Judge John W. Holcomb
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Amended Pleading
- 1 copy • Upon Filing
Courtesy copies
- 1 copy
- By 5pm First Court Day After Filing
- Mail • By 5pm First Court Day After Filing
Discovery Motion
Ex Parte Application
- Upon Filing
Adjournments
- Continuances are granted only upon a showing of good cause, and incomplete discovery, lack of trial readiness, or a crowded trial schedule (without detail) do not constitute good cause.
- Continuance of Scheduling Conference granted only for good cause.
- Stipulations extending response deadlines after cut-off require good cause.
- +4 more
Request must include
- Non-deposition discovery must be initiated 45 days before cut-off.
- Expert disclosures must be made 70 days before discovery cut-off.
- Withdrawal of motions or oppositions must be filed 7 days before hearing.
- Opposition to motion must be filed 21 days before hearing date.
Communication
Chambers
Chambers
Phone
Chambers, Clerk
Phone
Chambers
Phone
Chambers
Page & Word Limits6 rules
Statement of the Case: A short synopsis (not to exceed two pages) of the main claims in the Complaint and in the Counterclaim (if any) and the primary affirmative defenses.
- Page limit
- Up to 2 pages
Motions must be filed at least 28 days before the hearing cut-off date.
Court's wording
The cut-off date for hearing motions is the last day on which motions will be heard; i.e., the motion must be filed at least 28 days before the deadline in accordance with the requirements of L.R. 6-1.
Memoranda of Points and Authorities in support of or in opposition to motions in limine shall not exceed 10 pages.
- Page limit
- Up to 10 pages
Memoranda of Points and Authorities in support of or in opposition to motions in limine shall not exceed 10 pages.
- Page limit
- Up to 10 pages
Notwithstanding L.R. 11-6.1 & 11-6.2, Memoranda of Points and Authorities in support of or in opposition to motions shall not exceed 25 pages. Replies (which are optional) shall not exceed 12 pages.
The cut-off date applies to all non-discovery motions except motions directly related to the conduct of trial (e.g., motions in limine and motions to sever parties or to bifurcate issues for trial).
Document Format Requirements18 rules
Exhibits must be in three-ring binders with tabs, volume numbers, indexes, and exhibit tags.
- Binding
- Three-ring binder
Formatting
- •Exhibits in three-ring binders
- •Tabbed down right side
- •Volume numbers on spine
- •Index in each volume
- •Exhibit tags in upper right corner
Court's wording
Counsel are directed to prepare their exhibits by placing them in three-ring binders that are tabbed down the right side with exhibit numbers. The spine portion of the binder shall indicate the volume number and shall contain an index of each exhibit included in the volume. The binders are to be prepared with an original for the Courtroom Deputy Clerk, which shall be tagged with the appropriate exhibit tags in the upper right-hand corner of the first page of each
Two Judge’s binders with a copy of each exhibit for use by the Court, tabbed with numbers as described above. (Court’s exhibit tags not necessary.)
Formatting
- •Two binders
- •Tabbed with numbers
- •No court tags needed
Original exhibits must have yellow tags (Plaintiff) or blue tags (Defendant) stapled to upper right corner.
Formatting
- •Yellow tags for plaintiff
- •Blue tags for defendant
Court's wording
The original exhibits with the Court’s exhibit tags. The parties shall use yellow tags for Plaintiff and blue tags for Defendant, which shall be stapled to the front of the exhibit on the upper right corner with the case number, case name, and exhibit number placed on each tag.
Each jury instruction must follow specific formatting requirements.
Formatting
- •Each instruction must cite authority
- •Each instruction must be set forth in full
- •Each instruction must be on a separate page
- •Each instruction must be numbered
- •Each instruction must cover only one subject
- •Instructions must not repeat principles
Court's wording
Each requested instruction (a) shall cite the authority or source of the instruction; (b) shall be set forth in full; (c) shall be on a separate page; (d) shall be numbered; (e) shall cover only one subject or principle of law; and (f) shall not repeat principles of law contained in any other requested instruction.
The exhibits are to be numbered in accordance with L.R. 26-3.
Exhibits must be prepared in right-tabbed, indexed three-ring binders, with an original for the Courtroom Deputy Clerk and two copies for the Court, and numbered under L.R. 26-3.
- Binding
- Tabbed three-ring binder
- Exhibits
Formatting
- •Tabs must be down the right side and bear exhibit numbers
- •Each binder must contain an index of the included exhibits
Court's wording
Counsel are directed to prepare their exhibits by placing them in three-ring binders that are tabbed down the right side with exhibit numbers. The spine portion of the binder shall indicate the volume number and shall contain an index of each exhibit included in the volume. The binders are to be prepared with an original for the Courtroom Deputy Clerk, which shall be tagged with the appropriate exhibit tags in the upper right-hand corner of the first page of each exhibit, and two copies for the Court (the “Judge’s binders”). Each binder shall contain an index of the included exhibits. The exhibits are to be numbered in accordance with L.R. 26-3.
The Court also specifically directs litigants to L.R. 11-3.1.1, requiring that all documents use a font size of 14-point or larger.
- Font size
- At least 14 points
The Joint Statement shall be presented in a table format.
- Joint statement
Formatting
- •Table format
The Joint Statement shall be presented in a table format.
Adding commas, spaces, additional periods, or other extraneous punctuation can interfere with Excel’s ability to sort columns. The Court strongly advises the parties to double-check their work before lodging it with the Court.
When using Microsoft Excel, the parties should not merge cells; they should use the alt enter function to create paragraph breaks within a single cell. The parties may stipulate to using a different program, so long as it facilitates legibility.
Formatting
- •Do not merge cells in Excel
- •Use alt-enter for paragraph breaks
Original exhibits must have party-specific colored tags stapled to the upper-right front, showing the case number, case name, and exhibit number.
- Exhibits
Formatting
- •Each tag must show the case number, case name, and exhibit number
Court's wording
The original exhibits with the Court’s exhibit tags. The parties shall use yellow tags for Plaintiff and blue tags for Defendant, which shall be stapled to the front of the exhibit on the upper right corner with the case number, case name, and exhibit number placed on each tag.
Each statement should be on a separate page and should follow directly after the disputed instruction.
Two Judge’s binders with a copy of each exhibit for use by the Court, tabbed with numbers as described above. (Court’s exhibit tags not necessary.)
- Exhibits
Formatting
- •Tab the exhibits with numbers as described above
- •Court exhibit tags are not necessary on these copies
Parties shall consecutively number the pages of all documents submitted to the court and shall affix the page number at the bottom of each page (except for the caption page).
Formatting
- •Consecutive page numbering at bottom of each page except caption page
If the Opponent has multiple objections, then the Opponent should number them (1), (2), (3), and so on.
Formatting
- •Number multiple objections as (1), (2), (3), etc.
If the Opponent makes multiple objections (factual, evidentiary, or otherwise), then the Proponent should reference the same number when providing a reply. If the Proponent has multiple replies to any given objection, then the Proponent should list them as (A), (B), (C), and so on.
Parties should use Microsoft Excel for the Joint Statement.
Document Filing Requirements121 rules
All parties must file a compliant Disclosure Statement per Rule 7.1; in diversity cases all parties must file, and failure to do so is a basis for sanctions.
Court's wording
Counsel are DIRECTED to review thoroughly Rule 7.1 and to comply strictly with its instruction to file a compliant Disclosure Statement. Please note that, in diversity cases, all parties must file a Disclosure Statement in accordance with Rule 7.1(a)(2). A party's failure to file a timely and complete Disclosure Statement in accordance with all provisions of Rule 7.1 is a basis for sanctions.
Summary judgment motions must cite specific page and line numbers in depositions and paragraph numbers in declarations and affidavits; page numbers alone suffice only when line/paragraph numbers are unavailable, and evidence must be properly authenticated.
Court's wording
motion must cite to specific page and line numbers in depositions and paragraph numbers in declarations and affidavits. If a line number or paragraph number is not available (e.g., the citation is to a visual image or a handwritten note or some other document without identifiable lines or paragraph numbers), only then will merely providing the page number(s) suffice. Furthermore, such evidence must be authenticated properly. The Court DIRECTS the parties to become familiar with Orr v. Bank of America, NT & SA, 285 F.3d 764 (9th Cir. 2002).
Summary judgment motions must be accompanied by a Joint Statement of Undisputed Facts and Genuine Disputes; briefs must cite the Joint Statement, which cites only the Joint Exhibit, and citations to individual exhibits will be disregarded.
Court's wording
The moving party’s motion shall also be accompanied by a Joint Statement of Undisputed Facts and Genuine Disputes (the “Joint Statement”). The parties must cite to the factual statements set forth in the Joint Statement in their respective briefs for any fact that they wish to identify as a material fact under Rule 56(a). In turn, the Joint Statement will cite only to the Joint Exhibit. Citations found in the briefs to any individual exhibits or the Joint Exhibit will be disregarded.
Each fact must include a pin cite to admissible evidence, or the fact will be deemed unsupported; pin citations should cover no more than five pages at a time.
Court's wording
The fourth column shall contain a citation to admissible evidence that the Proponent believes supports the proffered fact. If any party fails to provide a pin cite to the supporting evidence, then the Court will deem the proffered fact (or dispute) unsupported. ... As a rule of thumb, pin citations should refer to no more than five pages at a time.
The fifth column must begin with either 'Disputed.' or 'Undisputed.' and provide any evidentiary objection.
Court's wording
The fifth column shall identify whether the proffered statement of fact is disputed or not and shall provide any evidentiary objection. The entry must begin with either the word “Disputed.” or “Undisputed.”
The Joint Statement of Undisputed Facts must include five columns: fact number, Proponent name, plain statement of fact, citation to admissible evidence, and dispute status with evidentiary objection.
Court's wording
include the following columns: The first column shall contain the number of the fact alleged to be undisputed. Opposing parties shall not restart the numbering for their facts. The second column shall name the party proposing the statement of fact (the “Proponent”). The third column shall contain a plain statement of the fact. Facts shall not be compound. ... The fourth column shall contain a citation to admissible evidence that the Proponent believes supports the proffered fact. ... The fifth column shall identify whether the proffered statement of fact is disputed or not and shall provide any evidentiary objection.
Facts in the Joint Statement must not be compound; legal arguments and conclusions do not constitute facts.
Court's wording
Facts shall not be compound. For instance, if the opposing party (the “Opponent”) could respond by asserting that the fact is disputed only in part, then the fact is compound. By meeting and conferring, the Court expects the parties to resolve any instances in which compound facts are “disputed in part” by separating the elements that are disputed from those that are not. Those elements will form into new, more granular factual statements. Neither legal arguments nor conclusions constitute facts.
A fact is deemed undisputed if a party fails to offer counter-evidence or offers counter-evidence that does not contradict the proffered fact.
Court's wording
If a party attempts to dispute a fact but fails to offer any counter-evidence, or only offers counter-evidence that falls short of contradicting the proffered fact, then the Court will deem the fact undisputed for the purpose of the motion.
Counter-evidence must include a pin cite to the record (i.e., a page number and, when available, a line or paragraph number).
Evidentiary objections must cite a specific rule and provide a short rationale; boilerplate or blanket objections will be disregarded.
Court's wording
Additionally, any evidentiary objection must cite a specific rule and provide a short rationale or explanation. The Court will disregard “boilerplate recitations of evidentiary principles or blanket objections without analysis applied to specific items of evidence.”
If the Opponent has multiple objections, then the Opponent should number them (1), (2), (3), and so on.
Any further citations to the record must, again, include a pin cite.
If the Proponent has multiple replies to any given objection, then the Proponent should list them as (A), (B), (C), and so on.
If the Proponent chooses to respond, then the Proponent must also (a) identify evidence that rehabilitates its statement of fact or undermines the Opponent’s counterevidence; (b) make an evidentiary objection to the counterevidence, citing the specific evidentiary rule and providing a rationale; or (c) explain why the Opponent’s objection is erroneous.
The moving party’s declaration in support of an ex parte application shall show compliance with L.R. 7-19 and this Order, and it shall include a statement of the opposing party’s position.
Ex parte applications are considered on the papers, and applicants shall not set them for hearing.
Joint Rule 26(f) Report must be filed 14 days before scheduling conference.
Court's wording
The parties are reminded of their obligations under Rule 26(f) to confer regarding a discovery plan no later than 21 days before the Scheduling Conference and to file a “Joint Rule 26(f) Report” with the Court no later than 14 days before the Conference.
Joint Rule 26(f) Report must be filed 14 days before Scheduling Conference.
Court's wording
The Joint Rule 26(f) Report, which shall be filed no later than 14 days before the Scheduling Conference, shall be drafted by Plaintiff (unless the parties agree otherwise), but shall be submitted and signed jointly.
Memoranda of contentions of fact and law must comply with L.R. 16-4 through 16-7.
Court's wording
Counsel shall submit carefully prepared Memoranda of Contentions of Fact and Law (which may also serve as the trial briefs) and proposed Pretrial Conference Orders in accordance with the provisions of L.R. 16-4 through 16-7.
The form of the proposed Pretrial Conference Order shall be in conformity with the form set forth in Appendix A to the Local Rules.
Counsel cannot leave counsel table during session without advance permission.
Court's wording
While Court is in session, counsel may not leave the counsel table to confer with witnesses, colleagues, or assistants elsewhere in the courtroom unless the Court grants permission to do so in advance.
If a witness was on the stand before a recess or adjournment, counsel shall have the witness back on the stand and ready to proceed when Court resumes.
All counsel shall observe the following practices during trial: • All counsel and parties shall rise when the jury enters and leaves the courtroom. • Counsel shall stand when addressing the Court, including when objecting to opposing counsel’s questions. • When objecting, counsel shall state only “objection” and the legal ground for the objection (e.g., hearsay, irrelevant, etc.). Counsel shall refrain from arguing the legal basis for the objection unless and until permission is granted to do so. Counsel shall instruct their witnesses to refrain from answering a question while an objection is pending. • Counsel must seek leave to approach the Courtroom Deputy Clerk or the witness and shall question witnesses while standing at the lectern. • Counsel shall not address or refer to witnesses or parties by first names alone, with the exception of witnesses under 14 years old. • Counsel shall not discuss the law or argue the case in opening statements. • Counsel shall address all remarks to the Court and shall not directly address the Courtroom Deputy Clerk, the Court Reporter, opposing counsel, or the jury (except in opening statement and closing argument). Counsel must ask the Court for permission to talk off the record in order to speak with opposing counsel.
Where a party has more than one lawyer, only one may conduct the direct or cross-examination of a particular witness or make objections with respect to that witness.
Bench trial requires proposed Findings of Fact and Conclusions of Law 21 days before trial, with revisions due 14 days before.
Court's wording
Twenty-one calendar days before the trial date, each party shall prepare and serve on opposing counsel copies of the proposed Findings of Fact and Conclusions of Law. Each party shall review the other party’s proposed Findings and Conclusions and make such changes in the party’s own proposed Findings and Conclusions as necessary following such review. Fourteen calendar days before the trial date, each party shall lodge two copies of its proposed Findings of Fact and Conclusions of Law with the Court, also serving other parties if changes have been made. The parties shall be prepared to submit
File jury instructions 14 days before final pretrial conference with chambers copies and Word format email.
Court's wording
The parties shall file proposed jury instructions fourteen calendar days before the Final Pretrial Conference. As always, the parties must submit Mandatory Chambers Copies to the Court. In addition, the parties must submit electronic versions (in Word format) to the Court at the following e-mail address: JWH_Chambers@cacd.uscourts.gov.
Counsel shall prepare a joint statement of the case which will be read by the Court to the prospective panel of jurors prior to the commencement of voir dire. The statement should not be longer than three paragraphs. The statement shall be filed with the Court fourteen calendar days before the Final Pretrial Conference.
- Document
- Joint statement of case
Must include
- •Joint statement
If a settlement is reached, it shall be reported immediately to this Court as required by L.R. 16-15.7.
all pretrial motions, including motions in limine and motions to bifurcate and to sever (which, as noted above, must be set for hearing at least one week before the Pretrial Conference);
- Document
- Pretrial order
Must include
- •Pretrial motions
Counsel shall lodge all original depositions that will be used in trial with the Courtroom Deputy Clerk on the first day of trial.
the witnesses all parties intend to call during their respective cases, and the amount of time necessary for direct and cross examination of each witness;
Counsel must meet 10 days before trial to stipulate on exhibit foundation and admission.
Court's wording
All counsel shall meet no later than 10 calendar days before trial and shall stipulate to the extent possible regarding foundation, waiver of the best evidence rule, and admission into evidence of exhibits at the start of trial.
The case may not proceed to trial unless all parties, including the principals of all corporate parties, have appeared personally at a settlement conference and have complied with L.R. 16-15.5.
Counsel shall be prepared to discuss the following matters with the Court at the Pretrial Conference:
Four copies of the exhibit index.
- Document
- Exhibit index
Include
- •Exhibit list
Counsel shall include in the proposed Pretrial Conference Order a status report detailing what procedure has been followed and the status of settlement efforts.
- Document
- Pretrial order
Must include
- •Status report
Defendant must withdraw motion to dismiss after plaintiff amends complaint.
- Document
- Motion to dismiss
Must include
- •Notice of withdrawal
Court's wording
If a defendant files a motion to dismiss a complaint and the plaintiff subsequently amends that complaint, then the defendant shall file a Notice of Withdrawal of its motion to dismiss in accordance with L.R. 7-16, without waiting for the plaintiff or the Court to take action on the motion.
Counsel must complete a settlement conference under the Court-Directed ADR Program (L.R. 16-15.4) no later than the date set by the Court above.
Exchange jury instructions 14 days before L.R. 16-2 meeting; objections 7 days before.
Court's wording
Fourteen calendar days prior to the L.R. 16-2 Meeting of Counsel, counsel shall exchange proposed jury instructions and special verdict forms (if applicable). Seven calendar days prior to the L.R. 16-2 meeting, counsel shall exchange any objections to the instructions and special verdict forms.
any evidentiary issues, including anticipated objections under Rule 403 of the Federal Rules of Evidence, and objections to exhibits;
Include
- •Evidentiary issues
Equipment installation requests must be submitted by 4:00 PM Wednesday before trial.
Court's wording
If counsel for any party needs to arrange for the installation of their own equipment, such as video monitors, notebooks, or projection equipment, counsel shall notify the Courtroom Deputy Clerk no later than 4:00 p.m. on the Wednesday before trial so that the necessary arrangements can be made.
Index page required with all jury instructions.
- Document
- Jury instructions
Must include
- •Index page
Court's wording
An index page shall accompany all jury instructions submitted. The index page shall indicate the following: • The number of the instruction; • A brief title of the instruction; • The source of the instruction and any relevant case citations; and • The page number of the instruction.
Settlement notification deadline: Wednesday before Monday trial date.
Court's wording
In all cases set for jury trial, the parties must notify the Court, no later than the Wednesday preceding the Monday trial date, of any settlement, so that the necessary arrangements can be made to bring in a different case for trial or to notify the members of the public who would otherwise be reporting for jury duty that their services are not needed that date.
Each party appearing in this action shall be represented at the Final Pretrial Conference and at all pretrial meetings by its lead trial counsel.
Parties must submit both agreed and disputed jury instructions.
Court's wording
The parties must submit one set of agreed upon jury instructions. At the same time, the parties must submit another set of jury instructions containing the instructions upon which the parties disagree and the objections to those instructions.
Trial starts at 9:00 AM; counsel must arrive by 8:30 AM.
Court's wording
The Court sets firm trial dates. Counsel shall arrive at the Courtroom not later than 8:30 a.m. each day of trial. The Court reserves the time from 8:30 to 9:00 a.m. to handle legal and administrative matters outside the presence of the jury. The trial will commence promptly at 9:00 a.m. Counsel shall anticipate
Filing & Service rules
Electronic Filing Rules
The Excel version of the Joint Statement must be emailed to chambers and a PDF version lodged on the docket when filing the motion.
party (or parties) must transmit the Excel version of the Joint Statement by email to JWH_Chambers@cacd.uscourts.gov at the time that they file their motion and must also lodge a PDF version of the Joint Statement on the docket.
Civil cases
Page 14
The parties must also email Word-format electronic versions of proposed jury instructions to the Court at the specified address.
In addition, the parties must submit electronic versions (in Word format) to the Court at the following e-mail address: JWH_Chambers@cacd.uscourts.gov.
Answers filed in state court must be re-filed in federal court; pending motions must be re-noticed per Local Rule 6-1.
Any answers filed in state court must be re-filed in this Court, either as an exhibit to the Notice of Removal or as a separate filing. Any pending motions must be re-noticed in accordance with L.R. 6-1.
Civil cases
Page 2 | Removed Actions
The court uses an electronic filing system; e-filing requirements are governed by General Order 10-07 and Local Rule 5-4.
This Court uses an electronic filing system for documents. Information regarding the Court’s Electronic Case Filing system is available on the Court’s website at www.cacd.uscourts.gov/cmecf. All documents required to be e-filed in this matter can be found in General Order No. 10-07 (as updated and amended) and L.R. 5-4.
Civil cases
Page 2 | Electronic Filing and Formatting
The Court uses an electronic filing system (ECF) for documents.
This Court uses an electronic filing system for documents. Information regarding the Court's Electronic Case Filing system is available on the Court's website at www.cacd.uscourts.gov/cmecf.
Civil cases
Page 2 | Electronic Filing and Formatting
In removed actions, state-court answers must be re-filed in this Court and pending motions re-noticed per Local Rule 6-1.
Any answers filed in state court must be re-filed in this Court, either as an exhibit to the Notice of Removal or as a separate filing. Any pending motions must be re-noticed in accordance with L.R. 6-1.
Civil cases
Page 2 | Removed Actions
Filing Timing and Cure Windows
Opposition to an ex parte application is due 24 hours after receipt, not the next court day.
The other party’s opposition, or notice of non-opposition (which notice may be provided telephonically to the Courtroom Deputy Clerk (714-338-4760)), to an ex parte application is due 24 hours—not the next court day—after the other party’s receipt of the ex parte application.
Civil cases
Page 14
Motions must be filed at least 28 days before the last date on which motions will be heard.
The cut-off date for hearing motions is the last day on which motions will be heard; i.e., the motion must be filed at least 28 days before the deadline in accordance with the requirements of L.R. 6-1.
Page 2 | III. MOTIONS
Oppositions to motions in limine are due 21 days before the Final Pretrial Conference, and replies are not accepted.
Oppositions to motions in limine are due 21 days before the Final Pretrial Conference (i.e., 14 days before the hearing on motions in limine). Replies will not be accepted.
Page 3 | C. Motions in Limine
Motions in limine and other trial-related motions must be filed at least 28 days before the Final Pretrial Conference and noticed for hearing one week before it.
All motions in limine (including Daubert motions) and other trial-related motions must be filed at least 28 days before the Final Pretrial Conference and properly noticed for hearing one week before the date of the Final Pretrial Conference.
Page 3 | C. Motions in Limine
A party withdrawing a motion or opposition before the hearing must file and serve notice of withdrawal no later than seven days before the hearing.
Any moving party who intends to withdraw the motion before the hearing date shall file and serve a withdrawal of the motion, not later than seven (7) days preceding the hearing. Any opposing party who no longer intends to oppose the motion, shall file and serve a withdrawal of the opposition, not later than seven (7) days preceding the hearing.
Page 4 | D. Withdrawal and Non-Opposition of Motions
Any desired trial briefs are due at least seven days before trial.
D. At Least 7 Days before Trial: • Trial briefs, if desired.
Page 7 | VIII. Pretrial Filings
The proposed Final Pretrial Conference Order, proposed jury instructions and objections, proposed verdict forms, statement of the case, and any desired proposed voir dire questions are due at least 14 days before the Final Pretrial Conference.
C. At Least 14 Days before Final Pretrial Conference • Proposed Final Pretrial Conference Order • Proposed jury instructions and any objections thereto • Proposed verdict forms • Statement of the case • Proposed voir dire questions, if desired
Page 7 | VIII. Pretrial Filings
When the Court sets a motions-in-limine hearing for a different date, motions are due 21 days before the hearing and oppositions are due 14 days before it.
1 In rare instances, the Court will set the deadline for hearing motions in limine for a date other than one week before the Final Pretrial Conference. In those instances, motions in limine are due no later than 21 days before the hearing, and oppositions are due no later than 14 days before the hearing.
Page 7 | VIII. Pretrial Filings
Motions in limine are due at least 28 days before the Final Pretrial Conference and must be set for hearing at least one week before it.
A. At Least 28 Days before Final Pretrial Conference • Motions in limine (which, as noted above, must be set for hearing at least one week before the Pretrial Conference)1
Page 7 | VIII. Pretrial Filings
The memorandum of contentions, witness lists, joint exhibit list, and oppositions to motions in limine are due at least 21 days before the Final Pretrial Conference.
B. At Least 21 Days before Final Pretrial Conference • Memorandum of contentions of fact and law • Witness lists • Joint exhibit list • Oppositions to motions in limine (which, as noted above, must be set for hearing at least one week before the Pretrial Conference)
Page 7 | VIII. Pretrial Filings
Each party must lodge two copies of its proposed findings and conclusions with the Court 14 calendar days before trial and serve other parties if changes were made.
Fourteen calendar days before the trial date, each party shall lodge two copies of its proposed Findings of Fact and Conclusions of Law with the Court, also serving other parties if changes have been made.
Page 14 | XIII. BENCH TRIALS
The parties must file proposed jury instructions 14 calendar days before the Final Pretrial Conference.
The parties shall file proposed jury instructions fourteen calendar days before the Final Pretrial Conference.
Opposition to ex parte application is due 24 hours after receipt, not the next court day.
The other parties’ opposition, or notice of non-opposition (which notice may be provided telephonically to the Courtroom Deputy Clerk (714-338-4760)), to an ex parte application is due 24 hours—not the next court day—after the other parties’ receipt of the ex parte application.
Civil cases
Page 13 | Ex Parte Applications
The Court discourages filing ex parte applications on Fridays or the day before a court holiday unless there is a true emergency.
In view of that 24-hour deadline for opposition papers, in the absence of a true emergency, the Court takes a dim view of applicants who file their ex parte applications on Fridays or on the day before a court holiday.
Civil cases
Page 14
Counsel must meet no later than 10 calendar days before trial to stipulate as far as possible on exhibit foundation, best-evidence-rule waiver, and admission.
All counsel shall meet no later than 10 calendar days before trial and shall stipulate to the extent possible regarding foundation, waiver of the best evidence rule, and admission into evidence of exhibits at the start of trial.
Counsel must exchange objections to proposed instructions and special verdict forms seven calendar days before the L.R. 16-2 meeting.
Seven calendar days prior to the L.R. 16-2 meeting, counsel shall exchange any objections to the instructions and special verdict forms.
Counsel must exchange proposed jury instructions and any applicable special verdict forms 14 calendar days before the L.R. 16-2 Meeting of Counsel.
Fourteen calendar days prior to the L.R. 16-2 Meeting of Counsel, counsel shall exchange proposed jury instructions and special verdict forms (if applicable).
Class certification motion deadline is set at scheduling conference or in scheduling order; if not set separately, it is the same as the dispositive motion deadline.
Notwithstanding L.R. 23-3, the deadline for the filing of a motion for class certification will be set during the Scheduling Conference or in a Scheduling Order. If the Court does not expressly set a separate deadline for the filing of a motion for class certification, then such deadline shall be the same as the deadline for filing dispositive motions.
Civil cases
Page 6 | Class Actions
Service and Proof of Service Rules
Plaintiff must promptly serve the Complaint per Rule 4 and file proof of service per Local Rule 5-3.1.
Plaintiff shall serve the Complaint promptly in accordance with Rule 4 of the Federal Rules of Civil Procedure and shall file the proofs of service pursuant to L.R. 5-3.1.
Civil cases
Page 2 | Service of the Complaint
Withdrawals of motions and oppositions must be served as well as filed.
Any moving party who intends to withdraw the motion before the hearing date shall file and serve a withdrawal of the motion, not later than seven (7) days preceding the hearing. Any opposing party who no longer intends to oppose the motion, shall file and serve a withdrawal of the opposition, not later than seven (7) days preceding the hearing.
Page 4 | D. Withdrawal and Non-Opposition of Motions
Each party must prepare and serve proposed findings of fact and conclusions of law on opposing counsel 21 calendar days before trial.
Twenty-one calendar days before the trial date, each party shall prepare and serve on opposing counsel copies of the proposed Findings of Fact and Conclusions of Law.
Page 14 | XIII. BENCH TRIALS
Plaintiff must serve the complaint promptly per Rule 4 and file proof of service per Local Rule 5-3.1.
Plaintiff shall serve the Complaint promptly in accordance with Rule 4 of the Federal Rules of Civil Procedure and shall file the proofs of service pursuant to L.R. 5-3.1.
Civil cases
Page 2 | Service of the Complaint
The removing Defendant (or Plaintiff in non-removed cases) must promptly serve this Order on all other parties.
If this case was removed to this Court, then the removing Defendant is DIRECTED forthwith to serve this Order on all other parties. Otherwise, Plaintiff is DIRECTED forthwith to serve this Order on all parties.
Civil cases
Page 1 | Order
The Courtroom Deputy Clerk must serve this Order on counsel for all parties by personal service, electronic service, or mail.
The Courtroom Deputy Clerk is DIRECTED to serve a copy of this Order personally, electronically, or by mail on counsel for all parties to this action.
Page 14
Courtesy Copy Requirements
Mandatory chambers copy required for all motion-related documents via drop box or overnight delivery.
A copy of every motion-related document filed (including documents pertaining to claim construction hearings in patent cases) must be delivered to the chambers drop box outside Courtroom 9D or transmitted to chambers via FedEx, UPS, or other overnight delivery service (the “Mandatory Chambers Copy”).
Civil cases
Page 2 | II. MOTIONS - A. Schedule and Procedures
A copy of every motion-related filing, including patent claim-construction documents, must be delivered to chambers by drop box or overnight delivery.
A copy of every motion-related document filed (including documents pertaining to claim construction hearings in patent cases) must be delivered to the chambers drop box outside Courtroom 9D or transmitted to chambers via FedEx, UPS, or other overnight delivery service (the “Mandatory Chambers Copy”).
Page 2 | III. MOTIONS
The parties must submit Mandatory Chambers Copies of the proposed jury instructions to the Court.
As always, the parties must submit Mandatory Chambers Copies to the Court.
Mandatory chambers copies must be delivered to the courtesy box by 5:00 p.m. on the first court day after e-filing.
Mandatory Chambers Copies shall be delivered to the Courtesy Box, located outside of Courtroom 9D on the ninth floor of the United States District Court, 411 W. 4th Street, Santa Ana, California 92701, no later than 5:00 p.m. on the first court day following the e-filing.
Civil cases
Page 3 | Mandatory Chambers Copies
Failure to deliver a compliant mandatory chambers copy may result in rescheduling of hearings and sanctions.
If the filing party and its counsel fail to deliver a Mandatory Chambers Copy in full compliance with this Order and L.R. 11-3, then the Court may reschedule any related hearing and impose sanctions.
Civil cases
Page 3 | Mandatory Chambers Copies
One mandatory chambers copy is required for motions, ex parte applications, and related documents.
The Court requires one (1) Mandatory Chambers Copy of ONLY the following filed documents: motions and related documents (e.g., oppositions, replies, exhibits); and ex parte applications and related documents (e.g., oppositions and exhibits).
Civil cases
Page 3 | Mandatory Chambers Copies
Mandatory chambers copies of discovery-related papers must be delivered to the assigned Magistrate Judge unless waived.
Unless the assigned Magistrate Judge explicitly waives the Mandatory Chambers Copy rule, counsel shall deliver Mandatory Chambers Copies of discovery-related papers to the assigned Magistrate Judge (rather than to this Court).
Civil cases
Page 4 | Discovery
Amended pleadings must include a redlined copy filed electronically and an additional copy emailed to chambers on the same day.
Parties amending their pleadings for whatever reason—including those previously dismissed with leave to amend—must file a redlined copy that compares their amended pleading with their previous pleading. An additional copy of the redlined pleading shall be provided to Chambers by email at JWH_Chambers@cacd.uscourts.gov on the same day that the amended pleading is filed electronically.
Civil cases
Page 6 | Amended Pleadings
Ex parte applications require a mandatory chambers copy as per Paragraph 6.
As with all motion papers, counsel must deliver a Mandatory Chambers Copy in accordance with Paragraph 6 above.
Civil cases
Page 13 | Ex Parte Applications
Mandatory chambers copies may be sent via overnight service for delivery by 5:00 p.m. on the first court day after e-filing.
Alternatively, counsel may transmit such conformed copies via FedEx, UPS, or other overnight service, for delivery no later than 5:00 p.m. on the first court day following the e-filing, addressed to the Chambers of Judge John W. Holcomb, U.S. District Court for the Central District of California, Room 9-160, 411 W. 4th Street, Santa Ana, California 92701.
Civil cases
Page 3 | Mandatory Chambers Copies
Mandatory chambers copies must comply with L.R. 11-3 formatting but the blue-backing requirement is waived.
All Mandatory Chambers Copies shall comply with the document formatting requirements of L.R. 11-3, except for the blue-backing requirement of L.R. 11-4.1, which is hereby waived.
Civil cases
Page 3 | Mandatory Chambers Copies
No chambers copy required for Joint Rule 26(f) Report.
The parties are not required to provide a Mandatory Chambers Copy of their Joint Rule 26(f) Report.
Civil cases
Page 2 | SCHEDULING CONFERENCE PROCEDURES
Filing Bundling Requirements
Parties must consolidate all evidence cited in summary judgment motions into a single Joint Exhibit, which may be split into consecutively paginated parts if too large, with any table of contents filed separately.
The parties must consolidate any exhibits, affidavits, declarations, or other documents cited as evidence into a single document (the “Joint Exhibit”). If the file is too large to upload as a single document, then the parties may break it into two or more files; e.g., Joint Exhibit Part A; Joint Exhibit Part B; and so on. Whether in a single document or several, the Joint Exhibit should be consecutively paginated. For example, if the first document (Part A) starts at page 1 and ends at page 100, then the second document (Part B) should begin on page 101, and so on. A table of contents, if needed, should be filed as a separate document.
Civil cases
Page 7 | Motions for Summary Judgment or Partial Summary Judgment
Parties must consolidate all evidence into a single Joint Exhibit with consecutive pagination, and may split into multiple files if too large.
Parties must consolidate any exhibits, affidavits, declarations, or other documents cited as evidence into a single document (the “Joint Exhibit”). If the file is too large to upload as a single document, then the parties may break it into two or more files; e.g., Joint Exhibit Part A, Joint Exhibit Part B, and so on. Whether in a single document or several, the Joint Exhibit should be consecutively paginated.
Civil cases
Page 7 | Motions for Summary Judgment or Partial Summary Judgment
Motions in limine must not be compound and may address only one item or, where common grounds apply, one category of evidence or witnesses.
Motions shall not be compound; i.e., each motion shall address only one item of evidence or witness. If common grounds for exclusion or admission apply to multiple items of evidence or witnesses, each motion shall address only one category of evidence or witnesses.
Page 3 | C. Motions in Limine
Documentary evidence over 50 pages must be separately bound, tabbed, and indexed; over 200 pages must be in a three-ring binder with tab dividers.
If documentary evidence in support of or in opposition to a motion exceeds 50 pages, the evidence must be separately bound and tabbed and include an index. If such evidence exceeds 200 pages, the documents shall be placed in a three-ring binder, with an index and with each item of evidence separated by a tab divider.
Civil cases
Page 5 | Voluminous Materials
Pre-Motion Conference Requirements
Parties must meet and confer to complete the Joint Statement at least two weeks before the moving party's filing deadline.
Prior to filing the motion, the parties shall meet and confer to complete the Joint Statement. The parties must allow sufficient time—at least two weeks before the deadline for the moving party to file the motion—and must plan accordingly in view of the deadline for hearing dispositive motions; the process of preparing the Joint Statement is intensive.
Civil cases
Page 8 | Motions for Summary Judgment or Partial Summary Judgment
Conference of Counsel required at least 7 days before filing most motions.
The parties are also reminded about their obligation to comply with L.R. 7-3, which requires a Conference of Counsel at least seven days before a party files most types of motions. The Court may deny a motion sua sponte if the moving party fails to comply strictly with L.R. 7-3.
Civil cases
Page 2 | II. MOTIONS - A. Schedule and Procedures
Counsel must hold a conference at least seven days before filing most types of motions.
The parties are also reminded about their obligation to comply with L.R. 7-3, which requires a Conference of Counsel at least seven days before a party files most types of motions.
Page 3 | III. Motions
Motions must be set for in-person hearing on Fridays at 9:00 a.m. in Courtroom 9D.
Motions shall be filed and set for hearing in person, in Courtroom 9D of the United States District Court for the Central District of California, located at 411 W. 4th Street, Santa Ana, California, in accordance with L.R. 6-1. Motions will be heard on Fridays commencing at 9:00 a.m.
Civil cases
Page 4 | Motions—General Requirements
Parties must meet and confer to complete the Joint Statement before filing a summary judgment motion.
Prior to filing the motion, the parties shall meet and confer to complete the Joint Statement. Parties should allow sufficient time and plan accordingly in view of the deadline for hearing dispositive motions; the process of preparing the Joint Statement is intensive.
Civil cases
Page 8 | Motions for Summary Judgment or Partial Summary Judgment
Adjournment & Extension Requirements
Expert disclosures must be made 70 days before discovery cut-off.
If not separately set forth above, the required expert disclosures shall be made 70 days before the discovery cut-off date.
Civil cases
All depositions must be completed by discovery cut-off deadline.
All depositions must be completed by the discovery cut-off deadline.
Civil cases
Withdrawal of motions or oppositions must be filed 7 days before hearing.
hearing date shall file and serve a withdrawal of the motion, not later than seven (7) days preceding the hearing. Any opposing party who no longer intends to oppose the motion, shall file and serve a withdrawal of the opposition, not later than seven (7) days preceding the hearing.
Civil cases
Non-deposition discovery must be initiated 45 days before cut-off.
Counsel shall initiate all discovery other than depositions at least 45 days before the cut-off date.
Civil cases
Opposition to motion must be filed 21 days before hearing date.
To oppose a motion, you must present the Court with a statement explaining the basis of your opposition and the legal authority supporting your contentions. You must also file any evidence upon which you intend to base your opposition to a motion for summary judgment. Pursuant to L.R. 7-9, your opposition is due, at the latest, twenty-one (21) days before the date designated for the hearing of the motion.
Page 7 | Motions
Notice of withdrawal, non-opposition, or continuance request must be given by 12:00 noon on the Tuesday before the hearing.
any party who intends to withdraw a motion, not to oppose a motion, or to seek a continuance of the hearing date for a motion, must notify the Court by 12:00 noon on the Tuesday preceding the hearing date.
Civil cases
Page 6 | Withdrawal of, or Non-Opposition to, Motions
Stipulations extending scheduling dates require Court approval. Continuances require good cause; specific assertions (incomplete discovery, not ready for trial, crowded schedule) do not constitute good cause.
Stipulations extending scheduling dates set by this Court are not effective unless and until approved by the Court. Continuances will be granted only upon a showing of good cause. The assertion that the parties have not concluded their discovery efforts does not constitute “good cause” to extend the case schedule. The assertion that the parties are not ready for trial does not constitute “good cause.” The assertion that counsel has a crowded trial schedule—without significantly more detail and explanation—does not constitute “good cause.”
Civil cases
Page 13 | Stipulations
Continuances are granted only upon a showing of good cause, and incomplete discovery, lack of trial readiness, or a crowded trial schedule (without detail) do not constitute good cause.
Continuances will be granted only upon a showing of good cause. The assertion that the parties have not concluded their discovery efforts does not constitute “good cause” to extend the case schedule. The assertion that the parties are not ready for trial does not constitute “good cause.” The assertion that counsel has a crowded trial schedule—without significantly more detail and explanation, including when counsel recognized that the alleged conflict exists and what efforts counsel undertook to ameliorate the conflict—does not constitute “good cause.”
Civil cases
Page 15 | Continuances
Continuance of Scheduling Conference granted only for good cause.
Other than as set forth in the preceding paragraph, a continuance of the Scheduling Conference will be granted only for good cause.
Civil cases
Page 7 | NOTICE TO BE PROVIDED BY COUNSEL
Stipulations extending response deadlines after cut-off require good cause.
The Court will not approve stipulations between counsel that permit responses to be served after the cut-off date except in unusual circumstances and for good cause shown.
Civil cases
Extension requests for opposition must be filed ex parte before due date.
If you need additional time to oppose the motion, you must file and serve an ex parte application requesting an extension of time before the date on which your opposition is due and you must demonstrate that the additional time you seek is warranted and that the requested extension is not a crisis of your creation, thus precluding you from seeking ex parte relief.
Page 7 | Motions
Chambers Communication Rules
Email unusual words list to court reporter 7 days before trial.
At least seven days before the commencement of trial, counsel for the parties shall provide the court reporter with a list of unusual words, phrases, and spellings that may come up during trial. This information should be emailed to Court Reporter Services at ReportersCACD@cacd.uscourts.gov.
Civil cases
Parties must not communicate with judge without opposing counsel present; contact Courtroom Deputy for inquiries.
Communications with Chambers: Pursuant to L.R. 83-2.11, parties shall refrain from writing letters to the judge, making telephone calls to chambers, or otherwise communicating with a judge unless opposing counsel is present. You may contact the Courtroom Deputy, at 714-338-4768 or JWH_Chambers@cacd.uscourts.gov, with appropriate inquiries. The Courtroom Deputy is not an attorney, and she will not provide you with any legal advice. The Courtroom Deputy cannot waive any of the requirements of this, or any other, Order. If you wish to bring any matter to the attention of the Court, you must do so in writing, and you must file it and serve it on the opposing party.
Page 4 | Communications with Chambers
Moving party must email the Excel version of the Joint Statement to Chambers (implied).
The moving party (or parties) must transmit the Excel version of the Joint Statement by email to
Civil cases
Page 12 | Summary Judgment Motions
Counsel may not contact the Court or staff ex parte by telephone or otherwise unless requested, and may contact the Courtroom Deputy Clerk only when information cannot be found through all available resources.
Unless requested to do so, counsel shall not attempt to contact the Court or its staff by telephone or by any other ex parte means. Counsel are directed to review the Central District’s website at www.cacd.uscourts.gov for the Local Rules, filing procedures, judges’ procedures and schedules, calendars, forms, and Pacer access. Counsel may contact the Courtroom Deputy Clerk, Clarissa Lara, by telephone at 714-338-4736 or by email at Clarissa_Lara@cacd.uscourts.gov only in the event that counsel cannot find the desired information through all available resources.
Civil cases
Page 15 | Communications with Chambers
Parties must immediately notify the Court if a pending motion is resolved.
In the event that the parties resolve a pending motion, they must notify the Court immediately.
Civil cases
Page 5 | Withdrawal of, or Non-Opposition to, Motions
Counsel must not contact Court or staff by telephone or ex parte unless requested.
Unless requested to do so, counsel shall not attempt to contact the Court or its staff by telephone or by any other ex parte means.
Civil cases
Page 14 | Communications with Chambers
Court orders and Local Rules available on court website.
Copies of this and all other orders of this Court that may become applicable to this case are available on the Central District of California website, at www.cacd.uscourts.gov, under “Judge’s Procedures and Schedules.” Copies of the Local Rules are also available on the website.
Civil cases
Page 7 | COURT’S WEBSITE
Counsel may contact Courtroom Deputy Clerk by phone only if information cannot be found through other resources.
Counsel may contact the Courtroom Deputy Clerk, Clarissa Lara, by telephone at 714-338-4736 or by email at Clarissa_Lara@cacd.uscourts.gov only in the event that counsel cannot find the desired information through all available resources.
Civil cases
Page 14 | Communications with Chambers