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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 XXX, ) Case No. CV FMO (___x)
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12 Plaintiff(s), )
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13 v. ) INITIAL STANDING ORDER
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14 XXX, )
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15 Defendant(s). )
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17 PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THIS CASE AND DIFFERS
18 IN SOME RESPECTS FROM THE LOCAL RULES.
19 The term “Counsel,” as used in this Order, includes parties appearing pro se.
20 In an effort to comply with Fed. R. Civ. P. 1’s mandate “to secure the just, speedy, and
21 inexpensive determination of every action[,]” the court orders as follows.
22 I. SERVICE.
23 A. This Order: Counsel for plaintiff(s) shall serve this Order immediately on all
24 parties and/or their counsel, including any new parties to the action. If this
25 case was removed from state court, defendant(s) who removed the case shall serve
26 this Order on all other parties.
27 B. The Complaint: Plaintiff shall promptly serve the complaint in accordance with Fed.
28 R. Civ. P. 4 and 5 and file the proofs of service pursuant to Local Rule 5-3.1.2. Any
1 defendant not timely served under Fed. R. Civ. P. 4(m) shall be dismissed from the
2 action without prejudice.
3 II. CONSENT TO A MAGISTRATE JUDGE.
4 Under 28 U.S.C. § 636, the parties may consent to have a magistrate judge preside over
5 all proceedings, including trial. The magistrate judges who accept those designations are
6 identified on the Central District’s website, which also contains the consent form. If the parties
7 indicate in their Rule 26(f) report that they wish to consent to a magistrate judge, they
8 should, if possible, indicate to which judge the parties will consent.
9 III. DISCOVERY.
10 A. Generally.
11 Discovery is governed by the Federal Rules of Civil Procedure and the applicable Local
12 Rules. Whenever possible, the court expects counsel to resolve discovery disputes among
13 themselves in a courteous, reasonable and professional manner. The court expects that counsel
14 will adhere strictly to the Civility and Professionalism Guidelines (available on the Central District’s
15 website under Information for Attorneys > Attorney Admissions).
16 The court allows discovery to commence as soon as the first answer or motion to dismiss
17 is filed. The parties should note that, unless otherwise ordered, discovery shall not be stayed
18 while any motion is pending, including any motion to dismiss, motion for protective order or motion
19 to stay. The parties are directed to conduct any necessary discovery as soon as possible,
20 as the court is not inclined to grant any extensions of the discovery or other case-related
21 deadlines.
22 B. Discovery Matters Referred to Magistrate Judge.
23 Unless otherwise ordered, all discovery matters have been referred to the assigned
24 magistrate judge, who will hear all discovery disputes. The magistrate judge’s initials follow the
25 district judge’s initials next to the case number. All discovery-related documents must include the
26 words “DISCOVERY MATTER” in the caption to ensure proper routing. Counsel are directed to
27 review the magistrate judge’s Procedures and Schedules on the Central District’s website to
28 schedule discovery matters for hearing.
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1 C. Review of Magistrate Judge’s Decision.
2 The court will not reverse any order of the magistrate judge unless it has been shown that
3 the magistrate judge’s order is clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A).
4 Any party may file and serve a motion for review of the magistrate judge’s decision within fourteen
5 (14) days of service of a written ruling or an oral ruling that the magistrate judge states will not be
6 followed by a written ruling. The motion must be accompanied by a memorandum of points and
7 authorities and specify which portions of the ruling are clearly erroneous or contrary to law.
8 Counsel are advised that a motion for review that contains declarations or arguments that
9 were not presented to the magistrate judge in the first instance will normally not be considered.
10 See 14 Moore’s Federal Practice § 72.11[1][a] (3d ed. 2025) (“A party’s failure to present timely
11 arguments, case law, or evidentiary materials to a magistrate judge prior to the magistrate’s ruling,
12 thereby depriving the magistrate of the opportunity to rectify any alleged errors, waives that party’s
13 right to present those arguments or materials to the district court on appeal from the magistrate’s
14 nondispositive order.”); Seven For All Mankind, LLC v. GenX Clothing, Inc., 2006 WL 5720346,
15 *3 (C.D. Cal. 2006) (“The district judge will normally not consider arguments, case law, or
16 evidentiary material which could have been, but was not, presented to the magistrate judge in the
17 first instance.”).
18 IV. MOTIONS.
19 A. General Requirements.
20 1. Time for Filing and Hearing Motions.
21 Motions shall be filed in accordance with Local Rule 7. The court hears motions on
22 Thursdays, beginning at 10:00 a.m. unless otherwise ordered by the court. If a Thursday
23 is a national holiday, motions will be heard on the next Thursday. It is not necessary to
24 clear a hearing date with the court’s courtroom deputy clerk (“CRD”) before filing a motion.
25 If the motion date selected is not available, counsel should notice the motion for the next
26 available date. Unless otherwise ordered, any motion that is noticed more than 35 days
27 beyond the date the motion is filed may be stricken or advanced to an earlier motion date.
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1 If the motion is advanced to an earlier motion date, counsel shall comply with the briefing
2 schedule dictated by the new hearing date. See Local Rules 7-9 & 7-10.
3 2. Compliance with Local Rule 7-3.
4 Local Rule 7-3 requires counsel “contemplating the filing of any motion . . . [to] first
5 contact opposing counsel to discuss thoroughly . . . the substance of the contemplated
6 motion and any potential resolution. The conference must take place in person, by
7 telephone, or via video conference at least 7 days prior to the filing of the motion.” Letters
8 and e-mail are insufficient to satisfy the prefiling conference requirements of Local Rule 7-3.
9 If the parties are unable to reach a resolution, “counsel for the moving party must include
10 a declaration, under penalty of perjury, the set forth at a minimum the date(s) the
11 conference took place and the position of each party with respect to each disputed issue
12 that will be the subject of the motion.”
13 The court takes this rule seriously; counsel shall discharge their obligations under
14 Local Rule 7-3 in good faith. The purpose of the Local Rule 7-3 prefiling conference is
15 twofold: first, it facilitates possible informal resolution of an issue without court intervention;
16 second, it enables the parties to brief the remaining disputes in a thoughtful, concise and
17 useful manner. Counsel should have sufficiently discussed the issues so that the briefing
18 will be directed to those substantive issues that require resolution by the court. Minor
19 procedural or other non-substantive matters should be resolved by counsel during the
20 course of the conference.
21 a. Unless otherwise ordered or when a pro se party is incarcerated, the
22 parties, including those appearing pro se, are required to meet and confer in
23 compliance with Local Rule 7-3.
24 b. Notwithstanding the exception for preliminary injunction motions in
25 Local Rule 7-3, counsel contemplating a preliminary injunction motion are required
26 to meet and confer, in substantive compliance with Local Rule 7-3, at least five (5)
27 days prior to the filing of such a motion.
28 3. Length and Format of Motion Papers.
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1 Local Rule 11-6.1 limits all memoranda of points and authorities to “7,000 words,
2 including headings, footnotes, and quotations but excluding the caption, the table of
3 contents, the table of authorities, the signature block, the certification required by L.R. 11-
4 6.2, and any indices and exhibits.” An application for leave to exceed the word limitation
5 will be granted only in extraordinary circumstances; the requesting party must provide
6 specific facts supporting their request. Any supplemental briefs filed without prior leave
7 of court will be stricken.
8 If documentary evidence in support of or in opposition to a motion exceeds 50
9 pages, the evidence must be separately bound and tabbed and include an index. If such
10 evidence exceeds 300 pages, the documents shall be placed in a three-ring binder, with
11 an index and with each item of evidence separated by a tab divider on the right side. In
12 addition, counsel shall provide a flash drive of the documents in a single, OCR-scanned,
13 .pdf file with each item of evidence separated by labeled bookmarks. Counsel shall ensure
14 that all documents are legible.
15 4. Citations to Case Law and Other Sources.
16 Citations to case law must identify not only the case cited but the specific page
17 referenced. Statutory references should identify with specificity the sections and
18 subsections referenced. Citations to treatises, manuals and other materials should include
19 the volume, section, and pages being referenced.
20 5. Artificial Intelligence.
21 If any party or attorney uses an artificial intelligence tool in the preparation of any
22 filing, the submission of that document signifies that the individual responsible for the filing
23 has certified that she/he reviewed all source material and verified the accuracy of any AI
24 content. See Fed. R. Civ. P. 11.
25 6. Citations to the Record.
26 Counsel should cite to docket numbers (and sub-numbers) when citing to the record.
27 7. Proposed Orders.
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1 Each party filing or opposing a motion or seeking the determination of any matter
2 shall serve and lodge – at the time the moving or opposition papers are filed – a proposed
3 order setting forth the relief or action sought and a brief statement of the rationale for the
4 decision with appropriate citations. In addition, a copy of the proposed order in
5 WordPerfect or Word format shall be e-mailed to chambers at
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[email protected] on the day the document is e-filed.
7 8. Oral Argument.
8 If the court deems a matter appropriate for decision without oral argument, the court
9 will notify the parties in advance. See Local Rule 7-15. The court strongly encourages
10 parties to permit less experienced lawyers to actively participate in the proceedings by
11 presenting argument at motion hearings or examining witnesses at trial. The court is
12 amenable to permitting multiple lawyers to argue for one party if this creates an opportunity
13 for junior attorneys to participate. Counsel shall provide the CRD with the names of the
14 less experienced attorneys that will be arguing motions or examining witnesses at least ten
15 (10) calendar days before the court proceeding.
16 B. Specific Motions.
17 1. Motions Pursuant to Fed. R. Civ. P. 12.
18 a. Unless clearly justified under the circumstances of the case, “motions
19 to dismiss or in the alternative for summary adjudication” are discouraged. These
20 composite motions tend to blur the legitimate distinctions between the two motions,
21 which have different purposes. Frequently, the composite motions introduce
22 evidence that is extrinsic to the pleadings. On the one hand, such evidence is
23 generally improper for consideration on a Rule 12(b)(6) motion, while on the other
24 hand, treatment of the motion as a Rule 56 motion frequently results in reasonable
25 invocation of Rule 56(d) by the non-moving party.
26 b. Motions to dismiss or to strike are discouraged unless counsel have
27 a good faith belief that such motions will likely result in dismissal, without leave to
28 amend, of all or at least some of the claims or counterclaims under applicable law.
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1 Many motions to dismiss or to strike can be avoided if the parties confer in
2 good faith (as required by Local Rule 7-3), especially for perceived defects in a
3 complaint, answer or counterclaim that could be corrected by amendment. See
4 Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003) (holding
5 that where a motion to dismiss is granted, a district court should provide leave to
6 amend unless it is clear that the complaint could not be saved by any amendment).
7 Moreover, a party has the right to amend the complaint “once as a matter of
8 course[.]” Fed. R. Civ. P. 15(a)(1). Even after a complaint has been amended or
9 a responsive pleading has been served, “[t]he court should freely give leave [to
10 amend] when justice so requires.” Fed. R. Civ. P. 15(a)(2). The Ninth Circuit
11 requires that this policy favoring amendment be applied with “extreme liberality.”
12 Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 712 (9th Cir. 2001).
13 These principles require that plaintiff’s counsel carefully evaluate defendant’s
14 contentions as to the deficiencies in the complaint. In most instances, the moving
15 party should agree to any amendment that would cure the defect.
16 2. Motions to Amend.
17 In addition to complying with Local Rule 15-1, all motions to amend pleadings
18 shall: (1) state the effect of the amendment; and (2) identify the page and line
19 number(s) and wording of any proposed change or addition of material. The
20 proposed amended pleading shall be sequentially named to differentiate it from
21 previously amended pleadings (e.g., First Amended Complaint, Second Amended
22 Complaint, etc.).
23 In addition to Local Rule 15-1’s requirement of electronic lodging of the
24 proposed amended pleading as a document separate from the motion, counsel shall
25 attach as an appendix to the moving papers a “redlined” version of the proposed
26 amended pleading, indicating all additions and deletions of material.
27 3. Dispositive Motions.
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1 Each side is allowed one motion for summary judgment pursuant to Fed. R.
2 Civ. P. 56, regardless of whether such motion is denominated as a motion for
3 summary judgment. To the extent it is appropriate based on undisputed facts and
4 controlling principles of law, the court may sua sponte enter summary judgment for
5 the nonmoving party.
6 Counsel should not wait until the motion cutoff to file their motion for
7 summary judgment or partial summary judgment. All potentially dispositive
8 motions shall comply with the requirements set forth in the Court’s Order Re:
9 Summary Judgment Motions, which will be issued at the time the court issues
10 its Case Management and Scheduling Order.
11 V. EX PARTE APPLICATIONS.
12 Ex parte applications are considered on the papers and are not normally set for hearing.
13 Counsel are advised to file and serve their ex parte applications as soon as they realize that
14 extraordinary relief is necessary. The court entertains ex parte applications only in extraordinary
15 circumstances; sanctions may be imposed for misuse of the ex parte process. See Chapman v.
16 Horace Mann Property & Casualty Ins. Co., 2025 WL 1421293, *1 (C.D. Cal. 2025) (“An ex parte
17 application is a means of obtaining extraordinary relief and is appropriate only in rare
18 circumstances.”) (internal quotation marks omitted); Do v. Saudi Arabian Airlines Corp., 2025 WL
19 873012, *1 (C.D. Cal. 2025) (“The Court’s standing requirements . . . provide that sanctions may
20 be imposed for misuse of ex parte applications.”) (emphasis omitted).
21 Ex parte applications that fail to conform to Local Rules 7-19 and 7-19.1, including a
22 statement of opposing counsel’s position, will not be considered except on a specific showing
23 of good cause under Fed. R. Civ. P. 65(b). The moving party shall electronically serve the
24 opposing party, if possible. A party is considered served once the ex parte application has been
25 e-filed (all parties set up for electronic service are sent a notification of ECF filing each time a
26 document is e-filed with a link to the document for one free view). For those parties set up for
27 service by fax or mail, the ex parte application must be served by fax or personal service.
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1 Following service of the ex parte papers, the moving party shall notify the opposing party
2 that its opposition papers must be filed no later than twenty-four (24) hours (or one court day)
3 following service, except in cases where the opposing party has not previously appeared. Where
4 the opposing party has not previously appeared, the moving party shall, following service of the
5 ex parte papers, notify the opposing party that its opposition papers must be filed no later than
6 forty-eight (48) hours following service. If a party does not intend to oppose an ex parte
7 application, the party must inform the CRD via email as soon as possible. Unless otherwise
8 ordered, reply briefs are not allowed and will be stricken.
9 On the day the documents are e-filed, a conformed copy of the moving, opposition or
10 notice of non-opposition papers must be hand-delivered to the Clerk’s Office on the 4th Floor of
11 the First Street Courthouse, 350 W. 1st Street, Los Angeles, CA 90012.
12 VI. MANDATORY CHAMBERS COPIES.
13 A copy of all papers filed with the court shall be delivered to the Clerk’s Office on the 4th
14 Floor of the First Street Courthouse, no later than 12:00 noon the following business day. All
15 chambers copies shall comply fully with the document formatting requirements of Local Rule 11-3
16 and the “backing” requirements of Local Rule 11-4.1.1. Counsel may be subject to sanctions for
17 failure to deliver a mandatory chambers copy in full compliance with this Order and Local Rules
18 11-3 and 11-4.1.1.
19 VII. CONTINUANCES OR EXTENSIONS OF TIME.
20 Counsel must submit any request for a continuance or extension of time no later than five
21 (5) court days prior to the expiration of the scheduled date. Requests for continuances will
22 not be granted routinely. A stipulation to continue the date of any matter must be supported by
23 a detailed declaration that demonstrates good cause justifying the requested date change. The
24 stipulation must also indicate whether there have been any previous requests for continuances
25 and whether those requests were granted or denied by the court. Counsel requesting a
26 continuance must file a stipulation containing a detailed explanation of the grounds for the
27 requested continuance as well as lodge a proposed order.
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1 If it is necessary to file an ex parte application seeking an extension of a deadline, the
2 application must be accompanied by a declaration setting forth the reasons for the requested
3 extension of time. The declaration must also indicate whether there have been any previous
4 requests for continuances and whether those requests were granted or denied by the court.
5 VIII. CASES REMOVED FROM STATE COURT.
6 All documents filed in state court, including documents appended to the complaint, answers
7 and motions, must be re-filed in this court as a supplement to the notice of removal. See 28
8 U.S.C. § 1447(a)-(b). If defendant has not yet answered or filed a motion in response to the
9 complaint, the answer or responsive pleading filed in this court must comply with the Federal
10 Rules of Civil Procedure and the Local Rules. Irrespective of whether defendant filed a motion
11 or demurrer in response to the complaint in state court, defendant must file an answer or
12 responsive pleading in this court that complies with the Federal Rules of Civil Procedure and the
13 Local Rules. Counsel shall file with their first appearance a Notice of Interested Parties in
14 accordance with Local Rule 7.1-1.
15 If the removed action contains a form pleading (i.e., a pleading in which boxes are
16 checked), the party or parties using the form pleading must file an appropriate pleading with this
17 court within twenty-one (21) days of receipt of the notice of removal. The appropriate pleading
18 must comply with the requirements of Fed. R. Civ. P. 7, 7.1, 8, 9, 10 and 11.
19 Dated: July 2025.
20 /s/
Fernando M. Olguin
21 United States District Judge
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