CIVIL TRIAL SCHEDULING ORDER_Redacted-1; ORDER SETTING SCHEDULING CONFERENCE_Redacted; STANDING ORDER_Redacted

=== CIVIL TRIAL SCHEDULING ORDER_Redacted-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 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA FIELD(PLAINTIFF), Plaintiff(s), v. FIELD(DEFENDANT), Defendant(s). Case No. FIELD(CASE NUMBER) CIVIL TRIAL SCHEDULING ORDER Last Day to Stipulate or File a Motion to Amend Pleadings or Add New Parties: Deadline for Initial Designation of Expert Witnesses: Deadline for Designation of Rebuttal Expert Witnesses: All Discovery Cut-Off (including hearing of discovery motions): Dispositive Motion Hearing Cut-Off: 9:00 a.m. Last day to Conduct Settlement Conference: Final Pretrial Conference: 11:00 a.m. Jury/Court Trial: 9:00 a.m. Trial Estimate: xxxxxx Day(s) This case is set for trial before the Honorable Jesus G. Bernal, Courtroom 1, United States District Court, 3470 Twelfth Street, 2nd Floor, Riverside, California. Motions Judge Bernal hears motions in civil cases on Mondays 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 Local Civil Rule 6-1. A copy of every motion related document filed must be delivered to the chambers drop box outside Courtroom 1 ("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 bifurcate issues for trial. All motions in limine and other trial-related motions must be properly noticed for hearing no later than the date of the Final Pretrial Conference. Each side is limited to five motions in limine. Memoranda of Points and Authorities in support of or in opposition to motions in limine shall not exceed 10 pages. Replies will not be accepted. 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 adjudication of issues. All parties and counsel must comply with Local Rule 7-16, which provides: 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. 1 2 3 4 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 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 which 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 United States 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. Settlement Procedures Counsel must complete a settlement conference under the Court-Directed ADR Program (Local Rule 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. No case will proceed to trial unless all parties, including the principals of all corporate parties, have appeared personally at a settlement conference and complied with Local Rule 16-15.5. 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 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 If a settlement is reached, it shall be reported immediately to this Court as required by Local Rule 16-15.7. In all cases set for jury trial, the parties must notify the Court, no later than the Wednesday preceding the Tuesday trial date, of any settlement, so that the necessary arrangements can be made to bring in a different case for trial or 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. Final Pretrial Conference The Court will conduct a Final Pretrial Conference pursuant to Federal Rule of Civil Procedure 16 and Local Rule 16-1 on the date and tim e listed above. Each party appearing in this action shall be represented at the Final Pretrial Conf erence and at all pretrial meetings by the lead trial counsel. Counsel should be prepared to discuss streamlining the trial, including presentation of testimony by deposition excerpts, time limits, stipulations as to undisputed facts, and qualification of experts by admitted resumes. In rare cases where the Pretrial Conference is waived by the Court, counsel must follow Local Rule 16-11. This Court does not exempt pro per parties from the requirements of Local Rule 16. 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; 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 ! ! ! ! ! ! any evidentiary issues, including anticipated objections under Rule 403, and objections to exhibits; jury selection procedures; all pretrial motions, including motions in limine, to bifurcate and to sever; any disputed jury instructions, and the form of the instructions which 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 need to arrange for the installation of their own equipment, such as video monitors, notebooks, or overhead projectors, counsel shall notify the Courtroom Deputy Clerk no later than 4:00 p.m. two days before trial so that the necessary arrangements can be made. 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 Local Rules 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 B. At least 21 days before final pretrial conference • • Memorandum of contentions of fact and law Witness lists 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 • • Joint exhibit list Oppositions to motions in limine C. At least 14 days before final pretrial conference • • • • • Proposed final pretrial conference order Proposed jury instructions, and any objections Proposed verdict forms Statement of the case Proposed voir dire questions, if desired D. At least 7 days before trial: • Trial briefs, if desired In drafting the proposed Pretrial Conference Order, counsel shall make a good faith effort to agree on and 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 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 and Spring 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 Pretrial Conference Order shall preclude a party from calling that expert witness at trial. 6 Exhibit and Witness Lists Counsel are to prepare their exhibits by placing them in 3-ring binders that are tabbed down the right side with exhibit numbers. The spine portion of the binder shall indicate the volume number and contain an index of each exhibit including 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 exhibit, and one copy for the Court ("bench book"). Each binder shall contain an index of the included exhibits. The exhibits are to be numbered in accordance with Local Rule 26-3. The Court requires the following to be submitted to the Courtroom Deputy Clerk on the first day of trial: A. 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, Room 134, 1st Floor, 3470 Twelfth Street, Riverside. B. One bench book with a copy of each exhibit for use by the Court, tabbed with numbers as described above. (Court’s exhibit tags not necessary.) C. Three copies of 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 1 2 3 4 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 D. Three 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: Case No. Case Name: Witness Name 1. 2. John Doe Jane Roe Date Called to Testify All counsel are to meet no later than 10 calendar days before trial and to stipulate to the extent possible to foundation, waiver of the best evidence rule, and which exhibits may be received into evidence at the start of trial. The exhibits to be received will be noted on the extra copies of the exhibit lists. Court Reporter At least 7 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 the reporter at [email protected]. Jury Instructions Fourteen calendar days prior to the Rule 16-2 Meeting of Counsel, counsel shall exchange proposed jury instructions and special verdict forms (if applicable). Seven calendar days prior to the Rule 16-2 meeting, counsel shall exchange any objections to the instructions and special verdict forms. Prior to or at the time of the Rule 16-2 meeting, counsel shall meet and confer with the goal of reaching agreement as to one set of joint, undisputed jury instructions and one special verdict form. 8 The parties shall file proposed jury instructions fourteen calendar days before the Final Pretrial Conference. As always, the parties must submit mandatory chamber copies to the Court. In addition, the parties must submit electronic versions (either Word or WordPerfect format) to the Court at the following e-mail address: [email protected]. 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. W here 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 (2007 edition) 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 shall (a) cite the authority or source of the instruction, (b) be set forth in full, (c) be on a separate page, (d) be numbered, (e) cover only one subject or principle of law, and (f) not repeat principles of law contained in any other requested instruction. 1 2 3 4 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 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 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 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 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 two or three paragraphs. The statement shall be filed with the Court fourteen calendar days before the Final Pretrial Conference. 1 2 3 4 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 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 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 Tuesdays through Fridays, 9:00 a.m. to 4:30 p.m., with a morning and an afternoon break and a lunch recess from approximately 12:00 to 1:15 p.m. In most cases, jury selection is completed on the first morning of trial, and counsel should be prepared to give opening statements and begin presentation of evidence immediately thereafter. All counsel are asked to observe the following practices during trial: ! ! ! ! ! ! ! All counsel, defendants, 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 should state only "objection," and the legal ground for the objection (e.g., hearsay, irrelevant, etc.). Counsel should refrain from arguing the legal basis for the objection unless permission is granted to do so. Counsel must seek leave to approach the Courtroom Deputy Clerk or the witness, and should question witnesses while standing at the lectern. Counsel should 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 should not directly address the Courtroom Deputy Clerk, the Court Reporter, opposing counsel, 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 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. ! 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. Any stipulation of fact will require the defendant’s personal concurrence and shall be submitted to the Court in writing for approval. ! While Court is in session, counsel may not leave the counsel table to confer with witnesses, colleagues, or assistants in the back of 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 as 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. Court 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 12 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 to the Court, and to exchange among themselves, supplemental Findings of Fact and Conclusions of Law during the course of the trial. Website Counsel are encouraged to review the Central District’s website for additional information: http://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. 1 2 3 4 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

=== ORDER SETTING SCHEDULING CONFERENCE_Redacted ===

1 2 3 4 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), v. _____________________________ Defendant(s). CASE NO. ORDER SETTING SCHEDULING CONFERENCE Date: Time: Courtroom: 1 3470 Twelfth Street Riverside, California 92501 READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Jesus G. Bernal. This matter is set for a scheduling conference on the above date. If plaintiff has not already served the operative complaint on all defendants, plaintiff promptly shall do so and shall file proofs of service within three days thereafter. Defendants also timely shall serve and file their responsive pleadings and file proofs of service within three days thereafter. At the scheduling conference, the Court will set a date by which motions to amend the pleadings or add parties must be heard. 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 The conference will be held 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 on a discovery plan not later than 21 days before the scheduling conference and to e-file a “Joint Rule 26(f) Report” with the Court not later than 14 days before the conference. Mandatory paper chambers copies of the Joint Rule 26(f) Report must be delivered to Judge Bernal's drop box outside the door of Courtroom 1 by 5:00 p.m. on the first court day following the e-filing. 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 Local Rule 16. “Counsel,” as used in this order, includes parties appearing in propria persona. 1. Joint Rule 26(f) Report The Joint Rule 26(f) Report, which shall be filed not 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 there are. The Joint Rule 26(f) Report shall specify the date 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 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: a. Statement of the Case: A short synopsis (not to exceed two pages) of the main claims, counterclaims and affirmative defenses. b. Subject Matter Jurisdiction: A statement of the specific basis of federal jurisdiction, including supplemental jurisdiction. c. Legal Issues: A brief description of the key legal issues, including any unusual substantive, procedural or evidentiary issues. d. 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. e. f. 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. g. Motions: A statement of the likelihood of motions seeking to add other parties or claims, file amended pleadings, transfer venue, etc. h. Manual for Complex Litigation: Whether all or part of the procedures of the Manual for Complex Litigation should be utilized. i. Status of Discovery: A discussion of the present state of discovery, including a summary of completed 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 discovery. j. 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 and 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. k. Discovery Cut-off: A proposed discovery cut-off date. This means the final day for completion of discovery, including resolution of all discovery motions. l. Expert Discovery: Proposed dates for expert witness disclosures (initial and rebuttal) and expert discovery cut-off under Rule 26(a)(2). m. 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. n. 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 private mediation (at the 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 parties' expense). If the parties jointly desire a settlement conference with the assigned magistrate judge, they should so indicate in their report. No case will 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. o. Trial Estimate: A realistic estimate of the time required for trial and whether trial will be by jury or by court. Each side should specify (by number, not by name) how many witnesses it contemplates calling. p. Trial Counsel: The name(s) of the attorney(s) who will try the case. q. 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. r. 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 conference, the Court will review this form with counsel. Each entry proposing Court dates shall fall on a Monday, except the trial date, which is a Tuesday. Counsel should insure that requested dates do not fall on a holiday. In appropriate cases the Court will order different dates after it hears from counsel. The discovery cut- 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 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. s. 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 Joint Rule 26(f) Report should set forth the above- described information under section headings corresponding to those in this Order. 2. Scheduling Conference Scheduling conferences will be held in Courtroom 1, 3470 Twelfth Street, Riverside, California. Counsel shall comply with the following: a. Participation: Lead trial counsel for all parties must be present. Counsel must be prepared to discuss the substantive issues in the case and authorized to address scheduling with the Court and opposing counsel. 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 b. Continuance: A continuance of the scheduling conference will be granted only for good cause. 3. 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. 4. 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 available on the website.1 IT IS SO ORDERED. 1 They may also be purchased from one of the following: Los Angeles Daily Journal 915 East First Street Los Angeles, CA 90012 West Publishing Company 50 West Kellogg Blvd. St. Paul, MN 55164-9979 Metropolitan News 210 South Spring Street Los Angeles, CA 90012 7 JUDGE JESUS B. BERNAL EXHIBIT A: SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET Case No. Case Name Matter Plaintiff(s)’ Request mo/day/year Defendant(s)’ Request mo/day/year Court's Order G Jury Trial or G Court Trial (Tuesday at 9:00 a.m.) Length: ______ Days Final Pretrial Conference [L.R. 16] and Hearing on Motions In Limine (Monday - two (2) weeks before trial date) Last Date to Conduct Settlement Conference Last Date to Hear Non-discovery Motions (Monday at 9:00 a.m.) All Discovery Cut-Off (including hearing all discovery motions) Expert Disclosure (Rebuttal) Expert Disclosure (Initial) Last Date to Amend Pleadings or Add Parties ADR [L.R. 16-15] Settlement Choice: G Attorney Settlement Officer Panel G Private Mediation G Magistrate Judge

=== STANDING ORDER_Redacted ===

1 2 3 4 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 Plaintiff, v. ________________________ Defendant. READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. • • Plaintiff(s) shall immediately serve this Order on all parties along with the Summons and Complaint. If this case came to the Court by noticed removal, the removing Defendant(s) shall serve this Order on all other parties. This action has been assigned to the calendar of Judge Jesus G. Bernal. S:\JGB\FORMS\STANDING ORDER.wpd-Revised March 24, 2016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court and litigants bear joint responsibility for the progress of litigation in the Federal Courts. To secure the just, speedy, and inexpensive determination of every action, (Fed. R. Civ. P. 1), all counsel are hereby ordered 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 Fed. R. Civ. P. 4 and 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 (separately) as a supplement to the petition. Any pending motions must be re-noticed in accordance with L.R. 6-1. 3. 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. 4. Electronic Filing. As of January 1, 2008, the United States District Court for the Central District of California implemented mandatory electronic filing ("e-filing") of documents S:\JGB\FORMS\STANDING ORDER.wpd-Revised March 24, 2016 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 in all new and pending civil cases. Information about 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 and L.R. 5-4. The Court 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. 5. Mandatory Chambers Copies. Counsel shall provide one conformed chambers copy of ONLY the following filed documents. Civil matters: Motions and related documents (opposition, replies, exhibits); ex parte applications and related documents oppositions and exhibits); and Joint Rule 26(f) reports; Criminal matters: All motions and related documents and exhibits; plea agreements(s); and sentencing memorandum and objections to the pre-sentence reports. Chambers copies shall be delivered to the "Courtesy Box," located outside of Courtroom 1 on the 2nd floor at the United States District Court, 3470 Twelfth Street, Riverside, California 92501, no later than 5:00 p.m. on the day following the "e-filing." All chambers copies shall comply fully with the document formatting requirements of L.R. 11-3, including the "backing" and "tabbing" requirements of Local Rules 11-3.5 and 11-5.3, S:\JGB\FORMS\STANDING ORDER.wpd-Revised March 24, 2016 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 respectively. If the filing party and their counsel fail to deliver a mandatory chambers copy in full compliance with this Order and L.R. 11-3, the Court may, on its own motion, reschedule any related hearing and impose sanctions. 6. Proposed Orders. Each party filing or opposing a motion or seeking the determination of any matter shall serve and electronically lodge a proposed order which sets forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. 7. Presence of Lead Counsel. Lead trial counsel for each party must attend any scheduling and pretrial conferences set by the Court. Failure of lead trial counsel to appear for those proceedings is a basis for sanctions. 8. 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. Counsel shall deliver mandatory chambers copies of discovery-related papers to the Magistrate Judge assigned to the case rather than to this Court. S:\JGB\FORMS\STANDING ORDER.wpd-Revised March 24, 2016 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 9. Motions - General Requirements. a. Time for Hearing Motions. Motions shall be filed and set for hearing in accordance with L.R. 6-1. Motions will be heard on Mondays commencing at 9:00 a.m. Any motion noticed for a holiday shall automatically be set to the next Monday without further notice to the parties. b. Length and Format of Motions. Memoranda of Points and Authorities in support of or in opposition to motions shall not exceed 25 pages. Replies 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. When citing to legal databases, wherever possible cite to Westlaw rather than Lexis. 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 binder, with an index and with each item of evidence separated by a tab divider. c. Withdrawal or Non-Opposition of Motions. In the event that the parties resolve a pending motion, they must notify the Court approximately one week before the hearing date. Sanctions may issue for failure to comply with this requirement, or the broader requirement in L.R. 7-16 that any party who intends to withdraw a motion, not oppose a motion, or seek a continuance of the hearing date for a motion, must notify the court by noon on the Tuesday preceding the hearing date. S:\JGB\FORMS\STANDING ORDER.wpd-Revised March 24, 2016 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 10. Motions to Amend. In addition to the requirements of L.R. 15, all motions to amend pleadings shall (1) state the effect of the amendment and (2) identify the page(s), line number(s), and wording of any proposed change or addition of material. 11. Class Actions. Notwithstanding Local Rule 23-3, the deadline for the filing of a motion for class certification will be set during the Scheduling Conference and/or in a Scheduling Order. NO REQUEST FOR RELIEF FROM LOCAL RULE 23-3 IS NECESSARY. 12. Motions for Summary Judgment or Partial Summary Judgment. No party may file more than one motion pursuant to Fed. R. Civ. P. 56 regardless of whether such motion is denominated as a motion for summary judgment or summary adjudication. 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 affidavits. 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). a. Statements of Undisputed Facts and Genuine Disputes. The moving party's brief shall be accompanied by a Statement of Undisputed Facts ("SUF"). The SUF shall be presented in a table format and include the following columns: i. The first column shall contain the number of the fact alleged to be undisputed. S:\JGB\FORMS\STANDING ORDER.wpd-Revised March 24, 2016 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 ii. The second column shall contain a plain statement of the fact. Facts shall not be compound. If, for instance, the required response is that the fact is disputed in part, the fact is compound. Further, neither legal arguments nor conclusions constitute facts. iii. The third column shall contain a citation to admissible evidence the party believes supports the proffered fact. For example: Pl.'s SUF No. Fact 1. 2. 3. 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. Supporting Evidence Decl. of Plaintiff ¶ 2. Decl. of Plaintiff ¶ 4. Decl. of Plaintiff ¶ 7; Decl. of Plaintiff's Expert ¶ 14. . . . . . . . . . The party opposing the summary judgment motion shall include with its opposition a Statement of Genuine Disputes of Material Fact that includes the moving party's table; but the opposing party shall add a fourth column to the moving party's table identifying those facts that are in dispute, briefly explaining the dispute, and citing the evidence supporting the dispute. The opposing party shall not set forth legal or evidentiary objections in the statement of genuine disputes of material fact. For example: S:\JGB\FORMS\STANDING ORDER.wpd-Revised March 24, 2016 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 Pl.'s SUF No. Fact Supporting Evidence Def.'s Response Decl. of Plaintiff ¶ 2. Undisputed. 1. 2. 3. Plaintiff was driving her car when she went through the intersection. The light was green when Plaintiff went through the intersection. Decl. of Plaintiff ¶ 4. Plaintiff was driving at 35 miles per hour when she traveled through the intersection. Decl. of Plaintiff ¶ 7; Dec. of Plaintiff's Expert ¶ 14. Disputed. The light was red when Plaintiff traveled through the intersection. (Decl. of Defendant ¶ 6.) Disputed. Plaintiff was driving 52 miles per hour when she went through the intersection. (Decl. of Defendant's Expert ¶ 9.) . . . . . . . . . . . . If a party fails to dispute a fact properly by offering evidence that does not contradict the proffered fact, the Court will deem the fact undisputed for purposes of the motion. See Fed. R. Civ. P. 56(e)(2), L.R. 56-3. If the party opposing the summary judgment motion wishes to include its own set of undisputed facts, it may include them in a second table at the end of its statement of genuine disputes of material fact. The opposing party's undisputed facts shall be set forth in the same manner as the moving party's SUF. For example: S:\JGB\FORMS\STANDING ORDER.wpd-Revised March 24, 2016 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 Def.'s SUF No. 1. Fact Supporting Evidence The tires on Plaintiff's car had only 1 millimeter of tread remaining at the time of the accident. Decl. of Mechanic ¶ 5. . . . . . . . . . If either party fails to provide a pincite to the supporting evidence, 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 . b. Objections to Evidence. Parties shall file any legal objections to the other party's proffered evidence under separate cover. The evidentiary objections should be presented in a three-column format and include the following columns: i. The first column shall contain the number of the fact objected to, using the numbering submitted in the moving party's SUF if applicable. ii. The second column shall identify the item objected to, including its page and line number if applicable. iii. The third column shall set forth a concise objection (e.g., hearsay, lacks foundation, S:\JGB\FORMS\STANDING ORDER.wpd-Revised March 24, 2016 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 etc.) with a citation to the Federal Rules of Evidence or, where applicable, a case citation. For example: Fact No. Fact Objection 3. Plaintiff was driving at 35 miles per hour when she traveled through the intersection. (Decl. of Plaintiff ¶ 7; Decl. of Plaintiff's Expert ¶ 14) Irrelevant. F.R.E. 402. . . . . . . . . . 13. Ex Parte Applications. Ex parte applications are considered on the papers and are not usually set for hearing. Counsel are advised that this Court allows ex parte applications solely for extraordinary relief. Sanctions may be imposed for misuse of ex parte applications. See In re Intermagnetics Am., Inc., 101 B.R. 191 (Bankr. C.D. Cal. 1989). Counsel also should become familiar with Mission Power Engineering Co. v. Continental Casualty Co., 883 F. Supp. 488 (C.D. Cal. 1995), regarding ex parte applications. Counsel’s attention is directed 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 shall include a statement of opposing counsel's position. Failure to do so ensures the application will be DENIED. If counsel does not intend to oppose an ex parte application, counsel must inform the Courtroom Deputy Clerk, (951) 328-2254. As with all motion papers, counsel must deliver a conformed courtesy copy of the papers to the "Courtesy Box", located outside of Courtroom 1 on the 2nd floor at S:\JGB\FORMS\STANDING ORDER.wpd-Revised March 24, 2016 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 United States District Court, 3470 Twelfth Street, Riverside, California 92501. Counsel will be notified by the Courtroom Deputy Clerk of the Court’s ruling or of a hearing time and date should the Court determine that a hearing is necessary. 14. Stipulations. Stipulations extending scheduling dates set by this Court are not effective unless approved by the Court. Continuances will be granted only upon a showing of good cause. 15. 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 http://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, Maynor Galvez, by telephone at (951) 328-2254 or by email at [email protected] only in the event that counsel cannot find the desired information through all available resources. 16. Telephonic Appearances. Telephonic appearances will only be allowed upon good cause. To request a telephonic appearance counsel must file a request with a proposed order one week before the scheduling conference. S:\JGB\FORMS\STANDING ORDER.wpd-Revised March 24, 2016 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 * Copies of the Local Rules are available on our website at “http://www.cacd.uscourts.gov” or they may be purchased from one of the following: Los Angeles Daily Journal 915 East 1st Street Los Angeles, California 90012 West Publishing Company 610 Opperman Drive Post Office Box 64526 St. Paul, Minnesota 55164-0526 Metropolitan News 210 South Spring Street Los Angeles, California 90012 S:\JGB\FORMS\STANDING ORDER.wpd-Revised March 24, 2016 12