Judge Barbara L. Major
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Filings > 30 pages
- 1 copy • Within 24 Hours
Adjournments
- If a party or lawyer fails to respond to opposing counsel's request to meet and confer for more than 72 hours, counsel may contact chambers and request a telephonic conference with the clerk assigned to the case or an appropriate briefing schedule.
- Joint motion for extension must include declaration detailing compliance efforts, reasons for inability to meet deadline, and prior extensions.
- Extension requests require meet-and-confer and joint motion filing.
- +7 more
Request must include
- After service of the ex parte application, opposing counsel will ordinarily be given until 5:00 p.m. on the next business day to respond. If more time is needed, opposing counsel must call the law clerk assigned to the case to request additional time.
- Excusal requests require good cause, meet-and-confer, and motion filed 5 court days before proceeding.
- Rescheduling requests require meet-and-confer, motion filed 7 days before, and good cause.
- Discovery motions must be filed within 30 days of the triggering event.
Communication
Phone
Chambers
Chambers
Page & Word Limits1 rule
Unless otherwise authorized, discovery motions and oppositions may not exceed 15 pages, exclusive of exhibits. Reply briefs are not permitted unless requested and authorized by the Court.
- Discovery motion
- Up to 15 pages
Excluded from page count
- •Exhibits
Document Format Requirements2 rules
A proceeding conducted via Zoom is still a court proceeding and all attendees are expected to dress and conduct themselves in a manner that is appropriate for a court proceeding.
Formatting
- •Appropriate dress and conduct required for Zoom proceedings
ENE, MSC, and SC proceedings are primarily conducted via Zoom.
- ENE
- MSC
- SC
Formatting
- •Proceedings conducted via Zoom unless otherwise specified in order
Court's wording
The Court conducts the majority of its ENEs, MSCs, and SCs via Zoom. The order setting the hearing will state whether the hearing is in person or via Zoom and will provide the logistics for accessing the Zoom proceeding.
Document Filing Requirements16 rules
The parties must include language in any proposed ESI order that recognizes the Court’s authority to modify the terms of the order for good cause at later stages of the litigation.
To that end, the Court requires attorneys and pro se litigants to review this Checklist at the initial conference required under Fed. R. Civ. P. 26(f).
Order requires meet and confer, joint discovery plan, initial disclosures, ENE statements, and conference attendance.
- Document
- Order
Must include
- •Meet and confer
- •Initial disclosures
- •Joint discovery plan
- •Lodge ENE statements
Court's wording
Please read this order carefully. The order will require, among other things, the parties to meet and confer, file a joint discovery plan, serve initial disclosures, lodge ENE statements, and attend the ENE/CMC conference.
Again, read the orders carefully as parties are required to comply with all of the requirements contained therein.
All named parties, representatives, insurance adjusters, and principal attorneys must participate in settlement proceedings.
Court's wording
All named parties and party representatives, insurance adjusters for insured parties, and principal attorneys are required to participate in the settlement proceeding and must be legally and factually prepared to discuss settlement of the case.
Full settlement authority required for all attendees; limited authority not acceptable.
- Document
- ENE MSC SC
Must include
- •Full settlement authority
Court's wording
The Court further requires that all attendees have “full settlement authority” as defined in the Court’s order. A limited or sum certain settlement authority is not acceptable as each party must be able to engage in meaningful face-to-face discussions with the unfettered ability to change the party’s settlement position.
Discovery motions must include declaration, discovery request/response, and explanation with legal authority.
- Document
- Discovery motion
Must include
- •Legal argument
Court's wording
The discovery motion must contain at a minimum 1) a declaration from lead trial counsel establishing compliance with the meet and confer efforts; 2) the exact wording of the discovery request and response, and 3) an explanation as to why the response is inadequate, precisely what additional information the moving party is seeking, and the legal authority supporting the motion.
All stipulated protective orders must be filed as a joint motion. The joint motion must contain the language of the stipulated protective order sought and the parties’ electronic signatures.
The parties must also email a proposed order, in Word format, containing the text of the protective order to efile_major@casd.uscourts.gov.
If so, the parties should be prepared to submit a proposed order to the Court no later than seven days following the initial case management conference.
- Document
- Protective order
Should include
- •Proposed order
The Court expects the parties to summarize any actual or anticipated disputes in each area of the Checklist in their Joint Case Management Statement.
A copy of the Notice of Electronic Filing must precede the first page of the courtesy copy.
- Document
- Courtesy copy
Must include
- •Notice of electronic filing
Counsel are expected to be punctual for all proceedings, dressed appropriately, and are reminded to follow Civil Local Rule 2.1, in their practice before this Court.
The Court will issue a Notice and Order for Early Neutral Evaluation Conference and Case Management Conference containing all of the requirements for the ENE/CMC.
The Court generally allots up to three hours for ENEs, MSCs, and SCs but the parties should be prepared to participate longer at the Court's discretion.
Ex parte applications must be filed on CM/ECF with specific content
- Document
- Ex parte application
Must include
- •Relief sought
- •Description of dispute
Court's wording
Appropriate ex parte applications must be filed electronically on CM/ECF necessary. The application also must include a description of the dispute, the relief sought, and a declaration describing the efforts made to resolve the dispute without the Court’s intervention and establishing that reasonable and appropriate notice of the filing of the ex parte application was made to opposing counsel in accordance with Civil Local Rule 83.3.g.
Filing & Service rules
Courtesy Copy Requirements
Courtesy copy required for lodged documents over 30 pages.
If the document including exhibits exceeds 30 pages, a courtesy copy must be
Civil cases
Page 1 | I. Communication with Chambers
Courtesy copy required for multiple filings on same day exceeding 30 pages cumulatively.
A party also must provide a courtesy copy of the filings if the party makes multiple filings in the same case on the same day and those filings cumulatively exceed 30 pages.
Civil cases
Page 2 | I. Communication with Chambers
Courtesy copy required for civil filings over 30 pages, delivered within 24 hours.
Unless otherwise ordered by the Court, parties must deliver a courtesy copy of a civil filing that exceeds 30 pages in length including attachments and exhibit to the Court's chambers, 333 West Broadway, Suite 1180, San Diego, CA 92101 or to the Clerk's Office if chambers' staff is unavailable. The courtesy copy must be delivered within 24 hours after the electronic filing.
Civil cases
Page 2 | I. Communication with Chambers
Sealing & Redaction Procedures
Motion to seal must be filed before the judge who will rule on the associated motion.
A motion to seal must be filed before the Judge who will rule on the motion associated with the proposed sealed document. For example, a motion to seal a document associated with a motion to compel discovery will be before Judge Major, while a motion to seal a document associated with a Motion for Summary Judgment will be before the District Judge assigned to the case.
Civil cases
Page 8 | Sealing Procedure
Sealing requires court order showing privilege or protectability
No document may be filed under seal, i.e., closed to inspection by the public except pursuant to a Court order that authorizes the sealing of the particular document, or portions of it. A sealing order may issue only upon a showing that the information is privileged or protectable under the law.
Civil cases
Page 9 | VIII. Ex Parte Proceedings
In addition, in accordance with Judge Major's preferences, a party must file a 'public' version of any document that it seeks to file under seal. In the public version, the party may redact only that information that is deemed 'Confidential.' The party should file the redacted document(s) simultaneously with a joint motion or ex parte application requesting that the confidential portions of the document(s) be filed under seal and setting forth good cause for the request.
In addition, in accordance with Judge Major's preferences, a party must file a 'public' version of any document that it seeks to file under seal. In the public version, the party may redact only that information that is deemed 'Confidential.' The party should file the redacted document(s) simultaneously with a joint motion or ex parte application requesting that the confidential portions of the document(s) be filed under seal and setting forth good cause for the request.
Civil cases
Page 9 | VIII. Ex Parte Proceedings
Permission required to file confidential materials under seal
Before any materials produced in discovery, answers to interrogatories, responses to requests for admissions, deposition transcripts, or other documents which are designated as Confidential Information are filed with the Court for any purpose, the party seeking to file such material must seek permission of the Court to file the material under seal.
Civil cases
Page 9 | VIII. Ex Parte Proceedings
Must follow ECF Manual Section 2.j and Local Rule 79.2 for sealing
To file a document under seal, the parties must comply with the procedures explained in Section 2.j of the Electronic Case Filing Administrative Policies and Procedures Manual for the United States District Court for the Southern District of California and Civil Local Rule 79.2.
Civil cases
Page 9 | VIII. Ex Parte Proceedings
Pre-Motion Conference Requirements
CMC conducted immediately after ENE if no settlement reached.
The Court conducts the CMC required by Fed. R. Civ. P. 16 immediately following the ENE, if no settlement has been reached.
Civil cases
Page 4 | III. Case Management Conference
Adjournment & Extension Requirements
Excusal requests require good cause, meet-and-confer, and motion filed 5 court days before proceeding.
The Court will not grant requests to excuse a required party from attending the proceeding absent good cause. Counsel requesting that a required party be excused from appearing at a proceeding must meet and confer with opposing counsel prior to making the request and must file an appropriate motion establishing good cause for the request at least 5 court days before the ENE, MSC, or SC.
Civil cases
Page 3 | I. Communication with Chambers
Scheduling Order modifications require good cause and judicial consent.
As provided in Fed. R. Civ. P. 16(b)(4), modification of the dates and times set in the Scheduling Order requires good cause and judicial consent.
Civil cases
Page 4 | III. Case Management Conference
Extension requests require meet-and-confer and joint motion filing.
Before requesting an extension of any date or deadline, the attorneys must “meet and confer” and the request should then be made by filing a joint motion.
Civil cases
Page 4 | III. Case Management Conference
Rescheduling requests require meet-and-confer, motion filed 7 days before, and good cause.
Counsel seeking to reschedule an ENE or other settlement conference must confer with opposing counsel prior to making the request. Such requests must be made in a filed motion at least seven days before the scheduled hearing and may be granted only upon good cause shown.
Civil cases
Page 4 | I. Communication with Chambers
Joint motion for extension must include declaration detailing compliance efforts, reasons for inability to meet deadline, and prior extensions.
The joint motion must establish good cause for the request and shall include a declaration from counsel of record detailing the steps taken to comply with the date(s) or deadline(s), the specific reason why the identified deadline cannot be met, and whether any prior extensions or modifications to the Scheduling Order
Civil cases
Page 4 | III. Case Management Conference
Joint motion with table of dates required for continuance requests.
Parties requesting a continuance of any conference, motion or hearing date, or briefing schedule shall meet and confer prior to contacting the Court. If the parties reach an agreement, they shall file a joint motion identifying the current date, the requested date, the number and length of any prior continuance, and the reason for the requested continuance or extension of time. The joint motion must include a table of all remaining dates and deadlines in the operative scheduling order and the proposed new dates for all remaining dates and deadlines. The parties also shall e-mail a proposed order in Word format that includes the table of dates to efile_major@casd.uscourts.gov.
Civil cases
Page 5 | IV. Continuances
Meet and confer required in person or by phone/video for discovery disputes.
Prior to bringing any discovery dispute to the Court, counsel must meet and confer pursuant to Civil Local Rule 26.1. If counsel are in the same county, they are to meet in person; if counsel practice in different counties, they are to confer by telephone or video. Under no circumstances may counsel satisfy the “meet and confer” obligation by written or emailed correspondence.
Civil cases
Page 6 | V. Discovery Disputes
Ex parte motion required if parties cannot agree on continuance.
If the parties are unable to reach an agreement, the requesting party shall file an ex parte motion satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result therefrom. In addition, the ex parte motion shall include (1) the original and proposed dates, (2) the number of previous requests and continuances, (3) whether previous requests were granted
Civil cases
Page 6 | IV. Continuances
Conference call with chambers required before hearing on discovery disputes.
If the parties fail to resolve their dispute through the meet and confer process, then counsel for all parties are required to determine a mutually agreeable time to conduct a conference call with Chambers. The Court will not assign a hearing date before conducting a conference call with all counsel.
Civil cases
Page 6 | V. Discovery Disputes
Discovery motions must be filed within 30 days of the triggering event.
All discovery motions must be filed within 30 days of the event giving rise to the dispute and only after counsel have met and conferred and communicated with the Court as set forth above.
Civil cases
Page 7 | Timing of Motion
If a party or lawyer fails to respond to opposing counsel's request to meet and confer for more than 72 hours, counsel may contact chambers and request a telephonic conference with the clerk assigned to the case or an appropriate briefing schedule.
If a party or lawyer fails to respond to opposing counsel's request to meet and confer for more than 72 hours, counsel may contact chambers and request a telephonic conference with the clerk assigned to the case or an appropriate briefing schedule.
Civil cases
Page 6 | V. Discovery Disputes
Parties must comply with deadlines until continuance is granted.
The filing of a motion to continue any date or deadline does NOT permit the parties to disregard the challenged date or deadline. Unless and until the Court grants the motion to continue, all parties must continue to comply with all deadlines.
Civil cases
Page 6 | IV. Continuances
Conference call must cover dispute details, positions, meet and confer efforts, relief sought, and filing timeline.
During the conference call, counsel for the parties will be asked to explain: (i) the details of their dispute; (ii) their respective positions; (iii) what meet and confer efforts have taken place; (iv) the precise relief the moving party is seeking; and (v) how soon they can file the motion and opposition.
Civil cases
Page 6 | V. Discovery Disputes
After service of the ex parte application, opposing counsel will ordinarily be given until 5:00 p.m. on the next business day to respond. If more time is needed, opposing counsel must call the law clerk assigned to the case to request additional time.
After service of the ex parte application, opposing counsel will ordinarily be given until 5:00 p.m. on the next business day to respond. If more time is needed, opposing counsel must call the law clerk assigned to the case to request additional time.
Civil cases
Page 10 | VIII. Ex Parte Proceedings
Chambers Communication Rules
Letters and emails to chambers are prohibited unless specifically requested.
Letters and emails to chambers are prohibited unless specifically requested by the Court.
Civil cases
Page 1 | I. Communication with Chambers
Only attorneys with case knowledge may contact chambers.
Only an attorney with knowledge of the case may contact chambers.
Civil cases
Page 1 | I. Communication with Chambers
Lodged documents must be emailed to efile_major@casd.uscourts.gov.
When an order directs you to "lodge" a document with chambers (usually an ENE or SC statement), it must be e-mailed to efile_major@casd.uscourts.gov.
Civil cases
Page 1 | I. Communication with Chambers
Telephone calls to chambers are limited to procedural matters only.
Telephone calls to chambers are permitted only for procedural matters such as scheduling a conference. Court personnel are prohibited from giving legal advice or discussing the merits of a case.
Civil cases
Page 1 | I. Communication with Chambers
Request to change from Zoom to in-person requires meet-and-confer and phone call to court 5 days before.
If the Court sets a Zoom proceeding and the parties would prefer to appear in person, they must meet and confer with each other and then contact the Court via telephone at (619) 557-7372. This must occur at least 5 court days before the proceeding.
Civil cases
Page 3 | I. Communication with Chambers
Settlement before conference requires Notice of Settlement filing and prompt call to chambers.
If the case is settled in its entirety, or as to any party(ies), before the scheduled conference, counsel must file a Notice of Settlement and promptly call chambers at (619) 557-7372.
Civil cases
Page 4 | I. Communication with Chambers
If letters/emails are requested, copies must be sent to all counsel; court should not be copied on counsel correspondence.
Letters and emails to chambers are prohibited unless specifically requested by the Court. If letters or emails are requested by the Court, copies of the same must be simultaneously delivered to all counsel, unless otherwise directed by the Court (such as with confidential Early Neutral Evaluation ("ENE") statements and confidential Settlement Conference ("SC") statements). The Court should not be copied on correspondence between counsel.
Civil cases
Page 1 | I. Communication with Chambers
The Court does not have regular ex parte hearing days or hours. Absent extraordinary circumstances, discovery disputes should not be filed as an ex parte motion.
The Court does not have regular ex parte hearing days or hours. Absent extraordinary circumstances, discovery disputes should not be filed as an ex parte motion.
Civil cases
Page 9 | VIII. Ex Parte Proceedings
Court requires courtesy, professionalism, and civility at all times
The Court insists that all counsel and parties be courteous, professional, and civil at all times to opposing counsel, parties, and the Court, including all court personnel. Professionalism and civility—in court appearances, communications with Chambers, and written submissions—are of paramount importance to the Court. Personal attacks on counsel or opposing parties will not be tolerated.
Civil cases
Page 10 | IX. General Decorum
When calling chambers, be prepared to identify your case as odd or even based on the last digit of the case number, so your call can be directed to the appropriate law clerk.
When calling chambers, be prepared to identify your case as odd or even based on the last digit of the case number, so your call can be directed to the appropriate law clerk.
Civil cases
Page 1 | I. Communication with Chambers
ENE is typically scheduled after Answer is filed.
The ENE typically is not scheduled until an Answer has been filed.
Civil cases
Page 2 | II. Early Neutral Evaluation Conference
Scheduling Order sets MSC; additional SCs may be ordered.
The Scheduling Order will set the MSC and the Court may issue additional orders setting further SCs.
Civil cases
Page 2 | II. Early Neutral Evaluation Conference
ENE conference is informal, off-the-record, and confidential.
The ENE is a multi-purpose conference. The conference is informal, off-the-record, and confidential.
Civil cases
Page 2 | II. Early Neutral Evaluation Conference