Civil Court Trial Order; Criminal Order re Discovery ; CRIMINAL Under Seal Procedures and Schedules; ORDER FOR JURY TRIAL (JUNE 2022); STANDING ORDER ( MAY 2023)

=== Civil Court Trial Order ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Plaintiff(s), v. Defendant(s). ORDER FOR COURT TRIAL 17 18 UNLESS OTHERWISE ORDERED BY THE COURT, THE FOLLOWING RULES 19 SHALL APPLY: 20 SCHEDULING All motions to join other parties or to amend the pleadings shall be filed and served 1. In General 21 22 23 24 within fifteen (15) days of the date of this order. 25 26 27 practical, however, in no event later than the motion cut-off date. 2. Motions for Summary Judgment or Partial Summary Judgment Motions for summary judgment or partial summary judgment shall be filed as soon as 28 3. a. Depositions Discovery Cut-Off b. Written Discovery cut-off date to permit their completion and to permit the deposing party enough time to bring any All depositions shall be scheduled to commence sufficiently in advance of the discovery In an effort to provide further guidance to the parties, the Court notes the following: All interrogatories, requests for production of documents, and requests for admission The Court has established a cut-off date for discovery in this action. All discovery shall shall be served sufficiently in advance of the discovery cut-off date to permit the discovering 1 2 3 be complete by the discovery cut-off date specified in the Scheduling Order. This is not the 4 date by which discovery requests must be served; it is the date by which all discovery is to 5 be completed. 6 7 8 9 10 discovery motion concerning the deposition prior to the cut-off date. 11 12 13 14 party enough time to challenge (via motion practice) responses deemed to be deficient. 15 16 17 18 will strictly adhere to the Civility and Professional Guidelines adopted by the United States 19 District Court for the Central District of California in July, 1995. 20 21 22 23 be obtained before that date, if the motion is granted. 24 25 26 disputes. 4. 27 28 calendared sufficiently in advance of the discovery cut-off date to permit the responses to challenging the adequacy of responses to discovery must be filed timely, and served and the appointment of a Special Master at the joint expense of the parties to resolve discovery Pursuant to Local Rule 16-15, the parties in every case must select an ADR Procedure. Whenever possible, the Court expects the parties to resolve discovery problems among themselves in a courteous, reasonable and professional manner. The Court expects that counsel Consistent resort to the Court for guidance in discovery is unnecessary and will result in Discovery matters are referred to a United States Magistrate Judge. Any motion c. Discovery Motions Mandatory ADR 28 2 1 The final meeting with the parties’ settlement officer must take place no later than 45 2 days before the Final Pretrial Conference. Local Rule 16-15-2. 4 5 FINAL PRE-TRIAL CONFERENCE attorney who is to have charge of the conduct of the trial on behalf of such party. This case has been placed on calendar for a Final Pre-Trial Conference pursuant to STRICT COMPLIANCE WITH THE REQUIREMENT OF FED.R.CIV.P. 26 AND submitted to the Court. The Joint Witness List shall contain a brief statement of the testimony for each witness, what makes the testimony unique from any other witness testimony, and the 6 7 8 Fed.R.Civ.P. 16 and 26. Unless excused for good cause, each party appearing in this action shall 9 be represented at the Final Pre-Trial Conference, and all pre-trial meetings of counsel, by the 10 11 12 LOCAL RULES ARE REQUIRED BY THE COURT. Therefore, carefully prepared 13 Memoranda of Contentions of Fact and Law, a Joint Witness List, and Joint Exhibit List shall be 14 15 16 17 18 19 20 21 22 preclude a party from calling an expert witness at trial. If expert witnesses are to be called at trial, the parties shall exchange at the Final Pre-Trial Conference short narrative statements of 23 24 25 26 Conference but shall not substitute for the narrative statements required. experts to be called at trial have been prepared, they shall be exchanged at the Final Pre-Trial the qualifications of the expert and the testimony expected to be elicited at trial. If reports of respective expert witnesses. Failure of a party to list and identify an expert witness may The Memoranda of Contentions of Fact and Law, Witness List and Exhibit List are due time estimate for such testimony. The Joint Exhibit List shall contain any objections to authenticity and/or admissibility to the exhibit(s) and the reasons for the objections. If expert witnesses are to be called at trial, each party shall list and identify their twenty-one (21) days before the Final Pre-Trial Conference. 27 28 3 1 2 TRIAL PREPARATION FOR COURT TRIAL - MOTIONS, FINDINGS OF FACT AND EXHIBITS 1. 2. trial date. Motions in Limine Findings of Fact and Conclusion of Law All motions in limine must be filed and served a minimum of forty-five (45) days prior to findings of fact and conclusions of law. Three copies are to be served on opposing counsel, and the original and one copy are to be lodged with the Court. All motions in limine will be ruled upon on or before the scheduled trial date. Twenty-one (21) days before the trial date, all counsel are to have prepared proposed the scheduled trial date. Each motion should be separately filed and numbered. All opposition 3 4 5 6 7 documents must be filed and served at least twenty-five (25) days prior to the scheduled trial 8 date. All reply documents must be filed and served at least ten (10) days prior to the scheduled 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 opposing counsel's proposed findings of fact and conclusions of law with the Court, and return 26 one marked copy to the opposing counsel. Upon receiving these proposed findings of fact and conclusions of law from opposing agree with part of it, disagree with part of it, and/or consider a portion of it irrelevant. Seven (7) days before the trial date, each counsel shall file two marked copies of Underline in yellow pencil those portions which it does not dispute, but deems Underline with blue pencil those portions which it admits; and Underline with red pencil those portions which it disputes; to an entire proposed finding, or, indeed an entire sentence within a proposed finding. They may In this connection, counsel are to note that they need not come to a uniform conclusion as counsel, each party shall: irrelevant. (1) (2) (3) 27 28 4 The Court requires that the following be submitted to the Courtroom Deputy Clerk on the Exhibit list shall indicate which exhibits are objected to, the reason for the objection, and The parties shall be prepared to submit to the Court, and to exchange among themselves, an index of each exhibit included in the volume. Exhibits must be numbered in accordance with three-ring binder labeled on the spine portion of the binder as to the volume number and contain supplemental findings of fact and conclusions of law during the course of the trial, with respect 3. Trial Exhibits to which the same underlining procedure may be ordered. the reason it is admissible. Failure to object will result in a waiver of objection. Counsel are to prepare their exhibits for presentation at the trial by placing them in 1 2 3 4 5 6 binders which are indexed by exhibit number with tabs or dividers on the right side. Counsel shall submit to the Court an original and one copy of the binders. The exhibits shall be in a 7 8 9 10 Fed.R.Civ.P. 16, 26 and the Local Rules. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 One bench book with a copy of each exhibit for use by the Court, tabbed with Office, Room G-8, 312 North Spring Street, Los Angeles, CA 90012. numbers as described above. (Court's exhibit tags not necessary.) be so received will be noted on the copies of the exhibit lists. Three (3) copies of exhibit lists. first day of trial: testify. • • • • • far as is possible as to foundation, waiver of the best evidence rule, and to those the exhibit on the upper right-hand corner with the case number, case name, and The original exhibits with the Court's exhibit tags shall be stapled to the front of All counsel are to meet not later than ten (10) days before trial and to stipulate so exhibits which may be received into evidence at the start of trial. The exhibits to exhibit number placed on each tag. Exhibit tags can be obtained from the Clerk’s Three (3) copies of witness lists in the order in which the witness may be called to 28 5 1 2 3 4 • Any items that have not been admitted into evidence and are left in the courtroom overnight without prior approval, will be discarded. TRIAL ON THE BRIEFS 1. 5 6 7 8 briefing schedule set by the Court. Briefing Schedule The parties shall timely file Opening Briefs, Oppositions and Replies based on the 2. Joint Separate Statement On the date Oppositions are due, the parties shall file a Joint Separate Statement of 9 10 11 12 Undisputed and Disputed Facts. The statement shall contain the following: (1) a list of 13 undisputed facts, including citations to the portion(s) of the administrative record that support those facts, and (2) a list of disputed fact, which also include citations to the administrative 14 15 record that support each parties’ disputed assertions of fact. 16 17 18 19 20 21 22 23 24 25 26 27 28 Rev. March 2016 R. Gary Klausner, Judge UNITED STATES DISTRICT COURT 6

=== CRIMINAL Under Seal Procedures and Schedules ===

FOR CRIMINAL FILINGS (CIVIL FILINGS FOLLOW LOCAL RULES) PROCEDURES FOR FILING CRIMINAL UNDER SEAL DOCUMENTS FOR REQUESTS TO SEAL DOCUMENTS ONLY, NOT THE APPLICATION AND ORDER: 1. 2. Electronically file the application to seal and the declaration giving notice or proof of service. Attach a proposed order to the electronically filed application (standard procedure for filing application with a proposed order). 3. Indicate which of the three following actions will be taken if the application is denied: (1) (2) (3) Counsel will publically file the document(s) for consideration by the Court; Attorney will retrieve the chambers copy of the document(s); or Clerk will destroy the chambers copy of the document(s). 4. After electronically filing the application and proof of service, send an e-mail to [email protected] with an attachment containing (1) an Adobe PDF version of the application to seal and declaration giving notice or a proof of service; (2) a Word or WP version of the proposed order (including the proposed action to be taken if the application is denied (see 3., above ; and (3) an Adobe PDF of the document(s) to be filed under seal with a caption page clearly marked "UNDER SEAL." The subject line of the e- mail should have the case number, plus the words "UNDER SEAL REQUEST". FOR REQUESTS TO SEAL THE APPLICATION, ORDER AND DOCUMENT(S): 1. 2. Electronically file a NOTICE OF MANUAL FILING indicating that the following have been submitted to the Court: (1) an application to seal; (2) a declaration giving notice or a proof of service; (3) a proposed order; and (4) the documents to be placed under seal. Send an email to the chambers email at [email protected] with an attachment containing (1) an Adobe PDF version of the application to seal and declaration giving notice or a proof of service; (2) a Word or WP version of the proposed order (including the proposed action to be taken if the application is denied); and (3) an Adobe PDF of the document(s) to be filed under seal with a caption page, clearly marked "UNDER SEAL." The subject line of the e-mail should have the case number, plus the words "UNDER SEAL REQUEST". Without a caption page, document title will be captured and will appear on the docket. 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. OTHER IMPORTANT INFORMATION REGARDING APPLICATIONS TO FILE UNDER SEAL: 1. 2. 3. All applications must provide reason(s) as to why the parties’ interest to file the document(s) under seal outweighs the public’s right to access. All applications must indicate which portions of the documents to be filed under seal are confidential. If a party submits an application to file under seal pursuant to a protective order only (i.e., no other reason is given), the application will be denied unless the Court receives within 48 hours from the notice of filing a document providing (1) the reasons the document should be filed under seal; and (2) the portions within the document that are confidential. This document shall be entitled: “ADDENDUM TO APPLICATION TO FILE UNDER SEAL PURSUANT TO PROTECTIVE ORDER”.

=== ORDER FOR JURY TRIAL (JUNE 2022) ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Plaintiff(s), v. Defendant(s). CASE NO: ORDER FOR JURY TRIAL Pretrial Conference:(cid:3) Jury Trial Date: UNLESS OTHERWISE ORDERED BY THE COURT, THE FOLLOWING RULES SHALL APPLY: 1. In General SCHEDULING All motions to join other parties or to amend the pleadings shall be filed by the deadline that the Court established at the Scheduling Conference. Motions for summary judgment or partial summary judgment shall be filed as soon as practical, however, in no event later than the motion cut-off date. 2. Discovery Cut-Off The Court has established a cut-off date for discovery in this action. All discovery shall be complete by the discovery cut-off date specified in the −1− 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Scheduling Order. This is not the date by which discovery requests must be served; it is thedate by which all discovery is to be completed. In an effort to provide further guidance to the parties, the Court notes the following: a. Depositions All depositions shall be scheduled to commence sufficiently in advance of the discovery cut-off date to permit their completion and to permit the deposing party enough time to bring any discovery motion concerning the deposition prior to the cut-off date. b. Written Discovery All interrogatories, requests for production of documents, and requests for admission shall be served sufficiently in advance of the discovery cut-off date to permit the discovering party enough time to challenge (via motion practice) responses deemed to be deficient. c. Discovery Motions Whenever possible, the Court expects the parties to resolve discovery problems among themselves in a courteous, reasonable and professional manner. The Court expects that counsel will strictly adhere to the Civility and Professional Guidelines adopted by the United States District Court for the Central District of California in July, 1995. Discovery matters are referred to a United States Magistrate Judge. Any motion challenging the adequacy of responses to discovery must be filed timely, and 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. Consistent resort to the Court for guidance in discovery is unnecessary and will result in the appointment of a Special Master at the joint expense of the parties to resolve discovery disputes. −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 ADR Pursuant to Local Rule 16-15, the parties in every case must select an ADR settlement procedure. The final meeting with the parties’ settlement officer must take place no later than 45 days before the Final Pretrial Conference. Local Rule 16-15.2. FINAL PRE-TRIAL CONFERENCE This case has been placed on calendar for a Final Pre-Trial Conference pursuant to Fed.R.Civ.P. 16 and 26. Unless excused for good cause, each party appearing in this action shall be represented at the Final Pre-Trial Conference, and all pre-trial meetings of counsel, by the attorney who is to have charge of the conduct of the trial on behalf of such party. STRICT COMPLIANCE WITH THE REQUIREMENT OF FED.R.CIV.P. 26 AND LOCAL RULES ARE REQUIRED BY THE COURT. Therefore, carefully prepared Memoranda of Contentions of Fact and Law, a Joint Witness List, and Joint Exhibit List shall be submitted to the Court. The Joint Witness List shall contain a brief statement of the testimony for each witness, what makes the testimony unique from any other witness testimony, and the time estimate for such testimony. The Joint Exhibit List shall contain any objections to authenticity and/or admissibility to the exhibit(s) and the reasons for the objections. The Memoranda of Contentions of Fact and Law, Witness List and Exhibit List are due twenty-one (21) days before the Final Pre-Trial Conference. As for the disclosure of expert witnesses and exchange of written reports, the parties must follow Rule 26. In addition, if the parties intend to call expert witnesses at trial, they shall file within five (5) days before the Final Pre-Trial Conference short narrative statements of the qualifications of each expert and the testimony expected to be elicited at trial. /// −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 PREPARATION FOR JURY TRIAL MOTIONS, INSTRUCTIONS AND EXHIBITS THE COURT ORDERS that all counsel comply with the following in their preparation for trial: 1. MOTIONS IN LIMINE: All motions in limine must be filed and served a minimum of forty-five (45) days prior to the scheduled trial date. Each motion should be separately filed and numbered. All opposition documents must be filed and served at least twenty-five (25) days prior to the scheduled trial date. All reply documents must be filed and served at least ten (10) days prior to the scheduled trial date. All motions in limine will be ruled upon on or before the scheduled trial date and should not be noticed for motion on any date other than the assigned trial date. 2. JURY INSTRUCTIONS/SPECIAL VERDICT FORMS Thirty-five (35) days before trial, plaintiff shall serve plaintiff's proposed jury instructions and special verdict forms on defendant. Twenty-eight (28) days before trial, defendant shall serve on plaintiff defendant's objections to plaintiff’s instructions together with any additional instructions defendant intends to offer. Twenty-one (21) days before trial, plaintiff shall serve on defendant plaintiff’s objections to defendant’s instructions. Twenty-one (21) days before trial, counsel are ordered to meet and confer to attempt to come to agreement on the proposed jury instructions. The parties shall make every attempt to agree upon the jury instructions before submitting them to the Court. It is expected that counsel will agree on the substantial majority of jury instructions, particularly where patent instructions are involved. Sixteen (16) days before trial, counsel shall file with the Court a JOINT set of jury instructions on which there is agreement. Defendant’s counsel has the burden of preparing the joint set of jury instructions. At the same time each party shall file its proposed jury instructions which are objected to by any other −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 party, accompanied by points and authorities in support of those instructions. When the parties disagree on an instruction, the party opposing the instruction must attach a short statement (one to two paragraphs) supporting the objection, and the party submitting the instruction must attach a short reply supporting the instruction. Each statement should be on a separate page and should follow directly after the disputed instruction. The parties ultimately must submit one document, or if the parties disagree over any proposed jury instructions, three documents. The three documents shall consist of: (1) a set of Joint Proposed Jury Instructions; (2) Plaintiff’s Disputed Jury Instructions; and (3) Defendant's Disputed Jury Instructions. Any disputed Jury Instructions shall include the reasons supporting and opposing each disputed instruction in the format set forth in the previous paragraph. The Court directs counsel to use the instructions from the Manual of Model Jury Instructions for the Ninth Circuit where applicable. Where California law is to be applied and the above instructions are not applicable, the Court prefers counsel to use the California Jury Instructions in either BAJI or CACI. If none of these sources is applicable, counsel are directed to use the instructions in Devitt, Blackmar and Wolff, Federal Jury Practice and Instructions. Modifications of instructions from the foregoing sources (or any other form instructions) must specifically state the modification made to the original form instruction and the authority supporting the modification. Each requested instruction shall be set forth in full; be on a separate page; be numbered; cover only one subject or principle of law; not repeat principles of law contained in any other requested instructions; and cite the authority for a source of the requested instruction. In addition to the foregoing, each party shall file with the Courtroom Deputy on the first day of trial a “clean set” of the aforesaid requested duplicate jury instructions in the following form: Each requested instruction shall be set forth in full; be on a separate page with the −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 caption “COURT’S INSTRUCTION NUMBER ”; cover only one subject or principle of law; and not repeat principles of law contained in any other requested instruction. The “clean set” shall not cite the authority for a source of the requested instruction. An index page shall accompany all jury instructions submitted to the Court. The index page shall indicate the following: • the number of the instruction; • a brief title of the instruction; • the source of the instruction and any relevant case citation; and • the page number of the instruction. EXAMPLE: NO. 5 TITLE Evidence for Limited Purpose SOURCE 9th Cir. 1.5 PAGE NO. 9 During the trial and before argument, the Court will meet with counsel and settle the instructions. Strict adherence to time requirements is necessary for the Court to examine the submissions in advance so that there will be no delay in starting the jury trial. Failure of counsel to strictly follow the provisions of this section may subject the non-complying party and/or its attorney to sanctions. 3. TRIAL EXHIBITS: Counsel are to prepare their exhibits for presentation at the trial by placing them in binders which are indexed by exhibit number with tabs or dividers on the right side. Counsel shall submit to the Court an original and one copy of the binders. The exhibits shall be in a three−ring binder labeled on the spine portion of the binder as to the volume number and contain an index of each exhibit included in the volume. Exhibits must be numbered in accordance with Fed.R.Civ. P. 16, 26 and the Local Rules. The Exhibit list shall indicate which exhibits are objected to, the reason for the objection, and the reason it is admissible. Failure to object will result in a −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 waiver of objection. The Court requires that the following be submitted to the Courtroom Deputy Clerk on the first day of trial: • The original exhibits with the Court’s exhibit tags shall be stapled to the front of the exhibit on the upper right-hand corner with the case number, case name, and exhibit number placed on each tag. Exhibit tags can be obtained from the Clerk’s Office, Civil/Criminal Intake Windows, Roybal Courthouse. • One bench book with a copy of each exhibit for use by the Court, tabbed with numbers as described above. (Court’s exhibit tags not necessary.) • Three (3) copies of exhibit lists. • Three (3) copies of witness lists in the order in which the witness may be called to testify. • Counsel are ordered to submit a short joint statement of the case seven (7) days before trial that the Court may read to the prospective panel. • All counsel are to meet not later than ten (10) days before trial and to 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. The exhibits to be so received will be noted on the copies of the exhibit lists. • Counsel may, but need not, submit brief proposed voir dire questions for the jury seven (7) calendar days before the Pretrial Conference. The Court will conduct its own voir dire after considering any proposed voir dire submitted by counsel. /// /// −7− • Any items that have not been admitted into evidence and are left in the courtroom overnight without prior approval, will be discarded. DATED: June 15, 2022 Hon. R. Gary Klausner 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 −8−

=== STANDING ORDER ( MAY 2023) ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA , Plaintiff(s) v. , _________________________________ Defendant(s Case No.: STANDING ORDER REGARDING NEWLY ASSIGNED CASES READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE. This action has been assigned to the calendar of Judge R. Gary Klausner. The responsibility for the progress of litigation in the Federal Courts falls not only upon the attorneys in the action, but upon the Court as well. “To secure the just, speedy, and inexpensive determination of every action,” Federal Rule of Civil Procedure 1, all counsel are hereby ordered to familiarize themselves with the Federal Rules of Civil Procedure, particularly Federal Rules of Civil Procedure 16, 26, the Local Rules of the Central District of California (available on the Court’s website at www.cacd.uscourts.gov), this Court’s Order for Jury Trial, and this Court’s Order for Court Trial. UNLESS OTHERWISE ORDERED BY THE COURT, THE FOLLOWING RULES SHALL APPLY: /// 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 Local Rule. Any Defendant(s) not timely served shall be dismissed from the action without prejudice. Any “DOE” or fictitiously-named Defendant(s) who is not identified and served within 90 days after the case is filed shall be dismissed pursuant to Federal Rule of Civil Procedure 4(m). Proof of service of the summons and complaint shall be filed within 5 days of service of said documents. 2. Removed Actions. Any answers filed in state court must be refiled in this Court as a supplement to the petition. Any pending motions must be re-noticed in accordance with 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 or parties utilizing the form pleading must file an appropriate pleading with this Court within thirty (30) days of receipt of the Notice of Removal. The appropriate pleading referred to must comply with the requirements of Federal Rules of Civil Procedure, Rules 7, 7.1, 8, 9, 10 and 11. 3. Petitions under 18 U.S.C. Section 983(f). Petitioner(s) shall file and serve within 3 days of the date of this order an ex parte application requesting a hearing on the Petition to ensure prompt resolution of the Petition in compliance with section 983(f)’s deadlines. 4. Presence of Lead Counsel. The attorney attending any proceeding before this Court, including all status and settlement conferences, must be the lead trial counsel. However, with respect to Scheduling Conferences, any attorney of record who is authorized to request and accept scheduling dates may appear in lieu of the lead trial counsel. 5. Discovery. All discovery matters have been referred to a United States Magistrate Judge to hear all discovery disputes. (The Magistrate Judge's initials follow the Judge's initials next to the case number.) All documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing. Counsel 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 are directed to contact the Magistrate Judge's Courtroom Deputy Clerk to schedule matters for hearing. Please do not deliver courtesy copies of these papers to this Court. The decision of the Magistrate Judge shall be final, subject to modification by the District court only where it has been shown that the Magistrate Judge's order is clearly erroneous or contrary to law. Any party may file and serve a motion for review and reconsideration before this Court. The moving party must file and serve the motion within ten (10) days of service of a written ruling or within ten (10) days of an oral 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 deliver a conformed copy of the moving papers and responses to the Magistrate Judge's clerk at the time of filing. 6. Motions and Trial Briefs. Motions shall be filed and set for hearing in accordance with Local Rule 6-1, except: (1) the notice of motion shall be filed with the Clerk not later than twenty-eight (28) days, and no earlier than thirty-five (35) days, before the date set for hearing; and (2) this Court hears motions on Mondays commencing at 9:00 a.m. If Monday is a national holiday, this Court will hear motions on the succeeding Tuesday. If the date the motion was noticed for hearing is not available, the Court will issue a minute order resetting the date. Any opposition or reply papers due on a holiday are due the preceding Friday, not the following Tuesday. Memoranda of Points and Authorities, pretrial briefs, trial briefs, and postrial briefs (including oppositions thereto) shall not exceed 20 pages, nor exceed 5,600 words, including headings, footnotes, and quotations. Replies shall not exceed 10 pages. These page and word count limitations exclude the caption, table of contents, table of authorities, signature block, and certification required by Local Rule 11-6.2. Only in rare instances and for good cause shown will the Court agree to extend these limitations. Pursuant to Local Rule 11-3.1.1, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 either a proportionally spaced or monospaced font may be used. A proportionally spaced font must be 14-point or larger, or as the Court may otherwise order. A monospaced font may not contain more than 10½ characters per inch. Motions, Oppositions, and Replies shall be electronically filed only. With the exception of physical exhibits, all documents supporting the motion, opposition, or reply (e.g., declarations, exhibits, statements of undisputed or disputed facts, judicial notices) shall also be electronically filed only, and filed as attachments to the corresponding brief. Furthermore, each supporting document shall be filed as an individual attachment, such that each document can be accessed by its own individual link. Each attachment shall be designated by the title of the document. Example (Docket Entry for Defendant’s Notice of Motion and Motion for Summary Judgment): Document Selection Menu Select the document you wish to view. Document Number: 100 23 pages 150 kb Attachment Description 1 2 3 4 5 6 Separate Statement of Undisputed Facts 10 pages 50 kb Declaration of Bob Smith 4 pages 30 kb Exhibit A - Purchase Agreement 5 pages 1.2 mb Exhibit B - Jones Deposition 10 pages 0.9 mb Exhibit C - Thomas Declaration Proposed Order 3 pages 2 pages 23 kb 20 kb Within the parties’ briefs, any reference to information or evidence contained in the supporting documents shall contain the documents’ location in the citation. Example: Plaintiff and Defendant executed the Purchase Agreement on 4 January 2, 2010. (Purchase Agreement, Smith Decl., Ex. A at p.5, Docket Entry 100-3.) Motions for Summary Judgment: Without prior permission from the Court, no party may file more than one motion pursuant to Fed.R.Civ. P. 56 regardless of whether such motion is denominated as a motion for summary judgment or summary adjudication. Motions for Judgment on the Pleadings: Without prior permission from the Court, no party may file more than one motion pursuant to Fed.R.Civ. P. 12(c). Motions to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6): Where a defendant has filed a Rule 12(b)(6) motion, and in lieu of filing an opposition, if the plaintiff intends to file an amended complaint, the plaintiff shall file either the Amended Complaint or a Notice of Intent to File Amended Complaint prior to the date on which the opposition is due. Failure to do so may result in sanctions. 7. Motion for Class Certification. For any action purporting to commence a class action other than an action subject to the Private Securities Litigation Reform Act of 1995, the plaintiffs must file a Motion for Class Certification no later than 90 days from the date the complaint was served, unless showing of good cause has been made. 8. Proposed Orders. Each party filing or opposing a motion or seeking the determination of any matter (e.g., ex parte applications, stipulations, and general requests) shall electronically file 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. 9. Preparation of Documents/PDF. Counsel shall adhere to Local Rule 5- 4.3.1 with respect to the conversion of all documents to a PDF so that when a document is electronically filed, it is in the proper size and format that is PDF searchable. 10. Telephonic and/or Video Hearings. The Court does not permit 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 appearances or arguments by way of telephone conference calls or remote video appearance. 11. Ex Parte Applications. The Court considers ex parte applications on the papers and does not usually set these matters for 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. Sanctions may be imposed for misuse of ex parte applications. See Mission Power Engineering Co. v. Continental Casualty Co., 883 F.Supp. 488 (C.D. Cal. 1995). Counsel’s attention is directed to the Local Rules. The moving party shall serve the opposing party and shall notify the opposition that opposing papers must be filed not later than 3:00 p.m. on the first business day following service. If counsel does not intend to oppose an ex parte application, he or she must inform the Courtroom Deputy Clerk at [email protected] 12. Continuances. This Court has a strong interest in keeping scheduled dates certain. Changes in dates are disfavored. Trial dates set by the Court are firm and will rarely be changed. Therefore, a stipulation to continue the date of any matter before this Court must be supported by a sufficient basis that demonstrates good cause why the change in the date is essential. Without such compelling factual support, stipulations continuing dates set by this Court will not be approved. Counsel requesting a continuance must file a stipulation and lodge a proposed order including a detailed declaration of the grounds for the requested continuance or extension of time. See Local Rules. Failure to comply with the Local Rules and this Order will result in rejection of the request without further notice to the parties. Proposed stipulations extending scheduling dates do not become effective unless and until this Court so orders. Counsel wishing to know whether a stipulation has been signed shall comply with the applicable Local Rule. 13. Communications with Chambers. Counsel shall not attempt to contact the Court or its staff by telephone or by any other ex parte means. Counsel may 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 contact the Courtroom Deputy Clerk with appropriate inquiries only. Counsel shall not contact the Courtroom Deputy regarding status of rulings on motions, ex parte applications or stipulations. Counsel shall not contact the Court to ask if a matter is going forward. Notice will be given if the matter is taken off calendar. 14. Order Setting Scheduling Conference. Pursuant to Federal Rule of Civil Procedure 16(b), the Court will issue an Order setting a Scheduling Conference as required by Federal Rule of Civil Procedure 26 and the Local Rules of this Court. Strict compliance with Federal Rules of Civil Procedure 16 and 26 is required. 15. Notice of this Order. Counsel for plaintiff or plaintiff (if appearing on his or her own behalf) shall immediately serve this Order on all parties, including any new parties to the action. If this case came to the Court by a Petition for Removal, the removing defendant(s) shall serve this Order on all other parties. 16. Courtesy Copies. Chambers copies are not required at this time with exception of any copies specifically requested by the Court, any physical items including CD’s or flash drives, and any sealed documents and criminal documents as set forth below. Any paper copy or physical item to be delivered to the Court shall be delivered to and placed in the Judge’s courtesy box, located outside of the Clerk’s office, on the 12th floor of the Roybal Federal Building, 255 East Temple Street, Los Angeles. Chambers copies of under seal documents shall all be placed together in a manila envelope labeled “UNDER SEAL.” Criminal matters: Sentencing memoranda greater than 20 pages in length. All exhibits, declarations, etc. to chambers copies must be tabbed, where applicable. Blue-backs and hole punches are not required. Chambers copies of under seal documents shall all be placed together in a manila envelope labeled “UNDER SEAL.” 17. Applications to File Documents Under Seal: For detailed instructions and information on the procedures for filing documents under seal, please refer to 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 Local Rule 79-5 Confidential Court Records – Under Seal. With regard to Under- seal Documents in Non-sealed Civil Cases (L.R. 79-5.2.2), the filing party shall not provide a chambers or courtesy copy of the Application or any associated documents. Please bear in mind that all applications must (1) indicate which portions of the documents to be filed under seal are confidential; and (2) provide reasons(s) as to why the parties’ interest to file the document(s) under seal outweighs the public’s right to access. If a party submits an application to file under seal pursuant to a protective order only (i.e., no other reason is given), the Court will automatically deny the application if the party designating the material as confidential does not file a declaration pursuant to L.R. 79-5.2.2(b)(i). This declaration shall be entitled: “DESIGNATING PARTY’S DECLARATION IN SUPPORT OF APPLICATION TO FILE UNDER SEAL PURSUANT TO PROTECTIVE ORDER”. DATED: __________________________ R. GARY KLAUSNER 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 8