UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
[PLAINTIFF], [CASE NO.]
Plaintiff(s),
STANDING ORDER FOR CASES
ASSIGNED TO JUDGE DALE S.
v.
FISCHER
[DEFENDANT],
Defendant(s).
READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND
DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES.
Counsel for plaintiff must immediately serve this order on all parties, including
any new parties to the action. If this case was removed from state court, the
defendant that removed the case must serve this Order on all other parties.
Plaintiffs who have electronically filed a complaint are ordered to provide a paper
copy of the conformed complaint to Judge Fischer’s mailbox on the Fourth Floor of the
First Street Courthouse.
Counsel must advise the Court immediately if the case or any pending
matter has been resolved.
All counsel who appear in this action must immediately review and
comply with the Civility and Professionalism Guidelines that appear on the
Court’s website under Attorney Information. Failure to do so may result in
sanctions.
Version: 6/5/2020
1. Presence of Lead Counsel
Lead trial counsel must attend any proceeding set by this Court,
including all scheduling, pretrial, and settlement conferences. Only ONE
attorney for a party may be designated as lead trial counsel unless
otherwise permitted by the Court. Counsel should not claim to be co-lead
trial counsel for the purpose of avoiding this requirement. If counsel
purport to be co-lead trial counsel, both must attend the pretrial conference.
Unless lead trial counsel’s absence is excused by the Court for good cause in
advance of the hearing, or is due to an emergency that prevented prior
notice, the Court reserves the right to designate the attorney handling such
proceeding as lead counsel for all purposes. Failure of lead counsel to
appear will be grounds for sanctions.
2. Discovery
All discovery matters are referred to the assigned magistrate judge. All discovery
documents must include the words “DISCOVERY MATTER” in the caption to ensure
proper routing. Counsel should not deliver Chambers copies of these documents to
Judge Fischer.
Proposed protective orders pertaining to discovery must be submitted to the
assigned magistrate judge. Proposed protective orders should not purport to allow,
without further order of Judge Fischer, the filing under seal of pleadings or
documents filed in connection with a dispositive motion (including a class certification
motion) or trial before Judge Fischer. The existence of a protective order does not
alone justify the filing of pleadings or other documents under seal, in whole or in part.
3. Filing Requirements
a. Documents with Declarations, Exhibits, and Other
Attachments
If a filed or lodged document has declarations, exhibits, or other attachments, each
of these must be filed as a separately docketed attachment to the main docket entry
with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration, 29-2 Ex. 2 -
License Agreement, 29-3 Request for Judicial Notice).
b. Proposed Orders
Proposed orders should not contain attorney names, addresses, etc. on the caption
page, should not contain a footer with the document name or other information, and
should not contain a watermark or designation of the firm name, etc. in the margin.
Proposed orders must have Judge Fischer’s name spelled correctly and her correct
title: United States District Judge. Documents that do not meet this requirement
may be stricken.
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c. Mandatory Paper Chambers Copies
Documents will not be considered until paper Chambers copies are
submitted, so paper Chambers copies of all documents for which priority
processing is requested should be submitted on the same day as the filing.
Paper Chambers copies should not require the signature of the recipient.
The Court requires paper Chambers copies of only the following: Initial pleadings
(notices of removal and related documents, complaints, counterclaims, cross claims,
and answers); Joint Rule 26(f) Reports, motion papers, including motions in limine
(motions, oppositions, replies, and related documents); ex parte applications for
temporary restraining orders; and all pre-trial documents (memoranda of fact and
law, witness and exhibit lists, pretrial conference statement, jury instructions, verdict
forms, etc.).
All exhibits must be separated by a tab divider on the right or bottom of the
document. If documentary evidence in support of or in opposition to a motion exceeds
50 pages, the Chambers copy must be in a separately tabbed binder and include a
Table of Contents. If such evidence exceeds 200 pages, the Chambers copy of such
evidence, including a Table of Contents, must be placed in a Slant D-Ring binder with
each item of evidence separated by a tab divider on the right or the bottom. All
documents contained in the binder must be three-hole punched with the oversized
13/32" hole size, not the standard 9/32" hole size. Failure to comply with this
requirement may result in the Court striking the motion or declining to consider the
exhibits.
4. Motions - General Requirements
a. Time for Filing and Hearing Motions
This Court hears civil motions on Mondays, beginning at 1:30 p.m. If Monday is a
court holiday, motions will be heard on the next Monday. If the motion date selected
is not available, the Court will issue a minute order continuing the date. Opposition
papers due on a Monday holiday may be filed the following Tuesday. In such cases,
reply papers may be filed on the next Tuesday.
Adherence to the timing requirements is mandatory for Chambers’ preparation of
motion matters. The parties may stipulate to a different briefing schedule, so long as
the schedule provides at least two weeks between the filing of the reply and the
hearing date.
If the parties are able to resolve the issue, or if a party intends to
withdraw or declines to oppose a motion, the Court must be notified as soon
as possible, but no later than seven days before the hearing date. Failure to
oppose a motion will likely result in the motion being granted immediately
after the opposition would have been due.
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b. Pre-filing Requirement
Counsel must comply with Local Rule 7-3, which requires counsel to engage in a
pre-filing conference “to discuss thoroughly . . . the substance of the contemplated
motion and any potential resolution.” Counsel should discuss the issues to a sufficient
degree that if a motion is still necessary, the briefing may be directed to those
substantive issues requiring resolution by the Court. The pro per status of one or
more parties does not eliminate this requirement. Failure to comply with
this Rule will be grounds for sanctions. If fault is attributed to the moving
party, the Court may decline to hear the motion.
c. Length and Format of Motion Papers
Memoranda of points and authorities in support of or in opposition to motions
must not exceed 25 pages. Replies must not exceed 12 pages. Only in rare instances
and for good cause shown will the Court grant an application to extend these page
limitations.
d. Citations to Authority
Citations to case law must identify not only the case cited, but the specific page
referenced. When citing to legal databases (which is not encouraged), whenever
possible cite to Westlaw rather than Lexis.
Statutory references must cite to the United States Code and not solely a section
of a particular act. Citations to treatises, manuals, and other materials should
include the volume, section, and relevant pages. If these materials are not readily
accessible, copies should be attached. This is especially important for historical
materials, e.g., older legislative history.
Citations that support a statement in the main text must be included in the main
text, not in footnotes. String cites are discouraged and generally are not helpful.
5. Specific Motion Requirements
a. Motions Pursuant to Rule 12
Motions to dismiss are strongly discouraged. Many motions to dismiss or to strike
can be avoided if the parties confer in good faith (as required by Local Rule 7-3),
especially for perceived defects in a complaint, answer, or counterclaim that could be
corrected by amendment. See Chang v. Chen, 80 F.3d 1293, 1296 (9th Cir. 1996)
(where a motion to dismiss is granted, a district court should provide leave to amend
unless it is clear that the complaint could not be saved by any amendment).
If the Court grants a motion to dismiss with leave to amend, the plaintiff must file
an amended complaint within the time period specified by the Court. A “redlined”
version of the amended complaint must be delivered to Chambers and Chambers
email indicating all additions and deletions to the prior version of the complaint.
Failure to file an amended complaint within the time allotted will result in dismissal
of the action or the relevant claim(s) with prejudice.
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b. Motions to Amend Pleadings
The motion must state the effect of the amendment, and must state the page, line
numbers, and wording of any proposed change or addition of material. A “redlined”
version of the proposed amended pleading must be delivered to Chambers (in paper
form) and to Chambers email indicating all additions and deletions to the prior
version of the pleading. In addition to the requirements of the Local Rules, all
amended pleadings must be serially numbered to differentiate the amendment from
previous amendments.
c. Motions for Summary Judgment
Please refer to Judge Fischer’s Standing Order re Motions for Summary Judgment
at www.cacd.uscourts.gov.
6. Telephonic Hearings
The Court is unlikely to agree to a telephonic appearance in the absence of
extraordinary circumstances preventing counsel from appearing in person.
7. Ex Parte Applications (Including Applications for Temporary
Restraining Orders)
In addition to the requirements of Local Rule 7-19, the moving party must notify
the opposition that opposing papers are to be filed no later than 48 hours (or two court
days) following service. The Court generally will not rule on any application for such
relief for at least 48 hours (or two court days) after the party subject to the requested
order has been served, unless service is excused. Opposing counsel should advise the
courtroom deputy clerk as soon as possible whether the opposing party intends to
oppose the ex parte application. The Court considers ex parte applications on the
papers and usually does not set these matters for hearing. The application will not be
considered until a mandatory chambers copy has been provided. Sanctions may be
imposed for misuse of ex parte applications.
8. Applications or Stipulations for Extension of Time
No stipulation extending the time to file any required document or to continue any
date is effective until and unless the Court approves it, or unless the Federal Rules of
Civil Procedure provide for an automatic extension. Both applications and
stipulations must set forth:
1. The existing due date or hearing date, the discovery cut-off date, the last day
for hearing motions, the pretrial conference date, and the trial date;
2. Specific reasons (contained in a detailed declaration) supporting good cause for
granting the extension or continuance. (A statement that an extension “will
promote settlement” is insufficient. The requesting party or parties must
indicate the status of ongoing settlement negotiations. The possibility of
settlement ordinarily will not be grounds for continuance.);
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3. Whether there have been prior requests for extensions, and whether these
requests were granted or denied by the Court; and
4. A description of the diligence of the party seeking the continuance and any
prejudice that may result if the continuance is denied.
The request must be made before the date to be continued. The Court grants
continuances only on a showing of good cause. Failure to comply with the Local Rules
and this Order will result in rejection of the request without further notice to the
parties.
9. Cases Removed from State Court
If a motion was pending in state court before the case was removed, it must be re-
noticed in accordance with Local Rule 7. If a removed action contains a “form
pleading” i.e. a pleading in which boxes are checked, the party or parties that filed the
form pleading must file an appropriate pleading with this Court within 30 days of the
filing of the notice of removal.
10. Class Actions
If this action is a putative class action, the parties are to act diligently and begin
discovery immediately, so that the motion for class certification can be filed
expeditiously. The motion must be filed no later than 120 days from the date initially
set for the scheduling conference, without regard to any continuances, unless the
Court orders otherwise.
11. Status of Fictitiously Named Defendants
This Court adheres to the following procedures when a complaint with fictitiously
named defendants is removed to this Court on diversity grounds. See 28 U.S.C. §§
1441(a) and 1447.
1. Plaintiff must ascertain the identity of and serve any fictitiously named
defendants before the date of the Rule 16(b) scheduling conference. The Court
generally will dismiss Doe defendants on the date of the scheduling conference,
as they prevent the Court from accurately tracking its cases.
2. If plaintiff believes (by reason of the necessity for discovery or otherwise) that
all fictitiously named defendants cannot be identified within that period, a
request to extend the time must be made in the Joint Rule 26 Report. Counsel
should be prepared to state the reasons why fictitiously named defendants
have not been identified and served.
3. If a plaintiff wants to substitute a defendant for one of the fictitiously named
defendants, plaintiff must first seek the consent of counsel for all defendants
(and counsel for the fictitiously named party, if that party has separate
counsel). If consent is withheld or denied, plaintiff should file a motion on
regular notice. The motion and opposition should address whether the matter
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should thereafter be remanded to the superior court if diversity is destroyed by
the addition of the newly substituted party. See 28 U.S.C. § 1447(c) and (e).
12. ERISA Cases Concerning Benefit Claims
The Court will hear motions to determine the standard of review, whether
discovery will be permitted, and the scope of the administrative record. There will be
a court trial (usually confined to oral argument) on the administrative record.
Counsel are discouraged from filing motions for summary judgment or partial
summary judgment on any other issue. If they choose to do so, they must distinguish
Kearney v. Standard Insurance Co., 175 F.3d 1084, 1095 (9th Cir. 1999) in the moving
papers and explain why summary judgment is not precluded.
13. Bankruptcy Appeals
Counsel must comply with the Notice Regarding Appeal from Bankruptcy Court
issued at the time the appeal is filed in the district court. The matter is deemed
under submission on the filing of the appellant’s reply brief. The Court considers
bankruptcy appeals on the papers and usually does not set these matters for hearing.
14. Communications with Chambers
Counsel must not attempt to contact the Court or its Chambers staff by telephone
or by any other ex parte means unless contact has been first initiated by Chambers
staff. Counsel may contact the courtroom deputy clerk with appropriate
inquiries. The preferred method of communication with the courtroom deputy clerk is
email. To facilitate communication with the courtroom deputy clerk, counsel should
list their email addresses along with their telephone numbers on all papers.
15. Parties Appearing in Propria Persona
Pro per litigants are required to comply with all local rules, including Local Rule
16. In this Order, the term “counsel” includes parties appearing in propria persona.
Only individuals may represent themselves.
16. “Notice of Unavailability”
While the Court expects that counsel will conduct themselves appropriately and
will not deliberately schedule Court or other proceedings when opposing counsel are
unavailable, a “Notice of Unavailability” has no force or effect in this Court and
should not be filed. The filing of such a document may result in sanctions.
17. Consent to Magistrate Judge
The parties may consent to have a United States Magistrate Judge preside over
the entire case, including trial. The parties are free to select from among all
magistrate judges available for this purpose, not just the magistrate judge assigned to
this case. Please consult the court’s website for the list of available magistrate judges.
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CAVEAT: If counsel fail to file the required Joint Rule 26(f) Report, or the
required pretrial documents, or if counsel fail to appear at the scheduling
conference, the pretrial conference, or any other proceeding scheduled by
the Court, and such failure is not satisfactorily explained to the Court: (1)
the cause will be dismissed for failure to prosecute, if the failure occurs on
the part of the plaintiff, (2) the answer will be stricken and default (and
thereafter default judgment) will be entered if such failure occurs on the
part of the defendant, or (3) the Court may take such other action as it
deems appropriate.
IT IS SO ORDERED.
Date: ___________________________
Dale S. Fischer
United States District Judge
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