Judge Linda Lopez
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • Hand Delivery • Within 72 Hours
Ex Parte Motions
Filings > 75 pages
- Within 3 Days
Adjournments
- Motions must be noticed for hearing 35 days after filing.
- Any ex parte motion that is not opposed within two (2) Court days will be considered unopposed and may be granted on that ground.
Communication
Phone
Chambers
Chambers
Page & Word Limits3 rules
Absent leave of court, separate statements shall be limited to fifteen (15) pages and must comply with the font requirements of Civil Local Rule 5.1.
- Separate statement
- Up to 15 pages
Exception
More pages with leave of court
Each motion in limine and each opposition shall not exceed ten (10) pages in length. Attachments to any motion in limine or opposition shall also be limited to ten (10) pages in length.
- Motion in limine
- Up to 10 pages
- Motions in limine
Each side is limited to a maximum of five (5) motions in limine. Each motion in limine must be filed separately on the docket.
Document Format Requirements5 rules
proposed orders must not contain the name and law firm information of the filing party, and must not contain the word “proposed” in the caption.
Trial exhibits must follow specific numbering system (Plaintiff numeric, Defendant alphabetic).
Formatting
- •Plaintiff exhibits numbered 1, 2, 3...
- •Defendant exhibits lettered A, B, C... then AA, AB, AC...
Court's wording
In preparing trial exhibits, the parties are directed to contact the Clerk’s Office for exhibit stickers. Parties may create their own exhibit stickers as long as the stickers include the exhibit number and case number. Pursuant to Civil Local Rule 16.1.f.2.c., Plaintiff’s exhibits must be identified numerically, starting with “1,” and Defendant’s alphabetically, starting with A to Z, then AA to AZ, then BA to BZ, etc., unless otherwise ordered by the Court.
Witness examinations must be conducted from podium; approaching witnesses requires court permission.
Formatting
- •Witness examination from podium
Court's wording
F. Presentation of Evidence. Please abide by the following rules: Do not enter the well, except during voir dire, opening statement and closing argument. Conduct all examinations of witnesses from the podium. Feel free to approach witnesses during examination, but first seek permission from the Court. Please keep your visit to the witness stand brief, e.g., by quickly orienting a witness with an exhibit and returning to the podium.
If an exhibit is being used and counsel's view is obstructed, counsel may relocate for better viewing without requesting permission from the Court.
When referring to an exhibit, counsel should refer to its exhibit number whenever possible to keep a complete record.
Document Filing Requirements26 rules
Counsel must email proposed orders in Word format to efile_Lopez@casd.uscourts.gov, and include the case number and case name in the subject line of the email.
A proposed order, if required, must be submitted simultaneously with the relevant motion.
- Document
- Motion
Must include
- •Proposed order
Under these circumstances, parties may file a notice of supplemental authority that includes a copy of the order or opinion and any case-identifying information.
- Document
- Notice of supplemental authority
May include
- •Order or opinion copy
- •Case identifying information
Amended pleadings must include redline showing changes, except for incarcerated pro se plaintiffs.
- Document
- Amended pleading
Must include
- •Redline
Court's wording
Any amended pleading—not just those accompanying a motion for leave to amend—must be accompanied by a redline showing how the amended pleading differs from the operative pleading. Pro se plaintiffs who are incarcerated are excused from this requirement.
At the time of the filing of a joint motion, a proposed order must be submitted to the Court pursuant to Section 3(C) above.
- Document
- Joint motion
Must include
- •Proposed order
If no deadline set, parties must file stipulation of dismissal signed by all appearing parties under FRCP 41(a)(1)(A).
Court's wording
If the magistrate judge does not set a deadline for the filing of a “Joint Motion to Dismiss,” the parties must file a stipulation of dismissal signed by all parties who have appeared pursuant to Federal Rule of Civil Procedure 41(a)(1)(A).
Joint dismissal motions retaining jurisdiction require consent to magistrate judge jurisdiction over settlement disputes, signed by all parties.
- Document
- Joint motion for dismissal
Include
- •Signed by all parties and counsel
- •Consent to magistrate judge jurisdiction
Court's wording
Any joint motion for dismissal that includes a provision that the court retain jurisdiction will be rejected unless it is accompanied by a consent to Magistrate Judge jurisdiction over all disputes arising out of the settlement agreement, including interpretation and enforcement of the settlement agreement, signed by all parties and their counsel.
The proposed pretrial order must strictly comply with the requirements set forth in Civil Local Rule 16.1(f)(6)(c).
The parties should submit proposed joint jury instructions in Word format to the Court via email at efile_Lopez@casd.uscourts.gov on the day set for motions in limine. Joint proposed supplemental instructions must be submitted as the need for them becomes apparent.
The parties must also exchange their Final Exhibit and Witness Lists seven (7) days before trial. They must also email a copy of their Final Exhibit and Witness Lists to chambers.
The parties should also submit a joint proposed verdict form in Word format to the Court on the day set for motions in limine.
Proposed Findings of Fact and Conclusions of Law must be filed 14 days before trial and emailed in Word format.
Court's wording
Fourteen (14) days before trial, counsel must serve and file proposed Findings of Fact and Conclusions of Law. An electronic copy of the proposed Findings of Fact and Conclusions of Law must be emailed to efile_Lopez@casd.uscourts.gov in Word format.
D. Proposed Voir Dire Questions and Verdict Forms. Counsel may serve and file proposed voir dire questions and forms of verdict on the day set for motions in limine.
C. Trial Briefs. Pursuant to Criminal Local Rule 23.1, the parties may, no later than five court days before the date of trial, serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues.
Government counsel must provide exhibit list to Courtroom Deputy Clerk on first day of trial.
Court's wording
H. Exhibits. Government counsel must provide a list of exhibits and give it to the Courtroom Deputy Clerk on the first day of trial. All exhibits must be pre-marked on the first day of trial. Exhibit stickers may be obtained from the Clerk of the Court or from the Courtroom Deputy Clerk, in advance of trial.
Before publishing an exhibit to the jury, counsel must either move for admission of the exhibit or allow the Court to inquire whether the opposing side has any objection to publication.
If the briefing is not coordinated or consolidated, counsel for each party must file a declaration concurrently with the briefing describing the efforts and explaining why they were not successful.
Proposed orders or other documents requiring the judge’s signature must not be filed on the docket.
Counsel may not include any argument in the notice.
The Court requires no duplication of briefing and exhibits.
Sur-replies and notices of supplemental authority may not be filed unless leave of court has been granted.
The only exception to this requirement is if there is a change in binding intervening law that is directly on point issued after the filing.
Cross motions for summary judgment have the same filing deadline as a motion for summary judgment.
- Document
- Cross-motion for summary judgment
Include
- •Same filing deadline as motion
This responsibility includes preparing any writs of habeas corpus ad testificandum for the incarcerated pro se plaintiff and any of his or her incarcerated witnesses, as authorized by the Court.
Court conducts initial voir dire; counsel gets 10 minutes per side for follow-up on non-complex cases.
Court's wording
E. Jury Selection. The Courtroom Deputy Clerk will provide counsel with a numerical list of the jury panel ("strike sheet") at the start of voir dire . The Court will conduct the initial jury voir dire. The Court will permit follow-up voir dire conducted by the attorneys. If voir dire by counsel is permitted, ten minutes per side on non-complex cases generally will be allowed.
Pursuant to Local Criminal Rule 1.1(e) and Local Civil rule 79.1, all exhibits will be returned to the party who produced them at the end of trial.
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies required for filings over 75 pages, delivered within 3 days.
Courtesy copies of filings that exceed 75 pages in length, including attachments and exhibits, must be submitted in accordance with Section 2(e) of the ECF Manual via United States Postal Service mail, courier, or delivery to the Clerk’s Office at 333 West Broadway, Suite 420, San Diego, CA 92101. Courtesy copies must be received by the Court no later than three days after the filing date.
Civil cases
Page 6 | Courtesy Copies
Ex parte applications must be served on opposing counsel via email with return receipt or overnight mail.
Any ex parte application filed with the Court must be served on opposing counsel via electronic mail with return receipt requested, or overnight mail.
Civil cases
Page 9 | Ex Parte Applications
Trial exhibits require 1 courtesy copy and USB drive submission 3 days before trial.
For both bench trial and jury trials, the parties must submit one (1) courtesy copy of the trial exhibits three (3) days before trial is set to begin. Counsel should contact the Court’s courtroom deputy to arrange a time to deliver the courtesy copies. The parties must also submit the trial exhibits on a USB flash drive three (3) days before trial is set to begin.
Civil cases
Page 12 | Trial Exhibits
Exhibits must be tabbed if more than 3 in courtesy copies.
If a filing has more than three (3) exhibits, the exhibits must be tabbed.
Civil cases
Page 6 | Courtesy Copies
Sealing & Redaction Procedures
Documents filed under seal must be accompanied by a motion authorizing the sealing.
Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing.
Civil cases
Page 7 | 4. Seeking Leave to File Documents Under Seal
Public redacted version must be filed simultaneously with motion to seal.
The party requesting sealing must file a "public" version of the document(s) it seeks to file under seal. In the public version, the party may redact only that information that is deemed confidential or privileged. The party shall file the redacted document(s) simultaneously with the motion requesting that the confidential portions of the document(s) be filed under seal.
Civil cases
Page 8 | 4. Seeking Leave to File Documents Under Seal
Motion to seal must describe documents to be sealed and include declarations showing compelling reason.
The motion to seal must provide the Court with a specific description of the particular document or categories of documents to be protected, including, for each document subject to the motion, whether the moving party seeks to seal the document in full or in part (i.e., with redactions). The motion to seal must be accompanied by declaration(s) from individual(s) with knowledge of the content of the documents demonstrating a compelling reason or good cause to protect those documents from disclosure.
Civil cases
Page 8 | 4. Seeking Leave to File Documents Under Seal
After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the “Sealed Lodged Proposed Document” in accordance with Section 2(j) of the ECF Manual. If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court’s consideration.
After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the “Sealed Lodged Proposed Document” in accordance with Section 2(j) of the ECF Manual. If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court’s consideration.
Civil cases
Page 8 | 4. Seeking Leave to File Documents Under Seal
Meet and confer required before sealing documents with protective order designations; response due within 7 days.
Parties often seek to seal a document only because another party designated the document as sensitive under a protective order, including with a “confidential” or “attorneys’ eyes only” designation. In these circumstances, the moving party must first meet and confer with the designating party to determine whether the designating party maintains that any portion of the document must be filed under seal. If so, the moving party must file a motion to seal. In addition, the designating party must file a response to the sealing motion within seven days that satisfies the sealing standard described above. If no response is filed, the Court may order that the document be filed in the public record.
Civil cases
Page 8 | 4. Seeking Leave to File Documents Under Seal
Filing Bundling Requirements
Stipulations must be filed as joint motions, except for certain dismissals under FRCP 41(a)(1)(A)(ii).
Pursuant to Civil Local Rule 7.2 and Section 2(f)(4) of the ECF Manual, all stipulations must be filed as joint motions, except for a properly executed stipulation of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) that does not require a court order to terminate a case.
Civil cases
Page 9 | Joint Motions / Stipulations
Pre-Motion Conference Requirements
7-day meet-and-confer conference required before filing most motions.
Any party contemplating the filing of any noticed motion before this Court must first contact opposing counsel to discuss thoroughly—preferably in person—the substance of the contemplated motion and any potential resolution. The conference must take place at least seven (7) days prior to the filing of the motion. If the parties are unable to reach a resolution that eliminates the need to file the anticipated motion, counsel for the moving party must include in the notice of motion a statement to the following effect: “This motion is made following the conference of counsel that took place on [date].”
Civil cases
Page 2 | Motion Practice
Ex parte applications require meet-and-confer declaration documenting contact efforts and opposing counsel's position.
Before filing any ex parte application, counsel must contact the opposing party to meet and confer regarding the subject of the ex parte application. All ex parte applications must comply with Civil Local Rule 83.3(g) including a declaration from the movant documenting: (1) efforts to contact opposing counsel, (2) counsel’s good faith, in person or by telephone meet-and-confer efforts to resolve differences with opposing counsel, and (3) opposing counsel’s general position regarding the ex parte application.
Civil cases
Page 9 | Ex Parte Applications
Temporary restraining order motions must be briefed; ex parte hearings only in extraordinary circumstances.
All motions for temporary restraining orders must be briefed. While temporary restraining orders may be heard in true ex parte fashion (i.e., without notice to an opposing party), the Court will do so only in extraordinary circumstances.
Civil cases
Page 10 | Temporary Restraining Orders
Replies to motions in limine not permitted unless directed by Court.
No replies shall be filed unless directed by the Court.
Civil cases
Page 10 | Motions in Limine
Exceptions to meet-and-confer: pro se plaintiffs, TROs/PIs, summary judgment motions.
The only exceptions to this meet-and-confer requirement are: (1) in cases where the plaintiff is appearing pro se and is not an attorney; (2) for applications for temporary restraining orders or preliminary injunctions; and (3) motions and cross-motions for summary judgment.
Civil cases
Page 2 | Motion Practice
Adjournment & Extension Requirements
Motions must be noticed for hearing 35 days after filing.
Parties filing a noticed motion must set the hearing to be thirty-five (35) days from the motion’s filing date.
Civil cases
Page 3 | Motion Hearing Dates
Any ex parte motion that is not opposed within two (2) Court days will be considered unopposed and may be granted on that ground.
Any ex parte motion that is not opposed within two (2) Court days will be considered unopposed and may be granted on that ground.
Civil cases
Page 9 | Ex Parte Applications
Chambers Communication Rules
Letters, faxes, and emails prohibited unless authorized; e-file account only for specific documents.
Letters, faxes, and emails are prohibited unless otherwise authorized by the Court. The Court’s e-file email account must only be used to lodge or submit proposed orders, required trial documents, or other documents requested by the Court. It is generally not to be used for communication purposes (e.g., asking questions).
Civil cases
Page 1 | Communications with Chambers
Magistrate judge chambers must be contacted for hearing dates in referred cases.
Parties must contact the assigned magistrate judge’s chambers for hearing and scheduling dates needed for cases referred—either by operation of local rule or by order—to the magistrate judge.
Civil cases
Page 3 | Motion Hearing Dates
Ex parte request required for leave of court.
The parties must obtain leave of court by filing an ex parte request before filing any sur-replies or notices of supplemental authority.
Civil cases
Page 4 | Sur-Replies and Notices of Supplemental Authority
Meet and confer required 15 days before dispositive motion deadline.
No later than fifteen (15) days before the deadline for filing dispositive motions, all parties on the same side of the case (i.e., all defendants or all plaintiffs), must meet and confer about whether they intend to file a motion for summary judgment, and if so, the bases for that motion.
Civil cases
Page 4 | Motions and Cross-Motions for Summary Judgment
Parties must immediately notify court and magistrate judge of case settlement.
If the parties settle a case, counsel must immediately notify this Court and the magistrate judge of the settlement.
Civil cases
Page 9 | Settlement and Dismissal
Proposed pretrial order must be emailed to chambers at least 14 days before pretrial conference.
Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties lodge by email to chambers a proposed pretrial order at least fourteen (14) days before the pretrial conference.
Civil cases
Page 10 | Pretrial Conference
Parties seeking a hearing date must refer to the procedure for doing so below in Section 3B. In light of the Court’s procedure for setting motion hearing dates, telephone calls to chambers are rarely necessary. Such calls may only be made by counsel with knowledge of the case. Counsel should not call chambers with procedural questions. The Court does not give time estimates for its written rulings. Court personnel are prohibited from giving legal advice or discussing the merits of
Parties seeking a hearing date must refer to the procedure for doing so below in Section 3B. In light of the Court’s procedure for setting motion hearing dates, telephone calls to chambers are rarely necessary. Such calls may only be made by counsel with knowledge of the case. Counsel should not call chambers with procedural questions. The Court does not give time estimates for its written rulings. Court personnel are prohibited from giving legal advice or discussing the merits of
Civil cases
Page 1 | Communications with Chambers
Oral argument not permitted unless separately ordered.
PER CHAMBERS RULES, NO ORAL ARGUMENT UNLESS SEPARATELY ORDERED BY THE COURT.
Civil cases
Page 3 | Motion Hearing Dates
Chambers may not be contacted for hearing dates.
Parties intending to file a motion may not contact chambers for a hearing date.
Civil cases
Page 3 | Motion Hearing Dates
Court prefers opposing party be served and given opportunity to oppose; otherwise follow ex parte procedures.
The Court’s strong preference is for the opposing party to be served and afforded a reasonable opportunity to file an opposition. Absent extraordinary circumstances, the parties shall follow the same procedures required for ex parte applications, as set forth in Section 5 above.
Civil cases
Page 10 | Temporary Restraining Orders
Telephonic appearances only allowed in emergencies with court approval.
Telephonic appearances will be permitted only in emergency circumstances upon court approval. If a party needs to appear telephonically before this Court, he or she must contact chambers immediately upon learning of the emergency and leave a voicemail. Upon reviewing the voicemail, the Court will contact the party. Until the Court grants permission for telephonic appearance, the party needing to appear telephonically must arrange to have a colleague appear on his or her behalf.
Civil cases
Page 11 | Telephonic Appearances
Sidebar conferences are disfavored; requests outside jury's presence should be made at recess or end of day.
G. Bench Conferences. Sidebar conferences are disfavored. If counsel desire to speak to the Court outside the jury's presence, counsel may request to do so at the start of a recess or at the end of the day. Requests to see the Court outside the presence of the jury when the Court is about to begin the day of trial or reconvene following a recess generally will not be granted. These matters usually can wait until the next recess.
Criminal cases
Page 3 | G. Bench Conferences
Discovery matters go to magistrate judge; objections filed as motion under Civ. L.R. 7.1.
Counsel must contact the magistrate judge’s chambers directly for all matters pertaining to discovery. Any objection to a discovery ruling of the magistrate judge must be filed as a motion pursuant to Civil Local Rule 7.1.
Civil cases
Page 2 | Discovery
Oral argument may be requested by separate filing with explanation.
A party may request oral argument by filing a separate request that explains why oral argument would be helpful to the Court.
Civil cases
Page 3 | Motion Hearing Dates
Multiple parties must coordinate briefing to avoid duplication.
If multiple parties are moving for substantially the same relief or opposing a motion seeking substantially the same relief sought against them, and noticed for the same hearing date, counsel must make every effort to coordinate and consolidate the briefing or use the notice of joinder procedure to avoid duplication in briefing.
Civil cases
Page 3 | Proposed Orders
Multiple parties must coordinate for same hearing date.
If multiple parties are moving for substantially the same relief, they must make every effort to obtain the same hearing date for their motions.
Civil cases
Page 3 | Proposed Orders
To the extent possible, the parties shall coordinate the filings of a motion and cross motion for summary judgment so that a consolidated briefing schedule may be applied.
To the extent possible, the parties shall coordinate the filings of a motion and cross motion for summary judgment so that a consolidated briefing schedule may be applied.
Civil cases
Page 4 | Motions and Cross-Motions for Summary Judgment
Multiple parties must coordinate briefing to avoid duplication.
If multiple parties are moving for substantially the same relief or opposing a motion seeking substantially the same relief sought against them, counsel must make every effort to coordinate and consolidate the briefing or use the notice of joinder procedure to avoid duplication in briefing.
Civil cases
Page 4 | Motions and Cross-Motions for Summary Judgment
In cases involving pro se prisoners as litigants, the Court expects defense counsel and the government entity with which a defendant is associated to cooperate in facilitating the prisoner’s telephonic appearances or personal appearances for any scheduled conference, hearing, or trial.
In cases involving pro se prisoners as litigants, the Court expects defense counsel and the government entity with which a defendant is associated to cooperate in facilitating the prisoner’s telephonic appearances or personal appearances for any scheduled conference, hearing, or trial.
Civil cases
Page 10 | Pro Se Prisoner Cases
All parties must cooperate in completing the proposed pretrial order.
All parties are required to cooperate in completing the proposed pretrial order.
Civil cases
Page 10 | Pretrial Conference