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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 PLAINTIFF’S NAME, Case No.
12 Plaintiff/s,
13 v. CIVIL STANDING ORDER
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DEFENDANT’S NAME,
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Defendant/s.
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1 PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THE CASE
2 AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES.
3 Plaintiff’s counsel must serve this Order immediately on all parties and/or their
4 attorney(s), including any new parties to the action. If this action came to the Court
5 through noticed removal, Defendant’s counsel must immediately serve this Order on
6 all other parties.
7 Both the Court and all counsel bear responsibility for the progress of litigation
8 in this Court. The term “Counsel,” as used in this Order, includes parties
9 appearing pro se.1 To secure the just, speedy, and inexpensive determination of
10 every action, all counsel are ORDERED to familiarize themselves with the Federal
11 Rules of Civil Procedure and the Local Rules of the Central District of California.
12 Fed. R. Civ. P. 1.
13 Unless the Court orders otherwise, the following rules apply.
14 I. GENERAL
15 Service of the Complaint
16 The plaintiff must promptly serve the complaint in accordance with Federal
17 Rule of Civil Procedure 4 and must comply with Local Rule 5-3 with respect to all
18 proofs of service.
19 Removed Actions
20 Any answers filed in state court must be e-filed in this Court, either as an
21 exhibit to the Notice of Removal or as a separate filing. Any pending motions must
22 be re-noticed in accordance with Local Rule 6-1.
23 Assignment to a Magistrate Judge
24 Under 28 U.S.C. § 636, the parties may consent to have a Magistrate Judge
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This Court does not exempt parties appearing pro se—that is, parties who are not
27 represented by an attorney—from compliance with the Federal Rules of Civil
28 Procedure or the Local Rules. See C.D. Cal. R. 1-3 and 83-2.2.3.
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1 preside over the entire case, including trial, rather than just discovery. One benefit to
2 giving such consent is that the parties almost always will be able to proceed to trial
3 sooner than on a District Judge’s calendar. Additionally, the parties are free to select
4 from among all Magistrate Judges available for this purpose and are not limited to the
5 Magistrate Judge assigned to this case. The Magistrate Judges all have experience
6 and expertise in a variety of areas, including patent and trademark litigation. If the
7 parties agree to consent to proceed before a Magistrate Judge, the parties should
8 consult the Central District’s website for the list of available Magistrate Judges and
9 should submit the appropriate consent form.2
10 Telephonic and Video Appearances.
11 The Court does not conduct telephonic hearings. By default, all hearings, with
12 the exception of hearings on motions in limine, Final Pretrial Conferences, and
13 trials, must proceed remotely by video appearance on Zoom, unless a request is
14 made by the parties to appear in person and this request is granted by the Court.
15 Requests for an in-person appearance must be filed one (1) week before the hearing
16 and must indicate that counsel has met and conferred with opposing counsel
17 consistent with Local Rule 7-3. Hearings on motions in limine, Final Pretrial
18 Conferences, and trials must be heard in person.
19 II. FILINGS
20 Electronic Filings and Proposed Orders
21 Counsel must file all civil filings pursuant to Federal Rules of Civil Procedure
22 5(d)(3) and Local Rule 5-4. Each party filing a motion, opposing a motion, or
23 seeking the determination of any matter must serve and electronically lodge a
24 proposed order setting forth the relief or action sought and a brief statement of the
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The list of available Magistrate Judges and the consent form can be found at
27 https://www.cacd.uscourts.gov/judges-requirements/court-programs/voluntary-
28 consent-magistrate-judges.
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1 rationale for the decision with appropriate citations. Counsel must file items as
2 follows:
3 Non-Signature Items: must be filed in PDF format.
4 Proposed Signature Items: must be filed as an attachment to the main
5 document in PDF format. All proposed signature items must also be
6 emailed in Microsoft Word (“Word”) format to the chambers email
7 at
[email protected] on the day the document is filed.
8 Only proposed order signature items should be emailed to the
9 chambers’ email address. Do not email other associated documents
10 and do not use this email address for communication with the Court or
11 the Clerk.
12 A template for proposed orders is available on Judge Sykes’ webpage at
13 https://apps.cacd.uscourts.gov/Jps/honorable-sunshine-s-sykes. The parties must use
14 this template. Failure to submit a proposed order via email in Word format may
15 result in the Court striking the motion, application, or stipulation without
16 consideration of the request on its merits.
17 Note for Parties Who Do Not Have an Attorney: Pro se litigants—that is,
18 parties who are not represented by an attorney—may submit documents for filing
19 through the Court’s Electronic Document Submission System (“EDSS”) instead of
20 mailing or bringing documents to the Clerk’s Office. Only internet access and an
21 email address are required. Documents are submitted in PDF format through an
22 online portal on the Court’s website. To access EDSS and for additional information,
23 visit the Court’s website at https://apps.cacd.uscourts.gov/edss.
24 Mandatory Chambers Courtesy Copies
25 All original filings are to be filed electronically pursuant to Local Rule 5.4. The
26 Court requires one (1) mandatory chambers copy of only the following filed
27 documents: motion(s) for class certification; motion(s) for preliminary approval of
28 class action; motion(s) for final approval of class action; motion(s) for summary
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1 judgment (oppositions, reply, exhibits); motion(s) for preliminary injunction
2 (oppositions, reply, exhibits); and trial documents. Courtesy Copies must contain any
3 applicable Proposed Orders and include tabs and/or dividers to separate any filings,
4 declarations, or exhibits.
5 Chambers Copies must be delivered to the “Courtesy Box” located outside of
6 Courtroom 2 on the 2nd floor at the United States District Court, 3470 12th Street,
7 Riverside, California 92501, no later than 5:00 p.m. on the first day following the
8 filing. All Mandatory Chambers Copies must comply with the document formatting
9 requirements of Local Rule 11-3, except for the blue-backing requirement of
10 Local Rule 11-4.1, which is waived. If the filing party and its counsel fail to deliver
11 a Mandatory Chambers Copy in full compliance with this Order and Local Rule 11-3,
12 the Court may, on its own motion, reschedule any related hearing and impose
13 sanctions. Pro se parties are exempt from this requirement.
14 III. REQUESTS
15 Ex Parte Applications
16 Counsel are reminded that ex parte applications are solely for extraordinary
17 relief. Applications that do not explain why ex parte relief3 is justified and/or fail to
18 satisfy the requirements established under Local Rule 7-19 will not be considered.
19 Sanctions may be imposed for misuse of ex parte applications. Counsel must include
20 a statement in the ex parte application a statement to the following effect: “This ex
21 parte application complies with Local Rule 7-19’s requirements.” The Court
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To justify ex parte relief, the moving party must make two showings: (1) “the
25 evidence must show that the moving party’s cause will be irreparably prejudiced if
the underlying motion is heard according to regular noticed motion procedures”; and
26 (2) “it must be established that the moving party is without fault in creating the crisis
that requires ex parte relief, or that the crisis occurred as a result of excusable
27 neglect.” Mission Power Eng’g Co. v. Cont’l Cas. Co., 883 F. Supp. 488, 492
(C.D. Cal. 1995).
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1 considers ex parte applications on the papers and typically does not set the matters for
2 hearing.
3 Continuances
4 Counsel requesting a continuance must lodge, prior to the date to be continued,
5 a proposed stipulation and order including a detailed declaration of the ground for the
6 requested continuance or extension of time. The Court grants continuances only upon
7 a showing of good cause, focusing on the diligence of the party seeking the
8 continuance and any prejudice that may result if the continuance is denied. Counsel
9 are required to meet and confer with opposing counsel regarding the substance of the
10 continuance before filing the anticipated request, and any request must include a
11 statement of compliance with Local Rule 7-3 (see supra VII.A). Failure to meet and
12 confer in good faith in compliance with the Local Rules and this Order may result in
13 denial of the request for continuance.
14 Stipulations to Amend
15 Parties filing an amended pleading pursuant to Federal Rule of Civil Procedure
16 15(a)(2) must file the stipulation to amend the pleading. The parties must attach to the
17 stipulation a clean and redlined version of the proposed amended pleading and a
18 proposed order. The parties’ proposed order should address any hearing affected by
19 the filing of the amended pleading.
20 Communications with Chambers
21 Counsel must not contact the Court or chambers staff by email, telephone, or by
22 any other ex parte means. Counsel may, for appropriate matters only, contact the
23 CRD via the Chambers’ email at
[email protected]. Counsel must
24 not contact the CRD regarding the status of any matter before the Court. Calls or
25 emails regarding the status of submitted motions, stipulations, or proposed orders will
26 not be returned. Counsel may determine the status of any submitted motion,
27 stipulation, or proposed order by accessing the docket sheet through PACER, which
28 can be accessed via the Central District of California’s website. Counsel must
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1 include on all papers their email address, telephone number, and fax number to
2 facilitate communication with the CRD.
3 IV. COURTROOM PROCEDURES
4 Invitation to Self-Identify Pronouns and Honorifics
5 Litigants and counsel may indicate their pronouns and honorifics by filing a
6 letter, adding the information in the name block or signature line of the pleadings, or
7 verbally informing the Court when making an appearance.
8 Courtroom Decorum
9 The Court expects everyone in the courtroom to treat each other with dignity
10 and respect. Therefore, at a minimum, the Court expects the following4:
11 Being punctual and prepared for all court appearances.
12 Speaking and writing civilly and respectfully in all communications
13 involving the Court. This includes:
14 o Referring to and addressing witnesses, counsel, parties, and court
15 personnel by their surnames, pronouns, and honorifics, unless leave to do
16 so is otherwise granted.
17 o Refraining from interrupting any other person in the courtroom when
18 someone else is speaking. The same courtesy will be returned for every
19 person.
20 o Refraining from making gestures, facial expressions, or audible
21 comments as manifestations of approval or disapproval of testimony or
22 argument.
23 Being considerate of the time constraints and pressures on the Court and
24 court staff inherent in their efforts to administer justice.
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26 For more detailed guidance, counsel are advised to refer to the Central District of
California’s Civility and Professionalism Guidelines, which can be found at
27 https://www.cacd.uscourts.gov/attorneys/admissions/civility-and-professionalism-
28 guidelines.
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1 Acting and speaking civilly to court marshals, court clerks, court reporters,
2 secretaries, and law clerks with an awareness that they too are an integral
3 part of the judicial system.
4 Guidance for Pro Se Litigants
5 Parties who represent themselves in civil litigation (i.e., appear pro se) should
6 be aware that the Court holds these parties to the same standards of conduct to which
7 it holds attorneys.
8 The following links may be helpful to those representing themselves in civil
9 matters:
10 General information on how parties may represent themselves and/or receive
11 free assistance in civil cases in the Central District of California can be
12 found at https://prose.cacd.uscourts.gov.
13 Local Civil Rules for the Central District of California can be found at
14 http://www.cacd.uscourts.gov/court-procedures/local-rules.
15 Federal Rules of Civil Procedure can be found at
16 https://www.law.cornell.edu/rules/frcp.
17 Presence of Lead Counsel
18 Lead trial counsel must attend any proceeding before this Court, including all
19 Scheduling, Pretrial, and Settlement Conferences. Failure of lead counsel to appear
20 for those proceedings is a basis for sanctions.
21 The Court has a strong commitment to fostering the development of new and
22 diverse lawyers in the legal community. Consequently, the Court strongly
23 encourages litigants to provide opportunities to less experienced lawyers or lawyers
24 whose identities and/or backgrounds further the diversity of the legal profession to
25 conduct hearings before the Court, particularly where they contributed significantly
26 to the underlying motion or prepared the witness. Of course, the ultimate decision of
27 who speaks on behalf of the client is for the client and not the Court.
28 If lead counsel decides to take advantage of this opportunity, they should notify
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1 the CRD at
[email protected] no later than the Monday before the
2 hearing.
3 Interpreter Services
4 Counsel in civil actions are responsible for arranging for the services of an
5 interpreter. The Interpreter’s Office may be reached at (213) 894-4599.
6 V. SCHEDULING
7 Scheduling Conference and Rule 26(f) Meeting of Counsel
8 The Court hears scheduling conferences on Fridays beginning at 1:00 p.m.5
9 Pursuant to Federal Rules of Civil Procedure 16(b) and 26(f), the Court will issue an
10 Order Setting a Scheduling Conference.
11 Counsel must meet no later than three (3) weeks prior to the Scheduling
12 Conference. This meeting may occur telephonically and need not occur in person. A
13 written exchange of correspondence will not satisfy this requirement.
14 Unless otherwise ordered, no later than two (2) weeks before the Scheduling
15 Conference, the parties must file a Joint Rule 26(f) Report, which must include a
16 completed Scheduling Worksheet that can be found at
17 https://apps.cacd.uscourts.gov/JpsApi/file/42a53d87-ab70-4032-9241-bd096ea59998.
18 A Joint Rule 26(f) Report which is not timely filed or does not conform with this
19 Order, Federal Rule of Civil Procedure 26(f), and applicable Local Rules will
20 interfere with preparation by the Court and its staff and may result in the assessment
21 of sanctions. The Joint Rule 26(f) Report must address the matters set forth in
22 Federal Rule of Civil Procedure 26(f), as well as those enumerated in the Court’s
23 Order Setting Scheduling Conference.
24 Settlement Conference/Alternative Dispute Resolution (“ADR”)
25 As stated in Local Rule 16-15, the parties in every action must participate in a
26 Settlement Conference or Alternative Dispute Resolution (ADR) procedure. The
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28 The Court routinely vacates these hearings absent extenuating circumstances.
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1 Court will not hold a Final Pretrial Conference or convene a trial unless and until all
2 parties, including the principals of all corporate parties, have completed ADR.
3 This Court participates in the court-directed ADR Program whereby the Court
4 refers the parties to the Magistrate Judge, the court Mediation Panel, or private
5 mediation. See General Order 11-10, § 5.1. If a Notice to Parties of Court-Directed
6 ADR Program (ADR-08) has been filed in an action, counsel must furnish and
7 discuss it with their clients in preparation for the Rule 26(f) conference. In their Joint
8 Rule 26(f) Report, counsel should state their preferred ADR procedure. The Court
9 will refer the action to a procedure at the initial scheduling conference. More
10 information about the ADR Program, the Mediation Panel, and mediator profiles is
11 available on the Central District of California’s website at
12 https://www.cacd.uscourts.gov/attorneys/adr. The parties should notify the Court if
13 they believe that further settlement or mediation would be beneficial via email to the
14 Court’s CRD at
[email protected].
15 VI. DISCOVERY
16 Compliance with Federal Rule of Civil Procedure 26(a)
17 The parties should begin to propound discovery before the Scheduling
18 Conference. The parties must comply fully with the letter and spirit of Federal Rule
19 of Civil Procedure 26(a) and produce discovery promptly. At the Scheduling
20 Conference, the Court will impose firm deadlines governing the completion of
21 discovery.
22 Discovery Matters Referred to United States Magistrate Judge
23 All discovery matters are hereby referred to the assigned Magistrate Judge, who
24 will hear all discovery disputes. The assigned Magistrate Judge’s initials follow the
25 Judge Sykes’ initials next to the action number. All discovery-related documents
26 must include the words “DISCOVERY MATTER” in the caption to ensure proper
27 routing. Counsel are directed to contact the Magistrate Judge’s CRD and must follow
28 the Magistrate Judge’s procedures to schedule matters for hearing. These procedures
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1 are stated on each Magistrate Judge’s webpage. Unless the assigned Magistrate
2 Judge explicitly waives the Mandatory Chambers Copy rule, Counsel must deliver
3 Mandatory Chambers Copies of discovery-related papers to the assigned Magistrate
4 Judge. Parties are not to deliver courtesy copies of discovery documents to Judge
5 Sykes’ chambers.
6 In accordance with 28 U.S.C. § 636(b)(1)(A), the Magistrate Judge’s decision is
7 final, and this Court will not reverse any order of the Magistrate Judge unless it has
8 been shown that the Magistrate Judge’s order is clearly erroneous and contrary to
9 law. Any party may file and serve a motion for review and reconsideration before
10 this Court. See Local Rule 72-2. The moving party must file and serve the motion
11 within two (2) weeks of service of a written ruling or an oral ruling that the
12 Magistrate Judge states will not be followed by a written ruling. The motion must
13 specify which portions of the ruling are clearly erroneous and contrary to law, and the
14 claim must be supported by points and authorities. Counsel must provide the
15 Magistrate Judge with chambers copies of the moving papers and responses.
16 VII. MOTIONS: GENERAL REQUIREMENTS
17 Meet and Confer Requirement
18 Counsel should take note of Local Rule 7-3, which requires “counsel
19 contemplating filing of any motion” to “first contact opposing counsel to discuss
20 thoroughly, preferably in person, the substance of the contemplated motion and any
21 potential resolution.” Counsel should discuss the issues sufficiently such that if a
22 motion is still necessary, the briefing may be directed to those substantive issues
23 requiring resolution by the Court. Counsel should resolve minor procedural or other
24 non-substantive matters during the conference. The Court strongly encourages the
25 parties to resolve issues during their meet and confer and, wherever possible, work to
26 cure any agreed upon deficiencies by following the amendment procedures set out in
27 Federal Rule of Civil Procedure 15. Consistent with the Ninth Circuit’s ruling in
28 Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000) (en banc), in evaluating a motion
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1 to dismiss, this Court may grant leave to amend where the Court determines that the
2 plaintiff is able to cure the deficiencies in the complaint.
3 The notice of motion or other request must include a statement of compliance
4 with the meet and confer requirements set out in Local Rule 7-3. The Court may
5 strike or deny a motion or other relief if counsel fails to meet and confer in good faith.
6 Consistent with Local Rule 7-3, the moving party’s Counsel is required to include the
7 following statement in their notice of motion: “This motion is made following the
8 conference of counsel pursuant to L.R. 7-3 which took place on (date).” In addition to
9 the previous statement, this Court requires counsel to include: (1) the names of the
10 counselor’s present at the conference, (2) when the conference was held, (3) how long
11 the conference lasted, (4) the manner in which the conference was held, (5) what
12 issues were discussed, and (6) what issues the parties were unable to resolve. The
13 parties are further advised that email correspondence alone is insufficient to satisfy
14 this requirement.
15 Under Seal Filings
16 Local Rule 79-5 governs applications to file documents under seal. Local Rule
17 79-5.2.2 explains how to apply to file under seal and how to proceed if leave is
18 granted. Parties must comply with all provisions of Local Rule 79-5.
19 There is a strong presumption of access to judicial records in civil actions. Ctr.
20 for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 2016) (citing
21 Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)).
22 For each document or other type of information a party seeks to file under seal,
23 the party must identify the factual and/or legal justification that establishes “good
24 cause” or “compelling reasons” for the information to be protected. Kamakana v.
25 City & Cnty. of Honolulu, 447 F.3d 1172, 1178–80 (9th Cir. 2006).
26 The “compelling reasons” standard applies when either the document itself or
27 the motion to which the document is attached is more than tangentially related to the
28 merits of the case. Ctr. for Auto Safety, 809 F.3d at 1096–97, 1099, 1101. When the
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1 document is attached to a motion that is unrelated or only tangentially related to the
2 merits of the case, “a party need only satisfy the less exacting ‘good cause’ standard.”
3 Id. at 1097 (citing Foltz, 331 F.3d at 1135).
4 Documents that are not confidential or privileged in their entirety should not be
5 filed under seal if the confidential portions can be redacted and filed separately with a
6 reasonable amount of effort. The parties should file a complete version of the
7 documents under seal and a redacted version for public viewing, omitting only the
8 portions that the Court has authorized to be filed under seal.
9 Sealing must be justified for each individual item. Blanket claims of
10 confidentiality will result in the application to seal being denied. Counsel are
11 strongly encouraged to consider carefully whether sealing or redaction is absolutely
12 required for a given piece of evidence or argument. An application to seal that
13 includes meritless requests to seal or redact documents will be denied. The parties
14 must also meet and confer before filing an application to seal. If the parties intend to
15 file multiple applications to seal, they are encouraged to file a joint application to seal
16 that identifies (1) the record evidence that all parties agree should be sealed and (2)
17 the record evidence each party separately desires to be sealed. All applications to
18 seal must be filed at least two weeks before the anticipated motion is filed.
19 Filing and Hearing Motions
20 Motions must be filed in accordance with Local Rule 7. This Court hears civil
21 motions on Fridays beginning at 2:00 pm. If Friday is a national holiday, motions
22 will be heard on the next Friday. It is not necessary to clear a hearing date with Judge
23 Sykes’ CRD before filing a motion, except for motions for summary judgment,
24 motions for preliminary injunction, and motions for class certification. For these
25 three motions, contact the CRD via the Court’s chambers email address at
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[email protected] to reserve a hearing date. There are limited
27 available hearings on any given date. Counsel are encouraged to reserve a date as
28 soon as possible because failure to obtain the desired date may result in an inability to
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1 file the respective motion by the schedule deadline. If the moving party fails to obtain
2 a date, the motion will be stricken for failure to notice a hearing under Local Rule 6-1.
3 For all motions, if the hearing date selected is not available, the Court will issue a
4 minute order continuing the date.
5 Length and Format of Motion Papers
6 Pursuant to Local Rule 11-6, Memoranda of Points and Authorities in support
7 of or in opposition to motions, absent leave of Court, must not exceed 7,000 words,
8 including headings, footnotes, and quotations, but excluding the caption, the table of
9 contents, the table of authorities, the signature block, the certification required by
10 Local Rule 11-6.2, and any indices and exhibits. Replies must not exceed ten (10)
11 pages. Only in rare instances and for good cause shown will the Court grant an
12 application to extend these page limitations. Pursuant to Local Rule 11-8, all
13 Memoranda of Points and Authorities exceeding ten (10) pages must be accompanied
14 by a Table of Authorities and a Table of Contents. All briefing must use Times New
15 Roman font. Text must be no less than fourteen (14) point font; footnotes must be no
16 less than twelve (12) point font.
17 Counsel must adhere to Local Rule 5-4.3 with respect to the conversion of all
18 documents to .pdf format so that when a document is electronically filed, it is in
19 proper size and is .pdf searchable. Further, all documents must be filed in a format so
20 that text can be selected, copied, and pasted directly from the document. See Local
21 Rule 5-4.3.1.
22 Voluminous Materials
23 If documentary evidence in support of or in opposition to a motion exceeds 50
24 pages, the evidence must be separately bound and tabbed and include an index. If
25 such evidence exceeds 200 pages, the documents must be placed in a three-ring
26 binder, with an index and with each item of evidence separated by a tab divider.
27 Citations to Case Law
28 Citations to case law must identify the case cited and the specific page
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1 referenced. For example, if a quotation is presented, the associated page citation must
2 be provided. Similarly, if a case is cited in support of a proposition based on language
3 in the opinion, the page on which such language appears must be provided. When
4 citing to legal databases, wherever possible cite to Westlaw rather than Lexis.
5 Bluebook style is required.
6 Citations to Other Sources
7 Statutory references must identify with specificity the sections and subsections
8 referenced. Citations to treatises, manuals, and other materials should include the
9 volume, section, and pages being referenced. Citations to prior filings in the same
10 action must include the docket entry number, section, and pages referenced.
11 Bluebook style is required.
12 Matters Under Submission
13 If the Court deems a matter appropriate for decision without oral argument, the
14 Court will take the matter under submission and notify the parties before the hearing.
15 VIII. MOTIONS: SPECIFIC REQUIREMENTS
16 Motions Pursuant to Federal Rule of Civil Procedure 12
17 Many motions to dismiss or strike can be avoided if the parties confer in good
18 faith as required by Local Rule 7-3, especially for perceived defects in a complaint,
19 answer, or counterclaim that can be corrected by amendment. See Polich v. Burlington
20 Northern, Inc., 942 F.2d 1467, 1472 (9th Cir. 1991) (noting that where a motion to
21 dismiss is granted, a district court should grant leave to amend unless it is clear the
22 complaint cannot be saved by amendment). Moreover, a party has the right to amend
23 the complaint “once as a matter of course at any time before a responsive pleading is
24 served.” Fed. R. Civ. P. 15(a). Even after a complaint has been amended or a
25 responsive pleading has been served, the Federal Rules of Civil Procedure provide that
26 leave to amend should be “freely given when justice so requires.” Fed. R. Civ. P.
27 15(a). Indeed, the Ninth Circuit requires that this policy favoring amendment be
28 applied with “extreme liberality.” Morongo Band of Mission Indians v. Rose, 893 F.2d
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1 1074, 1079 (9th Cir. 1990).
2 Consequently, parties should carefully consider and weigh an opponent’s
3 contentions as to the deficiencies in a pleading. The Court expects that, in most
4 instances, the parties will agree to any amendment that would cure the defect.
5 Motions to Amend
6 In addition to the requirements of Local Rule 15-1, all motions to amend
7 pleadings must: (1) state the effect of the amendment; (2) be serially numbered to
8 differentiate the amendment from previous amendments; and (3) identify the pages,
9 line numbers, and wording of any proposed change or addition of material.
10 Counsel must file a “Notice of Lodging” attaching the proposed amended
11 pleading as a document separate from the motion, as well as a “redlined” version of
12 the proposed amended pleading identifying all additions and deletions of material as
13 an appendix to the moving papers. An additional copy of the redlined pleading must
14 be provided to Chambers by email at
[email protected] on the same
15 day that the amended pleading is filed electronically. This paragraph applies equally
16 to complaints, answers, cross-complaints, supplemental pleadings, and amendments
17 made as a matter of right pursuant to Federal Rule of Civil Procedure 15(a)(1).
18 Absent a showing of good cause, failure to comply with this paragraph will result in
19 the Court striking the amended pleading.
20 Motions for Default Judgment
21 Motions for Default Judgment wherein some, but not all, of the named
22 defendants are alleged to have defaulted must be noticed for the same hearing date
23 as the Parties’ Final Pretrial Conference and filed in accordance with the motion
24 requirements described in the Local Rules. L.R. 7-3, 7-9, 7-10. Moreover, parties
25 are expected to substantively and clearly address the factors outlined in Eitel v.
26 McCool, 782 F.2d 1470, 1471 72 (9th Cir. 1986).
27 Any Motion for Default Judgment must be accompanied by a detailed
28 proposed order that the Court can adopt. Any proposed order must set forth the
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1 relief or action sought and a brief statement of the rationale for the decision with
2 appropriate citations. In addition, a copy of the proposed order in Word format must
3 be emailed to Chambers on the day the document is filed.
4 Motions in Limine
5 Motions in limine must be scheduled for hearing one (1) week before the Final
6 Pretrial Conference date as detailed in the Scheduling Worksheet. The Court does
7 not allow parties to file a Reply in Support of their Motions in limine, and any Reply
8 filed to that effect shall be stricken.
9 Parties do not need to submit Motions in limine if trial proceedings take place
10 through a bench trial rather than a jury trial. The Court shall resolve any evidentiary
11 issues raised by the parties either at the Final Pretrial Conference, or at a later time
12 during the bench trial.
13 Motions for Class Certification
14 If the action is a putative class action, the parties are to act diligently and begin
15 pre-certification discovery immediately, so that the motion for class certification can
16 be filed expeditiously. All merits discovery is hereby stayed until further order of
17 the Court. This Court requires an extended briefing schedule for motions for class
18 certification as set forth below:
19 Motions for Class Certification: Must be filed at least 7 weeks before the
20 hearing date.
21 Opposition: Must be filed at least 5 weeks before the hearing date.
22 Reply: Must be filed at least 4 weeks before the hearing date.
23 The above briefing schedule is the default. The parties may stipulate to a
24 modified schedule that is reasonable for all parties. Any briefing schedule must
25 provide the Court at least 4 weeks between the reply deadline and the hearing date.
26 Summary Judgment Motions
27 No party may file more than one (1) motion pursuant to Federal Rule of Civil
28 Procedure 56, regardless of whether such motion is denominated a motion for
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1 summary judgment or summary adjudication, without leave of the Court. The parties
2 must not attempt to evade the page limitations for briefs by filing multiple motions.
3 If a party believes this is one of the rare instances in which good cause exists for
4 more than one motion for summary judgment or to increase page limits, the party
5 must seek leave by noticed motion setting forth a detailed showing of good cause.
6 Pursuant to Federal Rule of Civil Procedure 56(f), when appropriate, based on
7 undisputed facts and controlling principles of law, the Court may sua sponte enter
8 summary judgment in favor of the non-moving party.
9 The Court does not generally entertain cross-motions that seek to adjudicate the
10 same legal issues. If parties wish to cross-move for summary judgment, counsel
11 must meet and confer to discuss the substance of the anticipated motions and which
12 party will move and which will oppose the single motion for summary judgment. To
13 cross-move for summary judgment, the parties must file a stipulation explaining why
14 cross motions are beneficial and expeditious.
15 Parties need not wait until the motion cutoff date to bring motions for summary
16 judgment or partial summary judgment. The hearing on any such motion must be set
17 for a date in advance of the Final Pretrial Conference. This Court requires an
18 extended briefing schedule for motions for summary judgment, as set forth below:
19 Motions for Summary Judgment: Must be filed at least seven (7) weeks
20 before the hearing date.
21 Opposition: Must be filed at least five (5) weeks before the hearing date.
22 Reply: Must be filed at least four (4) weeks before the hearing date.
23 The above briefing schedule is the default. The parties may stipulate to a
24 modified schedule that is reasonable for all parties. Any briefing schedule must
25 provide the Court at least 4 weeks between the reply deadline and the hearing date.
26 The parties should prepare papers in a fashion that will assist the Court in
27 processing and analyzing the volume of material (e.g., tables of contents, headings,
28 indices, bookmarks in electronic documents, pinpoint citations, etc.). The parties
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1 must comply with Local Rules 56-1 and 56-2, in addition to the Court’s additional
2 requirements described below.
3 1. Statements of Uncontroverted Facts and Genuine Disputes
4 The separate statement of uncontroverted facts required under Local Rule 56-1
5 must be prepared in a two-column table, as shown below. The left column sets forth
6 the allegedly undisputed fact. The right column sets forth the evidence that supports
7 the factual statement. The factual statements should be set forth in sequentially
8 numbered paragraphs. Each paragraph should contain a narrowly focused statement
9 of fact. Each numbered paragraph should address a single subject as concisely as
10 possible.
11 Undisputed Fact Evidence
12 1. Mike and Jane signed a contract for Smith Decl. (Dkt. No. 61-2) ¶ 5,
the sale and purchase of property. Ex. 6.
13
2. Jane mailed the contract in May Smith Decl. ¶ 8, Ex. 21.
14 2017.
15 The “Conclusions of Law” portion of the statement should be inserted after the
16 statement of uncontroverted facts. For example: “Plaintiff’s Claim for _____ Is
17 Barred by the Applicable Statute of Limitations.”
18 The opposing party’s statement of genuine disputes of material fact must be in
19 two columns and track the moving party’s separate statement exactly as prepared.
20 The left column must restate the allegedly undisputed fact and the right column must
21 state either that it is undisputed or disputed. The opposing party may dispute all or
22 only a portion of the statement, but if disputing only a portion, it must clearly indicate
23 what portion is being disputed, followed by a brief citation to the opposing party’s
24 evidence controverting the fact. To demonstrate that a fact is disputed, the opposing
25 party must briefly state why it disputes the moving party’s asserted fact, cite to the
26 relevant exhibit or other evidence, and describe the reason(s) the exhibit or evidence
27 refutes the asserted fact. No legal argument should be set forth in this document. For
28 example:
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1 Allegedly Undisputed Fact and Disputed/Undisputed Fact
Evidence and Evidence
2 1. Mike and Jane signed a contract for Disputed. Jane testified that the
3 the sale and purchase of property. contract was for a lease, not a
Smith Decl. (Dkt. No. 61-2) ¶ 5, Ex. 6. purchase. Jane Depo. (Smith
4 Decl. Ex. 4) at 29:4-16.
5 2. Jane mailed the contract in May Disputed as to date. Jane testified
2017. Smith Decl. ¶ 8, Ex. 21. she mailed the contract in June
6 2017. Jane Depo. at 3:4-10.
7
The opposing party may submit additional material facts that bear on or relate
8
to the issues raised by the moving party, which must follow the format described
9
above for the moving party’s separate statement. These additional facts must continue
10
in sequentially numbered paragraphs with the evidence that supports each statement
11
set forth in the right column.
12
With its reply, the moving party must file a response to the statement of genuine
13
disputes of material fact and additional material facts. For each fact, the response
14
must restate the allegedly undisputed fact and state whether the fact is disputed or
15
undisputed by the opposing party. If the fact is undisputed, no further response is
16
required.
17
If the fact is disputed, the response must restate the opposing party’s evidence
18
and reason for disputing the asserted fact. The moving party may provide a response
19
to the opposing party’s reason for dispute, including any reason why the evidence
20
cited by the opposing party does not create a genuine dispute and/or any additional
21
evidence relevant to the asserted fact. This response may either be presented in three
22
columns, with the response appearing in the right column, or in two columns, with a
23
response provided below each fact.
24
The response may also include any response to additional material facts
25
asserted by the non-moving party, and this response must follow the format described
26
above for the statement of genuine disputes of material fact. The response to these
27
additional facts must continue in sequentially numbered paragraphs and must not
28
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1 restart the numbering.
2 All facts asserted by either party, whether disputed or undisputed, and all
3 supporting evidence cited, must be included in the response. Do not repeat
4 descriptions of and citations to the evidence. If you have already described and cited
5 the evidence once, simply refer to the earlier citation succinctly (e.g., “See supra,
6 Fact #1.”).
7
8 2. Supporting Evidence
9 No party must submit evidence other than the specific items of evidence or
10 testimony necessary to support or controvert a proposed statement of undisputed fact.
11 For example, entire deposition transcripts, entire sets of interrogatory responses, and
12 documents that do not specifically support or controvert material in the separate
13 statement must not be submitted in support of or in opposition to a motion for
14 summary judgment.
15 Evidence submitted in support of or in opposition to a motion for summary
16 judgment should be submitted either by way of stipulation or as exhibits to
17 declarations sufficient to authenticate the proffered evidence and should not be
18 attached to the memorandum of points and authorities. Documentary evidence for
19 which there is no stipulation regarding foundation must be accompanied by the
20 testimony, either by declaration or properly authenticated deposition transcript, of a
21 witness who can establish authenticity.
22 3. Objections to Evidence
23 If a party disputes a fact based in whole or in part on an evidentiary objection,
24 the ground for the objection should be stated succinctly in a separate statement of
25 evidentiary objections in a two-column format. The left column should identify the
26 items objected to (including page and line number if applicable) and the right column
27 should set forth a concise objection (e.g., hearsay, lack of foundation, etc.) with a
28 citation to the Federal Rules of Evidence or, where applicable, a case citation. A
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1 proposed order must be filed and attached to the evidentiary objections as a separate
2 Word document consistent with Local Rule 52-4.1 and emailed directly to the
3 Court’s chambers email address at
[email protected].
4 IX. OTHER MATTERS
5 ERISA Cases (Benefits Claims)
6 The Court will hear motions to determine the standard of review, whether
7 discovery will be permitted, and the scope of the administrative record. Counsel are
8 discouraged from filing motions for summary judgment or partial summary judgment
9 on any other issue. If they choose to do so, they must distinguish Kearney v.
10 Standard Insurance Co., 175 F.3d 1084, 1093-95 (9th Cir. 1999) (en banc) in the
11 moving papers and explain why summary judgment is not precluded. The parties
12 may receive an Order Setting a Scheduling Conference as a matter of course.
13 Because the ordinary pretrial and trial schedule does not apply to these ERISA cases,
14 the parties need only submit a Joint Status Report identifying any special issues that
15 should be considered. The parties should proceed with the preparation of the
16 administrative record and briefing without delay upon service of the complaint. A
17 court trial, ordinarily limited to oral argument on the administrative record, will be
18 scheduled within six (6) months from the filing of the original complaint, unless good
19 cause for additional time is shown in the status report. If the Court concludes that the
20 decision would not benefit from oral argument, the matter may be submitted for
21 decision on the paper.
22 Bankruptcy Appeals
23 Counsel must comply with the Notice Regarding Appeal from Bankruptcy
24 Court issued at the time the appeal is filed in the District Court. The matter is
25 deemed under submission on the filing of the appellant’s reply brief. The Court
26 considers bankruptcy appeals on the papers and usually does not set these matters for
27 hearing.
28
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1 Jury Instructions
2 Unless otherwise indicated, the Court adopts the Ninth Circuit Court of Appeals
3 Model Civil Jury Instructions as well as the Judicial Council of California’s Civil
4 Jury Instructions (CACI). Should any party seek to modify any jury instructions,
5 Counsel must file either a Stipulation or Motion to Modify Jury Instructions,
6 attaching the proposed jury instructions as a document separate from the Stipulation
7 or Motion, as well as a “redlined” version of the proposed jury instructions against
8 the Model Civil Jury Instructions or CACI. The redlined version must identify all
9 additions and deletions of material as an appendix to the moving papers. An
10 additional copy of the redlined version must be provided to Chambers by email at
11
[email protected] on the same day that the Stipulation or Motion is
12 filed electronically.
13 X. CONSEQUENCES FOR NON-COMPLIANCE
14 If, without satisfactory explanation, counsel fail to file the required Joint Rule
15 26(f) Report or the required pretrial documents, fail to appear at any scheduled
16 proceeding, or otherwise fail to comply with the Court’s orders or rules, the Court
17 must take any action it deems appropriate, including:
18 Where the failure occurs on the part of the plaintiff, dismissal of the case for
19 failure to prosecute;
20 Where the failure occurs on the part of the defendant, striking the answer
21 resulting in default; and/or
22 Imposing monetary sanctions against the offending party and counsel.
23
24 IT IS SO ORDERED.
25 Dated:
26 ______________________________
27 SUNSHINE S. SYKES
United States District Judge
28
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