Final Pretrial Order; GW UNDER SEAL CRIMINAL PILOT PROJECT REQUIREMENTS; Order Regarding Discovery on Criminal Cases; Standing Order Re Summary Judgment Motions

=== Final Pretrial Order ===

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 No. CV 16--GW(CTx) Standing Order Re Final Pre-Trial Conferences for Civil Jury Trials Before Judge George H. Wu Plaintiff(s), v. Defendant(s). 1. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth “Local Rules”) 16-1 through 16-15 regarding pre-trial requirements. 2. At least twenty-one (21) days prior to the Final Pre-Trial Conference (henceforth “FPTC”), counsel for each party and pro per litigants1 must have prepared and exchanged with each other all of the following: 1 While the Court does not expect pro per litigants to have any legal training or experience, most of the requirements in this Order either do not require legal knowledge per se or are matters which the pro per litigant will have to address anyway at the trial (e.g., knowing what witnesses and exhibits he or she will be presenting, selecting the jury instructions that he or she will be asking the Court to read to the jury, etc.). This Court believes that it would be as helpful for pro per litigants, as it is for attorneys, to address those matters prior to trial in order for all of the trial participants to be better prepared and the trial to proceed more smoothly. Therefore, contrary to Local Rule 16-12(c), this Court will require pro per litigants, to the extent they are able, to participate in meeting the pre-trial conference obligations for civil jury trials delineated in this Order. 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) b) c) a list of pre-marked exhibits which that party intends to use at trial,2 copies of the exhibits which are on the list (except that exhibits previously provided during discovery and Bates-stamped need not be produced again), a list of witnesses which that litigant intends to call at trial, d) marked deposition transcripts as required by paragraph 7, below, e) f ) g) an initial version of the short statement of the case to be read to the jury panel, proposed jury instructions, and any verdict forms that a party wishes to utilize. 3. At least ten (10) days before the FPTC, all counsel and pro se litigants will meet and confer in person so that at least five (5) days before the FPTC, the parties will have filed and provided to the Court “joint” versions of the following: a) b) c) d) e) f ) joint statement of the case, joint exhibit list (with any concomitant objections), joint witness list, joint proposed jury instructions, joint special verdict forms (if any), and stipulation(s) of facts as per Local Rule 16-2.2. By “joint”, the Court means that the materials will be contained in a single document signed by all counsel and pro per litigants. In the preparation of said document, no party shall have the right to veto (i.e., exclude from the document) material proffered by any other party. However, areas of dispute or other differences shall be noted. For example, as to the joint statement of the case, the sections which are agreed upon by all parties would be in regular type while the portions submitted by one litigant and contested by one or more of the others would be denoted by different fonts, italicized, underlined, or in bold. Further, where there are disagreements, the bases for each dispute will be noted in a brief footnote to the relevant section of the joint submission in question. 2 Rebuttal exhibits need not be placed on the list. However, actual rebuttal exhibits are (like hen’s teeth) extremely rare. If the court determines that an undisclosed exhibit is not in fact a rebuttal exhibit, said item will be excluded from the trial. 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 4. As to the joint exhibit list, the parties are to employ the following format:3 Exhibit Party Number Offering Description If objection(s), briefly state the ground(s) Response to objection(s) If all the parties stipulate to the admissibility of an exhibit or if there are no objections to it on the exhibit list, it may be used by either side at any point in the trial after jury selection including the opening statements and closing arguments. Any and all objections to an exhibit must be included in the joint exhibit list. Any objections not so included will be deemed by this Court to have been waived. Do not submit blanket or boilerplate objections as they will be disregarded and overruled. In numbering and marking the exhibits, the parties are to follow Local Rules 16-6 and 26-3. 5. As to each witness on the joint witness list, the parties shall state the name of the witness, the party(s) calling the witness, and provide an estimate of the amounts of time for the witness’s direct and cross-examinations. If there is an objection to the witness’s being called at trial, the opposing party must file a motion in limine to resolve the dispute in advance of trial or the objection will be deemed to have been waived, unless the Court finds that the basis for the objection arose after the FPTC. 6. The proposed jury instructions are to be placed in the order in which they are to be read to the jury and printed in booklet form (i.e., fitting multiple instructions sequentially on each page). Normally, there should be: 1) a “Preliminary Instructions” section with items such as Ninth Circuit Manual of Model Jury Instructions - Civil (henceforth “9th Cir. Jury Instructions”) Nos. 1.1C, 3 can utilize as low as 9 point font, if they so desire. In order to fit all of the necessary information into the limited spaces on the form, for this document the parties 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 1.6, 1.7, 1.9 through 1.11, etc.4; 2) a “Cause(s) of Action/Affirmative Defense(s)” section which delineates the elements of each claim and defense; 3) a “Damages” section which describes the types of damages (e.g., economic, non-economic, future, punitive, etc.), and 4) a “Closing Instructions” section with items such as 9th Cir. Jury Instructions Nos. 3.1 through 3.4. This Court has a preference for established/published jury instructions (such as the 9th Cir. Jury Instructions) over those specially prepared by counsel in the instant case because the former have usually survived some appellate review. As to the established form jury instructions, where the claim arises under federal law, counsel should initially refer to the applicable provisions in the 9th Cir. Jury Instructions. Where the claim is based on California law, either the Judicial Council of California Civil Jury Instructions (henceforth (“CACI”) or California Jury Instructions - Civil (henceforth “BAJI”) may be used. The Court has no objection to the parties’ selection of various items from the different publications (i.e., mixing and matching) so long as each instruction is identified by its source and there are no overlaps or discrepancies. Where there is no applicable form instruction on a particular matter and counsel are drafting specific language, they are to include reference to the statutory, regulatory or case law which supports that language. The most recent version of any form instruction is to be utilized. Any blanks or spaces are to be filled in by the parties. Modifications of established jury instructions from the various sources must specifically indicate the change(s) made to the original form instruction and cite to the authority supporting the modification(s). In addition to the joint proposed jury instruction booklet, the parties are to provide the court with a table listing each proposed instruction and the following information (at the time of the FPTC, only the first two columns need to be filled out): 4 The Court will usually give the jury an initial set of instructions (henceforth “Initial Set”), after the voir dire is completed and the actual panel is sworn in, just before opening statements of counsel. In addition to the standard instructions (such as 9th Cir. Jury Instruction Nos. 1.1A, 1.2, etc.), the parties may request that the Court include in the Initial Set those instructions which state the essential elements of the cause(s) of action or affirmative defenses on which the respective parties bear the burden of proof. 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 Jury Instruction Number and Source/Identification/Description Party(s) Offering Rejected Given Given as Modified Date Each juror will receive a written copy of the jury instructions at the close of the evidentiary phase of the trial. The jury will be instructed prior to closing arguments. Before giving the instructions and/or verdict forms to the jury, the Court will meet with counsel and pro per litigants near the close of trial to finalize the versions of those documents. 7. Where a party seeks to present a witness’s testimony at trial by way of a deposition, at least twenty-one (21) days prior to the FPTC, that party will provide the opposing side with a copy of the witness’s deposition transcript with the parts it seeks to proffer marked in blue. Seven (7) days later, the opposing side will return the transcript indicating in red any objections it has to the parts selected by the originating party and also designating any portions which the opposing side wishes to have read to the jury. At least ten (10) days before the FPTC, the parties will meet and confer to resolve any differences regarding the deposition testimony. Should there be any disputes which the parties cannot resolve, at least five (5) days before the FPTC, the parties will lodge with the court: 1) a marked copy of the deposition transcript indicating the portions agreed upon and the parts in dispute, and 2) a joint filing delineating the parties’ respective positions on the disputed parts. The Court will resolve those disputes at the FPTC. At the trial, the marked deposition will be read to the jury by counsel unless some other method is agreed upon. If the deposition was taken by way of video, the edited videotape can be played to the jury. 8. The parties are requested to reach as many stipulations of fact as they can before trial in order to reduce trial time, simplify the proceedings, and make the process more intelligible 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 to the jurors. Such stipulations can be read to the jury or handed out in written form at the start of the trial if requested by the parties. 9. All motions in limine are to be filed and personally served no later than twenty-one (21) days before the FPTC. Any oppositions to said motions are to be filed and personally served ten (10) days before the FPTC. Any replies are to be filed and personally served four (4) days before the FPTC and courtesy copies are to be delivered to Court chambers. Motions in limine would include making requests: 1) to exclude an item of evidence or a witness from the trial, 2) to bifurcate issues, 3) for the court to take judicial notice, or 4) for any unusual procedure during the trial such as having the jury visit a particular location or conducting an experiment in court, etc.5 However, do not waste the Court’s and your opponent’s time by making general boilerplate motions in limine such as a “Motion to Exclude at Trial All Evidence Not Previously Produced During Discovery”.6 Remember, motions in limine are covered by the meet and confer requirements of Local Rule 7-3. 10. On the first day of trial, parties will jointly present sets of binders containing all of the pre-marked documentary and photographic exhibits for: 1) the court, 2) the court clerk (who receives the originals), and 3) the witness box. Each exhibit shall be separated by a tabbed divider indicating the exhibit number on the right hand side. If the trial revolves around a limited set of key documents/exhibits and if the parties have stipulated to the admissibility of those items, the parties can request the jurors be provided with their own exhibit binders at the start of the trial. 5 Motions in limine are not meant to serve as a vehicle for resolving discovery disputes which should have already been decided before the close of discovery or for attempting to re-litigate prior judicial decisions. Further, motions in limine are not a substitute for a timely made motion for summary judgment or adjudication. 6 Any motion to exclude evidence not produced during discovery would have to specify the particular exhibit(s) or witness(es) to be excluded, the exact discovery requests which required their revelation, and the opposing party’s purported deficient response. 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 Also, if any party potentially intends to use deposition testimony to impeach a witness (or for any other purpose), a copy of the deposition transcript is to be lodged with the court clerk on the first day of trial. 11. Courtroom 9D presently has available a Wolfvision Visualizer Z-9.4F (an “ELMO” like device with laptop computer connections), a 40-inch flat screen monitor for the gallery, and concomitant desk top monitors at the judge’s bench, the witness stand, the jury box, and attorney tables. If a party elects to utilize the court’s equipment, counsel are advised to learn how to operate the equipment before trial begins. If counsel are bringing their own audio/visual apparatus (or have any other logistical issue, e.g., a large number of boxes or exhibits), they must make arrangements with the court clerk at least three (3) business days in advance of trial. If interpreters are required for any witness, the party calling that witness bears the burden of supplying an interpreter. 12. At the FPTC, an inquiry will also be made as to any scheduling problems and an attempt will be made to accommodate parties, attorneys and witnesses at trial.7 However, the failure to raise such a scheduling issue at the FPTC will normally mean that the problem will not be later considered by the Court. During the trial, each party must advise its opponent(s) at least 24 hours in advance of the witnesses which it plans to call for the next day. Likewise, any chart or other item of demonstrative evidence (which is otherwise not a pre-marked exhibit) must be shown to the opponent(s) at least 48 hours before its intended use so that a hearing can conveniently be heard outside the presence of the jury, if necessary. 7 Because trials are set with lengthy advance notice, it is expected that the parties, counsel and witnesses will have cleared their calendars for purposes of the trial. Nevertheless, it is understood that certain situations (e.g. a non- party doctor witness who is not a retained expert) may arise where accommodations will be necessary. At the FPTC, the parties should be knowledgeable as to their witnesses’ schedules. Upon a proper showing, the Court will allow witnesses to be taken out of order. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties are expected to have their witnesses stacked such that there will be no delay between the time one witness is excused and the next one is called. Should there be any instance where a party is unable to call a witness for more than thirty (30) minutes, the Court will deem that side to have rested. 13. At the FPTC, the Court will discuss with the parties which of the causes of action and affirmative defenses will, in fact, need to be tried to the jury. At that time, the Court will review the time estimate for the trial and, if necessary, set a specified time table for each party to present its claims/defenses (including the imposition of time limits on opening statements and closing arguments). Since the Court’s allotment of time to try the case will inevitably be less than the parties’ estimate, the Court will allocate the time generally giving the plaintiff’s side 55% to 60% and the defendant’s side 45% to 40%.8 The Court will keep track of the time taken by each side. 14. Voir dire examinations will primarily be conducted by the Court. See Federal Rules of Civil Procedure (“FRCP”) 47(a). Each side will be allowed a brief period to ask follow-up questions. Parties are to submit at the FPTC any questions that they want the Court to ask the jurors. Prior to the voir dire, the Court will indicate if any of the proposed questions are objectionable or if the Court will decline to ask particular question(s) but will allow the counsel to ask it/them during their allotted time. If the case is complex or raises “delicate issues” and if the parties stipulate in advance, they can submit a proposed written jury questionnaire form at the FPTC. 15. It is this Court’s normal practice to allow jurors to ask questions of witnesses during the trial using the procedure set forth in 9th Cir. Jury Instruction No. 1.15. If any party objects to such juror questioning, it should raise that issue at the FPTC. 8 Because plaintiffs have the initial burden of proof and they also have to establish the factual background for the disputes, the Court normally will give them a little more than half the trial time to present their case. The Court will deviate from that normal course in such situations as where the defendants’ counterclaims predominate or where there is only one plaintiff and a multitude of defendants. 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 16. Other Trial Matters a) No speaking objections. If an attorney wishes to make an objection, say the word “objection” and the word or phrase that delineates its basis (e.g. “hearsay,” “lack of foundation,” etc.). The challenged attorney is not to give a response unless specifically asked to do so by the Court. b) Court hours. Judge Wu hears motions on Mondays and Thursdays and therefore the starting time for those days will vary depending upon the number and nature of the matters on his morning calendar. Normal trial hours are from 8:30 a.m. to 12:00 p.m. and 1:15 p.m. to 5:00 p.m. There will be one morning and one afternoon break of about 10 to 15 minutes. c) Punctuality. The first time a party’s counsel is late, the Court will verbally admonish. The second time, the Court will have brought the jury into the courtroom and counsel can explain their whereabouts/tardiness directly to the jury. The third time, the court will sanction monetarily. d) Use of podium. Counsel are expected to use the podium when questioning witnesses and may not approach the jury or witness boxes unless counsel has asked and obtained permission from the Court beforehand. e) Moving exhibits. Counsel should move an exhibit into the record at the time the exhibit is initially shown to a witness (unless the exhibit list indicates that no party has objected to its admissibility). The Court will not allow parties to recall witnesses to remedy defects in the initial testimony as to the admissibility of exhibits. f ) Advising parties and witnesses. Counsel and pro per litigants are ordered to advise their parties and witnesses that, during the trial, they are not to have any contact either directly or indirectly with any juror. Should counsel fail to so advise those persons and one of them attempts to interface with a juror, the Court will hold the attorney in violation of this order. Counsel are also instructed to advise their witnesses of any of this Court’s applicable evidentiary rulings, so that witnesses do not blurt out previously excluded evidence in front of the jury. Counsel will also admonish their clients, witnesses and related persons that they are not to respond to particular testimony or to any ruling of this Court with observable facial expressions, 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 body movements (such as head nodding or shaking) or commentary indicating their agreement or non-agreement. g) Multiple counsel. If a party has more than one trial counsel, the Court will start/resume the trial once any one of the attorneys is present. Also, only one attorney may question or cross-examine a witness, and/or make objections to questions or answers of a particular witness. “Double teaming” will not be allowed. 17. The Court will re-address the topic of settlement at the FPTC. IT IS SO ORDERED. DATED: November 9, 2016 GEORGE H. WU United States District Judge 10

=== GW UNDER SEAL CRIMINAL PILOT PROJECT REQUIREMENTS ===

PILOT PROGRAM -INSTRUCTIONS TO ATTORNEYS PROCEDURES FOR FILING UNDER SEAL DOCUMENTS FOR REQUESTS TO SEAL DOCUMENTS ONLY, NOT THE APPLICATION AND ORDER: 1. 2. 3. 4. Electronically file the application to seal and the declaration giving notice or proof of service. Attach a proposed order to the electronically filed application (standard procedure for filing application with a proposed order). Indicate which of the three following actions will be taken if the application is denied: (1) Counsel will publically file the document(s) for consideration by the Court; (2) Attorney will retrieve the chambers copy of the document(s); or (3) Clerk will destroy the chambers copy of the document(s). After electronically filing the application and proof of service, send an e-mail to [email protected] with an attachment containing (1) an Adobe PDF version of the application to seal and declaration giving notice or a proof of service; (2) a Word or WP version of the proposed order (including the proposed action to be taken if the application is denied (see 3., above ; and (3) an Adobe PDF of the document(s) to be filed under seal with a caption page clearly marked "UNDER SEAL." The subject line of the e-mail should have the case number, plus the words "UNDER SEAL REQUEST". FOR REQUESTS TO SEAL THE APPLICATION, ORDER AND DOCUMENT(S): 1. 2. Electronically file a NOTICE OF MANUAL FILING indicating that the following have been submitted to the Court: (1) an application to seal; (2) a declaration giving notice or a proof of service; (3) a proposed order; and (4) the documents to be placed under seal. Send an email to the chambers email at [email protected] with an attachment containing (1) an Adobe PDF version of the application to seal and declaration giving notice or a proof of service; (2) a Word or WP version of the proposed order (including the proposed action to be taken if the application is denied); and (3) an Adobe PDF of the document(s) to be filed under seal with a caption page, clearly marked "UNDER SEAL." The subject line of the e- mail should have the case number, plus the words "UNDER SEAL REQUEST". Please note: The title of the pleading will be placed on the public docket entry. For example: "Declaration of John Doe, Exhibit A." If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable. OTHER IMPORTANT INFORMATION REGARDING APPLICATIONS TO FILE UNDER SEAL: 1. 2. 3. All applications must provide reason(s) as to why the parties’ interest to file the document(s) under seal outweighs the public’s right to access. All applications must indicate which portions of the documents to be filed under seal are confidential. If a party submits an application to file under seal pursuant to a protective order only (i.e., no other reason is given), the application will be denied unless the Court receives within 48 hours from the notice of filing a document providing (1) the reasons the document should be filed under seal; and (2) the portions within the document that are confidential. This document shall be entitled: “ADDENDUM TO APPLICATION TO FILE UNDER SEAL PURSUANT TO PROTECTIVE ORDER”.

=== Order Regarding Discovery on Criminal Cases ===

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]. No. CR ____________-GW ORDER FOR DISCOVERY AND INSPECTION IN CRIMINAL CASES BEFORE JUDGE GEORGE H. WU In order to obviate unnecessary motions for discovery in criminal actions, proceedings, or cases assigned to the undersigned court for trial, IT IS ORDERED: 1. Within seven (7) days of the initial arraignment before the Magistrate Judge, the Assistant United States Attorney assigned to the trial of the case and the defendant’s attorney shall meet and confer on the issue of discovery in this case including, but not limited, the items referenced in Federal Rules of Criminal Procedure 12, 12.1, 12.2, 12.3, 15 and 16. Further, upon request of the attorney for the defendant, the Government shall: (a) Permit defendant’s attorney to inspect and copy or photograph any relevant written or recorded statements or confessions made by the defendant, or copies thereof, within the possession, custody, or control of the Government, the existence of which is known, or may become known, to the attorney for the Government; (b) Permit defendant’s attorney to inspect and copy or photograph any relevant results or reports of physical or mental examinations, and of specific tests or experiments made in connection with the case, or copies thereof, within the possession, custody, or control of the Government, the existence of which is known, or may become known, to the attorney for the Government, and which are material to the defendant’s case; (c) Permit defendant’s attorney to inspect and copy or photograph any relevant recorded testimony of the defendant before a grand jury; (d) Permit defendant’s attorney to inspect and copy or photograph books, papers, documents, tangible objects, buildings, or places which are the property of the defendant and which are within the possession, custody, or control of the Government; (e) Make known to the defendant’s attorney the defendant’s prior criminal record in the possession of the attorney for the Government; (f) Permit defendant’s attorney to inspect, copy, or photograph any evidence favorable to the defendant; (g) Advise defendant’s attorney of the existence or non-existence of any evidence in the possession of the Government obtained as the result of any electronic surveillance or wiretap; (h) Advise defendant’s attorney of the contemplated use of informer testimony (fact of informer only, not name or testimony); (i) Disclose to defendant’s attorney its intent to use any statements or confessions made by the defendant. If defendant questions the admissibility of such statement or confession, the hearing required by Jackson v. Denno, 378 U.S. 368 (1964), shall be scheduled at the first status conference with the court; and (j) Give to defendant’s counsel a copy of the statements of all witnesses the government intends to call in its case in chief. 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 2. If, in the judgment of the United States Attorney, it would not be in the interests of justice to make any one or more disclosures set forth in paragraph (1) and requested by defendant’s counsel, disclosure may be specifically declined, and this matter shall be addressed at the first status conference with the court which will normally be set ten days after the initial arraignment. 3. At the meet and confer, counsel for the defendant shall notify the attorney for the Government whether the defendant intends to raise an alibi defense under Rule 12.1, insanity under Rule 12.2, or a public authority defense under Rule 12.3. Counsel shall also discuss any motion(s) which they are then contemplating and confer in a good faith effort to eliminate the necessity for a hearing on said motion(s). 4. Upon completion of the meet and confer referenced in paragraph 1 above, no later than the Friday before the status conference, the parties shall file (with a courtesy copy to delivered to the Court’s mailbox outside the Clerk’s Office on the 4th floor of the 1st Street Courthouse) a joint statement that includes the following information: (a) (b) (c) That the prescribed meet and confer was held; The date of said conference; The names of the Assistant United States Attorney and the defense counsel with whom the conference was held; (d) (e) The time estimate, in days, that the criminal trial is expected to take; The contested matters of discovery and inspection, if any, plus any additional discovery or inspection desired by either party; (f) (g) Any contemplated motions in the lawsuit; and The fact of disclosure of all material favorable to the defendant or the absence thereof within the meaning of Brady v. Maryland, 373 U.S. 83 (1963) and related cases. 5. 6. Any duty of disclosure and discovery set forth herein is a continuing one. This order is not intended to preclude discovery by the defendant or the Government pursuant to Rule 16(b). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 7. It shall be the joint duty of counsel for the defendant and the United States Attorney to schedule and hold the meet and confer contemplated herein. The United States Attorney shall assure time and availability for such conference within the deadlines herein provided unless the discovery conference is waived in writing by defendant and his/her/its counsel, and such waiver is filed with the court. 8. Counsel for defendant shall have (1) reviewed all disclosures made and discovery received, and (2) had sufficient discussion with his/her client and the United States Attorney by the time of the first status conference with the court to enable counsel to meaningfully discuss with the court at said conference the likelihood of trial/disposition of this case. 9. The government shall be represented at all status conferences with the court by the Assistant United States Attorney who is assigned to the trial of the case, and who is most knowledgeable about the aforesaid matters, as well as any other matters scheduled for discussion with the court at the status conferences. DATED: This _____ day of _____________, 201_. GEORGE H. WU 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 4

=== Standing Order Re Summary Judgment Motions ===

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 No. CV Standing Order Re Summary Judgment Motions _____________________, Plaintiff(s), v. _____________________, Defendant(s). 1. You are instructed to read and to follow the requirements in Fed. R. Civ. P. 56 and Central District of California Local Rules 56-1 through 56-3. 2. A moving party who files a reply/response to an opposition to a motion for summary judgment (where the opposing party has filed a “Statement of Genuine Disputes”) shall file a “Response to Statement of Genuine Disputes” using the format delineated below. Said Response will include each initially designated uncontroverted fact (and supporting evidence), and, if the opposing party has raised a dispute to the moving party’s fact, the moving party’s response (and any supporting evidence) to rebut the opposing party’s contentions. For example: Moving Party’s Uncontroverted Facts and Supporting Evidence Opposing Party’s Response to Cited Fact and Supporting Evidence 1. The accident occurred on June 1, 2013, at 1:30 p.m. 1. Undisputed Evidence: Deposition of Defendant at page 5; Declaration of Witness A at ¶ 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 2. The signal light was green in Defendant’s direction when she entered into the intersection and immediately before Plaintiff’s vehicle “ran” the red light and struck Defendant’s truck. Evidence: 6/3/13 Deposition of Defendant at page 6. 2. Disputed. Immediately before the accident, the light was green in Plaintiff’s direction and Defendant ran the red light. Evidence: 6/8/13 Deposition of Plaintiff at page 10. 2. Moving Party’s Response On Page 10 of his deposition, Plaintiff merely states that he “believes” the light was green when he drove into the intersection. Also, on page 12, he admits that he had consumed ten bottles of beer within one hour before the accident. Further, in the police report prepared at the scene by Officer Green within one half hour of the accident, Plaintiff admitted that he couldn’t recall if the light was green when he entered into the intersection. See page 3 of Police Report No. A473501, attached as exhibit 101 to Defendant’s 6/3/13 Deposition. 3. Any evidentiary objections to materials filed in connection with summary judgment motions (for which a party desires the Court to specifically make a ruling) shall be delineated in a separate document (or documents) entitled "Request for Evidentiary Ruling on Specified Objections." Each objection shall: (1) cite to the evidentiary item and state its precise location by document name and Docket Number plus the page and line(s) where it appears, and (2) concisely articulate the bases for the objection(s). Objections will only be raised as to evidence (not to factual statements or factual characterizations in the opposing party's brief(s . The Court will disregard any evidentiary objection(s) that do not comply with this instruction. IT IS SO ORDERED. DATED: GEORGE H. WU United States District Judge 2