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8 UNITED STATES DISTRICT COURT
9 FOR THE CENTRAL DISTRICT OF CALIFORNIA
10
11 [Party], Case No.
12 Plaintiff(s),
STANDING ORDER
13 v.
14 [Party],
15 Defendant(s).
16
17
18 PLEASE READ THIS ORDER CAREFULLY. IT CONTROLS THIS
19 CASE AND DIFFERS IN SOME RESPECTS FROM THE
20 LOCAL RULES.
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22 • If this case was removed to this Court, then the removing Defendant is
23 DIRECTED forthwith to serve this Order on all other parties.
24 • Otherwise, Plaintiff is DIRECTED forthwith to serve this Order on all
25 parties.
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1 This action has been assigned to the calendar of Judge John W. Holcomb.
2 The Court and the litigants bear joint responsibility for the progress of
3 litigation in the Federal Courts. To secure the just, speedy, and inexpensive
4 determination of every action, see Fed. R. Civ. P. 1, all counsel are hereby
5 DIRECTED to become familiar with the Federal Rules of Civil Procedure and
6 the Local Rules of the Central District of California.
7 The Court further ORDERS as follows:
8 1. Service of the Complaint. Plaintiff shall serve the Complaint
9 promptly in accordance with Rule 4 of the Federal Rules of Civil Procedure and
10 shall file the proofs of service pursuant to L.R. 5-3.1.
11 2. Removed Actions. Any answers filed in state court must be
12 re-filed in this Court, either as an exhibit to the Notice of Removal or as a
13 separate filing. Any pending motions must be re-noticed in accordance with
14 L.R. 6-1.
15 3. Disclosure Statement. Counsel are DIRECTED to review
16 thoroughly Rule 7.1 and to comply strictly with its instruction to file a compliant
17 Disclosure Statement. A party’s failure to file a timely and complete Disclosure
18 Statement in accordance with Rule 7.1 is a basis for sanctions.
19 4. Assignment to a Magistrate Judge. Under 28 U.S.C. § 636, the
20 parties may consent to have a Magistrate Judge preside over all proceedings.
21 The Magistrate Judges who accept those designations are identified on the
22 Central District’s website, which also contains the consent form.
23 5. Electronic Filing and Formatting. This Court uses an electronic
24 filing system for documents. Information regarding the Court’s Electronic Case
25 Filing system is available on the Court’s website at
26 www.cacd.uscourts.gov/cmecf.
27 All documents required to be e-filed in this matter can be found in
28 General Order No. 10-07 (as updated and amended) and L.R. 5-4. The Court
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1 specifically directs litigants to L.R. 5-4.3.1, requiring that all electronically filed
2 documents be created by publishing the document to PDF, and not by scanning
3 paper documents. The Court also specifically directs litigants to L.R. 11-3.1.1,
4 requiring that all documents use a font size of 14-point or larger.
5 6. Mandatory Chambers Copies. All original filings are to be filed
6 electronically pursuant to L.R. 5-4. The Court requires one (1) Mandatory
7 Chambers Copy of ONLY the following filed documents: motions and related
8 documents (e.g., oppositions, replies, exhibits); and ex parte applications and
9 related documents (e.g., oppositions and exhibits). Mandatory Chambers
10 Copies shall be delivered to the Courtesy Box, located outside of Courtroom 9D
11 on the ninth floor of the United States District Court, 411 W. 4th Street,
12 Santa Ana, California 92701, no later than 5:00 p.m. on the first court day
13 following the e-filing. Alternatively, counsel may transmit such conformed
14 copies via FedEx, UPS, or other overnight service, for delivery no later than
15 5:00 p.m. on the first court day following the e-filing, addressed to the Chambers
16 of Judge John W. Holcomb, U.S. District Court for the Central District of
17 California, Room 9-160, 411 W. 4th Street, Santa Ana, California 92701. All
18 Mandatory Chambers Copies shall comply with the document formatting
19 requirements of L.R. 11-3, except for the blue-backing requirement of
20 L.R. 11-4.1, which is hereby waived. If the filing party and its counsel fail to
21 deliver a Mandatory Chambers Copy in full compliance with this Order and
22 L.R. 11-3, then the Court may reschedule any related hearing and impose
23 sanctions.
24 7. Proposed Orders. Each party filing or opposing a motion or
25 seeking the determination of any matter shall serve and electronically lodge a
26 proposed order that sets forth the relief or action sought and a brief statement of
27 the rationale for the decision with appropriate citations.
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1 8. Presence of Lead Counsel. Lead trial counsel for each party must
2 attend every status conference, scheduling conference, and pretrial conference
3 set by the Court. Failure of lead trial counsel to appear for those proceedings is
4 a basis for sanctions.
5 9. Pro Hac Vice Admissions. Counsel who are not members of the
6 State Bar of California may seek admission to appear in this action pro hac vice, in
7 accordance with L.R. 83-2.1.3. The Court will not approve a pro hac vice
8 application unless the applicant complies strictly with all requirements set forth
9 in the Local Rules, including the applicant’s obligation to designate local counsel
10 who is a member of the bar of the Central District and who maintains an office
11 within the Central District. See L.R. 83-2.1.3.4. Counsel who have been
12 admitted pro hac vice are not relieved from the obligation to appear in person
13 for hearings.
14 10. Discovery. All discovery matters have been referred to a United
15 States Magistrate Judge. The Magistrate Judge’s initials follow the District
16 Judge’s initials in the case number assigned to the matter. The words
17 “DISCOVERY MATTER” shall appear in the caption of all documents relating
18 to discovery to insure proper routing. Unless the assigned Magistrate Judge
19 explicitly waives the Mandatory Chambers Copy rule, counsel shall deliver
20 Mandatory Chambers Copies of discovery-related papers to the assigned
21 Magistrate Judge (rather than to this Court).
22 11. Motions—General Requirements.
23 a. Time for Hearing Motions. Motions shall be filed and set for
24 hearing in person, in Courtroom 9D of the United States District Court
25 for the Central District of California, located at 411 W. 4th Street,
26 Santa Ana, California, in accordance with L.R. 6-1. Motions will be heard
27 on Fridays commencing at 9:00 a.m. Any motion noticed for a holiday or
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1 a day that the Court is not in session may automatically be set to the next
2 Friday without further notice to the parties.
3 b. Length and Format of Motions. Notwithstanding L.R. 11-6.1
4 & 11-6.2, Memoranda of Points and Authorities in support of or in
5 opposition to motions shall not exceed 25 pages. Replies (which are
6 optional) shall not exceed 12 pages. Only in rare instances, and for good
7 cause shown, will the Court grant an application to extend these page
8 limitations. Wherever possible, counsel shall cite to Westlaw rather than
9 Lexis.
10 c. Page Numbering. Parties shall consecutively number the
11 pages of all documents submitted to the court and shall affix the page
12 number at the bottom of each page (except for the caption page). For
13 example, if a memorandum of points and authorities exceeds 10
14 substantive pages, then it is required to contain a table of contents and a
15 table of authorities. See L.R. 11-8. If, hypothetically, the caption of this
16 memorandum occupies only one page and the table of contents is two
17 pages long and the table of authorities is four pages long, then the table of
18 contents would start on page 2 (not “i”); the table of authorities would
19 start on page 4 (not “iii”); and the substantive brief would start on page 8
20 (not “1”). If the brief itself is 25 pages long (in accordance with
21 Paragraph 11(b) above), then it would end on page 32.
22 d. Voluminous Materials. If documentary evidence in support
23 of or in opposition to a motion exceeds 50 pages, the evidence must be
24 separately bound and tabbed and include an index. If such evidence
25 exceeds 200 pages, the documents shall be placed in a three-ring binder,
26 with an index and with each item of evidence separated by a tab divider.
27 e. Withdrawal of, or Non-Opposition to, Motions. In the event
28 that the parties resolve a pending motion, they must notify the Court
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1 immediately. Sanctions may issue for failure to comply with this
2 requirement, or the broader requirement set forth in L.R. 7-16 that any
3 party who intends to withdraw a motion, not to oppose a motion, or to
4 seek a continuance of the hearing date for a motion, must notify the Court
5 by 12:00 noon on the Tuesday preceding the hearing date.
6 12. Amended Pleadings. In addition to the requirements of L.R. 15,
7 all motions to amend pleadings shall (a) state the effect of the amendment; and
8 (b) identify the page(s), line number(s), and wording of any proposed change or
9 addition of material.
10 Parties amending their pleadings for whatever reason—including those
11 previously dismissed with leave to amend—must file a redlined copy that
12 compares their amended pleading with their previous pleading. An additional
13 copy of the redlined pleading shall be provided to Chambers by email at
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[email protected] on the same day that the amended
15 pleading is filed electronically. Handwritten pleadings are the only exception.
16 When handwritten pleadings are amended, the party shall identify which
17 paragraphs have been modified in a separate statement. This paragraph applies
18 equally to complaints, answers, counterclaims, cross-complaints, and
19 supplemental pleadings. Absent a showing of good cause, a party’s failure to
20 comply with this paragraph will result in the Court striking the party’s amended
21 pleading.
22 13. Class Actions. Notwithstanding L.R. 23-3, the deadline for the
23 filing of a motion for class certification will be set during the Scheduling
24 Conference or in a Scheduling Order. If the Court does not expressly set a
25 separate deadline for the filing of a motion for class certification, then such
26 deadline shall be the same as the deadline for filing dispositive motions. No
27 request for relief from L.R. 23-3 is necessary.
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1 14. Motions for Summary Judgment or Partial Summary Judgment.
2 This Court’s procedures for summary judgment motions differ from those set
3 forth in Rule 56 and in this Court’s Local Rules. Please read this paragraph
4 carefully and comply with it.
5 No party may file more than one motion pursuant to Rule 56, regardless of
6 whether such motion is denominated as a motion for summary judgment or
7 summary adjudication.
8 a. The Joint Exhibit
9 Parties must consolidate any exhibits, affidavits, declarations, or other
10 documents cited as evidence into a single document (the “Joint Exhibit”). 1 If
11 the file is too large to upload as a single document, then the parties may break it
12 into two or more files; e.g., Joint Exhibit Part A, Joint Exhibit Part B, and so on.
13 Whether in a single document or several, the Joint Exhibit should be
14 consecutively paginated. For example, if the first document (Part A) starts at
15 page 1 and ends at page 100, then the second document (Part B) should begin on
16 page 101, and so on. A table of contents, if needed, should be submitted under
17 separate cover.
18 A recommended format the parties may adopt when citing to the Joint
19 Exhibit is “Joint Exhibit Part C at 250:3-7 (Deposition of Passenger B),” where:
20 • “Joint Exhibit Part C” indicates this evidence can be found in the third
21 document (assuming here that the Joint Exhibit had to be broken up into
22 multiple documents); 2
23 • “250” represents the page number of the Joint Exhibit where the
24 evidence can be found;
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26 The Court excludes non-evidentiary documents on the docket from this
definition; e.g., the complaint, the answer, prior motions, and past orders.
27 2
If the documents and evidence of the Joint Exhibit can fit as one PDF,
then there is no need for the suffix “Part A.” The parties would simply cite it as
28 “Joint Exhibit at 250:3-7 (Deposition of Passenger B).”
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1 • “3-7” indicates that the evidence can be found on lines 3 through 7; and
2 • the parenthetical “Deposition of Passenger B” is a concise, descriptive
3 title of the underlying source document or evidence being cited.
4 Parties offering evidence in support of, or in opposition to, a Rule 56
5 motion must cite to specific page and line numbers in depositions and paragraph
6 numbers in declarations and affidavits. If a line number or paragraph number is
7 not available (e.g., the citation is to a visual image or a handwritten note or some
8 other document without identifiable lines or paragraph numbers), only then will
9 providing the page number(s) suffice. Furthermore, such evidence must be
10 authenticated properly. The Court directs the parties to become familiar with
11 Orr v. Bank of America, NT & SA, 285 F.3d 764 (9th Cir. 2002).
12 b. The Joint Statement of Undisputed Facts and Genuine
13 Disputes
14 The moving party’s motion shall also be accompanied by a Joint
15 Statement of Undisputed Facts and Genuine Disputes (the “Joint Statement”).
16 The parties must cite to the factual statements set forth in the Joint Statement in
17 their respective briefs for any fact that they wish to identify as a material fact
18 under Rule 56(a). In turn, the Joint Statement will cite only to the Joint Exhibit.
19 Citations found in the briefs to any individual exhibits or the Joint Exhibit will be
20 disregarded. 3
21 Prior to filing the motion, the parties shall meet and confer to complete
22 the Joint Statement. Parties should allow sufficient time and plan accordingly
23 in view of the deadline for hearing dispositive motions; the process of preparing
24 the Joint Statement is intensive. Furthermore, the Court will order the parties
25 to redo any Joint Statement that fails to comply substantially with the
26 instructions in this Standing Order or that otherwise evinces a lack of
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Parties are directed to consult the demonstratives in the Appendix of this
28 Standing Order for further explication.
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1 thoroughness on behalf of the parties (e.g., too many frivolous objections; too
2 many redundant factual statements; improper citations; etc.).
3 The Joint Statement shall be presented in a table format. An illustrative
4 example of the Joint Statement is set forth below:
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6 No. Proponent Statement of Fact Supporting
Evidence
Opponent’s Response Proponent’s Reply
1. Plaintiff Plaintiff was driving Joint Exhibit Undisputed.
7 her car when she Part A at 10, ¶ 2
went through the (Pl.’s Decl.).
8 intersection.
2. Plaintiff The light was green Joint Exhibit Disputed. The light was red
9 when Plaintiff went Part A at 10, ¶ 4 when Plaintiff traveled
through the (Pl.’s Decl.). through the intersection.
10 intersection. Joint Exhibit Part C at 253:3-
11 (Def.’s Expert Report).
11 3. Plaintiff Plaintiff was driving Joint Exhibit Disputed. Plaintiff was
at 35 miles per hour Part A at 10, ¶ 7 driving 52 miles per hour
when she traveled (Pl.’s Decl.); Joint when she went through the
12 through the Exhibit Part B at intersection. Joint Exhibit
intersection. 115, ¶ 14 (Report Part C at 253:11-254:2 (Def.’s
13 by Pl.’s Expert). Expert Report).
4. Defendant Passenger A shouted Joint Exhibit Disputed. F.R.E. 802: This F.R.E. 803(2): This
14 at Plaintiff to stop Part C at 25:3-7 statement is inadmissible statement qualifies as a
looking at her phone (Dep. of hearsay because it is a hearsay exception
15 while she drove Passenger B). statement, made by an out- because it was an
through the of-court declarant (Passenger excited utterance that
16 intersection. A), being offered to support occurred moments
the assertion that Plaintiff before the crash.
was looking at her phone
17 while driving in the
intersection.
18 5. Defendant Defendant is a good Joint Exhibit Disputed.
driver. Part B at 118:23- (1) Defendant is not a good (1)(A) Defendant’s
19 28 (Dep. of Def.’s driver. Defendant drove the friend has unreliable
Mother). wrong way on a one-way road memory. Joint Exhibit
20 as recently as a year ago. Part C at 202:2-9 (Decl.
Joint Exhibit Part C at 204:4- of Def.’s Friend).
21 25 (Decl. of Def.’s Friend). (1)(B) Defendant has no
(2) F.R.E. 602, 701: The moving violations on her
supporting evidence is official driving record.
22 inadmissible because the Joint Exhibit Part B at
Defendant’s mother lacks 179 (DMV record).
23 personal knowledge of (2) While Defendant’s
Defendant’s driving. She has mother has not seen her
24 not seen Defendant drive in drive in two years, she
two years. Joint Exhibit remembers Defendant’s
25 Part B at 117:10-12 (Dep. of driving abilities. Joint
Def.’s Mother). Exhibit Part B at 116:15
26 (3) This statement is not a (Dep. of Def.’s
fact; it is an opinion. Mother).
... ... ... ... ... ...
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1 As demonstrated in the illustration above, the Joint Statement shall
2 include the following columns:
3 • The first column shall contain the number of the fact alleged to be
4 undisputed. Separate parties shall not restart the numbering for their
5 facts.
6 • The second column shall name the party proposing the statement of fact
7 (the “Proponent”).
8 • The third column shall contain a plain statement of the fact. Facts shall
9 not be compound. For instance, if the opposing party (the “Opponent”)
10 could respond by asserting that the fact is disputed only in part, then the
11 fact is compound. By meeting and conferring, the Court expects the
12 parties to resolve any instances where compound facts are “disputed in
13 part” by separating the elements that are disputed from those that are not.
14 Those elements will form into new, more granular factual statements.
15 Neither legal arguments nor conclusions constitute facts.
16 • The fourth column shall contain a citation to admissible evidence that the
17 Proponent believes supports the proffered fact. If any party fails to
18 provide a pin cite to the supporting evidence, then the Court will deem
19 the proffered fact (or dispute) unsupported. See generally Christian Legal
20 Soc. v. Wu, 626 F.3d 483, 488 (9th Cir. 2010) (“Judges are not like pigs,
21 hunting for truffles buried in briefs.” (quoting Greenwood v. FAA, 28 F.3d
22 971, 977 (9th Cir. 1994) (quoting United States v. Dunkel, 927 F.2d 955,
23 956 (7th Cir. 1991) (per curiam)) (alteration omitted))). As a rule of
24 thumb, pin citations should refer to no more than five pages at a time.
25 • The fifth column shall first identify whether the proffered statement of
26 fact is disputed or not. The entry must begin with either the word
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1 “Disputed.” or “Undisputed.” and include the period. 4 If the fact is
2 disputed, then the Opponent must concisely (1) identify counter-evidence
3 that contradicts or otherwise disputes the statement of fact, with a brief
4 explanation (a “factual objection”); (2) make an evidentiary objection
5 grounded in the Federal Rules of Evidence; or (3) make an objection
6 explaining why the factual statement does not comport with this Standing
7 Order or other orders from the Court. 5 Counter-evidence must include a
8 pin cite to the record (i.e., a page number and, when available, a line or
9 paragraph number). If a party attempts to dispute a fact but fails to offer
10 any counter-evidence, or only offers counter-evidence that falls short of
11 contradicting the proffered fact, then the Court will deem the fact
12 undisputed for the purposes of the motion. See Fed. R. Civ. P. 56(e)(2);
13 L.R. 56-3. Additionally, any evidentiary objection must cite a specific rule
14 and provide a short rationale or explanation. The Court will disregard
15 “boilerplate recitations of evidentiary principles or blanket objections
16 without analysis applied to specific items of evidence.” Doe v. Starbucks,
17 Inc., 2009 WL 5183773, at *1 (C.D. Cal. Dec. 18, 2009); Amaretto Ranch
18 Breedables v. Ozimals Inc., 907 F. Supp. 2d 1080, 1081 (N.D. Cal. 2012)
19 (“This Court need not address boilerplate evidentiary objections that the
20 parties themselves deem unworthy of development.”). For example,
21 simply asserting that evidence is irrelevant or otherwise lacks
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23 Adding commas, spaces, additional periods, or other extraneous
punctuation can interfere with Excel’s ability to sort columns. The Court
24 strongly advises parties to double-check their work before lodging it with the
Court.
25 5
If one party is routinely forced to make objections grounded in the other
party’s failure to follow instructions (e.g., the Proponent’s factual statement is
26 compound, fails to include a proper citation, or constitutes a statement of legal
opinion rather than fact), then the parties are not, in all likelihood, ready to
27 submit the Joint Statement to the Court. The Court will also factor the
offending party’s conduct into any award of attorneys’ fees and costs, to the
28 extent that such an award is within the Court’s discretion.
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1 foundation—without any specific and tailored explanation why—will not
2 constitute a proper evidentiary objection. See Communities Actively Living
3 Indep. & Free v. City of Los Angeles, 2011 WL 4595993, at *8 (C.D. Cal.
4 Feb. 10, 2011) (summarily overruling boilerplate evidentiary objections
5 when the grounds for the objections were unduly vague and overbroad).
6 If the Opponent has multiple objections, then the Opponent should
7 number them (1), (2), (3), and so on.
8 • In the final column, the Proponent may reply to any objections made by
9 the Opponent. A reply is not strictly necessary. The Court will treat any
10 fact as disputed only when (1) the Opponent objects as such; (2) the
11 Court deems the counter-evidence admissible or the evidentiary objection
12 credible; and (3) the Proponent offers no reply. If the Proponent chooses
13 to respond, then the Proponent must also (a) identify evidence that
14 rehabilitates its statement of fact or undermines the Opponent’s
15 counterevidence; (b) make an evidentiary objection to the
16 counterevidence, citing the specific evidentiary rule and providing a
17 rationale; or (c) explain why the Opponent’s objection is erroneous. Any
18 further citations to the record must, again, include a pin cite. If the
19 Opponent makes multiple objections (factual, evidentiary, or otherwise),
20 then the Proponent should reference the same number when providing a
21 reply. If the Proponent has multiple replies to any given objection, then
22 the Proponent should list them as (A), (B), (C), and so on. 6
23 Parties should use Microsoft Excel for the Joint Statement. 7 The moving party
24 (or parties) must transmit the Excel version of the Joint Statement by email to
25
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26 See item No. 5 in the illustrative table on page 9 above for an example.
7
When using Microsoft Excel, parties should not merge cells; they should
27 use the alt enter function to create paragraph breaks within a single cell. The
parties may stipulate to using a different program, so long as it facilitates
28 legibility.
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1
[email protected] at the time that they file their motion and
2 must also lodge a PDF version of the Joint Statement on the docket.
3 15. Ex Parte Applications. Ex parte applications are considered on the
4 papers, and applicants need not set them for hearing. Counsel are advised that
5 this Court allows ex parte applications solely for extraordinary relief. Sanctions
6 may be imposed for the misuse of ex parte applications. See In re Intermagnetics
7 Am., Inc., 101 B.R. 191 (Bankr. C.D. Cal. 1989). Counsel should become familiar
8 with Mission Power Engineering Co. v. Continental Casualty Co., 883 F. Supp. 488
9 (C.D. Cal. 1995), regarding ex parte applications.
10 The Court also directs counsel’s attention to L.R. 7-19. The moving
11 party’s declaration in support of an ex parte application shall show compliance
12 with L.R. 7-19 and this Order, and it shall include a statement of opposing
13 counsel’s position. Failure to do so ensures the application will be DENIED.
14 The other parties’ opposition, or notice of non-opposition (which notice may be
15 provided telephonically to the Courtroom Deputy Clerk (714-338-4760)), to an
16 ex parte application is due 24 hours—not the next court day—after the other
17 parties’ receipt of the ex parte application. In view of that 24-hour deadline for
18 opposition papers, in the absence of a true emergency, the Court takes a dim
19 view of applicants who file their ex parte applications on Fridays or on the day
20 before a court holiday. As with all motion papers, counsel must deliver a
21 Mandatory Chambers Copy in accordance with Paragraph 6 above. Counsel will
22 be notified of the Court’s ruling, or of a hearing time and date if the Court
23 determines that a hearing is necessary.
24 16. Stipulations. Stipulations extending scheduling dates set by this
25 Court are not effective unless and until approved by the Court. Continuances
26 will be granted only upon a showing of good cause. The assertion that the
27 parties have not concluded their discovery efforts does not constitute “good
28 cause” to extend the case schedule. The assertion that the parties are not ready
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1 for trial does not constitute “good cause.” The assertion that counsel has a
2 crowded trial schedule—without significantly more detail and explanation—
3 does not constitute “good cause.”
4 17. Communications with Chambers. Unless requested to do so,
5 counsel shall not attempt to contact the Court or its staff by telephone or by any
6 other ex parte means. Counsel are directed to review the Central District’s
7 website at www.cacd.uscourts.gov for the Local Rules, filing procedures, judges’
8 procedures and schedules, calendars, forms, and Pacer access. Counsel may
9 contact the Courtroom Deputy Clerk, Clarissa Lara, by telephone at
10 714-338-4736 or by email at
[email protected] only in the event
11 that counsel cannot find the desired information through all available resources.
12 18. Telephonic and Video Appearances. The Court does not
13 conduct telephonic or video hearings. All appearances will be made in person in
14 Courtroom 9D of the United States District Court for the Central District of
15 California, located at 411 W. 4th Street, Santa Ana, California.
16 19. Bench Trials: Findings and Conclusions. When parties file
17 proposed findings of fact and conclusions of law pursuant to Rule 52 and
18 L.R. 52-1 & 52-3, the proposed findings and proposed conclusions shall be
19 consecutively numbered. If, for example, the proposed findings happen to end at
20 paragraph 26, then the first proposed conclusion shall begin with paragraph 27.
21 IT IS SO ORDERED.
22
23 Dated:
John W. Holcomb
24 UNITED STATES DISTRICT JUDGE
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10 APPENDIX
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