CIVIL TRIAL SCHEDULING ORDER JWH Rev. 7-22-22; ORDER SETTING SCHEDULING CONFERENCE ORDER Rev. 03-01-23; SELF-REPRESENTATION ORDER Rev. 5-20-22; STANDING ORDER (Rev. 02-24-23)

=== CIVIL TRIAL SCHEDULING ORDER JWH Rev. 7-22-22 ===

1 2 3 4 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 FOR THE CENTRAL DISTRICT OF CALIFORNIA [PLAINTIFF], Case No.[case number] Plaintiff(s), v. [DEFENDANT], Defendant(s). CIVIL TRIAL SCHEDULING ORDER Last Day to Move to Amend Pleadings or to Add New Parties: in accordance with Fed. R. Civ. P. 15(a) & Fed. R. Civ. P. 16(b)(4) Deadline for Initial Designation of Expert Witnesses: [date] Deadline for Designation of Rebuttal Expert Witnesses: [date] All Discovery Cut-Off (including hearing of discovery motions): [date] Last day to Conduct Settlement Conference: [date] Dispositive Motion Hearing Cut-Off: [date] Deadline for Hearing on Motions in Limine: [date—seven days before PTC] at 9:00 a.m. Final Pretrial Conference: [date] at 1:00 p.m. Jury Trial: [date] at 9:00 a.m. Trial Estimate: xx days 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This case is set for trial before the Honorable John W. Holcomb in Courtroom 9D, Ronald Reagan Federal Building and U.S. Courthouse, 411 W. 4th Street, Santa Ana, California. I. AMENDING PLEADINGS AND ADDING PARTIES There is no separate deadline for the parties to amend their pleadings or to add parties. Parties who wish to amend pleadings or to add parties shall comply with Rule 15(a) and, if applicable, Rule 16(b)(4) of the Federal Rules of Civil Procedure, as well as L.R. 15-1 through L.R. 15-3 and L.R. 16-14. A. Schedule and Procedures II. MOTIONS Judge Holcomb hears motions in civil cases, through in-person appearances, on Fridays at 9:00 a.m. The cut-off date for hearing motions is the last day on which motions will be heard; i.e., the motion must be filed at least 28 days before the deadline in accordance with the requirements of L.R. 6-1. A copy of every motion-related document filed (including documents pertaining to claim construction hearings in patent cases) must be delivered to the chambers drop box outside Courtroom 9D or transmitted to chambers via FedEx, UPS, or other overnight delivery service (the “Mandatory Chambers Copy”). The cut-off date applies to all non-discovery motions except motions directly related to the conduct of trial (e.g., motions in limine and motions to sever parties or to bifurcate issues for trial). The parties are also reminded about their obligation to comply with L.R. 7-3, which requires a Conference of Counsel at least seven days before a party files most types of motions. The Court may deny a motion sua sponte if the moving party fails to comply strictly with L.R. 7-3. B. Motions for Summary Judgment The Court employs special procedures for summary judgment motions, including the parties’ preparation of a mandatory Joint Exhibit and Joint -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 Statement of Undisputed Facts and Genuine Disputes. The parties and their counsel are directed to the Standing Order for a full explanation. The Court reminds the parties that the cut-off date for hearing dispositive motions (i.e., summary judgment motions) is the last day on which motions will be heard, not filed. The Court encourages parties to confer early and often regarding anticipated summary judgment motions and, when appropriate, to file a stipulation and proposed order to set a briefing schedule that provides the parties with more time between filing and opposition, and between opposition and reply, than the one week that is provided under L.R. 6-1, 7-9, and 7-10. C. Motions in Limine All motions in limine (including Daubert motions) and other trial-related motions must be filed at least 28 days before the Final Pretrial Conference and properly noticed for hearing one week before the date of the Final Pretrial Conference. Oppositions to motions in limine are due 21 days before the Final Pretrial Conference (i.e., 14 days before the hearing on motions in limine). Replies will not be accepted. Counsel shall meet and confer thoroughly, in accordance with L.R. 7-3, in an effort to limit or eliminate the need for such trial-related motions. Memoranda of Points and Authorities in support of or in opposition to motions in limine shall not exceed 10 pages. Motions shall not be compound; i.e., each motion shall address only one item of evidence or witness. If common grounds for exclusion or admission apply to multiple items of evidence or witnesses, each motion shall address only one category of evidence or witnesses. Motions in limine should not be disguised motions for summary judgment or summary adjudication. D. Withdrawal and Non-Opposition of Motions All parties and counsel must comply with L.R. 7-16, which provides as follows: -3- Any moving party who intends to withdraw the motion before the hearing date shall file and serve a withdrawal of the motion, not later than seven (7) days preceding the hearing. Any opposing party who no longer intends to oppose the motion, shall file and serve a withdrawal of the opposition, not later than seven (7) days preceding the hearing. Failure to comply with this notification requirement may result in the imposition of sanctions on the offending counsel or party. If a defendant files a motion to dismiss a complaint and the plaintiff subsequently amends that complaint, then the defendant shall file a Notice of Withdrawal of its motion to dismiss in accordance with L.R. 7-16, without waiting for the plaintiff or the Court to take action on the motion. III. DISCOVERY Counsel shall initiate all discovery other than depositions at least 45 days before the cut-off date. The Court will not approve stipulations between counsel that permit responses to be served after the cut-off date except in unusual circumstances and for good cause shown. All depositions must be completed by the discovery cut-off deadline. Counsel shall lodge all original depositions that will be used in trial with the Courtroom Deputy Clerk on the first day of trial. Counsel are expected to resolve discovery problems without the assistance of the Court. Discovery disputes have been referred to the Magistrate Judge assigned to this case. The discovery cut-off is the last date to complete discovery, including expert discovery. It is also the last day for hearing any discovery motion. If not separately set forth above, the required expert disclosures shall be made 70 days before the discovery cut-off date. 1 2 3 4 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 IV. SETTLEMENT PROCEDURES Counsel must complete a settlement conference under the Court- Directed ADR Program (L.R. 16-15.4) no later than the date set by the Court above. If the parties desire to participate in an ADR procedure other than that elected in the Rule 26(f) Scheduling Report and Order, they shall file a stipulation with the Court. This request will not necessarily be granted. Counsel shall include in the proposed Pretrial Conference Order a status report detailing what procedure has been followed and the status of settlement efforts. The case may not proceed to trial unless all parties, including the principals of all corporate parties, have appeared personally at a settlement conference and have complied with L.R. 16-15.5. If a settlement is reached, it shall be reported immediately to this Court as required by L.R. 16-15.7. In all cases set for jury trial, the parties must notify the Court, no later than the Wednesday preceding the Monday trial date, of any settlement, so that the necessary arrangements can be made to bring in a different case for trial or to notify the members of the public who would otherwise be reporting for jury duty that their services are not needed that date. Failure to comply with this notification requirement may result in the imposition of sanctions on counsel for one or more parties, or their clients, or both. V. FINAL PRETRIAL CONFERENCE The Court will conduct a Final Pretrial Conference pursuant to Rule 16 of the Federal Rules of Civil Procedure and L.R. 16-1 on the date and time listed above. Each party appearing in this action shall be represented at the Final Pretrial Conference and at all pretrial meetings by its lead trial counsel. Counsel should be prepared to discuss streamlining the trial, including the presentation of testimony by deposition excerpts, time limits, stipulations regarding undisputed facts, and the qualification of experts by admitted resumes. In rare -5- cases where the Pretrial Conference is waived by the Court, counsel must follow L.R. 16-11. This Court does not exempt pro per parties from the requirements of L.R. 16. VI. MATTERS TO BE DISCUSSED AT THE FINAL PRETRIAL CONFERENCE Counsel shall be prepared to discuss the following matters with the Court at the Pretrial Conference: • the witnesses all parties intend to call during their respective cases, and the amount of time necessary for direct and cross examination of each witness; • any anticipated problems in scheduling witnesses; • any evidentiary issues, including anticipated objections under Rule 403 of the Federal Rules of Evidence, and objections to exhibits; • jury selection procedures; • all pretrial motions, including motions in limine and motions to bifurcate and to sever (which, as noted above, must be set for hearing at least one week before the Pretrial Conference); • any disputed jury instructions, and the form of the instructions that will be given to the jury at the outset of the case, i.e., before opening statements and presentation of evidence; • whether any counsel intends to use any evidence or demonstrative aid in opening statement; and • motions to exclude witnesses from the courtroom during trial testimony. If counsel for any party needs to arrange for the installation of their own equipment, such as video monitors, notebooks, or projection equipment, counsel shall notify the Courtroom Deputy Clerk no later than 4:00 p.m. on the Wednesday before trial so that the necessary arrangements can be made. 1 2 3 4 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 VII. PRETRIAL FILINGS Counsel shall submit carefully prepared Memoranda of Contentions of Fact and Law (which may also serve as the trial briefs) and proposed Pretrial Conference Orders in accordance with the provisions of L.R. 16-4 through 16-7. The form of the proposed Pretrial Conference Order shall be in conformity with the form set forth in Appendix A to the Local Rules. The filing schedule for pretrial documents is as follows: A. At Least 28 Days before Final Pretrial Conference • Motions in limine (which, as noted above, must be set for hearing at least one week before the Pretrial Conference)1 B. At Least 21 Days before Final Pretrial Conference • Memorandum of contentions of fact and law • Witness lists • Joint exhibit list • Oppositions to motions in limine (which, as noted above, must be set for hearing at least one week before the Pretrial Conference) C. At Least 14 Days before Final Pretrial Conference • Proposed Final Pretrial Conference Order • Proposed jury instructions and any objections thereto • Proposed verdict forms • Statement of the case • Proposed voir dire questions, if desired D. At Least 7 Days before Trial: • Trial briefs, if desired. 1 In rare instances, the Court will set the deadline for hearing motions in limine for a date other than one week before the Final Pretrial Conference. In those instances, motions in limine are due no later than 21 days before the hearing, and oppositions are due no later than 14 days before the hearing. -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 In drafting the Proposed Final Pretrial Conference Order, counsel shall make a good faith effort to agree on, and to set forth, as many uncontested facts as possible. The Court may read the uncontested facts to the jury at the start of the trial. In drafting the factual issues in dispute for the Proposed Final Pretrial Conference Order, the issues of fact should track the elements of a claim or defense upon which the jury would be required to make findings. Counsel should attempt to state issues in ultimate fact form, not in the form of evidentiary fact issues (i.e., “was the defendant negligent?”; “was such negligence the proximate cause of injury to the plaintiff?”; “was the plaintiff negligent?”; not, “was the plaintiff standing on the corner of 5th Street and Spring Avenue at 10:00 a.m. on May 3?”). Counsel may list sub-issues under the headings of ultimate fact issues, but shall not use this as a device to list disputes over evidentiary matters. Issues of law should state legal issues upon which the Court will be required to rule after the Pretrial Conference, including during the trial, and should not list ultimate fact issues to be submitted to the trier of fact. Each party shall list and identify its respective expert witnesses, if any. Failure of a party to list and identify an expert witness in the Proposed Final Pretrial Conference Order shall preclude a party from calling that expert witness at trial. E. Exhibit and Witness Lists Counsel are directed to prepare their exhibits by placing them in three- ring binders that are tabbed down the right side with exhibit numbers. The spine portion of the binder shall indicate the volume number and shall contain an index of each exhibit included in the volume. The binders are to be prepared with an original for the Courtroom Deputy Clerk, which shall be tagged with the appropriate exhibit tags in the upper right-hand corner of the first page of each -8- exhibit, and two copies for the Court (the “Judge’s binders”). Each binder shall contain an index of the included exhibits. The exhibits are to be numbered in accordance with L.R. 26-3. The Court requires the following to be submitted to the Courtroom Deputy Clerk on the first day of trial: • The original exhibits with the Court’s exhibit tags. The parties shall use yellow tags for Plaintiff and blue tags for Defendant, which shall be stapled to the front of the exhibit on the upper right corner with the case number, case name, and exhibit number placed on each tag. Counsel can obtain exhibit tags at the Clerk’s Office. Exhibit Tags (Plaintiff & Defendant, form G-014) are also available on the Court’s website, under “Court Procedures,” “Forms.” • Two Judge’s binders with a copy of each exhibit for use by the Court, tabbed with numbers as described above. (Court’s exhibit tags not necessary.) • Four copies of the exhibit index. The exhibit index shall be in the following form: Case No. Case Name: Exhibit No. Description Date Identified Date Admitted 3 1/30/2005 Letter from Doe to Roe • Four copies of witness lists in the order in which the witnesses may be called to testify. The witness lists shall be in the following form: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -9- Case No. Case Name: Witness Name 1. John Doe 2. Jane Roe Date Called to Testify All counsel shall meet no later than 10 calendar days before trial and shall stipulate to the extent possible regarding foundation, waiver of the best evidence rule, and admission into evidence of exhibits at the start of trial. The exhibits to be received will be noted on the extra copies of the exhibit lists. VIII. COURT REPORTER At least seven days before the commencement of trial, counsel for the parties shall provide the court reporter with a list of unusual words, phrases, and spellings that may come up during trial. This information should be emailed to Court Reporter Services at [email protected]. IX. JURY INSTRUCTIONS Fourteen calendar days prior to the L.R. 16-2 Meeting of Counsel, counsel shall exchange proposed jury instructions and special verdict forms (if applicable). Seven calendar days prior to the L.R. 16-2 meeting, counsel shall exchange any objections to the instructions and special verdict forms. Prior to or at the time of the L.R. 16-2 meeting, counsel shall meet and confer with the goal of reaching agreement regarding one set of joint, undisputed jury instructions and one special verdict form. The parties shall file proposed jury instructions fourteen calendar days before the Final Pretrial Conference. As always, the parties must submit Mandatory Chambers Copies to the Court. In addition, the parties must submit electronic versions (in Word format) to the Court at the following e-mail address: [email protected]. 1 2 3 4 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 As noted above, the parties must act jointly to submit proposed jury instructions. The parties must submit one set of agreed upon jury instructions. At the same time, the parties must submit another set of jury instructions containing the instructions upon which the parties disagree and the objections to those instructions. Where the parties disagree on an instruction, the party opposing the instruction must attach a short (i.e., one to two paragraphs) statement supporting the objection and the party submitting the instruction must attach a short statement supporting the instruction. Each statement should be on a separate page and should follow directly after the disputed instruction. Accordingly, the parties ultimately will submit one document or, if the parties disagree over any proposed jury instructions, two documents. If the parties submit two documents, those documents should consist of: (1) a set of agreed upon jury instructions; and (2) a set of disputed jury instructions along with reasons supporting and opposing each disputed instruction. Where the Manual of Model Civil Jury Instructions for the Ninth Circuit provides a version of a requested instruction, the parties should submit the Model instruction. Where California law applies, the Court prefers counsel to use JUDICIAL COUNCIL OF CALIFORNIA, CIVIL INSTRUCTIONS—(“CACI”). If neither of the above sources has an instruction on the subject, counsel are directed to consult the current edition of O’Malley, et al., FEDERAL JURY PRACTICE AND INSTRUCTIONS. Each requested instruction (a) shall cite the authority or source of the instruction; (b) shall be set forth in full; (c) shall be on a separate page; (d) shall be numbered; (e) shall cover only one subject or principle of law; and (f) shall not repeat principles of law contained in any other requested instruction. The Court will send a copy of the jury instructions into the jury room for use by the jury during deliberations. Accordingly, in addition to the file copies -11- described above, the parties shall file with the Courtroom Deputy Clerk and shall email to chambers on the first day of the trial a “clean set” of joint and/or proposed jury instructions that contain only the text of each instruction set forth in full on each page, with the caption “Court’s Instruction Number ” (eliminating titles, supporting authority, indication of party proposing, etc.). This version will be referred to as the “Jury Copy” of the jury instructions. An index page shall accompany all jury instructions submitted. The index page shall indicate the following: • The number of the instruction; • A brief title of the instruction; • The source of the instruction and any relevant case citations; and • The page number of the instruction. EXAMPLE: Number Title Source Burden of Proof 9th Cir. 12.02 7 X. JOINT STATEMENT OF THE CASE Counsel shall prepare a joint statement of the case which will be read by the Court to the prospective panel of jurors prior to the commencement of voir dire. The statement should not be longer than three paragraphs. The statement shall be filed with the Court fourteen calendar days before the Final Pretrial Conference. XI. TRIAL The Court sets firm trial dates. Counsel shall arrive at the Courtroom not later than 8:30 a.m. each day of trial. The Court reserves the time from 8:30 to 9:00 a.m. to handle legal and administrative matters outside the presence of the jury. The trial will commence promptly at 9:00 a.m. Counsel shall anticipate 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 matters that may need discussion or hearing outside the presence of the jury and to raise them during this period. The Court is in session with the jury on Mondays through Thursdays, 9:00 a.m. to 5:00 p.m., with a morning and an afternoon break and a lunch recess from approximately 12:00 noon to 1:00 p.m. In most instances, jury selection is completed on the first morning of trial, and counsel should be prepared to give opening statements and to begin their presentation of evidence immediately thereafter. All counsel shall observe the following practices during trial: • All counsel and parties shall rise when the jury enters and leaves the courtroom. • Counsel shall stand when addressing the Court, including when objecting to opposing counsel’s questions. • When objecting, counsel shall state only “objection” and the legal ground for the objection (e.g., hearsay, irrelevant, etc.). Counsel shall refrain from arguing the legal basis for the objection unless and until permission is granted to do so. Counsel shall instruct their witnesses to refrain from answering a question while an objection is pending. • Counsel must seek leave to approach the Courtroom Deputy Clerk or the witness and shall question witnesses while standing at the lectern. • Counsel shall not address or refer to witnesses or parties by first names alone, with the exception of witnesses under 14 years old. • Counsel shall not discuss the law or argue the case in opening statements. • Counsel shall address all remarks to the Court and shall not directly address the Courtroom Deputy Clerk, the Court Reporter, opposing counsel, or the jury (except in opening statement and closing argument). Counsel must ask the Court for permission to talk off the record in order to speak with opposing counsel. -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 • Counsel shall not make an offer of stipulation unless he or she has conferred with opposing counsel and believes that the stipulation will be accepted. • While Court is in session, counsel may not leave the counsel table to confer with witnesses, colleagues, or assistants elsewhere in the courtroom unless the Court grants permission to do so in advance. • Where a party has more than one lawyer, only one may conduct the direct or cross-examination of a particular witness or make objections with respect to that witness. • If a witness was on the stand before a recess or adjournment, counsel shall have the witness back on the stand and ready to proceed when Court resumes. • If there is more than a brief delay between witnesses, the Court may deem that the party has rested. • The Court attempts to cooperate with witnesses and will, except in extraordinary circumstances, accommodate them by permitting them to be examined out of sequence. Counsel should discuss any scheduling issues with opposing counsel. If there is an objection, counsel shall confer with the Court in advance. XII. BENCH TRIALS Twenty-one calendar days before the trial date, each party shall prepare and serve on opposing counsel copies of the proposed Findings of Fact and Conclusions of Law. Each party shall review the other party’s proposed Findings and Conclusions and make such changes in the party’s own proposed Findings and Conclusions as necessary following such review. Fourteen calendar days before the trial date, each party shall lodge two copies of its proposed Findings of Fact and Conclusions of Law with the Court, also serving other parties if changes have been made. The parties shall be prepared to submit -14- to the Court, and to exchange among themselves, supplemental Findings of Fact and Conclusions of Law during the course of the trial. XIII. WEBSITE Counsel are encouraged to review the Central District’s website for additional information: www.cacd.uscourts.gov. The Courtroom Deputy Clerk is ordered to serve a copy of this Order personally, electronically, or by mail on counsel for all parties to this action. IT IS SO ORDERED. Dated: John W. Holcomb 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 -15-

=== ORDER SETTING SCHEDULING CONFERENCE ORDER Rev. 03-01-23 ===

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA [PARTY], v. [PARTY], Case No. Plaintiff[s], ORDER SETTING SCHEDULING CONFERENCE Defendant[s]. Date: Time: Location: Courtroom 9D of the Ronald Reagan Federal Building and U.S. Courthouse, 411 W. 4th Street, Santa Ana, California PLEASE READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This case has been assigned to U.S. District Judge John W. Holcomb. This matter is set for a Scheduling Conference on the date set forth above. Unless otherwise indicated, the Scheduling Conference will be conducted in person, in Courtroom 9D of the Ronald Reagan Federal Building and U.S. Courthouse, 411 W. 4th Street, Santa Ana, California. If Plaintiff has not already served the operative Complaint on all defendants, then Plaintiff is DIRECTED to do so forthwith, and Plaintiff shall file proofs of such service within three days thereafter. Defendants shall also timely serve and file their respective responsive pleadings, and they shall file proofs of service within three days thereafter. The Court will conduct the Scheduling Conference pursuant to Rule 16(b) of the Federal Rules of Civil Procedure. The parties are reminded of their obligations under Rule 26(f) to confer regarding a discovery plan no later than 21 days before the Scheduling Conference and to file a “Joint Rule 26(f) Report” with the Court no later than 14 days before the Conference. The parties are not required to provide a Mandatory Chambers Copy of their Joint Rule 26(f) Report. The Court encourages counsel 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 Rule 26(a) and thereby obtain and produce most of what would be produced in the early stage of discovery, because at the Scheduling Conference the Court will impose strict deadlines to complete discovery. This Court does not exempt parties appearing in propria persona from compliance with any of the Local Rules, including L.R. 16. “Counsel,” as used in this order, includes parties appearing in propria persona. 1 2 3 4 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- I. JOINT RULE 26(f) REPORT The Joint Rule 26(f) Report, which shall be filed no later than 14 days before the Scheduling Conference, shall be drafted by Plaintiff (unless the parties agree otherwise), but shall be submitted and signed jointly. “Jointly” contemplates a single report, regardless of how many separately represented parties are in the case. The Joint Rule 26(f) Report shall specify the date of the Scheduling Conference on the caption page. It shall report on all matters described below, which include those required to be discussed by Rule 26(f) and L.R. 26: 1. Statement of the Case: A short synopsis (not to exceed two pages) of the main claims in the Complaint and in the Counterclaim (if any) and the primary affirmative defenses. 2. Subject Matter Jurisdiction: A statement of the specific basis of federal jurisdiction, including supplemental jurisdiction. 3. Legal Issues: A brief description of the key legal issues, including any unusual substantive, procedural, or evidentiary issues. 4. Parties, Evidence, etc.: A list of parties, witnesses, and key documents on the main issues in the case. For conflict purposes, corporate parties must identify all subsidiaries, parents, and affiliates. 5. 6. Damages: The realistic range of provable damages. Insurance: Whether there is insurance coverage, the extent of coverage, and whether there is a reservation of rights. 7. Motions: A statement of the likelihood of motions seeking to add other parties or claims, to file amended pleadings, to transfer venue, etc. 8. Manual for Complex Litigation: Whether all or part of the procedures of the Manual for Complex Litigation should be utilized for this case. 1 2 3 4 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 9. Status of Discovery: A discussion of the present state of discovery, including a summary of completed discovery. 10. Discovery Plan: A detailed discovery plan, as contemplated by Rule 26(f). State what, if any, changes in the disclosures under Rule 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. 11. Discovery Cut-off: A proposed discovery cut-off date. This means the final day for the completion of discovery, including the resolution of all discovery motions. 12. Expert Discovery: Proposed dates for expert witness disclosures (initial and rebuttal) and expert discovery cut-off under Rule 26(a)(2). 13. Dispositive Motions: A description of the issues or claims that any party believes may be determined by motion for summary judgment or motion in limine. 14. Settlement/Alternative Dispute Resolution (ADR): A statement of what settlement discussions or written communications have occurred (excluding any statement of the terms discussed). If counsel have received a Notice to Parties of Court-Directed ADR Program (Form ADR-08), the case presumptively will be referred to the Court Mediation Panel or to private mediation (at the parties’ expense). If the parties jointly desire a settlement conference with the assigned Magistrate Judge, they should so indicate in their report. The case may not proceed to trial unless all parties, including an officer (with full authority to settle the case) of all corporate parties, have appeared personally at an ADR proceeding. -4- 15. Trial Estimate: A realistic estimate of the time required for trial and whether the trial will be a bench trial or a jury trial. Each side should specify (by number, not by name) how many witnesses it contemplates calling. 16. Trial Counsel: The name(s) of the attorney(s) who will try the case. 17. Independent Expert or Master: Whether this is a case where the Court should consider appointing a master pursuant to Rule 53 or an independent scientific expert. 18. Timetable: Complete the Schedule of Pretrial and Trial Dates form attached as Exhibit A to this Order and attach it to the Joint Rule 26(f) Report. Each side should write in the month, day, and year it requests for each event. At the Scheduling Conference, the Court will review this form with counsel. The proposed date for each event shall fall on a Friday, except the trial date, which is a Monday. Counsel should ensure that requested dates do not fall on a holiday. In appropriate cases, the Court may order different dates from those proposed by the parties. The discovery cut-off date is the last day by which all depositions must be completed, responses to previously served written discovery must be provided, and motions concerning discovery disputes must be heard. The cut-off date for motions is the last date on which motions may be heard, not filed. The Court directs counsel’s attention to L.R. 6-1 regarding the timing of motions, oppositions thereto, and hearings thereon. 19. Amending Pleadings and Adding Parties: Please note that the Court does not typically set a separate deadline for the parties to amend their pleadings or to add parties. A party who wishes to amend its pleading or to add one or more parties shall seek a stipulation from the other parties. If the parties cannot reach such a stipulation, then the party seeking to amend shall 1 2 3 4 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- comply with Rule 15(a) and, if applicable, Rule 16(b)(4) of the Federal Rules of Civil Procedure, as well as L.R. 15-1 through L.R. 15-3 and L.R. 16-14. 20. Other issues: A statement of any other issues affecting the status or management of the case (e.g., unusually complicated technical or technological issues, disputes over protective orders, extraordinarily voluminous document production, non-English speaking witnesses, ADA- related issues, discovery in foreign jurisdictions, etc.) and any proposals concerning severance, bifurcation, or other ordering of proof. The Court does not like surprises. Accordingly, counsel and the parties are directed to raise in the Joint Rule 26(f) Report any and all issues that may tend to make this case unusual, challenging, or difficult. 21. Consent to Proceed Before Magistrate Judge: A statement that counsel for all parties have discussed whether the parties consent to have a Magistrate Judge of this Court conduct any and all necessary proceedings and order the entry of judgment in this matter pursuant to 28 U.S.C. § 636(c) and General Order 12-01. The statement should indicate whether the parties consent to the assignment of this matter to a Magistrate Judge. The Joint Rule 26(f) Report should set forth the above-described information under section headings corresponding to those in this Order. II. SCHEDULING CONFERENCE Lead trial counsel for each party must be present. Counsel must be prepared to discuss the substantive issues in the case and authorized to address the prospective case schedule with the Court and opposing counsel. If lead trial counsel for a party cannot be present because of an unreconcilable scheduling conflict, then that party shall seek a stipulation with the other parties to continue the Scheduling Conference (by no more than three weeks) to a date on which all lead counsel can attend. If the parties cannot reach such 1 2 3 4 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- a stipulation, then lead trial counsel who cannot attend the Scheduling Conference shall file an ex parte application seeking to be excused. Other than as set forth in the preceding paragraph, a continuance of the Scheduling Conference will be granted only for good cause. III. NOTICE TO BE PROVIDED BY COUNSEL Plaintiff’s counsel or, if Plaintiff is appearing pro se, Defendant’s counsel, shall provide this Order to any parties who first appear after the date of this Order and to parties who are known to exist but have not yet entered appearances. IV. COURT’S WEBSITE Copies of this and all other orders of this Court that may become applicable to this case are available on the Central District of California website, at www.cacd.uscourts.gov, under “Judge’s Procedures and Schedules.” Copies of the Local Rules are also available on the website. IT IS SO ORDERED. Dated: John W. Holcomb 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 -7-

=== SELF-REPRESENTATION ORDER Rev. 5-20-22 ===

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA [PLAINTIFF], Case No.[case number] Plaintiff(s), SELF-REPRESENTATION ORDER v. [DEFENDANT], Defendant(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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 One or more of the parties to this action has elected to appear pro se; that is, without a lawyer. If you are a party and you are not represented in this case by a lawyer, this Order is addressed to you. You, as well as all individuals appearing before this Court, are not required to retain the services of a lawyer or to obtain the advice of counsel. Individual litigants may represent themselves pro se, but corporations and associations must be represented by counsel. See Church of the New Testament v. United States, 783 F.2d 771, 773 (9th Cir. 1986) (unincorporated associations); In re Highley, 459 F.2d 554, 555 (9th Cir. 1972) (corporations). In addition, non- attorney litigants may not represent other individual litigants or trusts for which they serve as trustee. See Johns v. County of San Diego, 114 F.3d 874, 876 (9th Cir. 1997) (minor children); C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697-98 (9th Cir. 1987) (trust); McShane v. United States, 366 F.2d 286, 288 (9th Cir. 1996) (other litigants). A partner may not represent his or her own interest in a partnership pro se, and a sole shareholder may not represent a corporation. See In re Am. West Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (per curiam) (partner); United States v. High Country Broad. Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993) (per curiam) (shareholder). Proceeding without a lawyer poses significant risks to a litigant, and this Court wishes to make some of those risks known to you at the outset of this case. Those risks include the following:  Generally speaking, non-attorney litigants are less likely to be victorious than those assisted by counsel.  The opposing party may have a lawyer, and that lawyer’s duty is to achieve victory for his or her client. He or she will take every step legally permissible to that end.  The Court is a neutral adjudicator of the law. The role of the judge is to resolve disputes arising between the parties in accordance with the law. -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 Accordingly, the judge cannot assist you, cannot answer your legal questions, and cannot take sides in the dispute. Nor can any members of the judge’s staff.  You will be proceeding alone in federal court, in a complex area where experience and professional training are greatly desired. Simply stated, when you elect to proceed pro se, you are on your own, and you become personally responsible for litigating your action in accordance with the rules. Practice in the federal courts is governed by the Federal Rules of Civil Procedure. You must become familiar with these rules. You will be held to the same standards as a lawyer as far as complying with the Court procedures and the rules and regulations of the Court system. Because litigating an action in federal court often requires a great deal of time, preparation, knowledge, and skill, this Court highly recommends against proceeding without the assistance of counsel. Some attorneys will represent clients on a contingency fee basis, whereby the fees associated with representation are subtracted from a judgment in favor of the client.1 If you wish to continue without counsel—fully understanding the risks—you are hereby ordered to review carefully the remainder of this Order, as it contains instructions for proceeding in this Court which you must follow. This Order, while not comprehensive—and not a substitute for fully familiarizing yourself with the Federal Rules of Civil Procedure, the Federal Rules of Evidence, the Local Rules for the United States District Court for the Central District of California, the Orders of this Court, including the Court’s Standing Order, Scheduling and Case Management Order, and Civil Trial Order, as well as federal and state case law applicable to this action—is intended The Los Angeles County Bar Association Lawyer Referral and 1 Information Service may be able to refer you to a lawyer who may or may not be willing to take your case on a contingency basis. -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 to bring certain aspects of law and motion practice to your attention at an early stage in the litigation to remedy problems commonly associated with pro se pleadings.2 Communications with Chambers: Pursuant to L.R. 83-2.11, parties shall refrain from writing letters to the judge, making telephone calls to chambers, or otherwise communicating with a judge unless opposing counsel is present. You may contact the Courtroom Deputy, at 714-338-4768 or [email protected], with appropriate inquiries. The Courtroom Deputy is not an attorney, and she will not provide you with any legal advice. The Courtroom Deputy cannot waive any of the requirements of this, or any other, Order. If you wish to bring any matter to the attention of the Court, you must do so in writing, and you must file it and serve it on the opposing party. Jurisdiction: The Federal Rules of Civil Procedure require that “[a] pleading which sets forth a claim for relief . . . shall contain (1) a short and plain statement of the grounds upon which the court’s jurisdiction depends.” Fed. R. Civ. P. 8(a). This District’s Local Rules further provide that “[t]he statutory or other basis for the exercise of jurisdiction by this Court shall be plainly stated in . . . any document invoking this Court’s jurisdiction.” L.R. 8-1. This is extremely important. Unlike state courts, federal courts are not courts of general jurisdiction, and they can only preside over matters authorized by the Constitution and Congress. Bender v. Williamsport Area Sch. Dist., 475 U.S. 534, 541, 106 S. Ct. 1326, 1331 (1986). In other words, the party filing the action must prove to the Court that jurisdiction over the action exists before the Court can reach the merits of the complaint. See Smith v. McCullough, 270 U.S. 456, 459, The Local Rules for the United States District Court for the Central 2 District of California are available on the district court’s website: www.cacd.uscourts.gov. -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 46 S. Ct. 338, 339 (1926) (A “plaintiff, suing in federal court, must show in his pleading, affirmatively and distinctly, the existence of whatever is essential to federal jurisdiction. . . .”). Federal jurisdiction may be alleged either pursuant to 28 U.S.C. § 1331 for actions “arising under the Constitution, laws, or treaties of the United States,” otherwise known as “federal question” jurisdiction, or 28 U.S.C. § 1332 as an action “between citizens of different States,” otherwise known as “diversity” jurisdiction. To allege federal question jurisdiction, the complaint should identify which right(s) the plaintiff(s) claim have been violated, and which law, statute, or constitutional amendment provides that right. See Keniston v. Roberts, 717 F.2d 1295, 1298 (9th Cir. 1983). Diversity jurisdiction has two requirements. First, diversity jurisdiction requires complete diversity of citizenship; that is, all plaintiffs must have a different citizenship from all defendants. See Owen Equipment & Erection Co. v. Kroger, 437 U.S. 365, 373, 98 S. Ct. 2396, 2402 (1978). Residence and citizenship are distinct concepts, with significantly different jurisdictional ramifications: “[i]n order to be a citizen of a State within the meaning of the diversity statute, a natural person must both be a citizen of the United States and be domiciled within the State.” Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 828, 109 S. Ct. 2218, 2221 (1989). “A person’s domicile is her permanent home, where she resides with the intention to remain or to which she intends to return. A person residing in a given state is not necessarily domiciled there, and thus is not necessarily a citizen of that state.” Kanter v. Warner- Lambert Co., 265 F.3d 853, 857 (9th Cir. 2001) (citations omitted). Corporations are citizens of both their state of incorporation and the state in which they have their principal place of business. See 28 U.S.C. § 1332(c)(1); see also New Alaska Dev. Corp. v. Guetschow, 869 F.2d 1298, 1300-01 (9th Cir. 1989). -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 Unincorporated associations are citizens of the states of each member. See Fifty Associates v. Prudential Ins. Co. of Am., 446 F.2d 1187, 1190 (9th Cir. 1970). Second, when jurisdiction is based on diversity of citizenship, district courts do not have original jurisdiction unless a party alleges an amount in controversy exceeding $75,000. See 28 U.S.C. § 1332(a). Finally, you should understand that it is insufficient for a party merely to assert that jurisdiction exists. Instead, that party must allege sufficient facts to allow the Court to determine whether it has jurisdiction over the action. Service: Service is the formal delivery of a legal pleading. The Federal Rules of Civil Procedure have different requirements for service to be effective depending on the type of entity to be served: service on an individual within the United States is governed by Rule 4(e) of the Federal Rules of Civil Procedure; corporations and associations must be served in conformity with Rule 4(h); the United States and its agencies must be served pursuant to Rule 4(i); and state and local governmental units require service under Rule 4(j). Time limits for service of the complaint are set forth in Rule 4(m) of the Federal Rules of Civil Procedure. It is important to serve the opposing party promptly and properly—especially with the summons and complaint when initiating an action—because failure to serve within the time limits specified by the Federal Rules will result in the dismissal of your action for lack of prosecution. You must always inform the Court whenever you serve a filing on an opposing party; this is done by filing a proof of service. See Fed. R. Civ. P. 4(l). Discovery: Discovery is the mechanism by which the parties to an action collect from one another evidence relating to the case. Certain information is expected to be provided to the other side without a request. See Fed. R. Civ. P. 26(a). If the other side seeks to obtain discovery from you, then you must cooperate and provide the information sought on “any matter, not -6- privileged, that is relevant to the claim or defense of any party.” Fed. R. Civ. P. 26(b)(1). The principal forms of discovery envisioned by the Federal Rules are the production and inspection of documents, requests for admissions, depositions, and interrogatories. Discovery disputes are resolved by, and should be brought to the attention of, the magistrate judge assigned to the action. Discovery should begin early in the litigation and may commence before the Scheduling Conference. Motions: Motions are requests to this Court to make a specified ruling or order. The opposing party may file a motion to dismiss your action, pursuant to Rule 12 of the Federal Rules of Civil Procedure, or a motion for summary judgment pursuant to Rule 56. If the opposing party files and serves a motion on you, you must oppose it if you disagree with the requested relief. Failure to oppose an otherwise properly supported motion may result in the Court granting that motion. See L.R. 7-12. Depending on the motion, this may result in the dismissal of your case. To oppose a motion, you must present the Court with a statement explaining the basis of your opposition and the legal authority supporting your contentions. You must also file any evidence upon which you intend to base your opposition to a motion for summary judgment. Pursuant to L.R. 7-9, your opposition is due, at the latest, twenty-one (21) days before the date designated for the hearing of the motion. If you need additional time to oppose the motion, you must file and serve an ex parte application requesting an extension of time before the date on which your opposition is due and you must demonstrate that the additional time you seek is warranted and that the requested extension is not a crisis of your creation, thus precluding you from seeking ex parte relief. See Mission Power Eng’g Co. v. Continental Cas. Co., 883 F. Supp. 488, 492 (C.D. Cal. 1995). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -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 Motion to Dismiss: A motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state a claim, tests the legal sufficiency of the claims asserted in the complaint. A dismissal under Rule 12(b)(6) is proper only where there is either a “lack of a cognizable legal theory” or “the absence of sufficient facts alleged under a cognizable legal theory.” Balistreri v. Pacifica Police Dept., 901 F.2d 696, 699 (9th Cir. 1990). The Court must deny the motion unless it appears that the plaintiff can prove no set of facts that would entitle him or her to relief. See Conley v. Gibson, 355 U.S. 41, 45-46, 78 S. Ct. 99, 102 (1957). When evaluating a Rule 12(b)(6) motion, the Court must accept all material allegations in the complaint as true and construe them in the light most favorable to the non-moving party. See Barron v. Reich, 13 F.3d 1370, 1374 (9th Cir. 1994). However, the Court is not bound to assume the truth of legal conclusions merely because they are stated in the form of factual allegations. See Western Mining Council v. Watt, 643 F.2d 618, 624 (9th Cir. 1981). Dismissal is proper if a complaint is vague or conclusory, or if it fails to set forth any material facts in support of the allegations. See North Star Int’l v. Arizona Corp. Comm’n, 720 F.2d 578, 583 (9th Cir. 1983). Motion for Summary Judgment: Summary judgment may be granted when there are no material facts in dispute between the parties, making a trial unnecessary. To resist summary judgment under Rule 56 of the Federal Rules of Civil Procedure, you must submit affidavits or other documentary evidence, such as depositions and answers to interrogatories, which set forth specific facts showing there is a genuine issue for trial. See Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). Your failure to do so may result in the entry of summary judgment against you. You should also note that Rule 56(e) requires that affidavits or declarations shall be made on personal knowledge, shall set forth facts that are admissible as evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. If you fail to -8- contradict the moving party evidence with counter-affidavits, declarations, or other evidence, then the moving party’s evidence may be taken as the truth and final judgment may be entered against you without a trial, thus ending your case. See Rand v. Rowland, 154 F.3d 952, 960-61 (9th Cir. 1998). To address a summary judgment motion effectively, you should be aware of, and should be familiar with, the following United States Supreme Court cases on summary judgment: Celotex v. Catrett, 477 U.S. 317, 106 S. Ct. 2548 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S. Ct. 2505 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S. Ct. 1348 (1986). IT IS SO ORDERED. Dated: John W. Holcomb 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 -9-

=== STANDING ORDER (Rev. 02-24-23) ===

1 2 3 4 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 FOR THE CENTRAL DISTRICT OF CALIFORNIA [Party], v. [Party], Plaintiff(s), Defendant(s). Case No. STANDING ORDER PLEASE READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. • If this case was removed to this Court, then the removing Defendant is DIRECTED forthwith to serve this Order on all other parties. • Otherwise, Plaintiff is DIRECTED forthwith to serve this Order on all parties. -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 This action has been assigned to the calendar of Judge John W. Holcomb. The Court and the litigants bear joint responsibility for the progress of litigation in the Federal Courts. To secure the just, speedy, and inexpensive determination of every action, see Fed. R. Civ. P. 1, all counsel are hereby DIRECTED to become familiar with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. The Court further ORDERS as follows: 1. Service of the Complaint. Plaintiff shall serve the Complaint promptly in accordance with Rule 4 of the Federal Rules of Civil Procedure and shall file the proofs of service pursuant to L.R. 5-3.1. 2. Removed Actions. Any answers filed in state court must be re-filed in this Court, either as an exhibit to the Notice of Removal or as a separate filing. Any pending motions must be re-noticed in accordance with L.R. 6-1. 3. Disclosure Statement. Counsel are DIRECTED to review thoroughly Rule 7.1 and to comply strictly with its instruction to file a compliant Disclosure Statement. A party’s failure to file a timely and complete Disclosure Statement in accordance with Rule 7.1 is a basis for sanctions. 4. Assignment to a Magistrate Judge. Under 28 U.S.C. § 636, the parties may consent to have a Magistrate Judge preside over all proceedings. The Magistrate Judges who accept those designations are identified on the Central District’s website, which also contains the consent form. 5. Electronic Filing and Formatting. This Court uses an electronic filing system for documents. Information regarding the Court’s Electronic Case Filing system is available on the Court’s website at www.cacd.uscourts.gov/cmecf. All documents required to be e-filed in this matter can be found in General Order No. 10-07 (as updated and amended) and L.R. 5-4. The Court -2- specifically directs litigants to L.R. 5-4.3.1, requiring that all electronically filed documents be created by publishing the document to PDF, and not by scanning paper documents. The Court also specifically directs litigants to L.R. 11-3.1.1, requiring that all documents use a font size of 14-point or larger. 6. Mandatory Chambers Copies. All original filings are to be filed electronically pursuant to L.R. 5-4. The Court requires one (1) Mandatory Chambers Copy of ONLY the following filed documents: motions and related documents (e.g., oppositions, replies, exhibits); and ex parte applications and related documents (e.g., oppositions and exhibits). Mandatory Chambers Copies shall be delivered to the Courtesy Box, located outside of Courtroom 9D on the ninth floor of the United States District Court, 411 W. 4th Street, Santa Ana, California 92701, no later than 5:00 p.m. on the first court day following the e-filing. Alternatively, counsel may transmit such conformed copies via FedEx, UPS, or other overnight service, for delivery no later than 5:00 p.m. on the first court day following the e-filing, addressed to the Chambers of Judge John W. Holcomb, U.S. District Court for the Central District of California, Room 9-160, 411 W. 4th Street, Santa Ana, California 92701. All Mandatory Chambers Copies shall comply with the document formatting requirements of L.R. 11-3, except for the blue-backing requirement of L.R. 11-4.1, which is hereby waived. If the filing party and its counsel fail to deliver a Mandatory Chambers Copy in full compliance with this Order and L.R. 11-3, then the Court may reschedule any related hearing and impose sanctions. 7. Proposed Orders. Each party filing or opposing a motion or seeking the determination of any matter shall serve and electronically lodge a proposed order that sets forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. 1 2 3 4 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- 8. Presence of Lead Counsel. Lead trial counsel for each party must attend every status conference, scheduling conference, and pretrial conference set by the Court. Failure of lead trial counsel to appear for those proceedings is a basis for sanctions. 9. Pro Hac Vice Admissions. Counsel who are not members of the State Bar of California may seek admission to appear in this action pro hac vice, in accordance with L.R. 83-2.1.3. The Court will not approve a pro hac vice application unless the applicant complies strictly with all requirements set forth in the Local Rules, including the applicant’s obligation to designate local counsel who is a member of the bar of the Central District and who maintains an office within the Central District. See L.R. 83-2.1.3.4. Counsel who have been admitted pro hac vice are not relieved from the obligation to appear in person for hearings. 10. Discovery. All discovery matters have been referred to a United States Magistrate Judge. The Magistrate Judge’s initials follow the District Judge’s initials in the case number assigned to the matter. The words “DISCOVERY MATTER” shall appear in the caption of all documents relating to discovery to insure proper routing. Unless the assigned Magistrate Judge explicitly waives the Mandatory Chambers Copy rule, counsel shall deliver Mandatory Chambers Copies of discovery-related papers to the assigned Magistrate Judge (rather than to this Court). 11. Motions—General Requirements. a. Time for Hearing Motions. Motions shall be filed and set for hearing in person, in Courtroom 9D of the United States District Court for the Central District of California, located at 411 W. 4th Street, Santa Ana, California, in accordance with L.R. 6-1. Motions will be heard on Fridays commencing at 9:00 a.m. Any motion noticed for a holiday or 1 2 3 4 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 a day that the Court is not in session may automatically be set to the next Friday without further notice to the parties. b. Length and Format of Motions. Notwithstanding L.R. 11-6.1 & 11-6.2, Memoranda of Points and Authorities in support of or in opposition to motions shall not exceed 25 pages. Replies (which are optional) shall not exceed 12 pages. Only in rare instances, and for good cause shown, will the Court grant an application to extend these page limitations. Wherever possible, counsel shall cite to Westlaw rather than Lexis. c. Page Numbering. Parties shall consecutively number the pages of all documents submitted to the court and shall affix the page number at the bottom of each page (except for the caption page). For example, if a memorandum of points and authorities exceeds 10 substantive pages, then it is required to contain a table of contents and a table of authorities. See L.R. 11-8. If, hypothetically, the caption of this memorandum occupies only one page and the table of contents is two pages long and the table of authorities is four pages long, then the table of contents would start on page 2 (not “i”); the table of authorities would start on page 4 (not “iii”); and the substantive brief would start on page 8 (not “1”). If the brief itself is 25 pages long (in accordance with Paragraph 11(b) above), then it would end on page 32. d. Voluminous Materials. If documentary evidence in support of or in opposition to a motion exceeds 50 pages, the evidence must be separately bound and tabbed and include an index. If such evidence exceeds 200 pages, the documents shall be placed in a three-ring binder, with an index and with each item of evidence separated by a tab divider. e. Withdrawal of, or Non-Opposition to, Motions. In the event that the parties resolve a pending motion, they must notify the Court -5- immediately. Sanctions may issue for failure to comply with this requirement, or the broader requirement set forth in L.R. 7-16 that any party who intends to withdraw a motion, not to oppose a motion, or to seek a continuance of the hearing date for a motion, must notify the Court by 12:00 noon on the Tuesday preceding the hearing date. 12. Amended Pleadings. In addition to the requirements of L.R. 15, all motions to amend pleadings shall (a) state the effect of the amendment; and (b) identify the page(s), line number(s), and wording of any proposed change or addition of material. Parties amending their pleadings for whatever reason—including those previously dismissed with leave to amend—must file a redlined copy that compares their amended pleading with their previous pleading. An additional copy of the redlined pleading shall be provided to Chambers by email at [email protected] on the same day that the amended pleading is filed electronically. Handwritten pleadings are the only exception. When handwritten pleadings are amended, the party shall identify which paragraphs have been modified in a separate statement. This paragraph applies equally to complaints, answers, counterclaims, cross-complaints, and supplemental pleadings. Absent a showing of good cause, a party’s failure to comply with this paragraph will result in the Court striking the party’s amended pleading. 13. Class Actions. Notwithstanding L.R. 23-3, the deadline for the filing of a motion for class certification will be set during the Scheduling Conference or in a Scheduling Order. If the Court does not expressly set a separate deadline for the filing of a motion for class certification, then such deadline shall be the same as the deadline for filing dispositive motions. No request for relief from L.R. 23-3 is necessary. 1 2 3 4 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 14. Motions for Summary Judgment or Partial Summary Judgment. This Court’s procedures for summary judgment motions differ from those set forth in Rule 56 and in this Court’s Local Rules. Please read this paragraph carefully and comply with it. No party may file more than one motion pursuant to Rule 56, regardless of whether such motion is denominated as a motion for summary judgment or summary adjudication. a. The Joint Exhibit Parties must consolidate any exhibits, affidavits, declarations, or other documents cited as evidence into a single document (the “Joint Exhibit”).1 If the file is too large to upload as a single document, then the parties may break it into two or more files; e.g., Joint Exhibit Part A, Joint Exhibit Part B, and so on. Whether in a single document or several, the Joint Exhibit should be consecutively paginated. For example, if the first document (Part A) starts at page 1 and ends at page 100, then the second document (Part B) should begin on page 101, and so on. A table of contents, if needed, should be submitted under separate cover. A recommended format the parties may adopt when citing to the Joint Exhibit is “Joint Exhibit Part C at 250:3-7 (Deposition of Passenger B),” where: • “Joint Exhibit Part C” indicates this evidence can be found in the third document (assuming here that the Joint Exhibit had to be broken up into multiple documents);2 • “250” represents the page number of the Joint Exhibit where the evidence can be found; The Court excludes non-evidentiary documents on the docket from this 1 definition; e.g., the complaint, the answer, prior motions, and past orders. 2 If the documents and evidence of the Joint Exhibit can fit as one PDF, then there is no need for the suffix “Part A.” The parties would simply cite it as “Joint Exhibit at 250:3-7 (Deposition of Passenger B).” -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • “3-7” indicates that the evidence can be found on lines 3 through 7; and • the parenthetical “Deposition of Passenger B” is a concise, descriptive title of the underlying source document or evidence being cited. Parties offering evidence in support of, or in opposition to, a Rule 56 motion must cite to specific page and line numbers in depositions and paragraph numbers in declarations and affidavits. If a line number or paragraph number is not available (e.g., the citation is to a visual image or a handwritten note or some other document without identifiable lines or paragraph numbers), only then will providing the page number(s) suffice. Furthermore, such evidence must be authenticated properly. The Court directs the parties to become familiar with Orr v. Bank of America, NT & SA, 285 F.3d 764 (9th Cir. 2002). b. The Joint Statement of Undisputed Facts and Genuine Disputes The moving party’s motion shall also be accompanied by a Joint Statement of Undisputed Facts and Genuine Disputes (the “Joint Statement”). The parties must cite to the factual statements set forth in the Joint Statement in their respective briefs for any fact that they wish to identify as a material fact under Rule 56(a). In turn, the Joint Statement will cite only to the Joint Exhibit. Citations found in the briefs to any individual exhibits or the Joint Exhibit will be disregarded.3 Prior to filing the motion, the parties shall meet and confer to complete the Joint Statement. Parties should allow sufficient time and plan accordingly in view of the deadline for hearing dispositive motions; the process of preparing the Joint Statement is intensive. Furthermore, the Court will order the parties to redo any Joint Statement that fails to comply substantially with the instructions in this Standing Order or that otherwise evinces a lack of 3 Standing Order for further explication. Parties are directed to consult the demonstratives in the Appendix of this -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 thoroughness on behalf of the parties (e.g., too many frivolous objections; too many redundant factual statements; improper citations; etc.). The Joint Statement shall be presented in a table format. An illustrative example of the Joint Statement is set forth below: No. Proponent Statement of Fact 1. Plaintiff 2. Plaintiff 3. Plaintiff 4. Defendant Plaintiff was driving her car when she went through the intersection. The light was green when Plaintiff went through the intersection. Plaintiff was driving at 35 miles per hour when she traveled through the intersection. Passenger A shouted at Plaintiff to stop looking at her phone while she drove through the intersection. Supporting Evidence Joint Exhibit Part A at 10, ¶ 2 (Pl.’s Decl.). Joint Exhibit Part A at 10, ¶ 4 (Pl.’s Decl.). Joint Exhibit Part A at 10, ¶ 7 (Pl.’s Decl.); Joint Exhibit Part B at 115, ¶ 14 (Report by Pl.’s Expert). Joint Exhibit Part C at 25:3-7 (Dep. of Passenger B). 5. Defendant Defendant is a good driver. Joint Exhibit Part B at 118:23- 28 (Dep. of Def.’s Mother). . . . . . . . . . . . . -9- Opponent’s Response Proponent’s Reply Undisputed. Disputed. The light was red when Plaintiff traveled through the intersection. Joint Exhibit Part C at 253:3- 11 (Def.’s Expert Report). Disputed. Plaintiff was driving 52 miles per hour when she went through the intersection. Joint Exhibit Part C at 253:11-254:2 (Def.’s Expert Report). Disputed. F.R.E. 802: This statement is inadmissible hearsay because it is a statement, made by an out- of-court declarant (Passenger A), being offered to support the assertion that Plaintiff was looking at her phone while driving in the intersection. Disputed. (1) Defendant is not a good driver. Defendant drove the wrong way on a one-way road as recently as a year ago. Joint Exhibit Part C at 204:4- 25 (Decl. of Def.’s Friend). (2) F.R.E. 602, 701: The supporting evidence is inadmissible because the Defendant’s mother lacks personal knowledge of Defendant’s driving. She has not seen Defendant drive in two years. Joint Exhibit Part B at 117:10-12 (Dep. of Def.’s Mother). (3) This statement is not a fact; it is an opinion. . . . F.R.E. 803(2): This statement qualifies as a hearsay exception because it was an excited utterance that occurred moments before the crash. (1)(A) Defendant’s friend has unreliable memory. Joint Exhibit Part C at 202:2-9 (Decl. of Def.’s Friend). (1)(B) Defendant has no moving violations on her official driving record. Joint Exhibit Part B at 179 (DMV record). (2) While Defendant’s mother has not seen her drive in two years, she remembers Defendant’s driving abilities. Joint Exhibit Part B at 116:15 (Dep. of Def.’s Mother). . . . As demonstrated in the illustration above, the Joint Statement shall include the following columns: • The first column shall contain the number of the fact alleged to be undisputed. Separate parties shall not restart the numbering for their facts. • The second column shall name the party proposing the statement of fact (the “Proponent”). • The third column shall contain a plain statement of the fact. Facts shall not be compound. For instance, if the opposing party (the “Opponent”) could respond by asserting that the fact is disputed only in part, then the fact is compound. By meeting and conferring, the Court expects the parties to resolve any instances where compound facts are “disputed in part” by separating the elements that are disputed from those that are not. Those elements will form into new, more granular factual statements. Neither legal arguments nor conclusions constitute facts. • The fourth column shall contain a citation to admissible evidence that the Proponent believes supports the proffered fact. If any party fails to provide a pin cite to the supporting evidence, then the Court will deem the proffered fact (or dispute) unsupported. See generally Christian Legal Soc. v. Wu, 626 F.3d 483, 488 (9th Cir. 2010) (“Judges are not like pigs, hunting for truffles buried in briefs.” (quoting Greenwood v. FAA, 28 F.3d 971, 977 (9th Cir. 1994) (quoting United States v. Dunkel, 927 F.2d 955, 956 (7th Cir. 1991) (per curiam (alteration omitted . As a rule of thumb, pin citations should refer to no more than five pages at a time. • The fifth column shall first identify whether the proffered statement of fact is disputed or not. The entry must begin with either the word 1 2 3 4 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “Disputed.” or “Undisputed.” and include the period.4 If the fact is disputed, then the Opponent must concisely (1) identify counter-evidence that contradicts or otherwise disputes the statement of fact, with a brief explanation (a “factual objection”); (2) make an evidentiary objection grounded in the Federal Rules of Evidence; or (3) make an objection explaining why the factual statement does not comport with this Standing Order or other orders from the Court.5 Counter-evidence must include a pin cite to the record (i.e., a page number and, when available, a line or paragraph number). If a party attempts to dispute a fact but fails to offer any counter-evidence, or only offers counter-evidence that falls short of contradicting the proffered fact, then the Court will deem the fact undisputed for the purposes of the motion. See Fed. R. Civ. P. 56(e)(2); L.R. 56-3. Additionally, any evidentiary objection must cite a specific rule and provide a short rationale or explanation. The Court will disregard “boilerplate recitations of evidentiary principles or blanket objections without analysis applied to specific items of evidence.” Doe v. Starbucks, Inc., 2009 WL 5183773, at *1 (C.D. Cal. Dec. 18, 2009); Amaretto Ranch Breedables v. Ozimals Inc., 907 F. Supp. 2d 1080, 1081 (N.D. Cal. 2012) (“This Court need not address boilerplate evidentiary objections that the parties themselves deem unworthy of development.”). For example, simply asserting that evidence is irrelevant or otherwise lacks Adding commas, spaces, additional periods, or other extraneous 4 punctuation can interfere with Excel’s ability to sort columns. The Court strongly advises parties to double-check their work before lodging it with the Court. 5 If one party is routinely forced to make objections grounded in the other party’s failure to follow instructions (e.g., the Proponent’s factual statement is compound, fails to include a proper citation, or constitutes a statement of legal opinion rather than fact), then the parties are not, in all likelihood, ready to submit the Joint Statement to the Court. The Court will also factor the offending party’s conduct into any award of attorneys’ fees and costs, to the extent that such an award is within the Court’s discretion. -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 foundation—without any specific and tailored explanation why—will not constitute a proper evidentiary objection. See Communities Actively Living Indep. & Free v. City of Los Angeles, 2011 WL 4595993, at *8 (C.D. Cal. Feb. 10, 2011) (summarily overruling boilerplate evidentiary objections when the grounds for the objections were unduly vague and overbroad). If the Opponent has multiple objections, then the Opponent should number them (1), (2), (3), and so on. • In the final column, the Proponent may reply to any objections made by the Opponent. A reply is not strictly necessary. The Court will treat any fact as disputed only when (1) the Opponent objects as such; (2) the Court deems the counter-evidence admissible or the evidentiary objection credible; and (3) the Proponent offers no reply. If the Proponent chooses to respond, then the Proponent must also (a) identify evidence that rehabilitates its statement of fact or undermines the Opponent’s counterevidence; (b) make an evidentiary objection to the counterevidence, citing the specific evidentiary rule and providing a rationale; or (c) explain why the Opponent’s objection is erroneous. Any further citations to the record must, again, include a pin cite. If the Opponent makes multiple objections (factual, evidentiary, or otherwise), then the Proponent should reference the same number when providing a reply. If the Proponent has multiple replies to any given objection, then the Proponent should list them as (A), (B), (C), and so on.6 Parties should use Microsoft Excel for the Joint Statement.7 The moving party (or parties) must transmit the Excel version of the Joint Statement by email to See item No. 5 in the illustrative table on page 9 above for an example. When using Microsoft Excel, parties should not merge cells; they should 6 7 use the alt enter function to create paragraph breaks within a single cell. The parties may stipulate to using a different program, so long as it facilitates legibility. -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [email protected] at the time that they file their motion and must also lodge a PDF version of the Joint Statement on the docket. 15. Ex Parte Applications. Ex parte applications are considered on the papers, and applicants need not set them for hearing. Counsel are advised that this Court allows ex parte applications solely for extraordinary relief. Sanctions may be imposed for the misuse of ex parte applications. See In re Intermagnetics Am., Inc., 101 B.R. 191 (Bankr. C.D. Cal. 1989). Counsel should become familiar with Mission Power Engineering Co. v. Continental Casualty Co., 883 F. Supp. 488 (C.D. Cal. 1995), regarding ex parte applications. The Court also directs counsel’s attention to L.R. 7-19. The moving party’s declaration in support of an ex parte application shall show compliance with L.R. 7-19 and this Order, and it shall include a statement of opposing counsel’s position. Failure to do so ensures the application will be DENIED. The other parties’ opposition, or notice of non-opposition (which notice may be provided telephonically to the Courtroom Deputy Clerk (714-338-4760 , to an ex parte application is due 24 hours—not the next court day—after the other parties’ receipt of the ex parte application. In view of that 24-hour deadline for opposition papers, in the absence of a true emergency, the Court takes a dim view of applicants who file their ex parte applications on Fridays or on the day before a court holiday. As with all motion papers, counsel must deliver a Mandatory Chambers Copy in accordance with Paragraph 6 above. Counsel will be notified of the Court’s ruling, or of a hearing time and date if the Court determines that a hearing is necessary. 16. Stipulations. Stipulations extending scheduling dates set by this Court are not effective unless and until approved by the Court. Continuances will be granted only upon a showing of good cause. The assertion that the parties have not concluded their discovery efforts does not constitute “good cause” to extend the case schedule. The assertion that the parties are not ready -13- for trial does not constitute “good cause.” The assertion that counsel has a crowded trial schedule—without significantly more detail and explanation— does not constitute “good cause.” 17. Communications with Chambers. Unless requested to do so, counsel shall not attempt to contact the Court or its staff by telephone or by any other ex parte means. Counsel are directed to review the Central District’s website at www.cacd.uscourts.gov for the Local Rules, filing procedures, judges’ procedures and schedules, calendars, forms, and Pacer access. Counsel may contact the Courtroom Deputy Clerk, Clarissa Lara, by telephone at 714-338-4736 or by email at [email protected] only in the event that counsel cannot find the desired information through all available resources. 18. Telephonic and Video Appearances. The Court does not conduct telephonic or video hearings. All appearances will be made in person in Courtroom 9D of the United States District Court for the Central District of California, located at 411 W. 4th Street, Santa Ana, California. 19. Bench Trials: Findings and Conclusions. When parties file proposed findings of fact and conclusions of law pursuant to Rule 52 and L.R. 52-1 & 52-3, the proposed findings and proposed conclusions shall be consecutively numbered. If, for example, the proposed findings happen to end at paragraph 26, then the first proposed conclusion shall begin with paragraph 27. IT IS SO ORDERED. Dated: John W. Holcomb UNITED STATES DISTRICT JUDGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPENDIX -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 -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 -17-