Judge D. Thomas Ferraro
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
Filings <= 50 pages
Adjournments
- Scheduling Order modifications require showing of good cause under Fed. R. Civ. P. 16(b).
- Joint Motion for Continuance follows Local Rule 7.2 format, no proposed order needed.
- Joint Motions for Continuance require supporting declarations by counsel.
- +3 more
Request must include
- Joint Motion required for continuances/hearing amendments, filed 7+ days before deadline.
- Discovery disputes must be raised within 30 days or are waived unless good cause shown.
Communication
Chambers
Phone
Phone
Chambers
Page & Word Limits2 rules
Confidential ENE statements must be submitted 7 days before ENE, max 5 pages.
- Confidential statement
- Up to 5 pages
Court's wording
Unless otherwise ordered, no later than seven (7) days before the ENE, the parties shall lodge confidential statements of five pages or less directly with the chambers of Magistrate Judge Ferraro at efile_Ferraro@casd.uscourts.gov.
ENE statements over 50 pages must be delivered physically to chambers.
Court's wording
If the total number of pages including exhibits is fifty (50) pages or less, you may lodge the ENE statement via email at efile_Ferraro@casd.uscourts.gov. If the submission exceeds fifty (50) pages the document must be delivered to: United States District Court Southern District of California Attn: Magistrate Judge D. Thomas Ferraro 333 West Broadway, Suite 1010 San Diego, CA 92101
Document Format Requirements1 rule
Proposed orders must not include an attorney or law firm caption on the title page or side margin.
Document Filing Requirements11 rules
No excuses for required party attendance except exceptional circumstances with opposing counsel conference
Court's wording
The Court will not grant requests to excuse a required party from personally appearing absent exceptional circumstances. If counsel believes there are exceptional circumstances to request that a required party be excused from personally appearing, they must confer with opposing counsel prior to making the request.
Authorized representatives must have full settlement authority
Court's wording
"Full and unlimited authority" means that the individuals attending the ENE must be authorized to fully explore settlement options and to agree at that time to any settlement terms acceptable to the parties.
Pursuant to Local Rule 16.1.c., all parties (including those indemnified by others), claims adjusters for insured defendants, the principal attorney(s) responsible for the litigation, and non-lawyer representatives with full and unlimited authority to negotiate and enter into a binding settlement must be present and legally and factually prepared to discuss and resolve the case at the ENE.
In the case of a legal entity (e.g., a corporation, LLC, partnership, or trust), an authorized representative of the entity (who is not retained outside counsel must be present and must have discretionary authority to commit the company to pay an amount up to the amount of the plaintiff’s prayer, excluding punitive damage prayers).
Unless otherwise directed, the parties are required to file on CM/ECF a Joint Discovery Plan seven (7) days before the scheduled ENE/CMC.
Joint Statement required for unresolved discovery disputes with specific content requirements.
Court's wording
If the parties fail to resolve their dispute through the meet and confer process, then counsel for all three pages and shall include: 1. A statement as to whether the moving party has complied with the 30-day Rule; 2. Each discovery request in dispute; 3. A brief, non-argumentative statement, not exceeding 100 words of each party’s position on the dispute; 4. Three dates within the next 10 days on which counsel for all parties are available for a conference with the Court or the Court’s staff if the Court so orders; 5. A statement describing the parties in-person or telephonic meet-and-confer efforts; and 6. Attached exhibits of the discovery responses at issue that include the text of the request, the response, and any objections. Counsel should provide excerpts of only the discovery responses at issue, not the entire set of responses.
Proposed orders required only for stipulated protective orders and ESI protocols in civil cases.
- Document
- Proposed order
Must include
- •Stipulated ESI protocol
- •Stipulated protective order
Court's wording
Proposed orders in civil cases are only necessary for stipulated protective orders and stipulated ESI protocols. If the Court requires a proposed order on an ad hoc basis, the Court will contact counsel for the moving party via email.
Parties withholding privileged documents must create detailed index with 12 required elements
Court's wording
Any party withholding documents based on a claimed protection or privilege must identify the withheld documents in a manner such that the requesting party can reasonably identify and challenge the withholding of the documents. A party withholding any documents on the basis the documents are privileged or otherwise protected from production, shall number each document to enable later reasonable identification, prepare an index of documents (without disclosing the substance of the document), and set forth any objection related to production of each withheld document. At a minimum, the index shall include the following information:
The ENE typically is not scheduled until all significant defendants have filed an Answer.
The Court will issue a Notice and Order for Early Neutral Evaluation Conference and Case Management Conference containing all requirements for the ENE/CMC. Please read this Order carefully.
Government entities excused if attorney has primary responsibility and negotiation authority
Court's wording
A government entity is excused from this requirement so long as the government attorney who attends the ENE conference or settlement conference has (1) primary responsibility for handling the case; and (2) authority to negotiate and recommend settlement offers to the government official(s) having ultimate settlement authority.
Filing & Service rules
Courtesy Copy Requirements
Lodging documents via email allowed for submissions under 50 pages; over 50 pages must be delivered in person.
When an Order directs you to “lodge” documents with chambers (usually, your ENE brief or your MSC statement), if the total number of pages including exhibits is fifty (50) pages or less, you may lodge the document via email at efile_Ferraro@casd.uscourts.gov. If the submission exceeds fifty pages, the document must be delivered directly to the Court through the intake window on the fourth floor of the Carter-Keep Courthouse.
Civil cases
Page 11 | XIII. Lodgments, Courtesy Copies, & Proposed orders
Courtesy copies are not required in civil cases unless specifically ordered.
Courtesy copies are unnecessary in a civil case unless specifically required by these rules or by separate Order of the Court.
Civil cases
Page 11 | XIII. Lodgments, Courtesy Copies, & Proposed orders
Pre-Motion Conference Requirements
Meet and confer by phone/video/in-person required before raising discovery disputes.
Prior to bringing any dispute to the attention of the Court, lead counsel (or attorneys with full authority to make decisions and bind the client without later seeking approval from a supervising attorney, house counsel, or some other decision maker), are to promptly meet and confer “concerning all disputed issues.” Civil Local Rule 26.1.a. Counsel must meet and confer by telephone, video conference, or in-person. In no event will meet and confer letters or emails satisfy this requirement.
Civil cases
Page 7 | VIII. Discovery Disputes
Discovery motions require leave of court and must follow Chambers Rules procedures.
If Judge Ferraro requests the parties file a discovery motion, the Court will advise the parties of the format for the motion. Under no circumstance may any party file any motion relating to Rules 26 through 37 and 45, ex parte or otherwise, without complying with the procedure set forth in these Chambers Rules regarding discovery disputes.
Civil cases
Page 8 | VIII. Discovery Disputes
Adjournment & Extension Requirements
Joint Motion required for continuances/hearing amendments, filed 7+ days before deadline.
All other requests to continue hearings or to amend the Scheduling Order deadline must be made by Joint Motion, even if the parties are not in agreement, no less than seven (7) days before the affected date. Before filing a Joint Motion for Continuance counsel must meet and confer.
Civil cases
Page 5 | VI. Requests to Continue an ENE, MSC, or VSC, or to Amend the Scheduling Order
Requests to continue an ENE, MSC, or VSC may be made by placing a joint call or email to Chambers after counsel have met and conferred. The request must be made as soon as counsel is aware of the circumstances warranting a continuance.
Requests to continue an ENE, MSC, or VSC may be made by placing a joint call or email to Chambers after counsel have met and conferred. The request must be made as soon as counsel is aware of the circumstances warranting a continuance.
Civil cases
Page 5 | VI. Requests to Continue an ENE, MSC, or VSC, or to Amend the Scheduling Order
Scheduling Order modifications require showing of good cause under Fed. R. Civ. P. 16(b).
The Scheduling Order will not be modified “except upon a showing of good cause.” Fed. R. Civ. P. 16(b).
Civil cases
Page 6 | VI. Requests to Continue an ENE, MSC, or VSC, or to Amend the Scheduling Order
Joint Motions for Continuance require supporting declarations by counsel.
Joint Motions for Continuance of Scheduling Order Dates must also include supporting declarations by counsel.
Civil cases
Page 6 | VI. Requests to Continue an ENE, MSC, or VSC, or to Amend the Scheduling Order
Discovery disputes must be raised within 30 days or are waived unless good cause shown.
The Court will not rule on a discovery dispute that is brought to the Court’s attention more than 30 days after the date upon which the event giving rise to the dispute occurred absent a showing of good cause. The parties must file a joint motion demonstrating good cause if they seek to extend the 30-day deadline. If the parties do not alert the Court that they are attempting to resolve their dispute, and the 30-day deadline passes, the Court will consider the issue waived and the party will be barred from filing a corresponding discovery motion. The parties cannot extend the deadline by any agreement that is not approved by the Court.
Civil cases
Page 7 | VIII. Discovery Disputes
Amendments extending pre-trial conference or trial dates may be denied.
Requests to amend the Scheduling Order may be denied if the proposed amendments necessitate an extension of the final pre-trial conference and/or trial date.
Civil cases
Page 6 | VI. Requests to Continue an ENE, MSC, or VSC, or to Amend the Scheduling Order
Joint Motion for Continuance follows Local Rule 7.2 format, no proposed order needed.
A Joint Motion for a Continuance shall be in the form required by Civil Local Rule 7.2 except that it is not necessary for the parties to submit a proposed order.
Civil cases
Page 5 | VI. Requests to Continue an ENE, MSC, or VSC, or to Amend the Scheduling Order
Filing Joint Motion for Continuance does not excuse compliance with existing deadlines.
The filing of a Joint Motion for Continuance does NOT permit the parties to disregard the must continue to comply with all dates and deadlines set forth in the Scheduling Order.
Civil cases
Page 5 | VI. Requests to Continue an ENE, MSC, or VSC, or to Amend the Scheduling Order
Chambers Communication Rules
If the dispute arises during a deposition, counsel should suspend the deposition and immediately meet and confer. If the dispute is not resolved after meeting and conferring, counsel may call Judge Ferraro’s chambers to potentially receive an immediate ruling on the dispute. If Judge Ferraro is available, he will either rule on the dispute or give counsel further instructions on how to proceed. If he is unavailable, counsel must mark the deposition at the point of the dispute and continue with the deposition. Thereafter, counsel must further meet and confer regarding all disputed issues pursuant to the requirements of Civil Local Rule 26.1(a). If counsel have not resolved their disputes through the meet and confer process, they must proceed as noted in these Chambers Rules.
If the dispute arises during a deposition, counsel should suspend the deposition and immediately meet and confer. If the dispute is not resolved after meeting and conferring, counsel may call Judge Ferraro’s chambers to potentially receive an immediate ruling on the dispute. If Judge Ferraro is available, he will either rule on the dispute or give counsel further instructions on how to proceed. If he is unavailable, counsel must mark the deposition at the point of the dispute and continue with the deposition. Thereafter, counsel must further meet and confer regarding all disputed issues pursuant to the requirements of Civil Local Rule 26.1(a). If counsel have not resolved their disputes through the meet and confer process, they must proceed as noted in these Chambers Rules.
Civil cases
Page 8 | VIII. Discovery Disputes
Participants must maintain professionalism and full attention during ENE.
All participants shall display the same level of professionalism during the ENE and be prepared to devote their full attention to the ENE as if they were attending in person (e.g., participants may not be driving or otherwise distracted while speaking to the Court).
Page 2 | GUIDELINES FOR CONFERENCES ON ZOOM
Law clerks limited to discussing issues only with counsel or pro se parties
Law clerks will not discuss procedural issues with anyone other than counsel for the parties or parties appearing in their matters pro se.
Civil cases
Page 2 | II. Communications with Chambers
Except for scheduled telephonic conferences and as provided in Section XI. of these Rules, calls or emails to chambers are permitted only for administrative, non-substantive matters such as scheduling and calendaring.
Except for scheduled telephonic conferences and as provided in Section XI. of these Rules, calls or emails to chambers are permitted only for administrative, non-substantive matters such as scheduling and calendaring.
Civil cases
Page 2 | II. Communications with Chambers
Before contacting chambers, closely read all orders issued in the case, these Rules, the Court’s Local Rules, and CM/ECF Administrative Policies and Procedures Manual, which are available on the Court’s website. Only call if those resources do not provide an answer to your inquiry.
Before contacting chambers, closely read all orders issued in the case, these Rules, the Court’s Local Rules, and CM/ECF Administrative Policies and Procedures Manual, which are available on the Court’s website. Only call if those resources do not provide an answer to your inquiry.
Civil cases
Page 2 | II. Communications with Chambers
Parties can request in-person ENE/CMC via joint call or email to chambers.
The parties may request the ENE and CMC be converted to an in-person conference informally by placing a joint call to chambers or lodging a joint email to efile_Ferraro@casd.uscourts.gov.
Page 1 | GUIDELINES FOR CONFERENCES ON ZOOM
Court emails Zoom invitations before ENE.
Before the start of the ENE, the Court will email each participant an invitation to join a Zoom video conference.
Page 1 | GUIDELINES FOR CONFERENCES ON ZOOM
Counsel must meet and confer before requesting in-person conference.
Counsel must meet and confer prior to any such request.
Page 1 | GUIDELINES FOR CONFERENCES ON ZOOM
Court uses Zoom for ENE and CMC conferences.
The Court will use its Zoom video conferencing account to host the ENE and CMC.
Page 1 | GUIDELINES FOR CONFERENCES ON ZOOM
Laptops/desktops recommended over mobile devices for Zoom.
Participants are encouraged to use laptops or desktop computers for the video conference, if possible, as mobile devices often offer inferior performance.
Page 1 | GUIDELINES FOR CONFERENCES ON ZOOM
Counsel responsible for client participation in ENE.
Counsel must be responsible for ensuring their clients are able to participate in the ENE.
Page 2 | GUIDELINES FOR CONFERENCES ON ZOOM
Participants should ensure devices are charged or plugged in for Zoom.
Because Zoom may quickly deplete the battery of a participant’s device, each participant should ensure that their device is plugged in or that a charging cable is readily available during the video conference.
Page 2 | GUIDELINES FOR CONFERENCES ON ZOOM
CM/ECF technical issues directed to Help Desk
Technical questions relating to CM/ECF should be directed to the CM/ECF Help Desk at (866) 233-7983.
Civil cases
Page 2 | II. Communications with Chambers
Chambers contact information provided
The chambers telephone number is (619) 557-6627. The email address is efile_Ferraro@casd.uscourts.gov.
Civil cases
Page 2 | II. Communications with Chambers