Judge Douglas F. McCormick
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Upon Filing
Adjournments
- The pretrial conference shall be held no later than 150 days and trial no later than 180 days after this agreement is approved by the Court. Extensions are strongly discouraged. Each side will be limited to one extension not to exceed 14 days, absent a showing of compelling circumstances in favor of a longer extension.
- Discovery motions due 30 days before discovery ends; informal procedure encouraged.
- Withdrawal from expedited procedure requires leave of Court and showing of good cause.
Request must include
- New trial motions due within 10 days; limited to judicial/jury misconduct or corruption/fraud.
Page & Word Limits3 rules
Discovery limited to 120 days with specific numerical limits per side.
Court's wording
Up to 120 days will be allowed for discovery. Discovery shall be limited to 10 interrogatories, 10 document requests, 10 requests for admission, and 10 hours total of depositions, per side. The deposition time limit encompasses fact witnesses and expert witnesses.
Page limits: 15 pages for motions to dismiss/opposition, 25 pages for summary judgment/Daubert, 5 pages for reply briefs.
- Reply brief
- Up to 5 pages
- Opposition motions
Exception
More pages with leave of court
Court's wording
Motions to dismiss and oppositions are limited to 15 pages. Motions for summary judgment, Daubert motions, and their respective oppositions are limited to 25 pages. Evidentiary attachments are limited to material strictly necessary to the determination of the motion. Reply briefs will not be allowed without leave of Court, and when allowed will be limited to 5 pages.
No party shall call more than one expert witness to testify, unless permitted by the Court or by agreement of the parties.
Document Filing Requirements19 rules
Post-trial motions limited to specific categories: costs, clerical errors, verdict conformity, enforcement, new trial.
Court's wording
Post-trial motions shall be limited to determination of costs and attorneys’ fees, correcting a judgment for clerical error, conforming the verdict to the agreement, enforcement of judgment, and motions for a new trial.
Must use Under Seal Filing Events menu to e-file sealed documents; regular motion events will make documents public.
Court's wording
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.
Attorneys must e-file sealed documents in public/non-sealed civil cases using CM/ECF starting December 1, 2015.
Court's wording
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.
Must obtain court leave before filing any sealed document, even if statute/rule authorizes it.
- Document
- Sealed document
Must include
- •Court order
Court's wording
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.
Application for Leave to File Under Seal must include declaration, proposed order, redacted and unredacted documents.
- Document
- Application for leave to file under seal
Must include
- •Declaration
- •Proposed order
- •Redacted version
- •Unredacted version
Court's wording
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).
Protective order parties must file declaration explaining why documents should be sealed using Sealed Declaration in Support event.
- Document
- Sealed declaration
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.
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.
Proposed orders must be emailed to chambers; sealed documents require sealed envelopes with title page.
Must include
- •Proposed order
Court's wording
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).
Sealed documents not accessible through NEF; filing party must serve them on opposing counsel by other means.
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
- Document
- Sealed document
Must include
- •Certificate of service
Sealed documents must be linked to an order granting leave to file under seal.
Court's wording
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.
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.”
- Document
- Sealed document
Include
- •Caption
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.”
Sealed Opposition must be linked to an order granting leave to file under seal.
Court's wording
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.”
Mandatory Chambers Copies & Proposed Orders
Must include
- •Proposed order
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
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.
E-filing sealed documents only required in public/non-sealed civil cases, not criminal or fully sealed cases.
Court's wording
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.
Pro se parties must file sealed documents in paper even if they have e-filing permission.
Court's wording
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.
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.
Filing & Service rules
Courtesy Copy Requirements
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
Redacted documents must include '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 with title page 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 (not via NEF); print and serve NEF, sealed declaration, and unredacted document on opposing counsel.
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.
Civil cases
Page 16
Sealed document e-filing requires prior court order granting leave to file under seal.
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 17 | Sealed Document: Screen-by-Screen Instructions
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
Page 19 | 8
Court order required to file sealed documents; Application for Leave to File Under Seal needed if no order exists.
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
Page 19 | 7
Sealed documents must be linked to an existing 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
Page 21 | Sealed Document Filing Instructions
Sealed documents are restricted from viewing and not accessible 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
Page 22 | Sealed Document Filing Instructions
Sealed documents must be served by printing NEF and serving both NEF and 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
Page 23 | SEALING PROCEDURE
Local Rule requires court order to file any sealed document; statute authorization alone is insufficient.
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
Page 26 | Local Rule Requirements
Document upload screen must turn red to confirm sealed filing.
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.
Civil cases
Page 33 | Document Upload Screen
Sealed documents must be served by other means; print NEF and serve 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
File Application/proposed order/redacted docs via non-sealed event; declaration/unredacted docs via sealed event.
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”).
Civil cases
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 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
Sealed Reply must be linked to an Order granting leave to file under seal; docketing stops if no such order exists.
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.”
Civil cases
Application and proposed order are publicly viewable; 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
Document upload screen must turn red to confirm filing under seal; if not red, restart the docketing process.
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.
Civil cases
Application, proposed order, redacted documents and docket entry 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
Page 4 | OVERVIEW OF E-FILING PROCEDURES
Adjournment & Extension Requirements
Withdrawal from expedited procedure requires leave of Court and showing of good cause.
A party may seek leave of Court to withdraw from this expedited procedure. Such motions will be granted only upon a showing of good cause.
Civil cases
The pretrial conference shall be held no later than 150 days and trial no later than 180 days after this agreement is approved by the Court. Extensions are strongly discouraged. Each side will be limited to one extension not to exceed 14 days, absent a showing of compelling circumstances in favor of a longer extension.
The pretrial conference shall be held no later than 150 days and trial no later than 180 days after this agreement is approved by the Court. Extensions are strongly discouraged. Each side will be limited to one extension not to exceed 14 days, absent a showing of compelling circumstances in favor of a longer extension.
Civil cases
New trial motions due within 10 days; limited to judicial/jury misconduct or corruption/fraud.
Motions for a new trial shall be filed within 10 days after notice of entry of a verdict and are limited to judicial misconduct that materially affected the substantial rights of a party, jury misconduct, or corruption, fraud, or other undue means employed in the proceedings of the Court or jury.
Civil cases
Discovery motions due 30 days before discovery ends; informal procedure encouraged.
Discovery motions shall be filed no later than 30 days before the end of the discovery period. All Federal Rules of Civil Procedure and Local Rules concerning discovery disputes apply. The parties are strongly encouraged to use the Court’s informal discovery procedure, available at https://www.cacd.uscourts.gov/honorable-douglas-f-mccormick.
Civil cases