Bio - Magistrate Judge A. Joel Richlin; Civil Trial Order (PDF); Stipulated Protective Order (PDF)

=== Bio - Magistrate Judge A. Joel Richlin ===

Judge Richlin was appointed as a U.S. Magistrate Judge in 2023 and sits in Los Angeles. Judge Richlin welcomes consent cases and offers flexible scheduling as well as hands-on case management tailored to meet the needs of the case. Before his appointment, Judge Richlin served as General Counsel and Chief Litigation Officer for one of the nation’s largest hospital systems. In that role, he led a national legal department and was responsible for all litigation on behalf of the company’s hospitals and other business units, which included a real estate development firm and medical school. Judge Richlin personally led and supervised litigation in 14 states before federal courts, state courts, administrative agencies, and arbitral forums on a wide range of subject matters including labor, employment, professional and general liability, as well as all manner of business disputes. Judge Richlin represented the company’s business units as both plaintiff and defendant in single plaintiff, multi-party, and collective actions across the country, with a particular focus on complex healthcare regulatory and business disputes. Judge Richlin is a recognized expert on healthcare regulatory matters and regularly speaks across the country on matters such as the False Claims Act, the Affordable Care Act, ERISA, Medicare, Medicaid, and managed care reimbursement. Prior to his in-house service, Judge Richlin worked in the Los Angeles Office of international law firm, Foley & Lardner LLP, where he was a Senior Counsel in the Business Litigation Group. There, Judge Richlin represented a wide variety of clients in business litigation, government investigations, and healthcare litigation matters, which included representation of both major health plans and hospital systems across the country. While at the firm, Judge Richlin maintained a robust pro bono practice and completed a secondment at the Los Angeles City Attorney’s Office to gain first-chair jury trial experience. At the beginning of his career, Judge Richlin served as a law clerk to 3 federal judges for nearly 5 years. He first clerked for the Honorable Alan M. Ahart of the United States Bankruptcy Court for the Central District of California, next for the Honorable Fernando M. Olguin who was then a magistrate judge for the Court, and finally for the Honorable Suzanne H. Segal who was then the Court’s chief magistrate judge. For more than 15 years, Judge Richlin has served as an Adjunct Professor of Law at Loyola Law School, Los Angeles where he has taught various classes involving appellate brief writing and oral advocacy, as well as mentored law students interested in pursuing judicial clerkships. Judge Richlin is active in several bar associations, including the Los Angeles Chapter of the Federal Bar Association, the Los Angeles County Bar Association’s Litigation Section, the Sedona Conference, the American Health Law Association, and the California Society for Healthcare Attorneys. Judge Richlin received his Bachelor of Arts degree, with honors, from Northwestern University, and his Juris Doctor degree, cum laude, from Loyola Law School, Los Angeles, where he was an editor of the Law Review.

=== Civil Trial Order (PDF) ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No. CIVIL TRIAL ORDER Plaintiff(s), v. Defendant(s). 17 I. DEADLINES 18 19 20 21 22 23 24 25 26 27 28 A. PARTIES/PLEADINGS: The Court has established a deadline for adding parties or amending pleadings. All motions to add parties or to amend the pleadings must be noticed to be heard on or before the deadline. All unserved parties will be dismissed at the time of the Final Pretrial Conference pursuant to Local Rule 16-8.1. B. DISCOVERY: 1. Discovery Cut-off: The Court has established a cut-off date for fact and expert discovery. These are not the dates by which discovery requests must be served. They are the dates by which all discovery, including all hearings on any related motions, must be completed. 2. Discovery Disputes: The parties are expected to comply with all Local Rules and the Federal Rules of Civil Procedure concerning discovery, as well as this Court’s procedures, found at http://www.cacd.uscourts.gov/honorable-joel-richlin. The parties are 1 2 expressly advised that the Court requires an informal discovery conference prior to any discovery motion being filed. The Court’s procedures regarding discovery motions are available on the 3 Court’s website. 4 5 6 7 8 9 10 11 12 13 14 C. MOTIONS: The Court has established a deadline for the hearing of motions. All motions, including motions to determine the admissibility of expert testimony pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), but excluding motions in limine, must be noticed so that the hearing takes place on or before the motion deadline. D. FINAL PRETRIAL CONFERENCE: The Court has scheduled a Final Pretrial Conference pursuant to Rule 16 of the Federal Rules of Civil Procedure and Local Rule 16-8. Each party appearing in this action must be represented at the Final Pretrial Conference by lead trial counsel or the party if appearing pro se, unless excused for good cause. If a party is represented by co-lead trial counsel, all co-lead trial counsel must attend the Final Pretrial Conference. The parties should be prepared to discuss streamlining the trial, including presentation of testimony by deposition excerpts or summaries, time limits, and stipulations to admission of exhibits and 15 undisputed facts. 16 17 18 19 Strict compliance with Local Rule 16 is required. Note that the Court does not exempt parties without attorneys from the requirements of Rule 16. Failure to comply with these requirements may result in the Final Pretrial Conference being taken off calendar or continued, or other sanctions. Other documents to be filed in preparation for, and issues to be addressed at, the 20 Final Pretrial Conference are discussed below. 21 22 23 24 25 26 27 E. ALTERNATIVE DISPUTE RESOLUTION: The Court has set a deadline for the parties to complete a settlement conference or mediation. No case will proceed to trial until the parties have exhausted their efforts at alternative dispute resolution. In all cases set for jury trial, the parties must notify the Court of any settlement no later than the Wednesday preceding the week that trial is set to start so that the necessary arrangements can be made to notify the members of the public who would otherwise be reporting for jury duty that their services are not needed on that date. Failure to comply with this notification requirement will cause the parties to be charged for 28 the costs related to processing potential jurors. 2 1 II. TERMINOLOGY 2 Any reference to “counsel” in this Order, includes parties representing themselves 3 without an attorney. 4 5 6 7 8 9 10 11 12 13 III. TRIAL PREPARATION AND DEADLINES A. MOTIONS IN LIMINE: All motions in limine must be filed by the deadline set by the Court. The parties are to meet and confer as required by Local Rule 7-3 to determine whether the opposing party intends to introduce the disputed evidence, and to attempt to reach an agreement that would obviate the motion. Any opposition must be filed by the date established by the Court. The Court generally will rule on motions in limine at the Final Pretrial Conference. Motions in limine should address specific issues (i.e., not “to exclude all hearsay”). Motions in limine should not be disguised motions for summary adjudication of issues. Motions in limine and oppositions thereto may be no more than 2,800 words, absent approval from the Court for an oversized brief upon a showing of good cause. Reply briefs, if any, may be no more than 2,100 words, absent 14 approval for good cause. 15 16 B. PROPOSED PRETRIAL CONFERENCE ORDER: A (Proposed) Pretrial Conference Order must be filed no later than five (5) court days before the Final Pretrial Conference 17 and must comply with the format and content required in the Local Rules. 18 19 20 21 22 23 24 25 26 27 28 C. TRIAL-RELATED DOCUMENTS: 1. Statement of the case (jury trials only): The parties will prepare a joint statement of the case which may be read by the Court to the prospective panel of jurors prior to the commencement of voir dire. The statement shall not exceed one page. The statement must be filed with the Court no later than five (5) court days before the Final Pretrial Conference date. 2. Witness list: Using the format provided below, the parties shall file a joint witness list no later than five (5) court days prior to the Final Pretrial Conference. The list shall include the full names of the witnesses in the order that they are expected to testify and provide, to the extent possible, an accurate estimate of the time needed for each witness for direct, cross, redirect, and re-cross. The parties will also provide a description of each witness’ testimony (e.g., “eyewitness to accident”). If more than one witness is offered on the same subject, the description 3 1 2 3 should be sufficiently detailed to allow the Court to determine if the testimony is cumulative. Any special considerations should be noted in the “comments” section (e.g., “will testify through a Spanish-language interpreter”). The parties must comply with the requirements of Local Rule 16- 4 5. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case Name: Case Number: No. of Witness Witness Full Name JOINT WITNESS LIST Party Calling Witness and Estimate X-Examiner’s Estimate Description of Testimony Comments 3. Findings of Fact and Conclusions of Law (Court Trials only): Notwithstanding Local Rule 52, for any matter requiring findings of fact and conclusions of law, unless otherwise expressly ordered by the Court, counsel will be required to file (Proposed) Findings of Fact and Conclusions of Law after the conclusion of the trial. The (Proposed) Findings of Fact must include citations to admitted evidence. Where witness trial testimony is necessary to establish a given fact, the party must obtain a transcript of the proceedings and file relevant excerpts of those transcripts with the (Proposed) Findings of Fact and Conclusions of Law. In addition to filing, counsel must email Microsoft Word versions of their (Proposed) Findings of Fact and Conclusions of Law to the chambers email address: [email protected]. 4. Jury Instructions and Verdict Forms: a. At least 14 days before the meeting of counsel required by Local Rule 16-2 (which must occur at least 40 days before the date set for the Final Pretrial Conference), counsel for plaintiff(s) must serve on defense counsel proposed jury instructions and proposed verdict/special verdict forms. Within seven (7) days, defense counsel must serve objections, if any, to those instructions and verdict forms, as well as any proposed alternative or additional instructions and verdict forms. Before or at the Rule 16-2 meeting, counsel must attempt to come to agreement 26 on the proposed jury instructions and verdict forms. 27 28 b. 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 4 1 2 3 4 5 6 7 8 9 10 11 and supplemented to fit the circumstances of this case. Where language appears in brackets, the appropriate language should be selected. All blanks should be completed. Where California law applies, counsel should use the current edition of California Jury Instructions–Civil (BAJI or CACI). If neither is applicable, counsel should consult the instructions manuals from other circuits or states, as applicable. When submitting other than Ninth Circuit or California instructions, counsel should be sure that the law on which the instruction is based is the same as Ninth Circuit law (or California or other state law, if applicable) on the subject. Counsel may submit alternatives to the Ninth Circuit model jury instructions, or BAJI or CACI, only if counsel has a reasoned argument that those instructions do not properly state the law or they are incomplete. c. The Court has its own introductory instructions (instructions read before opening statements). Counsel should provide only instructions to be read after the evidence 12 has been submitted or that may be appropriate during trial. 13 14 15 16 d. Each requested instruction must: (1) cite the authority or source of the instruction; (2) be set forth in full; (3) be on a separate page; (4) be numbered; (5) cover only one subject or principle of law; and (6) not repeat principles of law contained in any other requested instruction. The instructions should be submitted in the order in which the parties wish to have the 17 instructions read. 18 19 20 21 22 23 24 25 e. Unless otherwise ordered by the Court, all proposed jury instructions and verdict forms are to be filed no later than five (5) days prior to the Final Pretrial Conference date. If one party fails to comply with the provisions of this section, the other party must file a unilateral set of jury instructions, unless that party wishes to waive jury trial. The Court expects counsel to agree on the substantial majority of jury instructions, particularly when pattern or model instructions provide a statement of applicable law. In the event that agreement cannot be reached, counsel will file proposed instructions in the following format: (1) the agreed-upon instructions; (2) the instructions proposed by plaintiff and opposed by defendant; and (3) the instructions 26 proposed by defendant and opposed by plaintiff. 27 f. In addition, counsel must submit electronic versions (in Microsoft 28 Word format) of all proposed instructions to the chambers email address. 5 1 2 3 4 5 6 7 8 9 g. Each disputed instruction must have attached a short (one or two paragraph) statement, including points and authorities in support of the instruction, as well as a brief statement, including points and authorities, in support of any objections. A proposed alternative instruction must be provided, if applicable. If the Court believes that there are so many disputed instructions that the trial would be unnecessarily interrupted in order for the Court to resolve disputes, the Court will determine that the matter is not yet ready to be tried and will order counsel to continue to meet and confer until most of the disputes are resolved. h. With each set of instructions filed, counsel must provide an index of all instructions submitted per the example below, which must include the following: (1) the number 10 of the instruction; (2) the title of the instruction; (3) the source of the instruction and any relevant 11 case citations; and (4) the page number of the instruction. 12 13 14 15 16 Instruction No. 1 Title Source Page Duty of the Jury 9th Cir. 1.4 1 i. During the trial and before closing argument, the Court will meet with counsel and settle the instructions, and counsel will have an opportunity to make a further 17 record concerning their objections. 18 19 20 21 22 5. Glossary: No later than five (5) court days before the Final Pretrial Conference, the parties are to file a case-specific glossary for the Court and reporter that includes applicable medical, scientific, or technical terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/entities involved in the case, names of people interviewed/deposed, names of family members, friends, or others who might be mentioned, and 23 other case-specific terminology. 24 25 6. Exhibit List and Conference: a. Joint Exhibit List: A joint exhibit list shall be prepared in 26 compliance with the example below and Local Rule 16-6.1. 27 28 6 1 2 3 4 5 6 7 8 9 10 11 12 Case Name: Case Number: Exhibit No. Description Stip. To Authen. Stip. to Admiss. Date Identified Date Admitted JOINT EXHIBIT LIST The joint exhibit list will be filed no later than five (5) court days prior to the Final Pretrial Conference, and shall contain the information required by Federal Rule of Civil Procedure 26(a)(3)(A). The parties are to meet and confer sufficiently in advance of the required filing deadline to prepare the joint exhibit list. As part of the meet and confer process, counsel will stipulate so far as is possible as to foundation, waiver of the best evidence rule, and to those exhibits which may be received into evidence at the start of trial. A copy of the exhibit list with all admitted exhibits will be given to the jury during deliberations. Counsel must review and approve the exhibit 13 list with the Courtroom Deputy Clerk before the list is given to the jury. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 b. Exhibit Preparation: Exhibits are to be tagged in the lower right corner of each original page and numbered in accordance with Local Rule 16-6. Exhibits consisting of more than one page shall be internally paginated in the lower right corner, displaying both the exhibit number and the page number. Exhibit tags may be obtained from the receptionist in the Public Intake Section, located on the first floor of the Edward R. Roybal Federal Building at 255 East Temple St., Room 180. Digital exhibit tags are also available on the Court’s website under Court Procedures > Forms > General forms > Form G-14A (plaintiff) and G-14B (defendant). For cases with voluminous exhibits, the Court encourages the use of a digital exhibit management system as an alternative to paper exhibits. If the parties choose to use paper/physical exhibits (versus digital), all exhibits will be placed in 3-ring, loose-leaf binders, in numerical order, with divider tabs containing exhibit numbers. The face and spine of the notebooks are to be marked with the case name and number, the numbers of the exhibits contained therein, and the volume number. Each binder must contain an index of the exhibits included in the volume. Any exhibits that a party wishes the jury to see in its original form (versus replicated form), should be placed in 28 a Redweld expanding file folder and labeled and numbered as specified herein. 7 1 2 3 4 5 6 7 8 9 The parties shall prepare two sets of exhibit binders for the Court, and another set of binders for the opposing party. All sets must be brought to the Exhibit Conference (discussed below) if one is ordered, or otherwise, on the morning trial begins. If ordered by the Court in a case with a large number of exhibits, or if otherwise desired by the parties, the parties must also prepare individual witness binders: one for the Court; one for the opposing party; and one for the witness. Witness binders are to include only those exhibits that will be used when a particular witness testifies. The name of the witness should appear on the binder, and exhibits must be in numerical order and tabbed so that the witness, the Court, and the opposing party may easily access each exhibit as the witness’s testimony proceeds. Witness binders are used for the convenience of the 10 witness, the Court, and the parties. Accordingly, they need not be given to the Courtroom Deputy 11 Clerk or the opposing side until each witness is called. 12 If the parties wish to use a paperless presentation method, details must be discussed at the 13 Final Pretrial Conference. 14 15 16 17 18 19 20 21 22 23 24 c. Exhibit Conference: AN EXHIBIT CONFERENCE REQUIRING THE ATTENDANCE OF TRIAL COUNSEL WILL BE HELD AT 1:30 P.M. ON THE FRIDAY BEFORE THE SCHEDULED TRIAL DATE, UNLESS THE COURT ORDERS OTHERWISE. Exhibits are to be submitted to the Courtroom Deputy Clerk at the time of this conference. 7. Jury Selection: a. Voir Dire: No later than five (5) court days before the Final Pretrial Conference, each counsel may, but is not required to, file with the Court any special questions requested to be put to prospective jurors during voir dire. The Court will conduct this initial portion of voir dire. The Court provides a list of basic questions and may provide a list of additional case- specific questions to jurors before voir dire. (This is not a questionnaire to be completed by jurors; the answers are provided in court.) The Court will allow each side no more than 20 minutes to ask 25 follow-up questions of those jurors. 26 27 28 b. Selection: Generally, the Court will select eight jurors. Each side will have three peremptory challenges. The Court uses the “Arizona blind strike” method. See United States v. Harper, 33 F.3d 1143, 1145-46 (9th Cir. 1994). Under that method, the Court 8 1 2 3 4 conducts the initial portion of voir dire of the entire jury panel, then permits follow-up questioning by counsel as described above. After potential jurors are excused for cause, counsel for each side simultaneously submit their peremptory challenges in writing. The Court then eliminates the subjects of the peremptory challenges and selects the eight lowest numbered remaining panel 5 members as the jury. 6 7 8 9 10 11 12 13 14 15 D. TRIAL 1. Jury Trials: On the day of jury selection, Counsel must be prepared to go on the record at 8:30 a.m.; trial will begin at 9:00 a.m. Thereafter, trial days are generally Monday through Friday, 8:30 a.m. to 2:30 p.m., with three fifteen-minute breaks. When necessary, trials may continue beyond the normal schedule. In the Court’s experience, jurors greatly appreciate this schedule that does not include a lunch break because it allows jurors to finish by 2:30 p.m., which allows them to leave downtown before traffic and get back to work or other obligations. Attorneys also appreciate this schedule which leaves significant time available in the afternoon to prepare for the following day. If counsel anticipate that this schedule will be problematic due to the unavailability of witnesses or other reasons, counsel should provide details to the Court at the Final 16 Pretrial Conference. 17 18 19 20 21 22 23 24 25 26 27 28 On the day of jury selection, the Court reserves the time from 8:30 a.m. to 9:00 a.m. to handle legal and administrative matters. Jury selection will begin promptly at 9:00 a.m. or as soon as jurors are available. Thereafter, legal and administrative matters must be addressed between 8:15 a.m. and 8:30 a.m. All counsel are urged to anticipate matters that may need to be addressed outside of the presence of the jury and to raise them during this period or at the end of the day. The Court discourages sidebars during trial. The Court does not make jurors wait while counsel discuss matters that should have been addressed previously. Counsel are encouraged to consider any unusual substantive or evidentiary issues that may arise and to advise the Court of such issues as early as possible. Short briefs addressing such disputed issues are welcome. 2. Bench Trials: When the Court does not have to prioritize the needs of jurors, as in a bench trial, the Court will be very accommodating in trial scheduling and welcomes the input of the parties on the schedule that works best for the case. Counsel should propose trial 9 1 2 3 scheduling options at the Final Pretrial Conference. IV. CONDUCT OF ATTORNEYS AND PARTIES A. OPENING STATEMENTS, EXAMINING WITNESSES, AND 4 SUMMATION 5 6 7 8 9 10 1. Counsel must use the lectern for opening statements, examination of witnesses, and summation arguments. 2. The Court will establish reasonable time estimates for opening and closing arguments, examination of witnesses, etc. B. OBJECTIONS TO QUESTIONS 1. Counsel must not use objections for the purpose of making a speech, 11 recapitulating testimony, or attempting to guide the witness. 12 13 2. When objecting, counsel must rise to state the objection and state only that counsel objects and the legal ground of objection. If counsel wishes to argue an objection further, 14 counsel must ask for permission to do so. 15 16 17 18 19 C. GENERAL DECORUM 1. Counsel should not approach the Courtroom Deputy Clerk or the witness box without specific permission. If permission is given, counsel should return to the lectern when the purpose has been accomplished. Counsel should not question a witness at the witness stand. 2. Counsel and parties should rise when addressing the Court and when the jury 20 enters or leaves the courtroom. 21 22 23 24 3. Counsel should address all remarks to the Court. Counsel are not to address the Courtroom Deputy Clerk, the court reporter, persons in the audience, or opposing counsel while on the record. If counsel wish to speak with opposing counsel, counsel must ask permission to do so. Any request for the re-reading of questions or answers must be addressed to the Court. Such 25 requests should be limited. 26 27 28 4. Counsel should not address or refer to witnesses or parties by first name alone. Young witnesses (under 14) may, however, be addressed and referred to by first name. 5. Counsel must not offer a stipulation unless counsel has conferred with 10 1 2 3 4 5 6 7 8 9 10 11 opposing counsel and has verified that the stipulation will be acceptable. 6. While Court is in session, counsel must not leave counsel table to confer with any personnel or witnesses unless permission has been granted in advance. 7. Counsel should not by facial expression, nodding, or other conduct exhibit any opinion, adverse or favorable, concerning any testimony being given by a witness, statements or arguments by opposing counsel, or rulings by the Court. Counsel should admonish counsel’s own clients and witnesses to avoid such conduct. 8. Counsel should not talk to jurors at all and should not talk to co-counsel, opposing counsel, witnesses, or clients where the conversation could be overheard by jurors. Each counsel should admonish counsel’s own clients and witnesses to avoid such conduct. 9. Where a party has more than one lawyer, only one may conduct the direct or 12 cross-examination of a particular witness or make objections as to that witness. 13 14 15 16 17 D. PROMPTNESS OF COUNSEL AND WITNESSES 1. The Court makes every effort to begin proceedings at the time set. Promptness is expected from counsel and witnesses. Once counsel are engaged in trial, the trial is counsel’s first priority. The Court will not delay the trial or inconvenience jurors except under extraordinary circumstances. The Court will advise other courts that counsel are engaged in trial 18 in this Court on request. 19 2. If a witness was on the stand at a recess or adjournment, counsel must have 20 the witness back on the stand, ready to proceed, when the court session resumes. 21 3. Counsel must notify the Courtroom Deputy Clerk in advance if any witness 22 should be accommodated based on a disability or for other reasons. 23 24 25 26 27 4. No presenting party may be without witnesses. If counsel has no more witnesses to call and there is more than a brief delay, the Court may deem that party to have rested. 5. The Court attempts to cooperate with professional witnesses and will, except in extraordinary circumstances, accommodate them by permitting them to be called out of sequence. Counsel must anticipate any such possibility and discuss it with opposing counsel. If 28 there is an objection, counsel must confer with the Court in advance. 11 1 2 3 4 5 E. EXHIBITS 1. Each counsel should keep counsel’s own list of exhibits and should note when each has been admitted into evidence. 2. Each counsel is responsible for any exhibits that counsel secures from the Courtroom Deputy Clerk and must return them before leaving the courtroom at the end of the 6 session. 7 8 9 10 11 3. An exhibit not previously marked should, at the time of its first mention, be accompanied by a request that the Courtroom Deputy Clerk mark it for identification. To save time, counsel must show a new exhibit to opposing counsel before it is mentioned in court. 4. Counsel are to advise the Courtroom Deputy Clerk of any agreement they have with respect to the proposed exhibits and as to those exhibits that may be received so that no 12 further motion to admit need be made. 13 5. When referring to an exhibit, counsel should refer to its exhibit number 14 whenever possible. Witnesses should be asked to do the same. 15 16 6. Counsel must not ask witnesses to draw charts or diagrams or ask the Court’s permission for a witness to do so. If counsel wishes to question a witness in connection with 17 graphical aids, the material must be fully prepared before the court session starts. 18 19 20 21 F. DEPOSITIONS 1. All depositions to be used at trial, either as evidence or potentially for impeachment, must be provided to the Courtroom Deputy Clerk on the first day of trial or such earlier date as the Court may order. Counsel should verify with the Courtroom Deputy Clerk that 22 the relevant deposition is in the Courtroom Deputy Clerk’s possession. 23 2. In using depositions of an adverse party for impeachment, either one of the 24 following procedures may be used: 25 26 27 28 a. If counsel wishes to read the questions and answers as alleged impeachment and ask the witness no further questions on that subject, counsel must first state the page and line where the reading begins and the page and line where the reading ends, and allow time for any objection. Counsel may then read the portions of the deposition into the record. 12 1 2 3 4 5 6 7 8 b. If counsel wishes to ask the witness further questions on the subject matter, the deposition is placed in front of the witness and the witness is told to read silently the pages and lines involved. Counsel may either ask the witness further questions on the matter and then read the quotations, or read the quotations and then ask further questions. Counsel should have an extra copy of the deposition for this purpose. 3. Where a witness is absent and the witness’s testimony is offered by deposition, counsel may (a) have a reader occupy the witness chair and read the testimony of the witness while the examining lawyer asks the questions, or (b) have counsel read both the questions 9 and answers. 10 11 12 13 14 G. USING NUMEROUS ANSWERS TO INTERROGATORIES AND REQUESTS FOR ADMISSIONS Whenever counsel expects to offer a group of answers to interrogatories or requests for admissions extracted from one or more lengthy documents, counsel should prepare a new document listing each question and answer, and identifying the document from which it has been extracted. 15 Copies of this new document should be given to the Court and opposing counsel. 16 17 18 19 20 21 H. ADVANCE NOTICE OF DIFFICULT OR UNUSUAL ISSUES If any counsel has reason to anticipate that a difficult question of law or evidence will necessitate legal argument requiring research or briefing, counsel must give the Court advance notice. Counsel are directed to notify the Courtroom Deputy Clerk at the day’s adjournment if an unexpected legal issue arises. Counsel must also advise the Courtroom Deputy Clerk at the end of each trial day of any issues that must be addressed outside the presence of the jury, so that there is 22 no interruption of the trial. The Court will not keep jurors waiting. 23 IT IS SO ORDERED. 24 DATED: 25 26 27 28 HON. A. JOEL RICHLIN UNITED STATES MAGISTRATE JUDGE 13

=== Stipulated Protective Order (PDF) ===

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 ______________ DIVISION Plaintiff, v. Defendant. Case No. [PROPOSED] STIPULATED PROTECTIVE ORDER 1. GENERAL 1.1 Purposes and Limitations. Discovery in this action is likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle 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 them to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal. 1.2 Good Cause Statement. [*The “Good Cause Statement” should be edited to include or exclude specific information that applies to the particular case, i.e., what harm will result from the disclosure of the confidential information likely to be produced in this case? Below is an example]: This action is likely to involve trade secrets, customer and pricing lists and other valuable research, development, commercial, financial, technical and/or proprietary information for which special protection from public disclosure and from use for any purpose other than prosecution of this action is warranted. Such confidential and proprietary materials and information consist of, among other things, confidential business or financial information, information regarding confidential business practices, or other confidential research, development, or commercial information (including information implicating privacy rights of third parties), information otherwise generally unavailable to the public, or which may be privileged or otherwise protected from disclosure under state or federal statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information the parties are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses of such material in preparation for and in the conduct of trial, to address their handling at the end of the litigation, and serve the ends of justice, a protective order for such information is justified in this matter. It is the intent of the parties that information will not be designated as confidential for tactical reasons and that nothing be so designated without a good faith belief that it has been maintained in a confidential, non-public manner, and there is good cause why it should not be part of the public record of this case. 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 2. DEFINITIONS 2.1 Action: [this pending federal lawsuit]. [*Option: consolidated or related actions.] 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement. 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff). 2.5 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.6 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter. 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this Action. 2.8 House Counsel: attorneys who are employees of a party to this Action. House Counsel does not include Outside Counsel of Record or any other outside counsel. 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this Action but are retained to represent or advise a party to this Action and have 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 appeared in this Action on behalf of that party or are affiliated with a law firm that has appeared on behalf of that party, including support staff. 2.11 Party: any party to this Action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 2.13 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors. 2.14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 3. SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material. Any use of Protected Material at trial shall be governed by the orders of the trial judge. This Order does not govern the use of Protected Material at trial. 4. DURATION Once a case proceeds to trial, all of the court-filed information to be introduced that was previously designated as confidential or maintained pursuant to this 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 protective order becomes public and will be presumptively available to all members of the public, including the press, unless compelling reasons supported by specific factual findings to proceed otherwise are made to the trial judge in advance of the trial. See Kamakana v. City and Cty. of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing documents produced in discovery from “compelling reasons” standard when merits-related documents are part of court record). Accordingly, the terms of this protective order do not extend beyond the commencement of the trial. 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. The Designating Party must designate for protection only those parts of material, documents, items, or oral or written communications that qualify so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber the case development process or to impose unnecessary expenses and burdens on other parties) may expose the Designating Party to sanctions. If it comes to a Designating Party’s attention that information or items that it designated for protection do not qualify for protection, that Designating Party must promptly notify all other Parties that it is withdrawing the inapplicable designation. 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 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 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced. Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix, at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that contains protected material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). A Party or Non-Party that makes original documents available for inspection need not designate them for protection until after the inspecting Party has indicated which documents it would like copied and produced. During the inspection and before the designation, all of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documents, or portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page that contains Protected Material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). (b) for testimony given in depositions that the Designating Party identify the Disclosure or Discovery Material on the record, before the close of the deposition. (c) for information produced in some form other than documentary and for any other tangible items, that the Producing Party affix in a prominent place on the exterior of the container or containers in which the information is stored the legend 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 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, the Producing Party, to the extent practicable, shall identify the protected portion(s). 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate qualified information or items does not, standing alone, waive the Designating Party’s right to secure protection under this Order for such material. Upon timely correction of a designation, the Receiving Party must make reasonable efforts to assure that the material is treated in accordance with the provisions of this Order. 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality at any time that is consistent with the Court’s Scheduling Order. 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37-1, et seq. Any discovery motion must strictly comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3. 6.3 Burden. The burden of persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the confidentiality designation, all parties shall continue to afford the material in question the level of protection to which it is entitled under the Producing Party’s designation until the Court rules on the challenge. // // // // 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 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Non-Party in connection with this Action only for prosecuting, defending, or attempting to settle this Action. Such Protected Material may be disclosed only to the categories of persons and under the conditions described in this Order. When the Action has been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated “CONFIDENTIAL” only to: (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this Action; (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (d) the Court and its personnel; (e) court reporters and their staff; (f) professional jury or trial consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 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 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (h) during their depositions, witnesses, and attorneys for witnesses, in the Action to whom disclosure is reasonably necessary provided: (1) the deposing party requests that the witness sign the form attached as Exhibit A hereto; and (2) they will not be permitted to keep any confidential information unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the Court. Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material may be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order; and (i) any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION If a Party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that Party must: (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 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 If the Designating Party timely seeks a protective order, the Party served with the subpoena or court order shall not produce any information designated in this action as “CONFIDENTIAL” before a determination by the court from which the subpoena or order issued, unless the Party has obtained the Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking protection in that court of its confidential material and nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this Action to disobey a lawful directive from another court. 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) The terms of this Order are applicable to information produced by a Non- Party in this Action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. (b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s confidential information in its possession, and the Party is subject to an agreement with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subject to a confidentiality agreement with a Non-Party; (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in this Action, the relevant discovery request(s), and a reasonably specific description of the information requested; and (3) make the information requested available for inspection by the Non- Party, if requested. 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 (c) If the Non-Party fails to seek a protective order from this Court within 14 days of receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks a protective order, the Receiving Party shall not produce any information in its possession or control that is subject to the confidentiality agreement with the Non-Party before a determination by the Court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in this Court of its Protected Material. 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to any person or in any circumstance not authorized under this Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain inadvertently produced material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure may be established in an e-discovery order that provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or 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 information covered by the attorney-client privilege or work product protection, the parties may incorporate their agreement in the stipulated protective order submitted to the Court. 12. MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order, no Party waives any right it otherwise would have to object to disclosing or producing any information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of the material covered by this Protective Order. 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue; good cause must be shown in the request to file under seal. If a Party’s request to file Protected Material under seal is denied by the Court, then the Receiving Party may file the information in the public record unless otherwise instructed by the Court. 13. FINAL DISPOSITION After the final disposition of this Action, within 60 days of a written request by the Designating Party, each Receiving Party must return all Protected Material to the Producing Party or destroy such material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not the same person or entity, to the 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 Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material that was returned or destroyed, and (2) affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected Material. Notwithstanding this provision, counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if such materials contain Protected Material. Any such archival copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in Section 4 (DURATION). 14. VIOLATION OF ORDER Any violation of this Order may be punished by any and all appropriate measures including, without limitation, contempt proceedings and/or monetary sanctions. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. DATED:_______________________ ______________________________ Attorneys for Plaintiff(s) DATED:_______________________ ______________________________ Attorneys for Defendant(s) 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 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. DATED:_______________ __________________________________ HON. A. JOEL RICHLIN United States Magistrate Judge 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 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND EXHIBIT A I, _____________________________ [full name], of _________________ [full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued by the United States District Court for the Central District of California on ____________ [date] in the case of ___________ [insert case name and number]. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court for the Central District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint __________________________ [full name] of _______________________________________ [full address and telephone number] as my California agent for service of process in connection with this action or any proceedings related to enforcement of this Stipulated Protective Order. Date: ______________________________________ City and State where signed: _________________________________ Printed name: _______________________________ Signature: __________________________________ 15