Hon. David O. Carter · U.S. District Court for the Central District of California
PROCEDURES FOR PRESENTING CRIMINAL DOCUMENTS ELECTRONICALLY FOR SEALING 1. When the Application Requesting Sealing and Order Sealing are NOT under seal The filer will electronically file the Application and attach the Proposed Order to the Application in the normal e-filing procedure. The filer will deliver the following documents to the intake window: one conformed copy of the application, one copy of the proposed order, and one copy of the proposed under seal document. (These are the Court’s mandatory chambers copies). NO envelopes are used. The intake clerk will put a red sheet of paper (under seal filing) on top of the papers and put the stack into the Judge’s box at Intake. The intake clerk will not stamp or review the papers. The red paper is a visual reminder that these are under seal documents since the envelopes are no longer being used. The filer must email the judge’s chambers email ([email protected]) with the PDF of the application, PDF of the proposed under seal document, and Word version of the proposed order. The emailed documents and mandatory chambers (hard copies) are due to the Court by 12 noon the day after the e-filing of the Notice of Manual Filing. ALWAYS deliver the mandatory chambers copies of under seal documents to the intake section of the Clerk’s Office in Santa Ana. DO NOT deliver mandatory chambers copies of under seal documents to Judge Carter’s drop box on the 9th Floor. After the Court rules on the application, the courtroom deputy will e-mail conformed copies of the necessary documents to the filer.* The filer is required to serve copies of the conformed under seal documents on all other parties, as necessary, and file a proof of service within 24 hours of the courtroom deputy returning the conformed copies of the documents. *If the file(s) are too large to send over email, the courtroom deputy may only email a copy of the cover page reflecting the file and sealed stamps. 2. When the Application Requesting Sealing and the Order Sealing ARE under seal The filer delivers the following documents to the intake window: one copy of the application, one copy of the proposed order, one copy of the proposed under seal document, and the Notice of Manual Filing. (These are the Court’s mandatory chambers copies). NO envelopes are used. The intake clerk will put a red sheet of paper (under seal filing) on top of the papers and put the stack into the Judge’s box at intake. The Intake Clerk will not stamp or review the papers. The red paper is a visual reminder that these are under seal documents since the envelopes are no longer being used. FYI: For criminal cases, the title of each document as shown on the face page will become the title of the document for docketing purposes. The filer must email the judge’s chambers email ([email protected]) with the PDF of the application, PDF of the proposed under seal document, and Word version of the proposed order. The emailed documents and mandatory chambers (hard copies) are due to the Court by 12 noon the day after the e-filing of the Notice of Manual Filing. ALWAYS deliver the mandatory chambers copies of under seal documents to the intake section of the Clerk’s Office in Santa Ana, DO NOT deliver mandatory chambers copies of under seal documents to Judge Carter’s drop box on the 9th Floor. After the Court rules on the application, the courtroom deputy will e-mail conformed copies of the documents to the filer.* The filer is required to serve copies of the conformed under seal documents on all other parties, as necessary, and file a proof of service within 24 hours of the courtroom deputy returning the conformed copies of the documents. *If the file(s) are too large to send over email, the courtroom deputy may only email a copy of the cover page reflecting the file and sealed stamps. 3. When the ENTIRE case is under seal The filer delivers a copy of each document, with the applicable proof of service, to be filed in the action to the intake Window. No Notice of Manual Filing is required because you are not able to e-file in a sealed action. (These are the Court’s mandatory chambers copies). NO envelopes are used. The intake clerk will put a red sheet of paper (under seal filing) on top of the papers and put the stack into the Judge’s box at Intake. The intake clerk will not stamp or review the papers. The red paper is a visual reminder that these are under seal documents since the envelopes are no longer being used. The filer must email the judge’s chambers email ([email protected]) with the PDF of the documents submitted for filing in the under seal action. ALWAYS deliver the mandatory chambers copies of under seal documents to the intake section of the Clerk’s Office in Santa Ana. DO NOT deliver mandatory chambers copies of under seal documents to Judge Carter’s drop box on the 9th Floor. After the Court rules on the application, the courtroom deputy will e-mail conformed copies of the documents to the filer.* The filer is required to serve copies of the conformed under seal documents on all other parties, as necessary. *If the file(s) are too large to send over email, the courtroom deputy may only email a copy of the cover page reflecting the file and sealed stamps.
=== SCHEDULING ORDER & ORDER RE: PRETRIAL AND TRIAL PROCEDURES ===
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 SOUTHERN DIVISION PLAINTIFF(S), Plaintiff(s), vs. Case No.: SCHEDULING ORDER & ORDER RE: PRETRIAL AND TRIAL PROCEDURES Fact Discovery Cut-Off: DEFENDANT(S), [DATE] Defendant(s). Motion Cut-Off: [DATE] @ 8:30 AM Final Pretrial Conference: [DATE] @ 8:30 AM Trial: [DATE] @ 8:30 a.m. This Scheduling Order governs the course of all pretrial and trial proceedings in this case. For further guidance, consult the Federal Rules of Civil Procedure and the Local Rules. I. Court Appearances Parties shall be represented at all court appearances by lead counsel, the counsel expected to be in charge of conducting trial on behalf of the parties. The parties (or counsel) must appear in person for hearings and conferences before the Court. The Court does not permit telephonic appearances. Under no circumstances should counsel, or a party if the party is appearing pro se, fail to appear at a court appearance unless their appearance has been waived by prior order of the Court. Even if the parties have reached a settlement, counsel for all parties, or the party if appearing pro se, must appear at court appearances until a stipulation of dismissal signed by all parties has been lodged with the Court. -1- II. Settlement If the parties have agreed to appear before a neutral selected from the Court’s Mediation Panel (ADR Procedure No. 2) or to participate in private mediation (ADR Procedure No. 3), the parties shall notify the Court of the name and contact information of the mediator within twenty- one (21) days of this Order if they have not already done so in their Rule 26(f) report. If settlement is reached at any time in this litigation, the parties shall immediately notify the Court by telephone, email, or by filing a notice of settlement. Local Rule 40-2. The Court’s Courtroom Deputy Clerk can be reached at (714) 338-4543. The Court’s email address is [email protected]. III. Joinder of Parties and Amendment of Pleadings All motions to join other parties (including Doe or Roe defendants) or to amend the pleadings shall be filed and served within sixty (60) days of the date of this Order and noticed for hearing within ninety (90) days of this Order. IV. Discovery Cut-Off The Court has established a cut-off date for discovery in this action. All discovery is to be completed on, or prior to, the cut-off date. Plan now to complete discovery on the schedule set; a continuance is unlikely. Accordingly, the following discovery schedule shall apply in this Court: (1) Depositions: All depositions shall be scheduled to commence at least five (5) working days prior to the discovery cut-off date. A deposition which commences five (5) days prior to the discovery cut-off date may continue beyond the cut-off date, as necessary. (2) Written Discovery: All interrogatories, requests for production of documents, and requests for admissions shall be served at least forty-five (45) days before the discovery cut-off date. The Court will not approve stipulations between counsel that permit responses to be served after the cut-off date except in unusual circumstances and upon a showing of good cause. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) Discovery Motions: Any motion regarding the inadequacy of responses to discovery must be filed and served no later than five (5) days after the discovery cut-off date. Routine discovery motions will be referred to the magistrate judge assigned to the case. Whenever possible, the Court expects counsel to resolve discovery disputes among themselves in a courteous, reasonable, and professional manner. Repeated resort to the Court for guidance in discovery is unnecessary and may result in the Court appointing a Special Master at the joint expense of the parties to resolve discovery disputes. The Court expects that counsel will strictly adhere to the Civility and Professional Guidelines adopted by the United States District Court for the Central District of California. (4) Disclosure of Expert Testimony: The above discovery cutoff date includes expert discovery, unless otherwise ordered by the Court, and the Court orders the sequence of disclosures as provided by Fed. R. Civ. Proc. 26(a)(2)(D), unless the parties otherwise stipulate in writing and obtain the Court’s approval. V. Protective Orders and Under Seal Filings All protective orders are to be noticed before the magistrate judge assigned to your case, unless otherwise ordered by Court. Stipulated Protective orders or confidentiality orders generally do not control under seal filings. Applications for under seal filings must state with specificity the basis for protection and should not rely exclusively on the existence of a protective order. See Judge Carter’s Initial Standing Order for more information. VI. Motions Generally Counsel should note the timing and service requirements of Local Rules 6 and 7 and its subparts including: (1) Rule 6-1: Notice of motion and the moving papers must be filed and served twenty-eight (28) days before the noticed hearing date, unless the notice is served by mail, in which case service is required thirty-one (31) days prior to the noticed hearing date; -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) Rule 7-9: Opposing papers shall be filed twenty-one (21) calendar days before the hearing date; and (3) Rule 7-10: Reply papers, if any, shall be filed fourteen (14) calendar days before the hearing date. (4) Rule 7-11: If the hearing date is continued, the deadlines for filing opposing and reply papers are automatically extended unless the Court orders otherwise. Counsel must comply with the timing requirements of the Local Rules so that chambers can properly prepare for motion matters. VII. Motions for Summary Judgment The motion cut-off date is the day that the Court will hear motions for summary judgment. Thus, motions must be filed several weeks in advance of this date as required by Local Rule 6. In general, the Court will hear only one motion for summary judgment per party. Cross motions for summary judgment will all be heard on the same day, after the close of discovery. In other words, the Court will not entertain piecemeal motions for partial summary judgment before the factual record is complete. All motions (except motions in limine dealing with admissibility of evidence) must be disposed of before the Final Pretrial Conference. A. Moving Party’s Statement of Uncontroverted Facts and Conclusions of Law The uncontroverted facts shall be set forth in a two column format. The left hand column shall set forth the allegedly undisputed fact. The right hand column shall set forth the evidence that supports the factual statement. The fact statements shall be set forth in sequentially numbered rows. Each cell should contain a narrowly focused statement of fact, and address a single subject in as concise a manner as possible. SUF Example -4- SUF #/ Undisputed Fact Evidence #1 (Moving party’s first undisputed fact) (citations to supporting evidence) #2 (Moving party’s second undisputed fact) (citations to supporting evidence) B. Opposing Party’s Statement of Genuine Disputes of Material Fact The first part of the opposing party’s Statement of Genuine Disputes shall track the moving party’s Statement of Uncontroverted Facts. It shall be set forth in a two column format. The left hand column shall restate the allegedly undisputed fact and supporting evidence, and the right hand column shall state either that the fact is undisputed or disputed. The opposing party may dispute all or only a portion of the allegedly undisputed fact, but if disputing only a portion, the opposing party must specify clearly what portion is being disputed. To demonstrate that a fact is disputed, the opposing party shall briefly state why it disputes the moving party’s allegedly undisputed fact, cite to the relevant exhibit or other evidence controverting the allegedly undisputed fact, and describe what it is in that exhibit or evidence that controverts the allegedly undisputed fact. If the opposing party objects to the evidence supporting an allegedly undisputed fact, the party shall state in the right hand column the presence of that objection, by simply stating “Evidentiary Objection.” The specific grounds of each objection should be included in a separate table. No legal argument shall be set forth in this document. The opposing party may also specify additional material facts that bear on or relate to the issues raised by the moving party, which shall follow the same two column format described above for the moving party’s Statement of Uncontroverted Facts. These additional facts shall continue in sequentially numbered paragraphs (i.e., if the moving party’s last allegedly undisputed fact was set forth as ¶ 30, then the first new allegedly undisputed fact specified by the opposing party shall be set forth as ¶ 31). 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 20 21 22 23 24 25 26 27 28 The moving party, in its reply, shall respond to the additional allegedly undisputed facts in the same manner and format that the opposing party is required to adhere to in responding to the moving party’s Statement of Uncontroverted Facts, as described above. SGD Example SUF # / Moving Party’s Undisputed Reply Fact/Evidence #1 (Moving party’s first undisputed fact) State whether the moving party’s fact is disputed or undisputed. (moving party’s citations to supporting evidence) (citations to supporting evidence) (note if there is an evidentiary objection) #2 (Moving party’s second undisputed fact) State whether the moving party’s fact is disputed or undisputed. (moving party’s citations to supporting evidence) (citations to supporting evidence) (note if there is an evidentiary objection) C. Supporting Evidence Evidence in support of or in opposition to a motion shall be presented to the Court in a way that makes it easy for the Court to find cited evidence. For instance, the parties should make generous use of tabs and indices for hard copies of exhibits. The parties should highlight the testimony or portions of exhibits on which they are relying. If a deposition is cited extensively, the parties should lodge a copy of the deposition transcript with the Court. D. Objections to Evidence If a party disputes a fact based in whole or in part on an evidentiary objection, the party should file a separate document entitled “Objections to Evidence Offered in Support of [Party’s] [Motion/Opposition].” The Objections to Evidence should be filed in conjunction with the -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 opposition or reply brief of the party. The document should be organized to track the row numbers of the other party’s separate statement in sequence. It should identify the specific item of evidence to which objection is made, the ground of the objection, and a very brief argument with citation to authority as to why the objection is well taken. Evidentiary Objections Example 1 Moving Parties Undisputed Fact/Evidence Evidentiary Objection #1 (Moving party’s first undisputed fact) Objection to the supporting deposition transcript of Jane Smith at 60:1-10 on the ground that the statement constitutes inadmissible hearsay and no Jane Smith Dep. 60:1-10; Lee Decl. Ex. E exception is applicable. To the extent that the (Disclosure Agreement § 2) statement is offered to prove her state of mind, it is irrelevant since her state of mind is not in issue. Fed. R. Evid. 801, 802. Alternately, if the evidentiary objection(s) is/are particularly lengthy (over 100 words), the party may lodge its objections in a standard memo-format. However, this memorandum must specifically cite the SUF number. Evidentiary Objections Example 2 Statement of Uncontroverted Facts #3: Objection to the supporting deposition transcript of Jane Smith at 60:1-10 on the ground that the statement constitutes inadmissible hearsay and no exception is applicable. [Lengthy legal argument] To the extent that the statement is offered to prove her state of mind, it is irrelevant since her state of mind is not in issue. Fed. R. Evid. 801, 802. -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 E. Filing Statements of Fact In addition to filing statements of fact, the Parties should email the Statement of Uncontroverted Facts and Statement of Genuine Disputes in Word or Excel format to [email protected]. VIII. Final Pretrial Conference A Final Pretrial Conference (“FPTC”) has been scheduled in this case pursuant to Federal Rule of Civil Procedure 16 and the Local Rules. Unless excused for good cause, each party appearing in this action shall be represented at the FPTC and all pretrial meetings of counsel by lead counsel. A continuance of the Final Pretrial Conference at counsel’s request or stipulation is highly unlikely. Counsel should plan to do the necessary pretrial work on a schedule which will ensure its completion with time to spare before the Final Pretrial Conference. Failure to complete discovery work is not grounds for a continuance. The Court has a crowded docket and to displace another case already set for trial in favor of a case in which counsel have not been diligent in preparing their case would not be just. A. Memoranda of Contentions of Fact and Law and Final Pretrial Conference Order Compliance with the requirements of Local Rule 16 is required by the Court. Carefully prepared Memoranda of Contentions of Fact and Law (which may also serve as the trial brief) and a proposed Final Pretrial Conference Order (“FPTCO”) shall be submitted in accordance with the provisions of Local Rules 16-4 through 16-7. The Memoranda of Contentions of Fact and Law are due twenty-one (21) days before the FPTC and the proposed FPTCO is to be lodged eleven (11) days before the FPTC. The form of the proposed Final Pretrial Conference Order shall be in conformity with the format set forth in Appendix A to Local Rules. Adherence to the time requirements is necessary to provide the Court and its staff time to prepare the matter. In drafting the FPTCO, the Court expects that counsel will attempt to agree on and set forth as many uncontested facts as possible. The Court will normally read the uncontested facts -8- to the jury at the start of the trial. A carefully drafted and comprehensively stated stipulation of facts will reduce the length of trial and increase jury understanding of the case. At the FPTC, counsel should be prepared to discuss means of streamlining the trial, including, but not limited to: bifurcation, presentation of non-critical testimony by deposition excerpts, stipulations as to the content of testimony, presentation of testimony on direct examination by declaration subject to cross-examination, and qualification of experts by admitted resumes. In rare cases in which the Court waives the FPTC, counsel must follow Local Rules 16-11. B. Motions in Limine All motions in limine must be filed eleven (11) days prior to the FPTC. Oppositions to motions in limine must be filed no later than seven (7) days prior to the FPTC. Motions in limine will typically be heard at the FPTC. IX. Trial Parties should note that the Court may advance the trial date by up to two weeks. A. Statement of the Case (Jury Trials) At least seven (7) days prior to trial, the parties shall 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 typically be a few sentences in length. B. Voir Dire (Jury Trials) At least seven (7) days prior to trial, each party shall file and serve on opposing parties any special questions requested to be put to prospective jurors on voir dire. C. Proposed Jury Instructions (Jury Trials) Proposed jury instructions must be filed seven (7) days prior to trial, in accordance with Local Rule 51. Parties should cite relevant authorities for each instruction, e.g., CACI, Ninth Cir. Model Jury Instructions. The parties should exchange proposed jury instructions and agree as much as possible on the necessary instructions before filing them with the Court. Both parties should submit their proposed jury instructions (preferably in Word format) to the Court at 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- [email protected]. In addition, parties should bring copies of their proposed jury instruction, printed on single-sided paper, with them on the first day of trial. D. Findings of Fact and Conclusions of Law (Bench Trials) The parties shall serve and lodge proposed findings of fact and conclusions of law at least seven (7) days prior to trial and in accordance with Local Rule 52. The parties should submit their proposed findings of fact and conclusions of law (preferably in Word format) to the Court at [email protected]. E. Proposed Verdict Form At least seven (7) days prior to trial, the parties shall file their proposed verdict forms. The Court typically does not use special verdict forms. The parties should exchange proposed verdict forms and agree as much as possible to the form before filing. The parties should submit the proposed verdict form (in Word format) to the Court at [email protected]. F. Exhibits A joint exhibit list must be filed at least twenty-one (21) days prior to the Final Pretrial Conference in accordance with Local Rule 16-6.1. Parties should also submit their joint exhibit list (in Word format) to the Court at [email protected]. Exhibits are to be delivered to the Courtroom Deputy Clerk not later than 8:30 a.m. on the first day of trial. All exhibits will be placed in loose leaf binders which are tabbed down the right side with exhibit numbers. The spine of the binder is to be marked with the case name and number and the numbers of the exhibits contained therein. Two binders will be prepared: (1) an original for the Clerk, which will be tagged with the appropriate exhibit tags in the upper right-hand corner of the first page of each exhibit, and (2) one copy for the Court. Each binder will contain an index of the exhibits included. The exhibits are to be numbered in accordance with Local Rule 26-3. Counsel may obtain exhibit tags (yellow for plaintiff and blue for defendant) at the Clerk’s Office, Intake Window. Special arrangements for voluminous or oversized exhibits should be made with the Courtroom Deputy Clerk by Wednesday of the week before trial. 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- 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 After the conclusion of trial, parties must take their exhibits with them after signing a release. If the parties do not take their exhibits, the Court will dispose of exhibits after fourteen (14) days. X. Other [The Court will insert additional instructions for this case, if any, here] IT IS SO ORDERED. DAVID O. CARTER United States District Judge Dated: Revised: March 21, 2017 -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 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION [NAMES], vs. [NAMES], Plaintiff(s), Defendant(s). Case No.: SACV XX-XXXX-DOC(ABCx) ORDER SETTING SCHEDULING CONFERENCE Monday, [DATE] @ 8:30 AM The parties are hereby ordered to appear before this Court for a Scheduling Conference on the above-listed date and time, pursuant to Federal Rule of Civil Procedure 16(b). This Order sets out instructions that the parties must follow in preparing for the Scheduling Conference. For further guidance, consult the Federal Rules of Civil Procedure and the Local Rules. 1 1 The most recent version of the Local Rules is available on the Central District of California’s website (www.cacd.uscourts.gov), under “Court Procedures.” 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. Initial Disclosures Unless there is a likelihood that upon motion by a party the Court would order that any or all discovery is premature, the Court encourages the parties to begin discovery before the Scheduling Conference. The parties shall comply fully with the letter and spirit of Rule 26(a) and thereby obtain and produce most of what would be produced in the early stages of discovery, because at the Scheduling Conference the Court will impose tight deadlines to complete discovery. II. Rule 26(f) Conference of Parties Counsel shall confer pursuant to Federal Rule of Civil Procedure 26(f). This conference shall occur at least twenty-one (21) days before the Scheduling Conference set by the Court. III. Rule 26(f) Report The parties shall file their Rule 26(f) report with the Court no later than fourteen (14) days prior to the Scheduling Conference set by the Court. Counsel shall familiarize themselves with the Court’s Initial Standing Order and Scheduling Order & Order Re: Pretrial and Trial Procedures so that the report will comport will this Court’s standard deadlines and procedures.2 The report shall contain the following: (1) a short factual summary of the case and of claims and defenses; (2) a short synopsis of the principal issues in the case; (3) a statement of whether parties are likely to be added and whether the pleadings are likely to be amended a. Counsel should note that the Court requires all motions to join other parties, including Doe or Roe defendants, or to amend the pleadings to be filed and 2 All of Judge Carter’s standing orders are available at Judge Carter’s home page located under “Judges’ Procedures and Schedules.” 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 served within sixty (60) days of the date of the Scheduling Order and noticed for hearing within ninety (90) days of the Scheduling Order; (4) a statement as to issues which any party believes may be determined by motion and a listing of then-contemplated law and motion matters; (5) a statement of what settlement discussions have occurred (specifically excluding any statement of the terms discussed) and what settlement procedure is recommended, pursuant to Local Rules 16-15 through 16-15.9; a. Available settlement procedures include: i. appearance before a retired judicial officer or other private or non-profit dispute resolution body for settlement or mediation proceedings (if chosen, the particular mediator selected should be indicated); ii. appearance before a Mediator selected from the Court’s Mediation Panel; iii. if one of the parties is a public entity, a settlement conference before the magistrate judge assigned to this case; or iv. such other settlement mechanism proposed by the parties and approved by the Court (6) a discovery plan, which should set forth discovery phases, the order of discovery, and any limitations on discovery; (7) a statement of whether trial will be by jury or to the Court and a realistic estimated length of trial (mindful that the Court generally conducts a four (4) day timed jury trial, where each side is given ten (10) hours, excluding jury selection, opening statement and closing argument); (8) a statement of any other issues affecting the status or management of the case; and four proposed, specific dates as follows: a. a discovery cut-off date; b. a final motion cut-off date; 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 i. The final motion cut-off date should be a Monday and will be the day on which all motions for summary judgment will be heard. ii. Counsel should note that motions will need to be filed several weeks in advance of this date as required by Local Rules 6 and 7. iii. Ordinarily the motion cut-off should be approximately six (6) to eight (8) weeks after the discovery cut-off to allow time for resolution of discovery motions and briefing of the motions for summary judgment. c. a date for the Final Pretrial Conference; i. The Final Pretrial Conference date should be a Monday. ii. Ordinarily the Final Pretrial Conference date should be approximately four (4) to six (6) weeks after the motion cut-off date to allow for adequate time between the Court’s issuance of its order regarding motions for summary judgment and the deadlines for memoranda of contentions of law and fact and the final pretrial order); and d. a date for trial. i. The trial date should be a Tuesday. Complete the Schedule of Pretrial and Trial Dates form attached as Exhibit A to this Order and attach it to the Joint Rule 26(f) Report. After the parties have selected these dates, continuances are rarely granted due to the Court’s heavy case load and in fairness to other litigants before the Court. Counsel for all parties participating in the conference should sign the report. A report that does not comply with Rule 26(f) and this Order may subject the party or parties responsible to sanctions under Local Rule 83-7. IV. Scheduling Conference and Scheduling Order The parties shall be represented at the Scheduling Conference by lead counsel. Under no circumstances should counsel, or a party if the party is appearing pro se, fail to appear at the scheduling conference unless the appearance has been waived by prior order of the 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Court. Even if a settlement has been reached, counsel for all parties, or the party if appearing pro se, must appear at the scheduling conference unless a stipulation of dismissal signed by all parties has been lodged with the Court. A continuance of the Scheduling Conference will be granted rarely and only for good cause and will not be granted if a continuance would result in the Scheduling Conference being set after the time limit for the Court to issue a Scheduling Order under Rule 16(b). The Court usually issues Scheduling Orders pursuant to Rule 16(b) at or after the Scheduling Conference. V. Notice of this Order Plaintiff shall serve a copy of this Order on any as-yet unserved Defendants when Plaintiff serves the Complaint on them. IT IS SO ORDERED. Dated: DAVID O. CARTER United States District Judge Revised: June 27, 2024 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 EXHIBIT A: SCHEDULING OF PRETRIAL AND TRIAL DATES WORKSHEET Case No.: Case Name: Event Plaintiff’s Request month/day/year Defendant’s Request month/day/year Agreed Upon Date or Court Ordered Date Jury Trial -OR- Bench Trial (Tuesdays at 8:30 a.m.) Est. Length (days) Final Pretrial Conference [L.R.16] (Mondays at 8:30 a.m) Hearing on Dispositive Motions (Mondays at 8:30 a.m) Cut-Off Date for All Fact Discovery Deadline for Settlement Conference Initial Expert Disclosure Deadline (if applicable) Rebuttal Expert Disclosure Deadline (if applicable) ADR [L.R. 16-15] Settlement Procedure Choice 1 Magistrate Judge 2 Mediation Panel 3 Private Mediation 1 Magistrate Judge 2 Mediation Panel 3 Private Mediation 1 Magistrate Judge 2 Mediation Panel 3 Private Mediation 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 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION [NAME], vs. [NAME]. Plaintiff(s), Defendant(s). Case No.: SA CV XX-XXXX-DOC (ABCx) INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER This case has been assigned to the calendar of Judge David O. Carter. Whenever a new civil case is assigned to Judge Carter, the Court issues this Initial Standing Order. It lays out some of the Judge’s rules and expectations that litigants should be familiar with from the beginning of their case. In addition to this Initial Standing Order, litigants are required to follow the Federal Rules of Civil Procedure and the Local Rules of the Central District of California.1 The Court ORDERS as follows: I. Court Appearances The parties must appear in person for hearings and conferences before the Court. The Court does not permit telephonic appearances. 1 The most recent version of the Local Rules is available on the Central District of California’s website (www.cacd.uscourts.gov), under “Court Procedures.” -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Unless a party is representing him or herself, parties shall be represented by lead counsel at all court appearances, including scheduling conferences. Under no circumstances should counsel, or a party if the party is appearing pro se, fail to appear at a court appearance unless their appearance has been waived by prior order of the Court. Even if a settlement has been reached, counsel for all parties, or the party if appearing pro se, must appear at court appearances until a stipulation of dismissal signed by all parties has been lodged with the Court. II. Scheduling Pursuant to Rule 16(b), the Court will set a scheduling conference and issue a scheduling order in each case. Litigants should familiarize themselves with the Court’s standard Order Setting Scheduling Conference and the Court’s standard Scheduling Order & Order re: Pretrial and Trial Procedures, which describe the typical schedule and procedures used in this Court.2 The Court is flexible in setting initial dates. Therefore, Parties should meet and confer to select mutually agreeable dates. The Court strongly encourages Parties to stipulate to the initial schedule, and endeavor to accommodate counsel’s previously scheduled dates that produce good faith calendar conflicts. Counsel are encouraged to reference the Central District’s Civility and Professionalism Guidelines, which can be found on the Court’s website. III. Continuances and Extensions of Deadlines This Court has a strong interest in adhering to scheduled dates. Changes in dates are disfavored. Trial dates set by the Court are firm and will rarely be changed, except that the Court may advance the trial date up to two weeks. Therefore, any request, whether by application or stipulation, to continue the date of any matter before this Court must be supported by a detailed explanation of the grounds for the requested continuance or extension of time. Without compelling factual support, requests to continue dates set by this Court will not be approved. Proposed stipulations extending scheduling dates do not become effective unless and until this Court so orders. 2 All of Judge Carter’s standing orders are available at Judge Carter’s home page located under “Judges’ Procedures and Schedules.” -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 IV. Motions Counsel should note the timing and service requirements of Local Rules 6 and 7 and its subparts including: (1) Rule 6-1: Notice of motion and the moving papers must be filed and served twenty-eight (28) days before the noticed hearing date, unless the notice is served by mail, in which case service is required thirty-one (31) days prior to the noticed hearing date; (2) Rule 7-9: Opposing papers shall be filed twenty-one (21) calendar days before the hearing date; and (3) Rule 7-10: Reply papers, if any, shall be filed fourteen (14) calendar days before the hearing date. (4) Rule 7-11: If the hearing date is continued, the deadlines for filing opposing and reply papers are automatically extended unless the Court orders otherwise. Counsel must comply with the timing requirements of the Local Rules so that chambers can properly prepare for motion matters. Parties should note, the Court will only entertain one Motion for Summary Judgment from each party, typically after discovery is closed. V. Ex Parte Applications Ex parte applications are solely for extraordinary relief and should be used with discretion. See Mission Power Eng’g Co. v. Continental Cas. Co., 883 F. Supp. 488 (C.D. Cal. 1995). In this Court’s experience, ex parte applications “are nearly always improper.” In re Intermagnetics Am., Inc., 101 B.R. 191, 192-93 (C.D. Cal. 1989). The Federal Rules of Civil Procedure and Local Rules “contemplate that regular noticed motions are most likely to produce a just result.” Mission Power, 883 F. Supp. at 491. Ex parte applications that fail to conform to Local Rule 7-19 and 7-19.1, including a statement of opposing counsel’s position, will not be considered except on a specific showing of good cause. Concurrently with service of the ex parte papers by electronic service, facsimile, or personal service, the moving party shall notify the opposition that opposing papers must be filed no later than twenty-four (24) hours following service. If opposing counsel does not intend to -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 oppose the ex parte application, counsel must inform the Courtroom Deputy Clerk by telephone or email as soon as possible. VI. Jury Demand Litigants who are entitled to a jury trial and who wish to have a jury trial are reminded to file and serve a jury demand in accordance with Federal Rule of Civil Procedure 38. VII. Applications to File Documents Under Seal There is a strong presumption that the public has a right of access to records in civil cases. For non-dispositive motions, the party seeking to maintain the confidentiality of the document(s) or portions thereof must show good cause. For dispositive motions, the party seeking protection must articulate compelling reasons for maintaining the confidentiality of the document(s) and must seek relief that is narrowly tailored to the protected interest. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). No document will be filed under seal in its entirety unless it is shown in the application that it is not feasible to file a redacted version for public viewing. Any proposed redactions must be highlighted in the under seal version of the document so that the Court may readily determine what information the party or parties seek to maintain as confidential. In accordance with Local Rule 79-5.1, absent authorization by rule or statute, no case or document(s) may be filed under seal without written application to, and prior approval by, the Court. The existence of a Protective Order, a Stipulated Confidentiality Order, or the like, issued by the assigned Magistrate Judge relating to the treatment of documents produced during discovery, does not constitute a court Order permitting an under seal filing. An application to seal that is based solely on the existence of such an Order will be summarily denied. In addition, reliance upon the parties’ designation of documents as “Confidential,” “Highly Confidential,” “Attorneys’ Eyes Only,” etc. is insufficient. Rather, the party must provide competent evidence explaining why the document(s) should be filed under seal. If the party seeking to file documents under seal (the “filing party”) is not the party with an interest in the sealing/confidentiality of the documents, then the filing party shall provide the interested party with its proposed application to seal at least two (2) business days in advance of -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 any filing. If the interested party seeks to have the documents filed under seal, it shall file a Declaration setting forth competent evidence explaining why the document(s) should be filed under seal. If the interested party fails to file a Declaration within this two-day period, the filing party is relieved of any obligation to file an application to seal and may publicly file the documents along with a Declaration of Compliance with this paragraph. VIII. Settlement If settlement is reached at any time in this litigation, the parties shall immediately notify the Court by telephone, email, or by filing a notice of settlement. Local Rule 40-2. IX. Communication with the Court All appropriate inquiries should be directed to Judge Carter’s Courtroom Deputy Clerk at (714) 338-4543 or [email protected]. Counsel should not attempt to contact chambers directly. Counsel should list their email addresses and phone numbers on their papers in order to facilitate communication by the Courtroom Deputy Clerk. X. Notice of this Order Plaintiff’s counsel or plaintiff (if appearing on his or her own behalf) shall immediately serve this Order on all parties, including any new parties to the action. If this case came to the Court by a Notice of Removal, the removing defendant(s) shall serve this Order on all other parties. IT IS SO ORDERED. Dated: DAVID O. CARTER United States District Judge Revised: January 20, 2015 -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 [NAMES], vs. [NAMES], UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION Case No.: SACV XX-XXXX DOC(ABCx) Plaintiff(s), SCHEDULING ORDER & ORDER RE: PRETRIAL AND TRIAL PROCEDURES Defendant(s). Fact Discovery Cut-Off: [DATE] Motion Cut-Off: [DATE] @ 8:30 a.m. Final Pretrial Conference: [DATE] @ 8:30 a.m. Trial: [DATE] @ 8:30 a.m. This Scheduling Order governs the course of all pretrial and trial proceedings in this case. For further guidance, consult the Federal Rules of Civil Procedure and the Local Rules. -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. Court Appearances Parties shall be represented at all court appearances by lead counsel, the counsel expected to be in charge of conducting trial on behalf of the parties. The parties (or counsel) must appear in person for hearings and conferences before the Court. The Court does not permit telephonic appearances. Under no circumstances should counsel, or a party if the party is appearing pro se, fail to appear at a court appearance unless their appearance has been waived by prior order of the Court. Even if the parties have reached a settlement, counsel for all parties, or the party if appearing pro se, must appear at court appearances until a stipulation of dismissal signed by all parties has been lodged with the Court. II. Settlement If the parties have agreed to appear before a neutral selected from the Court’s Mediation Panel (ADR Procedure No. 2) or to participate in private mediation (ADR Procedure No. 3), the parties shall notify the Court of the name and contact information of the mediator within twenty- one (21) days of this Order if they have not already done so in their Rule 26(f) report. If settlement is reached at any time in this litigation, the parties shall immediately notify the Court by telephone, email, or by filing a notice of settlement. Local Rule 40-2. The Court’s Courtroom Deputy Clerk can be reached at (714) 338-4543. The Court’s email address is [email protected]. III. Joinder of Parties and Amendment of Pleadings All motions to join other parties (including Doe or Roe defendants) or to amend the pleadings shall be filed and served within sixty (60) days of the date of this Order and noticed for hearing within ninety (90) days of this Order. IV. Discovery Cut-Off The Court has established a cut-off date for discovery in this action. All discovery is to be completed on, or prior to, the cut-off date. Plan now to complete discovery on the schedule set; a continuance is unlikely. Accordingly, the following discovery schedule shall apply in this Court: -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 (1) Depositions: All depositions shall be scheduled to commence at least five (5) working days prior to the discovery cut-off date. A deposition which commences five (5) days prior to the discovery cut-off date may continue beyond the cut-off date, as necessary. (2) Written Discovery: All interrogatories, requests for production of documents, and requests for admissions shall be served at least forty-five (45) days before the discovery cut-off date. The Court will not approve stipulations between counsel that permit responses to be served after the cut-off date except in unusual circumstances and upon a showing of good cause. (3) Discovery Motions: Any motion regarding the inadequacy of responses to discovery must be filed and served no later than five (5) days after the discovery cut-off date. Routine discovery motions will be referred to the magistrate judge assigned to the case. Whenever possible, the Court expects counsel to resolve discovery disputes among themselves in a courteous, reasonable, and professional manner. Repeated resort to the Court for guidance in discovery is unnecessary and may result in the Court appointing a Special Master at the joint expense of the parties to resolve discovery disputes. The Court expects that counsel will strictly adhere to the Civility and Professional Guidelines adopted by the United States District Court for the Central District of California. (4) Disclosure of Expert Testimony: The above discovery cutoff date includes expert discovery, unless otherwise ordered by Court, and the Court orders the sequence of disclosures provided by Fed. R. Civ. Proc. 26(a)(2)(C), unless the parties otherwise stipulate in writing and obtain the Court’s approval. V. Protective Orders and Under Seal Filings All protective orders are to be noticed before the magistrate judge assigned to your case, unless otherwise ordered by Court. Stipulated Protective orders or confidentiality orders generally do not control under seal filings. Applications for under seal filings must state with specificity the basis for protection and -3- should not rely exclusively on the existence of a protective order. See Judge Carter’s Initial Standing Order for more information. VI. Motions Generally Counsel should note the timing and service requirements of Local Rules 6 and 7 and its subparts including: (1) Rule 6-1: Notice of motion and the moving papers must be filed and served twenty-eight (28) days before the noticed hearing date, unless the notice is served by mail, in which case service is required thirty-one (31) days prior to the noticed hearing date; (2) Rule 7-9: Opposing papers shall be filed twenty-one (21) calendar days before the hearing date; and (3) Rule 7-10: Reply papers, if any, shall be filed fourteen (14) calendar days before the hearing date. (4) Rule 7-11: If the hearing date is continued, the deadlines for filing opposing and reply papers are automatically extended unless the Court orders otherwise. Counsel must comply with the timing requirements of the Local Rules so that chambers can properly prepare for motion matters. VII. Motions for Summary Judgment The motion cut-off date is the day that the Court will hear motions for summary judgment. Thus, motions must be filed several weeks in advance of this date as required by Local Rule 6. In general, the Court will hear only one motion for summary judgment per party. Cross motions for summary judgment will all be heard on the same day, after the close of discovery. In other words, the Court will not entertain piecemeal motions for partial summary judgment before the factual record is complete. All motions (except motions in limine dealing with admissibility of evidence) must be disposed of before the Final Pretrial Conference. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- A. Moving Party’s Statement of Uncontroverted Facts and Conclusions of Law The uncontroverted facts shall be set forth in a two column format. The left hand column shall set forth the allegedly undisputed fact. The right hand column shall set forth the evidence that supports the factual statement. The fact statements shall be set forth in sequentially numbered rows. Each cell should contain a narrowly focused statement of fact, and address a single subject in as concise a manner as possible. SUF Example SUF #/ Undisputed Fact Evidence #1 (Moving party’s first undisputed fact) (citations to supporting evidence) #2 (Moving party’s second undisputed fact) (citations to supporting evidence) B. Opposing Party’s Statement of Genuine Disputes of Material Fact The first part of the opposing party’s Statement of Genuine Disputes shall track the moving party’s Statement of Uncontroverted Facts. It shall be set forth in a two column format. The left hand column shall restate the allegedly undisputed fact and supporting evidence, and the right hand column shall state either that the fact is undisputed or disputed. The opposing party may dispute all or only a portion of the allegedly undisputed fact, but if disputing only a portion, the opposing party must specify clearly what portion is being disputed. To demonstrate that a fact is disputed, the opposing party shall briefly state why it disputes the moving party’s allegedly undisputed fact, cite to the relevant exhibit or other evidence controverting the allegedly undisputed fact, and describe what it is in that exhibit or evidence that controverts the allegedly undisputed fact. If the opposing party objects to the evidence supporting an allegedly undisputed fact, the party shall state in the right hand column the presence of that objection, by simply stating “Evidentiary Objection.” The specific grounds of each objection should be included in a separate table. No legal argument shall be set forth in this document. 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- The opposing party may also specify additional material facts that bear on or relate to the issues raised by the moving party, which shall follow the same two column format described above for the moving party’s Statement of Uncontroverted Facts. These additional facts shall continue in sequentially numbered paragraphs (i.e., if the moving party’s last allegedly undisputed fact was set forth as ¶ 30, then the first new allegedly undisputed fact specified by the opposing party shall be set forth as ¶ 31). The moving party, in its reply, shall respond to the additional allegedly undisputed facts in the same manner and format that the opposing party is required to adhere to in responding to the moving party’s Statement of Uncontroverted Facts, as described above. SGD Example SUF # / Moving Party’s Undisputed Reply Fact/Evidence #1 (Moving party’s first undisputed fact) State whether the moving party’s fact is disputed or undisputed. (moving party’s citations to supporting evidence) (citations to supporting evidence) (note if there is an evidentiary objection) #2 (Moving party’s second undisputed fact) State whether the moving party’s fact is disputed or undisputed. (moving party’s citations to supporting evidence) (citations to supporting evidence) (note if there is an evidentiary objection) C. Supporting Evidence Evidence in support of or in opposition to a motion shall be presented to the Court in a way that makes it easy for the Court to find cited evidence. For instance, the parties should make 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- 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 generous use of tabs and indices for hard copies of exhibits. The parties should highlight the testimony or portions of exhibits on which they are relying. If a deposition is cited extensively, the parties should lodge a copy of the deposition transcript with the Court. D. Objections to Evidence If a party disputes a fact based in whole or in part on an evidentiary objection, the party should file a separate document entitled “Objections to Evidence Offered in Support of [Party’s] [Motion/Opposition].” The Objections to Evidence should be filed in conjunction with the opposition or reply brief of the party. The document should be organized to track the row numbers of the other party’s separate statement in sequence. It should identify the specific item of evidence to which objection is made, the ground of the objection, and a very brief argument with citation to authority as to why the objection is well taken. Evidentiary Objections Example 1 Moving Parties Undisputed Fact/Evidence Evidentiary Objection #1 (Moving party’s first undisputed fact) Objection to the supporting deposition transcript of Jane Smith at 60:1-10 on the ground that the statement constitutes inadmissible hearsay and no Jane Smith Dep. 60:1-10; Lee Decl. Ex. E exception is applicable. To the extent that the (Disclosure Agreement § 2) statement is offered to prove her state of mind, it is irrelevant since her state of mind is not in issue. Fed. R. Evid. 801, 802. Alternately, if the evidentiary objection(s) is/are particularly lengthy (over 100 words), the party may lodge its objections in a standard memo-format. However, this memorandum must specifically cite the SUF number. -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 Evidentiary Objections Example 2 Statement of Uncontroverted Facts #3: Objection to the supporting deposition transcript of Jane Smith at 60:1-10 on the ground that the statement constitutes inadmissible hearsay and no exception is applicable. [Lengthy legal argument] To the extent that the statement is offered to prove her state of mind, it is irrelevant since her state of mind is not in issue. Fed. R. Evid. 801, 802. E. Filing Statements of Fact In addition to filing statements of fact, the Parties should email the Statement of Uncontroverted Facts and Statement of Genuine Disputes in Word or Excel format to [email protected]. VIII. Final Pretrial Conference A Final Pretrial Conference (“FPTC”) has been scheduled in this case pursuant to Federal Rule of Civil Procedure 16 and the Local Rules. Unless excused for good cause, each party appearing in this action shall be represented at the FPTC and all pretrial meetings of counsel by lead counsel. A continuance of the Final Pretrial Conference at counsel’s request or stipulation is highly unlikely. Counsel should plan to do the necessary pretrial work on a schedule which will ensure its completion with time to spare before the Final Pretrial Conference. Failure to complete discovery work is not grounds for a continuance. The Court has a crowded docket and to displace another case already set for trial in favor of a case in which counsel have not been diligent in preparing their case would not be just. A. Memoranda of Contentions of Fact and Law and Final Pretrial Conference Order Compliance with the requirements of Local Rule 16 is required by the Court. Carefully prepared Memoranda of Contentions of Fact and Law (which may also serve as the trial brief) and a proposed Final Pretrial Conference Order (“FPTCO”) shall be submitted in accordance -8- with the provisions of Local Rules 16-4 through 16-7. The Memoranda of Contentions of Fact and Law are due twenty-one (21) days before the FPTC and the proposed FPTCO is to be lodged eleven (11) days before the FPTC. The form of the proposed Final Pretrial Conference Order shall be in conformity with the format set forth in Appendix A to Local Rules. Adherence to the time requirements is necessary to provide the Court and its staff time to prepare the matter. In drafting the FPTCO, the Court expects that counsel will attempt to agree on and set forth as many uncontested facts as possible. The Court will normally read the uncontested facts to the jury at the start of the trial. A carefully drafted and comprehensively stated stipulation of facts will reduce the length of trial and increase jury understanding of the case. At the FPTC, counsel should be prepared to discuss means of streamlining the trial, including, but not limited to: bifurcation, presentation of non-critical testimony by deposition excerpts, stipulations as to the content of testimony, presentation of testimony on direct examination by declaration subject to cross-examination, and qualification of experts by admitted resumes. In rare cases in which the Court waives the FPTC, counsel must follow Local Rules 16-11. B. Motions in Limine All motions in limine must be filed eleven (11) days prior to the FPTC. Oppositions to motions in limine must be filed no later than seven (7) days prior to the FPTC. Motions in limine will typically be heard at the FPTC. IX. Trial Parties should note that the Court may advance the trial date by up to two weeks. A. Statement of the Case (Jury Trials) At least seven (7) days prior to trial, the parties shall 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 typically be a few sentences in length. 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- B. Voir Dire (Jury Trials) At least seven (7) days prior to trial, each party shall file and serve on opposing parties any special questions requested to be put to prospective jurors on voir dire. C. Proposed Jury Instructions (Jury Trials) Proposed jury instructions must be filed seven (7) days prior to trial, in accordance with Local Rule 51. Parties should cite relevant authorities for each instruction, e.g., CACI, Ninth Cir. Model Jury Instructions. The parties should exchange proposed jury instructions and agree as much as possible on the necessary instructions before filing them with the Court. Both parties should submit their proposed jury instructions (preferably in Word format) to the Court at [email protected]. In addition, parties should bring copies of their proposed jury instruction, printed on single-sided paper, with them on the first day of trial. D. Findings of Fact and Conclusions of Law (Bench Trials) The parties shall serve and lodge proposed findings of fact and conclusions of law at least seven (7) days prior to trial and in accordance with Local Rule 52. The parties should submit their proposed findings of fact and conclusions of law (preferably in Word format) to the Court at [email protected]. E. Proposed Verdict Form At least seven (7) days prior to trial, the parties shall file their proposed verdict forms. The Court typically does not use special verdict forms. The parties should exchange proposed verdict forms and agree as much as possible to the form before filing. The parties should submit the proposed verdict form (in Word format) to the Court at [email protected]. F. Exhibits A joint exhibit list must be filed at least twenty-one (21) days prior to the Final Pretrial Conference in accordance with Local Rule 16-6.1. Parties should also submit their joint exhibit list (in Word format) to the Court at [email protected]. Exhibits are to be delivered to the Courtroom Deputy Clerk not later than 8:30 a.m. on the first day of trial. All exhibits will be placed in loose leaf binders which are tabbed down the 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- 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 right side with exhibit numbers. The spine of the binder is to be marked with the case name and number and the numbers of the exhibits contained therein. Two binders will be prepared: (1) an original for the Clerk, which will be tagged with the appropriate exhibit tags in the upper right-hand corner of the first page of each exhibit, and (2) one copy for the Court. Each binder will contain an index of the exhibits included. The exhibits are to be numbered in accordance with Local Rule 26-3. Counsel may obtain exhibit tags (yellow for plaintiff and blue for defendant) at the Clerk’s Office, Intake Window. Special arrangements for voluminous or oversized exhibits should be made with the Courtroom Deputy Clerk by Wednesday of the week before trial. After the conclusion of trial, parties must take their exhibits with them after signing a release. If the parties do not take their exhibits, the Court will dispose of exhibits after fourteen (14) days. X. Additional Instructions in this Matter [The Court will insert additional instructions for this case, if any, here] The Clerk is ordered to serve a copy of this Order on all parties to this action. IT IS SO ORDERED. Dated: DAVID O. CARTER United States District Judge Revised: January 20, 2015 -11-
=== GUIDE TO EFILING CIVIL DOCUMENTS UNDER SEAL EFFECTIVE 12/1/15 ===
This document outlines the procedures for attorneys to follow when electronically filing SEALED documents in otherwise PUBLIC/NON‐SEALED civil cases. REVISED: November 2015 Guide to Electronically Filing Under-Seal Documents in Civil Cases U.S. District Court for the Central District of California SEALED CIVIL DOCUMENTS 2015 Table of Contents E-FILING SEALED DOCUMENTS IN PUBLIC/NON-SEALED CIVIL CASES ..................... 1 OVERVIEW OF E-FILING PROCEDURES ............................................................................... 2 Application for Leave to File Under Seal .................................................................................. 2 E-Filing Sealed Documents ........................................................................................................ 2 Service of Sealed Documents ..................................................................................................... 2 Public Access ............................................................................................................................. 3 Available Events ......................................................................................................................... 3 Clearly Label All Sealed Documents ......................................................................................... 3 Use Caution in Drafting Docket Entry Text .............................................................................. 3 Mandatory Chambers Copies & Proposed Orders ..................................................................... 3 Filing a Redacted Document ...................................................................................................... 4 Problems Filing a Sealed Document .......................................................................................... 4 Red Screens ................................................................................................................................ 4 APPLICATION FOR LEAVE TO FILE UNDER SEAL: SCREEN-BY-SCREEN INSTRUCTIONS ....................................................................................................................... 5 Leave to File Document Under Seal .......................................................................................... 5 Sealed Declaration in Support .................................................................................................. 10 SEALED DOCUMENT: SCREEN-BY-SCREEN INSTRUCTIONS ....................................... 15 SEALED MOTION (GENERIC SEALED MOTION-TYPE EVENT): SCREEN-BY- SCREEN INSTRUCTIONS ..................................................................................................... 22 SEALED OPPOSITION: SCREEN-BY-SCREEN INSTRUCTIONS ...................................... 29 SEALED REPLY: SCREEN-BY-SCREEN INSTRUCTIONS ................................................. 35 APPLICATION FOR LEAVE FOR IN CAMERA REVIEW: SCREEN-BY-SCREEN INSTRUCTIONS ..................................................................................................................... 41 i SEALED CIVIL DOCUMENTS 2015 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA E‐FILING SEALED DOCUMENTS IN PUBLIC/NON‐SEALED CIVIL CASES Effective December 1, 2015, the United States District Court for the Central District of California will amend its local rules to require attorneys to electronically file sealed documents in otherwise PUBLIC/NON-SEALED CIVIL CASES using the Court’s CM/ECF system. Additional changes to the Local Rules effective the same day will change the way leave to file documents under seal must be requested, especially for documents subject to a protective order, and provide guidance for seeking in camera review of documents. A redline of all changes to the Local Rules effective December 1, 2015, is available here: http://www.cacd.uscourts.gov/ news/new-and-amended-local-rules-effective-december-1-2015. Please review these changes before filing or seeking leave to file any documents under seal on or after December 1, 2015. Note that the new rules require electronic filing only in PUBLIC/NON-SEALED CIVIL CASES. For now, continue to file sealed documents in criminal cases in paper, or as otherwise directed by your assigned judge’s standing orders. Likewise, continue to file all documents in paper in any case in which the entire case is under seal. And note that pro se parties who have been granted permission to file documents electronically must nonetheless continue to file sealed documents in paper; the CM/ECF system does not allow pro se parties to e-file sealed documents. This Guide to Electronically Filing Under-Seal Documents in Civil Cases sets forth step-by-step instructions for electronically filing sealed documents, Applications for Leave to File Under Seal, and Applications for Leave for In Camera Review. Please review these instructions carefully – failure to follow these instructions could result in the inadvertent filing of a document you wish to keep under seal as a public document. Please note that, within CM/ECF, a separate menu of events related to the e-filing of sealed documents has been created (“Under Seal Filing Events”). If you attempt to e-file a sealed document, you must use one of the events available from this menu, or your document will not be filed under seal. Do not use a regular motion event on the “Motions and Related Filings” menu, as any documents so filed will be public. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 1 SEALED CIVIL DOCUMENTS 2015 OVERVIEW OF E‐FILING PROCEDURES Application for Leave to File Under Seal Before filing any sealed document, you must have leave of court. Even if a statute or rule authorizes the filing of a particular document under seal, you must obtain a court order in the case in which you plan to file that document. Accordingly, you must first electronically file an Application for Leave to File Under Seal, following the instructions set forth below at page 5. Your Application must be accompanied by: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of the documents proposed to be filed under seal. L.R. 79- 5.2.2(a)-(b) (eff. 12/1/15). The Application, the proposed order, any redacted documents, and the text of the docket entry itself will be visible to the public, so be sure to draft them accordingly. The declaration and the document(s) proposed to be filed under seal will not be publicly viewable. A Notice of Electronic Filing (“NEF”) will be sent, and recipients will be able to click on the link in the NEF to view the Application, the proposed order, and the redacted documents. However, only court staff and the CM/ECF user filing the documents will be able to view the declaration and the documents proposed to be filed under seal. Note that, if you are the party that has designated a document confidential pursuant to a protective order, L.R. 79-5.2.2(b)(i) requires you to file a Declaration explaining why the documents should be filed under seal. You should use the “Sealed Declaration in Support” event to file this declaration. E‐Filing Sealed Documents Once leave to file a document under seal has been granted, the party that requested leave to file under seal must proceed to file the document. Clerk’s Office staff will not do this for you. If you obtain leave to file a document under seal, you must follow through and file it under seal, or you will not be able to rely on the document in the case. For instance, if you obtain leave to file a motion to dismiss under seal, you must then file your motion to dismiss, using the “Sealed Motion” event under the “Under Seal Filing Events” menu, following the instructions set forth below at page 22. Likewise, if you obtain leave to file an exhibit to a summary judgment motion under seal, you must then proceed to file your summary judgment motion using a regular motion event, then file the sealed exhibit using the “Sealed Document” event on the “Under Seal Filing” menu, and link it to your summary judgment motion, following the instructions set forth below at page 15. Any document filed under seal must also be linked to the court order granting permission to so file. See L.R. 79-5.2.2 (c) (eff. 12/1/15). Service of Sealed Documents Documents electronically filed under seal will not be accessible through the Notice of Electronic Filing (“NEF”). The filing party is therefore responsible for serving all sealed documents and attachments on opposing counsel by other means. A certificate of service must be included with every sealed filing and a copy of the NEF should be served with the sealed Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 2 SEALED CIVIL DOCUMENTS 2015 document. See L.R. 79-5.3 (eff. 12/1/15). Public Access A sealed document filed in CM/ECF cannot be viewed remotely on PACER or on the Clerk’s Office public terminals by anyone other than Court personnel, with one exception. The individual attorney who e-filed that sealed document will be able to access it, but no other CM/ECF users, even attorneys of record in the same case or for the same party, will be able to view the document. Available Events Only documents properly filed using specific sealed docket entries are SEALED upon submission. The events are located on the “Under Seal Filing Events” menu found under the “Under Seal Filings” heading on the CIVIL docketing menu. The following sealed civil events are available for your use: Leave for In Camera Review Leave to File Document Under Seal Sealed Declaration in Support Sealed Document Sealed Motion (Generic sealed motion type event) Sealed Opposition Sealed Reply Additional information and step-by-step filing instructions for each of these events is set forth below. When you file a document using the events listed above, you will have the ability to link or relate your motion, opposition, reply, or other sealed document to a previous docket entry. Clearly Label All Sealed Documents All sealed documents should be clearly marked as “FILED UNDER SEAL PURSUANT TO ORDER OF THE COURT DATED ______.” L.R. 79-5.2.2(c). Use Caution in Drafting Docket Entry Text When electronically filing a sealed document, remember, the DOCKET ENTRY can be viewed by the public, even though the attached DOCUMENT will be sealed. Mandatory Chambers Copies & Proposed Orders A Word Perfect or Microsoft Word version of the proposed order must be emailed to chambers as required by L.R. 5-4.4.2, and mandatory chambers copies of e-filed sealed documents must be provided to chambers pursuant to L.R. 5-4.5, just as with any e-filed documents. However, mandatory chambers copies must be provided in sealed envelopes, with a copy of the title page attached to the front of each envelope. L.R. 79-5.2.2(a). Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 3 SEALED CIVIL DOCUMENTS Filing a Redacted Document 2015 If you are required to file a redacted version of a document, only the portions of the document that are confidential should be redacted. Be sure to add the word REDACTED in the caption of the document and in the docket text of the entry. Problems Filing a Sealed Document If you cannot file a sealed document electronically due to a technical failure of CM/ECF, you must file it in paper pursuant to L.R. 5-4.6.2. The original and the judge’s copy of all such documents must be submitted for filing in separate sealed envelopes, with a copy of the title page attached to the front of each envelope. An additional copy must be provided in PDF format on a CD. L.R. 79-5.2. Red Screens During the docketing process for any of the events on the “Under Seal Filing Events” menu, the screen will eventually turn RED. This is the indication that you are using a sealed document event. If the screen does not turn red, STOP immediately. You will need to start your docket entry over to ensure you are using the proper sealed document event. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 4 SEALED CIVIL DOCUMENTS 2015 APPLICATION FOR LEAVE TO FILE UNDER SEAL: SCREEN‐BY‐SCREEN INSTRUCTIONS Electronically filing an Application for Leave to File Under Seal is a two-step process. Local Rule 79-5.2.2 requires that certain documents be filed with the Application: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of any documents proposed to be filed under seal. The rule specifies that the Application, the proposed order, and the redacted documents will be publicly viewable, while the declaration and the unredacted documents will not. Accordingly, you must file the Application, the proposed order, and any redacted documents using one, non-sealed, event (“Leave to File Under Seal”), and the declaration and unredacted documents using another, sealed event (“Sealed Declaration in Support”). Step-by-step instructions for each of those two steps are set forth below. STEP 1 Civil > Under Seal Filings > Under Seal Filing Events > Leave to File Document Under Seal 1. From the Civil Events Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 5 SEALED CIVIL DOCUMENTS 2015 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. 4. Select the “Leave to File Document Under Seal” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Application from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 6 SEALED CIVIL DOCUMENTS 2015 6. You will upload your PDF documents on the next screen. Under “Main Document,” click the “Browse” button, and a file upload box will appear. Navigate to your “Application for Leave to File Under Seal” and select the file, then click “Open.” 7. Under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your “Redacted Document” and “Proposed Order” are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” 8. Select “Application” for your moving document, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 7 SEALED CIVIL DOCUMENTS 2015 9. Review the REMINDER message on the next screen. If you are amending an existing Application for Leave to File Under Seal, please use the “Amendment (Motion related)” event located under “Responses, Replies and Other Motion Related Documents” on the main Civil Events Screen. If you use the “Leave to File Document Under Seal” event to file an amended version of an Application already on file, the system will create an unnecessary duplicate motion on the Judge’s calendar. Enter the filing party’s role in the “Party Role” field, and click “Next.” 10. Please note the warning message on the next screen: NO HEARING is required for this application, so DO NOT set a hearing date. Click “Next.” 11. As no hearing is required, leave the “Date” and “Time” fields blank, and click “Next” to bypass this screen. 12. Note the warning message on the following screen, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 8 SEALED CIVIL DOCUMENTS 2015 13. On the next screen, in the second free text field, enter the title of the document which you are seeking leave to file under seal. Remember that the docket entry text will be publicly visible, so do not include confidential information here. Click “Next.” 14. The next screen will display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button at that point will create an error. 15. The Notice of Electronic Filing will now be displayed. The docketing sequence for the first step of this two-step process (i.e., filing the Application and unsealed attachments) has been completed. You must now continue to the second step (filing the Declaration and sealed attachments) to complete the process. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 9 SEALED CIVIL DOCUMENTS 2015 STEP 2 Use this event to file a declaration required by either L.R. 79-5.2.2(a)(i) or L.R. 79-5.2.2(b)(i). Civil > Under Seal Filings > Under Seal Filing Events > Sealed Declaration in Support 1. Click “Civil” on the blue menu bar at the top of the screen to return to the Civil Events Screen. Under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. If needed, enter the case number in the “Civil Case Number” field, and click “Find This Case.” (If you continue to this step directly after completing Step 1, the case number should be pre-populated.) 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 10 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Declaration in Support” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Declaration from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” Click “Next” again on the following screen. 6. The next screen is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Declaration in Support again. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 11 SEALED CIVIL DOCUMENTS 2015 7. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload box will appear. Navigate to where you have saved your Declaration in Support of Application for Leave to File Under Seal, select the file, and click “Open.” 8. Under “Attachments,” click the “Browse” button, and a file upload screen will appear. Navigate to where your “Unredacted Document” is saved, and select “Open.” In the corresponding “Category” field, select “Unredacted Document” from the drop down list. Repeat if attaching multiple unredacted documents. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 12 SEALED CIVIL DOCUMENTS 2015 9. Note the message indicating that you will be required to link your Declaration to the Application for Leave to File Under Seal to which it relates. Click “Next.” 10. Select the correct Application for Leave to File Under Seal from the list presented, and click “Next.” 11. Review the REMINDER message regarding service on the next screen. Click “Next.” 12. Note the warning message on the following screen, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 13 SEALED CIVIL DOCUMENTS 2015 13. The final docket text will be displayed on the next screen. Click “Next.” 14. The next screen will again display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. 15. The Notice of Electronic Filing will now be displayed. The docketing sequence for both steps of this two-step process has been completed. 16. Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it, the sealed declaration, and the unredacted document on opposing counsel. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 14 SEALED CIVIL DOCUMENTS 2015 SEALED DOCUMENT: SCREEN‐BY‐SCREEN INSTRUCTIONS Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process. Civil > Under Seal Filings > Under Seal Filing Events > Sealed Document 1. From the Civil Events Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 15 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Document” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Sealed Document from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” 6. The next screen will present a question. Answer it, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 16 SEALED CIVIL DOCUMENTS 2015 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order. 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Document again. 9. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload screen will appear. Navigate to where your Sealed Document is saved and select the file, then click “Open.” 10. If you have additional documents to attach, under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 17 SEALED CIVIL DOCUMENTS 2015 11. The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal. First, however, you will be presented with the option to link this Sealed Document to another document previously filed in the case. For instance, if the Sealed Document being filed is an exhibit to a summary judgment motion, check the box indicating that the document should be linked to another document in the case. If the Sealed Document does not need to be linked to another document, leave the box unchecked, and click “Next” to bypass the linking screen. 12. If you checked the box and clicked “Next,” a linking screen will appear. Check the box next to the document to which you want to link the Sealed Document, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 18 SEALED CIVIL DOCUMENTS 2015 13. You must next link your Sealed Document to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.” 14. Review the REMINDER message regarding service on the next screen. Click “Next.” 15. Note the warning message on the following screen, and click “Next.” 16. On the next screen, enter the document caption in the free text field. Remember that this text will be publicly visible, so do not include confidential information here. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 19 SEALED CIVIL DOCUMENTS 2015 17. The next screen will display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. 18. Next, the Notice of Electronic Filing will be displayed. The docketing sequence has been completed. 19. Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 20 SEALED CIVIL DOCUMENTS 2015 Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel. EXAMPLE OF COMPLETED DOCKET ENTRY Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 21 SEALED CIVIL DOCUMENTS 2015 SEALED MOTION (GENERIC SEALED MOTION‐TYPE EVENT): SCREEN‐BY‐SCREEN INSTRUCTIONS Please note that this event can only be used to e-file a motion under seal if you have already obtained a court order granting leave to file that motion under seal. If you have not obtained such an order, you will not be able to complete the e-filing process. Civil > Under Seal Filings > Under Seal Filing Events > Sealed Motion (Generic sealed motion type event) 1. From the Civil Events Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 22 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Motion (Generic sealed motion type event)” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Sealed Motion from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” Click “Next” again on the following screen. 6. The next screen will present a question. Answer it, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 23 SEALED CIVIL DOCUMENTS 2015 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order. 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Motion again. 9. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload screen will appear. Navigate to where your Sealed Motion is saved and select the file, then click “Open.” 10. If you have additional documents to attach, under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 24 SEALED CIVIL DOCUMENTS 2015 11. The Sealed Motion you are filing must be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.” 12. Select the appropriate type for your moving document, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 25 SEALED CIVIL DOCUMENTS 2015 13. Enter the filing party’s role in the “Party Role” field, and click “Next.” 14. Enter the hearing information for the judge before whom the motion is noticed. 15. Review the REMINDER message regarding service on the next screen. Click “Next.” 16. Note the warning message on the following screen, and click “Next.” 17. On the next screen, enter the document caption in the second free text field. Remember that this text will be publicly visible, so do not include confidential information here. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 26 SEALED CIVIL DOCUMENTS 2015 18. The next screen will display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. 19. Next, the Notice of Electronic Filing will be displayed. The docketing sequence has been completed. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 27 SEALED CIVIL DOCUMENTS 2015 20. Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel. EXAMPLE OF COMPLETED DOCKET ENTRY Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 28 SEALED CIVIL DOCUMENTS 2015 SEALED OPPOSITION: SCREEN‐BY‐SCREEN INSTRUCTIONS Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process. Civil > Under Seal Filings > Under Seal Filing Events > Sealed Opposition 1. From the Civil Event Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 29 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Opposition” event from the list presented, and click “Next.” 5. On the following screen, select the party filing the Sealed Opposition from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” 6. The next screen will present a question. Answer it, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 30 SEALED CIVIL DOCUMENTS 2015 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order. 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. The next screen is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Opposition again. 9. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload screen will appear. Navigate to where your Sealed Opposition is saved and select the file, then click “Open.” 10. If you have additional documents to attach, under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 31 SEALED CIVIL DOCUMENTS 2015 11. As noted in the message on the next screen, you will need to link this Sealed Opposition to the motion or motions to which it relates. Click “Next.” 12. Link the Sealed Opposition to the correct motion, and click “Next.” 13. The Sealed Opposition you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 32 SEALED CIVIL DOCUMENTS 2015 14. Review the REMINDER message regarding service on the next screen. Click “Next.” 15. The final docket text will appear on the next screen. Click “Next.” 16. The next screen will again display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 33 SEALED CIVIL DOCUMENTS 2015 17. Next, the Notice of Electronic Filing will be displayed. The docketing sequence has been completed. 18. Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 34 SEALED CIVIL DOCUMENTS 2015 SEALED REPLY: SCREEN‐BY‐SCREEN INSTRUCTIONS Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process. Civil > Under Seal Filings > Under Seal Filing Events > Sealed Reply 1. From the Civil Events Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” 3. If presented with a list of cases, check the box next to the correct case. Click “Next” once on this screen, and once on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 35 SEALED CIVIL DOCUMENTS 2015 4. Select the “Sealed Reply” event from the list presented, and click “Next.” 5. Select the party filing the Sealed Reply from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” 6. The next screen will present a question. Answer it, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 36 SEALED CIVIL DOCUMENTS 2015 7. Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order. 8. If you select “A Court Order” from the screen shown above, clicking “Next” twice will bring you to the document upload screen. This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Reply again. 9. If the screen turns red, as shown below, proceed to upload your documents. Under “Main Document,” click the “Browse” button, and a file upload screen will appear. Navigate to where your Sealed Reply is saved and select the file, then click “Open.” 10. If you have additional documents to attach, under “Attachments,” click the “Browse” button, and a file upload screen will appear. Individually navigate to where your documents are saved, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 37 SEALED CIVIL DOCUMENTS 2015 11. As noted in the message on the next screen, you will need to link this Sealed Reply to the motion or motions to which it relates. Click “Next.” 12. Link the Sealed Reply to the correct motion, and click “Next.” 13. The Sealed Reply you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case. Make a selection from this list, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 38 SEALED CIVIL DOCUMENTS 2015 14. Review the REMINDER message regarding service on the next screen. Click “Next.” 15. The final docket text will appear on the next screen. Click “Next.” 16. The next screen will again display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button will create an error. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 39 SEALED CIVIL DOCUMENTS 2015 17. Next, the Notice of Electronic Filing will be displayed. The docketing sequence has been completed. 18. Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 40 SEALED CIVIL DOCUMENTS 2015 APPLICATION FOR LEAVE FOR IN CAMERA REVIEW: SCREEN‐BY‐SCREEN INSTRUCTIONS Remember that this event is NOT restricted. Your Application for Leave for In Camera Review will be publicly visible, so do not include confidential information, and do not attach the documents you wish the Court to review in camera. If your Application is granted, you will be responsible for delivering copies of the documents directly to the judge’s chambers, in accordance with the judge’s procedures. Civil > Under Seal Filings > Under Seal Filing Events > Leave For In Camera Review 1. From the Civil Screen, under the heading “UNDER SEAL FILINGS,” select “Under Seal Filing Events.” 2. Enter the case number in the “Civil Case Number” field, and click “Find This Case.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 41 SEALED CIVIL DOCUMENTS 2015 3. Ensure you are selecting the correct case in which to file your documents, and click “Next.” 4. Select the “Leave for In Camera Review” event from the list presented, and click “Next.” 5. Select the party filing the Application for Leave for In Camera Review from the list of parties who have already appeared in the case in the “Select the Party” field, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 42 SEALED CIVIL DOCUMENTS 2015 6. You will upload your PDF documents on the next screen. Under “Main Document,” click the “Browse” button, and a file upload box will appear. Navigate to your “Application for Leave for In Camera Review” and select the file, then click “Open.” 7. If you have any additional documents to attach, click the “Browse” button under “Attachments,” and a file upload screen will appear. Individually navigate to the documents you want to attach, and select “Open.” In each corresponding “Category” field, select the name from the drop down list that correctly identifies each document. Click “Next.” 8. Select “Application” for your moving document, and click “Next.” Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 43 SEALED CIVIL DOCUMENTS 2015 9. Review the REMINDER message on the next screen. If you are amending an existing Application for Leave for In Camera Review, please use the “Amendment (Motion related)” event located under “Responses, Replies and Other Motion Related Documents” on the main Civil Events page. If you use the “Leave for In Camera Review” event to file an amended version of an Application already on file, the system will create an unnecessary duplicate motion on the Judge’s calendar. Enter the filing party’s role in the “Party Role” field, and click “Next.” 10. Please note the warning message on the next screen: NO HEARING is required for this application, so DO NOT set a hearing date. Click “Next.” 11. As no hearing is required, leave the “Date” and “Time” fields blank, and click “Next” to bypass this screen. 12. Note the warning message on the following screen. The “Leave for In Camera Review” event is a public entry and is NOT RESTRICTED. Click “Next” once on this screen, and again on the following screen. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 44 SEALED CIVIL DOCUMENTS 2015 13. The next screen will display the final docket entry text. Click “Next” to complete the filing. DO NOT click the “Back” button once you have clicked “Next.” Clicking the “Back” button at that point will create an error. 14. The Notice of Electronic Filing will now be displayed. The docketing sequence has been completed. Central District of California – Guide to Electronically Filing Under-Seal Documents in Civil Cases 45
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