Street Courthouse. 2. Requirements for Pretrial Documents. (a) Daubert Motions. Daubert motions will be set for a hearing not later than eight (8) weeks before the FPTC. (b) Motions in Limine. Motions in limine will be heard and ruled on at the FPTC. The Court may rule orally instead of in writing. Each side is limited to five (5) motions in limine unless the court grants leave to file additional motions. All motions in limine must be filed at least twenty-eight (28) days before the FPTC. 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 Oppositions must be filed at least fourteen (14) days before the FPTC. There shall be no replies. Motions in limine and oppositions must not exceed ten (10) pages in length. Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion. Motions in limine should address specific issues (e.g., not “to exclude all hearsay”). Motions in limine should not be disguised motions for summary adjudication of issues. The court may strike excessive or unvetted motions in limine. (c) Joint Witness List. The Joint Witness List must be filed at least twenty-eight (28) days before the FPTC. It must be in the format specified in Local Rule 16-5 and must include for each witness (i) a brief description of the testimony, (ii) the reasons the testimony is unique and not redundant, and (iii) a time estimate in hours for direct and cross-examination. Any Amended Witness List must be filed by 12:00 p.m. (noon) on the Friday before trial and emailed to [email protected] in Microsoft Word format. The parties must use the following format: Witness’s Name,* Phone Number, Address Jane Doe 1111 Main St., Los Angeles, CA 99999 213-999-9999 Summary of Testimony / Why Testimony Unique Will testify what she saw at accident. Unique in that she is the only eyewitness. Time for Direct Exam (Hours) Time for Cross Exam (Hours) Dates of Testimony 2 hours 1 hour [To be filled in during trial] * Indicates that the witness will be called only if the need arises. (d) Joint Exhibit List. The Joint Exhibit List must be filed at least twenty-eight (28) days before the FPTC. It must be in the format specified in Local Rule 16-6 and shall include an additional column stating any objections to authenticity and/or admissibility and the reasons for the objections. Each exhibit must indicate whether there is a stipulation or if there is an objection, the basis of the 10 objection and response. There shall be no blanks other than in the columns for date identified and admitted. The parties shall meet and confer to fully discuss any objections and attempt to reach agreements on exhibits. Any Amended Joint Exhibit List must be filed by 12:00 p.m. (noon) on the Friday before trial and emailed to [email protected] in Microsoft Word format. The Joint Exhibit List must follow the following format: Ex. # Description Witness Establishing Foundation 3 1/30/80 letter from Doe to Roe Response to Objection Date Identified Date Admitted Objections to Admissibility and/or Authenticity (include basis and party objecting) (e) Jury Instructions (Jury Trial Only). i. Schedule. Joint agreed upon proposed jury instructions must be filed no later than fourteen (14) days prior to the FPTC. The parties shall make every effort to agree upon jury instructions before submitting proposals to the Court. The Court expects the parties to agree on most instructions, particularly when pattern or model jury instructions exist and provide a statement of applicable law. The parties shall meet and confer regarding jury instructions according to the following schedule: At least thirty-five (35) days before the FPTC: The parties shall exchange proposed general and special jury instructions. At least twenty-eight (28) days before the FPTC: The parties shall exchange any objections to the instructions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 At least twenty-one (21) days before the FPTC: The parties shall meet and confer with the goal of reaching agreement on one set of Joint Agreed Upon Proposed Jury Instructions. At least fourteen (14) days before the FPTC: The parties shall file their (i) Joint Agreed Upon Proposed Jury Instructions and (ii) Disputed Jury Instructions. ii. Redlined Copy. The parties shall file clean and redlined sets of their (i) Joint Agreed Upon Proposed Jury Instructions and (ii) Disputed Jury Instructions. The redlined sets shall include all modifications made by the parties to pattern or model jury instructions, any disputed language, and the factual or legal basis for each party’s position as to each disputed instruction. Where appropriate, the disputed instructions shall be organized by subject, so that instructions that address the same or similar issues are presented sequentially. If there are excessive or frivolous disagreements over jury instructions, the Court will order the parties to meet and confer immediately until they substantially narrow their disagreements. iii. Sources. When the Manual of Model Jury Instructions for the Ninth Circuit provides an applicable jury instruction, the parties should submit the most recent version, modified and supplemented to fit the circumstances of the case. Where California law applies, the parties should use the current edition of the Judicial Council of California Civil Jury Instructions. If neither applies, the parties may consult the current edition of O’Malley, et al., Federal Jury Practice and Instructions. The parties may submit alternatives to these instructions only if there is a reasoned argument that they do not properly state the law or are incomplete. The Court seldom gives instructions derived solely from case law. iv. Format. Each requested instruction shall (i) cite the authority or source of the instruction; (ii) be set forth in full; (iii) be on a separate page; (iv) be numbered; (v) cover only one subject or principle of law; and (vi) not repeat 12 principles of law contained in any other requested instruction. If a standard instruction has blanks or offers options, e.g., for gender, the parties must fill in the blanks or make the appropriate selections in their proposed instructions. v. Index. The Proposed Instructions must have an index that includes the following for each instruction, as illustrated in the example below: (1) the number of the instruction; (2) the title of the instruction; (3) the source of the instruction and any relevant case citations; and (4) the page number of the instruction. Example: Instruction Number 1 Title Trademark-Defined (15.U.S.C. § 1127) Source Page Number 9th Cir. 8.5.1 1 During the trial, and before closing argument, the Court will meet with counsel to settle the instructions, and counsel will have an opportunity to make a further record concerning their objections. (f) Joint Verdict Forms (Jury Trial Only). The parties shall make every effort to agree on a general or special verdict form before submitting proposals to the court. The parties shall file a proposed joint general or special verdict form fourteen (14) days before the FPTC. If the parties are unable to agree on a verdict form, the parties shall file one document titled “Competing Verdict Forms” which shall include: (i) the parties’ respective proposed verdict form; (ii) a “redline” of any disputed language; and (iii) the factual or legal basis for each party’s respective position. The Court may opt to use a general verdict form if the parties are unable to agree on a special verdict form. (g) Joint Statement of the Case (Jury Trial Only). The parties must file a Joint Statement of the Case fourteen (14) days before the FPTC for the Court to read to the prospective jurors before commencement of voir dire. The joint statement should be brief and neutral and should not be more than one (1) page in length. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 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 (h) Voir Dire (Jury Trial Only). The Court will conduct the voir dire. The Court inquires of prospective jurors to obtain biographical information and to determine whether a prospective juror can be fair and impartial given the case. Counsel may, but are not required to, file a short list (no more than one (1) or two (2) pages) of proposed case-specific voir dire questions at the time they file the proposed FPTC order. Eight (8) jurors will be selected, unless the Court indicates otherwise. All challenges for cause shall be made at side bar or otherwise outside the prospective jurors’ presence. (i) Proposed Findings of Fact and Conclusions of Law (Bench Trial Only). For any trial requiring findings of fact and conclusions of law, each party shall file and serve on the opposing party, no later than twenty-eight (28) days before the FPTC, its Proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3. The parties may submit Supplemental Proposed Findings of Fact and Conclusions of Law during the trial. Fourteen (14) days before the trial date or by a date ordered by the Court, each counsel shall file with the Court and serve on opposing counsel a copy of the opposing party’s proposed findings of fact and conclusions of law, marked as follows: a) Strike through those portions the party disputes; b) Bold those portions the party admits; and c) Underline those portions the party admits but considers irrelevant. The parties may agree to and advise the Court of some other method of differentiating among these three categories, such as color coding. Counsel should have only a single fact or conclusion of law contained in each paragraph. (j) Declarations of Direct Testimony (Bench Trial Only). The parties shall comply with Local Rules 16-2.7 and 43-1. At least 28 days before trial, for each witness a party intends to call at trial, counsel for that party shall either (a) file and serve personally or by fax or electronic mail an executed declaration in lieu of 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 direct testimony, or (b) if such testimony is contained in discrete portions of a deposition, mark and lodge the deposition in accordance with the Local Rules. The Court expects to read the declarations and/or pertinent portions of the lodged depositions prior to the commencement of trial. At trial, the Court will permit “live” questioning only for cross-examination and redirect of each such witness.7 Not later than 21 days before trial, each party shall file a copy of its written objections to the testimony contained in the opposing party’s declarations or lodged depositions. Failure to file such written objections will be deemed to be a waiver of any such evidentiary objections. 3. Trial Exhibits. Trial exhibits that consistent of documents and photographs must be submitted to the Court in three-ring binders. The parties shall submit to the Court three (3) sets of binders: one (1) original set of trial exhibits and two (2) copies of trial exhibits. The original set of exhibits shall be for use by the jury during its deliberations, and the copies are for the Court. The parties should prepare additional copies of exhibits for their own use and for use by witnesses. The parties must review the exhibit list and exhibit binders with the CRD before the admitted exhibits will be given to the jury. All exhibits placed in three-ring binders must be indexed by exhibit number with tabs or dividers on the right side. Exhibits shall be numbered sequentially 1, 2, 3, etc., not 1.1, 1.2, etc. See Local Rule 16-6. Every page of a multi-page exhibit must be numbered. Defendant’s exhibit numbers shall not duplicate plaintiff’s numbers. The spine of each binder shall indicate the volume number and the range of exhibit numbers included in the volume. (a) Original Exhibits. The original exhibits shall bear the official exhibit tags (yellow tags for plaintiff’s exhibits and blue tags for defendant’s exhibits) 7 Direct “live” testimony of witnesses will be permitted only as to those witnesses who are not within the party’s control (e.g., hostile witnesses) and who were not deposed, or pursuant to a request made sufficiently in advance of the deadlines set forth herein. 15 stapled to the front of the exhibit on the upper right corner with the case number, case name, and exhibit number placed on each tag. Tags may be obtained from the Clerk’s Office, or the parties may print their own exhibit tags using Forms G-14A and G-14B on the “Court Forms” section of the Court’s website. (b) Exhibit Copies. The copies of exhibits must bear copies of the official exhibit tags that were placed on the original exhibits and be indexed with tabs or dividers on the right side. In addition to the three (3) sets of binders above, the parties must also submit to the court a USB flash drive containing PDF versions of all exhibits. The USB flash drive must be delivered to the Judge Hwang’s courtesy box located outside the Clerk’s Office on the fourth floor of the First Street Courthouse by 12:00 p.m. on the Wednesday before the start of trial. Plaintiff’s exhibits must be placed in a separate folder from Defendant’s exhibits, and the document file names must include the exhibit number and a brief description of the document, for example: “Ex. 1 - Smith Declaration.pdf” or “Ex. 105 - Letter Dated 1-5- 20.pdf.” (c) Publishing Exhibits. The Court does not permit exhibits to be “published” to the jurors before they are admitted into evidence. Once admitted, exhibits may be displayed electronically using the equipment and screens in the courtroom. The parties must meet and confer at least ten (10) days before trial to stipulate as much as possible to foundation, waiver of the best evidence rule, and exhibits that may be received into evidence at the start of the trial. All such exhibits should be noted as admitted on the court and CRD’s copy of the exhibit list. 4. Materials to Present on First Day of Trial. The parties must present the following materials to the CRD on the first day of trial: (1) the three sets of binders described above, with one original set of trial exhibits for the jury and two copies of trial exhibits for the court; and (2) any excerpts of deposition transcripts to be used at trial, either as evidence or for impeachment. These lodged depositions are for the Court’s use. The parties must use their own copies during trial. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 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. Court Reporter. Any party requesting special court reporter services for any hearing, such as “Real Time” transmission or daily transcripts, shall notify the court reporter at least fourteen (14) days before the hearing date. At least seven (7) days before the commencement of trial, counsel for the parties shall provide the court reporter with a list of unusual words, phrases, and spellings that may come up during trial. This information should be emailed to Court Reporter Services at [email protected]. 6. Jury Trial. On the first day of trial, the Court will commence at 8:30 a.m. Counsel shall arrive at the Courtroom no later than 8:30 a.m. each day of trial, unless an earlier time is ordered by the Court. The Court will call a jury panel only when it is satisfied the case is ready for trial. The Court anticipates jury selection will take only a few hours. The parties should be prepared to proceed with opening statements and witness examination immediately after jury selection. C. CONDUCT OF ATTORNEYS AND PARTIES 1. Meeting and Conferring Throughout Trial. The parties must continue to meet and confer on all issues that arise during trial. The Court will not rule on any such issue unless the parties have attempted to resolve it first. 2. Opening Statements, Witness Examinations, and Summation. Counsel must use the lectern. Counsel should not consume jury time by writing out words and drawing charts or diagrams. All such aids must be prepared in advance. When appropriate, the Court will establish and enforce time limits for all phases of trial, including opening statements, closing arguments, and the examination of witnesses. Absent stipulation of the parties or leave of court, no exhibits or demonstrative evidence may be used during opening statements. If a party seeks to use any exhibits or demonstrative evidence, leave of court must be sought during the FPTC. 3. Objections to Questions. Counsel must not make speaking objections before the jury or otherwise make speeches, restate testimony, or attempt to guide a 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 witness. When objecting, counsel must rise to state the objection and state only that counsel objects and the legal grounds for the objection. If counsel desires to argue an objection further, counsel must seek permission from the Court to do so. 4. Closing Arguments and Post-Trial Briefs (Bench Trials Only). For an overview and review of the evidence presented during trial, the Court will rely on the parties’ closing arguments. In delivering closing arguments, the parties shall use their respective proposed findings of fact and conclusions of law as a “checklist” and should identify the evidence that supports their proposed findings. The Court will not accept post-trial briefs unless it finds that circumstances warrant additional briefing and such briefing is specifically authorized. 5. General Decorum While in Session. Counsel are advised to review and adhere to the Central District’s Civility and Professionalism Guidelines. See http://www.cacd.uscourts.gov/attorneys/admissions/civility-and- professionalismguidelines. At a minimum: (a) Counsel must not approach the CRD, the jury box, or the witness stand without Court authorization and must return to the lectern when the purpose for the approach has been accomplished. (b) Counsel must rise when addressing the Court, and when the Court or the jury enters or leaves the courtroom, unless directed otherwise. (c) Counsel must address all remarks to the Court. Counsel must not address the CRD, the court reporter, persons in the audience, or opposing counsel. Any request to re-read questions or answers shall be addressed to the Court. Counsel must ask the Court’s permission to speak with opposing counsel. (d) Counsel must not address or refer to witnesses or parties by first names alone, except for witnesses who are below age fourteen (14), or witnesses who share a last name. (e) Counsel must not offer a stipulation unless counsel have conferred with opposing counsel and have verified that the stipulation will be acceptable. 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 (f) Counsel must not leave counsel table to confer with any person in the back of the courtroom without the Court’s permission. (g) Counsel must not make facial expressions, nod, shake their heads, comment, or otherwise exhibit in any way any agreement, disagreement, or other opinion or belief concerning the testimony of a witness or argument by opposing counsel. Counsel shall instruct their clients and witnesses not to engage in such conduct. (h) Counsel must never speak to jurors under any circumstance, and must not speak to co-counsel, opposing counsel, witnesses, or clients if the conversation can be overheard by jurors. Counsel must instruct their clients and witnesses to avoid such conduct. (i) Where a party has more than one (1) lawyer, only one (1) attorney may conduct the direct or cross-examination of a particular witness or make objections as to that witness. (j) Bottled water is permitted in the courtroom. Food, gum, and other beverages are not permitted. Cell phones must be silenced or may be confiscated. 6. Punctuality. (a) The Court expects the parties, counsel, and witnesses to be punctual. Once the parties and their counsel are engaged in trial, the trial must be their priority. The Court will not delay progress of the trial or inconvenience jurors. (b) If a witness was on the stand at the time of a recess or adjournment, the party that called the witness shall ensure the witness is back on the stand and ready to proceed as soon as trial resumes. (c) The parties must notify the CRD in advance if any party, counsel, or witness requires a reasonable accommodation based on a disability or other reason. (d) No presenting party may be without witnesses. If a party’s remaining witnesses are not immediately available, thereby causing an unreasonable delay, the Court may deem that party to have rested. 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 (e) The Court generally will accommodate witnesses by permitting them to be called out of sequence. Counsel should meet and confer in advance and make every effort to resolve the matter. 7. Exhibits. (a) Counsel must keep track of their exhibits and exhibit list, and record when each exhibit has been admitted into evidence. (b) Counsel are responsible for any exhibits they secure from the CRD and must return them before leaving the courtroom. (c) Any exhibit not previously marked must be accompanied by a request that it be marked for identification at the time of its first mention. Counsel must show a new exhibit to opposing counsel before the court session in which it is mentioned. (d) Counsel must inform the CRD of any agreements reached regarding any proposed exhibits, as well as those exhibits that may be received into evidence without a motion to admit. (e) When referring to an exhibit, counsel must refer to its exhibit number. Counsel should instruct their witnesses to do the same. (f) Counsel should not ask witnesses to draw charts or diagrams or ask the Court’s permission for a witness to do so. All demonstrative aids must be prepared fully in advance of the day’s trial session. (g) Counsel are required to seek to admit any items of evidence whose admissibility has not yet been stipulated to while the witness authenticating the exhibit is on the stand, so that any issues or concerns that arise may be addressed immediately. 8. Depositions. In using deposition testimony of an adverse party for impeachment, counsel may adhere to either one of the following procedures: (a) If counsel wishes to read the questions and answers as alleged impeachment and ask the witness no further questions on that subject, counsel shall 20 first state the page and line where the reading begins and the page and line where the reading ends and allow time for any objection. Counsel may then read the portions of the deposition into the record. (b) If counsel wishes to ask the witness further questions on the subject matter, the deposition shall be placed in front of the witness and the witness told to read the relevant pages and lines silently. Then, counsel either may ask the witness further questions on the matter and thereafter read the quotations or read the quotations and thereafter ask further questions. Counsel should have available for the Court and the witness extra copies of the deposition transcript for this purpose. Where a witness is absent and the witness’s testimony is to be offered by deposition, counsel may: (i) have an individual sit on the witness stand and read the testimony of the witness while the examining lawyer asks the questions; or (ii) have counsel read both the questions and the answers. 9. Using Numerous Answers to Interrogatories and Requests for Admission. Whenever counsel expects to offer a group of answers to interrogatories or requests for admissions extracted from one (1) or more lengthy discovery responses, counsel should prepare a new document listing each question and answer and identifying the document from which it has been extracted. Copies of this new document must be provided to the Court and the opposing party. 10. Advance Notice of Unusual or Difficult Issues. If any party anticipates that a difficult question of law or evidence will necessitate legal argument requiring research or briefing, that party must give the Court advance notice. The parties must notify the CRD immediately of any unexpected legal issue that could not have been foreseen and addressed in advance. To the extent such issue needs to be addressed outside the jury’s presence, the relevant party must inform the CRD before jurors are excused for the day to minimize the time jurors are kept waiting. The Court expects all parties to work diligently to minimize delays and avoid keeping jurors waiting. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 11. Continuances of Pretrial and Trial Dates. The Court has a strong interest in keeping scheduled dates certain. Accordingly, dates set by the Court are firm, subject to the Court’s ability to advance the trial date by up to two (2) weeks or to trail the trial start date. Any request for continuance of case management dates must be by motion, stipulation, or application, and must be supported by a declaration setting forth the reasons for the requested relief. The declaration must contain a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance and a description of the parties’ efforts taken to advance the litigation. This showing should demonstrate that the work still to be performed reasonably could not have been accomplished within the applicable deadlines. General statements are insufficient to establish good cause. The declaration should also include whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court. Stipulations extending dates set by the Court are not effective unless approved by the Court, and without compelling factual support and a showing of due diligence, stipulations continuing dates set by the Court will be denied. The Court thanks the parties and their counsel for their anticipated cooperation. Dated: September 3, 2025 _______________________________________ HON. ANNE HWANG 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 22
PILOT PROGRAM - INSTRUCTIONS TO ATTORNEYS PROCEDURES FOR FILING UNDER SEAL DOCUMENTS. REQUEST TO SEAL DOCUMENTS ONLY, NOT THE APPLICATION AND ORDER. Electronically file the application to seal with proof of service. Counsel are required to comply with Local Rule 5-4.4.1 and attach the proposed order to the application. PROPOSED ORDER MUST CONTAIN THE FOLLOWING LANGUAGE FOR THE COURT’S USE IF THE UNDER SEAL FILING IS REJECTED: 1. Counsel shall publicly file the document(s). (For use if the party wants the Court to consider the document(s); 2. Counsel shall file redacted versions of the documents on the docket. The Court will consider the unredacted mandatory paper chambers copy. REJECTED DOCUMENTS WILL BE DESTROYED UNLESS COUNSEL CONTACTS THE CLERK WITHIN FIVE (5) DAYS TO RETRIEVE THE DOCUMENTS. Once the documents have been electronically filed, send an email to the Chambers’ email at [email protected]. Counsel are reminded to comply with Local Rule 5-4.4.2 by submitting the PDF version of the application and declaration, along with proof of service, and a Word version of the proposed order (with the language set forth above). Included with this email must be the Adobe PDF version of the document(s) to be filed under seal with a caption page clearly marked “UNDER SEAL.” NOTE: The subject line of the email should have the case number, plus the words “UNDER SEAL REQUEST.” A mandatory paper Chambers Copy of the documents listed above (together in one envelope) must be delivered to Judge Hwang’s mailbox outside the Clerk’s Office on the fourth floor of the First Street Courthouse by noon the following day. REQUEST TO SEAL THE APPLICATION, ORDER, AND DOCUMENT(S): Electronically file a NOTICE OF MANUAL FILING. Send an email to the Chambers’ email at [email protected], which contains the PDF version of the application to seal, the Notice of Manual Filing, the Word version of the proposed order (with the language set forth above), and an Adobe PDF of the document(s) to be filed under seal with a caption page, clearly marked “UNDER SEAL.” The subject line of the email should have the case number, plus the words “UNDER SEAL REQUEST.” Please note: The title of the pleading will be placed on the public docket entry. For example: “Declaration of John Doe, Exhibit A.” If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable.
=== AH-CIVIL Standing Order for Civil Cases (9-3-25) ===
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 , v. , Plaintiff(s), Defendant(s). Case No. STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE ANNE HWANG READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to Judge Anne Hwang. Both the Court and all counsel bear responsibility for the progress of litigation in this Court. “Counsel,” as used in this Order, includes attorneys and parties who have elected to appear without an attorney and are representing themselves in this civil litigation (hereinafter referred to as “pro se litigants”). To “secure the just, speedy, and inexpensive determination” of this action, as called for in Fed. R. Civ. P. 1, all parties or their counsel are ordered to comply with this Order, the Federal Rules of Civil Procedure, and the Local Rules of the Central District of California. Counsel for the plaintiff shall immediately serve this Order on all parties, including any new parties to the action. If this case was removed from state court, the defendant that removed the case shall serve this Order on all other parties. UNLESS OTHERWISE ORDERED BY THE COURT, THE FOLLOWING RULES SHALL APPLY: A. GENERAL REQUIREMENTS 1. Civility. All counsel must immediately review and comply with the Court’s Civility and Professionalism Guidelines, available at https://www.cacd.uscourts.gov/attorneys/admissions/civility-and-professionalism- guidelines. 2. Pro Se Litigants. Parties appearing as pro se litigants are required to comply with all Local Rules, including Local Rule 16 (“Pretrial Conferences; Scheduling; Management”). Only individuals may represent themselves. A corporation or other entity must be represented by counsel, and if counsel seeks to withdraw, counsel must advise the entity of the dire consequences of failing to obtain substitute counsel before seeking withdrawal—i.e., a plaintiff entity’s case will be dismissed, or a defendant entity will default. See Local Rule 83-2.3.4. 3. Presence of Counsel if a Party Has More Than One Attorney. Only one attorney for a party may be designated as lead counsel (and the designation must appear on the docket if a party has more than one attorney). Counsel who is most knowledgeable may address and resolve all matters within the scope of the proceeding. The Court does not require lead counsel to attend all proceedings if other counsel have more knowledge about and are more prepared to address the matters within the scope of the proceeding, so long as counsel has sufficient authority to resolve all matters within the scope of the proceeding. To provide more experience to the next generation of practitioners, the Court encourages lead counsel to permit junior counsel to fully participate in all proceedings, including to argue motions and to examine witnesses at trial. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Communications with Chambers. Neither counsel nor a party shall initiate contact with the Court or its Chambers’ staff by telephone, or by any other improper ex parte means. Counsel may contact the CRD with appropriate inquiries. Contacting the CRD to inquire about the status of a pending matter or to continue a proceeding is not appropriate. Nor should counsel contact the CRD to inquire about court procedure when the answer is readily available by consulting the Local Rules and the Court’s Standing Orders. The preferred method of communication with the CRD is by email. Counsel must copy all parties on any such email. To facilitate communication with the CRD, counsel should list their email addresses along with their telephone numbers on all papers. Please send an email to the CRD of any calendar conflicts. 5. Duty to Notify of Settlement. Counsel must advise the Court immediately if (1) the case or any pending matter has been resolved or (2) a motion is pending, and the parties are engaged in serious negotiations that appear likely to resolve the case or the pending motion. Failure to provide timely notice of settlement may result in sanctions. B. PLEADING REQUIREMENTS 1. Service of the Complaint. The plaintiff(s) shall promptly serve the complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Fed. R. Civ. P. 4(l). Any defendant(s), including “DOE” or fictitiously-named defendant(s), not served within ninety (90) days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m) and by operation of this Order without further notice, unless plaintiff requests and justifies the need for additional time in the joint report and the Court grants an extension. 2. Removed Actions. Any answers filed in state court must be refiled in this Court as a supplement to the Notice of Removal. Any pending motions must be re-noticed in accordance with the Local Rules. If an action is removed to this Court that contains a form pleading (i.e., a pleading in which boxes are checked), the party 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or parties utilizing the form pleading must file within thirty (30) days of the filing of the Notice of Removal a revised pleading that complies with Fed. R. Civ. P. 7, 7.1, 8, 9, 10, and 11. An amended complaint filed within thirty (30) days after removal to replace a form complaint pursuant to this instruction shall be deemed an amended complaint with “the court’s leave” pursuant to Fed. R. Civ. P. 15(a)(2). 3. Status of Fictitiously Named Defendants. The plaintiff should identify and serve fictitiously named defendant(s) before the deadline set forth in the Court’s Order Setting Scheduling Conference. Before moving to substitute a defendant for a Doe defendant, the plaintiff must seek the consent of counsel for all defendants, including counsel for a represented Doe defendant. If denied consent, the plaintiff must file a regularly noticed motion. In diversity cases, the plaintiff’s motion must address whether the addition of the newly named party destroys diversity jurisdiction. See 28 U.S.C. § 1447(c), (e). C. ORDER SETTING SCHEDULING CONFERENCE Pursuant to Fed. R. Civ. P. 16(b), the Court will issue an Order Setting Scheduling Conference. The parties are required to strictly comply with Fed. R. Civ. P. 16 and 26, as well as this Court’s Orders. D. DISCOVERY 1. Magistrate Judge Referral for All Discovery Matters. All discovery matters are referred to the assigned Magistrate Judge. All documents relating to discovery matters must include the words “DISCOVERY MATTER” in the caption to ensure proper routing. Counsel must follow the Magistrate Judge’s procedures for scheduling matters for a hearing. 2. Limited District Court Review of Discovery Matters. The decision of the Magistrate Judge shall be final, subject to limited review requiring a showing that the decision is clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A). Any motion for review of a Magistrate Judge’s decision must be noticed within fourteen (14) days of service of a written ruling or within fourteen (14) days of an oral 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 ruling that the Magistrate Judge states will not be followed by a written ruling. The motion must specify which portions of the text are clearly erroneous or contrary to law, and the claim must be supported by points and authorities. Counsel shall provide the Magistrate Judge with Chambers Copies of the moving papers and responses consistent with that Magistrate Judge’s procedures. 3. Compliance with Fed. R. Civ. P. 26(a). The parties must comply fully with the letter and spirit of Fed. R. Civ. P. 26(a) and engage in discovery promptly. The Court allows discovery to commence as soon as the first answer or motion to dismiss is filed. Discovery shall not be stayed while any motion is pending, including any motion to dismiss, motion for protective order or motion to stay. At the Scheduling Conference, the Court will impose firm deadlines governing the completion of discovery. The parties are directed to conduct any necessary discovery as soon as possible, as the Court is not inclined to grant any extensions of the discovery or other case-related deadlines absent sufficient good cause. E. FILING REQUIREMENTS 1. Electronic Filing. Pursuant to Fed. R. Civ. P. 5(d)(3), Local Rule 5-4, and General Order 10-07, counsel shall electronically file (“e-file”) all filings. Items that do not require the Court’s signature shall be e-filed in PDF format. Pro se litigants may submit documents for filing through the Court’s Electronic Document Submission System (“EDSS”) instead of mailing or bringing documents to the Clerk’s Office. Only internet access and an email address are required. Documents are submitted in PDF format through an online portal on the Court’s website. To access EDSS and for additional information, visit the Court’s website at https://apps.cacd.uscourts.gov/edss. 2. Documents with Declarations, Exhibits, and Other Attachments. If a filed or lodged document has declarations, exhibits, or other attachments, each attachment must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration, 29-2 Ex. 1 - 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 License Agreement, 29-3 Request for Judicial Notice). The Court may strike or decline to consider motions, stipulations, or other documents with attachments that are not filed in accordance with this Order. 3. Proposed Orders. (a) Proposed Orders Must be Lodged and Served. 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. (b) Email Proposed Orders to Chambers. The Court enforces strict compliance with Local Rule 5-4.4.2, which instructs: “After a document requiring a judge’s signature has been lodged under L.R. 5-4.4.1, a. . . Microsoft Word copy of the proposed document, along with a PDF copy of the electronically filed main document, must be emailed to the assigned judge’s generic chambers email address,” namely, [email protected]. The Court will not consider a stipulation, ex parte application, or other request for relief until a compliant proposed order is received by email. If the proposed order is based on a stipulation or an ex parte application, counsel must email both the order and the stipulation or ex parte application. Otherwise, accompanying documents (such as motions) should not be emailed to Chambers. 4. Chambers Copies. Chambers Copies (paper copies that are sent to Chambers upon electronic filing of the document) are required for the following documents only: (1) motion papers (motions, oppositions, replies, and related documents, including motions in limine; (2) ex parte applications and temporary restraining orders; and (3) pretrial documents (memoranda of fact and law, witness and exhibit lists, pretrial conference statement, jury instructions, verdict forms, etc.). Chambers Copies must comply with the rules below. (a) Timeliness and Location. Deliver Chambers Copies promptly to Judge Hwang’s mailbox outside the Clerk’s Office on the fourth floor of the First 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 Street Courthouse. Applicable documents will not be considered until Chambers Copies are submitted. Delay in submitting such copies will delay consideration of the submission. (b) Format. Chambers Copies, which do not need to be submitted with blue backing, should be copies of the filed document—i.e., they should have the docket information on the top of each page. Filings that include highlighting, color photographs, “redlining,” or the like should be printed in color. 5. Artificial Intelligence. Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer’s Rule 11 obligations. F. MOTIONS - GENERAL REQUIREMENTS 1. Time for Filing and Hearing Motions. Motions shall be filed in accordance with Local Rules 6 and 7. This Court hears civil motions on Wednesdays, beginning at 1:30 p.m. 2. “Meet and Confer” Requirement. Local Rule 7-3 requires counsel to conduct a prefiling conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” (a) Scope. This requirement applies in all cases, including those with pro se litigants, and extends to all issues. If the parties are unable to fully resolve the dispute, they shall attempt to narrow the scope of the contested issues. Parties must meet and confer in person or by videoconference; email correspondence is insufficient. A motion not supported by the certification below may be stricken or summarily denied. (b) Certification. The moving party shall include a signed certification attached to the end of the filed motion as follows: “I certify that the 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 parties met in person or by videoconference, thoroughly discussed each and every issue raised in the motion, and attempted in good faith to resolve the motion in whole or in part.” (c) Sanctions. Failure by any party to comply in good faith with the “meet and confer” requirement shall result in an order to show cause re sanctions— including, as appropriate, striking or denying the motion, deeming the motion unopposed, and/or awarding monetary sanctions. 3. Length and Format of Motion Papers. Memoranda of points and authorities in support of or in opposition to motions shall not exceed twenty-five (25) pages. Replies shall not exceed twelve (12) pages. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations. Typeface and spacing shall comply with Local Rule 11-3.1.1, except that the parties are required to use only 14-point Times New Roman font. Footnotes shall be in the same font and the same size as the body of the memorandum. Counsel shall adhere to Local Rule 5-4.3 with respect to the conversion of all documents to PDF format so that when a document is electronically filed, it is in proper size and is text searchable. Further, all documents shall be filed in a format so that text can be selected, copied, and pasted directly from the document. See Local Rule 5-4.3.1. (a) Documents with Declarations, Exhibits, and Other Attachments. If a filed or lodged document has declarations, exhibits, or other attachments, each of these must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration). (b) Citations to Case Law. Citations to case law must identify not only the case cited, but the specific page referenced. Citations to cases must be in Bluebook format. Parties should not use string cites without good reason. When using string cites, a party should include a parenthetical explanation for each cited case. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c) Citations to Other Sources. Statutory references should identify with specificity the sections and subsections referenced. Citations to treatises, manuals, and other materials should include the volume, section, and pages being referenced. 4. Oral Argument. (a) Time Limits. If oral argument is permitted, the parties will have ten (10) minutes each for oral argument, unless the Court states otherwise. If the Court believes that the matter warrants less or more time, it will advise counsel at the hearing. (b) Submission Without Oral Argument. Pursuant to Fed. R. Civ. P. 78 and Local Rule 7-15, the Court may deem a matter appropriate for decision without oral argument. (c) Remote Appearances. Remote appearances are disfavored absent good cause shown. (d) Telephonic Hearings. The Court seldom permits telephonic appearances. The Court strongly prefers counsel to appear in person. If exceptional circumstances exist, counsel may file an application to appear telephonically detailing such circumstance. G. SPECIFIC MOTION REQUIREMENTS 1. Motions Pursuant to Federal Rule of Civil Procedure 12. Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment. See Polich v. Burlington N., Inc., 942 F.2d 1467, 1472 (9th Cir. 1991) (noting that where a motion to dismiss is granted, a district court should grant leave to amend unless it is clear the complaint cannot be saved by amendment). Moreover, a party has the right to amend the complaint “once as a matter of course no later than: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive 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 pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Fed. R. Civ. P. 15(a)(1). Even after a complaint has been amended or a responsive pleading has been served, leave to amend shall be “freely give[n]…when justice so requires.” Fed. R. Civ. P. 15(a)(2). Indeed, the Ninth Circuit requires that this policy favoring amendment be applied with “extreme liberality.” Morongo Band of Mission Indians v. Rose, 893 F.2d 1074, 1079 (9th Cir. 1990). Consequently, parties should carefully consider and weigh an opponent’s contentions as to the deficiencies in a pleading to determine if an amendment would cure the defects. The moving party, in turn, should agree to any amendment that would cure the defect. 2. Motions to Amend. In addition to the requirements of Local Rule 15-1, all motions to amend 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 and line number(s) and wording of any proposed change or addition of material. Counsel shall electronically file a “Notice of Lodging” attaching the proposed amended pleading as a document separate from the motion, as well as a “redlined” version of the proposed amended pleading identifying all additions and deletions of material as an appendix to the moving papers. 3. Motions and Stipulations to Continue. Continuances are granted only on a showing of good cause. Requests for continuances must be made before the date to be continued and by motion or stipulation, along with a proposed order. Motions and stipulations must be accompanied by a detailed declaration setting forth the specific reasons for the requested continuance and the precise deadline(s) the parties propose. A stipulation that fails to list the precise date(s) the parties wish to move, and the new date(s) they propose, will be denied for failure to comply with this Standing Order. For example, if the stipulation improperly proposes that all deadlines be moved by “60 days” without specifying the proposed new dates that would result from that requested continuance, the Court will deny the request. The declaration also should state whether there have been any previous requests for continuances; whether 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 these requests were granted or denied by the Court; what efforts were made to meet the existing deadline; and what, if any, prejudice would result if the request is denied. Stipulations extending dates set by this Court are not effective unless approved by the Court. Continuances will not be granted routinely. 4. Motions in Limine. Motions in limine shall be noticed for hearing on the Final Pretrial Conference Date. 5. Daubert Motions. Daubert motions shall be set for a hearing not later than eight (8) weeks before the Final Pretrial Conference Date. 6. Motions for Class Certification. If this action is a putative class action, the parties are to act diligently and begin discovery immediately, so that the motion for class certification can be filed expeditiously. The Court’s Civil Pretrial Schedule and Trial Order sets forth the deadline to hear a motion for class certification. 7. Motions for Default Judgment. Unless the Court orders otherwise, motions for default judgment shall be filed within fourteen (14) days after the later of (1) entry of default against the last remaining defendant or (2) resolution of all claims against all defendants who have not defaulted. The motion must include a showing of both subject-matter and personal jurisdiction. See In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999). A plaintiff who moves for default judgment and wishes to seek attorney’s fees and costs must include in the motion a properly supported request for attorney’s fees and costs together with the motion for default judgment. Failure to do so will result in the striking of any subsequent motion for attorney’s fees and costs absent a showing of good cause. The Court may vacate the hearing on a motion for default judgment if no opposition is timely filed, and the notice of motion should so state. Unless the Court orders otherwise, the movant must appear at the motion hearing prepared to argue the motion and respond to any tentative opinion even in the absence of an opposition. 8. Motions for Attorney’s Fees. A motion for attorney’s fees must be supported by documentation of the billed hours for which the movant seeks to recover 11 fees. For any motion requesting more than $50,000 in fees, the movant shall additionally provide by email to the CRD an Excel spreadsheet documenting the hours for which the movant seeks recovery, using the format in the following example: Date Name Position 3/1/24 John Doe Associate 3/2/24 Bob Smith Partner 3/5/24 James Doe Paralegal Task Drafted summary judgment motion Spoke with client about ongoing discovery obligations Assembled case files Hours 0.5 Rate $500 Amount $250 1 $1,000 $1,000 0.5 $100 $50 9. Summary Judgment Motions. When filing or opposing a motion for summary judgment, a party must comply with Fed. R. Civ. P. 56, Local Rule 56, and the Court’s Standing Order for Civil Cases. Because summary judgment motions are fact-dependent, parties should prepare papers in a fashion that clearly identifies the facts material to the motion for summary judgment (e.g., generous use of tabs, tables of contents, headings, indices, etc.). Each separately represented party shall be limited to twenty-five (25) pages, exclusive of tables of contents and authorities. Replies shall not exceed twelve (12) pages. (a) Joint Brief Required. The parties shall work cooperatively to submit a single Joint Brief, that is including moving and opposition papers, for any summary judgment motion brought by any moving party(ies). Each party’s arguments in the Joint Brief shall be responsive to the opposing party’s arguments. Accordingly, the parties shall provide their portions of the Joint Brief to the opposing parties sufficiently in advance of the motion filing deadline in order to submit a proper Joint Brief, not one in which each party’s portion is simply added to a joint filing. If 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 multiple parties are moving for summary judgment, the parties should designate only one party as “the moving party” for purposes of the briefing schedule. The Court expects the parties to work together professionally and agree on which party should be designated the moving party. If the parties are unable to agree, the defendant(s) shall be deemed the moving party. (b) Content and Organization of Joint Brief. The Joint Brief should contain the following: (1) a table of contents; (2) a table of authorities; (3) an optional brief introduction section stated jointly or, if stated separately by each party, stated under an appropriate subheading identifying the party (e.g., “ACME Co.’s Introduction” or “Defendant’s Introduction”); (4) a statement of facts section stated jointly or, if stated separately by each party, stated under an appropriate subheading identifying the party (e.g., “ACME Co.’s Statement of Facts” or “Defendant’s Statement of Facts”); (5) an analysis or argument section that sets forth the arguments organized by issue that present the parties’ competing positions on an issue-by-issue basis. For each issue, the moving party shall present legal argument, citation to authority where applicable, and citation to the Joint Appendix of Facts, see below, followed immediately by the opposing party’s response that similarly must be supported by legal argument, citation to authority, and citation to the Joint Appendix of Facts. (c) Multiple Joint Motions are Highly Disfavored. No more than one joint motion may be filed under Fed. R. Civ. P. 56 without leave of court, regardless of whether such motion is denominated a motion for summary judgment or summary adjudication. In the rare case in which leave of Court is sought, the parties shall file a joint noticed motion setting forth their respective positions on the existence of good cause for the filing of multiple motions. If multiple motions for summary adjudication are filed by the same party without leave of court, the first filed motion will be considered and the subsequent motion(s) will be stricken. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 (d) Cross-Motions on the Same Legal Issues are Disfavored. The Court disfavors cross-motions that seek to adjudicate the same legal issues. If a non- moving party has a good faith belief that the undisputed material facts relied on by the moving party actually demonstrate that the opposing party is entitled to summary judgment on the same legal issue, the non-moving party should set forth its argument in its response to the moving party’s argument and request summary judgment. Pursuant to Fed. R. Civ. P. 56(f), if appropriate based on undisputed facts and controlling principles of law, the Court may grant summary judgment for the non- moving party or sua sponte enter summary judgment in favor of the non-moving party. If each party is seeking to move for summary judgment on different claims or defenses, each party should meet and confer and follow the same procedures set forth in this Order. (e) Appropriate Timing. Parties need not wait until the motion cutoff to bring motions for summary judgment or partial summary judgment. As a courtesy to both the Court and the opposing party, a moving party should not wait until the last possible day to initiate the filing of a summary judgment motion. On the other hand, premature summary judgment motions— e.g., motions claiming that the opposing party has insufficient evidence when discovery does not close for another six months—only waste time and money for the parties and the Court. (f) Briefing Schedule. This Court requires an extended briefing schedule for motions under Fed. R. Civ. P. 56. The Joint Brief and all supporting documents must be filed at least five (5) weeks before the noticed hearing date. Any Reply Brief by the moving party must be filed three (3) weeks before the noticed hearing date. (g) Joint Appendix of Facts (“JAF”). The Joint Brief shall be accompanied by a single statement of undisputed and disputed facts contained in a JAF presented in a table. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 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 (h) Joint Appendix of Evidence (“JAE”). The Joint Brief shall be accompanied by a JAE (e.g., a separate, tabbed appendix of all evidence in support of or opposition to the summary judgment motion, including declarations, deposition excerpts, documents, photographs, etc.). Physical evidence (e.g., video recordings) shall be lodged separately. No evidence should be attached to a memorandum of points and authorities or included anywhere other than in the JAE. The JAE shall include a table of contents. The JAE shall be filed as a single, combined PDF; more than one PDF may be filed if file-size constraints preclude filing the JAE as a single PDF. In the event multiple PDFs are necessary to file the JAE, each file shall be titled by part and exhibit series (e.g., JAE Part 1, Exhibits 1–50). Each exhibit within the JAE must be bookmarked; the bookmark should include the exhibit number and a brief description of the exhibit (e.g., Ex. 1 – Jones Depo. Excerpts). Citations to the JAE shall be to the page and line within the particular exhibit. Declarations shall set out admissible facts without any argument, and evidence must be submitted either by stipulation or as exhibits to declarations sufficient to authenticate the proffered evidence and must not be attached to the Joint Brief. No party shall submit evidence other than the specific evidence necessary to support or controvert a proposed statement of undisputed fact. Do not, for example, submit the entire deposition transcripts or an entire set of interrogatory responses when relying on only a portion of such documents. Documentary evidence for which there is no stipulation regarding authenticity must be accompanied by testimony, either by declaration or deposition transcript, of a witness who can establish authenticity. (i) Joint Appendix of Objections (“JAO”). The Joint Brief shall be accompanied by a JAO—i.e., evidentiary objections, if any, shall be made in a single, separate document presented in a four-column table. 10. Ex Parte Applications (Including Temporary Restraining Orders and Applications for Injunctive Relief). The Court considers ex parte applications on the papers and does not usually set these matters for a hearing. If a hearing is 15 necessary, the parties will be notified. Ex parte applications are solely for extraordinary relief and should be used with discretion. See Mission Power Eng’g Co. v. Cont’l Cas. Co., 883 F. Supp. 488 (C.D. Cal. 1995). Any party seeking ex parte relief, including temporary restraining orders and preliminary injunctions under Fed. R. Civ. P. 65, must comply with Local Rule 7-19 (and Local Rule 65 for temporary restraining orders and preliminary injunctions). The moving party must also serve the opposing party by email, fax, or personal service, and notify that party that opposing papers must be filed not later than forty-eight (48) hours following service or by 3:00 p.m. on the first court day after the service, whichever is later. The opposing party should advise the CRD as soon as possible whether it intends to oppose the ex parte application. The application will not be considered until a Mandatory Chambers Copy has been provided. Reply briefs in support of ex parte applications are not permitted. The parties must provide Chambers Copies of TRO-related documents on the same day they are filed. The Court generally will not rule on any application for such relief for at least forty-eight (48) hours (or two (2) court days) after the party subject to the requested order has been served unless service is excused or unless the interests of justice so require. The parties should not assume that an unopposed ex parte application will be granted; and a last-minute application (or stipulation) that is denied will not serve to relieve a party of an underlying obligation (e.g., a soon-to-expire deadline). 11. Prison Litigation Reform Act (“PLRA”) Exhaustion Motions. The issue of exhaustion under the PLRA must be raised at the beginning of the litigation. Albino v. Baca, 747 F.3d 1162, 1171 (9th Cir. 2014). A party seeking to obtain a judicial determination of any material fact dispute precluding summary judgment on the exhaustion issue must file before this Court a request for a hearing within fourteen (14) days of the filing of the order denying summary judgment. The failure to file a timely request may be construed as a waiver of the exhaustion issue. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 12. Bankruptcy Appeals. Counsel must comply with the Notice Regarding Appeal from Bankruptcy Court issued at the time the appeal is filed in the District Court. The matter is deemed under submission on the filing of the appellant’s reply brief. The Court considers bankruptcy appeals on the papers and usually does not set these matters for hearing. H. SANCTION FOR FAILURE TO COMPLY If, without satisfactory explanation, counsel fail to file the required Joint Rule 26(f) report or the required pretrial documents, fail to appear at any scheduled proceeding, or otherwise fail to comply with the Court’s orders or rules, the Court shall take any action it deems appropriate, including: (i) dismissal of the case for failure to prosecute, if the failure occurs on the part of the plaintiff; (ii) striking the answer resulting in default if such failure occurs on the part of the defendant; (iii) imposing monetary sanctions against the offending party and counsel, and/or (iv) where applicable, revoking the pro hac vice status of attorneys so admitted. Dated: September 3, 2025 _______________________________________ HON. ANNE HWANG 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 17
=== AH-Order Setting Scheduling Conference-5-23-25 ===
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 No. Plaintiff, ORDER SETTING SCHEDULING CONFERENCE v. Date: Time: Defendant. Courtroom: , , PLEASE READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This matter is set for a Scheduling Conference on the above date in Courtroom 7D of the First Street Courthouse, 350 West First Street, Los Angeles, CA 90012. A. PRELIMINARY MATTERS 1. Service of Pleadings. If Plaintiff has not already served the operative complaint on all Defendants, Plaintiff shall do so promptly and shall file proofs of service of the summons and complaint within three (3) days thereafter. See Fed. R. Civ. P. 4. Defendants also shall timely serve and file their responsive pleadings (if not 1 previously done) and comply with the requirements of Local Rule 5-3.2. At the Scheduling Conference, the Court will dismiss all remaining fictitiously named Defendants. The Court will also set a date by which motions to amend the pleadings or add parties must be heard. 2. Order Applies to Pro Se Litigants. “Counsel,” as used in this Order, includes parties who have elected to appear without counsel and are representing themselves in this litigation (hereinafter referred to as “pro se litigants”). Pro se litigants must comply with this Order, the Federal Rules of Civil Procedure, and the Local Rules of the Central District of California. See Local Rules 1-3, 83-2.2.3. Pro se litigants are required to participate in the Scheduling Conference. 3. Notice to be Provided by Counsel. The plaintiff’s counsel or, if the plaintiff is appearing pro se, defense counsel, shall provide this Order to all known parties who have not yet appeared or who appear after the date of this Order. This and all other applicable orders in this case are available at the bottom of Judge Hwang’s webpage (https://www.cacd.uscourts.gov/honorable-anne-hwang). The Local Rules are available on the Central District of California website (https://www.cacd.uscourts.gov/court-procedures/local-rules). 4. Compliance with Fed. R. Civ. P. 26. The Scheduling Conference will be held pursuant to Fed. R. Civ. P. 16(b). The parties are reminded of their obligations to (i) make initial disclosures “without awaiting a discovery request” (Fed. R. Civ. P. 26(a)(1 and (ii) confer on a discovery plan at least twenty-one (21) days before the Scheduling Conference (Fed. R. Civ. P. 26(f . The Court encourages counsel to agree to begin to conduct discovery actively before the Scheduling Conference. At the very least, the parties shall comply fully with the letter and spirit of Fed. R. Civ. P. 26(a) and thereby obtain and produce most of what would be produced in the early stage of discovery. At the Scheduling Conference, the Court will impose strict deadlines to complete discovery. 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 B. PARTIES MUST PREPARE AND FILE A JOINT RULE 26(f) REPORT The Joint Rule 26(f) Report must be filed not later than fourteen (14) days before the Scheduling Conference. A Mandatory Chambers Copy of the Joint Rule 26(f) Report must be delivered to Judge Hwang’s box outside of the Clerk’s Office on the fourth floor of the First Street Courthouse by 12:00 p.m. the day after the Joint Rule 26(f) Report is filed. The Report shall be drafted by the plaintiff (unless plaintiff is a pro se litigant or the parties agree otherwise) but shall be submitted and signed jointly. “Jointly” means a single report, regardless of how many separately represented parties exist in the case. The Joint Rule 26(f) Report shall specify the date of the Mandatory Scheduling Conference on the caption page. Under the title, it shall list the dates of the (1) Original Complaint; (2) Removal (if removed); (3) Responsive Pleading; and (4) Trial (proposed). The Joint Rule 26(f) Report shall address the matters set forth in Fed. R. Civ. P. 26(f) and Local Rule 26, some of which are enumerated below, and shall also contain the following: 1. Statement of the Case. A short synopsis (not to exceed two (2) pages) of the claims, counterclaims, affirmative defenses, and procedural history. 2. Subject-Matter Jurisdiction. A statement of the specific basis of federal jurisdiction, including supplemental jurisdiction. For federal question jurisdiction, cite the federal law under which the claim arises. For diversity jurisdiction, state each party’s citizenship and the amount in controversy. State whether the parties agree that federal jurisdiction exists and identify the basis for any disagreements. 3. Legal Issues. A brief description of all key legal issues, including any significant procedural, substantive, or evidentiary motions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 4. Parties, Evidence, etc. A list of parties, percipient witnesses, and key documents on the main issues in the case. For conflict purposes, corporate parties must identify all subsidiaries, parents, and affiliates. 5. 6. Damages. The realistic range of provable damages. Insurance. Whether there is insurance coverage, the extent of coverage, and whether there is or will be a reservation of rights. 7. Motions. a. Procedural Motions. A statement of the likelihood of motions to add other parties or claims, file amended pleadings, transfer venue, challenge the Court’s jurisdiction, etc. b. Dispositive Motions. A description of the issues or claims that any party believes may be determined by motion to dismiss or motion for summary judgment. 8. Manual for Complex Litigation. Whether all or part of the procedures of the Manual for Complex Litigation should be utilized. 9. (a) Discovery. Status of Discovery. A discussion of the present state of discovery, including a summary of completed discovery, and any current or anticipated disputes. (b) Discovery Plan. A detailed discovery plan, as contemplated by Fed. R. Civ. P. 26(f). State what, if any, changes in the disclosures under Fed. R. Civ. P. 26(a) should be made, the subjects on which discovery may be needed, whether discovery should be conducted in phases or otherwise be limited, whether applicable limitations should be changed or other limitations imposed, and whether the Court should enter other orders. A statement that discovery will be conducted as to all claims and defenses, or other vague description is not acceptable. (c) Discovery Cutoff. A proposed discovery cut-off date governing the completion of all fact discovery, including resolution of all discovery motions. 4 (d) Expert Discovery. Proposed dates for expert witness disclosures (initial and rebuttal) and expert discovery cutoff under Fed. R. Civ. P. 26(a)(2). 10. Settlement Conference/Alternative Dispute Resolution (“ADR”). A statement of what settlement negotiations have occurred, excluding any statement of the terms discussed. The parties must state their preference for mediation before: (i) the Magistrate Judge, (ii) the Court Mediation Panel, or (iii) a private mediator (at the parties’ expense). The Court will exercise its discretion to select an ADR option for the parties if they fail to state a preference. No case will proceed to trial unless all parties, including an officer of all corporate parties (with full authority to settle the case), have appeared personally and participated in an ADR proceeding. 11. Trial. (a) Time Estimate. Provide a realistic estimate, in days, of the court time required for trial and whether trial will be by jury or by the Court. Each side should specify (by number, not by name) how many witnesses it contemplates calling. If the time estimate for trial given in the Joint Rule 26(f) Report exceeds four (4) court days, counsel shall be prepared to discuss in detail the basis for the estimate. (b) Consent to Trial Before a Magistrate Judge. Whether the parties agree to try the case (either by jury or court trial) before a Magistrate Judge. See 28 U.S.C. § 636 (requiring party consent). The parties are strongly encouraged to consider consenting to trial before a Magistrate Judge. The parties are free to select from among all Magistrate Judges available for this purpose, not just the Magistrate Judge assigned to the parties’ case. (c) Lead Trial Counsel. List the name of the attorney who will serve as lead trial counsel, as well as other attorneys who will participate in the trial. Only one (1) attorney for a party may be designated as lead trial counsel unless otherwise permitted by the Court. If a second lead trial counsel is permitted by the Court, both counsel must attend the Pretrial Conference. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 12. Independent Expert or Master. State whether this is a case in which the Court should consider appointing a master pursuant to Fed. R. Civ. P. 53 or an independent expert. The appointment of a master may be especially appropriate if there are likely to be substantial discovery disputes, numerous claims to be construed in connection with a summary judgment motion, a lengthy Daubert hearing, a resolution of a difficult computation of damages, etc. 13. Schedule Worksheet. The parties must make every effort to agree on all pretrial and trial dates. The parties must submit a completed copy of the attached Schedule of Pretrial and Trial Dates Worksheet (“Worksheet”) with their Joint Rule 26(f) Report. The entries in the “Time Computation” column reflect what the Court believes is appropriate for most cases and will allow the Court to rule on potentially dispositive motions sufficiently in advance of the Final Pretrial Conference. However, the parties may propose earlier dates by which the key requirements must be completed. Each date should be stated as month, day, and year (e.g., 2/10/2022). Hearings shall be on Wednesdays, beginning at 1:30 p.m. Other deadlines not involving the Court may be scheduled any day of the week. The parties must avoid holidays. The Court may order different dates than those required. The discovery cut- off date is the last day by which all depositions must be completed, responses to previously served written discovery must be provided, and motions concerning discovery disputes must be heard, not filed. In other words, any motion challenging the adequacy of discovery responses must be filed timely, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date, if the motion is granted. If the parties wish the Court to set dates in addition to those on the Worksheet, they may so request by a separate stipulation and proposed order. Additional hearings are often appropriate for class actions, patent cases, and cases for benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”). If the parties agree on a date, the agreed-upon date should be put in the plaintiff’s column while the defendant’s column should be 6 marked “Agree.” If the parties disagree on a date, each party should put their proposed date in their respective column. 14. Other Issues. A statement of any other issues affecting case management, including unusually complex technical issues, related litigations, disputes over protective orders, extraordinarily voluminous document production, discovery in foreign jurisdictions, and any proposals concerning severance, bifurcation, or other ordering of proof. C. SCHEDULING CONFERENCE 1. Continuance. A request to continue the Scheduling Conference will be granted only for good cause. The parties should refer to the Court’s Standing Order for additional guidance regarding requests for continuance. The parties should plan to file the Joint Rule 26(f) report on the original due date even if a continuance of the Scheduling Conference is granted. 2. Participation. Lead trial counsel must attend the Scheduling Conference, unless excused by the Court for good cause. Remote appearances are not permitted except for good cause shown. Instructions for remote appearances can be found on Judge Hwang’s webpage. 3. Vacating Scheduling Conference. The Court may vacate the Scheduling Conference and issue the Scheduling Order based solely on the parties’ Joint Rule 26(f) Report pursuant to Fed. R. Civ. P. 16(b). 4. Failure to Submit a Timely Joint Rule 26(f) Report. The failure to timely submit a Joint Rule 26(f) Report or to attend the Scheduling Conference may result in dismissal of the action, striking of the answer and entry default, and/or imposition of sanctions. 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
=== AH-Standing Order for CRIMINAL Cases ===
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. Plaintiff, v. __________________________, Defendant(s). STANDING ORDER FOR CRIMINAL CASES ASSIGNED TO JUDGE ANNE HWANG READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to Judge Anne Hwang. Both the court and the parties’ counsel bear responsibility for the progress of this action. “Counsel,” as used in this Order, includes attorneys and parties who have elected to appear without an attorney and are representing themselves (hereinafter referred to as “pro se defendants”). To ensure the just determination of this action, “to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay,” Fed. R. Crim. P. 2, all parties or their counsel, including pro se defendants, are ordered to be familiar with the Federal Rules of Criminal Procedure, the Local Criminal Rules of the Central District of California (“Local Criminal Rules”), the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 applicable Local Civil Rules of the Central District of California (“Local Civil Rules”),1 and this court’s standing orders, online procedures, and schedules. UNLESS OTHERWISE ORDERED BY THE COURT, THE FOLLOWING RULES SHALL APPLY: A. GENERAL REQUIREMENTS 1. Formatting of Pleadings The caption title of every pleading shall contain the name of the first-listed defendant if the pleading applies to all defendants. If the document applies only to certain defendants, the caption shall list the name of the first defendant followed by the name(s) and number(s) of the remaining defendants involved (in the order listed on the docket). In an effort to create a docket that is clear and that can be searched easily, the title of every pleading shall include the name of the defendant(s) to which it refers. However, if the pleading applies to all defendants or if there is only a single defendant, the name(s) of the defendant(s) do not need to appear in the title. 2. Electronic Filing Counsel shall electronically file (“e-file”) all filings pursuant to the Central District’s Local Rules and General Orders concerning electronic filing, unless superseded by this Order. Items that do not require the Court’s signature shall be e- filed in PDF format. Pro se defendants may submit documents for filing through the Court’s Electronic Document Submission System (“EDSS”) instead of mailing or bringing documents to the Clerk’s Office. Only internet access and an email address are required. Documents are submitted in PDF format through an online portal on the Court’s website. To access EDSS and for additional information, visit the Court’s website at https://apps.cacd.uscourts.gov/edss. 1 “When applicable directly or by analogy, the Local [Civil] Rules of the Central District of California shall govern the conduct of criminal proceedings before the District Court, unless otherwise specified.” Local Criminal Rule 57-1. 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 3. Mandatory Chambers Copies Mandatory chambers copies are to be submitted pursuant to Local Civil Rule 5- 4.5. The Court requires copies of: (i) initial pleadings (information, indictment, superseding information or indictment); (ii) motion papers (motions, oppositions, replies, non-oppositions, and any related document); (iii) trial documents (joint statement of the case, proposed voir dire, jury instructions, verdict form, joint exhibit list, joint witness list, and any disputes relating to any of the foregoing); (iv) plea agreements; and (v) sentencing position papers. Deliver Chambers Copies promptly to Judge Hwang’s mailbox outside the Clerk’s Office on the fourth floor of the First Street Courthouse no later than 12:00 p.m. on the court day following the filing of the document. Applicable documents will not be considered until Chambers Copies are submitted. Delay in submitting such copies will delay consideration of the submission. Chambers Copies, which do not need to be submitted with blue backing, should be copies of the filed document—i.e., they should have the docket information on the top of each page. Filings that include highlighting, color photographs, “redlining,” or the like should be printed in color. 4. Proposed Orders Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. The Court enforces strict compliance with Local Rule 5-4.4.2, which instructs: “After a document requiring a judge’s signature has been lodged under L.R. 5-4.4.1, a. . . Microsoft Word copy of the proposed document, along with a PDF copy of the electronically filed main document, must be emailed to the assigned judge’s generic chambers email address,” namely, [email protected]. The Court will not consider a stipulation, ex parte application, or other request for relief until a compliant proposed order is received by email. If the proposed order is based on a 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 stipulation or an ex parte application, counsel must email both the order and the stipulation or ex parte application. Otherwise, accompanying documents (such as motions) should not be emailed to Chambers. 5. Artificial Intelligence Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer’s Rule 11 obligations. B. DISCOVERY 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. The Government shall promptly produce to counsel for the defendant any evidence falling within the scope of Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), Roviaro v. United States, 353 U.S. 53 (1957) and United States v. Henthorn, 931 F.2d 29 (9th Cir. 1991). Upon government counsel’s discovery of any evidence within the scope of Brady v. Maryland, 373 U.S. 83 (1963), such evidence shall be produced forthwith to counsel for the defendant. Counsel for the government shall also disclose to counsel for defendant the existence or non-existence of: (1) evidence obtained by electronic surveillance; and (2) testimony by a government informer. The Government shall produce to defendant(s) the discovery related to evidence it seeks to introduce at trial no later than two (2) weeks prior to the scheduled trial date. If there is discovery related to trial evidence that is produced after this date, such evidence will not be admitted at trial subject to an ex parte application being filed by the Government seeking such relief that is approved by the Court. Counsel shall meet and confer to resolve discovery disputes informally prior to 4 filing a motion to compel discovery. All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery at issue has been requested, and opposing counsel’s response to such request. The Court may decline to hear discovery motions made without prior consultation with opposing counsel. C. BAIL REVIEW Any request for bail review based on changed circumstances or information not previously presented to the Magistrate Judge shall be addressed in the first instance to the Magistrate Judge and shall be served on both opposing counsel and Pretrial Services. D. CONTINUANCES Continuances are granted only on a showing of good cause. Requests for continuances must be made before the date to be continued and by motion or stipulation, along with a proposed order. Motions and stipulations must be accompanied by a detailed declaration setting forth the specific reasons for the requested continuance and the precise deadline(s) the parties propose. A stipulation that fails to list the precise date(s) the parties wish to move, and the new date(s) they propose, will be denied for failure to comply with this Standing Order. For example, if the stipulation improperly proposes that all deadlines be moved by “60 days” without specifying the proposed new dates that would result from that requested continuance, the Court will deny the request. The declaration also should state whether there have been any previous requests for continuances; whether these requests were granted or denied by the Court; what efforts were made to meet the existing deadline; and what, if any, prejudice would result if the request is denied. Stipulations extending dates set by this Court are not effective unless approved 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 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 E. MOTIONS - GENERAL REQUIREMENTS 1. Time for Filing and Hearing Motions Motions shall be filed in accordance with Federal Rule of Criminal Procedure 47 and Local Criminal Rule 49, et seq., unless superseded by this Order. Pretrial motions, including motions in limine, shall be filed no later than four weeks before the Final Pretrial Conference. This Court hears criminal motions on Wednesdays, beginning at 8:30 a.m. The Court hears all motions in limine, which shall be numbered sequentially by each party who presents them, at the time of the Final Pretrial Conference. The last day to hear motions is the date of the Final Pretrial Conference. All motions shall be set in accordance with this Order and the Local Rules. 2. “Meet and Confer” Requirement Counsel must meet and confer with opposing counsel “to discuss thoroughly … the substance of the contemplated motion and any potential resolution” thereof. Local Criminal Rule 57-1; Local Civil Rule 7-3. Counsel shall discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the court. 3. Length and Format of Motion Papers Memoranda of points and authorities in support of or in opposition to motions shall not exceed twenty-five (25) pages. Replies shall not exceed twelve (12) pages. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations. Typeface and spacing shall comply with Local Rule 11-3.1.1, except that the parties are required to use only 14-point Times New Roman font. Footnotes shall be in the same font and the same size as the body of the memorandum. Counsel shall adhere to Local Rule 5-4.3 with respect to the conversion of all documents to PDF format so that when a document is electronically filed, it is in proper size and is text searchable. Further, all documents shall be filed in a format so that text can be selected, copied, and pasted directly from the document. 6 See Local Rule 5-4.3.1. a. Documents with Declarations, Exhibits, and Other Attachments If a filed or lodged document has declarations, exhibits, or other attachments, each of these must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration). b. Citations to Case Law Citations to case law must identify not only the case cited, but the specific page referenced. Citations to cases must be in Bluebook format. Parties should not use string cites without good reason. When using string cites, a party should include a parenthetical explanation for each cited case. c. Citations to Other Sources Statutory references should identify with specificity the sections and subsections referenced. Citations to treatises, manuals, and other materials should include the volume, section, and pages being referenced. 4. Ex Parte Applications The Court considers ex parte applications on the papers and does not usually set these matters for a hearing. If a hearing is necessary, the parties will be notified. Ex parte applications are solely for extraordinary relief and should be used with discretion. Any party seeking ex parte relief must comply with Local Rule 7-19. The opposing party should advise the CRD as soon as possible whether it intends to oppose the ex parte application. The application will not be considered until a Mandatory Chambers Copy has been provided. Reply briefs in support of ex parte applications are not permitted. The parties must provide Chambers Copies on the same day they are filed. The parties should not assume that an unopposed ex parte application will be granted; and a last-minute application (or stipulation) that is denied will not serve to relieve a party of an underlying obligation (e.g., a soon-to-expire deadline). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F. HEARINGS All criminal matters are heard on Wednesdays at 8:30 a.m. 1. Sentencing Hearings A sentencing hearing will be scheduled at the conclusion of the plea hearing. It will be scheduled for no less than 14 weeks after the plea hearing to permit the preparation of the presentence report. Both parties will be permitted to file a sentencing brief, which is due no later than 14 days before the sentencing hearing. If either party does not intend to file a brief, the Courtroom Deputy Clerk shall be notified no less than 14 prior to the sentencing Hearing. Any request for a continuance shall be made no later than seven days prior to the date of the hearing. 2. Change of Plea/Entry of Guilty Plea Hearings Counsel shall contact the Courtroom Deputy Clerk to set a date for the hearing. If the parties agree to proceed with an open plea, counsel shall confer and file a stipulation as to the factual basis no later than seven days prior to the hearing. A superseding information or indictment shall not be attached to the end of the plea agreement. It shall be filed pursuant to the Local Rules and have its own docket entry. Counsel will be referred to PIA to be arraigned on the new charges. G. TRIAL REQUIREMENTS No later than 14 days before the Final Pretrial Conference, counsel shall file the following: 1. Trial Memorandum The government shall file a trial memorandum that shall set forth (1) a factual summary of the government’s case-in-chief; (2) a statement of the charges and the elements of each charge; (3) a time estimate of the length of the government’s case-in- chief, including anticipated cross-examination; and (4) a discussion of relevant legal and evidentiary issues as applied to the facts of the particular case. The government shall specify, after a meet and confer, whether the parties agree or disagree on matters 8 (1) through (4). 2. Statement of the Case Counsel shall meet and confer 21 calendar days prior to the Final Pretrial Conference and seek to reach agreement on a Joint Statement of the Case that will be read to the panel of prospective jurors. Counsel shall file the joint statement of the case no later than 14 calendar days prior to the Final Pretrial Conference. If the parties cannot agree on such a joint statement, they shall file a “Disputed Joint Statement of the Case,” which shall include each party’s respective proposed statement, together with a “redline” comparing the parties’ respective statements. The parties shall deliver a courtesy copy pursuant to Local Civil Rule 5-4.5. A final version of the joint statement shall be provided to the Court on the first day of trial. 3. Voir Dire Counsel may submit proposed voir dire questions that are unique to the particular trial. Each party may file their respective questions 14 calendar days prior to the Final Pretrial Conference. 4. Witness List The Government shall file a witness list no later than 14 calendar days prior to the Final Pretrial Conference. The list shall include the witnesses in the order that they are expected to testify, and will provide, to the extent possible, an accurate estimate of the time needed for each witness for direct testimony. It shall also include a brief summary of each witness’ testimony. If more than one witness is offered on the same subject, the summary should be sufficiently detailed to allow the Court to determine if the testimony is cumulative. Not later than 12:00 pm on the Friday before the commencement of trial, the Government and defense counsel shall each email their respective witness lists in Word to [email protected]. If the defendant does not intend to call any witnesses, the email shall so state. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 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. Jury Instructions Jury instructions shall be filed no later than 14 calendar days prior to the Final Pretrial Conference. The parties shall make every attempt to agree upon jury instructions before submitting proposals to the Court. The Court prefers Ninth Circuit model instructions. Counsel shall exchange proposed jury instructions (general and special) 28 calendar days prior to the Final Pretrial Conference. Counsel shall exchange any objections to the instructions 21 calendar days prior to the Final Pretrial Conference. Counsel shall meet and confer with the goal of reaching an agreement on one set of joint jury instructions, which shall be filed no later than 14 calendar days before the Final Pretrial Conference. If the parties disagree over any proposed jury instruction(s), the parties shall file: (i) one set of proposed jury instructions to which all parties agree; and (ii) one set of disputed jury instructions, which shall include a “redline” of any disputed language and/or the factual or legal basis for each party’s respective position as to each disputed instruction. Where appropriate, the disputed instructions shall be organized by subject, so that the instructions that address the same or similar issues are presented sequentially. The parties shall deliver a courtesy copy of these documents pursuant to Local Civil Rule 5-4.5. A final “clean” version of the jury instructions, which shall include the text of each instruction (eliminating titles, supporting authority, indication of party proposing, etc.), shall be provided to the Court on the first day of trial and sent via email in Word to [email protected]. 6. Verdict Forms The parties shall make every attempt to agree upon a verdict form before submitting proposals to the Court. Counsel shall file a proposed verdict form(s) no later than 14 calendar days prior to the Final Pretrial Conference. If the parties are unable to agree on a verdict form, the parties shall file one document titled “Competing Verdict Forms” which shall include: (i) the parties’ respective proposed verdict form; (ii) a “redline” of any disputed language; and (iii) the factual or legal 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 basis for each party’s respective position if the entire form is being disputed. The parties shall deliver a courtesy copy of these documents pursuant to Local Civil Rule 5-4.5. A final version of the verdict form shall be provided to the Court on the first day of trial and sent via email in Word to [email protected]. 7. Exhibits a. Exhibit List Counsel shall each prepare an exhibit list in compliance with Local Civil Rule 16-6. Counsel shall meet and confer at least 21 calendar days before the Final Pretrial Conference to discuss and seek to agree, to the extent possible, on issues including foundation and admissibility of proposed exhibits by the Government. The exhibit list shall comply with Local Civil Rule 16-6.1. The Government shall file its exhibit list 14 calendar days prior to the Final Pretrial Conference. Counsel shall file a “Notice of Disputed Exhibits,” if applicable, which shall set forth the basis for any disputed exhibit(s). Counsel shall confer so that there are no duplicate exhibits. Not later than 12:00 pm on the Friday before the commencement of trial, the Government and defense counsel shall each email their respective exhibit list in Word to [email protected]. If the defendant does not intend to offer any exhibits, then the email shall so state. b. Exhibit Preparation One original (witness copy) and two copies (bench and courtroom deputy copy) shall be presented to the Courtroom Deputy Clerk on the first day of trial. The exhibits shall be presented in a binder. Each binder shall be clearly labeled on the spine to include the case name, party and volume umber. The Court does not require specific exhibit tags so long as each document is Bates stamped and separated with a divider that is numbered. Each party shall use a different number sequence and shall comply with Local Civil Rule 26-3. c. Voluminous/Security Prone Trial Exhibits/Materials Arrangements for bringing voluminous trial materials or exhibits into the 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 Courtroom through the Building Vehicle Loading Dock, if required, may be made through the Space & Facilities Help Desk at (213) 894-1400. Before contacting Space & Facilities for a required security pass, prior approval of delivery time must be coordinated with the Courtroom Deputy Clerk. Once approval from the Clerk is received, logistical delivery information must be provided to Space & Facilities no later than 48 hours prior to the date of arrival to create and issue the required security pass. Counsel and messengers attempting to access the building parking and loading dock without a required pass will be denied entry. Exhibits such as firearms, narcotics, etc., must remain in the custody of a law enforcement agent during the pendency of the trial. It shall be the responsibility of the agent to produce any such items for the Court, secure them at all times that the Court is not in session, and guard them at all times while in the courtroom. The United States Marshals Service shall be advised whenever weapons or contraband are to be brought into the courthouse. d. Video Exhibits Counsel shall seek admission only of the portions of video exhibits played before the jury. The Court will not admit extraneous portions of videos and will strictly control the admission of any wasteful or cumulative video exhibits under Rule 403. e. Glossary/Notice At least one week before trial, the parties much confer and file a glossary of terms for the court reporter that includes applicable medical, scientific, or technical terms, gang terms, slang, the names and spellings of names likely to be cited, and any other case-specific terminology. H. ATTORNEY AND PARTY CONDUCT AT TRIAL 1. Trial Schedule The Court will adopt a particular time schedule on a case-by-case basis. In general, the schedule will be either: (i) from 8:30 a.m. to 2:30 p.m. with two or three 20-minute breaks; or (ii) from 9:00 a.m. to 4:30 p.m., with a 15-minute break in both 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 the morning and the afternoon, and a one-hour lunch break. This schedule may be changed for each trial and during each trial depending on the scheduling needs of jurors, witnesses, counsel or the Court. Defense counsel is responsible for making the necessary arrangements with the United States Marshals Service so that any defendant who is in custody is provided clothing and/or snacks. a. Courtesy Copies At the time of trial, counsel shall provide to the Courtroom Deputy Clerk three (3) copies of: (i) the witness list in the order in which the witnesses will be called to testify; (ii) the witness list in alphabetical order; (iii) a final set of jury instructions; (iv) a final version of the verdict form; (v) the exhibit list and exhibits; (vi) proposed voir dire questions; and (vii) a statement of the case. To the extent changes are made to the jury instructions, verdict form, or exhibit list, a Word version shall be emailed immediately to [email protected]. 2. Trial Conduct a. Opening Statements, Examining Witnesses and Summation At the end of each day, counsel presenting his or her case shall advise opposing counsel of the witnesses expected to testify the following day, with an estimate of the length of direct examination for each witness. Opposing counsel shall provide an estimate of the length of cross-examination for each witness. Cooperation of counsel will ensure an efficient trial process. It is the responsibility of all counsel to arrange the appearance of witnesses in order to avoid delay. Opening statements, examination of witnesses and summation will be from the lectern only. Counsel should not spend an unreasonable amount of time writing out words or drawing charts or diagrams. Counsel may do so in advance and explain that the item was prepared earlier to save time as ordered by the Court. The Court will honor reasonable time estimates for opening and closing presentations to the jury. In jury trials, where a party has more than one lawyer, only one may conduct the direct or cross-examination of a given witness. 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 b. Punctuality The Court expects the parties, counsel, and witnesses to be punctual. Once the parties and their counsel are engaged in trial, the trial must be their priority. The Court will not delay progress of the trial or inconvenience jurors. If a witness was on the stand at the time of a recess or adjournment, the party that called the witness shall ensure the witness is back on the stand and ready to proceed as soon as trial resumes. The parties must notify the CRD in advance if any party, counsel, or witness requires a reasonable accommodation based on a disability or other reason. No presenting party may be without witnesses. If a party’s remaining witnesses are not immediately available, thereby causing an unreasonable delay, the Court may deem that party to have rested. The Court generally will accommodate witnesses by permitting them to be called out of sequence. Counsel should meet and confer in advance and make every effort to resolve the matter. c. Objections and General Decorum When objecting, counsel must stand to state the objection and state only that counsel objects and the legal ground for objection. If counsel wishes to argue an objection further, counsel must ask for permission to do so; the Court may or may not grant a request for conference at sidebar. The Court strongly discourages the excessive use of sidebars because this is inefficient. Instead, evidentiary issues should be anticipated in advance of trial and should be addressed through motions in limine and/or in connection with the rulings on exhibits. Counsel must not approach the Courtroom Deputy Clerk or the witness stand without permission. When permission is given, counsel shall return to the lectern when the task has been completed. Counsel must not engage in questioning a witness at the witness stand absent specific approval by the Court. Counsel must address all remarks to the Court. Counsel are not to address the Courtroom Deputy Clerk, the Reporter, persons in the audience or opposing counsel. If counsel wishes to speak with opposing counsel, counsel must ask permission to talk 14 off the record. Any request for the re-reading of questions or answers shall be addressed to the Court, not to the court reporter. Counsel must not make an offer of stipulation unless counsel already has conferred with opposing counsel and has reason to believe the stipulation will be acceptable. On the first day of trial counsel shall advise the Court of any commitments that may result in counsel’s absence or late arrival on any day of the trial. Dated: FEBRUARY 19, 2025 _______________________________________ HON. ANNE HWANG 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 15
=== AH-TEMPLATE - Final Pretrial Conference 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’S NAME], Case No. 0:00-cv-00000 AH Plaintiff, [PROPOSED] FINAL PRETRIAL CONFERENCE ORDER v. [DEFENDANT’S NAME], Defendant. Trial Date: Final Pretrial Conference: Judge: Hon. Anne Hwang 1 Following pretrial proceedings, pursuant to Federal Rule of Civil Procedure 16 and Local Rule 16, IT IS ORDERED: I. THE PARTIES AND PLEADINGS [E.g. Plaintiff’s second cause of action for breach of fiduciary duty has been dismissed.] II. JURISDICTION It is stipulated that subject matter jurisdiction over this action exists under 28 U.S.C. § ___, and venue is proper in this District and this Division pursuant to 28 U.S.C. § ___. III. TRIAL DURATION The trial is estimated to take ___. IV. JURY TRIAL The trial is to be a jury trial. The parties’ jury instructions and verdict forms have been previously filed under separate cover as required by the Court’s Scheduling Order. Attached as Exhibit A are the parties’ proposed jury instructions and verdict forms. V. ADMITTED FACTS The following facts are admitted and require no proof: VI. STIPULATED FACTS The following facts, though stipulated, shall be without prejudice to any evidentiary objection: 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 VII. PARTIES’ CLAIMS AND DEFENSES Plaintiff’s Claims: a. Plaintiff plans to pursue the following claims against Defendant: Claim 1: Claim 2: b. The elements required to establish Plaintiff’s claims are: Claim 1: Claim 2: c. Key Evidence Plaintiff Relies on for Each Claim Claim 1: Claim 2: Defendant’s Affirmative Defenses: a. Defendant plans to pursue the following affirmative defenses: Defense 1: Defense 2: b. The elements required to establish Defendant’s affirmative defenses are: Defense 1: Defense 2: VIII. REMAINING TRIABLE ISSUES In view of the admitted facts and the elements required to establish the claims and affirmative defenses, the following issues remain to be tried: IX. DISCOVERY All discovery is complete. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 X. DISCLOSURES AND EXHIBIT LIST All disclosures under Fed. R. Civ. P. 26(a)(3) have been made. The joint exhibit list of the parties has been previously filed under separate cover as required by L.R. 16-6.1 (“Joint Exhibit List”). In view of the volume of exhibits marked by each party, the parties have incorporated in the attached “Joint Exhibit List” all agreements regarding admitted exhibits, and all objections, including the grounds therefor. XI. WITNESS LIST The parties’ joint witness list has been previously filed under separate cover as required by the Court’s Scheduling Order. The following table incorporates those witnesses that the parties intend to call at trial: [insert table identifying witnesses] Only the witnesses identified on the list will be permitted to testify (other than solely for impeachment). XII. MOTIONS IN LIMINE The parties’ motions in limine have been previously filed under separate cover as required by the Court’s Scheduling Order. The parties have met and conferred on these initial motions. The following motions in limine, and no others, are still pending and at issue: [insert table identifying motions in limine that are still at issue] XIII. BIFURCATION Bifurcation of the following issues for trial is ordered. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 XIV. ADMISSIONS The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues remaining to be litigated, this Final Pretrial Order shall supersede the pleadings, and govern the course of the trial of this cause, unless modified to prevent manifest injustice. IT IS SO ORDERED. DATED: HON. ANNE HWANG UNITED STATES DISTRICT JUDGE Approved as to form and content: Dated: Counsel for Plaintiff By: Counsel for Plaintiff Dated: Counsel for Defendant By: Counsel for Defendant 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
Ask CiteLaw's AI Navigator anything about this judge practice, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.
