Civil Standing Order

=== Civil Standing Order === Effective August 14, 2024 U.S. Magistrate Judge Sean Riordan United States District Court for the Eastern District of California 501 I Street, Courtroom No. 27, 8th Floor Sacramento, CA 95814 CIVIL STANDING ORDERS I. Civil Motions (Non-Discovery) The following applies to non-discovery civil motions. It does not apply to motions for administrative relief (Local Rule1 233 applies). Section II covers standing orders for civil discovery disputes. A. Schedule: Civil motions are heard on Thursdays at 10:00 a.m. in person in Courtroom 27.

Motion dates are not reserved. Available hearing dates are listed on Judge Riordan’s court website. If a noticed hearing conflicts with the Court’s calendar, the Court will reschedule the hearing. The court’s ordinary civil motion schedule does not apply to prisoner actions (Local Rule 230(l , though the court may decide to set motions in prisoner actions for hearing as appropriate.

B. Briefs: Besides cross motions for summary judgment (see Section I.C), all other motions and oppositions are limited to twenty (20) pages, and replies are limited to ten (10) pages. Only in rare instances and for good cause will requests to expand these page limits or to file a supplemental brief or sur-reply be granted. Any such requests must be filed in writing at least seven (7) days before the filing, absent good cause to deviate from that timeline. Pages that exceed the page limits, supplemental briefs, or sur-replies filed without prior leave of court will not be considered.

Briefs must be submitted using a minimum of 12-point font for all text, including footnotes. Multi-page exhibits must be internally paginated, with the pagination for each exhibit beginning at one (1) (for example, Exh. A-1, Exh. A-2, etc.).

C. Motions for Summary Judgment: Local Rule 260 applies to motions for summary judgment, and requires the moving party to submit a Statement of Undisputed Facts. The Statement of Undisputed Facts shall be submitted as an attachment in a numbered table format following the example below. The opposing party shall reproduce and respond to the moving party’s Statement of 1 The Local Rules of the United States District Court for the Eastern District of California are available on the district court’s website: https://www.caed.uscourts.gov/caednew/index.cfm/rules/local-rules/. 1 Undisputed Facts in a numbered table format, and shall submit its response as an attachment.

An example is provided below. Example - Statement of Undisputed Facts No. Undisputed Fact Source (Deposition Page:Line, Interrogatory No. Response, Admission No., etc.) Opposing Party’s Response 1. 2. The requirements for briefs in Section I.B apply to all summary judgment motions, except for cross motions for summary judgment.

If Plaintiff and Defendant both intend to file a motion for summary judgment, the motions will be treated as cross motions for summary judgment. At least twenty-eight days before the dispositive motions filing deadline, the parties must meet and confer to determine whether they intend to file cross motions for summary judgment. Only four briefs shall be filed for cross motions for summary judgment using the following schedule and page limits: 1. Plaintiff’s opening motion and brief (20 pages maximum) shall be filed at least fourteen (14) days before the dispositive motions filing deadline; 2.

Defendant’s opposition and cross motion for summary judgment (30 pages maximum) shall be filed no later than twenty-one (21) days after Plaintiff’s opening motion was filed; 3. Plaintiff’s reply and opposition (30 pages maximum) shall be filed no later than twenty-one (21) days after Defendant’s opposition and cross motion was filed; and 4. Defendant’s reply (10 pages maximum) shall be filed no later than fourteen (14) days after Plaintiff’s reply and opposition was filed. D. Remote Appearances: Requests for a remote appearance are generally disfavored absent a showing of hardship (for example, a pro se party without means to travel to the courthouse, a substantial increase in litigation costs from travel by counsel, health concerns, etc.).

A request for a remote appearance must be filed in writing at least ten (10) days before the hearing, only after providing courtesy notice to other parties of the request, and must include the basis for the request. If a request for a remote appearance is granted, all parties will appear remotely by Zoom. There are no hybrid hearings. E. Less Experienced Attorneys: The Court values the importance of training less experienced attorneys.

The parties are encouraged to consider providing less experienced attorneys with the opportunity to present oral argument. If a written 2 request for oral argument is filed at least ten (10) days before the scheduled hearing and states that an attorney with less than five (5) years of experience as a practitioner will present oral argument, the Court will hold a hearing. The Court may otherwise elect in some situations to submit a motion without oral argument, pursuant to Local Rule 230(g). II.

Discovery The following applies to discovery matters in non-prisoner actions. Local Rule 230(l) applies to all motions in prisoner actions except motions to dismiss for lack of prosecution. A. Motions Pursuant to Local Rule 251: The Joint Statement re Discovery Disagreement under Local Rule 251(c) is limited to twenty (20) pages, excluding exhibits. If an affidavit is filed instead of a Joint Statement as provided under Local Rule 251(d), the affidavit is limited to fifteen (15) pages, excluding exhibits.

For motions under Local Rule 251(e), the motion and opposition are limited to twenty (20) pages, and the reply is limited to ten (10) pages, excluding exhibits. Only in rare instances and for good cause shown will requests to expand these page limits be granted. Any such requests must be filed in writing at least seven (7) days before the filing. Pages that exceed the page limits without prior leave of court will not be considered.

The Joint Statement, affidavit, or brief must be submitted using a minimum of 12- point font for all text, including footnotes. Multi-page exhibits must be internally paginated, with the pagination for each exhibit beginning at one (1) (for example, Exh. A-1, Exh. A-2, etc.).

In the case of a Joint Statement, parties are discouraged from submitting exhibits of communications between the parties regarding the discovery matter (for example, emails between counsel discussing the discovery matter). In the case of an affidavit, the party submitting the affidavit may submit exhibits of communications between the parties to demonstrate efforts made to secure the cooperation of the other party, the preparation or execution of the Joint Statement, or the other party’s response or failure to respond. For discovery matters where all parties raising the discovery matter are represented by counsel, the requirement to confer under Local Rule 251 must be done through communication that occurs in-person, by phone, or by video. Written communication alone does not satisfy the requirement to confer where all parties raising the discovery matter are represented by counsel.

Judge Riordan strictly enforces these confer requirements. B. Informal Discovery Resolution: Upon order of the Court in an appropriate case or by agreement of the parties, Judge Riordan will seek to resolve discovery disputes outside the formal Local Rule 251 procedures by conducting an informal telephonic conference. To promote the just, speedy, and inexpensive resolution 3 under Rule 1 of the Federal Rules of Civil Procedure, parties are encouraged to resolve discovery disputes early through the following informal discovery resolution process. A party with a discovery dispute shall first confer with the opposing party in a good faith effort to resolve the dispute without court action.

If such efforts fail, the prospective moving party may contact Judge Riordan’s Courtroom Deputy, Shelly Her, at (916) 930-4128 or [email protected], to request an informal telephonic conference with Judge Riordan. The prospective moving party, after conferring with the opposing party, shall provide the dates and times in the subsequent four (4) to fourteen (14) days when all concerned parties are available for a telephonic conference and provide phone numbers where each party can be reached at the time of the telephonic conference. The Court will then issue a minute order with the time and date of the telephonic conference. Unless a different deadline is set in the minute order, at least 48 hours before the telephonic conference, the parties shall file a joint letter briefly explaining what meet and confer efforts they have undertaken and briefly summarizing the discovery dispute.

The joint letter is limited to two (2) single-spaced pages, using a minimum of 12-point font for all text. Pages that exceed the page limit will not be considered. The parties may also include exhibits or attachments, but are strongly encouraged to exclude or minimize any such additional documentation. After the telephonic conference, the Court may issue an order ruling on the issues presented.

Parties are cautioned that the Court will maintain the power to issue monetary and other sanctions in connection with such informal conferences, including for failures to meet and confer in good faith or for abuse of the discovery process. This informal process is not a prerequisite to the filing of a motion under Local Rule 251. Rather, it is an alternative to a formal motion. Counsel should request this alternative discovery dispute resolution process only for disputes that in counsel’s view are amenable to resolution on a letter brief and telephonic conference, and without the need for a further record.

III.

Settlement Conferences Settlement conferences are held either in-person or by Zoom based on the preference of the parties. There are no hybrid settlement conferences. A. Scheduling: If parties are interested in a settlement conference, please contact Judge Riordan’s Courtroom Deputy, Shelly Her, at (916) 930-4128 or [email protected]. Parties should communicate the specific time frame when they would like the settlement conference held and whether the parties are requesting an in-person or Zoom settlement conference.

Incarcerated parties 4 may request a settlement conference by filing a request for a settlement conference on the docket. B. Participation: At the settlement conference, parties are required to have an individual with full settlement authority present or to have an individual who is fully authorized to settle the matter present. For insured parties, a representative of the insurer who is fully authorized to settle the matter must either be present or be available by phone during the entire settlement conference. C. Pre-Settlement Conference Meeting in Counseled Cases: When possible in cases where all parties are represented, Judge Riordan will set up a pre- settlement conference meeting with counsel to better prepare for the settlement conference.

D. Settlement Conferences Statements: Parties must submit to chambers a written settlement conference statement seven (7) days prior to the date of the settlement conference by 5:00 p.m. PT. Except in prisoner actions, Parties shall email their settlement conference statements to [email protected], and should not file the statement on the docket. Parties should file a Notice of Submission of Settlement Conference Statement on the docket pursuant to Local Rule 270(d). Parties are encouraged to share their settlement conference statement with the opposing party/ parties, but are also invited to submit a confidential statement to Judge Riordan. A plaintiff in a prisoner action shall mail a settlement conference statement to the settlement judge, at the following address: United States District Court, 501 I Street, Sacramento, CA 95814.

Such a settlement conference statement should be mailed so that it is received by the Court at least seven days before the settlement conference. The settlement conference statement shall include the following: a brief summary of the facts, legal claims, relief sought, and defenses; a summary of court proceedings to date and upcoming court proceedings, including summary judgment deadlines and whether there is a scheduled trial date; discovery status; an estimate of the cost and time needed to complete fact and expert discovery, pretrial preparation, and trial; any settlement discussions (informal or formal) that have already occurred; any related cases or other cases involving the same or similar parties; any impediments to settlement; any other information the party thinks would help facilitate settlement; and a phone number at which counsel can be reached. Multi-page exhibits must be internally paginated, with the pagination for each exhibit beginning at one (1) (for example, Exh. A-1, Exh.

A-2, etc.). E. Video, Audio, or Other Voluminous Exhibits: If a party intends to submit video, audio, or other electronic exhibits that may be too large to submit by email, please contact Judge Riordan’s Courtroom Deputy before the deadline for the settlement conference statement for instructions on submission to ensure Judge 5 Riordan is able to review the materials. See also Local Rule 138(l). Acceptable video and audio formats are provided on the website for the United States District Court for the Eastern District of California (https://www.caed.uscourts.gov).

On the district court’s website, select “Attorney Info,” then select “Electronic Evidence Submission / Presentation,” and go to the “Acceptable Audio and Video Formats” section. F. Photographs or Other Visual Images: Pursuant to Local Rule 138(l), all photographs and other visual images must be submitted electronically in JPG, PNG, or TIFF format. IV. Other A. Proposed Orders: As required by the Local Rules, in addition to filing proposed orders on the docket counsel shall also submit by email to [email protected] the proposed order accompanying any application, request, stipulation, or motion in Microsoft Word format.

The email subject line must contain the words "proposed order" and the case number. B. Deposition Transcripts: If a party makes reference to or cites a deposition in a filing or a settlement conference statement, the party must simultaneously attach as an exhibit only the excerpts of the relevant portion of the deposition transcript referenced or cited. Entire deposition transcripts should not be filed through CM/ECF. Under Local Rule 133(j), parties are required to submit a courtesy copy of the entire deposition transcript either as a hard copy to the Clerk of Court or as an electronic copy by email to chambers.

Counsel is instructed to comply with this requirement by submitting the deposition transcript as an electronic copy by email to [email protected]. The email subject line must contain the case number, the words “deposition transcript,” and the last name of the deponent. C. Courtroom Audio / Visual Equipment: Information regarding the audio, visual, and electronic equipment available in the courtroom is provided on the website for the United States District Court for the Eastern District of California (https://www.caed.uscourts.gov). On the district court’s website, select “Attorney Info,” then select “Electronic Evidence Submission / Presentation.” D. Transcript Orders: To order a transcript for a hearing held before Judge Riordan, follow the instructions for ordering transcripts on the website for the United States District Court for the Eastern District of California (https://www.caed.uscourts.gov).

On the district court’s website, select “Attorney Info,” then select “Court Reporters / Transcripts.” E. Accommodations for Communication Disabilities: Information for persons with communication disabilities is provided on the website for the United States District Court for the Eastern District of California 6 (https://www.caed.uscourts.gov). On the district court’s website, select “Attorney Info,” then select “Accommodations for Communication Disabilities.” F. Pronouns and Honorifics: Parties and lawyers may indicate their pronouns (e.g., she/her, he/his, they/their) and honorifics (e.g., Mr., Ms., Mx., Dr.) by mailing a confidential letter to Judge Riordan’s chambers, filing a request on the docket, or adding such information in the name or signature block of a pleading. 7