Civil Order re Pretrial and Trial Procedures Order UPDATED 05-04-2022; Civil Standing Order UPDATED 09-23-2024; Guide to Electronically Filing Under Seal Documents in Civil Cases; Order Setting Scheduling Conference with Worksheet UPDATED 09-24-2024; Procedures for Filing Under Seal Documents in Cri

=== Civil Order re Pretrial and Trial Procedures Order UPDATED 05-04-2022 ===

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 NAME, v. Case No.: ORDER ON PRETRIAL AND TRIAL PROCEDURES (CIVIL CASES) Plaintiff/s, Fact Discovery Cut-Off: [DATE] Motion Cut-Off: [DATE] DEFENDANT’S NAME, Final Pretrial Conference: Defendant/s. [DATE] at 8:30 a.m. Trial: [DATE] PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Fred W. Slaughter. This matter is set for a trial on the above date in Courtroom 10D of the Ronald Reagan Federal Building and 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 United States Courthouse, 411 West 4th Street, Santa Ana, California 92701. “Counsel,” as used in this Order, includes parties appearing pro se.1 This Order sets forth the court’s mandatory procedures governing pretrial and trial proceedings. I. PRETRIAL PROCEDURES Lead counsel for each party must meet and confer in-person forty (40) days prior to the Final Pretrial Conference. Civ. L.R. 16-2. The parties should review Local Rule 16-2 carefully while preparing to attend the meet and confer. A. Schedule of Pretrial Filings Two (2) copies of all pretrial documents shall be delivered to the court, stapled once in the top left corner, and without blue backing. Counsel shall email all documents listed in the court’s Schedule of Pretrial and Trial Dates Worksheet, including any amended documents and proposed orders, in Word-processing format to [email protected]. The only documents not required to be submitted by email are motions in limine and oppositions thereto (but counsel shall still send proposed orders by email), the Joint Status Report Regarding Settlement, and declarations containing direct testimony. • The following documents and motions must be filed at least twenty-one (21) days before the Final Pretrial Conference (referred to as “Trial Filings (First Round)” in the court’s Schedule of Pretrial and Trial Dates Worksheet): o Motions in Limine with Proposed Orders o Memoranda of Contentions of Fact and Law o Witness Lists o Joint Exhibit List o Joint Status Report Regarding Settlement 1 This court does not exempt parties appearing pro se from compliance with the Federal Rules of Civil Procedure or the Local Rules. See Local Rules 1-3 and 83- 2.2.3. 2 o Proposed Findings of Fact and Conclusions of Law (bench trials only) o Declarations of Direct Testimony (bench trials only) • The following documents and motions must be filed at least fourteen (14) days before the Final Pretrial Conference (referred to as “Trial Filings (Second Round)” in the court’s Schedule of Pretrial and Trial Dates Worksheet): o Oppositions to Motions in Limine o Joint Proposed Final Pretrial Conference Order o Joint/Agreed Proposed Jury Instructions (jury trials only) o Disputed Proposed Jury Instructions (jury trials only) o Joint Proposed Verdict Forms (jury trials only) o Joint Statement of the Case (jury trials only) o Proposed Additional Voir Dire Questions, if any (jury trials only) o Evidentiary Objections to Declarations of Direct Testimony (bench trials only) If the total number of motions in limine filed by the parties in the aggregate exceeds five (5) motions, the parties shall deliver two (2) courtesy copies of the motions in limine, oppositions, and proposed orders to the court in an organized binder or folder. The binder or folder must be indexed with tabs or dividers on the right side designating the docket number of each initial motion and the date on which it was filed. The binder or folder must be organized by the filing date of the initial motion, and each motion and its proposed order shall be followed by the opposition to the motion and its proposed order. Each party is responsible for delivering all of the motion papers related to the motions in limine that party filed, including any oppositions filed by an opposing party in response. The binder or folder must be delivered to chambers seven (7) days prior to the Final Pretrial Conference but shall not be sent prior to the cut-off date for an opposing party to file an opposition to any outstanding motions in limine. 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 All courtesy copies of pretrial filings shall be sent to Judge Slaughter’s courtesy box, located on the 10th floor of the Ronald Reagan Federal Building and United States Courthouse in Santa Ana. 1. Motions in Limine The court will generally hear and rule on motions in limine at the Final Pretrial Conference. The court may rule on motions in limine orally or by written order. Prior to filing any motion in limine, counsel shall first conduct a meaningful meet and confer and make every effort to reach a satisfactory resolution on the motion that negates its filing. If counsel are unable to reach an agreement, counsel shall file all motions in limine at least twenty-one (21) days prior to the Final Pretrial Conference. Oppositions must be filed at least fourteen (14) days prior to the Final Pretrial Conference. Unless the court determines otherwise, counsel shall not file any replies. Motions in limine and oppositions shall not exceed ten (10) pages in length. Motions in limine must concern specific issues. Motions in limine are not opportunities for summary adjudication and shall not be filed excessively. 2. Witness Lists Witness Lists shall be filed twenty-one (21) days prior to the Final Pretrial Conference, in the form specified in Local Rule 16-5. Witness Lists shall also include, for each witness: a brief description of the witness’s expected testimony; why the witness’s testimony will not be duplicative of other witnesses’ testimony; and a time estimate in hours or minutes (as applicable) of the length of direct and cross- examination of the witness. Counsel shall file all Amended Witness Lists by 12:00 p.m. (noon) the Thursday prior to the first day of trial. 3. Joint Exhibit List The Joint Exhibit List shall be filed twenty-one (21) days prior to the Final Pretrial Conference, in the form specified in Local Rule 16-6. The Joint Exhibit List shall also set forth any objections to authenticity and/or admissibility, including the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 basis for any such objections. Counsel shall file all Amended Joint Exhibit Lists by 12:00 p.m. (noon) the Thursday before trial. 4. Jury Instructions (jury trials only) Jury instructions shall be filed at least fourteen (14) days prior to the Final Pretrial Conference. Counsel should propose jury instructions derived from applicable jury instructions found in the most recent edition of the Manual of Model Jury Instructions for the Ninth Circuit. If the case requires the application of California law, counsel should source its instructions from the most recent edition of the Judicial Council of California Civil Jury Instructions (“CACI”). In other cases, counsel may submit alternatives to these instructions from other authoritative sources of jury instructions only if there is a reasoned argument that the above instructions do not properly state the law or are incomplete. Where a standard instruction does not provide for a certain term to be used or leaves space for counsel to write in a term, counsel must make the appropriate selection(s) or addition(s) in their proposed instructions. The parties shall make every effort to agree upon jury instructions before submitting proposed instructions. At a minimum, the parties shall meaningfully meet and confer regarding their proposed jury instructions pursuant to the following schedule: • Twenty-eight (28) days prior to the Final Pretrial Conference: counsel shall exchange their proposed general and special jury instructions. • Twenty-one (21) days prior to the Final Pretrial Conference: counsel shall exchange objections to their opposing counsel’s instructions, if any. • Until fourteen (14) days prior to the Final Pretrial Conference: counsel shall conduct meaningful meet and confers on an ongoing basis and make every effort to reach an agreement on Joint Proposed Jury Instructions. • Fourteen (14) days prior to the Final Pretrial Conference: counsel shall file their (1) Joint/Agreed Proposed Jury Instructions and (2) Disputed Jury Instructions. 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 If the parties disagree on any proposed jury instructions, they shall file: one set of Joint/Agreed Proposed Jury Instructions to which all parties agree; and one set of Disputed Jury Instructions. The Disputed Jury Instructions shall include a “redline” comparison of any disputed language and the factual and/or legal basis for each party’s position. The disputed instructions shall be organized by subject, so that instructions that address the same or similar issues are presented sequentially. The court may order the parties to further meet and confer before and/or during trial to reach agreement on proposed jury instructions. Each requested instruction shall be numbered, include a citation(s) to the authority or source of the instruction, be set forth as a complete instruction on a page separate from any other instruction, cover a single subject or principle of law, and not be duplicative of another instruction. If counsel’s proposed jury instructions total more than ten (10) pages in length, an index shall accompany counsel’s proposed instructions. The index shall include, for each instruction: the number of the instruction, the title of the instruction, and the page number of the instruction. During trial and before closing argument, the court will meet with counsel to reach an agreement on disputed jury instructions. 5. Joint Verdict Forms (jury trials only) The parties shall make every effort to agree upon a verdict form before submitting proposals. Counsel shall file a proposed verdict form(s) at least fourteen (14) days before the Final Pretrial Conference. If the parties are unable to agree on a verdict form, the parties shall jointly file a “Competing Verdict Forms” document, which shall include the parties’ respective proposed verdict form, a “redline” comparison of any disputed language, and the basis for each party’s respective position. // // 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 6. Joint Statement of the Case (jury trials only) At least fourteen (14) days before the Final Pretrial Conference, counsel shall file a Joint Statement of the Case. The Joint Statement should not exceed one page, and will be read to a panel of prospective jurors before the court begins voir dire. 7. Voir Dire (jury trials only) In general, the court conducts voir dire. The court asks prospective jurors basic questions (such as jurors’ general employment information, places of residence, and familiarity with the parties and/or counsel) and may also ask additional case-specific questions. The parties may propose case-specific voir dire questions so long as the proposed questions are filed at least fourteen (14) days prior to the Final Pretrial Conference. Final determination of voir dire will be discussed at the Final Pretrial Conference. 8. Proposed Findings of Fact and Conclusions of Law (bench trials only) Counsel for each party shall, no later than twenty-one (21) days prior to the Final Pretrial Conference, file and serve on opposing counsel their Proposed Findings of Fact and Conclusions of Law in the form specified in Local Rule 52-3. The parties may submit Supplemental Proposed Findings of Fact and Conclusions of Law during trial, and the court may order the parties to file Revised Proposed Findings of Fact and Conclusions of Law after trial concludes. 9. Declarations for Direct Testimony (bench trials only) When ordered by the court, each party shall, at least twenty-one (21) days prior to the Final Pretrial Conference, file declarations setting forth the direct testimony of each witness whom that party expects to call at trial. Each party shall file any evidentiary objections to the declaration(s) submitted by any other party at least fourteen (14) days prior to the Final Pretrial Conference. Such objections shall include the exact statement to which the party objects with a citation to the page and line of the declaration on which the statement appears, a specific and concise 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 objection with a citation to the Federal Rules of Evidence or, where applicable, a case citation, and at least two lines of blank space below each objection for the court to write in its ruling on the objection. B. Trial Exhibits Trial exhibits that consist of documents must be submitted to the court in three- ring binders, not to exceed 3”, and indexed by exhibit number with tabbed dividers on the right side. Plaintiff’s exhibits shall be numbered 1, 2, 3, and so forth. Other parties’ exhibits shall be numbered in the same sequential, numerical format, but shall not share any exhibit numbers with Plaintiff’s exhibits. For all sets of binders, the spine of each binder must be designated with the volume number and the range of exhibit numbers included in the volume. Counsel shall submit to the court one original set of exhibit binders for the witness(es) and two copies for the court. Counsel shall also submit a copy of the exhibit binder to opposing counsel; however, counsel may agree to deliver the exhibits to each other in another form (i.e., electronic delivery). • The original set of exhibits must be demarcated with official exhibit tags filled out, printed on green paper, and attached to the front upper right-hand corner of each exhibit. Each tag shall include the case number, case name, and exhibit number. Tags may be obtained from the Clerk’s Office, or counsel may print their own tags from Forms G-14A and G-14B on the “Court Forms” section of the court’s website. • The three sets of copies of the exhibits must be indexed with tabs or dividers on the right side but need not be stamped with official exhibit tags. Counsel will review the exhibit list and the exhibit binders with the Courtroom Deputy before the admitted exhibits are given to the jury. • The court provides certain audio/visual equipment for use during trial. More information is available at http://www.cacd.uscourts.gov/clerk-services/courtroomtechnology. 8 Exhibits may not be “published” by virtue of handing them to the jury. Counsel shall meaningfully meet and confer no later than ten (10) days before trial to stipulate as far as possible to foundation, to waiver of the best evidence rule, and to exhibits that may be received into evidence at the start of trial. The court disfavors admitting multiple exhibits at the close of a party’s case when the corresponding witness is not on the stand. If counsel believes the circumstances warrant or require the submission of multiple exhibits in this manner, counsel is encouraged to request permission from the court to do so as soon as possible. C. Materials to Present on First Day of Trial Counsel shall present these materials to the Courtroom Deputy on the first day of trial: 1. The three sets of exhibit binders (one original, two copies) described above. Counsel shall also present opposing counsel with the fourth set of exhibit binders (a third copy). 2. Any deposition transcripts to be used at trial, for the court’s use. D. Court Reporter Any party seeking special court reporter services for any hearing, including real time transmission or daily transcripts, shall notify the court reporter at least fourteen (14) days before the hearing date. E. Date and Time of Trial The court generally holds trials Tuesdays through Fridays from 8:30 a.m. to 12:00 p.m. and 1:30 p.m. to 4:30 p.m. The exact dates and times of trial proceedings will be determined at the Final Pretrial Conference and on a case-by-case basis. The court may consider the expected length of trial, the witnesses and evidence to be presented, and the availability of counsel and the parties. Thursdays are typically reserved for the court’s calendar. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. TRIAL PROCEDURES A. Ongoing Obligation to Meet and Confer The parties shall meet and confer on an ongoing basis throughout trial. The court requires the parties to attempt to resolve any issue that arises during trial among themselves first before the court will resolve it. B. Opening Statements, Examining Witnesses, and Summation Counsel must use the lectern. Counsel may prepare notes or materials in advance for personal use, but must not do so during trial. The court will determine time limits for opening statements, closing arguments, and examination of witnesses on a case-by-case basis. C. Objections to Questions Counsel must rise to state an objection and state only that counsel objects and counsel’s legal ground for objecting. Counsel shall not use objections to speak in narrative form, restate testimony, argue the case, or attempt to guide the witness’s answers. Unless the court orders otherwise, counsel may not argue an objection beyond stating counsel’s legal ground for objecting. D. Decorum 1. Unless granted specific permission by the court, in which case counsel shall return to the lectern as soon as possible thereafter, counsel must not approach the Courtroom Deputy or the witness box. 2. Unless ordered otherwise, counsel shall rise when addressing the court, and when the court or the jury enters or leaves the courtroom. 3. All remarks by counsel, including any request to re-read questions or answers, must be addressed to the court. Counsel must ask the court’s permission to speak with opposing counsel. Counsel shall not address the Courtroom Deputy, 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 parties, court reporter, or opposing counsel absent permission from the court. 4. All witnesses, except witnesses under the age of 14, are to be addressed only by their last names. 5. Counsel shall meet and confer with opposing counsel and obtain opposing counsel’s approval before submitting any stipulation to the court. 6. Counsel shall not leave counsel’s table to confer with any person outside the view of the court without the court’s permission while court is in session. 7. Counsel must not, by explicit or implicit means, display any opinion or belief concerning the testimony of a witness, including with respect to the witness’s credibility. Counsel shall instruct their clients and witnesses to do the same. 8. Counsel shall not speak to jurors about any subject. Counsel shall not speak with co-counsel, opposing counsel, witnesses, or clients about the case if the conversation could be overheard by a juror. Counsel shall instruct their clients and witnesses to do the same. 9. Only one lawyer for a party may conduct the direct or cross- examination of a particular witness, or make objections as to that witness, during that witness’s testimony. 10. Counsel must strictly abide by all motion in limine rulings. Counsel shall instruct their clients and witnesses to do the same. E. Timeliness 1. Counsel and witnesses are expected to be prepared to immediately commence trial proceedings on the time at which the proceedings are scheduled to start. 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 2. To accommodate witnesses based on a disability or other reasons, counsel must notify the Courtroom Deputy at least forty-eight (48) hours in advance. 3. All presenting parties must call a witness to take the stand if one is not currently testifying. The court may interpret a party’s failure to present one of their remaining witnesses within a reasonable time as that party resting their case. 4. If the court adjourns trial or orders a recess while a witness is on the stand, it is the responsibility of counsel who called the witness to secure the witness’s presence on the stand when trial resumes. The court will seek to resume trial as soon as possible. 5. The court may permit parties to call witnesses, such as professional witnesses, out of sequence. It is the responsibility of counsel to discuss in advance whether counsel intends to call any witnesses out of sequence. Counsel must raise any objection to such sequencing of testimony to the court before the testimony is scheduled to begin. F. Exhibits 1. Each counsel shall keep track of when each of its own exhibits has been admitted into evidence. Counsel shall also keep their own list of exhibits. 2. Counsel must advise the court and the Courtroom Deputy of any agreements with respect to proposed exhibits and as to those exhibits that may be received without further motion to admit. Any related stipulations must be in writing. 3. If the Courtroom Deputy provides counsel with any exhibits during a trial session, counsel shall be responsible for those 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 exhibits, and shall return them to the Courtroom Deputy at the end of the session. 4. Counsel shall request any exhibit not previously marked for identification to be marked at the time of its first mention. Counsel shall show any such exhibit to opposing counsel before the trial session in which the exhibit is first mentioned. 5. Counsel shall refer to exhibits by their official exhibit numbers. Witnesses should be asked to do the same. 6. Counsel must not ask witnesses to draw charts or diagrams without first requesting the court’s permission. Any graphic aid(s) shall be fully prepared before the trial session at which counsel intends to present the graphic aid(s). G. Depositions If counsel seeks to read the questions and answers from an adverse party’s deposition for impeachment purposes, counsel shall first identify for the witness the page and line on which the reading begins and ends. Counsel shall allow time for any objection. If counsel seeks to ask the witness questions on the subject matter of the deposition excerpts read, the witness shall be provided a copy of the relevant pages of the deposition and shall be told to read the relevant pages and lines silently. Counsel may then read further excerpts from the deposition and ask questions of the witness, in no particular order. The witness may then read the deposition excerpts into the record if questioned about its subject matter; otherwise, counsel may read the deposition excerpts into the record. If a witness is unavailable and that witness’s testimony is offered by deposition, the court may allow a reader to read the deposition testimony from the witness stand while counsel asks questions, or counsel shall read the questions and the answers. // // 13 H. Condensing Answers to Interrogatories and Requests for Admission If counsel anticipates offering more than one answer to interrogatories or requests for admissions based on documents exceeding twenty (20) total pages in length, counsel should prepare a new document listing each question and answer, and the source documents from which the new document was prepared. Counsel shall provide copies of the new document to the court and opposing counsel. I. Advance Notice of Issues Requiring Research or Briefing Counsel must advise the court of any question of evidence or law that counsel believes will necessitate legal argument requiring research or briefing prior to the trial session at which the question will first be implicated. If an unforeseeable and unexpected legal issue arises during a trial session, counsel shall notify the Courtroom Deputy at the day’s adjournment, but counsel shall not make any comments or argument to the Courtroom Deputy regarding its merits. Counsel shall advise the Courtroom Deputy at the end of each trial session of any issues that must be addressed outside the presence of the jury. IT IS SO ORDERED. DATED: _____________ HONORABLE FRED W. SLAUGHTER 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 14

=== Civil Standing Order UPDATED 09-23-2024 ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA PLAINTIFF’S NAME, Case No.: Plaintiff/s, v. CIVIL STANDING ORDER DEFENDANT’S NAME, Defendant/s. PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to Judge Fred W. Slaughter. Both the court and all counsel bear responsibility for the progress of litigation in this court. “Counsel,” as used in this Order, includes parties appearing pro se.1 To secure the just, speedy, 1 The court does not exempt parties appearing pro se from compliance with the Federal Rules of Civil Procedure or the Local Rules. See Local Rules 1-3 and 83- 2.2.3. 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 and inexpensive determination of every action, all counsel are ordered to familiarize themselves and comply with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. See Fed. R. Civ. P. 1. UNLESS THE COURT ORDERS OTHERWISE, THE FOLLOWING RULES APPLY. I. Service of the Complaint Plaintiff shall promptly serve the complaint in accordance with Federal Rule of Civil Procedure 4 and shall comply with Federal Rule of Civil Procedure 4(l) and Local Rule 5-3 with respect to all proofs of service. Any defendant, including any “Doe” or fictitiously named defendant, not served within 90 days after the case is filed will be dismissed pursuant to Federal Rule of Civil Procedure 4(m). II. Removed Actions Any Answers filed in state court must be refiled in this court as a supplement to the Notice of Removal. Any pending motions must be re-noticed in accordance with Local Rule 7. If an action removed to this court contains a form pleading, e.g., a pleading in which boxes are checked, the party or parties that filed the form pleading must file in this court within thirty (30) days of receipt of the Notice of Removal a revised pleading that complies with Federal Rules of Civil Procedure 7, 7.1, 8, 9, 10 and 11. An amended complaint filed within 30 days after removal to replace a form complaint pursuant to this instruction shall be deemed an amended complaint with “the court’s leave” pursuant to Federal Rule of Civil Procedure 15(a)(2). III. Presence of Lead Counsel Lead trial counsel shall attend any proceeding before this court, including all Scheduling, Pretrial, and Settlement Conferences. In an effort to provide more experience to the next generation of practitioners, the court encourages lead counsel to permit junior counsel to fully participate in court proceedings, including to argue motions and to examine witnesses at trial. IV. Calendar Conflicts 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 Counsel shall notify both of the Judges’ courtroom deputies at least three (3) days in advance. Counsel should defer to the most senior of the judges. A priority before that Judge should be requested. A “Notice of Unavailability” has no legal effect and should not be filed. V. Scheduling Conference and Rule 26(f) Meeting of Counsel Pursuant to Federal Rules of Civil Procedure 16(b) and 26(f), the court will issue an Order Setting a Scheduling Conference. Counsel shall meet no later than twenty-one (21) days prior to the court-ordered Scheduling Conference pursuant to Federal Rule of Civil Procedure 26(f) and applicable Local Rules. This meeting may occur telephonically and need not occur in person. A written exchange of correspondence will not satisfy this requirement. VI. Joint Rule 26(f) Report Unless otherwise ordered, no later than fourteen (14) days before the Scheduling Conference, counsel shall file a Joint Rule 26(f) Report. A Joint Rule 26(f) Report which is not timely filed or does not conform with this Order, Federal Rule of Civil Procedure 26(f), and/or applicable Local Rules will interfere with preparation by the court and its staff and may result in the assessment of sanctions, including dismissal. The Joint Rule 26(f) Report shall address the matters set forth in Federal Rule of Civil Procedure 26(f), as well as those enumerated in the court’s Order Setting Scheduling Conference. VII. Discovery All discovery matters have been referred to a Magistrate Judge, who will hear all discovery disputes. The Magistrate Judge’s initials follow the District Judge’s initials next to the case number. All discovery documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing. Please do not deliver courtesy copies of discovery documents to Judge Slaughter’s chambers. Counsel must follow the Magistrate Judge’s procedures for scheduling matters for hearing. These procedures are stated on each Magistrate Judge’s webpage. 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 In accordance with 28 U.S.C. § 636(b)(1)(A), the Magistrate Judge’s decision shall be final, and this court will not reverse any order of the Magistrate Judge unless it has been shown that the Magistrate Judge’s order is clearly erroneous and contrary to law. Any party may file and serve a motion for review and reconsideration before this court. See Local Rule 72-2. The moving party must file and serve the motion within fourteen (14) days of service of a written ruling or an oral ruling that the Magistrate Judge states will not be followed by a written ruling. The motion must specify which portions of the ruling are clearly erroneous and contrary to law, and the claim must be supported by a memorandum of points and authorities. Counsel shall provide the Magistrate Judge’s chambers copies of the moving papers and responses. VIII. Motions – General Requirements a. Pre-Filing Meet and Confer Requirement Counsel shall take note of Local Rule 7-3, which requires “counsel contemplating the filing of any motion” to “first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.” Counsel shall discuss the issues sufficiently such that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the court. Counsel shall resolve minor procedural or other non-substantive matters during the conference. The notice of motion or other request must include a statement of compliance with Local Rule 7-3. The court may strike, outright deny a motion, or order other relief, including sanctions, if counsel fails to meet and confer in good faith. This requirement applies even to self-represented parties; there is no exception to this rule for parties who appear pro se. Nor are there any exceptions to this rule for futility or redundancy. b. Time for Filing and Hearing Motions Motions shall be filed in accordance with Local Rule 7. This court hears motions on Thursdays, beginning at 10:00 a.m. If Thursday is a court holiday, motions will be heard on the next Thursday. Counsel shall not contact the Courtroom 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 Deputy to clear or reserve a civil motion hearing date. A list of closed dates is located on Judge Slaughter’s webpage. c. Length and Format of Motion Papers Pursuant to Local Rule 11-6, absent leave of court Memoranda of Points and Authorities in support of or in opposition to motions shall not exceed 7,000 words, including headings, footnotes, and quotations but excluding the caption, the table of contents, the table of authorities, the signature block, the certification required by L.R. 11-6.2, and any indices and exhibits. Only for good cause shown will the court grant an application to extend these page limitations. Pursuant to Local Rule 11-8, all Memoranda of Points and Authorities exceeding ten (10) pages must be accompanied by a Table of Authorities and a Table of Contents. All briefing must use Times New Roman font. Text must be no less than fourteen (14) point font; footnotes shall be in the same font and the same size as the body of the memorandum. Counsel shall adhere to Local Rule 5-4.3 with respect to the conversion of all documents to .pdf format so that when a document is electronically filed, it is in proper size and is .pdf searchable. Further, all documents shall be filed in a format so that text can be selected, copied, and pasted directly from the document. See Local Rule 5-4.3.1. All documents—including pleadings, motions, and exhibits—submitted to the court must be text-searchable (i.e., “OCR’d”). d. Documents with Declarations, Exhibits, and Other Attachments If a filed or lodged document has declarations, exhibits, or other attachments, each attachment must be filed as a separately-docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 20-1 Declaration of Joe Smith; Dkt. 20-2 Ex. 1 - License Agreement; Dkt. 29-3 Evidentiary Objections). The court may strike or decline to consider motions, stipulations, or other documents with attachments that are not filed in accordance with this Order. e. Citations to Case Law 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 Citations to case law must identify the case cited and the specific page referenced. For example, if a quotation is presented, the associated page citation shall be provided. Similarly, if a case is cited in support of a proposition based on language in the opinion, the page on which such language appears shall be provided. Bluebook style is required. f. Citations to Other Sources Statutory references must identify with specificity the sections and subsections referenced. Citations to treatises, manuals, and other materials should include the volume, section, and pages being referenced. Citations to prior filings in the same action shall include the docket entry number, section, and pages referenced. Bluebook style is required. g. Oral Argument If the court deems a matter appropriate for decision without oral argument, the court will take the matter under submission and notify the parties before the hearing. h. Artificial Intelligence Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a motion, brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer’s Rule 11 obligations. IX. Motions – Specific Requirements a. Motions Pursuant to Federal Rule of Civil Procedure 12 Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment. C.f. Polich v. Burlington Northern, Inc., 942 F.2d 1467, 1472 (9th Cir. 1991) (noting that where a motion to dismiss is granted, a district court should grant leave to amend unless it is 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 clear the complaint cannot be saved by amendment). Moreover, a party has the right to amend the complaint “once as a matter of course at any time before a responsive pleading is served.” Fed. R. Civ. P. 15(a). Even after a complaint has been amended or a responsive pleading has been served, the Federal Rules of Civil Procedure provide that leave to amend should be “freely given when justice so requires.” Fed. R. Civ. P. 15(a). The Ninth Circuit requires that this policy favoring amendment be applied with “extreme liberality.” Morongo Band of Mission Indians v. Rose, 893 F.2d 1074, 1079 (9th Cir. 1990). Consequently, parties should carefully consider and weigh an opponent’s contentions as to the deficiencies in a pleading. The court expects that, in most instances, the parties will agree to any amendment that would cure the defect. b. Motions to Amend In addition to the requirements of Local Rule 15-1, all motions to amend pleadings shall: (1) state the effect of the amendment; (2) be serially numbered to differentiate the amendment from previous amendments (i.e., “First Amended Complaint,” “Second Amended Complaint”); and (3) identify the pages, line numbers, and wording of any proposed change or addition of material. Counsel shall electronically file a “Notice of Lodging” attaching the proposed amended pleading as a document separate from the motion, as well as a “redlined” version of the proposed amended pleading identifying all additions and deletions of material as an appendix to the moving papers. Before a motion to amend is filed, the redlined version also must be delivered to opposing counsel at least two hours in advance of the Local Rule 7-3 conference; and if the plaintiff later changes the delivered version, counsel will be required to meet again about the revised pleading. c. Motions in Limine Motions in limine shall be filed and noticed for a hearing in accordance with the court’s Scheduling Order. In no case shall any motion in limine be noticed for a hearing date later than the Final Pretrial Conference. 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 d. Motions for Class Certification If this action is a putative class action, the parties are to act diligently and begin discovery immediately, so that the motion for class certification can be filed expeditiously. Parties are advised to refer to the court’s Order Setting Scheduling Conference for additional guidance as to the filing and timing of motions for class certification. e. Motions for Default Judgment Unless the court orders otherwise, motions for default judgment shall be filed within 14 days after the later of (1) entry of default against the last remaining defendant or (2) resolution of all claims against all defendants who have not defaulted. The motion must include a showing of both subject-matter and personal jurisdiction. See In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999). A plaintiff who moves for default judgment and wishes to seek attorney’s fees and costs must include in the motion a properly supported request for attorney’s fees and costs together with the motion for default judgment. Failure to do so will result in the striking of any subsequent motion for attorney’s fees and costs absent a showing of good cause. The court may vacate the hearing on a motion for default judgment if no opposition is timely filed, and the notice of motion should so state. Unless the court orders otherwise, the movant must appear at the motion hearing prepared to argue the motion and respond to any tentative opinion even in the absence of an opposition. f. Motions for Summary Judgment No party may file more than one motion pursuant to Federal Rule of Civil Procedure 56, regardless of whether such motion is denominated a motion for summary judgment or summary adjudication, without leave of court. If a party believes this is one of the rare instances in which good cause exists for more than one motion for summary judgment or to increase page limits, the party shall seek leave by noticed motion setting forth a detailed showing of good cause. Pursuant to Federal Rule of Civil Procedure 56(f), when appropriate, based on undisputed facts and 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 controlling principles of law, the court may sua sponte enter summary judgment in favor of the non-moving party. Also, the court will not entertain cross-motions that seek to adjudicate the same legal issues. If parties wish to cross-move for summary judgment, their counsel shall meet and confer to determine which party will move and which will oppose the one motion for summary judgment. Parties need not wait until the motion cutoff date to bring motions for summary judgment or partial summary judgment. The hearing on any such motion shall be set for a date in advance of the last date to hear motions as stated in the court’s Scheduling Order. This court requires an extended briefing schedule for motions for summary judgment, as set forth below: • Motions for Summary Judgment: Must be filed at least forty-two (42) days before the noticed hearing date. • Opposition: Must be filed twenty-eight (28) days before the noticed hearing date. • Reply: Must be filed twenty-one (21) days before the noticed hearing date. The above briefing schedule is the default. The parties may stipulate to a modified schedule that is reasonable for all parties, subject to court approval. Any briefing schedule must provide the court at least twenty-one (21) days between the reply deadline and the hearing date. The parties should prepare papers in a fashion that will assist the court in processing and analyzing the volume of material (e.g., tables of contents, headings, indices, bookmarks in electronic documents, pinpoint citations, etc.). Additionally, parties should submit a courtesy copy of the motion and related papers to Judge Slaughter’s chambers copy box, located on the 10th floor of the Ronald Reagan Federal Building and United States Courthouse in Santa Ana. The parties shall comply with Local Rules 56-1 and 56-2, in addition to the court’s additional requirements described below. 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 i. Statements of Uncontroverted Facts and Genuine Disputes The separate statement of uncontroverted facts, statement of genuine disputes of material fact, and response to statement of genuine disputes of material fact shall be prepared in accordance with Local Rules 56-1–56-3. The factual statements should be set forth in sequentially numbered paragraphs. Each paragraph should contain a narrowly focused statement of fact. Each numbered paragraph should address a single subject as concisely as possible. Do not include legal argument in this document. The opposing party may dispute all or only a portion of the statement, but if disputing only a portion, the document must clearly indicate what part is being disputed. The court will not wade through a document to determine whether a fact really is in dispute. The opposing party may submit additional material facts that bear on the issues raised by the movant. The additional facts shall follow the format of the moving party’s separate statement and shall continue in sequentially numbered paragraphs. ii. Supporting Evidence No party shall submit evidence other than the specific items of evidence or testimony necessary to support or controvert a proposed statement of undisputed fact. For example, entire deposition transcripts, entire sets of interrogatory responses, and documents that do not specifically support or controvert material in the separate statement shall not be submitted in support of or in opposition to a motion for summary judgment. Evidence submitted in support of or in opposition to a motion for summary judgment should be submitted either by way of stipulation or as exhibits to declarations sufficient to authenticate the proffered evidence and should not be attached to the memorandum of points and authorities. Documentary evidence for which there is no stipulation regarding foundation must be accompanied by the testimony, either by declaration or properly authenticated deposition transcript, of a witness who can establish authenticity. iii. Objections to Evidence 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 If a party disputes a fact based in whole or in part on an evidentiary objection, the ground for the objection should be stated succinctly in a separate statement of evidentiary objections in a two column format. The left column should identify the items objected to (including page and line number if applicable) and the right column should set forth a concise objection (e.g., hearsay, lack of foundation, etc.) with a citation to the Federal Rules of Evidence or, where applicable, a case citation. A proposed order shall be filed and attached to the evidentiary objections as a separate document in Word-processing format consistent with Local Rule 52-4.1 and emailed directly to the court’s chambers email address at [email protected]. g. Motions for Attorneys’ Fees Motions for attorneys’ fees shall be electronically filed and set for hearing according to Local Rule 6-1 and this Order. Any motion or request for attorneys’ fees shall attach two summaries, in table form, of the hours worked by and billing rate of each attorney with title (e.g., partner, counsel, associate, etc.). The first table shall include a summary of the hours worked by each attorney, organized by task (e.g., discovery, motion to dismiss, motion for summary judgment). The second table shall include a summary of the hours worked by each attorney, organized by attorney. Both tables shall list all the tasks on which the attorney worked, the hours worked on each task, and the hourly rate of each attorney. If the hourly rate charged by any individual attorney changed while the action was ongoing, the party shall provide separate calculations for the total number of hours the attorney spent in connection with each task at each hourly rate. All tables shall be attached to the motion and electronically filed. The courtesy copies of the tables shall be prepared in Excel, have all restrictions removed so the spreadsheets can be edited, and be emailed to the court’s chambers email address at [email protected]. h. Under Seal Filings: 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 Local Rule 79-5 governs applications to file documents under seal. Local Rule 79-5.2.2 explains how to apply to file under seal and how to proceed if leave is granted. Parties must comply with all provisions of Local Rule 79-5. There is a strong presumption of public access in civil actions. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification that establishes “good cause” or “compelling reasons” for the information to be protected. Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006). Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the court has authorized to be filed under seal. Sealing must be justified for each individual item—blanket claims of confidentiality will result in the application to seal being denied. Counsel are strongly encouraged to consider carefully whether sealing or redaction is absolutely required for a given piece of evidence or argument. An application to seal that includes meritless requests to seal or redact documents will be denied. The parties also must meet and confer before filing an application to seal. X. Proposed Orders Each party filing or opposing a motion or seeking the determination of any matter shall file, serve, and electronically lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. The court requires strict compliance with Local Rule 5-4.4.2, which states that “a Microsoft Word copy of the proposed document, along with a PDF copy of the electronically filed main document, shall be e-mailed to the assigned judge’s generic chambers e-mail address,” which for this court is 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 [email protected]. The court will not consider a motion, stipulation, ex parte application, or other request for relief unless a compliant proposed order is received by email. A filing may be stricken for failure to timely comply. XI. Chambers Courtesy Copies Mandatory chambers copies of the following e-filed documents shall be delivered to Judge Slaughter’s chambers copy box on the 10th Floor of the Ronald Reagan Federal Building and United States Courthouse in Santa Ana or sent via overnight mail: all motions and related documents (oppositions, replies, exhibits); ex parte applications (excluding pro hac vice applications) and related documents (oppositions and exhibits); and all pretrial documents. Mandatory chambers copies must be delivered by noon following the date of filing as required by Local Rule 5-4.5. Mandatory chambers copies of sealed documents shall be delivered to the Clerk’s Office Intake window, to be placed in the court’s internal mail box. If the mandatory chambers copy of a document is an inch or more thick, the filing party should place the court’s copy in a three-ring binder (no blue backing is required). XII. Ex Parte Applications Ex parte applications are solely for extraordinary relief. To justify ex parte relief, there must be a showing of irreparable prejudice and that the moving party is without fault, or that the crisis occurred as a result of excusable neglect. See Mission Power Engineering Co. v. Continental Casualty Co., 883 F. Supp. 488, 492-93 (C. D. Cal. 1995). The court directs counsel’s attention to Local Rule 7-19. The court considers ex parte applications on the papers. Accordingly, counsel need not set ex parte applications for a hearing date. The other parties’ opposition, or notice of non- opposition, to an ex parte application is due 24 hours after the other parties’ receipt of 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 the ex parte application, or within 24 hours after the ex parte application is filed, whichever is earlier. XIII. Injunctions and Restraining Orders Parties seeking preliminary or emergency injunctive relief must comply with Federal Rule of Civil Procedure 65 and Local Rule 65. Applications for a Temporary Restraining Order (“TRO”) are also governed by Local Rule 7-19, which applies to ex parte applications. Thus, oppositions to Applications for a TRO must be filed within 24 hours following service of the Application or filing of the Application, whichever is earlier. The court will not rule on any Application for a TRO for at least 24 hours after the party subject to the requested order has been served, unless notice is excused as per Federal Rule of Civil Procedure 65(b), or unless the interests of justice so require. The parties must provide chambers copies of TRO-related documents on the same day they are filed. XIV. Continuances Continuances are granted only on a showing of good cause. See Fed. R. Civ. P. 16(b)(4). Requests for continuances must be by stipulation, motion, or ex parte application and must be accompanied by a declaration setting forth the reasons for the requested continuance. The declaration also should include whether there have been any previous requests for continuances and whether these requests were granted or denied by the court. See Local Rule 40-1. Stipulations extending dates set by this court are not effective unless approved by the court. The court’s determination of whether good cause has been shown focuses upon evidence of diligence by the party or parties seeking a continuance and on the potential for prejudice that might result from a denial of the continuance. See Fed. R. Civ. P. 16(b)(4); Matrix Motor Co. v. Toyota Jidosha Kabushiki Kaisha, 218 F.R.D. 667, 671 (C.D. Cal. 2003). XV. Communications with Chambers 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 Counsel must not attempt to contact the court or chambers staff by email, telephone, or by any other ex parte means. Counsel must not contact the Courtroom Deputy regarding the status of any matter before the court or seek any legal advice. Nor should counsel contact the Courtroom Deputy to inquire about court procedure when the answer is readily available by consulting the Federal Rules of Civil Procedure, the Local Rules, or the court’s standing orders. Calls or emails regarding the status of submitted motions, stipulations, or proposed orders will not be returned. Counsel may determine the status of any submitted motion, stipulation, or proposed order by accessing the docket sheet through PACER, which can be accessed via the Central District of California’s website. Counsel may, for appropriate matters only, contact the Courtroom Deputy via the court’s chambers email at [email protected]. Any appropriate inquiry directed to the Courtroom Deputy must be by email with a copy to counsel for all parties. Counsel must include on all papers their email address, telephone number, and fax number to facilitate communication with the Courtroom Deputy. XVI. Guidance for Pro Se Litigants Parties who represent themselves in civil litigation (i.e., appear pro se), should be aware that the court holds these parties to the same standards of conduct to which it holds attorneys. The following links may be helpful to those representing themselves in civil matters: • General information on how parties may represent themselves in civil cases in the Central District of California can be found at https://prose.cacd.uscourts.gov/. • Local Civil Rules for the Central District of California can be found at http://www.cacd.uscourts.gov/court-procedures/local-rules. • Federal Rules of Civil Procedure can be found at https://www.law.cornell.edu/rules/frcp. 15 Only individuals may represent themselves. A corporation or other entity must be represented by counsel, and if counsel seeks to withdraw, counsel must advise the entity of the dire consequences of failing to obtain substitute counsel before seeking withdrawal—i.e., a plaintiff entity’s case will be dismissed or a defendant entity will default. See C.D. Cal. L.R. 83-2.3.4. XVII. Order Setting Scheduling Conference Pursuant to Federal Rules of Civil Procedure 16(b) and 26(f), the court will issue an Order setting a Scheduling Conference. The parties must strictly comply with Federal Rules of Civil Procedure 16 and 26, and Local Rule 26. Absent a showing of good cause, the parties must propose a trial date that is within 18 months of the filing of the complaint. XVIII. Settlement Conference and Alternative Dispute Resolution (ADR) As stated in Local Rule 16-15, the parties in every case must participate in a Settlement Conference or Alternative Dispute Resolution (“ADR”) procedure. The court will not hold a final pretrial conference or convene any trial unless and until all parties, including the principals of all corporate parties, have completed ADR. This court participates in the Court-Directed ADR Program whereby the court refers the parties to the magistrate judge, the Court Mediation Panel, or to private mediation. See General Order 11-10, § 5.1. If a Notice to Parties of Court-Directed ADR Program (form ADR-08) has been filed in this case, counsel must furnish and discuss it with their clients in preparation for the Federal Rule of Civil Procedure 26(f) conference. In their Joint Rule 26(f) Report, counsel should indicate their preferred ADR procedure. The court will refer the case to a procedure at the initial scheduling conference. More information about the court’s ADR Program, the Mediation Panel, and mediator profiles is available on the court’s website. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 XIX. Notice of This Order Counsel for Plaintiff shall immediately serve this Order on all parties, including any new parties to the action. If this case came to the court by noticed removal, the Defendant shall serve this Order on all other parties. IT IS SO ORDERED. Dated: ________________ _________________________________ HONORABLE FRED W. SLAUGHTER UNITED STATES DISTRICT JUDGE 17

=== Guide to Electronically Filing Under Seal Documents in Civil Cases ===

This document outlines the procedures for attorneys to follow when electronically filing SEALED documents in otherwise PUBLIC/NON‐SEALED civil cases. REVISED: November 2015 Guide to Electronically Filing Under-Seal Documents in Civil Cases U.S. District Court for the Central District of California SEALED CIVIL DOCUMENTS 2015 Table of Contents E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES ..................... 1 OVERVIEW OF E-FILING PROCEDURES ............................................................................... 2 Application for Leave to File Under Seal .................................................................................. 2 E-Filing Sealed Documents ........................................................................................................ 2 Service of Sealed Documents ..................................................................................................... 2 Public Access ............................................................................................................................. 3 Available Events ......................................................................................................................... 3 Clearly Label All Sealed Documents ......................................................................................... 3 Use Caution in Drafting Docket Entry Text .............................................................................. 3 Mandatory Chambers Copies & Proposed Orders ..................................................................... 3 Filing a Redacted Document ...................................................................................................... 4 Problems Filing a Sealed Document .......................................................................................... 4 Red Screens ................................................................................................................................ 4 APPLICATION FOR LEAVE TO FILE UNDER SEAL: SCREEN-BY-SCREEN INSTRUCTIONS ....................................................................................................................... 5 Leave to File Document Under Seal .......................................................................................... 5 Sealed Declaration in Support .................................................................................................. 10 SEALED DOCUMENT: SCREEN-BY-SCREEN INSTRUCTIONS ....................................... 15 SEALED MOTION (GENERIC SEALED MOTION-TYPE EVENT): SCREEN-BY- SCREEN INSTRUCTIONS ..................................................................................................... 22 SEALED OPPOSITION: SCREEN-BY-SCREEN INSTRUCTIONS ...................................... 29 SEALED REPLY: SCREEN-BY-SCREEN INSTRUCTIONS ................................................. 35 APPLICATION FOR LEAVE FOR IN CAMERA REVIEW: SCREEN-BY-SCREEN INSTRUCTIONS ..................................................................................................................... 41 i SEALED CIVIL DOCUMENTS 2015 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA E‐FILING SEALED DOCUMENTS IN PUBLIC/NON‐SEALED CIVIL CASES Effective December 1, 2015, the United States District Court for the Central District of California will amend its local rules to require attorneys to electronically file sealed documents in otherwise PUBLIC/NON-SEALED CIVIL CASES using the Court’s CM/ECF system. Additional changes to the Local Rules effective the same day will change the way leave to file documents under seal must be requested, especially for documents subject to a protective order, and provide guidance for seeking in camera review of documents. A redline of all changes to the Local Rules effective December 1, 2015, is available here: http://www.cacd.uscourts.gov/ news/new-and-amended-local-rules-effective-december-1-2015. Please review these changes before filing or seeking leave to file any documents under seal on or after December 1, 2015. Note that the new rules require electronic filing only in PUBLIC/NON-SEALED CIVIL CASES. For now, continue to file sealed documents in criminal cases in paper, or as otherwise directed by your assigned judge’s standing orders. Likewise, continue to file all documents in paper in any case in which the entire case is under seal. And note that pro se parties who have been granted permission to file documents electronically must nonetheless continue to file sealed documents in paper; the CM/ECF system does not allow pro se parties to e-file sealed documents. This Guide to Electronically Filing Under-Seal Documents in Civil Cases sets forth step-by-step instructions for electronically filing sealed documents, Applications for Leave to File Under Seal, and Applications for Leave for In Camera Review. Please review these instructions carefully – failure to follow these instructions could result in the inadvertent filing of a document you wish to keep under seal as a public document. Please note that, within CM/ECF, a separate menu of events related to the e-filing of sealed documents has been created (“Under Seal Filing Events”). If you attempt to e-file a sealed document, you must use one of the events available from this menu, or your document will not be filed under seal. Do not use a regular motion event on the “Motions and Related Filings” menu, as any documents so filed will be public. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 1 SEALED CIVIL DOCUMENTS 2015 OVERVIEW OF E‐FILING PROCEDURES Application for Leave to File Under Seal Before filing any sealed document, you must have leave of court. Even if a statute or rule authorizes the filing of a particular document under seal, you must obtain a court order in the case in which you plan to file that document. Accordingly, you must first electronically file an Application for Leave to File Under Seal, following the instructions set forth below at page 5. Your Application must be accompanied by: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of the documents proposed to be filed under seal. L.R. 79- 5.2.2(a)-(b) (eff. 12/1/15). The Application, the proposed order, any redacted documents, and the text of the docket entry itself will be visible to the public, so be sure to draft them accordingly. The declaration and the document(s) proposed to be filed under seal will not be publicly viewable. A Notice of Electronic Filing (“NEF”) will be sent, and recipients will be able to click on the link in the NEF to view the Application, the proposed order, and the redacted documents. However, only court staff and the CM/ECF user filing the documents will be able to view the declaration and the documents proposed to be filed under seal. Note that, if you are the party that has designated a document confidential pursuant to a protective order, L.R. 79-5.2.2(b)(i) requires you to file a Declaration explaining why the documents should be filed under seal. You should use the “Sealed Declaration in Support” event to file this declaration. E‐Filing Sealed Documents Once leave to file a document under seal has been granted, the party that requested leave to file under seal must proceed to file the document. Clerk’s Office staff will not do this for you. If you obtain leave to file a document under seal, you must follow through and file it under seal, or you will not be able to rely on the document in the case. For instance, if you obtain leave to file a motion to dismiss under seal, you must then file your motion to dismiss, using the “Sealed Motion” event under the “Under Seal Filing Events” menu, following the instructions set forth below at page 22. Likewise, if you obtain leave to file an exhibit to a summary judgment motion under seal, you must then proceed to file your summary judgment motion using a regular motion event, then file the sealed exhibit using the “Sealed Document” event on the “Under Seal Filing” menu, and link it to your summary judgment motion, following the instructions set forth below at page 15. Any document filed under seal must also be linked to the court order granting permission to so file. See L.R. 79-5.2.2 (c) (eff. 12/1/15). Service of Sealed Documents Documents electronically filed under seal will not be accessible through the Notice of Electronic Filing (“NEF”). The filing party is therefore responsible for serving all sealed documents and attachments on opposing counsel by other means. A certificate of service must be included with every sealed filing and a copy of the NEF should be served with the sealed Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 2 SEALED CIVIL DOCUMENTS 2015 document. See L.R. 79-5.3 (eff. 12/1/15). Public Access A sealed document filed in CM/ECF cannot be viewed remotely on PACER or on the Clerk’s Office public terminals by anyone other than Court personnel, with one exception. The individual attorney who e-filed that sealed document will be able to access it, but no other CM/ECF users, even attorneys of record in the same case or for the same party, will be able to view the document. Available Events Only documents properly filed using specific sealed docket entries are SEALED upon submission. The events are located on the “Under Seal Filing Events” menu found under the “Under Seal Filings” heading on the CIVIL docketing menu. The following sealed civil events are available for your use:  Leave for In Camera Review  Leave to File Document Under Seal  Sealed Declaration in Support  Sealed Document  Sealed Motion (Generic sealed motion type event)  Sealed Opposition  Sealed Reply Additional information and step-by-step filing instructions for each of these events is set forth below. When you file a document using the events listed above, you will have the ability to link or relate your motion, opposition, reply, or other sealed document to a previous docket entry. Clearly Label All Sealed Documents All sealed documents should be clearly marked as “FILED UNDER SEAL PURSUANT TO ORDER OF THE COURT DATED ______.” L.R. 79-5.2.2(c). Use Caution in Drafting Docket Entry Text When electronically filing a sealed document, remember, the DOCKET ENTRY can be viewed by the public, even though the attached DOCUMENT will be sealed. Mandatory Chambers Copies & Proposed Orders A Word Perfect or Microsoft Word version of the proposed order must be emailed to chambers as required by L.R. 5-4.4.2, and mandatory chambers copies of e-filed sealed documents must be provided to chambers pursuant to L.R. 5-4.5, just as with any e-filed documents. However, mandatory chambers copies must be provided in sealed envelopes, with a copy of the title page attached to the front of each envelope. L.R. 79-5.2.2(a). Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 3 SEALED CIVIL DOCUMENTS Filing a Redacted Document 2015 If you are required to file a redacted version of a document, only the portions of the document that are confidential should be redacted. Be sure to add the word REDACTED in the caption of the document and in the docket text of the entry. Problems Filing a Sealed Document If you cannot file a sealed document electronically due to a technical failure of CM/ECF, you must file it in paper pursuant to L.R. 5-4.6.2. The original and the judge’s copy of all such documents must be submitted for filing in separate sealed envelopes, with a copy of the title page attached to the front of each envelope. An additional copy must be provided in PDF format on a CD. L.R. 79-5.2. Red Screens During the docketing process for any of the events on the “Under Seal Filing Events” menu, the screen will eventually turn RED. This is the indication that you are using a sealed document event. If the screen does not turn red, STOP immediately. You will need to start your docket entry over to ensure you are using the proper sealed document event. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 4 SEALED CIVIL DOCUMENTS 2015 APPLICATION FOR LEAVE TO FILE UNDER SEAL: SCREEN‐BY‐SCREEN INSTRUCTIONS Electronically filing an Application for Leave to File Under Seal is a two-step process. Local Rule 79-5.2.2 requires that certain documents be filed with the Application: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of any documents proposed to be filed under seal. The rule specifies that the Application, the proposed order, and the redacted documents will be publicly viewable, while the declaration and the unredacted documents will not. Accordingly, you must file the Application, the proposed order, and any redacted documents using one, non-sealed, event (“Leave to File Under Seal”), and the declaration and unredacted documents using another, sealed event (“Sealed Declaration in Support”). Step-by-step instructions for each of those two steps are set forth below. STEP 1 Civil > Under Seal Filings > Under Seal Filing Events > Leave to File Document Under Seal 1. From the Civil Events Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 5 SEALED CIVIL DOCUMENTS 2015 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. 4. Select the “Leave to File Document Under Seal” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Application from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 6 SEALED CIVIL DOCUMENTS 2015 6. You will upload your PDF documents on the next screen. Under “Main Document,” click the “Browse” button, and a file upload box will appear. Navigate to your “Application for Leave to File Under Seal” and select the file, then click “Open.” 7. Under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your “Redacted Document” and “Proposed Order” are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” 8. Select “Application” for your moving document, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 7 SEALED CIVIL DOCUMENTS 2015 9. Review the REMINDER message on the next screen. If you are amending an existing Application for Leave to File Under Seal, please use the “Amendment (Motion related)” event located under “Responses, Replies and Other Motion Related Documents” on the main Civil Events Screen. If you use the “Leave to File Document Under Seal” event to file an amended version of an Application already on file, the system will create an unnecessary duplicate motion on the Judge’s calendar. Enter the filing party’s role in the “Party Role” field, and click “Next.” 10. Please note the warning message on the next screen: NO HEARING is required for this application, so DO NOT set a hearing date. Click “Next.” 11. As no hearing is required, leave the “Date” and “Time” fields blank, and click “Next” to bypass this screen. 12. Note the warning message on the following screen, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 8 SEALED CIVIL DOCUMENTS 2015 13. On the next screen, in the second free text field, enter the title of the document which you are seeking leave to file under seal. Remember that the docket entry text will be publicly visible, so do not include confidential information here. Click “Next.” 14. The next screen will display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button at that point will create an error. 15. The Notice of Electronic Filing will now be displayed. The docketing sequence for the first step of this two-step process (i.e., filing the Application and unsealed attachments) has been completed. You must now continue to the second step (filing the Declaration and sealed attachments) to complete the process. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 9 SEALED CIVIL DOCUMENTS 2015 STEP 2 Use this event to file a declaration required by either L.R. 79-5.2.2(a)(i) or L.R. 79-5.2.2(b)(i). Civil > Under Seal Filings > Under Seal Filing Events > Sealed Declaration in Support 1. Click “Civil” on the blue menu bar at the top of the screen to return to the Civil Events Screen. Under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. If needed, enter the case number in the “Civil Case Number” field, and click “Find This Case.” (If you continue to this step directly after completing Step 1, the case number should be pre-populated.) 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 10 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Declaration in Support” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Declaration from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” Click “Next” again on the following screen. 6. The next screen is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Declaration in Support again. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 11 SEALED CIVIL DOCUMENTS 2015 7. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload box will appear. Navigate to where you have saved your Declaration in Support of Application for Leave to File Under Seal, select the file, and click “Open.” 8. Under “Attachments,” click the “Browse” button, and a file upload screen will appear. Navigate to where your “Unredacted Document” is saved, and select “Open.” In the corresponding “Category” field, select “Unredacted Document” from the drop down list. Repeat if attaching multiple unredacted documents. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 12 SEALED CIVIL DOCUMENTS 2015 9. Note the message indicating that you will be required to link your Declaration to the Application for Leave to File Under Seal to which it relates. Click “Next.” 10. Select the correct Application for Leave to File Under Seal from the list presented, and click “Next.” 11. Review the REMINDER message regarding service on the next screen. Click “Next.” 12. Note the warning message on the following screen, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 13 SEALED CIVIL DOCUMENTS 2015 13. The final docket text will be displayed on the next screen. Click “Next.” 14. The next screen will again display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. 15. The Notice of Electronic Filing will now be displayed. The docketing sequence for both steps of this two-step process has been completed. 16. Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it, the sealed declaration, and the unredacted document on opposing counsel. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 14 SEALED CIVIL DOCUMENTS 2015 SEALED DOCUMENT: SCREEN‐BY‐SCREEN INSTRUCTIONS Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process. Civil > Under Seal Filings > Under Seal Filing Events > Sealed Document 1. From the Civil Events Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 15 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Document” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Sealed Document from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” 6. The next screen will present a question. Answer it, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 16 SEALED CIVIL DOCUMENTS 2015 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order. 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Document again. 9. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload screen will appear. Navigate to where your Sealed Document is saved and select the file, then click “Open.” 10. If you have additional documents to attach, under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 17 SEALED CIVIL DOCUMENTS 2015 11. The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal. First, however, you will be presented with the option to link this Sealed Document to another document previously filed in the case. For instance, if the Sealed Document being filed is an exhibit to a summary judgment motion, check the box indicating that the document should be linked to another document in the case. If the Sealed Document does not need to be linked to another document, leave the box unchecked, and click “Next” to bypass the linking screen. 12. If you checked the box and clicked “Next,” a linking screen will appear. Check the box next to the document to which you want to link the Sealed Document, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 18 SEALED CIVIL DOCUMENTS 2015 13. You must next link your Sealed Document to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.” 14. Review the REMINDER message regarding service on the next screen. Click “Next.” 15. Note the warning message on the following screen, and click “Next.” 16. On the next screen, enter the document caption in the free text field. Remember that this text will be publicly visible, so do not include confidential information here. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 19 SEALED CIVIL DOCUMENTS 2015 17. The next screen will display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. 18. Next, the Notice of Electronic Filing will be displayed. The docketing sequence has been completed. 19. Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 20 SEALED CIVIL DOCUMENTS 2015 Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel. EXAMPLE OF COMPLETED DOCKET ENTRY Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 21 SEALED CIVIL DOCUMENTS 2015 SEALED MOTION (GENERIC SEALED MOTION‐TYPE EVENT): SCREEN‐BY‐SCREEN INSTRUCTIONS Please note that this event can only be used to e-file a motion under seal if you have already obtained a court order granting leave to file that motion under seal. If you have not obtained such an order, you will not be able to complete the e-filing process. Civil > Under Seal Filings > Under Seal Filing Events > Sealed Motion (Generic sealed motion type event) 1. From the Civil Events Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 22 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Motion (Generic sealed motion type event)” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Sealed Motion from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” Click “Next” again on the following screen. 6. The next screen will present a question. Answer it, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 23 SEALED CIVIL DOCUMENTS 2015 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order. 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Motion again. 9. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload screen will appear. Navigate to where your Sealed Motion is saved and select the file, then click “Open.” 10. If you have additional documents to attach, under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 24 SEALED CIVIL DOCUMENTS 2015 11. The Sealed Motion you are filing must be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.” 12. Select the appropriate type for your moving document, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 25 SEALED CIVIL DOCUMENTS 2015 13. Enter the filing party’s role in the “Party Role” field, and click “Next.” 14. Enter the hearing information for the judge before whom the motion is noticed. 15. Review the REMINDER message regarding service on the next screen. Click “Next.” 16. Note the warning message on the following screen, and click “Next.” 17. On the next screen, enter the document caption in the second free text field. Remember that this text will be publicly visible, so do not include confidential information here. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 26 SEALED CIVIL DOCUMENTS 2015 18. The next screen will display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. 19. Next, the Notice of Electronic Filing will be displayed. The docketing sequence has been completed. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 27 SEALED CIVIL DOCUMENTS 2015 20. Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel. EXAMPLE OF COMPLETED DOCKET ENTRY Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 28 SEALED CIVIL DOCUMENTS 2015 SEALED OPPOSITION: SCREEN‐BY‐SCREEN INSTRUCTIONS Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process. Civil > Under Seal Filings > Under Seal Filing Events > Sealed Opposition 1. From the Civil Event Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 29 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Opposition” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Sealed Opposition from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” 6. The next screen will present a question. Answer it, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 30 SEALED CIVIL DOCUMENTS 2015 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order. 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. The next screen is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Opposition again. 9. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload screen will appear. Navigate to where your Sealed Opposition is saved and select the file, then click “Open.” 10. If you have additional documents to attach, under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 31 SEALED CIVIL DOCUMENTS 2015 11. As noted in the message on the next screen, you will need to link this Sealed Opposition to the motion or motions to which it relates. Click “Next.” 12. Link the Sealed Opposition to the correct motion, and click “Next.” 13. The Sealed Opposition you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 32 SEALED CIVIL DOCUMENTS 2015 14. Review the REMINDER message regarding service on the next screen. Click “Next.” 15. The final docket text will appear on the next screen. Click “Next.” 16. The next screen will again display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 33 SEALED CIVIL DOCUMENTS 2015 17. Next, the Notice of Electronic Filing will be displayed. The docketing sequence has been completed. 18. Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 34 SEALED CIVIL DOCUMENTS 2015 SEALED REPLY: SCREEN‐BY‐SCREEN INSTRUCTIONS Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process. Civil > Under Seal Filings > Under Seal Filing Events > Sealed Reply 1. From the Civil Events Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 35 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Reply” event from the list presented, and click “Next.” 5. Select the party filing the Sealed Reply from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” 6. The next screen will present a question. Answer it, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 36 SEALED CIVIL DOCUMENTS 2015 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order. 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Reply again. 9. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload screen will appear. Navigate to where your Sealed Reply is saved and select the file, then click “Open.” 10. If you have additional documents to attach, under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 37 SEALED CIVIL DOCUMENTS 2015 11. As noted in the message on the next screen, you will need to link this Sealed Reply to the motion or motions to which it relates. Click “Next.” 12. Link the Sealed Reply to the correct motion, and click “Next.” 13. The Sealed Reply you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 38 SEALED CIVIL DOCUMENTS 2015 14. Review the REMINDER message regarding service on the next screen. Click “Next.” 15. The final docket text will appear on the next screen. Click “Next.” 16. The next screen will again display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 39 SEALED CIVIL DOCUMENTS 2015 17. Next, the Notice of Electronic Filing will be displayed. The docketing sequence has been completed. 18. Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 40 SEALED CIVIL DOCUMENTS 2015 APPLICATION FOR LEAVE FOR IN CAMERA REVIEW: SCREEN‐BY‐SCREEN INSTRUCTIONS Remember that this event is NOT restricted. Your Application for Leave for In Camera Review will be publicly visible, so do not include confidential information, and do not attach the documents you wish the Court to review in camera. If your Application is granted, you will be responsible for delivering copies of the documents directly to the judge’s chambers, in accordance with the judge’s procedures. Civil > Under Seal Filings > Under Seal Filing Events > Leave For In Camera Review 1. From the Civil Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 41 SEALED CIVIL DOCUMENTS 2015 3. Ensure you are selecting the correct case in which to file your documents, and click “Next.” 4. Select the “Leave for In Camera Review” event from the list presented, and click “Next.” 5. Select the party filing the Application for Leave for In Camera Review from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 42 SEALED CIVIL DOCUMENTS 2015 6. You will upload your PDF documents on the next screen. Under “Main Document,” click the “Browse” button, and a file upload box will appear. Navigate to your “Application for Leave for In Camera Review” and select the file, then click “Open.” 7. If you have any additional documents to attach, click the “Browse” button under “Attachments,” and a file upload screen will appear. Individually navigate to the documents you want to attach, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” 8. Select “Application” for your moving document, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 43 SEALED CIVIL DOCUMENTS 2015 9. Review the REMINDER message on the next screen. If you are amending an existing Application for Leave for In Camera Review, please use the “Amendment (Motion related)” event located under “Responses, Replies and Other Motion Related Documents” on the main Civil Events page. If you use the “Leave for In Camera Review” event to file an amended version of an Application already on file, the system will create an unnecessary duplicate motion on the Judge’s calendar. Enter the filing party’s role in the “Party Role” field, and click “Next.” 10. Please note the warning message on the next screen: NO HEARING is required for this application, so DO NOT set a hearing date. Click “Next.” 11. As no hearing is required, leave the “Date” and “Time” fields blank, and click “Next” to bypass this screen. 12. Note the warning message on the following screen. The “Leave for In Camera Review” event is a public entry and is NOT RESTRICTED. Click “Next” once on this screen, and again on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 44 SEALED CIVIL DOCUMENTS 2015 13. The next screen will display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button at that point will create an error. 14. The Notice of Electronic Filing will now be displayed. The docketing sequence has been completed. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 45

=== Order Setting Scheduling Conference with Worksheet UPDATED 09-24-2024 ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA PLAINTIFF’S NAME, Case No.: Plaintiff/s, v. ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE DEFENDANT’S NAME, Defendant/s. Date: Time: Courtroom: 10D PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Fred W. Slaughter. This matter is set for a Scheduling Conference on the above date in Courtroom 10D of the Ronald Reagan Federal Building and United States Courthouse, 411 West 4th Street, Santa Ana, California 92701. If Plaintiff has not already served the operative complaint on all Defendants, Plaintiff shall do so promptly and shall file proofs of service within three 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) days thereafter. See Fed. R. Civ. P. 4; L.R. 4. Defendants shall also timely file and serve their responsive pleadings and file proofs of service within three (3) days thereafter, in compliance with the requirements of Local Rule 5-3.2. At the Scheduling Conference, the court will dismiss all remaining fictitiously named Defendants. The court will also set a date by which motions to amend the pleadings or add parties must be heard. The Scheduling Conference will be held pursuant to Federal Rule of Civil Procedure 16(b). The parties are reminded of their obligations under Federal Rule of Civil Procedure 26(f) to confer on a discovery plan no later than twenty-one (21) days before the Scheduling Conference. The court encourages counsel to agree to begin to conduct discovery actively before the Scheduling Conference. At the very least, the parties shall comply fully with the letter and spirit of Federal Rule of Civil Procedure 26(a) and thereby obtain and produce most of what would be produced in the early stages of discovery, because at the Scheduling Conference the court will impose strict deadlines to complete discovery. This court does not exempt parties appearing pro se from compliance with any of the Federal Rules of Civil Procedure or the Central District of California’s Local Rules, including Local Rule 16. See L. R. 1-3, 83-2.2.3. “Counsel,” as used in this Order, includes parties appearing pro se. I. Joint Rule 26(f) Report The Joint Rule 26(f) Report must be filed no later than seven (7) days after the parties meet and confer and fourteen (14) days before the Scheduling Conference. The court discourages the submission of courtesy chambers copies of Joint Rule 26(f) Reports that have been electronically filed. The Joint Rule 26(f) Report shall be drafted by Plaintiff’s counsel or, if the parties otherwise agree, by Defendant’s counsel. If the Plaintiff is appearing pro se, the Joint Rule 26(f) Report shall be drafted by Defendant’s counsel unless Plaintiff prefers to do so. In all circumstances, the Joint Rule 26(f) Report must be signed 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 jointly. “Jointly” means a single report, regardless of how many separately represented parties are involved in the case. The Joint Rule 26(f) Report shall specify the date of the Scheduling Conference on the caption page. The Joint Rule 26(f) Report shall address the matters set forth in Federal Rule of Civil Procedure 26(f) and Local Rule 26, some of which are enumerated below, and shall also contain the following: a. Statement of the Case: A short statement by each party, not to exceed two (2) pages, setting forth that party’s factual summary of the case, including the basis for any claims, counterclaims, or defenses. b. Subject Matter Jurisdiction: A statement of the specific basis for federal jurisdiction, including supplemental jurisdiction. If there is a federal question, cite the federal law under which the question arises. c. Legal Issues: A brief description of the key legal issues, including any unusual substantive, procedural, or evidentiary issues. d. Damages: The realistic range of provable damages. e. Parties and Evidence: A list of parties, percipient witnesses, and key documents with respect to the main issues in the case. For conflict purposes, corporate parties must identify all subsidiaries, parents, and affiliates. The parties should discuss the likelihood of appearance of additional parties, if any. f. Insurance: Whether there is insurance coverage, the extent of coverage, and whether there is a reservation of rights. g. Manual for Complex Litigation: Whether all or part of the procedures of the Manual for Complex Litigation should be utilized. h. Motions: A statement of the likelihood of motions seeking to add other parties or claims, file amended pleadings, transfer venue, or challenge the court’s jurisdiction. 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 i. Dispositive Motions: A description of the issues or claims any party believes may be determined by a motion to dismiss or motion for summary judgment. Please refer to the court’s Standing Order for specific guidelines governing summary judgment motions. j. Status of Discovery: A discussion of the present state of discovery, including a summary of completed discovery, and any current or anticipated disputes. k. Discovery Plan: A detailed discovery plan, as contemplated by Federal Rule of Civil Procedure 26(f). State what, if any, changes in the disclosures under Federal Rule of Civil Procedure 26(a) should be made, the subjects on which discovery may be needed, whether discovery should be conducted in phases or otherwise be limited, whether applicable limitations should be changed or other limitations imposed, and whether the court should enter other orders. A statement that discovery will be conducted as to all claims and defenses or other vague description is not acceptable. l. Discovery Cut-off: A proposed discovery cut-off date. This means the final day for completion of discovery, including resolution of all discovery motions. m. Expert Discovery: Proposed dates for initial and rebuttal expert witness disclosures and expert discovery cut-off under Federal Rule of Civil Procedure 26(a)(2). n. Settlement Conference and Alternative Dispute Resolution (“ADR”): A statement of what settlement negotiations have occurred, excluding any statement of the terms discussed. If a Notice to Parties of Court- Directed ADR Program (form ADR-08) was filed in this case, the court will refer it to the Magistrate Judge, the Court Mediation Panel, or private mediation at the parties’ expense. The parties should indicate their 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 preference in their Joint Rule 26(f) Report. No case will proceed to trial unless all parties, including an officer with full settlement authority for corporate parties, have appeared personally at an ADR proceeding. o. Trial Estimate: A realistic estimate, in days, of the court time required for trial and whether trial will be by jury or by the court. Each side should specify the number, and not the names, of witnesses it contemplates calling. If the time estimate for trial given in the Joint Rule 26(f) Report exceeds four (4) court days, counsel must be prepared to discuss in detail the basis for the estimate. p. Trial Counsel: The name(s) of counsel who will try the case. q. Magistrate Judge: Whether the parties agree to try the case before a Magistrate Judge. Pursuant to 28 U.S.C. § 636 and General Order 05-07 (also referred to as General Order 194), the parties may consent to have a Magistrate Judge preside over all proceedings, including jury trials.1 The parties may choose any Magistrate Judge identified on the Central District’s website. The consent form may also be found on the Central District’s website.2 r. Independent Expert or Master: Whether the court should consider appointing a master pursuant to Federal Rule of Civil Procedure 53 or an independent scientific expert at the parties’ expense. The appointment of a master may be especially appropriate in cases where the parties anticipate substantial discovery disputes, numerous claims to be construed in connection with a motion for summary judgment, a lengthy Daubert hearing, or resolution of a difficult computation of damages. 1 A list of magistrate judges in the Central District of California can be found at https://www.cacd.uscourts.gov/judgesschedules-procedures. 2 The Statement of Consent to Proceed Before a United States Magistrate Judge (CV-11D) can be found at https://www.cacd.uscourts.gov/sites/default/files/forms/CV-011D/CV-11D.pdf. 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 s. Schedule Worksheet: The parties must make every effort to agree on all pretrial and trial dates. The parties must submit a completed copy of the attached Schedule of Pretrial and Trial Dates Worksheet (“Worksheet”) with their Joint Rule 26(f) Report. The entries in the “Time Computation” column reflect what the court believes is appropriate for most cases and will allow the court to rule on potentially dispositive motions sufficiently in advance of the Final Pretrial Conference. However, the parties may propose earlier dates by which the key requirements must be completed. Each date should be stated as month, day, and year (e.g., 2/10/2022). Hearings shall be held on Thursdays starting at 10:00 a.m. Other deadlines not involving the court may be scheduled any day of the week. The parties must avoid holidays. The court may order different dates than those required. The discovery cut- off date is the last day by which all depositions must be completed, responses to previously served written discovery requests must be provided, and motions concerning discovery disputes must be heard, not filed. In other words, any motion challenging the adequacy of discovery responses must be filed timely, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date, if the motion is granted. If the parties wish the court to set dates in addition to those on the Worksheet, they may so request by a separate stipulation and proposed order. Additional hearings are often appropriate for class actions, patent cases, and cases for benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”). t. Class Actions: If the action is a putative class action, the parties are to provide a proposed briefing schedule for the motion for class certification. The schedule must provide for at least twenty-one (21) days between the filing of the reply and the hearing and should include 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 discovery cut-off date in advance of the date on which the motion must be filed. The court expects the parties to act diligently and begin discovery immediately, because the motion must be filed no later than one-hundred-twenty (120) days from the date originally set for the Scheduling Conference, unless the court orders otherwise. In other words, a continuance of the date for the Scheduling Conference will not extend the time to file the motion for class certification. u. Other Issues: A statement of any other issues affecting the status or management of the case, such as unusually complicated technical or technological issues, disputes over protective orders, extraordinarily voluminous document production, witnesses who will need the assistance of a court interpreter, reasonable ADA accommodations, discovery in foreign jurisdictions, the applicability of foreign law, the advanced age or health of parties or key witnesses, and any proposals concerning severance, bifurcation, or other ordering of proof. The Joint Rule 26(f) Report should set forth the above-described information under section headings corresponding to those in this Order. II. Scheduling Conference a. Continuance: A request to continue the Scheduling Conference will be granted only for good cause. The parties should refer to the court’s Standing Order for additional guidance regarding requests for continuance. b. Vacating Scheduling Conference: The court may vacate the Scheduling Conference and issue the Scheduling Order based solely on the parties’ Joint Rule 26(f) Report pursuant to Federal Rule of Civil Procedure 16(b). 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 c. Participation: If the court elects to conduct a Scheduling Conference, lead trial counsel must attend unless excused by the court for good cause before the conference is scheduled to begin. d. Failure to Submit a Joint Rule 26(f) Report: The failure to submit a Joint Rule 26(f) Report in advance of the Scheduling Conference or the failure to attend the Scheduling Conference may result in dismissal of the action, striking of the answer and entry of default, and/or imposition of sanctions. III. Notice to Be Provided by Counsel Plaintiff’s counsel or, if Plaintiff is appearing pro se, Defendant’s counsel, shall provide this Order to any parties who first appear after the date of this Order and to parties who are known to exist but have not yet entered appearances. IV. Disclosures to Clients Counsel are ordered to deliver to their clients a copy of this Order. V. Court’s Website This and all other generally applicable orders of this court are available on the Central District of California’s website3 and on Judge Slaughter’s webpage.4 The Local Rules are also available on the Central District of California’s website.5 The court thanks the parties and their counsel for their anticipated cooperation. IT IS SO ORDERED. _________________________________ Dated: ___________ HONORABLE FRED W. SLAUGHTER UNITED STATES DISTRICT JUDGE 3 The website for the Central District of California can be found at http://www.cacd.uscourts.gov. 4 Judge Slaughter’s webpage can be found at https://www.cacd.uscourts.gov/honorable-fred-w- slaughter. 5 Copies of the Local Rules are available at https://www.cacd.uscourts.gov/court-procedures/local- rules. 8 JUDGE FRED W. SLAUGHTER SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET Please complete this worksheet jointly and file it with your Joint Rule 26(f) Report. The parties must make every effort to agree on dates or the court will set them. Case No. Case Name: Trial and Final Pretrial Conference Dates Pl(s)’ Date mm/dd/yyyy Def(s)’ Date mm/dd/yyyy Court Order mm/dd/yyyy Check one: [ ] Jury Trial or [ ] Bench Trial [Tuesday at 8:00 a.m., within 18 months after Complaint filed] Estimated Duration: _______ Days Final Pretrial Conference (“FPTC”) [L.R. 16], Hearing on Motions in Limine [Thursday at 8:30 a.m., at least 19 days before trial] [ ] Jury Trial [ ] Bench Trial _______ Days Event1 Note: Hearings shall be on Thursdays at 10:00 a.m. Other dates can be any day of the week. Weeks Before FPTC Pl(s)’ Date mm/dd/yyyy Def(s)’ Date mm/dd/yyyy Court Order mm/dd/yyyy Last Date to Hear Motion to Amend Pleadings /Add Parties [Thursday] Non-Expert Discovery Cut-Off (no later than deadline for filing dispositive motions) Expert Disclosure (Initial) Expert Disclosure (Rebuttal) Expert Discovery Cut-Off Last Date to Hear Motions [Thursday] • Motion for Summary Judgment due at least 6 weeks before hearing • All other motions due at least 4 weeks before hearing • Opposition due 2 weeks after Motion is filed • Reply due 1 week after Opposition is filed Deadline to Complete Settlement Conference [L.R. 16-15] Select one: [ ] 1. Magistrate Judge [ ] 2. Court’s Mediation Panel [ ] 3. Private Mediation Trial Filings (first round) • Motions in Limine with Proposed Orders • Memoranda of Contentions of Fact and Law [L.R. 16-4] • Witness Lists [L.R. 16-5] • Joint Exhibit List [L.R. 16-6.1] • Joint Status Report Regarding Settlement • Proposed Findings of Fact and Conclusions of Law [L.R. 52] (bench trial only) • Declarations containing Direct Testimony, if ordered (bench trial only) Trial Filings (second round) • Oppositions to Motions in Limine • Joint Proposed Final Pretrial Conference Order [L.R. 16-7] • Joint/Agreed Proposed Jury Instructions (jury trial only) • Disputed Proposed Jury Instructions (jury trial only) • Joint Proposed Verdict Forms (jury trial only) • Joint Proposed Statement of the Case (jury trial only) • Proposed Additional Voir Dire Questions, if any (jury trial only) • Evidentiary Objections to Declarations of Direct Testimony (bench trial only) 26 24 22 202 12 10 3 2 [ ] 1. Magistrate [ ] 2. Panel [ ] 3. Private 1 The parties may seek dates for additional events by filing a separate Stipulation and Proposed Order. Class actions, patent, and ERISA cases may need to vary from the above. 2 The parties may wish to consider cutting off expert discovery prior to the deadline for filing a motion for summary judgment. 9

=== Procedures for Filing Under Seal Documents in Criminal Cases UPDATED MAR 2023 ===

INSTRUCTIONS TO ATTORNEYS PROCEDURES FOR FILING UNDER SEAL DOCUMENTS IN CRIMINAL CASES REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND ORDER Electronically file the application to seal and/or declaration giving notice or proof of service. During the electronic filing process, attach the proposed order to the application (standard procedure for filing any application with a proposed order). Proposed orders shall have an alternative signature line in case the application to seal is denied. After electronically filing the application and proof of service, send an email to the chambers generic email at [email protected], containing an Adobe PDF version of the application to seal, declaration giving notice or a proof of service, Word- d an processing version of the proposed order (with the propo Adobe PDF of the document(s) to be filed under seal with a caption page clearly marked “UNDER SEAL.” The subject line of the email should have the case number, plus the words “UNDER SEAL REQUEST.” sed denied instructions) an No chambers copies are necessary. Non-paper exhibits shall be delivered to the intake section of the Clerk’s Office in the Ronald Reagan Federal Building and United States Courthouse in Santa Ana. CDs are not accepted; only USB or flash drives are accepted. REQUEST TO SEAL THE APPLICATION, ORDER, AND DOCUMENT(S) Electronically file a NOTICE OF MANUAL FILING ind seal, declaration giving notice or a proof of service, proposed order sealing, and under seal documents have been submitted to the court. icating that an application to Send an email to the chambers email at [email protected], containing an Adobe PDF version of the application to seal, declaration giving notice or a p roof of service, Word-processing version of the proposed denied instructions as stated above), and an Adobe PDF of the document(s) to be filed under seal with a caption page, clearly marked “UNDER SEAL.” The subject line of the email should have the case number, plus the words “UNDER SEAL REQUEST.” the proposed order (with No chambers copies are necessary. Non-paper exhibits shall be delivered to the intake section of the Clerk’s Office in the Ronald Reagan Federal Building and United States Courthouse in Santa Ana. CDs are not accepted; only USB or flash drives are accepted. 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. An application to file documents under seal must meet the requirements of Local Rule 79-5. Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file both versions of the documents: complete versions of the pleadings and documents under seal; and a redacted version for public viewing, omitting only such portions as the court has ordered may be filed under seal. ***The parties ARE ORDERED to place in brackets and highlight the portion(s) of the document text and/or exhibits that have been redacted on the un-redacted copies (sent via email and the chambers’ copy).*** Sealing must be justified for each individual item to be sealed or redacted; blanket claims of confidentiality are not allowed and will result in a denial of the application to seal. Counsel is strongly encouraged to co nsider carefully whether sealing or redaction is required for a given piece of evidence or argument. The inclusion of clearly meritless requests to seal or redact documents may result in the complete rejection of an application to seal. IMPORTANT NOTICE FOR ANYONE FILING DOCUMENTS UNDER SEAL IN A CRIMINAL CASE: Please pay attention to the TITLE in the caption of every document you submit to the Court for filing under seal. The title of your document will become part of the PUBLIC docket text when that document is entered on the docket, even though the document itself is sealed. If the title of your document contains confidential information that should not be reflected on the public docket, you should submit your document with a COVER SHEET that uses a generic title like “SEALED APPLICATION,” “SEALED MOTION,” “SEALED PROPOSED ORDER,” OR “SEALED DOCUMENT” rather than the actual title of your document. Docket entries for documents filed under seal in criminal cases, if submitted with such a cover sheet, will include only the generic title.