The Law Mind

Civil Standing Order (1.6.26) — District Judge Stanley Blumenfeld Jr.

C.D. Cal. Judge Order (District Judge Stanley Blumenfeld Jr.) · District Judge Stanley Blumenfeld Jr.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 , Case No. 11 Plaintiff(s), STANDING ORDER FOR CIVIL 12 CASES ASSIGNED TO JUDGE v. STANLEY BLUMENFELD, JR. 13 , [Updated 1/6/26] 14 15 Defendants(s). 16 17 READ THIS ORDER CAREFULLY BECAUSE IT CONTROLS THIS CASE AND DIFFERS IN PART FROM THE LOCAL RULES. FAILURE TO 18 COMPLY MAY RESULT IN SANCTIONS. 19 20 Counsel for the plaintiff must immediately serve this order on all parties, 21 including any new parties to the action. If this case was removed from state court, the 22 defendant that removed the case must serve this order on all other parties. A 23 hyperlinked table of contents appears below. 24 25 26 27 28 1 2 TABLE OF CONTENTS 3 1. Counsel 9. Ex Parte Applications 4 2. Communications with Chambers 10. Continuances 5 3. Pleadings 11. Class Actions 6 4. Discovery 12. ERISA Cases (Benefit Claims) 7 5. Filing Requirements 13. Bankruptcy Appeals 8 6. General Motion Requirements 14. Consent to Magistrate Judge 9 7. Specific Motion Requirements 15. Sanctions for Failing to Comply 10 8. Hearings 11 12 13 1. COUNSEL 14 a. Civility. All counsel must immediately review and comply with the 15 Court’s Civility and Professionalism Guidelines, available at 16 www.cacd.uscourts.gov/attorneys/admissions/civility-and- 17 professionalism-guidelines. Failure to do so may result in sanctions. 18 b. Presence of Lead Counsel. Only one attorney for a party may be 19 designated as lead counsel—and the designation must appear on the 20 docket if a party has more than one attorney. Lead counsel must attend 21 all proceedings other than motion hearings. For motion hearings, lead 22 counsel is encouraged to permit junior lawyers to participate. Only one 23 counsel may be designated to argue a motion absent Court approval. 24 c. Self-Represented Parties (a/k/a “Pro Se” Litigants). Parties 25 representing themselves (pro se litigants) are required to comply with all 26 Local Rules, including Local Rule 16 (“Pretrial Conferences; Scheduling; 27 Management”). In this order, the term “counsel” includes pro se 28 litigants. Only individuals may represent themselves and only in their 2 1 individual capacities. A corporation or other entity must be represented 2 by counsel, and if counsel seeks to withdraw, counsel must advise the 3 entity of the dire consequences of failing to obtain substitute counsel 4 before seeking withdrawal—i.e., a plaintiff entity’s case will be 5 dismissed or a defendant entity will default. See Local Rule 83-2.3.4. 6 d. Duty to Notify of Settlement. Counsel must advise the Court 7 immediately if (1) the case or any pending matter has been resolved or 8 (2) a motion is pending and the parties are engaged in serious 9 negotiations that appear likely to resolve the case or the pending motion 10 (as discussed in more detail in § 8(f), infra). Failure to provide timely 11 notice of settlement may result in sanctions. The filing of a settlement 12 notice does not excuse counsel from appearing at any scheduled hearing 13 or conference that has not been vacated. 14 e. No “Notices of Unavailability.” A “Notice of Unavailability” has no 15 legal effect and should not be filed. 16 d. Substitution or Withdrawal of Counsel. Any attorney seeking to 17 substitute in as counsel must certify that the substitution will not delay 18 the prosecution of the case. See L.R. 83-2.3.5. If unable to so certify, 19 counsel must file a motion or stipulation showing good cause for the 20 delay and that substitution serves the interests of justice. Counsel 21 remains responsible for representation until the Court approves the 22 withdrawal or substitution. 23 2. COMMUNICATIONS WITH CHAMBERS 24 Counsel shall not contact the courtroom deputy clerk (CRD) to inquire about 25 (1) the status of a pending matter or (2) court procedure addressed in the Local Rules 26 and the Court’s standing orders. Any appropriate inquiry directed to the CRD must be 27 by email only, copied to all parties. Email requests for relief that should be filed on 28 3 1 the docket—e.g., a request for a remote appearance or continuance—will generally be 2 ignored and will not excuse noncompliance with any applicable rule or order. 3 3. PLEADINGS 4 a. Service of the Summons and Complaint. The plaintiff(s) shall 5 promptly obtain the summons and serve the summons and complaint in 6 accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant 7 to Fed. R. Civ. P. 4(l). Any defendant, including any “Doe” or 8 fictitiously named defendant, not served within 90 days after the case is 9 filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m). 10 b. Removed Actions. Any answer filed in state court must be refiled in this 11 Court as a supplement to the Notice of Removal. Any motion pending in 12 state court at the time of removal must be re-noticed in accordance with 13 Local Rule 7. If a removed action includes a “form pleading” (i.e., a 14 check-the-box pleading), the party that filed the form pleading must file a 15 pleading in this court that complies with the federal rules within 30 days 16 of the filing of the removal notice. See Fed. R. Civ. P. 7, 7.1, 8, 9, 10, 17 and 11. An amended complaint filed within 30 days after removal to 18 replace a form complaint pursuant to this instruction shall be deemed an 19 amended complaint with “the court’s leave” pursuant to Rule 15(a)(2). 20 c. Status of Fictitiously Named Defendants. 21 i. The plaintiff should identify and serve any fictitiously named 22 defendants before the date of the mandatory scheduling conference 23 (MSC) held pursuant to Fed. R. Civ. P. 16(b). 24 ii. All Doe defendants remaining 60 days after the MSC (or on the 25 date set forth in the scheduling order, if applicable) are dismissed 26 by operation of this Order without further notice unless the 27 plaintiff requests and justifies the need for additional time in the 28 joint report for the MSC and the Court grants an extension. 4 1 iii. Before moving to substitute a defendant for a Doe defendant, the 2 plaintiff must seek the consent of counsel for all defendants, 3 including counsel for a represented Doe defendant. If denied 4 consent, the plaintiff must file a regularly noticed motion. In 5 diversity cases, the plaintiff’s motion must address whether the 6 addition of the newly named party destroys diversity jurisdiction. 7 See 28 U.S.C. § 1447(c), (e). 8 4. DISCOVERY 9 a. Magistrate Judge Referral. All discovery matters are referred to the 10 assigned magistrate judge. All discovery documents must include the 11 words “DISCOVERY MATTER” in the caption to ensure proper routing. 12 Do not deliver chambers copies of these documents to Judge Blumenfeld. 13 The decision of the magistrate judge shall be final, subject to limited 14 review requiring a showing that the decision is clearly erroneous or 15 contrary to law. Any party may file and serve a motion for review within 16 14 days of either (i) service of a written ruling or (ii) an oral ruling that 17 expressly will not be followed by a written ruling. The motion must 18 specify which portions of the ruling are clearly erroneous or contrary to 19 law, supported by points and authorities. Counsel shall deliver a 20 conformed copy of the moving papers and responses to the magistrate 21 judge’s clerk at the time of filing. 22 b. Discovery Protective Orders. Proposed protective orders for discovery 23 must be submitted to the assigned magistrate judge. Such orders should 24 not purport to allow, without further order of Judge Blumenfeld, the 25 filing under seal of pleadings or documents filed in connection with a 26 dispositive motion, a class certification motion, or trial before Judge 27 Blumenfeld. The existence of a protective order does not alone justify 28 the filing of pleadings or other documents under seal, in whole or in part. 5 1 c. Prompt Commencement of Discovery. The Court encourages the 2 parties to begin discovery early and expects written discovery to be 3 served promptly after the parties have conferred as required under Fed. 4 R. Civ. P. 26(f). A protective order, when necessary, shall be agreed 5 upon within one week of the Rule 26(f) conference. 6 d. Juvenile Records. In cases that will require access to juvenile records, 7 the parties shall identify the necessary records and file all requests for 8 such records with the appropriate state court by no later than the MSC. If 9 the parties fail to do so, the Court is unlikely to grant a continuance based 10 on delay in the process for obtaining juvenile records. 11 5. FILING REQUIREMENTS 12 a. Text Searchability. All documents—including pleadings, motions, and 13 exhibits—submitted to the Court must be text-searchable (i.e., “OCR’d”). 14 b. Documents with Declarations, Exhibits, and Other Attachments. 15 Except for filings in support of summary judgment motions (see MSJ 16 Standing Order), if a filed document has declarations, exhibits, or other 17 attachments, each attachment must be filed as a separately docketed 18 attachment to the main docket entry with a description of the attachment 19 (e.g., Dkt. 29-1 Smith Declaration, 29-2 Ex. 1 - License Agreement, 29-3 20 Request for Judicial Notice). The Court may decline to consider 21 documents not filed in accordance with this order. 22 c. Artificial Intelligence. Any party who uses generative artificial 23 intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to 24 generate any portion of a brief, pleading, or other filing must attach to the 25 filing a separate declaration disclosing the use of artificial intelligence 26 and certifying that the filer has reviewed the source material and verified 27 that the artificially generated content is accurate and complies with the 28 filer’s Rule 11 obligations. 6 1 d. Proposed Orders. Each party filing a motion or seeking the 2 determination of any matter shall serve and lodge a proposed order 3 setting forth the relief or action sought and a brief statement of the 4 rationale for the decision with appropriate citations. 5 i. Templates. Use the “Proposed Order” or the “CMO Continuance 6 Order” template—whichever is applicable—found on the “Orders 7 and Additional Documents” tab on Judge Blumenfeld’s webpage. 8 Failure to do so may result in the striking of the request. Proposed 9 orders should not contain: (1) attorney names, addresses, etc. on 10 the caption page; (2) a footer with the document name or other 11 information; or (3) a watermark or designation of the firm name. 12 Proposed orders should be formatted in the same fashion as 13 motions. See § 6(c)(iv), infra. 14 ii. Email. Consistent with Local Rule 5-4.4.2, the Court strictly 15 requires that a Microsoft Word copy of a proposed order, along 16 with a PDF copy of the electronically filed main document, be e- 17 mailed to the chambers e-mail address. The Court will not 18 consider a stipulation, ex parte application, or other request for 19 relief until a compliant proposed order is received by email. A 20 filing may be stricken for failure to timely comply. 21 e. Chambers Copies. Chambers copies (paper copies that are sent to 22 chambers upon electronic filing of the document) are required for the 23 following documents only: (1) motion papers (motions, oppositions, 24 replies, and related documents1), including motions in limine; (2) ex parte 25 applications for temporary restraining orders; and (3) pretrial documents 26 (memoranda of fact and law, witness and exhibit lists, pretrial conference 27 28 1 A motion to dismiss should include a copy of the challenged pleading. 7 1 statement, jury instructions, verdict forms, etc.). Chambers copies must 2 comply with the rules below. 3 i. Timeliness and location. Deliver chambers copies promptly to 4 Judge Blumenfeld’s mailbox outside the Clerk’s Office on the 5 fourth floor of the First Street Courthouse. Applicable documents 6 will not be considered until chambers copies are submitted. 7 ii. Format. Chambers copies should be copies of the filed document—i.e., they should have the docket information on the 8 top of each page. Filings that include highlighting, color 9 photographs, “redlining,” or the like should be printed in color. 10 Short filings should be fastened by a staple or binder clip in the top 11 left corner. Larger filings should be delivered in a three-ring 12 binder. Binders must have both a cover sheet and a spine label that 13 includes the case name, case number, and a description of the 14 contents. 15 iii. Exhibits. Separate all exhibits by a tab divider on the right or 16 bottom of the document. If the evidence exceeds 50 pages, the 17 chambers copy must: (1) include a table of contents; and (2) be in 18 a tabbed three-ring binder with each exhibit separated by a tab 19 divider on the right or the bottom. 20 f. Notices of Deficiency. When a filing fails to comply with court rules, 21 the Clerk’s Office may issue a notice of deficiency, which typically states 22 that no action is required unless the Court directs otherwise. The parties 23 should not treat the deficient filing as having been stricken unless the 24 Court separately orders it stricken. A deficiency notice by itself does not 25 relieve any party of its obligations with respect to a filing (e.g., timely 26 filing an opposition or appearing at a noticed hearing). 27 28 8 1 6. GENERAL MOTION REQUIREMENTS 2 a. “Meet and Confer” Requirement. Local Rule 7-3 requires counsel to 3 conduct a prefiling conference at least seven days before a motion is 4 filed2 “to discuss thoroughly . . . the substance of the contemplated 5 motion and any potential resolution” and to include with each motion “a 6 declaration . . . that sets forth at a minimum the date(s) the conference 7 took place and the position of each party with respect to each disputed 8 issue that will be the subject of the motion.” 9 i. Scope. This requirement applies in all cases, including those with 10 pro se litigants, and extends to all issues. If the parties are unable 11 to fully resolve the dispute, they shall attempt to narrow the scope 12 of the contested issues. Parties must meet and confer in person or 13 by videoconference; email correspondence is insufficient. A 14 motion not supported by the certification below may be stricken or 15 summarily denied. 16 ii. Certification. The moving party shall include a signed certification 17 as part of the declaration required by Local Rule 7-3 as follows: 18 “I certify that the parties met in person or by videoconference, 19 thoroughly discussed each and every issue raised in the 20 motion, and attempted in good faith to resolve the motion in 21 whole or in part.” 22 If a nonmoving party refuses to participate in good faith, the 23 moving party shall explain the refusal in detail. 24 iii. Sanctions. Failure by any party to comply in good faith with the 25 meet-and-confer requirement shall result in an order to show cause 26 27 2 In the event that the Court sets an expedited deadline that does not allow the parties 28 to meet at least seven days before the motion is filed, the parties shall meet and confer as soon as practicable; they are not excused from compliance with Local Rule 7-3. 9 1 re sanctions—including, as appropriate, striking or denying the 2 motion, deeming the motion unopposed, and/or awarding monetary 3 sanctions. 4 b. Time for Filing and Hearing Motions. This Court hears civil motions 5 on Fridays at 8:30 a.m. 6 i. Holidays. If Friday is a court holiday, select another Friday. 7 Opposition or reply papers due on a Friday holiday may be filed 8 the following Monday. 9 ii. Closed Dates. Hearing dates are closed at least four weeks in 10 advance, and closed hearing dates are noted on Judge 11 Blumenfeld’s webpage. A motion filed on a closed hearing date 12 will be stricken or continued at the Court’s discretion. A party that 13 waits too long and files a motion to be heard on a date that turns 14 out to be unavailable risks having the motion stricken and not 15 considered at all. 16 iii. Non-Opposition. Failure to timely oppose a motion will likely 17 result in the motion being granted after the opposition would have 18 been due. See Local Rule 7-12 (failure to timely file “may be 19 deemed consent to the granting . . . of the motion”). 20 iv. Resolution. If the parties resolve the issue(s) presented in a 21 motion, by settlement or otherwise, the Court must be notified 22 immediately to avoid unnecessary judicial work. 23 c. Length, Footnotes, and Format of Motion Papers 24 i. Length. Unless otherwise expressly permitted, no supporting or 25 opposing memorandum shall exceed 7,000 words (or 25 pages, 26 double spaced, if handwritten), and no reply memorandum shall 27 exceed 4,000 words (or 15 pages, double spaced, if handwritten)— 28 excluding only indices and exhibits. Counsel shall certify 10 1 compliance with the word count pursuant to Local Rule 11-6.2. 2 Good cause to extend these limitations will rarely be found. A 3 memorandum that exceeds the allowable length may be stricken. 4 ii. Footnotes. Use no more than eight footnotes in any supporting or 5 opposing brief, and no more than five footnotes in any reply. 6 Citations that support a statement in the main text should be 7 included in the main text, not in footnotes. 8 iv. Format. Use only 14-point Times New Roman font, including for 9 footnotes. Footnotes shall be separated by 12-point spacing. 10 v. Reply Briefs. The purpose of a reply brief is to respond succinctly 11 to the arguments in the opposition. A reply brief should not repeat 12 the background or legal standard contained in the motion and 13 should not repeat arguments except to the extent necessary to 14 respond to the opposition. 15 d. Citations to Authority. Any argument or statement of law not 16 supported by legal authority may be deemed waived or forfeited to the 17 extent allowed by law. The parties should comply with Bluebook 18 formatting and the citation requirements below. 19 i. Pin Cites. Case citations must identify both the case cited and the 20 specific page referenced. 21 ii. String Cites. Parties should not use string cites without a good 22 reason. When using string cites, a party should include a 23 parenthetical explanation for each cited case. 24 iii. Legal Databases. When citing to unpublished materials in legal 25 databases, cite to Westlaw (not Lexis) whenever possible. 26 However, parties that do not have access to Westlaw will not be 27 penalized for citing to other sources. 28 11 1 iv. U.S. Statutes. Statutory references should identify with specificity 2 the sections and subsections referenced. Citations should be to the 3 relevant official statutory code (e.g., the U.S. Code) and should not 4 merely reference the popular name of an act. 5 v. Treatises, Manuals, and the Like. Citations to treatises, manuals, 6 and other materials should include the volume, section, and 7 relevant pages. Attach copies if these materials are not accessible 8 on Westlaw, especially for historical materials (e.g., older 9 legislative history). 10 7. SPECIFIC MOTION REQUIREMENTS 11 a. Motions Pursuant to Rule 12. Most motions to dismiss or strike, 12 especially motions raising alleged defects in a complaint, answer, or 13 counterclaim that could be corrected by amendment, can be avoided if 14 the parties confer in good faith as required by Local Rule 7-3. In general, 15 the Court will provide leave to amend upon granting a motion to dismiss 16 unless it is clear the complaint is not correctible. See Rosenberg Bros. & 17 Co. v. Arnold, 283 F.2d 406, 406 (9th Cir. 1960) (requiring “extreme 18 liberality” in favor of amendments). A good-faith meet-and-confer may 19 avoid this costly and inefficient process. If the plaintiff, counterclaimant, 20 or crossclaimant believes its pleading can be strengthened by adding facts 21 that would help it survive a pleading challenge, the better course is to 22 amend before the parties devote resources to briefing a motion. The 23 Court expects the parties to thoroughly discuss any proposed 24 amendments during their meet-and-confer and to agree to amendment if 25 doing so will avoid the need for serial motions. Otherwise, if the Ninth 26 Circuit’s “extreme liberality” standard applies to a meritoriously filed 27 motion, the Court may summarily grant leave to amend. If the Court 28 grants a motion to dismiss with leave to amend, the plaintiff must file an 12 1 amended complaint within seven days, unless otherwise specified. 2 Failure to timely file an amended complaint will result in dismissal with 3 prejudice. 4 b. Motions to Amend Pleadings. A motion to amend the pleadings must 5 describe and state the effect of the proposed amendment and be 6 accompanied by a “redlined” version of the proposed amended pleading 7 indicating all additions and deletions to the prior version of the pleading. 8 Before the motion is filed, the redlined version must be delivered to 9 opposing counsel at least two hours in advance of the Local Rule 7-3 10 conference; and if the plaintiff later changes the delivered version, 11 counsel will be required to meet again about the revised pleading. In 12 addition to the requirements of the Local Rules, all amended pleadings 13 must be serially numbered to differentiate each amendment (i.e., “First 14 Amended Complaint,” “Second Amended Complaint” . . .). 15 c. Motions for Summary Judgment. Please refer to Judge Blumenfeld’s 16 Standing Order re Motions for Summary Judgment found on the Orders 17 and Additional Documents tab on Judge Blumenfeld’s webpage at 18 https://apps.cacd.uscourts.gov/Jps/honorable-stanley-blumenfeld-jr. 19 d. PLRA Exhaustion Motions. The issue of exhaustion under the Prison 20 Litigation Reform Act (PLRA) must be raised at the beginning of the 21 litigation. Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014). A party 22 seeking to obtain a judicial determination of any material fact dispute 23 precluding summary judgment on exhaustion must file a request for a 24 hearing within 14 days of the filing of the order denying summary 25 judgment. The failure to file a timely request may be construed as a 26 waiver or forfeiture of the exhaustion issue. 27 e. Motions for Default Judgment. Unless the Court orders otherwise, 28 motions for default judgment shall be filed within 14 days after the later 13 1 of (1) entry of default against the last remaining defendant or 2 (2) resolution of all claims against all defendants who have not defaulted. 3 The motion must include a showing of both subject-matter and personal 4 jurisdiction. See In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999). A 5 plaintiff who moves for default judgment and wishes to seek attorney’s 6 fees and costs must include in the motion a properly supported request 7 for attorney’s fees and costs together with the motion for default 8 judgment. Failure to do so will result in the striking of any subsequent 9 motion for attorney’s fees and costs absent a showing of good cause. The 10 Court may vacate the hearing on a motion for default judgment if no 11 opposition is timely filed, and the notice of motion should so state. 12 Unless the Court orders otherwise, the movant must appear at the motion 13 hearing prepared to argue the motion and respond to any tentative 14 opinion even in the absence of an opposition. 15 f. Motions for Attorney’s Fees. A motion for attorney’s fees must be 16 supported by documentation of the billed hours for which the movant 17 seeks to recover fees. The movant shall additionally provide by email to 18 the CRD an Excel spreadsheet documenting the hours for which the 19 movant seeks recovery, using the format in the following example: 20 Date Name Position Task Category Hours Rate Amount 21 3/2/23 John Associate Researched choice MTD 0.7 $300 $210.00 Smith of law for motion to 22 dismiss 3/5/23 Jane Partner Spoke with client CC 0.2 $500 $100.00 23 Doe about medical history 24 3/5/23 Jerry Paralegal Assembled case ADM 0.1 $150 $15.00 Roe folder 25 If the parties use abbreviations in the category column (as in the example 26 provided), they shall include a legend identifying the meaning of each 27 abbreviation. 28 14 1 g. Applications to Seal. If the Court has previously granted leave to seal a 2 particular exhibit, the parties need not file a new application to file that 3 exhibit under seal in connection with a new filing. The parties may 4 simply file the exhibit under seal together with a statement that the Court 5 has already permitted sealing of the exhibit, with a citation to the relevant 6 order. 7 h. Reports and Recommendations. Objections to a magistrate judge’s 8 report and recommendation, as well as responses to objections, shall be 9 limited to 10 pages absent leave of court. 10 8. MOTION HEARINGS 11 a. Remote Appearances. Remote appearances are not permitted absent 12 good cause shown in a declaration concurrently filed with the moving 13 papers or the opposition. Absent a concurrent filing, a party requesting to 14 appear remotely must submit a declaration establishing that the party is 15 unable to appear in person due to an unanticipated and unavoidable 16 emergency and that the request was made promptly upon learning of the 17 emergency. Instructions for remote appearance can be found on Judge 18 Blumenfeld’s webpage. Counsel appearing remotely are responsible for 19 ensuring that their equipment and the internet connection in the location 20 from which they will be participating are reliable and adequate for 21 uninterrupted video participation. 22 b. Submission without Argument. The Court may take a motion off 23 calendar if it concludes the decision will not benefit from oral argument. 24 c. Time. If oral argument is permitted, the parties will have a total of 20 25 minutes, divided equally between the sides, unless the Court states 26 otherwise. If the Court believes that the matter warrants less or more 27 time, it will advise counsel at the hearing. 28 15 1 d. Tentatives. The Court often issues written tentative rulings and makes 2 them available on Judge Blumenfeld’s webpage the afternoon before the 3 hearing by 6:00 p.m. The purpose of the tentative ruling is to focus the 4 discussion at the hearing. No party shall file any written response to the 5 tentative ruling without leave of court. A tentative ruling does not 6 represent the final decision of the Court, and the parties are strictly 7 prohibited from filing it as an exhibit or otherwise in any case. 8 e. Oral Argument. If a tentative has issued, the parties should be prepared 9 to explain why the analysis is correct or incorrect. The Court often tests 10 its reasoning by asking questions and expects counsel to respond directly 11 and candidly. 12 f. Settlement. Counsel must notify the Court at least two weeks before the 13 scheduled hearing if the parties are conducting settlement discussions 14 that may render the motion moot and must notify the Court immediately 15 if a settlement is reached. A belated settlement notice wastes scarce 16 judicial resources and will subject the offending parties to sanctions— 17 and it may also result in the release of the tentative ruling. 18 g. Evidentiary Hearings. If the parties seek an evidentiary hearing on any 19 matter, they shall (1) notify the Court at the time of filing that they intend 20 to present evidence and (2) provide an estimate of the time required. No 21 later than seven days before the hearing, the parties shall file joint 22 witness and exhibit lists—including a list of challenged exhibits—that 23 comply with the requirements in the Court’s Civil Pretrial and Trial 24 Order. Failure to timely request an evidentiary hearing or to file the 25 required materials will be deemed a waiver of any right to an evidentiary 26 hearing. 27 28 16 1 9. EX PARTE APPLICATIONS 2 A party seeking ex parte relief, including a temporary restraining order, must 3 comply fully with Local Rule 7-19.3 4 a. Notice. The applicant must (1) notify the other party (or parties) that 5 opposing papers are to be filed no later than 48 hours following service 6 or by 3:00 p.m. on the first court day after the service, whichever is later, 7 and (2) advise the Court in a declaration whether any party opposes the 8 application. 9 b. Submission. The application will not be considered until a chambers 10 copy has been provided. Once the application is submitted for decision, 11 the Court will rule on the papers unless it elects to set a hearing. Do not 12 contact chambers about the status. 13 c. No Tolling of Obligation. An application or stipulation does not serve 14 to toll, or relieve a party of, an underlying obligation (e.g., a soon-to- 15 expire deadline). Parties should not assume that an unopposed ex parte 16 application or stipulation will be granted; and a last-minute application or 17 stipulation that is denied may result in a party’s defaulting on the 18 underlying obligation. 19 10. CONTINUANCES 20 The Court grants continuances of pretrial and trial deadlines only on a timely 21 showing of good cause. The Court applies the same standard of good cause to all 22 extension requests—whether opposed, unopposed, or jointly requested. 23 a. Good Cause. Good cause requires a specific, detailed, and non- 24 conclusory showing of diligence from the outset of the case, describing: 25 (1) all relevant work previously done (including when each item was 26 completed), (2) all relevant work that remains to be done, (3) why the 27 3 28 A party seeks ex parte relief when proceeding without a noticed motion, even if the filing is improperly styled as a motion. 17 1 remaining work could not previously have been done (including efforts 2 made to complete each remaining item), and (4) why the amount of time 3 requested is needed to complete the remaining work. 4 b. Diligence. The Case Management Order (CMO) that the parties will 5 receive following the MSC contains an attachment with information that 6 must be submitted in table form to show diligence. Diligence generally 7 will not be found when a party delays serving or pursuing written 8 discovery, engages in strategic staging of discovery or other tasks, or opts 9 for in-person depositions that prevent completion within the existing 10 deadline. The parties should plan to complete discovery far enough in 11 advance of the discovery deadline to allow for both the filing of a 12 discovery motion if necessary and the completion of any court-ordered 13 discovery. Moreover, a desire to engage in settlement discussions does 14 not constitute good cause to extend existing deadlines. The parties are 15 strongly encouraged to agree to exchange initial disclosures promptly and 16 to actively commence discovery before the MSC. 17 c. Proposed Order. The parties must complete and submit the CMO 18 Extension Order Template found at the “Orders & Additional 19 Documents” tab on Judge Blumenfeld’s webpage. Please follow the 20 highlighted directions at the end of the document. File the proposed 21 order and submit an electronic Word copy to Judge Blumenfeld’s 22 chambers email. 23 d. Denied with Prejudice. Denial of an extension request, including 24 summary denial, is with prejudice. The parties should therefore present 25 all available information showing that the outstanding discovery or other 26 litigation tasks cannot be completed within the existing deadlines despite 27 all reasonable diligence from the outset of the case. A party is not 28 18 1 permitted to resubmit a denied extension request with additional 2 information that was previously available. 3 * * * 4 Failure to comply with the procedural requirements above—including the use 5 and proper completion of the table in the MSC Order attachment and the CMO 6 Extension template—may result in the extension request being stricken or 7 summarily denied. An improper resubmission of a denied extension request 8 may result in sanctions. 9 11. CLASS ACTIONS 10 The parties in a putative class action are to act diligently and begin discovery 11 immediately, so that the motion for class certification can be filed expeditiously. A 12 motion for class certification must be filed no later than 120 days from the date 13 initially set for the scheduling conference unless the Court orders otherwise. 14 12. ERISA CASES (BENEFIT CLAIMS) 15 The parties may receive an MSC Order as a matter of course. Because the 16 ordinary pretrial and trial schedule does not apply to ERISA cases that will be decided 17 on the administrative record, the parties need only submit a joint status report 18 identifying any special issues that should be considered, as described in § 3(d) of the 19 MSC Order. The parties should proceed with the preparation of the administrative 20 record and briefing without delay upon service of the complaint. If necessary, the 21 Court will hear motions to determine the standard of review, whether discovery will 22 be permitted, and the scope of the administrative record. Counsel are discouraged 23 from filing motions for summary judgment or partial summary judgment for a merits 24 determination. See Kearney v. Standard Insurance Co., 175 F.3d 1084, 1095 (9th Cir. 25 1999) (en banc) (noting the difference in procedures between Rule 56 and Rule 52). 26 A court trial, ordinarily limited to oral argument on the administrative record, will be 27 scheduled within six months from the filing of the original complaint, unless good 28 cause for additional time is shown in the status report. If the Court concludes that the 19 1 decision would not benefit from oral argument, the matter may be submitted for 2 decision on the papers. 3 13. BANKRUPTCY APPEALS 4 Counsel must comply with the Notice Regarding Appeal from Bankruptcy 5 Court issued at the time the appeal is filed in the district court. The matter is deemed 6 under submission on the filing of the appellant’s reply brief. The Court considers 7 bankruptcy appeals on the papers and usually does not set these matters for hearing. 8 14. CONSENT TO MAGISTRATE JUDGE 9 The parties may consent to have a magistrate judge preside over the entire case, 10 including trial. The parties may choose any magistrate judge on the Voluntary 11 Consent List found on the Central District website. If the parties consent, they should 12 contact the courtroom deputy of the selected magistrate judge to confirm his or her 13 availability and, upon confirmation, promptly file a “Notice of Lodging of Consent” 14 along with Form CV-11D (Statement of Consent to Proceed Before a United States 15 Magistrate Judge, found at http://www.cacd.uscourts.gov/court-procedures/forms) 16 attached thereto. If the magistrate judge to whom the parties have consented becomes 17 unavailable after the case has been referred, the parties shall meet and confer in good 18 faith to select another magistrate judge on the Voluntary Consent List to preside over 19 the case. 20 15. SANCTIONS FOR FAILURE TO COMPLY 21 If, without satisfactory explanation, counsel fail to file the required joint Rule 22 26(f) report or the required pretrial documents, fail to appear at any scheduled 23 proceeding, or otherwise fail to comply with judicial orders or rules, the Court shall 24 take any action it deems appropriate, including: (1) dismissal of the case for failure to 25 prosecute, if the failure occurs on the part of the plaintiff; (2) striking the answer 26 27 28 20 1 resulting in default if such failure occurs on the part of the defendant; (3) imposing 2 monetary sanctions against the offending party and counsel, and/or (4) where 3 applicable, revoking the pro hac vice status of attorneys so admitted. 4 5 Date: January 14, 2026 ___________________________ 6 Stanley Blumenfeld, Jr. 7 United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21
Official source: https://apps.cacd.uscourts.gov/Jps/honorable-stanley-blumenfeld-jr · retrieved 2026-07-23