Trial Procedures; Case Management Order; Standing Order in Civil Cases; Standing Order in Criminal Cases

=== Trial Procedures ===

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 501 I Street Sacramento, California 95814 Daniel J. Calabretta United States District Judge JURY TRIAL PROCEDURES This document describes some of the general procedures that are typically used in civil and criminal jury trials before Judge Calabretta. The Court retains the authority to change these procedures at any time to conform to the needs of a particular case. I. Civil Trials A. Voir Dire Procedures • The jury will consist of 8 jurors with no alternate jurors. Any request to deviate from this format must be made by motion. • The box will be filled with 16 potential jurors. • At the Court’s discretion, each side will typically be given 20 minutes to conduct additional voir dire after the Court performs an initial voir dire questioning. • Following attorney voir dire, the Court will hear challenges for cause at sidebar or outside the presence of the jury. Further rehabilitation may be permitted at that time where necessary. • If fewer than 14 potential jurors remain in the box after challenges for cause are finished, the Court will refill the box until it contains 14 potential jurors. The Court will then inquire about the new potential jurors’ responses to questions asked by the Court during initial voir dire. Attorneys for all parties will then be permitted to briefly conduct additional voir dire only as to any new jurors. • Each party will be given 3 preemptory challenges. • When using preemptory challenges, parties may choose to strike one of the 8 potential jurors who would otherwise be empaneled or to pass to the other party. If a party passes and the opposing party chooses to strike another juror, the party that passed may then resume using their strikes as to any of the 8 potential jurors who would otherwise be empaneled. Where one party has exercised all of its strikes and the other party has strikes remaining, the other party may only exercise two additional strikes. When all parties pass or no longer have strike available, voir dire is complete, and the jury will be empaneled. B. Jury Instructions • Following the Final Pretrial Conference, parties will be ordered to file proposed jury instructions. Unless otherwise ordered, proposed jury instructions must be filed jointly in a single set. Where a party objects to an instruction, that instruction should be included in the proposed jury instructions with the opposing party’s objection noted. Along with the contested proposed instruction, the opposing party may provide a brief statement of the legal basis for that objection and propose an alternate jury instruction, as appropriate. • Unless otherwise indicated at the final status conference, the Court will give the following Ninth Circuit Model Civil Jury Instructions as preliminary instructions to the jury following voir dire: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1.3 – Duty of Jury 1.5 – Claims and Defenses 1.9 – What is Evidence 1.10 – What is Not Evidence 1.12 – Direct and Circumstantial Evidence 1.13 – Ruling on Objections 1.14 – Credibility of Witnesses 1.15 – Conduct of the Jury 1.16 – Publicity During Trial 1.17 – No Transcript Available to Jury 1.18 – Taking Notes 1.20 – Bench Conferences and Recesses 1.21 – Outline of Trial • The above listed jury instructions need not be included in the proposed jury instructions except where parties are requesting a modified version of an instruction be used instead. • The Court may also issue additional instructions as appropriate, including instructions that go to the element of the claims to provide the jury with a roadmap of the proceedings. However, if parties wish specific preliminary instructions to be given beyond the above, such instructions must be included with their proposed jury instructions. • Final jury instructions will be given at the close of evidence, before closing argument. • Upon beginning their deliberations, each juror will be provided with a written copy of the final jury instructions. • Parties should review the Final Pretrial Order issued in their case for further information on proposed jury instructions. II. Criminal Trials A. Voir Dire Procedures • The jury will consist of 12 jurors. Typically, there will be 2 alternate jurors but this may be adjusted based on the penalty for the charges, the nature of the case, and any other relevant factor. Parties may request that the number of alternate jurors be altered by stipulation or by motion. • The box will be filled with 22 potential jurors. • At the Court’s discretion, each side will typically be given 20 minutes to conduct additional voir dire after the court performs an initial voir dire questioning. • Following attorney voir dire, the Court will hear challenges for cause at sidebar or outside the presence of the jury. Further rehabilitation may be permitted at that time where necessary. • The number of preemptory challenges for trial jurors depends on the potential penalty for the charges and the number of defendants. Refer to Federal Rule of Criminal Procedure 24(b) for more information. • The number of preemptory challenges for alternate jurors depends on the number of alternate jurors used. Refer to Federal Rule of Criminal Procedure 24(c)(4) for more information. • When using preemptory challenges, parties may choose to strike one of the 12 potential jurors who would otherwise be empaneled or to pass to the other party. If a party passes and the opposing party chooses to strike another juror, the party that passed may then resume using their strikes as to any of the 12 potential jurors who would be empaneled. • After 6 potential jurors have been removed by either challenges for cause or preemptory challenges, the Court will consolidate the remaining jurors and refill the front row with 6 new potential jurors. The Court will then inquire about those jurors’ responses to questions asked by the Court during initial voir dire. At the Court’s discretion, attorneys for all parties will then be permitted to briefly conduct additional voir dire only as to any new jurors. B. Jury Instructions • Following the Trial Confirmation Hearing, parties will be ordered to file proposed jury instructions. Unless otherwise ordered, proposed jury instructions must be filed jointly in a single set. Where a party objects to an instruction, that instruction should be included in the proposed jury instructions with the opposing party’s objection noted. Along with the contested proposed instruction, the opposing party may provide a brief statement of the legal basis for that objection and propose an alternate jury instruction, as appropriate. • Unless otherwise indicated at the final status conference, the Court will always give the following Ninth Circuit Model Criminal Jury Instructions as preliminary instructions to the jury following voir dire: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 1.1 – Duty of Jury 1.2 – The Charge—Presumption of Innocence 1.3 – What is Evidence 1.4 – What is Not Evidence 1.5 – Direct and Circumstantial Evidence 1.6 – Ruling on Objections 1.7 – Credibility of Witnesses 1.8 – Conduct of the Jury 1.9 – No Transcript Available to Jury 1.10 – Taking Notes 1.11 – Outline of Trial 1.16 Bench Conferences and Recesses • The above listed jury instructions need not be included in the proposed jury instructions except where parties are requesting a modified version of an instruction be used instead. • The Court may also issue additional instructions as appropriate, including instructions that go to the element of the claims to provide the jury with a roadmap of the proceedings. However, if parties wish specific preliminary instructions to be given beyond the above, such instructions must be included with their proposed jury instructions. • Final jury instructions will be given at the close of evidence, before closing argument. • Upon beginning their deliberations, each juror will be provided with a written copy of the final jury instructions. • Parties should review the Final Pretrial Order issued in their case for further information on proposed jury instructions.

=== Case Management Order ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA [NAME], Plaintiff(s) v. [NAME], Defendant(s) Case No.: [CASE NO.] INITIAL CASE MANAGEMENT ORDER This action has been assigned to District Judge Daniel J. Calabretta. Pursuant to the provisions of Fed. R. Civ. P. 16 and 26, IT IS HEREBY ORDERED THAT: 1. Plaintiff(s) shall complete service of process on all parties within ninety (90) days of the date of filing of the complaint. 2. Concurrently with the service of process, or as soon thereafter as possible, plaintiff(s) shall serve upon each of the parties named herein, and upon all parties subsequently joined, a copy of all new civil case orders issued, and shall file with the Clerk a certificate reflecting such service. 3. In the event this action was originally filed in a state court and was thereafter removed to this court, the removing party or parties shall, immediately following such removal, serve upon each of the other parties named herein, and upon 1 1 2 3 4 5 6 7 8 9 all parties subsequently joined, a copy of this Order, and shall file with the Clerk a certificate reflecting such service. 4. All non-governmental corporate parties or intervenors must file a corporate disclosure statement on initial appearance, pleading, petition, motion, response, or other request addressed to the court, as required by Fed. R. Civ. P. 7.1(a)(1). 5. In actions where jurisdiction is based under 28 U.S.C. § 1332(a), all parties and intervenors must file a disclosure statement on initial appearance, pleading, petition, motion, response, or other request addressed to the court, as 10 required by Fed. R. Civ. P. 7.1(a)(2). 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. Within sixty (60) days of service of the complaint on any party, or from the date of removal, the parties shall confer as required by Fed. R. Civ. P. 26(f) and shall prepare and submit to the Court a joint status report that includes the Rule 26(f) discovery plan. The status report shall address the following matters: a. The nature of the case, including a brief summary of the claims and legal theories under which recovery is sought or liability is denied; b. c. d. e. f. g. Progress in the service of process; Possible joinder of additional parties; Any expected or desired amendments to the pleadings; Statutory basis for jurisdiction and venue; Anticipated motions and the scheduling of motions; Anticipated discovery and the scheduling of discovery, including: (1) what changes, if any, should be made in the timing, form, or requirement for disclosure under Rune 26(a), including a statement as to when disclosures under Rule 26(a)(1) were made or will be made; (2) the subjects on which discovery may be needed, when discovery should be completed and whether discovery should be conducted in phases or be limited to or focused upon 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 particular issues; (3) what changes, if any should be made in the limitations on discovery imposed under the Civil Rules and what other limitations, if any, should be imposed; (4) the timing of the disclosure of expert witnesses and information required by Rule 26(a)(2); or (5) discovery cut-off dates. h. Contemplated dispositive or other motions and a proposed date by which all non-discovery motions shall be heard; i. Methods that can be used from the outset to avoid unnecessary proof and cumulative evidence, and anticipated limitations or restrictions on the use of testimony under Federal Rule of Evidence 702; A proposed date for final pretrial conference; A proposed date for trial, estimated number of days of trial, and whether any party has demanded a jury trial; Appropriateness of special procedures such as reference to a special master or agreement to try the matter before the assigned magistrate j. k. l. judge pursuant to 28 U.S.C. § 636(c); m. Proposed modification of standard pretrial procedures because of the simplicity of complexity of the case; n. Whether the case is related to any other case pending in this district, including the bankruptcy court of this district; o. Optimal timing and method for settlement discussions, including whether a court-convened settlement conference should be scheduled, whether in the case of a jury trial the parties will stipulate to the trial judge acting as a settlement judge, and the parties’ positions with respect to Voluntary Dispute Resolution (VDRP) as required by Local Rule 271(d); and //// 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 p. Any other matters that may be conducive to the just and expeditious disposition of the case. 7. The parties shall include a statement in their Joint Status Report advising whether they prefer to appear at a status conference or are satisfied to have the Court issue a Status (Pretrial Scheduling) Order based on the 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. If the parties have a significant disagreement in their Joint Status Report, the parties should expect the Court will set the matter for a status conference. Dated: October 21, 2025 /s/ Daniel J. Calabretta THE HONORABLE DANIEL J. CALABRETTA UNITED STATES DISTRICT JUDGE 4

=== Standing Order in Civil Cases ===

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 FOR THE EASTERN DISTRICT OF CALIFORNIA Case No.: [CASE NO.] STANDING ORDER IN CIVIL CASES [NAME], Plaintiff(s) v. [NAME], Defendant(s) I. LAW AND MOTION A. Calendar The civil law and motion calendar for District Judge Daniel J. Calabretta is held on designated Thursdays commencing at 1:30 PM. All motions shall be noticed for hearing on Judge Calabretta’s civil law and motion calendar. Hearing dates are not reserved; however, counsel shall contact Gabriel Michel, Courtroom Deputy for Judge Calabretta, via email ([email protected]), to obtain available hearing dates. Oral argument on all motions shall be conducted in person in Courtroom 7. Joint requests for remote appearance must be made at least one week in advance of the hearing and are generally disfavored. The parties shall indicate in their papers whether they wish to submit any motion for decision without oral argument. The 1 1 2 3 4 5 6 7 8 9 Court may elect to submit any motion for decision without oral argument, taking the matter under submission pursuant to Local Rule 230(g), and will so advise the parties via minute order in advance of the noticed hearing date. The parties are required to comply with Local Rule 230, or other applicable rules and notice requirements with respect to motions. B. Briefing All briefs must be submitted using a font of 12 pt size. Footnotes must be no more than two sizes smaller than the text size. Parties are encouraged to use a sans serif font such as Arial or Helvetica for ease of electronic reading. 10 All moving and opposition briefs or legal memoranda in civil cases shall not 11 exceed twenty-five pages without prior leave of court. Reply briefs filed by moving 12 parties shall not exceed fifteen pages. The Court will grant an application to extend 13 these page limitations only after good cause shown. Pages that exceed the page 14 limitations without leave of court will not be considered. Finally, no supplemental 15 briefs or sur-replies shall be filed and will not be considered without prior leave of 16 court. 17 Multi-page exhibits shall be internally paginated, with the pagination for each 18 exhibit beginning with the number 1; references to those exhibits shall refer to the 19 exhibit designation and page number (i.e., Ex. A at 7, etc.). 20 21 C. Meet and Confer Requirements Prior to filing a motion in a case in which the parties are represented by 22 counsel, counsel shall engage in a pre-filing meet and confer to discuss thoroughly 23 the substance of the contemplated motion and any potential resolution. Counsel 24 should resolve minor procedural or other non-substantive matters during the meet 25 and confer process so that briefing on motions that proceed to hearing is directed 26 only to those substantive issues requiring resolution by the Court. A notice of motion 27 shall contain a certification by counsel filing the motion that meet and confer 28 efforts have been exhausted, with a very brief summary of meet and confer 2 1 2 3 4 5 6 7 8 9 efforts. Failure to comply with this requirement will result in the motion being summarily denied without prejudice. D. Motions for Summary Judgment Upon filing a motion for summary judgment, the parties shall carefully read Local Rule 260. Prior to filing a Motion for Summary Judgment, the moving party should meet and confer with the non-moving party to determine whether there are undisputed facts to which the parties can stipulate. Any such facts should be filed with the Motion as a Joint Statement of Undisputed Facts. The moving party shall also include a Separate Statement of Undisputed Facts with their motion for any facts that 10 the moving party believes to be undisputed but for which stipulation was not 11 possible. The nonmoving party shall reproduce and respond to the moving party's 12 Statement of Undisputed Facts. The nonmoving party may also file a concise 13 Statement of Disputed Facts. The moving party shall reproduce and respond to the 14 nonmoving party’s Statement of Disputed Facts, but the moving party may not file a 15 reply to the nonmoving party’s response to the Statement of Undisputed Facts. 16 At least twenty-eight (28) days before the dispositive motions filing deadline, 17 the parties must meet and confer to determine whether they intend to file cross 18 motions for summary judgment. If the parties do intend to file cross motions, the 19 plaintiff must file the opening brief for summary judgment at least fourteen (14) days 20 before the dispositive motions deadline. The plaintiff’s concurrently-filed notice of 21 motion shall indicate the parties’ intention to file cross motions and shall notice a 22 hearing date at least forty-two (42) days from the date of filing. Only four briefs in 23 support of cross motions for summary judgment shall be filed as follows: 24 25 26 27 28 //// (1) Plaintiff’s opening brief (25 pages maximum), along with any other documents required or permitted under Local Rule 260, shall be filed at least fourteen (14) days before the dispositive motions filing deadline; 3 1 2 3 4 5 6 7 8 9 (2) Defendant’s opposition and cross motion for summary judgment (35 pages maximum) shall be filed no later than fourteen (14) days after the motion was filed; (3) Plaintiff’s reply and opposition (20 pages maximum) shall be filed no later than fourteen (14) days after Defendant’s opposition and cross motion were filed; and (4) Defendant’s reply (10 pages maximum) shall be filed no later than ten (10) days after Plaintiff’s reply and opposition were filed. These are the only four briefs that may be filed in cross motions for summary 10 judgment, even if the parties move for summary judgment on more than one 11 complaint (e.g., motions on a complaint and a counterclaim). The parties must obtain 12 permission from the Court to exceed the stated page limitations. If the parties do not 13 comply with this procedure and schedule for filing cross motions for summary 14 judgment, but nonetheless file cross motions, the Court will deny both motions 15 without prejudice. 16 17 E. Proposed Orders The parties are not required to submit proposed orders with civil motions set 18 for hearing before Judge Calabretta, with the exception that proposed orders shall be 19 submitted with motions for a temporary restraining order and motions for a 20 preliminary injunction. In addition, parties shall provide proposed consent decrees 21 where applicable, and proposed findings of fact and conclusions of law following a 22 bench trial. Any such required proposed order shall be submitted in compliance with 23 Local Rule 137(b) and e-mailed in Microsoft Word format to 24 [email protected]. 25 26 II. EX PARTE APPLICATIONS 27 Ex parte applications typically are not heard but are submitted by the Court 28 unless otherwise notified. The filer is required to contact the courtroom deputy and 4 1 2 3 4 5 6 7 8 9 the opposing party prior to the filing of the ex parte application in order to advise that such a request is being made. In addition, the document(s) must indicate whether 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 inability of the filer to obtain a stipulation for the issuance of such an order from other counsel or parties in the action, and (3) why such request cannot be noticed on the Court’s civil law and motion calendar as provided by Local Rule 230. III. SEALING, REDACTED, AND PROTECTIVE ORDERS 10 No document will be sealed, nor shall a redacted document be filed, without 11 the prior approval of the Court, unless such redaction is required by Local Rule 140. If 12 a document for which sealing or redaction is sought relates to the record on a motion 13 to be decided by Judge Calabretta, the request to seal or redact should be directed 14 to him and not the assigned Magistrate Judge. All requests to seal or redact shall be 15 governed by Local Rules 141 (sealing) and 140 (redaction). 16 17 A. Requests for Sealing All requests for sealing must comply with the requirements of Local Rule 141 18 and Federal Rules of Civil Procedure. Additionally, the moving party must clearly state 19 in their motion whether or not the request is opposed by another party. If the request 20 is opposed or the moving party does not state that the motion to seal is unopposed, 21 all other parties must submit either an opposition or notice of non-opposition within 22 three days of the date of service of the Notice of Request to Seal Documents. See 23 Local Rule 141(c). 24 Pursuant to Local Rule 141, a Notice of Request to Seal Document(s) must be 25 filed electronically. The Request to Seal, a proposed sealing order (in Word), and all 26 documents covered by the request must be emailed to 27 [email protected]. If the request is approved and notice of electronic 28 //// 5 1 2 3 4 5 6 7 8 9 filing of the sealing order is received, all documents covered by the order must be emailed to [email protected] for filing under seal. B. Protective Orders Protective orders covering the discovery phase shall not govern the filing of sealed or redacted documents on the public docket. The court will only consider requests to seal or redact filed by the proponent of sealing or redaction. If a party plans to make a filing that includes material an opposing party has identified as confidential and potentially subject to sealing or redacting, the filing party shall provide the opposing party with sufficient notice in advance of filing to allow for the 10 seeking of an order of sealing or redaction from the court. 11 12 IV. APPLICATIONS OR STIPULATIONS TO EXTEND THE TIME TO FILE 13 ANY REQUIRED DOCUMENT OR TO CONTINUE ANY PRETRIAL OR TRIAL DATE 14 No stipulations extending scheduling requirements or modifying applicable 15 rules are effective until and unless the Court approves them. Both applications and 16 stipulations must be filed well in advance of the date due and set forth: 17 18 19 20 21 22 23 24 25 26 (1) the existing due date or hearing date as well as the discovery cutoff date, the last date for hearing motions, the pre−trial conference date and the trial date; (2) specific, concrete reasons supporting good cause for granting the extension. In this regard, a statement that an extension “will promote settlement” is insufficient. The requesting party or parties must indicate the status of ongoing negotiations with specificity; and (3) whether there have been prior requests for extensions, and whether these were granted or denied by the court. Stipulations that have the effect of continuing dispositive motion dates or the 27 trial date are disfavored. 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 V. TRIAL A. Pretrial Statements and Final Pretrial Conference The parties are required to submit a Joint Pretrial Statement pursuant to Local Rule 281. The parties’ Joint Pretrial Statement must be filed seven (7) days before the date set for the Final Pretrial Conference and must also be emailed as a Word document to: [email protected]. Separate pretrial statements are not permitted unless a party is not represented by counsel. The Joint Pretrial Statement must cover all topics detailed in Local Rule 281 with the following clarifications: (1) (2) the parties must include a neutral joint statement of case; all duplicative or overlapping exhibits between parties must be listed as joint exhibits on a separate joint exhibit list, identified as JX−1, JX−2, etc.; (3) plaintiff’s exhibits shall be listed numerically, and defendant’s exhibits shall be listed alphabetically; (4) all exhibits must be identified with a reasonable amount of detail (e.g., date, Bates-stamp number, description, estimated page length) so that there is no confusion as to what exhibit is identified; (5) all remaining issues (e.g., claims, affirmative defenses, forms of relief) asserted in the action must be stated under the points of law section or identified as an abandoned issue; (6) motions in limine listed should be limited to those which the parties reasonably anticipate filing; and (7) the anticipated length of trial. The parties shall not file motions in limine prior to the pretrial conference. 27 Following the pretrial conference, the Court will issue a pretrial order that will set 28 //// 7 1 2 3 4 5 6 7 8 9 dates for the filing of motions in limine, the submission of exhibits, and other trial- related documents/deadlines. VI. NOTICE OF THIS ORDER Counsel for plaintiff shall immediately serve this order on all parties, including any new parties added to the action in the future, unless this case came to the court by noticed removal, in which case defendant shall serve this order on all other parties. Before taking any action in a case, all parties are encouraged to check Judge Calabretta’s page on the website for the Eastern District of California for the most up- 10 to-date version of these rules. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: May 30, 2025 /s/ Daniel J. Calabretta THE HONORABLE DANIEL J. CALABRETTA UNITED STATES DISTRICT JUDGE 8

=== Standing Order in Criminal Cases ===

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 FOR THE EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Case No.: [CASE NO.] STANDING ORDER IN CRIMINAL CASES Plaintiff v. [NAME], Defendant(s) I. LAW AND MOTION A. Calendar The criminal law and motion calendar for District Judge Daniel J. Calabretta is held on Thursdays commencing at 9:00 AM. All motions shall be noticed for hearing on Judge Calabretta’s criminal law and motion calendar with the exception of motions for bail review. Hearing dates are not reserved; however, counsel shall contact Gabriel Michel, Courtroom Deputy for Judge Calabretta, via email ([email protected]), to obtain available hearing dates. Oral argument on all motions shall be conducted in person in Courtroom 7. The parties shall indicate in their written motion whether they are requesting an evidentiary hearing, the anticipated length of that hearing, and any other information required by the Local 1 1 2 3 4 5 6 7 8 9 Rules. Unless otherwise ordered, if a party requests an evidentiary hearing, at oral argument the parties should be prepared to discuss whether an evidentiary hearing should be held, as well as the merits of the motion if the Court concludes an evidentiary hearing is not required. B. Briefing All briefs must be submitted using a font of 12 pt size. Footnotes must be no more than two sizes smaller than the text size. Parties are encouraged to use a sans serif typeface such as Arial or Helvetica for ease of electronic reading. All moving and opposition briefs or legal memoranda in criminal cases shall not 10 exceed twenty-five pages without prior leave of court. Reply briefs filed by moving 11 parties shall not exceed fifteen pages. The Court will grant an application to extend 12 these page limitations only after good cause is shown. Pages that exceed the page 13 limitations without leave of court will not be considered. Finally, no supplemental 14 briefs or sur-replies shall be filed and will not be considered without prior leave of 15 court. 16 17 C. Pretrial Motions The motions listed in Local Rule 302(b)(1) shall be filed before Judge 18 Calabretta. All other pretrial motions shall be filed before the appropriate Magistrate 19 Judge. 20 Pretrial motions must be filed in writing not less than 14 days before the date 21 the motion is noticed for hearing. Any opposition to a noticed motion shall be served 22 and filed within seven days after the motion is filed. If a party does not oppose a 23 noticed motion, a party must file a statement of non-opposition to that effect. Any 24 reply shall be served and filed not more than four days after the opposition is due. No 25 party will be entitled to be heard in opposition to a motion at oral argument if that 26 party has not timely filed an opposition to the motion. 27 Unless a different deadline is expressly ordered by the Court, all pretrial 28 motions, including but not limited to those identified in Federal Rule of Criminal 2 Procedure 12(b)(3), must be heard at least 30 days prior to a Trial Confirmation Hearing. See Fed. R. Crim. P. 12(c)(1). D. Proposed Orders The parties are generally not required to submit proposed orders with criminal motions set for hearing before Judge Calabretta. If a proposed order is ever required (such as for orders granting early termination of supervised release, see Section VII), it shall be submitted in compliance with Local Rule 137(b) and e-mailed in Microsoft Word format to [email protected]. 1 2 3 4 5 6 7 8 9 10 II. SEALING, REDACTED, AND PROTECTIVE ORDERS 11 No document will be sealed, nor shall a redacted document be filed, without 12 the prior approval of the Court, unless such redaction is required by Local Rule 140. If 13 a document for which sealing or redaction is sought relates to the record on a motion 14 to be decided by Judge Calabretta, the request to seal or redact should be directed 15 to him and not the assigned Magistrate Judge. All requests to seal or redact shall be 16 governed by Local Rules 141 (sealing) and 140 (redaction). 17 18 A. Requests for Sealing All requests for sealing must comply with the requirements of Local Rule 141 19 and Federal Rules of Criminal Procedure. Additionally, the moving party must clearly 20 state in their motion whether or not the request is opposed by another party. If the 21 request is opposed or the moving party does not state that the motion to seal is 22 unopposed, all other parties must submit either an opposition or notice of non- 23 opposition within three days of the date of service of the Notice of Request to Seal 24 Documents. See Local Rule 141(c). 25 Pursuant to Local Rule 141, a Notice of Request to Seal Document(s) must be 26 filed electronically. The Request to Seal, a proposed sealing order (in Word), and all 27 documents covered by the request must be emailed to 28 [email protected]. If the request is approved and notice of electronic 3 1 2 3 4 5 6 7 8 9 filing of the sealing order is received, all documents covered by the order must be emailed to [email protected] for filing under seal. B. Protective Orders Protective orders covering the discovery phase shall not govern the filing of sealed or redacted documents on the public docket. The Court will only consider requests to seal or redact filed by the proponent of sealing or redaction. If a party plans to make a filing that includes material an opposing party has identified as confidential and potentially subject to sealing or redacting, the filing party shall provide the opposing party with sufficient notice in advance of filing to allow for the 10 seeking of an order of sealing or redaction from the court. 11 12 III. APPLICATIONS OR STIPULATIONS TO EXTEND THE TIME TO FILE ANY 13 14 15 REQUIRED DOCUMENT OR TO CONTINUE ANY TRIAL CONFIRMATION HEARING OR TRIAL DATE No stipulations extending scheduling requirements or modifying applicable 16 rules are effective until and unless the Court approves them. Both applications and 17 stipulations must be filed well in advance of the date due and set forth: 18 19 20 21 22 23 24 25 26 27 28 (1) the existing due date, hearing date, or status conference date as well as any other dates and deadlines already set by the Court (e.g., discovery cutoff date, the last date for hearing motions, the trial confirmation hearing date, and/or the trial date); (2) specific, concrete reasons supporting good cause for granting the extension; and (3) whether there have been prior requests for extensions, and whether these were granted or denied by the court. Stipulations that have the effect of continuing the trial date are disfavored. 4 1 2 3 4 5 6 7 8 9 IV. DISCOVERY All parties are required to comply with the disclosure requirements set out in the Federal Rules of Criminal Procedure, the Local Rules, and the relevant case law. Unless other dates are set by the Court, all requests, reciprocal requests, and disclosures under Federal Rule of Criminal Procedure 16, aside from discovery generated as part of the trial preparation process itself, should be made prior to the Court setting Trial and Trial Confirmation Hearing dates. If these requests and disclosures are not made prior to the Court setting a Trial date and Trial Confirmation Hearing, the Court will enter an Order setting forth discovery deadlines in the Order 10 setting the Trial and Trial Confirmation Hearing dates. Discovery generated as part of 11 the trial preparation process shall be disclosed as expeditiously as possible. 12 13 V. TRIAL 14 A Trial Confirmation Hearing will be set on a date prior to the Trial date. At the 15 Trial Confirmation Hearing, the Court will set dates for the filing motions in limine, the 16 submission of exhibits, and other trial-related documents/deadlines. All pretrial 17 motions, except motions in limine, must be heard at least 30 days prior to the Trial 18 Confirmation hearing, absent good cause or a Court order setting a different deadline 19 for such motions. 20 Prior to trial, parties are encouraged to review Judge Calabretta’s Trial 21 Procedures available on his page on the Eastern District’s website. 22 23 VI. CHANGE OF PLEA 24 If the Government intends to seek the immediate remand of a Defendant who is 25 out-of-custody at the time of the change of plea, they must notify the Court of their 26 intent to seek remand when the plea agreement is provided to the Court. 27 In the case of an open plea to the Court, five days prior to the change of plea the 28 Government shall file a memorandum that includes the essential elements, maximum 5 1 2 3 4 5 6 7 8 9 possible sentence, maximum period of supervised release, and a proposed factual basis. If Defendant disagrees with the proposed factual basis, they shall file a separate proposed factual basis two days before the change of plea. VII. JUDGMENT AND SENTENCING Once the Court takes a Defendant’s plea, the Court will set a date for Judgment and Sentencing. No less than 42 days before the sentencing hearing, the probation officer’s proposed presentence report will be made available to both parties. Any objection to the report must be provided to the probation officer and opposing party, in writing, 10 no less than 28 days before the sentencing hearing. The probation officer shall 11 submit the presentence report, including the probation officer’s recommendations, to 12 Judge Calabretta no less than 21 days before the sentencing hearing. Formal 13 objections to the pre-sentence report, including objections to any special conditions 14 requested by the probation officer, must be filed no less than 14 days before the 15 sentencing hearing. 16 Parties may also submit a written sentencing memorandum pursuant to Local 17 Rule 461(g). Any sentencing memoranda must be filed at least seven days prior to the 18 sentencing hearing. If the Government intends to seek the immediate remand of a 19 Defendant who is out-of-custody at the time of sentencing, they must state as such in 20 their sentencing memorandum. 21 Any requests to continue Judgment and Sentencing must be made by the party 22 requesting the continuance and state with particularity the reasons for the request. 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 VIII. MOTIONS FOR EARLY TERMINATION OF SUPERVISED RELEASE All motions for early termination of supervised release shall state the positions of Probation, the Defendant, and the United States. If the Court grants a motion for early termination of supervised release filed by the Defendant, the Defendant shall, within five days, file a proposed order that has been approved by Probation as to form. DATED: THE HONORABLE DANIEL J. CALABRETTA UNITED STATES DISTRICT JUDGE 7