Judge David C. Guaderrama
Individual Rules, Standing Orders & Policies
- Rules last changed:
Document Format Requirements2 rules
Response to Proposed Undisputed Facts must be in a three-column format: verbatim fact, undisputed/disputed status, and evidence or objection if disputed.
- Response to proposed undisputed facts
Formatting
- •Three-column format
- •Second column: state undisputed or disputed
Court's wording
The opposing party's Response to Proposed Undisputed Facts must be prepared in a three-column format, and track the movant's Proposed Undisputed Facts exactly as prepared by that party. The first column must restate the allegedly undisputed fact verbatim. The second column must state whether each numbered fact in the first column is undisputed or disputed. If a proposed undisputed fact is disputed, the third column must cite evidence supporting the assertion that there is a genuine issue for trial regarding the proposed undisputed fact, or provide a specific evidentiary objection to the evidence on which the movant relies in support of the proposed undisputed fact.
Proposed Undisputed Facts must be in a two-column format with numbered paragraphs, each addressing a single subject.
- Proposed undisputed facts
Formatting
- •Two-column format: left column for undisputed fact, right column for supporting evidence
- •Sequentially numbered paragraphs
- •Each paragraph must address a single subject concisely
Court's wording
The Proposed Undisputed Facts shall be prepared in a two-column format. The left column shall set forth the allegedly undisputed fact. The right column shall set forth the evidence that supports the factual statement. The factual statements should be set forth in sequentially numbered paragraphs. Each paragraph should contain a narrowly focused statement of fact. Each numbered paragraph should address a single subject as concisely as possible.
Document Filing Requirements6 rules
Summary judgment motions must include a Proposed Undisputed Facts document; facts are deemed admitted if not controverted.
- Document
- Motion for summary judgment
Must include
- •Proposed Undisputed Facts
Court's wording
There shall be annexed to a motion for summary judgment a document entitled 'Proposed Undisputed Facts,' which sets forth in separately numbered paragraphs a concise statement of each material fact as to which the moving party contends there is no genuine issue to be tried. All material facts set forth in said statement will be deemed admitted unless controverted by the statement required to be filed and served by the opposing party in accordance with Section A(5) of this Standing Order.
Responses to summary judgment must include a Response to Proposed Undisputed Facts in a three-column format tracking the movant's facts.
- Document
- Response to summary judgment
Must include
- •Response to Proposed Undisputed Facts
Court's wording
There shall be annexed to a response to a motion for summary judgment a document entitled 'Response to Proposed Undisputed Facts.' The opposing party's Response to Proposed Undisputed Facts must be prepared in a three-column format, and track the movant's Proposed Undisputed Facts exactly as prepared by that party. The first column must restate the allegedly undisputed fact verbatim. The second column must state whether each numbered fact in the first column is undisputed or disputed. If a proposed undisputed fact is disputed, the third column must cite evidence supporting the assertion that there is a genuine issue for trial regarding the proposed undisputed fact, or provide a specific evidentiary objection to the evidence on which the movant relies in support of the proposed undisputed fact.
Defendants must replead within 21 days of plaintiffs filing complaint, conforming to FRCP 8, 9, and 12
Court's wording
If defendant(s) filed an answer in state court, defendant(s) SHALL replead by separately filing an answer that conforms to the requirements ofFederal Rules of Civil Procedure 8,9, and 12. Defendant(s)SHALL replead within twenty-one(21)days ofthe date plaintiff(s) file their complaint.
Plaintiffs must replead within 14 days after remand deadline expires or remand is denied
Court's wording
Plaintiff(s) SHALL replead vdthm fourteen(14)calendar days ofthe expiration ofthe thirty-day deadline to file a motion to remand pursuant to 28 U.S.C. § 1447(c) or vvithin fourteen days ofthe Court's order denying a motion to remand.
If defendant(s) filed an answer in state court, defendant(s) SHALL replead by separately filing an answer that conforms to the requirements of Federal Rules of Civil Procedure 8, 9, and 12. Defendant(s) SHALL replead within twenty-one (21) days of the date plaintiff(s) file their complaint.
Plaintiffs in removed cases must replead by filing a complaint conforming to FRCP 8 and 9 within 14 days of the remand deadline expiration or denial of remand motion.
Court's wording
IT IS ORDERED that in all removed cases, plaintiff(s) SHALL replead by separately filing a complaint that conforms to the requirements of Federal Rules of Civil Procedure 8 and 9. Plaintiff(s) SHALL replead within fourteen (14) calendar days of the expiration of the thirty-day deadline to file a motion to remand pursuant to 28 U.S.C. § 1447(c) or within fourteen days of the Court's order denying a motion to remand.
Filing & Service rules
Pre-Motion Conference Requirements
Only one summary judgment motion per party is allowed without court leave.
No party may file more than one motion pursuant to Federal Rule of Civil Procedure 56, regardless of whether such motion is denominated as a partial motion for summary judgment or summary adjudication, without leave from the Court.
Page 1 | A. Motions for Summary Judgment
IT IS ORDERED that before any party files a Motion for Bill of Costs, they should first review the following applicable law. Second, they should submit their proposed bill of costs to opposing counsel for their review in light of the applicable law. Third, if there are any areas of disagreement, the parties shall meet, confer, and be prepared to compromise, making every effort to submit an "agreed" bill of costs to the Court. However, if the parties have a legitimate dispute on which they cannot agree, they shall file a motion—in accordance with Federal Rule of Civil Procedure 54 and Local Court Rule CV-54—indicating their areas of disagreement, and the Court will set a hearing at which time LEAD TRIAL COUNSEL will be ORDERED to appear and explain why they have not been able to resolve their differences.
IT IS ORDERED that before any party files a Motion for Bill of Costs, they should first review the following applicable law. Second, they should submit their proposed bill of costs to opposing counsel for their review in light of the applicable law. Third, if there are any areas of disagreement, the parties shall meet, confer, and be prepared to compromise, making every effort to submit an "agreed" bill of costs to the Court. However, if the parties have a legitimate dispute on which they cannot agree, they shall file a motion—in accordance with Federal Rule of Civil Procedure 54 and Local Court Rule CV-54—indicating their areas of disagreement, and the Court will set a hearing at which time LEAD TRIAL COUNSEL will be ORDERED to appear and explain why they have not been able to resolve their differences.
Civil cases
Page 1 | STANDING ORDER REGARDING BILL OF COSTS
Summary judgment motions may be filed before the motion cutoff but must comply with Local Rules and this Standing Order.
Parties need not wait until the motion cutoff to bring motions for summary judgment or partial summary judgment. Moreover, the Court expects that the party moving for summary judgment will strictly observe the timing requirements of the Local Rules and this Standing Order.
Page 1 | A. Motions for Summary Judgment