Judge Autumn D. Spaeth
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- Upon Filing
Document Filing Requirements13 rules
Conclusory objections based on alleged disproportionality, burden, cost, or overbreadth without any basis in fact shall be summarily rejected and/or deemed waived.
Counsel seeking sanctions for spoliation of electronically stored information shall be familiar with and seek relief only as permitted by amended Rule 37(e).
Issues not raised in discovery plan but first raised in motion to compel may be deemed waived.
Court's wording
Issues, subjects, or disputes that could have been raised in a substantive, meaningful discovery plan, but are only raised for the first time in a motion to compel, may be deemed waived or resolved against the non-compliant parties and/or their counsel.
Parties shall not agree to or file pro forma discovery plans that do not substantively and meaningfully discuss the topics laid out in Rule 26(f)(3).
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).
Sealed documents not accessible via NEF; filing party must serve by other means with certificate of service.
- Document
- Sealed document
Must include
- •Certificate of service
Court's wording
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
Mandatory Chambers Copies & Proposed Orders
Must include
- •Proposed order
Protective order parties must file sealed declaration explaining need for sealing.
- Document
- Sealed declaration in support
Must include
- •Declaration
Court's wording
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.
Application for Leave to File Under Seal requires declaration, proposed order, redacted and unredacted documents.
- Document
- Application for leave to file under seal
Must include
- •Proposed order
Court's wording
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.
Application for leave to file under seal requires declaration, proposed order, redacted and unredacted documents.
- Document
- Application for leave to file under seal
Must include
- •Declaration
- •Proposed order
- •Unredacted documents
Court's wording
The 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.
Print the NEF and serve it, the sealed declaration, and the unredacted document on opposing counsel.
- Document
- Sealed document
Include
- •Notice of electronic filing
Sanctions cases decided before the December 2015 amendments to Rule 37(e) should be used cautiously considering the changes to the rule.
Failure to obtain non-waiver agreement/order under Rule 502 may be considered in privilege disputes.
Court's wording
In any discovery dispute about waiver of attorney-client privilege or work product protection, especially with respect to electronically stored information, the parties’ failure to have obtained a non-waiver agreement under Fed. R. Evid. 502(e) or a non-waiver order under Fed. R. Evid. 502(d) may be considered as a factor in the court’s determination of the dispute.
Filing & Service rules
Courtesy Copy Requirements
Chambers copy must be delivered by noon next day after submission.
A mandatory paper Chambers copy, tabbed (if appropriate), of the documents listed above (together in one envelope) must be delivered to Magistrate Judge Spaeth's Chambers box, on the 7th floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. 4th St., Santa Ana, California, by 12:00 p.m. (noon) on the day after submission.
Criminal cases
Page 1 | REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND ORDER
Chambers copies of sealed documents must be in sealed envelopes with title page attached.
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).
Civil cases
Page 5 | Mandatory Chambers Copies & Proposed Orders
Sealing & Redaction Procedures
Each sealed item must be individually justified; blanket claims not allowed.
Sealing must be justified for each individual item to be sealed or redacted; blanket claims of confidentiality are not allowed and will result in a denial of the application to seal.
Criminal cases
Page 2 | Sealing must be justified for each individual item
Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with reasonable amount of effort. The parties should file both documents; complete versions of the pleadings and documents under seal, and a redacted version for public viewing, omitting only such portions as the Court has ordered may be filed under seal.
Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with reasonable amount of effort. The parties should file both documents; complete versions of the pleadings and documents under seal, and a redacted version for public viewing, omitting only such portions as the Court has ordered may be filed under seal.
Criminal cases
Page 2 | Documents that are not confidential or privileged in their entirety
Redacted portions must be bracketed and highlighted on unredacted copies.
***On the un-redacted copies (sent via email and the Chambers’ copy, the parties ARE ORDERED to place in brackets and highlight the portion[s] of the document text and/or exhibits that have been redacted.***
Criminal cases
Page 2 | Documents that are not confidential or privileged in their entirety
Only specific sealed docket entries create sealed documents.
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
Civil cases
Page 5 | Available Events
Redacted documents must have 'REDACTED' in caption and docket text.
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.
Civil cases
Page 6 | Filing a Redacted Document
Paper filing of sealed documents requires sealed envelopes and PDF on CD.
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.
Civil cases
Page 6 | Problems Filing a Sealed Document
Sealed documents must be served by other means despite NEF distribution.
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.
Civil cases
Page 30 | Service of Sealed Documents
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.
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 cases
Page 31 | Sealed Opposition: Screen-by-Screen Instructions
Sealed documents must be served by other means; print and serve NEF with sealed document.
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.
Civil cases
Page 42
Application for Leave for In Camera Review is publicly visible; confidential documents must be delivered directly to judge's chambers if granted.
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 cases
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.
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.
Civil cases
Application and proposed order are public; declaration and sealed documents are not.
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.
Civil cases
Do not use back button after clicking next during sealed document filing.
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.
Civil cases
Document caption must be entered without confidential information.
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.”
Civil cases
Application and redacted documents are public; declaration and unredacted documents are sealed.
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.
Civil cases
Court order required to file any sealed document; Application for Leave to File Under Seal needed if no order obtained.
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.
Civil cases
Local Rule requires court order to authorize filing of any sealed document.
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.
Civil cases
Sealed documents must be linked to an order granting leave to file under seal.
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.”
Civil cases
Sealed documents must be linked to an Order granting leave to file under seal.
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.
Civil cases
Sealed documents must be served by printing NEF and serving sealed document on opposing counsel.
Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.
Civil cases
Meritless sealing requests may result in complete rejection.
The inclusion of clearly meritless requests to seal or redact documents may result in the complete rejection of an application to seal.
Criminal cases
Page 2 | The inclusion of clearly meritless requests
Docket entries for sealed documents are public even if the document is sealed.
When electronically filing a sealed document, remember, the DOCKET ENTRY can be viewed by the public, even though the attached DOCUMENT will be sealed.
Civil cases
Page 5 | Use Caution in Drafting Docket Entry Text
Note the warning message on the following screen, and click “Next.”
Note the warning message on the following screen, and click “Next.”
Civil cases
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.
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.
Civil cases
Page 5 | Public Access
CM/ECF screen turns red when using sealed document events.
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.
Civil cases
Page 6 | Red Screens
Review the REMINDER message regarding service on the next screen. Click “Next.”
Review the REMINDER message regarding service on the next screen. Click “Next.”
Civil cases
Sealed documents are restricted from viewing through NEF.
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.
Civil cases
Adjournment & Extension Requirements
Parties must seek relief from scheduling order before filing motion to compel if no due diligence shown.
If no such diligence and cause can be shown, the parties must seek and obtain relief from the District Judge’s scheduling order first before filing a motion to compel.
Civil cases
Ex parte applications to shorten time for motion to compel are prohibited without showing due diligence and good cause.
Ex parte applications to shorten time for hearing on a motion to compel because of an impending Discovery Cutoff date ordered by the assigned District Judge are not permitted and shall be summarily rejected absent a showing of due diligence and good cause why the disputed motion could not have been raised sufficiently in advance of the Discovery Cutoff date.
Civil cases