Civil Standing Order 2025-09-02; Civil Trial Order (11-04-24); Criminal Standing and Trial Order (11-1-24); Order Setting Scheduling Conference (11-7-2024)

=== Civil Standing Order 2025-09-02 ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA PLAINTIFF’S NAME, Case No. Plaintiff/s, v. CIVIL STANDING ORDER DEFENDANT’S NAME, Defendant/s. -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. Plaintiff’s counsel must serve this Order immediately on all parties and/or their attorney(s), including any new parties to the action. If this action came to the Court through noticed removal, Defendant’s counsel must immediately serve this Order on all other parties. Both the Court and all counsel bear responsibility for the progress of litigation in this Court. The term “Counsel,” as used in this Order, includes parties appearing pro se.1 To secure the just, speedy, and inexpensive determination of every action, all counsel are ORDERED to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. Fed. R. Civ. P. 1. Unless the Court orders otherwise, the following rules apply. I. GENERAL Service of the Complaint The plaintiff must promptly serve the complaint in accordance with Federal Rule of Civil Procedure 4 and must comply with Local Rule 5-3 with respect to all proofs of service. Removed Actions Any answers filed in state court must be e-filed in this Court, either as an exhibit to the Notice of Removal or as a separate filing. Any pending motions must be re-noticed in accordance with Local Rule 6-1. Assignment to a Magistrate Judge Under 28 U.S.C. § 636, the parties may consent to have a Magistrate Judge 1 This Court does not exempt parties appearing pro se—that is, parties who are not represented by an attorney—from compliance with the Federal Rules of Civil Procedure or the Local Rules. See C.D. Cal. R. 1-3 and 83-2.2.3. -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 preside over the entire case, including trial, rather than just discovery. One benefit to giving such consent is that the parties almost always will be able to proceed to trial sooner than on a District Judge’s calendar. Additionally, the parties are free to select from among all Magistrate Judges available for this purpose and are not limited to the Magistrate Judge assigned to this case. The Magistrate Judges all have experience and expertise in a variety of areas, including patent and trademark litigation. If the parties agree to consent to proceed before a Magistrate Judge, the parties should consult the Central District’s website for the list of available Magistrate Judges and should submit the appropriate consent form.2 Telephonic and Video Appearances. The Court does not conduct telephonic hearings. By default, all hearings, with the exception of hearings on motions in limine, Final Pretrial Conferences, and trials, must proceed remotely by video appearance on Zoom, unless a request is made by the parties to appear in person and this request is granted by the Court. Requests for an in-person appearance must be filed one (1) week before the hearing and must indicate that counsel has met and conferred with opposing counsel consistent with Local Rule 7-3. Hearings on motions in limine, Final Pretrial Conferences, and trials must be heard in person. II. FILINGS Electronic Filings and Proposed Orders Counsel must file all civil filings pursuant to Federal Rules of Civil Procedure 5(d)(3) and Local Rule 5-4. Each party filing a motion, opposing a motion, or seeking the determination of any matter must serve and electronically lodge a proposed order setting forth the relief or action sought and a brief statement of the 2 The list of available Magistrate Judges and the consent form can be found at https://www.cacd.uscourts.gov/judges-requirements/court-programs/voluntary- consent-magistrate-judges. -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 rationale for the decision with appropriate citations. Counsel must file items as follows:  Non-Signature Items: must be filed in PDF format.  Proposed Signature Items: must be filed as an attachment to the main document in PDF format. All proposed signature items must also be emailed in Microsoft Word (“Word”) format to the chambers email at [email protected] on the day the document is filed. Only proposed order signature items should be emailed to the chambers’ email address. Do not email other associated documents and do not use this email address for communication with the Court or the Clerk. A template for proposed orders is available on Judge Sykes’ webpage at https://www.cacd.uscourts.gov/honorable-sunshine-s-sykes. The parties must use this template. Failure to submit a proposed order via email in Word format may result in the Court striking the motion, application, or stipulation without consideration of the request on its merits. Note for Parties Who Do Not Have an Attorney: Pro se litigants—that is, parties who are not represented by an attorney—may submit documents for filing through the Court’s Electronic Document Submission System (“EDSS”) instead of mailing or bringing documents to the Clerk’s Office. Only internet access and an email address are required. Documents are submitted in PDF format through an online portal on the Court’s website. To access EDSS and for additional information, visit the Court’s website at https://apps.cacd.uscourts.gov/edss. Mandatory Chambers Courtesy Copies All original filings are to be filed electronically pursuant to Local Rule 5.4. The Court requires one (1) mandatory chambers copy of only the following filed documents: motion(s) for class certification; motion(s) for preliminary approval of class action; motion(s) for final approval of class action; motion(s) for summary -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 judgment (oppositions, reply, exhibits); motion(s) for preliminary injunction (oppositions, reply, exhibits); and trial documents. Chambers Copies must be delivered to the “Courtesy Box” located outside of Courtroom 2 on the 2nd floor at the United States District Court, 3470 12th Street, Riverside, California 92501, no later than 5:00 p.m. on the first day following the filing. All Mandatory Chambers Copies must comply with the document formatting requirements of Local Rule 11-3, except for the blue-backing requirement of Local Rule 11-4.1, which is waived. If the filing party and its counsel fail to deliver a Mandatory Chambers Copy in full compliance with this Order and Local Rule 11-3, the Court may, on its own motion, reschedule any related hearing and impose sanctions. Pro se parties are exempt from this requirement. III. REQUESTS Ex Parte Applications Counsel are reminded that ex parte applications are solely for extraordinary relief. Applications that do not explain why ex parte relief3 is justified and/or fail to satisfy the requirements established under Local Rule 7-19 will not be considered. Sanctions may be imposed for misuse of ex parte applications. Counsel must include a statement in the ex parte application a statement to the following effect: “This ex parte application complies with Local Rule 7-19’s requirements.” The Court considers ex parte applications on the papers and typically does not set the matters for hearing. Any opposition to an ex parte application, including ex parte applications 3 To justify ex parte relief, the moving party must make two showings: (1) “the evidence must show that the moving party’s cause will be irreparably prejudiced if the underlying motion is heard according to regular noticed motion procedures”; and (2) “it must be established that the moving party is without fault in creating the crisis that requires ex parte relief, or that the crisis occurred as a result of excusable neglect.” Mission Power Eng’g Co. v. Cont’l Cas. Co., 883 F. Supp. 488, 492 (C.D. Cal. 1995). -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 for temporary restraining orders, should be filed within 24 hours of receipt of the application. Continuances Counsel requesting a continuance must lodge, prior to the date to be continued, a proposed stipulation and order including a detailed declaration of the ground for the requested continuance or extension of time. The Court grants continuances only upon a showing of good cause, focusing on the diligence of the party seeking the continuance and any prejudice that may result if the continuance is denied. Counsel are required to meet and confer with opposing counsel regarding the substance of the continuance before filing the anticipated request, and any request must include a statement of compliance with Local Rule 7-3 (see supra VII.A). Failure to meet and confer in good faith in compliance with the Local Rules and this Order may result in denial of the request for continuance. Stipulations to Amend Parties filing an amended pleading pursuant to Federal Rule of Civil Procedure 15(a)(2) must file the stipulation to amend the pleading. The parties must attach to the stipulation a clean and redlined version of the proposed amended pleading and a proposed order. The parties’ proposed order should address any hearing affected by the filing of the amended pleading. Communications with Chambers Counsel must not contact the Court or chambers staff by email, telephone, or by any other ex parte means. Counsel may, for appropriate matters only, contact the CRD via the Chambers’ email at [email protected]. Counsel must not contact the CRD regarding the status of any matter before the Court. Calls or emails regarding the status of submitted motions, stipulations, or proposed orders will not be returned. Counsel may determine the status of any submitted motion, stipulation, or proposed order by accessing the docket sheet through PACER, which can be accessed via the Central District of California’s website. Counsel must -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 include on all papers their email address, telephone number, and fax number to facilitate communication with the CRD. IV. COURTROOM PROCEDURES Invitation to Self-Identify Pronouns and Honorifics Litigants and counsel may indicate their pronouns and honorifics by filing a letter, adding the information in the name block or signature line of the pleadings, or verbally informing the Court when making an appearance. Courtroom Decorum The Court expects everyone in the courtroom to treat each other with dignity and respect. Therefore, at a minimum, the Court expects the following4:  Being punctual and prepared for all court appearances.  Speaking and writing civilly and respectfully in all communications involving the Court. This includes: o Referring to and addressing witnesses, counsel, parties, and court personnel by their surnames, pronouns, and honorifics, unless leave to do so is otherwise granted. o Refraining from interrupting any other person in the courtroom when someone else is speaking. The same courtesy will be returned for every person. o Refraining from making gestures, facial expressions, or audible comments as manifestations of approval or disapproval of testimony or argument.  Being considerate of the time constraints and pressures on the Court and court staff inherent in their efforts to administer justice. 4 For more detailed guidance, counsel are advised to refer to the Central District of California’s Civility and Professionalism Guidelines, which can be found at http://www.cacd.uscourts.gov/attorneys/admissions/civility-and-professionalism- guidelines. -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  Acting and speaking civilly to court marshals, court clerks, court reporters, secretaries, and law clerks with an awareness that they too are an integral part of the judicial system. Guidance for Pro Se Litigants Parties who represent themselves in civil litigation (i.e., appear pro se) should be aware that the Court holds these parties to the same standards of conduct to which it holds attorneys. The following links may be helpful to those representing themselves in civil matters:  General information on how parties may represent themselves and/or receive free assistance in civil cases in the Central District of California can be found at https://prose.cacd.uscourts.gov.  Local Civil Rules for the Central District of California can be found at http://www.cacd.uscourts.gov/court-procedures/local-rules.  Federal Rules of Civil Procedure can be found at https://www.law.cornell.edu/rules/frcp. Presence of Lead Counsel Lead trial counsel must attend any proceeding before this Court, including all Scheduling, Pretrial, and Settlement Conferences. Failure of lead counsel to appear for those proceedings is a basis for sanctions. The Court has a strong commitment to fostering the development of new and diverse lawyers in the legal community. Consequently, the Court strongly encourages litigants to provide opportunities to less experienced lawyers or lawyers whose identities and/or backgrounds further the diversity of the legal profession to conduct hearings before the Court, particularly where they contributed significantly to the underlying motion or prepared the witness. Of course, the ultimate decision of who speaks on behalf of the client is for the client and not the Court. If lead counsel decides to take advantage of this opportunity, they should notify -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 the CRD at [email protected] no later than the Monday before the hearing. Interpreter Services Counsel in civil actions are responsible for arranging for the services of an interpreter. The Interpreter’s Office may be reached at (213) 894-4599. V. SCHEDULING Scheduling Conference and Rule 26(f) Meeting of Counsel The Court hears scheduling conferences on Fridays beginning at 1:00 p.m.5 Pursuant to Federal Rules of Civil Procedure 16(b) and 26(f), the Court will issue an Order Setting a Scheduling Conference. Counsel must meet no later than three (3) weeks prior to the Scheduling Conference. This meeting may occur telephonically and need not occur in person. A written exchange of correspondence will not satisfy this requirement. Unless otherwise ordered, no later than two (2) weeks before the Scheduling Conference, the parties must file a Joint Rule 26(f) Report, which must include a completed Scheduling Worksheet that can be found at https://www.cacd.uscourts.gov/sites/default/files/documents/SSS/AD/Order%20Setti ng%20Scheduling%20Conference%20%2811-7-2024%29.pdf. A Joint Rule 26(f) Report which is not timely filed or does not conform with this Order, Federal Rule of Civil Procedure 26(f), and applicable Local Rules will interfere with preparation by the Court and its staff and may result in the assessment of sanctions. The Joint Rule 26(f) Report must address the matters set forth in Federal Rule of Civil Procedure 26(f), as well as those enumerated in the Court’s Order Setting Scheduling Conference. Settlement Conference/Alternative Dispute Resolution (“ADR”) As stated in Local Rule 16-15, the parties in every action must participate in a 5 The Court routinely vacates these hearings absent extenuating circumstances. -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 Settlement Conference or Alternative Dispute Resolution (ADR) procedure. The Court will not hold a Final Pretrial Conference or convene a trial unless and until all parties, including the principals of all corporate parties, have completed ADR. This Court participates in the court-directed ADR Program whereby the Court refers the parties to the Magistrate Judge, the court Mediation Panel, or private mediation. See General Order 11-10, § 5.1. If a Notice to Parties of Court-Directed ADR Program (ADR-08) has been filed in an action, counsel must furnish and discuss it with their clients in preparation for the Rule 26(f) conference. In their Joint Rule 26(f) Report, counsel should state their preferred ADR procedure. The Court will refer the action to a procedure at the initial scheduling conference. More information about the ADR Program, the Mediation Panel, and mediator profiles is available on the Central District of California’s website at https://www.cacd.uscourts.gov/attorneys/adr. The parties should notify the Court if they believe that further settlement or mediation would be beneficial via email to the Court’s CRD at [email protected]. VI. DISCOVERY Compliance with Federal Rule of Civil Procedure 26(a) The parties should begin to propound discovery before the Scheduling Conference. The parties must comply fully with the letter and spirit of Federal Rule of Civil Procedure 26(a) and produce discovery promptly. At the Scheduling Conference, the Court will impose firm deadlines governing the completion of discovery. Discovery Matters Referred to United States Magistrate Judge All discovery matters are hereby referred to the assigned Magistrate Judge, who will hear all discovery disputes. The assigned Magistrate Judge’s initials follow the Judge Sykes’ initials next to the action number. All discovery-related documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing. Counsel are directed to contact the Magistrate Judge’s CRD and must follow -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 the Magistrate Judge’s procedures to schedule matters for hearing. These procedures are stated on each Magistrate Judge’s webpage. Unless the assigned Magistrate Judge explicitly waives the Mandatory Chambers Copy rule, Counsel must deliver Mandatory Chambers Copies of discovery-related papers to the assigned Magistrate Judge. Parties are not to deliver courtesy copies of discovery documents to Judge Sykes’ chambers. In accordance with 28 U.S.C. § 636(b)(1)(A), the Magistrate Judge’s decision is final, and this Court will not reverse any order of the Magistrate Judge unless it has been shown that the Magistrate Judge’s order is clearly erroneous and contrary to law. Any party may file and serve a motion for review and reconsideration before this Court. See Local Rule 72-2. The moving party must file and serve the motion within two (2) weeks of service of a written ruling or an oral ruling that the Magistrate Judge states will not be followed by a written ruling. The motion must specify which portions of the ruling are clearly erroneous and contrary to law, and the claim must be supported by points and authorities. Counsel must provide the Magistrate Judge with chambers copies of the moving papers and responses. VII. MOTIONS: GENERAL REQUIREMENTS Meet and Confer Requirement Counsel should take note of Local Rule 7-3, which requires “counsel contemplating filing of any motion” to “first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.” Counsel should discuss the issues sufficiently such that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other non-substantive matters during the conference. The Court strongly encourages the parties to resolve issues during their meet and confer and, wherever possible, work to cure any agreed upon deficiencies by following the amendment procedures set out in Federal Rule of Civil Procedure 15. Consistent with the Ninth Circuit’s ruling in -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 Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000) (en banc), in evaluating a motion to dismiss, this Court may grant leave to amend where the Court determines that the plaintiff is able to cure the deficiencies in the complaint. Per Local Rule 7-3, if parties are unable to reach a resolution that eliminates the necessity for a hearing, counsel for the moving party must include a declaration, under penalty of perjury, that sets forth (1) when the conference took place, and (2) the position of each party with respect to each disputed issue that will be the subject of the motion. In addition, the moving party’s Counsel is required to include (3) the names of the counselor’s present at the conference, (4) how long the conference lasted, (5) the manner in which the conference was held, and (6) what issues were discussed. The parties are further advised that email correspondence alone is insufficient to satisfy this requirement. Local Rule 7-3 requires the conference to be in person, by telephone, or via video conference at least 7 days prior to the filing of the motion. The Court may strike or deny a motion or other relief if counsel fails to meet and confer in good faith. Under Seal Filings Local Rule 79-5 governs applications to file documents under seal. Local Rule 79-5.2.2 explains how to apply to file under seal and how to proceed if leave is granted. Parties must comply with all provisions of Local Rule 79-5. There is a strong presumption of access to judicial records in civil actions. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 2016) (citing Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003 . For each document or other type of information a party seeks to file under seal, the party must identify the factual and/or legal justification that establishes “good cause” or “compelling reasons” for the information to be protected. Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178–80 (9th Cir. 2006). The “compelling reasons” standard applies when either the document itself or the motion to which the document is attached is more than tangentially related to the -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 merits of the case. Ctr. for Auto Safety, 809 F.3d at 1096–97, 1099, 1101. When the document is attached to a motion that is unrelated or only tangentially related to the merits of the case, “a party need only satisfy the less exacting ‘good cause’ standard.” Id. at 1097 (citing Foltz, 331 F.3d at 1135). Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the Court has authorized to be filed under seal. Sealing must be justified for each individual item. Blanket claims of confidentiality will result in the application to seal being denied. Counsel are strongly encouraged to consider carefully whether sealing or redaction is absolutely required for a given piece of evidence or argument. An application to seal that includes meritless requests to seal or redact documents will be denied. The parties must also meet and confer before filing an application to seal. If the parties intend to file multiple applications to seal, they are encouraged to file a joint application to seal that identifies (1) the record evidence that all parties agree should be sealed and (2) the record evidence each party separately desires to be sealed. All applications to seal must be filed at least two weeks before the anticipated motion is filed. Filing and Hearing Motions Motions must be filed in accordance with Local Rule 7. This Court hears civil motions on Fridays beginning at 2:00 pm. If Friday is a national holiday, motions will be heard on the next Friday. It is not necessary to clear a hearing date with Judge Sykes’ CRD before filing a motion, except for motions for summary judgment, motions for preliminary injunction, and motions for class certification. For these three motions, contact the CRD via the Court’s chambers email address at [email protected] to reserve a hearing date. There are limited available hearings on any given date. Counsel are encouraged to reserve a date as -13- soon as possible because failure to obtain the desired date may result in an inability to file the respective motion by the schedule deadline. If the moving party fails to obtain a date, the motion will be stricken for failure to notice a hearing under Local Rule 6-1. For all motions, if the hearing date selected is not available, the Court will issue a minute order continuing the date. Length and Format of Motion Papers Pursuant to Local Rule 11-6, Memoranda of Points and Authorities in support of or in opposition to motions, absent leave of Court, must not exceed 7,000 words, including headings, footnotes, and quotations, but excluding the caption, the table of contents, the table of authorities, the signature block, the certification required by Local Rule 11-6.2, and any indices and exhibits. Replies must not exceed ten (10) pages. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations. Pursuant to Local Rule 11-8, all Memoranda of Points and Authorities exceeding ten (10) pages must be accompanied by a Table of Authorities and a Table of Contents. All briefing must use Times New Roman font. Text must be no less than fourteen (14) point font; footnotes must be no less than twelve (12) point font. Counsel must adhere to Local Rule 5-4.3 with respect to the conversion of all documents to .pdf format so that when a document is electronically filed, it is in proper size and is .pdf searchable. Further, all documents must be filed in a format so that text can be selected, copied, and pasted directly from the document. See Local Rule 5-4.3.1. Voluminous Materials If documentary evidence in support of or in opposition to a motion exceeds 50 pages, the evidence must be separately bound and tabbed and include an index. If such evidence exceeds 200 pages, the documents must be placed in a three-ring binder, with an index and with each item of evidence separated by a tab divider. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Citations to Case Law Citations to case law must identify the case cited and the specific page referenced. For example, if a quotation is presented, the associated page citation must be provided. Similarly, if a case is cited in support of a proposition based on language in the opinion, the page on which such language appears must be provided. When citing to legal databases, wherever possible cite to Westlaw rather than Lexis. Bluebook style is required. Citations to Other Sources Statutory references must identify with specificity the sections and subsections referenced. Citations to treatises, manuals, and other materials should include the volume, section, and pages being referenced. Citations to prior filings in the same action must include the docket entry number, section, and pages referenced. Bluebook style is required. Matters Under Submission If the Court deems a matter appropriate for decision without oral argument, the Court will take the matter under submission and notify the parties before the hearing. VIII. MOTIONS: SPECIFIC REQUIREMENTS Motions Pursuant to Federal Rule of Civil Procedure 12 Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment. See Polich v. Burlington Northern, Inc., 942 F.2d 1467, 1472 (9th Cir. 1991) (noting that where a motion to dismiss is granted, a district court should grant leave to amend unless it is clear the complaint cannot be saved by amendment). Moreover, a party has the right to amend the complaint “once as a matter of course at any time before a responsive pleading is served.” Fed. R. Civ. P. 15(a). Even after a complaint has been amended or a responsive pleading has been served, the Federal Rules of Civil Procedure provide that leave to amend should be “freely given when justice so requires.” Fed. R. Civ. P. -15- 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(a). Indeed, the Ninth Circuit requires that this policy favoring amendment be applied with “extreme liberality.” Morongo Band of Mission Indians v. Rose, 893 F.2d 1074, 1079 (9th Cir. 1990). Consequently, parties should carefully consider and weigh an opponent’s contentions as to the deficiencies in a pleading. The Court expects that, in most instances, the parties will agree to any amendment that would cure the defect. Motions to Amend In addition to the requirements of Local Rule 15-1, all motions to amend pleadings must: (1) state the effect of the amendment; (2) be serially numbered to differentiate the amendment from previous amendments; and (3) identify the pages, line numbers, and wording of any proposed change or addition of material. Counsel must file a “Notice of Lodging” attaching the proposed amended pleading as a document separate from the motion, as well as a “redlined” version of the proposed amended pleading identifying all additions and deletions of material as an appendix to the moving papers. An additional copy of the redlined pleading must be provided to Chambers by email at [email protected] on the same day that the amended pleading is filed electronically. This paragraph applies equally to complaints, answers, cross-complaints, supplemental pleadings, and amendments made as a matter of right pursuant to Federal Rule of Civil Procedure 15(a)(1). Absent a showing of good cause, failure to comply with this paragraph will result in the Court striking the amended pleading. Motions for Default Judgment Motions for Default Judgment wherein some, but not all, of the named defendants are alleged to have defaulted must be noticed for the same hearing date as the Parties’ Final Pretrial Conference and filed in accordance with the motion requirements described in the Local Rules. L.R. 7-3, 7-9, 7-10. Any Motion for Default Judgment must be accompanied by a detailed proposed order that the Court can adopt. Any proposed order must set forth the relief or action sought and -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 a brief statement of the rationale for the decision with appropriate citations. In addition, a copy of the proposed order in Word format must be emailed to Chambers on the day the document is filed. Motions in Limine Motions in limine must be scheduled for hearing one (1) week before the Final Pretrial Conference date as detailed in the Scheduling Worksheet. The Court does not allow parties to file a Reply in Support of their Motions in limine, and any Reply filed to that effect shall be stricken. Motions for Class Certification If the action is a putative class action, the parties are to act diligently and begin pre-certification discovery immediately, so that the motion for class certification can be filed expeditiously. All merits discovery is hereby stayed until further order of the Court. This Court requires an extended briefing schedule for motions for class certification as set forth below:  Motions for Class Certification: Must be filed at least 7 weeks before the hearing date.  Opposition: Must be filed at least 5 weeks before the hearing date.  Reply: Must be filed at least 4 weeks before the hearing date. The above briefing schedule is the default. The parties may stipulate to a modified schedule that is reasonable for all parties. Any briefing schedule must provide the Court at least 4 weeks between the reply deadline and the hearing date. Summary Judgment Motions No party may file more than one (1) motion pursuant to Federal Rule of Civil Procedure 56, regardless of whether such motion is denominated a motion for summary judgment or summary adjudication, without leave of the Court. The parties must not attempt to evade the page limitations for briefs by filing multiple motions. If a party believes this is one of the rare instances in which good cause exists for more than one motion for summary judgment or to increase page limits, the party -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 must seek leave by noticed motion setting forth a detailed showing of good cause. Pursuant to Federal Rule of Civil Procedure 56(f), when appropriate, based on undisputed facts and controlling principles of law, the Court may sua sponte enter summary judgment in favor of the non-moving party. The Court does not generally entertain cross-motions that seek to adjudicate the same legal issues. If parties wish to cross-move for summary judgment, counsel must meet and confer to discuss the substance of the anticipated motions and which party will move and which will oppose the single motion for summary judgment. To cross-move for summary judgment, the parties must file a stipulation explaining why cross motions are beneficial and expeditious. Parties need not wait until the motion cutoff date to bring motions for summary judgment or partial summary judgment. The hearing on any such motion must be set for a date in advance of the Final Pretrial Conference. This Court requires an extended briefing schedule for motions for summary judgment, as set forth below:  Motions for Summary Judgment: Must be filed at least seven (7) weeks before the hearing date.  Opposition: Must be filed at least five (5) weeks before the hearing date.  Reply: Must be filed at least four (4) weeks before the hearing date. The above briefing schedule is the default. The parties may stipulate to a modified schedule that is reasonable for all parties. Any briefing schedule must provide the Court at least 4 weeks between the reply deadline and the hearing date. The parties should prepare papers in a fashion that will assist the Court in processing and analyzing the volume of material (e.g., tables of contents, headings, indices, bookmarks in electronic documents, pinpoint citations, etc.). The parties must comply with Local Rules 56-1 and 56-2, in addition to the Court’s additional requirements described below. 1. Statements of Uncontroverted Facts and Genuine Disputes The separate statement of uncontroverted facts required under Local Rule 56-1 -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 must be prepared in a two-column table, as shown below. The left column sets forth the allegedly undisputed fact. The right column sets forth the evidence that supports the factual statement. The factual statements should be set forth in sequentially numbered paragraphs. Each paragraph should contain a narrowly focused statement of fact. Each numbered paragraph should address a single subject as concisely as possible. Undisputed Fact 1. Mike and Jane signed a contract for the sale and purchase of property. 2. Jane mailed the contract in May 2017. Evidence Smith Decl. (Dkt. No. 61-2) ¶ 5, Ex. 6. Smith Decl. ¶ 8, Ex. 21. The “Conclusions of Law” portion of the statement should be inserted after the statement of uncontroverted facts. For example: “Plaintiff’s Claim for _____ Is Barred by the Applicable Statute of Limitations.” The opposing party’s statement of genuine disputes of material fact must be in two columns and track the moving party’s separate statement exactly as prepared. The left column must restate the allegedly undisputed fact and the right column must state either that it is undisputed or disputed. The opposing party may dispute all or only a portion of the statement, but if disputing only a portion, it must clearly indicate what portion is being disputed, followed by a brief citation to the opposing party’s evidence controverting the fact. To demonstrate that a fact is disputed, the opposing party must briefly state why it disputes the moving party’s asserted fact, cite to the relevant exhibit or other evidence, and describe the reason(s) the exhibit or evidence refutes the asserted fact. No legal argument should be set forth in this document. For example: Allegedly Undisputed Fact and Evidence 1. Mike and Jane signed a contract for the sale and purchase of property. Smith Decl. (Dkt. No. 61-2) ¶ 5, Ex. 6. Disputed/Undisputed Fact and Evidence Disputed. Jane testified that the contract was for a lease, not a purchase. Jane Depo. (Smith -19- Allegedly Undisputed Fact and Evidence 2. Jane mailed the contract in May 2017. Smith Decl. ¶ 8, Ex. 21. Disputed/Undisputed Fact and Evidence Decl. Ex. 4) at 29:4-16. Disputed as to date. Jane testified she mailed the contract in June 2017. Jane Depo. at 3:4-10. The opposing party may submit additional material facts that bear on or relate to the issues raised by the moving party, which must follow the format described above for the moving party’s separate statement. These additional facts must continue in sequentially numbered paragraphs with the evidence that supports each statement set forth in the right column. With its reply, the moving party must file a response to the statement of genuine disputes of material fact and additional material facts. For each fact, the response must restate the allegedly undisputed fact and state whether the fact is disputed or undisputed by the opposing party. If the fact is undisputed, no further response is required. If the fact is disputed, the response must restate the opposing party’s evidence and reason for disputing the asserted fact. The moving party may provide a response to the opposing party’s reason for dispute, including any reason why the evidence cited by the opposing party does not create a genuine dispute and/or any additional evidence relevant to the asserted fact. This response may either be presented in three columns, with the response appearing in the right column, or in two columns, with a response provided below each fact. The response may also include any response to additional material facts asserted by the non-moving party, and this response must follow the format described above for the statement of genuine disputes of material fact. The response to these additional facts must continue in sequentially numbered paragraphs and must not restart the numbering. All facts asserted by either party, whether disputed or undisputed, and all 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- 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 supporting evidence cited, must be included in the response. Do not repeat descriptions of and citations to the evidence. If you have already described and cited the evidence once, simply refer to the earlier citation succinctly (e.g., “See supra, Fact #1.”). 2. Supporting Evidence No party must submit evidence other than the specific items of evidence or testimony necessary to support or controvert a proposed statement of undisputed fact. For example, entire deposition transcripts, entire sets of interrogatory responses, and documents that do not specifically support or controvert material in the separate statement must not be submitted in support of or in opposition to a motion for summary judgment. Evidence submitted in support of or in opposition to a motion for summary judgment should be submitted either by way of stipulation or as exhibits to declarations sufficient to authenticate the proffered evidence and should not be attached to the memorandum of points and authorities. Documentary evidence for which there is no stipulation regarding foundation must be accompanied by the testimony, either by declaration or properly authenticated deposition transcript, of a witness who can establish authenticity. 3. Objections to Evidence If a party disputes a fact based in whole or in part on an evidentiary objection, the ground for the objection should be stated succinctly in a separate statement of evidentiary objections in a two-column format. The left column should identify the items objected to (including page and line number if applicable) and the right column should set forth a concise objection (e.g., hearsay, lack of foundation, etc.) with a citation to the Federal Rules of Evidence or, where applicable, a case citation. A proposed order must be filed and attached to the evidentiary objections as a separate Word document consistent with Local Rule 52-4.1 and emailed directly to the -21- 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 Court’s chambers email address at [email protected]. IX. OTHER MATTERS ERISA Cases (Benefits Claims) 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 on any other issue. If they choose to do so, they must distinguish Kearney v. Standard Insurance Co., 175 F.3d 1084, 1093-95 (9th Cir. 1999) (en banc) in the moving papers and explain why summary judgment is not precluded. The parties may receive an Order Setting a Scheduling Conference as a matter of course. Because the ordinary pretrial and trial schedule does not apply to these ERISA cases, the parties need only submit a Joint Status Report identifying 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 (6) 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 paper. 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. // // // -22- X. CONSEQUENCES FOR NON-COMPLIANCE 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 the Court’s orders or rules, the Court must take any action it deems appropriate, including:  Where the failure occurs on the part of the plaintiff, dismissal of the case for failure to prosecute;  Where the failure occurs on the part of the defendant, striking the answer resulting in default; and/or  Imposing monetary sanctions against the offending party and counsel. IT IS SO ORDERED. Dated: ______________________________ SUNSHINE S. SYKES 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 -23-

=== Civil Trial Order (11-04-24) ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA PLAINTIFF’S NAME, Case No. Plaintiff/s, CIVIL TRIAL ORDER v. DEFENDANT’S NAME, Defendant/s. Rev. 11/04/2024 -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. SCHEDULE A. Scheduling Order The Scheduling Order governing this action is set forth in the Schedule of Pretrial and Trial Dates chart below. A copy of the chart can also be found on Judge Sykes’ webpage, at https://www.cacd.uscourts.gov/honorable-sunshine-s-sykes, under Order Setting Scheduling Conference at the bottom of the webpage. The box in the upper right-hand corner of the chart states whether the trial will be by jury or the Court. If the parties1 seek to set additional dates, they may file a Stipulation and Proposed Order. This may be appropriate in class actions, patent cases, or cases for benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”). Any party wishing to amend the dates established below may file a Motion or Stipulation for Continuance explaining why good cause exists to modify the existing pretrial and trial calendar. Any such Motion or Stipulation must be accompanied by a Proposed Order Granting Continuance, to be drafted according to the template provided on Judge Sykes’s website. This Proposed Order must include a Proposed Amended Schedule of Trial and Pretrial Dates. This Court’s pretrial deadlines are deliberately spaced to ensure that the parties will be able to thoroughly consider and brief all necessary motions, and so that the Court has sufficient time to evaluate the parties’ arguments, hold any necessary hearings, and issue its orders. Litigants are therefore advised that if the Court grants a request to continue one pretrial date, absent good cause, it is likely to postpone any subsequent dates consistent with its usual pretrial scheduling practices. The Court may order such postponements without notice to the litigants and may do so even where the parties have stipulated otherwise. The parties should refer to the Court’s Civil Standing Order for requirements 1 The term “parties” includes unrepresented parties—that is parties without attorneys, also referred to as “pro se litigants”—as well as counsel for represented parties. Rev. 11/04/2024 -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 regarding specific motions, discovery, certain types of filings, courtesy copies, emailing signature items to Chambers, alternative dispute resolution, and other matters pertaining to all cases. A copy of the Court’s Civil Standing Order is available on Judge Sykes’ webpage at https://www.cacd.uscourts.gov/honorable-sunshine-s-sykes. Both the Court and all counsel bear responsibility for the progress of this litigation. “Counsel,” as used in this Order, includes parties appearing pro se.2 All emailed submissions to Chambers referred to in this Order must be in Microsoft Word (“Word”) format and emailed to [email protected]. 2 This Court does not exempt pro se litigants from compliance with the Federal Rules of Civil Procedure, the applicable Local Civil Rules of the Central District of California (“Local Rules”), and this Court’s standing orders and online procedures and schedules. See Local Rules 1-3 and 83-2.2.3. Rev. 11/04/2024 -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 DISTRICT JUDGE SUNSHINE SYKES SCHEDULE OF PRETRIAL AND TRIAL DATES Case No.: Case Name: Trial and Final Pretrial Conference Dates Note: Trial must begin on Mondays at 9:00 a.m. Final Pretrial Conference must be on Fridays at 1:00 p.m. Court Order Trial Final Pretrial Conference (“FPTC”) [L.R. 16] Event Note: All deadlines must be on Fridays. Hearings must be on Fridays at 2:00 p.m. Last Date to Hear Motion to Amend Pleadings or Add Parties Fact Discovery Cut-Off (Last Day to Hear Discovery Motions) (no later than deadline for filing dispositive motions) Expert Disclosure (Initial) Expert Disclosure (Rebuttal) Expert Discovery Cut-Off Last Date to Hear Motions  Rule 56 Motions are due at least 7 weeks before hearing; Rule 56 Opposition due at least 5 weeks before hearing; Rule 56 Reply due at least 4 weeks before hearing.  Briefing deadlines for all other motions are pursuant to L.R. 6-1, 7-9, 7-10. Deadline to Complete Settlement Conference [L.R. 16-15] Deadline to File Motions in Limine Deadline for Oppositions to Motions in Limine Trial Filings  Memoranda of Contentions of Fact and Law [L.R. 16-4]  Witness Lists [L.R. 16-5]  Joint Exhibit List [L.R. 16-6.1]  Joint Status Report Regarding Settlement  Proposed Findings of Fact and Conclusions of Law [L.R. 52] (bench trial only)  Declarations containing Direct Testimony, if ordered (bench trial only)  Joint Proposed Final Pretrial Conference Order [L.R. 16-7]  Joint Agreed Upon Proposed Jury Instructions (jury trial only)  Disputed Proposed Jury Instructions (jury trial only)  Joint Proposed Verdict Forms (jury trial only)  Joint Proposed Statement of the Case (jury trial only)  Proposed Voir Dire Questions, if any (jury trial only)  Evidentiary Objections to Declarations of Direct Testimony (bench trial only) ☐ Jury Trial ☐ Bench Trial Estimated Duration: _ Days Court Order 6 weeks after Scheduling Conference 27 weeks before FPTC 26 weeks before FPTC 24 weeks before FPTC 22 weeks before FPTC 11 weeks before FPTC 8 weeks before FPTC ☐ 1. Magistrate Judge ☐ 2. Court Mediation Panel ☐ 3. Private Mediation 6 weeks before FPTC 4 weeks before FPTC 2 weeks before FPTC Hearing on Motions in Limine 1 week before FPTC Rev. 11/04/2024 -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 B. Final Pretrial Conference/Proposed Final Pretrial Conference Order The Court has set a Final Pretrial Conference (“FPTC”) pursuant to Federal Rule of Civil Procedure 16 and Local Rule 16-8. The Court requires strict compliance with Federal Rules of Civil Procedure 16 and 26, and Local Rule 16. Each party appearing in this action must be represented at the FPTC by lead trial counsel. The parties should be prepared to discuss streamlining the trial, including presentation of testimony by deposition excerpts or summaries, time limits, stipulation to undisputed facts, and qualification of experts by admitted resumes. A proposed Final Pretrial Conference Order (“Proposed FPTCO”) must be filed and emailed to Chambers at least two (2) weeks before the FPTC. A template for the Proposed FPTCO is available on Judge Sykes’ webpage. The parties must use this template. In specifying the surviving pleadings under Section 1 of the Proposed FPTCO, the parties are to state which claims or counterclaims have been dismissed or abandoned (e.g., “Plaintiff’s second cause of action for breach of fiduciary duty has been dismissed.”). Additionally, in multiple-party cases where not all claims or counterclaims will be prosecuted against all remaining parties on the opposing side, the parties are to specify to which party or parties each claim or counterclaim is directed. The parties must attempt to agree on and set forth as many uncontested facts as possible. The Court will read the uncontested facts to the jury at the start of trial. A carefully drafted and comprehensively stated stipulation of facts will shorten the trial and generally increase the jury’s understanding of the case. In drafting the factual issues in dispute, the parties should list the ultimate facts in dispute and should not argue the sufficiency of the evidence to prove or disprove each fact. The issues of fact should track the elements of a claim or defense on which the jury will be required to make findings. Issues of law should state legal issues on which the Court will be required to Rev. 11/04/2024 -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 rule during the trial and should not list ultimate fact issues to be submitted to the trier of fact. II. TRIAL PREPARATION The parties must comply with Local Rule 16. Pursuant to Local Rule 16-2, lead trial counsel for each party are required to meet and confer in person six (6) weeks in advance to prepare for the FPTC. The parties must comply with Local Rule 16-2, except where the requirements set forth in this Order differ from or supplement those contained in Local Rule 16. The Court may take the FPTC and trial off calendar or impose other sanctions for failure to comply with these requirements. A. Requirements for Pretrial Documents All pretrial documents, including any amended documents, must be filed and emailed to Chambers the day they are due. Additionally, parties must deliver a joint trial binder containing all pretrial documents, indexed and with accompanying table of contents, to the “Courtesy Box” located outside of Courtroom 2 on the 2nd floor at the United States District Court, 3470 12th Street, Riverside, California 92501, no later than 5:00 p.m on the day trial filings are due. 1. Motions in Limine Motions in limine (including Daubert motions3) must be noticed for hearing at least one (1) week before the FPTC and no less than one (1) week after trial filings are submitted. The Court may rule orally on motions in limine, instead of in writing. Motions in limine and oppositions must not exceed ten (10) pages in length. The parties are limited to five (5) motions each unless the Court grants leave to file additional motions. The Court does not allow parties to file a reply in support of their motions in limine, and any reply filed to that effect shall be stricken. Before filing a motion in limine, the parties must meet and confer to determine 3 The Court prefers that Daubert motions are heard at least 4 weeks in advance of all other motions in limine. Rev. 11/04/2024 -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 whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion. Motions in limine should address specific issues (e.g., not “to exclude all hearsay”). Motions in limine should not be disguised motions for summary adjudication of issues. The Mandatory Chambers Copy of all motions in limine and associated exhibits must be provided in a three-ring binder. Plaintiffs’ and Defendants’ motions should be placed together in a single 3-inch binder if possible; if these materials do not fit easily into a 3-inch binder, the parties may submit separate binders. In either case, each motion should be tabbed and accompanied by the corresponding Memorandum of Opposition. 2. Withdrawal of and Non-Opposition to Pretrial Motions Per Local Rule 7-16, any moving party who intends to withdraw its motion prior to the hearing date, or any opposing party who no longer intends to oppose a motion, must promptly file and serve a notice of withdrawal of the motion or opposition. Failure to comply with this notification requirement may result in sanctions against the offending counsel or party. 3. Joint Witness List The Joint Witness List must be in the format specified in Local Rule 16-5 and must include for each witness (1) a brief description of the testimony; (2) the reasons the testimony is unique and not redundant; and (3) a time estimate in hours for direct and cross-examination. The parties must use the template posted on Judge Sykes’ webpage. Any Amended Joint Witness List must be filed and emailed to Chambers by 12:00 p.m. (noon) on the Friday before trial. 4. Joint Exhibit List The Joint Exhibit List must be in the format specified in Local Rule 16-6 and must include an additional column stating any objections to authenticity and/or admissibility and the reasons for the objections. The parties must use the template posted on Judge Sykes’ webpage. Any Amended Joint Exhibit List must be filed and Rev. 11/04/2024 -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 emailed to Chambers by 12:00 p.m. (noon) on the Friday before trial. 5. Jury Instructions (Jury Trials Only) The parties must make every effort to agree upon jury instructions before submitting proposals to the Court. The Court expects the parties to agree on the substantial majority of instructions, particularly when pattern or model jury instructions exist and provide a statement of applicable law. The parties must meet and confer regarding jury instructions according to the following schedule:  Five (5) weeks before the FPTC: The parties must exchange proposed general and special jury instructions.  Four (4) weeks before the FPTC: The parties must exchange any objections to the instructions.  Three (3) weeks before the FPTC: The parties must meet and confer with the goal of reaching agreement on one set of Joint Proposed Jury Instructions.  Two (2) weeks before the FPTC: The parties must file and email to Chambers clean and/or redline sets of their (1) their Joint Agreed Upon Proposed Jury Instructions and (2) their Disputed Jury Instructions. The redline sets must include all modifications made by the parties to pattern or model jury instructions, any disputed language, and the factual or legal basis for each party’s position as to each disputed instruction. Where appropriate, the disputed instructions must be organized by subject, so that instructions that address the same or similar issues are presented sequentially. If there are excessive or frivolous disagreements over jury instructions, the Court will order the parties to meet and confer immediately until they substantially narrow their disagreements. Sources: When the Manual of Model Jury Instructions for the Ninth Circuit4 4 The Manual of Model Jury Instructions for the Ninth Circuit may be found on the Ninth Circuit’s website at https://www.ce9.uscourts.gov/jury-instructions/model-civil. Rev. 11/04/2024 -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 provides an applicable jury instruction, the parties should submit the most recent version, modified and supplemented to fit the circumstances of the case. Where California law applies, the parties should use the current edition of the Judicial Council of California Civil Jury Instructions5 (“CACI”). If neither applies, the parties should consult the current edition of O’Malley, et al., Federal Jury Practice and Instructions. The parties may submit alternatives to these instructions only if there is a reasoned argument that they do not properly state the law or are incomplete. The Court seldom gives instructions derived solely from case law. Format: 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. If a standard instruction has blanks or offers options (e.g., for gender6), the parties must fill in the blanks or make the appropriate selections in their proposed instructions. Counsel also must list the instructions in the order they will be given and indicate whether the instruction must be read before opening statements, during trial, or before closing arguments. Index: All proposed jury instructions must have an index that includes the number, title, source, and page number for each instruction, as illustrated below: Number Title Source Page Number 1 Trademark-Defined (15.U.S.C. § 1127) 9th Cir. 8.5.1 1 5 The CACI may be found on the California Court website at https://www.courts.ca.gov/partners/317.htm. 6 Per the Court’s Civil Standing Order, litigants and counsel may indicate their honorifics by filing a letter, adding the information in the name block or signature line of the pleadings, or verbally informing the Court when making an appearance. Rev. 11/04/2024 -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 During the trial and before closing argument, the Court will meet with the parties to finalize the instructions. At that time, the parties will have an opportunity to make an oral record concerning their objections. Each member of the jury will be given their own copy of the instructions during deliberations. Accordingly, counsel must email Chambers a “clean” set of all instructions in Word format, containing only the text of each instruction, set forth in full on each page, with the caption “Instruction No. __” (eliminating the title and source of the instruction, supporting authority, etc.). 6. Joint Verdict Forms (Jury Trials Only) The parties must make every effort to agree on a general or special verdict form before submitting proposals to the Court. If the parties are unable to agree on a verdict form, the parties must file and email to Chambers one document titled “Competing Verdict Forms” which must include: (1) the parties’ respective proposed verdict form; (2) a redline of any disputed language; and (3) the factual or legal basis for each party’s respective position. The Court may opt to use a general verdict form if the parties are unable to agree on a special verdict form. 7. Joint Statement of the Case (Jury Trials Only) The parties must file and email to Chambers a Joint Statement of the Case for the Court to read to the prospective jurors before commencement of voir dire. The joint statement should be brief, neutral, and not more than one page in length. 8. Proposed Voir Dire Questions (Jury Trials Only) Generally, a jury in a civil action will consist of eight (8) jurors. In most cases, the Court will begin the voir dire by questioning all prospective jurors who are seated in the jury box. The Court asks prospective jurors basic biographical questions (jurors’ place of residence, employment, whether familiar with the parties or counsel, etc.) and questions going to their ability to be fair and impartial and carry out the duties required. The Court may ask additional case-specific questions that are proposed by the parties. The parties may propose no more than 5 agreed upon Rev. 11/04/2024 -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 questions. If they cannot agree upon the 5 questions the parties may propose 2 questions each. The parties may file and email to Chambers any proposed case-specific voir dire questions for the Court’s consideration. If the Court considers the questions proper, it will pose the questions to the prospective jurors. After the Court finishes its initial inquiry, each party will have 20 minutes to voir dire the entire jury panel (includes those is the jury box and those in the gallery). Each side has three (3) peremptory challenges. All challenges for cause and all Batson challenges must be made at side bar or otherwise outside the prospective jurors’ presence. The Court will not necessarily accept a stipulation to a challenge for cause. After all challenges have been exercised, the remaining jurors in the eight (8) lowest numbered seats will be the jury. 9. Proposed Findings of Fact and Conclusions of Law (Bench Trials Only) For any trial requiring findings of fact and conclusions of law, each party must file and email to Chambers its Proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3. The parties may file and email to Chambers Supplemental Proposed Findings of Fact and Conclusions of Law during the trial. Once trial concludes, the Court may order the parties to file and email to Chambers Revised Proposed Findings of Fact and Conclusions of Law. 10. Declarations of Direct Testimony (Bench Trials Only) When ordered by the Court in a particular case, each party must file and email to Chambers declarations containing the direct testimony of each witness whom that party intends to call at trial. If such declarations are filed, each party must file and email to Chambers any evidentiary objections to the declarations submitted by any other party. Such objections must be submitted in the following three-column format: (1) the left column should contain a verbatim quote of each statement objected to (including page and line number); (2) the middle column should set forth Rev. 11/04/2024 -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 a concise legal objection (e.g., hearsay, lacks foundation, etc.) with a citation to the corresponding Federal Rule of Evidence or, where applicable, a case citation; and (3) the right column should provide space for the Court’s ruling on the objection. The Court anticipates issuing its ruling on the objections during the FPTC. III. TRIAL EXHIBITS Trial exhibits that consist of documents and photographs must be submitted to the Court in three-ring binders. The parties must submit to the Court three (3) sets of binders: one (1) original set of trial exhibits, and two (2) copies of trial exhibits. The original set of exhibits must be for use by the jury during its deliberations, and the copies are for the Court. The parties must prepare additional copies of exhibits for their own use and for use by witnesses. The CRD will pull the admitted exhibits and prepare a final admitted exhibits binder to be given to the jury. All exhibits placed in three-ring binders must be indexed by exhibit number with tabs or dividers on the right side. Exhibits must be numbered sequentially as 1, 2, 3, etc., not 1.1, 1.2, etc. See Local Rule 16-6. Every page of a multi-page exhibit must be numbered. Defendant’s exhibit numbers must not duplicate Plaintiff’s numbers. The spine of each binder must indicate the volume number and the range of exhibit numbers included in the volume. The original exhibits must bear the official exhibit tags (yellow tags for Plaintiff’s exhibits and blue tags for Defendant’s exhibits) affixed to the front upper right-hand corner of the exhibit, with the case number, case name, and exhibit number stated on each tag. Tags may be obtained from the Clerk’s Office, or the parties may print their own exhibit tags using Forms G-14A and G-14B on the “Court Forms” section of the Central District of California’s website. The copies of exhibits must bear copies of the official exhibit tags that were placed on the original exhibits and be indexed with tabs or dividers on the right side. In addition to the three (3) sets of binders above, the parties must also submit to the Court a USB flash drive containing any .pdf, audio, or video versions of all Rev. 11/04/2024 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 exhibits. The USB flash drive must be delivered to Judge Sykes’ “Courtesy Box” located outside of Courtroom 2 on the 2nd floor at the United States District Court, 3470 12th Street, Riverside, California 92501, no later than 12:00 p.m. (noon) on Friday, three (3) days before the start of trial. Plaintiff’s exhibits must be placed in a separate folder from Defendant’s exhibits, and the document file names must include the exhibit number and a brief description of the document (e.g., “Ex. 1 – Smith Declaration.pdf” or “Ex. 105 – Letter Dated 1-5-20.pdf”). The Court provides audio/visual equipment for use during trial. The parties are encouraged to use it. More information is available at http://www.cacd.uscourts.gov/clerk-services/courtroom-technology. The Court does not permit exhibits to be “published” to the jurors before they are admitted into evidence. Once admitted, exhibits may be displayed electronically using the equipment and screens in the courtroom. If electronic equipment must be brought into the courtroom for trial, counsel must make prior arrangements with the Court Security. Notice must be given to the CRD at [email protected] no later than four (4) days before trial. The parties must meet and confer no later than ten (10) days before trial to stipulate as much as possible to foundation, waiver of the best evidence rule, and exhibits that may be received into evidence at the start of the trial. All such exhibits should be noted as admitted on the Court and CRD’s copy of the exhibit list. IV. MATERIALS TO PRESENT ON FIRST DAY OF TRIAL The parties must present the following materials to the CRD on the first day of trial: 1. The three sets of binders described above, with one (1) original set of trial exhibits for the jury, and two (2) copies of trial exhibits for the Court. 2. Any excerpts of deposition transcripts to be used at trial, either as evidence or for impeachment. These lodged depositions are for the Rev. 11/04/2024 -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 Court’s use. The parties must use their own copies during trial. V. COURT REPORTER Any party requesting special court reporter services for any hearing, such as daily transcripts, must notify Court Reporting Services at least two (2) weeks before the hearing date.7 VI. DAILY SCHEDULE FOR JURY TRIALS On the first day of trial, the parties must appear at 8:30 a.m. to discuss preliminary matters with the Court. The Court will call a jury panel only when it is satisfied the case is ready for trial. Jury selection usually takes only a few hours. The parties should be prepared to proceed with opening statements and witness examination immediately after jury selection. Fridays are usually reserved for the Court’s calendar. As a result, trial will not be held on Fridays unless the jury is deliberating or the Court’s calendar allows trial to proceed. Therefore, trial days are generally Monday through Thursday. Trial days are from 8:30 a.m. to approximately 4:30 p.m., with two ten-minute breaks and a one-and- a-half hour lunch break. The exact dates and times of trial proceedings will be determined at the Final Pretrial Conference and on a case-by-case basis. The Court may consider the expected length of trial, the witnesses and evidence to be presented, and the availability of counsel and the parties. VII. CONDUCT OF ATTORNEYS AND PARTIES A. Meeting and Conferring Throughout Trial The parties must continue to meet and confer on all issues that arise during trial. The Court will not rule on any such issue unless the parties have attempted to resolve it first. Should the parties need to present any issues to the Court, they must first meet 7 Additional information regarding Court Reporting Services may be found on the Central District of California’s website at http://www.cacd.uscourts.gov/court- reporting-services. Rev. 11/04/2024 -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 and confer, and if they cannot resolve the issue informally, they can inform the CRD of the issue with sufficient time for the Court to address the issue without making the jury wait. B. Opening Statements, Witness Examinations, and Summation Counsel must use the lectern. Counsel should not consume jury time by writing out words and drawing charts or diagrams. All such aids must be prepared in advance. Counsel are not permitted to use any PowerPoint presentations during opening statement unless stipulated to by both parties. When appropriate, the Court will establish and enforce time limits for all phases of trial, including opening statements, closing arguments, and witness examinations. C. Objections to Questions Counsel must not make speaking objections before the jury or otherwise make speeches, restate testimony, or attempt to guide a witness. When objecting, counsel must rise to state the objection and state only that counsel objects and the legal grounds for the objection. If counsel wishes to argue an objection further, counsel must seek permission from the Court to do so. The counsel conducting the examination is the only counsel who may object. D. Closing Arguments and Post-Trial Briefs (Bench Trials Only) For an overview and review of the evidence presented during trial, the Court will rely on the parties’ closing arguments. In delivering closing arguments, the parties must use their respective proposed findings of fact and conclusions of law as a “checklist” and should identify the evidence that supports their proposed findings. The Court will not accept post-trial briefs unless it finds that circumstances warrant additional briefing and such briefing is specifically authorized. PowerPoints or other visual aids are permitted for closing arguments without stipulation. E. General Decorum While in Session 1. Counsel must not approach the CRD, the jury box, or the witness stand without court authorization and must return to the lectern Rev. 11/04/2024 -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 when the purpose for the approach has been accomplished. 2. Counsel must rise when addressing the Court, and when the Court or the jury enters or leaves the courtroom, unless directed otherwise.8 3. Counsel must address all remarks to the Court. Counsel must not address the Courtroom Deputy Clerk, the court reporter, persons in the audience, or opposing counsel. Any request to re-read questions or answers must be addressed to the Court. Counsel must ask the Court’s permission to speak with opposing counsel. 4. Counsel must not address or refer to witnesses or parties by first names alone, except for witnesses who are below age fourteen (14). 5. Counsel must not offer a stipulation unless counsel have conferred with opposing counsel and have verified that the stipulation will be acceptable. 6. Counsel must not leave counsel table to confer with any person in the back of the courtroom without the Court’s permission. 7. Counsel must not make facial expressions, nod, shake their heads, comment, or otherwise exhibit in any way any agreement, disagreement, or other opinion or belief concerning the testimony of a witness or argument by opposing counsel. Counsel must instruct their clients and witnesses not to engage in such conduct. 8. Counsel must never speak to jurors under any circumstance, and must not speak to co-counsel, opposing counsel, witnesses, or clients if the conversation can be overheard by jurors. Counsel 8 In the event that a disability prevents a party from doing so, the party is advised to inform the Court in advance. Rev. 11/04/2024 -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 must instruct their clients and witnesses to avoid such conduct. 9. Where a party has more than one lawyer, only one attorney may conduct the direct or cross-examination of a particular witness or make objections as to that witness. 10. Bottled water is permitted in the courtroom. Food and other beverages are not permitted. Cell phones must be silenced or may be confiscated. F. Promptness 1. The Court expects the parties, counsel, and witnesses to be punctual. Once the parties and their counsel are engaged in trial, the trial should be their priority. The Court will not delay progress of the trial or inconvenience jurors. 2. If a witness was on the stand at the time of a recess or adjournment, the party that called the witness must ensure the witness is back on the stand and ready to proceed as soon as trial resumes. 3. The parties must notify the CRD in advance if any party, counsel, or witness requires a reasonable accommodation based on a disability or other reason. 4. No presenting party may be without witnesses. If a party’s remaining witnesses are not immediately available, thereby causing an unreasonable delay, the Court may deem that party to have rested. 5. The Court generally will accommodate witnesses by permitting them to be called out of sequence. Counsel should meet and confer in advance and make every effort to resolve the matter. G. Exhibits 1. Counsel must keep track of their exhibits and exhibit list, and Rev. 11/04/2024 -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 record when each exhibit has been admitted into evidence. 2. Counsel are responsible for any exhibits they secure from the Courtroom Deputy Clerk and must return them before leaving the courtroom. 3. Any exhibit not previously marked must be accompanied by a request that it be marked for identification at the time of its first mention. Counsel must show a new exhibit to opposing counsel before the court session in which it is mentioned. 4. Counsel must inform the CRD of any agreements reached regarding any proposed exhibits, as well as those exhibits that may be received into evidence without a motion to admit. 5. When referring to an exhibit, counsel must refer to its exhibit number. Counsel should instruct their witnesses to do the same. 6. Counsel should not ask witnesses to draw charts or diagrams or ask the Court’s permission for a witness to do so. All demonstrative aids must be prepared fully in advance of the day’s trial session. 7. Counsel are required to seek to admit any items of evidence whose admissibility has not yet been stipulated to while the witness authenticating the exhibit is on the stand, so that any issues or concerns that arise may be addressed immediately. H. Depositions 1. In using deposition testimony of an adverse party for impeachment, counsel may adhere to either one of the following procedures: a. If counsel wishes to read the questions and answers as alleged impeachment and ask the witness no further questions on that subject, counsel must first state the page and line where the reading begins and the page and line Rev. 11/04/2024 -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 where the reading ends and allow time for any objection. Counsel may then read the portions of the deposition into the record. b. If counsel wishes to ask the witness further questions on the subject matter, the deposition must be placed in front of the witness and the witness told to read the relevant pages and lines silently. Then, counsel either may ask the witness further questions on the matter and thereafter read the quotations or read the quotations and thereafter ask further questions. Counsel should have available for the Court and the witness extra copies of the deposition transcript for this purpose. 2. Where a witness is absent and the witness’s testimony is to be offered by deposition, counsel may either: a. have an individual sit on the witness stand and read the testimony of the witness while the examining lawyer asks the questions; or b. have counsel read both the questions and the answers. 3. If a party, or the parties, intend to present any evidence by way of deposition, the presentation of such evidence must be done in accordance with Local Rule 16-2.7. In brief, Local Rule 16-2.7 requires: a. the party offering the evidence to identify on the original transcript the portion or portions it is offering by bracketing the questions and answers in the margins; b. the opposing party shall then likewise countermark any testimony that it plans to offer; c. the parties shall agree between themselves to use different Rev. 11/04/2024 -19- colors for their designations; d. and, at the time of lodging under L.R. 32-1, the party offering the evidence must serve and file a joint index on all parties and the Court that reflects (1) the portions of the depositions offered, (2) which party is offering them, (3) the pages and lines being offered, (4) any objections to each designation, and (5) the grounds for all objections. Counsel are required to meet and confer regarding any objections to designations before filing the index with the Court. I. Using Numerous Answers to Interrogatories and Requests for Admission Whenever counsel expects to offer a group of answers to interrogatories or requests for admissions extracted from one or more lengthy discovery responses, counsel should prepare a new document listing each question and answer and identifying the document from which it has been extracted. Copies of this new document must be provided to the Court and the opposing party. J. Advance Notice of Unusual or Difficult Issues If any party anticipates that a difficult question of law or evidence will necessitate legal argument requiring research or briefing, that party must give the Court advance notice. The parties must notify the CRD immediately of any unexpected legal issue that could not have been foreseen and addressed in advance. To the extent such issue needs to be addressed outside the jury’s presence, the relevant party must inform the CRD before jurors are excused for the day to minimize the time jurors are kept waiting. The Court expects all parties to work diligently to minimize delays and avoid keeping jurors waiting. 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 Rev. 11/04/2024 -20- 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 K. Continuances of Pretrial and Trial Dates Requests for continuances of pretrial or trial dates must be by motion, stipulation, or application9 and must be supported by a declaration setting forth the reasons for the request. The declaration must include a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance, dating back to the filing of the complaint, stating the steps the parties have taken to advance the litigation, demonstrating why the remaining steps could not have been performed within the applicable deadlines, and stating whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court. The Court will not grant requests to continue pretrial or trial dates absent this detailed showing. General statements are insufficient to establish good cause. If the parties jointly request a continuance, the request should clearly state that the plaintiff and defendant(s) agree. If the case is complex, one or more parties require additional time to prepare for trial, or other circumstances apply necessitating a continuance, the request should so state and describe in detail. A list of counsel’s upcoming scheduled trials in other actions will not support a showing of good cause. Any request for continuance of trial must be filed no later than one (1) week prior to the Final Pretrial Conference. Requests extending dates set by the Court are not effective unless approved by the Court. IT IS SO ORDERED. Dated: ______________________________ SUNSHINE S. SYKES United States District Judge 9 For the relevant standard for motion for continuance, please review the section titled “Continuances” in the Court’s Civil Standing Order. Rev. 11/04/2024 -21-

=== Criminal Standing and Trial Order (11-1-24) ===

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 UNITED STATES OF AMERICA, Case No. Plaintiff, v. CRIMINAL STANDING AND TRIAL ORDER DEFENDANT’S NAME, Defendant/s. Rev. 11/01/24 -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of United States District Judge Sunshine S. Sykes. Both the Court and the parties’ counsel bear responsibility for the progress of this action. To ensure the just determination of this action, “to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay,” as called for in Federal Rule of Criminal Procedure 2, all parties or their counsel, including pro se defendants,1 are ordered to be familiar with the Federal Rules of Criminal Procedure, the Local Criminal Rules of the Central District of California (“Local Criminal Rules”), the applicable Local Civil Rules of the Central District of California (“Local Civil Rules”),2 and this Court’s standing orders, online procedures, and schedules. Unless the Court orders otherwise, the following rules must apply. I. GENERAL REQUIREMENTS A. Invitation to Self-Identify Pronouns and Honorifics Counsel may indicate their pronouns and honorifics and those of the defendant by filing a letter adding the information in the name block or signature line of the pleadings, or verbally informing the Court when making an appearance. B. Telephonic and Video Appearances. The Court does not conduct telephonic hearings. By default, all hearings must proceed in-person, unless a request is made by the parties to appear via video appearance and granted by the Court. Requests for a remote Zoom appearance must be filed one (1) week before the hearing and must indicate that counsel has met and 1 Parties appearing pro se must comply with the Federal Rules of Criminal Procedure, Civil Procedure, and Evidence and the Local Rules. Local Civil Rules 1-3 and 83-2.2.3. 2 “When applicable directly or by analogy, the Local [Civil] Rules of the Central District of California must govern the conduct of criminal proceedings before the District Court, unless otherwise specified.” Local Criminal Rule 57-1. Rev. 11/01/24 -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 conferred with opposing counsel consistent with Local Civil Rule 7-3. C. Filings The captioned title of every filing must contain: (1) the name of the first-listed defendant as well as the name(s) and number(s) of the particular defendant(s) to whom the filing applies (in the order listed in the Indictment), unless the document applies to all defendants; (2) the individual defendant’s registration number when applicable to the relief requested (e.g., requests for transfer, medical requests); and (3) the milestone dates for Indictment, Final Pretrial Conference, Trial, and Last Day of the speedy trial period. All parties must docket items only as to the particular defendant(s) to whom the item pertains, rather than all defendants, unless the item pertains to all. Except for documents filed under seal or in camera, every document must be filed electronically in such a way that it is clear from the docketing entry to which defendant(s) it applies. The outer envelope containing any document filed under seal or in camera should identify the case title by the first-listed defendant and case number only and should state that the document is being filed under seal or in camera. Pursuant to Local Civil Rule 11-3.1.1, either a proportionally spaced or monospaced font may be used. All briefing must use Times New Roman font. Text must be no less than size fourteen (14) point font; footnotes must be no less than size twelve (12) point font. Counsel must follow the Central District’s Local Rules and General Orders concerning electronic filing, unless superseded by this Order. Counsel must adhere to Local Civil Rule 5-4.3 with respect to the conversion of all documents to .pdf so that when a document is filed, it is in the proper size and is .pdf searchable. Further, all documents must be filed in a format so that text can be selected, copied, and pasted directly from the document. See Local Civil Rule 5-4.3.1. D. Applications to File Under Seal Local Rule 79-5 governs applications to file documents under seal. Local Rule Rev. 11/01/24 -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 79-5.2.2 explains how to apply to file under seal and how to proceed if leave is granted. Parties must comply with all provisions of Local Rule 79-5. There is a strong presumption of access to judicial records in civil actions. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 2016) (citing Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003 . For each document or other type of information a party seeks to file under seal, the party must identify the factual and/or legal justification that establishes “good cause” or “compelling reasons” for the information to be protected. Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178–80 (9th Cir. 2006). The “compelling reasons” standard applies when either the document itself or the motion to which the document is attached is more than tangentially related to the merits of the case. Ctr. for Auto Safety, 809 F.3d at 1096–97, 1099, 1101. When the document is attached to a motion that is unrelated or only tangentially related to the merits of the case, “a party need only satisfy the less exacting ‘good cause’ standard.” Id. at 1097 (citing Foltz, 331 F.3d at 1135). Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file a complete version of the documents under seal and a redacted version for public viewing, omitting only the portions that the Court has authorized to be filed under seal. Sealing must be justified for each individual item. Blanket claims of confidentiality will result in the application to seal being denied. Counsel are strongly encouraged to consider carefully whether sealing or redaction is absolutely required for a given piece of evidence or argument. An application to seal that includes meritless requests to seal or redact documents will be denied. The parties must also meet and confer before filing an application to seal. If the parties intend to file multiple applications to seal, they are encouraged to file a joint application to seal that identifies (1) the record evidence that all parties agree should be sealed and (2) Rev. 11/01/24 -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 record evidence each party separately desires to be sealed. All applications to seal must be filed at least two weeks before the anticipated motion is filed. E. Mandatory Chambers Courtesy Copies and Emailed Submissions The Court requires chambers copies of any motion papers or related exhibits, plea agreement(s), sentencing memoranda, and objections to the pre-sentence reports. The Court refers the parties to the trial requirements listed below for details regarding mandatory chambers copies of trial exhibits. This Order is not intended to affect the parties’ ability to file and lodge documents and materials that are exempt from electronic filing under Local Criminal Rule 49-1.2. Submissions emailed to Chambers pursuant to this Order must be in Microsoft Word (“Word”) format and emailed to [email protected]. F. In-Custody Matters The Court calls in custody matters at 10:00 a.m. Defense counsel should make every effort to meet with their client before the hearing. If defense counsel needs additional time to meet with their client by the time their case is called, the Court will call other cases before that case will be called. G. Calendar Conflicts If any counsel discovers a calendar conflict with a scheduled appearance in a court of a more senior district judge, counsel must inform opposing counsel and the Courtroom Deputy Clerk (“CRD”) via Chambers’ email address at: [email protected] at least three business days before the scheduled appearance. Counsel should attempt to agree on a new date to accommodate the calendar conflict. Counsel must propose a new date by filing a Stipulation and (Proposed) Order. The Court requires an attorney of record to appear at all hearings and will not permit others to stand in on his or her behalf. If an attorney of record cannot appear at a scheduled hearing due to unforeseen circumstances, the parties should follow the procedure outlined above as soon as the conflict arises. Rev. 11/01/24 -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 H. Proposed Orders Each party filing or opposing a motion or seeking the determination of any matter must serve and lodge a detailed proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. In addition, a copy of the proposed order in Word format must be emailed to Chambers on the day the document is filed. The parties must use the template for proposed orders available on Judge Sykes’ webpage3 and submit in Word format. Failure to use the provided template or submit in Word format may result in the Court striking the motion, application, or stipulation without consideration of the request on its merits. II. Pre-Trial Procedures A. Continuances Requests for continuances of pretrial or trial dates must be by motion, stipulation, or ex parte application4 and must be supported by a declaration setting forth the reasons for the request. The declaration must include a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance, dating back to the filing of the complaint, stating the steps the parties have taken to advance the litigation, demonstrating why the remaining steps could not have been performed within the applicable deadlines, and stating whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court. The Court will not grant requests to continue pretrial or trial dates absent this detailed showing. General statements are insufficient to establish good cause. If the parties jointly request a continuance, the request should clearly state that the government and defendant(s) agree. If the case is complex, one or more parties 3 https://www.cacd.uscourts.gov/honorable-sunshine-s-sykes. 4 See infra Section II.C. Rev. 11/01/24 -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 require additional time to prepare for trial, or other circumstances apply necessitating a continuance, the request should so state and describe in detail. A list of counsel’s upcoming scheduled trials in other actions will not support a showing of good cause absent the following information regarding each such action listed: (1) the case name, case number, court where the action is pending, and the initials of the district judge or name of the state court judge assigned to each action; (2) the age of the action; (3) the nature of the offense(s) charged and complexity of the action; (4) the scheduled trial date; (5) the estimated length of trial; (6) the number of continuances previously granted; (7) the parties’ trial readiness; (8) the estimated likelihood a future continuance will be requested; and (9) the likelihood the trial will proceed on the scheduled date. Any request for continuance of trial must be filed no later than (1) week prior to the Final Pretrial Conference. Requests extending dates set by the Court are not effective unless approved by the Court. B. Motions The parties are reminded of their obligation under Local Civil Rule 7-3 and Local Criminal Rule 57-1 to meet and confer to attempt to resolve disputes before filing a motion. Motions must be filed in accordance with Federal Rule of Criminal Procedure 47 and Local Criminal Rule 49, et seq., unless superseded by this Order. The Court hears motions in criminal actions on Fridays, beginning at 9:00 a.m. Non-Custody cases are heard starting at 9:00 a.m. and Custody cases are heard starting at 10:00 a.m. Pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, and motions concerning character evidence under Federal Rule of Evidence 404(b), must be noticed for a Friday that is mutually agreed to by counsel. It is not necessary to clear a hearing date with the CRD before filing a motion. The parties should not calendar a matter on a Friday that is a court holiday. If this occurs, the Rev. 11/01/24 -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 Court will re-calendar the matter for another Friday. For all motions other than motions in limine, the briefing schedule is as follows:  Motions must be filed at least five (5) weeks prior to the hearing;  Briefs in opposition or notices of non-opposition must be filed at least three (3) weeks prior to the hearing; and  Replies, if any, must be filed at least two (2) weeks prior to the hearing. All motions must be properly noticed for hearing no later than the date of the Final Pretrial Conference. The parties must adhere to the briefing schedule set forth herein to afford the Court adequate time to prepare for the hearing; however, the parties may stipulate to an alternate briefing schedule contingent upon approval by the Court. Failure to comply with these deadlines may result in the Court declining to consider the untimely document. Local Criminal Rule 57-1; Local Civil Rule 7-12. Memoranda of Points and Authorities in support of or in opposition to motions (except motions in limine) must not exceed twenty-five (25) pages. Replies must not exceed twelve (12) pages. Pursuant to Local Civil Rule 11-8, all Memoranda of Points and Authorities exceeding ten (10) pages must be accompanied by a Table of Authorities and a Table of Contents. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations. No supplemental brief must be filed without prior leave of Court. C. Ex Parte Applications Ex parte applications are solely for extraordinary relief and are disfavored. The Court may impose sanctions for misuse of ex parte applications. The Court considers ex parte applications on the papers and does not usually set these matters for hearing. If a hearing is necessary, the Court will notify the parties. Ex parte applications that fail to conform to Local Civil Rules 7-19 and 7-19.1, including a statement of opposing counsel’s position, will not be considered except upon a specific showing of good cause. All ex parte applications must contain an Rev. 11/01/24 -8- explanation of why ex parte relief is justified.5 Failure to do so will result in the denial of the application. The moving party must serve the opposing party electronically, if possible. A party is considered served once the ex parte application has been e-filed. All parties registered for electronic service are sent a notification of ECF filing each time a document is e-filed with a link to the document for one free view. Defendants exempt from electronic service must be served the ex parte application by facsimile or personal service. See Local Criminal Rules 49-1.2, 49-1.3.2(b); Local Civil Rule 5-3. Following service of the ex parte application by electronic, facsimile, or personal service, the moving party must notify the opposing party that any opposition must be filed no later than twenty-four (24) hours following service. Counsel will be notified by ECF of the Court’s ruling. If a party does not intend to oppose an ex parte application, counsel must promptly inform the CRD. Ex parte applications to allow defendants to travel should be made well in advance of the proposed date of travel. Counsel should state whether the Pretrial Services Officer has approved the travel. Applications by defendants with appointed counsel must indicate who will pay for the travel and related expenses. If these expenses are not to be paid by the defendant’s employer, the Court may require 5 Ex parte relief is justified if the applying party can show that “(1) there is a threat of immediate or irreparable injury; (2) there is danger that notice to the other party may result in the destruction of evidence or the party’s flight; or (3) the party seeks a routine procedural order that cannot be obtained through a regularly noticed motion (i.e., to file an overlong brief or shorten the time within which a motion may be brought).” United States v. Overby, No. 5:23-cr-00151-SSS (C.D. Cal. Oct. 27, 2023) (granting order for motion for reconsideration and articulating ex parte legal standard to be applied in criminal cases) (quoting Horne v. Wells Fargo Bank, N.A., 969 F. Supp. 2d 1203, 1205 (C.D. Cal. 2013 . “An applying party must also show that ‘it is without fault in creating the crisis that requires ex parte relief, or that the crisis occurred as a result of excusable neglect.’” Id. at 5-6 (quoting Mission Power Eng’g Co. v. Cont’l Cas. Co., 883 F. Supp. 488, 492 (C.D. Cal. 1995 . 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 Rev. 11/01/24 -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 declarations under penalty of perjury from the persons paying the expenses. D. Motions in Limine Motions in limine will generally be heard and ruled upon at the Final Pretrial Conference. Each side is limited to five (5) motions in limine unless the Court grants leave to file additional motions. Motions in limine must be filed at least four (4) weeks before the Final Pretrial Conference. Oppositions must be filed at least two (2) weeks before the Final Pretrial Conference. There must be no replies. Motions in limine and oppositions must not exceed ten (10) pages in length. Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion. Motions in limine should address specific issues (e.g., not “to exclude all hearsay”). The Court may strike without further notice excessive, unvetted, or untimely motions in limine. The Mandatory Chambers Copy of all motions in limine and associated exhibits must be provided in a three-ring binder. The government’s and Defendants’ motions should be placed together in a single 3-inch binder if possible; if these materials do not fit easily into a 3-inch binder, the parties may submit separate binders. In either case, each motion should be tabbed and accompanied by the corresponding Memorandum of Opposition. E. Notice and Discovery Counsel must comply with all notice and discovery obligations set forth in Federal Rules of Criminal Procedure 12, 12.1–12.4, 15, and 16. The government must promptly produce to counsel for the defendant any evidence falling within the scope of Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), Roviaro v. United States, 353 U.S. 53 (1957), and United States v. Henthorn, 931 F.2d 29 (9th Cir. 1991). The parties are encouraged to produce witness statements pursuant to 18 U.S.C. § 3500 and Federal Rule of Criminal Procedure 26.2 sufficiently in advance of trial or other proceeding to avoid delays. Rev. 11/01/24 -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 Defense counsel is reminded of its reciprocal discovery obligations pursuant to Federal Rule of Criminal Procedure 26 and should promptly produce such materials to avoid delay at trial. Counsel for the government must also disclose to counsel for the defendant the existence or non-existence of (1) evidence obtained by electronic surveillance and (2) testimony by a government informant. A violation of this Order or the government’s obligations under Brady, Giglio, Roviaro, or Henthorn may lead to a finding of contempt, imposition of sanctions, referral to a disciplinary authority, adverse jury instructions, exclusion of evidence, or dismissal of charges. Counsel must meet and confer to resolve discovery disputes informally prior to filing a motion to compel discovery. All discovery motions must state with particularity what is requested, the basis for the request, whether the discovery at issue has been requested, and opposing counsel’s response to each such request. The Court may decline to hear discovery motions made without prior consultation with opposing counsel. F. Bail Review Any request for bail review made under 18 U.S.C. § 3142(f)(2)(b) based on changed circumstances or information not previously presented to the Magistrate Judge must be addressed in the first instance to the Magistrate Judge and must be served on both opposing counsel and Pretrial Services. Counsel is reminded to use form CR-88 when making such a request. III. FINAL PRETRIAL CONFERENCE REQUIREMENTS No later than (1) week before the Final Pretrial Conference, the government must file the following documents: trial memorandum; witness list; exhibit list; case-specific glossary for the Court Reporter; joint jury instructions in the form described below; joint proposed verdict form; joint statement of the case, and proposed voir dire questions, if any. Parties must deliver a joint trial binder containing all pretrial documents, indexed and with accompanying table of contents, to the “Courtesy Box” located outside of Courtroom 2 on the 2nd floor at the United Rev. 11/01/24 -11- States District Court, 3470 12th Street, Riverside, California 92501, no later than 5:00 p.m on the day trial filings are due. The requirements for these documents are set forth below. A. Trial Memorandum The government’s trial memorandum must set forth: (1) a factual summary of the government’s case-in-chief; (2) a statement of the charges and the elements of each charge; (3) a time estimate of the length of the government’s case-in-chief, including anticipated cross-examination; and (4) a discussion of relevant legal and evidentiary issues as applied to the facts of the case. The government must meet and confer with counsel for the defense and specify in the trial memorandum whether the parties agree or disagree on the matters therein. B. Witness Lists Witness lists must be in the format specified in Local Civil Rule 16-5, and must identify all potential witnesses, including for each witness: (1) a brief description of the testimony; (2) the reasons the testimony is unique and not redundant; and (3) a time estimate in hours for direct and cross-examination. The parties must use the template posted to Judge Sykes’ webpage. Any Amended Witness List must be filed and emailed to Chambers in Word format by 12:00 p.m. (noon) on the Friday before trial. C. Exhibit Lists Exhibit lists must be in the format specified in Local Civil Rule 16-6 and must include an additional column stating any objections to authenticity and/or admissibility and the reasons for the objections. The parties must use the template posted to Judge Sykes’ webpage. The list should include defense exhibits to the extent the defense does not object to disclosure. Any Amended Exhibit List must be filed and emailed to Chambers in Word format by 12:00 p.m. (noon) on the Friday before trial. 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 Rev. 11/01/24 -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 D. Case-Specific Glossary The parties must provide a case-specific glossary for the Court Reporter that includes applicable medical, scientific, or technical terms, gang terms, slang, case names likely to be cited, street/city/country names, all parties/agents/departments/entities involved in the case, names of people interviewed/deposed, names of family members, friends, or others who might be mentioned, and other case-specific terminology. E. Jury Instructions When possible, all instructions should be taken from the Manual of Model Criminal Jury Instructions for the Ninth Circuit. Where no Ninth Circuit model instruction applies, counsel should consult the instructions from O’Malley, et al., Federal Jury Practice and Instructions. The parties may submit alternatives to the Ninth Circuit model jury instructions or O’Malley instructions only if counsel has a reasoned argument that those instructions do not properly state the law or are incomplete. The Court seldom gives instructions derived solely from case law. The parties must make every effort to agree upon jury instructions before submitting proposals to the Court. The Court expects the parties to agree on most instructions, particularly when pattern or model jury instructions exist, and provide a statement of applicable law. The parties must meet and confer regarding jury instructions in a timely manner. Each proposed instruction must be (1) numbered, (2) on a separate page, (3) set forth in full, (4) cite the authority or source of the instruction, (5) cover only one subject or principle of law, and (6) not repeat principles of law contained in any other proposed instruction. If a standard instruction has blanks or offers options (e.g., for gender), the parties must fill in the blanks or make the appropriate selections. For any disputed instruction, the opponent must state on a separate page following the disputed instruction (1) the basis for the objection, (2) authority supporting the objection, and (3) an alternative instruction (if applicable). On the Rev. 11/01/24 -13- following page, the proponent must briefly respond to the objection with supporting authority. Where appropriate, the disputed instructions must be organized by subject, so that instructions that address the same or similar issues are presented sequentially. If there are excessive or frivolous disagreements over jury instructions, the Court will order the parties to meet and confer until the parties narrow their disputes. All proposed jury instructions must also include an index that lists the number, title, source, and page number for each instruction, as illustrated below: Number 1 Title Conspiracy-Elements Source 9th Cir. 8.5.1 Page Number 1 Counsel also must list the instructions in the order they will be given and indicate whether the instruction must be read before opening statements, before closing arguments, or after closing arguments. During the trial and before closing argument, the Court will meet with the parties to finalize the instructions. One or more copies of the instructions will be given to the jury during deliberations. Accordingly, counsel must email Chambers a “clean” set of all instructions in Word format, containing only the text of each instruction, set forth in full on each page, with the caption “Instruction No. ___” (eliminating the title and source of the instruction, supporting authority, etc.). F. Joint Proposed Verdict Forms The parties must make every effort to agree on a general or special verdict form before submitting proposals to the Court. If the parties are unable to agree on a verdict form, the parties must file and email to Chambers one document titled “Competing Verdict Forms” which must include (1) the parties’ respective proposed verdict forms, (2) a redline of any disputed language, and (3) the factual or legal basis for each party’s position. The Court may opt to use a general verdict form if the parties are unable to agree on a special verdict form. 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 Rev. 11/01/24 -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 G. Joint Statement of the Case The parties must file and email to Chambers a Joint Statement of the Case for the Court to read to the prospective jurors before commencement of voir dire. The joint statement should be brief, neutral, and not more than one page in length. H. Proposed Voir Dire Questions The Court will conduct voir dire. In most cases, the Court will question all prospective jurors in the jury panel. The Court asks prospective jurors basic biographical questions (place of residence, employment, whether familiar with the parties or counsel, etc.), as well as questions going to their ability to be fair and impartial and carry out the duties required. The Court may ask additional case- specific questions. The parties may file and email to Chambers no more than five jointly proposed case-specific voir dire questions for the Court’s consideration. If it considers the questions proper, the Court will pose the questions to the prospective jurors. All challenges for cause and all Batson challenges must be made at sidebar or otherwise outside the prospective jurors’ presence. The Court will not necessarily accept a stipulation to a challenge for cause. IV. TRIAL PROCEDURES Trial days are generally Monday through Thursday, from 9:00 a.m. to 4:30 p.m. with two ten-minute breaks and a one-and-a-half hour lunch break. Fridays are usually reserved for the Court’s calendar. As a result, trial will not be held on Fridays unless the jury is deliberating or the Court’s calendar allows trial to proceed. The exact dates and times of trial proceedings will be determined at the Final Pretrial Conference and on a case-by-case basis. The Court may consider the expected length of trial, the witnesses and evidence to be presented, and the availability of counsel and the parties. On the first day of trial, the parties must appear at 8:30 a.m. to discuss preliminary matters with the Court. Thereafter, legal and administrative matters will Rev. 11/01/24 -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 be addressed between 8:30 a.m. and 9:00 a.m. or 1:00 p.m. and 1:30 p.m. All counsel are urged to anticipate matters that may need to be addressed outside of the presence of the jury and to raise them during this period, during breaks, or at the end of the day. The Court does not make jurors wait while counsel discuss matters that should or could have been addressed at other times. Counsel are urged to consider any unusual substantive or evidentiary issues that may arise, and to advise the Court of such issues. Short briefs addressing such disputed issues are welcome. Before trial begins, and as soon as the information becomes available to counsel, counsel should advise the Court of any concerns or accommodations that are requested for parties or witnesses. During trial, if there are any matters to be discussed outside the presence of the jury, counsel must advise the CRD of the request. The Court discourages sidebars during trial unless the issue cannot be resolved at an upcoming break. The Court will call a jury panel only when it is satisfied the case is ready for trial. Jury selection usually takes only a few hours. The parties should be prepared to proceed with opening statements and witness examination immediately after jury selection. A. Court Reporter Requests Any party requesting special court reporter services (e.g., daily transcripts) must notify Court Reporting Services at least two (2) weeks prior to trial.6 B. Timing of Government Materials The government must present the following materials to the CRD the first day of trial: 1. 2. Three (3) copies of the indictment/information; Three (3) copies of the government’s witness list; 6 Additional information regarding Court Reporting Services may be found on the Central District of California’s website at http://www.cacd.uscourts.gov/court- reporting-services. Rev. 11/01/24 -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 3. 4. Three (3) copies of the government’s exhibit list; and All government exhibits in accordance with Section IV.D below. C. Timing of Defense Materials Defense counsel must provide the government and the CRD the defense’s witness list and exhibit list at the start of the defense’s case, at the latest. Defense counsel must also simultaneously email to Chambers a Word version of the defense’s witness list and exhibit list. Defense exhibits must be submitted at the same time in accordance with IV.D below. D. Trial Exhibits Trial exhibits that consist of documents and photographs must be submitted to the Court in three-ring binders. The parties must submit to the Court three (3) sets of binders: one (1) binder with the original set of trial exhibits, and two (2) binders with copies of trial exhibits. The original set of exhibits must be for use by the jury during its deliberations, and the two sets of copies are for the Court. The parties should prepare additional copies of exhibits for their own use and for use by witnesses. The CRD will pull the admitted exhibits and prepare a final admitted exhibits binder to be given to the jury. All exhibits placed in three-ring binders must be indexed by exhibit number with tabs or dividers on the right side. Exhibits must be numbered sequentially: 1, 2, 3, etc., not 1.1, 1.2, etc. See Local Civil Rule 16-6. Every page of a multi-page exhibit must be numbered. Defendant’s exhibit numbers must not duplicate the government’s numbers. The spine of each binder must indicate the volume number and the range of exhibit numbers included in the volume. The original exhibits must bear the official exhibit tags (yellow tags for the government’s exhibits and blue tags for defendant’s exhibits) affixed to the front upper right-hand corner of the exhibit, with the case number, case name, and exhibit number stated on each tag. Tags may be obtained from the Clerk’s Office, or the parties may print their own exhibit tags using Forms G-14A and G-14B on the “Court Rev. 11/01/24 -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 Forms” section of the Central District of California’s website: http://www.cacd.uscourts.gov/forms/exhibit-tags-plaintiff-defendant. The copies of exhibits must bear copies of the official exhibit tags that were placed on the original exhibits and be indexed with tabs or dividers on the right side. In addition to the three (3) sets of binders mentioned above, the parties must also submit to the Court a USB flash drive containing .pdf versions of all exhibits one (1) week before the start of trial. The USB flash drive should be delivered to Judge Sykes’ “Courtesy Box” located outside of Courtroom 2 on the 2nd floor at the United States District Court, 3470 12th Street, Riverside, California 92501. The government’s exhibits should be placed in a separate electronic folder from defendant’s exhibits, if any, and the document file names must include the exhibit number and a brief description of the document, for example: “Ex. 1 - Smith Declaration.pdf” or “Ex. 105 - Letter Dated 1-5-20.pdf.” The Court provides audio/visual equipment for use during trial. The parties are encouraged to use it. More information is available at: http://www.cacd.uscourts.gov/clerk-services/courtroom-technology. If counsel wishes to arrange for the use of additional equipment beyond what is ordinarily available in the courtroom, counsel must email Chambers at least one (1) week before trial so that the necessary arrangements may be made. The Court does not permit exhibits to be “published” to the jurors before they are admitted into evidence. Once admitted, exhibits may be displayed electronically using the equipment and screens in the courtroom. Weapons or contraband used as exhibits must remain in the custody of a law enforcement agent during the pendency of the trial. It must be the responsibility of the agent to produce any such items for court, secure them at night, and guard them at all times while in the courtroom. The party using any such exhibit must notify the United States Marshals Service well in advance if weapons or contraband are to be brought into the courthouse. Rev. 11/01/24 -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 Counsel must not attempt to display or use any charts or enlargements of exhibits unless all counsel have agreed to their use or objections have been heard and a ruling has been made by the Court. V. CONDUCT OF ATTORNEYS AND PARTIES A. Meeting and Conferring Throughout Trial The parties must continue to meet and confer on all issues that arise during trial. The Court will not rule on any issue unless the parties attempt to resolve it first. B. Opening Statements, Witness Examinations, and Summation Counsel must not discuss the law or argue the case in opening statements. Counsel must use the lectern. Counsel should not consume jury time by writing out words and drawing charts or diagrams. All such aids must be prepared in advance. Counsel are not permitted to use any PowerPoint presentations during opening statements unless stipulated to by both parties. When appropriate, the Court will establish and enforce time limits for all phases of trial, including opening statements, witness examinations, and closing arguments. C. Objections to Questions Counsel must not make speaking objections before the jury or otherwise make speeches, restate testimony, or attempt to guide a witness. When objecting, counsel must rise7 to state the objection and state only that counsel objects and the legal grounds for the objection. If counsel wishes to argue an objection further, counsel must seek permission from the Court. D. General Decorum While in Session 1. Counsel must not approach the CRD, jury box, or witness stand without Court authorization. Counsel must return to the lectern when the purpose for the approach has been accomplished. 7 Any party who is unable to rise, by reason of disability or otherwise, should inform the Court in advance. Rev. 11/01/24 -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Counsel must rise when addressing the Court, and when the Court or the jury enters or leaves the courtroom, unless directed otherwise. 3. Counsel must address all remarks, including any requests to repeat questions or answers, to the Court. Counsel must not address the CRD, the Court Reporter, persons in the gallery, or opposing counsel. Counsel must ask the Court’s permission to speak with opposing counsel. 4. Counsel must not address or refer to witnesses or parties by first names alone, except for witnesses who are below age fourteen (14). 5. Counsel must address or refer to witnesses’ counsel, parties, and court personnel by their surnames, pronouns, and honorifics, unless leave to do otherwise is granted. 6. Counsel must not offer any stipulation before conferring with opposing counsel and securing their agreement. Any stipulation of fact requires the defendant’s personal concurrence, must be explained to the defendant in advance, and must be submitted to the Court in writing for approval. 7. Counsel must remain at counsel table throughout trial except to examine witnesses, or as otherwise needed to present evidence. Counsel must not leave counsel table to sit in the gallery or confer with any person in the back of the courtroom without the Court’s permission. 8. Counsel must refrain from interrupting any other person in the courtroom when someone else is speaking. 9. Counsel must not make facial expressions, nod, shake their heads, comment, or otherwise exhibit in any way any agreement, Rev. 11/01/24 -20- 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 disagreement, or other opinion or belief concerning the testimony of a witness or argument by opposing counsel. Counsel must instruct their clients and witnesses not to engage in such conduct. 10. Counsel must never speak to jurors under any circumstance and must not speak to co-counsel, opposing counsel, witnesses, or clients if the conversation can be overheard by jurors. Counsel must instruct their clients and witnesses to avoid such conduct. 11. Where a party has more than one lawyer, only one attorney may conduct the direct or cross-examination of a particular witness or make objections as to that witness. 12. Bottled water is permitted in the courtroom. Food and other beverages are not permitted. Cell phones must be silenced or may be confiscated. E. Promptness 1. The Court expects the parties, counsel, and witnesses to be punctual. Once the parties and their counsel are engaged in trial, the trial must be their priority. The Court will not delay progress of the trial or inconvenience jurors. 2. If a witness was on the stand at the time of a recess or adjournment, the party that called the witness must ensure the witness is back on the stand and ready to proceed as soon as trial resumes. 3. The parties must notify the CRD in advance if any party, counsel, or witness requires a reasonable accommodation based on a disability or another reason. 4. No presenting party may be without witnesses. If a party’s remaining witnesses are not immediately available, thereby causing an unreasonable delay, the Court may deem that party to Rev. 11/01/24 -21- 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 have rested. 5. The Court will generally accommodate witnesses by permitting them to be called out of sequence. Counsel should meet and confer in advance and make every effort to resolve the matter. F. Exhibits 1. No document must be placed before a witness unless a copy has first been provided to the Court and opposing counsel. The Court does not permit exhibits to be “published” to the jury by passing them up and down the jury box. Exhibits may be displayed briefly using the screen in the courtroom unless the process becomes too time-consuming. 2. Counsel must keep track of their exhibits and exhibit list and record when each exhibit has been admitted into evidence. 3. Counsel are responsible for any exhibits they secure from the CRD and must return them before leaving the courtroom. 4. Any exhibit not previously marked must be accompanied by a request that it be marked for identification at the time of its first mention. Counsel must show a new exhibit to opposing counsel before the court session in which it is mentioned. 5. Counsel must inform the CRD of any agreements reached regarding any proposed exhibits, including any exhibits that may be received into evidence without a motion to admit. 6. Counsel must refer to exhibits by exhibit number and instruct their witnesses to do the same. 7. Counsel should not ask witnesses to draw charts or diagrams or ask the Court’s permission for a witness to do so. All demonstrative aids must be prepared in advance of the day’s trial session. 8. For any items of evidence whose admissibility has not been Rev. 11/01/24 -22- stipulated to, counsel must seek to admit such items while the sponsoring witness is on the stand so that any issues or concerns that arise may be addressed immediately. VI. SENTENCING A. Original Sentencing Once set, the sentencing hearing must not be continued absent a detailed, substantial showing of good cause. No later than fourteen (14) days before the hearing, each party must submit either a sentencing memorandum or a written notice of intent not to file one. If counsel wishes to submit a sentencing video, they must seek the Court’s permission. If permission is granted, counsel must provide the video and a transcript to opposing counsel at least twenty-one (21) days before the sentencing hearing. Videos may not exceed ten (10) minutes. The Court does not permit sentencing documents to be filed under seal except those that comply with the standards discussed above in Section 1(D). Any documents filed under seal should be accompanied by a redacted version, omitting confidential information and providing a justification for each deletion (e.g., “medical information”). B. Supervision Violation For any hearing on an alleged or adjudicated violation of supervision, counsel should submit all relevant materials within seven (7) days prior to the hearing, and in no case fewer than two (2) court days prior to the hearing. Any such materials submitted fewer than two (2) days prior to the hearing require a showing of good cause, a supporting declaration, and Court approval. 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 Rev. 11/01/24 -23- IT IS SO ORDERED. Dated: ______________________________ SUNSHINE S. SYKES 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 Rev. 11/01/24 -24-

=== Order Setting Scheduling Conference (11-7-2024) ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA PLAINTIFF’S NAME, Case No. 22-cv-00000-SSS ( x) Plaintiff/s, v. ORDER SETTING SCHEDULING CONFERENCE DEFENDANT’S NAME, Date: Defendant/s. Time: 1:00 p.m. Held via Zoom videoconference PLEASE READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to United States District Judge Sunshine S. Sykes. This matter is set for a Scheduling Conference on the above date via Zoom videoconference. If Plaintiff has not already served the operative complaint on all Defendants, Plaintiff shall do so promptly and shall file proofs of service of the summons and complaint within three (3) days thereafter. See Federal Rule of Civil Procedure 4; Local Rule 4. Defendants also shall timely serve and file their responsive pleadings and comply with the requirements of Local Rule 5-3.2. At the Rev. 11/07/2024 -1- Scheduling Conference, the Court will set a date by which motions to amend the pleadings or add parties must be heard. The Scheduling Conference will be held pursuant to Federal Rule of Civil Procedure 16(b). The parties are reminded of their obligations under Federal Rule of Civil Procedure 26(a)(1) to make initial disclosures without awaiting a discovery request and, under Federal Rule of Civil Procedure 26(f), to confer regarding a discovery plan at least twenty-one (21) days before the Scheduling Conference. The Court encourages counsel to agree to begin to conduct discovery before the Scheduling Conference. At the very least, the parties shall comply fully with the letter and spirit of Federal Rule of Civil Procedure 26(a) and obtain and produce most of what would be produced in the early stage of discovery as the Court will impose strict deadlines to complete discovery at the Scheduling Conference. This Court does not exempt parties appearing pro se from compliance with any of the Federal Rules of Civil Procedure and the Local Rules, including Local Rule 16. See Local Rules 1-3, 83-2.2.3. “Counsel,” as used in this order, includes parties appearing pro se. I. Joint Rule 26(f) Report The Joint Rule 26(f) Report must be filed at least fourteen (14) days before the Scheduling Conference. Mandatory paper chambers copies of the Joint Rule 26(f) Report must be delivered to Judge Sykes’ drop box outside the door of Courtroom 2 by 5:00 PM on the first court day following the e-filing. The Joint Rule 26(f) Report shall be drafted by Plaintiff (unless the parties agree otherwise) but shall be submitted and signed jointly. If the Plaintiff is appearing pro se, the Joint Rule 26(f) Report shall be drafted by Defendant’s counsel (unless Plaintiff prefers to do so). “Jointly” means a single report regardless of the number of separately represented parties involved in the case. The Joint Rule 26(f) Report shall specify the date of the Scheduling Conference on the caption page and 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 Rev. 11/07/2024 -2- shall report on all matters described below as specified by Federal Rule of Civil Procedure 26(f) and Local Rule 26: a. Statement of the Case: A short synopsis (not to exceed two pages) of the main claims, counterclaims, and affirmative defenses. b. Subject Matter Jurisdiction: A statement of the specific basis of federal jurisdiction, including supplemental jurisdiction. If there is a federal question, cite the federal law under which the claim arises. c. Legal Issues: A brief description of the key legal issues, including any unusual substantive, procedural, or evidentiary issues. d. Parties and Evidence: A list of parties, percipient witnesses, and key documents or other evidence concerning the main issues in the case. For conflict purposes, corporate parties must identify all subsidiaries, parents, and affiliates. e. Service of Complaint: A short statement regarding whether Plaintiff has served a summons and complaint upon each and every Defendant. If there are any outstanding Defendants to whom Plaintiff has not yet served a summons and complaint, a list of each Defendant which includes the reason Plaintiff has not yet served them. Failure to show good cause as to why Plaintiff has failed to serve each Defendant may result in dismissal of each such Defendant from the case without prejudice for failure to prosecute. f. g. Damages: The realistic range of provable damages. Insurance: Whether insurance coverage exists, the extent of coverage, and whether there has been or will be a reservation of rights. h. Motions: A statement of the likelihood of motions seeking to add other parties or claims, file amended pleadings, transfer venue, or challenge the Court’s jurisdiction. i. Dispositive Motions: A description of the issues or claims any party believes may be determined by motion to dismiss or motion for summary judgment. 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 Rev. 11/07/2024 -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 parties should refer to the Court’s Standing Order for specific guidelines governing summary judgment motions. j. Manual For Complex Litigation: Whether all or part of the procedures of the Manual For Complex Litigation should be utilized. k. Status of Discovery: A discussion of the present state of discovery, including a summary of pending and completed discovery, and any current or anticipated disputes. l. Discovery Plan: A detailed discovery plan, as contemplated by Federal Rule of Civil Procedure 26(f). State what, if any, changes in the disclosures under Federal Rule of Civil Procedure 26(a) should be made, the subjects on which discovery may be needed, whether discovery should be conducted in phases or otherwise be limited, whether applicable limitations should be changed or other limitations imposed, and whether the Court should enter other orders. A general statement that discovery will be conducted as to all claims and defenses or another vague description is not acceptable. m. Fact Discovery Cut-off: A proposed discovery cut-off date governing the completion of all fact discovery, including resolution of all discovery motions. n. Expert Discovery: Proposed dates for initial and rebuttal expert witness disclosures and expert discovery cut-off under Federal Rule of Civil Procedure 26(a)(2). o. Settlement Conference / Alternative Dispute Resolution (“ADR”): A statement of what settlement negotiations have occurred, excluding any statement of the terms discussed. If a Notice to Parties of Court-Directed ADR Program (Form ADR-08) was filed in this case, the Court will refer it to the Magistrate Judge, the Court Mediation Panel, or to private mediation at the parties’ expense. The parties must state their preference in the Joint Rule 26(f) Report. The Court will exercise its discretion to select an ADR option for the parties if they fail to state a preference. No case will proceed to trial unless all parties, including an officer with Rev. 11/07/2024 -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 full settlement authority for corporate parties, have appeared personally at an ADR proceeding. p. Trial Estimate: A realistic estimate, in days, of the Court time required for trial and whether trial will be by jury or by the Court. Each side should specify by number, not by name, the number of witnesses it contemplates calling. If the time estimate for trial given in the Joint Rule 26(f) Report exceeds four (4) court days, counsel must address in detail in the Report the basis for the estimate. q. r. Trial Counsel: The name(s) of the attorney(s) who will try the case. Independent Expert or Master: Whether the Court should consider appointing a master pursuant to Federal Rule of Civil Procedure 53 or an independent scientific expert at the parties’ expense. The appointment of a master may be appropriate in cases where the parties anticipate substantial discovery disputes, numerous claims to be construed in connection with a motion for summary judgment, a lengthy Daubert hearing, or a resolution of a difficult computation of damages. s. Schedule Worksheet: The parties must make every effort to agree on all pretrial and trial dates and must complete the attached Schedule of Pretrial and Trial Dates Worksheet (“Worksheet”) and include it with their Joint Rule 26(f) Report. The entries in the “Time Computation” column reflect what the Court believes is appropriate for most cases and will allow the Court to rule on potentially dispositive motions sufficiently in advance of the Final Pretrial Conference. However, the parties may propose other dates by which the key requirements must be completed. Each date should be stated as month, day, and year, e.g., 1/15/2020. Hearings shall be on Fridays at 2:00 p.m. The Final Pretrial Conference shall be held on Friday at 1:00 p.m. All deadlines shall be on Fridays. The parties must avoid federal holidays. The Court may order dates different from those the parties propose. The discovery cut-off date is the last day by which all depositions must be completed, responses to previously served written discovery must be provided, and motions concerning discovery disputes must be heard. The cut-off date for motions is the last date on Rev. 11/07/2024 -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 which motions must be heard, not filed. If the parties would like the Court to set dates in addition to those listed on the Worksheet, they may so request by separate Stipulation and Proposed Order. Additional hearings are often appropriate for class actions, patent cases, and cases for benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”). t. Class Actions: If the action is a putative class action, the parties must provide a proposed briefing schedule for the motion for class certification according to the deadlines described Court’s Civil Standing Order. The Court expects the parties to act diligently and begin discovery immediately because the motion for class certification must be filed no later than one-hundred-eighty (180) days from the date originally set for the Scheduling Conference unless the Court orders otherwise. In other words, a continuance of the date for the Scheduling Conference will not extend the time to file the motion for class certification. u. Other issues: A statement of any other issues affecting the status or management of the case, including unusually complicated technical or technological issues, disputes over protective orders, extraordinarily voluminous document production, non-English speaking witnesses, reasonable ADA accommodations, discovery in foreign jurisdictions, the applicability of foreign law, the advanced age or health of parties or key witnesses, and any proposals concerning severance, bifurcation, or other ordering of proof. The Joint Rule 26(f) Report should set forth the above-described information under section headings corresponding to those in this Order. II. Scheduling Conference a. Continuance: A request to continue the Scheduling Conference will be granted only for good cause. The parties should refer to the Court’s Standing Order for additional guidance regarding requests for continuances. b. Vacating the Scheduling Conference: The Court may vacate the Scheduling Conference and issue the Scheduling Order based solely on the parties’ Rev. 11/07/2024 -6- Joint Rule 26(f) Report pursuant to Federal Rule of Civil Procedure 16(b). c. Participation: If the Court elects to conduct a Scheduling Conference, lead trial counsel must attend unless excused by the Court for good cause before the Conference. d. Failure to Submit a Joint Report: The failure to submit a Joint Report in advance of the Scheduling Conference or to attend the Scheduling Conference may result in the dismissal of the action, striking the Answer and entering a default, and/or the imposition of sanctions. III. Notice to be Provided by Counsel Plaintiff’s counsel or, if Plaintiff is appearing pro se, Defendant’s counsel, shall provide this Order to any parties who first appear after the date of this Order and to parties who are known to exist but have not yet entered appearances. IV. Disclosures to Clients Counsel are ordered to deliver to their clients a copy of this Order and of the Court’s Scheduling Order, which will contain the schedule the Court sets at the Scheduling Conference. V. Court’s Website This and all other generally applicable orders of this Court are available on the Central District of California website, www.cacd.uscourts.gov. The Local Rules are also available on the Court’s website at https://www.cacd.uscourts.gov/court- procedures/local-rules. The Court thanks the parties and their counsel for their anticipated cooperation. IT IS SO ORDERED. Dated: ______________________________ SUNSHINE S. SYKES 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 Rev. 11/07/2024 -7- DISTRICT JUDGE SUNSHINE S. SYKES SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET Please complete this worksheet jointly and file it with your Joint Rule 26(f) Report. The parties must make every effort to agree on dates or the Court will set them. Case No. Case Name: Trial and Final Pretrial Conference Dates Pl(s)’ Date mm/dd/yyyy Def(s)’ Date mm/dd/yyyy Check one: ☐ Jury Trial or ☐ Bench Trial [Monday at 9:00 a.m. within 12-15 months of Scheduling Conference based on complexity] Estimated Duration: _______ Days Final Pretrial Conference (“FPTC”) [L.R. 16] [Friday at 1:00 p.m. at least 17 days before trial] Event1 Note: All deadlines shall be on Fridays. Hearings shall be on Fridays at 2:00 p.m. Last Date to Hear Motion to Amend Pleadings or Add Parties Fact Discovery Cut-Off (no later than deadline for filing dispositive motions) Expert Disclosure (Initial) Expert Disclosure (Rebuttal) Expert Discovery Cut-Off Last Date to Hear Motions  Rule 56 Motion due at least 49 days before hearing; Rule 56 Opposition due at least 35 days before hearing; Rule 56 Reply due at least 28 days before hearing  Deadlines for all other motions are pursuant to L.R. 6-1, 7-9, 7-10. Deadline to Complete Settlement Conference [L.R. 16-15] Select one: ☐ 1. Magistrate Judge (with Court approval) ☐ 2. Court Mediation Panel ☐ 3. Private Mediation Deadline to File Motions in Limine Deadline for Oppositions to Motions in Limine Trial Filings  Memoranda of Contentions of Fact and Law [L.R. 16-4]  Witness Lists [L.R. 16-5]  Joint Exhibit List [L.R. 16-6.1]  Joint Status Report Regarding Settlement  Proposed Findings of Fact and Conclusions of Law [L.R. 52] (bench trial only)  Declarations containing Direct Testimony, if ordered (bench trial only)  Joint Proposed Final Pretrial Conference Order [L.R. 16-7]  Joint Agreed Upon Proposed Jury Instructions (jury trial only)  Disputed Proposed Jury Instructions (jury trial only)  Joint Proposed Verdict Forms (jury trial only)  Joint Proposed Statement of the Case (jury trial only)  Proposed Voir Dire Questions, if any (jury trial only)  Evidentiary Objections to Declarations of Direct Testimony (bench trial only) Time Computation2 Pl(s)’ Date mm/dd/yyyy Def(s)’ Date mm/dd/yyyy 6 weeks after Scheduling Conference 27 weeks before FPTC 26 weeks before FPTC 24 weeks before FPTC 22 weeks before FPTC 11 weeks before FPTC 8 weeks before FPTC 6 weeks before FPTC 4 weeks before FPTC 2 weeks before FPTC Hearing on Motions in Limine 1 week before FPTC 1 The parties may seek dates for additional events by filing a separate Stipulation and Proposed Order. 2 The numbers below represent the Court’s recommended timeline. The parties may propose alternate dates based on the needs of each individual case. Class action, patent, and ERISA cases may need to vary from the above.