The Law Mind

Bernal Standing Order_Revised 7.16.26 — District Judge Jesus G. Bernal

C.D. Cal. Judge Order (District Judge Jesus G. Bernal) · District Judge Jesus G. Bernal

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA - EASTERN DIVISION 9 10 Plaintiff Case No. 11 v. STANDING ORDER 12 Defendant 13 14 15 16 17 READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE 18 AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. 19 • Plaintiff(s) shall immediately serve this Order on all parties along with the 20 Summons and Complaint. • If this case came to the Court by noticed removal, the removing Defendant(s) shall 21 serve this Order on all other parties. 22 23 This action has been assigned to the calendar of Judge Jesus G. Bernal. 24 25 26 27 28 Revised July 16, 2026 1 The Court and litigants bear joint responsibility for the progress of litigation in the Federal Courts. To secure the just, speedy, and inexpensive determination of every 2 action, (Fed. R. Civ. P. 1), all counsel are hereby ordered to become familiar with the 3 Federal Rules of Civil Procedure and the Local Rules of the Central District of 4 California.* 5 The Court further orders as follows: 6 1. Service of the Complaint. Plaintiff shall serve the Complaint promptly in 7 accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to L.R. 5-3.1. 8 2. Removed Actions. Any answers filed in state court must be re-filed in this 9 Court (separately) as a supplement to the petition. Any pending motions must be re- 10 noticed in accordance with L.R. 6-1. 11 3. Assignment to a Magistrate Judge. Under 28 U.S.C. § 636, the parties 12 may consent to have a Magistrate Judge preside over all proceedings. The Magistrate 13 Judges who accept those designations are identified on the Central District’s website, which also contains the consent form. 14 15 4. Electronic Filing. As of January 1, 2008, the United States District Court for the Central District of California implemented mandatory electronic filing (“e- 16 filing”) of documents in all new and pending civil cases. Information about the Court’s 17 Electronic Case Filing system is available on the Court’s website at 18 www.cacd.uscourts.gov/cmecf. 19 All documents required to be “e-filed” in this matter can be found in General 20 Order No. 10-07 and L.R. 5-4. The Court specifically directs litigants to L.R. 5-4.3.1, requiring that all electronically filed documents be created by publishing the document to 21 PDF, and not by scanning paper documents. The Court may strike any pleading that 22 does not comply with this requirement. 23 5. Mandatory Chambers Copies. Counsel shall provide one conformed 24 chambers copy of ONLY the following filed documents: 25 • Civil matters: Motions and related documents (opposition, replies, exhibits); ex 26 parte applications and related documents (oppositions and exhibits); and Joint 27 Rule 26(f) reports; 28 Revised July 16, 2026 1 • Criminal matters: All motions and related documents and exhibits; plea 2 agreements(s); and sentencing memorandum and objections to the pre-sentence 3 reports. 4 Chambers copies shall be delivered to the “Courtesy Box,” located outside of 5 Courtroom 1 on the 2nd floor at the United States District Court, 3470 Twelfth Street, 6 Riverside, California 92501, no later than 5:00 p.m. on the day following the “e- filing.” All chambers copies shall comply fully with the document formatting 7 requirements of L.R. 11-3 and L.R. 11-5. If the filing party and their counsel fail to deliver 8 a mandatory chambers copy in full compliance with this Order and L.R. 11-3, the Court may, on its own motion, reschedule any related hearing and impose sanctions. 9 10 6. Amended Pleadings. All amended pleadings, including amended 11 complaints, shall be accompanied by a red-lined copy of the document as an exhibit that shows all changes. Failure to attach a red-lined copy of the document may result in 12 sanctions, including dismissal of an action with prejudice. Pro se Plaintiffs who lack 13 access to a computer to prepare their filings are exempt from this requirement, but must attach as an exhibit a document that (1) states the effect of any amendment and (2) 14 identifies the page(s), line number(s), and wording of any amendments. 15 7. Proposed Orders. Each party filing or opposing a motion or seeking the 16 determination of any matter shall serve and electronically lodge a proposed order which 17 sets forth the relief or action sought and a brief statement of the rationale for the decision 18 with appropriate citations. 19 8. Presence of Lead Counsel. Lead trial counsel for each party must attend 20 any scheduling and pretrial conferences set by the Court. Failure of lead trial counsel to appear for those proceedings is a basis for sanctions. 21 22 9. Discovery. All discovery matters have been referred to a United States 23 Magistrate Judge. The Magistrate Judge’s initials follow the District Judge’s initials in the case number assigned to the matter. The words “DISCOVERY MATTER” shall 24 appear in the caption of all documents relating to discovery to insure proper routing. 25 Counsel shall deliver mandatory chambers copies of discovery-related papers to the Magistrate Judge assigned to the case rather than to this Court. 26 // 27 // 28 Revised July 16, 2026 1 10. Motions – General Requirements. 2 a. Time for Hearing Motions. Motions shall be filed and set for hearing in 3 accordance with L.R. 6-1. Motions will be heard on Mondays commencing at 9:00 a.m. 4 Any motion noticed for a holiday shall automatically be set to the next Monday without further notice to the parties. 5 6 b. Length and Format of Motions. Memoranda of Points and Authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 7 12 pages. Only in rare instances, and for good cause shown, will the Court grant an 8 application to extend these page limitations. When citing to legal databases, wherever possible cite to Westlaw rather than Lexis. 9 10 If documentary evidence in support of or in opposition to a motion exceeds 50 11 pages, the evidence must be separately bound and tabbed and include an index. If such evidence exceeds 200 pages, the documents shall be placed in a binder, with an index and 12 with each item of evidence separated by a tab divider. 13 c. Withdrawal or Non-Opposition of Motions. In the event that the parties 14 resolve a pending motion, they must notify the Court approximately one week before 15 the hearing date. Sanctions may issue for failure to comply with this requirement, or the broader requirement in L.R. 7-16 that any party who intends to withdraw a motion, not 16 oppose a motion, or seek a continuance of the hearing date for a motion, must notify the 17 court by noon on the Tuesday preceding the hearing date. 18 11. Motions to Amend. In addition to the requirements of L.R. 15, all motions 19 to amend pleadings shall (1) state the effect of the amendment and (2) identify the 20 page(s), line number(s), and wording of any proposed change or addition of material. 21 12. Motions for Summary Judgment or Partial Summary Judgment. No 22 party may file more than one motion pursuant to Fed. R. Civ. P. 56 regardless of whether such motion is denominated as a motion for summary judgment or summary 23 adjudication. Parties offering evidence in support of, or in opposition to, a Rule 56 24 motion must cite to specific page and line numbers in depositions and paragraph numbers 25 in affidavits. Furthermore, such evidence must be authenticated properly. The Court directs the parties to become familiar with Orr v. Bank of America, NT & SA, 285 F.3d 26 764 (9th Cir. 2002). 27 28 Revised July 16, 2026 1 a. Statements of Undisputed Facts and Genuine Disputes. The moving party’s brief shall be accompanied by a Statement of Undisputed Facts (“SUF”). The 2 SUF shall be presented in a table format and include the following columns: 3 4 • The first column shall contain the number of the fact alleged to be undisputed. • The second column shall contain a plain statement of the fact. Facts shall not 5 be compound. If, for instance, the required response is that the fact is 6 disputed in part, the fact is compound. Further, neither legal arguments nor conclusions constitute facts. 7 • The third column shall contain a citation to admissible evidence the party 8 believes supports the proffered fact. 9 For example: 10 11 Pl.’s Fact Supporting Evidence SUF 12 No. 13 1. Plaintiff was driving her car when she went Decl. of Plaintiff ¶ 2. through the intersection. 14 2. The light was green when Plaintiff went Decl. of Plaintiff ¶ 4. 15 through the intersection. 16 3. Plaintiff was driving at 35 miles per hour Decl. of Plaintiff ¶ 7; Decl. of when she traveled through the intersection. Plaintiff’s Expert ¶ 14. 17 ... ... ... 18 The party opposing the summary judgment motion shall include with its 19 opposition a Statement of Genuine Disputes of Material Fact that includes the moving 20 party’s table; but the opposing party shall add a fourth column to the moving party’s 21 table identifying those facts that are in dispute, briefly explaining the dispute, and citing the evidence supporting the dispute. The opposing party shall not set forth legal or 22 evidentiary objections in the statement of genuine disputes of material fact. 23 // // 24 // 25 // // 26 // 27 // 28 Revised July 16, 2026 1 For example: 2 Pl.’s Fact Supporting Def.’s Response 3 SUF Evidence 4 No. 1. Plaintiff was driving her Decl. of Plaintiff ¶ Undisputed. 5 car when she went 2. 6 through the intersection. 2. The light was green Decl. of Plaintiff ¶ Disputed. The light was red 7 when Plaintiff went 4. when Plaintiff traveled through 8 through the intersection. the intersection. (Decl. of 9 Defendant ¶ 6.) 3. Plaintiff was driving at Decl. of Plaintiff ¶ Disputed. Plaintiff was driving 10 35 miles per hour when 7; Decl. of 52 miles per hour when she 11 she traveled through the Plaintiff’s Expert went through the intersection. intersection. ¶ 14. (Decl. of Defendant’s Expert ¶ 12 9.) 13 ... ... ... ... 14 15 If a party fails to dispute a fact properly by offering evidence that does not 16 contradict the proffered fact, the Court will deem the fact undisputed for purposes of the motion. See Fed. R. Civ. P. 56(e)(2); L.R. 56-3. 17 18 If the party opposing the summary judgment motion wishes to include its own set of undisputed facts, it may include them in a second table at the end of its statement of 19 genuine disputes of material fact. The opposing party’s undisputed facts shall be set 20 forth in the same manner as the moving party’s SUF. 21 For example: 22 23 Def.’s Fact Supporting SUF Evidence 24 No. 25 1. The tires on Plaintiff’s car had only 1 millimeter of tread Decl. of 26 remaining at the time of the accident. Mechanic ¶ 5. ... ... ... 27 28 Revised July 16, 2026 1 If either party fails to provide a pincite to the supporting evidence, the Court will deem the proffered fact (or dispute) unsupported. See generally Christian Legal Soc. v. 2 Wu, 626 F.3d 483, 488 (9th Cir. 2010) (“Judges are not like pigs, hunting for truffles 3 buried in briefs.” (internal citations omitted)). 4 b. Objections to Evidence. Parties shall file any legal objections to the other 5 party’s proffered evidence under separate cover. The evidentiary objections should be 6 presented in a three-column format and include the following columns: 7 • The first column shall contain the number of the fact objected to, using the 8 numbering submitted in the moving party’s SUF if applicable. • The second column shall identify the item objected to, including its page and 9 line number if applicable. 10 • The third column shall set forth a concise objection (e.g., hearsay, lacks 11 foundation, etc.) with a citation to the Federal Rules of Evidence or, where applicable, a case citation. 12 13 For example: 14 Fact No. Fact Objection 15 3. Plaintiff was driving at 35 miles per hour when she Irrelevant. 16 traveled through the intersection. (Decl. of Plaintiff ¶ F.R.E. 402. 7; Decl. of Plaintiff’s Expert ¶ 14) 17 ... ... ... 18 19 13. Motions for Default Judgment. Unless otherwise ordered, motions for default judgment shall be filed no later than 14 days after the later of (1) entry of default 20 against the last remaining defendant, or (2) resolution of all claims against all defendants 21 who have not defaulted. A motion for default judgment must include a showing of both subject matter jurisdiction and personal jurisdiction. See In re Tuli, 172 F.3d 707, 712 22 (9th Cir. 1999). Failure to timely file motions for default judgment may result in 23 dismissal with prejudice for failure to prosecute and failure to follow Court orders. 24 14. Ex Parte Applications. Ex parte applications are considered on the papers 25 and are not usually set for hearing. Counsel are advised that this Court allows ex parte 26 applications solely for extraordinary relief. Sanctions may be imposed for misuse of ex parte applications. See In re Intermagnetics Am., Inc., 101 B.R. 191 (Bankr. C.D. Cal. 27 28 Revised July 16, 2026 1 1989). Counsel also should become familiar with Mission Power Engineering Co. v. Continental Casualty Co., 883 F. Supp. 488 (C.D. Cal. 1995), regarding ex parte 2 applications. 3 4 Counsel’s attention is directed to L.R. 7-19. The moving party’s declaration in support of an ex parte application shall show compliance with L.R. 7-19 and this Order 5 and shall include a statement of opposing counsel’s position. Failure to do so ensures the 6 application will be DENIED. If counsel does not intend to oppose an ex parte application, counsel must inform the Courtroom Deputy Clerk, (951) 328-2254. As with all motion 7 papers, counsel must deliver a conformed courtesy copy of the papers to the “Courtesy 8 Box”, located outside of Courtroom 1 on the 2nd floor at United States District Court, 3470 Twelfth Street, Riverside, California 92501. Counsel will be notified by the 9 Courtroom Deputy Clerk of the Court’s ruling or of a hearing time and date should the 10 Court determine that a hearing is necessary. 11 15. Stipulations. Stipulations extending scheduling dates set by this Court are 12 not effective unless approved by the Court. Continuances will be granted only upon a 13 showing of good cause. 14 16. Communications with Chambers. Unless requested to do so, counsel 15 shall not attempt to contact the Court or its staff by telephone or by any other ex parte means. Counsel are directed to review the Central District’s website at 16 http://www.cacd.uscourts.gov for the Local Rules, filing procedures, judges’ procedures 17 and schedules, calendars, forms, and Pacer access. 18 Counsel may contact the Courtroom Deputy Clerk, Maynor Galvez, by telephone 19 at (951) 328-2254 or by email at [email protected] only in the event that 20 counsel cannot find the desired information through all available resources. 21 17. Remote Appearances. Counsel may appear remotely for all motion 22 hearings by following the instructions on the Court website for Zoom appearances. Counsel who intends to appear remotely must file a notice of intent to appear remotely at 23 least two business days in advance of the hearing. Hearings on motions for preliminary 24 injunctions are excluded from this rule; counsel must attend preliminary injunction 25 hearings in person unless counsel seeks, for good cause, leave to appear remotely not less than one week in advance of the hearing. 26 // 27 // 28 Revised July 16, 2026 1 *Copies of the Local Rules are available on our website at http://www.cacd.uscourts.gov or they may be purchased from one of the following: 2 Los Angeles Daily Journal 3 915 East 1st Street Los Angeles, California 90012 4 West Publishing Company 5 610 Opperman Drive Post Office Box 64526 6 St. Paul, Minnesota 55164-0526 7 Metropolitan News 210 South Spring Street 8 Los Angeles, California 90012 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Revised July 16, 2026
Official source: https://apps.cacd.uscourts.gov/Jps/honorable-jesus-g-bernal · retrieved 2026-07-23