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Judge Dena Coggins
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Temporary Restraining Order Motions, Preliminary Injunction Motions
- 1 copy • Chambers Copy • Upon Filing
Communication
Page & Word Limits3 rules
Civil briefs limited to 25 pages (support/opposition) and 15 pages (reply), TOC/TOA excluded.
- Brief
- Up to 25 pages
- Reply brief
- Up to 15 pages
Excluded from page count
- •Table of contents
- •Table of authorities
Exception
More pages with leave of court
Court's wording
All moving and opposition briefs or legal memoranda in civil cases shall not exceed twenty-five (25) pages without prior leave of court. Reply briefs filed by moving parties shall not exceed fifteen (15) pages. The page limit does not include the table of contents or table of authorities. A party may request a page limit increase by filing a written request setting forth any and all reasons for the request at least seven (7) days prior to the filing of the brief. The court will grant a request to extend the page limits only upon a showing of good cause. The court will not consider any pages in the brief that exceed the page limits without prior leave of court permitting an increased page limit.
The first two briefs are limited to twenty-five (25) pages, the third brief is limited to twenty (20) pages, and the fourth brief is limited to fifteen (15) pages.
- Brief
- Up to 25 pages
- Third brief
- Up to 20 pages
- Fourth brief
- Up to 15 pages
Moving/opposition briefs limited to 20 pages; reply briefs to 10 pages; TOC/TAs excluded.
- Brief
- Up to 20 pages
- Reply brief
- Up to 10 pages
Excluded from page count
- •Table of contents
- •Table of authorities
Exception
More pages with leave of court
Court's wording
All moving and opposition briefs shall not exceed twenty (20) pages without prior leave of court. Reply briefs filed by moving parties shall not exceed ten (10) pages. The page limit does not include the table of contents or table of authorities. A party may request a page limit increase the filing of the brief. The court will grant a request to extend the page limits only upon a showing of good cause. The court will not consider any pages in the brief that exceed the page limits without prior leave of court permitting an increased page limit.
Document Format Requirements3 rules
All briefs must be submitted using no less than 12 pt font size, including footnotes. Footnotes should be used sparingly.
- Font size
- At least 12 points
All briefs must be submitted using no less than 12 pt font size, including footnotes. Footnotes should be used sparingly.
- Font size
- At least 12 points
Multi-page exhibits shall be internally paginated beginning with the number one; references to those exhibits shall refer to the exhibit designation and page number (i.e., Ex. 1 at 11.).
Document Filing Requirements17 rules
If the Government intends to seek the immediate remand of a Defendant who is out-of-custody at the time of sentencing, the Government must state as such in their sentencing memorandum.
The parties may submit proposed orders with criminal motions set for hearing before Judge Coggins. If a proposed order is required under relevant authority (such as orders granting early termination of supervised release, see Section IV), it shall be submitted in compliance with Local Rule 137(b) and emailed in Microsoft Word format to DCorders@caed.uscourts.gov.
- Document
- Motion
Must include
- •Proposed order
Motions for early termination of supervised release must state positions of all parties; defendant must file approved proposed order within 5 days if granted.
- Document
- Motion for early termination of supervised release
Must include
- •Positions of defendant
- •Positions of probation
- •Proposed order
Court's wording
All motions for early termination of supervised release shall state the positions of Probation, the Defendant, and the Government. If the court grants a motion for early termination of supervised release filed by the Defendant, the Defendant shall, within five (5) days, file a proposed order that has been approved by Probation as to form for the court’s review.
The court will not consider supplemental briefs or sur-replies absent prior leave of court.
- Document
- Supplemental brief
Include
- •Prior leave of court
A notice of motion shall contain a certification by counsel filing the motion that meet and confer efforts have been exhausted, with a brief summary of the parties’ meet and confer efforts.
- Document
- Notice of motion
Must include
- •Certificate of conference
(2) all duplicative or overlapping exhibits between parties must be listed as joint
The joint pretrial statement and witness and exhibit lists must also be emailed as a Microsoft Word document to: DCorders@caed.uscourts.gov.
- Document
- Joint pretrial statement
Must include
- •Witness and exhibit lists
The joint pretrial statement must address all issues detailed in Local Rule 281 with the following clarifications:
(1) the parties must include a neutral joint statement of case;
- Document
- Joint pretrial statement
Must include
- •Neutral joint statement of case
Administrative motions must comply with Local Rule 233.
- Document
- Administrative motion
Must include
- •Comply with Local Rule 233
Court's wording
A party filing a motion relating to administrative matters that require a court order, such as requests to exceed applicable page limitations, requests to shorten time on a motion, requests to extend a response deadline, requests to alter a briefing schedule, or requests to alter a discovery schedule that does not affect dispositive motion filing dates, trial dates, or the final pretrial conference, shall comply with Local Rule 233.
If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.
- Document
- Amended pleading
Must include
- •Redlined version
Proposed orders are not necessary for most substantive motions, such as motions for summary judgment or motions to dismiss. The parties should submit proposed orders only in connection with administrative motions, ex parte applications, and rulings that call upon the court to make factual findings (such as a motion to approve a class settlement or a motion for attorneys’ fees). Parties are required to submit proposed orders with motions for temporary restraining order and motions for a preliminary injunction.
- Document
- Motion
Must include
- •Proposed order
Counsel must personally appear at the final pretrial conference.
Court's wording
Counsel are required to personally appear at the final pretrial conference. Counsel are also reminded that pursuant to Federal Rule of Civil Procedure 16(e), at least one attorney who will conduct the trial for each party must appear at the final pretrial conference.
Expert designation and report required according to scheduling order.
- Document
- Expert designation
Must include
- •Expert area of expertise
Court's wording
All counsel must designate in writing and serve upon all other parties the name, address, and area of expertise of each expert they propose to tender at trial, according to the schedule set forth in the Scheduling Order. A written report prepared and signed by the witness shall accompany the designation. The report shall comply with Federal Rule of Civil Procedure
The court will not consider supplemental briefs or sur-replies absent prior leave of court.
- Document
- Supplemental brief
Include
- •Leave of court
Multi-page exhibits shall be internally paginated beginning with the number one; references to those exhibits shall refer to the exhibit designation and page number (i.e., Ex. 1 at 11.).
Plaintiff must serve this order on all parties unless by noticed removal, then defendant serves.
Court's wording
Counsel for plaintiff shall immediately serve this order on all parties, including any new parties added to the action in the future, unless this case came to the court by noticed removal, in which case defendant shall serve this order on all other parties.
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies required for TRO and injunction papers.
The parties shall lodge a courtesy copy with chambers of all papers relating to proposed temporary restraining orders and injunctions, conformed to reflect that the documents have been filed.
Civil cases
Sealing & Redaction Procedures
Court approval required before sealing or redacting documents.
No document will be sealed, nor shall a redacted document be filed, without the prior approval of the court.
Civil cases
If a document for which sealing or redaction is sought relates to the record on a motion to be decided by Judge Coggins, the request to seal or redact should be directed to Judge Coggins and not the assigned Magistrate Judge.
If a document for which sealing or redaction is sought relates to the record on a motion to be decided by Judge Coggins, the request to seal or redact should be directed to Judge Coggins and not the assigned Magistrate Judge.
Civil cases
Advance notice required to opposing party before filing confidential material.
If a party plans to make a filing that includes material an opposing party has identified as confidential and potentially subject to sealing or redaction, the filing party shall provide the opposing party with sufficient notice in advance of filing to allow for the opposing party to seek an order of sealing or redaction from the court.
Civil cases
Pre-Motion Conference Requirements
Motions in limine cannot be filed before the pretrial conference.
The parties shall not file motions in limine prior to the pretrial conference. Following the pretrial conference, the court will issue a pretrial order that will set dates for the filing of motions in limine, the submission of exhibits, and other trial-related deadlines.
Civil cases
Adjournment & Extension Requirements
Copy of plea agreement must be filed 3 court days before plea entry by noon.
Change of Plea – Copy of Plea Agreement 3 Court Days Before Entry of the Plea by Noon (12pm)
Criminal cases
Page 5 | VII. Summary Table of Deadlines
Pretrial motions must be filed 30 days before trial confirmation hearing.
Pretrial Motions 30 Days Before Trial Confirmation Hearing
Criminal cases
Page 5 | VII. Summary Table of Deadlines
Discovery cut-off is 14 days before trial confirmation hearing.
Discovery Cut-Off 14 Days Before Trial Confirmation Hearing
Criminal cases
Page 5 | VII. Summary Table of Deadlines
Sentencing deadlines: 42 days for PSR availability, 28 days for objections to probation officer, 21 days for probation officer submission, 14 days for formal objections.
No less than forty-two (42) days before the sentencing hearing, the probation officer’s proposed presentence report, including the probation officer’s recommendations, will be made available to both parties. Any objection to the report must be provided to the probation officer and opposing party, in writing, no less than twenty-eight (28) days before the sentencing hearing. The probation officer shall submit the presentence report and recommendation to Judge Coggins no less than twenty-one (21) days before the sentencing hearing. Formal objections to the presentence report, including objections to any special conditions requested by the probation officer, must be filed no less than fourteen (14) days before the sentencing hearing.
Criminal cases
Page 5 | VI. Judgment and Sentencing
Stipulation/request to continue must be filed 7 days before hearing/trial by noon.
Stipulation/Request to Continue 7 Days Before the Hearing/Trial by Noon (12pm)
Criminal cases
Page 5 | VII. Summary Table of Deadlines
Requests to continue judgment/sentencing must state reasons with particularity.
Any requests to continue judgment and sentencing must be filed by the party requesting the continuance and state with particularity the reasons for the request.
Criminal cases
Page 5 | VI. Judgment and Sentencing
Sentencing memoranda must be filed at least 7 days before sentencing hearing.
Parties may also submit a written sentencing memorandum pursuant to Local Rule 461(g). Any sentencing memoranda must be filed at least seven (7) days prior to the sentencing hearing.
Criminal cases
Page 5 | VI. Judgment and Sentencing
Chambers Communication Rules
Transcript orders should be emailed directly to the assigned court reporter. Contact information for individual court reporters can be found on the U.S. District Court, Eastern District of California’s website (www.caed.uscourts.gov).
Transcript orders should be emailed directly to the assigned court reporter. Contact information for individual court reporters can be found on the U.S. District Court, Eastern District of California’s website (www.caed.uscourts.gov).
Civil cases