Standard Information; Standing Order re: 8 U.S.C. 1326

Hon. United States District William B. Shubb (WBS) · U.S. District Court for the Eastern District of California

Role: District Judge

Bluebook Citation: Hon. United States District William B. Shubb (WBS), Standard Information; Standing Order re: 8 U.S.C. 1326, U.S. District Court for the Eastern District of California

Judge Profile: Hon. United States District William B. Shubb (WBS) profile and standing orders


Text

=== Standard Information ===

SENIOR UNITED STATES DISTRICT JUDGE HON. WILLIAM B. SHUBB (WBS) United States District Court - Eastern District of California 501 I Street, Suite 4-200, Courtroom 5, 14th Floor Sacramento, California 95814 Courtroom Deputy (CRD), Karen Kirksey Smith Office: (916) 930-4234 Email: *[email protected] (*Best way to contact the CRD) Before submitting any requests for continuance of any deadline or hearing date in both civil and criminal cases, counsel must first check dates with the courtroom deputy. FOR INFORMATION REGARDING THE CORONAVIRUS DISEASE (COVID-19), COURT OPERATIONS AND COURT GENERAL ORDERS (visit this link): http://www.caed.uscourts.gov/caednew/ Currently all Criminal and Civil matters set before Judge Shubb are being held in person, in open court. Counsel are required to personally appear at all in-court proceedings, unless otherwise notified by the Court (see p. 6). BECAUSE THE COURTROOM IS OPEN TO THE PUBLIC, NO REMOTE CONNECTIONS ARE AVAILABLE AT THIS TIME. TAKE CARE AND STAY HEALTHY! THE WEARING OF A MASK IS OPTIONAL IN COURTROOM 5 Page 1 of 12 PAGE SECTION TABLE OF CONTENTS PAGE SECTION 2 Weekly Court Calendar Schedules 3 4 4 4 4 5 5 5 5 5 5 6 6 6 6 7 7 7 7 Important Notices I. CIVIL CALENDAR INFORMATION Available Civil Law and Motion Dates PowerPoint Presentations (During Oral Argument) Case Citations Courtesy Copies E-mailing of Proposed Orders Motions to Tax Costs (Bills of Costs) Discovery matters (including motions/and stipulated protective orders) Page Limitations The "Box App": Lodging of Administrative Records, Large Quantity Document, Exhibits to Motions, Audio/Video Exhibits Designation and Submission of Depo Transcripts Settlement Conferences Remote Appearances (in civil cases) Appearances at Scheduling Conferences Request to Modify Scheduling Order Dates/Deadlines Ex Parte Applications/TRO's Civil Subpoenas and Procedures Notice of Settlement (Local Rule 160) 7 7 8 II. CRIMINAL CALENDAR INFORMATION Criminal Calendar Hearings Requests for Continuances Criminal Duty Matters 8 8 Waiver of Defendant's Presence 8 8 8 8 9 9 9 9 10 10 10 10 11 11 11 11 12 12 Trial Confirmation Hearings Criminal Motions and Procedures Criminal Subpoenas and Procedures Open Plea/No Plea Agreement Interpreter Services III. TRANSCRIPT ORDERS IV. TRIAL/EVIDENTIARY HEARING INFORMATION (including Audio/Visual Equipment and Accommodations For Communication Disabilities): Trial Hours Electronic Equipment (Audio/Visual) Paraphernalia Counsel/Witness Rooms Exhibit/Tags Deposition Transcripts (civil cases) Exhibit/Witness Lists Court-ordered Trial Documents Accommodations for Communication Disabilities V. COURT HOLIDAYS VI. ELECTRONIC DEVICES POLICY Weekly Court Calendar Schedules: ➢ *Criminal Law & Motion: Mondays @ 10:00 a.m. ➢ *Civil Law & Motion: Every Other Monday @ 1:30 p.m. (See Page 4) ➢ *Pretrial/Scheduling Conferences: Every Other Monday @ 1:30 p.m. (non-law and motion days) ➢ Trials Hours: Usually Tuesday - Friday, 9:00 a.m. to 4:30 p.m., or as discussed by the Court at the pretrial conference (civil cases), trial confirmation hearing (criminal cases), or on the first day of trial. (See Trial Section IV below) *Note: If Monday is a holiday, then the matter will be scheduled for Tuesday of that same week Page 2 of 12 IMPORTANT NOTICES: NOTICE REGARDING SUBMISSION OF REQUIRED CORPORATE DISCLOSURES, NOTICE OF INTERESTED PARTIES, CERTIFICATE OF INTERESTED PARTIES: All parties in a civil action shall adhere to Judge Shubb's order setting the Initial Scheduling Conference, which REQUIRES that a nongovernmental corporate party has the obligation to file a corporate disclosure statement WITH ANY FIRST APPEARANCE, pleading, petition, motion, response or other requests addressed to the court, pursuant to Federal Rule of Civil Procedure 7.1. Failure to comply with this requirement may result in sanctions being ordered against any nongovernmental corporate party that did not submit its corporate disclosures. **************************************************************************** All parties are required to adhere to the following information noted below for civil and criminal cases assigned to Judge Shubb. If you are seeking information relating to a particular case, Local Rules, filing procedures, juror details, directions to the courthouse, or general information, such information may also be obtained by accessing our internet website address at www.caed.uscourts.gov. Any inquiries related to the status of signed stipulations, proposed orders, rulings on motions, ex parte applications, and whether or not a hearing will remain on calendar can be found by accessing the court docket, as this information will not be provided by the courtroom deputy. Once the Court has made any determinations or has ruled on a matter, counsel will be notified accordingly via email from the courtroom deputy or Notice of Electronic Filing (NEF) through CM/ECF. If you have any other inquiries that have not been answered by any one of these resources, you may contact the Courtroom Deputy at the telephone number or email address listed above. 1. Counsel shall contact the courtroom deputy prior to submitting any requests for continuance of any hearing date(s). 2. Counsel are required to email Proposed Orders, Pretrial Statements, Exhibit List, Witness List, Proposed Jury Instructions, Proposed Voir Dire, Proposed Findings of Fact and Conclusions of Law and Proposed Verdict Form (in Microsoft Word (only) to: [email protected] (Refer for Previously-Approved Sealed Documents to Local Rule 141): 3. E-mail Address [email protected] 4. Counsel are required to refer to Local Rule 141 Re Sealed Document Procedures 5. Font Preference for Judge Shubb: Courier 12; However, the parties may also use Times New Roman 12 as well. 6. No food or drinks are allowed in the courtroom. Before submitting any requests for continuance of any deadline or hearing date in both civil and criminal cases, counsel must first check dates with the courtroom deputy. Page 3 of 12 I. CIVIL LAW AND MOTION: Please refer to Local Rule 230 regarding the Notice of Motions and briefing schedule. Held every other Monday at 1:30 p.m., in Courtroom 5, 14th Floor. If Monday is a holiday, then the motion shall be heard on Tuesday at 1:30 p.m., unless otherwise notified by the Court. Counsel are required to personally appear at all motion hearings, unless otherwise notified by the Court. ALSO, PLEASE NOTE BELOW: • Judge Shubb starts court ON TIME, so it is best that counsel be present at least 15 minutes before court starts in order to check-in and provide appearances to the courtroom deputy. • Judge Shubb Does Not Issue Tentative Rulings • Motions for Summary Judgment, Summary Adjudication, Judgment on the Pleadings or Partial Summary Judgment, TRO, Preliminary or Permanent Injunction: Counsel shall confer with the courtroom deputy prior to filing these types of motions (once counsel is actually ready to file the motion) in order to obtain an available hearing date. Obtaining a hearing date with the courtroom deputy does not reserve your motion date, as you are simply being provided with the next available motion date for this type of motion. Your motion will only be calendared once it has been properly filed. Additionally, counsel shall refer to Local Rule 260 and F.R.Civ.P. 56. • Motions for Leave to Withdraw as Counsel of Record: Counsel shall refer to Local Rule 182(d). The client is required to be present at the hearing, and counsel shall also file a declaration stating the efforts made to notify the client of the motion to withdraw, and their required attendance. • Motions in Limine: The timing for filing of said motions are discussed with counsel during the Pretrial Conference, after which time Judge Shubb will issue an order notifying counsel how the court will proceed with said motions. • Motion Dates: Are Subject to Change Without Notice so counsel should always check Judge Shubb's available motion dates below prior to filing any motion. • Motion Dates Are Not Reserved. Simply file your papers in accordance with the Local Rules (see amended L.R. 230) and Federal Rules. • PowerPoint Presentations (During Oral Argument): Counsel are required to submit a written request and proposed order seeking leave to present a PowerPoint presentation during oral argument well in advance of the scheduled motion hearing, along with copies of the presentation slides. Once the court grants this request, counsel will then be allowed to bring in the electronic equipment and presentation. [The Court has several means of connections to hook up your laptop, tablet, iPad, or if you want to use hard copies, we also have the ELMO (all of which project onto the court's monitors).] Counsel are permitted to utilize personal laptops, tablets and iPads (without presentation slides) to assist themselves during oral argument. SELECT FROM THE NEXT AVAILABLE CIVIL LAW AND MOTION DATES: July 6 and 20, August 3, 17 and 31, and September 14 and 28, 2026 at 1:30 p.m. . Case Citations: When including case citations, please note that Judge Shubb prefers "The Blue Book" format. The judge also prefers Westlaw citations for unpublished cases. Page 4 of 12 Courtesy Copies of All Motion-Related Pleadings, Exhibits, Deposition Transcripts, etc.: Hard courtesy copies of all motion briefs over 25 pages are required, and should be submitted to Judge Shubb’s chambers at the address listed above. Courtesy copies of large quantity documents (i.e. 100's or 1000's of pages of exhibits, deposition transcripts, audio/ video clips) can be uploaded to the court's "Box" application ("Box" app), or can be mailed to the courthouse in hard copy format, on a flashdrive, CD or DVD. If counsel choose to upload documents to the court's "Box" app, counsel shall first contact the courtroom deputy at the email listed above. Any large quantity documents (i.e. exhibits, audio/video clips, deposition transcripts, etc.) not e-filed through CM/ECF require the separate e-filing of a "Notice of Lodging With the Court" indicating the manner in which they were submitted (i.e. "Box" app, flashdrive, CD, DVD, hard copy). (See page 5 for more "Box" app information.) E-Mailing of Proposed Orders: As required by the rules, counsel shall submit via email to [email protected] the proposed order accompanying any application, request, stipulation or motion in Microsoft Word format. Pursuant to Local Rule 131(c), the document should include the attorneys' electronic signature(s) (i.e. /s/ First/Last name), as well as the date the document was signed. Motions to Tax Costs (Bills of Costs): Motions to tax costs are taken under submission by the court upon initial filing; no hearing date is set, unless otherwise ordered by the court. All briefs and responses shall be submitted in accordance with Local Rule 292 and the Federal Rules. Discovery matters (including motions and stipulated protective orders): All discovery matters and other duties to be performed by the Magistrate Judge pursuant to Local Rule 302 shall be noticed before the assigned Magistrate Judge, unless otherwise ordered by the Court. Page Limitations: Judge Shubb currently has no set page limitations, other than what is specified in the Court's Local Rules, or found on the Court's website at: www.caed.uscourts.gov, or as noted in the Federal Rules. Notice of Lodging of an Lodging of Administrative Records, Large Quantity Document, Exhibits to Motions, Audio/Video Exhibits and Deposition Transcripts (i.e. 100's or 1,000's of pages) (*See information regarding the "Box" App below): Pursuant to Local Rule 138(b), parties shall, if possible, lodge with the court in electronic format (i.e. a CD or flashdrive) the Administrative Record or any other large quantity documents, audios or videos. Due to the lodging of these types of documents, no electronic filing of said documents is required, unless counsel choose to do so. Judge Shubb does not require a party to submit the "mandatory hard courtesy copy" of the Administrative Record in paper format as noted by this Local Rule, and thereby waives that requirement, unless otherwise ordered by the Court. However, counsel are required to submit to the court a hard courtesy copy of motion pleadings. [The parties may also use the "Box" app in lieu of providing the Court with a flashdrive or CD containing the large quantity documents (see next paragraph below).] In addition, the parties shall e-file a "Notice of Lodging" (as a separate docket entry) of the Administrative Record, any other large quantity document, audios or videos indicating what has been lodged with the court, a description of its contents (i.e. files, deposition transcripts, folders, etc.), along with an index. The Administrative Record or large quantity documents, audios or videos submitted to the court on a flashdrive or CD will be returned to the submitting attorney at the conclusion of the action or further proceedings as appropriate. The "Box" app also allows parties to upload large quantity documents (i.e. exhibits, deposition transcripts, audios, videos, Administrative Records, etc.) directly to Judge Shubb's chambers through the use of a link, without having to e-file the documents through CM/ECF. These "lodged" documents shall be accompanied by Page 5 of 12 the e-filing of a "Notice of Lodging." [*Note: Hard courtesy copies of all e-filed motion briefs, supporting motion briefs, memorandums, and declarations are still required to be sent to Judge Shubb's Chambers. Use of the Box App is mainly for the submission of large quantity documents (i.e. exhibits, audio/videos clips, deposition transcripts, Administrative Records, etc.) that have not been e-filed through CM/ECF.] Large quantity documents can also be mailed to the courthouse at the address listed above in the form of a flashdrive, DVD or CD as noted in the paragraph above. If counsel choose to upload documents to the court's "Box" app, counsel shall contact the courtroom deputy at the email or phone number listed above. (Please contact the courtroom deputy if you have any questions prior to submitting any large quantity documents, audios or videos.) Any documents uploaded to the "Box" app require the separate e-filing of a "Notice of Lodging With the Court" of said documents indicating that they were uploaded to the "Box" app for Judge Shubb's Chambers. Designation and Submission of Deposition Transcripts: Counsel shall adhere to Local Rule 133(j). Excerpts of deposition transcripts may be e-filed with the court in support of motion pleadings. Judge Shubb also requires that counsel submit the entire certified deposition transcript to his chambers as instructed in Local Rule 133(j). *See information in previous paragraph regarding use of the "Box" app for the electronic submission of deposition transcripts. Settlement Conferences: Counsel shall refer to Local Rule 270. If counsel desire to request a date for the settlement conference to be held prior to the date of the pretrial conference, counsel are required to first contact the courtroom deputy for further instruction. Thereafter, Judge Shubb will require the parties to submit a stipulation and proposed order for any requests for an early settlement conference. Remote Appearances in Civil cases (i.e. telephonic conference or Zoom): As of today's date, all matters are being held in-person, in open court. Judge Shubb is not handling matters remotely, and will determine whether or not matters will remain on calendar or taken off calendar and under submission on a case-by-case basis. Counsel are required to personally appear at all motion hearings, unless otherwise notified by the Court. Appearances at Civil Scheduling Conferences): Changes to Fed. R. Civ. P. 16 specifically encourage the court to hold in-person status conferences with the parties’ attorneys, rather than consulting by phone, mail, or other means. Therefore, pursuant to Judge Shubb’s revised Standing Order, the parties shall include a statement in their Joint Status Report advising whether they prefer to appear at a scheduling conference or are satisfied to have the court issue a Status (Pretrial Scheduling) Order based on their Joint Status Report. In appropriate cases, and after receiving the parties’ Joint Status Report, the court may issue a Status (Pretrial Scheduling) Order without requiring a status conference. HOWEVER, if the parties do not receive notification from the Court that the matter has been taken off calendar, vacated or continued, OR have not received the Court’s Status (Pretrial Scheduling) Order sometime during the week prior to the date set for the scheduling conference, then counsel are required to appear. (*Note: The Court does not require trial counsel to appear at the Scheduling Conference, but does require an attorney who is knowledgeable and familiar with the case, can answer any questions the Court may pose, and is able to set any hearing and deadline dates to be discussed. [*Trial counsel are required to appear at the scheduled Pretrial Conference.]) Page 6 of 12 Requests to Modify (Continue) Dates or Terms of Scheduling Order: (in civil cases): (**Counsel shall contact the courtroom deputy for proposed dates prior to submitting requests for continuances of pretrial and trial dates.) Any request to modify the dates or terms of the Scheduling Order, except requests to change the date of the trial, may be heard and decided by the assigned Magistrate Judge. All requests to change the trial date must be submitted to and decided by Judge Shubb. Prior to submitting any requests for continuance, counsel shall make sure that the dates sought to be continued (i.e. discovery deadlines, motion cut-off, expert reports, etc.) do not interfere or go beyond the pretrial conference and/or trial dates, unless those dates (pretrial conference and trial dates) are also included in the request for continuance. Counsel should try to conform to the format set out by the Court in the Scheduling Order and try to parallel such schedule in the request for continuance. Ex Parte Applications/TRO's (in civil cases): Ex Parte Applications are not heard, but are submitted by the court unless otherwise notified. The filer is required to confer the courtroom deputy and inform the opposing party prior to the filing of the ex parte application in order to advise that such request is being made. In addition, the document(s) must indicate whether or not an opposition will be filed. The filer shall include an affidavit indicating a satisfactory explanation for the following: 1) the need for the issuance of such an order; 2) the failure of the filer to obtain a stipulation for the issuance of such an order from other counsel or parties in the action, 3) why such request cannot be noticed on the court's motion calendar pursuant to Local Rule 230, and 4) If a TRO, the filer shall notify the court of any attempts made to notify the opposing party of such filing. Civil Subpoenas and Procedures: Counsel shall refer to Local Rule 250.5 and Fed. Rule 45 regarding the issuance of subpoenas in a civil case. Notice of Settlement: Counsel are required to notify the courtroom deputy once an action has settled, and thereafter, immediately file a Notice of Settlement pursuant to Local Rule 160, which shall include a timeframe for when the disposition documents (stipulated dismissal) will be filed. If any motions are pending at the time of the filing of the notice of settlement, counsel shall include language in the notice of settlement withdrawing the motion(s). II. CRIMINAL CALENDAR INFORMATION: : Held on Mondays at 10:00 a.m. in Courtroom 5, 14th Floor; unless Monday is a holiday, then set for Tuesday of that same week at 10:00 a.m. Please contact the courtroom deputy for a new hearing date prior to seeking the continuance of any criminal matters. **NOTE**: Any hearing dates to be scheduled for an upcoming Monday criminal calendar during Criminal Duty on a Friday afternoon shall not be set unless first cleared by Judge Shubb's CRD. It is counsel's responsibility to contact this CRD before 12:00 PM (Noon) on that Wednesday if they know, or if there is any possibility, that they wish to have a defendant placed on the upcoming Monday criminal calendar. Otherwise, the next available criminal calendar hearing date is to be set. In addition, any requests made by counsel for the setting of TCH and Trial dates during the criminal duty calendar must first be cleared through this CRD. Therefore, counsel MUST contact this CRD prior to the criminal duty calendar if they know, or if there is any possibility, that they wish to have said dates set . Page 7 of 12 Requests for Criminal Calendar Continuances: Please note that the Court would prefer the submission of stipulations and proposed orders on any matters that can be handled without an in-court hearing (i.e. request for the setting of further status conferences, requests for continuances of pending matters, or the setting of trial confirmation hearings and trial dates). Counsel are required to contact the Courtroom Deputy for available hearing dates prior to submitting any request for continuance. Stipulations and proposed orders for continuances on any criminal matters shall be submitted no later than 12:00 (Noon) on the Wednesday prior to the scheduled Monday hearing date, unless otherwise notified by the Courtroom Deputy. Any written request for a continuance must include a reason for the continuance. Criminal Duty Matters: Any criminal duty matters (i.e. requests for modification to pretrial release, requests to travel, discovery matters, bill of particulars) are to be brought before the criminal duty judge, unless otherwise ordered by Judge Shubb. Waiver of Defendant's Presence (at a hearing): Effective immediately, Judge Shubb now requires that this request be submitted with a proposed order for his approval. Counsel shall e-file the document and proposed order as a request, to include the defendant and the attorney's signature. Thereafter, submitting the proposed order in Word to the judge's email address at [email protected] for his review and approval. Trial Confirmation Hearing: Defendants are required to be present at the Trial Confirmation Hearing, unless otherwise ordered by Judge Shubb. Criminal Motions and Procedures: Counsel shall refer to Local Rule 430.1 for the filing of criminal motions. Criminal motions calendared before Judge Shubb shall be heard on a Monday at 10:00 a.m. If Monday is a holiday, then the motion shall be set for Tuesday of that same week at 10:00 a.m., unless otherwise ordered by the Court. Please contact the courtroom deputy for a motion hearing date prior to filing your motion. Motion Dates Are Not Reserved. Please contact the courtroom deputy for a motion hearing date. Thereafter, simply file your papers in accordance with the Local Rule (see L.R. 430.1) and Federal Rules. When including case citations, please note that Judge Shubb prefers "The Blue Book" format. Criminal Subpoenas and Procedures: Counsel shall refer to Federal Rule 17 regarding the requests for issuance of criminal trial subpoenas. Such requests and proposed order shall be submitted in Microsoft Word to the attention of Senior Judge William B. Shubb at his email as follows: [email protected]. Open Plea/No Plea Agreement: As required by Judge Shubb, the government or defendant is to file a memorandum that discusses what the defendant intends to plea to, the factual basis, the maximum sentence, any fines and penalties, the sentencing guidelines, elements of the offense (items that are usually included in a plea agreement). [Sample Cases: 21cr106: Diop (#70); 20cr114: Stinson (#82, #89); 22cr151: Curiel (#64); 19cr148: Vang (#63, #64, best to be one document)]. Page 8 of 12 Interpreter Services: It is the responsibility of counsel to arrange for the services of an interpreter prior to the scheduled hearing date. It is also the responsibility of counsel to cancel the services of an interpreter prior to the scheduled hearing date. Interpreter services for a hearing may be arranged by contacting, Yolanda Riley-Portal, with the Court's Interpreter Office, at 916-930-4221 or [email protected]. III. TRANSCRIPT ORDERS (Sacramento) Please contact the court reporters directly for any transcript requests using the contact information listed below. The assigned court reporter for a particular proceeding can be determined by viewing the court docket entry for that particular hearing date: SACRAMENTO Name Title Phone Email Ana Rivas Kimberly Bennett Jennifer Coulthard Abigail Torres Maryann Valenoti Janelle Murphy Chris Nair Court Services Supervisor Court Reporter Court Reporter Court Reporter Court Reporter ECRO ECRO FORMER COURT REPORTERS Name Michelle Babbitt Kacy Barajas Cathie Bodene Tiphanne Crowe Kelly O'Halloran Thresha Spencer Kathy Swinhart Diane Shepard Phone 916-448-7938 916-426-7640 916-572-4862 916-743-0122 916-761-6943 916-730-2269 916-446-1347 916-930-4133 [email protected] 916-741-3475 530-537-9312 (916) 930-4116 916-930-4275 916-930-4072 916-930-4071 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Email [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] IV. TRIAL/EVIDENTIARY HEARING INFORMATION (including Audio/Visual Equipment and Accommodations For Persons With Communication Disabilities): Trial Hours: Counsel are advised that the court will discuss trial hours, morning and afternoon breaks, trial days and timeframes with counsel on the first day of trial or at the pretrial conference (civil cases) or trial confirmation hearing (criminal cases). Page 9 of 12 Electronic Equipment Available for Use in the Courtroom: The Sacramento Clerk's office has a variety of audio/visual equipment available to use for trial purposes. Some available equipment may include: Interpreter/Hearing Impaired Systems, Audio Teleconferencing, Video Conferencing, Projectors, Plasma Screens, TVs and VCRs, in addition to what is specifically noted below for Judge Shubb’s courtroom. In order to learn more extensively about the equipment provided by the court, you can access our intranet home page at www.caed.uscourts.gov by following these procedures: 1. 2. 3. 4. From the Court intranet home page, select the "Attorney Info" tab. Select the "Sacramento" tab. Scroll down to the "Electronic Courtroom" option. If you have not already done so, attorneys should arrange through the Courtroom Deputy a time to meet with court Information Technology (IT) staff for training on electronic equipment. Appointments should be scheduled at least one to two weeks prior to trial. (Counsel shall confer amongst each other and propose joint dates and times that counsel are available for AV training to the courtroom deputy.) Judge Shubb’s courtroom is currently equipped with the following electronic equipment: 1) ELMO (document presentation camera), 2) Video Cable Hook-ups; 3) Large Projector Screen; 4) Laptop Connections; 5) Monitors in jury box, witness stand, and at counsel table; 6) Wireless Microphones; 7) Annotation Tablet (an electronic chalkboard); and 8) Lapel Microphones. The courthouse also has a projection system and a slide projector available. However, counsel should contact the courtroom deputy at least 1-2 weeks prior to trial in order to verify the availability of the courthouse projectors, or counsel may bring in their own, if necessary. Additionally, counsel should contact the courtroom deputy prior to the day of trial in order to make arrangements to view the courtroom and bring in any other necessary equipment and/or materials. Paraphernalia: For any paraphernalia (i.e. cash, drugs, firearms, large blow-ups, any exhibits large physical items or blowups, electronic equipment, etc.): Counsel are to make arrangements through the Court Security Officers at: (916) 930-2080, if necessary. Counsel/Witness Are available on either side of the courtroom (out in the hallway) for your use during Rooms: trial. Exhibits/Tags: All exhibits must be brought to court for use during trial, and for Court Findings or jury deliberations. Any audio/video images should be made available to the court through electronic means (i.e. CD, flashdrive or on a laptop computer) for use during trial. Photo images may also be displayed by electronic means during trial and should also be placed in a binder and marked accordingly so that they may be submitted to the Court for Findings, or to the jury for deliberations. Exhibits should be placed in easy to use binders (not larger than 2" in width), with divider tabs down the side marking each exhibit. Each binder should also contain a written description of its contents on the spine (clearly marked with "Plaintiff" or "Defendant" Exhibits). The parties may agree to use certain blocks of numbers to mark their corresponding exhibits, (i.e. 1 100 for plaintiffs, 101 200 for defendants), as long as the parties do not use the same numbers; OR, plaintiffs can mark their exhibits using numbers and defendants can mark their exhibits using letters (i.e. A Z, Page 10 of 12 AA ZZ, etc.). Otherwise, exhibits shall be marked as outlined in the Pretrial Scheduling order issued by this Court. Please make sure to bring two sets of exhibits as follows: one original set for the witness with exhibit tags (pink for plaintiff, gold for government, blue for defendant, or joint tags); and one separate set for the judge. Exhibit tags should be placed on the witness' set of exhibits only. The judge's set does not require exhibit tags, but the exhibits should be separated by numbered tabs. Exhibit tags can be obtained through the clerk's office, or counsel may create the tags electronically by inserting the tags directly onto each document. Deposition Transcripts (Civil Cases): Counsel shall lodge any certified transcripts with the courtroom deputy on the first day of trial. Exhibit/Witness Lists: Any exhibit and/or witness lists shall be emailed to the courtroom deputy in Microsoft Word no later than 12:00 PM (Noon) on the Friday prior to the scheduled trial date, to the following email address: [email protected]. See sample of requested exhibit list format below: EXH DESCRIPTION IDENTIFIED ADMITTED 1 2 3 Court-Ordered Trial Documents: If you have not already done so, please be sure to immediately email the Microsoft Word version of any jury instructions, proposed voir dire questions and proposed verdict form, or proposed findings of fact (if your case is a civil bench trial), to the judge's email address: [email protected], as required. Accommodations for Communication Disabilities: The Eastern District of California has added a new web page on our external internet site entitled “Access Coordinators and Accommodations for persons with Communication Disabilities.” The page can be accessed at the following web page: http://www.caed.uscourts.gov/caednew/index.cfm/attorney-info/accommodations-for-communication-disabilities. The coordinator for Sacramento is: Yolanda Riley-Portal: Phone: 916-930-4221; Email: [email protected]. Page 11 of 12 V. COURT HOLIDAYS: 2026 2027 Thursday, January 1 New Year’s Day Monday, January 19 - Birthday of Martin Luther King, Jr. Monday, February 16 - Presidents Day Monday, May 25 - Memorial Day Friday, June 19 Juneteenth Independence Day Friday, July 3 - Independence Day Monday, September 7 - Labor Day Monday, October 12 - Columbus Day Wednesday, November 11 Veterans Day Thursday, November 26 - Thanksgiving Day Friday, December 25 - Christmas Day Friday, January 1 New Year’s Day Monday, January 18 - Birthday of Martin Luther King, Jr. Monday, February 15 - Presidents Day Monday, May 31 - Memorial Day Friday, June 18 Juneteenth Independence Day Monday, July 5 - Independence Day (Observed) Monday, September 6 - Labor Day Monday, October 11 - Columbus Day Thursday, November 11 Veterans Day Thursday, November 25 - Thanksgiving Day Friday, December 24 - Christmas Day (Observed) If you have any questions or require further information, please contact the Courtroom Deputy, Karen Kirksey Smith, at 916-930-4234 or [email protected]. VI. ELECTRONIC DEVICES POLICY (CAED): • Electronic Devices (including cell phones, iPads, Laptops) are allowed in the Courthouse. • Using electronic devices for email, telephone, text-messaging or browsing is allowed in the public areas of the courthouse and the jury lounge. • Photography with an electronic device is not allowed in the courthouse. • Use of electronic devices in the courtroom is prohibited (*unless allowed by the presiding judge). • You must not post on Facebook or otherwise publicize any information about your prospective jury status which may affect your ability to serve. • You must not use your electronic device to read news accounts of a trial, conduct research related to a case, ask legal questions of anyone, discuss a case with anyone, or express your views online via blogs, Twitter, IM, text or other means. *Judge Shubb's Device Policy: If you would like to utilize an electronic device in the courtroom on a particular day, please consult with the courtroom deputy ahead of time, so that the judge can make a decision. Attorneys appearing before the Court (participating in oral argument) may utilize their electronic devices for purposes of audio and video displays and use of notes during oral argument, trials, and other evidentiary hearings, with advance notification to the courtroom deputy. Thank you. Page 12 of 12

=== Standing Order re: 8 U.S.C. 1326 ===

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 EASTERN DISTRICT OF CALIFORNIA STANDING ORDER RE: REASSIGNMENT OF CASES FILED UNDER 8 U.S.C. 1326 Pursuant to the Order of Judge William B. Shubb, the undersigned HEREBY ORDERS any criminal cases charging a violation of 8 U.S.C. 1326 assigned to this judge be submitted to the Clerk, who is directed to reassign those actions to another District Judge. DATED: November 12, 2010

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