KK Civil Standing Order.pdf; KK Patent Standing Order.pdf; KK Standing Protective Order for Patent Cases .pdf; KK Civil Trial Scheduling Order; KK Criminal Standing Order

=== KK Civil Standing Order.pdf ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA [PLAINTIFFS], ET AL., Case No. EDCV XX-XXXX-KK (XXx) Plaintiff(s), v. CIVIL STANDING ORDER [DEFENDANTS], ET AL., Defendant(s). PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. “To secure the just, speedy, and inexpensive determination of every action and proceeding,” FED. R. CIV. P. 1, all counsel are hereby ordered to familiarize themselves with the Federal Rules of Civil Procedure, the Local Civil Rules of the Central District of California, and this Court’s Orders.1 “Counsel,” as used in this order, includes parties appearing pro se. This Court does not exempt parties appearing pro se from compliance with any of the Local Rules, including Local Rules 16 and 7-3. Copies of the Local Rules are available on the Central District of California 1 website at http://www.cacd.uscourts.gov. In addition, Counsel shall review and comply with Judge Kato’s Schedule and Procedures, available at https://apps.cacd.uscourts.gov/Jps/honorable-kenly-kiya-kato. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 UNLESS OTHERWISE ORDERED BY THE COURT, THE FOLLOWING RULES SHALL APPLY: I. CIVILITY AND PROFESSIONALISM The Court expects counsel to treat each other, the parties, and the Court, including Court staff, with dignity and respect. As set forth in the preamble to the Central District of California’s Civility and Professionalism Guidelines, “[u]ncivil behavior does not constitute effective advocacy; rather, it serves to increase litigation costs and fails to advance the client’s lawful interests. Perhaps just as importantly, this type of behavior causes the public to lose faith in the legal profession and its ability to benefit society. For these reasons, . . . civility and professionalism among advocates, between lawyer and client, and between bench and bar are essential to the administration of justice.” For more detailed guidance, counsel are advised to refer to the Civility and Professionalism Guidelines, which can be found at http://www.cacd.uscourts.gov/attorneys/admissions/civility-and-professionalism- guidelines. II. SERVICE OF THE COMPLAINT Plaintiff(s) shall promptly serve the complaint in accordance with Federal Rule of Civil Procedure 4 and file proofs of service pursuant to the Local Rules. This Order serves as notice pursuant to Federal Rule of Civil Procedure 4(m) that failure 20 by plaintiff(s) to file a timely proof of service of the summons and complaint will 21 22 23 24 25 26 27 28 result in the dismissal of the case for failure to prosecute. In addition, any defendant(s) not timely served will be dismissed from the action without prejudice and any “Doe” or fictitiously named defendant who is not identified and served within ninety (90) days after the case is filed will be dismissed pursuant to Federal Rule of Civil Procedure 4(m). III. CONSENT TO A MAGISTRATE JUDGE Under 28 U.S.C. § 636, the parties may consent to have a magistrate judge preside over all proceedings, including trial. The magistrate judges who accept those 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 designations are identified on the Central District’s website at http://www.cacd.uscourts.gov/judges-requirements/court-programs/voluntary- consent-magistrate-judges, which also contains a link to the consent form CV-11D. The parties can select a participating magistrate judge from any of the three divisions in the Central District of California. In addition, magistrate judges do not handle felony criminal trials; therefore, civil trial dates are not at risk of being preempted by a felony criminal trial, which normally has priority. Further, in most cases, a magistrate judge may be able to assign a more flexible trial date than a district judge. There may be other advantages or disadvantages which you will want to consider. Parties wishing to consent to a magistrate judge shall complete and attach Form CV-11D (Statement of Consent to Proceed Before a United States Magistrate Judge) to a Notice of Lodging of Consent Form, which shall be e-filed as required by Local Rule 5-4.4 as a proposed document. IV. ALTERNATIVE DISPUTE RESOLUTION No case will proceed to trial unless all parties, including the principals of all corporate parties, have appeared personally at a settlement conference under the Court-Directed Alternative Dispute Resolution (“ADR”) Program (Local Rule 16- 15.4) and complied with Local Rule 16-15.5. Upon receipt of oral or written notice that a case has settled, the Court 20 will administratively close the case and if no agreed final order or judgment is thereafter submitted within thirty (30) days, or if no party files a motion to reopen within such time, the case shall, without further order, stand dismissed with prejudice. V. DISCOVERY Parties are to commence discovery as soon as the first answer or motion to dismiss is filed. The parties should note that, unless otherwise ordered, discovery will not be stayed while any motion is pending, including any motion to dismiss, 21 22 23 24 25 26 27 28 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 motion for protective order, or motion to stay. Similarly, discovery will not be stayed pending completion of the Court’s mandatory ADR requirement. Whenever possible, the Court expects counsel to resolve discovery disputes among themselves in a courteous, reasonable, and professional manner. Discovery disputes should, therefore, be limited to those rare occasions where the parties cannot resolve a matter despite diligent and good faith efforts to meet and confer. All discovery matters have been referred to the assigned magistrate judge, who will hear all discovery disputes. The magistrate judge’s initials follow the district judge’s initials next to the case number. All discovery-related documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing. Counsel are directed to review the magistrate judge’s Procedures and Schedules on the Central District’s website to schedule discovery matters for hearing. Discovery is governed by the Federal Rules of Civil Procedure and applicable Local Rules of the Central District of California. In particular, counsel must strictly comply with Civil Local Rule 37, including the meet and confer and joint stipulation requirements. Counsel are expressly cautioned that failure to comply with or cooperate in the Local Rule 37 procedures and/or the filing of frivolous motions may result in the imposition of sanctions. See FED. R. CIV. P. 11; L.R. 37-4. In accordance with 28 U.S.C. § 636(b)(1)(A), the magistrate judge’s decision 20 shall be final, and this Court will not reverse any order of the magistrate judge unless it has been shown that the magistrate judge’s order is clearly erroneous or contrary to law. FED. R. CIV. P. 72(a). Any party may file and serve a motion for review and reconsideration before this Court. See L.R. 72-2. The moving party must file and serve the motion within fourteen (14) days of service of a written ruling or an oral ruling that the magistrate judge states will not be followed by a written ruling. The motion must specify which portions of the ruling are clearly erroneous or contrary to law, and the claim must be supported by points and authorities. 21 22 23 24 25 26 27 28 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 In addition, the magistrate judge does not have authority to order discovery after the discovery cut-off or to continue the discovery cut-off. See United States v. Celgene Corp., No. CV 10-3165-GHK-SSx, 2015 WL 9661172, at *1 (C.D. Cal. Oct. 16, 2015) (holding a magistrate judge “does not have the authority to order discovery after the deadline set by the District Judge”). Accordingly, any stipulations or motions to continue discovery deadlines shall be separately filed and noticed for hearing before Judge Kato. However, the Court is not inclined to grant any extensions of the discovery or other case-related deadlines. The parties are, therefore, directed to conduct any necessary discovery as soon as possible. VI. ARTIFICIAL INTELLIGENCE Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a motion, brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer’s Rule 11 obligations. Non-compliance and/or citations to non-existent or inaccurate sources will result in sanctions of $500 for an initial violation and $500 for each subsequent violation. All counsel are reminded of their ongoing obligation to ensure all representations to the Court are “to the best of the person’s knowledge, 20 information, and belief, formed after an inquiry reasonable under the circumstances.” 21 22 23 24 25 26 27 28 FED. R. CIV. P. 11(b). VII. MOTIONS – GENERAL REQUIREMENTS 1. Time for Filing and Hearing Motions This Court hears civil motions on Thursdays, beginning at 9:30 a.m. If Thursday is a court holiday, motions will be heard on the next Thursday. It is not necessary to clear a hearing date with the Court Clerk before filing a motion. Counsel must check the Court’s website for Closed Motion Dates. If the motion date selected is not available, the Court will issue a minute order continuing the date. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Adherence to the timing requirements is mandatory for chambers’ preparation of motion matters. The parties may stipulate to a different briefing schedule, so long as the schedule provides at least two weeks between the filing of the reply and the hearing date. If the parties are able to resolve the issue, or if a party intends to withdraw or declines to oppose a motion, the Court must be notified as soon as possible, but no later than seven days before the hearing date. Failure to oppose a motion will likely result in the motion being granted immediately after the opposition would have been due. See L.R. 7-12. 2. Pre-Filing Conference Requirement Counsel for the parties shall meet and confer pursuant to Local Rule 7-3, which requires “counsel contemplating filing of any motion” to “first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.” The parties must discuss in real- time all issues to be raised in the motion, as well as the law and evidence relevant to those issues, so that the parties’ briefing reflects that they are fully cognizant of the other side’s position(s). Letters and e-mail are insufficient to satisfy the prefiling conference requirements of Local Rule 7-3. The notice of motion must include a statement of compliance with Local Rule 7-3. The Court may strike or summarily 20 deny a motion if counsel fails to adequately meet and confer in good faith. 3. Proposed Orders Each party filing or opposing a motion or seeking the determination of any matter shall serve and electronically lodge – at the time the moving or opposition papers are filed – a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. In addition, a copy of the proposed order in Word format shall be e-mailed to chambers at [email protected] on the day the document is e-filed. 21 22 23 24 25 26 27 28 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 VIII. SPECIFIC MOTIONS 1. Motions for Class Certification The parties in a putative class action are to act diligently and begin discovery immediately, so that the motion for class certification can be filed expeditiously. For any action purporting to commence a class action, other than an action subject to the Private Securities Litigation Reform Act of 1995, plaintiff(s) shall file a motion for class certification no later than 100 days from the date of the scheduling conference. This deadline will be continued only upon a showing of due diligence and good cause. 2. Motions to Dismiss or Strike Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment. See Eminence Cap., LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003) (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). Even after a complaint has been amended or a responsive pleading has been served, the Federal Rules of Civil Procedure provide that leave to amend should be “freely given when justice so requires.” FED. R. CIV. P. 15(a). Indeed, the Ninth Circuit requires that this policy favoring amendment be applied with “extreme liberality.” Owens v. Kaiser Found. 20 Health Plan, Inc., 244 F.3d 708, 712 (9th Cir. 2001). 21 22 23 24 25 26 27 28 Consequently, parties should carefully consider and weigh an opponent’s contentions as to the deficiencies in a pleading. The Court expects that, in most instances, the parties will agree to any amendment that would cure the defect. 3. Motions to Amend In addition to complying with the requirements of Local Rule 15-1, 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 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 previously amended pleadings (e.g., “Second Amended Complaint” or “Third Amended Answer and Counterclaims”). In addition to Local Rule 15-1’s requirement of electronic lodging of the proposed amended pleading as a document separate from the motion, 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. 4. Continuances or Extensions of Time Requests for continuances will not be granted routinely. Counsel must submit any request for a continuance or extension of time no later than five (5) court days prior to the expiration of the scheduled date. Requests to continue dates that have passed will be denied. Stipulations extending scheduling dates set by this Court are not effective unless approved by the Court. The caption of any request for a continuance or extension of time shall indicate how many previous extensions have been requested (e.g., First, Second, Third, etc. Request for Extension). Counsel requesting a continuance must submit a properly noticed motion or stipulation, with a detailed declaration that demonstrates good cause as to why the change in the date is essential, and a proposed order. The motion or stipulation must also indicate whether there have been any previous requests for continuances and whether those requests were granted or denied by the Court. Any continuances that 20 are requested without an accompanying declaration will be rejected without further 21 22 23 24 25 26 27 28 notice to the parties. If it is necessary to file an ex parte application seeking an extension of any deadlines, the application must be accompanied by a declaration setting forth the reasons for the requested extension of time. The declaration must also indicate whether there have been any previous requests for continuances and whether those requests were granted or denied by the Court. The Court sets firm dates and will not change them without a showing of good cause. Such a showing generally requires unforeseeable circumstances and a showing 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 of diligence by the parties in pursuing discovery. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992) (“Rule 16(b)’s ‘good cause’ standard primarily considers the diligence of the party seeking the amendment.”). 5. Ex Parte Applications Counsel are reminded that ex parte applications are solely for extraordinary relief and are discouraged. Mission Power Eng’g Co. v. Cont’l Cas. Co., 883 F. Supp. 488, 488 (C.D. Cal. 1995). A party seeking ex parte relief must show: (1) “the moving party’s cause will be irreparably prejudiced if the underlying motion is heard according to regular noticed motion procedures”; and (2) “the moving party is without fault in creating the crisis that requires ex parte relief,” or “the crisis occurred as a result of excusable neglect.” Id. at 492. Applications that do not meet the requirements set forth in Local Rule 7-19 will not be considered. Sanctions may be imposed for misuse of ex parte applications. The Court considers ex parte applications on the papers and usually does not set these matters for hearing. The moving party shall file and serve the opposing party by electronic mail or hand delivery and shall notify the opposing party that opposing papers must be filed not later than twenty-four hours following such electronic mail or hand service. The twenty-four-hour clock runs on business days only. The moving party’s declaration in support of an ex parte application shall 20 demonstrate compliance with Local Rule 7-19 and this Order. Failure to comply with 21 22 23 24 25 26 27 28 the Local Rules and this Order will result in the application being denied. If a party does not intend to oppose an ex parte application, the party must inform the CRD as soon as possible but not later than twenty-four hours following service. Unless otherwise ordered, reply briefs are not allowed and will be stricken. 6. TROs and Injunctions Parties seeking emergency or provisional relief shall comply with Federal Rule of Civil Procedure 65 and Local Rule 65. The caption of any such request for relief shall indicate whether the request is “Unopposed” or “Opposed.” The 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Court will not rule on any application for such relief for at least twenty-four 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. 7. Summary Judgment Motions Each side is allowed one motion for summary judgment pursuant to Federal Rule of Civil Procedure 56, regardless of whether such motion is denominated as a motion for summary judgment or summary adjudication. To the extent it is appropriate based on undisputed facts and controlling principles of law, the court may sua sponte enter summary judgment for the nonmoving party. Counsel should not wait until the motion cut-off to file their motion for summary judgment or partial summary judgment. All potentially dispositive motions shall comply with the requirements set forth in the Court’s Civil Trial Scheduling Order. 8. Motions for Default Judgment Unless otherwise ordered, motions for default judgment shall be filed no later than 14 days after the later of (1) entry of default against the last remaining defendant, or (2) resolution of all claims against all defendants who have not defaulted. A motion for default judgment must include a showing of both subject matter jurisdiction and personal jurisdiction. See In re Tuli, 172 F.3d 707, 712 (9th Cir. 20 1999). 21 22 23 24 25 26 27 28 9. Motions for Attorney’s Fees Motions for attorney’s fees shall be electronically filed and set for hearing according to Local Rule 6-1 and this Order. Any motion or request for attorney’s fees shall attach a summary, in table form, of the hours worked by and billing rate of each attorney with title (e.g., partner, counsel, associate, etc.). The table shall include a summary of the hours worked by each attorney, organized by attorney. The table shall list all the tasks on which the attorney worked, the hours worked on each task, and the hourly rate of each attorney. If the hourly 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rate charged by any individual attorney changed while the action was ongoing, the party shall provide separate calculations for the total number of hours the attorney spent in connection with each task at each hourly rate. The table shall be attached to the motion and electronically filed. The courtesy copies of the table shall be prepared in Excel, have all restrictions removed so the spreadsheets can be edited, and be emailed to opposing counsel and the Court’s chambers email address at [email protected]. An opposing party shall specify its objections to the fee requests and time spent in the form set forth below: ATTORNEY DATE DESCRIPTION TIME J. Doe 1/21/21 T/C with consultant CHALLENGED 3.0 REDUCE BY 3.0 OBJECTION Vague S. Roe 2/1/21 Research Notice of Related Cases 2.5 2.3 Excessive J. Doe 2/21/21 Calendared dates 1.3 1.3 Clerical work REASON FOR OBJECTION Fails to articulate who the consultant was and what the conversation concerned. Notice of Related Cases is a form document. Attorney S. Roe should not charge for basic research. Attorney cannot charge for clerical work. IX. CASES REMOVED FROM STATE COURT Any answers filed in state court must be re-filed in this Court separately as a supplement to the Notice of Removal. Any pending motions must be re-noticed in accordance with Local Rule 6-1. If a removed action contains a “form pleading,” i.e., a pleading in which boxes are checked, the party or parties that filed the form pleading must file an appropriate pleading with this Court within thirty (30) days of 11 the filing of the notice of removal. If a responsive pleading is required, the responsive pleading shall be filed in accordance with the Federal Rules of Civil Procedure. This Court adheres to the following procedures when a complaint with fictitiously named defendants is removed to this Court on diversity grounds. See 28 U.S.C. §§ 1441(a) and 1447. (a) Plaintiff(s) must ascertain the identity of and serve any fictitiously named defendants before the date of the Rule 16(b) scheduling conference. The Court generally will dismiss “Doe” defendants on or after the date of the scheduling conference, as they prevent the Court from accurately tracking its cases. (b) If plaintiff(s) believe (by reason of the necessity for discovery or otherwise) that all fictitiously named defendants cannot be identified within that period, a request to extend the time must be made in the Joint Rule 26(f) Report. Counsel should state the reasons why fictitiously named defendants have not been identified and served. (c) If plaintiff(s) want to substitute a defendant for one of the fictitiously named defendants, plaintiff(s) must first seek the consent of counsel for all defendants (and counsel for the fictitiously named party, if that party has separate counsel). If consent is withheld or denied, plaintiff(s) should file a regularly noticed motion. The motion and opposition should address whether the matter should thereafter be remanded to the superior court if diversity is destroyed by the addition of the newly substituted party. See 28 U.S.C. §§ 1447(c) and (e). X. ERISA CASES INVOLVING BENEFITS CLAIMS The Court may issue an Order Setting Scheduling Conference as a matter of course in ERISA cases involving benefits claims. However, because the ordinary pretrial and trial schedule does not apply to these cases, the parties need only submit a Joint Status Report identifying any special issues that should be considered. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties should proceed with the preparation of the administrative record and briefing without delay upon service of the complaint. If necessary, the Court will hear motions to determine the standard of review, whether discovery will be permitted, and the scope of the administrative record. Counsel are discouraged from filing motions for summary judgment or partial summary judgment for a merits determination. See Kearney v. Standard Ins. Co., 175 F.3d 1084, 1095 (9th Cir. 1999) (en banc) (noting the difference in procedures between Rule 56 and Rule 52). A bench trial, ordinarily limited to oral argument on the administrative record, will be scheduled within six months from the filing of the original complaint, unless good cause for additional time is shown in the Joint Status Report. If the Court concludes that the decision would not benefit from oral argument, the matter may be submitted for decision on the papers. XI. NOTICES OF UNAVAILABILITY A “Notice of Unavailability” has no force or effect in this Court and should not be filed. The filing of such a document may result in sanctions. The Court nonetheless expects that counsel will conduct themselves appropriately and will not deliberately schedule Court or other proceedings when opposing counsel are unavailable. XII. COMMUNICATIONS WITH CHAMBERS Counsel must not attempt to contact the Court or its chambers staff by telephone or by any other ex parte means unless contact has been first initiated by chambers staff. Counsel may contact the courtroom deputy clerk with appropriate inquiries. The preferred method of communication with the courtroom deputy clerk is through the Court’s chambers email address at [email protected]. All counsel shall be included on any communications with the courtroom deputy clerk. In addition, to facilitate communication with the courtroom deputy clerk, counsel should list their email addresses along with their telephone numbers on all papers. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 XIII. PRESENCE OF LEAD COUNSEL Lead trial counsel must attend any proceeding set by this Court, including all scheduling, pretrial, and settlement conferences. Only ONE attorney for a party may be designated as lead trial counsel unless otherwise permitted by the Court. Counsel should not claim to be co-lead trial counsel for the purpose of avoiding this requirement. If counsel purport to be co-lead trial counsel, both must attend the pretrial conference. Unless lead trial counsel’s absence is excused by the Court for good cause no less than five (5) court days in advance of the hearing, or is due to an emergency that prevented prior notice, the Court reserves the right to designate the attorney handling such proceeding as lead counsel for all purposes. Failure of lead counsel to appear will be grounds for sanctions. XIV. INTERPRETER SERVICES Counsel in civil actions are responsible for arranging for the services of an interpreter. The Interpreter’s Office may be reached at (213) 894-4599. XV. CHAMBERS COURTESY COPIES The Court does not require chambers copies of any motion papers or exhibits and discourages the parties from sending chambers courtesy copies, with the following exceptions: the Court requires (1) one mandatory chambers copy of motions for summary judgment and motions for class certification, as well as 20 any associated briefing, including oppositions and replies, and (2) one mandatory chambers copy of overlength briefs when the Court has granted a party’s request for leave to file an overlength brief. Chambers copies shall be delivered to Judge Kato’s “Mandatory Chambers Copies” box, located on the third floor of the George E. Brown Federal Building, 3470 Twelfth Street, Riverside, CA 92501. A mandatory chambers copy must comply with Local Rule 11-3 (i.e. font size, page numbering, exhibit tabbing, etc.) but need not be blue-backed. The mandatory chambers copy must be prominently labeled MANDATORY CHAMBERS COPY on the face page. 21 22 23 24 25 26 27 28 14 XVI. GUIDANCE FOR PRO SE LITIGANTS Parties proceeding pro se, i.e., without an attorney, often face special challenges in federal court. The Public Service Law Corporation runs a free Federal Pro Se Clinic at the following federal courthouses where pro se litigants can get information and guidance: (1) Roybal Federal Building and Courthouse, 255 East Temple Street, Suite 170, Los Angeles, California 90012. The Los Angeles location of the clinic operates by appointment only. Pro se litigants may schedule an appointment either by calling the clinic at (213) 385-2977, ext. 270, or submitting an internet request at http://prose.cacd.uscourts.gov/los-angeles. Clinic staff can respond to many questions with a telephonic appointment or through email. It may be more convenient to email your questions or schedule a telephonic appointment. Staff can also schedule you for an in-person appointment. (2) George E. Brown Federal Building, 3470 Twelfth Street, Room 125, Riverside, CA 92501. For more information, pro se litigants may call (951) 682-7968 or visit http://prose.cacd.uscourts.gov/riverside. (3) Ronald Reagan Federal Building and United States Courthouse, 411 W. 4th Street, Room 1055, Santa Ana, CA 92701. For more information, pro se litigants may call (714) 541-1010, ext. 222, or visit http://prose.cacd.uscourts.gov/santa-ana. Further information about the Federal Pro Se Clinic may be found on the Court’s website at https://prose.cacd.uscourts.gov/. XVII. NOTICE Counsel for plaintiff(s) or plaintiff(s) (if appearing on their 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. 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 15 The Court thanks the parties and their counsel for their anticipated cooperation in complying with these requirements. IT IS SO ORDERED. Dated: HONORABLE KENLY KIYA KATO United States District Judge 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16

=== KK Patent Standing Order.pdf ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA [PLAINTIFFS], ET AL., Case No. EDCV XX-XXXX-KK (XXx) Plaintiff(s), v. PATENT STANDING ORDER [DEFENDANTS], ET AL., Defendant(s). PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This Order applies to all cases involving a claim of infringement, non- infringement, invalidity, or unenforceability of a utility patent. The Local Civil Rules of the Central District of California and this Court’s Civil Standing Order shall also apply to such actions, except to the extent they are inconsistent with any provision of this Order. /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 UNLESS OTHERWISE ORDERED BY THE COURT, THE FOLLOWING RULES SHALL APPLY: I. DISCOVERY A. Confidentiality The Court’s Standing Protective Order for Patent Cases shall govern discovery unless the Court issues a different protective order, which may be entered by the assigned Magistrate Judge without further order from the District Judge. Absent a Court order, discovery cannot be withheld on the basis of confidentiality. B. Relationship to the Federal Rules of Civil Procedure Except as provided in this paragraph or otherwise ordered, it shall not be a ground for objecting to discovery requests (such as interrogatories, document requests, requests for admission, or deposition questions), or declining to provide information required by Federal Rule of Civil Procedure 26(a)(1), that the discovery request or disclosure requirement is premature due to, or otherwise conflicts with, this Order. However, a party may object to the following categories of discovery requests (or decline to provide information in its initial disclosures under Federal Rule of Civil Procedure 26(a)(1 on the ground of prematurity under this Order: (1) requests seeking a party’s claim construction position; (2) requests seeking from the patent 20 claimant a comparison of the asserted claims and the accused apparatus, product, 21 22 23 24 25 26 27 28 device, process, method, act, or other instrumentality (collectively “Accused Instrumentality”); (3) requests seeking from an accused infringer a comparison of the asserted claims and the prior art; and (4) requests seeking from an accused infringer the identification of any advice of counsel or related documents. /// /// /// /// 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. PATENT DISCLOSURES, EARLY MEETING OF THE PARTIES, AND SCHEDULING CONFERENCE A. Disclosure of Asserted Claims and Infringement Contentions No later than 14 days after the Court issues an Order Setting Scheduling Conference, a party asserting patent infringement shall serve on all parties a Disclosure of Asserted Claims and Infringement Contentions. Separately for each opposing party, the Disclosure of Asserted Claims and Infringement Contentions shall contain the following information: 1. Each claim of each patent in suit that is allegedly infringed by each opposing party, including, for each claim, the applicable statutory subsections of 35 U.S.C. § 271 asserted. 2. Separately for each asserted claim, each Accused Instrumentality. This identification shall be as specific as reasonably possible. 3. A chart identifying specifically where each limitation of each asserted claim is found within each Accused Instrumentality, including, for each limitation such party contends is governed by 35 U.S.C. § 112(f), the identity of the structure(s), act(s), or material(s) in the Accused Instrumentality that performs the claimed function, and whether each limitation of each asserted claim is alleged to be literally present or present under the doctrine of equivalents in the Accused Instrumentality. 4. For any patent that claims priority to an earlier application, the priority date allegedly applicable to each asserted claim. 5. If a party claiming patent infringement wishes to preserve the right to rely, for any purpose, on the assertion its own apparatus, product, device, process, method, act, or other instrumentality practices the claimed invention, the party shall identify, separately for each asserted claim, each such apparatus, product, device, process, method, act, or other instrumentality that incorporates or reflects that particular claim. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 6. If a party claiming patent infringement alleges willful infringement, the basis for such allegation. B. Document Production Accompanying Disclosure With the Disclosure of Asserted Claims and Infringement Contentions, the party claiming patent infringement shall produce the following items, identifying the documents corresponding to each category by production number: 1. 2. A copy of the file history for each patent in suit. All documents evidencing ownership of the patent rights by the party asserting patent infringement. 3. If a party identifies instrumentalities under Section II.A.5, documents sufficient to show the operation of any aspects or elements of such instrumentalities the patent claimant relies upon as embodying any asserted claims. C. Early Meeting of Counsel No later than 14 days after the service of the materials required by Sections II.A and II.B, counsel for the parties shall exchange Federal Rule of Civil Procedure 26(a)(1)(A) initial disclosures and meet in person or telephonically to prepare for the scheduling conference and prepare the Joint Rule 26(f) Report. Both sides have the duty to schedule the meeting and comply with this paragraph, with the plaintiff 20 initiating the process. The parties should consider, where applicable, consolidation of 21 22 23 24 25 26 27 28 related cases, including for trial, and transfer for pretrial purposes through the Judicial Panel on Multidistrict Litigation. The parties should consider the Federal Circuit Advisory Committee’s Model Order Limiting Excess Patent Claims and Prior Art. The parties should discuss timing of settlement proceedings under the Court-Directed Alternative Dispute Resolution Program, recognizing settlement decisions, like other business decisions, are often made with incomplete information. The parties shall submit their Joint Rule 26(f) Report no later than 14 days after the early meeting of counsel. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. Invalidity Contentions No later than 14 days after the date of the scheduling conference, each party opposing a claim of patent infringement shall serve on all parties Invalidity Contentions containing the following information: 1. The identity of each item of prior art that allegedly anticipates each asserted claim or renders it obvious. Each prior art patent shall be identified by its number, country of origin, and date of issue. Each prior art publication shall be identified by its title, date of publication, author, and publisher. Prior art under 35 U.S.C. § 102(a) or (b) shall be identified by specifying the item offered for sale or publicly used or known, the date the offer or use took place or the information became known, and the identity of the person or entity which made the use or which made and received the offer, or the person or entity which made the information known or to whom it was made known. Prior art under 35 U.S.C. § 102(f), or other claim of derivation, shall be identified by providing the name of the person(s) from whom and the circumstances under which the invention or any part of it was derived. Prior art under 35 U.S.C. § 102(g) shall be identified by providing the identities of the person(s) or entities involved in and the circumstances surrounding the making of the invention before the patent applicant(s). 2. Whether each item of prior art anticipates each asserted claim or renders it obvious. If obviousness is alleged, an explanation of why the prior art renders the asserted claim obvious, including an identification of any combinations of prior art showing obviousness. 3. A chart identifying where specifically in each alleged item of prior art each limitation of each asserted claim is found, including, for each limitation such party contends is governed by 35 U.S.C. § 112(f), the 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 identity of the structure(s), act(s), or material(s) in each item of prior art that performs the claimed function. 4. Any grounds of invalidity based on 35 U.S.C. § 101, indefiniteness under 35 U.S.C. § 112(b), or enablement or written description under 35 U.S.C. § 112(a) of any of the asserted claims. E. Document Production Accompanying Invalidity Contentions With the Invalidity Contentions, the party opposing a claim of patent infringement shall produce the following items, identifying the documents corresponding to each category by production number: 1. Source code, specifications, schematics, flow charts, artwork, formulas, or other documentation sufficient to show the operation of any aspects or elements of an Accused Instrumentality identified by the patent claimant’s Section II.A.3 chart. 2. A copy or sample of the prior art identified under Section II.D.1 that does not appear in the file history of the patent(s) at issue. To the extent any such item is not in English, an English translation of the portion relied upon shall be produced. F. Disclosure Requirement in Patent Cases for Declaratory Judgment of Invalidity In all cases where a party files a complaint or other pleading seeking a declaratory judgment that a patent is invalid, Sections II.A and II.B shall not apply unless and until a claim for patent infringement is made, and the party asserting patent infringement shall have 28 days (instead of 14 days) after the Order Setting Scheduling Conference is issued to make its disclosures pursuant to Sections II.A and II.B. If the defendant does not assert a claim for patent infringement in its answer to the complaint, the party seeking a declaratory judgment of invalidity shall serve upon each opposing party its Sections II.D and II.E disclosures no later than 14 days after the Order Setting Scheduling Conference is issued. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 III. CLAIM CONSTRUCTION A. Exchange of Proposed Terms for Construction No later than 14 days after service of the Sections II.D and II.E disclosures, each party shall serve on each other party a list of claim terms the party contends should be construed by the Court and identify any claim term the party contends should be governed by 35 U.S.C. § 112(f). The parties shall then work to limit the terms in dispute by narrowing or resolving differences, and to jointly identify the 10 terms likely to be most significant to the case. B. Exchange of Claim Constructions and Extrinsic Evidence No later than 14 days after the exchange of the Section III.A lists, the parties shall simultaneously exchange proposed constructions of each term identified by either party for claim construction. Each such construction shall also, for each term that any party contends is governed by 35 U.S.C. § 112(f), identify the structure(s), act(s), or material(s) corresponding to that term’s function. At the same time the parties exchange their constructions, each party shall also identify all references from the specification or prosecution history that support its proposed construction and designate any supporting extrinsic evidence including, without limitation, dictionary definitions, citations to learned treatises and prior art, and testimony of percipient and expert witnesses. Extrinsic evidence shall be identified by production number and by 20 producing a copy if not previously produced. For any supporting witness, percipient 21 22 23 24 25 26 27 28 or expert, the identifying party shall also provide a declaration containing that witness’s testimony regarding claim construction. The parties shall then meet and confer to narrow the issues and finalize preparation of a Joint Claim Construction and Prehearing Statement. C. Completion of Claim Construction Discovery No later than 28 days after service of the material required by Section III.B, the parties shall complete all discovery desired for claim construction, including any depositions of fact and expert witnesses regarding claim construction. 7 D. Joint Claim Construction and Prehearing Statement No later than seven days after the completion of claim construction discovery, the parties shall complete and file a Joint Claim Construction and Prehearing Statement. The Joint Claim Construction and Prehearing Statement shall contain the following information: 1. 2. The parties’ agreed constructions. A chart showing each party’s proposed construction of each disputed term, together with an identification of all references from the specification or prosecution history supporting that construction, and an identification of any extrinsic evidence supporting its proposed construction or undermining any other party’s proposed construction, including, but not limited to, dictionary definitions, citations to learned treatises and prior art, and testimony of percipient and expert witnesses. 3. An identification of up to 10 terms whose construction will be most significant to the case. If the parties cannot agree on the 10 most significant terms, the parties shall identify the ones they agree are most significant and then they may evenly divide the remainder. While the Court may in its discretion construe more than 10 terms, the total terms identified by all parties as most significant cannot exceed 10. For example, in a case involving two parties, if the parties agree upon the identification of five terms as most significant, each may only identify two additional terms as most significant. A failure to make a good faith effort to narrow the instances of disputed terms or otherwise participate in the meet and confer process of any of the provisions in Section III may expose counsel to sanctions, including under 28 U.S.C. § 1927. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 4. Whether the party believes it will need more than 45 minutes total for all its presentation at a claim construction hearing and, if so: (a) how much time, and (b) why more time is necessary. 5. Whether any party proposes to call one or more witnesses at a claim construction hearing, the identity of each such witness, and for each witness, a summary of the testimony including, for any expert, each opinion to be offered on claim construction. E. Claim Construction Briefs No later than seven days after the filing of the Joint Claim Construction and Prehearing Statement, the parties shall file simultaneous opening claim construction briefs of not more than 25 pages. No later than 14 days after the filing of the opening briefs, the parties shall file simultaneous responsive briefs of not more than 10 pages. With its responsive brief, each party shall submit any presentation material (such as demonstrative exhibits, including PowerPoint or other slide presentations) it wishes to use at a claim construction hearing, and may submit a technology tutorial of no more than 20 minutes in length. Any presentation materials shall be served on all parties as of the time that they are filed. The Court will not accept, and will not permit the parties to use, any presentation material that was not submitted with the briefing at any claim construction hearing. If a party wishes to use a physical exhibit at a claim 20 construction hearing, it shall file with its responsive brief photographs of the physical 21 22 23 24 25 26 27 28 exhibit along with a statement that it intends to use the physical exhibit at the hearing. Concurrently with the filing of the responsive briefs, the parties shall jointly lodge with the Court the following material: 1. A chart in Word format providing the parties’ proposed constructions of each disputed term, with a column for the Court’s construction. 2. An annotated copy of the certified file history for each asserted patent. Each file history shall be printed double-sided, indexed, tabbed, and compiled in a three-ring binder. Each office action, response, filing, or 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 other communication shall be given a separate tab, with the date of each clearly designated. Portions of the file history relied upon by the patentee for claim construction shall be highlighted in yellow. Portions of the file history relied upon by the accused infringer(s) shall be highlighted in blue. Portions of the file history relied upon by both sides shall be highlighted in green. 3. An electronic copy of each file history on a USB flash drive. Each file history shall be a single PDF file with bookmarks corresponding to the tabs on the paper copy and shall contain the highlighting present on the paper copy. F. Claim Construction Hearing Subject to the Court’s calendar, approximately 112 days (16 weeks) after the scheduling conference, the Court may conduct a claim construction hearing. Each side shall have 45 minutes for its presentation, subject to enlargement at the Court’s discretion. Again, parties may not use at the hearing any presentation material they did not previously serve on opposing counsel and submit to the Court in accordance with Section III.E. IV. FINAL CONTENTIONS, EXPERT REPORTS, DISCLOSURE OF ADVICE OF COUNSEL, AND MOTION HEARING CUT-OFF A. Final Infringement Contentions and Expert Reports No later than 28 days after the Court’s claim construction ruling, the party claiming patent infringement shall produce the following information: 1. All Rule 26 expert reports on issues where the party claiming patent infringement bears the burden of proof. 2. A statement that its Section II.A contentions are its Final Infringement Contentions or, in the alternative, Final Infringement Contentions that amend its Section II.A contentions. A party serving Final Infringement Contentions that amend its prior contentions shall also provide a redline 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 against its prior contentions and a statement of reasons for each amendment. Amendments are subject to a good cause standard but do not require prior Court approval where they are made due to a claim construction by the Court different from that proposed by the party seeking amendment, or recent discovery of nonpublic information about the Accused Instrumentality that was not discovered, despite diligent efforts, before the service of the Infringement Contentions. The deadlines established herein do not excuse the requirement to supplement disclosures and discovery responses promptly. If a party receiving Final Infringement Contentions believes amendments were made without good cause, it may move the Court to strike them. B. Final Invalidity Contentions and Expert Reports No later than 28 days after service of the Final Infringement Contentions, the party opposing a claim of patent infringement shall produce the following information: 1. All Rule 26 expert reports on issues where the party opposing a claim of patent infringement bears the burden of proof. 2. A statement that its Section II.D contentions are its Final Invalidity Contentions or, in the alternative, Final Invalidity Contentions that amend its Section II.D contentions. A party serving Final Invalidity Contentions that amend its prior contentions shall also provide a redline against its prior contentions and a statement of reasons for each amendment. Amendments are subject to a good cause standard but do not require prior Court approval where they are made due to a claim construction by the Court different from that proposed by the party seeking amendment, or recent discovery of material prior art that was not discovered, despite diligent efforts, before the service of the Invalidity Contentions. 11 The deadlines established herein do not excuse the requirement to supplement disclosures and discovery responses promptly. If a party receiving Final Invalidity Contentions believes amendments were made without good cause, it may move the Court to strike them. C. Rebuttal Expert Reports and Close of Discovery Rebuttal expert reports are due no later than 28 days after service of the parties’ respective Sections IV.A and IV.B reports. Discovery closes 28 days after service of the latest set of rebuttal reports. This will typically be approximately 112 days (16 weeks) after the Court’s claim construction ruling. Amendments to or supplementation of expert reports after the deadlines established herein are presumptively prejudicial and will not be allowed absent prior leave of court upon a showing of good cause the amendment or supplementation could not reasonably have been made earlier and the opposing party is not unfairly prejudiced. D. Advice of Counsel No later than 28 days after the Court’s claim construction ruling, each party relying upon advice of counsel as part of a patent-related claim or defense for any reason shall produce the following information: 1. Any written advice and related documents for which the attorney-client and work-product protection have been waived. 2. A written summary of any oral advice and related documents for which the attorney-client and work-product protection have been waived. 3. A privilege log identifying any other documents, except those authored by counsel acting solely as trial counsel, relating to the subject matter of the advice that the party is withholding on the grounds of attorney-client privilege or work-product protection. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 A party that fails to comply with this provision will not be permitted to rely on advice of counsel for any purpose absent a stipulation of all parties or order of the Court. E. Motion Hearing Cut-Off All dispositive motions shall be noticed for hearing on or before the motion hearing cut-off, which will typically be approximately 56 days (8 weeks) after the close of discovery. V. TRIAL Generally, trial procedure is governed by this Court’s Civil Trial Scheduling Order and the Central District of California’s Local Civil Rules, except to the extent either is inconsistent with any provision of this Order. In extraordinary cases, the Court will consider implementing alternative trial procedures, such as allowing short statements introducing each witness’s testimony before examination and giving the jury a full set of instructions before the presentation of evidence. IT IS SO ORDERED. Dated: HONORABLE KENLY KIYA KATO United States District Judge 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13

=== KK Standing Protective Order for Patent Cases .pdf ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA [PLAINTIFFS], ET AL., Case No. EDCV XX-XXXX-KK (XXx) Plaintiff(s), v. [DEFENDANTS], ET AL., Defendant(s). STANDING PROTECTIVE ORDER FOR PATENT CASES NOTE: SUBMISSION OF A DOCUMENT APPEARING TO BE THIS FORM SHALL BE A CERTIFICATION THAT IT IS THIS FORM UNLESS CLEARLY NOTED OTHERWISE IN THE TITLE ABOVE WITH THE WORD “(MODIFIED).” COUNSEL SHALL ADHERE TO THE ASSIGNED MAGISTRATE JUDGE’S REQUIREMENTS WITH RESPONSE TO THE PREPARATION OF PROTECTIVE ORDERS FOR ALL NON-PATENT CASES. A. PURPOSE AND LIMITS OF THIS ORDER Discovery in this action is likely to involve confidential, proprietary, or private information requiring special protection from public disclosure and from use for any purpose other than this litigation. Thus, the Court enters this Protective Order. This 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Order does not confer blanket protections on all disclosures or responses to discovery, and the protection it gives from public disclosure and use extends only to the specific material entitled to confidential treatment under the applicable legal principles. This Order does not automatically authorize the filing under seal of material designated under this Order. Local Civil Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the Court to file material under seal. Additionally, this Order does not govern the use of protected material at trial. B. DURATION Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a designator agrees otherwise in writing or a Court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any motions or applications for extension of time pursuant to applicable law. C. DESIGNATING PROTECTED MATERIAL 1. Over-Designation Prohibited Any party or non-party who designates information or items for protection 20 under this Order as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – 21 22 23 24 25 26 27 28 ATTORNEY EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE” (a “designator”) must only designate specific material that qualifies under the appropriate standards. To the extent practicable, only those parts of documents, items, or oral or written communications that require protection shall be designated. Designations with a higher confidentiality level when a lower level would suffice are prohibited. Mass, indiscriminate, or routinized designations are prohibited. Unjustified designations expose the designator to sanctions, including the Court’s striking all confidentiality designations made by that designator. Designation under 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 this Order is allowed only if the designation is necessary to protect material that, if disclosed to persons not authorized to view it, would cause competitive or other recognized harm. Material may not be designated if it has been made public, or if designation is otherwise unnecessary to protect a secrecy interest. If a designator learns information or items it designated for protection do not qualify for protection at all or do not qualify for the level of protection initially asserted, that designator must promptly notify all parties it is withdrawing the mistaken designation. 2. Manner and Timing of Designation Designation under this Order requires the designator to affix the applicable legend (“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE”) to each page that contains protected material. For testimony given in deposition or other proceeding, the designator shall specify all protected testimony and the level of protection being asserted. It may make that designation during the deposition or proceeding, or may invoke, on the record or by written notice to all parties on or before the next business day, a right to have up to twenty-one (21) days from the deposition or proceeding to make its designation. a. A party or non-party that makes original documents or materials available for inspection need not designate them for protection until after the 20 inspecting party has identified which material it would like copied and produced. 21 22 23 24 25 26 27 28 During the inspection and before the designation, all material shall be treated as HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY. After the inspecting party has identified the documents it wants copied and produced, the producing party must designate the documents, or portions thereof, that qualify for protection under this Order. b. Parties shall give advance notice if they expect a deposition or other proceeding to include designated material so the other parties can ensure only authorized individuals are present at those proceedings when such material is 3 disclosed or used. The use of a document as an exhibit at a deposition shall not in any way affect its designation. Transcripts containing designated material shall have a legend on the title page noting the presence of designated material, and the title page shall be followed by a list of all pages (including line numbers as appropriate) that have been designated, and the level of protection being asserted. The designator shall inform the court reporter of these requirements. Any transcript prepared before the expiration of the twenty-one (21) day period for designation shall be treated during that period as if it had been designated HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY unless otherwise agreed. After the expiration of the twenty-one (21) day period, the transcript shall be treated only as actually designated. 3. Inadvertent Failures to Designate An inadvertent failure to designate does not, standing alone, waive protection under this Order. Upon timely assertion or correction of a designation, all recipients must make reasonable efforts to ensure the material is treated according to this Order. D. CHALLENGING CONFIDENTIALITY DESIGNATIONS All challenges to confidentiality designations shall proceed under Local Rules 37-1 through 37-4. E. ACCESS TO DESIGNATED MATERIALS 1. Basic Principles A receiving party may use designated material only for this litigation. Designated material may be disclosed only to the categories of persons and under the conditions described in this Order. 2. Disclosure of CONFIDENTIAL Material Without Further Approval Unless otherwise ordered by the Court or permitted in writing by the designator, a receiving party may disclose any material designated CONFIDENTIAL only 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 4 a. The receiving party’s outside counsel of record in this action and employees of outside counsel of record to whom disclosure is reasonably necessary; b. The officers, directors, and employees of the receiving party to whom disclosure is reasonably necessary, and who have signed the Agreement to Be Bound (attached hereto as Exhibit A); c. Experts retained by the receiving party’s outside counsel of record to whom disclosure is reasonably necessary, and who have signed the Agreement to Be Bound (attached hereto as Exhibit A); d. e. The Court and its personnel; Outside court reporters and their staff, professional jury or trial consultants, and professional vendors to whom disclosure is reasonably necessary, and who have signed the Agreement to Be Bound (attached hereto as Exhibit A); e. During their depositions, witnesses in the action to whom disclosure is reasonably necessary, and who have signed the Agreement to Be Bound (attached hereto as Exhibit A); and f. The author or recipient of a document containing the material, or a custodian or other person who otherwise possessed or knew the information. 3. Disclosure of HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY and HIGHLY CONFIDENTIAL – SOURCE CODE Material Without Further Approval Unless permitted in writing by the designator, a receiving party may disclose material designated HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE without further approval only to: a. The receiving party’s outside counsel of record in this action and employees of outside counsel of record to whom disclosure is reasonably necessary; b. The Court and its personnel; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 c. Outside court reporters and their staff, professional jury or trial consultants, and professional vendors to whom disclosure is reasonably necessary, and who have signed the Agreement to Be Bound (attached hereto as Exhibit A); and d. The author or recipient of a document containing the material, or a custodian or other person who otherwise possessed or knew the information. 4. Procedures for Approving or Objecting to Disclosure of HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE Material to In-House Counsel or Experts Unless agreed to in writing by the designator: a. A party seeking to disclose to in-house counsel any material designated HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY must first make a written request to the designator providing the full name of the in-house counsel, the city and state of such counsel’s residence, and such counsel’s current and reasonably foreseeable future primary job duties and responsibilities in sufficient detail to determine present or potential involvement in any competitive decision-making. In- house counsel are not authorized to receive material designated HIGHLY CONFIDENTIAL – SOURCE CODE. b. A party seeking to disclose to an expert retained by outside counsel of 20 record any information or item that has been designated HIGHLY 21 22 23 24 25 26 27 28 CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE must first make a written request to the designator that (i) identifies the general categories of HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE information the receiving party seeks permission to disclose to the expert, (ii) sets forth the full name of the expert and the city and state of his or her primary residence, (iii) attaches a copy of the expert’s current resume, (iv) identifies the expert’s current employer(s), (v) identifies each person or entity from whom the expert has received compensation or funding 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 for work in his or her areas of expertise (including in connection with litigation) in the past five years, and (vi) identifies (by name and number of the case, filing date, and location of court) any litigation where the expert has offered expert testimony, including by declaration, report, or testimony at deposition or trial, in the past five years. If the expert believes any of this information is subject to a confidentiality obligation to a third party, then the expert should provide whatever information the expert believes can be disclosed without violating any confidentiality agreements, and the party seeking to disclose the information to the expert shall be available to meet and confer with the designator regarding any such confidentiality obligations. c. A party that makes a request and provides the information specified in paragraphs D.4.a or D.4.b may disclose the designated material to the identified in- house counsel or expert unless, within seven days of delivering the request, the party receives a written objection from the designator providing detailed grounds for the objection. d. All challenges to objections from the designator shall proceed under Local Rules 37-1 through 37-4. F. SOURCE CODE 1. Designation of Source Code If production of source code is necessary, a party may designate it as HIGHLY 20 CONFIDENTIAL – SOURCE CODE if it is, or includes, confidential, proprietary, 21 22 23 24 25 26 27 28 or trade secret source code. 2. Location and Supervision of Inspection Any HIGHLY CONFIDENTIAL – SOURCE CODE produced in discovery shall be made available for inspection, in a format allowing it to be reasonably reviewed and searched, during normal business hours or at other mutually agreeable times, at an office of the designating party’s counsel or another mutually agreeable location. The source code shall be made available for inspection on a secured computer in a secured room, and the inspecting party shall not copy, remove, or 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 otherwise transfer any portion of the source code onto any recordable media or recordable device. The designator may visually monitor the activities of the inspecting party’s representatives during any source code review, but only to ensure there is no unauthorized recording, copying, or transmission of the source code. 3. Paper Copies of Source Code Excerpts The inspecting party may request paper copies of limited portions of source code that are reasonably necessary for the preparation of Court filings, pleadings, expert reports, other papers, or for deposition or trial. The designator shall provide all such source code in paper form, including Bates numbers and the label “HIGHLY CONFIDENTIAL – SOURCE CODE.” 4. Access Record The inspecting party shall maintain a record of any individual who has inspected any portion of the source code in electronic or paper form, and shall maintain all paper copies of any printed portions of the source code in a secured, locked area. The inspecting party shall not convert any of the information contained in the paper copies into any electronic format other than for the preparation of a pleading, exhibit, expert report, discovery document, deposition transcript, or other Court document. Any paper copies used during a deposition shall be retrieved at the end of each day and must not be left with a court reporter or any other unauthorized 20 individual. 21 22 23 24 25 26 27 28 G. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION If a party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this action as CONFIDENTIAL, HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY, or HIGHLY CONFIDENTIAL – SOURCE CODE, that party must: a. Promptly notify the designator in writing. Such notification shall include a copy of the subpoena or court order. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 b. Promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is subject to this Order. Such notification shall include a copy of this Order. c. Cooperate with all reasonable procedures sought by the designator whose protected material may be affected. If the designator timely seeks a protective order, the party served with the subpoena or court order shall not produce any information designated in this action as CONFIDENTIAL, HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE before a determination by the court from which the subpoena or order issued, unless the party has obtained the designator’s permission. The designator shall bear the burden and expense of seeking protection in that court of its designated material and nothing in these provisions should be construed as authorizing or encouraging a receiving party in this action to disobey a lawful directive from another court. H. UNAUTHORIZED DISCLOSURE OF DESIGNATED MATERIAL If a receiving party learns, by inadvertence or otherwise, it has disclosed designated material to any person or in any circumstance not authorized under this Order, it must immediately (1) notify in writing the designator of the unauthorized disclosures, (2) use its best efforts to retrieve all unauthorized copies of the designated 20 material, (3) inform the person or persons to whom unauthorized disclosures were 21 22 23 24 25 26 27 28 made of all the terms of this Order, and (4) use reasonable efforts to have such person or persons execute the Agreement to Be Bound (attached hereto as Exhibit A). I. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL When a producing party gives notice certain inadvertently produced material is subject to a claim of privilege or other protection, the obligations of the receiving parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 provision is not intended to modify whatever procedure may be established in an e- discovery order that provides for production without prior privilege review pursuant to Federal Rules of Evidence 502(d) and (e). J. FILING UNDER SEAL Without written permission from the designator or a Court order, a party may not file any designated material in the public record in this action. A party seeking to file under seal any designated material must comply with Local Rule 79-5. Filings may be made under seal only pursuant to a Court order authorizing the sealing of the specific material at issue. The fact that a document has been designated under this Order is insufficient to justify filing under seal. Instead, parties must explain the basis for confidentiality of each document sought to be filed under seal. Because a party other than the designator will often be seeking to file designated material, cooperation between the parties in preparing, and in reducing the number and extent of, requests for under seal filing is essential. Accordingly, counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application wherein the basis for the sealing is that it has been deemed confidential by the other party. No later than two (2) calendar days after the meet and confer process, the opposing party shall confirm whether such information shall be designated as confidential or whether it can be made available to 20 the public. Such an application shall contain the dates and method by which the 21 22 23 24 25 26 27 28 parties met and conferred, otherwise, it will be denied without prejudice to an amended application being filed after counsel have completed this process. If a receiving party’s request to file designated material under seal pursuant to Local Rule 79-5 is denied by the Court, then the receiving party may file the material in the public record unless (1) the designator seeks reconsideration within four (4) days of the denial, or (2) otherwise instructed by the Court. /// /// 10 K. FINAL DISPOSITION After the final disposition of this action, as defined in Section B, within 60 days of a written request by the designator, each receiving party must return all protected material to the designator or destroy such material. As used in this Section, “all protected material” includes all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of the protected material. Whether the protected material is returned or destroyed, the receiving party must submit a written certification to the designator by the 60-day deadline that (1) identifies (by category, where appropriate) all the designated material that was returned or destroyed and (2) affirms the receiving party has not retained any copies, abstracts, compilations, summaries or any other format reproducing or capturing any of the designated material. Notwithstanding this provision, counsel are entitled to retain an archival copy of all pleadings; motion papers; trial, deposition, and hearing transcripts; legal memoranda; correspondence, deposition and trial exhibits; expert reports; attorney work product; and consultant and expert work product, even if such materials contain designated material. Any such archival copies that contain or constitute designated material remain subject to this Order as set forth in Section B. IT IS SO ORDERED. Dated: HONORABLE KENLY KIYA KATO 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 11 EXHIBIT A AGREEMENT TO BE BOUND I, _____________________________ [print or type full name], of _____________________________ [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Protective Order that was issued by the United States District Court for the Central District of California on ____________ [date] in the case of ________________________ [insert formal name of the case and the number and initials assigned to it by the Court]. I agree to comply with and to be bound by all the terms of this Protective Order, and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment for contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Protective Order to any person or entity except in strict compliance with this Order. I further agree to submit to the jurisdiction of the United States District Court for the Central District of California for the purpose of enforcing this Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint __________________________ [print or type full name] of _______________________________________ [print or type full address and telephone number] as my California agent for service of process in connection with 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 this action or any proceedings related to enforcement of this Order. 21 22 23 24 25 26 27 28 Date: ________________ City and state where sworn and signed: _____________________________ Printed name: _______________________ Signature: ___________________________ 12

=== KK Civil Trial Scheduling Order ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA [PLAINTIFF], ET AL., Case No. EDCV XX-XXXX-KK (XXx) Plaintiff(s), v. [DEFENDANT], ET AL., Defendant(s). CIVIL TRIAL SCHEDULING ORDER Last Day to Stipulate or File Motion to Amend Pleadings or Add New Parties: Fact Discovery Cut-Off (including hearing of discovery motions): Last Day to Serve Initial Expert Reports: Last Day to Serve Rebuttal Expert Reports: Expert Discovery Cut-Off (including hearing of discovery motions): Motion Hearing Cut-Off: Last Day to Conduct Settlement Proceedings: Final Pretrial Conference: [DATE] at 10:30 a.m. [Jury/Bench] Trial: [DATE] at [8:30 a.m./9:00 a.m.] This case is set for trial before the Honorable Kenly Kiya Kato, 3470 12th Street, 3rd Floor, Courtroom 3, Riverside, CA 92501. /// /// 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. MOTIONS Judge Kato hears motions in civil cases on Thursdays at 9:30 a.m. The cut-off date for hearing motions is the last day on which motions will be heard, i.e., the motion must be filed at least twenty-eight (28) days before the deadline in accordance with the requirements of Local Rule 6-1. The motion hearing cut-off date applies to all non-discovery motions except: (1) motions for class certification, which shall be filed in accordance with the deadline set forth in the Court’s Civil Standing Order,1 and (2) motions directly related to the conduct of trial, e.g., motions in limine and motions to sever parties or bifurcate issues for trial, which shall be properly noticed for hearing no later than the date of the Final Pretrial Conference. All parties and counsel must comply with Local Rule 7-16, which provides: Any moving party who intends to withdraw the motion before the hearing date shall file and serve a withdrawal of the motion, not later than seven (7) days preceding the hearing. Any opposing party who no longer intends to oppose the motion, shall file and serve a withdrawal of the opposition, not later than seven (7) days preceding the hearing. Failure to comply with this notification requirement may result in the imposition of sanctions on the offending counsel or party. II. DISCOVERY Counsel shall initiate all discovery other than depositions at least forty-five (45) days before the cut-off date. The Court will not approve stipulations between counsel which permit responses to be served after the cut-off date except in unusual circumstances and for good cause shown. Counsel are expected to resolve discovery problems without the assistance of the Court. The discovery cut-off is the last date to complete discovery. It is also the last day for hearing any discovery motion. In addition, any motion challenging the The Court’s Civil Standing Order is available on Judge Kato’s Schedule and 1 Procedures webpage at http://www.cacd.uscourts.gov/honorable-kenly-kiya-kato. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 adequacy of responses to discovery must be served and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date, if the motion is granted. III. SETTLEMENT PROCEDURES The parties must complete settlement proceedings under the Court-Directed Alternative Dispute Resolution (“ADR”) Program (Local Rule 16-15.4) no later than the date set by the Court above. The parties shall schedule their ADR proceeding as soon as reasonable, but (1) no later than ninety (90) days prior to the ADR deadline, if the Court has ordered the parties to participate in ADR Procedure No. 1, and (2) no later than sixty (60) days after the entry of this Order, if the Court has ordered the parties to participate in ADR Procedure Nos. 2 or 3. Within seven (7) days of scheduling the ADR proceeding, Plaintiff shall file a Joint Statement confirming that the parties have done so and the date of the proceeding. If the parties desire to participate in an ADR procedure other than that selected in the Rule 26(f) Joint Report and ordered by the Court, they shall file a stipulation with the Court. This request will not necessarily be granted. Plaintiff shall file a Joint Report regarding the outcome of settlement discussions, the likelihood of possible further discussions, and any help the Court may provide with regard to settlement negotiations no later than seven (7) days after the 20 settlement conference. No case will proceed to trial unless all parties, including the 21 22 23 24 25 26 27 28 principals of all corporate parties, have appeared personally at a settlement conference and complied with Local Rule 16-15.5. If a settlement is reached, it shall be reported immediately to this Court as required by Local Rule 16-15.7. In all cases set for jury trial, the parties must notify the Court, no later than the Wednesday preceding the Monday trial date, of any settlement, so that the necessary arrangements can be made to bring in a different case for trial or notify the members of the public who would otherwise be reporting for jury duty that their services are no longer needed. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Failure to comply with this notification requirement may result in the imposition of sanctions on counsel for one or more parties, or their clients, or both. Upon receipt of oral or written notice that a case has settled, the Court will administratively close the case and if no agreed final order or judgment is thereafter submitted within thirty (30) days, or if no party files a motion to reopen within such time, the case shall, without further order, stand dismissed with prejudice. IV. FINAL PRETRIAL CONFERENCE The Court will conduct a Final Pretrial Conference pursuant to Federal Rule of Civil Procedure 16 and Local Rule 16-1 on the date and time listed above. Each party appearing in this action shall be represented at the Final Pretrial Conference and at all pretrial meetings by the lead trial counsel. In rare cases where the Final Pretrial Conference is waived by the Court, counsel must follow Local Rule 16-11. This Court does not exempt pro se parties from the requirements of Local Rule 16. 1. Matters to be Discussed at the Final Pretrial Conference Counsel shall be prepared to discuss the following matters with the Court at the Final Pretrial Conference: ● streamlining the trial, including presentation of testimony by deposition excerpts, time limits, stipulations as to undisputed facts, and qualification of experts by admitted resumes; ● the witnesses all parties intend to call during their respective cases, and the amount of time necessary for direct and cross examination of each witness; ● any anticipated issues in scheduling witnesses; ● any evidentiary issues, including anticipated objections under Rule 403, and objections to exhibits; ● jury selection procedures; ● all pretrial motions, including motions in limine, to bifurcate, and to sever; 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ● any disputed jury instructions, and the form of the instructions which will be given to the jury at the outset of the case, i.e., before opening statements and presentation of evidence; ● whether any counsel intends to use any evidence or demonstrative aid in opening statement; and ● who will be seated at counsel table. No attorney shall be permitted to sit at counsel table who does not actively participate in trial. The Court strongly encourages lead counsel to permit newer attorneys to present argument and/or examine witnesses at trial. If counsel for any party need to arrange for the installation of their own equipment, such as video monitors, notebooks, or overhead projectors, counsel shall notify the Courtroom Deputy Clerk (“CRD”) no later than 4:00 p.m. seven (7) days before trial so that the necessary arrangements can be made. 2. Pretrial Filings Counsel shall submit 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 through 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. The filing schedule for 20 pretrial documents is as follows: At least 28 days before final pretrial conference • Motions in limine At least 21 days before final pretrial conference • Memorandum of contentions of fact and law • Joint witness list with time estimates for each witness • Joint exhibit list • Oppositions to motions in limine 21 22 23 24 25 26 27 28 /// 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 At least 14 days before final pretrial conference • Proposed final pretrial conference order • Stipulation of facts • Joint exhibit stipulation • Proposed jury instructions, and any objections • Proposed verdict form(s) • Joint statement of the case • Proposed voir dire questions At least 7 days before trial • Exhibit binders • Deposition designations • Trial briefs, if desired A. Motions in Limine Each side is limited to five (5) motions in limine. Memoranda of Points and Authorities in support of or in opposition to motions in limine shall not exceed ten (10) pages. Replies will not be accepted. Motions in limine shall not be compound, i.e., each motion shall address only one item of evidence or witness. If common grounds for exclusion or admission apply to multiple items of evidence or witnesses, each motion shall address only one category of evidence or witnesses. 20 Motions in limine should not be disguised motions for summary adjudication of 21 22 23 24 25 26 27 28 issues. B. Witness List At least twenty-one (21) days before the Final Pretrial Conference, counsel shall file their joint witness list, which shall include a phonetic spelling of each witness’s name, a brief description of each witness’s anticipated testimony, and time estimates for direct examination and cross examination of each witness: Witness Name Party Calling Time: Direct Exam. Time: Cross Exam. Description of Testimony John Doe (J-on D-oh) P 1.0 hr 0.5 hr 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On the first day of trial, counsel shall provide three copies of witness lists, in the order in which the witnesses may be called to testify to the CRD, in the following form: Witness Name 1. 2. John Doe Jane Roe Date Called to Testify C. Exhibit List, Joint Exhibit Stipulation, and Exhibit Binders At least twenty-one (21) days before the Final Pretrial Conference, counsel shall file their Joint Exhibit List in the following form: Exhibit No. Description Date Identified Date Admitted 3 1/30/2020 Letter from Doe to Roe At least fourteen (14) days before the Final Pretrial Conference, counsel shall file their Joint Exhibit Stipulation, which shall include objections to exhibits, the basis of the objection, and the offering party’s response. Each objection must include the grounds for the objection (e.g., a Federal Rule of Evidence) and an explanation of why the disputed exhibit is not admissible. Any blanket or boilerplate objections to the opposing party’s exhibits will be disregarded and overruled. The parties shall stipulate to the authenticity and foundation of exhibits whenever possible, and the Joint Exhibit Stipulation shall identify any exhibits to which authenticity or foundation have not been stipulated and the specific reasons for the parties’ failure to stipulate. The Joint Exhibit Stipulation shall be in the following form: Exhibit No. Exhibit Description Objection / Response Stipulation to Authenticity and Foundation At least seven (7) days before Trial, counsel shall submit their exhibits in both hard copy and electronic (e.g., USB) format. All exhibits are to be numbered in accordance with Local Rule 26-3. The hard copy exhibits shall be placed in 3-ring 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 binders that are tabbed down the right side with exhibit numbers. Counsel shall prepare three exhibit binders: (1) an original for the CRD, which shall be tagged with the appropriate exhibit tags in the upper right hand corner of the first page of each exhibit, (2) one copy for the Court, and (3) one copy for the witness. The spine portion of the binder shall indicate the volume number of the binder. Each binder shall contain an index of the exhibits included in the volume. The original copy of the exhibits shall be labeled with the Court’s exhibit tags. The parties shall use yellow tags for plaintiff and blue tags for defendant, which shall be stapled to the front of the exhibit on the upper right corner with the case number, case name, and exhibit number placed on each tag. Counsel can obtain exhibit tags at the Clerk’s Office, Room 134, 1st Floor, 3470 Twelfth Street, Riverside. The three exhibit binders and device(s) containing electronic copies of the exhibits shall be delivered to Judge Kato’s “Mandatory Chambers Copies” box. If they do not fit in the “Mandatory Chambers Copies” box, the courier shall buzz chambers and will be met at the courtroom doors to complete the delivery. On the first day of Trial, counsel shall provide three copies of the exhibit list to the CRD. D. Final Pretrial Conference Order and Stipulation of Facts At least fourteen (14) days before the Final Pretrial Conference, counsel 20 shall file a proposed Final Pretrial Conference Order. In drafting the proposed Final 21 22 23 24 25 26 27 28 Pretrial Conference Order, counsel shall make a good faith effort to agree on and set forth as many uncontested facts as possible. Counsel shall file a separate Stipulation of Facts identifying the uncontested facts. The Court may read the uncontested facts to the jury at the start of the trial. In drafting the factual issues in dispute for the proposed Final Pretrial Conference Order, the issues of fact should track the elements of a claim or defense upon which the jury would be required to make findings. Counsel should attempt to state issues in ultimate fact form, not in the form of evidentiary fact issues (i.e., “was 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 the defendant negligent?”; “was such negligence the proximate cause of injury to the plaintiff?”; “was the plaintiff negligent?”; not, “was the plaintiff standing on the corner of 5th and Spring at 10:00 a.m. on May 3?”). Counsel may list sub-issues under the headings of ultimate fact issues, but shall not use this as a device to list disputes over evidentiary matters. Issues of law should state legal issues upon which the Court will be required to rule after the Final Pretrial Conference, including during the trial, and should not list ultimate fact issues to be submitted to the trier of fact. E. Jury Instructions and Verdict Form(s) At least fourteen (14) days before the Rule 16-2 Meeting of Counsel, counsel shall exchange proposed jury instructions and verdict form(s). Seven (7) days before the Rule 16-2 meeting, counsel shall exchange any objections to the instructions and verdict form(s). Prior to or at the time of the Rule 16-2 meeting, counsel shall meet and confer with the goal of reaching agreement as to one set of joint, undisputed jury instructions and one joint, undisputed verdict form or set of verdict forms. At least fourteen (14) days before the Final Pretrial Conference, the parties shall file proposed jury instructions and proposed verdict form(s). In addition to filing the agreed-upon and disputed jury instructions and proposed verdict form(s), 20 the parties must submit electronic versions (Word format) of both the agreed-upon 21 22 23 24 25 26 27 28 and disputed jury instructions and the proposed verdict form(s) to the Court at the following e-mail address: [email protected]. As noted above, the parties must act jointly to submit proposed jury instructions. The parties must submit one set of agreed-upon jury instructions. The parties must also submit a disputed set of jury instructions containing the instructions upon which the parties disagree. If applicable, the disputed jury instructions shall include redlined edits of the language over which the parties disagree. The party opposing the instruction must attach a short (i.e., one to two paragraphs) statement 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 supporting the objection, and the party submitting the instruction must attach a short statement supporting the instruction. Each statement should be on a separate page and should follow directly after the disputed instruction. Accordingly, the parties ultimately will submit one document of jury instructions or, if the parties disagree over any proposed jury instructions, two documents. If the parties submit two documents, those documents should consist of: (1) a set of agreed-upon jury instructions, and (2) a set of disputed, redlined jury instructions along with reasons supporting and opposing each disputed instruction. Where the Manual of Model Civil Jury Instructions for the Ninth Circuit (2017 edition) provides a version of a requested instruction, the parties should submit the Model instruction. Where California law applies, the Court prefers counsel to use the Judicial Council of California, Civil Instructions (“CACI”). If neither of the above sources has an instruction on the subject, counsel are directed to consult the current edition of O’Malley, et al., Federal Jury Practice and Instructions. Each requested instruction shall (a) cite the authority or source of the instruction, (b) be set forth in full, (c) be on a separate page, (d) be numbered, (e) cover only one subject or principle of law, and (f) not repeat principles of law contained in any other requested instruction. An index page shall accompany all jury instructions submitted. The index page 20 shall indicate the following: • The number of the instruction; • A brief title of the instruction; • The source of the instruction and any relevant case citations; and • The page number of the instruction. Example: Number Title Source 1 Burden of Proof 9th Cir. 12.02 Page 7 21 22 23 24 25 26 27 28 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 In addition to the jury instructions, the parties shall submit their proposed verdict form(s). If the parties cannot agree on a proposed verdict form or set of verdict forms, the parties must jointly submit their proposed verdict form(s) with redlines noting any disputed language. F. Joint Statement of the Case and Voir Dire At least fourteen (14) days before the Final Pretrial Conference, each counsel must file any proposed voir dire questions to be asked of prospective jurors. Counsel shall also prepare a Joint Statement of the Case which will be read by the Court to the prospective panel of jurors prior to the commencement of voir dire. The statement should not be longer than two or three paragraphs and shall not exceed one page. The parties must submit an electronic version (Word format) to the Court at the following e-mail address: [email protected]. G. Deposition Designations At least seven (7) days before trial, counsel shall lodge any deposition(s) that they intend to use at trial in both hard copy and electronic (e.g., USB) format. Counsel shall identify on the deposition transcript(s) the testimony the party intends to offer and whether the testimony will be offered for impeachment or in lieu of live testimony. In addition, for testimony that will be offered in lieu of live testimony, counsel shall meet and confer to identify any objections to the proffered evidence in 20 the margins of the deposition by briefly providing the ground for the objection and 21 22 23 24 25 26 27 28 the response to the objection. The hard copy depositions and device(s) containing electronic copies of the depositions shall be delivered to Judge Kato’s “Mandatory Chambers Copies” box. If they do not fit in the “Mandatory Chambers Copies” box, the courier shall buzz chambers and will be met at the courtroom doors to complete the delivery. H. Court Reporter At least seven (7) days before trial, counsel for the parties shall provide the court reporter with a list of unusual words, phrases, and spellings that may come up 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 during trial. This information should be emailed to the CRD at [email protected]. V. TRIAL The Court sets firm trial dates. Counsel shall arrive at the courtroom not later than half an hour before the start of trial each day of trial. The Court reserves that time to handle legal and administrative matters outside the presence of the jury. Counsel shall anticipate matters that may need discussion or hearing outside the presence of the jury and raise them during this period. Trials are generally conducted Monday through Friday. The Court will adopt a particular time schedule on a case-by-case basis. In general, the schedule will be: (i) from 8:30 a.m. to 2:30 p.m. with two or three 20-minute breaks; or (ii) from 9:00 a.m. to 4:30 p.m., with a 15-minute break in both the morning and the afternoon, and a one-hour lunch break. In most cases, jury selection is completed on the first morning of trial, and counsel should be prepared to give opening statements and begin presentation of evidence immediately thereafter. All counsel are asked to observe the following practices during trial: 1. All counsel, defendants, and parties shall rise when the jury enters and leaves the courtroom. 2. Counsel shall stand when addressing the Court, including when objecting to opposing counsel’s questions. 3. When objecting, counsel shall stand and should state only “objection,” and the legal ground for the objection (e.g., hearsay, irrelevant, etc.). Counsel should refrain from arguing the legal basis for the objection unless permission is granted to do so. 4. Counsel must seek leave to approach the CRD or the witness, and should question witnesses while standing at the lectern. 5. Counsel should not address or refer to witnesses or parties by first names alone, with the exception of witnesses under 14 years old. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. The Court will establish time limits for opening statements and closing arguments and the presentation of each party’s case. The Court strictly enforces the set time limits. 7. Counsel shall not discuss the law or argue the case in opening statements. 8. Counsel shall address all remarks to the Court and should not directly address the CRD, the Court Reporter, opposing counsel, or the jury (except in opening statement and closing argument). Counsel must ask the Court for permission to speak off the record in order to speak with opposing counsel. 9. Counsel shall not make an offer of stipulation unless Counsel has conferred with opposing counsel and believes that the stipulation will be accepted. Any stipulation of fact will require the opposing party’s concurrence and shall be submitted to the Court in writing for approval. 10. While Court is in session, counsel may not leave the counsel table to confer with witnesses, colleagues, or assistants in the back of the courtroom unless the Court grants permission to do so in advance. 11. Where a party has more than one lawyer, only one may conduct the direct or cross-examination of a particular witness, or make objections as to that witness. 12. If a witness was on the stand before a recess or adjournment, counsel shall have the witness back on the stand and ready to proceed when Court resumes. 13. If there is more than a brief delay between witnesses, the Court may deem that the party has rested. 14. The Court attempts to cooperate with witnesses and will, except in extraordinary circumstances, accommodate them by permitting them to be examined out of sequence. Counsel should discuss any scheduling 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 issues with opposing counsel. If there is an objection, counsel shall confer with the Court in advance. 15. Counsel shall not make facial expressions, nod, or shake their heads, or comment or otherwise exhibit in any way any agreement, disagreement, or other opinion or belief concerning the testimony of a witness. Counsel shall admonish their clients and witnesses not to engage in such conduct. 16. Counsel should not talk to jurors at all, and should not talk to co- counsel, opposing counsel, witnesses, or clients where the conversation may be overheard by jurors. Each counsel should admonish counsel’s own clients and witnesses to avoid such conduct. Counsel should not speak with courthouse personnel regarding the trial, jury deliberations, or where the jury stands. Each counsel should admonish counsel’s clients, witnesses, and agents not to engage in such conduct. If any team should inadvertently become aware of jury information, including where the jury stands during deliberations, such information shall not be repeated to anyone without permission of the Court. The parties should immediately notify the Court of such disclosure. 17. Counsel must notify the CRD in advance if any witness should be accommodated based on the Americans with Disabilities Act or for other reasons. VI. WEBSITE Counsel are encouraged to review the Central District’s website for additional information: http://www.cacd.uscourts.gov. /// /// /// /// 14 The CRD is ordered to serve a copy of the Order personally, electronically, or by mail on counsel for all parties to this action. IT IS SO ORDERED. Dated: HONORABLE KENLY KIYA KATO 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 15

=== KK Criminal Standing Order ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Case No. EDCV XX-XXXX-KK (XXx) Plaintiff, v. CRIMINAL MOTION AND TRIAL ORDER [DEFENDANT], ET AL., Pretrial Conference: [DATE] at Defendant(s). Trial: [DATE] at This case is set for trial before the Honorable Kenly Kiya Kato, 3470 12th Street, 3rd Floor, Courtroom 3, Riverside, CA 92501. The Courtroom Deputy Clerk for Judge Kato’s chambers is Noe Ponce. All documents referenced in this Order shall be emailed to Mr. Ponce at [email protected]. I. MOTIONS Judge Kato hears motions in criminal cases on Thursdays at 1:30 p.m. All pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, motions challenging introduction of Federal Rule of Evidence 404(b) evidence, and motions in limine, shall be filed and served on all other counsel in accordance with the requirements of Local Civil Rule 6-1, i.e., at least 28 days before the date set for hearing, if the motion is served electronically or personally on opposing counsel, and at least 31 days before the scheduled hearing date if not served electronically or personally. Opposition and reply memoranda shall be filed and served in compliance 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 the requirements of Local Civil Rule 7-9, i.e., no later than 21 days and 14 days before the hearing date, respectively. All motions in limine and other trial-related motions must be noticed properly for hearing no later than the date of the Pretrial Conference. Each side is limited to three (3) motions in limine, and these motions must be filed as one consolidated motion, as opposed to multiple separate motions. A party seeking to make more than three motions in limine must request leave of court to do so. The Pretrial Conference will be conducted three weeks before the trial date, on Thursday at 1:30 p.m. II. DISCOVERY AND NOTICE Counsel for the government and for defense shall comply with discovery and notice matters pursuant to Federal Rules of Criminal Procedure 12, 12.1, 12.2, 12.3, 15, and 16. Government counsel shall also comply with the notice requirements under Federal Rule of Evidence 404(b)(3). Under federal law, including Rule 5(f) of the Federal Rules of Criminal Procedure, Brady v. Maryland, 373 U.S. 83 (1963), and all applicable decisions interpreting Brady, the government has a continuing obligation to produce all information or evidence known to the government that is relevant to the guilt or punishment of a defendant, including, but not limited to, exculpatory evidence. Accordingly, the Court orders the government to produce to the defendant in a timely manner all information or evidence known to the government that is either: (1) relevant to the defendant’s guilt or punishment; or (2) favorable to the defendant on the issue of guilt or punishment. This Order is entered under Rule 5(f) and does not relieve any party in this matter of any other discovery obligation. The consequences for violating either this Order or the government’s obligations under Brady include, but are not limited to, the following: contempt, sanction, referral to a disciplinary authority, adverse jury instruction, exclusion of evidence, and dismissal of charges. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 III. CHANGE OF PLEA HEARINGS It shall be the joint responsibility of Counsel for the government and for defense to ensure that a copy of the plea agreement is emailed to the Courtroom Deputy Clerk at [email protected] one (1) week prior to the change of plea hearing. IV. PRETRIAL DEADLINES Counsel shall adhere to the following deadlines: a. Counsel or parties appearing pro se must file any requests to continue the trial date or requests for a change of plea hearing at least three (3) weeks before the scheduled trial date. b. Counsel or parties appearing pro se shall file a brief joint statement of the case, no longer than one-half page, to be read to prospective jurors at the time of jury selection. Counsel must provide a copy of the same in Microsoft Word format to chambers, by email to the Courtroom Deputy Clerk at [email protected]. c. Government counsel shall file a trial brief one (1) week before trial. Trial briefs shall include the theory of the case, statements of all witnesses to be called, and any legal issues that counsel anticipates may arise. Defense counsel or parties appearing pro se may, but are not required to, file a trial brief. Defense 20 counsel’s trial brief may be filed ex parte and under seal, but it shall be unsealed and 21 22 23 24 25 26 27 28 served upon the government prior to the defense commencing its case-in-chief. d. Counsel or parties appearing pro se shall file exhibit and witness lists one (1) week before trial. Defense counsel may file exhibit and witness lists ex parte and under seal, but shall provide government counsel copies prior to the defense commencing its case-in-chief. e. Counsel or parties appearing pro se shall file all suggested voir dire questions to be asked of the jury panel by the Court and a list of voir dire questions that counsel intends to ask during attorney-conducted voir dire one (1) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 week before trial. Counsel must provide a copy of the same in Microsoft Word format to chambers by email to the Courtroom Deputy Clerk at [email protected]. The initial voir dire examination is done by the Court, utilizing the Court’s general voir dire questions, and may include the suggested voir dire questions provided by counsel. When the Court has finished asking questions of the entire panel, the Court may, in limited circumstances, provide an opportunity for voir dire by the lawyers. f. The parties shall submit proposed joint jury instructions one (1) week before trial. In order to produce the instructions, the parties shall meet and confer sufficiently in advance of the required submission date with the goal of agreeing upon instructions and verdict forms. The jury instructions shall be submitted as follows: (1) joint jury instructions, i.e., those instructions to which all parties agree; and (2) disputed jury instructions, i.e., those instructions propounded by a party to which another party objects. The party objecting to the disputed instructions must state the reasons for the objection and, if appropriate, provide a proposed alternative instruction with supporting authority, or explain why no instruction on that point is needed. Each requested jury instruction shall be numbered and set forth in full on a separate page, citing the authority for or source of the requested instruction except on the “jury copy” described below. An index page shall accompany all jury instructions that are submitted to the Court. The index page shall indicate the following: 1. 2. 3. 4. The number of the instruction; A brief title of the instruction; The source of the instruction; and The page number of the instruction. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 EXAMPLE: Number Title Source Page Number 1 Duty of the Jury 9th Cir. 1.01 1 Counsel need only submit proposed substantive instructions. The Court will formulate general instructions based primarily on the format set out in the most recent edition of the Manual of Model Criminal Jury Instructions for the District Courts of the Ninth Circuit. If either side seeks a special verdict, counsel shall follow the procedure set forth for joint proposed jury instructions above, in order to formulate a joint proposed special verdict form. Counsel shall submit the proposed special verdict form with the proposed jury instructions. Counsel shall submit electronic versions of the proposed jury instructions and the proposed special verdict form (in Word format) to chambers by email to the Courtroom Deputy Clerk at [email protected]. The Court will send a copy of the final jury instructions into the jury room for use by the jury during deliberations (the “jury copy”). Accordingly, in addition to the filed copies, an extra set of the proposed instructions shall be submitted to the Court with only the text of the instruction on each page (i.e., no titles, supporting authority, 20 indication of party proposing, etc.). The Court strongly prefers counsel use the 21 22 23 24 25 26 27 28 instructions from the Manual of Model Criminal Jury Instructions for District Courts in the Ninth Circuit. V. PRETRIAL CONFERENCE Counsel shall be prepared to discuss the following matters with the Court at the Pretrial Conference: a. The witnesses the government expects to call in its case-in-chief and the amount of time necessary for direct and cross examination for each witness; b. Any anticipated problems in scheduling the witnesses; 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 c. Any evidentiary issues, including problems related to Federal Rule of Evidence 404(b), anticipated objections under Federal Rule of Evidence 403, and objections to exhibits; d. e. f. Jury selections procedures; All pretrial motions not heard and decided previously; Any disputed jury instructions and the form of the instructions which will be given to the jury at the outset of the case, i.e., before opening statements and presentation of evidence; g. Whether any counsel intends to use any evidence or demonstrative aid in opening statement; and h. Motions to exclude witnesses from the courtroom during trial testimony. If counsel for any party needs to arrange for the installation of its own equipment, such as video monitors, tape or compact disk players, notebooks, or overhead projectors, counsel shall notify the Courtroom Deputy Clerk no later than 4:00 p.m. five business days before trial so that the necessary arrangements can be made. VI. REQUIREMENTS FOR TRIAL Counsel, and any parties appearing pro se, shall immediately subpoena all 20 witnesses for the time and trial date as listed above. Failure to do so may result in 21 22 23 24 25 26 27 28 exclusion. On the first day of trial, counsel for the government shall deliver to the Courtroom Deputy Clerk the following documents: a. b. Three copies of the government’s witness list; Three copies of the government’s exhibit list in the form specified by Local Civil Rule 16-6.1; c. All of the government’s exhibits, with official exhibit tags affixed, bearing the same number as that shown on the exhibit list. Defense counsel need not 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 deliver their exhibits to the Courtroom Deputy Clerk on the first day of trial; however, defense counsel is responsible for affixing exhibit tags, complete with the case name and number, to each exhibit to be used in the defense case. Exhibits shall be numbered 1, 2, 3, 4, etc. If an enlargement of an existing exhibit is to be used, counsel shall designate it with the number of the original exhibit followed by an “A.” Templates for exhibit tags are available on the Court’s website, using form G-014. Counsel for the government is notified that the Court will order exhibits such as firearms, narcotics, etc. to remain in the custody of the case agent during the pendency of the trial. The case agent will be required to sign the appropriate form to take custody of the exhibits. It shall be the responsibility of the case agent to produce the items for court, secure them at night, and guard them while in the courtroom; and d. A bench book containing a copy of all exhibits that can be reproduced. Counsel for the government shall mark each exhibit with tabs indicating the exhibit number. Defense counsel shall provide the Court and government counsel with a copy of the defense exhibits if introduced. VII. COURTROOM PROCEDURES The Court sets firm trial dates. Counsel or any parties appearing pro se shall arrive at the courtroom not later than half an hour before the start of trial each day of trial. The Court reserves that time to handle legal and administrative matters 20 outside the presence of the jury. Counsel shall anticipate matters that may need discussion or hearing outside the presence of the jury and to raise them during this period. Trials are generally conducted Monday through Friday. The Court will adopt a particular time schedule on a case-by-case basis. In general, the schedule will be: (i) from 8:30 a.m. to 2:30 p.m. with two or three 20-minute breaks; or (ii) from 9:00 a.m. to 4:30 p.m., with a 15-minute break in both the morning and the afternoon, and a one-hour lunch break. In most cases, jury selection is completed on the first morning 21 22 23 24 25 26 27 28 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of trial, and counsel should be prepared to give opening statements and begin presentation of evidence immediately thereafter. All counsel shall observe the following practices: a. All counsel, defendants, and designated case agents shall rise when the jury enters and leaves the Courtroom; b. Counsel shall stand when addressing the Court, including when objecting to opposing counsel’s questions; c. When objecting, counsel should state only “objection” and the legal ground for the objection (e.g., hearsay, irrelevant, etc.). Counsel should refrain from arguing the legal basis for the objection unless permission is granted to do so; d. Counsel must seek leave to approach the Courtroom Deputy Clerk or the witness and should question witnesses while standing at the lectern; e. Counsel must address and refer to all witnesses, including their clients, by the witness’s surname. Young witnesses, i.e., children younger than age 15 may be addressed by first names; f. The Court may establish reasonable time limits for opening statements and closing arguments and the presentation of each party’s case. g. Counsel shall not discuss the law or argue the case in opening statements; h. Counsel shall address all remarks to the Court and should not address directly the Courtroom Deputy Clerk, the Court Reporter, or opposing counsel. Counsel must ask the Court for permission to talk off the record in order to speak with opposing counsel; i. Counsel shall not make an offer or stipulation unless he or she has conferred with opposing counsel and believes that the stipulation will be accepted. Any stipulation of fact will require the defendant’s (or defendants’) personal concurrence and shall be submitted to the Court in writing for approval. A proposed stipulation should be explained to the defendant(s) in advance; 8 j. While Court is in session, counsel may not leave the counsel table to confer with investigators, assistants, or witnesses in the back of the Courtroom unless the Court grants permission to do so in advance; k. When a party has more than one lawyer, only one of the lawyers may conduct the examination of a given witness and only that same lawyer may handle objections during the testimony of that witness; l. If a witness was on the stand before a recess or adjournment, counsel shall have the witness back on the stand and ready to proceed when Court resumes; m. If there is more than a brief delay between witnesses, the Court may deem that the party has rested; n. The Court attempts to cooperate with witnesses and will, except in extraordinary circumstances, accommodate them by permitting them to be examined out of sequence. Counsel should discuss any scheduling issues with opposing counsel. If there is an objection, confer with the Court in advance. o. Counsel shall not make facial expressions, nod, or shake their heads, or comment or otherwise exhibit in any way any agreement, disagreement, or other opinion or belief concerning the testimony of a witness. Counsel shall admonish their clients and witnesses not to engage in such conduct; p. Counsel should not talk to jurors at all, and should not talk to co- counsel, opposing counsel, witnesses, or clients where the conversation may be overheard by jurors. Each counsel should admonish counsel’s own clients and witnesses to avoid such conduct. Counsel should not speak with courthouse personnel regarding the trial, jury deliberations, or where the jury stands. Each counsel should admonish counsel’s clients, witnesses, and agents not to engage in such conduct. If any team should inadvertently become aware of jury information, including where the jury stands during deliberations, such information, shall not be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 repeated to anyone without permission of the Court. The parties should immediately notify the Court of such disclosure; and q. Counsel must notify the Courtroom Deputy Clerk in advance if any witness should be accommodated based on the Americans with Disabilities Act or for other reasons. VIII. SANCTIONS The Court will consider the imposition of sanctions against any attorney who: (1) fails to timely file trial briefs, suggested voir dire questions, proposed jury instructions, and any other filings as prescribed by this Order or any order extending the time for such filings; or (2) fails to comply with any provision of this order. IT IS SO ORDERED. Dated: HONORABLE KENLY KIYA KATO 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 10