Anello Civil Chambers Rules; Anello Criminal Chambers Rules

=== Anello Civil Chambers Rules ===

Updated: 08/27/2019 HON. MICHAEL M. ANELLO UNITED STATES DISTRICT JUDGE CIVIL CHAMBERS RULES Courtroom Deputy Patricia Dela Cruz: (619) 557-2921 Judge Anello’s Law Clerks: (619) 557-5960 Courtroom 3D Schwartz Courthouse All matters before Judge Anello shall be conducted in accordance with the following practices. Except as otherwise provided herein, or as specifically ordered by the Court, all parties are expected to comply strictly with the Local Rules of the Southern District of California and the Federal Rules of Civil Procedure. As set forth in more detail below, Judge Anello’s Civil Chambers Rules cover the following topics: Communication with Chambers Courtesy Copies I. II. III. Motion Practice Generally IV. Motions for Summary Judgment V. Prisoner Civil Rights Cases Temporary Restraining Orders VI. VII. Proposed Orders and Joint Motions VIII. Ex Parte Motions IX. Motions In Limine X. Trial Scheduling and Procedures I. COMMUNICATION WITH CHAMBERS Telephone calls to Chambers are permitted for matters such as scheduling and calendaring. The Court does not provide time estimates for its written rulings, and Judge Anello’s law clerks are prohibited from giving legal advice or discussing the merits of a case. When calling Chambers, be prepared with your case number and other pertinent case information. Any questions or concerns regarding electronic filing, including e-filing civil documents under seal, or attorney admissions should be directed to the Clerk’s Office. The appropriate telephone numbers may be found on the Court’s internet site at www.casd.uscourts.gov. The Court’s internet site provides comprehensive information and guidance with respect to the CM/ECF system, the procedure for e-filing civil documents under seal, and the attorney admissions process. -1- II. COURTESY COPIES Courtesy copies of filings that exceed twenty (20) pages in length must be submitted directly to Chambers as soon as practicable after filing. This includes multiple filings in a single court day that together exceed 20 pages in length (i.e., moving papers consisting of a Notice of Motion (3 pages), a Memorandum of Points and Authorities (12 pages), an Exhibit (10 pages), and a Certificate of Service (2 pages . Please consult the Electronic Case Filing Administrative Policies and Procedures Manual, available on the Court’s internet site, for further information regarding the courtesy copy requirement. III. MOTION PRACTICE GENERALLY All dates for motion hearings must be obtained by contacting Chambers and speaking with the law clerk assigned to the case. After obtaining a hearing date from the law clerk, the moving party must file the motion within three (3) court days. Parties who fail to file their papers within three (3) court days of obtaining the hearing date may forfeit the assigned hearing date. The Court in its discretion may, and generally will, resolve motions on the papers, in accordance with Civil Local Rule 7.1.d.1. IV. MOTIONS FOR SUMMARY JUDGMENT All motions for summary judgment must be accompanied by a separate statement of undisputed material facts. The separate statement should be prepared in a table format, with each undisputed material fact individually enumerated and supported by citations to evidence in the record. If the moving party fails to submit a separate statement of undisputed material facts with the moving papers, the Court will issue a discrepancy order rejecting the motion for summary judgment as discrepant for failing to comply with this Chambers requirement. This may require the moving party to obtain a new hearing date. Any opposition to a summary judgment motion must include a response to the moving party’s separate statement of undisputed material facts. Any evidentiary and procedural objections to the motion for summary judgment must be filed contemporaneously with the opposition brief. Similarly, the moving party must file any evidentiary and procedural objections to the opposition brief contemporaneously with its reply brief. If filed as a separate document, evidentiary and procedural objections may not exceed five (5) pages in length. -2- V. PRISONER CIVIL RIGHTS CASES Unless all parties timely consent in writing to magistrate judge jurisdiction, Judge Anello conducts all necessary proceedings for the disposition of any motion excepted from the magistrate judge’s jurisdiction by 28 U.S.C. § 636(b)(1)(A). Accordingly, all hearing dates for any matters upon which a dispositive ruling is required, must be obtained by contacting Chambers and speaking with the law clerk assigned to the case. This will most frequently involve motions to dismiss and motions for summary judgment. All non-dispositive motions, including discovery motions, motions for appointment of counsel, and post-service miscellaneous motions, must be directed to the attention of the assigned magistrate judge. 1 2 VI. TEMPORARY RESTRAINING ORDERS All motions for temporary restraining orders must be separately briefed and filed. A request for immediate injunctive relief contained within a case-initiating document such as a complaint is not sufficient. While temporary restraining orders may be heard in true ex parte fashion (i.e., without notice to an opposing party), the Court will do so only in extraordinary circumstances. The Court’s strong preference is for the opposing party to be served and afforded a reasonable opportunity to file an opposition. VII. PROPOSED ORDERS AND JOINT MOTIONS Proposed orders are required for any motion filed jointly by the parties or filed ex parte by a single party, and should be submitted simultaneously with the motion. Proposed orders generally are not required for noticed motions, i.e., motions set for hearing at least twenty-eight (28) days beyond the date of filing. In accordance with Section 2(h) of the Electronic Case Filing Administrative Policies and Procedures Manual, counsel should email proposed orders directly to Judge Anello’s official e-file email address, which is [email protected]. 1 See CivLR 72.3.e (“the assigned magistrate judge will conduct all necessary hearings and submit proposed findings of fact and recommendations for the disposition of all motions excepted from the magistrate judge’s jurisdiction by 28 U.S.C. ' 636(b)(1)(A), unless the district judge orders otherwise.”) (emphasis added). 2 As such, the requirement set forth in Civil Local Rule 72.f that “all hearing dates for any matters on which a dispositive ruling is required must be obtained from the law clerk of the magistrate judge to whom the case has been assigned” is waived. 3 VIII. EX PARTE MOTIONS Before filing any ex parte motion, the moving party must contact the opposing party to meet and confer regarding the subject of the ex parte motion. If an ex parte motion is unopposed, the motion should be accompanied by a declaration of counsel indicating such. If the opposing party fails to respond to the ex parte motion within one (1) court day, the Court will consider the ex parte motion unopposed and may grant the motion solely on that ground. If the opposing party requires more than one court day to respond to the ex parte motion, counsel must contact Chambers as soon as practicable to notify the Court and obtain additional direction from Judge Anello’s law clerks. IX. MOTIONS IN LIMINE Motions in limine shall be heard at the final pretrial conference. 3 Motions in limine must be filed at least twenty-eight (28) days before the final pretrial conference; oppositions to motions in limine must be filed at least fourteen (14) days before the final pretrial conference. No reply briefs will be accepted. Please see below for more information regarding the scheduling of the pretrial conference, trial date, and other pretrial deadlines. Each side is limited to a maximum of ten (10) motions in limine. Each side’s motions in limine must be supported by a single brief, not to exceed thirty (30) pages in length. The opposing side must file a single brief in opposition to the motions in limine, not to exceed twenty (25) pages in length. As the language above indicates, if the case involves multiple plaintiffs or multiple defendants, only one brief per side will be accepted. Unless the parties obtain leave of Court to exceed the limitations contained herein prior to filing, multiple filings and filings that exceed the page limitations will be stricken. The Court makes every effort to provide tentative rulings on the motions in limine prior to the final pretrial conference and will entertain oral argument on the motions at the final pretrial conference. 3 Please note that Daubert motions must be filed prior to the dispositive motions deadline set by the operative scheduling/case management order. 4 X. TRIAL PROCEDURES A. B. C. D. Pretrial Scheduling Order: For civil cases that proceed to trial, it is the Court’s general practice to issue a pretrial scheduling order immediately following the filing of an order ruling on a motion for summary judgment, or other dispositive pretrial motion, or in the event no dispositive pretrial motions are filed, after the expiration of the dispositive pretrial motion deadline set forth in the Scheduling Order/Case Management Order issued by the assigned magistrate judge. The pretrial scheduling order will set a pretrial conference, trial date, and all related pretrial deadlines. Final Pretrial Order: The parties shall submit a joint proposed final pretrial order via email to Judge Anello’s official e-file email address, [email protected], two Fridays prior to the date of trial, unless otherwise ordered by the Court. The parties should consult Civil Local Rule 16.1.f.6.c regarding proper form and content. 4 Proposed Jury Instructions: The parties shall file proposed jury instructions and verdict forms no later than 5:00 p.m. on the Thursday before trial, unless otherwise ordered by the Court. The parties should simultaneously email an electronic copy (Microsoft Word or Word Perfect format) to Judge Anello’s e-file email address, [email protected]. Exhibits: Parties must number their exhibits pursuant to the numbering system set forth in Civil Local Rule 16.1.f.2.c. So far as is possible, exhibits must be numbered in the order in which they will be presented and offered at trial. Parties must provide the Court with two copies of their exhibits no later than the Friday before trial. Parties must deliver their exhibits directly to Chambers. 5 E. Trial Schedule: In general, jury trials are scheduled from 9:00 a.m. to 4:00 p.m., beginning on Tuesdays, including a lunch recess from approximately 4 This rule modifies and supersedes the deadlines set forth in Civil Local Rule 16.1.f.6.b. Judge Anello does not require the parties to submit a joint proposed pretrial order prior to the final pretrial conference, and thus the requirement of Local Rule 16.1.f.6.b is waived. This policy allows for the parties to take into account the Court’s rulings on motions in limine when preparing the joint proposed pretrial order. 5 The Court may modify this numbering system when necessary for sake of clarity. Any modifications will generally be discussed at the Final Pretrial Conference. 5 12:00 noon to 1:00 p.m. and morning and afternoon breaks of approximately 15 minutes each. The Court will notify the parties of deviations from this schedule, and when possible will attempt to accommodate jurors, witnesses, and counsel, should conflicts arise. F. Practice and Procedures: In advance of trial, Judge Anello’s law clerk and/or courtroom deputy will provide counsel with handouts regarding the method used for jury selection, voir dire, and other relevant courtroom procedures. 6

=== Anello Criminal Chambers Rules ===

Updated: 1/31/2019 HON. MICHAEL M. ANELLO UNITED STATES DISTRICT JUDGE CRIMINAL CHAMBERS RULES Courtroom Deputy Patricia Dela Cruz Edward J. Schwartz United States Courthouse Courtroom 3D (619) 557-2921 All matters before Judge Anello will be conducted in accordance with the following practices. Except as otherwise provided herein, or as specifically ordered by the Court, all parties are expected to comply strictly with the Local Rules of the Southern District of California and the Federal Rules of Criminal Procedure. I. CALENDAR Criminal matters are heard on Mondays, beginning at 9:00 a.m. and 2:00 p.m., unless otherwise scheduled by the Court. A party seeking a continuance of a hearing must notify Judge Anello’s Courtroom Deputy at the earliest possible time. Please be advised that continuance requests should be made prior to the scheduled hearing so that the matter may be taken off calendar. II. MOTIONS Briefing Schedule All parties shall adhere strictly to Criminal Local Rule 47.1, which provides that all motions must be filed no later than fourteen (14) days prior to the date for which the motion is noticed unless the Court, by order and for good cause only, shortens that time. Motions to shorten time are disfavored due to the difficulty that untimely filing creates for both the opposing party, to prepare and file a response, and the Court, to review the parties’ submissions and prepare for hearing. Reply Briefs and Other Supplemental Documents There is no provision for reply briefs in Local Rule 47.1 and the briefing schedule set forth by the rule does not accommodate the filing of any supplemental documents prior to a scheduled motion hearing. If a party wishes to file a reply brief or other supplemental document in support of, or opposition to, a pending motion, the party must seek leave of court to do so. Leave will not be granted absent good cause and no supplemental filings will be accepted less than seven (7) days prior to the scheduled motion hearing. - 1 - III. SENTENCING DOCUMENTS All parties must adhere strictly to Criminal Local Rule 32.1(a)(9), which provides that completed sentencing summary charts must be filed no later than seven (7) days prior to a scheduled sentencing hearing. IV. COURTESY COPIES Unless otherwise ordered by the Court, for any document which exceeds twenty (20) pages in length (including attachments and exhibits), the filing party must deliver a courtesy copy directly to Chambers within 24 hours after filing. Please be advised that expeditious delivery is particularly important when a party has filed a lengthy sentencing document in an untimely manner. V. TRIAL PROCEDURES A. B. C. Trial Briefs: The parties must file trial briefs on or before the Thursday prior to the date of trial. The parties should consult Criminal Local Rule 23.1 regarding proper form and content. Jury Instructions: The parties must file proposed jury instructions on or before the Thursday prior to the date of trial, unless otherwise directed by the Court. The Court prefers to use the Model Jury Instructions for the Ninth Circuit whenever possible. The parties should consult Criminal Local Rule 30.1 regarding proper form and content. The parties should simultaneously email an electronic copy (Microsoft Word or Word Perfect format) to Judge Anello’s e-file email address, [email protected]. Trial Schedule: In general, criminal trials are scheduled from 9:00 a.m. to 4:00 p.m., beginning on Tuesdays, including a lunch recess from approximately 12:00 noon to 1:00 p.m., and morning and afternoon breaks of approximately 15 minutes each. The first day of trial, attorneys should expect to appear at 8:30 a.m. for a final review of trial procedures and to resolve any remaining issues. The Court will notify the parties of deviations from this schedule, and when possible will attempt to accommodate jurors, witnesses, and counsel, should conflicts arise. - 2 - D. Use of Demonstratives: Any party who intends to use a demonstrative such as a PowerPoint presentation, poster boards, etc., during opening statements must disclose their intention to the opposing party on or before the Thursday prior to the date of trial. The parties must meet and confer prior to the first day of trial in order to resolve any objections or other issues. Counsel should contact Judge Anello’s Courtroom Deputy in order to make any necessary technological or logistical arrangements in advance of trial. E. Other Practice and Procedures: In advance of trial, Judge Anello’s Courtroom Deputy will provide counsel with handouts regarding the method used for jury selection, voir dire, and other relevant courtroom procedures. - 3 -