Criminal Trial Order.2019; Order Re Court Trial (Nov 2024); Order Re Jury Trial (July 2023); Order Setting Scheduling Conference.April 2026.pdf; Self-Representation Order.January 2021

=== Criminal Trial Order.2019 ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, v. , Defendant(s). _______________________________ CASE NO. CRIMINAL MOTION AND TRIAL ORDER Trial: Time: 8:30 a.m. A. 1. GENERAL REQUIREMENTS The captioned title of every pleading shall contain the name of the first-listed defendant as well as the name(s) and number(s) (in the order listed in the Indictment) of the particular defendant(s) to whom the pleading applies, unless the document applies to all defendants. The individual defendant’s registration number (if known) should be provided on any document pertaining to defendant’s custody status (e.g., requests for transfer, medical requests). All parties shall docket items only as to the particular defendant(s) the item pertains to, not as to all defendants, unless the item pertains to all. With the exception of documents filed under seal, every pleading shall be filed electronically in such a way that it is clear from the docketing entry to which defendant(s) it applies. The 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 outer envelope containing any pleading filed under seal should identify only the case title with first-listed defendant and case number and should state that the document is filed under seal. 2. Mandatory paper Chambers copies of all e-filed documents must be delivered to Judge Fitzgerald’s mailbox outside the Clerk's Office on the Fourth Floor of the First Street Courthouse, no later than 5:00 p.m. on the first court day after the filing date, or on the same day if priority processing is requested. Exhibits, declarations, etc. to chambers copies must be tabbed, where applicable. Mandatory chambers copies need NOT be blue-backed. B. 1. EX PARTE APPLICATIONS AND MOTIONS Ex parte applications are disfavored. The Court is unlikely to grant an ex parte application reciting that the moving party has been unable to obtain the position of the opposing party. Counsel should make serious efforts to obtain the agreement (or at least the position) of opposing counsel before filing an application. 2. Ex parte applications to allow defendant to travel should be made well in advance of the date of travel. Counsel should indicate whether the Pretrial Services officer has approved the travel. Applications by defendants with appointed counsel must indicate who will pay for the travel and related expenses. If these expenses are not to be paid by the defendant’s employer, the Court may require declarations under penalty of perjury from the persons paying the expenses. 3. Counsel must meet and confer with opposing counsel and attempt to resolve the issue before filing a motion. Motions expected to take more than one-half hour of court time must include a time estimate beneath the hearing date on the face page of the motion. 4. Hearings on motions and Status Conferences are held on Mondays, at 1:30 p.m. Counsel must follow the Central District’s Local Rules and General 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 Orders concerning electronic filing, unless superseded by this Order. 5. Pretrial motions shall be noticed for a Monday that is mutually agreed to by counsel. The briefing schedule is as follows: Motions shall be filed three weeks prior to the hearing; oppositions, or notice of non-opposition, shall be filed two weeks prior to the hearing; and replies, if any, shall be filed one week prior to the hearing. 6. Suppression motions shall also be noticed for a Monday that is mutually agreed to by counsel. The briefing schedule for suppression motions is as follows: Motions shall be filed four weeks prior to the hearing; oppositions shall be filed two weeks prior to the hearing; and replies, if any, shall be filed one week prior to the hearing. 7. Counsel shall meet and confer with opposing counsel to resolve informal discovery disputes prior to filing a motion for discovery. All discovery motions shall state with particularity what is requested, the basis for the request, whether discovery has been requested and opposing counsel’s response to such request. Motions made without prior consultation with opposing counsel may not be heard. C. DISCOVERY AND NOTICE Counsel shall comply promptly with discovery and notice pursuant to Rules 12, 12.1, 12.2, 12.3, 12.4, 15 and 16 of the Federal Rules of Criminal Procedure. On government counsel’s discovery of any evidence within the scope of Brady v.Maryland, 373 U.S. 83 (1963), and related cases, such evidence shall be produced forthwith to counsel for the defendant. Counsel for the government also shall disclose to counsel for defendant the existence or non-existence of (1) evidence obtained by electronic surveillance, and (2) testimony by a government informant. /// /// 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 D. BAIL REVIEWS Any request for a bail review based on changed circumstances or information not previously presented to the magistrate judge shall be addressed in the first instance to the magistrate judge and shall be served on both opposing counsel and Pretrial Services. E. 1. TRIAL REQUIREMENTS No later than one week before trial, counsel for the government shall file with the Court a trial memorandum setting forth a factual summary of the government’s case, a statement of the charges and the elements of each charge, an estimate of the length of the government’s case in chief, including anticipated cross-examination, the names of witnesses the government intends to call and a discussion of relevant legal and evidentiary issues as applied to the facts of the particular case. Counsel for the government shall attempt to obtain defense counsel’s agreement to the factual summary, statement of the charges, time estimate for cross-examination of the government’s witnesses and legal and evidentiary issues. 2. On the first day of trial, court will commence at 9:00 a.m. and conclude at approximately 4:30 p.m. with a one-hour lunch break. On the first day of trial, counsel must appear at 8:30 a.m. to discuss preliminary matters with the Court. After the first day of trial, trial days are Tuesday through Friday from 8:30 a.m. to approximately 2:00 p.m. with two twenty-minute breaks. 3. On the day of jury selection, the Court reserves the time from 8:30 a.m. to 9:00 a.m. to handle legal and administrative matters. Jury selection will commence promptly at 9:00 a.m. or as soon as jurors are available. All counsel must anticipate matters that may need to be addressed outside of the presence of the jury and raise them at the end of the day or during breaks. The Court does not make jurors wait while counsel discuss matters that should have been addressed previously. Short briefs addressing disputed issues are welcome. 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 Court discourages sidebars during trial. 4. Counsel for the government shall present the Courtroom Deputy Clerk (“CRD”) with the following documents on the first day of trial: a. Three copies of the government’s witness list, which also shall be sent in Word or WordPerfect format to Chambers' e-mail address. b. Three copies of the government’s exhibit list in the form specified in Local Rule 16-5 (Civil), which also shall be sent in Word or WordPerfect format to Chambers’ e-mail address. c. All of the government’s exhibits, with official exhibit tags attached and bearing the same number shown on the exhibit list. Exhibits shall be numbered 1, 2, 3, etc., NOT 1.1, 1.2, etc. Exhibit tags are available on the at http://www.cacd.uscourts.gov/forms/exhibit-tags-plaintiff-defendant. If a “blow- up” is an enlargement of an existing exhibit, it shall be designated with the number of the original exhibit followed by an “A.” d. A three-ring binder containing a copy of the indictment/ information, a copy of all exhibits that can be reproduced, and a copy of the witness list. Each exhibit shall be tabbed with the exhibit number for easy referral. e. A three-ring binder containing a copy of all exhibits for use by witnesses. 5. Exhibits such as firearms, narcotics, etc., must remain in the custody of a law enforcement agent during the pendency of the trial. It shall be the responsibility of the agent to produce any such items for court, secure them at night and guard them at all times while in the courtroom. 6. The Court prefers that defense counsel deliver defense exhibits to the CRD by noon on the Monday before trial, but counsel are not required to do so unless these exhibits have previously been provided to the government. Defense counsel are reminded that many discovery obligations are reciprocal. 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 Defense counsel are responsible for affixing completed exhibit tags with the case name and case number to all exhibits to be used in defendant’s case. Defense counsel should be sure that defense exhibit numbers do not duplicate government exhibit numbers. 7. In trials where the defense expects to admit more than 20 exhibits, defense counsel shall provide three (3) three-ring binders (two for the Court and one for witnesses), tabbed if possible with numbers to correspond to the exhibits counsel expects to introduce. Defense counsel shall provide the Court with a copy of defense exhibits as they are introduced during trial, if they have not previously been provided. 8. Defense counsel shall email to the Chambers’ email address and provide the CRD and the court reporter with the defense witness list and defense exhibit list at the start of the defense case, if they have not previously done so. 9. At least one week before trial, the parties must provide a case- specific glossary for the court reporter that includes applicable medical, scientific or technical terms, gang terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/agents/departments/ entities involved in the case, names of people interviewed/deposed, names of family members, friends, or others who might be mentioned, and other case- specific terminology. 10. A copy of the exhibit list with all admitted exhibits will be given to the jury during deliberations. Government and defense counsel shall review and approve the exhibit list with the CRD before the list is given to the jury. 11. If any counsel wishes to arrange for the use of additional equipment, such as video monitors, overhead projectors, etc., counsel shall contact 213-894- 3061 to verify and/or reserve demonstrative equipment and notify the CRD no later than 4:00 p.m. at least one week before trial so that the necessary arrangements may be made. 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 12. Counsel shall not attempt to display or use any charts or enlargements of exhibits unless all counsel have agreed to their use or objections have been heard and a ruling has been made by the Court. 13. Any party requesting special court reporter services for any hearing (i.e., real time transmission, daily transcripts) shall notify the reporter as least two weeks before the hearing date. 14. All pretrial document copies delivered to the Court shall be “binder- ready” (three-hole punched on the left side, without blue-backs or staples). F. JURY INSTRUCTIONS, VERDICT FORMS AND QUESTIONNAIRES 1. No later than the Monday one week before trial, counsel shall submit both general and substantive jury instructions in the form described below. If possible, all instructions should be taken from the Manual of Model Criminal Jury Instructions for the Ninth Circuit (West Publishing, current edition). Where no applicable Ninth Circuit model instruction is available, counsel should consult the instructions from O’Malley, Grenig & Lee (formerly Devitt, et al.), Federal Jury Practice and Instructions (West Publishing Co., current edition). When submitting other than Ninth Circuit instructions, counsel should be sure that the law on which the instruction is based is the same as Ninth Circuit law on the subject. Counsel may submit alternatives to the Ninth Circuit model jury instructions or O’Malley, Grenig & Lee instructions only if counsel has a reasoned argument that those instructions do not properly state the law or they are incomplete. 2. The parties must submit JOINT jury instructions and a JOINT proposed verdict form. In order to produce these joint instructions, the parties shall meet and confer sufficiently in advance of the required submission date with the goal of agreeing on instructions and verdict forms. Where the parties cannot agree, disputed instructions shall be submitted Wednesday before trial as 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 follows: 1) JOINT jury instructions (those instructions agreed to by all parties); and 2) DISPUTED jury instructions (those instructions propounded by a party to which another party objects). On a separate page following each disputed jury instruction, the party opposing the instruction shall briefly state the basis for the objection, any authority in support thereof and, if applicable, an alternative instruction. On the following page, the party proposing the disputed instruction shall briefly state its response to the objection, and any authority in support of the instruction. Each requested jury instruction shall be numbered and set forth in full on a separate page, citing the authority or source of the requested instruction. 3. Jury instructions should be modified as necessary to fit the facts of the case (e.g., inserting names of defendant(s) or witness(es) to whom instruction applies). Where language appears in brackets in the model instruction, counsel shall select the appropriate text and eliminate the inapplicable bracketed text. 4. An index page shall accompany all jury instructions submitted to the Court. The index page shall indicate the following: a. b. c. d. The number of the instruction; A brief title of the instruction; The source of the instruction; and The page number of the instruction. EXAMPLE: Number Title Source Page Number #1 Conspiracy-Elements 9th Cir. 8.5.1 1 5. One or more copies of the instructions will be given to the jury during deliberations. Accordingly, counsel must submit to the Chambers' e-mail address a “clean” set of all instructions in Word or WordPerfect format, containing only the text of each instruction, set forth in full on each page, with the caption “Instruction No. ____” (eliminating titles, supporting authority, 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 indication of party proposing, etc.). A paper Chambers copy must also be submitted. 6. Counsel shall submit a proposed verdict form with the jury instructions. 7. At least by Wednesday before trial, each counsel must file any proposed questions to be asked of prospective jurors. G. INSTRUCTIONS GOVERNING PROCEDURE DURING TRIAL 1. Water is permitted in the courtroom. Food is not permitted in the courtroom. 2. Counsel shall rise when addressing the Court. Counsel and the defendant shall rise when the jury enters or leaves the courtroom. Special procedures or exceptions may apply when the defendant is in custody or restrained. 3. In trial, all remarks shall be addressed to the Court. Counsel shall not directly address the CRD, the court reporter or opposing counsel without the Court’s permission. All requests for re-reading of questions or answers, or to have an exhibit placed in front of a witness, shall be addressed to the Court. 4. Counsel shall not discuss the law or argue the case in opening statements. 5. Counsel shall not refer to any witness -- including a client -- over 14 years of age by his/her first name during trial. 6. No “speaking objections” are allowed. When objecting, counsel shall stand, state only the legal ground of the objection, e.g., hearsay, irrelevant, etc. Counsel shall not argue an objection before the jury. Requests to approach sidebar to argue an objection further should be made sparingly, and may not be granted. /// 7. Counsel shall not make facial expressions, nod, shake their heads, 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 comment, or otherwise exhibit in any way any agreement, disagreement, or other opinion or belief concerning the testimony of a witness. Counsel shall admonish their clients and witnesses not to engage in such conduct. 8. Counsel should not talk to jurors at all, and should not talk to co- counsel, opposing counsel, witnesses, or clients where the conversation can be overheard by jurors. Each counsel should admonish counsel’s own clients and witnesses to avoid such conduct. 9. Counsel shall question witnesses from the lectern. Counsel shall not approach the witness box or enter the well without the Court’s permission, and shall return to the lectern when counsel’s purpose has been accomplished. 10. No document shall be placed before a witness unless a copy has been provided to the Court and opposing counsel. Counsel may consider such devices as overhead projectors, jury notebooks for admitted exhibits, or enlargements of important exhibits. The Court has an Elmo projector and other equipment available for use during trial. Counsel may call the CRD if they wish to visit when the Court is not in session to practice using the equipment. The Court does not permit exhibits to be “published” by passing them up and down the jury box. Exhibits may be displayed briefly using the screen in the courtroom, unless the process becomes too time-consuming. 11. Counsel should not offer a stipulation without having conferred with opposing counsel and having reached an agreement. Any stipulation of fact will require defendant’s personal concurrence and shall be submitted to the Court in writing for approval. A proposed stipulation should be explained to the defendant(s) in advance. 12. While court is in session, counsel shall not leave counsel table to confer with investigators, paralegals, secretaries, witnesses, etc., unless permission is granted in advance. 13. When a party has more than one lawyer, only one lawyer may 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 conduct the examination of a given witness, and only that same lawyer may handle objections during the testimony of that witness. 14. If a witness was on the stand at a recess or adjournment, counsel who called the witness shall ensure the witness is back on the stand and ready to proceed when trial resumes. 15. Counsel are directed to have witnesses available throughout the court day. If no witnesses are available and there is more than a brief delay, the Court may deem counsel to have rested. 16. The Court attempts to cooperate with expert witnesses and other professionals, and will, except in extraordinary circumstances, accommodate them by permitting them to be called out of sequence. Counsel are urged to anticipate any such possibility and to discuss it with opposing counsel. If there is an objection, counsel shall confer with the Court in advance. 17. Counsel must notify the CRD in advance if any witness should be accommodated based on the Americans with Disabilities Act or for other reasons. 18. Each counsel should keep counsel’s own list of exhibits and should note when each has been admitted into evidence. 19. Each counsel is responsible for any exhibits that counsel secures from the CRD and must return them before leaving the courtroom at the end of the session. /// /// /// /// /// /// /// 11 20. An exhibit not previously marked should, at the time of its first mention, be accompanied by a request that the CRD mark it for identification. To save time, counsel must show a new exhibit to opposing counsel before it is mentioned in Court. IT IS SO ORDERED. Dated: __________________________________ MICHAEL W. FITZGERALD 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 12

=== Order Re Court Trial (Nov 2024) ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA , , v. Plaintiff, Defendant. ______________________________ CASE NO. ORDER RE COURT TRIAL I. ORDER RE DEADLINES II. ORDER RE TRIAL PREPARATION III. ORDER GOVERNING CONDUCT OF ATTORNEYS AND PARTIES Trial: Time: 8:30 a.m. /// /// /// /// /// /// /// /// /// /// 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. DEADLINES Last Day to Add Parties/Amend Pleadings Non-expert Discovery Cut-off Expert Disclosure (Initial) Expert Disclosure (Rebuttal) Expert Discovery Cut-off Last Day to Hear Motions Last Day to Conduct ADR Proceeding • File Status Report Regarding Settlement • File Memoranda of Contentions of Fact and Law • File Witness and Joint Exhibit Lists • File Motions In Limine • Lodge Pretrial Conference Order • File Statement of the Case • File Oppositions to Motions in Limine • Lodge Findings of Fact and Conclusions of Law • File Summaries of Direct Testimony • File Trial Briefs, if desired • File Oppositions to Proposed Findings of Fact and Conclusions of Law Final Pretrial Conference and Hearing on Motions in Limine Bench Trial (Est. _ Days) , at 11:00 a.m. , at 8:30 a.m. /// /// /// /// /// 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 A. PARTIES/PLEADINGS The Court has established a cut-off date for adding parties or amending pleadings. All motions to add parties or to amend the pleadings must be noticed to be heard on or before the cut-off date. All unserved parties will be dismissed at the time of the pretrial conference pursuant to Local Rule 16-8.1. B. 1. DISCOVERY AND DISCOVERY CUT-OFF Discovery Cut-off: The Court has established a cut-off date for discovery, including expert discovery, if applicable. This is not the date by which discovery requests must be served; it is the date by which all discovery, including all hearings on any related motions, is to be completed. 2. Discovery Disputes: Counsel are expected to comply with all Federal Rules of Civil Procedure and the Local Rules concerning discovery. Whenever possible, the Court expects counsel to resolve discovery problems among themselves in a courteous, reasonable and professional manner. The Court expects that counsel will adhere strictly to the Civility and Professionalism Guidelines (which can be found on the Court’s website under Attorney Information, Attorney Admissions). 3. Discovery Motions: Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted. 4. Depositions: All depositions shall commence sufficiently in advance of the discovery cut-off date to permit their completion and to permit the deposing party enough time to bring any discovery motions concerning the deposition before the cut-off date. Given the requirements to “meet and confer” and to give notice, in most cases a planned motion to compel must be discussed with opposing counsel at least six weeks before the cut-off. /// 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 5. Written Discovery: All interrogatories, requests for production of documents and requests for admissions must be served sufficiently in advance of the discovery cut-off date to permit the discovering party enough time to challenge (via motion practice) responses deemed to be deficient. 6. Expert Discovery: All disclosures must be made in writing. The parties should begin expert discovery shortly after the initial designation of experts. The final pretrial conference and trial dates will not be continued merely because expert discovery is not completed. Failure to comply with these or any other orders concerning expert discovery may result in the expert being excluded as a witness. C. 1. LAW AND MOTION The Court has established a cut-off date for the hearing of motions. All motions must be noticed so that the hearing takes place on or before the motion cut-off date. Counsel are advised that the Court may close a hearing date once the number of motions filed exceeds the maximum number of motions that reasonably can be heard on that date. Counsel should anticipate that a preferred hearing date may be unavailable. Therefore, to avoid being unable to file a motion to be heard by the cut-off date, counsel should file motions sufficiently in advance of the hearing cut-off date to ensure that a hearing date is available. 2. Counsel must provide Chambers with mandatory Chambers copies of all documents. Chambers copies should not be put in envelopes. Counsel should consult the Court’s website at www.cacd.uscourts.gov, Judges’ Procedures and Schedules, Hon. Michael W. Fitzgerald for further information regarding Chambers copies and motion procedures. D. SETTLEMENT PROCEDURES Counsel must complete a settlement conference under the Court-Directed ADR Program no later than the date set by the Court. If the parties desire to participate in an ADR procedure other than that elected in the Rule 26(f) 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 Scheduling Report and Order, they shall file a stipulation with the Court. this request will not necessarily be granted. No case will proceed to trial unless all parties, including the principals of all corporate parties, have appeared personally at a settlement conference. E. 1. FINAL PRETRIAL CONFERENCE A final pretrial conference date has been set pursuant to Rule 16 of the Federal Rules of Civil Procedure and Local Rule 16-8. Unless excused for good cause, each party appearing in this action shall be represented at the final pretrial conference by the lead trial counsel for that party. Counsel should be prepared to discuss streamlining the trial, including presentation of testimony by deposition excerpts or summaries, time limits, stipulations as to undisputed facts, and qualification of experts by admitted resumes. The Court encourages, but does not require, counsel to agree to submit direct testimony of witnesses by way of declaration or written statement confirmed under oath by the witness. 2. The Court encourages, but does not require, counsel to agree to submit direct testimony of witnesses by way of declaration or written statement confirmed under oath by the witness. See Local Rule 16-11.2(b). II. TRIAL PREPARATION A. 1. PRETRIAL DOCUMENTS ALL PRETRIAL DOCUMENT COPIES DELIVERED TO THE COURT SHALL BE “BINDER-READY” (three-hole punched on the left side, without blue-backs, and stapled only in the top left corner). 2. STRICT COMPLIANCE WITH LOCAL RULE 16 IS REQUIRED. THIS ORDER SETS FORTH SOME DIFFERENT AND SOME ADDITIONAL REQUIREMENTS. THIS COURT DOES NOT EXEMPT PRO PER PARTIES FROM THE REQUIREMENTS OF RULE 16. Carefully prepared memoranda of contentions of fact and law, witness lists, a joint exhibit list, and a proposed final 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 pretrial conference order shall be submitted in accordance with the Rules, and the format of the proposed final pretrial conference order shall conform to the format set forth in Appendix A to the Local Rules. Failure to comply with these requirements may result in the final pretrial conference being taken off-calendar or continued, or in other sanctions. 3. The filing schedule for pretrial documents is as follows. a. At least 21 days before final pretrial conference: • • • • Memoranda of contentions of fact and law Witness lists Joint exhibit list Motions in limine b. At least 14 days before final pretrial conference: • • • Proposed final pretrial conference order Statement of the case Oppositions to motions in limine c. At least 21 days before trial: • Proposed findings of fact and contentions of law, if the matter requires them d. At least 7 days before trial: • • Trial briefs, if desired Opposing parties’ proposed findings of fact and conclusions of law, marked as described in this Order. 4. In addition to the requirements of Local Rule 16, the witness lists must include a brief description (one or two paragraphs) of the testimony and a time estimate for both direct and cross-examination (separately stated). See attached samples. /// /// 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. MOTIONS IN LIMINE Each party is limited to five (5) motions in limine, unless the Court grants leave to file additional motions. All motions and oppositions are limited to ten (10) pages in length. All motions in limine must be filed at least three weeks before the final pretrial conference; oppositions must be filed at least two weeks before the final pretrial conference; reply briefs will not be accepted. Counsel are to meet and confer with opposing counsel to determine whether opposing counsel intend to introduce the disputed evidence and to attempt to reach an agreement that would obviate the motion.The Court will rule on motions in limine at the final pretrial conference. Motions in limine should address specific issues (e.g., not “to exclude all hearsay”). Motions in limine should not be disguised motions for summary adjudication of issues. C. 1. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW For any matter requiring findings of fact and conclusions of law, counsel for each party shall, no later than 21 days before trial, file with the Court and serve on opposing counsel that party’s proposed findings of fact and conclusions of law in the format specified in Local Rule 52-3. 2. Seven days before the trial date, each counsel shall file with the Court and serve on opposing counsel a copy of the opposing party’s proposed findings of fact and conclusions of law, marked as follows: a. b. c. Strike through those portions the party disputes; Bold those portions the party admits; and Underline those portions the party admits but considers irrelevant. 3. Counsel need not make a uniform determination as to an entire proposed finding or conclusion, and may agree with a portion, dispute another portion, and consider a portion irrelevant. Counsel should, however, have only a single fact or conclusion of law contained in each paragraph. 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 4. The parties may submit supplemental proposed findings of fact and conclusions of law during the course of the trial. If more than five supplemental findings are proposed, the same designating procedures should be used. 5. At the time of filing, each party also must submit its own unmarked proposed findings of fact and conclusions of law to the Chambers e-mail box in Word or WordPerfect format. D. 1. TRIAL EXHIBITS Exhibits must be placed in three-ring binders indexed by exhibit number with tabs or dividers on the right side. Counsel shall submit to the Court an original and two copies of the binders. The spine portion of the binder shall indicate the volume number and contain an index of each exhibit included in the volume. 2. The Court requires that the following be submitted to the Courtroom Deputy Clerk (“CRD”) on the first day of trial: a. The binder of original exhibits with the Court’s exhibit tags, yellow tags for plaintiff and blue tags for defendant, stapled to the front of the exhibit on the upper right-hand corner with the case number, case name, and exhibit number placed on each tag. b. Two binders with a copy of each exhibit tabbed with numbers as described above for use by the Court. (Exhibit tags are not necessary on these copies.) c. d. Three copies of exhibit lists. Three copies of witness lists in the order in which the witnesses may be called to testify. e. Exhibit tags may be obtained from the receptionist in the Public Intake Section, located on the Main Street level of the courthouse at 312 North Spring Street, Room G-19. Digital exhibit tags are also now available on the Court's website under Court Forms > General Forms > Form G-14A (Plaintiff) and 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 G-14B (Defendant). Digital exhibit tags may be used in place of the tags obtained from the Clerk's Office. 3. All counsel are to meet not later than ten days before trial and to stipulate, so far as is possible, to foundation, to waiver of the best evidence rule and to those exhibits that may be received into evidence at the start of the trial. The exhibits to be so received will be noted on the extra copies of the exhibit lists. E. TRIAL On the first day of trial, Court will commence at 8:30 a.m. and conclude at approximately 4:30 p.m., with a one-hour lunch break. After the first day of trial, trial days are Tuesday through Friday, from 8:30 a.m. to approximately 2:30 p.m. with two twenty-minute breaks. F. COURT REPORTER Any party requesting special court reporter services for any hearing (i.e., real time transmission, daily transcripts) shall notify the reporter at least 2 weeks before the hearing date. III. CONDUCT OF ATTORNEYS AND PARTIES A. OPENING STATEMENTS, EXAMINING WITNESSES, AND SUMMATION Counsel must use the lectern. Counsel must not consume time by writing out words, drawing charts 1. 2. or diagrams, etc. Counsel may prepare such materials in advance. 3. The Court will honor (and may establish) reasonable time estimates for opening statements and closing arguments, examination of witnesses, etc. B. 1. OBJECTIONS TO QUESTIONS Counsel must not use objections for the purpose of making a speech, recapitulating testimony, or attempting to guide the witness. 2. When objecting, counsel must rise to state the objection and state only 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 that counsel objects and the legal ground of objection. If counsel wishes to argue an objection further, counsel must ask for permission to do so. C. 1. GENERAL DECORUM Counsel should rise when addressing the Court, and when the Court enters or leaves the courtroom. 2. Counsel should not approach the CRD or the witness box without specific permission and must return to the lectern when the purpose for approaching has been accomplished. 3. Counsel should address all remarks to the Court. Counsel are not to address the CRD, the court reporter, persons in the audience or opposing counsel. If counsel wish to speak with opposing counsel, counsel must ask permission to do so. Any request for the re-reading of questions or answers shall be addressed to the Court. Requests may not be granted. 4. Counsel should not address or refer to witnesses or parties by first names alone, with the exception of witnesses under 14 years old. 5. Counsel must not offer a stipulation unless counsel have conferred with opposing counsel and have verified that the stipulation will be acceptable. 6. While Court is in session, counsel must not leave counsel table to confer with any person in the back of the courtroom unless permission has been granted in advance. 7. Counsel shall not make facial expressions, nod, shake their heads, comment, or otherwise exhibit in any way any agreement, disagreement, or other opinion or belief concerning the testimony of a witness. Counsel shall admonish their clients and witnesses not to engage in such conduct. 8. 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. /// 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 D. 1. PROMPTNESS OF COUNSEL AND WITNESSES Promptness is expected from counsel and witnesses. Once counsel are engaged in trial, this trial is counsel’s first priority. The Court will not delay the trial. 2. If a witness was on the stand at a recess or adjournment, counsel who called the witness shall ensure the witness is back on the stand and ready to proceed when trial resumes. 3. Counsel must notify the CRD in advance if any witness should be accommodated based on a disability or for other reasons. 4. No presenting party may be without witnesses. If a party’s remaining witnesses are not immediately available and there is more than a brief delay, the Court may deem that party to have rested. 5. The Court attempts to cooperate with professional witnesses and will, except in extraordinary circumstances, accommodate them by permitting them to be called out of sequence. Counsel must anticipate any such possibility and discuss it with opposing counsel. If there is an objection, counsel must confer with the Court in advance. E. 1. EXHIBITS Each counsel should keep counsel’s own list of exhibits and should note when each has been admitted into evidence. 2. Each counsel is responsible for any exhibits that counsel secures from the CRD and must return them before leaving the courtroom at the end of the session. 3. An exhibit not previously marked should, at the time of its first mention, be accompanied by a request that it be marked for identification. Counsel must show a new exhibit to opposing counsel before the court session in which it is mentioned. 4. Counsel are to advise the CRD of any agreements with respect to the 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 proposed exhibits and as to those exhibits that may be received without further motion to admit. 5. When referring to an exhibit, counsel should refer to its exhibit number. Witnesses should be asked to do the same. 6. Counsel must not ask witnesses to draw charts or diagrams nor ask the Court’s permission for a witness to do so. Any graphic aids must be fully prepared before the court session starts. F. 1. DEPOSITIONS All depositions to be used at trial, either as evidence or for impeachment, must be lodged with the CRD on the first day of trial or such earlier date as the Court may order. Counsel should verify with the CRD that the relevant deposition is in the CRD’s possession. 2. In using depositions of an adverse party for impeachment, either one of the following procedures may be adopted: a. If counsel wishes to read the questions and answers as alleged impeachment and ask the witness no further questions on that subject, counsel shall first state the page and line where the reading begins and the page and line where the reading ends, and allow time for any objection. Counsel may then read the portions of the deposition into the record. b. If counsel wishes to ask the witness further questions on the subject matter, the deposition shall be placed in front of the witness and the witness told to read the relevant pages and lines silently. Then counsel may either ask the witness further questions on the matter and thereafter read the quotations, or read the quotations and thereafter ask further questions. Counsel should have an extra copy of the deposition for this purpose. 3. Where a witness is absent and the witness’s testimony is offered by deposition, counsel may (a) have a reader occupy the witness chair and read the testimony of the witness while the examining lawyer asks the questions, or (b) 12 have counsel read both the questions and answers. G. USING NUMEROUS ANSWERS TO INTERROGATORIES AND REQUESTS FOR ADMISSIONS Whenever counsel expects to offer a group of answers to interrogatories or requests for admissions extracted from one or more lengthy documents, counsel should prepare a new document listing each question and answer and identifying the document from which it has been extracted. Copies of this new document should be given to the Court and opposing counsel. H. ADVANCE NOTICE OF UNUSUAL OR DIFFICULT ISSUES If any counsel have reason to anticipate that a difficult question of law or evidence will necessitate legal argument requiring research or briefing, counsel must give the Court advance notice. Counsel are directed to notify the CRD at the day’s adjournment if an unexpected legal issue arises that could not have been foreseen and addressed by a motion in limine. See Fed. R. Evid. 103. N.B. “COUNSEL,” AS USED IN THIS ORDER, INCLUDES PARTIES APPEARING IN PROPRIA PERSONA. IT IS SO ORDERED. Dated: November 7, 2024 __________________________________ MICHAEL W. FITZGERALD 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 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 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Plaintiff(s), v. ______________________________ Defendant(s). CASE NO. CV -MWF( x) EXHIBIT LIST SAMPLE FORMAT EX. No. DESCRIPTION IDENTIFIED ADMITTED 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 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Plaintiff(s), v. ______________________________ Defendant(s). WITNESSES FOR PLAINTIFF CASE NO. CV -MWF( x) WITNESS LIST SAMPLE FORMAT DATES OF TESTIMONY (to be filled in during trial) WITNESSES FOR DEFENDANT 15

=== Order Re Jury Trial (July 2023) ===

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, v. Defendants. ______________________________ CASE NO. CV ORDER RE JURY TRIAL I. ORDER RE DEADLINES II. ORDER RE TRIAL PREPARATION III. ORDER GOVERNING CONDUCT OF ATTORNEYS AND PARTIES Trial: Time: 8:30 a.m. /// /// /// /// /// /// /// /// /// /// 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. DEADLINES Last Day to Add Parties/Amend Pleadings Non-expert Discovery Cut-off Expert Disclosure (Initial) Expert Disclosure (Rebuttal) Expert Discovery Cut-off Last Day to Hear Motions Last Day to Conduct ADR Proceeding File Memorandum of Contentions of Fact and Law, Exhibit and Witness Lists, Status Report regarding settlement, and all Motions in Limine Lodge Pretrial Conference Order, file agreed set of Jury Instructions and Verdict forms, statement regarding Disputed Instructions and Verdict Forms, and Oppositions to Motions in Limine Final Pretrial Conference and Hearing on Motions in Limine Trial Date (Est. Days**) , at 11:00 a.m. , at 8:30 a.m. *A trial of ten days or more requires prescreening of a jury panel. No later than six weeks prior to the Final Pretrial Conference, counsel must file joint notice of the then current estimate for trial, including the number of hours for testimony. Failure to timely file the notice may result in continuance of the trial to allow sufficient time for a jury panel to be prescreened. /// /// 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 A. PARTIES/PLEADINGS The Court has established a cut-off date for adding parties or amending pleadings. All motions to add parties or to amend the pleadings must be noticed to be heard on or before the cut-off date. All unserved parties will be dismissed at the time of the pretrial conference pursuant to Local Rule 16-8.1. B. 1. DISCOVERY AND DISCOVERY CUT-OFF Discovery Cut-off: The Court has established a cut-off date for discovery, including expert discovery, if applicable. This is not the date by which discovery requests must be served; it is the date by which all discovery, including all hearings on any related motions, is to be completed. 2. Discovery Disputes: Counsel are expected to comply with the Federal Rules of Civil Procedure and all Local Rules concerning discovery. Whenever possible, the Court expects counsel to resolve discovery problems among themselves in a courteous, reasonable and professional manner. The Court expects that counsel will adhere strictly to the Civility and Professionalism Guidelines (which can be found on the Court’s website under Attorney Information, Attorney Admissions). 3. Discovery Motions: Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted. 4. Depositions: All depositions shall commence sufficiently in advance of the discovery cut-off date to permit their completion and to permit the deposing party enough time to bring any discovery motions concerning the deposition before the cut-off date. Given the requirements to “meet and confer” and to give notice, in most cases a planned motion to compel must be discussed with opposing counsel at least six weeks before the cut-off. /// 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 5. Written Discovery: All interrogatories, requests for production of documents and requests for admissions must be served sufficiently in advance of the discovery cut-off date to permit the discovering party enough time to challenge (via motion practice) responses deemed to be deficient. 6. Expert Discovery: All disclosures must be made in writing. The parties should begin expert discovery shortly after the initial designation of experts. The final pretrial conference and trial dates will not be continued merely because expert discovery is not completed. Failure to comply with these or any other orders concerning expert discovery may result in the expert being excluded as a witness. C. 1. LAW AND MOTION The Court has established a cut-off date for the hearing of motions. All motions must be noticed so that the hearing takes place on or before the motion cut-off date. Counsel are advised that the Court may close a hearing date once the number of motions filed exceeds the maximum number of motions that reasonably can be heard on that date. Counsel should anticipate that a preferred hearing date may not be available. Therefore, to avoid being unable to file a motion to be heard by the cut-off date, counsel should file motions sufficiently in advance of the hearing cut-off date to ensure that a hearing date is available. 2. Counsel must provide Chambers with conformed Chambers copies of all documents. Counsel should consult the Court’s website at www.cacd.uscourts.gov, Judges’ Procedures and Schedules, Hon. Michael W. Fitzgerald, for further information regarding Chambers copies and motion procedures. D. SETTLEMENT PROCEDURES Counsel must complete a settlement conference under the Court-Directed ADR Program no later than the date set by the Court. If the parties desire to participate in an ADR procedure other than that elected in the Rule 26(f) 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 Scheduling Report and Order, they shall file a stipulation with the Court. This request will not necessarily be granted. No case will proceed to trial unless all parties, including the principals of all corporate parties, have appeared personally at a settlement conference. E. FINAL PRETRIAL CONFERENCE A final pretrial conference date has been set pursuant to Rule 16 of the Federal Rules of Civil Procedure and Local Rule 16-8. Unless excused for good cause, each party appearing in this action shall be represented at the final pretrial conference by the lead trial counsel for that party. Counsel should be prepared to discuss streamlining the trial, including presentation of testimony by deposition excerpts or summaries, time limits, stipulations as to undisputed facts, and qualification of experts by admitted resumes. II. TRIAL PREPARATION PRETRIAL DOCUMENTS All pretrial document copies shall be delivered to the Court “binder- A. 1. ready” (three-hole punched on the left side, without blue-backs, and stapled only in the top left corner). 2. STRICT COMPLIANCE WITH LOCAL RULE 16 IS REQUIRED. THIS ORDER SETS FORTH SOME DIFFERENT AND SOME ADDITIONAL REQUIREMENTS. THIS COURT DOES NOT EXEMPT PRO PER PARTIES FROM THE REQUIREMENTS OF RULE 16. Carefully prepared memoranda of contentions of fact and law, witness lists, a joint exhibit list, and a proposed final pretrial conference order shall be submitted in accordance with the Rules, and the format of the proposed final pretrial conference order shall conform to the format set forth in Appendix A to the Local Rules. Failure to comply with these requirements may result in the final pretrial conference being taken off-calendar or continued, or in other sanctions. 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. The filing schedule for pretrial documents is as follows. a. At least 21 days before final pretrial conference: • • • • Memorandum of contentions of fact and law Witness lists Joint exhibit list Motions in limine b. At least 14 days before final pretrial conference: • • • • • • Proposed final pretrial conference order Proposed jury instructions Proposed verdict forms Statement of the case Proposed additional voir dire questions, if desired Oppositions to motions in limine c. At least 7 days before trial: • Trial briefs, if desired 4. In addition to the requirements of Local Rule 16, the witness lists must include a brief description (one or two paragraphs) of the testimony and a time estimate for both direct and cross-examination (separately stated). B. MOTIONS IN LIMINE Each party is limited to five (5) motions in limine, unless the Court grants leave to file additional motions. All motions and oppositions are limited to ten (10) pages in length. All motions in limine must be filed at least three weeks before the final pretrial conference; oppositions must be filed at least two weeks before the final pretrial conference; reply briefs will not be accepted. Counsel are to meet and confer with opposing counsel to determine whether opposing counsel intend to introduce the disputed evidence and to attempt to reach an agreement that would obviate the motion. The Court will rule on motions in limine at the final pretrial conference. Motions in limine should address specific issues (e.g., not “to 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 exclude all hearsay”). Motions in limine should not be disguised motions for summary adjudication of issues. C. JURY INSTRUCTIONS, STATEMENT OF THE CASE, AND VOIR DIRE 1. Pursuant to Local Rule 16-2, lead trial counsel for each party are required to meet and confer in person. The Court expects strict compliance with Local Rule 16-2. Fourteen days before the Local Rule 16-2 meeting, the parties shall exchange their respective proposed jury instructions and special verdict forms. Ten days prior to the Local Rule 16-2 meeting, each party shall serve objections to the other’s instructions and verdict forms. Before or at the Rule 16-2 meeting, counsel are ordered to meet and confer and attempt to come to agreement on the proposed jury instructions and verdict forms. 2. At the time of filing the proposed final pretrial conference order, counsel shall file with the Court a JOINT set of jury instructions on which there is agreement. All blanks in standard forms should be filled in. The Court expects counsel to agree on the substantial majority of jury instructions, particularly when pattern or model instructions provide a statement of applicable law. If one party fails to comply with the provisions of this section, the other party must file a unilateral set of jury instructions. 3. At the same time, each party shall file its proposed jury instructions that are objected to by any other party. Each disputed instruction must have attached a short statement (one or two paragraphs), including points and authorities, in support of the instruction and a brief statement, including points and authorities, in support of any objections. If applicable, a proposed alternative instruction must be provided. 4. When the Manual of Model Jury Instructions for the Ninth Circuit provides an applicable jury instruction, the parties should submit the most recent version, modified and supplemented to fit the circumstances of this case. Where 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 California law applies, counsel should use the current edition of the Judicial Council of California Civil Jury Instructions (“CACI”). If neither is applicable, counsel should 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. Counsel may submit alternatives to these instructions only if counsel has a reasoned argument that they do not properly state the law or they are incomplete. 5. Counsel must provide the documents described in paragraphs 2 and 3 to the Chambers email box in Word or WordPerfect 9 (or above) format at the time they file their proposed jury instructions. 6. The Court will send one or more copies of the instructions into the jury room for the jury’s use during deliberations. Therefore, in addition to the copies described above, the Chambers email version must contain a “clean” set of jury instructions, containing only the text of the instruction (one per page) with the caption “Instruction No. __” at the top (eliminating titles, supporting authority, etc.). 7. Counsel must provide an index of all instructions submitted, which must include the following: a. b. c. d. For example: Number Title the number of the instruction; the title of the instruction; the source of the instruction and any relevant case citations; and the page number of the instruction. Source Page Number 1 Trademark-Defined 9th Cir. 8.5.1 1 (15.U.S.C. § 1127) 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 8. During the trial and before argument, the Court will meet with counsel and settle the instructions, and counsel will have an opportunity to make a further record concerning their objections. 9. At the time of filing the proposed final pretrial conference order, counsel should file a jointly prepared one- or two-page statement of the case to be read by the Court to the prospective panel of jurors before commencement of voir dire. 10. The Court will conduct the voir dire. The Court provides a list of basic questions, and may provide a list of additional questions to jurors before voir dire. (This is not a questionnaire to be completed by jurors.) Counsel may, but are not required to, file and submit (electronically to the Chambers email box and in paper form) a list of proposed case-specific voir dire questions at the time they file the proposed final pretrial conference order. 11. In most cases the Court will conduct its initial voir dire of all prospective jurors. Generally the Court will select eight jurors. 12. Each side will have three peremptory challenges. Following the exercise of all peremptory challenges, the eight jurors in the lowest numbered seats will be the jury. The Court will not necessarily accept a stipulation to a challenge for cause. If one or more challenges for cause are accepted, and all six peremptory challenges are exercised, the Court may decide to proceed with six or seven jurors. D. 1. TRIAL EXHIBITS Exhibits must be placed in three-ring binders indexed by exhibit number with tabs or dividers on the right side. Counsel shall submit to the Court an original and copy of the binders. The spine portion of the binder shall indicate the volume number and contain an index of each exhibit included in the volume. 2. The Court requires that the following be submitted to the Courtroom Deputy Clerk (“CRD”) on the first day of trial: a. One (set of) binder(s) of original exhibits with the Court’s 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 exhibit tags, yellow tags for plaintiff and blue tags for defendant, stapled to the front of the exhibit on the upper right-hand corner with the case number, case name, and exhibit number placed on each tag. b. Two (sets of) binders with a copy of each exhibit tabbed with numbers as described above for use by the Court. (Exhibit tags are not necessary on these copies.) c. Three copies of the party’s (or joint) witness list in the order in which the witnesses may be called to testify. d. Three copies of the joint exhibit list in the form specified in Local Rule 16-5 (Civil), which shall also be sent in Word or WordPerfect format to the Chambers email box no later than noon on the Monday before trial. e. All of the exhibits (except those to be used for impeachment only), with official exhibit tags attached and bearing the same number shown on the exhibit list. Exhibit tags may be obtained from the receptionist in the Public Intake Section, located on the Main Street level of the courthouse at 312 North Spring Street, Room G-19. Digital exhibit tags are also now available on the Court's website under Court Forms > General Forms > Form G-14A (Plaintiff) and G-14B (Defendant). Digital exhibit tags may be used in place of the tags obtained from the Clerk's Office. Exhibits shall be numbered 1, 2, 3, etc., NOT 1.1, 1.2, etc. The defense exhibit numbers shall not duplicate plaintiff’s numbers. If a “blow-up” is an enlargement of an existing exhibit, it shall be designated with the number of the original exhibit followed by an “A.” These items (and the items listed in d and e below) shall be provided on the first day of trial. f. The binder of original exhibits with the Court’s exhibit tags, yellow tags for plaintiff and blue tags for defendant, stapled to the front of the exhibit at the upper right-hand corner with the case number, case name, and exhibit number placed on each tag. 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 g. A three-ring binder containing a copy of all exhibits that can be reproduced, and a copy of the witness list. Each exhibit shall be tabbed with the exhibit number for easy referral. h. A three-ring binder containing a copy of all exhibits for use by witnesses. 3. A copy of the exhibit list with all admitted exhibits will be given to the jury during deliberations. Counsel shall review and approve the exhibit list with the CRD before the list is given to the jury. 4. Where a significant number of exhibits will be admitted, the Court encourages counsel, preferably by agreement, to consider ways in which testimony about exhibits may be made intelligible to the jury while it is being presented. Counsel should consider such devices as overhead projectors, jury notebooks for admitted exhibits or enlargements of important exhibits. [The Court has an Elmo and other equipment available for use during trial.] Information concerning training on the use of electronic equipment is available. Details are posted on the Court’s website. To make reservations for training, call 213-894-3061. The Court does not permit exhibits to be “published” by passing them up and down the jury box. Exhibits may be displayed briefly using the screens in the courtroom, unless the process becomes too time-consuming. 5. All counsel are to meet not later than ten days before trial and to stipulate, so far as is possible, to foundation, to waiver of the best evidence rule, and to those exhibits that may be received into evidence at the start of the trial. The exhibits to be so received will be noted on the Court’s copy of the exhibit list. E. COURT REPORTER Any party requesting special court reporter services for any hearing (i.e., real time transmission, daily transcripts) shall notify the reporter at least two weeks before the hearing date. /// 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 F. 1. JURY TRIAL On the first day of trial, court will commence at 8:30 a.m. and conclude at approximately 4:30 p.m. with a one-hour lunch break. On the first day of trial, counsel must appear at 8:30 a.m. to discuss preliminary matters with the Court. After the first day of trial, trial days are Tuesday through Friday from 8:30 a.m. to approximately 2:30 p.m. with two twenty-minute breaks. 2. On the first day of trial, the jury panel will be called when the Court is satisfied that the matter is ready for trial. Jury selection usually takes only a few hours. Counsel should be prepared to proceed with opening statements and witness examination immediately after jury selection. 3. Counsel shall refer to jurors by number only, not by name. III. CONDUCT OF ATTORNEYS AND PARTIES A. OPENING STATEMENTS, EXAMINING WITNESSES, AND SUMMATION Counsel must use the lectern. Counsel must not consume time by writing out words, drawing charts 1. 2. or diagrams, etc. Counsel may prepare such materials in advance. B. 1. OBJECTIONS TO QUESTIONS Counsel must not use objections for the purpose of making a speech, recapitulating testimony, or attempting to guide the witness. 2. When objecting, counsel must rise to state the objection and state only that counsel objects and the legal ground of objection. If counsel wishes to argue an objection further, counsel must ask for permission to do so. C. 1. GENERAL DECORUM Counsel should not approach the CRD or the witness box without specific permission and must return to the lectern when the purpose for approaching has been accomplished. 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 2. Counsel should rise when addressing the Court, and when the Court or the jury enters or leaves the courtroom, unless directed otherwise. 3. Counsel should address all remarks to the Court. Counsel are not to address the CRD, the court reporter, persons in the audience, or opposing counsel. If counsel wish to speak with opposing counsel, counsel must ask permission to do so. Any request for the re-reading of questions or answers shall be addressed to the Court. Requests may not be granted. 4. Counsel should not address or refer to witnesses or parties by first names alone, with the exception of witnesses under 14 years old. 5. Counsel must not offer a stipulation unless counsel have conferred with opposing counsel and have verified that the stipulation will be acceptable. 6. While Court is in session, counsel must not leave counsel table to confer with any person in the back of the courtroom unless permission has been granted in advance. 7. Counsel shall not make facial expressions, nod, or shake their heads, comment, or otherwise exhibit in any way any agreement, disagreement, or other opinion or belief concerning the testimony of a witness. Counsel shall admonish their clients and witnesses not to engage in such conduct. 8. Counsel should not talk to jurors at all, and should not talk to co- counsel, opposing counsel, witnesses, or clients where the conversation can be overheard by jurors. Each counsel should admonish counsel’s own clients and witnesses to avoid such conduct. 9. 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. D. 1. PROMPTNESS OF COUNSEL AND WITNESSES Promptness is expected from counsel and witnesses. Once counsel are engaged in trial, this trial is counsel’s first priority. The Court will not delay the 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 trial or inconvenience jurors. 2. If a witness was on the stand at a recess or adjournment, counsel who called the witness shall ensure the witness is back on the stand and ready to proceed when trial resumes. 3. Counsel must notify the CRD in advance if any witness should be accommodated based on a disability or for other reasons. 4. No presenting party may be without witnesses. If a party’s remaining witnesses are not immediately available and there is more than a brief delay, the Court may deem that party to have rested. 5. The Court attempts to cooperate with professional witnesses and will, except in extraordinary circumstances, accommodate them by permitting them to be called out of sequence. Counsel must anticipate any such possibility and discuss it with opposing counsel. If there is an objection, counsel must confer with the Court in advance. E. 1. EXHIBITS Each counsel should keep counsel’s own list of exhibits and should note when each has been admitted into evidence. 2. Each counsel is responsible for any exhibits that counsel secures from the CRD and must return them before leaving the courtroom at the end of the session. 3. An exhibit not previously marked should, at the time of its first mention, be accompanied by a request that it be marked for identification. Counsel must show a new exhibit to opposing counsel before the court session in which it is mentioned. 4. Counsel are to advise the CRD of any agreements with respect to the proposed exhibits and as to those exhibits that may be received without further motion to admit. 5. When referring to an exhibit, counsel should refer to its exhibit 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 number. Witnesses should be asked to do the same. 6. Counsel must not ask witnesses to draw charts or diagrams nor ask the Court’s permission for a witness to do so. Any graphic aids must be fully prepared before the court session starts. F. 1. DEPOSITIONS All depositions to be used at trial, either as evidence or for impeachment, must be lodged with the CRD on the first day of trial or such earlier date as the Court may order. Counsel should verify with the CRD that the relevant deposition is in the CRD’s possession. 2. In using depositions of an adverse party for impeachment, either one of the following procedures may be adopted: a. If counsel wishes to read the questions and answers as alleged impeachment and ask the witness no further questions on that subject, counsel shall first state the page and line where the reading begins and the page and line where the reading ends, and allow time for any objection. Counsel may then read the portions of the deposition into the record. b. If counsel wishes to ask the witness further questions on the subject matter, the deposition shall be placed in front of the witness and the witness told to read the relevant pages and lines silently. Then counsel may either ask the witness further questions on the matter and thereafter read the quotations, or read the quotations and thereafter ask further questions. Counsel should have an extra copy of the deposition for this purpose. 3. Where a witness is absent and the witness’s testimony is offered by deposition, counsel may (a) have a reader occupy the witness chair and read the testimony of the witness while the examining lawyer asks the questions, or (b) have counsel read both the questions and answers. /// /// 15 G. USING NUMEROUS ANSWERS TO INTERROGATORIES AND REQUESTS FOR ADMISSIONS Whenever counsel expects to offer a group of answers to interrogatories or requests for admissions extracted from one or more lengthy documents, counsel should prepare a new document listing each question and answer and identifying the document from which it has been extracted. Copies of this new document should be given to the Court and opposing counsel. H. ADVANCE NOTICE OF UNUSUAL OR DIFFICULT ISSUES If any counsel have reason to anticipate that a difficult question of law or evidence will necessitate legal argument requiring research or briefing, counsel must give the Court advance notice. Counsel are directed to notify the CRD at the day’s adjournment if an unexpected legal issue arises that could not have been foreseen and addressed by a motion in limine. See Fed. R. Evid. 103. Counsel must also advise the CRD at the end of each trial day of any issues that must be addressed outside the presence of the jury, so that there is no interruption of the trial. THE COURT WILL NOT KEEP JURORS WAITING. N.B. “COUNSEL,” AS USED IN THIS ORDER, INCLUDES PARTIES APPEARING IN PROPRIA PERSONA. IT IS SO ORDERED. Dated: __________________________________ MICHAEL W. FITZGERALD 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 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 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Plaintiff(s), v. ______________________________ Defendant(s). CASE NO. CV -MWF( x) EXHIBIT LIST SAMPLE FORMAT EX. No. DESCRIPTION IDENTIFIED ADMITTED 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Plaintiff(s), v. ______________________________ Defendant(s). WITNESSES FOR PLAINTIFF CASE NO. CV -MWF( x) WITNESS LIST SAMPLE FORMAT DATES OF TESTIMONY (to be filled in during trial) WITNESSES FOR DEFENDANT 18

=== Order Setting Scheduling Conference.April 2026.pdf ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA , , v. Plaintiff(s), Defendant(s). ______________________________ CASE NO. ORDER SETTING SCHEDULING CONFERENCE Date: Time: Courtroom: 5A 11:00 a.m. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. 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 shall promptly do so and shall file proofs of service within three days thereafter. Defendants also shall timely 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(a)(1) to disclose information (without awaiting a discovery request), and 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 Fitzgerald’s drop box located outside of the Clerk's office on the fourth floor of the courthouse, 350 West First Street, by 12:00 p.m. on the first court day after the e-filing. The Court encourages counsel to agree to begin to conduct discovery actively before the Scheduling Conference. At the very least, the parties shall comply fully with the letter and spirit of 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 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 Local Rule 26: /// 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 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, percipient 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. g. h. i. j. 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. Motions: A statement of the likelihood of motions seeking to add other parties or claims, file amended pleadings, transfer venue, etc. Manual for Complex Litigation: Whether all or part of the procedures of the Manual for Complex Litigation should be utilized. Status of Discovery: A discussion of the present state of discovery, including a summary of completed discovery. 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. N.B. This means the final day for completion of discovery, including 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 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 parties' expense). If the parties jointly desire a settlement conference with the assigned magistrate judge, they should so indicate in their report and the matter will be discussed at the scheduling conference. 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. If the time estimate for trial given in the Joint Rule 26(f) Report exceeds four court days, counsel shall be prepared to discuss in detail the estimate. p. q. Trial Counsel: The name(s) of the attorney(s) who will try the case. Independent Expert or Master: Whether this is a case where the Court should consider appointing a master pursuant to Rule 53 or an 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 independent scientific expert. (The appointment of a master may be especially appropriate if there are likely to be substantial discovery disputes, numerous claims to be construed in connection with a summary judgment motion, a lengthy Daubert hearing, a resolution of a difficult computation of damages, etc.). 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. The entries in the “Weeks Before Trial” column reflect what the Court believes are appropriate for most cases and will allow the Court to rule on potentially dispositive motions sufficiently in advance of the pretrial conference. The form is designed to enable counsel to ask the Court to set different (earlier) last dates by which the key requirements must be completed. Each side should write in the month, day, and year it requests for each event. E.g., for the expert discovery cut-off it might be “10/15/12” for plaintiff and “10/29/12” for defendant, if they cannot agree. At the conference, the Court will review this form with counsel. Each entry proposing Court dates shall fall on a Wednesday, 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- 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 must be heard, not filed. The Court is not likely to continue this date and will not do so unless the trial date also is continued. /// 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 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 5A, 350 West First Street. Counsel shall comply with the following: a. Participation: Although the Court would prefer lead trial attorney's attendance at the scheduling conference, it is not required. However, if lead trial counsel does not attend, any attorney appearing on his or her behalf must be prepared to discuss the case and authorized to address scheduling with the Court and opposing counsel. Continuance: A continuance of the scheduling conference will be granted only for good cause. Notice to be Provided by Counsel b. 3. 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. Disclosures to Clients Counsel are ordered to deliver to their respective clients a copy of this Order and of the Court’s trial order, which will contain the schedule that the Court sets at the scheduling conference. /// 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 5. 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 “Judges' Procedures and Schedules.” Copies of the Local Rules are available on the website.1 The Court thanks the parties and their counsel for their anticipated cooperation in complying with these requirements. IT IS SO ORDERED. Dated: May 7, 2026 __________________________________ MICHAEL W. FITZGERALD United States District Judge 1 They may also be purchased from one of the following: Los Angeles Daily Journal West Publishing Company Metropolitan News 50 West Kellogg Blvd. 915 East First Street St. Paul, MN 55164-9979 Los Angeles, CA 90012 210 South Spring Street Los Angeles, CA 90012 7 JUDGE MICHAEL W. FITZGERALD SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET Case No. Case Name Matter Plaintiff(s)’ Date mo / day / year Defendant(s)’ Date mo / day / year Court Order [ ] Jury Trial or [ ] Court Trial (Tuesday at 8:30 a.m.) Duration Estimate: ________ Days Final Pretrial Conference [LR 16] and Hearing on Motions In Limine (Wednesday at 11:00 a.m. -- 20 days before trial date) Motions In Limine must be filed three (3) weeks before this date; oppositions are due two (2) weeks before this date; no reply briefs. Event Weeks Before Trial Plaintiff(s)’ Date mo / day / year Defendant(s)’ Date mo / day / year Court Order Last Date to Hear Motion to Amend Pleadings / Add Parties (Wednesday) Non-Expert Discovery Cut-Off (at least 4 weeks before last date to hear motions) Expert Disclosure (Initial) Expert Disclosure (Rebuttal) Expert Discovery Cut-Off Last Date to Hear Motions (Wednesday, 10:00 a.m.) Last Date to Conduct Settlement Conference For Jury Trial ‚ File Memorandum of Contentions of Fact and Law, LR 16-4 ‚ File Exhibit and Witness Lists, LR 16-5.6 ‚ File Status Report Regarding Settlement ‚ File Motions In Limine For Jury Trial ‚ Lodge Pretrial Conference Order, LR 16-7 ‚ File Agreed Set of Jury Instructions and Verdict Forms ‚ File Statement Regarding Disputed Instructions, Verdicts, etc. ‚ File Oppositions to Motions In LImine For Court Trial ‚ Lodge Findings of Fact and Conclusions of Law, LR 52, and Summaries of Direct Testimony 18 14 * 14 12 6 5 3 * The parties may choose to cut off expert discovery prior to MSJ briefing. G Attorney Settlement Officer Panel G Private Mediation G Magistrate Judge (with Court approval) ADR [LR 16-15] Selection: EXHIBIT A

=== Self-Representation Order.January 2021 ===

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. Plaintiff(s), SELF-REPRESENTATION ORDER Defendant(s). , , v. One or more of the parties to this action has elected to appear pro se. Persons appearing before the Court are not required to retain the services of a lawyer or 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 association); 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 -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 28 696, 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 pro se has significant risks, and this Court wishes to make some of those risks known at the outset of this proceeding:  Generally speaking, non-attorney litigants are less like 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. As such, 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 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 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 with the assistance of counsel. Some attorneys will represent clients on a contingency -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 fee basis, where the fees associated with representation are subtracted from a judgment in favor of the client.1 However, should you wish to continue without counsel – fully understanding the risks – you are hereby ordered to carefully review the remainder of this Order, as it contains instructions for proceeding in this Court which must be followed. 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 Procedures and Schedules, Order Setting Scheduling Conference, and Order Re Jury Trial and Order Re Court Trial, as well as federal and state case law applicable to this action – is intended 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 Local Rule 83-2.11, parties shall refrain from writing letters to the judge, making telephone calls to chambers, or otherwise communicating with the judge unless opposing counsel is present. You may contact the Courtroom Deputy, Rita Sanchez, at [email protected] or (213) 894-1527, with appropriate inquiries. The Courtroom Deputy is not an attorney and will not provide you with any legal advice. The Courtroom Deputy cannot waive any of the requirements of this, or any other, Order. Should you wish to bring any matter to the attention of the Court, you must do so in writing, and file and serve it on the opposing party. 1 The Los Angeles County Bar Association Lawyer Referral and 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. 2 The Local Rules for the United States District Court for the Central District of California are available on the District Court’s website: www.cacd.uscourts.gov. -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 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. Local Rule 8-1. This is extremely important. Unlike state courts, federal courts are not courts of general jurisdiction, and 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, 89 L. Ed. 2d 501 (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, 46 S. Ct. 338, 339, 70 L. Ed. 682 (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. Section 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. Section 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 and Erection Co. v. Kroger, 437 U.S. 365, 373, 98 S. Ct. 2396, 2402, 57 L. Ed. 2d 274 (1978). Residence and -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 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, 104 L. Ed. 2d 893 (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. Section 1332(c)(1); see also New Alaska Dev. Corp. v. Guetschow, 869 F.2d 1298, 1300-01 (9th Cir. 1989). 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. Section 1332(a). Finally, you should understand that it is insufficient for a party to merely claim that jurisdiction exists. Sufficient facts must be alleged to allow the Court to assess 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 Fed.R.Civ.P. 4(e); corporations and associations must be served in conformity with Fed.R.Civ.P. 4(h); the United States and its agencies must be served pursuant to Fed.R.Civ.P. 4(i); and state and local governmental units require service under Fed.R.Civ.P. 4(j). Time limits for service of the complaint are set forth in Fed.R.Civ.P. 4(m). It is important to promptly and properly serve the opposing party, especially with the -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 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 evidence relating to the case from one another. 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, you must cooperate and provide the information sought on “any matter, not 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 admission, 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 prior to the Scheduling Conference. Motions: Motions are requests to the Court to make a specified ruling or order. The opposing party may file a motion to dismiss your action, pursuant to Fed.R.Civ.P. 12, or a motion for summary judgment pursuant to Fed.R.Civ.P. 56. If the opposing party files and served 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 Local Rule 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 he 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 Local Rule 7-9, your opposition is due not later than twenty-one (21) days before the date designated for hearing of the -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 motion. If you need additional time to oppose the motion, you must file and serve an ex parte application requesting an extension of time prior to the date on which your opposition is due, and 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). Motion to Dismiss: A Fed.R.Civ.P. 12(b)(6) motion to dismiss 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 to relief. See Conley v. Gibson, 355 U.S. 41, 45-46, 78 S. Ct. 99, 102, 2 L. Ed. 2d 80 (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, conclusory, and fails to set forth any material facts in support of the allegations. See North Start 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 Fed.R.Civ.P. 56, 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). Failure to do so may result in the -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 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, set forth facts that are admissible as evidence, and show affirmatively that the affiant is competent to testify to the matters stated therein. Should you fail to contradict the moving party with counter-affidavits, declarations or other evidence, 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 effectively address a summary judgment motion, you should be aware of, and familiar with, the following United States Supreme Court cases on summary judgment: Celotex v. Catrett, 477 U.S. 317, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S. Ct. 1348, 89 L. Ed. 2d 538 (1986). PRO SE CLINIC: The Court may not provide advice to any party, including persons who are not represented by a lawyer. (Such persons are known as “pro se litigants.”) However, this District does have a “Pro Se Clinic” that can provide information and assistance about many aspects of civil litigation in this Court. Public Counsel’s Federal Pro Se Clinic provides free legal assistance to people representing themselves in the United States District Court for the Central District of California. The Pro Se Clinic is located at the Roybal Federal Building and Courthouse, 255 East Temple Street, Los Angeles, California 90012. The Los Angeles Clinic operates by appointment only. You may schedule an appointment either by calling the Clinic or by using an internet portal. You can call the clinic at (213) 385-2977, ext. 270, or you can submit an internet request at the following site: http://prose.cacd.uscourts.gov/los-angeles. Clinic staff can respond to many questions with a telephonic appointment or through your email account. It may be more convenient to email your questions or -8- schedule a telephonic appointment. Staff can also schedule you for an in-person appointment at their location in the Roybal Federal Building and Courthouse. During the COVID-19 pandemic, the Pro Se Clinic is closed. the Court has information of importance to pro se litigants at the “People Without Lawyers” link, http://prose.cacd.uscourts.gov/. The Clerk’s Office has created the Electronic Document Submission System (EDSS) which will allow pro se litigants to submit documents for filing through an online portal, in lieu of submission by U.S. mail or in-person at Civil Intake. EDSS is a document delivery system; documents submitted through EDSS are not automatically uploaded on CM/ECF. Pro se litigants may submit documents in PDF format for review and filing by the Clerk’s Office. For more information and to access EDSS, go to https://apps.cacd.uscourts.gov/edss. Pro se litigants may also apply to the Court for permission to electronically file. Form CV-005 is available at http://www.cacd.uscourts.gov/court-procedures/forms. The Court’s website home page is http://www.cacd.uscourts.gov. IT IS SO ORDERED: Dated: January 19, 2021 _____________________________________ MICHAEL W. FITZGERALD 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-