Judge Stanley Blumenfeld Jr.
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- Request for hearing on PLRA exhaustion must be filed within 14 days of denial of summary judgment.
- Motions for default judgment must be filed within 14 days after resolution of claims against non-defaulted defendants.
- Continuance of scheduling conference requires good cause; report due date unchanged; continuance not for settlement exploration.
- CMO deadlines require a timely good cause showing in Word with proposed order via chambers email; denial is with prejudice and resubmission with previously available information is prohibited.
- MSJ hearing deadline will not be continued for non-compliance unless good cause is shown.
Request must include
Communication
Chambers
Chambers
Phone
Chambers
Chambers
Page & Word Limits14 rules
Page Limits. Five pages for the moving portion; five pages for the opposing portion; and three pages for the reply portion.
Each party is limited to five motions in limine, absent leave of court.
ERISA court trial scheduled within 6 months unless good cause shown.
Court's wording
A court trial, ordinarily limited to oral argument on the administrative record, will be scheduled within six months from the filing of the original complaint, unless good cause for additional time is shown in the status report.
Class certification motion must be filed within 120 days of scheduling conference.
Court's wording
The parties in a putative class action are to act diligently and begin discovery immediately, so that the motion for class certification can be filed expeditiously. A motion for class certification must be filed no later than 120 days from the date initially set for the scheduling conference unless the Court orders otherwise.
Oral argument limited to 20 minutes total (10 minutes per side).
Court's wording
If oral argument is permitted, the parties will have a total of 20 minutes, divided equally between the sides, unless the Court states otherwise. If the Court believes that the matter warrants less or more time, it will advise counsel at the hearing.
ii. Footnotes. Use no more than eight footnotes in any supporting or opposing brief, and no more than five footnotes in any reply.
Objections to a magistrate judge’s report and recommendation, as well as responses to objections, shall be limited to 10 pages absent leave of court.
- Objection to report
- Up to 10 pages
Exception
More pages with leave of court
(3) Page Limits. For the moving and opposition portions—5 pages each; and for the reply portion—3 pages (for a maximum total of 13 pages).
Supporting/opposing memoranda limited to 7,000 words or 25 pages; reply memoranda to 4,000 words or 15 pages (excluding indices and exhibits).
- Format
- Double-spaced
Excluded from the limit
- •Exhibits
Court's wording
Unless stated otherwise, no supporting or opposing memorandum shall exceed 7,000 words (or 25 pages, double spaced, if handwritten), and no reply memorandum shall exceed 4,000 words (or 15 pages, doubled spaced, if handwritten)—excluding only indices and exhibits. Counsel shall certify compliance with the word count pursuant to Local Rule 11-6.2 (Civil).
Sentencing memoranda limited to 20 pages (14 days before hearing or 7 days for expedited sentencing).
- Sentencing memorandum
- Up to 20 pages per party
Excluded from page count
- •Exhibits
Court's wording
At least 14 days before the sentencing hearing (or seven days before an expedited sentencing), each party shall file a sentencing memorandum that does not exceed 20 pages, excluding indices and exhibits.
limit the video to less than 10 minutes
Each separately represented party shall be limited to 7,000 words, exclusive of tables of contents and authorities.
- Word limit
- Up to 7,000 words
Excluded from word count
- •Table of contents
- •Table of authorities
After the joint brief is filed, the moving party may separately file a reply memorandum of points and authorities, not exceeding 3,000 words, no later than 14 days before the scheduled hearing date.
- Reply brief
- Up to 3,000 words
at least 14 days before the sentencing hearing (or four days before an expedited sentencing) and shall not exceed 10 pages, excluding indices and exhibits.
- Page limit
- Up to 10 pages
Excluded from page count
- •Exhibits
Document Format Requirements32 rules
Each jury instruction must cite authority, be complete, single-page, numbered, cover one subject, and not repeat other instructions.
- Jury instructions
Formatting
- •Cite authority/source
- •Set forth in full
- •On separate page
- •Numbered
- •Cover only one subject
- •Not repeat other instructions
- •Alternatives only with reasoned argument
Court's wording
Each requested instruction must: (1) cite the authority or source of the instruction; (2) be set forth in full; (3) be on a separate page; (4) be numbered; (5) cover only one subject or principle of law; and (6) not repeat principles of law contained in any other requested instruction. Counsel may submit alternatives to these instructions only if counsel has a reasoned argument that they do not properly state the law or are incomplete.
One binder (or set of binders) with a copy of each exhibit tabbed with numbers as described above for use by the Court. (Exhibit tags are not necessary on these copies.)
- Margins
- Top 1 inch; Bottom 1 inch; Right 1 inch
- Exhibit copy
Exhibits must be placed in three-ring binders indexed by exhibit number with tabs or dividers on the right side.
- Binding
- Three-ring binder
The spine portion of the binder must indicate the volume number, and each volume must contain an index of each exhibit included therein.
Original exhibits must have yellow (plaintiff) or blue (defendant) tags with case info.
Court's wording
One binder (or set of binders) of original exhibits with the Court’s exhibit tags, yellow tags for plaintiff and blue tags for defendant, stapled to the front of the exhibit on the upper right-hand corner with the case number, case name, and exhibit number placed on each tag.
iv. Format. Use only 14-point Times New Roman font, including for footnotes. Footnotes shall be separated by 12-point spacing.
- Font
- Times New Roman
- Font size
- 14 points
A binder with more than 200 pages must be placed in a slant D-ring binder.
- More than 200 pages
No food or beverage other than water is permitted in the courtroom. No cell phone is permitted in the courtroom unless it is turned off; and it may be confiscated if it interrupts the proceedings.
Formatting
- •No cell phones unless turned off
- •Cell phones may be confiscated if they interrupt proceedings
The parties and their counsel are ordered to be on time. The Court requires strict compliance with this order.
Formatting
- •Parties and counsel must be on time
- •Strict compliance required
All trial remarks must be addressed to the Court, not to CRD, court reporter, or opposing counsel.
Formatting
- •No direct address to CRD, court reporter, or opposing counsel without permission
Court's wording
All remarks at trial shall be addressed to the Court. Counsel shall not directly address the CRD, the court reporter, or opposing counsel without the Court's permission; and all requests to read back questions/answers or to place an exhibit before a witness shall be addressed to the Court.
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).
Formatting
- •Notify CRD in advance of any other witness accommodation needs
Counsel shall have witnesses available throughout the court day or risk being deemed to have rested.
Formatting
- •Risk of being deemed to have rested if not available
After a recess or adjournment, counsel shall ensure that his or her witness returns to the stand before trial resumes.
Formatting
- •Before trial resumes
Typeface and spacing shall comply with Local Rule 11-3.1.1, except that the parties must use only 14-point Times New Roman font (for text and footnotes).
- Font
- Times New Roman
- Font size
- 14 points
During trial, counsel shall not refer to any witness 18 years of age or older —including a client— by first name.
Formatting
- •No first-name reference to witnesses 18 or older
- •Includes clients
For each witness, a party may only have one lawyer who examines, and handles objections for, the witness.
Objections must be brief and state only legal grounds, no factual argument.
Formatting
- •No 'speaking objections' allowed
Court's wording
No “speaking objections” are allowed. Rise and state only the legal grounds of the objection (e.g., “Objection, hearsay”). If the Court invites either clarification of the legal grounds for the objection or a response, do not abuse the invitation by providing factual argument before the jury.
Counsel shall rise when addressing the Court and when the jury enters or leaves the courtroom. Counsel shall remain at the lectern when questioning a witness or giving an opening statement or closing argument. Counsel shall not approach the witness or enter the well without the Court's permission and shall return to the lectern when the permitted purpose has been accomplished. Counsel shall not leave counsel table to confer with investigators, witnesses, or others while court is in session without the Court's permission.
Formatting
- •No approaching witness or entering well without permission
- •Return to lectern after permitted purpose
- •No leaving counsel table to confer without permission
Stipulation requirements: agreement with opposing counsel, explanation to defendant, defendant's personal agreement, written submission to Court.
Formatting
- •Agreement with opposing counsel on precise terms required
- •Full explanation to defendant(s) required
- •Defendant's personal agreement required for stipulations of fact
- •Written submission to Court for approval required
Court's wording
Counsel should not offer a stipulation without having reached agreement with opposing counsel about its precise terms and without it having been fully explained to the defendant(s). Any stipulation of fact requires the defendant's personal agreement and shall be submitted to the Court in writing for approval.
Exhibit handling rules: must provide copies to Court and opposing counsel, only display admitted exhibits, use electronic projection.
Formatting
- •Provide copy to Court and opposing counsel before placing before witness
- •Only display exhibits previously admitted or agreed upon
Court's wording
No exhibit shall be placed before a witness unless a copy has been provided to the Court and opposing counsel. Nor shall any exhibit be displayed to the jury unless previously admitted or agreed upon by all counsel. Once approved, an exhibit may be published by electronic projection, not by handing it to the jurors.
Instructions must not contain blanks or bracketed text.
Court's wording
(c) No Blanks/Brackets. Do 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).
JAE must include a table of contents, be filed as a single PDF (or multiple if file-size constraints), each file titled by part and exhibit series, and each exhibit bookmarked with number and description.
- File type
Formatting
- •Table of contents
- •Bookmarked
- •Titled by part and exhibit series
- •Single PDF unless file-size constraints
Court's wording
The JAE shall include a table of contents. The JAE shall be filed as a single, combined PDF; more than one PDF may be filed if file-size constraints preclude filing the JAE as a single PDF. In the event multiple PDFs are necessary to file the JAE, each file shall be titled by part and exhibit series (e.g., JAE Part 1, Exhibits 1–50). Each exhibit within the JAE must be bookmarked; the bookmark should include the exhibit number and a brief description of the exhibit (e.g., Ex. 1 – Jones Depo. Excerpts).
JAO must be formatted as a three-column table with columns for Objector, Evidence, and Objection/Response.
- Joint appendix of objections
Formatting
- •Three-column table with columns: Objector, Evidence, Objection (O)/Response (R)
Court's wording
The parties shall prepare a Joint Appendix of Objections (JAO) containing any evidentiary objections in a single, separate document presented in a three-column table as follows: Objector Evidence Objection (O)/Response (R)
Each multi-page exhibit must be numbered for easy reference. In addition, a party is generally expected to include in the exhibit only those portions of the document that will be moved into evidence.
If counsel intends to use an enlargement of an existing exhibit, it must be designated with the number of the original exhibit followed by an “A.”
The parties should cooperate in responding to reasonable, legitimate requests to call an expert out of sequence. Any accommodation dispute should be raised at the PTC (if possible).
Formatting
- •Cooperate on reasonable expert scheduling requests
- •Raise accommodation disputes at PTC if possible
Counsel should provide direction to their witnesses before they are called into the courtroom about where to walk to approach the witness stand.
Formatting
- •Before witnesses are called into courtroom
The JAF table shall contain four columns.
Document Filing Requirements130 rules
Must indicate action if sealing application is denied.
Court's wording
Indicate which of the three following actions will be taken if the application is denied: (1) Counsel will publicly file the document(s) for consideration by the Court; (2) Counsel will retrieve the chambers copy of the document(s); or (3) The clerk will destroy the chambers copy of the document(s).
All applications must specify which portions of the document(s) to be filed under seal are confidential.
Protective order-only sealing applications require addendum within 48 hours.
- Document
- Addendum to application to file under seal
Include
- •Reasons justifying sealing
Court's wording
If a party submits an application to file under seal pursuant to a protective order only (i.e., no other reason is given), the application will be denied unless the Court receives—within 48 hours from the notice of filing—a document entitled “Addendum to Application to File Under Seal Pursuant to Protective Order” that: (1) provides the reasons justifying the request for sealing; and (2) specifies which portions of the document are confidential.
Electronically file the application to seal and the declaration giving notice or proof of service.
- Document
- Application to seal
Include
- •Declaration
All applications must provide reasons why the parties’ interest in filing the document(s) under seal outweighs the public’s right to access.
Attach a proposed order to the electronically filed application using the standard procedure for filing an application with a proposed order. See L.R. 5-4.4.1.
- Document
- Application to seal
Include
- •Proposed order
File Notice of Manual Filing for sealing submission.
- Document
- Notice of manual filing
Include
- •Declaration
- •Proposed order
- •Application to seal
Court's wording
Electronically file a NOTICE OF MANUAL FILING indicating that the following have been submitted to the Court: (1) an application to seal; (2) a declaration giving notice or a proof of service; (3) a proposed order; and (4) the documents to be placed under seal.
Stipulations (which must be reduced to writing and included as an exhibit)
A final pretrial conference (PTC) date has been set pursuant to Fed. R. Civ. P. 16 and Local Rule 16-8. Each party must be represented at the PTC by its lead counsel.
Testimony must be bracketed in margins; opposing party must counter-designate.
Must include
- •Bracketing
Court's wording
Identify on the original transcript the testimony the party intends to offer by bracketing the questions and answers in the margins. The opposing party shall likewise counter-designate any testimony it plans to offer.
Deposition designations must be filed 14 days before PTC or lodged on first day of trial.
- Document
- Deposition
Must include
- •Objections
- •Deposition designations
Court's wording
A party intending to use a deposition for impeachment or in lieu of live testimony must (1) file the deposition designations together with objections 14 days before the PTC if there are any objections or disputes requiring a ruling by the Court or (2) lodge the original deposition transcript with the CRD on or before the first day of trial if there are no disputes.
Identify any objections to the proffered evidence in the margins of the deposition transcript by briefly providing the ground for the objection and the response to the objection.
- Document
- Deposition
Include
- •Objections
Exhibit list must be reviewed and approved by CRD before being given to jury.
Court's wording
A copy of the exhibit list with all admitted exhibits will be given to the jury during deliberations. Counsel must review and approve the exhibit list with the CRD before the list is given to the jury.
Electronic copies of trial exhibits must be provided to Court at trial conclusion.
Court's wording
At the conclusion of trial, the parties shall provide the Court with electronic copies of any trial exhibits that were admitted or offered and not previously provided to the Court in the pretrial submissions.
Provide an index for each deposition, placed behind the first page, identifying each page that contains a designation or counter-designation.
- Document
- Deposition
Include
- •Index
Provide to the CRD an electronic copy of the above materials, including all designations, counter-designations, and objections.
Include
- •Electronic copy
Index of all instructions required with number, title, source, and page number in table format.
- Document
- Jury instructions
Must include
- •Index of instructions
- •Table format
Court's wording
Counsel must provide an index of all instructions submitted, which must include the following: (1) the instruction number; (2) the instruction title; (3) the instruction source (and any relevant case citations); and (4) the instruction page number. Use a table with the following format:
Three copies of the joint exhibit list in the form specified in L.R. 16-6 (Civil).
Counsel is responsible for learning the use of the technology before trial. Trial will not be interrupted for this purpose.
The Court does not permit exhibits to be passed up and down the jury box.
PTC binder requires hard/electronic copies of joint/disputed instructions and a numbered 'clean' set using Court's template.
- Document
- Jury instructions
Must include
- •Hard copy
- •Joint set
- •Electronic copy
- •Use court template
- •Disputed instructions
- •Clean set of instructions
- •Numbered list format
Court's wording
As part of the PTC binder, counsel must provide a hard and electronic copy of: (1) the joint set of instructions and disputed instructions as described above; and (2) a “clean” set of jury instructions, numbered in list format, containing only the text of the instruction (without a page break between each instruction). For the clean set, counsel must use the Court’s template posted
Parties must exchange proposed jury instructions and objections on specific deadlines before L.R. 16-2 meeting.
- Document
- Jury instructions
Must include
- •Special verdict forms
Court's wording
The parties must exchange their respective proposed jury instructions and special verdict forms 14 days before the L.R. 16-2 meeting and must exchange their respective objections to the other’s instructions and verdict forms 10 days before that meeting.
Counsel must meet 10 days before trial to stipulate on exhibit foundation and best evidence rule waivers.
Court's wording
All counsel are to meet no later than ten days before trial and stipulate, so far as possible, to foundation, waiver of the best evidence rule, and those exhibits that may be received into evidence at the start of the trial.
Three copies of the party’s witness list in the order in which the witnesses may be called to testify.
Motions to amend pleadings require redlined version delivered 2 hours before LR 7-3 conference and serial numbering.
- Document
- Motion to amend
Must include
- •Redlined version
Court's wording
A motion to amend the pleadings must describe and state the effect of the proposed amendment and be accompanied by a “redlined” version of the proposed amended pleading indicating all additions and deletions to the prior version of the pleading. Before the motion is filed, the redlined version must be delivered to opposing counsel at least two hours in advance of the Local Rule 7-3 conference; and if the plaintiff later changes the delivered version, counsel will be required to meet again about the revised pleading. In addition to the requirements of the Local Rules, all amended pleadings must be serially numbered to differentiate each amendment (i.e., “First Amended Complaint,” “Second Amended Complaint”
Attorney’s fees request must be included with default judgment motion or subsequent requests will be struck.
- Document
- Motion for default judgment
Must include
- •Attorney fees request
Court's wording
A plaintiff who moves for default judgment and wishes to seek attorney’s fees and costs must include in the motion a properly supported request for attorney’s fees and costs together with the motion for default judgment. Failure to do so will result in the striking of any subsequent motion for attorney’s fees and costs absent a showing of good cause.
Attorney’s fees motions require billed hours documentation and Excel spreadsheet emailed to CRD.
- Document
- Motion for attorney fees
Must include
- •Excel spreadsheet
- •Billed hours documentation
Court's wording
A motion for attorney’s fees must be supported by documentation of the billed hours for which the movant seeks to recover fees. The movant shall additionally provide by email to the CRD an Excel spreadsheet documenting the hours for which the movant seeks recovery, using the format in the following example:
The parties may receive an MSC Order as a matter of course. Because the ordinary pretrial and trial schedule does not apply to ERISA cases that will be decided on the administrative record, the parties need only submit a joint status report identifying any special issues that should be considered, as described in § 3(d) of the MSC Order. The parties should proceed with the preparation of the administrative record and briefing without delay upon service of the complaint.
- Document
- ERISA case
Should include
- •Joint status report
Filing & Service rules
Electronic Filing Rules
Once finalized, the moving party’s counsel shall sign and electronically file the joint brief, JAF, and JAE no later than four days after receiving the opposing party’s signed copy.
Once finalized, the moving party’s counsel shall sign and electronically file the joint brief, JAF, and JAE no later than four days after receiving the opposing party’s signed copy.
Civil cases
Page 4 | 1.iv. Filing of Joint Brief
Filing Timing and Cure Windows
Joint Rule 26(f) report must be filed at least 10 days before the scheduling conference.
File the joint Rule 26(f) report no later than 10 days before the scheduling conference. An order to show cause will issue if the report is not timely filed.
Civil cases
Page 3 | Joint Rule 26(F) Report
the motion must be filed no later than 120 days from the date originally set for the scheduling conference, unless the Court orders otherwise.
the motion must be filed no later than 120 days from the date originally set for the scheduling conference, unless the Court orders otherwise.
Civil cases
Page 5 | Motions
Motion hearings must be set on open hearing dates; hearing dates close at least four weeks in advance; waiting until the last day risks motion being stricken.
All hearing deadlines reflect the last day when a motion may be heard, and a hearing must be set on an open hearing date. Hearing dates are closed at least four weeks in advance and may be closed earlier depending on the volume of motions scheduled. Consult Judge Blumenfeld’s webpage before scheduling a hearing to determine availability. A party that waits until the last day to have a motion heard risks having the motion stricken and deemed untimely if the motion is set on a date that turns out to be unavailable or is otherwise deficient. Do not wait until the last minute to file.
Civil cases
Page 10 | 4. CASE MANAGEMENT ORDER (CMO) - b. Motion Deadlines
After the joint brief is filed, the moving party may separately file a reply memorandum of points and authorities, not exceeding 3,000 words, no later than 14 days before the scheduled hearing date.
After the joint brief is filed, the moving party may separately file a reply memorandum of points and authorities, not exceeding 3,000 words, no later than 14 days before the scheduled hearing date.
Civil cases
Page 4 | 1.f. Reply Memorandum
Moving party must file joint brief, JAF, and JAE within 4 days of receiving opposing party's signed copy.
Once finalized, the moving party’s counsel shall sign and electronically file the joint brief, JAF, and JAE no later than four days after receiving the opposing party’s signed copy.
Civil cases
Page 4 | 1.iv. Filing of Joint Brief
If the JAF is unjustifiably 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 business days.
Civil cases
Page 7 | Joint Appendix of Facts (JAF)
Within seven days thereafter, the opposing party shall add its responses to the moving party’s objections (without making any other changes) and file the JAO.
Within seven days thereafter, the opposing party shall add its responses to the moving party’s objections (without making any other changes) and file the JAO.
Civil cases
Page 9 | Joint Appendix of Objections (JAO)
Joint Rule 26(f) report remains due on original date even if scheduling conference is continued.
The parties should plan to file the joint Rule 26(f) report on the original due date even if a continuance of the MSC is granted.
Civil cases
Page 3 | Mandatory Scheduling Conference (MSC)
Service and Proof of Service Rules
Plaintiff must file proof of service within three days after serving the operative complaint on all defendants.
If the plaintiff has not previously served the operative complaint on all defendants, the plaintiff shall promptly do so and file proof of service within three days thereafter.
Civil cases
Page 2 | 1. PRELIMINARY MATTERS
Moving party must serve responses and any objections within 7 days of receiving opposing party's materials.
No later than seven days after receiving these materials, the moving party shall provide to the opposing party its responses to the opposing party’s evidentiary objections, together with any objections to the opposing party’s evidence.
Civil cases
Page 9 | Joint Appendix of Objections (JAO)
Opposing party must serve objections on moving party concurrently with joint brief, JAF, and JAE.
The party opposing summary judgment shall provide the moving party with any objections to the moving party’s evidence at the same time that it provides its portion of the joint brief, the JAF, and the JAE.
Civil cases
Page 9 | Joint Appendix of Objections (JAO)
Courtesy Copy Requirements
Digital Courtesy Copy. The government should send a text-searchable digital copy of the plea agreement to Chambers email address (SB_Chambers@cacd.uscourts.gov).
Digital Courtesy Copy. The government should send a text-searchable digital copy of the plea agreement to Chambers email address (SB_Chambers@cacd.uscourts.gov).
Criminal cases
Page 5 | PLEA AGREEMENTS
Electronic Word copies of all pretrial conference and trial documents must be sent to SB_Chambers@cacd.uscourts.gov.
Provide electronic copies in Word format sent to the Chambers email address (SB_Chambers@cacd.uscourts.gov) of all pretrial conference and trial documents (as stated below).
Criminal cases
Digital Courtesy Copy. The government should send a text-searchable digital copy of the plea agreement to Chambers email address (SB_Chambers@cacd.uscourts.gov).
Digital Courtesy Copy. The government should send a text-searchable digital copy of the plea agreement to Chambers email address (SB_Chambers@cacd.uscourts.gov).
Criminal cases
Sealing & Redaction Procedures
Sealed submissions must follow Judge Blumenfeld's pilot program procedures on his webpage.
A party seeking to submit information under seal must comply with the pilot program procedures found on Judge Blumenfeld’s webpage (scroll to Orders & Additional Documents at the bottom of the page).
Criminal cases
Sealed documents are not viewable but title appears on public docket.
If the sealing request is approved, the document itself will not be viewable by the public, but the title of the pleading will be placed on the public docket and viewable (e.g., “Declaration of John Doe, Exhibit A”).
Filing Bundling Requirements
Parties must submit a single joint brief for all motions for summary judgment.
The parties shall work cooperatively to submit a single joint brief for all motions for summary judgment or adjudication (MSJs) brought by all moving parties.
Civil cases
Page 2 | 1. General Requirements
The joint brief must be accompanied by a separate, tabbed Joint Appendix of Evidence (JAE) containing all evidence; physical evidence lodged separately; no evidence attached to brief.
The joint brief shall be accompanied by a 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. Physical evidence (e.g., video recordings) shall be lodged separately. No evidence should be attached to a memorandum of points and authorities or included anywhere other than in the JAE.
Civil cases
Page 8 | Joint Appendix of Evidence (JAE)
Multiple parties' deposition excerpts from the same deposition must be combined into a single exhibit.
When multiple parties wish to produce different excerpts of the transcript of the same deposition, the excerpts shall be combined into a single exhibit containing all pages to which either party cites.
Civil cases
Page 8 | Joint Appendix of Evidence (JAE)
Motions for summary judgment discouraged in ERISA cases.
If necessary, the Court will hear motions to determine the standard of review, whether discovery will be permitted, and the scope of the administrative record. Counsel are discouraged from filing motions for summary judgment or partial summary judgment for a merits determination.
Civil cases
Page 19 | ERISA Cases (Benefit Claims)
Bankruptcy appeals decided on papers without hearing.
Counsel must comply with the Notice Regarding Appeal from Bankruptcy Court issued at the time the appeal is filed in the district court. The matter is deemed under submission on the filing of the appellant’s reply brief. The Court considers bankruptcy appeals on the papers and usually does not set these matters for hearing.
Civil cases
Page 20 | Bankruptcy Appeals
Pre-Motion Conference Requirements
JMIL briefing schedule: moving party 25 days before PTC, opposing party 18 days before PTC, reply 14 days before PTC.
Briefing Schedule. (1) The moving party’s portion of the JMIL is due 25 days before the PTC; (2) the opposing party’s portion of the JMIL is due 18 days before the PTC; and (3) the moving party’s reply portion is due 14 days before the PTC. All JMILs must be filed and served at least 14 days before the PTC.
Civil cases
Counsel must meet with opposing counsel to resolve discovery disputes before filing motion.
Counsel shall meet with opposing counsel to resolve discovery disputes before filing a motion for discovery.
Criminal cases
Page 3 | DISCOVERY
Pretrial motions: file motion 4 weeks before hearing, opposition 3 weeks before, reply 2 weeks before.
For all pretrial motions, file: (1) the motion four weeks before the hearing; (2) the opposition/non-opposition three weeks before the hearing; and (3) the reply, if any, two weeks before the hearing.
Criminal cases
Before filing Joint MIL, moving party must email evidence issues and meet within 5 days; JMIL must include bold relief statement and underlined party contentions.
Before filing a JMIL, the moving party shall send an email identifying the evidence to be excluded or admitted, the specific terms of the order sought, and the rationale and supporting authority. Counsel shall meet within 5 calendar days of the email. If unable to resolve the issue(s), counsel shall file a JMIL consisting of: (a) the moving party’s one-sentence statement in bold of the relief sought (i.e., the evidence to be excluded or admitted); and (b) each party’s contentions set forth below a separate underlined heading for each (identifying the moving party, the opposing party, and the moving party in reply).
Criminal cases
Moving party's JMIL portion must be provided to opposing party 28 days before pretrial conference.
(a) The moving party’s portion of the JMIL must be provided to the opposing party 28 days before the PTC; (b) the opposing
Criminal cases
Criminal motion hearings are Tuesdays at 8:00 a.m.; include time estimate for hearings over 30 minutes; meet and confer before filing.
Hearings on criminal motions are on Tuesdays at 8:00 a.m. Include a time estimate below the hearing date on the face page of the motion for any hearing expected to last more than 30 minutes. Meet and confer before filing a motion and describe the resolution efforts in the notice of motion. Notify the Court immediately of any resolution occurring after a motion is filed.
Criminal cases
Motions in Limine (MILs) are heard at pretrial conference and require Joint MIL and meet-and-confer declaration.
MILs are heard at the pretrial conference (PTC) and require the filing of a Joint MIL (JMIL) and declaration of the meet and confer. Failure to cooperate and comply with the procedures below may result in sanctions.
Criminal cases
Moving party must arrange a meet-and-confer (in-person or videoconference) no later than 53 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 53 days before the motion hearing cutoff set forth in the case management order (CMO).
Civil cases
Page 3 | 1.i. Meet and Confer
Only one joint summary judgment motion is allowed without leave of Court.
No more than one joint motion may be filed under Fed. R. Civ. P. 56, whether brought as a motion for summary judgment or summary adjudication, without leave of Court.
Civil cases
Page 4 | 1.g. Multiple Motions Prohibited
Motions to dismiss/strike can often be avoided through good-faith meet-and-confer under Local Rule 7-3.
a. Motions Pursuant to Rule 12. Most motions to dismiss or strike, especially motions raising alleged defects in a complaint, answer, or counterclaim that could be corrected by amendment, can be avoided if the parties confer in good faith as required by Local Rule 7-3.
Civil cases
Adjournment & Extension Requirements
Request for hearing on PLRA exhaustion must be filed within 14 days of denial of summary judgment.
A party seeking to obtain a judicial determination of any material fact dispute precluding summary judgment on exhaustion must file a request for a hearing within 14 days of the filing of the order denying summary judgment. The failure to file a timely request may be construed as a waiver or forfeiture of the exhaustion issue.
Civil cases
Page 13 | d. PLRA Exhaustion Motions
If the government intends to request detention of a defendant who is out on bond, it should file a request, stating and applying the applicable standard, at least two days before the hearing.
If the government intends to request detention of a defendant who is out on bond, it should file a request, stating and applying the applicable standard, at least two days before the hearing.
Criminal cases
Page 5 | PLEA AGREEMENTS
Sentencing date set at 14 weeks after conviction unless good cause shown.
Counsel for both parties shall confer and provide a proposed sentencing date to the courtroom deputy (CRD) upon checking in. Absent good cause, the sentencing date shall be approximately 14 weeks after the defendant’s conviction.
Criminal cases
Page 5 | PLEA AGREEMENTS
Parties must submit PTC documents 14 days before conference electronically and in joint binder.
At least 14 days before the PTC, the parties must submit the documents described below (1) electronically in Word format sent to Chambers email and (2) in a joint binder.
Criminal cases
Page 6 | PRETRIAL CONFERENCE (PTC)
Pretrial conference scheduled 2 weeks before trial date.
The Court will schedule a PTC two weeks before the trial date.
Criminal cases
Page 6 | PRETRIAL CONFERENCE (PTC)
Trial continuance applications must request Monday trial at least 10 days before speedy trial period ends.
Any application for a trial continuance shall request a trial on a Monday at least 10 calendar days before the last day of the speedy trial period.
Criminal cases
Page 12 | Continuances
Second continuance request based on defense counsel unavailability requires detailed declaration.
(2) Defense Counsel’s Calendar. If a continuance is granted based in whole or in part on defense counsel’s unavailability, the Court expects counsel to be available on the continued date. If another continuance is requested based in whole or part on defense counsel’s unavailability, defense counsel shall provide a declaration explaining in detail why counsel is not available, why counsel believed he or she would be available when submitting the prior continuance request, and what unforeseen and unavoidable events occurred in the interim. The failure to provide this information may result in summary denial of the request.
Criminal cases
Page 13 | Defense Counsel's Calendar
Filing a continuance request does not suspend pending deadlines.
(1) Pending Deadlines. Any request to continue the trial should be timely filed. The filing of a continuance request does not suspend any pending deadline, including the time to submit the pretrial conference filings.
Criminal cases
Page 13 | Pending Deadlines
(3) Hearing. The Court often orders the parties to appear to explain any continuance request for more than 90 days and any continuance request when an extension was previously granted.
(3) Hearing. The Court often orders the parties to appear to explain any continuance request for more than 90 days and any continuance request when an extension was previously granted.
Criminal cases
Page 13 | Hearing
Sentencing continuances require detailed showing of good cause.
b. Sentencing Continuance. The sentencing hearing will not be continued absent a detailed showing of good cause, including why the additional time requested could not have been anticipated when the original date was set.
Criminal cases
Page 13 | Sentencing Continuance
CMO deadlines require a timely good cause showing in Word with proposed order via chambers email; denial is with prejudice and resubmission with previously available information is prohibited.
The CMO deadlines will not be continued absent a timely showing of good cause presented in a Word document along with a proposed order delivered to Judge Blumenfeld’s chambers email (SB_Chambers@cacd.uscourts.gov).
Civil cases
Page 9 | 4. CASE MANAGEMENT ORDER (CMO) - a. Continuances
Trial continuance applications must request Monday trial at least 10 days before speedy trial period ends.
Any application for a trial continuance shall request a trial on a Monday at least 10 calendar days before the last day of the speedy trial period.
Criminal cases
Page 12 | CONTINUANCES
Defense counsel must explain unavailability for second continuance request or face summary denial.
If a continuance is granted based in whole or in part on defense counsel's unavailability, the Court expects counsel to be available on the continued date. If another continuance is requested based in whole or part on defense counsel's unavailability, defense counsel shall provide a declaration explaining in detail why counsel is not available, why counsel believed he or she would be available when submitting the prior continuance request, and what unforeseen and unavoidable events occurred in the interim. The failure to provide this information may result in summary denial of the request.
Criminal cases
Sentencing continuances require detailed showing of good cause and why additional time was not anticipated.
The sentencing hearing will not be continued absent a detailed showing of good cause, including why the additional time requested could not have been anticipated when the original date was set.
Criminal cases
MSJ hearing deadline will not be continued for non-compliance unless good cause is shown.
The deadline for hearing the MSJ will not be continued for failure to comply with this order, absent good cause.
Civil cases
Page 9 | Failure to Comply
Continuance of scheduling conference requires good cause; report due date unchanged; continuance not for settlement exploration.
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 the original due date even if a continuance of the MSC is granted. The Court will not continue the MSC to allow the parties to explore settlement.
Civil cases
Page 3 | Mandatory Scheduling Conference (MSC)
Filing a continuance request does not suspend pending deadlines.
The filing of a continuance request does not suspend any pending deadline, including the time to submit the pretrial conference filings.
Criminal cases
Court may order parties to appear to explain continuance requests after prior extensions.
The Court often orders the parties to appear to explain any continuance request when an extension was previously granted.
Criminal cases
Motions for default judgment must be filed within 14 days after resolution of claims against non-defaulted defendants.
Unless the Court orders otherwise, motions for default judgment shall be filed within 14 days after the later resolution of all claims against all defendants who have not defaulted.
Civil cases
Page 14 | e. Motions for Default Judgment
Chambers Communication Rules
Email chambers with specific attachments for sealing request.
After electronically filing the application and proof of service, send an email to SB Chambers@cacd.uscourts.gov containing the subject line “Under Seal Request in Case No. ” and the following attachments: (1) a PDF version of the application to seal and declaration giving notice or a proof of service; (2) a Word version of the proposed order (including the proposed action to be taken if the application is denied, see above); and (3) a PDF version of the document(s) to be filed under seal with a caption page clearly marked “UNDER SEAL.” The subject line of the email should have the case number, plus the words “UNDER SEAL REQUEST.”
Email chambers with attachments for sealing request.
Send an email to SB Chambers@cacd.uscourts.gov containing the subject line “Under Seal Request in Case No. _______” and the following attachments: (1) a PDF version of the application to seal and declaration giving notice or a proof of service; (2) a Word version of the proposed order (including the proposed action to be taken if the application is denied); and (3) a PDF version of the document(s) to be filed under seal with a caption page, clearly marked “UNDER SEAL.”
Settlement discussions must be reported 2 weeks before hearing; immediate notice if settled.
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
Parties must meet and confer to select new magistrate judge if original becomes unavailable.
If the magistrate judge to whom the parties have consented becomes unavailable after the case has been referred, the parties shall meet and confer in good faith to select another magistrate judge on the Voluntary Consent List to preside over the case.
Civil cases
Page 20 | Consent to Magistrate Judge
Email requests for relief that should be filed on
Email requests for relief that should be filed on
Civil cases
Counsel shall not contact the courtroom deputy clerk (CRD) to inquire about (1) the status of a pending matter or (2) court procedure addressed in the Local Rules and the Court’s standing orders. Any appropriate inquiry directed to the CRD must be by email only, copied to all parties.
Counsel shall not contact the courtroom deputy clerk (CRD) to inquire about (1) the status of a pending matter or (2) court procedure addressed in the Local Rules and the Court’s standing orders. Any appropriate inquiry directed to the CRD must be by email only, copied to all parties.
Civil cases
Late settlement notice may result in sanctions and release of tentative ruling.
A belated settlement notice wastes scarce judicial resources and will subject the offending parties to sanctions—and it may also result in the release of the tentative ruling.
Civil cases
Tentative rulings posted by 6:00 p.m. the day before hearing.
Tentative rulings will be made available on Judge Blumenfeld’s webpage the afternoon before the hearing by 6:00 p.m.
Civil cases
Extension requests must be delivered to Judge Blumenfeld's chambers email at SB_Chambers@cacd.uscourts.gov.
The CMO deadlines will not be continued absent a timely showing of good cause presented in a Word document along with a proposed order delivered to Judge Blumenfeld’s chambers email (SB_Chambers@cacd.uscourts.gov).
Civil cases
Page 9 | 4. CASE MANAGEMENT ORDER (CMO) - a. Continuances
Court provides trial technology; training reservations via phone.
The Court has equipment available for use during trial. Details are posted on the Court’s website. To make reservations for training, call the Courtroom Technology Help Desk at 213-894-3061.
Civil cases
Junior Lawyer Participation Incentives
Only one lead counsel per party; must attend all proceedings except motion hearings; junior lawyers encouraged for motion hearings; only one counsel may argue motion without approval.
Only one attorney for a party may be designated as lead counsel—and the designation must appear on the docket if a party has more than one attorney. Lead counsel must attend all proceedings other than motion hearings. For motion hearings, lead counsel is encouraged to permit junior lawyers to participate. Only one counsel may be designated to argue a motion absent Court approval.
Civil cases