Initial Standing Order 09 12 23; Self-Representation Order 09 12 23; Order Re Criminal Proceedings 09 12 23; Order Setting Scheduling Conference w Exhibit A - 09 19 23; Patent Cases Exhibit B - REVISED 08 31 2022; Civil Trial Order rev 09 12 23; Under Seal Filings in Civil Cases 02.24.2026.pdf; Und

=== Initial Standing Order 09 12 23 ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No.: SACV - JLS(XXXx) INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON Plaintiff/s, v. Defendant/s. PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to the calendar of Judge Josephine L. Staton. Both the Court and counsel bear responsibility for the progress of this litigation in federal court. To “secure the just, speedy, and inexpensive determination” of this case, as called for in Federal Rule of Civil Procedure 1, all parties or their counsel are ordered to become familiar with the Federal Rules of Civil Procedure, the Local Rules of the Central District of California, and this Court’s Orders. www.cacd.uscourts.gov 1 [email protected] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 THE COURT ORDERS AS FOLLOWS: Judge Staton’s Procedures web page is incorporated in this Order. The parties and counsel are ORDERED to review and comply with those procedures and notices, which may be accessed at: http://www.cacd.uscourts.gov/honorable-josephine-l-staton 1. Filing of Civil Cases The initiating documents (e.g., complaints and notices of removal) of most civil cases must be e-filed. See Local Rule 3-2. 2. Service of the Complaint Service is governed by Federal Rule of Civil Procedure 4. The plaintiff shall promptly serve the complaint in accordance with Rule 4 and file the proofs of service. Although Rule 4(m) allows 90 days for service of the summons and complaint, the Court expects service to be effectuated more promptly. The Court will require plaintiffs to show good cause to extend the service deadline beyond 90 days. 15 3. Temporary Restraining Orders and Preliminary Injunctions 16 17 18 19 20 Parties seeking emergency or provisional relief shall comply with Federal Rule of Civil Procedure 65 and Local Rule 65. The Court will not rule on any application for such relief for at least twenty-four (24) hours after the party subject to the requested order has been served, unless service is excused. Such party may file opposing or responding papers in the interim. 21 4. Cases Removed from State Court All documents filed in state court, including documents appended to the complaint, answers, and motions, must be refiled in this Court as a supplement to the notice of removal. See 28 U.S.C. § 1447(b). If the defendant has not yet answered or filed a pre-answer motion, the defendant’s answer or motion must be filed in this Court and must comply with the Federal Rules of Civil Procedure and the Local Rules. If a motion was pending in state court before the case was removed, it must be re-noticed for 22 23 24 25 26 27 28 www.cacd.uscourts.gov 2 [email protected] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 hearing in accordance with Local Rule 6-1. Counsel shall file with their first appearance a Notice of Interested Parties in accordance with Local Rule 7.1-1. If the complaint, answer, or any similar pleading in an action that is removed to this Court consists of only a form pleading in which boxes are checked, the party or parties utilizing the form pleading must file an appropriate pleading with this Court within thirty (30) days of the filing of the Notice of Removal. The new pleading must comply with the requirements of Federal Rules of Civil Procedure 7 through 11. 5. Status of Fictitiously Named Defendants Generally, in conformity with Federal Rule of Civil Procedure 15(c)(1)(C), real parties in interest shall be identified and substituted for “Doe” defendants within the 90- day time limit set forth set forth in Rule 4(m). Where the Court issues a scheduling order that sets an earlier deadline for the filing of motions to add parties or amend pleadings, that deadline must be met. Plaintiffs seeking to substitute parties after the earlier of these two dates must establish good cause to do so. See Fed. R. Civ. P. 4(m). 15 6. Discovery a. Discovery Matters Referred to Magistrate Judge All discovery matters have been referred to the assigned United States Magistrate Judge, who will hear all discovery disputes. Any party may move for review and reconsideration of a discovery ruling within fourteen days after such ruling. See Local Rule 72-2. However, in accordance with 28 U.S.C. § 636(b)(1)(A), the Court will not reverse any order of the Magistrate Judge unless the moving party demonstrates that the ruling is clearly erroneous or contrary to law. The motion must specify which portions of the ruling are clearly erroneous or contrary to law and support the contention with points and authorities. As to all filings related to motions for review and reconsideration of a discovery order, counsel shall deliver mandatory chambers copies to both the District Judge and the Magistrate Judge. 16 17 18 19 20 21 22 23 24 25 26 27 28 www.cacd.uscourts.gov 3 [email protected] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 b. Compliance with Federal Rule of Civil Procedure 26(a) The parties shall comply fully with the letter and spirit of Federal Rule of Civil Procedure 26(a). The Court’s Scheduling Order will impose firm deadlines to complete discovery. 7. Applications to Seal Counsel are directed to consider carefully whether to seek leave to file documents under seal. The procedure for obtaining leave is lengthy. Applications must in all instances be supported by good cause, and at times are subjected to an even higher standard. Most of the time, documents may not be filed under seal in their entirety, and appropriately redacted documents must still be filed on the public docket. When seeking leave to file any material under seal in a civil case, the parties and counsel are directed to fully comply with all steps of the multi-step procedure set forth in Local Rule 79-5. The parties are directed to follow the instructions in the Guide to Electronically Filing Under-Seal Documents in Civil Cases which is attached in PDF format to Judge Staton’s Procedures web page. Counsel are reminded that there is a strong presumption that the public has a right of access to records in civil cases. For materials related to non-dispositive motions, the Designating Party must show good cause for the materials to be filed and maintained under seal. For materials related to dispositive motions, the standard is higher, and the Designating Party must articulate compelling reasons for maintaining the confidentiality of the document(s) and must seek relief that is narrowly tailored to the protected interest. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 667-79 (9th Cir. 2010). 23 8. Motions 24 25 26 27 28 a. Time for Filing and Hearing Motions Motions shall be filed in accordance with Local Rule 7. This Court hears motions on Fridays, beginning at 10:30 a.m. It is not necessary to clear a hearing date with the Court Clerk before filing a motion in a civil motion. Counsel must check the Court’s website for Closed Motion Dates. www.cacd.uscourts.gov 4 [email protected] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 b. Pre-Filing Requirement To Meet and Confer Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” Counsel should discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other non-substantive matters during the conference. This provision applies even to self- represented parties; there is no exception to this rule for parties who appear pro se. c. Limitations on Briefing. Limitations on the length of briefs are specified in Local Civil Rule 11-6.1. A certification of compliance is required as set forth in Local Rule 11-6.2. In addition, because reply briefs should by their nature be shorter than motion and opposition briefs, the Court imposes an additional limitation on reply briefs, limiting those to 4,200 words rather than 7,000 words. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations. No supplemental briefs may be filed without prior leave of court. 17 d. Supporting Evidence Parties shall not proffer evidence other than the specific items of evidence or testimony in support of or in opposition to a motion. For example, the parties should provide excerpts rather than entire deposition transcripts or entire sets of interrogatory responses. Where a motion must be supported by admissible evidence, authenticity must be established by stipulation of the parties, declaration, or other appropriate means. e. Citations to Legal Authority Citations to legal authority should include pinpoint citations to specific page(s), section(s), and subsection(s) referenced. Citations to secondary sources such as treatises, manuals, and other materials should include the volume, section, and page(s) cited. 18 19 20 21 22 23 24 25 26 27 28 www.cacd.uscourts.gov 5 [email protected] 9. Specific Motions a. Motions Pursuant to Rule 12 Many motions to dismiss or to strike can be avoided if the parties confer in good faith (as required by Local Rule 7-3), especially for pleading deficiencies that could be corrected by amendment. See Chang v. Chen, 80 F.3d 1293, 1296 (9th Cir. 1996) (where a motion to dismiss is granted, a district court should provide leave to amend unless it is clear that the complaint could not be saved by any amendment). Moreover, a party has the right to amend the complaint “once as a matter of course” within 21 days after service of the answer or Rule 12(b) motion. Fed. R. Civ. P. 15(a)(1)(A)-(B). b. Motions to Amend In addition to meeting the requirements of Local Rule 15-1, counsel shall attach as an appendix to the moving papers a “redlined” version of the proposed amended pleading indicating all additions and deletions of material. All motions to amend pleadings shall: (1) state the effect of the amendment and (2) identify the page and line number(s) and wording of any proposed change or addition of material. The proposed amended pleading shall be serially numbered to differentiate it from previously amended pleadings (e.g., “Second Amended Complaint” or “Third Amended Answer and Counterclaims”). If leave to amend is granted, the filing party must comply with Local Rule 15-1 through 15-3 in filing the amended pleading. c. Summary Judgment Motions A party may file only one summary judgment motion in a case. Parties need not wait until the motion cutoff date to bring motions for summary judgment or partial summary judgment. The parties should prepare papers in a fashion that will assist the Court in absorbing the facts (e.g., generous use of tabs, tables of contents, headings, indices, etc.). 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 www.cacd.uscourts.gov 6 [email protected] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i. Statements of Uncontroverted Facts and Genuine Issues The Statement of Uncontroverted Facts and Conclusions of Law (“Statement of Uncontroverted Facts”), as required by Local Rule 56-1, shall be formatted based on the following example: 1. (Moving party’s first uncontroverted fact) 2. (Moving party’s second undisputed fact) (Supporting evidence citation(s (Supporting evidence citation(s The opposing party’s Statement of Genuine Disputes of Material Fact (required by Local Rule 56-2) must be in two columns and track the movant’s Statement of Uncontroverted Facts exactly as prepared, but must combine the moving party’s fact statements and the supporting evidence into one column. Thus, the first column must restate the allegedly undisputed fact and the alleged supporting evidence, and the second column must state either that the fact proffered by the moving party is undisputed or disputed. The opposing party may dispute all or only a portion of the statement, but if disputing only a portion, it must clearly indicate what part is being disputed. Whenever all or part of a proffered fact is disputed, the opposing party must briefly state why it disputes the moving party’s proffered fact, cite to the relevant exhibit(s) or other evidence, and must describe what it is in that exhibit or evidence that refutes the proffered fact. To illustrate: 1. (Moving party’s first uncontroverted fact). (Supporting evidence citation(s . 2. (Moving party’s second undisputed fact). (Supporting evidence citation(s . 1. Undisputed. 2. Disputed. Plaintiff’s Rule 30(b)(6) witness testified to the contrary. (Pltf’s Ex. 14, Clark Depo. at 24:5-26:17.) The opposing party may submit additional material facts that bear on or relate to the issues raised by the movant. Presentation of those additional material facts by the non-moving party shall follow the format described above for the moving party’s Statement of Uncontroverted Facts. These additional facts shall continue in sequentially www.cacd.uscourts.gov 7 [email protected] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 numbered paragraphs and shall set forth in the right-hand column the evidence that supports that statement. A Reply fact statement may be filed by the moving party in a manner consistent with Local Rule 56-3. No legal argument should be set forth in the Statement of Uncontroverted Facts or the Statement of Genuine Disputes of Material Fact. Legal argument should be reserved for the parties’ briefs. Objections and the relevant Federal Rule of Evidence or other basis therefor may be noted, but citations to case law and/or legal argument should be presented in the separate document described below. ii. Objections to Evidence If a party relies in whole or in part on an evidentiary objection to dispute a material fact, the ground(s) of the objection(s) shall be succinctly stated in a separate statement of evidentiary objections in a two-column format. The left column should identify and describe the item(s) objected to (including page and line number if applicable) and the right column should set forth a concise objection (e.g., hearsay, lacks foundation, etc.) with a citation to the Federal Rules of Evidence or, where applicable, a case citation. Any response to the objections shall incorporate and build upon the two- column format set forth in the objections in the same manner as the Statement of Genuine Disputes of Material Fact incorporates and builds upon the Statement of Uncontroverted 19 Facts. The Court will expressly rule on objections only when it deems it necessary to do. Generally, the Court will expressly rule on objections only as to evidence that factors into the Court’s rationale for its rulings. d. Daubert Motions Unlike other motions in limine, Daubert motions are usually due to be filed within seven days after the expert discovery cut-off date set in the Scheduling Order. The parties shall notice Daubert motions for hearing on the first available motions date at the time of their filing, unless that date is after the final pretrial 20 21 22 23 24 25 26 27 28 www.cacd.uscourts.gov 8 [email protected] conference date, in which case the Daubert motions will be heard at the final pretrial conference. 10. Notice of This Order Plaintiff’s counsel or plaintiff (if appearing on his or her own behalf) shall immediately serve this Order on all parties, including any new parties to the action. If this case was removed from state court, the removing defendant(s) shall serve this Order on all other parties. IT IS SO ORDERED. Dated: Revised: September 12, 2023 JOSEPHINE L. STATON 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 www.cacd.uscourts.gov 9 [email protected]

=== Self-Representation Order 09 12 23 ===

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 11 [PLAINTIFF], Case No. CV 00-00000 JLS (XXX) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, SELF-REPRESENTATION ORDER v. [DEFENDANT], Defendant(s). One or more of the parties to this action has elected to appear pro se (i.e., without a lawyer). 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, 876-77 (9th Cir. 1997) (minor children); C.E. Pope Equity www.cacd.uscourts.gov 1 [email protected] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Trust v. United States, 818 F.2d 696, 697-98 (9th Cir. 1987) (trust); McShane v. United States, 366 F.2d 286, 288 (9th Cir. 1996) (other litigants). A partner may not represent his or her own interest in a partnership pro se, and a sole shareholder may not represent a corporation. See In Re Am. West Airlines, 40 F.3d 1058, 1059 (9th Cir. 1994) (per curiam) (partner); United States v. High Country Broad Co., Inc., 3 F.3d 1244, 1245 (9th Cir. 1993) (per curiam) (shareholder). Proceeding 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 21 become personally responsible for litigating your action in accordance with the rules. 22 Practice in the federal courts is governed by the Federal Rules of Civil Procedure. 23 You must become familiar with these rules. You will be held to the same standards 24 as a lawyer as far as complying with the Court procedures and the rules and 25 regulations of the court system. 26 Because litigating an action in federal court often requires a great deal of time, 27 preparation, knowledge, and skill, this Court highly recommends against proceeding 28 without the assistance of counsel. Some attorneys will represent clients on a www.cacd.uscourts.gov 2 [email protected] 1 2 3 4 5 6 7 8 9 contingency 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 10 Schedules, Order Setting Scheduling Conference, and Order Re Jury Trial and Order 11 Re Court Trial, as well as federal and state case law applicable to this action—is 12 intended to bring certain aspects of law and motion practice to your attention at an 13 early stage in the litigation to remedy problems commonly associated with pro se 14 15 pleadings.2 Communications with Chambers: Pursuant to Local Rule 83-2.5, parties 16 shall refrain from writing letters to the judge, making telephone calls to chambers, or 17 otherwise communicating with the judge unless opposing counsel is present. You 18 may contact the Courtroom Deputy Clerk (“the Clerk”) by emailing 19 [email protected], with appropriate inquiries. The ability to contact 20 the Clerk cannot serve as a substitute for your review of all relevant procedures of the 21 Court. The Clerk is not an attorney and will not provide you with any legal advice. 22 The Clerk cannot waive any of the requirements of this or any other order of the 23 Court. Should you wish to bring any matter to the attention of the Court, you must do 24 25 26 27 28 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: http://www.cacd.uscourts.gov/court-procedures/local- rules. www.cacd.uscourts.gov 3 [email protected] 1 2 3 4 5 6 7 8 9 so in writing, and file and serve it on the opposing party. Jurisdiction: The Federal Rules of Civil Procedure require that “[a] pleading which sets forth a claim for relief . . . shall contain (1) a short and plain statement of the grounds upon which the court’s jurisdiction depends.” Fed. R. Civ. P. 8(a). This District’s Local Rules further provide that “[t]he statutory or other basis for the exercise of jurisdiction by this Court shall be plainly stated in . . . any document invoking this Court’s jurisdiction.” Local Rule 8-1. This is extremely important. Unlike state courts, federal courts are not courts of general jurisdiction, and can preside over only those matters authorized by the 10 Constitution and Congress. Bender v. Williamsport Area Sch. Dist., 475 U.S. 534, 11 541 (1986). In other words, the party filing the action must prove to the Court that 12 jurisdiction over the action exists before the Court can reach the merits of the 13 Complaint. See Smith v. McCullough, 270 U.S. 456, 459 (1926) (A “plaintiff, suing in 14 federal court, must show in his pleading, affirmatively and distinctly, the existence of 15 whatever is essential to federal jurisdiction.”). 16 Federal jurisdiction may be alleged either pursuant to 28 U.S.C. § 1331 for 17 actions “arising under the Constitution, laws, or treaties of the United States,” 18 otherwise known as “federal question” jurisdiction, or pursuant to 28 U.S.C. 19 § 1332(a)(1) for actions “between citizens of different States,” otherwise known as 20 21 “diversity” jurisdiction.3 To invoke the Court’s federal question jurisdiction, the complaint must identify 22 which right(s) the plaintiff(s) claim have been violated, and which law, statute, or 23 constitutional provision provides that right. See Keniston v. Roberts, 717 F.2d 1295, 24 1298 (9th Cir. 1983). 25 Diversity jurisdiction has two requirements. First, diversity jurisdiction 26 requires complete diversity of citizenship, that is, all plaintiffs must have a different 27 28 3 Diversity jurisdiction also exists in the less common circumstances involving parties who are subjects of a foreign state. 28 U.S.C. § 1332(a)(2)-(4) www.cacd.uscourts.gov 4 [email protected] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 citizenship from all defendants. See Owen Equipment and Erection Co. v. Kroger, 437 U.S. 365, 373 (1978). Residence and citizenship are distinct concepts, with significantly different jurisdictional ramifications: “[i]n order to be a citizen of a State within the meaning of the diversity statute, a natural person must both be a citizen of the United States and be domiciled within the State.” Newman-Green, Inc. v. Alfonzo- Larrain, 490 U.S. 826, 828 (1989). “A person’s domicile is her permanent home, where she resides with the intention to remain or to which she intends to return. A person residing in a given state is not necessarily domiciled there, and thus is not necessarily a citizen of that state.” Kanter v. Warner-Lambert Co., 265 F.3d 853, 857 (9th Cir. 2001) (citations omitted). Corporations are citizens of both their state of incorporation and the state in which they have their principal place of business. See 28 U.S.C. § 1332(c)(1); see also New Alaska Dev. Corp. v. Guetschow, 869 F.2d 1298, 1300-01 (9th Cir. 1989). Unincorporated associations are citizens of the states of each member. See Fifty Associates v. Prudential Ins. Co. of Am., 446 F.2d 1187, 1190 (9th Cir. 1970). Second, when jurisdiction is based on diversity of citizenship, district courts do not have original jurisdiction unless a party alleges an amount in controversy exceeding $75,000. See 28 U.S.C. § 1332(a). Finally, you should understand that it is insufficient for a party to merely claim 19 that jurisdiction exists. Sufficient facts must be alleged to allow the Court to assess 20 whether it has jurisdiction over the action. 21 Service: Service is the formal delivery of a legal pleading. The Federal Rules 22 of Civil Procedure have different requirements for service to be effective depending 23 on the type of entity to be served: service on an individual within the United States is 24 governed by Federal Rule of Civil Procedure 4(e); corporations and associations must 25 be served in conformity with Federal Rule of Civil Procedure 4(h); the United States 26 and its agencies must be served pursuant to Federal Rule of Civil Procedure 4(i); and 27 state and local governmental units require service under Federal Rule of Civil 28 Procedure 4(j). www.cacd.uscourts.gov 5 [email protected] 1 2 3 4 5 6 7 8 9 Time limits for service of the complaint are set forth in Federal Rule of Civil Procedure 4(m). It is important to promptly and properly serve the opposing party, especially with the summons and complaint when initiating an action, because failure to serve within the time limits specified by the Federal Rules will result in the dismissal of your action for lack of prosecution. You must always inform the Court whenever you serve a filing on an opposing party; this is done by filing a proof of service. See Fed. R. Civ. P. 4(l). Discovery: Discovery is the mechanism by which the parties to an action collect evidence relating to the case from one another. Certain information is 10 expected to be provided to the other side without a request. See Fed. R. Civ. P. 26(a). 11 If the other side seeks to obtain discovery from you, you must cooperate and provide 12 the information sought on “any matter, not privileged, that is relevant to the claim or 13 defense of any party and proportional to the needs of the case.” Fed. R. Civ. P. 14 26(b)(1). The principal forms of discovery envisioned by the Federal Rules are the 15 production and inspection of documents, requests for admission, depositions, and 16 17 18 interrogatories. See Fed. R. Civ. P. 27 through 36. Discovery disputes are resolved by the magistrate judge assigned to the action. See generally Local Rule 37. Discovery should begin early in the litigation and may commence prior to the 19 Scheduling Conference. 20 Motions: Motions are requests to the Court to make a specified ruling or order. 21 The opposing party may file a motion to dismiss your action, pursuant to Federal Rule 22 of Civil Procedure 12, or a motion for summary judgment pursuant to Federal Rule of 23 Civil Procedure 56. If the opposing party files and serves a motion on you, you must 24 oppose it if you disagree with the requested relief. Failure to oppose an otherwise 25 properly supported motion may result in the Court granting that motion. See 26 Local Rule 7-12. Depending on the motion, this may result in the dismissal of 27 your case. 28 www.cacd.uscourts.gov 6 [email protected] 1 2 3 4 5 6 7 8 9 To oppose a motion, you must present the Court with a statement explaining the basis of your opposition and the legal authority supporting your contentions. You must also file any evidence upon which you intend to base your opposition to a motion for summary judgment. Pursuant to Local Rule 7-9, your opposition is due not later than twenty-one (21) days before the date designated for hearing of the motion. If you need additional time to oppose the motion, you must file and serve an ex parte application requesting an extension of time prior to the date on which your opposition is due. You must demonstrate that the additional time you seek is warranted and that the requested extension is not a crisis of your creation, thus 10 precluding you from seeking ex parte relief. See Mission Power Eng’g Co. v. 11 Continental Cas Co., 883 F. Supp. 488, 492-93 (C.D. Cal. 1995). 12 Motion to Dismiss: A motion brought pursuant to Federal Rule of Civil 13 Procedure 12(b)(6) for failure to state a claim tests the legal sufficiency of the claims 14 asserted in the complaint. A dismissal under Rule 12(b)(6) is proper only where there 15 is either a “lack of a cognizable legal theory,” or “the absence of sufficient facts 16 alleged under a cognizable legal theory.” Balistreri v. Pacifica Police Dept., 901 F.2d 17 696, 699 (9th Cir. 1990). The Court will grant the motion only if it appears that the 18 plaintiff can prove no set of facts that would entitle him to relief. See Conley v. 19 Gibson, 355 U.S. 41, 45-46 (1957). When evaluating a Rule 12(b)(6) motion, the 20 21 22 23 24 25 26 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 27 578, 583 (9th Cir. 1983). 28 www.cacd.uscourts.gov 7 [email protected] 1 2 3 4 5 6 7 8 9 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 Federal Rule of Civil Procedure 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 entry of summary judgment against you. You should also note that Rule 56(c)(4) requires that affidavits or declarations shall be made on personal knowledge, set forth facts that are admissible as evidence, and show affirmatively that 10 the affiant is competent to testify to the matters stated therein. Should you fail to 11 12 contradict the moving party with counter-affidavits, declarations or other evidence, the moving party’s evidence may be taken as the truth, and final 13 judgment may be entered against you without a trial, thus ending your case. See 14 Rand v. Rowland, 154 F.3d 952, 960-61 (9th Cir. 1998). 15 To effectively address a summary judgment motion, you should be aware of, 16 and familiar with, the following United States Supreme Court cases on summary 17 judgment: Celotex v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 18 477 U.S. 242 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 19 (1986). 20 PRO SE CLINIC: The Court may not provide advice to any party, including 21 pro se litigants. However, this District does have a “Pro Se Clinic” that can provide 22 information and assistance about many aspects of civil litigation in this Court. Public 23 Counsel’s Federal Pro Se Clinic provides free legal assistance to people representing 24 themselves in the United States District Court for the Central District of California. 25 The Pro Se Clinic is located at the Roybal Federal Building and Courthouse, 255 East 26 Temple Street, Los Angeles, California 90012. 27 The Los Angeles Clinic operates by appointment only. You may schedule an 28 appointment either by calling the Clinic or by using an internet portal. You can call www.cacd.uscourts.gov 8 [email protected] 1 2 3 4 5 6 7 8 9 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 schedule a telephonic appointment. Staff can also schedule you for an in-person appointment at their location in the Roybal Federal Building and Courthouse. The Court has information of importance to pro se litigants at the “People Without Lawyers” link, http://prose.cacd.uscourts.gov/. ELECTRONIC DOCUMENT SUBMISSION SYSTEM (EDSS): The 10 Clerk’s Office has created the Electronic Document Submission System (EDSS) 11 which will allow pro se litigants to submit documents for filing through an online 12 portal, in lieu of submission by U.S. mail or in-person at Civil Intake. EDSS is a 13 document delivery system; documents submitted through EDSS are not automatically 14 uploaded on CM/ECF. Pro se litigants may submit documents in PDF format for 15 review and filing by the Clerk’s Office. For more information and to access EDSS, go 16 to https://apps.cacd.uscourts.gov/edss. 17 Pro se litigants may also apply to the Court for permission to electronically file. 18 Form CV-005 is available at http://www.cacd.uscourts.gov/forms/application- 19 permission-electronic-filing. The Court’s website home page is http://www.cacd.uscourts.gov. IT IS SO ORDERED: Dated: [DATE] _____________________________________ HON. JOSEPHINE L. STATON United States District Judge REVISED: September 12, 2023 20 21 22 23 24 25 26 27 28 www.cacd.uscourts.gov 9 [email protected]

=== Order Re Criminal Proceedings 09 12 23 ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Case No. 0:00-CR-00000 JLS Plaintiff, v. , Defendant(s). ORDER RE CRIMINAL PROCEEDINGS The above matter is set for trial before the Honorable Josephine L. Staton, United States District Judge, Courtroom 8A, First Street Courthouse, 350 West 1st Street, Los Angeles, California. Counsel shall comply with this Order. Failure to comply with this Order may subject counsel to sanctions. Judge Staton’s Procedures web page is incorporated in this Order. The parties and counsel are ORDERED to review and comply with the Court’s applicable procedures and notices, which may be accessed at: http://www.cacd.uscourts.gov/honorable-josephine-l-staton In Local Criminal Rule 57-1, the Local Civil Rules are made “applicable directly or by analogy.” www.cacd.uscourts.gov 1 [email protected] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MOTION PRACTICE 1. Conference of counsel. No fewer than three days prior to the filing of any criminal motion, counsel must confer to determine whether the parties are in agreement regarding the issue(s) to be presented to the Court, and to determine if the scope of issue(s) to be presented to the Court can be narrowed. In the notice of motion, the moving party shall report to the Court that counsel conferred regarding the substance of the motion. 2. Limitations on Briefing. Limitations on the length of briefs are specified in Local Civil Rule 11-6.1. A certification of compliance is required as set forth in Local Rule 11-6.2. In addition, because reply briefs should by their nature be shorter than motion and opposition briefs, the Court imposes an additional limitation on reply briefs, limiting those to 4,200 words rather than 7,000 words. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations. No supplemental briefs may be filed without prior leave of court. 3. Hearing Time Estimates Required. For all motions, counsel’s estimate of the time required for presentation of the motion must be set forth adjacent to the caption. Opposition briefs shall also set forth a time estimate. 4. Hearing Date(s) for Pretrial Criminal Motions. Counsel are encouraged to file their pretrial motions as early as feasible. At the latest, all pretrial motions in criminal cases, including motions in limine, must be noticed for hearing at the pretrial status conference, which is set by the CRD for the Friday morning eleven (11) days in advance of trial. However, pretrial motions may be heard at an earlier date, and counsel are encouraged to file them at an earlier date. For all motions to be heard prior to the pretrial status conference, counsel shall contact the Courtroom Deputy Clerk (“CRD”) in advance to clear a date and time for the hearing. 5. Briefing Schedule for Pretrial Motions. The briefing schedule shall www.cacd.uscourts.gov 2 [email protected] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 be that specified in Local Rules 6-1, 7-9, and 7-10, which require that motions be filed no fewer than twenty-eight (28) days in advance of the hearing, and that opposition and reply briefs be filed twenty-one (21) and fourteen (14) days in advance of the hearing, respectively. 6. Discovery Motions. Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain whether the requested discovery will be provided. All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery has been requested from opposing counsel, and whether the discovery has been declined, in whole or in part. Motions made without prior consultation with opposing counsel or that fail to include the above information may be stricken. DISCOVERY AND NOTICE 7. Duty to Produce and Disclose. Counsel for the government and counsel for the defendant shall comply promptly with discovery and notice pursuant to Federal Rules of Criminal Procedure 12, 12.1, 12.2, 12.3, 15 and 16. Upon government counsel’s discovery of any evidence within the scope of Brady v. Maryland, 373 U.S. 83 (1963), such evidence shall be produced forthwith to counsel for the defendant. Counsel for the government shall also disclose to counsel for the defendant the existence or non-existence of: (1) evidence obtained by electronic surveillance; and (2) testimony by a government informant. Counsel for the defendant shall comply with the reciprocal discovery deadlines when the duty to do so has arisen. See Fed. R. Crim. P. 16(b). Until such time as a Local Rule fixes another deadline, the parties may jointly propose by stipulation or may by ex parte application seek specific deadlines pursuant to Federal Rule of Criminal Procedure 16(a)(1)(G)(ii) and (b)(1)(C)(ii), relating to the government’s and defendant’s expert disclosure requirements. In the absence of a Local Rule or case-specific deadline, the www.cacd.uscourts.gov 3 [email protected] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 government’s deadline shall be six weeks in advance of trial, and the defendant’s deadline shall be four weeks after the government’s disclosure. TRIAL 8. Trial Schedule. Trials will commence on Tuesday and continue on Wednesday and Thursday. If the trial is more than 3 days, it will continue Monday through Thursday until completed. Trial hours are from 9:00 a.m. to 12:00 p.m., and 1:30 p.m. to 4:30 p.m., with a 15-minute break during each session. All counsel shall arrive at the Courtroom at 8:30 a.m. on the first day of trial. 9. Government’s Witness List, Exhibit List, and Exhibits. No later than the first day of trial, Government counsel shall provide the CRD with the following: a. b. c. Five copies of the government’s witness list; Five copies of the government’s exhibit list; Binders containing the government’s original exhibits, separated by divider tabs containing exhibit numbers. Specifically, counsel must deliver two sets for the Court (one for the bench and one for the witness stand (which will be submitted to the jury after trial , and a set for defense counsel. Additionally, before each witness takes the stand, Government counsel shall provide the CRD with: d. A separate binder for each witness that contains only those exhibits the government expects to use when examining each witness. Specifically, counsel must provide a copy for the witness, a copy for the Court, and a copy for defense counsel. The witness binders will not be provided to the jury. 10. Defense Witness List and Exhibits. Defense counsel need not deliver their exhibits to the CRD on the first day of trial; however, defense counsel is responsible for affixing completed exhibit tags to the original of each exhibit they intend to introduce during the trial, and for providing government counsel www.cacd.uscourts.gov 4 [email protected] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 with one copy and the CRD with two copies of each exhibit. Defense counsel must also prepare witness binders, described above. If defense counsel intends to call witnesses other than the defendant, five copies of defendant’s witness list shall be provided to the CRD prior to the start of defendant’s case. 11. Exhibit Tags. All exhibits presented to the Court by either side shall have the Court’s official exhibit tags attached to the lower right-hand corner of the first page of each exhibit. All exhibits longer than one page shall be internally paginated in the lower right-hand corner. 12. Voir Dire. At least four (4) court days prior to trial, each counsel shall file and serve on opposing counsel any special questions requested to be put to prospective jurors by the Court during voir dire. Counsel will be given a brief period of time, usually approximately ten to fifteen minutes, to ask follow-up questions of the prospective jurors. 13. Summary of the Indictment. In any case in which reading the entire indictment to the jury during voir dire would be inappropriate, at least four (4) court days prior to trial, the parties shall file a summary of the indictment that may be read by the Court in lieu of the indictment. The summary should be agreed upon by all parties. If the parties cannot agree on a summary of the indictment, they should advise the Court in a joint filing. 14. Jury Instructions and Verdict Forms. In a jury trial, no later than one (1) week before trial, counsel shall submit JOINT jury instructions and a JOINT proposed verdict form (if a special verdict is desired). In order to prepare these joint documents, counsel shall meet and confer sufficiently in advance of the required submission date with the goal of agreeing upon instructions and a verdict form. The instructions should be submitted in the order in which the parties wish to have the instructions read. This order should reflect a single organized sequence agreed to by all of the parties. The jury instructions shall be submitted as follows: www.cacd.uscourts.gov 5 [email protected] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. b. Agreed upon JOINT jury instructions; Instructions propounded by the government to which the defendant(s) objects; and c. Instructions propounded by defendant(s) to which the government objects. Instructions upon which agreement cannot be reached should reflect the basic disagreements among the parties as to the law. Counsel shall include both general and substantive instructions. In addition, counsel must email all proposed instructions in Microsoft Word format to the Court at the following email address: [email protected]. Attribution and case citation for each instruction should be placed on pages following a proposed instruction. For disputed instructions, a party should note its objections to a proposed instruction and its reasons for putting forth its alternative on pages placed after its own alternative instruction. SENTENCING PROCEEDINGS 15. If a defendant is convicted, the sentencing proceedings will be conducted pursuant to Federal Rule of Criminal Procedure 32 and the Local Rules. If any party wishes to present material to the Court which has (a) not been previously filed with the Court or presented at trial, or (b) not been previously provided to the opposing party and the assigned United States Probation Officer, such party must file and serve the information or evidence no later than two (2) weeks before the scheduled sentencing hearing. Notwithstanding the foregoing, a statement of each party’s position concerning sentencing shall be filed and served no later than two (2) weeks before the sentencing hearing, and the proof of service shall reflect service on the assigned United States Probation Officer. Timely filing is important to enable the Probation Officer sufficient time to prepare and disclose any addendum to the www.cacd.uscourts.gov 6 [email protected] Probation Report that may be required in response to new information and/or evidence and/or a party’s sentencing position. Failure to timely file and serve such information, evidence, or statement of position may result in such information not being considered by the Court in imposing defendant’s sentence. Absent leave of Court based upon a showing of good cause, the Court does not permit submission or playing of sentencing videos. IT IS SO ORDERED. DATED: Revised: September 12, 2023 JOSEPHINE L. STATON 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 www.cacd.uscourts.gov 7 [email protected]

=== Order Setting Scheduling Conference w Exhibit A - 09 19 23 ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No.: SACV - JLS(XXXx) ORDER SETTING SCHEDULING CONFERENCE FOR [HEARING DATE] 10:30 A.M., COURTROOM 8A, FIRST STREET COURTHOUSE Plaintiff/s, v. Defendant/s. Judge Staton’s Procedures web page is incorporated in this Order. The parties and counsel are ORDERED to review and comply with those procedures and notices, which may be accessed at: http://www.cacd.uscourts.gov/honorable-josephine-l-staton This case has been assigned to Judge Josephine L. Staton. If plaintiff has not already served the complaint (or any amendment thereto) on all defendants, plaintiff shall promptly do so and shall file proofs of service within three (3) days thereafter. Defendants also shall timely serve and file their responsive pleadings and file proofs of service within three days thereafter. This case is set for a scheduling conference under Federal Rule of Civil Procedure 16(b) on the date and time stated in the caption of this Order, in www.cacd.uscourts.gov 1 [email protected] 1 Courtroom 8A of the First Street Courthouse, 350 West 1st Street, Los Angeles, 2 California. Unless excused for good cause shown in advance of the scheduling 3 4 5 6 7 8 9 conference, lead counsel shall appear at the scheduling conference and at all pretrial hearings fully informed concerning the facts of the case. If the Court determines that a Scheduling Order can be issued based on the Joint Rule 26(f) Report, the scheduling conference will be vacated. Attached to this Order, as Exhibit A, are the Court’s presumptive dates. Parties wishing to deviate from this schedule shall provide the Court with 10 reasons for each suggested change. A Joint Rule 26(f) Report that is filed 11 without a fully completed Exhibit A will be rejected by the Court and may subject 12 the parties to sanctions. 13 14 In civil cases, the Court defers setting a trial date and an exhibit conference 15 date until the parties appear for the Final Pretrial Conference. The parties are 16 expected to address these issues at the Final Pretrial Conference; therefore, the 17 parties are directed to confer before the Final Pretrial Conference to identify 18 mutually agreeable trial date(s) within the 90 days following the Final Pretrial 19 Conference. Where the Court’s trial calendar permits, the Court will set the trial 20 for a date agreed upon by the parties. 21 22 23 1. Joint Rule 26(f) Report As provided in Fed. R. Civ. P. 26(f), the parties shall meet at least 21 days 24 before the scheduling conference and file a Joint 26(f) Report (“Report”) no later 25 than 14 days before the date set for the scheduling conference. The Report shall be 26 drafted by plaintiff (unless the parties agree otherwise), but shall be submitted and 27 signed jointly. “Jointly” contemplates a single report, regardless of how many 28 separately represented parties there are. www.cacd.uscourts.gov 2 [email protected] 1 The Report shall discuss the issues described below. Counsel are to ensure 2 that their discussions of these issues fully address the topics identified by Federal 3 4 5 6 7 8 9 Rule of Civil Procedure 26(f)(3)(A)-(F) and Local Rule 26-1(a)-(f). a. Statement of the case: a short synopsis (not to exceed two pages) of the main claims, counterclaims, and affirmative defenses. b. Legal issues: a brief description of the key legal issues, including any unusual substantive, procedural, or evidentiary issues. c. d. Damages: the realistic range of provable damages. Insurance: whether there is insurance coverage, the extent of 10 coverage, and whether there is a reservation of rights. 11 e. Motions: a statement of the likelihood of motions seeking to 12 add other parties or claims (see Local Rule 26-1(e , file amended pleadings, to 13 dismiss for lack of jurisdiction, or to transfer venue. 14 f. Complexity: a discussion regarding the complexity of the 15 case, and whether all or part of the procedures of the Manual for Complex 16 Litigation should be utilized. See Local Rule 26-1(a). 17 g. Status of Discovery: a report regarding the current status of 18 discovery, including whether initial disclosures have been made and a summary of 19 any completed discovery. 20 h. Discovery Plan: The parties must set forth a detailed discovery 21 plan that discusses all the Federal Rule of Civil Procedure 26(f)(3)(A)-(F) topics, 22 including topics related to initial disclosures, the anticipated subjects of discovery, 23 the time needed for discovery, issues related to electronically stored information 24 (“ESI”), issues related to privileged materials, whether changes to limitations on 25 discovery should be made, issues related to protective orders, and any other Rule 26 16(b) or 16(c) issues. The parties must propose a discovery cutoff date for the 27 completion of fact discovery. 28 www.cacd.uscourts.gov 3 [email protected] 1 i. Expert Discovery: The parties shall discuss the timing of 2 expert disclosures and discovery. See Fed. R. Civ. P. 26(a)(2); Local Rule 26-1(f). 3 4 5 6 7 8 9 j. Dispositive motions: The parties shall set forth a description of the issues or claims that any party believes may be determined by motion for summary judgment or partial summary judgment. See Local Rule 26-1(b). k. Alternative Dispute Resolution (“ADR”) Procedure Selection: The parties must select either ADR Procedure No. 2 (Court Mediation Panel) or ADR Procedure No. 3 (private mediation); ADR Procedure No. 1 (conference with the magistrate judge) may not be selected by the parties. See 10 generally General Order 11-10, § 5.1; Local Rule 26-1(c). For more information 11 about the Court’s ADR Program, please visit the “ADR” section of the Court 12 website, http://www.cacd.uscourts.gov. 13 l. Settlement Efforts: Without disclosing the substance of the 14 communications, the parties shall advise the Court regarding whether they have 15 discussed settlement or had written communications regarding settlement. The 16 parties are advised that no case will proceed to trial unless all parties, including the 17 principals of all corporate parties, have appeared personally at a mediation. 18 m. Preliminary Trial Estimate: The parties must provide a 19 realistic estimate of the time required for trial. See Local Rule 26-1(d). The 20 parties’ estimate is for planning purposes only; the Court may allot fewer days for 21 trial. The parties shall specify whether trial will be by jury or to the Court, and 22 each side must specify the number of witnesses it expects to call. 23 24 case. 25 n. Trial counsel: the name(s) of the attorney(s) who will try the o. Independent Expert or Master: The parties must advise the 26 Court whether this is a case in which a master pursuant to Federal Rule of Civil 27 Procedure 53 or an independent scientific expert should be appointed. The 28 appointment of a master may be appropriate if there are likely to be substantial www.cacd.uscourts.gov 4 [email protected] 1 discovery disputes, numerous claims to be construed in connection with a 2 summary judgment motion, a lengthy Daubert hearing, or resolution of a difficult 3 computation of damages. 4 5 6 7 8 9 10 11 12 p. 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, discovery in foreign jurisdictions, etc.) and any proposals concerning severance, bifurcation, or other ordering of proof. 2. Notice to be Provided by Counsel Plaintiff’s counsel shall provide this Order to any parties who first appear 13 after the date of this Order and to parties who are known to exist but have not yet 14 entered appearances. If plaintiff is appearing pro se, but defendant is represented 15 by counsel, defendant’s counsel shall provide this notice. 16 17 18 3. Disclosures to Clients Counsel are ordered to deliver to their respective clients a copy of this 19 Order, the Court’s trial order, and the Scheduling Order. 20 21 22 4. Class Actions The parties are directed to the portion of Judge Staton’s Procedures web 23 page (http://www.cacd.uscourts.gov/honorable-josephine-l-staton) regarding class 24 action scheduling issues. As explained in further detail on the web page, the 25 parties are directed to discuss class action scheduling issues in their Joint Rule 26 26(f) Report. 27 28 www.cacd.uscourts.gov 5 [email protected] 1 2 3 4 5 6 7 8 9 5. Utility Patent Cases a. Presumptive Schedule and Exhibit B: In patent cases, the Court intends generally to follow the Northern District of California Patent Local Rules. However, the Court’s presumptive schedule differs from that set forth in the Northern District Rules and, where it does, the Court’s presumptive schedule controls. In patent cases, counsel should review, prepare, and attach the Court’s Joint Rule 26(f) Report utility patent-specific Exhibit B (in lieu of the Exhibit A). Exhibit B is available on Judge Staton’s Procedures web page. b. Technology Tutorial: Because the Court may be unfamiliar with 10 the technology underlying many litigated patents, the parties should consider the 11 most efficient and effective manner in which to educate the Court regarding that 12 technology. Counsel must file a joint status report setting forth their proposal(s) no 13 later than 60 days in advance of the claim construction hearing. If the Court deems 14 it appropriate, the Court will schedule an in-Court technology tutorial or make 15 other appropriate orders. Counsel are strongly encouraged to present any 16 educational materials in a manner that is free of advocacy and unencumbered by 17 each side’s respective litigation position(s). 18 The Court thanks the parties and their counsel for their anticipated 19 cooperation in complying with the requirements set forth in this Order. 20 IT IS SO ORDERED. 21 Dated: JOSEPHINE L. STATON United States District Judge Revised: September 12, 2023 22 23 24 25 26 27 28 www.cacd.uscourts.gov 6 [email protected] EXHIBIT A PROPOSED SCHEDULE OF PRETRIAL AND TRIAL DATES CASE NAME: CASE NO: Matter Deadline Plaintiff(s) Request Defendant(s) Request Last Day to File Motions to Add Parties and Amend Pleadings Scheduling Conference Date plus 8 weeks Fact Discovery Cut-Off Last Day to File Motions (except Daubert and all other Motions in Limine) Depending on case complexity, generally a Friday between 6-9 months after the Scheduling Conference 2 weeks after Fact Discovery Cut-Off Last Day to Serve Initial Expert Reports 2 weeks after Fact Discovery Cut-Off Last Day to Serve Rebuttal Expert Reports 6 weeks after Fact Discovery Cut-Off Last Day to Conduct Settlement Proceedings 9 weeks after Fact Discovery Cut-Off Expert Discovery Cut-Off Last Day to file Daubert Motions: Last Day to File Motions in Limine: Final Pre-Trial Conference (Friday at 10:30 a.m.) 10 weeks after Fact Discovery Cut-Off 1 week after Expert Discovery Cut-Off 4 weeks before the FPTC 22 weeks after Fact Discovery Cut-Off Revised: September 19, 2023 www.cacd.uscourts.gov 7 [email protected]

=== Patent Cases Exhibit B - REVISED 08 31 2022 ===

EXHIBIT B PROPOSED SCHEDULE OF PRETRIAL AND TRIAL DATES IN UTILITY PATENT CASES ASSIGNED TO THE HON. JOSEPHINE L. STATON Plaintiff(s) Request Defendant(s) Request CASE NAME: CASE NO: Matter Deadline Disclosure of Asserted Claims and Infringement Contentions and Document Production Accompanying Disclosure (N.D. Patent L.R. 3-1(a)-(h) to 3-2(a)- (e . Scheduling Conference Date plus fourteen (14) days (N.D. Patent L.R. 3-1 and 3-2). Last Day to File Motions to Add Parties and Amend Pleadings Scheduling Conference Date plus sixty (60) days. Disclosure of Invalidity Contentions and Production Accompanying Invalidity Contentions1 (N.D. Patent L.R. 3- 3(a)-(d) to 3-4(a)-(b . Deadline for Infringement Contentions Disclosure plus forty-nine (49) days (adapted from N.D. Patent L.R. 3-3). Exchange of Proposed Terms for Construction (N.D. Patent L.R. 4- 1(a)-(b . Exchange of Preliminary Claim Constructions and Extrinsic Evidence (N.D. Patent L.R. 4- 2(a)-(c). Deadline for Invalidity Contentions Disclosure plus fourteen (14) days2 (N.D. Patent L.R. 4-1). Exchange of Proposed Terms for Construction plus fourteen (14) days (adapted from N.D. Patent L.R. 4-2). Damages Contentions and Accompanying Document Production (N.D. Patent L.R. 3-8) Deadline for Invalidity Contentions Disclosure plus forty-nine (49) days. 1 In a declaratory judgment action in which a party files a pleading seeking declaratory judgment that a patent is invalid, and where the parties anticipate that no claim or counterclaim of infringement will be asserted (in this or any other proceeding), the parties shall alter their proposed dates in accordance with N.D. Patent L.R. 3-5. 2 Similarly, in any action in which patent validity is not expected to be at issue, the parties shall alter their proposed dates in accordance with N.D. Patent L.R. 4-1(a). 1 EXHIBIT B PROPOSED SCHEDULE OF PRETRIAL AND TRIAL DATES IN UTILITY PATENT CASES ASSIGNED TO THE HON. JOSEPHINE L. STATON CASE NAME: CASE NO: Joint Status Report Regarding Technology Tutorial Completion of Claim Construction Discovery3 (N.D. Patent L.R. 4-4.) Sixty (60) days in advance of the Claim Construction Hearing (Order Setting Scheduling Conference). Exchange of Preliminary Claim Constructions and Extrinsic Evidence plus twenty-eight (28) days.4 Joint Claim Construction and Prehearing Statement (N.D. Patent L.R. 4-3(a)-(e . Completion of Claim Construction Discovery plus seven (7) days. Opening Claim Construction Briefs5 Responsive Damages Contentions (N.D. Patent L.R. 3-9) Responsive Claim Construction Briefs Claim Construction Hearing Deadline for filing of Joint Claim Construction and Prehearing Statement plus seven (7) days. Deadline for Damages Contentions plus thirty-one (31) days. Deadline for filing of Opening Claim Construction Briefs plus fourteen (14) days. Twenty-five (25) days after the Responsive Brief Deadline (set for Tuesday at 9:00 a.m.). 3 As is implicit in the Northern District Rules, Claim Construction Discovery includes expert discovery addressing issues related to claim construction. 4 The Court’s procedure deviates from the Northern District Rules by deferring the filing of the Prehearing Statement until after the Completion of Claim Construction Discovery. (Cf. N.D. Patent L.R. 4-3.) 5 The Northern District Rules contemplate the filing of an opening brief, a responsive brief, and a reply brief. The Court’s procedure deviates from that practice and instead sets a schedule for the filing of simultaneous opening and responsive briefs. 2 EXHIBIT B PROPOSED SCHEDULE OF PRETRIAL AND TRIAL DATES IN UTILITY PATENT CASES ASSIGNED TO THE HON. JOSEPHINE L. STATON CASE NAME: CASE NO: Claim Construction Ruling Date Production Related to Reliance Upon Advice of Counsel (N.D. Patent L.R. 3-7(a)-(c).) Fact Discovery Cut-Off Last Day to Serve Initial Expert Reports (unrelated to claim construction). Last Day to File Motions (Except Daubert and all other Motions in Limine). Last Day to Serve Rebuttal Expert Reports (unrelated to claim construction). Last Day to Conduct Settlement Proceedings. Projected as 94 days (approximately three months) after the hearing. The actual date is likely to vary and may be earlier or later. Thirty-two (32) days after the projected Claim Construction Ruling Date (adapted from N.D. Patent L.R. 3-7). Approximately one (1) month after the deadline for the Production Related to Reliance on Advice of Counsel and 18 weeks before the Final Pretrial Conference (“FPTC”). 16 weeks before the FPTC. 16 weeks before the FPTC. 12 weeks before the FPTC. 9 weeks before the FPTC. Expert Discovery Cut-Off. 8 weeks before the FPTC. Last Day to File Daubert Motions. Last Day to File Motions in Limine (excluding Daubert Motions). 7 weeks before the FPTC. 4 weeks before the FPTC. 3 EXHIBIT B PROPOSED SCHEDULE OF PRETRIAL AND TRIAL DATES IN UTILITY PATENT CASES ASSIGNED TO THE HON. JOSEPHINE L. STATON CASE NAME: CASE NO: Final Pre-Trial Conference (Friday at 10:30 a.m.). Revised: August 31, 2022 4

=== Civil Trial Order rev 09 12 23 ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No.: CV - JLS(XXXx) CIVIL TRIAL ORDER Plaintiff/s, v. Defendant/s. PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to the calendar of Judge Josephine L. Staton. Both the Court and counsel bear responsibility for the progress of this litigation in federal court. To “secure the just, speedy, and inexpensive determination” of this case, as called for in Federal Rule of Civil Procedure 1, all parties or their counsel are ordered to become familiar with the Federal Rules of Civil Procedure, the Local Rules of the Central District of California, and this Court’s Orders. www.cacd.uscourts.gov 1 [email protected] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 THE COURT ORDERS AS FOLLOWS: Judge Staton’s Procedures web page is incorporated in this Order. The parties and counsel are ORDERED to review and comply with those procedures and notices, which may be accessed at: http://www.cacd.uscourts.gov/honorable-josephine-l-staton I. SCHEDULING A. Deadline for Adding Parties: The last day to file a motion to join other parties or to amend the pleadings is specified in the Scheduling Order. All unserved parties shall be dismissed no later than the date set for the Final Pretrial Conference. B. Motions for Summary Judgment or Partial Summary Judgment: Motions for Summary Judgment or Partial Summary Judgment shall be filed no later than the last day for filing motions, as set forth in the Scheduling Order. C. Fact Discovery Cut-Off Date: The Scheduling Order establishes a cut-off date for discovery in this action. This is not the date by which discovery requests must be served; it is the date by which all discovery is to be completed. In accordance with Federal Rule of Civil Procedure 16(b)(4), the Court will not approve stipulations between counsel that permit responses to be served after the cut-off date unless the parties show 17 good cause. D. Discovery Motions: Any motion regarding the inadequacy of responses to discovery must be filed and served not later than ten (10) days after the discovery cut-off date. 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 strictly adhere to the Civility and Professional Guidelines adopted by the United States District Court for the Central District of California. E. Expert Discovery: The Court sets a separate expert discovery cut-off date. II. FINAL PRETRIAL CONFERENCE This case has been placed on calendar for a Final Pretrial Conference pursuant to 18 19 20 21 22 23 24 25 26 27 28 www.cacd.uscourts.gov 2 [email protected] Federal Rule of Civil Procedure 16. Strict compliance with the requirements of the Federal Rules of Civil Procedure and the Local Rules is mandatory. Counsel shall lodge carefully prepared Memoranda of Contentions of Fact and Law (which may also serve as the trial briefs) and a (Proposed) Final Pretrial Conference Order in accordance with the provisions of Local Rules 16-4 and 16-7. The Memoranda of Contentions of Fact and Law will be served no later than twenty-one (21) calendar days before the Final Pretrial Conference. See Local Rule 16-4. The (Proposed) Final Pretrial Conference Order shall be lodged no later than eleven (11) calendar days before the Final Pretrial Conference. See Local Rule 16-7. The form of the (Proposed) Final Pretrial Conference Order shall be in conformity with the form set forth in Appendix A to the Local Rules. Counsel are directed to email to the Court a Microsoft Word version of the (Proposed) Final Pretrial Conference Order on the date it is lodged. III. TRIAL PREPARATION The Court ORDERS that all counsel comply with the following in their preparation for trial: A. Daubert Motions: The deadline for Daubert motions is generally one week after the close of expert discovery. A different deadline may be set by the Court in the Scheduling Order. Daubert motions are to be noticed for hearing on the first available civil motions hearing date. If no dates are available before the Final Pretrial Conference, then Daubert motions may be set for the same date and time as the Final Pretrial Conference. B. Motions in Limine: Motions in limine must be filed no later than twenty- eight (28) days in advance of the Final Pretrial Conference. Generally, they are to be noticed for hearing at the time and date of the Final Pretrial Conference. They may be noticed for hearing at an earlier date. The purpose of these motions is to alert the Court to significant evidentiary issues that can be addressed and resolved prior to trial. All 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 www.cacd.uscourts.gov 3 [email protected] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 motions in limine must be filed and served in compliance with Local Rule 6-1, and the briefing schedule is that specified in Local Rules 7-9 through 7-10. Procedure 7 from Judge Staton’s web page, related to length and format of motions, applies to motions in limine, except that motions in limine (and oppositions thereto) are limited to 2,800 words. Reply briefs, if they are filed at all, must be limited to 2,100 words. Each side is limited to four motions in limine and each motion shall not be compound; i.e., each motion shall address only one item of evidence or witness or, if common grounds for exclusion or admission apply to multiple items of evidence or witnesses, only one category of evidence or witnesses. A party seeking to file more than four motions in limine must request leave of court to do so. The meet-and-confer requirement of Local Rule 7-3 applies. Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion. Motions in limine should address specific issues rather than broad topics. For instance, a party should not move “to exclude all hearsay.” Motions in limine should not be disguised motions for summary adjudication 17 of issues. C. Statement of the Case (Jury Trials): Counsel will prepare a joint statement of the case which may be read by the Court to the prospective panel of jurors prior to the commencement of voir dire. The statement should not be more than two or three paragraphs. The statement will be filed with the Court five (5) court days before the Final Pretrial Conference. D. Voir Dire (Jury Trials): At least five (5) court days before the Final Pretrial Conference, each counsel shall file with the Court any special questions requested to be put to prospective jurors on voir dire. Counsel will be given a brief period of time, usually approximately ten to fifteen minutes, to ask follow-up questions of the prospective jurors. 18 19 20 21 22 23 24 25 26 27 28 www.cacd.uscourts.gov 4 [email protected] E. Witness List: The witness list will be filed no later than five (5) court days prior to the Final Pretrial Conference. Counsel are to submit the names of the witnesses in the order that they are expected to testify, and provide, to the extent possible, an accurate estimate of the time needed for each witness for direct, cross, redirect and re- cross. Counsel will also provide a brief summary of each witness’ testimony. If more than one witness is offered on the same subject, the summary should be sufficiently detailed to allow the Court to determine if the testimony is cumulative. A joint witness list will be prepared in compliance with the example below and Local Rule 16-5. JOINT WITNESS LIST Case Name: Case Number: No. of Witness Witness Name Party Calling Witness and Estimate X- Examiner’s Estimate Description of Testimony Comments Instructions for Witness List (1) List witnesses (last name first); (2) for description, be extremely brief, e.g., “eyewitness to accident,” or “expert on standard of care”; (3) use estimates within fractions of an hour, rounded off to closest quarter of an hour (e.g., 25 minutes becomes .5 hour, and 45 minutes would be .75 hour); (4) note special considerations in “Comments” column (e.g., “needs interpreter”); and (5) entries may be in handwriting only if the handwriting is very neat and legible. F. Jury Instructions and Verdict Form(s): In a jury trial, jury instructions and special verdict form(s) are to be filed no later than five (5) court days prior to the Final Pretrial Conference. The parties are to meet and confer sufficiently in advance of the required filing deadline to prepare joint jury instructions. The instructions should be submitted in the order in which the parties wish to have the instructions read. 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 www.cacd.uscourts.gov 5 [email protected] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 should reflect a single organized sequence agreed to by all of the parties. In the event that agreement cannot be reached, counsel will file instructions in the following format: (1) the agreed-upon instructions; (2) the instructions proposed by plaintiff and opposed by defendant; and (3) the instructions proposed by defendant and opposed by plaintiff. In addition, counsel must submit electronic versions (in Microsoft Word format) to the Court at the following email address: [email protected] Instructions upon which agreement cannot be reached should reflect the basic disagreements among the parties as to the law. For disputed instructions, a party should note its objections to a proposed instruction and its reasons for putting forth its alternative on pages placed after its own alternative instruction. G. Exhibits and Exhibit Conference: 1. Joint Exhibit List: A joint exhibit list shall be prepared in compliance with the example below and Local Rule 16-6.1. JOINT EXHIBIT LIST Case Name: Case Number: No. of Exhibit Description Stip. to Authen. Stip. to Admiss. Date Identified Date Admitted The joint exhibit list shall contain the information required by Federal Rule of Civil Procedure 26(a)(3)(A). The joint exhibit list will be filed no later than five (5) court days prior to the Final Pretrial Conference, and the parties are to meet and confer sufficiently in advance of the required filing deadline to prepare the joint exhibit list. As part of the meet and confer process, counsel will stipulate so far as is possible as to foundation, waiver of the best evidence rule, and to those exhibits which may be received into evidence at the start of trial. The exhibits to be so received will be noted on the extra www.cacd.uscourts.gov 6 [email protected] copies of the exhibit lists. 2. Exhibit Preparation: All exhibits will be placed in 3-ring loose-leaf binders, in numerical order, with divider tabs containing exhibit numbers. The exhibits are to be numbered in accordance with Local Rule 26-3. The face and spine of the notebooks are to be marked with the case name and number, the numbers of the exhibits contained therein, and the volume number. The parties shall prepare two sets of exhibit binders for the Court, and another set of binders for the opposing party. Both sets must be brought to the Exhibit Conference. The sets must be prepared and organized as follows: The exhibits shall have the appropriate exhibit tag affixed to the lower right-hand corner of the first page of each original exhibit. Exhibits consisting of more than one page shall be internally paginated in the lower right-hand corner, displaying both the exhibit number and the page number. The exhibits shall be separated by tabs that indicate their exhibit numbers. The parties must also prepare individual witness binders: One for the Court; one for the opposing party; and one for the witness. Witness binders are to include only those exhibits that will be used when a particular witness testifies. The name of the witness should appear on the binder, and exhibits must be in numerical order and tabbed so that the witness, the Court, and the opposing party may easily access each exhibit as the witness’s testimony proceeds. Witness binders are used for the convenience of the witness, the Court, and the parties. As such, they need not be given to the Courtroom Deputy Clerk (“CRD”) or the opposing side until each witness is called. 3. Exhibit Conference: AN EXHIBIT CONFERENCE REQUIRING THE ATTENDANCE OF TRIAL COUNSEL WILL BE HELD AT 3:30 P.M. ON THE FRIDAY BEFORE THE SCHEDULED TRIAL DATE IN COURTROOM 8A, UNLESS THE COURT ORDERS OTHERWISE. Exhibits are to be submitted to the CRD at the time of the Exhibit Conference. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 www.cacd.uscourts.gov 7 [email protected] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 H. Findings of Fact and Conclusions of Law (Court Trials): Notwithstanding Local Rule 52, for any matter requiring findings of fact and conclusions of law, unless otherwise expressly ordered by the Court,1 counsel will be required to file (Proposed) Findings of Fact and Conclusions of Law after the conclusion of the trial. The proposed Findings of Fact must include citations to admitted evidence. Where witness trial testimony is necessary to establish a given fact, the party must obtain a transcript of the proceedings and file relevant excerpts of those transcripts with the (Proposed) Findings of Fact and Conclusions of Law. In addition to filing, counsel must email Microsoft Word versions of their (Proposed) Findings of Fact and Conclusions of Law to the chambers email address. IV. ATTORNEY AND PARTY CONDUCT AT TRIAL A. Trial Schedule: Unless otherwise ordered, and subject to jury panel availability, trials will commence on Tuesday and continue on Wednesday and Thursday. If the trial is more than 3 days, it will continue Monday through Thursday until completed. Trial hours are from 9:00 a.m. to 12:00 p.m., and 1:30 p.m. to 4:30 p.m., with a 15-minute break during each session. B. Trial Conduct: 1. Jury Selection: The Court utilizes the “Arizona blind strike” method. See United States v. Harper, 33 F.3d 1143, 1145 (9th Cir. 1994). Under that method, the Court conducts voir dire of the entire jury panel, then permits limited voir dire by counsel, usually about ten to fifteen minutes. After potential jurors are excused for cause, counsel for each side simultaneously submit their peremptory challenges in writing. The Court then eliminates the subjects of the peremptory challenges and selects the eight lowest numbered remaining panel members as the jury. Prior to the voir dire 1 For example, the Court frequently sets a different deadline for cases involving claims for benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”). www.cacd.uscourts.gov 8 [email protected] examination of the jury venire, counsel for each side will give a “mini opening” statement lasting no longer than three to five minutes that summarizes the case. 2. Opening Statements, Examining Witnesses, and Summation: a. Opening statements, examination of witnesses, and summation will be from the lectern only. Counsel must not consume time by writing out words or drawing charts or diagrams. Counsel may do so in advance and explain that the item was prepared earlier as ordered by the Court to save time. b. At the end of each day, counsel presenting his or her case shall advise opposing counsel of the witnesses anticipated the following day with an estimate of the length of direct examination. Opposing counsel shall provide an estimate of the length of cross-examination. Cooperation of counsel will ensure a smooth flow of witnesses. It is the responsibility of all counsel to arrange the appearance of witnesses in order to avoid delay. 3. Time Estimates: The Court will honor reasonable time estimates for opening and closing addresses to the jury. 4. No Ad Seriatim Examination: Where a party has more than one lawyer, only one may conduct the direct or cross-examination of a given witness. 5. Witness Testifying at a Break: If a witness is on the stand when a recess is taken, it is counsel’s duty to have the witness back on the stand, ready to proceed, when the Court session resumes. 6. Witness Testifying at Adjournment: If a witness was on the stand at adjournment, it is counsel’s duty to have the witness adjacent to, but not on, the stand, ready to proceed when the Court session resumes. 7. Witness Disability Accommodation: It is counsel’s duty to notify the CRD in advance if any witness requires use of the available automated platform to ascend to the witness stand. 8. Witnesses Testifying out of Sequence: The Court attempts to 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 www.cacd.uscourts.gov 9 [email protected] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 accommodate physicians, scientists, and all other professional witnesses and will, except in extraordinary circumstances, permit them to testify out of sequence. Counsel must anticipate any such possibility and discuss it with opposing counsel. If there is objection, counsel shall confer with the Court in advance. 9. Objections and General Decorum: a. 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; the Court may or may not grant a request for conference at sidebar. The Court strongly discourages sidebars because they represent an inefficient use of jury time when matters can be anticipated. b. Counsel must not approach the CRD or the witness stand without specific permission. When permission is given, please return to the lectern when the purpose of the permission is finished. Counsel must not engage in questioning a witness at the witness stand. c. Counsel must 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 wishes to speak with opposing counsel, counsel must ask permission to talk off the record. Any request for the re-reading of questions or answers shall be addressed to 19 the Court. 20 21 d. Counsel must not make an offer of stipulation unless counsel has conferred with opposing counsel and has reason to believe the stipulation will be 22 acceptable. e. It is counsel’s duty of the first day of trial to advise the Court of any commitments that may result in counsel’s absence or late arrival. 10. Exhibits: a. Each counsel should keep counsel’s own list of exhibits and should keep track when each has been admitted in evidence. 23 24 25 26 27 28 www.cacd.uscourts.gov 10 [email protected] b. Each counsel is responsible for any exhibits that counsel secures from the CRD and, during all recesses and noontime and afternoon adjournments, counsel must return all exhibits in counsel’s possession to the CRD. c. Where an exhibit is not previously marked, it must be marked by counsel at the time of its first mention. To save time, counsel must show a new exhibit to opposing counsel before it is mentioned in Court. d. Counsel should move exhibits into evidence as soon as admissibility is established, while they are freshly in the minds of all participants. If there is an objection, the motion to admit will be dealt with at the next available recess. In jury trials, no exhibit shall be read or displayed to the jury until admitted. e. Absent unusual circumstances, counsel must not ask witnesses to draw charts or diagrams nor ask the Court’s permission for a witness to do so. If counsel wishes to question a witness in connection with graphic aids, the material must be fully prepared before the court session starts. 11. Depositions: a. All depositions that will be used in the trial, either as evidence or for impeachment, must be signed and lodged with the CRD on the first day of trial or such earlier date as the Court may order. For any deposition in which counsel is interested, counsel should check with the CRD to confirm that the CRD has the transcript and that the transcript is properly signed. b. When using depositions of an adverse party for impeachment, counsel shall first announce both the beginning and ending page and line references of the passage desired to be read, and allow opposing counsel an opportunity to state any objection. Counsel shall use either of the following procedures: i. If counsel wishes to read the questions and answers as alleged impeachment and ask the witness no further questions on that subject, counsel may merely read the relevant portions of the deposition into the record. 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 www.cacd.uscourts.gov 11 [email protected] 1 2 3 4 5 6 7 8 9 ii. If counsel wishes to ask the witness further questions on the subject matter, the deposition is placed in front of the witness and the witness is told to read silently the pages and lines involved. 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. c. Where a witness is absent and the witness’ testimony is offered by deposition, please observe the following procedure: A reader should occupy the witness chair and read the testimony of the witness while the examining lawyer asks the 10 questions. 11 12 13 14 15 16 17 18 19 12. Advance Notice of Evidentiary or Difficult Questions: If counsel has reason to anticipate that a difficult question of law or evidence will raise legal argument, requiring research and/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). To the maximum extent possible, such matters shall be taken outside normal trial hours (e.g., recess, before or after the trial day). IT IS SO ORDERED. 20 DATED: JOSEPHINE L. STATON United States District Judge Revised: September 12, 2023 21 22 23 24 25 26 27 28 www.cacd.uscourts.gov 12 [email protected]

=== Under Seal Filings in Civil Cases 02.24.2026.pdf ===

Overview of Filing Documents Under Seal in a Non-Sealed Civil Case The most common circumstance that requires navigation of Central District Local Rule 79-5 (related to under seal filings in civil cases) is when a party seeks to file documents that have been designated as confidential pursuant to a protective order. To file these documents under seal, counsel must first seek leave to file under seal. This document gives an overview of the steps required to do that.1 Note: Notwithstanding Local Civil Rule 5-4.5 or any provision of Local Civil Rule 79-5, and in the absence of a case-specific order to the contrary, the Court does not require mandatory chambers copies in any case, nor does the Court require paper copies for filing under seal. PLEASE NOTE: THIS OVERVIEW DOES NOT APPLY TO LESS COMMON CIRCUMSTANCES, SUCH AS: Filing any document under seal in a criminal case. (See separate instructions.) Filing a case-initiating document under seal. (Under seal complaints are rare. Consult Local Rule 79-5.2.1(a).) Filing any document in an under-seal civil case. (Consult Local Rule 79-5.2.1(b).) In camera documents. (These are rare. Consult Local Rule 79-6 and see note below.) OVERVIEW OF STEPS REQUIRED TO FILE UNDER SEAL I. IDENTIFY YOUR ROLE (L.R. 79-5.2.2(a)-(b Determine if you are both the Filing Party and the Designating Party. (Compare L.R. 79-5.2.2(a) with L.R. 79-5.2.2(b).) This overview includes the additional steps required in the most common circumstance, where the Filing Party differs from the Designating Party. 1 This document is not a substitute for a full understanding of the Court’s Local Rules. 1 Overview of Filing Documents Under Seal in a Non-Sealed Civil Case II. GIVE NOTICE (L.R. 79-5.2.2(b Where the Filing Party differs from the Designating Party, the Filing Party must give notice to the Designating Party of the intent to seek leave to file a document under seal three days before filing the Application to do so. The purpose of this notice is “to eliminate or minimize the need for filing under seal by means of redaction,” and also to give the Designating Party time in which to prepare a Declaration to support an under- seal filing if one is necessary. III. FILE A PROPERLY SUPPORTED APPLICATION (L.R. 79-5.2.2(a A properly supported application usually consists of five documents: three documents filed publicly and two documents filed non-publicly. Although the Local Rule 79-5 refers to presentation in “paper format,” documents are now almost always submitted to the CRD for processing by emailing them in PDF format to the chambers email address. A. PUBLIC DOCUMENTS (COUNSEL OR PARTIES FILE ON PUBLIC DOCKET) Application for Leave to File Document Under Seal Unless the Application and Proposed Order expressly state that the entire document is proposed to be filed under seal, a Public Redacted Version of the Document to be Filed Under Seal (public filing) (conspicuously labeled “REDACTED VERSION OF DOCUMENT PROPOSED TO BE FILED UNDER SEAL”) (filed by counsel or parties after under seal filing is approved) Proposed Order (public filing) B. NON-PUBLIC DOCUMENTS Declaration in Support of Filing Under Seal (non-public filing) Unredacted Version of Document to be Filed Under Seal (non-public filing) (confidential portions highlighted in yellow) (conspicuously labeled as “UNREDACTED VERSION OF DOCUMENT PROPOSED TO BE FILED UNDER SEAL”) IV. EMAIL (L.R. 5-4.4.2) Email a Proposed Order (in proper format) to the chambers’ email address. 2 Overview of Filing Documents Under Seal in a Non-Sealed Civil Case V. SERVE NON-PUBLIC DOCUMENTS (L.R. 5-3.1 & 79-5.3) Because electronic service will be effectuated only as to the publicly filed documents, the filing party must serve any non-publicly filed documents, together with the Notice of Electronic Filing (“NEF”), on all relevant parties. VI. FILE DECLARATION (DESIGNATING PARTY) (L.R. 79-5.2.2(b)(i No later than four days after the filing of the Application, the Designating Party is required to file a Declaration supporting the filing of the designated materials under seal. VII. RECEIVE COURT’S RULING (L.R. 79-5.2.2(c After issuance of the Court’s ruling, in most cases, the Filing Party MUST TAKE ACTION to make an appropriate filing, and must do so WITHIN THREE DAYS. The required action differs based upon whether the Court grants the Application, denies the Application, or grants in part and denies in part the Application. (L.R. 79-5.2.2(a).) A. IF APPLICATION IS GRANTED If Court GRANTS the Application, the Filing Party must PREPARE and E-FILE UNDER SEAL an unredacted, non-highlighted version of the document, properly labeled with “FILED UNDER SEAL PURSUANT TO ORDER OF COURT DATED _______” LINK filing to Court Order authorizing filing Under Seal. LINK filing to associated publicly filed document. SERVE any documents filed under seal, together with the NEF. (L.R. 5-3.1 & 79-5.3) B. IF THE APPLICATION IS DENIED If the Court DENIES the Application, the Filing Party must either: PREPARE and publicly E-FILE an unredacted, non-highlighted version, OR the Filing Party must UNDERSTAND that the document that was sought to be filed under seal will not be considered by the Court. LINK filing to relevant previously filed document. 3 Overview of Filing Documents Under Seal in a Non-Sealed Civil Case C. IF THE APPLICATION IS GRANTED IN PART AND DENIED IN PART If the Court GRANTS IN PART AND DENIES IN PART the Application, the Filing Party must E-FILE a revised redacted version on the public docket that redacts only the material the Court has identified as subject to under seal protection. The Filing Party must also PREPARE and E-FILE UNDER SEAL an unredacted, non-highlighted version of the document, properly labeled with “FILED UNDER SEAL PURSUANT TO ORDER OF COURT DATED _______” LINK filing to Court Order authorizing filing Under Seal. LINK filing to associated publicly filed document. SERVE any documents filed under seal, together with the NEF. (L.R. 5-3.1 & 79-5.3) * * * Chambers Email Address All Documents, Including the required submission of Proposed Orders in MS Word Format: [email protected] IN CAMERA DOCUMENTS DOCUMENTS TO BE SUBMITTED IN CAMERA REQUIRE ADDITIONAL SPECIAL HANDLING. Procedures for in camera review are set forth in Local Civil Rule 79-6. Documents submitted in camera are not always filed, but when they are, they are almost always filed and maintained under seal. Therefore, in camera documents are subject to these procedures, but the only the Clerk, not counsel or a party, can file in camera documents on the case docket. Always use the term “in camera” where a document is to be submitted solely for the Court’s review. Use of the terms “under seal” and “ex parte” must not be used as substitutes when the term “in camera” is more appropriate. Each document must be conspicuously labeled as “in camera” on the first page. Marking such documents on every page (in the footer) as “in camera” is also suggested. The use of red text or highlighting is encouraged. Rev. 02.24.2026 4

=== Under Seal Filings in Criminal Cases 02.18.26.pdf ===

Procedures for Filing Documents Under Seal in Criminal Cases Pending on Judge Staton’s Docket In lieu of the provisions of Local Criminal Rule 49-1.2(b)(3), parties must follow these procedures. Where possible, counsel (and pro se litigants) must avoid requesting the sealing of the application to seal, supporting declarations, and proposed order1 unless those documents also contain information that should be sealed. Overbroad requests to seal applications, declarations, and orders may be summarily denied. In all instances, the filer must first electronically file a Notice of Manual Filing on the public docket. All documents related to under-seal filings must then be emailed to the CRD at the email address that appears in the footer of this document.2 The application to seal and/or supporting declaration(s) must advise the Court whether the opposing party objects to proposed under-seal filing. Unless there is good cause for filing the entire document under seal, the filer must specifically identify those portions of the document that should be sealed. To do this, the filer must email two versions the document: (1) for the Court’s review, a version highlights in yellow those portions of the document that should be sealed, and (2) an unhighlighted version (for under seal filing). If the application to seal is DENIED, the CRD will delete the emailed PDF file(s). The CRD will not file any document(s) on the public docket. If the Court GRANTS the application to seal, the CRD will file the relevant document(s) under seal and will email conformed copies of the under-seal filings to the filer. The filer must promptly serve conformed copies of under-seal filings on the other party via email and must, within 24 hours of receiving the conformed copies, electronically file on the public docket proof of such service that includes the information set forth in Local Civil Rule 5-3.1.2. 1 All documents to be filed on the docket must conform with e-filing requirements Local Civil Rules 5-4.3, including, most notably, that they be submitted in text-searchable .pdf format. Proposed orders must also be submitted in editable Microsoft Word format. 2 Arrangements to file voluminous documents not amenable to email submission, or arrangements to file other media, may be made by emailing the CRD. Mandatory chambers copies of sealed documents are not required unless specifically ordered by the Court. [email protected] http://www.cacd.uscourts.gov/honorable-josephine-l-staton (updated February 18, 2026) Procedures for Filing Documents Under Seal in Criminal Cases Pending on Judge Staton’s Docket If ordered to do so, within 3 days of the entry of the Court’s Order, the filer must electronically file public redacted versions of any under-seal documents. Redactions must be limited to those portions previously identified for the Court in yellow highlighting. A NOTE ABOUT DOCUMENTS TO BE REVIEWED IN CAMERA Always use the term “in camera” where a document is to be submitted solely for the Court’s review. Use of the terms “under seal” and “ex parte” must not be used when the term “in camera” is more appropriate. Procedures for in camera review are set forth in Local Civil Rule 79-6. Documents submitted in camera are not always filed, but when they are, they are almost always filed and maintained under seal. Therefore, in camera documents are subject to these procedures. Each document must be conspicuously labeled as “in camera” on the first page. Marking them on every page (in the footer) as “in camera” is also suggested. The use of red text or highlighting is encouraged. A NOTE ABOUT UNSEALING DOCUMENTS In all instances, sealed documents are subject to unsealing at a later date when the relevant legal standards so require. PAPER COPIES AND MANDATORY CHAMBERS COPIES ARE NOT REQUIRED Notwithstanding Local Criminal Rule 49-1.2(b)(3) and Local Civil Rule 5- 4.5, and in the absence of a case-specific order to the contrary, the parties need not submit paper copies of any documents to be filed under seal (or of any accompanying applications and declarations). Mandatory chambers copies need not be provided. [email protected] http://www.cacd.uscourts.gov/honorable-josephine-l-staton (updated February 18, 2026)

=== Class Action Post-Settlement Distribution Form JLS 09 15 25.pdf ===

POST-DISTRIBUTION ACCOUNTING FORM Hon. Josephine L. Staton This form has been adapted from the Northern District of California's Post- Distribution Accounting Form, and differs from that form in certain respects. Please review it carefully. Case Number (YY-xx-#####) Case Name Attorney Name Nature of Action Attorney Email Party Represented This is: An interim post-distribution accounting. Not all settlement funds have been distributed. _ A final post-distribution accounting. All settlement funds have been distributed. 1. Total settlement fund 2. Number of class members 3. Number of class members to whom notice was successfully delivered* 4. Number of claim forms submitted 5. Percentage of claim forms submitted [=Q4/Q3] 6. Number of opt-outs 7. Percentage of opt-outs [=Q6/Q3] 8. Number of objections 9. Percentage of objections [=Q8/Q3] 10. Average recovery per claimant 11. Median recovery per claimant 12. Maximum recovery per claimant $ # # # % # % # % $ $ $ N/A N/A *Notice is successfully delivered when it is not returned as undeliverable. 1 of 4 13. Minimum recovery per claimant $ 14. Methods of notice to class members [1 or more], and percentage of success by method if known. Leave percentage blank if not known. % Mail % Email % Advertisement % Website % Text % Other 15. Methods of payment to class members [1 or more], and percentage of success by method if known. Leave percentage blank if not known. % Direct Deposit % Gift Card % Paper Check % Wire % Payment App % Other 16. Number of checks not cashed in initial distribution 17. Total value of checks not cashed in initial distribution 18. Amount of settlement funds claimed by class member 19. Amount of settlement funds distributed to class members 20. Ho w m a ny rounds of check distribution occurred? 21. Amounts to be distributed to each cy pres recipient Name 1. 2. 3. 4. 22. Administrative costs 23. Attorneys’ fees 24. Attorneys’ costs excluding expert costs 25. Expert costs 26. Attorneys’ fees in terms of percentage of the settlement fund 27. Plaintiffs’ counsel’s final lodestar total # $ $ $ $ $ $ $ % $ 28. Lodestar multiplier [# x.y] # x.y N/A Amount $ $ $ $ 2 of 4 29. Describe any potential fraud issues encountered, the likely causes, and how they were addressed 30. Number of class members availing themselves of nonmonetary relief 31. Aggregate value redeemed # $ Continued on next page. 3 of 4 32. Where injunctive and or other non-monetary relief has been obtained, discuss the benefit conferred on the class. 33. Other notes and issues required to be addressed pursuant to any Order in this case. End of form. 4 of 4