Civil Standing Order SRM UPDATED JULY 2025; Order Setting Scheduling Conference and Worksheet SRM UPDATED JULY 2025; Scheduling Worksheet SRM - Class Action - UPDATED JULY 2025; Scheduling Worksheet SRM - Patent - UPDATED JULY 2025; Civil Trial Order UPDATED SEPTEMBER 2025.pdf; Standing Order for Mo

=== Civil Standing Order SRM UPDATED JULY 2025 ===

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, v. [DEFENDANT’S NAME], Defendant. STANDING ORDER FOR NEWLY ASSIGNED CIVIL CASES 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 Serena R. Murillo. Both the Court and all counsel bear responsibility for the progress of litigation in this Court. “Counsel,” as used in this Order, includes attorneys and parties who have elected to appear without an attorney and are representing themselves in this civil litigation (hereinafter referred to as “Pro Se Litigants”). To secure the “just, speedy, and inexpensive determination of every action,” as called for in the Fed. R. Civ. P. 1, all parties and their counsel are ordered to comply with this Order, the Federal Rules of Civil Procedure, and the Local Rules of the Central District of California. See C.D. Cal. R. 1-3, 83-2.2.3. The Court periodically -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 updates this Order. Counsel should obtain the latest version of this Order under Orders & Additional Documents at the bottom of Judge Murillo’s webpage on the Court’s website: https://www.cacd.uscourts.gov/honorable-serena-r-murillo. The version date appears in the electronic file name. I. GENERAL REQUIREMENTS A. Service of Order Counsel for the plaintiff must immediately serve this Order on all parties, including any new parties to the action. If this case was removed from state court, the defendant who removed the case must serve this Order on all other parties. Any document that is e-filed shall be served by mail that same day on any party or attorney who is not permitted or has not consented to electronic service, with a proof of service to be filed within 24 hours. B. Pro Se Litigants Only individuals may represent themselves. A corporation or other entity must be represented by counsel. If counsel seeks to withdraw, counsel must advise the entity of the dire consequences of failing to obtain substitute counsel before seeking withdrawal—i.e., a plaintiff entity’s case will be dismissed, or a defendant entity will default. See C.D. Cal. R. 83-2.3.4. The following links may be helpful to Pro Se Litigants: (a) General information on how parties may represent themselves in civil cases in the Central District of California can be found at https://prose.cacd.uscourts.gov/; (b) Local Civil Rules for the Central District of California can be found at http://www.cacd.uscourts.gov/court-procedures/local-rules; (c) Federal Rules of Civil Procedure can be found at https://www.law.cornell.edu/rules/frcp. C. Presence of Lead Trial Counsel Lead trial counsel shall attend all proceedings set by this Court, including scheduling, settlement, pretrial conferences, and trial unless lead trial counsel is engaged in trial. Lead trial counsel must be prepared to address and resolve all matters -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 within the scope of the proceeding. Only one attorney for a party may be designated as lead trial counsel unless otherwise permitted by the Court. If a second lead trial counsel is permitted by the Court, both counsel must attend the pretrial conference. The Court does not permit special appearances; only counsel of record may appear at any proceeding. To provide more experience to the next generation of practitioners, the Court encourages lead trial counsel to permit junior counsel to fully participate in Court proceedings, including arguing motions and examining witnesses at trial. D. Counsel Calendar Conflicts If any counsel discovers a calendar conflict due to lead counsel’s engagement in trial, counsel must inform opposing counsel and the Court’s courtroom deputy (CRD) via Chambers email at [email protected] as soon as possible and not later than three 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 Stipulation and Proposed Order. A “Notice of Unavailability” has no legal effect and should not be filed. The Court expects counsel to conduct themselves professionally and not deliberately schedule any proceeding when counsel is unavailable. E. Communications with Chambers Neither counsel nor a party shall initiate contact with the Court or its Chambers staff by telephone or any other improper ex parte means. Counsel may contact the CRD with appropriate inquiries. Contacting the CRD to inquire about the status of a ruling or to continue a proceeding is not appropriate. The preferred method of communication with the CRD is by email at [email protected]. Counsel must copy all parties on any such email. To facilitate communication with the CRD, counsel should list their email addresses and telephone numbers on all papers. F. Civility All counsel who appear in this action must immediately review and comply with the Civility and Professionalism Guidelines, which can be found on the Court’s website at http://www.cacd.uscourts.gov/attorneys/admissions/civility-and-professionalism- -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 guidelines. The Court expects everyone in the courtroom to treat each other with dignity and respect. At a minimum, the Court expects the following from counsel: (1) being punctual and prepared for all court appearances; (2) being civil and respectful in all oral and written communications with the Court and other parties; (3) being civil and respectful to court personnel, including the CRD, court reporters, law clerks, and marshals; (4) refraining from interrupting any person in the courtroom when that person is speaking; (5) refraining from making gestures, facial expressions, or audible comments indicating approval or disapproval of testimony or argument; and (6) being considerate of the time constraints and pressures on the Court and court staff inherent in their efforts to administer justice. II. PLEADINGS REQUIREMENTS A. Service of the Complaint The plaintiff(s) shall promptly serve a copy of the summons and complaint in accordance with Federal Rule of Civil Procedure 4 and file the proofs of service pursuant to Federal Rule of Civil Procedure 4(l). Any defendant(s), including “DOE” or fictitiously named defendant(s), not served within 90 days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m) and by operation of this Order without further notice, unless plaintiff requests and justifies the need for additional time in the joint report and the Court grants an extension. The Court will require plaintiff to show good cause to extend the service deadline beyond 90 days. B. Removed Actions Any answers filed in state court must be refiled in this Court as a supplement to the Notice of Removal. Any pending motions must be re-noticed in accordance with Local Rule 6. If an action removed to this Court contains a form pleading, i.e., a pleading in which boxes are checked, the party or parties that filed the form pleading must file in this Court within 30 days of receipt of the Notice of Removal a revised pleading that complies with Federal Rule of Civil Procedure 7, 7.1, 8, 9, 10, and 11. An amended complaint filed within 30 days after removal to replace a form complaint -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 pursuant to this instruction shall be deemed an amended complaint with “the court’s leave” pursuant to Federal Rule Civil Procedure 15(a)(2). C. Status of Fictitiously Named Defendants. (a). Plaintiff must identify and serve any fictitiously named or “Doe” defendant(s) before the deadline set forth in the Court’s Order Setting Scheduling Conference. (b). Before moving to substitute a defendant for a Doe defendant, plaintiff must seek the consent of counsel for all defendants, including counsel for a represented Doe defendant. If denied consent, plaintiff must file a regularly noticed motion. In diversity cases, plaintiff’s motion must address whether the addition of the newly named party destroys diversity jurisdiction. See 28 U.S.C. § 1447(c), (e). III. FILING REQUIREMENTS A. Electronic Filing Pursuant to Federal Rule of Civil Procedure 5(d)(3), Local Rule 5-4, and General Order 10-07, counsel shall electronically file (“e-file”) all filings. Items that do not require the Court’s signature shall be e-filed in text searchable portable document format (PDF). Proposed orders shall be e-filed in text searchable PDF format as an attachment to the main documents. Pro Se Litigants 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. B. Documents with Declarations, Exhibits, and other Attachments If a filed or lodged document has declarations, exhibits, or other attachments, each attachment must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration, 29-2 Ex. 1 - License Agreement, 29-3 Request for Judicial Notice). The Court may strike or -5- decline to consider motions, stipulations, or other documents with attachments that are not filed in accordance with this Order. C. Proposed Orders 1. Proposed Orders Must be Lodged and Served. Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. 2. Use Applicable Templates. Use the “Proposed Order” template located on the Court’s website under “Orders & Additional Documents” at the bottom of the webpage. (https://www.cacd.uscourts.gov/honorable-serena-r-murillo). Failure to do so may result in the striking of the request. Proposed orders must be on pleading paper. Proposed orders should NOT contain any of the following: (1) attorney names, addresses, etc. on the caption page; (2) a footer with the document name or other information; or (3) a watermark or designation of the firm name. Proposed orders should be formatted in the same fashion as motions. See infra paragraph G.4. 3. Email Proposed Orders to Chambers. The Court enforces strict compliance with Local Rule 5-4.4.2, which instructs: “After a document requiring a judge’s signature has been lodged in accordance with L.R. 5-4.4.1 . . . , a Microsoft Word copy of the proposed document, along with a PDF copy of the electronically filed main document, shall be e-mailed to the assigned judge’s generic chambers e-mail address using the CM/ECF System,” namely, [email protected]. The Court will not consider a stipulation, ex parte application, or other request for relief until a compliant proposed order is received by email. If the proposed order is based on a stipulation or an ex parte application, counsel must email both the order and the stipulation or ex parte application. Otherwise, accompanying documents (such as motions) should not be emailed to Chambers. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. Mandatory Chambers Copies 1. Motions, Pleadings, and Trial Documents The parties must not provide chambers copies unless specifically ordered by the court, or in case of an ex parte application for a temporary restraining order (TRO). If required, chambers copies are to be submitted pursuant to Local Rule 5-4.5. The Court does require copies of materials that have not been filed on the electronic docket for the case (e.g., CD-ROMs, DVDs, USB drives, documents electronically filed in other cases or other districts). Please do not send paper copies of any other documents unless requested by the Court. 2. Delivery Location, Timeliness, and Form If ordered, Chambers Copies or materials must be delivered to Judge Murillo’s mailbox on the Fourth Floor of the First Street Courthouse, 350 West First Street, Los Angeles, California 90012. Where applicable, any exhibits or declarations attached to chambers copies must be tabbed. Mandatory Chambers Copies need NOT be blue backed. Chambers copies must be delivered no later than 12:00 p.m. the following business day after the document is electronically filed. “Chambers copies must be printed from CM/ECF and must include: (1) the CM/ECF-generated header (consisting of the case number, document control number, date of filing, page number, etc.) at the top of each page; and (2) the NEF [notice of electronic filing] (see L.R. 5-3.2.1) as the last page of the document.” Local Rule 5-4.5 (emphasis added). For security reasons, do not leave chambers copies in envelopes or folders. 3. Chambers Copy Exhibits If chambers copies are ordered, all exhibits should be separated by a tab divider on the right or bottom of the document. If the evidence exceeds 50 pages, the Chambers Copy must (1) include a table of contents and (2) be in a tabbed binder with each exhibit separated by a tab divider on the right or the bottom. All documents in the binder must be three-hole punched, preferably with a larger hole size (13/32”) rather -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 than the standard hole size (9/32”), to facilitate ease of review. If the evidence exceeds 200 pages, the table of contents and evidence must be placed in a Slant D-Ring binder. Binders should be no larger than 4 inches. Binders must have both a cover sheet and a spine label that includes the case name, case number, and a description of the contents. E. Filings Under Seal 1. Local Rule 79-5 Local Rule 79-5 governs applications to file under seal. Parties must comply with all sections of Local Rule 79-5. There is a “strong presumption of access to court records” in civil cases. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification, see (c) below, that establishes “good cause” or “compelling reasons” for the document’s protection. Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1179-80 (9th Cir. 2006). 2. Redacted Version and Unredacted Version 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 an unredacted version of the document under seal, and a redacted version for public viewing, omitting only the portions the Court has ordered may be filed under seal. 3. Justification Sealing must be justified for each individual confidential matter; blanket claims of confidentiality will result in the application to seal being denied. All applications must provide the reason(s) the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right to access materials submitted in connection with a judicial proceeding. Counsel is strongly encouraged to consider carefully whether sealing or redaction is required for a given piece of evidence or argument. An application to seal that includes clearly meritless requests to seal or redact documents -8- may be denied in its entirety. The parties must also meet and confer before filing an application to seal. 4. Meet and Confer Counsel is ordered to meet and confer in person or by telephone at least seven calendar days before the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing. Not later than two calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under-seal filing. Any application for under-seal filing, whether or not opposed, shall contain the dates and method by which the parties met and conferred. If such information is not provided, the application will be denied without prejudice to an amended application being filed that complies with these terms. The parties are further advised that email correspondence alone is insufficient to satisfy this requirement. IV. CONSENT TO MAGISTRATE FOR ENTIRE CIVIL CASE Under 28 U.S.C. § 636, the parties may consent to have a Magistrate Judge preside over the entire civil case, including trial, rather than just discovery. See General Order 12-01 and General Order 12-02. One benefit to giving such consent is that the parties will likely 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, not just the Magistrate Judge assigned to the parties’ case. The Magistrate Judges 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 website for the list of available Magistrate Judges and should submit the appropriate consent form. http://www.cacd.uscourts.gov/judges-requirements/court-programs/voluntary-consent- list-civil-cases-magistrate-judges-program. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -9- V. DISCOVERY A. Magistrate Judge Referral for All Discovery Matters All discovery matters are referred to the assigned United States Magistrate Judge. The Magistrate Judge’s initials follow the Judge’s initials next to the case number. All documents relating to discovery matters must include the words “DISCOVERY MATTER” in the caption to ensure proper routing. Counsel should not deliver chambers copies of discovery matters to the District Judge. Counsel must follow the Magistrate Judge’s procedures for scheduling matters for hearing. These procedures are stated on each Magistrate Judge’s webpage. B. Limited District Court Review of Discovery Matters The decision of the Magistrate Judge on all discovery matters shall be final, subject to limited review requiring a showing that the decision is clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A). Any motion for review of a Magistrate Judge’s decision must be noticed before the District Court Judge within 14 days of service of the Magistrate Judge’s written ruling or within 14 days of an oral ruling that the Magistrate Judge states will not be followed by a written ruling. The motion must specify which portions of the ruling are clearly erroneous or contrary to law, and the claim must be supported by points and authorities. Counsel shall provide copies of the moving papers and responses to the Magistrate Judge chambers. C. Timing of Discovery Unless there is a likelihood that, upon motion by a party, the Court would order that discovery be stayed, 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. Discovery is not stayed before the Scheduling Conference or after dates have been set unless otherwise ordered by the Court. At the Scheduling Conference, the Court will impose firm deadlines governing the completion of discovery. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -10- D. Discovery Protective Orders Proposed protective orders for discovery must be submitted to the assigned Magistrate Judge. Such orders should not purport to allow, without further order of the Court, the filing under seal of pleadings or documents filed in connection with a dispositive motion, a class certification motion, or trial before the Court. The existence of a protective order does not alone justify the filing of pleadings or other documents under seal, in whole or in part. VI. SCHEDULING CONFERENCE Pursuant to Federal Rule of Civil Procedure16(b), the Court will issue an Order Setting Scheduling Conference. The parties are required to strictly comply with Federal Rule of Civil Procedure 16 and 26, as well as this Court’s Orders. VII. MOTIONS—GENERAL REQUIREMENTS APPLICABLE TO ALL MOTIONS A. Local Rule 7-3 Pre-Filing Meet and Confer Requirement 1. Scope The Court strictly enforces Local Rule 7-3, which requires counsel to engage in a prefiling conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” This requirement applies in all cases, including those with Pro Se Litigants. This Court requires parties through Counsel to meet and confer about any potentially disputed matter (except those identified in Local Rules 7-3 and 16-12) before presenting it to the Court, including requests to continue any matter, applications to file under seal, and other filings seeking a court order. The purpose of meeting and conferring is to attempt to obviate the need for a motion and thus avoid unnecessary Court intervention. If the parties are unable to fully resolve the dispute, they shall attempt to narrow the scope of contested issues. Counsel must meet 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 -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 confer in good faith. The parties are further advised that email correspondence alone is insufficient to satisfy this requirement. 2. Method Parties must meet and confer either by videoconference or in person. Email correspondence is insufficient. 3. Compliance Statement Required The moving party must include a truthful representation of full compliance with Local Rule 7-3 in the signed notice of motion, stating that the parties “thoroughly discussed the substance and potential resolution of the filed motion [by videoconference or in person].” 4. Non-Compliance If an opposing party refuses to participate in good faith, the moving party shall explain the refusal in detail. Failure by any party to comply in good faith with the “meet and confer” requirement may result in an order to show cause re: sanctions—including, as appropriate, striking or denying the motion, deeming the motion unopposed, and/or awarding monetary sanctions. B. Scheduling Motions Hearings Motions must be filed in accordance with Local Rules 6 and 7. Judge Murillo hears civil motions on Wednesday beginning at 1:30 p.m. It is not necessary to clear a hearing date with the CRD before filing a motion. Immediately before filing the motion, parties must check the closed motion dates column located on the right side of Judge Murillo’s Procedures and Schedules Page on the Court’s website to ensure the hearing date has not been closed. The closed date column is typically updated on a weekly, and sometimes daily, basis. If a motion is noticed for a date that is not available, the Court may strike or reset the motion. C. Briefing Schedule To allow Chambers enough time to prepare, the parties must adhere to the briefing schedule set forth in Local Rules 7-9 and 7-10 for all motions, except Rule 56 -12- motions. For Rule 56 motions, the parties should review and comply with Judge Murillo’s Standing Order for Motions for Summary Judgment located on the Court’s website. (https://www.cacd.uscourts.gov/honorable-serena-r-murillo). When scheduling motion hearing dates, professional courtesy dictates that the parties should accommodate each other’s schedules, including vacation and holiday schedules, whenever possible. D. Length and Format of Motion Papers Memoranda of points and authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 10 pages. Only rarely and for good cause shown will the Court grant an application to extend these page limitations. Pursuant to Local Rule 11-3.1.1, either a proportionally spaced or monospaced face may be used. Typeface shall comply with Local Rule 11-3.1.1. Times New Roman font must be no less than 14 point. Footnotes shall be in the same font and the same size as the body of the memorandum. Counsel shall adhere to Local Rule 5-4.3 with respect to the conversion of all documents to PDF format so that when a document is electronically filed, it is in proper size and is PDF searchable. Further, all documents shall be filed in a format so that text can be selected, copied, and pasted directly from the document. See C.D. Cal. R. 5-4.3.1. E. Citations to Authority Statutes should be cited in accordance with the Bluebook. Citations that support a statement in the main text must be included in the main text, not in footnotes. 1. Case citations Case citations must identify both the case cited and the specific page referenced. Parties should not use string cites without a good reason. A party should include a parenthetical explanation for each cited case when using string cites. When citing to legal databases (which is not encouraged), cite to Westlaw whenever possible. 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 -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 2. Statutory references Statutory references should identify the sections and subsections referenced with specificity. Citations should be to the relevant official statutory code (e.g., the U.S. Code) and should not merely reference the popular name of an act. 3. Citations to Other Sources Citations to treatises, manuals, and other materials should include the volume, section, and relevant pages. Attach copies if these materials are not accessible on Westlaw, especially for historical materials (e.g., older legislative history). F. Oral Argument If the court deems a matter appropriate for decision without oral argument, the Court will notify the parties in advance. C.D. Cal. R. 7-15. VIII. MOTIONS—SPECIFIC REQUIREMENTS A. Motions Pursuant to Federal Rule of Civil Procedure 12 Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment. See Polich v. Burlington N., 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 no later than (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Fed. R. Civ. P. 15(a). Further, the Federal Rules of Civil Procedure provide that leave to amend should be “freely given when justice so requires.” Fed. R. Civ. P. 15(a). 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 -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 pleading to determine if an amendment would cure the defects. The moving party, in turn, should agree to any amendment that would cure the defect. If a motion to dismiss is granted with leave to amend, counsel shall attach as an appendix to an amended pleading a “redline” version of the amended pleading showing all additions and deletions of material. B. Motions to Amend In addition to the requirements of Local Rule 15-1, all motions to amend pleadings shall (1) state the effect of the amendment; (2) be serially numbered to differentiate the amendment from previous amendments; and (3) attach as an exhibit a “redlined” version of the proposed amended pleading identifying all additions and deletions of material. C. Motions and Stipulations to Continue Continuances are granted only on a showing of good cause. Requests for continuances must be made sufficiently in advance of the date to be continued and by motion or stipulation, along with a proposed order. Motions and stipulations must be accompanied by a detailed declaration setting forth the specific reasons for the requested continuance. The declaration also should state whether there have been any previous requests for continuances; whether these requests were granted or denied by the Court; what efforts were made to meet the existing deadline; and what, if any, prejudice would result if the request is denied. Stipulations extending dates set by this Court are not effective unless approved by the Court. Continuances will not be granted routinely. D. Motions In Limine Motions in limine are heard at the date and time of the Final Pretrial Conference and shall be e-filed twenty-eight (28) calendar days before the Final Pretrial Conference. Unless leave of Court is granted, each party is limited to five motions in limine. The motions shall be prepared and filed consistent with Local Rule 6-1 and Local Rule 7. They shall be numbered sequentially by each party who presents them. -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 The supporting memorandum shall not exceed ten (10) pages. Any opposition(s) shall be e-filed fourteen (14) calendar days before the Final Pretrial Conference and shall not exceed 10 pages. The Court will permit oral argument on motions in limine; therefore, a reply is not required. The Court hears all motions in limine , which shall be numbered sequentially by each party who presents them, at the time of the Final Pretrial Conference. E. Daubert Motions Daubert motions shall be noticed for hearing no later than eight weeks before the Final Pretrial Conference date. F. Motions for Class Certification If this action is a putative class action, the parties are to act diligently and begin discovery immediately, so that the motion for class certification can be filed expeditiously. This Court requires an extended briefing schedule for motions for class certification. Parties are advised to refer to the Court’s Scheduling Order for additional guidance as to filing and timing of motions for class certification. G. Motions Pursuant to Federal Rule of Civil Procedure 56 (Summary Judgment/Summary Adjudication Motions) For the requirements specific to Rule 56 motions, the parties shall refer to the Court’s Standing Order for Motions for Summary Judgment located on the Court’s website. (https://www.cacd.uscourts.gov/honorable-serena-r-murillo). The parties are expected to comply with all the Court’s requirements. H. Motions for Attorneys’ Fees Motions for attorneys’ fees shall be electronically filed and set for hearing according to Local Rule 6-1 and this Order. Any motion or request for attorneys’ fees shall attach two summaries, in table form, of the hours worked by and billing rate of each attorney with title (e.g., partner, counsel, associate, etc.). The first table shall include a summary of the hours worked by each attorney, organized by task (e.g., discovery, motion to dismiss, motion for summary judgment). The second table shall -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 include a summary of the hours worked by each attorney, organized by attorney. Both tables shall list all the tasks on which the attorney worked, the hours worked on each task, and the hourly rate of each attorney. If the hourly rate charged by any individual attorney changes while the action is ongoing, the party shall provide separate calculations for the total number of hours the attorney spent in connection with each task at each hourly rate. All tables shall be attached to the motion and electronically filed. The courtesy copies of the tables shall be prepared in Excel, with all restrictions removed so the spreadsheets can be edited, and emailed to the Court’s chambers email address at [email protected]. I. Motions to Reconsider Motions for reconsideration must meet the requirements for reconsideration set forth in the Federal Rules of Civil Procedure and/or Local Rules. A motion for reconsideration will “not be granted, absent highly unusual circumstances, unless the district court is presented with newly discovered evidence, committed clear error, or if there is an intervening change in the controlling law.” See Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009) (quoting 389 Orange St. Partners v. Arnold, 179 F.3d 656, 665 (9th Cir. 1999 ; see also C.D. Cal. R. 7-18 (listing other requirements). Motions for reconsideration should not be filed to rehash arguments or “raise arguments or present evidence for the first time when they could reasonably have been raised earlier in the litigation.” Id. (quoting Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000 . Filing motions for reconsideration that do not adhere to the above requirements may result in sanctions being imposed. J. PLRA Exhaustion Motions The issue of exhaustion under the Prison Litigation Reform Act (PLRA) must be raised at the beginning of the litigation. Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014). A party seeking to obtain a judicial determination of any material fact dispute precluding summary judgment on the exhaustion issue must file before this Court a -17- request for a hearing within 14 days of the filing of the order denying summary judgment. The failure to file a timely request may be construed as a waiver of the exhaustion issue. IX. HEARINGS A. Submission Without Oral Argument Pursuant to Federal Rule of Civil Procedure 78 and Local Rule 7-15, the Court may deem a matter appropriate for decision without oral argument. If the Court does so, it will notify the parties before the hearing. B. Oral Argument Time Limits If oral argument is permitted, the parties will have 10 minutes each for oral argument, unless the Court states otherwise. If the Court believes the matter warrants less or more time, it will advise counsel at the hearing. C. Remote Appearances Remote appearances are disfavored absent good cause shown in a filed declaration. D. Telephonic Hearings The Court seldom permits telephonic appearances. The Court strongly prefers counsel to appear in person for motion hearings and pretrial and settlement conferences. If exceptional circumstances exist, counsel may file an application to appear telephonically detailing such circumstances. E. Settlement Counsel must notify the Court at least two weeks before the scheduled hearing if the parties are conducting settlement discussions that may render the motion moot and must notify the Court immediately if a settlement is reached. A belated notice of settlement wastes scarce judicial resources. 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 -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 X. EX PARTE APPLICATIONS (INCLUDING TEMPORARY RESTRAINING ORDERS AND APPLICATIONS FOR INJUNCTIVE RELIEF). A. Ex Parte Applications Generally Ex parte applications are solely for extraordinary relief and should be used with discretion. See Mission Power Eng’g Co. v. Cont’l Cas. Co., 883 F. Supp. 488 (C.D. Cal. 1995). Ex parte applications that fail to conform to Local Rule 7-19, including a statement of opposing counsel’s position, will not be considered, except on a specific showing of good cause. Concurrently with service of the ex parte papers by electronic service and telephonic notice, counsel for the moving party shall also serve the non-moving party by either facsimile, email, or personal service, and give notice to the non-moving party that opposing papers must be filed no later than 24 hours (or one court day) following service. If counsel does not intend to oppose the ex parte application, counsel must inform the Courtroom Deputy Clerk by telephone or email as soon as possible. Applications seeking relief on an ex parte basis—either requesting not to give proper notice to an opposing party and/or requesting an expedited briefing schedule— are highly disfavored. This is especially true when the ex parte relief is sought due to (1) the applicant’s lack of diligence; (2) a crisis of the applicant’s own making; (3) an applicant’s unwillingness to work through issues with the opposing party; or (4) an applicant’s last minute or a half-hearted attempt to meet and confer. Even when the opposing party is given the opportunity to respond, such ex parte motions “are inherently unfair,” “pose a threat to the administration of justice,” “debilitate the adversary system,” and force both the opposing counsel and the Court “to drop all other work to respond on short notice.” Mission Power Eng’g, 883 F. Supp. at 490. As such, ex parte applications are strongly discouraged, and frivolous ex parte motions may result in sanctions being imposed on the moving party. If, on the rare occasion and with a party’s demonstration of due diligence during the entire period leading up to the deadline, compliance with a Court deadline is not -19- possible, a party may file an ex parte application and propose a hearing date. The moving party must support the application with facts showing that its “cause will be irreparably prejudiced if the underlying motion is heard according to regular noticed motion procedures” and “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.” Id. at 492. Merely reciting these requirements is not sufficient. Further, the moving party should not assume that an unopposed ex parte application will be granted; and a last-minute application (or stipulation) that is denied will not serve to relieve a party of an underlying obligation (e.g., a soon-to-expire deadline). B. Ex Parte Applications for TROs An ex parte application for a temporary restraining order or preliminary injunction under Federal Rule of Civil Procedure 65, seeks an “extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief.” Winter v. NRDC, Inc., 555 U.S. 7, 22 (2008) (citation omitted). Such applications must comply with Local Rule 7-19 (and Local Rule 65 for temporary restraining orders and preliminary injunctions). The moving party must serve the opposing party by email, fax, or personal service, and notify that party that opposing papers must be filed not later than 48 hours following service or by 3:00 p.m. on the first court day after the service, whichever is later, or certify pursuant to Rule 65 and Local Rule 65-1 the efforts made to give notice and reasons why it should not be required under the circumstances. The opposing party should advise the CRD as soon as possible whether it intends to oppose the ex parte application. For TROs, the parties must provide Mandatory Chambers Copies of TRO-related documents on the same day they are filed. The application will not be considered until a Mandatory Chambers Copy has been provided. Unless the application presents a true emergency, the Court generally will not rule on the application for relief for at least 48 hours (or two court days) after the party subject to the requested order has been served. 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 XI. OTHER MATTERS A. Class Actions If this action is a putative class action, the parties are to act diligently and begin discovery immediately so that the motion for class certification can be filed expeditiously. A motion for class certification must be filed not later than 120 days from the date initially set for the scheduling conference, unless the Court orders otherwise. B. 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 is 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 a scheduling conference order 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 preparing 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 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 papers. C. 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. -21- XII. CONSEQUENCES FOR NONCOMPLIANCE WITH THIS ORDER If, without satisfactory explanation, counsel fails to file the required Joint Rule 26(f) Report or the required pretrial documents, fails to appear at any scheduled proceeding, or otherwise fails to comply with the Court’s Orders or rules, the Court shall take any action it deems appropriate, including (i) dismissal of the case for failure to prosecute, if the failure occurs on the part of the plaintiff; (ii) striking the answer resulting in default if such failure occurs on the part of the defendant; and/or (iii) imposing monetary sanctions against the offending party and counsel. IT IS SO ORDERED. DATED: HON. SERENA R. MURILLO 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 -22-

=== Order Setting Scheduling Conference and Worksheet SRM UPDATED JULY 2025 ===

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, ORDER SETTING SCHEDULING CONFERENCE v. [DEFENDANT’S NAME], Defendant. PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This matter is set for a Scheduling Conference on the above date in Courtroom 5D of the United States Courthouse, 350 West First Street, Los Angeles, CA 90012.1 If Plaintiff has not already served the operative complaint on all Defendants, Plaintiff shall do so promptly and shall file proofs of service within three (3) days thereafter. 1 By default, all scheduling conferences shall proceed in-person, unless a request is made by the parties and granted by the Court. Requests to appear via Zoom must be e-filed by the Friday before the conference and must indicate that counsel has met and conferred per Local Rule 7-3. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 See Fed. R. Civ. P. 4; Local Rule 4. Defendants shall also timely file and serve their responsive pleadings and file proofs of service within three (3) days thereafter, in compliance with the requirements of Local Rule 5-3.2. At the Scheduling Conference, the Court will dismiss all remaining fictitiously named Defendants. The Court will also set a date by which motions to amend the pleadings or add parties must be heard. The Scheduling Conference will be held pursuant to Federal Rule of Civil Procedure 16(b). The parties are reminded of their obligations under Federal Rule of Civil Procedure 26(f) to confer on a discovery plan no later than twenty-one (21) days before the Scheduling Conference. The Court encourages counsel to agree to begin to conduct discovery actively before the Scheduling Conference. At the very least, the parties shall comply fully with the letter and spirit of Federal Rule of Civil Procedure 26(a) and thereby obtain and produce most of what would be produced in the early stages of discovery, because at the Scheduling Conference the Court will impose strict deadlines to complete discovery. This Court does not exempt parties appearing pro se from compliance with any of the Federal Rules of Civil Procedure and the Local Rules, including Local Rule 16. See Local Rule 1-3, 83-2.2.3. “Counsel,” as used in this Order, includes parties appearing pro se. I. Joint Rule 26(f) Report The Joint Rule 26(f) Report must be filed no later than seven (7) days after the meeting of counsel and fourteen (14) days before the Scheduling Conference. The Court discourages the submission of courtesy chambers copies of Joint Rule 26(f) Reports that have been electronically filed. The Joint Rule 26(f) Report shall be drafted by Plaintiff or, if the parties otherwise agree, by Defendant’s counsel. If Plaintiff is appearing pro se, the Joint Rule 26(f) Report shall be drafted by Defendant’s counsel unless Plaintiff prefers to do so. In all circumstances, the Joint Rule 26(f) Report must be signed jointly. “Jointly” means a single report, regardless of how many separately represented parties are involved in 2 the case. The Joint Rule 26(f) Report shall specify the date of the Scheduling Conference on the caption page. The Joint Rule 26(f) Report shall address the matters set forth in Federal Rule of Civil Procedure 26(f) and Local Rule 26, some of which are enumerated below, and shall also contain the following: A. Statement of the Case: A short statement by each party, not to exceed two (2) pages, setting forth that party’s factual summary of the case, including the basis for any claims, counterclaims, or defenses. B. Subject Matter Jurisdiction: A statement of the specific basis for federal jurisdiction, including supplemental jurisdiction. If there is a federal question, cite the federal law under which the claim arises. C. Legal Issues: A brief description of the key legal issues, including any unusual substantive, procedural, or evidentiary issues. D. Damages: The realistic range of provable damages. E. Parties and Evidence: A list of parties, percipient witnesses, and key documents with respect to the main issues in the case. For conflict purposes, corporate parties must identify all subsidiaries, parents, and affiliates. The parties should discuss the likelihood of appearance of additional parties, if any. F. Insurance: Whether there is insurance coverage, the extent of coverage, and whether there is a reservation of rights. G. Manual for Complex Litigation: Whether all or part of the procedures of the Manual for Complex Litigation should be utilized. H. Motions: A statement of the likelihood of motions seeking to add other parties or claims, file amended pleadings, transfer venue, or challenge the Court’s jurisdiction. 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 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 J. Status of Discovery: A discussion of the present state of discovery, including a summary of completed discovery, and any current or anticipated disputes. K. Discovery Plan: A detailed discovery plan, as contemplated by Federal Rule of Civil Procedure 26(f). State what, if any, changes in the disclosures under Federal Rule of Civil Procedure 26(a) should be made, the subjects on which discovery may be needed, whether discovery should be conducted in phases or otherwise be limited, whether applicable limitations should be changed or other limitations imposed, and whether the Court should enter other orders. A statement that discovery will be conducted as to all claims and defenses, or other vague description is not acceptable. L. 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). M. 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 private mediation at the parties’ expense. The parties must indicate their preference in their Joint Rule 26(f) Report.2 No case will proceed to trial unless all parties, including an officer with full settlement authority for corporate parties, have appeared personally at an ADR proceeding. N. 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 be prepared to discuss in detail the basis for the estimate. 2 Where the parties fail to select an ADR method, the Court will be default select the Court Mediation Panel per Local Rule 16-15.3. 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 O. Trial Counsel: The name(s) of the counsel who will try the case. P. Magistrate Judge: Whether the parties agree to try the case before a magistrate judge. Pursuant to 28 U.S.C. § 636 and General Order 05-07 (also referred to as General Order 194), the parties may consent to have a magistrate judge preside over all proceedings, including jury trials. The parties may choose any magistrate judge identified on the Central District website.3 The consent form may also be found on the Central District website.4 Q. Independent Expert or Master: Whether the Court should consider appointing a master pursuant to Federal Rule of Civil Procedure 53 or an independent scientific expert at the parties’ expense. The appointment of a master may be especially appropriate in cases where the parties anticipate substantial discovery disputes, numerous claims to be construed in connection with a motion for summary judgment, a lengthy Daubert hearing, or a resolution of a difficult computation of damages. R. Schedule Worksheet: The parties must make every effort to agree on all pretrial and trial dates. The parties must submit a completed copy of the attached Schedule of Pretrial and Trial Dates Worksheet (“Worksheet”) with their Joint Rule 26(f) Report. The entries in the “Time Computation” column reflect what the Court believes is appropriate for most cases and will allow the Court to rule on potentially dispositive motions sufficiently in advance of the Final Pretrial Conference. However, the parties may propose earlier dates by which the key requirements must be completed. Each date should be stated as month, day, and year (e.g., 2/10/2022). Hearings shall be held on Wednesdays starting at 1:30 p.m. Other deadlines not involving the Court may be scheduled any day of the week. The parties must avoid 3 A list of magistrate judges in the Central District of California can be found at https://www.cacd.uscourts.gov/judges-schedules-procedures. 4 The Statement of Consent to Proceed Before a United States Magistrate Judge (CV-11D) can be found at https://www.cacd.uscourts.gov/sites/default/files/forms/CV-011D/CV-11D.pdf. 5 holidays. The Court may order different dates than those required. The discovery cut- off date is the last day by which all depositions must be completed, responses to previously served written discovery must be provided, and motions concerning discovery disputes must be heard, not filed. In other words, any motion challenging the adequacy of discovery responses must be filed timely, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date, if the motion is granted. If the parties wish the Court to set dates in addition to those on the Worksheet, they may so request by a separate stipulation and proposed order. Additional hearings are often appropriate for class actions, patent cases, and cases for benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”). If the parties agree on a date, the agreed-upon date should be put in the Plaintiff’s column while the Defendant’s column should be marked “Agree.” If the parties disagree on a date, each party should put their proposed date in their respective column. S. Class Actions: If the action is a putative class action, the parties are to use the Class Action Worksheet found on the Court’s website and provide a proposed briefing schedule for the motion for class certification. The schedule must provide for at least twenty-one (21) days between the filing of the reply and the hearing and should include a discovery cut-off date in advance of the date for filing of the motion. The Court expects the parties to act diligently and begin discovery immediately, because the motion must be filed no later than one-hundred-twenty (120) days from the date originally set for the Scheduling Conference, unless the Court orders otherwise. In other words, a continuance of the date for the Scheduling Conference will not extend the time to file the motion for class certification. T. Patent Cases: If the action is a patent case, the parties are to use the Patent Action Worksheet found on the Court’s website. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 U. Other Issues: A statement of any other issues affecting the status or management of the case, such as unusually complicated technical or technological issues, disputes over protective orders, extraordinarily voluminous document production, witnesses who will need the assistance of a court interpreter, reasonable ADA accommodations, discovery in foreign jurisdictions, the applicability of foreign law, the advanced age or health of parties or key witnesses, and any proposals concerning severance, bifurcation, or other ordering of proof. The Joint Rule 26(f) Report should set forth the above-described information under section headings corresponding to those in this Order. II. Trade Secret Cases This provision shall apply in any case in which there is a claim, counterclaim, or crossclaim for misappropriation of trade secrets in violation of either the California Uniform Trade Secret Act (“CUTSA,” Cal. Civ. Code. § § 3426–3426.11) or Defend Trade Secrets Act (“DTSA,” 18 U.S. Code §§ 1836–1839). As a matter of case management, this Court requires the identification of trade secrets with particularity that are akin to the disclosure required by California law. See Cal. Civ. Proc. Code § 2019.210 (“In any action alleging the misappropriation of a trade secret . . . before commencing discovery relating to the trade secret, the party alleging the misappropriation shall identify the trade secret with reasonable particularity”). A party asserting a claim for trade secrets must both serve upon the opposing party and file (under seal if appropriate) a trade secret identification statement that includes: (1) a numbered list of each trade secret at issue, including a summary each of trade secret, and specific elements that define each trade secret (and if appropriate, elements that distinguish the claimed trade secret from similar and more broadly known technologies); (2) the background of the trade secret and a description of how each secret has derived independent, actual or potential economic value by virtue of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 not being generally known to the public; and (3) a description of how each secret has been the subject of reasonable efforts to maintain its secrecy. This identification statement shall be used throughout the litigation. For example, at summary judgment, either party may move for summary judgment as to any one of or combination of the individually identified trade secrets, and at trial, the jury may find that claims have been proven as to any one of or combination of the individually identified trade secrets. The trade secret identification may only be amended with leave of the Court (via either stipulation or motion). The identification must comply with the requirements of California law for trade secret identifications pursuant to Section 2019.210. See, e.g., Advanced Modular Sputtering, Inc. v. Sup. Ct., 132 Cal. App. 4th 82, 836 (2005) (The plaintiff must identify the trade secrets with “sufficient particularity” to distinguish the trade secrets from “matters of general knowledge in the trade or of special knowledge of those persons skilled in the trade.” (internal alterations omitted . The identification must be filed and served within 60 days from the date of this order. Should the parties wish, they may agree to a later deadline and should state as such in the 26(f) report. Discovery into trade secrets shall not commence until the identification has been served and filed, but the plaintiff may commence discovery on any other subject prior to the identification. III. Scheduling Conference A. Continuance: A request to continue the Scheduling Conference will be granted only for good cause. The parties should refer to the Court’s Standing Order for additional guidance regarding requests for continuance. B. Vacating Scheduling Conference: The Court may vacate the Scheduling Conference and issue the Scheduling Order based solely on the parties’ Joint Rule 26(f) Report pursuant to Federal Rule of Civil Procedure 16(b). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Rule 26(f) Report: The failure to submit a Joint Rule 26(f) Report in advance of the Scheduling Conference or to attend the Scheduling Conference may result in dismissal of the action, striking of the answer and entry of default, and/or imposition of sanctions. IV. 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. V. Disclosures to Clients Counsel are ordered to deliver to their clients a copy of this Order. VI. Court’s Website This and all other generally applicable orders of this Court are available on the Central District of California website5 and on Judge Murillo’s webpage.6 The Local Rules are also available on the Central District of California website.7 The Court thanks the parties and their counsel for their anticipated cooperation. IT IS SO ORDERED. Dated: ________________ ___________________________________ HON. SERENA R. MURILLO UNITED STATES DISTRICT JUDGE 5 The website for the Central District of California can be found at http://www.cacd.uscourts.gov/. 6 Judge Murillo’s webpage can be found at https://www.cacd.uscourts.gov/honorable-serena-r-murillo. 7 Copies of the Local Rules are available at https://www.cacd.uscourts.gov/court-procedures/local-rules. 9 DISTRICT JUDGE SERENA R. MURILLO 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 Tuesday 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], Hearing on Motions in Limine [Wednesday at 2:00 p.m. at least 20 days before trial] Event1 Note: Hearings shall be on Wednesdays at 1:30 p.m.2 Other dates can be any day of the week. Time Computation3 Pl(s)’ Date mm/dd/yyyy Def(s)’ Date mm/dd/yyyy Last Date to Hear Motion to Amend Pleadings or Add Parties [Wednesday] 6 weeks after scheduling conference Fact Discovery Cut-Off (no later than deadline for filing dispositive motion) Expert Disclosure (Initial) Expert Disclosure (Rebuttal) Expert Discovery Cut-Off Last Date to Hear Motions [Wednesday]  Parties shall take note of the Court’s briefing schedule as set forth in the Civil Standing Order, found on Judge Murillo’s website 24 weeks before FPTC 23 weeks before FPTC 21 weeks before FPTC 19 weeks before FPTC4 12 weeks before FPTC Deadline to Complete Settlement Conference [L.R. 16-15] Select one: ☐ 1. Magistrate Judge ☐ 2. Court Mediation Panel ☐ 3. Private Mediation 10 weeks before FPTC Select deadline and settlement method. Select deadline and settlement method. Trial Filings (first round)  Motions in Limine  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]  Declarations containing Direct Testimony, if ordered (bench trial (bench trial only) only) Trial Filings (second round)  Oppositions to Motions in Limine  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) 4 weeks before FPTC 2 weeks before FPTC 1 The parties may seek dates for additional events by filing a separate stipulation and proposed order. 2 By default, all hearings shall proceed in-person, unless a request is made by the parties and granted by the Court. Requests to appear via Zoom must be e- filed by the Friday before the hearing and must indicate that counsel has met and conferred per Local Rule 7-3. 3 The numbers below represent the court’s recommended timeline. The parties may propose alternate dates based on the needs of each individual case. But in every case, the last date to hear motions shall be no later than eight (8) weeks before the deadline for Trial Filings (First Round), and the deadline for Trial Filings (First Round) and Trial Filings (Second Round) must be no later than four (4) and two (2) weeks before the FPTC, respectively. 4 The parties may choose to cut off expert discovery prior to the deadline to file a motion for summary judgment.

=== Scheduling Worksheet SRM - Class Action - UPDATED JULY 2025 ===

DISTRICT JUDGE SERENA R. MURILLO SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET – CLASS ACTION CASES 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 [Tuesday 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], Hearing on Motions in Limine [Wednesday at 2:00 p.m. at least 20 days before trial] Event1 Note: Hearings shall be on Wednesdays at 1:30 p.m.2 Other dates can be any day of the week. Time Computation3 Pl(s)’ Date mm/dd/yyyy Def(s)’ Date mm/dd/yyyy Class Certification – Initial Disclosures Last Date to Hear Motion to Amend Pleadings or Add Parties [Wednesday] One month before deadline to hear motion to amend pleadings 6 weeks after Scheduling Conference Class Certification – Discovery Cut-Off Set by parties Class Certification – Motion for Class Certification Deadline Class Certification – Opposition Deadline Class Certification – Reply Deadline Class Certification Motion Hearing 120 days from Scheduling Conference One month from Class Cert Motion Deadline One Month from Opp. deadline 21 days after Reply Deadline for Notice of Collective Action to be mailed to putative plaintiffs One month after hearing Opt-in Period Cut-Off Fact Discovery Cut-Off (no later than deadline for filing dispositive motion) Expert Disclosure (Initial) Expert Disclosure (Rebuttal) Expert Discovery Cut-Off 6 weeks after notice deadline 24 weeks before FPTC 23 weeks before FPTC 21 weeks before FPTC 19 weeks before FPTC4 Last Date to Hear Motions [Wednesday] • Parties shall take note of the Court’s briefing schedule as set forth in the Civil Standing Order, found on Judge Murillo’s website 12 weeks before FPTC 1 The parties may seek dates for additional events by filing a separate stipulation and proposed order. 2 By default, all hearings shall proceed in-person, unless a request is made by the parties and granted by the Court. Requests to appear via Zoom must be e-filed by the Friday before the hearing and must indicate that counsel has met and conferred per Local Rule 7-3. 3 The numbers below represent the court’s recommended timeline. The parties may propose alternate dates based on the needs of each individual case. But in every case, the last date to hear motions shall be no later than eight (8) weeks before the deadline for Trial Filings (First Round), and the deadline for Trial Filings (First Round) and Trial Filings (Second Round) must be no later than four (4) and two (2) weeks before the FPTC, respectively. 4 The parties may choose to cut off expert discovery prior to the deadline to file a motion for summary judgment. Deadline to Complete Settlement Conference [L.R. 16-15] Select one: ☐ 1. Magistrate Judge ☐ 2. Court Mediation Panel ☐ 3. Private Mediation 10 weeks before FPTC Select deadline and settlement method. Select deadline and settlement method. Trial Filings (first round) • Motions in Limine • 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] • Declarations containing Direct Testimony, if ordered (bench trial only) (bench trial only) Trial Filings (second round) • Oppositions to Motions in Limine • 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) 4 weeks before FPTC 2 weeks before FPTC

=== Scheduling Worksheet SRM - Patent - UPDATED JULY 2025 ===

DISTRICT JUDGE SERENA R. MURILLO SCHEDULE OF PATENT PRETRIAL AND TRIAL DATES WORKSHEET – PATENT CASES1 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: Patent 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 [Tuesday 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], Hearing on Motions in Limine [Wednesday at 2:00 p.m. at least 19 days before trial] Event2 Note: Hearings shall be on Wednesdays at 1:30 p.m.3 Other dates can be any day of the week. Pl(s)’ Date mm/dd/yyyy Def(s)’ Date mm/dd/yyyy Last Date to Disclose Infringement Contentions and Make Document Production Accompanying Disclosure [P.R. 3-1, 3-2] Last Date to Disclose Invalidity Contentions and to Make Document Production Accompanying Disclosure [P.R. 3-3, 3-4] Last Date to Exchange Proposed Terms and Claim Elements for Construction [P.R. 4-1] Last Date to Exchange Preliminary Claim Constructions and Extrinsic Evidence [P.R. 4-2] Last Date to File Joint Claim Construction and Prehearing Statement [P.R. 4-3] Last Date to Complete Claim Construction Discovery [P.R. 4-4] Last Date to File Simultaneous Opening Claim Construction Briefs4 Last Date to File Simultaneous Responsive Claim Construction Briefs Requested Date for Claim Construction Hearing [P.R. 4-6] Last Date for Advice of Counsel Defense [P.R. 3-7] Last Date to Serve Final Infringement Contentions Based on Markman Order Last Date to Serve Final Invalidity Contentions Based on Markman Order 1 The following trial and pretrial dates worksheet adopts the Claim Construction Proceeding Guidelines as set by the Patent Local Rules of the Northern District of California. All references to the patent rules (“P.R.”) refer to the Northern District rules. All references to the local rules (“L.R.”) refer to the Local Rules of the Central District of California. 2 The parties may seek dates for additional events by filing a separate stipulation and proposed order. 3 By default, all hearings shall proceed in-person, unless a request is made by the parties and granted by the Court. Requests to appear via Zoom must be filed by the Friday before the hearing and indicate that counsel has met and conferred per L.R. 7-3. 4 The Court will not construe more than ten disputed claim terms absent good cause and prior approval. Last Day to Hear Motion to Amend Pleadings or Add Parties [Wednesday] (6 weeks after scheduling conference) Non-Expert Discovery Cut-Off (24 weeks before FPTC, no later than deadline for filing dispositive motion) Expert Disclosure (Initial) (23 weeks before FPTC) Expert Disclosure (Rebuttal) (21 weeks before FPTC) Expert Discovery Cut-Off (19 weeks before FPTC)5 Last Date to Hear Motions [Wednesday] (12 weeks before FPTC) • Motion for Summary Judgment due at least 6 weeks before hearing • All other motions due at least 4 weeks before hearing • Opposition due 1 week after motion is filed • Reply due 1 week after opposition is filed Deadline to Complete Settlement Conference [L.R. 16-15] (10 weeks before FPTC) Select one: ☐ 1. Magistrate Judge ☐ 2. Court Mediation Panel ☐ 3. Private Mediation Trial Filings (first round) (4 weeks before FPTC) • Motions in Limine • Memoranda of Contentions of Fact and Law [L.R. 16-4] • Witness Lists [L.R. 16-5] • • • • Declarations containing Direct Testimony, if ordered (bench trial only) 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) Trial Filings (second round) (2 weeks before FPTC) • • • • • • • • Oppositions to Motions in Limine 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) 5 The parties may choose to cut off expert discovery prior to the deadline to file a motion for summary judgment.

=== Civil Trial Order UPDATED SEPTEMBER 2025.pdf ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA [PLAINTIFF’S NAME], Case No.: Plaintiff, CIVIL TRIAL ORDER v. [DEFENDANT’S NAME], Defendant. 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. Schedule and Deadlines The Scheduling Conference was previously VACATED. The Pretrial Schedule governing this action is set forth in the far-right column labeled “Court Order” located on the Schedule of Pretrial and Trial Dates Worksheet, which accompanies this Order. The Worksheet states whether the trial will be by jury or 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”). The parties are advised that 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, not filed. In other words, any motion challenging the adequacy of discovery responses must be filed timely, served, and calendared sufficiently in advance of the relevant discovery cut-off date to permit the responses to be obtained before that date, if the motion is granted. The parties should refer to the Court’s Standing Order for requirements 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 Standing Order is available on Judge Murillo’s webpage at https://apps.cacd.uscourts.gov/Jps/honorable-serena-r-murillo. Both the Court and all counsel bear responsibility for the progress of litigation in this Court. “Counsel,” as used in this Order, includes parties appearing pro se.2 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. 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 Civil Rules”), and this court’s standing orders and online procedures and schedules. See Local Rules 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 All emailed submissions to Chambers referred to in this Order must be in Word format and emailed to [email protected]. 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.3 The parties must be prepared to discuss streamlining the trial, including presentation of testimony by deposition excerpts or summaries, time limits, stipulations to undisputed facts, and qualification of experts by admitted resumes. A proposed Final Pretrial Conference Order (“Proposed FPTCO”) shall be filed and emailed to Chambers at least fourteen (14) days before the FPTC. A template for the Proposed FPTCO is available on Judge Murillo’s webpage. The parties must use this template. In specifying the surviving pleadings under section 1, 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 3 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 for less experienced lawyers or lawyers whose identities and/or backgrounds further the diversity of the legal profession to participate in trial and in the FPTC, particularly where they contributed significantly to the underlying issue 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. 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 carefully drafted and comprehensively stated stipulation of facts will shorten the trial and generally increase jury understanding of the case. In drafting the factual issues in dispute, the parties must state issues in ultimate fact form, not in the form of evidentiary fact issues. 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 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 forty (40) days 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. Schedule for Filing Pretrial Documents The schedule for filing pretrial documents is as follows:  At least twenty-eight (28) days before the FPTC: o Motions in Limine o Memoranda of Contentions of Fact and Law o Witness list o Joint Exhibit list o Joint Status Report Regarding Settlement o Proposed Findings of Fact and Conclusions of Law (bench trial only) o Declarations containing Direct Testimony (bench trial only)  At least fourteen (14) days before the FPTC: o Oppositions to Motions in Limine 4 o Joint Proposed FPTCO o Joint Agreed Upon Proposed Jury Instructions (jury trial only) o Disputed Proposed Jury Instructions (jury trial only) o Joint Proposed Verdict Forms (jury trial only) o Joint Proposed Statement of the Case (jury trial only) o Proposed Voir Dire Questions, if any (jury trial only) o Evidentiary Objections to Declarations of Direct Testimony (bench trial only) All pretrial documents listed above, including any amended documents, shall be filed and emailed in Word version to [email protected] the day they are due. B. Requirements for Pretrial Documents 1. Motions in Limine Motions in limine will be heard and ruled on at the FPTC. The Court may rule orally instead of in writing. All motions in limine shall be filed and emailed to Chambers at least twenty-eight (28) days before the FPTC. Oppositions shall be filed and emailed to Chambers at least fourteen (14) days before the FPTC. There shall 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”). Motions in limine should not be disguised motions for summary adjudication of issues. No party may file more than five (5) motions in limine without seeking leave from the Court to do so. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 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. Witness Lists Witness lists shall be filed and emailed to Chambers twenty-eight (28) days before the FPTC. They 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 to Judge Murillo’s webpage. Any Amended Witness List must be filed and emailed to Chambers by 12:00 p.m. (noon) on the Friday before trial. 3. Joint Exhibit List The Joint Exhibit List shall be filed and emailed to Chambers twenty-eight (28) days before the FPTC. It must be in the format specified in Local Rule 16-6 and shall include additional columns stating any objections to authenticity and/or admissibility and the reasons for the objections, as well as responses to the objections. The parties must use the template posted to Judge Murillo’s webpage. Any Amended Joint Exhibit List shall be filed and emailed to Chambers by 12:00 p.m. (noon) on the Friday before trial. 4. Jury Instructions (Jury Trials Only) Joint Proposed Jury Instructions shall be filed and emailed to Chambers no later than fourteen (14) days prior to the FPTC. 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 shall meet and confer regarding jury instructions according to the following schedule:  Thirty-five (35) days before the FPTC: The parties shall exchange proposed general and special jury instructions.  Twenty-eight (28) days before the FPTC: The parties shall exchange any objections to the instructions. 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  Twenty-one (21) days before the FPTC: The parties shall meet and confer with the goal of reaching agreement on one set of Joint Proposed Jury Instructions.  Fourteen (14) days before FPTC: The parties shall file and email to Chambers: (1) their Joint Agreed Upon Proposed Jury Instructions and (2) their Disputed Jury Instructions. The parties shall file and email to Chambers clean and redline sets of: (1) their Joint Agreed Upon Proposed Jury Instructions; and (2) their Disputed Jury Instructions. The redline sets shall 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 shall 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 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. 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. 5 The CACI may be found on the California Court website at https://www.courts.ca.gov/partners/317.htm. 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 Format: Each requested instruction shall: (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. Index: All proposed jury instructions must have an index that includes the following for each instruction, as illustrated in the example below:  the number of the instruction;  the title of the instruction;  the source of the instruction and any relevant case citations; and  the page number of the instruction. Example: Instruction Number 1 Source Page Number 9th Cir. 8.5.1 1 Title Trademark- Defined (15.U.S.C. § 1127) Counsel also shall list the instructions in the order they will be given and indicate whether the instruction shall be read before opening statements, during trial, or before closing arguments. During the trial and before closing argument, the Court will meet with the parties to settle 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. 6 Per the Court’s 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. 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 5. Joint Verdict Forms (Jury Trials Only) The parties shall make every effort to agree on a general or special verdict form before submitting proposals to the Court. The parties shall file and email to Chambers a proposed joint general or special verdict form fourteen (14) days before the FPTC. If the parties are unable to agree on a verdict form, the parties shall file and email to Chambers one document titled “Competing Verdict Forms” which shall 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. 6. Joint Statement of the Case (Jury Trials Only) The parties shall file and email to Chambers a Joint Statement of the Case fourteen (14) days before the FPTC for the Court to read to the prospective jurors before commencement of voir dire. The joint statement should be brief and neutral and must not be more than one page in length. 7. Proposed Voir Dire Questions (Jury Trials Only) The Court will conduct the voir dire. Generally, a jury in a civil action will consist of eight (8) jurors. In most cases, the Court will question all prospective jurors in the jury panel. The Court asks prospective jurors basic biographical questions (jurors’ 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 and may ask additional case-specific questions. The parties may file and email to Chambers any proposed case-specific voir dire questions for the Court’s consideration no later than fourteen (14) days before the FPTC. If it considers the questions proper, the Court will pose the questions to the prospective jurors. Each side has three (3) peremptory challenges. All challenges for cause and all Batson challenges shall be made at side bar or otherwise outside the prospective jurors’ presence. The Court will not necessarily accept a stipulation to a challenge for 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 cause. After all challenges have been exercised, the remaining jurors in the eight (8) lowest numbered seats will be the jury. 8. Proposed Findings of Fact and Conclusions of Law (Bench Trials Only) For any trial requiring findings of fact and conclusions of law, each party shall file and email to Chambers its Proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3 no later than twenty-eight (28) days before the FPTC. Notwithstanding Local Rule 52, for any matter requiring findings of fact and conclusions of law, unless otherwise expressly ordered by the Court, counsel will also be required to file Proposed Findings of Fact and Conclusions of Law after the conclusion of the trial. The proposed Findings of Fact must include citations to admitted evidence. Where witness trial testimony is necessary to establish a given fact, the party must obtain a transcript of the proceedings and file relevant excerpts of those transcripts with the Proposed Findings of Fact and Conclusions of Law. In addition to filing, counsel must email Microsoft Word versions of their Proposed Findings of Fact and Conclusions of Law to the chambers email address. 9. Declarations of Direct Testimony (Bench Trials Only) When ordered by the Court in a particular case, each party shall file and email to Chambers declarations containing the direct testimony of each witness whom that party intends to call at trial at least twenty-eight (28) days before the FPTC. If such declarations are filed, each party shall file and email to Chambers any evidentiary objections to the declarations submitted by any other party at least fourteen (14) days before the FPTC. Such objections shall 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 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) 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 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. 10. Case-Specific Glossary The parties must provide a case-specific glossary for the Court Reporter that includes applicable medical, scientific, or technical terms, jargon, the names and spellings of 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 other individuals who might be mentioned, and other case-specific terminology. The case-specific glossary shall be filed and emailed in Word version to Chambers no later than the Friday before trial. III. Trial Exhibits Trial exhibits that consist of documents and photographs must be submitted to the Court in three-ring binders on the first day of trial promptly at 8:30 a.m. The parties shall submit to the Court four (4) sets of binders: one (1) original set of trial exhibits, and two (2) copies of trial exhibits. The original set of exhibits shall be for use by the jury during its deliberations, one copy will be for witnesses, and two copies are for the Court. The parties must prepare additional copies of exhibits for their own use. The parties must review the exhibit list and exhibit binders with the Courtroom Deputy before the admitted exhibits will 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. All exhibit tabs are to be stapled to the first page of the exhibit. Exhibits shall be numbered sequentially 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 shall not duplicate Plaintiff’s numbers. The spine of each binder shall indicate the volume number and the range of exhibit numbers included in the volume.  The original exhibits shall bear the official exhibit tags (yellow tags for Plaintiff’s exhibits, blue tags for Defendant’s exhibits, and green tags for 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 joint 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.  For electronic exhibits, the parties should provide a physical caption page with the exhibit tag and attach the physical flash drive or CD containing the electronic exhibits. If there are voluminous electronic exhibits, the parties should raise the issue with the Court at the Final Pretrial Conference.  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. For electronic exhibits, the copies should not include any physical flash drives or CDs. In addition to the four (4) sets of binders above, the parties must also submit to the Court a USB flash drive containing electronic versions of all exhibits and any excerpts of deposition transcripts to be used at trial, either as evidence or for impeachment. The USB flash drive must be delivered to the judge’s courtesy box located outside the Clerk’s Office on the Fourth Floor of the courthouse by 12:00 p.m. 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. 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 If electronic equipment must be brought into the courtroom for trial, counsel shall make prior arrangements with the Court Security. Notice must be given to the Courtroom Deputy 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 Courtroom Deputy’s copy of the exhibit list. IV. Materials to Present on First Day of Trial The parties must present the following materials to the Courtroom Deputy on the first day of trial promptly at 8:30 a.m.: 1. The four sets of binders described above, with one (1) original set of trial exhibits for the jury, and three (3) copies of trial exhibits for the Court and witnesses. 2. One copy of any excerpts of deposition to be used as trial as evidence. This copy is for the 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 “Real Time” transmission or daily transcripts, shall notify Court Reporting Services at least fourteen (14) days before the hearing date.7 VI. Daily Schedule for Jury Trials On the first day of trial, the parties must appear at 9:00 a.m. to discuss preliminary matters with the Court. The hours for the first day of trial will be 9:00 a.m. to 4:30 7 Additional information regarding Court Reporting Services may be found on the Central District of California website at http://www.cacd.uscourts.gov/court-reporting-services. 13 p.m. with two (2) 15-minute breaks and one (1) 1-hour lunch break, which is the Court’s normal trial schedule. 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. The parties may choose to proceed with the Court’s normal trial schedule or an alternate schedule for the remaining days of trial. The alternate schedule will be 8:30 a.m. to 2:30 p.m. with two (2) 20-minute breaks. The parties should meet and confer about their preferred schedule and state their preference in their proposed FPTCO. Wednesdays are usually reserved for the Court’s calendar. As a result, trial will not be held on Wednesdays unless the jury is deliberating or the Court’s calendar allows trial to proceed. Therefore, trial days are generally Monday, Tuesday, Thursday, and Friday. 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. B. Opening Statements, Witness Examinations, and Closing Arguments 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. When appropriate, the Court will establish and enforce time limits for all phases of trial, including opening statements, closing arguments, and the examination of witnesses. C. Objections to Questions 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 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. D. Court’s Rulings on Motions in Limine The parties must advise their witnesses of the Court’s rulings on the motions in limine and instruct them not to make any reference to the evidence excluded by the Court’s orders. All witnesses shall be instructed that to the extent that a witness must testify regarding excluded evidence in order to answer a question truthfully, the witness should not answer the question but request a sidebar by stating “Sidebar needed.” The parties must not make any reference to the Court’s orders on the motions in limine before the jury. E. 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 shall 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. F. General Decorum While in Session 1. Counsel must not approach the Courtroom Deputy, the jury box, or the witness stand without court authorization and must return to the lectern 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 8 In the event that a disability prevents a party from doing so, the party is advised to inform the Court in advance. 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 3. Counsel must address all remarks to the Court. Counsel must not address the Courtroom Deputy, the court reporter, persons in the audience, or opposing counsel. Any request to re-read questions or answers shall 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 shall 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 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. G. Punctuality 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 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 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 shall ensure the witness is back on the stand and ready to proceed as soon as trial resumes. 3. The parties must notify the Courtroom Deputy 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. H. Exhibits 1. Counsel must keep track of their exhibits and exhibit list, and record when each exhibit has been admitted into evidence. 2. Counsel are responsible for any exhibits they secure from the Courtroom Deputy 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 Courtroom Deputy 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. 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 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. I. 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 shall first state the page and line where the reading begins and the page and line 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 shall 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: (1) have an individual sit on the witness stand and read the testimony of the witness while the examining lawyer asks the questions; or (2) have counsel read both the questions and the answers. 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 J. 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. K. 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 Courtroom Deputy 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 Courtroom Deputy 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. L. Continuances of Pretrial and Trial Dates The Court has a strong interest in keeping scheduled dates certain. Accordingly, pretrial and trial dates set by the Court are firm, and rarely will be changed. Any request for continuance of pretrial and/or trial dates must be by motion, stipulation, or application, and must be supported by a declaration setting forth the reasons for the requested relief. The declaration must contain a highly detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance and a description of the parties’ efforts, dating back to the filing of the complaint, of the steps they have taken to advance the litigation. This detailed showing must demonstrate that the work still to be performed reasonably could not have been 19 accomplished within the applicable deadlines. General statements are insufficient to establish good cause. The declaration should also include whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court. Stipulations extending dates set by the Court are not effective unless approved by the Court, and without compelling factual support and a showing of due diligence, stipulations continuing dates set by the Court will be denied. IT IS SO ORDERED. Dated: ___________________________________ HON. SERENA R. MURILLO 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 20 DISTRICT JUDGE SERENA R. MURILLO 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 Court Order mm/dd/yyyy Check one: ☐ Jury Trial or ☐ Bench Trial [Tuesday 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], Hearing on Motions in Limine [Wednesday at 2:00 p.m. at least 19 days before trial] Event Note: Hearings shall be on Wednesdays at 1:30 p.m. Other dates can be any day of the week. Time Computation Pl(s)’ Date mm/dd/yyyy Last Date to Hear Motion to Amend Pleadings or Add Parties [Wednesday] 6 weeks after scheduling conference Fact Discovery Cut-Off (no later than deadline for filing dispositive motion) Expert Disclosure (Initial) Expert Disclosure (Rebuttal) Expert Discovery Cut-Off Last Date to Hear Motions [Wednesday]  Parties shall take note of the Court’s briefing schedule as set forth in the Civil Standing Order, found on Judge Murillo’s website Deadline to Complete Settlement Conference [L.R. 16-15] Select one: ☐ 1. Magistrate Judge ☐ 2. Court Mediation Panel ☐ 3. Private Mediation 24 weeks before FPTC 23 weeks before FPTC 21 weeks before FPTC 19 weeks before FPTC 12 weeks before FPTC 10 weeks before FPTC Select deadline and settlement method. Trial Filings (first round)  Motions in Limine  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]  Declarations containing Direct Testimony, if ordered (bench trial (bench trial only) only) Trial Filings (second round)  Oppositions to Motions in Limine  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) 4 weeks before FPTC 2 weeks before FPTC

=== Standing Order for Motions for Summary Judgment SRM UPDATED JUN 2025 ===

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, STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT v. [DEFENDANT’S NAME], Defendant. READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. When filing or opposing a motion for summary judgment, a party must comply with Federal Rule of Civil Procedure 56, the Local Rules of the Central District of California, this Order, and the Court’s Standing Order for Civil Cases. The parties should prepare papers in a fashion that clearly identifies the facts material to the motion for summary judgment (e.g., generous use of tabs, tables of contents, headings, indices, etc.). The Court sets forth the following requirements for all motions brought pursuant to Federal Rule of Civil Procedure 56 (hereinafter referred to as MSJ), whether they are denominated as a motion for summary judgment or summary adjudication. STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT -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 A. GENERAL REQUIREMENTS 1. Meet and Confer. For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) days before the motion hearing cutoff set forth in the case management order. The parties shall thoroughly discuss each issue to be raised and the law and evidence relevant to that issue. A thorough discussion serves a critical function by often narrowing the issues to be adjudicated and allowing the parties to squarely and fully address the actual issues requiring resolution. 2. Joint Brief Required. The parties shall work cooperatively to submit a single joint brief for all MSJs brought by all moving parties. If multiple parties are moving for summary judgment, the parties should designate only one party as “the moving party” for purposes of the briefing schedule. The Court expects the parties to work together professionally and agree on which party should be designated as the moving party. If the parties are unable to agree, the defendant(s) shall be deemed the moving party. The parties may agree to modify the pre- filing deadlines in the briefing schedule without leave of Court only if (1) all parties agree to the modifications and (2) the MSJ is timely filed under the case management order. 3. Multiple Joint Motions are Highly Disfavored. No more than one joint motion may be filed under Federal Rule of Civil Procedure 56 without leave of court, regardless of whether such motion is denominated a motion for summary judgment or summary adjudication. In what should be the rare case in which leave of Court is sought, the parties shall file a joint noticed motion setting forth their respective positions on the existence of good cause for the filing of multiple motions. 4. Cross Motions on the Same Legal Issues are Highly Disfavored. The Court disfavors cross-motions that seek to adjudicate the same legal issues. If a non-moving party has a good faith belief that the undisputed material facts relied on by the moving party demonstrate that the opposing party is entitled to summary judgment on the same legal issue, the non-moving party should set forth its argument in its response to STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT -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 the moving party’s argument and request summary judgment. Pursuant to Federal Rule of Civil Procedure 56(f), if appropriately based on undisputed facts and controlling principles of law, the Court may grant summary judgment for the non-moving party or sua sponte enter summary judgment in favor of the non-moving party. If each party is seeking to move for summary judgment on different claims or defenses, each party should meet and confer and follow the same procedures set forth in this Order. 5. Appropriate Timing. As a courtesy to both the Court and the opposing party, a moving party should not wait until the last possible day to initiate the filing of an MSJ. On the other hand, premature MSJs—e.g., motions claiming that the opposing party has insufficient evidence when discovery does not close for another six months—only waste time and money for the parties and the Court. 6. Page Limitation and Format. Each separately represented party shall be limited to twenty-five (25) pages, excluding tables of contents and authorities. Replies shall not exceed ten (10) pages. Only rarely and for good cause shown will the Court grant an application to extend these page limitations. Each party is limited to using of a total of eight (8) footnotes. Pursuant to Local Rule 11-3.1.1, either a proportionally spaced or monospaced face may be used. Times New Roman font must be no less than 14 point. Footnotes shall be in the same font and the same size as the body of the memorandum. Counsel shall adhere to Local Rule 5- 4.3 with respect to the conversion of all documents to PDF format so that when a document is electronically filed, it is in proper size and is PDF searchable. Further, all documents shall be filed in a format so that text can be selected, copied, and pasted directly from the document. See C.D. Cal. L.R. 5-4.3.1. 7. Scheduling a Hearing. It is not necessary to clear a hearing date with the Courtroom Deputy before filing a motion. Immediately before filing the motion, parties must check the closed motion dates column located on the right side of Judge Murillo’s Procedures and Schedules Page on the STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT -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 Court’s website to ensure the hearing date has not been closed. The closed date column is typically updated on a weekly and sometimes daily basis. If a motion is calendared for a date that is closed or becomes unavailable on the Court’s calendar, the Court will issue a minute order continuing the motion to a date that is available. 8. Mandatory Chambers Copies. Parties are not required to submit chambers copies unless specifically ordered by the Court. The Court does require copies of materials that have not been filed on the electronic docket for the case (e.g., CD-ROMs, DVDs, USB drives, documents electronically filed in other cases or other districts). Materials, and if ordered, chambers copies, must be delivered to Judge Murillo’s mailbox on the Fourth Floor of the First Street Courthouse, 350 West First Street, Los Angeles, CA 90012. Where applicable, exhibits, declarations, etc. to chambers copies must be tabbed. Mandatory Chambers Copies need NOT be blue backed. Materials not filed on the electronic docket must be delivered no later than 12:00 p.m. (noon) the following business day after the document is electronically filed. B. JOINT BRIEF 1. Content and Organization of Joint Brief. The Joint Brief should contain the following: (1) a table of contents; (2) a table of authorities; (3) an optional brief introduction section stated jointly or, if stated separately by each party, stated under an appropriate subheading identifying the party (e.g., “ACME Co.’s Introduction” or “Defendant’s Introduction”); (4) a statement of facts section stated jointly or, if stated separately by each party, stated under an appropriate subheading identifying the party (e.g., “ACME Co.’s Statement of Facts” or “Defendant’s Statement of Facts”) (5) an analysis or argument section that sets forth the summary judgment standard, followed by arguments organized by issue that present the parties’ competing positions on an issue-by-issue basis. For each issue, the moving party shall present legal argument, citation to authority where applicable, and citation to the Joint Appendix of Facts, see below, followed immediately by the opposing party’s response that similarly STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT -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 must be supported by legal argument, citation to authority, and citation to the Joint Appendix of Facts. To illustrate the foregoing, the following suggested organization is provided: Table of Contents Table of Authorities I. Introduction A. Moving Party’s Introduction B. Opposing Party’s Introduction Statement of Facts A. Moving Party’s Statement of Facts B. Opposing Party’s Statement of Facts II. III. Legal Standard IV. Analysis A. Moving Party’s Argument 1: 1. Summary Judgment Should be Granted on Plaintiff’s Breach of Contract Claim because . . . . Opposing Party’s Response 2. B. Moving Party’s Argument 2: 1. 2. Summary Judgment Should be Granted on Plaintiff’s Tort Claim because . . . . Opposing Party’s Response V. Conclusion A. Moving Party’s Conclusion B. Opposing Party’s Conclusion To illustrate a cross motion for summary judgment, the following suggested organization is provided: Table of Contents Table of Authorities I. II. Introduction Statement of Facts A. Moving Party’s Statement of Facts B. Opposing Party’s Statement of Facts III. Summary Judgment Standard IV. Defendant’s Motion for Summary Judgment A. Defendant’s Argument 1: STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT -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 1. 2. Summary Judgment Should be Granted on Plaintiff’s Breach of Contract Claim because . . . . Opposing Party’s Response B. Defendant’s Argument 2: 1. 2. Summary Judgment Should be Granted on Plaintiff’s Tort Claim because . . . . Opposing Party’s Response V. Plaintiff’s Motion for Summary Judgment A. Plaintiff’s Argument 1: 1. 2. Summary Judgment Should be Granted on Plaintiff’s employment claim because . . . Opposing party’s Response VI. Conclusion A. Plaintiff’s Motion 1. 2. Plaintiff’s Conclusion Defendant’s Conclusion B. Defendant’s Motion 1. 2. Defendant’s Conclusion Plaintiff’s Conclusion 2. Briefing Schedule. The schedule for the Joint Brief shall be as follows: (a) Meet and Confer. For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) calendar days before the motion hearing cutoff set forth in the case management order. The parties, however, should make every effort to meet sooner than the sixtieth day to allow sufficient time to discuss the MSJ and for briefing. (b) Moving Party’s Portion of the Joint Brief. No later than fourteen (14) days after the meet and confer, the moving party shall personally deliver or email to the opposing party an electronic copy of the moving party’s portion of the Joint Brief, together with the moving party’s portion of the Joint Appendix of Facts and Joint Appendix of Evidence, see below. These documents should allow the opposing party to integrate content without modifying the moving party’s separate portions of the Joint Brief, Joint Appendix of Facts, and Joint Appendix of Evidence. STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT -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 (c) Opposing Party’s Portion of the Joint Brief. No later than fourteen (14) days after receiving the moving party’s papers, the opposing party shall personally deliver or email to the moving party an electronic copy of the integrated motion, which shall include the opposing party’s portion of the Joint Brief, Joint Appendix of Facts, and Joint Appendix of Evidence. The opposing party shall not modify in any way the moving party’s separate portions of the joint brief. At this point, the opposing party should sign the Joint Brief. (d) Filing of Joint Brief. After receiving the integrated version of the motion and related papers, the moving party shall finalize it for filing without making any further revisions to the Joint Brief and appendices, except to note in the Joint Appendix of Facts (in the format described in the instructions below) whether any facts added by the opposing party are disputed or undisputed. Once finalized, the moving party’s counsel shall sign and electronically file the Joint Brief, Joint Appendix of Facts, and Joint Appendix of Evidence no later than four (4) days after receiving the opposing party’s signed copy. Thus, the Joint Brief must be filed no later than twenty-eight (28) days before the motion hearing cutoff set forth in the case management order and in accordance with the requirements of Local Rule 6-1. The Joint Brief shall be accompanied by a Notice of Motion and Motion for Summary Judgment and shall be calendared pursuant to the Local Rules on an available date within the motion hearing cutoff. (e) Reply Memorandum. No later than seven (7) days after the Joint Brief is filed and no later than twenty- one (21) days before the scheduled hearing date, the moving party may separately file a reply memorandum of points and authorities, not exceeding ten (10) pages in length. The moving party may not use this filing to supplement the Joint Appendix of Facts or the Joint Appendix of Evidence in any way. No additional briefing or filing in support of or in opposition to the MSJ is permitted. 3. Stipulations to Extend Briefing Schedule. STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT -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 The parties may stipulate to a lengthier briefing schedule that is reasonable for all parties. If the parties are filing cross-motions for summary judgment on different claims, the briefing schedule will need to be adjusted to accommodate the cross-motions. Any stipulation to a lengthier briefing schedule must be provided to the court no later than 21 days prior to the hearing date and comply with the motion hearing cut-off deadline. C. JOINT APPENDIX OF FACTS (JAF) The Joint Brief shall be accompanied by a single statement of undisputed and disputed facts contained in a Joint Appendix of Facts (JAF) presented in a table format. 1. Table Format. The JAF table shall contain four columns. (a) Column No. 1. The first (far left) column shall contain the number of the fact alleged to be undisputed. All asserted undisputed facts shall be sequentially numbered and divided into sections according to the element of proof to which the facts relate. (b) Column No. 2. The second column shall contain a plain statement of the fact. Facts shall not be compound (e.g., Mike and Jane signed a contract, and Jane mailed the contract in May 2017). Each fact must be stated separately in its own row, as shown below. Neither legal arguments nor conclusions constitute facts. Facts shall not be repeated if they relate to multiple claims for multiple elements of proof. The first reference to a fact in the Joint Appendix of Facts shall serve and—through incorporation by reference—can be cited to support all subsequent claims (e.g., “See JAF 1–5”). (c) Column No. 3. The third column shall contain a citation to admissible evidence that supports the proffered fact; the evidence cited must be included in the Joint Appendix of Evidence. If citing to a specific page contained within an exhibit, refer to the page number. If citing to statements contained within a deposition transcript, refer to the page number and line number. If citing to an excerpt of an audio recording or video footage, refer to the timestamp. If citing to multiple sources, each should be separated by semicolons. (d) Column No. 4. The fourth column shall contain the opposing party’s STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT -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 response to the fact alleged to be undisputed: (1) stating that the fact is undisputed or disputed, (2) briefly stating why the opposing party disputes the fact, (3) citing with specificity the evidence that refutes the fact, and (4) explaining how the cited evidence refutes the fact. The evidence cited must be included in the Joint Appendix of Evidence. 2. Headers. Where feasible, parties should use headers to group facts relevant to a particular issue. See Example below. 3. Example. The table below illustrates the format that must be used. No. Fact Supporting Evidence Def’s Response Plaintiff’s Claim for Breach of Contract is Barred by the Statute of Limitations. Disputed. Jane testified that Smith Decl. ¶ 5, 1. Mike and Jane signed a the contract was for a lease, Ex. 6 at 21). contract for the sale and not a purchase. (Jane Depo. purchase of property. 29:4-16, Ex. 1). Disputed in Part. Jane testified she mailed the contract in January 2017. Jane mailed the contract in May 2017. Smith Decl. ¶ 8, Ex. 21 at 4. 2. Plaintiff Concealed a Material Fact When Entering into the Contract Jane Depo. 3:4-10, Ex. 1. 3. Jane stated the property was not located in a flood zone. Smith Decl. ¶ 8, Ex. 6; Jane Depo. 42:4-16. Disputed. Jane testified that she mailed Mike a FEMA risk map in February 2017. Jane Depo. 42:4-16, Ex. 1. 4. Good-Faith Preparation. The parties shall cooperate to prepare the JAF in good faith. (a) The parties shall work cooperatively to identify a single set of facts alleged to be undisputed to avoid unnecessary duplication or confusion. (b) The parties shall provide only material facts, in a noncompound form, arranged according to their relevancy to a particular issue. Do not rotely “cut and paste” STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT -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 from the “Statement of Facts” of the Joint Brief. (c) If a party disputes a fact in bad faith by offering evidence that does not contradict the proffered fact or by failing to provide a specific citation to the supporting evidence, the Court will deem the fact undisputed for purposes of the motion. See Fed. R. Civ. P. 56(e)(2); L.R. 56-4 (d) If a party disputes a fact in part, the disputing party should state “Disputed in Part,” highlight the disputed part in bold italics, and provide the specific evidentiary support for the dispute (see example above). A party that lacks candor in failing to acknowledge the limited extent of the dispute forces the Court to expend needless resources discovering it itself. (e) The JAF should be as narrow and concise as the issues on summary judgment properly warrant. If the Court determines that the JAF is unjustifiably long or unwieldy, the Court may strike the JAF and require the parties to refile it (and any document citing it) within two (2) business days. (f) The parties shall not engage in deliberate gamesmanship designed to abuse the process and should be prepared to justify each purportedly disputed fact at the hearing. Abuses include, but are not limited to, the following tactics: i. ii. Stating a fact is undisputed when it clearly is not; Disputing a clearly undisputed fact in whole or part; iii. Manufacturing a dispute by mischaracterizing evidence, reframing the stated fact in order to dispute the fact as reframed, or using an evidentiary objection to dispute an undisputed fact; iv. Making legal argument in the JAF; and v. Introducing clearly irrelevant or immaterial facts for the obvious D. JOINT APPENDIX OF EVIDENCE (JAE) purpose of obfuscation. The Joint Brief shall be accompanied by a Joint Appendix of Evidence (JAE)— i.e., a separate, tabbed appendix of all evidence in support of or opposition to the MSJ, STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT -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 including declarations, deposition excerpts, documents, photographs, etc. Physical evidence (e.g., video recordings) shall be lodged separately. No evidence should be attached to a memorandum of points and authorities or included anywhere other than in the JAE. The JAE shall include a table of contents and be filed as a single, combined PDF; more than one PDF may be filed if file-size constraints preclude filing the JAE as a single PDF. In the event multiple PDFs are necessary to file the JAE, each file shall be titled by part and exhibit series (e.g., JAE Part 1, Exhibits 1–50). Each exhibit within the JAE must be bookmarked; the bookmark should include the exhibit number and a brief description of the exhibit (e.g., Ex. 1 – Jones Depo. Excerpts). Declarations shall set out admissible facts without any argument, and evidence must be submitted either by stipulation or as exhibits to declarations sufficient to authenticate the proffered evidence and must not be attached to the Joint Brief. No party shall submit evidence other than the specific evidence necessary to support or controvert a proposed statement of undisputed fact. Do not, for example, submit the entire deposition transcripts or an entire set of interrogatory responses when relying on only a portion of such documents. The parties may submit only one deposition transcript from any given witness. For example, if both plaintiff and defendant would like to cite to John Smith’s deposition, then the parties must provide only one exhibit of Mr. Smith’s deposition transcript that both parties may cite to. Thus, if both parties seek to rely on the same evidence, the parties may submit the entire deposition transcript for ease of reference. E. JOINT APPENDIX OF OBJECTIONS (JAO) The Joint Brief shall be accompanied by a Joint Appendix of Objections (JAO)— i.e., evidentiary objections, if any, shall be made in a single, separate document presented in a four-column table as follows: Objector Evidence Objection (O) / Response (R) Ruling Plaintiff 1. “Scott told Abigail that Zach was his killer.” (Scott O: Hearsay. R: Because Scott made this statement under the belief of Sustained STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT -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 Decl. ¶ 8.) imminent death, it falls under the hearsay exception found in Federal Rule of Evidence 804(b)(2). Overruled Failure to comply with this formatting requirement will result in a waiver of the objections. Blanket or boilerplate objections will be overruled and disregarded. If any party has an objection to evidence that is claim- or case-dispositive, the party must state the objection in the appropriate section of the Joint Brief. Both parties are encouraged to include an explanation for why the objection should be overruled/sustained in the third column. F. HEARING 1. Oral Argument Time Limits. If oral argument is permitted, each party will have 10 minutes, unless the Court states otherwise. If the Court believes the matter warrants less or more time, it will advise counsel at the hearing. 2. Submission Without Oral Argument. Pursuant to Fed. R. Civ. P. 78 and Local Rule 7-15, the Court may deem a matter appropriate for decision without oral argument. If the Court does so, it will notify the parties via minute order before the hearing. 3. Remote Appearances. Remote appearances are not permitted absent good cause. The Court strongly prefers counsel to appear in person for MSJ hearings. If exceptional circumstances exist, counsel may file an application to appear remotely detailing such circumstances. 4. Settlement. Counsel must notify the Court at least two weeks before the scheduled hearing if the parties are conducting settlement discussions that may render the motion moot and must notify the Court immediately if a settlement is reached. A belated notice of settlement wastes scarce judicial resources. G. FAILURE TO COMPLY STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT -12- If it appears that the parties have not met and conferred in good faith, have not worked to fully integrate the Joint Brief, JAF, JAE, or JAO, or have otherwise failed to fully comply with this Order, the motion may be stricken, and the parties may be required to repeat the process. The deadline for hearing the motion will not be continued for failure to comply with this Order, absent good cause. IT IS SO ORDERED. Dated: _____________________________________ HON. SERENA MURILLO 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 STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT -13-

=== Criminal Standing Order SRM - UPDATED JUN 2025 ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No. STANDING ORDER FOR CRIMINAL CASES UNITED STATES OF AMERICA, Plaintiff, v. [DEFENDANT’S NAME], Defendant. This criminal case has been assigned to the calendar of United States District Judge Serena R. Murillo. This Standing Order for Criminal Cases, Federal Rules of Criminal Procedure, the Local Criminal Rules of the Central District of California (“Local Criminal Rules”), and the applicable Local Civil Rules of the Central District of California (“Local Civil Rules”) will govern this case. The Court periodically updates this Order. Counsel should obtain the latest version of this Order under Orders & Additional Documents at the bottom of Judge Murillo’s webpage on the Court’s website. (https://www.cacd.uscourts.gov/honorable-serena-r-murillo). The version date appears in the electronic file name. -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 To ensure the just determination of this action, and “to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay,” as called for in Fed. R. Crim. P. 2, all parties or their counsel, including pro se1 defendants, are ordered to be familiar with this Order, the Federal Rules of Criminal Procedure, the Local Criminal Rules, the Local Civil Rules, this Court’s online Procedures and Schedules, and the law governing the issues in this case.2 Unless the court orders otherwise, the following rules shall apply. A. GENERAL REQUIREMENTS 1. Filing. (a) Caption. The captioned title of every filing shall contain: (a) the name of the first-listed defendant as well as the name(s) and number(s) (in the order listed in the Indictment) of the particular defendant(s) to whom the filing applies, unless the document applies to all defendants; (b) the individual defendant’s registration number when applicable to the relief requested (e.g., requests for transfer, medical requests); and (c) the milestone dates for Indictment, Final Pretrial Conference (“FPTC”), Trial, and Last Day of the speedy trial period. (b) Docketing. All parties shall 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 shall be filed electronically so that it is clear from the docketing entry to which defendant(s) it applies. The cover page of 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. 1 Parties appearing pro se must comply with the Federal Rules of Civil Procedure and the Local Rules. See 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 shall govern the conduct of criminal proceedings before the District Court, unless otherwise specified.” Local Criminal Rule 57-1. -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 (c) Format of Filings. Pursuant to Local Civil Rule 11-3.1.1, either a proportionally spaced or monospaced typeface may be used. Typeface shall comply with Local Civil Rule 11-3.1.1. Times New Roman font must be no less than fourteen (14) point. Footnotes shall be in the same font and the same size as the text in the body of the document. (d) Attachments. Each declaration, exhibit, or other attachment accompanying a document must be filed as a separately docketed attachment to the main docket entry with a clear description (e.g., Dkt. 29-1, Smith Decl.; Dkt. 29-2, Ex. 1: License Agreement). (e) Proposed Orders. Proposed orders must state the relief sought, the defendant(s) affected, and, when relevant, the supporting rationale and authority, and must be submitted in a form that would originate from the Court. Do not include: (a) any attorney information on the caption page; (b) any information in the footer (except pagination); or (c) any watermark or firm designation anywhere. A template for proposed orders is available on Judge Murillo’s webpage. (f) Electronic Filing. Counsel must follow the Local Rules and General Orders concerning electronic filing, unless superseded by this Order. Counsel shall adhere to Local Civil Rule 5-4.3 with respect to the conversion of all documents to portable document format (PDF) so that when a document is e-filed, it is in the proper size and is PDF searchable. Further, all documents shall be filed in a format so that text can be selected, copied, and pasted directly from the document. See Local Civil Rule 5-4.3.1. (g) Mandatory Chambers Copies. The parties must not provide chambers copies unless specifically ordered by the court. If required, chambers copies are to be submitted pursuant to Local Rule 5-4.5 and to Judge Murillo’s mailbox on the 4th Floor of the First Street Courthouse. The Court does require copies of materials that have not been filed on the electronic docket for the case -3- (e.g., CD-ROMs, DVDs, USB drives, documents electronically filed in other cases or other districts). Please do not send paper copies of any other documents unless requested by the Court. Mandatory Chambers Copies need NOT be blue backed. 2. Courtroom Decorum. The court expects everyone in the courtroom to be treated with dignity and respect. Counsel may indicate their pronouns and honorifics and/or those of the defendant, or of any witness, 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. The Court expects the following from all court users:3 (a) They shall be punctual and prepared for all court appearances. (b) In court and through court filings, they shall address and/or refer to witnesses, counsel, parties, and court personnel by their surnames, pronouns, and honorifics, unless leave to do otherwise is granted. (c) They shall refrain from making gestures, facial expressions, or audible comments as manifestations of approval or disapproval of testimony or argument. Parties should also refrain from interrupting any other person in the courtroom when someone else is speaking. (d) They shall act professionally and speak civilly to court marshals, court clerks, court reporters, secretaries, and law clerks. 3. 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 the chambers’ email address at: 3 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [email protected] as soon as possible and not later than three (3) business days before the scheduled appearance. Counsel should try to agree on a new date to accommodate the calendar conflict. Counsel must propose a new date by 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. B. PRETRIAL PROCEDURES 1. Pretrial Detention Review. Any request for review of pretrial release conditions based on changed circumstances or information not previously presented to the Magistrate Judge shall be addressed in the first instance to the Magistrate Judge and shall be served on both opposing counsel and Pretrial Services. 2. Notice and Discovery. (a) Disclosure Requirements. Counsel shall comply with all notice and discovery obligations set forth in Fed. R. Crim. P. 12, 12.1–4, 15, and 16. The government shall promptly produce to counsel for the defendant(s) 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 Fed. R. Crim. P. 26.2 sufficiently in advance of trial or other proceedings to avoid delays. Defense counsel is reminded of its reciprocal discovery obligations pursuant to Fed. R. Crim. P. 26 and should promptly produce such materials to avoid trial delays. Counsel for the government shall also disclose to counsel for defendant(s) 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, -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 Roviaro, or Henthorn may lead to a finding of contempt, imposition of sanctions, referral to a disciplinary authority, adverse jury instructions, exclusion of evidence, and dismissal of charges. (b) Meet and Confer Requirement. Counsel shall meet and confer to resolve discovery disputes informally prior to filing a motion to compel discovery. All discovery motions shall state whether the meet and confer requirement has been satisfied and 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 such request. Both parties are required to meet and confer in good faith to reach a resolution without the need for a motion. The Court may decline to hear discovery motions made without prior consultation with opposing counsel. The parties are further advised that email correspondence alone is insufficient to satisfy this requirement. 3. Continuances. Requests for continuances of pretrial and trial dates must be made by motion, stipulation, or application. All requests must be signed by both the defendant(s), an interpreter when required, and counsel. Each request must include a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance, 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 and trial dates absent a detailed showing. General statements are insufficient to establish good cause. To the extent the request to continue dates is joint, it should state clearly that the government and defendant(s) agree. To the extent the action 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 the circumstances 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 the action; (2) the age of the -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 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. Counsel shall avoid submitting requests for continuance of trial less than one (1) week prior to the FPTC. A request to continue dates that have already expired constitutes a presumptive lack of due diligence. Requests extending dates set by the Court are not effective unless approved by the Court. The parties must first email the CRD to discuss available continuance dates prior to filing any motion, stipulation, or application requesting a continuance. 4. Pre-trial Motions (except motions in limine) (a) Meet and Confer Requirement. Counsel must meet and confer with opposing counsel “to discuss thoroughly… the substance of the contemplated pre-trial motion and any potential resolution” thereof. See Local Criminal Rule 57-1; Local Civil Rule 7-3. Counsel shall discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Both parties are required to meet and confer in good faith to reach a resolution without the need for a motion. The parties are further advised that email correspondence alone is insufficient to satisfy this requirement. (b) Length of Brief. Memoranda of points and authorities in support of or in opposition to motions (besides motions in limine) shall not exceed 7,000 words. Replies shall not exceed 3,000 words. These page counts include headings, footnotes, and quotations but exclude the caption, the table of contents, the table of authorities, the signature block, the certification required by L.R. 11-6.2, and any indices and exhibits. Only in rare instances and for good cause shown will the court grant an application to extend these word count limitations. No supplemental brief shall be filed without prior leave of court. -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c) Filing of Motions. Motions shall be filed in accordance with Fed. R. Crim. P. 47 and Local Criminal Rule 49, et seq., unless superseded by this Order. The Court hears motions in criminal actions on Thursdays, beginning at 9:00 a.m. Pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, and motions concerning character evidence under Fed. R. Evid. 404(b), shall be noticed for a Thursday that counsel mutually agree to and that is not closed on the Court’s calendar. Before filing a motion, the moving party should first email the CRD to discuss available dates. (d) Briefing Schedule. For all motions, other than motions in limine, the briefing schedule is as follows: motions shall be filed three (3) weeks prior to the hearing; oppositions or notices of non- opposition shall be filed two (2) weeks prior to the hearing; and replies, if any, shall be filed one (1) week prior to the hearing. All motions must be properly noticed for hearing no later than the date of the FPTC. 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 memorandum or other document. See Local Criminal Rule 57-1; Local Civil Rule 7-12. 5. Ex Parte Applications. (a) General Requirements. Ex parte applications are disfavored. Counsel are reminded that ex parte applications are solely for extraordinary relief. Applications that do not meet the requirements set forth in Local Civil Rule 7-19 will not be considered. Sanctions may be imposed for misuse of ex parte applications. See Mission Power Eng’g Co. v. Cont’l Cas. Co., 883 F. Supp. 488 (C.D. Cal. 1995). 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. The moving party must support the application -8- with facts showing that its “cause will be irreparably prejudiced if the underlying motion is heard according to regular noticed motion procedures” and “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.” Id. at 492. Merely reciting these requirements is not sufficient. If possible, the moving party shall serve the opposing party electronically. A party is considered served once the ex parte application has been e-filed. All parties registered for electronic service are notified of an 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. The Court considers ex parte applications on the papers and will set the matter for hearing if necessary. Counsel should not set ex parte applications for hearing. Following service of the ex parte application by electronic, facsimile, or personal service, the moving party shall 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. (b) Supervision-Related Relief. When requesting supervision-related relief (e.g., a travel or transfer request), the applicant must obtain the position of the U.S. Probation & Pretrial Services and any proposed conditions and set forth this information in the application. Ex parte applications to allow defendants to travel should be made well in advance of the proposed date of 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 declarations under penalty of perjury from the person paying the expenses. 6. Motions in Limine. (a) Meet and Confer Requirement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Before filing a motion in limine, the parties must meet and confer. The moving party must identify the evidence to be excluded or admitted, the specific terms of the order sought, and the rationale and supporting authority. Both parties are required to meet and confer in good faith to reach a resolution without the need for a motion. The parties are further advised that email correspondence alone is insufficient to satisfy this requirement. (b) Hearing at the Pretrial Conference. Motions in limine will generally be heard and ruled upon at the FPTC. The Court may rule orally instead of in writing. (c) Limitation on Number of Motions in limine. Each side is limited to five (5) motions in limine unless the Court grants leave to file additional motions. (d) Briefing. All motions in limine must be filed at least twenty-eight (28) days before the FPTC. Oppositions must be filed at least fourteen (14) days before the FPTC. There shall be no replies, unless ordered by the Court. Motions in limine and oppositions must not exceed ten (10) pages in length. Motions in limine should address specific disputed issues (e.g., not “to exclude all hearsay”). The Court may strike excessive, unvetted, or untimely motions in limine without notice. C. FINAL PRETRIAL CONFERENCE (FPTC) No later than one (1) week before the FPTC, the government shall file and email the documents described below in Microsoft Word format to [email protected]: • • • • • A trial memorandum; Proposed voir dire questions, if any; A witness list; An exhibit list; A joint case-specific glossary for the CRD; -10- • • Joint jury instructions in the form described below; and A joint proposed verdict form The government must provide a Mandatory Chambers Copy of each document delivered to Judge Murillo’s mailbox outside the Clerk’s Office on the 4th Floor of the First Street Courthouse no later than 5:00 p.m. on the first court day after the filing date. The Mandatory Chambers Copies must be “binder ready” (three-hole punched on the left side, without blue-backs or staples). 1. Trial Memorandum. The government’s trial memorandum shall 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 particular case. After a meet and confer, the government shall specify whether the parties agree or disagree on matters (1) through (4). 2. Witness Lists. Witness lists must identify all potential witnesses using full names—including middle names and the year of birth for common names—and must be in the format specified in Local Civil Rule 16-5. If the defense objects to identifying a potential witness (not already on the government’s list), the objection must be raised at the FPTC. For each witness, the list must include: (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 should use the template posted on Judge Murillo’s webpage. Any Amended Witness List must be filed by 12:00 p.m. (noon) on the Friday before trial and emailed to [email protected] in Microsoft Word format. 3. Exhibit Lists. Exhibit Lists must be in the format specified in Local Civil Rule 16-6 and shall include an additional column stating any objections to authenticity and/or admissibility and the reasons for the objections. The parties should use the template posted on Judge Murillo’s 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 -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 webpage. Exhibits shall be numbered sequentially 1, 2, 3, etc., not 1.1, 1.2, 1.3, etc. See Local Civil Rule 16-6. The list should include defense exhibits to the extent the defense does not object to disclosure. Any Amended Exhibit List must be filed by 12:00 p.m. (noon) on the Friday before trial and emailed to [email protected] in Microsoft Word format. 4. Case-specific Glossary. The parties must provide a joint case-specific glossary for the court reporter that includes applicable medical, scientific, or technical terms, gang terms, slang, the names and spellings of 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. 5. Jury Instructions (a) Joint Instructions Required. The parties must meet and confer to generate and provide joint instructions. For any disputed instruction, the opponent shall 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 following page, the proponent shall briefly respond to the objection with supporting authority. (b) Source. The parties must use the current edition of the Ninth Circuit’s Manual of Model Criminal Jury Instructions for all available instructions and otherwise the current edition of O’Malley, Grenig & Lee, Federal Jury Practice and Instructions. A party may submit alternatives to instructions in these two sets only if counsel has a reasoned argument that those instructions are incomplete or inaccurate. Each requested instruction shall be numbered and set forth in full on a separate page, citing the authority or source of the requested instruction. The Court seldom gives instructions derived solely from case law. (c) Disputed Instructions. -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 For any disputed instruction, the opponent shall 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 following page, the proponent shall briefly respond to the objection with supporting authority. Where appropriate, the disputed instructions shall 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. (d) No Blanks or Bracketed Language. Counsel should not leave blanks or inapplicable bracketed text in any instruction. It is counsel’s duty to conform the instructions to the case (e.g., inserting names of defendant(s) or witness(es) to whom the instruction applies and selecting the appropriate bracketed text, but not changing the standard language of the instruction). Where language appears in brackets in the model instruction, counsel must select the appropriate text and eliminate the inapplicable bracketed text. (e) Index. All proposed jury instructions must have an index that includes the following for each instruction, as illustrated in the example below: • • • • the number of the instruction; the title of the instruction; the source of the instruction and any relevant case citations; and the page number of the instruction. Example: Instruction Title Number Source Page Number #1 Conspiracy-Elements 9th Cir. 8.5.1 1 Counsel also shall list the instructions in the order they will be given and indicate whether the instruction shall be read before opening statements, during trial, or before closing arguments. -13- (f) “Clean” Electronic Copy. Counsel shall submit to the Chambers email [email protected] a “clean” set of all instructions in Word format that will be given to the jury, 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 Form. The parties shall make every effort to agree on a verdict form before submitting proposals to the Court. If the parties are unable to agree on a verdict form, the parties shall file and email to Chambers one document titled “Competing Verdict Forms” which shall 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. 7. Voir Dire Questions. The Court will conduct the initial voir dire. The Court will ask prospective jurors basic biographical questions (jurors’ place of residence, employment, whether familiar with the parties or counsel, etc.), as well as questions regarding their ability to be fair, impartial, and carry out the duties required. The Court may ask additional case-specific questions. Each party will then have ten (10) minutes to ask prospective jurors additional questions. All challenges for cause and all Batson challenges shall 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. D. TRIAL 1. Trial Schedule. The schedule for the first day of trial is typically 8:30 a.m. to 5:00 p.m. with two fifteen (15) minute breaks and a one (1) hour lunch break. 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 satisfied that the case is ready for trial. Depending on the nature of the case, jury selection may take only a few hours or a few days. The parties should be prepared to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -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 proceed with opening statements and witness examination immediately after jury selection. Thursday is usually reserved for the Court’s calendar. 2. Government Materials to be Presented on the First Day of Trial. (a) Documents and Binders. The government must present the following materials to the CRD on the first day of trial: • • • • Three (3) copies of the indictment/information; Three (3) copies of the government’s witness list; Three (3) copies of the government’s exhibit list; and The three binders described below, with one (1) original set of trial exhibits for the jury and two (2) copies of trial exhibits for the Court. (b) Contraband. Exhibits such as firearms, narcotics, etc., must remain in the custody of a law enforcement agent during the pendency of the trial. It shall be the responsibility of the agent to produce any such items for the Court, secure them at night, and guard them at all times while in the courtroom. The United States Marshals Service shall be advised well in advance if a weapon or contraband is to be brought into the courthouse. A placeholder page listing the nature of the exhibit (i.e., firearm, methamphetamine, etc.) and exhibit number shall be placed in the exhibit binder. 3. Defense Materials to be Presented at Trial. The Court prefers that defense counsel deliver defense exhibits to the CRD on the first day of trial, but counsel is not required to do so unless these exhibits have previously been provided to the government. Defense counsel is responsible for affixing completed exhibit tags with the case name and case number to all exhibits to be used in defendant’s case. In trials where the defense expects to admit more than ten (10) exhibits, defense counsel shall provide three exhibit binders, as described below. If possible, the exhibits are to be tabbed with numbers to correspond to the exhibits counsel expects to introduce. Defense counsel shall provide the Court with a copy of defense exhibits as they are introduced during trial if they have not previously been provided. Defense counsel shall -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 provide the government, the CRD, and the Court Reporter with the defense witness list and the defense exhibit list at the start of the defense case, at the latest. 4. Trial Exhibits Binder Requirements. (a) Three Binders. Trial exhibits containing documents and photographs must be submitted to the Court in three-ring binders. The parties must submit to the court three binders: (1) one binder containing the original set of trial exhibits; and (2) two binders containing copies of the trial exhibits. The original set of exhibits will be used 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 parties must review the exhibit list and exhibit binders with the CRD before the admitted exhibits will be given to the jury. (b) Exhibit Format. All exhibits placed in three-ring binders must be indexed by exhibit number with tabs or dividers on the right side. Exhibits shall 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 shall not duplicate Plaintiff’s numbers. The spine of each binder shall indicate the name of the case, case number, exhibit volume number, and the range of exhibit numbers included in the volume. (c) Exhibit Tabs. The original exhibits shall bear the official exhibit tags (yellow tags for 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. 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. (d) Enlargements and Charts. -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 An enlargement of an existing exhibit shall use the original exhibit number, followed by an “A.” Counsel shall 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. 5. Audio, Video Files, and Digital Evidence. Such evidence must be contained on a flash drive, unless otherwise directed by the Court. The party introducing the evidence is responsible for ensuring that the flash drive contains only admitted evidence. The parties should meet and confer in an effort to reach an agreement as to the admissibility of such evidence in its original form, as well as any excerpts thereof. Exhibits consisting of audio recordings should be accompanied by appropriate transcripts to assist the trial participants in following along. The party seeking to admit an audio recording should provide transcripts to the opposing party well in advance of trial and, during trial, to the Court, court reporter, each juror, and opposing counsel before the audio recording is played. The transcripts shall use the original exhibit number of the audio recording followed by an “A” for identification purposes. The transcripts will not be admitted into evidence and should be collected after the audio recording has been played. 6. Audio/Visual Equipment and Other Electronic Equipment. The Court provides audio/visual equipment for use during trial. The parties are encouraged to familiarize themselves with this equipment. 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 shall make prior arrangements with the Court Security, and counsel must provide notice no later than four (4) days before trial to the CRD at [email protected]. If equipment requires use of the Court’s loading dock, Counsel must request a court order. -17- 7. Special Court Reporter Services. Any party requesting special court reporter services for any hearing, such as “Real Time” transmission or daily transcripts, shall notify Court Reporting Services at least fourteen (14) days before the hearing date. E. CONDUCT OF ATTORNEYS AND PARTIES 1. 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. 2. 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. When appropriate, the Court will establish and enforce time limits for all phases of trial, including opening statements, closing arguments, and the examination of witnesses. 3. Objections to Questions. Counsel must not make so-called “speaking objections” before the jury or otherwise make speeches, restate testimony, or attempt to guide a witness. Instead, when objecting, counsel must rise and state only the legal grounds for the objection (e.g., “Objection, hearsay”). If the Court invites either clarification of the legal grounds for the objection or a response, counsel must not abuse the invitation by providing a factual argument before the jury. If counsel wishes to argue an objection, counsel must seek permission from the Court to do so. Sidebar conferences are generally not permitted at the request of counsel for evidentiary objections, especially for issues that could have been anticipated. Counsel should anticipate significant issues and schedule a hearing when the jury is not waiting— e.g., before the jurors arrive or after they leave for the day. 4. Special Accommodations. Counsel must notify the CRD in advance if a witness requires an interpreter or an accommodation under the Americans with Disabilities Act (or for any other reason). 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 -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 5. General Decorum While in Session. (a) Counsel shall not approach the witness or enter the well without the Court’s permission and shall return to the lectern when the permitted purpose has been accomplished. Counsel shall not leave counsel table to confer with investigators, witnesses, or others while court is in session without the Court’s permission. (b) Counsel must rise when addressing the Court, and when the Court or the jury enters or leaves the courtroom, unless directed otherwise. (c) Counsel must address all remarks to the Court. Counsel must not address the CRD, the court reporter, persons in the audience, or opposing counsel. Any request to re-read questions or answers shall be addressed to the Court. Counsel must ask the Court’s permission to speak with opposing counsel. (d) Counsel must not address or refer to witnesses or parties by first names alone, except for: (1) witnesses who are below age fourteen (14); and (2) witnesses who share the same last name. (e) Counsel must not offer a stipulation unless counsel has conferred with opposing counsel and has verified that the stipulation will be acceptable. Any stipulation of fact will require the defendant’s personal concurrence, must be explained to the defendant in advance, must be accompanied by the defendant’s signature, and must be submitted to the Court for approval. (f) 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 shall instruct their clients and witnesses not to engage in such conduct. (g) When the trial is not in session, 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. -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 (h) Where a party has more than one lawyer, only one attorney may conduct the direct or cross-examination of a witness or make objections as to that witness. (i) Bottled water is permitted in the courtroom. Food, gum, and other beverages are not permitted. Cell phones must be silenced or may be confiscated. 6. Punctuality. (a) 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. (b) If a witness was on the stand at the time of a recess or adjournment, the party that called the witness shall ensure the witness is back on the stand and ready to proceed as soon as trial resumes. (c) 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. (d) 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. (e) 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. 7. Exhibits. (a) No exhibit shall be placed before a witness unless a copy has been provided to the Court and opposing counsel. Counsel must keep track of their exhibits and exhibit list, and record when each exhibit has been admitted into evidence. (b) Counsel are responsible for any exhibits they secure from the CRD and must return them before leaving the courtroom. (c) Any exhibit not previously marked must be accompanied by a request -20- 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. (d) Counsel must inform the Court of any agreements reached regarding any proposed exhibits, as well as those exhibits that may be received into evidence without a motion to admit. When referring to an exhibit, counsel must refer to its exhibit number. Counsel should instruct their witnesses to do the same. Counsel should make every effort to correctly identify for the record the exhibit being referred to and should use specific descriptions when directing witnesses to identify items within the exhibit (i.e., “turning your attention to the bottom right-hand corner of exhibit 1,” versus “take a look at this right here”). (e) 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. (f) 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -21- 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 F. SENTENCING 1. Objections to Presentence Reports and Sentencing Position Papers. Any objections to presentence reports must adhere to the requirements of Fed. R. Crim. P. 32(f) and shall be filed within fourteen (14) days of receipt of the presentence report. Further, no later than fourteen (14) days before the sentencing hearing, each party shall submit either a sentencing memorandum or a written notice of intent not to file one. Any response memorandum shall be filed at least seven (7) days before the sentencing hearing. The Court does not permit sentencing documents to be filed under seal except as strictly necessary and justified. When necessary, a sentencing document may be filed under seal along with a redacted version that deletes the confidential information and justifies each deletion (e.g., “medical information”). 2. Sentencing Proceedings. The Court expects the parties to carefully consider the amount of time needed to prepare for sentencing before the hearing date is set. Once set, the sentencing hearing shall not be continued absent a detailed, substantial showing of good cause. The parties are hereby given notice that the Court will consult the Judiciary Sentencing Information data (“JSIN”) for the recommended Sentencing Guidelines range in preparation for all sentencing hearings. JSIN data is available at https://jsin.ussc.gov/analytics/saw.dll?Dashboard. 3. Sentencing Videos. Absent leave of Court and based upon a showing of good cause, the Court does not permit the submission or playing of sentencing videos. Before considering any sentencing video, the Court requires counsel to justify its submission, limit the video to less than ten (10) minutes, create a transcript, and provide the video and transcript to opposing counsel at least twenty-one (21) days before the hearing. 4. Supervision Violation Proceedings. Any material submitted for a hearing on an alleged or adjudicated violation of supervision shall be filed, when possible, seven (7) days before the hearing, and otherwise -22- no later than two (2) court days before the hearing, absent court approval and a showing of good cause set forth in a supporting declaration. IT IS SO ORDERED. Dated: June 11, 2025 ____________________________________ HON. SERENA R. MURILLO 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-

=== Procedures for Filing Under Seal Documents in Criminal Cases ===

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

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

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