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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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US BANK NATIONAL Case No. 2:24-cv-02822-WLH-KSx
11 ASSOCIATION,
STANDING ORDER FOR NEWLY
12 Plaintiff, ASSIGNED CIVIL CASES
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v.
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JUAN ENRIQUEZ ET AL,
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Defendant.
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19 READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE
20 AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES.
21 This case has been assigned to United States District Judge Wesley L. Hsu.
22 Both the Court and all counsel bear responsibility for the progress of litigation in this
23 Court. “Counsel,” as used in this Order, includes attorneys and parties who have
24 elected to appear without an attorney and are representing themselves in this civil
25 litigation (hereinafter referred to as “Pro Se Litigants”). To secure the just, speedy,
26 and inexpensive determination of every action, all Counsel—including Pro Se
27 Litigants—are ordered to comply with this Order, the Federal Rules of Civil
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1 Procedure, and the Local Rules of the Central District of California. See L.R. 1-3; L.R.
2 83-2.2.3; Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (holding that “[f]ailure to
3 follow a district court’s local rules is a proper ground for dismissal”).
4 A. GENERAL REQUIREMENTS
5 1. Service of Order. Counsel for the plaintiff must immediately serve this
6 Order on all parties, including any new parties to the action. If this case was removed
7 from state court, the defendant that removed the case must serve this Order on all
8 other parties.
9 2. Pro Se Litigants. Only individuals may represent themselves. A
10 corporation or other entity must be represented by counsel. If counsel seeks to
11 withdraw, counsel must advise the entity of the dire consequences of failing to obtain
12 substitute counsel before seeking withdrawal—i.e., a plaintiff entity’s case will be
13 dismissed or a defendant entity will default. See L.R. 83-2.3.4. The following links
14 may be helpful to Pro Se Litigants: (a) General information on how parties may
15 represent themselves in civil cases in the Central District of California can be found at
16 https://prose.cacd.uscourts.gov/; (b) Local Civil Rules for the Central District of
17 California can be found at http://www.cacd.uscourts.gov/court-procedures/local-rules;
18 (c) Federal Rules of Civil Procedure can be found at
19 https://www.law.cornell.edu/rules/frcp.
20 3. Presence of Lead Trial Counsel. Lead trial counsel shall attend all
21 proceedings set by this Court, including scheduling, settlement, and pretrial
22 conferences, as well as trials. Lead trial counsel must be prepared to address and
23 resolve all matters within the scope of the proceeding. Only one attorney for a party
24 may be designated as lead trial counsel unless otherwise permitted by the Court. If a
25 second lead trial counsel is permitted by the Court, both counsel must attend the
26 pretrial conference. Believing that young lawyers need more opportunities for
27 appearances than they usually receive, the Court encourages lead trial counsel to
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1 permit junior counsel, of five or fewer years out of law school, to fully participate in
2 Court proceedings, including arguing motions and examining witnesses.
3 4. Counsel Calendar Conflicts. If any counsel discovers a calendar
4 conflict with a scheduled appearance, counsel must inform opposing counsel and the
5 Court’s Courtroom Deputy (CRD) via Chambers email at
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[email protected] as soon as possible and not later than three (3)
7 days before the scheduled appearance. Counsel should attempt to agree on a new date
8 to accommodate the calendar conflict. Counsel must propose a new date by
9 Stipulation and Proposed Order. A “Notice of Unavailability” has no legal effect and
10 should not be filed. The Court expects that counsel will conduct themselves
11 professionally and will not deliberately schedule any proceeding when counsel are
12 unavailable.
13 5. Communications with Chambers. Neither counsel nor a party shall
14 initiate contact with the Court or its Chambers staff by telephone, or by any other
15 improper ex parte means. Counsel may contact the CRD with appropriate inquiries.
16 Contacting the CRD to inquire about the status of a ruling or to continue a proceeding
17 is not appropriate. The preferred method of communication with the CRD is by email
18 at
[email protected]. Counsel must copy all parties on any such
19 email. To facilitate communication with the CRD, counsel should list their email
20 addresses along with their telephone numbers on all papers.
21 6. Civility. All counsel who appear in this action must immediately review
22 and comply with the Civility and Professionalism Guidelines, which can be found on
23 the Court’s website at http://www.cacd.uscourts.gov/attorneys/admissions/civility-
24 and-professionalism-guidelines. The Court expects everyone in the courtroom to treat
25 each other with dignity and respect. At a minimum, the Court expects the following
26 from counsel: (1) being punctual and prepared for all court appearance; (2) being civil
27 and respectful in all oral and written communications with the Court and other parties;
28 (3) being civil and respectful to court personnel, including the CRD, court reporters,
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1 law clerks, and marshals; (4) refraining from interrupting any person in the courtroom
2 when that person is speaking; (5) refraining from making gestures, facial expressions,
3 or audible comments indicating approval or disapproval of testimony or argument;
4 and (6) being considerate of the time constraints and pressures on the Court and court
5 staff inherent in their efforts to administer justice.
6 B. PLEADING REQUIREMENTS
7 1. Service of the Complaint. The plaintiff(s) shall promptly serve the
8 Complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant
9 to Fed R. Civ. P. 4(l). Any defendant(s), including “DOE” or fictitiously-named
10 defendant(s), not served within ninety (90) days after the case is filed shall be
11 dismissed pursuant to Fed. R. Civ. P. 4(m) and by operation of this Order without
12 further notice, unless plaintiff requests and justifies the need for additional time in the
13 joint report and the Court grants an extension.
14 2. Removed Actions. Any Answers filed in state court must be refiled in
15 this Court as a supplement to the Notice of Removal. Any pending motions must be
16 re-noticed in accordance with L.R. 7. If an action removed to this Court contains a
17 form pleading, i.e., a pleading in which boxes are checked, the party or parties that
18 filed the form pleading must file in this Court within thirty (30) days of receipt of the
19 Notice of Removal a revised pleading that complies with Fed. R. Civ. P. 7, 7.1, 8, 9,
20 10 and 11. An amended complaint filed within thirty (30) days after removal to
21 replace a form complaint pursuant to this instruction shall be deemed an amended
22 complaint with “the court’s leave” pursuant to Fed. R. Civ. P. 15(a)(2).
23 3. Status of Fictitiously Named Defendants.
24 (a) Plaintiff must identify and serve any fictitiously named or “Doe”
25 defendant(s) before the deadline set forth in the Court’s Order Setting Scheduling
26 Conference.
27 (b) Before moving to substitute a defendant for a Doe defendant,
28 plaintiff must seek the consent of counsel for all defendants, including counsel for a
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1 represented Doe defendant. If denied consent, plaintiff must file a regularly noticed
2 motion. In diversity cases, plaintiff’s motion must address whether the addition of the
3 newly named party destroys diversity jurisdiction. See 28 U.S.C. § 1447(c), (e).
4 C. FILING REQUIREMENTS
5 1. Electronic Filing. Pursuant to Fed. R. Civ. P. 5(d)(3), L.R. 5-4, and
6 General Order 10-07, counsel shall electronically file (“e-file”) all filings. Items that
7 do not require the Court’s signature shall be e-filed in pdf format. Proposed orders
8 shall be e-filed in pdf format as an attachment to the main documents. Pro Se
9 Litigants may submit documents for filing through the Court’s Electronic Document
10 Submission System (“EDSS”) instead of mailing or bringing documents to the Clerk’s
11 Office. Only internet access and an email address are required. Documents are
12 submitted in PDF format through an online portal on the Court’s website. To access
13 EDSS and for additional information, visit the Court’s website at
14 https://apps.cacd.uscourts.gov/edss.
15 2. Documents with Declarations, Exhibits, and other Attachments. If a
16 filed or lodged document has declarations, exhibits, or other attachments, each
17 attachment must be filed as a separately docketed attachment to the main docket entry
18 with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration, 29-2 Ex. 1 -
19 License Agreement, 29-3 Request for Judicial Notice). The Court may strike or
20 decline to consider motions, stipulations, or other documents with attachments that are
21 not filed in accordance with this Order.
22 3. Proposed Orders.
23 (a) Proposed Orders Must be Lodged and Served. Each party
24 filing or opposing a motion or seeking the determination of any matter shall serve and
25 lodge a proposed order setting forth the relief or action sought and a brief statement of
26 the rationale for the decision with appropriate citations.
27 (b) Use Applicable Templates. Use the Proposed Order Template
28 located on the Court’s website under “Orders & Additional Documents” at the bottom
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1 of Judge Hsu’s webpage (https://www.cacd.uscourts.gov/honorable-wesley-l-hsu).
2 Failure to do so may result in the striking of the request. Proposed orders must be on
3 pleading paper. Proposed orders should NOT contain any of the following: (1)
4 attorney names, addresses, etc. on the caption page; (2) a footer with the document
5 name or other information; or (3) a watermark or designation of the firm name.
6 Proposed orders should be formatted in the same fashion as motions.
7 (c) Email Proposed Orders to Chambers. The Court enforces strict
8 compliance with L.R. 5-4.4.2, which instructs: “After a document requiring a judge’s
9 signature has been lodged in accordance with L.R. 5-4.4.1 . . . , a Microsoft Word
10 copy of the proposed document, along with a PDF copy of the electronically filed
11 main document, shall be e-mailed to the assigned judge’s generic chambers e-mail
12 address using the CM/ECF System,” namely,
[email protected].
13 The Court will not consider a stipulation, ex parte application, or other request for
14 relief until a compliant proposed order is received by email. If the proposed order is
15 based on a stipulation or an ex parte application, counsel must email both the order
16 and the stipulation or ex parte application. Otherwise, accompany documents (such as
17 motions) should not be emailed to Chambers.
18 4. Mandatory Chambers Copies.
19 (a) Motions, Pleadings and Trial Documents. The parties must
20 provide one (1) Mandatory Chambers Copy only of Motions for Summary Judgment
21 filings and, the 26(f) Report and any post-trial motion filings. Please do not send
22 paper copies of any other documents unless requested by the Court.
23 (b) Delivery Location, Timeliness, and Form. All Mandatory
24 Chambers Copies must be delivered to Judge Hsu’s Chambers copy box, which is
25 located outside of the Clerk’s Office on the fourth floor of the First Street Courthouse.
26 Mandatory Chambers Copies must be delivered no later than 12:00 p.m. (noon) the
27 following business day after the document is electronically filed. Mandatory
28 chambers copies must be printed from CM/ECF, and must include: (1) the CM/ECF-
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1 generated header (consisting of the case number, document control number, date of
2 filing, page number, etc.) at the top of each page; and (2) the Notice of Electronic
3 Filing (see L.R. 5-3.2.1) as the last page of the document. L.R. 5-4.5. Mandatory
4 Chambers Copies need not be bluebacked. For security reasons, do not leave
5 chambers copies in envelopes or folders.
6 (c) Mandatory Chambers Copy Exhibits. All exhibits should be
7 separated by a tab divider on the right or bottom of the document. If the evidence
8 exceeds 50 pages, the Mandatory Chambers Copy must: (1) include a table of
9 contents; and (2) be in a tabbed binder with each exhibit separated by a tab divider on
10 the right or the bottom. All documents in the binder must be three-hole punched,
11 preferably with a larger hole size (13/32”), rather than the standard hole size (9/32”) to
12 facilitate ease of review. If the evidence exceeds 200 pages, the table of contents and
13 evidence must be placed in a Slant D-Ring binder. Binders should be no larger than 4
14 inches. Binders have both a cover sheet and a spine label that includes the case name,
15 case number, and a description of the contents.
16 5. Filings Under Seal.
17 (a) Local Rule 79-5. L.R. 79-5 governs applications to file under
18 seal. Parties must comply with all sections of L.R. 79-5. There is a “strong
19 presumption of access to court records” in civil cases. Foltz v. State Farm Mut. Auto.
20 Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). For each document or other type of
21 information a party seeks to file under seal, the party must identify and discuss the
22 factual and/or legal justification that establishes “good cause” or “compelling reasons”
23 for the document’s protection. Kamakana v. City and Cnty. of Honolulu, 447 F.3d
24 1172, 1179-80 (9th Cir. 2006).
25 (b) Redacted Version and Unredacted Version. Documents that are
26 not confidential or privileged in their entirety should not be filed under seal if the
27 confidential portions can be redacted and filed separately with a reasonable amount of
28 effort. The parties should file an unredacted version of the document under seal, and a
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1 redacted version for public viewing, omitting only the portions that the Court has
2 ordered may be filed under seal.
3 (c) Justification. Sealing must be justified for each individual item;
4 blanket claims of confidentiality will result in the application to seal being denied.
5 Counsel is strongly encouraged to consider carefully whether sealing or redaction is
6 required for a given piece of evidence or argument. An application to seal that
7 includes clearly meritless requires to seal or redact documents may be denied in its
8 entirety. The parties must also meet and confer before filing an application to seal.
9 D. CONSENT TO MAGISTRATE FOR ENTIRE CIVIL CASE
10 The parties may consent to have a Magistrate Judge preside over the entire civil
11 case, including trial, rather than just discovery. One benefit to giving such consent is
12 that the parties almost always will be able to proceed to trial sooner than on a District
13 Court Judge’s calendar. Additionally, the parties are free to select from among all
14 Magistrate Judges available for this purpose, not just the Magistrate Judge assigned to
15 the parties’ case. The Magistrate Judges have experience and expertise in a variety of
16 areas, including patent and trademark litigation. If the parties agree to consent to
17 proceed before a Magistrate Judge, the parties should consult the Central District
18 website for the list of available Magistrate Judges and should submit the appropriate
19 consent form.
20 E. DISCOVERY
21 1. Magistrate Judge Referral for All Discovery Matters. All discovery
22 matters are referred to the assigned United States Magistrate Judge. The Magistrate
23 Judge’s initials follow the Judge’s initials next to the case number. All documents
24 relating to discovery matters must include the words “DISCOVERY MATTER” in the
25 caption to ensure proper routing. Counsel should not deliver chambers copies of
26 discovery matters. Counsel must follow the Magistrate Judge’s procedures for
27 scheduling matters for hearing. These procedures are stated on each Magistrate
28 Judge’s webpage.
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1 2. Limited District Court Review of Discovery Matters. The decision of
2 the Magistrate Judge on all discovery matters shall be final, subject to limited review
3 requiring a showing that the decision is clearly erroneous or contrary to law. See 28
4 U.S.C. § 636(b)(1)(A). Any motion for review of a Magistrate Judge’s decision must
5 be noticed before the District Court Judge within fourteen (14) days of service of the
6 Magistrate Judge’s written ruling, or within fourteen (14) days of an oral ruling that
7 the Magistrate Judge states will not be followed by a written ruling. The motion must
8 specify which portions of the ruling are clearly erroneous or contrary to law, and the
9 claim must be supported by points and authorities. Counsel shall provide the
10 Magistrate Judge chambers copies of the moving papers and responses.
11 3. Timing of Discovery. Unless there is a likelihood that, upon motion by
12 a party, the court would order that discovery be stayed, the parties should begin to
13 propound discovery before the Scheduling Conference. The parties must comply fully
14 with the letter and spirit of Fed. R. Civ. P. 26(a) and produce discovery promptly. At
15 the Scheduling Conference, the court will impose firm deadlines governing the
16 completion of discovery.
17 4. Discovery Protective Orders. Proposed protective orders for discovery
18 must be submitted to the assigned Magistrate Judge. Such orders should not purport
19 to allow, without further order of the Court, the filing under seal of pleadings or
20 documents filed in connection with a dispositive motion, a class certification motion,
21 or trial before the Court. The existence of a protective order does not alone justify the
22 filing of pleadings or other documents under seal, in whole or in part.
23 F. SCHEDULING CONFERENCE
24 Pursuant to Fed. R. Civ. P.16(b), the Court will issue an Order Setting
25 Scheduling Conference. The parties are required to strictly comply with Fed. R. Civ.
26 P. 16 and 26, as well as this Court’s Orders.
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2 G. MOTIONS – GENERAL REQUIREMENTS APPLICABLE TO ALL
3 MOTIONS
4 1. Local Rule 7-3 Pre-Filing Meet and Confer Requirement.
5 (a) Scope. The Court strictly enforces L.R. 7-3, which requires
6 counsel to engage in a prefiling conference “to discuss thoroughly . . . the substance of
7 the contemplated motion and any potential resolution.” This requirement applies in
8 all cases, including those with Pro Se Litigants. This Court requires parties through
9 Counsel to meet and confer about any potentially disputed matter (except those
10 identified in L.R. 7-3 and 16-12) before presenting it to the Court, including requests
11 to continue any matter, applications to file under seal, and other filings seeking a court
12 order. The purpose of meeting and conferring is to attempt to obviate the need for a
13 motion and thus avoid unnecessary Court intervention. If the parties are unable to
14 fully resolve the dispute, they shall attempt to narrow the scope of contested issues.
15 Counsel must meet and confer in good faith.
16 (b) Method. Parties must meet and confer either by videoconference
17 or in person. Email correspondence is insufficient.
18 (c) Compliance Statement Required. The moving party must
19 include in the signed notice of motion a truthful representation of full compliance with
20 L.R. 7-3, stating that the parties “thoroughly discussed the substance and potential
21 resolution of the filed motion [by videoconference or in person].”
22 (d) Non-Compliance. If an opposing party refuses to participate in
23 good faith, the moving party shall explain the refusal in detail. Failure by any party to
24 comply in good faith with the “meet and confer” requirement may result in an order to
25 show cause re: sanctions—including, as appropriate, striking or denying the motion,
26 deeming the motion unopposed, and/or awarding monetary sanctions.
27 2. Scheduling Motions Hearings. Motions must be filed in accordance
28 with L.R. 6 and 7. Judge Hsu hears civil motions on Fridays beginning at 1:30 p.m. It
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1 is not necessary to clear a hearing date with the CRD before filing a motion.
2 Immediately before filing the motion, parties must check the closed motion dates
3 column located on the right side of Judge Hsu’s Procedures and Schedules Pages on
4 the Court’s website to make sure the hearing date has not been closed. The closed
5 date column is typically updated on a weekly and sometimes daily basis. If a motion
6 is noticed for a date that is not available, the Court may strike or reset the motion.
7 3. Briefing Schedule. To allow Chambers enough time to prepare, the
8 parties must adhere to the briefing schedule set forth in L.R. 7-9 and 7-10 for all
9 motions, except Rule 56 motions. For Rule 56 motions, the parties should review and
10 comply with Judge Hsu’s Standing Order for Motions for Summary Judgment., which
11 include joint briefing requirements. The parties’ Joint Brief must be filed no later than
12 six (6) weeks before the scheduled hearing date. In patent cases, the parties should
13 review and comply with Judge Hsu’s Standing Order regarding Patent Cases. When
14 scheduling motion hearing dates, professional courtesy dictates that the parties should
15 accommodate each other’s schedules, including vacation and holiday schedules,
16 whenever possible.
17 4. Length and Format of Motion Papers. Memoranda of points and
18 authorities in support of or in opposition to motions (besides motions in limine) shall
19 not exceed 7,000 words. Replies shall not exceed 4,000 words. These page counts
20 include headings, footnotes, and quotations but exclude the caption, the table of
21 contents, the table of authorities, the signature block, the certification required by L.R.
22 11-6.2, and any indices and exhibits. Only rarely and for good cause shown will the
23 Court grant an application to extend these word count limitations. Pursuant to L.R.
24 11-3.1.1, either a proportionally spaced or monospaced face may be used. Typeface
25 shall comply with L.R. 11-3.1.1. Times New Roman font must be no less than 14
26 point; Courier font must be no less than 12 point. Footnotes shall be in the same font
27 and the same size as the body of the memorandum. Counsel shall adhere to L.R. 5-4.3
28 with respect to the conversion of all documents to .pdf format so that when a
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1 document is electronically filed, it is in proper size and is .pdf searchable. Further, all
2 documents shall be filed in a format so that text can be selected, copied, and pasted
3 directly from the document. See L.R. 5-4.3.
4 5. Limitations on Briefing.
5 (a) Notice of Supplemental Authority. No supplemental briefs may
6 be filed without prior leave of court. Parties, however, may file a Notice of
7 Supplemental Authority after submitting their brief but before the Court has issued a
8 final decision to provide the Court with a recently decided case that is either
9 persuasive or controlling authority. The Notice of Supplemental Authority must only
10 contain the case(es) or citation(s) that the parties request that the Court consider but
11 shall not include any substantive arguments unless leave to do so has been granted.
12 (b) Certificate of Compliance. A certificate of compliance is
13 required for every brief filed before this Court as set forth in Local Rule 11-6.2. The
14 certificate of compliance must contain a word count, which complies with the above-
15 mentioned word limitations discussed in Section G.4. Failure to include the
16 certification of compliance and/or word count may result in the motion being
17 stricken.
18 6. Citations to Authority. Statutes should be cited in accordance with the
19 Bluebook. Citations that support a statement in the main text must be included in the
20 main text, not in the footnotes.
21 (a) Case Citations. Case citations must identify both the case cited
22 and the specific page referenced. Parties should not use string cites without a good
23 reason. When using string cites, a party should include a parenthetical explanation for
24 each cited case. When citing to legal databases (which is not encouraged), cite to
25 Westlaw whenever possible.
26 (b) Statutory References. Statutory references should identify with
27 specificity the sections and subsections referenced. Citations should be to the relevant
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1 official statutory code (e.g., the U.S. Code) and should not merely reference the
2 popular name of an act.
3 (c) Citations to Other Sources. Citations to treatises, manuals, and
4 other materials should include the volume, section, and relevant pages. Attach copies
5 if these materials are not accessible on Westlaw, especially for historical materials
6 (e.g., older legislative history).
7 H. MOTIONS – SPECIFIC REQUIREMENTS
8 1. Motions Pursuant to Federal Rule of Civil Procedure 12. Many
9 motions to dismiss or strike can be avoided if the parties confer in good faith as
10 required by L.R. 7-3, especially for perceived defects in a complaint, answer, or
11 counterclaim that can be corrected by amendment. See Polich v. Burlington N., Inc.,
12 942 F.2d 1467, 1472 (9th Cir. 1991) (noting that where a motion to dismiss is granted,
13 a district court should grant leave to amend unless it is clear the complaint cannot be
14 saved by amendment). Moreover, a party has the right to amend the complaint “once
15 as a matter of course at any time before a responsive pleading is served.” Fed. R. Civ.
16 P. 15(a). Even after a complaint has been amended or a responsive pleading has been
17 served, the Federal Rules of Civil Procedure provide that leave to amend should be
18 “freely given when justice so requires.” Fed. R. Civ. P. 15(a). Indeed, the Ninth
19 Circuit requires that this policy favoring amendment be applied with “extreme
20 liberality.” Morongo Band of Mission Indians v. Rose, 893 F.2d 1074, 1079 (9th Cir.
21 1990). Consequently, parties should carefully consider and weigh an opponent’s
22 contentions as to the deficiencies in a pleading to determine if an amendment would
23 cure the defects. The moving party, in turn, should agree to any amendment that
24 would cure the defect.
25 2. Motions to Amend. In addition to the requirements of L.R. 15-1, all
26 motions to amend pleadings shall: (1) state the effect of the amendment; (2) be serially
27 numbered to differentiate the amendment from previous amendments; and (3) state the
28 page and line number(s) and wording of any proposed change or addition of material.
13.
1 Counsel shall electronically file a “Notice of Lodging” attaching the proposed
2 amended pleading as a document separate from the motion, as well as a “redlined”
3 version of the proposed amended pleading identifying all additions and deletions of
4 material as an appendix to the moving papers.
5 3. Motions and Stipulations to Continue. Continuances are granted only
6 on a showing of good cause. Requests for continuances must be made before the date
7 to be continued and by motion or stipulation, along with a proposed order. Motions
8 and stipulations must be accompanied by a detailed declaration setting forth the
9 specific reasons for the requested continuance and the precise deadline(s) the parties
10 propose. A stipulation that fails to list the precise date(s) the parties wish to move,
11 and the new date(s) they propose, will be denied for failure to comply with this
12 Standing Order. For example, if the stipulation improperly proposes that all deadlines
13 be moved by “60 days” without specifying the proposed new dates that would result
14 from that requested continuance, the Court will deny the request. The declaration also
15 should state whether there have been any previous requests for continuances; whether
16 these requests were granted or denied by the Court; what efforts were made to meet
17 the existing deadline; and what, if any, prejudice would result if the request is denied.
18 Stipulations extending dates set by this Court are not effective unless approved by the
19 Court. Continuances will not be granted routinely.
20 4. Motions in Limine. Motions in limine shall be noticed for hearing on the
21 Final Pretrial Conference Date.
22 5. Daubert Motions. Daubert motions shall be noticed for hearing not later
23 than eight (8) weeks before the Final Pretrial Conference date.
24 6. Motions for Class Certification. If this action is a putative class action,
25 the parties are to act diligently and begin discovery immediately, so that the motion
26 for class certification can be filed expeditiously. This Court requires an extended
27 briefing schedule for motions for class certification. Parties are advised to refer to the
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1 Court’s Order Setting Scheduling Conference for additional guidance as to filing and
2 timing of motions for class certification.
3 7. Motions Pursuant to Federal Rule of Civil Procedure 56 (Summary
4 Judgment/Summary Adjudication Motions). For the requirements specific to Rule
5 56 motions, the parties shall refer to the Court’s Standing Order for Motions for
6 Summary Judgment located on the Court’s website
7 (https://www.cacd.uscourts.gov/honorable-wesley-l-hsu). The parties are expected to
8 comply with all the Court’s requirements.
9 8. Motions for Attorneys’ Fees. Motions for attorneys’ fees shall be
10 electronically filed and set for hearing according to L.R. 6-1 and this Order. Any
11 motion or request for attorneys’ fees shall attach two summaries, in table form, of the
12 hours worked by and billing rate of each attorney with title (e.g., partner, counsel,
13 associate, etc.). The first table shall include a summary of the hours worked by each
14 attorney, organized by task (e.g., discovery, motion to dismiss, motion for summary
15 judgment). The second table shall include a summary of the hours worked by each
16 attorney, organized by attorney. Both tables shall list all the tasks on which the
17 attorney worked, the hours worked on each task, and the hourly rate of each attorney.
18 If the hourly rate charged by any individual attorney changed while the action was
19 ongoing, the party shall provide separate calculations for the total number of hours the
20 attorney spent in connection with each task at each hourly rate. All tables shall be
21 attached to the motion and electronically filed. The courtesy copies of the tables shall
22 be prepared in Excel, have all restrictions removed so the spreadsheets can be edited,
23 and be emailed to the Court’s chambers email address at
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[email protected].
25 9. PLRA Exhaustion Motions. The issue of exhaustion under the Prison
26 Litigation Reform Act (“PLRA”) must be raised at the beginning of the litigation.
27 Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014). A party seeking to obtain a
28 judicial determination of any material fact dispute precluding summary judgment on
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1 the exhaustion issue must file before this Court a request for a hearing within fourteen
2 (14) days of the filing of the order denying summary judgment. The failure to file a
3 timely request may be construed as a waiver of the exhaustion issue.
4 I. HEARINGS
5 1. Oral Argument Time Limits. If oral argument is permitted, the parties
6 will have a ten (10) minutes each for oral argument, unless the Court states otherwise.
7 If the Court believes that the matter warrants less or more time, it will advise counsel
8 at the hearing.
9 2. Submission Without Oral Argument. Pursuant to Fed. R. Civ. P. 78
10 and L.R. 7-15, the Court may deem a matter appropriate for decision without oral
11 argument. If, however, a written request for oral argument is filed by any side before
12 a ruling, stating that a lawyer of five or fewer years out of law school will conduct the
13 oral argument or at least the lion’s share, then the Court will hear oral argument,
14 believing that young lawyers need more opportunities for appearances than they
15 usually receive. Such a request must be submitted at least two weeks prior to the
16 scheduled hearing via separate docket entry.
17 3. Remote Appearances. Remote appearances are disfavored absent good
18 cause shown in a declaration concurrently filed with the moving papers or the
19 opposition.
20 4. Telephonic Hearings. The Court seldom permits telephonic
21 appearances. The Court strongly prefers counsel to appear in person for motion
22 hearings and pretrial and settlement conferences. If exceptional circumstances exist,
23 counsel may file an application to appear telephonically detailing such circumstance.
24 5. Settlement. Counsel must notify the Court at least two (2) weeks before
25 the scheduled hearing if the parties are conducting settlement discussions that may
26 render the motion moot and must notify the Court immediately if a settlement is
27 reached. A belated notice of settlement wastes scarce judicial resources.
28 ///
16.
1 J. EX PARTE APPLICATIONS (INCLUDING TEMPORARY
2 RESTRAINING ORDERS AND APPLICATIONS FOR INJUNCTIVE
3 RELIEF)
4 The Court considers ex parte applications on the papers and does not usually set
5 these matters for hearing. If a hearing is necessary, the parties will be notified. Ex
6 parte applications are solely for extraordinary relief and should be used with
7 discretion. See Mission Power Engineering Co. v. Continental Casualty Co., 883 F.
8 Supp. 488 (C.D. Cal. 1995). Any party seeking ex parte relief, including temporary
9 restraining order and preliminary injunctions under Fed. R. Civ. P. 65, must comply
10 with L.R. 7-19 (and L.R. 65 for temporary restraining orders and preliminary
11 injunctions). The moving party must also serve the opposing party by email, fax, or
12 personal service, and notify that party that opposing papers must be filed not later than
13 forty-eight (48) hours following service or by 3:00 p.m. on the first court day after the
14 service, whichever is later. The opposing party should advise the CRD as soon as
15 possible whether it intends to oppose the ex parte application. The application will
16 not be considered until a Mandatory Chambers Copy has been provided. Reply briefs
17 in support of ex parte applications are not permitted. The parties must provide
18 chambers copies of TRO-related documents on the same day they are filed. The Court
19 generally will not rule on any application for such relief for at least forty-eight (48)
20 hours (or two (2) court days) after the party subject to the requested order has been
21 served unless service is excused or unless the interests of justice so require. The
22 parties should not assume that an unopposed ex parte application will be granted; and
23 a last-minute application (or stipulation) that is denied will not serve to relieve a party
24 of an underlying obligation (e.g., a soon-to-expire deadline).
25 K. USE OF ARTIFICIAL INTELLIGENCE IN PROCEEDINGS IN THIS
26 COURT
27 1. Generally. The Court is aware of technological developments regarding
28 artificial intelligence and the impacts on litigation. The use of generative AI
17.
1 (hereafter referred to as “AI”), which can create unique content at a user’s prompting,
2 is of particular relevance for federal practice. The use of AI tools is not prohibited in
3 this Court, but counsel and parties are cautioned that unqualified reliance on AI-
4 generated content can result in filings that rely on misrepresentations and hallucinated,
5 nonexistent caselaw.
6 2. Applicability. Provisions herein providing restrictions on the use of AI
7 in this Court do not apply to tasks unrelated or only tangentially related to the practice
8 of law, or to tasks not involved in the creation of text for submission to this court,
9 unless expressly stated otherwise. These provisions are to be reasonably construed
10 and applied as AI technology continues to develop.
11 3. AI and Case Management. Parties are encouraged to raise AI-related
12 issues and proposals at case management conferences.
13 4. State and American Bar Association Guidelines. Counsel are
14 expected to abide by the California State Bar’s guidance on the use of AI and should
15 also conduct themselves in accordance with the ABA’s Resolution 604 (2023)
16 regarding accountability for the use of AI.
17 5. Rule 11 Obligations. Fed. R. Civ. P. 11 imposes a duty on counsel to
18 certify that they have conducted a reasonable inquiry and determined that any papers
19 filed with this court are well-grounded in fact and legally tenable. All generative AI
20 outputs must be reviewed for accuracy, but counsel must do more than simply detect
21 and eliminate false AI-generated results to practice due diligence. Professional
22 judgment cannot be delegated to an AI tool. Counsel alone bears responsibility for all
23 statements made in filings. Failure to exercise due care in reviewing and filing any
24 work product created with the assistance of AI tools may violate Rule 11 and subject
25 the filer to sanctions.
26 6. Required Certification of Filings. Any filing prepared using AI should
27 indicate as such on its caption title. Any party who uses AI to generate any portion of
28 a filing, must attach to that filing a separate declaration that, in a clear and plain
18.
1 factual statement: (1) discloses the use of AI, (2) certifies that the filer has reviewed
2 the source material and verified the accuracy of all content and each citation in the
3 filing and (3) specifies which portions of the filing were prepared using AI. Such
4 certifications should be made by a litigant’s lead counsel.
5 7. Retention of Records. Counsel is responsible for maintaining records of
6 all prompts of inquiries submitted to any AI tools. Counsel is also responsible for
7 maintaining records sufficient to identify which portions of filings submitted were
8 prepared using an AI tool.
9 8. Discovery. As AI tools become more widely adopted, this Court
10 recognizes that AI-generated documents may become evidence or exhibits in litigation
11 or be the subject of factual disputes. Accordingly, parties must disclose and produce
12 AI-generated evidentiary material during discovery. Counsel shall serve a notice
13 identifying any AI-generated material introduced as evidence, with sufficient
14 specificity to locate such material by Bates number. AI-generated material introduced
15 without this accompanying notice will not be considered. At the time of submitting
16 any AI-generated evidentiary material to the Court, parties must file and serve
17 declarations to address each materials’ authenticity as required under the Federal
18 Rules of Evidence.
19 9. Restrictions on Uploading of Discovery to Public Generative AI
20 Systems. Parties shall refrain from uploading discovery received from the other side
21 to public generative AI systems. This prohibition does not extend to uploads to
22 enterprise or closed/private AI systems.
23 10. Confidentiality. The owners of any AI tool may have access to
24 information, prompts, and inquiries entered. Thus, counsel and parties must maintain
25 confidentiality with privileged information when using any AI tool, including
26 complying with protective orders. Counsel must also anonymize any client
27 information in any prompts to an AI tool and maintain records sufficient to establish
28 their compliance with the confidentiality provisions of this order.
19.
1 11. Arbitration. Any arbitrator presiding over an action referred from this
2 Court may not delegate any part of their work to an AI tool. Such arbitrators may not
3 rely on information generated by an AI tool outside of the factual records. Arbitrators
4 remain responsible for all aspects of an award, regardless of any potential use of any
5 AI tool in decision making.
6 L. CLASS ACTIONS
7 K.A. Generally.OTHER MATTERS
8 1. Class Actions. If this action is a putative class action, the parties are to
9 act diligently and begin discovery immediately so that the motion for class
10 certification can be filed expeditiously. A motion for class certification must be filed
11 not later than one hundred and twenty (120) days from the date initially set for the
12 scheduling conference, unless the Court orders otherwise.
13 2. Preliminary Approval. In any motion for preliminary approval of a
14 class actions settlement, the parties should address the settlement administrator’s
15 procedures for securely handling class member data (including technical,
16 administrative, and physical controls; retention; destruction; audits; crisis response;
17 etc.), the settlement administrator’s acceptance of responsibility and maintenance of
18 insurance in case of errors, the anticipated administrative costs, the reasonableness of
19 those costs in relation to the value of the settlement and who will pay the costs. The
20 motion must also address the following:
21 3. Fraud Prevention in Settlement Fund. The Court is aware of the
22 increasing incidence of fraudulent claims in class action settlements. Accordingly, the
23 parties should consider retaining experienced claims administrators that incorporate
24 fraud prevention and detection systems. The parties must include a claims
25 administrator’s fraud prevention measures in any motion for preliminary approval to
26 allow the Court to evaluate their adequacy. Parties should make sure the settlement
27 agreement allows the claims administrator with sufficient authority and time to
28 implement such procedures, including, where appropriate, the ability to request
20.
1 supplemental information or documentation from class members and to employ
2 verification techniques.
3 4. Notice Distribution Plan. The parties should explain how the notice
4 distribution plan is effective. Class counsel should consider different methods to
5 enhance notice to class members, including identifying potential class members
6 through third-party data sources; using text messaging and social media; retaining a
7 marketing specialist; creating a settlement website that allows class members to
8 estimate their claims amounts and is periodically updated to reflect accurate claim
9 amounts based on participation; and offering direct deposit for distributions. The
10 parties should also evaluate whether notice by mail, email, and/or social media is
11 appropriate to provide the best notice practicable under the circumstances, consistent
12 with Rule 23(c)(2) of the Federal Rules of Civil Procedure. Moreover, the parties
13 should consider whether claims and opt-out forms may be filed online and whether
14 maintaining a settlement website is appropriate. If any of these measures are not
15 implemented, the parties should be prepared to explain why. Finally, the notice plan
16 should address whether a significant portion of the class has limited English
17 proficiency and, if so, whether notice should be provided in additional languages.
18 M. OTHER MATTERS
19 2.1. ERISA Cases (Benefits Claims). The Court will hear motions to
20 determine the standard of review, whether discovery will be permitted, and the scope
21 of the administrative record. Counsel are discouraged from filing motions for
22 summary judgment or partial summary judgment on any other issue. If they choose to
23 do so, they must distinguish Kearney v. Standard Insurance Co., 175 F.3d 1084, 1093-
24 95 (9th Cir. 1999) in the moving papers and explain why summary judgment is not
25 precluded. The parties may receive a scheduling conference order as a matter of
26 course. Because the ordinary pretrial and trial schedule does not apply to these
27 ERISA cases, the parties need only submit a joint status report identifying any special
28 issues that should be considered. The parties should proceed with the preparation of
21.
1 the administrative record and briefing without delay upon service of the complaint. A
2 court trial, ordinarily limited to oral argument on the administrative record, will be
3 scheduled within six (6) months from the filing of the original complaint, unless good
4 cause for additional time is shown in the status report. If the Court concludes that the
5 decision would not benefit from oral argument, the matter may be submitted for
6 decision on the papers.
7 3.2. Bankruptcy Appeals. Counsel must comply with the Notice Regarding
8 Appeal from Bankruptcy Court issued at the time the appeal is filed in the district
9 court. The matter is deemed under submission on the filing of the appellant’s reply
10 brief. The Court considers bankruptcy appeals on the papers and usually does not set
11 these matters for hearing.
12 L.N. CONSEQUENCES FOR NON-COMPLIANCE WITH THIS ORDER
13 If, without satisfactory explanation, counsel fail to file the required Joint Rule
14 26(f) Report or the required pretrial documents, fail to appear at any scheduled
15 proceeding, or otherwise fail to comply with the Court’s Orders or rules, the Court
16 shall take any action it deems appropriate, including: (i) dismissal of the case for
17 failure to prosecute, if the failure occurs on the part of the plaintiff; (ii) striking the
18 answer resulting in default if such failure occurs on the part of the defendant; and/or
19 (iii) imposing monetary sanctions against the offending party and counsel.
20
21 IT IS SO ORDERED.
22
Dated: July 23, 2026
23 ______________________________________
24 HON. WESLEY L. HSU
UNITED STATES DISTRICT JUDGE
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