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9 UNITED STATES DISTRICT COURT
10 CENTRAL DISTRICT OF CALIFORNIA
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NS INT'L TEXTILES Case No. 2:18−cv−00096−SJO−AFM
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Plaintiff(s),
13 STANDING ORDER
v. FOR NEWLY
14 ASSIGNED CIVIL CASES
FASHION MAGAZINE, INC. , et al.
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Defendant(s).
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20 READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE
21 AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES.
22 This case has been assigned to United States District Judge Wesley L. Hsu.
23 Both the Court and all counsel bear responsibility for the progress of litigation in
24 this Court. “Counsel,” as used in this Order, includes attorneys and parties who
25 have elected to appear without an attorney and are representing themselves in
26 this civil litigation (hereinafter referred to as “Pro Se Litigants”). To secure the
27 just, speedy, and inexpensive determination of every action, all Counsel−
28 including Pro Se Litigants−are ordered to comply with this Order, the Federal
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1 Rules of Civil Procedure, and the Local Rules of the Central District of California.
2 See L.R. 1-3; L.R. 83-2.2.3; Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995)
3 (holding that “[f]ailure to follow a district court’s local rules is a proper ground for
4 dismissal”).
5 A. GENERAL REQUIREMENTS
6 1. Service of Order. Counsel for the plaintiff must immediately serve
7 this Order on all parties, including any new parties to the action. If this case was
8 removed from state court, the defendant that removed the case must serve this
9 Order on all other parties.
10 2. Pro Se Litigants. Only individuals may represent themselves. A
11 corporation or other entity must be represented by counsel. If counsel seeks to
12 withdraw, counsel must advise the entity of the dire consequences of failing to
13 obtain substitute counsel before seeking withdrawal−i.e., a plaintiff entity’s
14 case will be dismissed or a defendant entity will default. See L.R. 83-2.3.4. The
15 following links may be helpful to Pro Se Litigants: (a) General information on
16 how parties may represent themselves in civil cases in the Central District of
17 California can be found at https://www.prose.cacd.uscourts.gov/; (b) Local Civil
18 Rules for the Central District of California can be found at
19 https://www.cacd.uscourts.gov/court-procedures/local-rules; (c) Federal Rules of
20 Civil Procedure can be found at https://www.law.cornell.edu/rules/frcp.
21 3. Presence of Lead Trial Counsel. Lead trial counsel shall attend all
22 proceedings set by this Court, including scheduling, settlement, and pretrial
23 conferences, as well as trials. Lead trial counsel must be prepared to address and
24 resolve all matters within the scope of the proceeding. Only one attorney for a
25 party may be designated as lead trial counsel unless otherwise permitted by the
26 Court. If a second lead trial counsel is permitted by the Court, both counsel must
27 attend the pretrial conference. Believing that young lawyers need more
28 opportunities for appearances than they usually receive, the Court encourages lead
2.
1 trial counsel to permit junior counsel, of five or fewer years out of law school, to
2 fully participate in Court proceedings, including arguing motions and examining
3 witnesses.
4 4. Counsel Calendar Conflicts. If any counsel discovers a calendar
5 conflict with a scheduled appearance, counsel must inform opposing counsel and
6 the Court’s Courtroom Deputy (CRD) via Chambers email at
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[email protected] as soon as possible and not later than three
8 (3) days before the scheduled appearance. Counsel should attempt to agree on a
9 new date to accommodate the calendar conflict. Counsel must propose a new date
10 by Stipulation and Proposed Order. A “Notice of Unavailability” has no legal effect
11 and should not be filed. The Court expects that counsel will conduct themselves
12 professionally and will not deliberately schedule any proceeding when counsel are
13 unavailable.
14 5. Communications with Chambers. Neither counsel nor a party
15 shall initiate contact with the Court or its Chambers staff by telephone, or by any
16 other improper ex parte means. Counsel may contact the CRD with appropriate
17 inquiries. Contacting the CRD to inquire about the status of a ruling or to continue
18 a proceeding is not appropriate. The preferred method of communication with the
19 CRD is by email at
[email protected]. Counsel must copy all
20 parties on any such email. To facilitate communication with the CRD, counsel
21 should list their email addresses along with their telephone numbers on all papers.
22 6. Civility. All counsel who appear in this action must immediately
23 review and comply with the Civility and Professionalism Guidelines, which can
24 be found on the Court’s website at https://www.cacd.uscourts.gov/attorneys/
25 admissions/civility-and-professionalismguidelines. The Court expects everyone in
26 the courtroom to treat each other with dignity and respect. At a minimum, the
27 Court expects the following from counsel: (1) being punctual and prepared for all
28 court appearance; (2) being civil and respectful in all oral and written
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1 communications with the Court and other parties; (3) being civil and respectful to
2 court personnel, including the CRD, court reporters, law clerks, and marshals;
3 (4) refraining from interrupting any person in the courtroom when that person
4 is speaking; (5) refraining from making gestures, facial expressions, or audible
5 comments indicating approval or disapproval of testimony or argument; and
6 (6) being considerate of the time constraints and pressures on the Court and
7 court staff inherent in their efforts to administer justice.
8 B. PLEADINGS REQUIREMENTS
9 1. Service of the Complaint. The plaintiff(s) shall promptly serve the
10 Complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service
11 pursuant to Fed R. Civ. P. 4(l). Any defendant(s), including “DOE” or fictitiously-
12 named defendant(s), not served within ninety (90) days after the case is filed shall
13 be dismissed pursuant to Fed. R. Civ. P. 4(m) and by operation of this Order
14 without further notice, unless plaintiff requests and justifies the need for additional
15 time in the joint report and the Court grants an extension.
16 2. Removed Actions. Any Answers filed in state court must be refiled
17 in this Court as a supplement to the Notice of Removal. Any pending motions must
18 be re-noticed in accordance with L.R. 7. If an action removed to this Court contains
19 a form pleading, i.e., a pleading in which boxes are checked, the party or parties
20 that filed the form pleading must file in this Court within thirty (30) days of
21 receipt of the Notice of Removal a revised pleading that complies with Fed. R. Civ.
22 P. 7, 7.1, 8, 9, 10 and 11. An amended complaint filed within thirty (30) days after
23 removal to replace a form complaint pursuant to this instruction shall be deemed
24 an amended complaint with “the court’s leave” pursuant to Fed. R. Civ. P. 15(a)(2).
25 3. Status of Fictitiously Named Defendants.
26 (a) Plaintiff must identify and serve any fictitiously named or “Doe”
27 defendant(s) before the deadline set forth in the Court’s Order Setting Scheduling
28 Conference.
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1 (b) Before moving to substitute a defendant for a Doe defendant,
2 plaintiff must seek the consent of counsel for all defendants, including counsel for
3 a represented Doe defendant. If denied consent, plaintiff must file a regularly
4 noticed motion. In diversity cases, plaintiff’s motion must address whether the
5 addition of the newly named party destroys diversity jurisdiction. See 28 U.S.C.
6 § 1447(c), (e).
7 C. FILING REQUIREMENTS
8 1. Electronic Filing. Pursuant to Fed. R. Civ. P. 5(d)(3), L.R. 5-4,
9 and General Order 10-07, counsel shall electronically file (“e-file”) all filings.
10 Items that do not require the Court’s signature shall be e-filed in pdf format.
11 Proposed orders shall be e-filed in pdf format as an attachment to the main
12 documents. Pro Se Litigants may submit documents for filing through the Court’s
13 Electronic Document Submission System (“EDSS”) instead of mailing or bringing
14 documents to the Clerk’s Office. Only internet access and an email address are
15 required. Documents are submitted in PDF format through an online portal on the
16 Court’s website. To access EDSS and for additional information, visit the Court’s
17 website at https://apps.cacd.uscourts.gov/edss.
18 2. Documents with Declarations, Exhibits, and other Attachments.
19 If a filed or lodged document has declarations, exhibits, or other attachments, each
20 attachment must be filed as a separately docketed attachment to the main docket
21 entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration, 29-2
22 Ex. 1 - License Agreement, 29-3 Request for Judicial Notice). The Court may
23 strike or decline to consider motions, stipulations, or other documents with
24 attachments that are not filed in accordance with this Order.
25 3. Proposed Orders.
26 (a) Proposed Orders Must be Lodged and Served. Each party
27 filing or opposing a motion or seeking the determination of any matter shall serve
28 and lodge a proposed order setting forth the relief or action sought and a brief
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1 statement of the rationale for the decision with appropriate citations.
2 (b) Use Applicable Templates. Use the Proposed Order Template
3 located on the Court’s website under “Orders & Additional Documents” at the
4 bottom of Judge Hsu’s webpage
5 (https://apps.cacd.uscourts.gov/Jps/honorable−wesley−l−hsu). Failure to do so may
6 result in the striking of the request. Proposed orders must be on pleading paper.
7 Proposed orders should NOT contain any of the following: (1) attorney names,
8 addresses, etc. on the caption page; (2) a footer with the document name or
9 other information; or (3) a watermark or designation of the firm name. Proposed
10 orders should be formatted in the same fashion as motions.
11 (c) Email Proposed Orders to Chambers. The Court enforces
12 strict compliance with L.R. 5-4.4.2, which instructs: “After a document requiring
13 a judge’s signature has been lodged in accordance with L.R. 5-4.4.1 . . . ,
14 a Microsoft Word copy of the proposed document, along with a PDF copy of the
15 electronically filed main document, shall be e-mailed to the assigned judge’s
16 generic chambers e-mail address using the CM/ECF System,” namely,
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[email protected]. The Court will not consider a stipulation,
18 ex parte application, or other request for relief until a compliant proposed order
19 is received by email. If the proposed order is based on a stipulation or an ex parte
20 application, counsel must email both the order and the stipulation or ex parte
21 application. Otherwise, accompany documents (such as motions) should not be
22 emailed to Chambers.
23 4. Mandatory Chambers Copies.
24 (a) Motions, Pleadings, and Trial Documents. The parties must
25 provide one (1) Mandatory Chambers Copy only of Motions for Summary
26 Judgment filings the 26(f) Report and any post-trial motion filings. Please do not
27 send paper copies of any other documents unless requested by the Court.
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1 (b) Delivery Location, Timeliness, and Form. All Mandatory
2 Chambers Copies must be delivered to Judge Hsu’s Chambers copy box, which
3 is located outside of the Clerk’s Office on the fourth floor of the Felicitas and
4 Gonzalo Mendez United States Courthouse. Mandatory Chambers Copies must be
5 delivered no later than 12:00 p.m. (noon) the following business day after the
6 document is electronically filed. Mandatory chambers copies must be printed from
7 CM/ECF, and must include: (1) the CM/ECF-generated header (consisting of the
8 case number, document control number, date of filing, page number, etc.) at the
9 top of each page; and (2) the Notice of Electronic Filing (see L.R. 5-3.2.1) as the
10 last page of the document. L.R. 5-4.5. Mandatory Chambers Copies need not be
11 bluebacked. For security reasons, do not leave chambers copies in envelopes
12 or folders.
13 (c) Mandatory Chambers Copy Exhibits. All exhibits should be
14 separated by a tab divider on the right or bottom of the document. If the evidence
15 exceeds 50 pages, the Mandatory Chambers Copy must: (1) include a table of
16 contents; and (2) be in a tabbed binder with each exhibit separated by a tab divider
17 on the right or the bottom. All documents in the binder must be three-hole punched,
18 preferably with a larger hole size (13/32”), rather than the standard hole size
19 (9/32”) to facilitate ease of review. If the evidence exceeds 200 pages, the table of
20 contents and evidence must be placed in a Slant D-Ring binder. Binders should be
21 no larger than 4 inches. Binders must have both a cover sheet and a spine label that
22 includes the case name, case number, and a description of the contents.
23 5. Filings Under Seal.
24 (a) Local Rule 79-5. L.R. 79-5 governs applications to file under
25 seal. Parties must comply with all sections of L.R. 79-5. There is a “strong
26 presumption of access to court records” in civil cases. Foltz v. State Farm Mut.
27 Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). For each document or
28 other type of information a party seeks to file under seal, the party must identify
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1 and discuss the factual and/or legal justification that establishes “good cause” or
2 “compelling reasons” for the document’s protection. Kamakana v. City and Cnty.
3 of Honolulu, 447 F.3d 1172, 1179-80 (9th Cir. 2006).
4 (b) Redacted Version and Unredacted Version. Documents that
5 are not confidential or privileged in their entirety should not be filed under seal
6 if the confidential portions can be redacted and filed separately with a reasonable
7 amount of effort. The parties should file an unredacted version of the document
8 under seal, and a redacted version for public viewing, omitting only the portions
9 that the Court has ordered may be filed under seal.
10 (c) Justification. Sealing must be justified for each individual item;
11 blanket claims of confidentiality will result in the application to seal being denied.
12 Counsel is strongly encouraged to consider carefully whether sealing or redaction
13 is required for a given piece of evidence or argument. An application to seal that
14 includes clearly meritless requests to seal or redact documents may be denied in its
15 entirety. The parties must also meet and confer before filing an application to seal.
16 D. CONSENT TO MAGISTRATE FOR ENTIRE CIVIL CASE
17 The parties may consent to have a Magistrate Judge preside over the entire
18 civil case, including trial, rather than just discovery. One benefit to giving such
19 consent is that the parties almost always will be able to proceed to trial sooner than
20 on a District Court Judge’s calendar. Additionally, the parties are free to select
21 from among all Magistrate Judges available for this purpose, not just the Magistrate
22 Judge assigned to the parties’ case. The Magistrate Judges have experience and
23 expertise in a variety of areas, including patent and trademark litigation. If the
24 parties agree to consent to proceed before a Magistrate Judge, the parties should
25 consult the Central District website for the list of available Magistrate Judges and
26 should submit the appropriate consent form.
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8.
1 E. DISCOVERY
2 1. Magistrate Judge Referral for All Discovery Matters. All
3 discovery matters are referred to the assigned United States Magistrate Judge. The
4 Magistrate Judge’s initials follow the Judge’s initials next to the case number. All
5 documents relating to discovery matters must include the words “DISCOVERY
6 MATTER” in the caption to ensure proper routing. Counsel should not deliver
7 chambers copies of discovery matters. Counsel must follow the Magistrate Judge’s
8 procedures for scheduling matters for hearing. These procedures are stated on each
9 Magistrate Judge’s webpage.
10 2. Limited District Court Review of Discovery Matters. The decision
11 of the Magistrate Judge on all discovery matters shall be final, subject to limited
12 review requiring a showing that the decision is clearly erroneous or contrary to
13 law. See 28 U.S.C. § 636(b)(1)(A). Any motion for review of a Magistrate Judge’s
14 decision must be noticed before the District Court Judge within fourteen (14) days
15 of service of the Magistrate Judge’s written ruling, or within fourteen (14) days of
16 an oral ruling that the Magistrate Judge states will not be followed by a written
17 ruling. The motion must specify which portions of the ruling are clearly erroneous
18 or contrary to law, and the claim must be supported by points and authorities.
19 Counsel shall provide the Magistrate Judge chambers copies of the moving papers
20 and responses.
21 3. Timing of Discovery. Unless there is a likelihood that, upon motion
22 by a party, the court would order that discovery be stayed, the parties should begin
23 to propound discovery before the Scheduling Conference. The parties must comply
24 fully with the letter and spirit of Fed. R. Civ. P. 26(a) and produce discovery
25 promptly. At the Scheduling Conference, the court will impose firm deadlines
26 governing the completion of discovery.
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9.
1 4. Discovery Protective Orders. Proposed protective orders for
2 discovery must be submitted to the assigned Magistrate Judge. Such orders should
3 not purport to allow, without further order of the Court, the filing under seal of
4 pleadings or documents filed in connection with a dispositive motion, a class
5 certification motion, or trial before the Court. The existence of a protective order
6 does not alone justify the filing of pleadings or other documents under seal, in
7 whole or in part.
8 F. SCHEDULING CONFERENCE
9 Pursuant to Fed. R. Civ. P.16(b), the Court will issue an Order Setting
10 Scheduling Conference. The parties are required to strictly comply with Fed. R.
11 Civ. P. 16 and 26, as well as this Court’s Orders.
12 G. MOTIONS − GENERAL REQUIREMENTS APPLICABLE TO ALL
13 MOTIONS
14 1. Local Rule 7-3 Pre-Filing Meet and Confer Requirement.
15 (a) Scope. The Court strictly enforces L.R 7-3, which requires
16 counsel to engage in a prefiling conference “to discuss thoroughly . . . the
17 substance of the contemplated motion and any potential resolution.” This
18 requirement applies in all cases, including those with Pro Se Litigants. This Court
19 requires parties through Counsel to meet and confer about any potentially disputed
20 matter (except those identified in L.R. 7-3 and 16-12) before presenting it to the
21 Court, including requests to continue any matter, applications to file under seal,
22 and other filings seeking a court order. The purpose of meeting and conferring
23 is to attempt to obviate the need for a motion and thus avoid unnecessary Court
24 intervention. If the parties are unable to fully resolve the dispute, they shall
25 attempt to narrow the scope of contested issues. Counsel must meet and confer
26 in good faith.
27 (b) Method. Parties must meet and confer either by videoconference
28 or in person. Email correspondence is insufficient.
10.
1 (c) Compliance Statement Required. The moving party must
2 include in the signed notice of motion a truthful representation of full compliance
3 with L.R. 7-3, stating that the parties “thoroughly discussed the substance and
4 potential resolution of the filed motion [by videoconference or in person].”
5 (d) Non-Compliance. If an opposing party refuses to participate
6 in good faith, the moving party shall explain the refusal in detail. Failure by any
7 party to comply in good faith with the “meet and confer” requirement may result in
8 an order to show cause re: sanctions−including, as appropriate, striking or denying
9 the motion, deeming the motion unopposed, and/or awarding monetary sanctions.
10 2. Scheduling Motions Hearings. Motions must be filed in accordance
11 with L.R. 6 and 7. Judge Hsu hears civil motions on Fridays beginning at 1:30 p.m.
12 It is not necessary to clear a hearing date with the CRD before filing a motion.
13 Immediately before filing the motion, parties must check the closed motion dates
14 column located on the right side of Judge Hsu’s Procedures and Schedules Pages
15 on the Court’s website to make sure the hearing date has not been closed. The
16 close date column is typically updated on a weekly and sometimes daily basis.
17 If a motion is noticed for a date that is not available, the Court may strike or
18 reset the motion.
19 3. Briefing Schedule. To allow Chambers enough time to prepare, the
20 parties must adhere to the briefing schedule set forth in L.R. 7-9 and 7-10 for all
21 motions, except Rule 56 motions. For Rule 56 motions, the parties should review
22 and comply with Judge Hsu’s Standing Order for Motions for Summary Judgment,
23 which include joint briefing requirements. The parties’ Joint Brief must be filed no
24 later than six (6) weeks before the scheduled hearing date. In patent cases, the
25 parties should review and comply with Judge Hus’s Standing Order regarding
26 Patent Cases. When scheduling motion hearing dates, professional courtesy
27 dictates that the parties should accommodate each other’s schedules, including
28 vacation and holiday schedules, whenever possible.
11.
1 4. Length and Format of Motion Papers. Memoranda of points and
2 authorities in support of or in opposition to motions (besides motions in limine)
3 shall not exceed 7,000 words. Replies shall not exceed 4,000 words. These page
4 counts include headings, footnotes, and quotations but exclude the caption, the
5 table of contents, the table of authorities, the signature block, the certification
6 required by L.R. 11-6.2, and any indices and exhibits. Only rarely and for good
7 cause shown will the Court grant an application to extend these word count
8 limitations. Pursuant to L.R. 11-3.1.1, either a proportionally spaced or
9 monospaced face may be used. Typeface shall comply with L.R. 11-3.1.1. Times
10 New Roman font must be no less than 14 point; Courier font must be no less than
11 12 point. Footnotes shall be in the same font and the same size as the body of the
12 memorandum. Counsel shall adhere to L.R. 5-4.3 with respect to the conversion
13 of all documents to .pdf format so that when a document is electronically filed,
14 it is in proper size and is .pdf searchable. Further, all documents shall be filed in
15 a format so that text can be selected, copied, and pasted directly from the
16 document. See L.R. 5-4.3.
17 5. Limitations on Briefing.
18 (a) Notice of Supplemental Authority. No supplemental briefs may
19 be filed without prior leave of court. Parties, however, may file a Notice of
20 Supplemental Authority after submitting their brief but before the Court has issued
21 a final decision to provide the Court with a recently decided case that is either
22 persuasive or controlling authority. The Notice of Supplemental Authority must
23 only contain the case(es) or citation(s) that the parties request that the Court
24 consider but shall not include any substantive arguments unless leave to do so
25 has been granted.
26 (b) Certificate of Compliance. A certificate of compliance is
27 required for every brief filed before this Court as set forth in Local Rule 11-6.2.
28 The certificate of compliance must contain a word count, which complies with
12.
1 the above-mentioned word limitations discussed in Section G.4. Failure to
2 include the certification of compliance and/or word count may result in the motion
3 being stricken.
4 6. Citations to Authority. Statutes should be cited in accordance with
5 the Bluebook. Citations that support a statement in the main text must be included
6 in the main text, not in footnotes.
7 (a) Case Citations. Case citations must identify both the case cited
8 and the specific page referenced. Parties should not use string cites without a good
9 reason. When using string cites, a party should include a parenthetical explanation
10 for each cited case. When citing to legal databases (which is not encouraged), cite
11 to Westlaw whenever possible.
12 (b) Statutory References. Statutory references should identify with
13 specificity the sections and subsections referenced. Citations should be to the
14 relevant official statutory code (e.g., the U.S. Code) and should not merely
15 reference the popular name of an act.
16 (c) Citations to Other Sources. Citations to treatises, manuals,
17 and other materials should include the volume, section, and relevant pages. Attach
18 copies if these materials are not accessible on Westlaw, especially for historical
19 materials (e.g., older legislative history).
20 H. MOTIONS − SPECIFIC REQUIREMENTS
21 1. Motions Pursuant to Federal Rule of Civil Procedure 12. Many
22 motions to dismiss or strike can be avoided if the parties confer in good faith as
23 required by L.R. 7-3, especially for perceived defects in a complaint, answer, or
24 counterclaim that can be corrected by amendment. See Polich v. Burlington
25 N., Inc., 942 F.2d 1467, 1472 (9th Cir. 1991) (noting that where a motion to
26 dismiss is granted, a district court should grant leave to amend unless it is clear
27 the complaint cannot be saved by amendment). Moreover, a party has the right to
28 amend the complaint “once as a matter of course at any time before a responsive
13.
1 pleading is served.” Fed. R. Civ. P. 15(a). Even after a complaint has been
2 amended or a responsive pleading has been served, the Federal Rules of Civil
3 Procedure provide that leave to amend should be “freely given when justice so
4 requires.” Fed. R. Civ. P. 15(a). Indeed, the Ninth Circuit requires that this policy
5 favoring amendment be applied with “extreme liberality.” Morongo Band of
6 Mission Indians v. Rose, 893 F.2d 1074, 1079 (9th Cir. 1990). Consequently,
7 parties should carefully consider and weigh an opponent’s contentions as to the
8 deficiencies in a pleading to determine if an amendment would cure the defects.
9 The moving party, in turn, should agree to any amendment that would cure the
10 defect.
11 2. Motions to Amend. In addition to the requirements of L.R. 15-1,
12 all motions to amend pleadings shall: (1) state the effect of the amendment; (2) be
13 serially numbered to differentiate the amendment from previous amendments;
14 and (3) state the page and line number(s) and wording of any proposed change
15 or addition of material. Counsel shall electronically file a “Notice of Lodging”
16 attaching the proposed amended pleading as a document separate from the motion,
17 as well as a “redlined” version of the proposed amended pleading identifying all
18 additions and deletions of material as an appendix to the moving papers.
19 3. Motions and Stipulations to Continue. Continuances are granted
20 only on a showing of good cause. Requests for continuances must be made before
21 the date to be continued and by motion or stipulation, along with a proposed order.
22 Motions and stipulations must be accompanied by a detailed declaration setting
23 forth the specific reasons for the requested continuance and the precise deadline(s)
24 the parties propose. A stipulation that fails to list the precise date(s) the parties wish
25 to move, and the new date(s) they propose, will be denied for failure to comply with
26 this Standing Order. For example, if the stipulation improperly proposes that all
27 deadlines be moved by “60 days” without specifying the proposed new dates that
28 would result from that requested continuance, the Court will deny the request. The
14.
1 declaration also should state whether there have been any previous requests for
2 continuances; whether these requests were granted or denied by the Court; what
3 efforts were made to meet the existing deadline; and what, if any, prejudice would
4 result if the request is denied. Stipulations extending dates set by this Court are not
5 effective unless approved by the Court. Continuances will not be granted routinely.
6 4. Motions in Limine. Motions in limine shall be noticed for hearing
7 on the Final Pretrial Conference Date.
8 5. Daubert Motions. Daubert motions shall be noticed for hearing
9 not later than eight (8) weeks before the Final Pretrial Conference date.
10 6. Motions for Class Certification. If this action is a putative class
11 action, the parties are to act diligently and begin discovery immediately, so that
12 the motion for class certification can be filed expeditiously. This Court requires
13 an extended briefing schedule for motions for class certification. Parties are
14 advised to refer to the Court’s Order Setting Scheduling Conference for
15 additional guidance as to filing and timing of motions for class certification.
16 7. Motions Pursuant to Federal Rule of Civil Procedure 56
17 (Summary Judgment/Summary Adjudication Motions). For the requirements
18 specific to Rule 56 motions, the parties shall refer to the Court’s Standing Order
19 for Motions for Summary Judgment located on the Court’s website
20 (https://apps.cacd.uscourts.gov/Jps/honorable−wesley−l−hsu). The parties are
21 expected to comply with all the Court’s requirements.
22 8. Motions for Attorneys’ Fees. Motions for attorneys’ fees shall be
23 electronically filed and set for hearing according to L.R. 6-1 and this Order. Any
24 motion or request for attorneys’ fees shall attach two summaries, in table form,
25 of the hours worked by and billing rate of each attorney with title (e.g., partner,
26 counsel, associate, etc.). The first table shall include a summary of the hours
27 worked by each attorney, organized by task (e.g., discovery, motion to dismiss,
28 motion for summary judgment). The second table shall include a summary of
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1 the hours worked by each attorney, organized by attorney. Both tables shall list
2 all the tasks on which the attorney worked, the hours worked on each task, and the
3 hourly rate of each attorney. If the hourly rate charged by any individual attorney
4 changed while the action was ongoing, the party shall provide separate calculations
5 for the total number of hours the attorney spent in connection with each task at
6 each hourly rate. All tables shall be attached to the motion and electronically filed.
7 The courtesy copies of the tables shall be prepared in Excel, have all restrictions
8 removed so the spreadsheets can be edited, and be emailed to the Court’s chambers
9 email address at
[email protected].
10 9. PLRA Exhaustion Motions. The issue of exhaustion under the
11 Prison Litigation Reform Act (“PLRA”) must be raised at the beginning of the
12 litigation. Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014). A party seeking to
13 obtain a judicial determination of any material fact dispute precluding summary
14 judgment on the exhaustion issue must file before this Court a request for a hearing
15 within fourteen (14) days of the filing of the order denying summary judgment.
16 The failure to file a timely request may be construed as a waiver of the exhaustion
17 issue.
18 I. HEARINGS
19 1. Oral Argument Time Limits. If oral argument is permitted, the
20 parties will have a ten (10) minutes each for oral argument, unless the Court
21 states otherwise. If the Court believes that the matter warrants less or more time,
22 it will advise counsel at the hearing.
23 2. Submission Without Oral Argument. Pursuant to Fed. R. Civ. P. 78
24 and L.R. 7-15, the Court may deem a matter appropriate for decision without oral
25 argument. If, however, a written request for oral argument is filed by any side
26 before a ruling, stating that a lawyer of five or fewer years out of law school will
27 conduct the oral argument or at least the lion’s share, then the Court will hear oral
28 argument, believing that young lawyers need more opportunities for appearances
16.
1 than they usually receive. Such a request must be submitted at least two weeks
2 prior to the scheduled hearing via separate docket entry.
3 3. Remote Appearances. Remote appearances are disfavored absent
4 good cause shown in a declaration concurrently filed with the moving papers or
5 the opposition.
6 4. Telephonic Hearings. The Court seldom permits telephonic
7 appearances. The Court strongly prefers counsel to appear in person for motion
8 hearings and pretrial and settlement conferences. If exceptional circumstances
9 exist, counsel may file an application to appear telephonically detailing such
10 circumstance.
11 5. Settlement. Counsel must notify the Court at least two (2) weeks
12 before the scheduled hearing if the parties are conducting settlement discussions
13 that may render the motion moot and must notify the Court immediately if a
14 settlement is reached. A belated notice of settlement wastes scarce judicial
15 resources.
16 J. EX PARTE APPLICATIONS (INCLUDING TEMPORARY
17 RESTRAINING ORDERS AND APPLICATIONS FOR INJUNCTIVE
18 RELIEF)
19 The Court considers ex parte applications on the papers and does not usually
20 set these matters for hearing. If a hearing is necessary, the parties will be notified.
21 Ex parte applications are solely for extraordinary relief and should be used with
22 discretion. See Mission Power Engineering Co. v. Continental Casualty Co., 883
23 F. Supp. 488 (C.D. Cal. 1995). Any party seeking ex parte relief, including
24 temporary restraining order and preliminary injunctions under Fed. R. Civ. P. 65,
25 must comply with L.R. 7-19 (and L.R. 65 for temporary restraining orders and
26 preliminary injunctions). The moving party must also serve the opposing party
27 by email, fax, or personal service, and notify that party that opposing papers must
28 be filed not later than forty-eight (48) hours following service or by 3:00 p.m. on
17.
1 the first court day after the service, whichever is later. The opposing party should
2 advise the CRD as soon as possible whether it intends to oppose the ex parte
3 application. The application will not be considered until a Mandatory Chambers
4 Copy has been provided. Reply briefs in support of ex parte applications are not
5 permitted. The parties must provide chambers copies of TRO-related documents
6 on the same day they are filed. The Court generally will not rule on any application
7 for such relief for at least forty-eight (48) hours (or two (2) court days) after the
8 party subject to the requested order has been served unless service is excused or
9 unless the interests of justice so require. The parties should not assume that an
10 unopposed ex parte application will be granted; and a last-minute application
11 (or stipulation) that is denied will not serve to relieve a party of an underlying
12 obligation (e.g., a soon-to-expire deadline).
13 K. USE OF ARTIFICIAL INTELLIGENCE IN PROCEEDINGS IN
14 THIS COURT
15 1. Generally. The Court is aware of technological developments
16 regarding artificial intelligence and the impacts on litigation. The use of
17 generative AI (hereafter referred to as “AI”), which can create unique content at a
18 user’s prompting, is of particular relevance for federal practice. The use of AI tools
19 is not prohibited in this Court, but counsel and parties are cautioned that unqualified
20 reliance on AI-generated content can result in filings that rely on misrepresentations
21 and hallucinated, nonexistent caselaw.
22 2. Applicability. Provisions herein providing restrictions on the use of
23 AI in this Court do not apply to tasks unrelated or only tangentially related to the
24 practice of law, or to tasks not involved in the creation of text for submission to this
25 court, unless expressly stated otherwise. These provisions are to be reasonably
26 construed and applied as AI technology continues to develop.
27 3. AI and Case Management. Parties are encouraged to raise AI-related
28 issues and proposals at case management conferences.
18.
1 4. State and American Bar Association Guidelines. Counsel are
2 expected to abide by the California State Bar’s guidance on the use of AI and
3 should also conduct themselves in accordance with the ABA’s Resolution 604
4 (2023) regarding accountability for the use of AI.
5 5. Rule 11 Obligation. Fed. R. Civ. P. 11 imposes a duty on counsel to
6 certify that they have conducted a reasonable inquiry and determined that any
7 papers filed with this court are well-grounded in fact and legally tenable. All
8 generative AI outputs must be reviewed for accuracy, but counsel must do more
9 than simply detect and eliminate false AI-generated results to practice due diligence.
10 Professional judgment cannot be delegated to an AI tool. Counsel alone bears
11 responsibility for all statements made in filings. Failure to exercise due care in
12 reviewing and filing any work product created with the assistance of AI tools may
13 violate Rule 11 and subject the filer to sanctions.
14 6. Required Certification of Filings. Any filing prepared using AI
15 should indicate as such on its caption title. Any party who uses AI to generate any
16 portion of a filing, must attach to that filing a separate declaration that, in a clear
17 and plain factual statement: (1) discloses the use of AI, (2) certifies that the filer has
18 reviewed the source material and verified the accuracy of all content and each
19 citation in the filing and (3) specifies which portions of the filing were prepared
20 using AI. Such certifications should be made by a litigant’s lead counsel.
21 7. Retention of Records. Counsel is responsible for maintaining records
22 of all prompts of inquiries submitted to any AI tools. Counsel is also responsible
23 for maintaining records sufficient to identify which portions of filings submitted
24 were prepared using an AI tool.
25 8. Discovery. As AI tools become more widely adopted, this Court
26 recognizes that AI-generated documents may become evidence or exhibits in
27 litigation or be the subject of factual disputes. Accordingly, parties must disclose
28 and produce AI-generated evidentiary material during discovery. Counsel shall
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1 serve a notice identifying any AI-generated material introduced as evidence, with
2 sufficient specificity to locate such material by Bates number. AI-generated
3 material introduced without this accompanying notice will not be considered. At
4 the time of submitting any AI-generated evidentiary material to the Court, parties
5 must file and serve declarations to address each materials’ authenticity as required
6 under the Federal Rules of Evidence.
7 9. Restrictions on Uploading of Discovery to Public Generative AI
8 Systems. Parties shall refrain from uploading discovery received from the other side
9 to public generative AI systems. This prohibition does not extend to uploads to
10 enterprise or closed/private AI systems.
11 10. Confidentiality. The owners of any AI tool may have access to
12 information, prompts, and inquiries entered. Thus, counsel and parties must
13 maintain confidentiality with privileged information when using any AI tool,
14 including complying with protective orders. Counsel must also anonymize any
15 client information in any prompts to an AI tool and maintain records sufficient to
16 establish their compliance with the confidentiality provisions of this order.
17 11. Arbitration. Any arbitrator presiding over an action referred from
18 this Court may not delegate any part of their work to an AI tool. Such arbitrators
19 may not rely on information generated by an AI tool outside of the factual records.
20 Arbitrators remain responsible for all aspects of an award, regardless of any
21 potential use of any AI tool in decision making.
22 L. CLASS ACTION
23 1. Generally. If this action is a putative class action, the parties are
24 to act diligently and begin discovery immediately so that the motion for class
25 certification can be filed expeditiously. A motion for class certification must be
26 filed not later than one hundred and twenty (120) days from the date initially set
27 for the scheduling conference, unless the Court orders otherwise.
28 \\\\
20.
1 2. Preliminary Approval. In any motion for preliminary approval of a
2 class actions settlement, the parties should address the settlement administrator’s
3 procedures for securely handling class member data (including technical,
4 administrative, and physical controls; retention; destruction; audits; crisis response;
5 etc.), the settlement administrator’s acceptance of responsibility and maintenance
6 of insurance in case of errors, the anticipated administrative costs, the
7 reasonableness of those costs in relation to the value of the settlement and who will
8 pay the costs. The motion must also address the following:
9 3. Fraud Prevention in Settlement Fund. The Court is aware of the
10 increasing incidence of fraudulent claims in class action settlements. Accordingly,
11 the parties should consider retaining experienced claims administrators that
12 incorporate fraud prevention and detection systems. The parties must include a
13 claims administrator’s fraud prevention measures in any motion for preliminary
14 approval to allow the Court to evaluate their adequacy. Parties should make sure
15 the settlement agreement allows the claims administrator with sufficient authority
16 and time to implement such procedures, including, where appropriate, the ability
17 to request supplemental information or documentation from class members and to
18 employ verification techniques.
19 4. Notice Distribution Plan. The parties should explain how the notice
20 distribution plan is effective. Class counsel should consider different methods to
21 enhance notice to class members, including identifying potential class members
22 through third-party data sources; using text messaging and social media; retaining a
23 marketing specialist; creating a settlement website that allows class members to
24 estimate their claims amounts and is periodically updated to reflect accurate claim
25 amounts based on participation; and offering direct deposit for distributions. The
26 parties should also evaluate whether notice by mail, email, and/or social media is
27 appropriate to provide the best notice practicable under the circumstances,
28 consistent with Rule 23(c)(2) of the Federal Rules of Civil Procedure. Moreover,
21.
1 the parties should consider whether claims and opt-out forms may be filed online
2 and whether maintaining a settlement website is appropriate. If any of these
3 measures are not implemented, the parties should be prepared to explain why.
4 Finally, the notice plan should address whether a significant portion of the class
5 has limited English proficiency and, if so, whether notice should be provided in
6 additional languages.
7 M. OTHER MATTERS
8 1. ERISA Cases (Benefits Claims). The Court will hear motions to
9 determine the standard of review, whether discovery will be permitted, and the
10 scope of the administrative record. Counsel are discouraged from filing motions
11 for summary judgment or partial summary judgment on any other issue. If they
12 choose to do so, they must distinguish Kearney v. Standard Insurance Co.,
13 175 F.3d 1084, 1093-95 (9th Cir. 1999) in the moving papers and explain why
14 summary judgment is not precluded. The parties may receive a scheduling
15 conference order as a matter of course. Because the ordinary pretrial and trial
16 schedule does not apply to these ERISA cases, the parties need only submit a
17 joint status report identifying any special issues that should be considered.
18 The parties should proceed with the preparation of the administrative record
19 and briefing without delay upon service of the complaint. A court trial, ordinarily
20 limited to oral argument on the administrative record, will be scheduled within
21 six (6) months from the filing of the original complaint, unless good cause for
22 additional time is shown in the status report. If the Court concludes that the
23 decision would not benefit from oral argument, the matter may be submitted for
24 decision on the papers.
25 2. Bankruptcy Appeals. Counsel must comply with the Notice
26 Regarding Appeal from Bankruptcy Court issued at the time the appeal is filed
27 in the district court. The matter is deemed under submission on the filing of the
28 appellant’s reply brief. The Court considers bankruptcy appeals on the papers and
22.
1 usually does not set these matters for hearing.
2 N. CONSEQUENCES FOR NON-COMPLIANCE WITH THIS ORDER
3 If, without satisfactory explanation, counsel fail to file the required Joint Rule
4 26(f) Report or the required pretrial documents, fail to appear at any scheduled
5 proceeding, or otherwise fail to comply with the Court’s Orders or rules, the
6 Court shall take any action it deems appropriate, including: (i) dismissal of the case
7 for failure to prosecute, if the failure occurs on the part of the plaintiff; (ii) striking
8 the answer resulting in default if such failure occurs on the part of the defendant;
9 and/or (iii) imposing monetary sanctions against the offending party and counsel.
10
11 IT IS SO ORDERED.
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14 Dated: June 25, 2026
15 ______________________________________
HON. WESLEY L. HSU
16 UNITED STATES DISTRICT JUDGE
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