General Civil Case Information; Electronic Evidence Presentation in Court; Discovery Dispute Procedures; General Pre-Trial and Trial Procedure Information & Deadlines; Jury Selection Procedures; Courtroom Conduct and Decorum; Application for Search Warrant through Electronic Means; Search Warrant th

=== General Civil Case Information ===

MAGISTRATE JUDGE STANLEY A. BOONE (SAB) United States District Court - Eastern District of California 2500 Tulare Street, Courtroom 9, 6th Floor Fresno, California 93721 Office: (559) 499-5672 Courtroom Deputy Clerk: Jan Nguyen Email: [email protected] 1. Consent: Due to the pressing workload of the two district judges and the priority of criminal cases under the U.S. Constitution, the parties are strongly encouraged to consent to magistrate judge jurisdiction in an effort to have their cases adjudicated in a timely and cost-effective manner. The law requires district judges to give their criminal docket priority over civil and other matters. If your case is before a district judge, the case’s proceedings—including trial—may be delayed and the litigation costs associated with the case may increase. Presently, when a civil trial is set before the district judge, any criminal trial set which conflicts with a civil trial, even though the civil trial was set first, will take priority. Continuances of civil trials under these circumstances will no longer be entertained, absent a specific and stated finding of good cause, but will instead trail the completion of the criminal case. While the parties are under no obligation to consent to magistrate jurisdiction, magistrate judges’ trial calendars are more flexible and accommodating because magistrate judges are not required to conduct criminal felony cases. CONSENT FORM: http://www.caed.uscourts.gov/caednew/assets/File/Consent%20on%20web.pdf LINK TO ARTICLE ON MAGISTRATE JUDGE CONSENT IN E.D. CAL. (FRESNO DIVISION) http://www.caed.uscourts.gov/caednew/assets/File/A%20Case%20for%20Consent-%20final%20in%20Word.pdf 2. Civil Law and Motion Calendar: a) b) Civil Law & Motion: Hearings are on Wednesdays at 10:00 a.m. in Courtroom 9 - motion dates are not reserved. Motion dates are subject to change at the Court’s discretion. Clearance of Law & Motion Dates: Parties do not need to clear a motion hearing date, but it is a good practice to check with the Courtroom Deputy Clerk, before setting, to ensure that the date being set is actually available.. If a Wednesday is unavailable, the matter will be moved by the Court to next available Wednesday. Parties shall file moving papers in accordance with the Local and Federal Rules c) Courtesy Copies of Motions: Judge Boone DOES NOT require “Courtesy Copies” be submitted to his chambers. The CM/ECF electronic filing is sufficient. 3. Scheduling Conferences: A Joint Scheduling Conference Report, carefully prepared and executed by all counsel, shall be electronically filed in full compliance with the requirements set forth in the Order Setting Mandatory Scheduling Conference, five (5) court days, excluding weekends and court holiday, prior to the Scheduling Conference. Video Appearances: a) b) Video appearances by counsel are acceptable. Please notify the Courtroom Deputy Clerk if one or more attorneys will be appearing via video, so that a notation can be placed on the Court calendar. The Courtroom Deputy Clerk will provide counsel with the video-conference meeting ID and passcode/password for the video-conference. c) Prior to the designated time for the proceedings, counsel shall sign-in to the video conference meeting and enter the provided meeting ID and passcode/password. The parties are expected to be as timely for the video-conference as they would be if the matter were called in Court. Note: Proper courtroom attire is required for all video-conference appearances. d) At the scheduled time for the proceeding, the Court will enter the video-conference meeting and begin the proceedings. 4. Settlement Conferences: a) Prerequisites: The case must be ready for meaningful settlement discussions. Plaintiff must make a demand to defendant and initial settlement negotiations must take place prior to the Settlement Conference being held. b) Settlement Conference Statements: Confidential Settlement Conference Statements are MANDATORY from each party and must be submitted to Judge Boone’s chambers at least seven (7) days prior to the Settlement Conference. Confidential Settlement Statements are to be submitted by email to [email protected]. The Notice of Submission of Confidential Settlement Statement shall be electronically filed with the Court pursuant to Local Rule 270 (d) (Fed. R. Civ. P. 16). Appearances: Parties must appear with counsel. Upon written request with good cause submitted for Judge Boone’s approval, c) some video appearances may be granted; however, these requests are generally discouraged. The request should be submitted at least seven (7) days prior to the Settlement Conference Day to the Courtroom Deputy Clerk with a cc to all counsel. Discovery Hearings: Local Rule 251(a) (Fed. R. Civ. P. 37) requires the parties to file a Joint Statement re Discovery Disagreement (“Joint Statement”) at least fourteen (14) days before the scheduled hearing. Any motion will be removed from calendar if the Joint Statement is not timely filed. Parties must note that under the “meet and confer” requirements, the Court requires, in addition to any written correspondence the parties may engage in (letters and/or email), that the parties physically talk to each other before the hearing about the discovery dispute. This requirement can be accomplished in person, or through videoconferencing. Informal Videoconferences re Discovery Disputes: Upon the stipulation of the involved parties, Judge Boone will resolve discovery disputes outside the formal Local Rule 251 procedures by conducting an informal video-conference. Before resolving the dispute informally, the parties must agree to the informal process, agree to an entry of an order by the Court after the informal video-conference, and agree to abide by such order. The Court assumes that parties requesting an informal video-conference agree to these terms. Parties wishing to avail themselves of this option must follow the procedures outlined below. A party with a discovery dispute shall first meet and confer with the opposing party in a good faith effort to resolve the dispute without the intervention of the Court. If meet and confer efforts fail to resolve the discovery dispute(s) and the involved parties agree to pursue an informal resolution of the dispute, the moving party shall advise the Court’s Courtroom Deputy Clerk of the dates and times in the next fourteen (14) days when all involved parties are available for the informal video- conference and the Court will issue an order setting the informal video-conference on a date and time convenient for the court and all involved parties. The Court will also email the parties the meeting ID and passcode/password for the informal video-conference. Note: Informal conferences will not be on the record. The parties shall file a joint letter brief, not to exceed four pages, at least 24 hours before the scheduled informal conference, unless otherwise ordered by the Court. The joint letter brief shall describe the parties’ “meet and confer efforts” and provide a synopsis (without exhibits or attachments) of the discovery dispute. Individual letter briefs will not be permitted, except in rare circumstances and only upon leave of the court. If permitted, individual letter briefs are limited to two pages and must include, in addition to the information detailed above, a description as to why a joint letter brief was unattainable. The letter brief must be at least 12-point font. Letter briefs which exceed the page limitations set forth herein will be disregarded by the Court after the page limit is exceeded. The letter brief shall be both filed with the court and emailed to [email protected] before the applicable deadline. All parties must be cc’d on the e-mail with the letter brief attached. Failure to timely submit a letter brief will result in the informal conference being vacated and sanctions against any responsible parties. Even if multiple discovery disputes are raised at the informal conference, the four-page limitation shall apply, unless prior leave of court is obtained. Following the informal video-conference, the Court will issue an order with its ruling on the issues presented. Should the court determine that further briefing is necessary to resolve the discovery dispute, the Court may order formal briefing pursuant to Local Rule 251 or may order the parties to be personally present for a discovery dispute conference. The intent of the informal discovery dispute conference is to avoid litigation costs and the unnecessary and collateral focus on sanctioning a party. Accordingly, the Court will not impose sanctions against any party for the conduct giving rise to the discovery dispute. However, the Court will impose sanctions against any party who, after agreeing to participate in the informal discovery process, fails to meet and confer in good faith, fails to participate in drafting the joint letter brief in good faith, fails to timely file the letter brief, and/or fails to appear at the informal video-conference hearing. All Documents Requiring Court Approval: (Proposed Orders) As required by Local Rule 137(b), counsel shall submit all proposed orders, stipulations, etc., in Microsoft Word® format, to chambers at [email protected]. Pursuant to Local Rule 131(c), the documents should include the attorneys’ electronic signatures (i.e., /s/First/Last Name), as well as the date the document was signed. Length of Briefs on Motions other than Rule 251 motions: Unless prior leave of Court is obtained before the filing date, all moving and opposition briefs or legal memorandum in civil cases shall not exceed twenty-five (25) pages. Reply briefs filed by moving parties shall not exceed ten (10) pages. Briefs that exceed the page limitations or are sought to be filed without leave may not be considered. Request to Seal Documents: Pursuant to Local Rule 141, a Notice of Request to Seal Document(s) shall be filed electronically. The Request to Seal, a proposed sealing order (in word), and all documents covered by the request shall be emailed to [email protected]. If the request is approved and notice of electronic filing of the sealing order is received, all documents covered by the order must be emailed to [email protected] for filing under seal. 5. 6. 7. 8. 9.

=== Electronic Evidence Presentation in Court ===

Electronic Evidence Presentation Systems in Courtroom 9 The following electronic evidence presentation systems are available for use by attorneys in Judge Boone’s courtroom: By Equipment: • Electronic Evidence Presentation Inputs. Audio and video inputs are located at the lectern, attorney tables, witness stand and judge’s bench. The available input types include HDMI and VGA, both with separate 3.5mm audio input connections.1 Additionally, a composite video and audio input connection is located at the lectern (latter input is the red/white/yellow connectors used primarily to connect video/audio from such things as a compact disk player, cassette player, video camera, VCR, or DVD player). The parties must provide their own equipment (computers, DVD players, etc.) to utilize these inputs. Also, if the parties do not have the required inputs to connect to the Court’s system, then the parties are responsible for providing any necessary adapters to connect to the Court’s electronic system. • Evidence Monitors. Evidence monitors for viewing evidence presented through the courtroom’s electronic evidence presentation systems are located at the jury box, witness stand, lectern, judge’s bench, courtroom deputy’s desk, law clerk’s desk, court reporter’s desk and the attorney tables. The jury box contains a total of six monitors servicing twelve jury seats. There are two rows in the jury box with six seats in each row and three monitors in each row. • Document Camera. A document camera is located at the lectern. The document camera provides 12x optical zoom which can focus on materials as small as a postage stamp. An additional 4x digital zoom can focus further on materials as small as 8mm x 6mm. The camera can also be adjusted to focus on objects in front or behind the unit. • Printmaker Annotation System. The Pointmaker system allows a user to draw, or mark pictures or video drawn from the lectern & witness stand locations only. This annotation can be shown throughout the courtroom evidence monitors. The free hand drawing system includes a menu with the following features: to change the choice of pen color, pointer style, line thickness, solid or highlighter pen mode and undo and clear all to erase prior markings. Also, the line thickness can be adjusted by the Courtroom Deputy. The parties may only use Pointmaker for demonstrative purposes. Pointmaker markings cannot be recorded or memorialized for the record and items produced as a result of it cannot be identified and/or admitted as an exhibit. By Area: • Counsel Table (Each Table): • Electronic Evidence Presentation Inputs (HDMI and VGA and separate 3.5mm audio input connections) • One (1) Evidence Monitor (23” screen) • Two (2) audio microphones2 1 All HDMI connections will accept audio & video. The separate, paired 3.5mm audio connectors can be used if your device can not send audio through the HDMI connector. 2 The Court’s microphones are extremely sensitive. On the base of the microphone is a privacy mute button. Press and hold to mute the microphone. Also, wireless lapel microphones may be available to counsel for opening and closing. Revised November 2024 1 • Lectern: • Electronic Evidence Presentation Inputs (HDMI and VGA and separate 3.5mm audio input connections and composite video and audio input connection) • Pointmaker Annotation System • One (1) Evidence Monitor (23” screen) • Two (2) audio microphones • Witness Stand: • Electronic Evidence Presentation Inputs (HDMI and VGA and separate 3.5mm audio input connections) • One (1) Evidence Monitor (23” screen) • Pointmaker Annotation System • Audio microphone • Jury Box: • Six (6) Evidence monitors (3 per row) (23“ screen) • Two audio microphones (front row only- use roving microphone for jury selection) • Bench, Courtroom Deputy and Electronic/Court Reporter (Each Area): • One (1) Evidence Monitor (23“ screen) • Pointmaker Annotation System (Courtroom Deputy area only) • Audio microphone Other Available Services • Video Conferencing. Video Conferences can be arranged in the courtroom via Zoom. A free Zoom app is also available for IOS and Android devices. To participate in a video conference, the parties must contact Judge Boone’s Courtroom Deputy, Jan Nguyen, at [email protected] or (559) 499-5672. • Interpretation capabilities. Each courtroom is equipped with interpreter and hearing- impaired systems. The systems use infrared technology which transmits sound to headset users. In non-criminal cases, interpreters are not provided by the Court. • Real-Time Transcription Services. In some courtrooms this fee-based service is offered. However, due to limited court reporter availability, the parties are advised that court reporters are not utilized in most trials/hearings in Judge Boone’s courtroom, and therefore, this service is not usually available. The parties may not be informed of the availability of a court reporter until the day of the trial/hearing. If a court reporter is not available, the proceedings will be recorded via the Court’s electronic recording system (ECRO). Revised November 2024 2 Evidence Presentation Obligations • Parties who intend to present evidence electronically via the Court’s electronic evidence presentation systems must be familiar with the systems prior to the hearing/trial. No court/jury time will be provided during court proceedings to allow the parties to troubleshoot issues with the parties’ equipment or the equipment in the courtroom. If a party is unfamiliar with the Court’s systems, they are strongly encouraged to attend an orientation with the Court’s IT representative prior to the hearing/trial (see procedures below). The Court will not tolerate any delays during any proceedings caused by a party’s unfamiliarity with the Court’s systems or by the failure of a party’s equipment. The parties will be required to present their cases without the aid of the electronic evidence presentation systems in the event that the systems are unavailable due to the party’s unfamiliarity, equipment failure or any other “technology” delays. • In addition to familiarizing themselves with the Court’s electronic evidence presentation systems in advance of the hearing/trial, the parties must familiarize themselves with their own equipment and how to connect their equipment with the Court’s systems prior to the hearing/trial. Specifically, the parties should be familiar with: ➢ Adjusting the refresh rate on their computer (to 60 Hz) ➢ Adjusting the resolution on their computer (to 1024x768) ➢ Switching the display on their computer to send video to the Court’s A/V system (the Court uses the Extron DSC 301 HD compliant scaler and XTP R (& T) HDMI systems at the attorney tables and the Extron DVS 605 compliant scaler and XTP R (&T) HDMI systems at the lectern). ➢ Making the physical connections between the electronic evidence presentation systems and their equipment. The parties are responsible for providing any cable adapters required to connect to their equipment to the Court’s systems. For example, to display content from an iPad to the Court’s systems, the parties must provide their own iPad-to-VGA or iPad-to-HDMI adapter. Please note that the Court’s staff cannot work on and/or provide support for any non‐ court equipment. Electronic Evidence Presentation Systems Orientation Any party wishing to familiarize themselves with the Court’s electronic evidence presentation systems are strongly encouraged to set up an orientation session with the Court’s IT staff. To do so, please contact Jan Nguyen, Courtroom Deputy, at least three (3) weeks before your trial or hearing. Ms. Nguyen can be reached at [email protected] or (559) 499- 5672. Ms. Nguyen will coordinate with the Court’s IT representative to schedule a convenient time to conduct the orientation. Parties who attend an electronic evidence presentation systems orientation should bring the equipment they will use to connect to the systems as well as samples of the content they intend to present at the trial/hearing through the systems. Revised November 2024 3

=== Discovery Dispute Procedures ===

INFORMAL DISCOVERY DISPUTES PROCEDURES FOR MAGISTRATE JUDGE STANLEY A. BOONE United States District Court - Eastern District of California 2500 Tulare Street, Courtroom 9, 6th Floor Fresno, California 93721 Jan Nguyen, Courtroom Deputy Desk: (559) 499-5672 Email: [email protected] Video Conference Number: Contact Courtroom Deputy Upon the stipulation of the involved parties, Judge Boone will resolve discovery disputes outside the formal Local Rule 251 procedures by conducting an informal video conference. Before resolving the dispute informally, the parties must agree to the informal process, agree to an entry of an order by the court after the informal video conference, and agree to abide by such order. The Court assumes that parties requesting an informal video conference agree to these terms. Parties wishing to avail themselves of this option must follow the procedures outlined below. Unless agreed to by the 3rd party litigant, this procedure cannot be accomplished through the informal discovery process (a motion to compel/quash must be filed consistent with local rules). A party with a discovery dispute shall first meet and confer with the opposing party in a good faith effort to resolve the dispute without the intervention of the court. If meet and confer efforts fail to resolve the discovery dispute(s) and the involved parties agree to pursue an informal resolution of the dispute, the moving party shall advise the Court’s Courtroom Deputy, Jan Nguyen, of the dates and times in the next 2-14 days when all involved parties are available for the informal video conference. The Court will issue an order setting the informal video conference on a date and time convenient for the Court and all involved parties. The Court will also email the parties the meeting ID and passcode (password) for the informal video conference. Unless requested by counsel, informal video conferences will not be on the record. However, the court will issue an order after the conference. The parties shall file a joint letter brief, not to ex ceed four pages, at least 24 hours (excluding holidays or weekends) before the scheduled informal video conference, unless otherwise ordered by the Court. The joint letter brief shall describe the parties’ “meet and confer efforts” and provide a synopsis (without exh ibits or attachments) of the discovery dispute. Individual letter briefs will not be permitted, except in rare circumstances and only upon leave of the court. If permitted, individual letter briefs are limited to two pages and must include, in addition information detailed above, a description as to why a joint letter brief was unattainable. The letter brief must be at least 12-point font. Letter briefs which exceed the page limitations set forth herein will be disregarded by the Court after the page limit is exceeded. The letter brief shall be both filed with the Court (in ECF under “Civil Events”; “Other Filings”; “Other Documents”; “Informal Discovery Dispute Letter Brief”) and emailed to [email protected] before the applicable deadline. All parties must be cc’d on the e-mail with the letter brief attached. Failure to timely submit a letter brief will result in the informal video conference being vacated and sanctions against any responsible parties. Even if multiple discovery d isputes are raised at the informal conference, the four-page limitation shall apply, unless prior leave of Court is obtained. Following the informal video conference, the Court will issue an order with its ruling on the issues presented. Should the Court determine that further briefing is necessary to resolve the discovery dispute, the Court may order formal briefing pursuant to Local Rule 251 or may order the parties to b e personally present for a discovery dispute conference. The intent of the informal discovery dispute conference is to avoid litigation costs and the unnecessary and collateral focus on sanctioning a party. Accordingly, the Court will not impose sanctions against any party for the conduct giving rise to the discovery dispute. However, the Court will impose sanctions against any party who, after agreeing to participate in the informal discovery process, fails to meet and confer in good faith, fails to participate in drafting the joint statement in good faith, fails to timely file the letter brief; and/or fails to appear at the informal video hearing. Rev: October 2023

=== General Pre-Trial and Trial Procedure Information & Deadlines ===

CIVIL PRE-TRIAL AND TRIAL PROCEDURES & DEADLINES in U.S. Magistrate Judge Stanley A. Boone’s Courtroom The purpose of this procedure is to give a general overview to the parties of general pre- trial and trial procedures for conducting trials (whether jury or bench) and to answer general questions as they prepare for trial (through a pretrial statement or otherwise) in Judge Boone’s courtroom. These general procedures must be read in conjunction with Judge Boone’s “Trial Conduct and Decorum” and “Jury Selection” Procedures also found on the Eastern District of California’s website under Judge Boone. These procedures are of general applicability only and may change based upon the nature of the case, the parties and/or the length of trial. Accordingly, to the extent that these procedures conflict with or are inconsistent with a specific Pretrial Order or Order in an actual case, that Order shall always control. Therefore, the parties are advised that they must carefully review and understand all orders in their respective case. As with the “Trial and Conduct and Decorum” procedures, these procedures are also intended to further efficient and orderly fact-finding and to ensure that each party who comes before the court has a right to a fair trial: Motions in Limine: 1. The Court imposes a meet and confer requirement on the parties in an attempt to come to an agreement on any issue before it is presented to the Court in a motion. If the Court surmises that the parties have filed motions in limine without meaningful, genuine attempts to meet and confer, this Court will strike the motions in limine and remove them from calendar. Most evidentiary issues can be resolved easily with a conference between counsel or with the Court. 2. Parties that wish to present multiple issues via a motion in limine shall file one motion subdivided into separate sections setting forth the legal analysis for each issue. The responding party shall file one opposition in response subdivided into separate sections addressing issue. Moving and opposition papers must be brief, succinct and well-organized. 3. The motion in limine hearing will generally be set two to three (3) weeks before the trial. The motion itself will usually be filed three (3) weeks before the motion hearing with opposition due two (2) weeks thereafter. Generally, the briefing schedule will not provide for reply briefing. 4. Motions in limine on abstract evidentiary issues or issues more appropriately addressed by the Court on a case-by-case basis (such as a motion in limine to exclude all irrelevant evidence) will be looked upon with disfavor. Trial Witnesses 5. Only witnesses who are listed in the Court’s Pretrial Order may appear on the Final Trial Witness List filed with the court. 6. One (1) week before trial, the parties must file their Final Trial Witness List. The Final Trial Witness List shall include each witness along with the business address or city of Revised November 2024 1 residence for each witness, to the extent known. The parties are to omit witnesses from the Final Trial Witness List that were listed in the Pretrial Order but the parties no longer intend to call. 7. Every witness a party intends to call must appear on their own Final Trial Witness List. The mere fact that a witness appears on the opposing party’s Final Trial Witness List is not a guarantee that the witness will be called at trial or otherwise be available for questioning by other parties. Each party must undertake independent efforts to secure the attendance of every witness they intend to call at trial. 8. The parties may not call any witness that is not on their Final Trial Witness List unless (1) it is solely for impeachment or rebuttal purposes, (2) the parties stipulate, (3) additional witnesses are required in light of the Court’s ruling on a motion in limine, or (4) it is necessary to prevent “manifest injustice.” 9. Should a party find it necessary to add additional witnesses beyond those named in the Pretrial order or their Final Trial Witness List in light of the Court’s ruling on a motion in limine, the party must file a notice, listing the witnesses’ names and addresses, with the Court within two (2) days after the Court’s order on the motion in limine. 10. During trial, the parties’ counsel are obligated to provide opposing counsel, by the close of that trial day, the names of the witnesses the party intends to call on the next trial day. If evidentiary problems are anticipated, the parties’ counsel shall immediately notify the Court that a hearing will be required. Trial Exhibits 11. Only exhibits which are listed in the Court’s Pretrial Order may appear on the Exhibit List. No exhibit, other than those listed in this section, may be admitted unless the parties stipulate or upon a showing that the Pretrial Order should be modified to prevent “manifest injustice.” The parties should not rely on the manifest injustice standard since this standard is quite high. 12. Four (4) weeks prior to trial, the parties shall exchange their proposed exhibits. No later than three (3) weeks before trial, the parties’ counsel shall meet and conduct an exhibit conference to pre-mark and examine trial exhibits and to prepare exhibit lists 13. One (1) week prior to trial, the parties must file their Exhibit List and submit their pre-marked exhibits in binders. 14. Each party must prepare at least three (3) complete, legible and identical sets of exhibits in binders. The number of binders will vary based upon number of opposing parties’ counsel. Within the binders, the pre-marked exhibits must be separately tabbed and assembled in sequential order. The binders shall be delivered as follows: Two (2) binder sets shall be delivered to Courtroom Deputy Jan Nguyen (one for a. use by the Court and one for use by any witness at the witness stand); and b. One (1) binder set shall be provided for each opposing counsel’s use. 15. All exhibits must be pre-marked with an exhibit sticker or other legible numbering/lettering. If the individual exhibit includes multiple pages and is not easily identified 2 Revised April 2022 as to each page (i.e., Bates stamp numbering), then the exhibit must be page numbered. All exhibits must be pre-marked, including both evidence that will be formally admitted into evidence as well as any other exhibits that will be presented in any manner during trial, such as “demonstrative” evidence. Each individual “original” exhibit that will be submitted to the jury must be stapled/fastened so that the exhibit does not become separated. Further, exhibits submitted to the jury must be pre-marked on the front page only in the manner described above. Impeachment or rebuttal evidence need not be pre-marked. However, evidence of bias, extrinsically introduced, must be pre-marked. 16. Joint exhibits are those exhibits which all parties agree may be admitted into evidence without the need for laying a proper foundation under the Federal Rules of Evidence. Joint exhibits must be pre-marked with the designation “J-[Number]” (e.g., J-1, J-2). Those exhibits may be introduced at any time during the course of the trial. However, unless the parties agree otherwise on the record, joint exhibits are not “automatically” admitted into evidence: at least one of the parties must admit a joint exhibit into evidence. If an exhibit is not admitted by any party, the exhibit will not be given to the jury despite its “joint” designation as an exhibit. 17. Plaintiff’s exhibits must be pre-marked using numbers beginning with 1 (e.g., 1, 2, etc.). If multiple parties with multiple counsel (to the extent they cannot agree on joint exhibits), then the party’s initials shall be added after the “number” and a dash (“-“) if there are multiple plaintiffs with separate counsel (e.g., 1-SMK, 2-SMK, 3-SMK and 1-MCD, 2-MCD, 3- MCD, etc.). 18. Defendant’s exhibits must be pre-marked using letters beginning with A (e.g., A, B, C...AA, BB, CC...AAA, BBB, CCC, etc.). This number/lettering is flexible and may change based upon parties and nature of case. The parties should be prepared to discuss this issue with the court at either the pre-trial or motion in limine hearing, not at the time the exhibits are to be filed. 19. The parties may admit responses to discovery requests into evidence. The parties shall file and serve a list of all responses to discovery requests intended to be used at trial no later than two weeks before trial. The list shall identify the responses to discovery requests by title and set number. If a party seeks to admit a physical copy of the discovery responses into evidence at trial, the discovery responses must be pre-marked as an exhibit in the same manner discussed above. Alternatively, if the party intends to read relevant portions of the discovery responses into evidence, a copy of the discovery responses must be lodged with the Court no later than two weeks prior to trial. The Court will address objections to discovery responses as they arise during trial or through a motion in limine. 20. If a party attempts to admit or use for any purpose evidence that (1) was not previously disclosed during discovery and (2) should have been disclosed as an initial disclosure under Rule 26(a) or as a supplemental disclosure under Rule 26(e), the Court will prohibit that party from admitting or using for any purpose that evidence at trial, unless the failure was substantially justified or was harmless. 21. Deposition testimony shall be designated by page and line number, with such designation to be filed and served no later than three (3) weeks before trial. Any counter- designation as to the same designation (also set out by page and line number) shall be filed and served no later than two (2) weeks before trial. The original certified transcript of any deposition identified in a designated or counter-designation shall be lodged with the clerk's office no later than two weeks before trial, if not previously lodged with the Court. If any party Revised April 2022 3 intends to admit relevant portions of deposition testimony into evidence, the relevant deposition testimony must be pre-marked as an exhibit in the same manner discussed above. However, any party may request that deposition testimony offered for any purpose other than impeachment be presented in non-transcript form, if available. The Court will address objections to deposition testimony as they arise during trial or through a motion in limine. Trial Briefs 22. One (1) week before trial, the parties shall file their trial briefs. The form and content of the trial brief must comply with Local Rule 285. Special attention should be given in the trial brief to address reasonably anticipated disputes concerning the substantive law, jury instructions and/or admissibility of evidence. The parties need not include in the trial brief any issue that is adequately addressed in a motion in limine or in an opposition brief to a motion in limine. Jury Instructions 23. One (1) week prior to trial, the parties shall file their joint proposed jury instructions with the Court. However, prior to that filing, three (3) weeks before trial, the parties shall serve their proposed jury instructions on each another. The parties must meet and confer in an effort to address their proposed jury instructions and shall reach agreement on the joint jury instructions to be given at trial. 24. In addition to being filed, the proposed jury instructions must also be e-mailed in Word® format to [email protected] no later than one (1) week before trial. 25. If any party proposes additional jury instructions that are not agreed upon by all parties, such proposed jury instructions shall be filed with the Court no later than one (1) week before trial. Each party may file up to ten (10) proposed jury instructions and identify such as jury instructions upon which all parties could not agree. Unless prior leave is granted, the Court will not consider additional proposed jury instructions beyond the first ten (10). 26. Proposed jury instructions shall (1) indicate the party submitting the instruction (i.e., joint/agreed-on, Plaintiff’s or Defendants’), (2) be numbered sequentially, (3) include a brief title for the instruction describing the subject matter, (4) include the text of the instruction, and (5) cite the legal authority supporting the instruction. If the proposed jury instruction is based on the Ninth Circuit Model Jury Instructions, CACI, BAJI or other source of jury instructions, the proposed jury instruction shall also include a citation to that specific instruction. Ninth Circuit Model Jury Instructions shall be used where the subject of the instruction is covered by a model instruction. Otherwise CACI or BAJI instructions shall be used where the subject of the instruction is covered by CACI or BAJI. All instructions shall be short, concise, understandable, and consist of neutral and accurate statements of the law. Argumentative or formula instructions will not be considered. 27. If any party proposes a jury instruction that departs from the language used in the Ninth Circuit Model Jury Instructions, CACI, BAJI or other source of jury instructions, that party shall, by italics or underlining, highlight the differences in language and must cite the legal authority supporting the modification. 28. No later than the Thursday before trial, the parties shall file and serve written objections to any disputed jury instructions proposed by another party. All objections shall be in Revised April 2022 4 writing and (1) shall set forth the proposed instruction objected to in its entirety, (2) shall specifically set forth the objectionable matter in the proposed instruction, and (3) shall include a citation to legal authority to explain the grounds for the objection and why the instruction is improper. A concise argument concerning the instruction may be included. Where applicable, the objecting party shall submit an alternative proposed instruction covering the subject or issue of law. 29. The Court will not accept a mere list of numbers associated with form instructions from the Ninth Circuit Model Jury Instructions, CACI, BAJI or other source of jury instructions. The proposed jury instructions must be in the form and sequence which the parties desire to be given to the jury. Any blank fields in the form instructions must be filled-in before they are submitted to the Court. Irrelevant or unnecessary portions of form instructions must be omitted. Verdict Form 30. The parties shall serve their proposed verdict form on one another no later than three (3) weeks before trial and shall conduct a conference to address their proposed verdict forms. At the conference, the parties shall reach an agreement on the verdict form for use at trial. The parties shall file the joint proposed verdict form, no later than one (1) week before trial. 31. The joint proposed verdict form shall also be e-mailed as a Word® attachment to [email protected] no later than one (1) week before trial. Joint proposed verdict forms will not be used unless they are so e-mailed to the Court. Jury Voir Dire 32. One (1) week before trial, the parties shall file their proposed voir dire questions, if any. Neutral Statement of the Case 33. One (1) week before trial, the parties shall prepare a joint neutral statement of the case for use during jury voir dire and in the initial instructions given to the jury prior to opening statements. The joint neutral statement of the case shall briefly describe the case, including the relevant claims and defenses. Revised April 2022 5 GENERAL FILING DEADLINES FOR TRIALS BEFORE JUDGE BOONE Filing Deadline Meet & Confer Requirement Motion in Limine Exhibit List & Binders Jury Instructions Neutral Statement of Case Trial Brief Verdict Form Voir Dire Final Trial Witness List Hearing: 2 to 3 weeks before trial Filing of Motion: 3 weeks before hearing Opposition: 2 weeks after motion filed Reply: No One (1) week before trial One (1) week before trial One (1) week before trial One (1) week before trial One (1) week before trial One (1) week before trial One (1) week before trial Yes Yes Yes Yes No Yes No No Revised April 2022 6

=== Jury Selection Procedures ===

JURY SELECTION PROCEDURES IN JUDGE BOONE’S COURTROOM These are the General Procedures for selecting civil juries in Judge Boone’s courtroom. These procedures are of general applicability only and may change based upon the nature of the case, the parties and/or the length of trial. Also, the procedures are not all inclusive and other rules may apply when it comes to the jury selection process consistent with federal law. When in doubt, inquire of the court; otherwise, the parties are assumed to know the applicable procedures. The parties are expected to discuss any jury selection issues at the pre-trial conference, motion in limine hearing or prior to the start of the selection process. On the day or trial, the Courtroom Deputy will provide counsel with a list of venire members to be called for the trial (in alphabetical order) and a jury selection seating chart. The Court may require the parties to return the alphabetical list of venire members to the Court at the conclusion of the jury selection process. The following are the General Procedures for selecting civil juries: 1. 2. 3. 4. 5. Judge Boone conducts the majority of the voir dire examination. Judge Boone may incorporate some of the parties proposed voir dire questions into his examination. Each side is afforded fifteen (15) minutes to voir dire the jury. Strict time limits are enforced. Counsel is allowed to conduct their examination after the court concludes its examination. In a situation involving multiple parties and counsel on each side, the court will assign time prior to jury selection. Judge Boone will select twenty-one (21) venire members from the audience. Seven (7) are placed in the back row of the jury box, seven (7) are placed in the front row of the jury box and seven (7) are placed in chairs in front of the jury box. Seat Number One is considered the seat located closest to the bench in the back row of the jury box. The Court first examines the venire members. If during the course of the Court’s voir dire examination, a venire member is removed for “cause” or other reason, a member of the venire audience will be selected and seated in that removed venire member’s seat. After the Court completes its voir dire examination, any subsequent venire member removed for “cause” and/or other reasons will not be replaced by a member of the audience. The venire member next in line will be considered the next juror even though that venire member will not occupy the empty seat. After the examination process and removal of any venire members for “cause,” the Courtroom Deputy will distribute a “strike sheet,” starting with plaintiff for the selection of one preemptive strike or pass. On the sheet, each counsel will list the last name and number of the venire member the party wishes to exercise their preemptive strike. The Courtroom Deputy will then pass the “strike sheet” to the defendant and back and forth between the parties until the preemptive strike process is complete. The Court will then “thank and excuse” the stricken jurors. The Court will not indicate who struck a particular venire member. Revised Apr 2022 1 6. 7. 8. 9. 10. A “pass” is not considered a preemptive strike. Two passes in a row constitute an acceptance of the panel. Once all preemptive strikes have been exercised or two passes in a row occur, then the first eight jurors will constitute the jury. In determining who is “on” the jury, the first eight (8) jurors beginning from Seat One (seat located in back row closest to the bench) to the 8th venire member (moving right from Seat One to end of row and then to next row starting on left [again closest to bench]) is the jury. Any motion about the make-up of the potential jury and/or to strike the venire member juror should be made before the court removes any venire member, otherwise the court will consider the request waived. In making this request, counsel must simply state that “I wish to make a motion” and the Court will hear argument of counsel outside the presence of the venire members. Revised Apr 2022 2

=== Courtroom Conduct and Decorum ===

TRIAL CONDUCT AND DECORUM in U.S. Magistrate Judge Stanley A. Boone’s Courtroom The purpose of this protocol is to emphasize, not supplant, certain portions of the ethical principles applicable to the lawyer's conduct in the courtroom and to preserve the dignity of the courtroom and the judicial process. This protocol is also intended to further efficient and orderly fact-finding and to ensure that each party who comes before the court has a right to a fair trial. 1. Be on time for each court session. Trial engagements take precedence over any other business. If you have matters in other courtrooms, arrange in advance to have them continued or have a colleague handle them for you. 2. Stand at the podium at all times when addressing witnesses. Except upon express permission of the Court, all communications to the Court shall be made from a position at the counsel table or from the podium. Counsel shall not approach the bench, a witness, the Court Reporter's table or the Courtroom Deputy’s desk without the permission of the Court. 3. Stand and do not pace when addressing the judge, jury or witnesses, exclusive of the opening statement and closing argument as permitted by the Court. 4. Do not appeal to emotion or prejudice during an opening statement to a jury. Confine yourself to a concise summary of the important facts that you expect to prove or your position on facts the opposition has undertaken to prove. 5. (a) (b) (c) (d) Exhibits: Court time may not be used for marking exhibits. This must be done in advance of the court session. In addition to counsel’s copies, provide copies of exhibits for the judge and place copies on the witness stand (in witness trial binder) before the commencement of the trial. Any paper exhibit not previously marked for identification should first be handed to the Courtroom Deputy to be marked before it is tendered to a witness for examination or placed on a viewing screen. Any exhibit offered in evidence should, at the time of such offer, be handed to opposing counsel, unless it has been pre-marked, and a copy is already in the possession of opposing counsel. (e) Counsel shall arrange with the Courtroom Deputy for the use of chalkboards, tripods, video recorders, overheads, or other visual aids sufficiently in advance so that they may be set up while the Court is not in session. (f) Diagrams, charts, drawings and other demonstrative or visual evidence shall, whenever practicable, be prepared by witnesses before testifying. Effort should be made to avoid using time during the presentation of evidence for these purposes. Revised April 2022 1 (g) (h) (i) 6. (a) (b) (c) (d) (e) (f) If you intend to question a witness about a group of documents, please place all the documents in the group before the witness (in the witness trial binder) prior to commencing the examination. Do not offer depositions wholesale; offer only relevant, redacted portions of the transcript and always in accordance with Rule 32 of the Federal Rules of Civil Procedure. All documents/items referenced during the course of the trial must be identified and marked with an exhibit sticker, regardless of whether they are intended to be admitted at trial or not. This includes all documents/items used to impeach and/or refresh a witness’s recollection. Documents/Items not intended to be admitted need not be pre-marked prior to trial, but once referred to during the course of the trial, must be identified and marked (should be marked using the next exhibit number/letter in that party’s sequential order). Counsel is cautioned that if a document has any conceivable basis for admission, that document/item must be pre-marked and listed prior to trial. Witnesses: Only one attorney for each party shall examine or cross-examine a witness. The attorney stating objections during direct examination shall be the attorney conducting the cross-examination. Refer to all persons, including witnesses, other counsel, and parties, by their surnames and not by their first or given names. In examining a witness, counsel generally shall not repeat or echo the previous testimony or answers given by a witness or comment on, or exhibit approval or disapproval of the answer given by the witness. The examination and cross-examination of each witness shall be limited to questions addressed to the witness. Counsel shall refrain from making statements, comments or remarks prior to asking a question or after a question has been answered. All persons at counsel table are prohibited from making gestures, facial expressions, audible comments, or the like during the examination of a witness, as manifestations of approval or disapproval during the testimony of witnesses, or at any other time. Counsel are expected to advise their witnesses of any court ruling to ensure that their testimony is in conformity with that ruling (i.e., orders on motion to exclude certain evidence, etc.). If a witness violates a prior court ruling regarding their testimony, the court may investigate whether sanctions and/or jury admonishments are appropriate, which may include asking the witness about counsel’s efforts to advise the witness of the court’s prior orders affecting the scope of his/her testimony. 7. Address all remarks to the Judge, not opposing counsel, and refrain from making disparaging or acrimonious remarks toward opposing counsel or witnesses. Revised April 2022 2 8. Objections are to be limited to stating "objection" and the basis for the objection ("Objection, leading") or the number of the Federal Rule of Evidence relied upon (e.g., "Objection, Rule 403"). Do not explain or argue the grounds for objections in the presence of the jury unless asked to do so by the Judge. “Speaking Objections” are not allowed and will be overruled. 9. Gum chewing and non-court related reading (such as newspapers or magazines) is prohibited while court is in session. Beepers, cellular telephones and other noise-making electronic equipment must also be placed on silent or turned off while in session. This rule applies to any counsel, party or witnesses and counsel shall instruct those individuals accordingly. 10. Counsel should try to anticipate problems that will arise during trial and take them up with the Court and opposing counsel out of the presence of the jury. Appropriate motions in limine in advance of trial are encouraged. If during trial it becomes necessary for an attorney to confer with the Court at the bench, the Court's permission should be obtained. 11. Counsel shall not make motions (e.g., a motion for a mistrial) in the presence of the jury. Such matters may be raised at recess. If necessary to preserve a timeliness issue at trial, counsel may simply state, “I make a motion and reserve my arguments for the next recess.” 12. If a party has more than one trial counsel, then arguments on motions, the opening statement, or closing argument shall be done by only one counsel (e.g., one counsel may do opening and another may do closing, etc.). However, upon obtaining prior permission of the Court, motions, the opening statement, or closing argument may be divided among counsel, if different subjects are addressed by counsel. 13. In opening statements and closing arguments to the jury, counsel shall not express counsel’s own personal knowledge or personal opinion concerning any matter in dispute. 14. presence of the jury. Offers of, or requests for, a stipulation should be made privately, outside the 15. Counsel shall not, in the jury’s presence, refer to any matter, witness, exhibit, or testimony that has been excluded by an order granting a motion in limine, or to which an objection was sustained, and/or motion to strike has been granted. 16. Counsel, the parties and their witnesses shall not discuss the case outside the courtroom in public areas where their conversation could be overheard by the jury. This would include hallway and cafeteria areas of the courthouse. The rooms located immediately outside of the courtroom can be used to discuss the case outside the presence of the jury. Counsel must advise their clients and their witnesses of this admonition. 17. Prior to the close of each business day, counsel shall provide opposing counsel with a list of witnesses’ counsel intends to call the next day. 18. Professionalism and civility are not aspirational but mandatory in this courtroom. Revised April 2022 3

=== Application for Search Warrant through Electronic Means ===

AO 106A (08/18) Application for a Warrant by Telephone or Other Reliable Electronic Means UNITED STATES DISTRICT COURT for the __________ District of __________ In the Matter of the Search of (Briefly describe the property to be searched or identify the person by name and address Case No. APPLICATION FOR A WARRANT BY TELEPHONE OR OTHER RELIABLE ELECTRONIC MEANS I, a federal law enforcement officer or an attorney for the government, request a search warrant and state under penalty of perjury that I have reason to believe that on the following person or property (identify the person or describe the property to be searched and give its location): located in the person or describe the property to be seized): District of , there is now concealed (identify the The basis for the search under Fed. R. Crim. P. 41(c) is (check one or more): ’ evidence of a crime; ’ contraband, fruits of crime, or other items illegally possessed; ’ property designed for use, intended for use, or used in committing a crime; ’ a person to be arrested or a person who is unlawfully restrained. The search is related to a violation of: Code Section Offense Description The application is based on these facts: ’ Continued on the attached sheet. ’ Delayed notice of days (give exact ending date if more than 30 days: 18 U.S.C. § 3103a, the basis of which is set forth on the attached sheet. ) is requested under Applicant’s signature Printed name and title Attested to by the applicant in accordance with the requirements of Fed. R. Crim. P. 4.1 by (specify reliable electronic means). Date: City and state: Judge’s signature Printed name and title

=== Search Warrant through Electronic Means ===

AO 93C (08/18) Warrant by Telephone or Other Reliable Electronic Means ’ Original ’ Duplicate Original UNITED STATES DISTRICT COURT for the __________ District of __________ In the Matter of the Search of (Briefly describe the property to be searched or identify the person by name and address) Case No. WARRANT BY TELEPHONE OR OTHER RELIABLE ELECTRONIC MEANS To: Any authorized law enforcement officer An application by a federal law enforcement officer or an attorney for the government requests the search and seizure of the following person or property located in the (identify the person or describe the property to be searched and give its location): District of I find that the affidavit(s), or any recorded testimony, establish probable cause to search and seize the person or property described above, and that such search will reveal (identify the person or describe the property to be seized): YOU ARE COMMANDED to execute this warrant on or before (not to exceed 14 days) ’ at any time in the day or night because good cause has been established. ’ in the daytime 6:00 a.m. to 10:00 p.m. Unless delayed notice is authorized below, you must give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises, the property was taken, or leave the copy and receipt at the place where the property was taken. The officer executing this warrant, or an officer present during the execution of the warrant, must prepare an inventory as required by law and promptly return this warrant and inventory to (United States Magistrate Judge) ’ Pursuant to 18 U.S.C. § 3103a(b), I find that immediate notification may have an adverse result listed in 18 U.S.C. § 2705 (except for delay of trial), and authorize the officer executing this warrant to delay notice to the person who, or whose property, will be searched or seized (check the appropriate box) ’ for days (not to exceed 30) ’ until, the facts justifying, the later specific date of . . Date and time issued: City and state: Judge’s signature Printed name and title AO 93C (08/18) Warrant by Telephone or Other Reliable Electronic Means (Page 2) Return Case No.: Date and time warrant executed: Copy of warrant and inventory left with: Inventory made in the presence of : Inventory of the property taken and name(s) of any person(s) seized: Certification I declare under penalty of perjury that this inventory is correct and was returned along with the original warrant to the designated judge. Date: Executing officer’s signature Printed name and title