Judge Sherilyn Peace Garnett
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
Motion, Response
Rule 56 Motions
- 1 copy • Next Business Day by Noon
TRO Application
- 1 copy • Same Day
Adjournments
- Ex parte applications for deadline extensions require showing irreparable prejudice, lack of fault, and excusable neglect; last-minute applications denied will not relieve obligations.
- Continuances require good cause, advance notice, a motion or stipulation with proposed order, and a detailed declaration with specific elements.
- Continuance of scheduling conference granted only for good cause.
- +4 more
Request must include
- Counsel must notify opposing counsel and the CRD of calendar conflicts via chambers email at least 3 days before the scheduled appearance.
Communication
Chambers, Clerk
Page & Word Limits9 rules
Memoranda of points and authorities in support of or in opposition to motions shall not exceed twenty-five (25) pages. Replies shall not exceed fifteen (15) pages.
Motions in limine must be noticed at least 4 weeks before the Final Pretrial Conference, and each party is limited to five motions.
Court's wording
Motions In Limine: Motions in limine shall be noticed for hearing not later than four (4) weeks before the Final Pretrial Conference date. Unless leave of Court is granted, each party is limited to five motions in limine.
Statement of the Case: A short synopsis (not to exceed two pages) of the main claims, counterclaims, affirmative defenses, and procedural history.
- Statement of case
- Up to 2 pages
Each separately represented party shall be limited to twenty-five (25) pages, exclusive of tables of contents and authorities. Replies shall not exceed ten (10) pages.
Excluded from page count
- •Table of contents
- •Table of authorities
No later than seven (7) days after the Joint Brief is filed and no later than twenty-one (21) days before the scheduled hearing date, the moving party may separately file a reply memorandum of points and authorities, not exceeding ten (10) pages in length.
- Reply brief
- Up to 10 pages
Motions in limine must be filed 28 days before final pretrial conference; oppositions 14 days before; no replies unless ordered; 10-page limit.
- Motion in limine
- Up to 10 pages
Court's wording
All motions in limine must be filed at least twenty-eight (28) days before the Final Pretrial Conference. Oppositions must be filed at least fourteen (14) days before the Final Pretrial Conference. There shall be no replies, unless ordered by the Court. Motions in limine and oppositions must not exceed ten (10) pages in length.
Each side is limited to five (5) motions in limine unless the Court grants leave to file additional motions.
Memoranda of points and authorities in support of or in opposition to motions (besides motions in limine) shall not exceed 7000 words. Replies shall not exceed twelve (12) pages.
- Motion
- Up to 7,000 words
- Reply
- Up to 12 pages
The joint statement should be brief and neutral and should not be more than one page in length.
- Page limit
- Up to 1 page
Document Format Requirements18 rules
Attachments must be filed as separately docketed entries with descriptions.
Court's wording
If a filed or lodged document has declarations, exhibits, or other attachments, each attachment must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration, 29-2 Ex. 1 - License Agreement, 29-3 Request for Judicial Notice). The Court may strike or decline to consider motions, stipulations, or other documents with attachments that are not filed in accordance with this Order.
Proposed orders must use court template, be on pleading paper, and avoid attorney info, footers, and watermarks.
Court's wording
Use the “Proposed Order” template located on the Court’s website under “Orders & Additional Documents” at the bottom of the webpage. (http://www.cacd.uscourts.gov/honorable-sherilyn-peace-garnett). Failure to do so may result in the striking of the request. Proposed orders must be on pleading paper. Proposed orders should NOT contain any of the following: (1) attorney names, addresses, etc. on the caption page; (2) a footer with the document name or other information; or (3) a watermark or designation of the firm name. Proposed orders should be formatted in the same fashion as motions. See infra paragraph G.4.
Courier font must be no less than twelve (12) point. Footnotes shall be in the same font and the same size as the text in the body of the document.
- Font size
- 12 points
Format of filings. Pursuant to Local Civil Rule 11-3.1.1, either a proportionally spaced or monospaced face may be used. Typeface shall comply with Local
No Blanks or Bracketed Language. Counsel should not leave blanks or inapplicable bracketed text in any instruction. It is counsel’s duty to conform the instructions to the case (e.g., inserting names of defendant(s) or witness(es) to whom the instruction applies and selecting the appropriate bracketed text, but not changing the standard language of the instruction). Where language appears in brackets in the model instruction, counsel must select the appropriate text and eliminate the inapplicable bracketed text.
Formatting
- •Counsel must customize instructions to case
- •Standard language must not be changed
All documents must be converted to searchable PDF with selectable text.
- File type
Formatting
- •Text must be selectable, copyable, and pasteable
Court's wording
Counsel must follow the Local Rules and General Orders concerning electronic filing, unless superseded by this Order. Counsel shall adhere to Local Civil Rule 5-4.3 with respect to the conversion of all documents to .pdf so that when a document is e-filed, it is in the proper size and is .pdf searchable. Further, all documents shall be filed in a format so that text can be selected, copied, and pasted directly from the document. See Local Civil Rule 5-4.3.1.
Footnotes shall be in the same font and the same size as the body of the memorandum.
Formatting
- •Footnotes must be in same font and size as body text
Documents must be filed as searchable PDF with selectable text.
- File type
Formatting
- •PDF must be proper size and searchable
- •Text must be selectable, copyable, and pastable
Court's wording
Counsel shall adhere to Local Rule 5-4.3 with respect to the conversion of all documents to .pdf format so that when a document is electronically filed, it is in proper size and is .pdf searchable. Further, all documents shall be filed in a format so that text can be selected, copied, and pasted directly from the document.
Times New Roman font must be no less than 14 point; Courier font must be no less than 12 point.
- Font
- Times New Roman
- Font size
- At least 14 points
Courier font must be no less than 12 point.
- Font size
- At least 12 points
Format. Each requested instruction shall (i), if possible, be in Times New Roman font, font size 14, with each line of text spaced to line up with the numbering on the left side of the jury instruction template; (ii) start with the heading “COURTS INSTRUCTION NO.” followed by the number of the instruction all centered on the page and on line 1 of the numbered template paper; (iii) beginning on line 3 of the numbered template paper, set forth in full the proposed instruction; (iv) cite the authority or source of the instruction beginning approximately four lines below the requested instruction; (v) with each instruction appearing on a separate page; (vi) cover only one subject or principle of law; and (vii) not repeat principles of law contained in any other requested instruction.
- Font
- Times New Roman
- Font size
- 14 points
- Jury instructions
Each party is limited to the use of a total of eight (8) footnotes.
Formatting
- •Maximum 8 footnotes per party
Times New Roman 14pt or Courier 12pt required; footnotes same font and size as body; proportionally spaced or monospaced face allowed per Local Rule 11-3.1.1.
Court's wording
Times New Roman font must be no less than 14 point; Courier font must be no less than 12 point. Footnotes shall be in the same font and the same size as the body of the memorandum. Pursuant to Local Rule 11-3.1.1, either a proportionally spaced or monospaced face may be used. Typeface shall comply with Local Rule 11-3.1.1.
Documents must be filed as searchable PDF with selectable, copyable text.
- File type
Formatting
- •Text must be selectable, copyable, and pastable
Court's wording
Counsel shall adhere to Local Rule 5-4.3 with respect to the conversion of all documents to .pdf format so that when a document is electronically filed, it is in proper size and is .pdf searchable. Further, all documents shall be filed in a format so that text can be selected, copied, and pasted directly from the document.
Joint Appendix of Facts must be in a four-column table format with specific content requirements for each column.
- Joint appendix of facts
Formatting
- •Table must contain four columns
Court's wording
The Joint Brief shall be accompanied by a single statement of undisputed and disputed facts contained in a Joint Appendix of Facts (JAF) presented in a table format. The JAF table shall contain four columns. (a) Column No. 1. The first (far left) column shall contain the number of the fact alleged to be undisputed. ... (b) Column No. 2. The second column shall contain a plain statement of the fact. ... (c) Column No. 3. The third column shall contain a citation to admissible evidence ... (d) Column No. 4. The fourth column shall contain the opposing party's response to the fact alleged to be undisputed: ...
a separate, tabbed appendix of all evidence
Formatting
- •Tabbed
The JAE shall be filed as a single, combined PDF; more than one PDF may be filed if file-size constraints preclude filing the single PDF.
- File type
Formatting
- •Single PDF preferred, multiple allowed if file-size constraints
To facilitate communication with the CRD, counsel should list their email addresses along with their telephone numbers on all papers.
Formatting
- •Include email address and telephone number on all papers
Document Filing Requirements99 rules
Lead trial counsel shall attend all proceedings set by this Court, including scheduling, settlement, and pretrial conferences, as well as trials.
Each motion or opposition must include a proposed order with rationale and citations.
- Document
- Motion
Must include
- •Proposed order
Court's wording
Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations.
The notice of motion must include a compliance statement confirming the meet and confer occurred by videoconference or in person.
- Document
- Notice of motion
Must include
- •Local rule certificate
Court's wording
The moving party must include in the signed notice of motion a truthful representation of full compliance with Local Rule 7-3, stating that the parties “thoroughly discussed the substance and potential resolution of the filed motion [by videoconference or in person].”
Motions to amend must include specific content and be filed with a Notice of Lodging and redlined version.
Court's wording
Motions to Amend: In addition to the requirements of Local Rule 15-1, all motions to amend pleadings shall: (1) state the effect of the amendment; (2) be serially numbered to differentiate the amendment from previous amendments; and (3) state the page and line number(s) and wording of any proposed change or addition of material. Counsel shall electronically file a "Notice of Lodging" attaching the proposed amended pleading as a document separate from the motion, as well as a "redlined" version of the proposed amended pleading identifying all additions and deletions of material as an appendix to the moving papers.
Motions for attorneys' fees must include two detailed tables of hours and rates, and courtesy copies of the tables must be emailed in editable Excel format to chambers.
Court's wording
Motions for attorneys’ fees shall be electronically filed and set for hearing according to Local Rule 6-1 and this Order. Any motion or request for attorneys’ fees shall attach two summaries, in table form, of the hours worked by and billing rate of each attorney with title (e.g., partner, counsel, associate, etc.). The first table shall include a summary of the hours worked by each attorney, organized by task (e.g., discovery, motion to dismiss, motion for summary judgment). The second table shall include a summary of the hours worked by each attorney, organized by attorney. Both tables shall list all the tasks on which the attorney worked, the hours worked on each task, and the hourly rate of each attorney. If the hourly rate charged by any individual attorney changed while the action was ongoing, the party shall provide separate calculations for the total number of hours the attorney spent in connection with each task at each hourly rate. All tables shall be attached to the motion and electronically filed. The courtesy copies of the tables shall be prepared in Excel, have all restrictions removed so the spreadsheets can be edited, and be emailed to the Court’s chambers email address at SPG_Chambers@cacd.uscourts.gov.
If plaintiff has not already served the operative complaint on all defendants, plaintiff shall do so promptly and shall file proofs of service of the summons and complaint within three (3) days thereafter. See Fed. R. Civ. P. 4; Local Rule 4.
- Document
- Proof of service
Must include
- •Certificate of service
Defendants also shall timely serve and file their responsive pleadings (if not previously done) and comply the requirements of Local Rule 5-3.2.
Counsel must provide this Order to all parties who haven't appeared.
Court's wording
Notice to be Provided by Counsel. Plaintiff’s counsel or, if plaintiff is a Pro Se Litigant, defendant’s counsel, shall provide this Order to all known parties who have not yet appeared or who appear after the date of this Order.
Pro Se Litigants must comply with all rules and attend scheduling conference.
Court's wording
Order Applies to Pro Se Litigants. “Counsel,” as used in this Order, includes parties who have elected to appear without counsel and are representing themselves in this litigation (hereinafter referred to as “Pro Se Litigants”). Pro Se Litigants must comply with this Order, the Federal Rules of Civil Procedure, and the Local Rules. See L.R. 1-3, 83-2.2.3. Pro Se Litigants are required to participate in the scheduling conference.
Parties must make initial disclosures and confer on discovery plan 21 days before scheduling conference.
Court's wording
Compliance with Fed. R. Civ. P. 26. The scheduling conference will be held pursuant to Fed. R. Civ. P. Rule 16(b). The parties are reminded of their obligations to (i) make initial disclosures “without awaiting a discovery request” (Fed. R. Civ. P. 26(a)(1)) and (ii) confer on a discovery plan at least twenty-one (21) days before the scheduling conference (Fed. R. Civ. P. 26(f)).
Lead trial counsel and unrepresented parties must attend scheduling conference unless excused.
Court's wording
Participation of Lead Trial Counsel and Unrepresented Parties. Lead trial counsel and any unrepresented parties must attend the scheduling conference, unless excused by the Court for good cause prior to the conference.
Under the title, it shall list the dates of the (1) Original Complaint; (2) Removal (if removed); (3) Responsive Pleading; (4) and Trial (Proposed).
Class certification motion timing: 4 weeks for opposition, 2 weeks for reply, 3 weeks before hearing.
Court's wording
For a putative class action, the Court will set a deadline for hearing the class certification motion. The motion must be filed sufficiently far in advance of the deadline to allow for: (1) at least three weeks between the filing of the reply and the hearing; (2) four weeks for the opposition; and (3) two weeks for the reply.
Joint Rule 26(f) Report must list parties, witnesses, documents, and corporate relationships.
Court's wording
Parties, Evidence, etc. A list of parties, percipient witnesses, and key documents on the main issues in the case. For conflict purposes, corporate parties must identify all subsidiaries, parents, and affiliates.
Additional time for class certification requires detailed plan as exhibit.
Court's wording
Any request for additional time beyond the 120 days must be supported by a detailed “Class Certification Plan”—attached as an exhibit at the end of the Report— showing all anticipated activity and the corresponding date for each activity, up to the hearing on the motion.
Damages. The realistic range of provable damages.
Legal Issues. A brief description of all key legal issues, including any significant procedural, substantive, or evidentiary issues.
The Joint Rule 26(f) Report shall specify the date of the Mandatory Scheduling Conference on the caption page.
- Document
- Joint Rule 26(f) report
- Placement
- Caption
Procedural Motions. A statement of the likelihood of motions seeking to add other parties or claims, file amended pleadings, transfer venue, or challenge the court’s jurisdiction.
Joint Rule 26(f) Report must include detailed subject matter jurisdiction analysis.
Court's wording
Subject Matter Jurisdiction: A statement of the specific basis of federal jurisdiction, including supplemental jurisdiction. For federal question jurisdiction, cite the federal law under which the claim arises. For diversity jurisdiction, state each party’s citizenship and the amount in controversy.
Manual for Complex Litigation: Whether all or part of the procedures of the Manual for Complex Litigation should be utilized.
the motion must be filed not later than 120 days from the date originally set for the scheduling conference, unless the Court orders otherwise.
Dispositive Motions. A description of the issues or claims that any party believes may be determined by motion to dismiss or motion for summary judgment.
The Joint Rule 26(f) Report must be filed not later than fourteen (14) days before the scheduling conference.
To illustrate a cross motion for summary judgment, the following suggested organization is provided: Table of Contents Table of Authorities I. Introduction II. Statement of Facts A. Moving Party's Statement of Facts B. Opposing Party's Statement of Facts III. Summary Judgment Standard IV. Defendant's Motion for Summary Judgment A. Defendant's Argument 1: 1. Summary Judgment Should be Granted on Plaintiff's Breach of Contract Claim because . . . . 2. Opposing Party's Response B. Defendant's Argument 2: 1. Summary Judgment Should be Granted on Plaintiff's Tort Claim because . . . . 2. Opposing Party's Response V. Plaintiff's Motion for Summary Judgment A. Plaintiff's Argument 1: 1. Summary Judgment Should be Granted on Plaintiff's employment claim because . . . 2. Opposing party's Response VI. Conclusion A. Plaintiff's Motion 1. Plaintiff's Conclusion 2. Defendant's Conclusion B. Defendant's Motion 1. Defendant's Conclusion 2. Plaintiff's Conclusion
Should include
- •Table of contents
- •Statement of facts
- •Table of authorities
The Joint Brief shall be accompanied by a Notice of Motion and Motion for Summary Judgment and shall be calendared pursuant to the Local Rules on an available date within the motion hearing cutoff.
If any party has an objection to evidence that is claim- or case-dispositive, the party must state the objection in the appropriate section of the Joint Brief.
No later than one (1) week before the Final Pretrial Conference, the government shall file and email the documents described below in Microsoft Word format to SPG_Chambers@cacd.uscourts.gov:
Parties must submit 3 binders: 1 original for jury, 2 copies for Court.
- Document
- Trial procedure
Must include
- •Copies for court
Court's wording
The parties must submit to the court three binders: (1) one binder containing the original set of trial exhibits; and (2) two binders containing copies of the trial exhibits. The original set of exhibits will be for use by the jury during its deliberations, and the copies are for the Court.
Every page of a multi-page exhibit must be numbered.
Exhibits cannot be shown to jurors before admission; electronic display allowed after admission.
Court's wording
The Court does not permit exhibits to be “published” to the jurors before they are admitted into evidence. Once admitted, exhibits may be displayed electronically using the equipment and screens in the courtroom.
The spine of each binder shall indicate the name of the case, case number, exhibit volume number, and the range of exhibit numbers included in the volume.
Any material submitted for a hearing on an alleged or adjudicated violation of supervision shall be filed, when possible, seven (7) days before the hearing, and otherwise no later than two (2) court days before the hearing, absent a showing of good cause set forth in a supporting declaration and court approval.
The parties must continue to meet and confer on all issues that arise during trial. The Court will not rule on any such issue unless the parties have attempted to resolve it first.
Docket items only for relevant defendants; seal/in camera filings require special envelope labeling.
- Document
- Filing
Must include
- •Caption
Court's wording
Docketing. All parties shall docket items only as to the particular defendant(s) to whom the item pertains, rather than all defendants, unless the item pertains to all. Except for documents filed under seal or in camera, every document shall be filed electronically in such a way that it is clear from the docketing entry to which defendant(s) it applies. The outer envelope containing any document filed under seal or in camera should identify the case title by the first-listed defendant and case number only and should state that the document is being filed under seal or in camera.
Sentencing videos must be justified, under 10 minutes, with transcript provided 21 days before hearing.
Court's wording
Before considering any sentencing video, the Court requires counsel to justify its submission, limit the video to less than ten (10) minutes, create a transcript, and provide the video and transcript to opposing counsel at least twenty-one (21) days before the hearing.
The parties must review the exhibit list and exhibit binders with the Courtroom Deputy Clerk before the admitted exhibits will be given to the jury.
Defendant’s exhibit numbers shall not duplicate Plaintiff’s numbers.
First day trial schedule: 8:30 a.m. to 4:30 p.m. with breaks; parties must appear at 8:30 a.m.
Court's wording
The schedule for the first day of trial is typically 8:30 a.m. to 4:30 p.m. with two 15-minute breaks and a one-hour lunch break. The parties must appear at 8:30 a.m. to discuss preliminary matters with the Court.
Counsel are required to seek to admit any items of evidence whose admissibility has not yet been stipulated to while the witness authenticating the exhibit is on the stand, so that any issues or concerns that arise may be addressed immediately.
Government must provide 3 copies of indictment, witness list, exhibit list, and 3 binders on first day of trial.
- Document
- Trial procedure
Must include
- •Exhibit list
- •Witness list
- •Indictment information
Court's wording
The government must present the following materials to the Courtroom Deputy Clerk on the first day of trial: Three (3) copies of the indictment/information; Three (3) copies of the government’s witness list; Three (3) copies of the government’s exhibit list; and The three binders described below, with one (1) original set of trial exhibits for the jury, and two (2) copies of trial exhibits for the Court.
Objections must state only legal grounds, no speaking objections or speeches before jury.
- Document
- Objections
Must include
- •Legal grounds only
Court's wording
Counsel must not make so-called “speaking objections” before the jury or otherwise make speeches, restate testimony, or attempt to guide a witness. Instead, when objecting, counsel must rise and state only the legal grounds for the objection (e.g., “Objection, hearsay”).
All exhibits placed in three-ring binders must be indexed by exhibit number with tabs or dividers on the right side.
Must include
- •Tabs dividers on right
- •Indexed by exhibit number
Filing & Service rules
Electronic Filing Rules
Answers filed in state court must be refiled in federal court as a supplement to the Notice of Removal.
Any Answers filed in state court must be refiled in this Court as a supplement to the Notice of Removal.
Civil cases
Page 4 | Removed Actions
Counsel must e-file all filings.
counsel shall electronically file (“e-file”) all filings.
Civil cases
Page 5 | C. FILING REQUIREMENTS
Moving party's counsel must electronically file the Joint Brief and appendices.
Once finalized, the moving party's counsel shall sign and electronically file the Joint Brief, Joint Appendix of Facts, and Joint Appendix of Evidence
Civil cases
Page 7 | 2
Pro se litigants may use EDSS for electronic filing instead of paper.
Pro Se Litigants may submit documents for filing through the Court’s Electronic Document Submission System (EDSS) instead of mailing or bringing documents to the Clerk’s Office. Only internet access and an email address are required. Documents are submitted in PDF format through an online portal on the Court’s website.
Civil cases
Page 5 | C. FILING REQUIREMENTS
Filing Timing and Cure Windows
Form pleadings from state court must be replaced with a revised pleading within 30 days of removal that complies with FRCP 7, 7.1, 8, 9, 10, and 11.
If an action removed to this Court contains a form pleading, i.e., a pleading in which boxes are checked, the party or parties that filed the form pleading must file in this Court within thirty (30) days of receipt of the Notice of Removal a revised pleading that complies with Fed. R. Civ. P. 7, 7.1, 8, 9, 10 and 11.
Civil cases
Page 4 | Removed Actions
Motions for review of a Magistrate Judge's decision must be filed within 14 days of service of the written ruling or oral ruling.
Any motion for review of a Magistrate Judge’s decision must be noticed before the District Court Judge within fourteen (14) days of service of the Magistrate Judge’s written ruling, or within fourteen (14) days of an oral ruling that the Magistrate Judge states will not be followed by a written ruling.
Civil cases
Page 9 | Limited District Court Review of Discovery Matters
Daubert motions must be noticed at least 8 weeks before the Final Pretrial Conference.
Daubert Motions: Daubert motions shall be noticed for hearing not later than eight (8) weeks before the Final Pretrial Conference date.
Civil cases
Page 13 | Daubert Motions
Request for hearing on PLRA exhaustion must be filed within 14 days of order denying summary judgment; failure may waive the issue.
A party seeking to obtain a judicial determination of any material fact dispute precluding summary judgment on the exhaustion issue must file before this Court a request for a hearing within fourteen (14) days of the filing of the order denying summary judgment. The failure to file a timely request may be construed as a waiver of the exhaustion issue.
Civil cases
Page 15
Class certification motion must be filed within 120 days of initial scheduling conference date.
A motion for class certification must be filed not later than 120 days from the date initially set for the scheduling conference, unless the Court orders otherwise.
Civil cases
Page 18 | K. OTHER MATTERS - 1. Class Actions
Opposition must be filed at least 3 weeks before the hearing.
Opposition due at least 3 weeks before hearing;
Civil cases
Page 1 | Last Date to Hear Motions
Trial Filings (second round) • Oppositions to Motions in Limine • Joint Proposed Final Pretrial Conference Order [L.R. 16-7] • Joint/Agreed Proposed Jury Instructions (jury trial only) • Disputed Proposed Jury Instructions (jury trial only) • Joint Proposed Verdict Forms (jury trial only) • Joint Proposed Statement of the Case (jury trial only) • Proposed Additional Voir Dire Questions, if any (jury trial only) • Evidentiary Objections to Declarations. of Direct Testimony (court trial only) 2
Trial Filings (second round) • Oppositions to Motions in Limine • Joint Proposed Final Pretrial Conference Order [L.R. 16-7] • Joint/Agreed Proposed Jury Instructions (jury trial only) • Disputed Proposed Jury Instructions (jury trial only) • Joint Proposed Verdict Forms (jury trial only) • Joint Proposed Statement of the Case (jury trial only) • Proposed Additional Voir Dire Questions, if any (jury trial only) • Evidentiary Objections to Declarations. of Direct Testimony (court trial only) 2
Civil cases
Page 1 | Trial Filings (second round)
Reply must be filed at least 2 weeks before the hearing.
Reply due at least 2 weeks before hearing.
Civil cases
Page 1 | Last Date to Hear Motions
Motions must be filed at least 4 weeks before the hearing.
Motions due at least 4 weeks before hearing;
Civil cases
Page 1 | Last Date to Hear Motions
Trial Filings (first round) • Motions In Limine (except Daubert) • Memoranda of Contentions of Fact and Law [L.R. 16-4] • Witness Lists [L.R. 16-5] • Joint Exhibit List [L.R. 16-6.1] • Joint Status Report Regarding Settlement • Proposed Findings of Fact and Conclusions of Law [L.R. 52] (court trial only) • Declarations containing Direct Testimony, if ordered (court trial only) 4
Trial Filings (first round) • Motions In Limine (except Daubert) • Memoranda of Contentions of Fact and Law [L.R. 16-4] • Witness Lists [L.R. 16-5] • Joint Exhibit List [L.R. 16-6.1] • Joint Status Report Regarding Settlement • Proposed Findings of Fact and Conclusions of Law [L.R. 52] (court trial only) • Declarations containing Direct Testimony, if ordered (court trial only) 4
Civil cases
Page 1 | Trial Filings (first round)
Moving party must finalize and file the joint brief after receiving the integrated version from the opposing party.
After receiving the integrated version of the motion and related papers, the moving party shall finalize it for filing without making any
Civil cases
Page 6 | 2. Briefing Schedule
Joint Brief must be filed within 4 days of receiving opposing party's signed copy and at least 28 days before motion hearing cutoff.
Once finalized, the moving party's counsel shall sign and electronically file the Joint Brief, Joint Appendix of Facts, and Joint Appendix of Evidence no later than four (4) days after receiving the opposing party's signed copy. Thus, the Joint Brief must be filed at least twenty-eight (28) days before the motion hearing cutoff set forth in the case management order and in accordance with the requirements of Local Rule 6-1.
Civil cases
Page 7 | 2
If the JAF is too long, the Court may strike it and require refiling within 2 business days.
If the Court determines that the JAF is unjustifiably long or unwieldy, the Court may strike the JAF and require the parties to refile it (and any document citing it) within two (2) business days.
Civil cases
Page 9 | Joint Appendix of Facts
Counsel must notify the Court at least 14 days before the hearing if settlement discussions may moot the motion, and immediately if settlement is reached.
Counsel must notify the Court at least two weeks before the scheduled hearing if the parties are conducting settlement discussions that may render the motion moot and must notify the Court immediately if a settlement is reached.
Civil cases
Page 11 | F. HEARING - 4. Settlement
ERISA court trial will be scheduled within 6 months of complaint filing unless good cause shown.
A court trial, ordinarily limited to oral argument on the administrative record, will be scheduled within six (6) months from the filing of the original complaint, unless good cause for additional time is shown in the status report.
Civil cases
Page 18 | K. OTHER MATTERS - 2. ERISA Cases (Benefits Claims)
Court generally will not rule on TRO applications for at least 48 hours (or two court days) after service, unless true emergency.
Unless the application presents a true emergency, the Court generally will not rule on the application for relief for at least forty-eight (48) hours (or two court days) after the party subject to the requested order has been served.
Civil cases
Page 18 | Ex Parte Applications for TROs
A proposed joint general or special verdict form must be filed 14 days before the Final Pretrial Conference.
The parties shall file a proposed joint general or special verdict form fourteen (14) days before the FPTC.
Civil cases
Page 11
The Joint Statement of the Case must be filed 14 days before the Final Pretrial Conference.
The parties must file a Joint Statement of the Case fourteen (14) days before the FPTC for the Court to read to the prospective jurors before commencement of voir dire.
Civil cases
Page 12
Proposed Findings of Fact and Conclusions of Law must be filed and served on the opposing party no later than 28 days before the Final Pretrial Conference.
For any trial requiring findings of fact and conclusions of law, each party shall file and serve on the opposing party, no later than twenty-eight (28) days before the FPTC, its Proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3.
Civil cases
Page 12
When ordered by the Court in a particular case, each party shall, at least twenty-eight (28) days
When ordered by the Court in a particular case, each party shall, at least twenty-eight (28) days
Civil cases
Page 12
An amended complaint filed within 30 days of removal to replace a form complaint is deemed filed with the court's leave under FRCP 15(a)(2).
An amended complaint filed within 30 days after removal to replace a form complaint pursuant to this instruction shall be deemed an amended complaint with “the court’s leave” pursuant to Fed. R. Civ. P. 15(a)(2).
Civil cases
Page 4 | Removed Actions
Bankruptcy appeal is deemed under submission when appellant's reply brief is filed.
The matter is deemed under submission on the filing of the appellant’s reply brief.
Civil cases
Page 18 | K. OTHER MATTERS - 3. Bankruptcy Appeals
If parties choose to file proposed case-specific voir dire questions, they must do so at least 14 days before the Final Pretrial Conference.
The parties may, but are not required to, file any proposed case-specific voir dire questions for the Court’s consideration at least fourteen (14) days before the FPTC.
Civil cases
Page 12
Service and Proof of Service Rules
Any Defendant(s), including “DOE” or fictitiously-named Defendant(s), not served within 90 days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m) and by operation of this Order without further notice, unless plaintiff requests and justifies the need for additional time in the joint report and the Court grants an extension.
Any Defendant(s), including “DOE” or fictitiously-named Defendant(s), not served within 90 days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m) and by operation of this Order without further notice, unless plaintiff requests and justifies the need for additional time in the joint report and the Court grants an extension.
Civil cases
Page 4 | Service of the Complaint
Plaintiff must promptly serve the complaint per FRCP 4 and file proof of service per FRCP 4(l).
The Plaintiff(s) shall promptly serve the Complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Fed R. Civ. P. 4(l).
Civil cases
Page 4 | Service of the Complaint
Plaintiff must identify and serve Doe defendants before the scheduling conference deadline.
Plaintiff must identify and serve any fictitiously named or “Doe” defendant(s) before the deadline set forth in the Court’s Order Setting Scheduling Conference.
Civil cases
Page 4 | Status of Fictitiously Named Defendants
TRO applications must be served by email, fax, or personal service with notice of opposition deadline of 48 hours or 3:00 p.m. next court day, whichever is later.
The moving party must serve the opposing party by email, fax, or personal service, and notify that party that opposing papers must be filed not later than forty-eight (48) hours following service or by 3:00 p.m. on the first court day after the service, whichever is later, or certify pursuant to Rule 65 and Local Rule 65-1 the efforts made to give notice and reasons why it should not be required under the circumstances.
Civil cases
Page 17 | Ex Parte Applications for TROs
Opposing party must serve the integrated joint brief and appendices on the moving party within 14 days after receiving the moving party's papers.
No later than fourteen (14) days after receiving the moving party’s papers, the opposing party shall personally deliver or email to the moving party an electronic copy of the integrated motion, which shall include the opposing party’s portion of the Joint Brief, Joint Appendix of Facts, and Joint Appendix of Evidence.
Civil cases
Page 6 | 2. Briefing Schedule
Moving party must serve its portion of the joint brief and appendices on the opposing party within 14 days after the meet and confer.
No later than fourteen (14) days after the meet and confer, the moving party shall personally deliver or email to the opposing party an electronic copy of the moving party's portion of the Joint Brief, together with the moving party's portion of the Joint Appendix of Facts and Joint Appendix of Evidence, see below.
Civil cases
Page 6 | 2. Briefing Schedule
Courtesy Copy Requirements
One mandatory chambers copy required for MSJ, delivered to chambers copy box by noon next business day, printed from CM/ECF with header and NEF.
The parties must provide one (1) Mandatory Chambers Copy only of Motions for Summary Judgment filings. ... All Mandatory Chambers Copies must be delivered to Judge Garnett’s chambers copy box, which is located outside of the Clerk’s Office on the 4th floor of the courthouse. Mandatory Chambers Copies must be delivered no later than 12:00 p.m. (noon) the following business day after the document is electronically filed. “Mandatory chambers copies must be printed from CM/ECF and must include: (1) the CM/ECF-generated header (consisting of the case number, document control number, date of filing, page number, etc.) at the top of each page; and (2) the NEF [notice of electronic filing] (see L.R. 5-
Civil cases
Page 6 | C. FILING REQUIREMENTS
Mandatory chambers copies of TRO-related documents must be provided on the same day filed; application not considered until copy is provided.
For TROs, the parties must provide Mandatory Chambers Copies of TRO-related documents on the same day they are filed. The application will not be considered until a Mandatory Chambers Copy has been provided.
Civil cases
Page 17 | Ex Parte Applications for TROs
Parties should submit one paper copies of all MSJ filings to Judge Garnett’s mailbox on the Fourth Floor of the First Street Courthouse. Pro Se Litigants are exempt from this requirement.
Parties should submit one paper copies of all MSJ filings to Judge Garnett’s mailbox on the Fourth Floor of the First Street Courthouse. Pro Se Litigants are exempt from this requirement.
Civil cases
Page 4 | 8. Mandatory Chambers Copies
Government must deliver mandatory chambers copy to Judge Garnett's mailbox by 5:00 p.m. on first court day after filing.
The government must provide a Mandatory Chambers Copy of each document delivered to Judge Garnett’s mailbox outside the Clerk’s Office on the Fourth Floor of the First Street Courthouse no later than 5:00 p.m. on the first court day after the filing date.
Criminal cases
Page 10 | III. FINAL PRETRIAL CONFERENCE
Mandatory chambers copies required for motions, sentencing papers, and trial documents; must be delivered by 5pm next court day.
Mandatory paper Chambers copies of all e-filed motions, sentencing position papers, and trial documents must be delivered to Judge Garnett’s mailbox outside the Clerk’s Office on the Fourth Floor of the First Street Courthouse, no later than 5:00 p.m. on the first court day after the filing date, or on the same day if priority processing is requested. Exhibits, declarations, etc. to chambers copies must be tabbed, where applicable. Mandatory Chambers Copies need NOT be blue-backed.
Criminal cases
Do not send paper copies of documents other than MSJ unless requested.
Please do not send paper copies of any other documents unless requested by the Court.
Civil cases
Page 6 | C. FILING REQUIREMENTS
For evidence over 200 pages, mandatory chambers copy must be in a Slant D-Ring binder (max 4 inches) with cover sheet and spine label.
If the evidence exceeds 200 pages, the table of contents and evidence must be placed in a Slant D-Ring binder. Binders should be no larger than 4 inches. Binders must have both a cover sheet and a spine label that includes the case name, case number, and a description of the contents.
Civil cases
Page 7 | Mandatory Chambers Copy Exhibits
Exhibits in mandatory chambers copies must be tabbed; if over 50 pages, include a table of contents and use a tabbed binder with three-hole punched documents; if over 200 pages, use a Slant D-Ring binder (max 4 inches) with cover sheet and spine label.
All exhibits should be separated by a tab divider on the right or bottom of the document. If the evidence exceeds 50 pages, the Mandatory Chambers Copy must: (1) include a table of contents; and (2) be in a tabbed binder with each exhibit separated by a tab divider on the right or the bottom. All documents in the binder must be three-hole punched, preferably with a larger hole size (13/32”), rather than the standard hole size (9/32”), to facilitate ease of review. If the evidence exceeds 200 pages, the table of contents and evidence must be placed in a Slant D-Ring binder. Binders should be no larger than 4 inches. Binders must have both a cover sheet and a spine label that includes the case name, case number, and a description of the contents.
Civil cases
Page 7 | Mandatory Chambers Copy Exhibits
Mandatory chambers copies must not be bluebacked and must not be left in envelopes or folders.
Mandatory Chambers Copies need not be bluebacked. For security reasons, do not leave chambers copies in envelopes or folders.
Civil cases
Page 7 | Mandatory Chambers Copies
Counsel must provide chambers copies of moving papers and responses to the Magistrate Judge.
Counsel shall provide the Magistrate Judge chambers copies of the moving papers and responses.
Civil cases
Page 9 | Limited District Court Review of Discovery Matters
Courtesy copies of fee tables must be emailed in editable Excel format to chambers.
The courtesy copies of the tables shall be prepared in Excel, have all restrictions removed so the spreadsheets can be edited, and be emailed to the Court’s chambers email address at SPG_Chambers@cacd.uscourts.gov.
Civil cases
Page 14 | Motions for Attorneys’ Fees
Sealing & Redaction Procedures
Parties should file a redacted version publicly and an unredacted version under seal, redacting only Court-ordered portions.
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 a reasonable amount of effort. The parties should file an unredacted version of the document under seal, and a redacted version for public viewing, omitting only the portions that the Court has ordered may be filed under seal.
Civil cases
Page 7 | Redacted Version and Unredacted Version
Sealing applications must comply with Local Rule 79-5 and provide factual/legal justification for each document, establishing good cause or compelling reasons.
Local Rule 79-5 governs applications to file under seal. Parties must comply with all sections of Local Rule 79-5. There is a "strong presumption of access to court records" in civil cases. For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification...that establishes "good cause" or "compelling reasons" for the document's protection.
Civil cases
Page 7 | Filings Under Seal
Sealing must be justified per document; blanket claims will be denied; parties must meet and confer before filing a sealing application.
Sealing must be justified for each individual confidential matter; blanket claims of confidentiality will result in the application to seal being denied. Counsel is strongly encouraged to consider carefully whether sealing or redaction is required for a given piece of evidence or argument. An application to seal that includes clearly meritless requests to seal or redact documents may be denied in its entirety. The parties must also meet and confer before filing an application to seal.
Civil cases
Page 8 | Justification
Sealed sentencing documents require redacted version with justification for each deletion.
When necessary, a sentencing document may be filed under seal along with a redacted version that deletes the confidential information and that justifies each deletion (e.g., “medical information”).
Criminal cases
Sentencing documents generally cannot be filed under seal.
The Court does not permit sentencing documents to be filed under seal except as strictly necessary and justified.
Criminal cases
Filing Bundling Requirements
Only one joint MSJ motion permitted without leave of court.
No more than one joint motion may be filed under Federal Rule of Civil Procedure 56 without leave of court, regardless of whether such motion is denominated a motion for summary judgment or summary adjudication.
Civil cases
Page 2 | A. GENERAL REQUIREMENTS
Parties must file a single joint brief for all summary judgment motions, with a designated moving party; modifications to pre-filing deadlines allowed by agreement if timely filed.
The parties shall work cooperatively to submit a single joint brief for all MSJs brought by all moving parties. If multiple parties are moving for summary judgment, the parties should designate only one party as “the moving party” for purposes of the briefing schedule. The Court expects the parties to work together professionally and agree on which party should be designated the moving party. If the parties are unable to agree, the defendant(s) shall be deemed the moving party. The parties may agree to modify the pre-filing deadlines in the briefing schedule without leave of Court only if (1) all parties agree to the modifications and (2) the MSJ is timely filed under the case management order. A party’s failure to work cooperatively to produce a joint brief could result in the imposition of sanctions.
Civil cases
Page 2 | A. GENERAL REQUIREMENTS
No additional briefing or filings beyond the Joint Brief and reply memorandum are permitted.
No additional briefing or filing in support of or in opposition to the MSJ is permitted.
Civil cases
Page 7 | 2(e)
The Joint Brief must be accompanied by a separate, tabbed Joint Appendix of Evidence.
The Joint Brief shall be accompanied by a Joint Appendix of Evidence (JAE)— i.e., a separate, tabbed appendix of all evidence in support of or opposition to the MSJ, including declarations, deposition excerpts, documents, photographs, etc.
Civil cases
Page 10 | Joint Appendix of Evidence
The worksheet must be filed jointly with the Joint Rule 26(f) Report.
Please complete this worksheet jointly and file it with your Joint Rule 26(f) Report.
Civil cases
Page 1 | SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET
Physical evidence must be lodged separately from the JAE.
Physical evidence (e.g., video recordings) shall be lodged separately.
Civil cases
Page 10 | Joint Appendix of Evidence
Evidence must be included only in the JAE, not attached to memoranda.
No evidence should be attached to a memorandum of points and authorities or included anywhere other than in the JAE.
Civil cases
Page 10 | Joint Appendix of Evidence
Pre-Motion Conference Requirements
Pending motions from state court must be re-noticed per Local Rule 7.
Any pending motions must be re-noticed in accordance with Local Rule 7.
Civil cases
Page 4 | Removed Actions
Pre-filing meet and confer is required for all motions, including those involving pro se litigants.
The Court strictly enforces Local Rule 7-3, which requires counsel to engage in a prefiling conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” This requirement applies in all cases, including those with Pro Se Litigants.
Civil cases
Page 10 | Local Rule 7-3 Pre-Filing Meet and Confer Requirement
Meet and confer must be conducted by videoconference or in person; email is insufficient.
Parties must meet and confer either by videoconference or in person. Email correspondence is insufficient.
Civil cases
Page 10 | Local Rule 7-3 Pre-Filing Meet and Confer Requirement
Moving party must arrange a meet and confer at least 60 days before the MSJ hearing cutoff.
For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) days before the motion hearing cutoff set forth in the case management order. The parties shall thoroughly discuss each issue to be raised and the law and evidence relevant to that issue.
Civil cases
Page 2 | A. GENERAL REQUIREMENTS
Moving party must arrange a meet and confer at least 60 calendar days before the motion hearing cutoff.
For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) calendar days before the motion hearing cutoff set forth in the case management order.
Civil cases
Page 6 | 2. Briefing Schedule
Motions (except in limine) briefing schedule: motions 5 weeks, oppositions 3 weeks, replies 2 weeks before hearing.
For all motions, other than motions in limine, the briefing schedule is as follows: motions shall be filed five (5) weeks prior to the hearing; oppositions or notices of non-opposition shall be filed three (3) weeks prior to the hearing; and replies, if any, shall be filed two (2) weeks prior to the hearing.
Criminal cases
If consent to substitute a Doe defendant is denied, plaintiff must file a regularly noticed motion.
If denied consent, plaintiff must file a regularly noticed motion.
Civil cases
Page 4 | Status of Fictitiously Named Defendants
Plaintiff must seek consent of all defendants' counsel before moving to substitute a Doe defendant.
Before moving to substitute a defendant for a Doe defendant, plaintiff must seek the consent of counsel for all defendants, including counsel for a represented Doe defendant.
Civil cases
Page 4 | Status of Fictitiously Named Defendants
Non-compliance with meet and confer may result in sanctions including striking or denying the motion, deeming it unopposed, or monetary sanctions.
If an opposing party refuses to participate in good faith, the moving party shall explain the refusal in detail. Failure by any party to comply in good faith with the “meet and confer” requirement may result in an order to show cause re: sanctions—including, as appropriate, striking or denying the motion, deeming the motion unopposed, and/or awarding monetary sanctions.
Civil cases
Page 10 | Local Rule 7-3 Pre-Filing Meet and Confer Requirement
Civil motions are heard on Wednesdays at 1:30 p.m.; no need to clear a hearing date with the CRD before filing.
Judge Garnett hears civil motions on Wednesdays beginning at 1:30 p.m. It is not necessary to clear a hearing date with the CRD before filing a motion.
Civil cases
Page 10 | Scheduling Motions Hearings
Adjournment & Extension Requirements
Continuances require good cause, advance notice, a motion or stipulation with proposed order, and a detailed declaration with specific elements.
Motions and Stipulations to Continue. Continuances are granted only on a showing of good cause. Requests for continuances must be made sufficiently in advance of the date to be continued and by motion or stipulation, along with a proposed order. Motions and stipulations must be accompanied by a detailed declaration setting forth the specific reasons for the requested continuance. The declaration also should state whether there have been any previous requests for continuances; whether these requests were granted or denied by the Court; what efforts were made to meet the existing deadline; and what, if any, prejudice would result if the request is denied. Stipulations extending dates set by this Court are not effective unless approved by the Court. Continuances will not be granted routinely.
Civil cases
Page 13 | Motions and Stipulations to Continue
Ex parte applications for deadline extensions require showing irreparable prejudice, lack of fault, and excusable neglect; last-minute applications denied will not relieve obligations.
If, on the rare occasion and with a party’s demonstration of due diligence during the entire period leading up to the deadline, compliance with a Court deadline is not possible, a party may file an ex parte application and propose a hearing date. The moving party must support the application with facts showing that its “cause will be irreparably prejudiced if the underlying motion is heard according to regular noticed motion procedures” and “that the moving party is without fault in creating the crisis that requires ex parte relief, or that the crisis occurred as a result of excusable neglect.” Id. at 492. Merely reciting these requirements is not sufficient. Further, the moving party should not assume that an unopposed ex parte application will be granted; and a last-minute application (or stipulation) that is denied will not serve to relieve a party of an underlying obligation (e.g., a soon-to-expire deadline).
Civil cases
Page 17 | Ex Parte Applications for Deadline Extensions
Continuance of scheduling conference granted only for good cause.
Continuance. A request to continue the scheduling conference will be granted only for good cause. The parties should plan to file the Joint Rule 26(f) Report on
Page 2 | A. PRELIMINARY MATTERS
Any continuance of pretrial or trial dates requires a motion, stipulation, or application supported by a declaration showing good cause and due diligence, including reasons, efforts to advance the litigation, why remaining work could not be completed by the deadline, and whether prior continuance requests were granted or denied.
Any request for continuance of pretrial and/or trial dates must be by motion, stipulation, or application, and must be supported by a declaration setting forth the reasons for the requested relief. The declaration must contain a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance and a description of the parties’ efforts taken to advance the litigation. This showing should demonstrate that the work still to be performed reasonably could not have been accomplished within the applicable deadlines. General statements are insufficient to establish good cause. The declaration should also include whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court.
Civil cases
Page 20 | K. Continuances of Pretrial and Trial Dates
Stipulations to extend or continue court-set dates are ineffective unless approved by the Court and will be denied without compelling factual support and a showing of due diligence.
Stipulations extending dates set by the Court are not effective unless approved by the Court, and without compelling factual support and a showing of due diligence, stipulations continuing dates set by the Court will be denied.
Civil cases
Page 20 | K. Continuances of Pretrial and Trial Dates
Deadline for hearing the motion will not be continued for failure to comply with this order unless good cause is shown.
The deadline for hearing the motion will not be continued for failure to comply with this Order, absent good cause.
Civil cases
Page 13 | Standing Order for Motion for Summary Judgment
Sentencing hearings cannot be continued without detailed showing of good cause.
Once set, the sentencing hearing shall not be continued absent a detailed, substantial showing of good cause.
Criminal cases
Counsel must notify opposing counsel and the CRD of calendar conflicts via chambers email at least 3 days before the scheduled appearance.
If any counsel discovers a calendar conflict with a scheduled appearance, counsel must inform opposing counsel and the Court's courtroom deputy (CRD) via Chambers email at SPG_chambers@cacd.uscourts.gov as soon as possible and not later than three (3) days before the scheduled appearance.
Civil cases
Page 3 | Counsel Calendar Conflicts
Parties may stipulate to extend briefing schedule, but must provide at least 21 days between reply deadline and hearing date and comply with motion hearing cut-off.
The parties may stipulate to a lengthier briefing schedule that is reasonable for all parties. If the parties are filing cross-motions for summary judgment on different claims, the briefing schedule will need to be adjusted to accommodate the cross-motions. Any stipulation to a lengthier briefing schedule must provide the Court at least twenty-one (21) days between the reply deadline and the hearing date and comply with the motion hearing cut-off deadline.
Civil cases
Page 7 | 3
Chambers Communication Rules
Ex parte communication with the Court or Chambers staff by telephone or other improper means is prohibited.
Neither counsel nor a party shall initiate contact with the Court or its Chambers staff by telephone, or by any other improper ex parte means.
Civil cases
Page 3 | Communications with Chambers
Proposed orders must be emailed to chambers in Word and PDF; stipulations and ex parte applications must also be emailed; other documents should not be emailed.
The Court enforces strict compliance with Local Rule 5-4.4.2, which instructs: “After a document requiring a judge’s signature has been lodged in accordance with L.R. 5-4.4.1 . . . , a Microsoft Word copy of the proposed document, along with a PDF copy of the electronically filed main document, shall be e-mailed to the assigned judge’s generic chambers e-mail address using the CM/ECF System,” namely, SPG_chambers@cacd.uscourts.gov. The Court will not consider a stipulation, ex parte application, or other request for relief until a compliant proposed order is received by email. If the proposed order is based on a stipulation or an ex parte application, counsel must email both the order and the stipulation or ex parte application. Otherwise, accompanying documents (such as motions) should not be emailed to Chambers.
Civil cases
Page 6 | C. FILING REQUIREMENTS
Counsel must notify CRD in advance for interpreter or ADA accommodations.
Counsel must notify the CRD in advance if a witness requires an interpreter or an accommodation under the Americans with Disabilities Act (or for any other reason).
Criminal cases
Criminal motions heard Wednesdays at 9:30 AM; must be mutually agreed and not closed on calendar.
The Court hears motions in criminal actions on Wednesday, beginning at 9:30 a.m. Pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, and motions concerning character evidence under Fed. R. Evid. 404(b), shall be noticed for a Wednesday that is mutually agreed to by counsel and that is not closed on the Court’s calendar.
Criminal cases
Parties must notify Courtroom Deputy Clerk in advance for disability accommodations.
Counsel must notify the Courtroom Deputy Clerk in advance if any party, counsel, or witness requires a reasonable accommodation based on a disability or other reason.
Criminal cases
Counsel must arrange with Court Security and notify SPG_Chambers@cacd.uscourts.gov for external electronic equipment.
If electronic equipment must be brought into the courtroom for trial, counsel shall make prior arrangements with Court Security, and counsel must provide SPG_Chambers@cacd.uscourts.gov.
Criminal cases
Special court reporter services require 14-day advance notice to Court Reporting Services.
Any party requesting special court reporter services for any hearing, such as “Real Time” transmission or daily transcripts, shall notify Court Reporting Services at least fourteen (14) days before the hearing date.
Criminal cases
Counsel may contact the CRD for appropriate inquiries but not to inquire about the status of a ruling or to continue a proceeding.
Counsel may contact the CRD with appropriate inquiries. Contacting the CRD to inquire about the status of a ruling or to continue a proceeding is not appropriate.
Civil cases
Page 3 | Communications with Chambers
All parties must be copied on any email to the CRD.
Counsel must copy all parties on any such email.
Civil cases
Page 3 | Communications with Chambers
Counsel must notify Court at least two weeks before hearing of settlement discussions, and immediately if settlement reached.
Counsel must notify the Court at least two weeks before the scheduled hearing if the parties are conducting settlement discussions that may render the motion moot and must notify the Court immediately if a settlement is reached.
Civil cases
Page 16
Calendar conflicts resolved by judge seniority; notify opposing counsel and clerk via email at least 3 business days before appearance.
Per the memorandum of understanding between the Judges of the Central District of California, the United States Attorney’s Office, and the Federal Public Defender’s Office, “when an attorney has two or more matters scheduled on the same day at the same time before two or more judges, appearances shall be based on seniority of District Judges and then Magistrate Judges.” See https://www.cacd.uscourts.gov/sites/default/files/seniority-list.pdf. Counsel are expected to adhere to this agreement. If any counsel discovers a calendar conflict with a scheduled appearance in a court of a more senior district judge, as soon as possible and not later than three (3) business days before the scheduled appearance, counsel must inform opposing counsel and the Courtroom Deputy Clerk via the chambers’ email address at: SPG_Chambers@cacd.uscourts.gov. Counsel should attempt in good faith to agree on a new date to accommodate the calendar conflict and should propose a new date agreed to by the parties by Stipulation and [Proposed] Order.
Criminal cases
Email is the preferred method of communication with the CRD.
The preferred method of communication with the CRD is by email at SPG_chambers@cacd.uscourts.gov.
Civil cases
Page 3 | Communications with Chambers
Court provides AV equipment; parties encouraged to familiarize themselves.
The Court provides audio/visual equipment for use during trial. The parties are encouraged to familiarize themselves with this equipment. More information is available at: http://www.cacd.uscourts.gov/clerk-services/courtroom-technology.
Criminal cases
Junior Lawyer Participation Incentives
The Court encourages lead trial counsel to allow junior counsel to argue motions and examine witnesses at trial.
To provide more experience to the next generation of practitioners, the Court encourages lead trial counsel to permit junior counsel to fully participate in Court proceedings, including to argue motions and to examine witnesses at trial.
Civil cases
Page 2 | A. GENERAL REQUIREMENTS