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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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BADR DHAIFALLAH AHMED
MOHAMMED, et al.

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Plaintiff(s),

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Case No.: 2:17−cv−00786−SJO−GJS
STANDING ORDER FOR CIVIL
CASES ASSIGNED TO JUDGE S.
JAMES OTERO

v.
UNITED STATES OF AMERICA, et al.

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Defendant(s).

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This Order incorporates the Court’s:

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1.

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(Exhibit A); and

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2.

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(Exhibit B).

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Initial Standing Order for Civil Cases Assigned to Judge S. James Otero

Order Re Jury/Court Trial for Cases Assigned to Judge S. James Otero

Failure to conform with this Order may be deemed a waiver of trial by jury

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and may result in sanctions. The L.R. and Fed. R. Civ. P. control any issue not

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specifically addressed in this Order. This Order, and the Orders incorporated

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herein, are subject to change at any time. It is the responsibility of counsel to

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refer to this Court’s Procedures and Schedules found on the Court’s website

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(www.cacd.uscourts.gov) to obtain the operative order(s). Moreover, if this case

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was initiated by one or more Plaintiffs, Plaintiff(s) must immediately serve this

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Order and all incorporated Orders on all Defendants along with the Summons and

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Complaint. If this case was assigned to this Court after being removed from state

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court, the Defendant(s) who removed the case must serve this Order and all

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incorporated Orders on all other parties. The Court thanks the parties and counsel
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for their anticipated cooperation in carrying out these requirements.

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IT IS SO ORDERED.

DATED: February 3, 2017
S. James Otero
United States District Judge

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EXHIBIT A

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INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO
JUDGE S. JAMES OTERO

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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BADR DHAIFALLAH AHMED
MOHAMMED, et al.

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Plaintiff(s),

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Case No.: 2:17−cv−00786−SJO−GJS
STANDING ORDER FOR CIVIL
CASES ASSIGNED TO JUDGE S.
JAMES OTERO

v.
UNITED STATES OF AMERICA, et al.

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Defendant(s).

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This case has been assigned to the calendar of Judge S. James Otero. To

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secure the just, speedy, and inexpensive determination of this action, counsel are

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ordered to familiarize themselves with the Federal Rules of Civil Procedure

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(“Fed. R. Civ. P.”) and the Local Rules (“L.R.”) of the Central District of California.

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In an effort to provide further guidance to the parties, the Court notes the

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following:

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1.

Court Hours: Civil motions are heard on Monday at 10:00 a.m., unless the

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Court orders otherwise. (If Monday is a holiday, the next motion date is

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Tuesday following the holiday.) It is not necessary to clear a motion date.

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Do not call the clerk to reserve a hearing date; comply with the L.R.

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2.

States District Court, 350 West 1st Street, Los Angeles, California 90012.

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Location: Judge Otero’s courtroom is: Courtroom 10C, Tenth Floor, United

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E−Filing of Civil Cases: E-filing is mandatory for all new and pending civil

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cases except as provided in L.R. 5-4.2. The Court adheres to the e-filing

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practices of the Central District of California (see the court’s website at

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www.cacd.uscourts.gov) with two important exceptions:
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a.

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The deadline to e-file a document is 4:00 p.m.; any document e-filed
after 4:00 p.m. will be deemed filed on the next court day.

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b.

For every e-filed motion, ex parte application, temporary restraining

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order, and injunction, the moving party must e-mail the Court at Judge

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Otero’s generic e-mail address (SJO_Chambers@cacd.uscourts.gov) a

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Word or WordPerfect version of the proposed order, pursuant to the L.R.

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4.

Mandatory Chambers Copies: Mandatory chambers copies are required

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only for e-filed documents. One mandatory chambers copy must be delivered

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to the Judge’s mail box outside the Clerk’s Office on the 4th floor of the First

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Street Courthouse, by 12 noon the day after the document was e-filed. This

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mandatory chambers copy must be blue-backed and two-hole punched as if it

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were a manual filing, and the caption page must indicate the date and time the

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document was e-filed (place date and time of filing below title of filing on the

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caption page).

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5.

Documents Exempt from E-Filing: All documents exempt from electronic

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filing pursuant to L.R. 5-4.2 must be filed in person or by mail (an original

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and one copy) at the U.S. Courthouse, 312 North Spring Street, Room G-8,

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Civil Intake, Los Angeles, California 90012, NOT in chambers and NOT in

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the courtroom.

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6.

Telephone Inquiries: Telephone inquiries regarding the status of a motion,

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stipulation, or proposed order are not returned. Do not call the clerk to check

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the docket. Counsel may sign up for PACER access to monitor the clerk’s

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database.

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7.

Communications with Chambers: Counsel are not to initiate telephone

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calls to Judge Otero’s chambers, law clerks, or assistant. Counsel may access

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the Court’s website (www.cacd.uscourts.gov) for L.R., filing procedures,

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judges’ procedures and schedules, calendars, forms, and PACER access.

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Additional questions can be resolved by accessing the Western Division
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24-hour automated calling system ((213) 894-1565) or the case docket. Only in

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the event that counsel cannot find the desired information through all available

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resources, counsel may contact the Courtroom Deputy Clerk, Victor Cruz, by

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telephone at (213) 894-1796 or by e-mail at victor_cruz@cacd.uscourts.gov.

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8.

Service of Pleadings: Plaintiff must promptly serve the Complaint in

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accordance with Fed. R. Civ. P. 4 and file proof of service pursuant to

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L.R. 5-3. Any defendant not timely served will be dismissed from the action.

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Any “DOE” or fictitiously named defendant who is not identified and served

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within 90 days after the case is filed will be dismissed pursuant to Fed. R.

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Civ. P. 4(m).

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9.

Preparation of Documents/PDF: Counsel shall adhere to Local Rule 5-4.3.1

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with respect to the conversion of all documents to a PDF so that when a

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document is electronically filed, it is in the proper size and format that is

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PDF-searchable.

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10. Cases Removed from State Court: All documents filed in state court,

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including documents appended to the complaint, answers, and motions,

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must be re-filed in this Court as a supplement to the notice of removal.

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See 28 U.S.C. §§ 1447(a) and (b). If the defendant has not yet answered or

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filed a motion in response to the complaint, the answer or responsive pleading

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filed in this Court must comply with the Federal Rules of Civil Procedure and

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the L.R. If, before the case was removed, a motion or demurrer in response

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to the complaint was pending in state court, it must be re-noticed in this Court

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in accordance with L.R. 6-1 and L.R. 7. Counsel shall file with their first

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appearance a Notice of Interested Parties in accordance with L.R. 7.1-1.

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If an action is removed to this Court that contains a form pleading, i.e., a

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pleading in which boxes are checked, the party or parties utilizing the form

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pleading must file an appropriate pleading with this Court within 30 days of

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receipt of the Notice of Removal. The appropriate pleading referred to must
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comply with the requirements of Fed. R. Civ. P. 7, 7.1, 8, 9, 10 and 11.
11. Assignment to a Magistrate Judge: Under 28 U.S.C. § 636, the parties may

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consent to have a magistrate judge preside over all proceedings, including

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trial. Magistrate judges who accept those designations are identified on the

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Central District’s website, which also contains the consent form.

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12. ADR Pilot Program: If counsel have received a “Notice to Parties of ADR

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Program” (form ADR-08), please refer to General Order 11-10 for further

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information. The ADR section also contains Attorney Settlement Officer

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Information.

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13. Temporary Restraining Orders and Injunctions: Parties seeking

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emergency or provisional relief must comply with Fed. R. Civ. P. 65 and

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L.R. 65. The application shall include a proof of service which complies

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with the Court’s requirements for ex parte applications or a separate request

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for service to be excused. The Court will not rule on any application for

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such relief for at least 24 hours after the party subject to the requested

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order has been served, unless service is excused. On the day the documents

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are e-filed, counsel shall e-mail the documents to the Courtroom Deputy at

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SJO_Chambers@cacd.uscourts.gov and deliver a courtesy copy to the

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Judge’s mail box outside the Clerk’s Office on the 4th Floor of the First Street

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Courthouse.

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14. Calendar Conflicts: If there is a calendar conflict, counsel are to inform the

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Courtroom Deputy Clerk as soon as possible prior to the date of the conflict

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and are to follow the L.R. and Federal Rules of Procedure.

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15. Transcripts: For questions regarding transcripts, contact Court Reporting

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Services at transcripts_cacd@cacd.uscourts.gov or (213) 894-3015.

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The Court uses a court reporter, Carol Zurborg, who may be reached at

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(213) 894-3539.

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16. Interpreters: Obtaining the services of a certified interpreter on a civil case
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is the responsibility of counsel. For further information, call (213) 894-4599.

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17. Motions to Reconsider: L.R. 7-18 is strictly enforced.

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18. Actions Invoking Subject Matter Jurisdiction Based on Diversity:

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The burden of persuasion for establishing diversity jurisdiction rests on the

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party asserting it and must be supported by competent proof.

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To determine a corporation’s “principal place of business” for the

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purposes of diversity jurisdiction, the Court will apply the “nerve center” test,

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which was adopted by the U.S. Supreme Court in Hertz Corp. v. Friend, 559

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U.S. 77 (2010). The “nerve center” test looks to the single location where

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the “corporation’s high level officers direct, control, and coordinate the

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corporation’s activities.” Id. at 80. The “nerve center” will typically be the

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corporation’s headquarters, provided that the headquarters is the actual center

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of direction, control, and coordination, and not simply an office where the

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corporation holds its board meetings. Id. at 81. For the purposes of simplicity

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and clarity in jurisdictional matters, the Court has abandoned previous Circuit

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tests that required complex balancing factors and whose outcomes were

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difficult to predict. Id. at 89-96.

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If a party seeks to remove an action to this Court on the basis of diversity

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in a case where it is not clear from the Complaint that more than $75,000 is

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in controversy, the removing party must prove by a preponderance of the

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evidence that the amount in controversy meets the jurisdictional threshold.

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Matheson v. Progressive Specialty Ins. Co., 319 F.3d 1089, 1090 (9th Cir.

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2003). The Court will consider facts presented in the removal petition as

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well as any summary-judgment-type evidence relevant to the amount in

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controversy at time of removal. Id. Conclusory allegations as to the amount

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in controversy are insufficient. Id.

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Parties must file an Amended Complaint or Notice of Removal within

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fifteen days from the date the action is assigned to Judge Otero if there
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is a doubt as to whether they have met the test outlined in Hertz, whether they

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have otherwise established the citizenship of the parties, or whether they have

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established the amount in controversy. Failure to comply may result in

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dismissal or remand.

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19. Timing of Motions: Parties must strictly comply with L.R. 6-1, 7-9, and 7-10.

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20. Scheduling Conference: Scheduling conferences are held as soon as

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practicable and not later than 180 days from the filing of the Complaint.

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Trial counsel must be present. The Court does not hold telephonic

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conferences.

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Counsel must timely comply with Fed. R. Civ. P. 26(f) and file a Joint

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Rule 26(f) Report within ten days after they meet and confer. The Report

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must, in addition to addressing the matters specified in Rule 26(f), set forth

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the parties’ views regarding:

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a.

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supplemental jurisdiction;
b.

A cut-off date for the completion of discovery and the hearing of motions,
a final pretrial conference date, and a trial date;

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A statement of the specific basis of federal jurisdiction, including

c.

Whether discovery should be conducted in phases or otherwise ordered
or limited;

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d.

An estimate of the length of trial;

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e.

The name(s) of the attorney(s) who will try the case, including those

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who will be lead trial counsel;
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for maximizing settlement prospects;

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Efforts made to settle or resolve the case to date, and the parties’ plans

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Whether the case is complex or requires a reference to the procedures
set forth in the Manual on Complex Litigation;

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h.

The likelihood of the appearance of additional parties;

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i.

Dispositive or partially dispositive motions the parties are likely to file;
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j.

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Any unusual legal issues presented by the case, including any unusual
substantive, procedural or evidentiary issues;

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k.

Proposals regarding severance, bifurcation or other ordering of proof; and

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l.

A discussion of the present state of discovery, including a summary

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of completed discovery.
21. Patent Cases - Scheduling Conference and Adoption of Local Rules:
a.

Adoption of Local Rules: During the scheduling conference, the Court

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will impose rules limiting the number of asserted claims and prior art

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references, the number of claim terms for construction, the timing of the

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exchange of infringement and invalidity contentions, and the content of

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such contentions. The parties may suggest that the Court adopt another

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jurisdiction’s set of patent local rules, and must state in the Joint Rule

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26(f) Report whether they have agreed to abide by any such patent local

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rules. The parties are encouraged to use the Northern District of California

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Patent Local Rules (“P.L.R.”) in complex cases such as those involving

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computer technology, pharmaceuticals, or cases involving Ph.D.-level

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skill. If the parties do not agree to use the P.L.R. or disagree only to the

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time line included therein, they must state their positions for disagreement

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in the Joint Rule 26(f) Report. In any case, the ultimate decision regarding

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all scheduling matters, including whether to apply the P.L.R., lies with the

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Court. The Court will take into consideration several factors, such as: the

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number of patents at issue; the number of claims asserted; the number of

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likely disputed claims and the ease with which the parties can identify the

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claim language that will resolve their dispute; and the complexity of

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the technology. Parties should be prepared to present a technology tutorial

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at the scheduling conference that provides an overview of the patented

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technology-including fundamental scientific and technical concepts and

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any purported benefits of the claimed inventions over the prior art−and
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the design and operation of the accused instrumentalities.
b.

Claim Construction Hearings: The Court may hold claim construction

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hearings and hear argument from counsel. However, the Court generally

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does not hear expert testimony at claim construction hearings.

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c.

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Joint Claim Construction Chart: The joint claim construction chart must
be in a three-column format.

d.

Time Line for Patent Cases Not Using Patent Local Rules: For cases in

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which the Court has elected not to use the P.L.R., the parties must include

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proposed deadlines in the Rule 26(f) Report, including dates for the

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exchange of infringement and invalidity contentions, expert report dates,

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discovery cut-off dates, and a date for the claim construction hearing.

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e.

Time Line for Patent Cases Using Patent Local Rules: For cases in which

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the Court has elected to use the P.L.R., parties must include proposed

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deadlines in the Rule 26(f) Report. Parties may find the following

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list of suggested deadlines and dates helpful in writing their Rule 26(f)

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Report:

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(1)

One month after the Complaint is filed, the “Disclosure of Asserted

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Claims and Infringement Contentions” under P.L.R. 3-1 is to be

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served on all parties.

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(2)

Three months after the Complaint is filed is the deadline to amend

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the pleadings to add and serve new parties, to bring third-party

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claims, or to bring cross-claims.

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(3)

Contentions” under P.L.R. 3-3 is due.

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Four months after the Complaint is filed, the “Invalidity

(4)

Six months after the Complaint is filed, the “Joint Claim

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Construction Chart and Prehearing Statement” under P.L.R. 4-3 is

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due.

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(5)

Seven months after the Complaint is filed, claim construction
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discovery, both fact and expert, is to be completed.

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(6)

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Discovery with regard to damages begins the day after the fact and
expert discovery for the claim construction is due.

(7)

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Eight months after the Complaint is filed, the plaintiff’s claim

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construction opening brief is due. Defendant’s claim construction

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opposition is due two weeks after the opening brief is due and the

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plaintiff’s claim construction reply is due two weeks after the

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opposition is due.

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(8)

No sooner than one day after the Court’s ruling on claim

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construction but no later than ten months after the filing of the

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“Complaint, the Final Infringement Contentions” are due, along

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with any motion for summary judgment regarding infringement.

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(9)

No sooner than after the “Final Infringement Contentions”

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are filed but no later than eleven months after the filing of the

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Complaint, the “Final Invalidity Contentions” are due, along with

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any motion for summary judgment regarding invalidity or

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unenforceability or non-infringement.
(10) Eleven months after the filing of the Complaint is the motion

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cut-off date for all motions other than motions for summary

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judgment on infringement.

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(11) Eleven months after the Complaint is filed all discovery must be

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completed.

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(12) One week before the trial, the pretrial conference will be held.

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(13) Fourteen months after the filing of the Complaint, the trial will
commence.

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f.

Additional Items to Be Addressed in the Parties’ Joint Rule 26(f) Report:

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In addition to the foregoing, the parties must include the following

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information in their Joint Rule 26(f) Report: (1) whether any of the
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asserted patents have been involved in other litigations, and if so, the

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outcome of those litigations or the stage of those proceedings; (2) whether

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there is a history of litigation between the parties; and (3) whether the

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parties intend to move for inter partes or other post-grant review.

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The Court also notes that it may wish to hold a technology tutorial as

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part of the scheduling conference, in which case the parties shall bring

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at least three (3) copies of any bound presentation materials to the

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scheduling conference.

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22. Discovery: Discovery motions and applications for discovery protective

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orders must be scheduled before the magistrate judge assigned to the case.

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a.

Non-Expert Discovery: All expert / non-expert discovery must be

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completed by the discovery cut-off set by the Court. Any motion

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challenging the adequacy of discovery responses must be calendared

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sufficiently in advance of the cut-off date to permit any compelled

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responses to be obtained before that date.

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b.

Non-Expert Depositions: All depositions must commence sufficiently

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in advance of the discovery cut-off date to permit their completion

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and to permit the deposing party enough time to bring any discovery

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motions concerning the deposition prior to the cut-off date. Given the

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requirements of notice and “meet and confer,” this means that in most

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cases a planned motion to compel must be discussed with opposing

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counsel approximately six weeks before the cut-off.

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c.

Written Discovery: All interrogatories, requests for production of

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documents, and requests for admissions must be served sufficiently in

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advance of the discovery cut-off to enable the discovering party to

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challenge (via motion) deficient responses.

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d.

Discovery Motions: Parties are expected to resolve discovery disputes
among themselves in a courteous, reasonable, and professional manner.
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Absent resolution, the magistrate judge assigned to the case will rule

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on discovery motions. The Court requires compliance with L.R. 37-1

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through 37-4 in the preparation and filing of discovery motions. Any

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review of a magistrate judge’s discovery order must proceed by way of

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noticed motion under L.R. 7-4. The decision of the magistrate judge is

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final. The Court will not reverse any such order, including one imposing

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sanctions, unless the moving party demonstrates that the magistrate

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judge’s order “is clearly erroneous or contrary to law.” A motion for

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review and reconsideration must be filed and served within ten days of

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a written ruling or within ten days of an oral ruling that the magistrate

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judge states will not be followed by a written ruling.

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e.

Expert Discovery: The parties must meet and confer and agree upon

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expert disclosure dates as required by Fed. R. Civ. P. 26(a)(2). All

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disclosures must be made in writing. The parties should commence

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expert discovery shortly after the initial designation of experts, because

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the final pretrial conference and trial dates will not be continued merely

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because expert discovery is still underway.

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23. Motions and Motion Cut-Off Date:
a.

Meet and Confer Requirement: For all cases not exempt under L.R.

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16-12, and except in connection with discovery motions, applications

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for temporary restraining orders, or preliminary injunctions, counsel

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contemplating filing of any motion shall first contact opposing counsel

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to “discuss thoroughly, preferably in person, the substance of the

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contemplated motion and any potential resolution.” L.R. 7-3. The Court

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construes this requirement strictly. Half-hearted attempts at compliance

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with this rule will not satisfy counsel’s obligation. The parties must

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discuss the substantive grounds for the motion and attempt to reach

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an accord that would eliminate the need for the motion. The Court
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strongly emphasizes that under L.R. 7-3, discussions of the substance

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of contemplated motions are to take place, if at all possible, in person.

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Only in exceptional cases will a telephonic conference be allowed. All

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motions must include a declaration by counsel briefly describing the

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parties’ discussion and attempt to eliminate the need for the motion and

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the date of such discussion. Filings not in compliance with L.R. 7-3 will

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be denied.

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b.

All law and motion matters, except for motions in limine, must be set

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for hearing (not filing) by the motion hearing cut-off date. Issues left

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undetermined after passage of the cut-off date should be listed as issues

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for trial in the final pretrial conference order. As an exception, motions

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in limine dealing with evidentiary matters will be heard (at the Court’s

13

discretion) on the first day of trial, and must conform to the Local Rules

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and Rule 1.B.1. of the Court’s Order Re Jury/Court Trial For Civil Cases

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Assigned to Judge S. James Otero (Exhibit B). However, the Court will

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not hear or resolve summary judgment motions disguised as motions

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in limine.

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c.

The Court strongly encourages parties to permit less experienced

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lawyers (i.e., lawyers with five or fewer years of experience) to actively

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participate in the proceedings by presenting argument at motion

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hearings or examining witnesses at trial. Counsel should be prepared

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to discuss such opportunities at the Scheduling Conference.

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d.

Local Rule 7 governs the form of motions. See generally L.R. 7. If a

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party does not oppose a motion, that party must file a statement of

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non-opposition. L.R. 7-16. Failure to meet the time limits set forth in

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L.R. 7 may be deemed consent to the granting of the motion. L.R. 7-12.

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The Court will not decide late-filed motions, and a party or counsel

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who files such late papers may be subject to sanctions under L.R. 7-13.
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Reply papers are limited to argument and authorities responsive to the

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opposition papers. The Court will not address new matter that was

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improperly introduced.

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24. Motions - Generally: All pleadings must comply with L.R. 11, except that

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no memorandum or points and authorities or opposition may exceed twenty

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pages, excluding indices and exhibits, unless permitted by the Court. No reply

7

may exceed five pages.

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a.

Objections to Evidence: If a party disputes a fact based in whole or

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in part on an evidentiary objection, the ground of the objection, as

10

indicated above, should be stated in a separate statement but not argued

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in that document.

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b.

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Oral Argument: If the Court deems a matter appropriate for decision
without oral argument, the Court will notify the parties in advance.

14

c.

Tentative Rulings: The Court does not issue tentative rulings.

15

d.

Amici Status: The Court has broad discretion to appoint amicus curiae.

16

Interested parties must request leave of the Court before filing an amicus

17

brief, by showing:

18

(1)

That they have a “special interest” in the case;

19

(2)

That this interest is not represented competently or at all;

20

(3)

That they present information that is both timely and useful; and

21

(4)

That they are not partial to a particular outcome of the case.

22

25. Motions Pursuant to Rule 12: Many motions to dismiss or to strike can be

23

avoided if the parties confer in good faith (as required by Local Rule 7-3),

24

especially where perceived defects in a complaint, answer, or counterclaim

25

could be corrected by amendment. See Chang v. Chen, 80 F.3d 1293, 1296

26

(9th Cir. 1996) (where a motion to dismiss is granted, a district court should

27

provide leave to amend unless it is clear that the complaint could not be saved

28

by any amendment). These principles require that plaintiff’s counsel carefully
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1

evaluate defendant’s contentions as to the deficiencies in the complaint.

2

In most instances, the moving party should agree to any amendment that

3

would cure the defect. If a motion to dismiss is granted with leave to amend,

4

counsel shall attach as an appendix to an amended pleading a “redline”

5

version of the amended pleading showing all additions and deletions of

6

material.

7

26. Motions to Amend: All motions to amend pleading shall: (1) state the effect

8

of the amendment; and (2) identify the page and line number(s) and wording

9

of any proposed change or addition of material. The proposed amended

10

pleading shall be serially numbered to differentiate it from previously amended

11

pleadings. In addition to the requirements of L.R. 15, counsel shall attach as

12

an appendix to the moving papers a “redline” version of the proposed

13

amended pleading showing all additions and deletions of material.

14

27. Summary Judgment Motions: Parties need not wait until the motion cut-off

15

to bring motions for summary judgment or partial summary judgment.

16

Whenever possible, the party moving for summary judgment should provide

17

more than the minimum 28 day notice of motions. See L.R. 6-1. Because

18

these motions are fact-dependent, parties should prepare papers in a fashion

19

that will assist the Court in absorbing the mass of facts (e.g., tables of contents,

20

headings, indices). The parties are to comply precisely with L.R. 56-1 through

21

56-3.

22

a.

One Summary Judgment Motion: Without prior permission of the Court,

23

no party may file more than one motion pursuant to Fed. R. Civ. P. 56

24

regardless of whether such motion is denominated as a motion for

25

summary judgment or summary adjudication.

26

b.

Statement of Undisputed Material Facts: The separate Statement of

27

Undisputed Material Facts must be prepared in a two-column format. The

28

left-hand column sets forth the allegedly undisputed fact. The right-hand
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1

column sets forth the evidence that supports the factual statement.

2

Citation to the supporting evidence shall be specific, including reference

3

to the docket number, exhibit, page, and line number. Chambers’ copies

4

of the Statement of Undisputed Material Facts shall be submitted in a

5

binder (delivered to the Judge’s mail box outside the Clerk’s Office on

6

the 4th Floor of the First Street Courthouse), which is separated from the

7

evidence in support of a motion for summary judgment. Counsel shall

8

include tab dividers which separate the statements of undisputed material

9

facts in support of each claim for relief.

10

c.

Statement of Genuine Disputes of Material Fact: The opposing party’s

11

Statement of Genuine Disputes of Material Fact must be in two columns

12

and track the movant’s separate statement exactly as prepared. The left-

13

hand column must restate the allegedly undisputed fact and the alleged.

14

supporting evidence, and the right-hand column must state either that it

15

is disputed or undisputed. The opposing party may dispute all or only a

16

portion of the statement, but if disputing only a portion, such party must

17

clearly indicate what part is being disputed, followed by the opposing

18

party’s evidence controverting the fact. To demonstrate that a fact is

19

disputed, the opposing party must briefly state why it disputes the

20

moving party’s asserted fact, cite to the relevant exhibit or other evidence,

21

and describe what it is in that exhibit or evidence that refutes the asserted

22

fact. No legal argument should be set forth in the document.

23

Chambers’ copies of the opposing party’s Statement of Genuine

24

Disputes must also be submitted in a binder (delivered to the Judge’s

25

mail box outside the Clerk’s Office on the 4th Floor of the First Street

26

Courthouse), which is separated from the evidence in opposition to a

27

motion for summary judgment. Counsel shall include tab dividers which

28

separate the Statement of Genuine Disputes as to each claim for relief.
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1

The opposing party may submit additional material facts that bear

2

on, or relate to, the issues raised by the movant, which shall follow the

3

format described above for the moving party’s separate statement. These

4

additional facts shall continue in sequentially numbered paragraphs and

5

shall set forth in the right-hand column the evidence that supports that

6

statement. Additional material facts shall be filed in a separate

7

document from the Statement of Genuine Disputes. Chambers’ copies

8

of the opposing party’s additional material facts must be filed in a

9

separate binder from the Statement of Genuine Disputes. Counsel shall

10

include tab dividers which separate the additional material facts as to

11

each claim for relief.

12

d.

Supporting Evidence: No party shall submit evidence other than the

13

specific items of evidence or testimony necessary to support or controvert

14

a proposed statement of undisputed fact. For example, entire deposition

15

transcripts, entire sets of interrogatory responses, and documents that do

16

not specifically support or controvert material in the separate statement

17

shall not be submitted in support of or opposition to a motion for

18

summary judgment.

19

Supporting evidence should be submitted either by way of

20

stipulation or as exhibits to declarations sufficient to authenticate the

21

proffered evidence, and should not be attached to the memorandum of

22

points and authorities. Documentary evidence as to which there is no

23

stipulation regarding foundation must be accompanied by the testimony

24

of a witness who can establish authenticity.

25

28. Motions for Attorneys’ Fees: Motions for attorneys’ fees shall be filed

26

and set for hearing according to Local Rule 6-1. Any motion or request

27

for attorneys’ fees shall attach two summaries, in table form, of the hours

28

worked by and billing rate of each attorney with title (i.e., partner, local
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1

counsel, associate, etc.).

2

The first table shall include a summary of the hours worked by each

3

attorney, organized by task (i.e., discovery, motion to dismiss, motion for

4

summary judgment). If the hourly rate charged by any individual attorney

5

changed while the case was ongoing, the party shall provide separate

6

calculations for the total number of hours that the attorney spent in connection

7

with each task at each hourly rate.

8

The second table shall include a summary of the hours worked by each

9

attorney, organized by attorney. This table shall list all of the tasks on which

10

the attorney worked, the hours worked on each task, and the hourly rate of

11

each attorney.

12

29. Requests for Extensions of Time to File Documents or Dates:

13

The deadlines and requirements set by the Court are firm. No stipulations

14

extending scheduling requirements or modifying applicable rules are effective

15

unless and until approved by the Court. Counsel should avoid submitting

16

requests for a continuance less than at least seven (7) calendar days prior

17

to the scheduled date that is the subject of the request. Applications and

18

stipulations must set forth:

19

a.

The existing due date or hearing date;

20

b.

Specific, concrete reasons supporting good cause for granting the

21

extension. A statement that an extension “will promote settlement” is

22

insufficient. The requesting party or parties must indicate the status of

23

ongoing negotiations (i.e., Have written proposals been exchanged?

24

Is counsel reviewing a draft settlement agreement? Has a mediator been

25

selected?); and

26
27
28

c.

Whether there have been prior requests for extensions, and whether
these were granted or denied by the Court.

The pretrial conference and trial dates will not be continued solely because
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the parties are in the process of settling or have “settled.” If the parties wish

2

to avoid the pretrial conference or trial, a valid stipulated dismissal under

3

Fed. R. Civ. P. 41 must be filed at least one court day in advance.

4

30. Ex Parte Applications: Ex parte applications are solely for extraordinary

5

relief and are discouraged. Mission Power Eng'g Co. v. Cont’l Casualty Co.,

6

883 F. Supp. 488 (C.D. Cal. 1995). Strictly comply with L.R. 7-19. Ex parte

7

applications are not noticed for any date or time certain. If a hearing is

8

necessary, the Courtroom Deputy Clerk will contact counsel.

9
10

31. Protective Orders and Motions to Seal Documents
a.

Protective Orders. The parties are permitted to enter into stipulated

11

protective orders that govern how the parties are required to handle

12

confidential material produced in discovery.

13

b.

Sealing Determinations. It is the Court, not the parties, that determines

14

whether a document can be filed under seal. Protective orders cannot

15

pre-authorize a party to file documents under seal. Parties must strictly

16

comply with Local Rule 79-5 and its subdivisions. The Court will only

17

permit filings under seal if the party seeking to seal the information

18

demonstrates why the public’s traditional right of access to court

19

documents and the public policies favoring disclosure are outweighed by

20

good cause (if the motion is not case-dispositive) or compelling reasons

21

(if the motion is case-dispositive or the information is included in the

22

operative complaint) that support keeping the information under seal.

23

The fact that a party has designated a particular document “Confidential”

24

pursuant to a protective order is not sufficient to convince the Court that

25

good cause or compelling reasons exist to seal that document. If a

26

protective order attempts to authorize the filing of materials under seal

27

without an independent showing of good cause or compelling reasons,

28

the protective order will be rejected or that provision will be ignored.
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c.

Noticed Motions in Cases with Protective Orders. In any case where

2

the parties have entered into a stipulated protective order, noticed

3

motions must be noticed at least 35 days before the hearing date.

4

d.

Filing One’s Own Confidential Documents with the Court. Any party

5

who wishes to file its own confidential material with the Court and have

6

that information sealed must submit an application to seal concurrently

7

with the filing of the document containing the confidential information.

8
9

e.

Filing Another Party’s Confidential Documents with the Court.
1.

Meet-and-Confer Requirement. If a party wishes to file in Court

10

a document containing information another party has designated

11

“Confidential” pursuant to a protective order, the party filing the

12

document (the “Filing Party”) must give the party that designated

13

the material “Confidential” (the “Designating Party”) at least

14

seven calendar days’ notice, informing the Designating Party which

15

specific documents or information the Filing Party intends to file

16

with the Court and the date of the anticipated filing. No fewer than

17

four calendar days prior to the anticipated filing, the Designating

18

Party must inform the Filing Party which of the identified material

19

it intends to move to seal. This subsection applies to any noticed

20

motion or opposition to a noticed motion.

21

2.

Timing of Applications to Seal. If the Designating Party wishes to

22

seal certain information, it must file an application to seal on or

23

before the date the Filing Party files the document containing the

24

confidential information. This subsection applies to any noticed

25

motion or opposition to a noticed motion.

26

3.

Filings Other Than Noticed Motions or Oppositions to Noticed

27

Motions. A party filing any document other than a noticed motion

28

or opposition to a noticed motion need not inform the Designating
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1

Party which material it intends to file with the Court. If a Filing

2

Party files a document other than a noticed motion or opposition to

3

a noticed motion that includes information another party has

4

designated “Confidential,” the Filing Party must redact all of the

5

other party’s confidential information from the publicly-available

6

version and lodge conditionally under seal unredacted copies with

7

the Court. If the Designating Party seeks to have any of the

8

information sealed, it must file an application to seal within four

9

calendar days. If no application to seal is received, the Court will

10

reject the filing and give the Filing Party two days to re-file

11

unredacted versions of the documents.

12

32. Settlement: L.R. 16-15 requires the parties to participate in one of the

13

settlement procedures set forth in the Rule. The settlement conference must

14

be concluded not later than 30 days before the pretrial conference. The Court

15

may hold and preside over the settlement conference in certain cases. The

16

Court on its own motion may set a settlement conference at any time

17

following the scheduling conference. If the settlement conference is set

18

before this Court, the parties must comply with L.R. 16-15.5.

19
20

33. Procedures for Settlement Conferences Held Before Judge Otero:
a.

Settlement Conference Briefs: The parties must submit confidential

21

settlement conference briefs to chambers in accordance with L.R.

22

16-15.5(a) five days before the conference, and must exchange non-

23

confidential letters with all other parties of record. Each confidential

24

settlement conference brief must contain:

25

(1) A summary of the important issues and the party’s position on

26

each issue;

27

(2) A summary regarding damages in a non-conclusory form; and

28

(3) A summary on the course of any prior settlement negotiations.
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The brief must be concise, and large numbers of exhibits may not be

2

appended. Proposals for settlement and counsel’s evaluation of the case

3

not yet communicated to opposing counsel must be included in the

4

confidential settlement letter.

5

b.

Persons Present: All persons whose consent is necessary to conclude

6

settlement must be present at the settlement conference. Counsel are

7

responsible for ensuring that all persons and parties are present.

8

c.

The Conference: The Court will confer with the attorneys and

9

representatives jointly and separately. Each party must be prepared

10

to negotiate for as long as prospects of settlement are not foreclosed.

11

The Court may confer with the parties in the presence of their attorneys.

12

If settlement is reached, it will be placed on the record at the conclusion

13

of the conference.

14

IT IS SO ORDERED.

15
16 DATED: February 3, 2017
17

S. James Otero
United States District Judge

18
19
20
21
22
23
24
25
26
27
28
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1

EXHIBIT B

2
3

ORDER RE JURY/COURT TRIAL FOR CIVIL CASES ASSIGNED TO
JUDGE S. JAMES OTERO

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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1
2
3

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

4
5

BADR DHAIFALLAH AHMED
MOHAMMED, et al.

6

Plaintiff(s),

7
8

Case No.: 2:17−cv−00786−SJO−GJS
ORDER RE JURY/COURT TRIAL
FOR CIVIL CASES ASSIGNED
TO JUDGE S. JAMES OTERO

v.
UNITED STATES OF AMERICA, et al.

9
10

Defendant(s).

11
12
13
14

1.

TRIAL PREPARATION
A.

Pretrial Conference: This case has been placed on the calendar for a

15

Final Pretrial Conference (“PTC”) pursuant to Fed. R. Civ. P. 16. The

16

PTC will be held at 9:00 a.m. on the date set by the Court, unless

17

expressly waived by the Court at the scheduling conference. The lead

18

trial attorney on behalf of each party must attend the PTC and all meetings

19

in preparation thereof. A continuance of the PTC at the parties’ request

20

or by stipulation is unlikely. Failure to complete discovery is not a ground

21

for continuance.

22

At the PTC, parties should be prepared to discuss means of

23

streamlining the trial, including: bifurcation; presentation of foundational

24

and non-critical testimony by deposition excerpts, narrative summaries

25

and stipulations as to the content of testimony; and qualification of experts

26

by admitted resumes. The Court will also discuss settlement.

27

If counsel fail to file the required pretrial documents or fail to appear

28

at the PTC and such failure is not otherwise satisfactorily explained to the
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1

Court: (a) the case will be dismissed for failure to prosecute, if such

2

failure occurs on the part of the plaintiff; (b) default judgment will be

3

entered, if such failure occurs on the part of the defendant; or (c) the

4

Court may take such action as it deems appropriate. Failure of counsel to

5

strictly follow the provisions of this Order may subject the non-complying

6

party and its attorney to sanctions and may constitute a waiver of jury

7

trial.

8

B. Pretrial Documents: Pretrial documents must comply with the Local

9

Rules:

10

1.

Motions In Limine: Motions in limine are heard on the first day of

11

trial and must conform to the Local Rules and the following format:

12

a.

Motions in limine must be filed 35 days before the trial date

13

and prepared consistent with L.R. 6-1. Any opposition(s) shall

14

be filed 14 days before the Final Pretrial Conference and shall

15

not exceed 10 pages. Any reply shall be filed 7 days before

16

the Final Pretrial Conference and shall not exceed 5 pages.

17

In addition, five court days before the PTC, each party must

18

deliver to the Court (to the Judge’s mail box outside the

19

Clerk’s Office on the 4th Floor of the First Street Courthouse)

20

a three-ring binder of its motions in limine, together with the

21

objections and replies. Each party is limited to four motions

22

in limine, unless otherwise instructed by the Court.

23

b.

If any of the issues addressed in said motions were raised in

24

prior proceedings, counsel are to identify the proceedings and

25

relevant pleadings.

26

c.

The binders must be clearly marked as to their content (e.g.,

27

Plaintiff’s Motions in Limine Nos. 1-4) and each motion must

28

be separated by marked dividers, identifying the particular
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1

motion. The spine of each binder must include the case name

2

and number as well as the content of the binder. Binders should

3

only contain the points of law, no declarations.
d.

4
5
6

In lodging deposition transcripts, counsel must stipulate to
their authenticity.

2.

Memoranda of Contentions of Fact and Law: Not later

7

than 21 days before the PTC, each party must serve and file a

8

memorandum of contentions of fact and law containing a summary

9

of the parties’ basic factual contentions supported by legal authority

10

in the form of a legal brief. L.R. 16-4.

11

3.

Joint Witness List: Not later than 21 days before the PTC, the

12

parties must submit a joint witness list in accordance with L.R. 16-5,

13

except that the parties need not submit separate witness lists. The

14

joint witness list must identify:

15

a.

All witnesses who will actually testify at trial. Failure to

16

include the name of a witness may preclude a party from calling

17

that witness.
b.

18

Trial Witness Estimate: The witness list and summary must

19

give accurate time estimates for each witness to conduct direct,

20

cross, re-direct, and re-cross. Counsel must include a summary

21

of the testimony of each witness. If more than one witness is

22

offered on the same subject matter, each summary must enable

23

the Court to determine if the testimony is cumulative.
c.

24

Expert Witnesses: An expert witness’s direct testimony must

25

consist of a description of the expert’s background and contents

26

of his or her Rule 26 Report.

27
28

4.

Joint Exhibit List: Not later than 21 days before the PTC, the
parties must submit a joint exhibit list in accordance with L.R.
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16-6.1 and Fed. R. Civ. P. 26(a)(3)(A)(iii). The list must also

2

include an appropriate identification of each document or exhibit

3

which the party expects to offer for impeachment purposes and

4

those which the party may offer if the need arises. The list must

5

be substantially in the form indicated by the following example:

6
7

Plaintiff’s Exhibits
Exhibit No.

Description

8

Stip. to

Stip. to

Date

Date

Authen.

Admiss.

Identified

Admitted

Stip. to

Stip. to

Date

Date

Authen.

Admiss.

Identified

Admitted

9
10

Defendant’s Exhibits

11

Exhibit No.

Description

12
13
14

Counsel must meet and confer and stipulate to authenticity and

15

other foundational objections. Place exhibits in binders with each

16

exhibit properly marked and tabbed.

17

5.

Pretrial Exhibit Stipulation: Not later than 7 days before the PTC,

18

the parties must prepare a pretrial exhibit stipulation containing

19

each party’s numbered list of all trial exhibits, with objections to

20

each exhibit and the offering party’s response. All exhibits to

21

which there is no objection will be admitted. All parties must

22

stipulate to the authenticity of exhibits whenever possible. Identify

23

any exhibits whose authenticity has not been stipulated to and the

24

specific reasons for the parties’ failure to stipulate. The stipulation

25

must be substantially in the form indicated by the following

26

example:

27

///

28

///
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1
2

Plaintiff’s Exhibits
Exhibit No.

Description

3
4
5

If Objection, State

Response to

Grounds

Objection

If Objection, State

Response to

Grounds

Objection

Defendant’s Exhibits
Exhibit No.

Description

6
7

The pretrial exhibit stipulation must be filed at the same time counsel

8

lodge the PTCO. Failure to so comply may constitute a waiver of

9

all objections.

10

6.

Pretrial Conference Order (“PTCO”): Not later than 7 days

11

before the PTC, the parties must submit their [Proposed] PTCO.

12

Parties are to consult Appendix A to the L.R. in preparing the PTCO.

13

In addition, parties must heed the following:

14

a.

Include a table of contents at the beginning of the PTCO.

15

b.

Place in “all caps” and in “bold” the separately numbered

16

headings for each category in the PTCO (e.g., “1. THE

17

PARTIES”).

18

c.

In specifying the surviving pleadings under section 1 of

19

Appendix A, state which claims or counterclaims have been

20

dismissed or abandoned (e.g., “Plaintiff’s first cause of action

21

for fraud has been dismissed.”) In multiple party cases where

22

not all claims will be prosecuted against all remaining parties

23

on the opposing side, specify to which party each claim is

24

directed.

25

d.

In drafting the PTCO, the parties must attempt to agree on

26

and set forth as many uncontested facts as possible. These

27

facts are usually read to the jury at the start of trial. A carefully

28

drafted stipulation of facts will reduce the length of trial and
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1

increase jury understanding of the case.

2

e.

In drafting the factual issues in dispute for the PTCO, the

3

parties must state issues in ultimate fact form, not in the form

4

of evidentiary fact issues. The issues of fact should track

5

the elements of a claim or defense on which the jury will be

6

required to make findings.

7

f.

Issues of law should state legal issues on which the Court will

8

be required to rule during the trial and should not list ultimate

9

fact issues to be submitted to the trier of fact.

10

7.

Jury Instructions and Verdict Forms: Not later than 7 days before

11

the PTC, counsel must submit the text of each jury instruction in

12

two sets:

13

a.

Set one consists of instructions that all parties agree should

14

be submitted to the jury, and includes general and substantive

15

instructions, a verdict form, and, if necessary, special

16

interrogatories. “Substantive jury instructions” means all

17

instructions relating to the elements of all claims and defenses

18

in the case. Parties should also submit standard and general

19

instructions.

20

b.

Set two consists of instructions that are objected to. Proposed

21

special verdict forms are to be included. This second set must

22

include a joint statement regarding the disputed instructions,

23

verdicts and interrogatories. In the joint statement, place the

24

text of the disputed instruction (or verdict or interrogatory)

25

with identification of the party proposing it. Following

26

that text, place the opposing party’s statement of objections

27

with legal authority in support thereof (one page or less) and

28

proposed alternative language if appropriate. The entirety of
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1

the objection must be typed in capital letters.

2

c.

A table of contents must be included with all jury instructions

3

submitted to the Court. The table of contents must set forth:

4

(i) the number of the instruction; (ii) a brief title of the

5

instruction; (iii) the source of the instruction; and (iv) the

6

page number of the instruction.

7

For example:

8

Number

9

(1)

10

d.

Title

Source

(Burden of Proof) (cite)

Page Number
(5)

The Court prefers counsel to use instructions from the Manual

11

of Model Jury Instructions for the Ninth Circuit where

12

applicable. Where California law is to be applied, the Court

13

requires counsel to use the State of California Judicial Council

14

Approved Civil Jury Instructions.

15

e.

Modifications of instructions from the foregoing sources

16

(or any other form instructions) must specifically state the

17

modification made to the original form instruction and the

18

authority supporting the modification.
8.

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Joint Statement of the Case and Voir Dire: Not later than

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7 days before the PTC, the parties must submit separate proposed

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voir dire questions and a one-page joint statement of the case,

22

which is read to the jury pool. The Court conducts voir dire. The

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parties need not submit requests for standard voir dire questions,

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but should include only proposed questions specifically tailored

25

to the parties and issues of the case.

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C.

Real-Time Reporting Requirement: At the PTC, each party must

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submit to the Deputy Clerk a typed list of proper names, unusual or

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scientific terms, or any other uncommon words that are likely to be
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used during the trial.

2

D.

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Bench Trial:
1.

Findings of Fact and Conclusion of Law: The parties must lodge

4

their proposed findings of fact and conclusions of law no later than

5

seven (7) days before trial and deliver to chambers a digital copy

6

of these findings in Word or WordPerfect format. L.R. 52-1. When

7

ordered by the Court in a particular case, each party shall, at least

8

twenty-one (21) calendar days prior to the PTC, file declarations

9

containing the direct testimony of each witness whom that party

10

intends to call at trial. If such declarations are filed, each party

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shall file any evidentiary objections to the declaration(s) submitted

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by any other party at least fourteen (14) calendar days prior to

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the Final Pretrial Conference. If any party submits such objections,

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they shall be submitted in the following three-column format:

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(i) the left column should contain a verbatim quote of each statement

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objected to (including page and line number); (ii) the middle column

17

should set forth a concise objection (e.g., hearsay, lacks foundation,

18

etc.) with a citation to the Federal Rules of Evidence or, where

19

applicable, a case citation; and (iii) the right column should provide

20

space for the Court’s entry of its ruling on the objection. The Court

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anticipates issuing its ruling on the objections the same date as the

22

date scheduled for the PTC. Counsel shall refer to the Court’s Initial

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Standing Order for the proper format.
2.

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Narrative Statements: The Court requires that the direct testimony

25

of a witness be presented by written narrative statement subject to

26

cross−examination at trial, to be adopted by the witness orally in

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open court, unless such requirement is waived. L.R. 43-1.

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///
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3.

TRIAL PROCEDURE
A.

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4

Civil trials are held Tuesday through Friday from 8:30 a.m. to 11:30 a.m.
and from 1:00 p.m. to 4:00 p.m.

B.

At the end of each day, counsel presenting his or her case shall advise

5

opposing counsel of the witnesses expected to testify the following

6

day with an estimate of the length of direct examination for each

7

witness. Opposing counsel shall provide an estimate of the length of

8

cross-examination for each witness. Cooperation of counsel will ensure

9

a smooth flow of witnesses. It is the responsibility of all counsel to

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arrange the appearance of witnesses in order to avoid delay.

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C.

should be made from the lectern only.

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13

D.

14
15

Opening statements, examination of witnesses, and closing arguments

Counsel shall not refer to their clients or any witness by their first names
during trial.

E.

When objecting, counsel shall state only that counsel is objecting and

16

the legal ground of the objection, e.g., hearsay, irrelevant, etc. Counsel

17

shall not argue an objection before the jury. SPEAK UP when making

18

an objection.

19

F. Counsel shall not approach the Courtroom Deputy Clerk or the witness

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21

box without the Court’s permission.
G.

22
23

accomplished.
H.

Counsel shall not enter the well of the Court without the Court’s
permission.

24
25

Counsel shall return to the lectern when his or her purpose has been

I.

26

Counsel shall rise when addressing the Court. In jury cases, please rise
when the jury enters or leaves the courtroom.

27

J.

Counsel shall address all remarks to the Court.

28

K.

Counsel shall not directly address the Courtroom Deputy Clerk, the
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reporter, or opposing counsel.
L.

3
4

permission to talk to counsel OFF THE RECORD.
M. All requests for the re-reading of questions or answers or to have an

5
6

exhibit placed in front of a witness shall be addressed to the Court.
N.

7
8

If counsel wish to speak with opposing counsel, counsel shall ask

Counsel shall not make an offer of stipulation unless counsel has
conferred with opposing counsel and reached an agreement.

O.

While the court is in session, counsel shall not leave the counsel table

9

to confer with investigators, secretaries, or witnesses unless permission

10

is granted in advance.

11

P.

When a party has more than one lawyer, only one may conduct the

12

examination of any given witness and only that same lawyer may

13

handle objections during the testimony of that witness.

14

Q.

If a witness was on the stand at a recess or adjournment, counsel shall

15

have the witness back on the stand and ready to proceed when Court

16

resumes.

17

R.

Counsel shall not run out of witnesses. If counsel is out of witnesses

18

and there is more than a brief delay, the Court may deem that counsel has

19

rested.

20

S.

The Court attempts to cooperate with doctors and other professional

21

witnesses and will, except in extraordinary circumstances, accommodate

22

them by permitting them to be out of sequence. Counsel should anticipate

23

any such possibility and discuss it with opposing counsel. If there is an

24

objection, counsel shall confer with the Court in advance.

25

T.

Counsel are advised to be on time as the Court starts promptly.

26

U.

Counsel should not by facial expression, nodding, or other conduct

27

exhibit any opinions, adverse or favorable, concerning any testimony

28

which is being given by a witness. Counsel should similarly admonish
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their own clients and witnesses to avoid such conduct.
4.

MISCELLANEOUS

3

A. Installation of Equipment: If counsel need to arrange for the installation

4

of their own additional equipment, such as a video monitor, overhead

5

projector, etc., refer to the Court’s website (www.cacd.uscourts.gov) so

6

that necessary arrangements can be made. Electronic Evidence Presenter

7

reservations and tutorials may be made through the Courtroom

8

Technology Help Desk at (213) 894-3061.

9

B.

Voluminous Exhibits: Arrangements for bringing voluminous exhibits

10

into the courtroom may be made through the Space and Facilities Help

11

Desk at (213) 894-1400.

12

IT IS SO ORDERED.

13
14 DATED: February 3, 2017
15

S. James Otero
United States District Judge

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