Hon. Stanley Blumenfeld Jr. · U.S. District Court for the Central District of California
=== Civil Standing Order (1.6.26).pdf ===
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA , v. , Plaintiff(s), Defendants(s). Case No. STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE STANLEY BLUMENFELD, JR. [Updated 1/6/26] READ THIS ORDER CAREFULLY BECAUSE IT CONTROLS THIS CASE AND DIFFERS IN PART FROM THE LOCAL RULES. FAILURE TO COMPLY MAY RESULT IN SANCTIONS. Counsel for the plaintiff must immediately serve this order on all parties, including any new parties to the action. If this case was removed from state court, the defendant that removed the case must serve this order on all other parties. A hyperlinked table of contents appears below. 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 TABLE OF CONTENTS 1. Counsel 9. Ex Parte Applications 2. Communications with Chambers 10. Continuances 3. Pleadings 4. Discovery 11. Class Actions 12. ERISA Cases (Benefit Claims) 5. Filing Requirements 13. Bankruptcy Appeals 6. General Motion Requirements 14. Consent to Magistrate Judge 7. Specific Motion Requirements 15. Sanctions for Failing to Comply 8. Hearings 1. COUNSEL a. Civility. All counsel must immediately review and comply with the Court’s Civility and Professionalism Guidelines, available at www.cacd.uscourts.gov/attorneys/admissions/civility-and- professionalism-guidelines. Failure to do so may result in sanctions. b. Presence of Lead Counsel. Only one attorney for a party may be designated as lead counsel—and the designation must appear on the docket if a party has more than one attorney. Lead counsel must attend all proceedings other than motion hearings. For motion hearings, lead counsel is encouraged to permit junior lawyers to participate. Only one counsel may be designated to argue a motion absent Court approval. c. Self-Represented Parties (a/k/a “Pro Se” Litigants). Parties representing themselves (pro se litigants) are required to comply with all Local Rules, including Local Rule 16 (“Pretrial Conferences; Scheduling; Management”). In this order, the term “counsel” includes pro se litigants. Only individuals may represent themselves and only in their 2 individual capacities. A corporation or other entity must be represented by counsel, and if counsel seeks to withdraw, counsel must advise the entity of the dire consequences of failing to obtain substitute counsel before seeking withdrawal—i.e., a plaintiff entity’s case will be dismissed or a defendant entity will default. See Local Rule 83-2.3.4. d. Duty to Notify of Settlement. Counsel must advise the Court immediately if (1) the case or any pending matter has been resolved or (2) a motion is pending and the parties are engaged in serious negotiations that appear likely to resolve the case or the pending motion (as discussed in more detail in § 8(f), infra). Failure to provide timely notice of settlement may result in sanctions. The filing of a settlement notice does not excuse counsel from appearing at any scheduled hearing or conference that has not been vacated. e. No “Notices of Unavailability.” A “Notice of Unavailability” has no legal effect and should not be filed. d. Substitution or Withdrawal of Counsel. Any attorney seeking to substitute in as counsel must certify that the substitution will not delay the prosecution of the case. See L.R. 83-2.3.5. If unable to so certify, counsel must file a motion or stipulation showing good cause for the delay and that substitution serves the interests of justice. Counsel remains responsible for representation until the Court approves the withdrawal or substitution. 2. COMMUNICATIONS WITH CHAMBERS Counsel shall not contact the courtroom deputy clerk (CRD) to inquire about (1) the status of a pending matter or (2) court procedure addressed in the Local Rules and the Court’s standing orders. Any appropriate inquiry directed to the CRD must be by email only, copied to all parties. Email requests for relief that should be filed on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the docket—e.g., a request for a remote appearance or continuance—will generally be ignored and will not excuse noncompliance with any applicable rule or order. 3. PLEADINGS a. Service of the Summons and Complaint. The plaintiff(s) shall promptly obtain the summons and serve the summons and complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Fed. R. Civ. P. 4(l). Any defendant, including any “Doe” or fictitiously named defendant, not served within 90 days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m). b. Removed Actions. Any answer filed in state court must be refiled in this Court as a supplement to the Notice of Removal. Any motion pending in state court at the time of removal must be re-noticed in accordance with Local Rule 7. If a removed action includes a “form pleading” (i.e., a check-the-box pleading), the party that filed the form pleading must file a pleading in this court that complies with the federal rules within 30 days of the filing of the removal notice. See Fed. R. Civ. P. 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 Rule 15(a)(2). c. Status of Fictitiously Named Defendants. i. The plaintiff should identify and serve any fictitiously named defendants before the date of the mandatory scheduling conference (MSC) held pursuant to Fed. R. Civ. P. 16(b). ii. All Doe defendants remaining 60 days after the MSC (or on the date set forth in the scheduling order, if applicable) are dismissed by operation of this Order without further notice unless the plaintiff requests and justifies the need for additional time in the joint report for the MSC and the Court grants an extension. 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 iii. Before moving to substitute a defendant for a Doe defendant, the plaintiff must seek the consent of counsel for all defendants, including counsel for a represented Doe defendant. If denied consent, the plaintiff must file a regularly noticed motion. In diversity cases, the plaintiff’s motion must address whether the addition of the newly named party destroys diversity jurisdiction. See 28 U.S.C. § 1447(c), (e). 4. DISCOVERY a. Magistrate Judge Referral. All discovery matters are referred to the assigned magistrate judge. All discovery documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing. Do not deliver chambers copies of these documents to Judge Blumenfeld. The decision of the magistrate judge shall be final, subject to limited review requiring a showing that the decision is clearly erroneous or contrary to law. Any party may file and serve a motion for review within 14 days of either (i) service of a written ruling or (ii) an oral ruling that expressly will not be followed by a written ruling. The motion must specify which portions of the ruling are clearly erroneous or contrary to law, supported by points and authorities. Counsel shall deliver a conformed copy of the moving papers and responses to the magistrate judge’s clerk at the time of filing. b. Discovery Protective Orders. Proposed protective orders for discovery must be submitted to the assigned magistrate judge. Such orders should not purport to allow, without further order of Judge Blumenfeld, the filing under seal of pleadings or documents filed in connection with a dispositive motion, a class certification motion, or trial before Judge Blumenfeld. The existence of a protective order does not alone justify the filing of pleadings or other documents under seal, in whole or in part. 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 c. Prompt Commencement of Discovery. The Court encourages the parties to begin discovery early and expects written discovery to be served promptly after the parties have conferred as required under Fed. R. Civ. P. 26(f). A protective order, when necessary, shall be agreed upon within one week of the Rule 26(f) conference. d. Juvenile Records. In cases that will require access to juvenile records, the parties shall identify the necessary records and file all requests for such records with the appropriate state court by no later than the MSC. If the parties fail to do so, the Court is unlikely to grant a continuance based on delay in the process for obtaining juvenile records. 5. FILING REQUIREMENTS a. Text Searchability. All documents—including pleadings, motions, and exhibits—submitted to the Court must be text-searchable (i.e., “OCR’d”). b. Documents with Declarations, Exhibits, and Other Attachments. Except for filings in support of summary judgment motions (see MSJ Standing Order), if a filed document has declarations, exhibits, or other attachments, each attachment must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration, 29-2 Ex. 1 - License Agreement, 29-3 Request for Judicial Notice). The Court may decline to consider documents not filed in accordance with this order. c. Artificial Intelligence. Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer’s Rule 11 obligations. 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 d. Proposed Orders. Each party filing a motion or seeking the determination of any matter shall serve and lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. i. Templates. Use the “Proposed Order” or the “CMO Continuance Order” template—whichever is applicable—found on the “Orders and Additional Documents” tab on Judge Blumenfeld’s webpage. Failure to do so may result in the striking of the request. Proposed orders should not contain: (1) attorney names, addresses, etc. on the caption page; (2) a footer with the document name or other information; or (3) a watermark or designation of the firm name. Proposed orders should be formatted in the same fashion as motions. See § 6(c)(iv), infra. ii. Email. Consistent with Local Rule 5-4.4.2, the Court strictly requires that a Microsoft Word copy of a proposed order, along with a PDF copy of the electronically filed main document, be e- mailed to the chambers e-mail address. The Court will not consider a stipulation, ex parte application, or other request for relief until a compliant proposed order is received by email. A filing may be stricken for failure to timely comply. e. Chambers Copies. Chambers copies (paper copies that are sent to chambers upon electronic filing of the document) are required for the following documents only: (1) motion papers (motions, oppositions, replies, and related documents1), including motions in limine; (2) ex parte applications for temporary restraining orders; and (3) pretrial documents (memoranda of fact and law, witness and exhibit lists, pretrial conference 1 A motion to dismiss should include a copy of the challenged pleading. 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 statement, jury instructions, verdict forms, etc.). Chambers copies must comply with the rules below. i. Timeliness and location. Deliver chambers copies promptly to Judge Blumenfeld’s mailbox outside the Clerk’s Office on the fourth floor of the First Street Courthouse. Applicable documents will not be considered until chambers copies are submitted. ii. Format. Chambers copies should be copies of the filed document—i.e., they should have the docket information on the top of each page. Filings that include highlighting, color photographs, “redlining,” or the like should be printed in color. Short filings should be fastened by a staple or binder clip in the top left corner. Larger filings should be delivered in a three-ring binder. Binders must have both a cover sheet and a spine label that includes the case name, case number, and a description of the contents. iii. Exhibits. Separate all exhibits by a tab divider on the right or bottom of the document. If the evidence exceeds 50 pages, the chambers copy must: (1) include a table of contents; and (2) be in a tabbed three-ring binder with each exhibit separated by a tab divider on the right or the bottom. f. Notices of Deficiency. When a filing fails to comply with court rules, the Clerk’s Office may issue a notice of deficiency, which typically states that no action is required unless the Court directs otherwise. The parties should not treat the deficient filing as having been stricken unless the Court separately orders it stricken. A deficiency notice by itself does not relieve any party of its obligations with respect to a filing (e.g., timely filing an opposition or appearing at a noticed hearing). 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 6. GENERAL MOTION REQUIREMENTS a. “Meet and Confer” Requirement. Local Rule 7-3 requires counsel to conduct a prefiling conference at least seven days before a motion is filed2 “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution” and to include with each motion “a declaration . . . that sets forth at a minimum the date(s) the conference took place and the position of each party with respect to each disputed issue that will be the subject of the motion.” i. Scope. This requirement applies in all cases, including those with pro se litigants, and extends to all issues. If the parties are unable to fully resolve the dispute, they shall attempt to narrow the scope of the contested issues. Parties must meet and confer in person or by videoconference; email correspondence is insufficient. A motion not supported by the certification below may be stricken or summarily denied. ii. Certification. The moving party shall include a signed certification as part of the declaration required by Local Rule 7-3 as follows: “I certify that the parties met in person or by videoconference, thoroughly discussed each and every issue raised in the motion, and attempted in good faith to resolve the motion in whole or in part.” If a nonmoving party refuses to participate in good faith, the moving party shall explain the refusal in detail. iii. Sanctions. Failure by any party to comply in good faith with the meet-and-confer requirement shall result in an order to show cause 2 In the event that the Court sets an expedited deadline that does not allow the parties to meet at least seven days before the motion is filed, the parties shall meet and confer as soon as practicable; they are not excused from compliance with Local Rule 7-3. 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 re sanctions—including, as appropriate, striking or denying the motion, deeming the motion unopposed, and/or awarding monetary sanctions. b. Time for Filing and Hearing Motions. This Court hears civil motions on Fridays at 8:30 a.m. i. Holidays. If Friday is a court holiday, select another Friday. Opposition or reply papers due on a Friday holiday may be filed the following Monday. ii. Closed Dates. Hearing dates are closed at least four weeks in advance, and closed hearing dates are noted on Judge Blumenfeld’s webpage. A motion filed on a closed hearing date will be stricken or continued at the Court’s discretion. A party that waits too long and files a motion to be heard on a date that turns out to be unavailable risks having the motion stricken and not considered at all. iii. Non-Opposition. Failure to timely oppose a motion will likely result in the motion being granted after the opposition would have been due. See Local Rule 7-12 (failure to timely file “may be deemed consent to the granting . . . of the motion”). iv. Resolution. If the parties resolve the issue(s) presented in a motion, by settlement or otherwise, the Court must be notified immediately to avoid unnecessary judicial work. c. Length, Footnotes, and Format of Motion Papers i. Length. Unless otherwise expressly permitted, no supporting or opposing memorandum shall exceed 7,000 words (or 25 pages, double spaced, if handwritten), and no reply memorandum shall exceed 4,000 words (or 15 pages, double spaced, if handwritten)— excluding only indices and exhibits. Counsel shall certify 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 compliance with the word count pursuant to Local Rule 11-6.2. Good cause to extend these limitations will rarely be found. A memorandum that exceeds the allowable length may be stricken. ii. Footnotes. Use no more than eight footnotes in any supporting or opposing brief, and no more than five footnotes in any reply. Citations that support a statement in the main text should be included in the main text, not in footnotes. iv. Format. Use only 14-point Times New Roman font, including for footnotes. Footnotes shall be separated by 12-point spacing. v. Reply Briefs. The purpose of a reply brief is to respond succinctly to the arguments in the opposition. A reply brief should not repeat the background or legal standard contained in the motion and should not repeat arguments except to the extent necessary to respond to the opposition. d. Citations to Authority. Any argument or statement of law not supported by legal authority may be deemed waived or forfeited to the extent allowed by law. The parties should comply with Bluebook formatting and the citation requirements below. i. Pin Cites. Case citations must identify both the case cited and the specific page referenced. ii. String Cites. Parties should not use string cites without a good reason. When using string cites, a party should include a parenthetical explanation for each cited case. iii. Legal Databases. When citing to unpublished materials in legal databases, cite to Westlaw (not Lexis) whenever possible. However, parties that do not have access to Westlaw will not be penalized for citing to other sources. 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 iv. U.S. Statutes. Statutory references should identify with specificity the sections and subsections referenced. Citations should be to the relevant official statutory code (e.g., the U.S. Code) and should not merely reference the popular name of an act. v. Treatises, Manuals, and the Like. Citations to treatises, manuals, and other materials should include the volume, section, and relevant pages. Attach copies if these materials are not accessible on Westlaw, especially for historical materials (e.g., older legislative history). 7. SPECIFIC MOTION REQUIREMENTS a. Motions Pursuant to Rule 12. Most motions to dismiss or strike, especially motions raising alleged defects in a complaint, answer, or counterclaim that could be corrected by amendment, can be avoided if the parties confer in good faith as required by Local Rule 7-3. In general, the Court will provide leave to amend upon granting a motion to dismiss unless it is clear the complaint is not correctible. See Rosenberg Bros. & Co. v. Arnold, 283 F.2d 406, 406 (9th Cir. 1960) (requiring “extreme liberality” in favor of amendments). A good-faith meet-and-confer may avoid this costly and inefficient process. If the plaintiff, counterclaimant, or crossclaimant believes its pleading can be strengthened by adding facts that would help it survive a pleading challenge, the better course is to amend before the parties devote resources to briefing a motion. The Court expects the parties to thoroughly discuss any proposed amendments during their meet-and-confer and to agree to amendment if doing so will avoid the need for serial motions. Otherwise, if the Ninth Circuit’s “extreme liberality” standard applies to a meritoriously filed motion, the Court may summarily grant leave to amend. If the Court grants a motion to dismiss with leave to amend, the plaintiff must file an 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 amended complaint within seven days, unless otherwise specified. Failure to timely file an amended complaint will result in dismissal with prejudice. b. Motions to Amend Pleadings. A motion to amend the pleadings must describe and state the effect of the proposed amendment and be accompanied by a “redlined” version of the proposed amended pleading indicating all additions and deletions to the prior version of the pleading. Before the motion is filed, the redlined version 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. In addition to the requirements of the Local Rules, all amended pleadings must be serially numbered to differentiate each amendment (i.e., “First Amended Complaint,” “Second Amended Complaint” . . .). c. Motions for Summary Judgment. Please refer to Judge Blumenfeld’s Standing Order re Motions for Summary Judgment found on the Orders and Additional Documents tab on Judge Blumenfeld’s webpage at https://apps.cacd.uscourts.gov/Jps/honorable-stanley-blumenfeld-jr. d. PLRA Exhaustion Motions. The issue of exhaustion under the Prison Litigation Reform Act (PLRA) must be raised at the beginning of the litigation. Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014). A party seeking to obtain a judicial determination of any material fact dispute precluding summary judgment on exhaustion must file a request for a hearing within 14 days of the filing of the order denying summary judgment. The failure to file a timely request may be construed as a waiver or forfeiture of the exhaustion issue. e. Motions for Default Judgment. Unless the Court orders otherwise, motions for default judgment shall be filed within 14 days after the later 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 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 Attorney’s Fees. A motion for attorney’s fees must be supported by documentation of the billed hours for which the movant seeks to recover fees. The movant shall additionally provide by email to the CRD an Excel spreadsheet documenting the hours for which the movant seeks recovery, using the format in the following example: Date Name 3/2/23 John Smith 3/5/23 Jane Doe Partner Position Task Associate Researched choice Category Hours Rate Amount $300 $210.00 MTD 0.7 of law for motion to dismiss Spoke with client about medical history CC 0.2 $500 $100.00 3/5/23 Jerry Roe Paralegal Assembled case ADM 0.1 $150 $15.00 folder If the parties use abbreviations in the category column (as in the example provided), they shall include a legend identifying the meaning of each abbreviation. 14 g. Applications to Seal. If the Court has previously granted leave to seal a particular exhibit, the parties need not file a new application to file that exhibit under seal in connection with a new filing. The parties may simply file the exhibit under seal together with a statement that the Court has already permitted sealing of the exhibit, with a citation to the relevant order. h. Reports and Recommendations. Objections to a magistrate judge’s report and recommendation, as well as responses to objections, shall be limited to 10 pages absent leave of court. 8. MOTION HEARINGS a. Remote Appearances. Remote appearances are not permitted absent good cause shown in a declaration concurrently filed with the moving papers or the opposition. Absent a concurrent filing, a party requesting to appear remotely must submit a declaration establishing that the party is unable to appear in person due to an unanticipated and unavoidable emergency and that the request was made promptly upon learning of the emergency. Instructions for remote appearance can be found on Judge Blumenfeld’s webpage. Counsel appearing remotely are responsible for ensuring that their equipment and the internet connection in the location from which they will be participating are reliable and adequate for uninterrupted video participation. b. Submission without Argument. The Court may take a motion off calendar if it concludes the decision will not benefit from oral argument. c. Time. If oral argument is permitted, the parties will have a total of 20 minutes, divided equally between the sides, unless the Court states otherwise. If the Court believes that the matter warrants less or more time, it will advise counsel at the hearing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 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. Tentatives. The Court often issues written tentative rulings and makes them available on Judge Blumenfeld’s webpage the afternoon before the hearing by 6:00 p.m. The purpose of the tentative ruling is to focus the discussion at the hearing. No party shall file any written response to the tentative ruling without leave of court. A tentative ruling does not represent the final decision of the Court, and the parties are strictly prohibited from filing it as an exhibit or otherwise in any case. e. Oral Argument. If a tentative has issued, the parties should be prepared to explain why the analysis is correct or incorrect. The Court often tests its reasoning by asking questions and expects counsel to respond directly and candidly. f. Settlement. Counsel must notify the Court at least two weeks before the scheduled hearing if the parties are conducting settlement discussions that may render the motion moot and must notify the Court immediately if a settlement is reached. A belated settlement notice wastes scarce judicial resources and will subject the offending parties to sanctions— and it may also result in the release of the tentative ruling. g. Evidentiary Hearings. If the parties seek an evidentiary hearing on any matter, they shall (1) notify the Court at the time of filing that they intend to present evidence and (2) provide an estimate of the time required. No later than seven days before the hearing, the parties shall file joint witness and exhibit lists—including a list of challenged exhibits—that comply with the requirements in the Court’s Civil Pretrial and Trial Order. Failure to timely request an evidentiary hearing or to file the required materials will be deemed a waiver of any right to an evidentiary hearing. 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 9. EX PARTE APPLICATIONS A party seeking ex parte relief, including a temporary restraining order, must comply fully with Local Rule 7-19.3 a. Notice. The applicant must (1) notify the other party (or parties) that opposing papers are to be filed no later than 48 hours following service or by 3:00 p.m. on the first court day after the service, whichever is later, and (2) advise the Court in a declaration whether any party opposes the application. b. Submission. The application will not be considered until a chambers copy has been provided. Once the application is submitted for decision, the Court will rule on the papers unless it elects to set a hearing. Do not contact chambers about the status. c. No Tolling of Obligation. An application or stipulation does not serve to toll, or relieve a party of, an underlying obligation (e.g., a soon-to- expire deadline). Parties should not assume that an unopposed ex parte application or stipulation will be granted; and a last-minute application or stipulation that is denied may result in a party’s defaulting on the underlying obligation. 10. CONTINUANCES The Court grants continuances of pretrial and trial deadlines only on a timely showing of good cause. The Court applies the same standard of good cause to all extension requests—whether opposed, unopposed, or jointly requested. a. Good Cause. Good cause requires a specific, detailed, and non- conclusory showing of diligence from the outset of the case, describing: (1) all relevant work previously done (including when each item was completed), (2) all relevant work that remains to be done, (3) why the 3 A party seeks ex parte relief when proceeding without a noticed motion, even if the filing is improperly styled as a motion. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 remaining work could not previously have been done (including efforts made to complete each remaining item), and (4) why the amount of time requested is needed to complete the remaining work. b. Diligence. The Case Management Order (CMO) that the parties will receive following the MSC contains an attachment with information that must be submitted in table form to show diligence. Diligence generally will not be found when a party delays serving or pursuing written discovery, engages in strategic staging of discovery or other tasks, or opts for in-person depositions that prevent completion within the existing deadline. The parties should plan to complete discovery far enough in advance of the discovery deadline to allow for both the filing of a discovery motion if necessary and the completion of any court-ordered discovery. Moreover, a desire to engage in settlement discussions does not constitute good cause to extend existing deadlines. The parties are strongly encouraged to agree to exchange initial disclosures promptly and to actively commence discovery before the MSC. c. Proposed Order. The parties must complete and submit the CMO Extension Order Template found at the “Orders & Additional Documents” tab on Judge Blumenfeld’s webpage. Please follow the highlighted directions at the end of the document. File the proposed order and submit an electronic Word copy to Judge Blumenfeld’s chambers email. d. Denied with Prejudice. Denial of an extension request, including summary denial, is with prejudice. The parties should therefore present all available information showing that the outstanding discovery or other litigation tasks cannot be completed within the existing deadlines despite all reasonable diligence from the outset of the case. A party is not 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 permitted to resubmit a denied extension request with additional information that was previously available. * * * Failure to comply with the procedural requirements above—including the use and proper completion of the table in the MSC Order attachment and the CMO Extension template—may result in the extension request being stricken or summarily denied. An improper resubmission of a denied extension request may result in sanctions. 11. CLASS ACTIONS The parties in a putative class action are to act diligently and begin discovery immediately, so that the motion for class certification can be filed expeditiously. A motion for class certification must be filed no later than 120 days from the date initially set for the scheduling conference unless the Court orders otherwise. 12. ERISA CASES (BENEFIT CLAIMS) The parties may receive an MSC Order as a matter of course. Because the ordinary pretrial and trial schedule does not apply to ERISA cases that will be decided on the administrative record, the parties need only submit a joint status report identifying any special issues that should be considered, as described in § 3(d) of the MSC Order. The parties should proceed with the preparation of the administrative record and briefing without delay upon service of the complaint. If necessary, the Court will hear motions to determine the standard of review, whether discovery will be permitted, and the scope of the administrative record. Counsel are discouraged from filing motions for summary judgment or partial summary judgment for a merits determination. See Kearney v. Standard Insurance Co., 175 F.3d 1084, 1095 (9th Cir. 1999) (en banc) (noting the difference in procedures between Rule 56 and Rule 52). A court trial, ordinarily limited to oral argument on the administrative record, will be scheduled within six months from the filing of the original complaint, unless good cause for additional time is shown in the status report. If the Court concludes that the 19 decision would not benefit from oral argument, the matter may be submitted for decision on the papers. 13. BANKRUPTCY APPEALS Counsel must comply with the Notice Regarding Appeal from Bankruptcy Court issued at the time the appeal is filed in the district court. The matter is deemed under submission on the filing of the appellant’s reply brief. The Court considers bankruptcy appeals on the papers and usually does not set these matters for hearing. 14. CONSENT TO MAGISTRATE JUDGE The parties may consent to have a magistrate judge preside over the entire case, including trial. The parties may choose any magistrate judge on the Voluntary Consent List found on the Central District website. If the parties consent, they should contact the courtroom deputy of the selected magistrate judge to confirm his or her availability and, upon confirmation, promptly file a “Notice of Lodging of Consent” along with Form CV-11D (Statement of Consent to Proceed Before a United States Magistrate Judge, found at http://www.cacd.uscourts.gov/court-procedures/forms) attached thereto. If the magistrate judge to whom the parties have consented becomes unavailable after the case has been referred, the parties shall meet and confer in good faith to select another magistrate judge on the Voluntary Consent List to preside over the case. 15. SANCTIONS FOR FAILURE TO COMPLY If, without satisfactory explanation, counsel fail to file the required joint Rule 26(f) report or the required pretrial documents, fail to appear at any scheduled proceeding, or otherwise fail to comply with judicial orders or rules, the Court shall take any action it deems appropriate, including: (1) dismissal of the case for failure to prosecute, if the failure occurs on the part of the plaintiff; (2) striking the answer 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 20 resulting in default if such failure occurs on the part of the defendant; (3) imposing monetary sanctions against the offending party and counsel, and/or (4) where applicable, revoking the pro hac vice status of attorneys so admitted. Date: January 14, 2026 ___________________________ Stanley Blumenfeld, Jr. 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 21
=== Civil Pretrial and Trial Order (1.6.26).pdf ===
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No. Plaintiff(s), CIVIL PRETRIAL AND TRIAL ORDER [updated 1/6/26] Defendants(s). , v. , TABLE OF CONTENTS 1. Pretrial Conference 2. Trial: Conduct of Attorneys and Parties 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 1. PRETRIAL CONFERENCE a. The Conference. A final pretrial conference (PTC) date has been set pursuant to Fed. R. Civ. P. 16 and Local Rule 16-8. Each party must be represented at the PTC by its lead counsel. Counsel should be prepared to discuss streamlining the trial, including the following matters: i. Jury selection procedures; ii. Witnesses each party intends to call, including (1) the time anticipated for each witness (direct and cross), (2) any witness scheduling issues or special needs (e.g., interpreter); and (3) whether any deposition will be used in lieu of live testimony;1 iii. Evidentiary issues, including anticipated objections to exhibits, opening statements, or closing arguments; iv. Stipulations (which must be reduced to writing and included as an exhibit); v. Pretrial motions, including motions in limine, motions to bifurcate, and motions to sever; vi. Jury instructions, including any disputed jury instructions; and vii. Time limits. b. Pretrial Conference Documents. The PTC documents shall be filed according to the schedule immediately below (unless a specific case management order provides otherwise) and in compliance with the 1 Remote testimony is disfavored because technology limitations almost inevitably interrupt the presentation of the evidence and may affect witness evaluation. When remote testimony is allowed, the Court prefers the parties to conduct a videotaped deposition in lieu of live testimony. The parties are warned that if the Court permits either remote testimony or videotaped deposition testimony, the parties bear the risk that technological difficulties may foreclose their ability to present the evidence. 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 instructions in § 1(c) below. The parties also must file a PTC binder as set forth in § 1(b)(ii) below. i. Schedule. At least four weeks before the PTC, the parties must file: • Memoranda of contentions of fact and law; • • • Joint2 witness list; Joint exhibit list; Joint status report on settlement; • Requests for judicial notice; • Proposed findings of fact and conclusions of law (bench trial);3 and • Direct testimony declarations, if ordered (bench trial). At least two weeks before the PTC, the parties must file: • • • • • Proposed PTC order; Joint proposed jury instructions; Joint verdict forms; Joint statement of the case; Proposed voir dire questions, if any; • Challenged exhibits table; • Joint motions in limine; 2 A joint filing (e.g., joint witness list) does not simply mean combining each party’s individual filing into a single document. Parties must meet and confer to resolve disputes wherever possible and to avoid duplication or conflicting information in the joint filing. Any remaining disputes must be clearly noted in the joint filing. 3 Proposed findings and conclusions and witness declarations are required only in bench trials. The parties in a bench trial do not need to submit jury documents (i.e., voir dire questions, statement of the case, jury instructions, and verdict forms). 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 • Deposition designations as to which the parties have any dispute or objection;4 and • Evidentiary objections to declarations (court trial). ii. PTC Binder and Flashdrive. Two weeks before the PTC, the parties must deliver to Judge Blumenfeld’s mailbox outside the Clerk’s Office on the fourth floor of the First Street Courthouse a binder that contains a table of contents and hard copies of the following PTC documents, arranged in this order: (1) memoranda of contentions of fact and law; (2) proposed PTC order; (3) joint witness list; (4) joint exhibit list; (5) challenged exhibits; (6) joint jury instructions; (7) joint verdict forms; (8) joint statement of the case; (9) any voir dire questions; and (10) joint motions in limine. The hard copies should be three- hole punched on the left side, without staples, and separated by labeled dividers. In addition, the parties must provide a USB flashdrive, placed securely in an envelope in the pocket of the binder, containing (1) the PTC documents in Word format and (2) electronic copies of all trial exhibits. iii. No Further Filings. The parties shall work diligently to provide complete and final PTC documents that reflect a serious attempt to prepare for trial. The parties shall not file any amended or supplemental PTC documents or any other trial documents without leave of court. iv. Local Rule 16. Pursuant to L.R. 16-2, lead counsel for each party are required to meet and confer in person or by 4 Deposition designations as to which there are no disputes or objections may be provided on or before the first day of trial. Detailed instructions for deposition designations, whether disputed or not, are provided in § 2(f) below. 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 videoconference. The Court expects strict compliance with L.R. 16-2. The PTC documents must comply with L.R. 16, except as modified in § 1(c) below. The format of the proposed PTC order must conform to the format set forth in Appendix A to the Local Rules. Failure to comply may result in the continuance of the PTC and sanctions. c. Instructions on PTC Documents. i. Memoranda of Contentions of Law and Fact. Each party is limited to 20 pages for its memorandum of contentions of law and fact and should follow the Court’s general requirements for formatting motions set forth in the Court’s Civil Standing Order. Jointly represented parties must submit a single memorandum. ii. Joint Witness List. The parties must submit a joint witness list that includes a brief description (one or two paragraphs) of the testimony and a time estimate for both direct and cross- examination (separately stated), as follows: Plaintiff 1. John Smith He will testify ________. 50 min. (30 min. direct/20 min. cross) List the plaintiff’s witnesses first followed by the defendant’s witnesses. The failure to provide a specific description of the anticipated testimony may result in exclusion of evidence or reduced time allocated for the witness. The parties shall meet to prepare this joint witness list no later than two weeks before the first pretrial filing deadline, and continuing as necessary, and shall cooperate in reasonably identifying the time needed for direct examination and cross-examination on each subject. The 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 parties must provide realistic estimates that demonstrate a serious assessment of trial needs. A party that provides “conservative” estimates may be required to submit declarations or detailed offers of proof for each witness to allow for a more realistic assessment. In addition, the parties are to provide a “clean” version of the joint witness list to be read to the jury panel during voir dire. The clean version should contain only the names of potential witnesses listed in alphabetical order. Include dates of birth for common names. iii. Joint Exhibit List. The parties shall submit a joint exhibit list that conforms to the requirements of L.R. 16-6. Whole Exhibits. At trial, each exhibit must be introduced for admission as a whole (because the Court does not admit a portion of an exhibit). For example, if a party seeks to introduce a portion of a business record, the portion to be introduced must be presented as its own exhibit. This applies to all evidence, including photographs. If the parties did not organize their exhibits in that manner, they must meet and confer to address this issue and raise it at the PTC. Disputes. To the extent that the parties disagree about the admissibility of exhibits, they must meet and confer to determine if each challenged exhibit will be introduced and if the objection can be resolved by discussion of the merits of the objection or a stipulation of fact in lieu of the use of the exhibit. If the parties are unable to resolve the objections, they must separately provide 14 days before the PTC a joint document entitled “Challenged 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 Exhibits Table.” The Court expects counsel to act in good faith to narrow this list to a bare minimum. The challenged exhibits must be presented in table form below in exhibit number order with the first four columns completed by the parties (identifying the objecting and responding parties as noted below): Ex. No. Description Objection Response П: Δ: iv. Joint Jury Instructions. Agreement. The Court expects counsel to agree on almost all the jury instructions, particularly when pattern or model instructions provide a statement of applicable law. Model Instructions. When the Manual of Model Jury Instructions for the Ninth Circuit provides an applicable jury instruction, submit the most recent version, modified and supplemented to fit the circumstances of this case. Where California law applies, use the current edition of the Judicial Council of California Civil Jury Instructions (CACI). If neither is applicable, consult the current edition of O’Malley, et al., Federal Jury Practice and Instructions. Exchange. The parties must exchange their respective proposed jury instructions and special verdict forms 14 days before the L.R. 16-2 meeting and must exchange their respective objections to the other’s instructions and verdict forms 10 days before that meeting. Filing. Fourteen days before the PTC, counsel must file a joint set of jury instructions on which there is agreement—making 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 sure to fill in all blanks or bracketed information in standard forms. For any disputed instruction, the parties shall submit the following: the proposed instruction; a one-paragraph statement in support of the instruction with legal citations; a one-paragraph statement in opposition to the instruction with legal citations; and any proposed alternative instruction. Each requested instruction must: (1) cite the authority or source of the instruction; (2) be set forth in full; (3) be on a separate page; (4) be numbered; (5) cover only one subject or principle of law; and (6) not repeat principles of law contained in any other requested instruction. Counsel may submit alternatives to these instructions only if counsel has a reasoned argument that they do not properly state the law or are incomplete. Counsel must provide an index of all instructions submitted, which must include the following: (1) the instruction number; (2) the instruction title; (3) the instruction source (and any relevant case citations); and (4) the instruction page number. Use a table with the following format: No. Title Source Page No. 1 Trademark-Defined 9th Cir. 8.5.1 1 As part of the PTC binder, counsel must provide a hard and electronic copy of: (1) the joint set of instructions and disputed instructions as described above; and (2) a “clean” set of jury instructions, numbered in list format, containing only the text of the instruction (without a page break between each instruction). For the clean set, counsel must use the Court’s template posted 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 on the Orders and Additional Documents tab of its webpage and follow the exact format. v. Statement of the Case. At the time of filing the proposed PTC order, counsel should file a jointly prepared one-page statement of the case to be read by the Court to the prospective panel of jurors before commencement of voir dire. vi. Voir Dire. The Court will conduct the voir dire. The Court asks basic questions to obtain biographical information and determine whether a prospective juror can be fair given the type of case. Counsel may, but are not required to, file a short list (no more than one or two pages) of proposed case-specific voir dire questions at the time they file the proposed PTC order. Eight jurors will be selected, unless the Court indicates otherwise. vii. Joint Motions in Limine (JMILs). If the parties file motions in limine (including Daubert motions), they must adhere to the JMIL procedures below, including a thorough meet and confer. Failure to cooperate and comply with these procedures may result in summary denial of the JMIL and/or the imposition of sanctions. Each party is limited to five motions in limine, absent leave of court. JMILs should identify specific evidence to which the opposing party has expressly objected. Motions that generally seek to exclude evidence or argument—e.g., “evidence not produced in discovery,” “opinions not disclosed in an expert report or deposition,” the “reptile theory” or “golden rule” argument—are improper. A party with a general concern must meet and confer with the opposing party to determine if there is specific objectionable evidence or argument that will be 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 introduced. Also, JMILs should not be disguised motions for summary adjudication of issues. • Meet and Confer. Before filing a JMIL, the moving party shall send a letter identifying the evidence to be excluded, the specific terms of the order sought, and the rationale and supporting authority. Counsel shall meet within five calendar days of the letter. If unable to resolve the issue, counsel shall follow the briefing schedule below and file a JMIL consisting of: (1) the moving party’s one-sentence statement in bold of the evidence to be excluded and the anticipated prejudice; and (2) each party’s contentions set forth below a separate underlined heading for each party (identifying the moving party, the opposing party, and the moving party in reply). The moving party must include a one-page declaration at the end of each JMIL demonstrating that counsel discussed in good faith the specific evidence or argument at issue. • Briefing Schedule. (1) The moving party’s portion of the JMIL is due 25 days before the PTC; (2) the opposing party’s portion of the JMIL is due 18 days before the PTC; and (3) the moving party’s reply portion is due 14 days before the PTC. All JMILs must be filed and served at least 14 days before the PTC. • Page Limits. Five pages for the moving portion; five pages for the opposing portion; and three pages for the reply portion. • Daubert Motions. For complicated Daubert motions, the parties may request relief from the page limits and/or 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 briefing schedule ahead of the relevant deadlines. The requirements to meet and confer and submit a joint filing will remain. • Rulings. The Court reserves the right to defer ruling on one or more of the motions until trial and to change its ruling at trial based on the development of the evidence that it did not appreciate or “anticipate at the time of its initial ruling.” United States v. Bensimon, 172 F.3d 1121, 1127 (9th Cir. 1999). In the event that a party believes in good faith that the evidence at trial warrants reconsideration of a ruling, the party must raise the issue outside the presence of the jury. • Advising Witnesses. Counsel are required to advise affected witnesses to comply with the Court’s rulings on JMILs; and counsel may be held responsible if they fail to properly advise them. 2. TRIAL: CONDUCT OF ATTORNEYS AND PARTIES a. Trial Procedures. All counsel, parties, witnesses, court staff, and members of the public must adhere to the trial procedures described below. i. Food, Beverages, Cell Phones. No food or beverage other than water is permitted in the courtroom. No cell phone is permitted in the courtroom unless it is turned off; and it may be confiscated if it interrupts the proceedings. ii. Timeliness. The parties and their counsel are ordered to be on time. The Court requires strict compliance with this order. iii. Communication. All remarks at trial shall be addressed to the Court. While court is in session, counsel shall not directly address the CRD, the court reporter, or opposing counsel without 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 the Court’s permission; and all requests to place an exhibit before a witness shall be addressed to the Court. Counsel shall avoid having a conversation with anyone inside or outside the courtroom that may be overheard by a juror or prospective juror and shall admonish their clients and witnesses to comply with this order. iv. Movement. Counsel shall rise when addressing the Court and when the jury enters or leaves the courtroom. Counsel shall remain at the lectern when questioning a witness or giving an opening statement or closing argument. Counsel shall not approach the witness or enter the well without the Court’s permission and shall return to the lectern when the permitted purpose has been accomplished. Counsel shall not leave counsel table to confer with investigators, witnesses, or others while court is in session without the Court’s permission. v. Objections. No “speaking objections” are allowed. Rise and state only the legal grounds of the objection (e.g., “Objection, hearsay”). If the Court invites either clarification of the legal grounds for the objection or a response, do not abuse the invitation by providing factual argument before the jury. vi. Sidebars. Sidebar conferences are generally not permitted at the request of counsel for evidentiary objections, especially for issues that could have been anticipated. Counsel should anticipate significant issues and schedule a hearing when the jury is not waiting—e.g., before the jurors arrive or after they leave for the day. vii. Exhibits. No exhibit shall be placed before a witness unless a copy has been provided to the Court and opposing counsel. Nor 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 shall any exhibit be displayed to the jury unless previously admitted or agreed upon by all counsel. Once approved, an exhibit may be published by electronic projection, not by handing it to the jurors. Each counsel should maintain an exhibit list that notes when an exhibit has been admitted into evidence and shall return any exhibit to the CRD before leaving the courtroom at the end of the trial session. viii. Stipulations. Counsel should not offer a stipulation without having reached agreement with opposing counsel about its precise terms. ix. Witnesses. Counsel shall also comply with the rules below. • Available Witnesses. Counsel shall have witnesses available throughout the court day or risk being deemed to have rested. • Recess. After a recess or adjournment, counsel shall ensure that his or her witness returns to the stand before trial resumes. • Direction. Counsel should provide direction to their witnesses before they are called into the courtroom about where to walk to approach the witness stand. • One Lawyer. For each witness, a party may only have one lawyer who examines, and handles objections for, the witness. • Full Names. During trial, counsel shall not refer to any witness 18 years of age or older —including a client—by first name. • Accommodation. The parties should cooperate in responding to reasonable, legitimate requests to call a 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 witness out of sequence. Any accommodation dispute should be raised at the PTC (if possible). • Special Needs. Counsel must notify the CRD in advance if a witness requires an interpreter or an accommodation under the Americans with Disabilities Act (or for any other reason). • Professionalism. Counsel shall not express agreement or disagreement with witness testimony by comment, facial expression, or otherwise and shall admonish clients, family, and friends to comply with this order. • Pleasantries. Counsel should avoid the exchange of pleasantries with witnesses on the stand. x. Courtroom Technology. Any party intending to use courtroom technology during trial must review the information on Courtroom Technology on the Central District’s website (www.cacd.uscourts.gov/clerk-services/courtroom-technology) and must become familiar with all necessary equipment before trial. The Court will not delay the trial for technology issues that could have been avoided through reasonable planning; and the parties, in any event, should have a back-up plan. Any party intending to use equipment that is not regularly in the courtroom must notify the CRD at least one week before trial and obtain approval. xi. Court Reporting Services. Any party requesting special court reporting services shall notify the reporter as least two weeks before the service date. Please review the Central District’s webpage on Court Reporting Services 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 (www.cacd.uscourts.gov/court-reporting-services) for relevant information. b. Trial Exhibits. i. Stipulations. All counsel are to meet no later than ten days before trial and stipulate, so far as possible, to foundation, waiver of the best evidence rule, and those exhibits that may be received into evidence at the start of the trial. The exhibits to be so received should be noted on the Court’s copy of the exhibit list. ii. Numbering. Each multi-page exhibit must be numbered for easy reference. In addition, a party is generally expected to include in the exhibit only those portions of the document that will be moved into evidence. iii. Binders. Exhibits must be placed in three-ring binders indexed by exhibit number with tabs or dividers on the right side. Counsel must submit to the Court an original and copy of the binders, as described below. The spine portion of the binder must indicate the volume number, and each volume must contain an index of each exhibit included therein. iv. Delivery. The Court requires that the following be submitted to the CRD on the first day of trial: • One binder (or set of binders) of original exhibits with the Court’s exhibit tags, yellow tags for plaintiff and blue tags for defendant, stapled to the front of the exhibit on the upper right-hand corner with the case number, case name, and exhibit number placed on each tag. o All exhibits (except those to be used for impeachment only) should have official exhibit tags attached and bear the same number shown on the 15 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 exhibit list. Digital exhibit tags are available on the Court’s website (Form G-14A plaintiff, Form G- 14B defendant) and may be used in place of the tags obtained from the Clerk’s office. The defense exhibit numbers must not duplicate plaintiff’s numbers. o If counsel intends to use an enlargement of an existing exhibit, it must be designated with the number of the original exhibit followed by an “A.” • One binder (or set of binders) with a copy of each exhibit tabbed with numbers as described above for use by the Court. (Exhibit tags are not necessary on these copies.) • Three copies of the party’s witness list in the order in which the witnesses may be called to testify. • Three copies of the joint exhibit list in the form specified in L.R. 16-6 (Civil). v. Display. Where a significant number of exhibits will be admitted, the Court encourages counsel to consider how to intelligibly present testimony about exhibits by use of technology or otherwise (e.g., enlargements of important exhibits). The Court has equipment available for use during trial. Details are posted on the Court’s website. To make reservations for training, call the Courtroom Technology Help Desk at 213-894- 3061. Counsel is responsible for learning the use of the technology before trial. Trial will not be interrupted for this purpose. The Court does not permit exhibits to be passed up and down the jury box. Admitted exhibits (or exhibits to which opposing counsel has expressed “no objection”) may be 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 “published” by briefly displaying them on the screens in the courtroom. vi. Exhibit List (Jury). A copy of the exhibit list with all admitted exhibits will be given to the jury during deliberations. Counsel must review and approve the exhibit list with the CRD before the list is given to the jury. vii. Electronic Exhibits. At the conclusion of trial, the parties shall provide the Court with electronic copies of any trial exhibits that were admitted or offered and not previously provided to the Court in the pretrial submissions. c. Depositions. A party intending to use a deposition for impeachment or in lieu of live testimony must (1) file the deposition designations together with objections 14 days before the PTC if there are any objections or disputes requiring a ruling by the Court or (2) lodge the original deposition transcript with the CRD on or before the first day of trial if there are no disputes. The untimely filing of the original deposition transcript may result in exclusion. In addition, each party intending to present evidence by way of deposition testimony shall comply with the following instructions: i. Identify on the original transcript the testimony the party intends to offer by bracketing the questions and answers in the margins. The opposing party shall likewise counter-designate any testimony it plans to offer. ii. Identify any objections to the proffered evidence in the margins of the deposition transcript by briefly providing the ground for the objection and the response to the objection. iii. For all depositions offered in the case, the parties shall consistently use different colored ink—black for plaintiff and 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 blue for defendant—for designations, counter-designations, objections, and responses to objections. iv. Provide an index for each deposition, placed behind the first page, identifying each page that contains a designation or counter-designation. v. Provide to the CRD an electronic copy of the above materials, including all designations, counter-designations, and objections. The CRD will serve a copy of this order personally or by mail on counsel for all parties to this action. Date: January 14, 2026 ___________________________ Stanley Blumenfeld, Jr. United States District Judge 18
=== Criminal Standing Order (1.6.26).pdf ===
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Case No. Plaintiff, v . [DEFENDANT], Defendant(s). CRIMINAL STANDING ORDER [Updated 1/6/26] Indictment: Pretrial Conference: Trial: Last Day: This case has been assigned to the calendar of Judge Stanley Blumenfeld, Jr. The Court periodically amends its Criminal Standing Order (CSO). Counsel should obtain the latest version of the CSO under the Orders and Additional Documents tab on Judge Blumenfeld’s webpage (https://apps.cacd.uscourts.gov/Jps/honorable-stanley-blumenfeld-jr). TABLE OF CONTENTS 1. 2. 3. 4. BAIL REVIEW DISCOVERY FILING REQUIREMENTS EX PARTE APPLICATIONS 5. MOTIONS 6. 7. 8. 9. PLEA AGREEMENTS PRETRIAL CONFERENCE TRIAL SENTENCING 10. SUPERVISED RELEASE VIOLATIONS 11. CONTINUANCES 1. BAIL REVIEW Any bail-review request based on changed circumstances or information not previously presented to the magistrate judge shall first be addressed to the magistrate judge and shall be served on opposing counsel and the U.S. Probation and Pretrial Services Office. 2. DISCOVERY a. Disclosure Obligation. Pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and its progeny, the government has a continuing obligation to produce— and is hereby ordered to timely disclose—all known information or evidence relevant to guilt or punishment, including exculpatory evidence. The consequences for failing to do so may include: contempt, sanction, referral to a disciplinary authority, adverse jury instruction, exclusion of evidence, and dismissal of charges. b. Rule 16 Expert Disclosures. Upon request, the government must disclose to the defendant all information required under Rule 16(a)(1)(G) by no later than 45 days prior to trial, and defendant must disclose all information required under Rule 16(b)(1)(C) by no later than 30 days prior to trial, unless the parties stipulate in writing to a different time for disclosure. c. Protective Orders. The parties shall meet in person or by videoconference—and shall certify compliance with this requirement—before submitting any dispute over the terms of a protective order. Any disputed application for a protective order must contain a joint memorandum that separately sets forth for each disputed term: (1) the disputed term (reproduced in full); (2) the party objecting (identified in bold), followed by an argument in support of the objection; and (3) the responding party (identified in bold), followed by an argument in support of the disputed term. The Court generally will not rule on hypothetical disputes about the potential impact of a term in a standard protective order and expects the parties to reasonably resolve legitimate concerns that have been raised. d. Disputes. Counsel shall meet with opposing counsel to resolve discovery disputes before filing a motion for discovery. All discovery motions shall state with particularity what is requested, the basis for the request, and opposing counsel’s response to the request. Motions made without prior consultation with opposing counsel may not be heard. 2 3. FILING REQUIREMENTS Counsel must follow the Central District’s Local Rules and General Orders for electronic filing, unless superseded by this Order. a. Caption of Filings. The caption of every filing shall contain: (1) the name of the first-listed defendant and the name and number of the defendant(s) to whom the pleading applies (in indictment order); (2) the defendant’s registration number when applicable to the relief requested (e.g., medical or transfer request); and (3) the milestone dates (see caption above): Indictment, Pretrial Conference, Trial, and Last Day (of the speedy trial period). b. Docketing. Docket an item only as to the applicable defendant(s), using a clear entry so specifying. c. Format of Filings. The parties must use only 14-point Times New Roman font for text and footnotes. d. Attachments. Each declaration, exhibit, or other attachment accompanying a document must be filed as a separately docketed attachment to the main docket entry with a clear description (e.g., Dkt. 29-1, Smith Decl.; Dkt. 29-2, Ex. 1: License Agreement). Attachments containing video or audio content should be submitted on a flash drive and not on a DVD. e. Proposed Orders. Proposed orders shall state the relief sought, the defendant(s) affected, and, when relevant, the supporting rationale and authority— and must be submitted in a form that would originate from the Court. Do not include: (1) any attorney information on the caption page; (2) any information in the footer (except pagination); or (3) any watermark or firm designation anywhere. f. Chambers Copies. Provide electronic copies in Word format sent to the Chambers email address ([email protected]) of all pretrial conference and trial documents (as stated below). 4. EX PARTE APPLICATIONS a. Declaration. Ex parte applications should be filed only when necessary, after the parties have met and conferred, and shall include a declaration specifying the results of the meeting and opposing counsel’s position. b. Supervision-Related Relief. When requesting supervision-related relief (e.g., a travel or transfer request), the applicant must obtain and submit a separate writing from U.S. Probation and Pretrial Services stating its position and 3 any proposed conditions. A travel application for a defendant who has been appointed counsel must also state the source of payment for all travel expenses. c. Sealing Orders. A party seeking to submit information under seal must comply with the procedures found on Judge Blumenfeld’s webpage (scroll to Orders & Additional Documents at the bottom of the page). 5. MOTIONS a. Hearings. Hearings on criminal motions are on Tuesdays at 8:00 a.m. Include a time estimate below the hearing date on the face page of the motion for any hearing expected to last more than 30 minutes. Meet and confer before filing a motion and describe the resolution efforts in the notice of motion. Notify the Court immediately of any resolution occurring after a motion is filed. b. Memorandum Length. Unless stated otherwise, no supporting or opposing memorandum shall exceed 7,000 words (or 25 pages, double spaced, if handwritten), and no reply memorandum shall exceed 4,000 words (or 15 pages, doubled spaced, if handwritten)—excluding only indices and exhibits. Counsel shall certify compliance with the word count pursuant to Local Rule 11-6.2 (Civil). c. Pretrial Motions. For all pretrial motions, file: (1) the motion four weeks before the hearing; (2) the opposition/non-opposition three weeks before the hearing; and (3) the reply, if any, two weeks before the hearing. d. Motions in Limine (MILs). MILs are heard at the pretrial conference (PTC) and require the filing of a Joint MIL (JMIL) and declaration of the meet and confer. Failure to cooperate and comply with the procedures below may result in sanctions. (1) Meet and Confer. Before filing a JMIL, the moving party shall send an email to opposing counsel identifying the evidence to be excluded or admitted, the specific terms of the order sought, and the rationale and supporting authority. Counsel shall meet within 5 calendar days of the email. If unable to resolve the issue(s), counsel shall file a JMIL consisting of: (a) the moving party’s one-sentence statement in bold of the relief sought (i.e., the evidence to be excluded or admitted); and (b) each party’s contentions set forth below a separate underlined heading for each (identifying the moving party, the opposing party, and the moving party in reply). (2) Briefing Schedule. (a) The moving party’s portion of the JMIL must be provided to the opposing party 28 days before the PTC; (b) the opposing must provide its portion of the JMIL 21 days before the PTC; and (c) the moving party must reply and file and serve the entire JMIL at least 14 days before the PTC. 4 (3) Page Limits. For the moving and opposition portions—5 pages each; and for the reply portion—3 pages (for a maximum total of 13 pages). 6. PLEA AGREEMENTS a. Digital Courtesy Copy. The government should send a text- searchable digital copy of the plea agreement to Chambers email address ([email protected]). b. Rule 11 Hearing. (1) Fully Signed Agreement. Defense counsel and the government shall bring a hard copy of the fully signed plea agreement to the hearing (because the Court will refer the defendant to specific portions of the agreement). (2) Open Court. The Rule 11 hearing will be conducted in open court. Any request to close the courtroom or seal the record (in whole or in part) must be made by the requesting party when checking in on the day of the hearing. (3) Detention Request. If the government intends to request detention of a defendant who is out on bond, it should file a request, stating and applying the applicable standard, at least two days before the hearing. (4) Sentencing Date. Counsel for both parties shall confer and provide a proposed sentencing date to the courtroom deputy (CRD) upon checking in. Absent good cause, the sentencing date shall be approximately 14 weeks after the defendant’s conviction. The parties should not assume that the sentencing date, once set, will be continued at their request. 7. PRETRIAL CONFERENCE (PTC) The Court will schedule a PTC two weeks before the trial date. a. PTC Filings. At least 14 days before the PTC, the parties must submit the documents described below (1) electronically in Word format sent to Chambers email and (2) in a joint binder. In addition, the government shall provide a flash drive containing a digital copy of all trial exhibits and place it in the binder pocket. b. Joint Binder. The binder must have a cover sheet and spine label with the case name, party, and volume number (if relevant); a table of contents; and tab dividers on the right separating the contents. A binder with more than 200 pages must be placed in a slant D-ring binder. The joint binder shall include: 5 (1) Indictment/Information. The government shall provide a copy of the operative charging document. (2) Trial Memo. The government shall provide: (a) a fact summary; (b) a statement of the elements of each charge and enhancement; (c) a time estimate of the government’s case; and (d) the applicable legal and evidentiary issues. The government shall specify, after a meet and confer, whether the parties agree or disagree on matters (a)–(d). (3) Joint Case Statement. The parties shall file a short joint statement of the case that will be read to the jury panel. (4) Witness List. The parties shall identify all potential witnesses, using full names—including middle names and dates of birth for common names—listed in alphabetical order by surname. The list should include a brief one-to-two sentence description of the testimony the witness will offer. Use bold font to identify the witnesses the government likely will call. The witness list should include all potential witnesses, as the names of witnesses will be read to the jury panel. If the defense objects to identifying a potential witness (not already on the government’s list), the objection must be raised at the PTC. (5) Exhibit List. The government shall provide a copy of the exhibit list (numbered “1, 2, 3”). The list should contain every exhibit the government anticipates using at trial. The number of any exhibit identified at the PTC shall be the number used at trial—and shall not be changed absent leave of court. The list should include defense exhibits to the extent the defense does not object to disclosure. Every exhibit should be numbered separately without subparts. Each exhibit must be presented in a form that will allow it to be admitted in its entirety. A party generally may not move for the admission of a part or subset of an exhibit (e.g., pages one through four of a ten-page exhibit). (6) Jury Instructions. Please comply with the rules below and be prepared to address instructions at the pretrial conference and at any point during trial. (a) Ninth Circuit Instructions. Use the current edition of the Ninth Circuit’s Manual of Model Criminal Jury Instructions for all available instructions and otherwise the current edition of O’Malley, Grenig & Lee, Federal Jury Practice and Instructions. Submit alternatives to instructions in these two sets only if counsel has a reasoned argument that those instructions are incomplete or inaccurate. Each requested instruction shall be numbered and 6 set forth in full on a separate page, citing the authority or source of the requested instruction. (b) Joint Instructions. Meet and confer to provide joint instructions. For any disputed instruction, the opponent shall state on a separate page following the disputed instruction: (i) the basis for the objection; (ii) authority supporting the objection; and (iii) an alternative instruction (if applicable). On the following page, the proponent shall briefly respond to the objection with supporting authority. (c) No Blanks/Brackets. Do not leave blanks or inapplicable bracketed text in any instruction. It is counsel’s duty to conform the instructions to the case (e.g., inserting names of defendant(s) or witness(es) to whom the instruction applies and selecting the appropriate bracketed text). Index. An index shall accompany the jury instructions with: (i) the number of the instruction; (ii) a brief title of the instruction; (iii) the source of the instruction; and (iv) the page number of the instruction. Example: (d) Number Title Source Page # #1 Conspiracy-Elements 9th Cir. 8.5.1 1 (e) “Clean” Electronic Copy. Counsel shall submit to the Chambers email a “clean” set of all instructions in Word format that will be given to the jury, containing only the text of each instruction (without a page break between each instruction). For the clean set, counsel must use the template posted at the bottom of Judge Blumenfeld’s webpage and follow the exact format. (7) Verdict Form. Submit a joint proposed verdict form. (8) Voir Dire. Submit any proposed questions for the jury panel. (9) Motions in Limine. Submit any MILs (see § 5(d) supra). 8. TRIAL a. Trial Schedule. The schedule for the first day of trial is typically 8:30 a.m. to 5:00 p.m. After the first day of trial, trial days are Monday through Friday from 8:30 a.m. to approximately 4:00 p.m. The schedule is subject to change. 7 b. Trial Documents. On the first day of trial, counsel shall present the CRD with the documents below. (1) Exhibit List. Three copies of the government’s exhibit list in the form specified in Local Rule 16-6.1 (Civil). A copy of the exhibit list with all admitted exhibits will be given to the jury during deliberations. All counsel shall review and approve the list with the CRD before it is given to the jury. (2) Witness List. Three copies of the government’s witness list in the form specified in Local Rule 16-5 (Civil). (3) Exhibits. (a) Government exhibits with completed official exhibit tags (use Forms G-014A and G-014B, which can be found on the Central District’s website at http://www.cacd.uscourts.gov/court-procedures/forms) bearing the same number shown on the exhibit list. An enlargement of an existing exhibit shall use the original exhibit number followed by an “A.” Provide two sets of exhibit binders—one for the witnesses and one for the defense—that contain all exhibits tabbed with the exhibit number. (b) Defense exhibits (unless counsel objects at the PTC) with completed official exhibit tags, using exhibit numbers that do not duplicate government exhibit numbers, placed in two tabbed sets of binders (one for the witnesses and one for government counsel) if there are more than 10 exhibits. (c) Exhibit Numbers. Each party shall be assigned a 100- block of numbers, starting with the government and following with each defendant in indictment order (e.g., Government, 100–199; Defendant #1, 200–299; Defendant #2, 300–399, etc.). If a party has more than 100 exhibits, the parties are to meet and propose a numbering scheme, using a block system, in the PTC filings. (d) Digital Exhibits. Digital evidence must be contained on a flash drive, unless otherwise directed by the Court. The party introducing the evidence is responsible for ensuring that the flash drive contains only admitted evidence. The Court will provide a sanitized laptop to allow the jury to review admitted digital evidence during deliberations. See United States v. Chadwell, 798 F.3d 910, 914 (9th Cir. 2015). Any party that objects to this procedure shall raise its objection at the pretrial conference. (e) Contraband, Valuable, Sensitive, and Dangerous Exhibits (e.g., narcotics, jewelry, pornographic materials, firearms) may not be brought into the court without prior permission (see Local Rule 79-4 (Civil . 8 (4) Defense Lists. Defense counsel shall submit the defense witness and exhibit lists at the start of the defense case (if not previously done) in (a) electronic form by email of Word document(s) to the Chambers email and (b) hard-copy form to the CRD and the court reporter. c. Trial Procedures. All counsel, parties, witnesses, court staff, and members of the public must adhere to the trial procedures described below. (1) Food, Beverages, Cell Phones. No food or beverage other than water is permitted in the courtroom. No cell phone is permitted in the courtroom unless it is turned off; and it may be confiscated if it interrupts the proceedings. (2) Timeliness. The parties and their counsel are ordered to be on time. The Court requires strict compliance with this order. (3) Communication. All remarks at trial shall be addressed to the Court. While court is in session, counsel shall not directly address the CRD, the court reporter, or opposing counsel without the Court’s permission; and all requests to place an exhibit before a witness shall be addressed to the Court. Counsel shall avoid having a conversation with anyone inside or outside the courtroom that may be overheard by a juror or prospective juror and shall admonish their clients and witnesses to comply with this order. (4) Movement. Counsel shall rise when addressing the Court and when the jury enters or leaves the courtroom. Counsel shall remain at the lectern when questioning a witness or giving an opening statement or closing argument. Counsel shall not approach the witness or enter the well without the Court’s permission and shall return to the lectern when the permitted purpose has been accomplished. Counsel shall not leave counsel table to confer with investigators, witnesses, or others while court is in session without the Court’s permission. (5) Objections. No “speaking objections” are allowed. Rise and state only the legal grounds of the objection (e.g., “Objection, hearsay”). If the Court invites either clarification of the legal grounds for the objection or a response, do not abuse the invitation by providing factual argument before the jury. (6) Sidebars. Sidebar conferences are generally not permitted at the request of counsel for evidentiary objections, especially for issues that could have been anticipated. Counsel should anticipate significant issues and schedule a hearing when the jury is not waiting—e.g., before the jurors arrive or after they leave for the day. (7) Exhibits. No exhibit shall be placed before a witness unless a copy has been provided to the Court and opposing counsel. Nor shall any exhibit 9 be displayed to the jury unless previously admitted or agreed upon by all counsel. Once approved, an exhibit may be published by electronic projection, not by handing it to the jurors. Each counsel should maintain an exhibit list that notes when an exhibit has been admitted into evidence and shall return any exhibit to the CRD before leaving the courtroom at the end of the trial session. (8) Stipulations. Counsel should not offer a stipulation without having reached agreement with opposing counsel about its precise terms and without it having been fully explained to the defendant(s). Any stipulation of fact requires the defendant’s personal agreement and shall be submitted to the Court in writing for approval. (9) Witnesses. Counsel shall also comply with the rules below. available throughout the court day or risk being deemed to have rested. (a) Available Witnesses. Counsel shall have witnesses ensure that his or her witness returns to the stand before trial resumes. (b) Recess. After a recess or adjournment, counsel shall (c) Direction. Counsel should provide direction to their witnesses before they are called into the courtroom about where to walk to approach the witness stand. one lawyer who examines, and handles objections for, the witness. (d) One Lawyer. For each witness, a party may only have witness 18 years of age or older —including a client—by first name. (e) Full Names. During trial, counsel shall not refer to any (f) Experts. The parties should cooperate in responding to reasonable, legitimate requests to call an expert out of sequence. Any accommodation dispute should be raised at the PTC (if possible). Special Needs. Counsel must notify the CRD in advance if a witness requires an interpreter or an accommodation under the Americans with Disabilities Act (or for any other reason). (g) (h) Professionalism. Counsel shall not express agreement or disagreement with witness testimony by comment, facial expression, or otherwise and shall admonish clients, family, and friends to comply with this order. (i) pleasantries with witnesses on the stand. Pleasantries. Counsel should avoid the exchange of 10 (10) Courtroom Technology. Any party intending to use courtroom technology during trial must review the information on Courtroom Technology on the Central District’s website (www.cacd.uscourts.gov/clerk-services/courtroom- technology) and must become familiar with all necessary equipment before trial. The Court will not delay the trial for technology issues that could have been avoided through reasonable planning; and the parties, in any event, should have a back-up plan. Any party intending to use equipment that is not regularly in the courtroom must notify the CRD at least one week before trial and obtain approval. (11) Court Reporting Services. Any party requesting special court reporting services shall notify the reporter as least two weeks before the service date. Please review the Central District’s webpage on Court Reporting Services (www.cacd.uscourts.gov/court-reporting-services) for relevant information. The parties shall cooperate with the court reporter in providing spellings as necessary. 9. SENTENCING The Court generally sets the sentencing hearing approximately 14 weeks after a defendant’s conviction. The Court may accommodate defense requests for expedited sentencing, provided that the parties agree to an abbreviated presentence report and submit their sentencing memoranda at least seven days before the sentencing. a. Report and Recommendation. Defense counsel should ensure that the defendant has carefully read both the presentence report(s) and the recommendation letter prepared by the U.S. Probation and Pretrial Services Office. At the sentencing hearing, the Court will ask the defendant whether he or she understands and accepts the conditions of supervised release (or probation) that are set forth in the recommendation letter. The defendant shall review those conditions carefully before the hearing. b. Sentencing Papers. (1) Sentencing Memorandum. At least 14 days before the sentencing hearing (or seven days before an expedited sentencing), each party shall file a sentencing memorandum that does not exceed 20 pages, excluding indices and exhibits. The introduction of the memorandum shall state clearly the party’s position on: (a) the appropriate term of custody (if any); (b) the appropriate length and conditions of supervised release (if any); (c) the appropriate amount of the fine (if any); (d) the appropriate amount of the special assessment(s); (e) the appropriate amount of victim restitution (if any); (f) any other proposed element of sentencing; and (g) the accuracy of the final presentence report and its calculation of the advisory sentencing guidelines. 11 (2) Reply Memorandum. Any reply shall be filed at least seven days before the sentencing hearing (or four days before an expedited sentencing) and shall not exceed 10 pages, excluding indices and exhibits. A reply is mandatory only if the parties have a legal dispute over the calculation of the sentencing guidelines. An oversized brief may only be filed with leave of court. (3) Preliminary Forfeiture Order. If the government is seeking forfeiture, it shall file its application for a preliminary order of forfeiture at least 14 days before the sentencing hearing. c. Sentencing Videos. The Court generally does not consider sentencing videos, but if one is presented, counsel must justify its submission, limit the video to less than 10 minutes, and provide a transcript. d. Open Court. The sentencing hearing will be conducted in open court. Any request to close the courtroom or seal the record (in whole or in part) must be made by the requesting party when checking in on the day of the hearing. e. Detention Request. If the government intends to request detention of a defendant who is out on bond, it should include the request in its sentencing memorandum—in a section entitled, “Detention Request,” placed immediately before the conclusion—stating and applying the applicable detention standard. f. Letters. Letters mailed to Judge Blumenfeld, for sentencing or any other purpose, are inappropriate and generally will be screened and discarded by staff to prevent consideration of matters outside the record. Letters from family members, victims, or others should be filed as exhibits to sentencing memoranda. 10. SUPERVISED RELEASE VIOLATIONS Upon notice of an alleged violation of supervised release, counsel shall meet to determine whether a joint recommendation will be submitted. No later than five days before the hearing, the parties shall file either a joint recommendation or—if they disagree—separate statements of their respective positions. In any submission, defense counsel shall state whether the defendant intends to admit or deny the allegation(s). 11. CONTINUANCES a. Trial Continuance. Any application for a trial continuance shall request a trial on a Monday at least 10 calendar days before the last day of the speedy trial period. The application shall identify under the caption title the current “Last Day” of that period and the new “Last Day” (if the application is granted). The proposed order shall identify under the caption title the new “Last Day.” 12 (1) Pending Deadlines. Any request to continue the trial should be timely filed. The filing of a continuance request does not suspend any pending deadline, including the time to submit the pretrial conference filings. (2) Defense Counsel’s Calendar. If a continuance is granted based in whole or in part on defense counsel’s unavailability, the Court expects counsel to be available on the continued date. If another continuance is requested based in whole or part on defense counsel’s unavailability, defense counsel shall provide a declaration explaining in detail why counsel is not available, why counsel believed he or she would be available when submitting the prior continuance request, and what unforeseen and unavoidable events occurred in the interim. The failure to provide this information may result in summary denial of the request. (3) Hearing. The Court often orders the parties to appear to explain any continuance request when an extension was previously granted. b. Sentencing Continuance. The sentencing hearing will not be continued absent a detailed showing of good cause, including why the additional time requested could not have been anticipated when the original date was set. Date: Stanley Blumenfeld, Jr. United States District Judge 13
=== Criminal Sealing Instructions (8.10.22) ===
PILOT PROGRAM INSTRUCTIONS TO ATTORNEYS PROCEDURES FOR FILING UNDER SEAL DOCUMENTS A. For Requests to Seal Documents Only (Not the Application and Order): 1. 2. 3. Electronically file the application to seal and the declaration giving notice or proof of service. Attach a proposed order to the electronically filed application using the standard procedure for filing an application with a proposed order. See L.R. 5-4.4.1. Indicate which of the three following actions will be taken if the application is denied: (1) Counsel will publicly file the document(s) for consideration by the Court; (2) Counsel will retrieve the chambers copy of the document(s); or (3) The clerk will destroy the chambers copy of the document(s). 4. After electronically filing the application and proof of service, send an email to SB [email protected] containing the subject line “Under Seal Request in Case No. following attachments: ” and the (1) (2) (3) a PDF version of the application to seal and declaration giving notice or a proof of service; a Word version of the proposed order (including the proposed action to be taken if the application is denied, see above); and a PDF version 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.” 1 B. For Requests to Seal the Application, Order, and Document(s): 1. 2. Electronically file a NOTICE OF MANUAL FILING indicating that the following have been submitted to the Court: (1) an application to seal; (2) a declaration giving notice or a proof of service; (3) a proposed order; and (4) the documents to be placed under seal. Send an email to SB [email protected] containing the subject line “Under Seal Request in Case No. _______” and the following attachments: (1) (2) (3) a PDF version of the application to seal and declaration giving notice or a proof of service; a Word version of the proposed order (including the proposed action to be taken if the application is denied); and a PDF version of the document(s) to be filed under seal with a caption page, clearly marked “UNDER SEAL.” ***OTHER IMPORTANT INFORMATION*** 1. If the sealing request is approved, the document itself will not be viewable by the public, but the title of the pleading will be placed on the public docket and viewable (e.g., “Declaration of John Doe, Exhibit A”). 2. 3. 4. All applications must provide reasons why the parties’ interest in filing the document(s) under seal outweighs the public’s right to access. All applications must specify which portions of the document(s) to be filed under seal are confidential. If a party submits an application to file under seal pursuant to a protective order only (i.e., no other reason is given), the application will be denied unless the Court receives—within 48 hours from the notice of filing—a document entitled “Addendum to Application to File Under Seal Pursuant to Protective Order” that: (1) provides the reasons justifying the request for sealing; and (2) specifies which portions of the document are confidential. 2
=== MSC Order (1.6.26).pdf ===
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , v. , UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Plaintiff(s), Case No. MANDATORY SCHEDULING CONFERENCE (MSC) ORDER [Updated 1/6/26] Defendant(s). Date: Time: 8:30 a.m. Courtroom: 6C READ THIS ORDER CAREFULLY BECAUSE IT CONTROLS THIS CASE AND DIFFERS IN PART FROM THE LOCAL RULES. FAILURE TO COMPLY MAY RESULT IN SANCTIONS. This case has been assigned to Judge Stanley Blumenfeld, Jr. and is set for a scheduling conference pursuant to Fed. R. Civ. P. 16(b) on the above date in Courtroom 6C of the First Street Courthouse, 350 West First Street, Los Angeles, CA, 90012. TABLE OF CONTENTS 1. Preliminary Matters 2. Mandatory Scheduling Conference (MSC) 3. Joint 26(f) Report 4. Case Management Order (CMO) 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 1. PRELIMINARY MATTERS a. Self-Represented Parties. Parties appearing pro se must comply with the Federal Rules of Civil Procedure and the Local Rules. L.R. 1-3, 83- 2.2.3. “Counsel,” as used in this order, includes parties appearing pro se. b. Notice to be Provided by Counsel. The plaintiff’s counsel or, if the plaintiff is appearing pro se, defense counsel, shall provide this order to all known parties who have not yet appeared or who appear after the date of this order. c. Court’s Website. This and all other applicable standing orders in this case are available on Judge Blumenfeld’s webpage (https://apps.cacd.uscourts.gov/Jps/honorable-stanley-blumenfeld-jr). The Local Rules are available on the Central District of California website (http://www.cacd.uscourts.gov/court-procedures/local-rules). d. Pleadings. If the plaintiff has not previously served the operative complaint on all defendants, the plaintiff shall promptly do so and file proof of service within three days thereafter. At the scheduling conference, the Court will set a deadline—usually within approximately 60 days—for hearing motions to amend the pleadings or add parties (including Doe defendants). e. Disclosures and Discovery. The parties are reminded of their obligations to (1) confer on a discovery plan at least 21 days before the scheduling conference and (2) make initial disclosures within 14 days after the parties’ Rule 26(f) conference. Fed. R. Civ. P. 26(a)(1)(C) & (f). The Court encourages the parties to begin discovery early and expects written discovery to be served promptly after the parties have conferred as required under Fed. R. Civ. P. 26(f). A protective order, 2 when necessary, shall be agreed upon within one week of the Rule 26(f) conference. 2. MANDATORY SCHEDULING CONFERENCE (MSC) a. Continuance. A request to continue the scheduling conference will be granted only for good cause. The parties should plan to file the joint Rule 26(f) report on the original due date even if a continuance of the MSC is granted. The Court will not continue the MSC to allow the parties to explore settlement. b. Participation. Lead counsel must attend the scheduling conference, unless excused by the Court for good cause shown in a declaration attached to the report. The Court often explores factual and legal issues at the MSC, and counsel should be prepared to address all aspects of the case. c. Remote Appearances. Remote appearances are not permitted except for good cause shown in a declaration attached to the report. Instructions for remote appearance can be found on Judge Blumenfeld’s webpage. Counsel appearing remotely are responsible for ensuring that their equipment and the internet connection in the location from which they will be participating are reliable and adequate for uninterrupted video participation. 3. JOINT RULE 26(F) REPORT a. Due Date. File the joint Rule 26(f) report no later than 10 days before the scheduling conference. An order to show cause will issue if the report is not timely filed. b. Jointly Filed. The plaintiff shall draft the report, unless the plaintiff is self-represented or the parties agree otherwise. The report shall be jointly signed and filed as a single submission by all parties. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. Format and Contents. The Court requires strict compliance with its requirements for both the format and contents of the report. List the following dates under the caption title: the Original Complaint; Removal (if removed); Responsive Pleading(s); and Trial (Proposed). Set forth the following information using numbered section headings and lettered sub- headings that correspond precisely to those below: (1) Subject-Matter Jurisdiction. State the basis of federal jurisdiction. For federal-question jurisdiction, cite the federal law under which the claim arises. For diversity jurisdiction, state each party’s citizenship (including the citizenship of each member of a limited liability company and each partner of a partnership) and the amount in controversy. State whether the parties agree that federal jurisdiction exists and identify the basis for any disagreements. (2) Statement of the Case. A short synopsis of the facts, the main claims, counterclaims, affirmative defenses, and procedural history (including any related case). The factual synopsis must provide sufficient detail for the Court to understand the relevant disputes; conclusory summaries are insufficient. (3) Damages/Insurance. a. Damages. The realistic range of provable damages. b. Insurance. Whether there is insurance coverage, the extent of coverage, and whether there is a reservation of rights. (4) Parties, Evidence, etc. A list of parties, percipient witnesses, and key documents on the main issues in the case. For conflict purposes, corporate parties must identify all subsidiaries, parents, and affiliates. 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 (5) Discovery. a. Status of Discovery. A discussion of the present state of discovery, including a summary of completed discovery. b. Discovery Plan. A detailed discovery plan, as contemplated by Fed. R. Civ. P. 26(f). A general statement to the effect that discovery will be conducted on all claims and defenses will result in the case being deemed of low-level complexity. (6) Legal Issues. A brief description of all key legal issues, including any significant procedural, substantive, or evidentiary issues. (7) Motions. a. Procedural Motions. A statement of the likelihood of motions to add other parties or claims, file amended pleadings, transfer venue, etc. b. Dispositive Motions. A description of the issues or claims that any party believes may be determined by motion to dismiss or motion for summary judgment. c. Class-Certification Motion. For a putative class action, the Court shall set a deadline for hearing the class-certification motion. The parties must act diligently and begin discovery immediately, because the motion must be filed no later than 120 days from the date originally set for the scheduling conference, unless the Court orders otherwise. Any request for additional time beyond the 120 days must be supported by a detailed “Class-Certification Plan”—attached as an exhibit at the end of the report—showing all anticipated activity and the corresponding date for each activity, up to the hearing on the motion. The failure to provide the Class-Certification Plan will result in the denial of additional time. 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 (8) Alternative Dispute Resolution (ADR). a. Prior Discussions. A description of any prior oral or written settlement discussions (without stating the terms). b. ADR Selection. The parties shall state their preference for mediation before: the magistrate judge (ADR-1), the court mediation panel (ADR-2), or a private mediator (at the parties’ expense) (ADR-3). Failure to state a preference shall be construed as authorizing the Court to select ADR-3. Participation in ADR by all parties, including an officer with full settlement authority for corporate parties, is mandatory. (9) Trial. a. Proposed Trial Date. The trial date is set within a prescribed period from the original due date of the initial responsive pleading. • The period depends on the level of factual and legal complexity: Low Level: 4–6 Months (e.g., ADA, lemon law, and personal injury cases); Medium Level: 7–12 Months (e.g., civil rights, contract, trademark, copyright, and employment cases); and High Level: 12–18 Months (e.g., complex antitrust, RICO, or securities class actions). • The parties must justify the proposed trial date, even if it is a joint request, as the strength of the justification rather than the fact of agreement, case type, or a lawyer’s trial schedule will dictate the trial setting. The strength of the justification will be determined based on the detailed 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 information provided in completing the sections above along with the explanation in Section 9. • A case will be deemed to be of low-level complexity absent detailed justification for the proposed trial date. b. Time Estimate. A realistic estimate of the number of court days required for trial, specifying the number of witnesses each party contemplates calling. If the time estimate exceeds four days, counsel should justify in sufficient detail the basis for the estimate. c. Jury or Court Trial. Specify whether trial will be by jury or by court. The default will be a court trial if the parties fail to specify. d. Magistrate Judge. Whether the parties consent to having a magistrate judge preside for all purposes, including trial. The parties may choose any magistrate judge on the Voluntary Consent List found on the Central District website. If the parties consent, they should contact the courtroom deputy of the selected magistrate judge to confirm his or her availability and, upon confirmation, promptly file a “Notice of Lodging of Consent” along with Form CV-11D (Statement of Consent to Proceed Before a United States Magistrate Judge, found at http://www.cacd.uscourts.gov/court-procedures/forms) attached thereto. If the parties file the consent form at least three days before the MSC, the Court typically will refer the case to the magistrate judge and vacate the MSC. e. Trial Counsel. The names of the attorneys who will try the case and their respective roles. 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 (10) Special Requests/Other Issues. If there are no special requests or other issues (such as those noted below), answer “None” for Section 10 of the Report. a. Independent Expert or Master. Whether the Court should consider appointing a master (Fed. R. Civ. P. 53) or an independent expert (if the case involves substantial discovery disputes, complex scientific issues for the bench, etc.). b. Manual for Complex Litigation Procedures. Whether these procedures should be used in whole or part. c. Other Issues. A statement of any other issues affecting case management—e.g., unusually complex technical issues, discovery in foreign jurisdictions, protective-order disputes, accommodation needs (interpreters, ADA requests, etc.), and any proposed ordering of proof (severance, bifurcation, etc.). d. ERISA Cases Involving Benefit Claims. The parties need not file a joint Rule 26(f) report. Instead, they shall file a joint report that sets forth: (1) the facts and legal issues in the case; (2) the status of settlement discussions and the selected form of alternative dispute resolution (ADR-1, ADR-2, or ADR-3); and (3) any special issues that should be considered. The parties should proceed with the preparation of the administrative record and briefing without delay upon service of the complaint. A court trial, ordinarily limited to oral argument on the administrative record, will be scheduled within six months from the filing of the original complaint, unless good cause for additional time is shown in the status report. If the Court concludes that the decision would not benefit from oral argument, the matter may be submitted for decision on the papers. 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 4. CASE MANAGEMENT ORDER (CMO) a. Continuances. The CMO deadlines will not be continued absent a timely showing of good cause presented in a Word document along with a proposed order delivered to Judge Blumenfeld’s chambers email ([email protected]). The Court applies the same standard of good cause to all extension requests—whether opposed, unopposed, or jointly requested. (1) Good cause. Good cause requires a specific, detailed, and non- conclusory showing of diligence from the outset of the case, describing: (1) all relevant work previously done (including when each item was completed), (2) all relevant work that remains to be done, (3) why the remaining work could not previously have been done (including efforts made to complete each remaining item), and (4) why the amount of time requested is needed to complete the remaining work. This information must be provided in the table form contained in the attachment to the CMO. (2) Diligence. Diligence generally will not be found when a party delays serving or pursuing written discovery, engages in strategic staging of discovery or other tasks, or opts for in-person depositions that prevent completion within the existing deadline. The parties should plan to complete discovery far enough in advance of the discovery deadline to allow for both the filing of a discovery motion if necessary and the completion of any court-ordered discovery. Moreover, a desire to engage in settlement discussions generally does not constitute good cause to extend discovery deadlines. The parties are strongly encouraged to agree to exchange initial disclosures promptly and to actively commence discovery before the MSC. 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 (3) Proposed Order. The parties must complete and submit the CMO Extension Order Template found at the “Orders & Additional Documents” tab on Judge Blumenfeld’s webpage. Please follow the highlighted directions at the end of the document. File the proposed order and submit an electronic Word copy to Judge Blumenfeld’s chambers email. (4) Denied with Prejudice. Denial of an extension request, including summary denial, is with prejudice. The parties should therefore present all available information showing that the outstanding discovery or other litigation tasks cannot be completed within the existing deadlines despite all reasonable diligence from the outset of the case. A party is not permitted to resubmit a denied extension request with additional information that was previously available. * * * Failure to comply with the procedural requirements above—including the use and proper submission of the table in the attachment to the CMO and the CMO Extension template—may result in the extension request being stricken or summarily denied. An improper resubmission of a denied extension request may result in sanctions. b. Motion Deadlines. All hearing deadlines reflect the last day when a motion may be heard, and a hearing must be set on an open hearing date. Hearing dates are closed at least four weeks in advance and may be closed earlier depending on the volume of motions scheduled. Consult Judge Blumenfeld’s webpage before scheduling a hearing to determine availability. A party that waits until the last day to have a motion heard risks having the motion stricken and deemed untimely if the motion is set on a date that turns out to be unavailable or is otherwise deficient. Do not wait until the last minute to file. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. Juvenile Records. If the parties intend to seek juvenile court records related to this case, they shall take steps immediately to obtain them – including filing any petition or application in the relevant court. The failure to take immediate action will be considered a lack of diligence and likely will result in the denial of a request to extend a deadline based on the need for juvenile records. To the extent that the parties seek additional time for discovery because of the asserted need for juvenile records, they shall provide a table in the joint Rule 26(f) report identifying each allegation in the complaint that requires discovery of juvenile records, and for each such allegation they shall (a) identify the relevant juvenile records, (b) describe the relevance of the juvenile records to the allegation (and to the related claim or defense), and (c) state and explain whether (and the extent to which) the parties can obtain discovery about the allegation by means other than a review of the juvenile records. Absent a sufficient showing of need, the parties should not expect additional time to complete discovery because of a purported need for juvenile records. An incomplete table, or conclusory assertions of need, shall be deemed insufficient. The parties act at their peril if they elect to delay taking discovery until they receive juvenile records when they reasonably could be expected to do otherwise. d. Protective Orders. If the parties believe that the production of certain evidence in this case requires a protective order, they shall promptly take steps to agree on appropriate terms or, if necessary, seek relief from the magistrate judge. The parties should not expect the Court to find that they have been diligent or to allow additional time to complete discovery 11 if they delay obtaining a protective order and then wait to seek or produce discovery until the protective order is in place. Date: January 14, 2026 ___________________________ Stanley Blumenfeld, Jr. 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 12
=== MSJ Order (1.6.26).pdf ===
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA , v. , Plaintiff(s), Defendant(s). Case No. ORDER RE MOTIONS FOR SUMMARY JUDGMENT [Updated 1/6/26] READ THIS ORDER CAREFULLY BECAUSE IT CONTROLS THIS CASE AND DIFFERS IN PART FROM THE LOCAL RULES. TABLE OF CONTENTS 1. General Requirements 2. 3. 4. Joint Appendix of Facts (JAF) Joint Appendix of Evidence (JAE) Joint Appendix of Objections (JAO) 5. Failure to Comply 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 1. GENERAL REQUIREMENTS a. Joint Brief. The parties shall work cooperatively to submit a single joint brief for all motions for summary judgment or adjudication (MSJs) brought by all moving parties. The joint brief shall be organized by issue, presenting the parties’ competing positions on an issue-by-issue basis. For each issue, the moving party shall present legal argument and citation to the Joint Appendix of Facts (JAF), see infra, followed immediately by the opposition’s response that similarly must be supported by legal argument and citation to the JAF. b. Form. Because summary judgment motions are fact-intensive, parties should prepare papers in a fashion that will assist the Court in considering the material (e.g., through use of tabs, tables of contents, headings, indices). c. Word Limit. Each separately represented party shall be limited to 7,000 words, exclusive of tables of contents and authorities. Leave for additional briefing will be given only in extraordinary cases. Each party is limited to the use of a total of eight footnotes. d. Timing. The Court expects the parties to agree to a filing schedule for an MSJ, which must be filed in compliance with the deadlines set forth in § 1(e). The parties should not wait until the last day to file; on the other hand, the filing of clearly premature motions requiring a continuance to permit discovery wastes resources. e. Briefing Schedule. If multiple parties are moving for summary judgment, the parties should designate only one party as the moving party for purposes of the briefing schedule.1 The schedule for the joint brief shall be as follows: 1 The Court expects the parties to work together professionally and agree on which 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 i. Meet and Confer. For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than 53 days before the motion hearing cutoff set forth in the case management order (CMO). The parties shall thoroughly discuss each issue to be raised and the law and evidence relevant to that issue. A thorough discussion serves a critical function: It often narrows the issues to be adjudicated, and it allows the parties to squarely and fully address the actual issues requiring resolution. ii. Moving Portion. No later than seven days after the meet and confer, the moving party shall provide to the opposing party an electronic copy of the moving party’s portion of the joint brief, together with the moving party’s portion of the JAF and Joint Appendix of Evidence (JAE), see infra. iii. Opposing Portion. No later than 14 days after receiving the moving party’s papers, the opposing party shall provide to the moving party an electronic copy of the integrated motion, which shall include the opposing party’s portion of the joint brief, JAF, and JAE. At this point, the opposing party should sign the joint brief. iv. Filing of Joint Brief. After receiving the integrated version of the motion and related papers, the moving party shall finalize it for filing without making any further revisions to the joint brief and appendices, except (1) by agreement (e.g., to correct an error or party should be designated the moving party. If the parties are unable to agree, the defendant shall be deemed the moving party. If different parties seek summary judgment on different issues, the parties may agree to modify the pre-filing deadlines in the briefing schedule without leave of Court if and only if (1) all parties agree to the modifications and (2) the summary judgment motion is timely filed under the CMO. 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 remove an issue as to which the parties resolved their dispute) or (2) to note in the JAF (in the format described in the instructions below) whether any facts added by the opposing party are disputed or undisputed. Once finalized, the moving party’s counsel shall sign and electronically file the joint brief, JAF, and JAE no later than four days after receiving the opposing party’s signed copy. The joint brief shall be accompanied by a notice of motion and motion for summary judgment and shall be calendared pursuant to the Local Rules on an available date no later than the motion hearing cutoff in the CMO. f. Reply Memorandum. After the joint brief is filed, the moving party2 may separately file a reply memorandum of points and authorities, not exceeding 3,000 words, no later than 14 days before the scheduled hearing date. The moving party may not use this filing to supplement the JAF or the JAE in any way. No additional briefing or filing in support of or in opposition to the MSJ is permitted. g. Multiple Motions Prohibited. No more than one joint motion may be filed under Fed. R. Civ. P. 56, whether brought as a motion for summary judgment or summary adjudication, without leave of Court. In the rare case in which leave of Court is sought, the parties shall file a joint noticed motion setting forth their respective positions on the existence of good cause for the filing of multiple motions. 2. JOINT APPENDIX OF FACTS (JAF) The joint brief shall be accompanied by a single statement of undisputed and disputed facts contained in a JAF presented in a table. This Court’s requirements for 2 In the case of multiple moving parties, each moving party may file a supplemental memorandum that replies only to the issue(s) upon which the party moved. 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 the JAF supersede the requirements in Local Rules 56-1, 56-2, and 56-3 for a “Statement of Uncontroverted Facts,” which the parties need not additionally file. a. Table Format. The JAF table shall contain four columns. i. Column No. 1. The first column shall contain the number of the fact alleged to be undisputed. All asserted undisputed facts shall be sequentially numbered and divided into sections according to the element of proof to which the facts relate. ii. Column No. 2. The second column shall contain a plain statement of the fact. Facts shall not be compound (e.g., Mike and Jane signed a contract, and Jane mailed the contract in May 2017). Each fact must be stated separately in its own row as shown below. Neither legal arguments nor conclusions constitute facts. Facts shall not be repeated if they relate to multiple claims for multiple elements of proof. The first reference to a fact in the JAF shall serve and—through incorporation by reference—can be cited to support all subsequent claims (e.g., “See JAF 1–5”). iii. Column No. 3. The third column shall contain a citation to admissible evidence that supports the proffered fact; the evidence cited must be included in the JAE. iv. Column No. 4. The fourth column shall contain the opposing party’s response to the fact alleged to be undisputed: (1) stating that the fact is undisputed or disputed, (2) briefly stating why the opposing party disputes the fact, (3) citing with specificity the evidence that refutes the fact, and (4) explaining how the cited 5 evidence refutes the fact; the evidence cited must be included in the JAE. b. Headers. Where feasible, parties should use headers to group facts relevant to a particular issue. The table below illustrates the format that must be used. SUF No. Fact Supporting Evidence Pl.’s Response Issue No. 1. Plaintiff’s Claim for Breach of Contract is Barred by the Statute of Limitations. 1. 2. Mike and Jane signed a contract for the sale and purchase of property. Jane mailed the contract in May 2017. Smith Decl. ¶ 5, Ex. 6. Smith Decl. ¶ 8, Ex. 21. Disputed. Jane testified that the contract was for a lease, not a purchase. Jane Depo. 29:4-16, Ex. 1. Disputed in Part. Jane testified she mailed the contract in January 2017. Jane Depo. 3:4-10, Ex. 1. c. Good-Faith Preparation. The parties shall cooperate to prepare the JAF in good faith and otherwise will be subject to appropriate sanctions. i. The parties shall work cooperatively to identify a single set of facts alleged to be undisputed to avoid unnecessary duplication or confusion. ii. The parties shall provide only material facts, in a noncompound form, arranged according to their relevancy to a particular issue. Do not rotely cut and paste from the background of the joint brief. iii. If a party disputes a fact in bad faith by offering evidence that does not contradict the proffered fact or by failing to provide a specific citation to the supporting evidence, the Court will deem the fact 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 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 undisputed for purposes of the motion. See Fed. R. Civ. P. 56(e)(2); L.R. 56-4. iv. If a party disputes a fact in part, the disputing party should state “Disputed in Part,” highlight the disputed part in bold italics, and provide the specific evidentiary support for the dispute (see example above). A party that lacks candor in failing to acknowledge the limited extent of the dispute forces the Court to expend needless resources discovering it itself. v. The JAF should be as narrow and concise as the issues on summary judgment properly warrant. If the Court determines that the JAF is unjustifiably long or unwieldy, the Court may strike the JAF and require the parties to refile it (and any document citing it) within two business days. vi. Deliberate gamesmanship designed to abuse the process will result in an order to show cause (OSC) re sanctions against the abusive party and/or counsel, including, if appropriate, terminating and/or monetary sanctions. A party who is the subject of an OSC should be prepared to justify each purportedly disputed fact at the hearing. Abuses that will invite an OSC include but are not limited to the following tactics: Stating a fact is undisputed when it clearly is not; Disputing a clearly undisputed fact in whole or part; Manufacturing a dispute by mischaracterizing evidence, reframing the stated fact in order to dispute the fact as reframed, or using an evidentiary objection to dispute an undisputed fact; Making legal argument in the JAF; and 7 Introducing clearly irrelevant or immaterial facts for the obvious purpose of obfuscation. 3. JOINT APPENDIX OF EVIDENCE (JAE) The joint brief shall be accompanied by a JAE—i.e., a separate, tabbed appendix of all evidence in support of or opposition to the MSJ, including declarations, deposition excerpts, documents, photographs, etc. Physical evidence (e.g., video recordings) shall be lodged separately. No evidence should be attached to a memorandum of points and authorities or included anywhere other than in the JAE. The JAE shall include a table of contents. The JAE shall be filed as a single, combined PDF; more than one PDF may be filed if file-size constraints preclude filing the JAE as a single PDF. In the event multiple PDFs are necessary to file the JAE, each file shall be titled by part and exhibit series (e.g., JAE Part 1, Exhibits 1–50). Each exhibit within the JAE must be bookmarked; the bookmark should include the exhibit number and a brief description of the exhibit (e.g., Ex. 1 – Jones Depo. Excerpts). Declarations shall set out admissible facts without any argument, and evidence must be properly authenticated by stipulation, declaration, or otherwise. No party shall submit evidence other than the specific evidence necessary to support or controvert a statement of fact. Do not, for example, submit the entire deposition transcript or an entire set of interrogatory responses when relying on only a portion thereof. When multiple parties wish to produce different excerpts of the transcript of the same deposition, the excerpts shall be combined into a single exhibit containing all pages to which either party cites. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 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. JOINT APPENDIX OF OBJECTIONS (JAO) The parties shall prepare a Joint Appendix of Objections (JAO) containing any evidentiary objections in a single, separate document presented in a three-column table as follows: Objector Evidence Objection (O)/Response (R) Plaintiff 1. “Jane mailed the contract in May 2017.” (Smith Decl. ¶ 8.) O: Lacks foundation. R: Smith saw Mary mail it. (¶ 8.) Failure to comply with this formatting requirement will result in a waiver of the objections. Blanket or boilerplate objections will be overruled and disregarded. To allow both sides the opportunity to respond to the other’s evidentiary objections, the JAO is due after the joint brief, JAF, and JAE, as follows: The party opposing summary judgment shall provide the moving party with any objections to the moving party’s evidence at the same time that it provides its portion of the joint brief, the JAF, and the JAE. No later than seven days after receiving these materials, the moving party shall provide to the opposing party its responses to the opposing party’s evidentiary objections, together with any objections to the opposing party’s evidence. Within seven days thereafter, the opposing party shall add its responses to the moving party’s objections (without making any other changes) and file the JAO. The parties’ objections and responses in the JAO shall be brief and strictly limited to the admissibility of the evidence. No substantive legal arguments will be permitted. If an evidentiary dispute is dispositive of a claim or argument, it should be addressed in the briefing on that claim or argument. 5. FAILURE TO COMPLY If it appears that the parties have not met and conferred in good faith, have not worked to fully integrate the MSJ, or have otherwise failed to fully comply with this order, the MSJ may be stricken, and the parties may be required to repeat the process. The deadline for hearing the MSJ will not be continued for failure to comply with this 9 order, absent good cause. If it appears that one (or more) of the parties is primarily responsible for the failure to properly file a compliant joint brief, the primarily responsible party or parties shall be subject to appropriate sanctions. Date: January 14, 2026 ___________________________ Stanley Blumenfeld, Jr. 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 10
Ask CiteLaw's AI Navigator anything about this judge practice, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.
