Judge Fernando L. Aenlle-Rocha -- United States District Court, Central District of California

Courtroom 6B, 6th Floor, Felicitas and Gonzalo Mendez U.S. Courthouse, Los Angeles

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Key Traps — Where Counsel Gets Caught

1. Civil motions heard Fridays at 1:30 p.m. (not Mondays) — do not calendar on a Friday court holiday or the Court will re-calendar
2. MSJs, TROs, and preliminary injunctions REQUIRE clearing the hearing date with the CRD before filing (most CACD motions do not)
3. Word limit is 7,000; reply cap 4,200 words or 15 pages — every brief must include a Certificate of Compliance per L.R. 11-6.2
4. Proposed orders MUST use the judge's template from his webpage, emailed in Word to fla_chambers — non-compliance can result in the motion being STRICKEN without consideration
5. Sealing: parties must meet-and-confer BEFORE filing an application to seal, and each document needs its own good-cause/compelling-reasons justification — blanket confidentiality claims will be denied
6. Continuance requests submitted <5 business days before the deadline are disfavored; requests to extend a date that has ALREADY EXPIRED create a presumptive lack of due diligence
7. Calendar conflict with a more senior judge: notify CRD via chambers email at least 3 business days before the appearance
8. Positive trap: mark in BOLD and UNDERLINED font in your papers that an attorney <5 years out of law school will argue — the Court is more likely to hold oral argument
9. Remote appearance for status conferences requires email 3 court days in advance with detailed undue-hardship statement; must use landline or hardline internet and be ready 15 minutes early
10. Settlement after 4:00 p.m. the last business day before trial can trigger jury fee assessment against each side under L.R. 40-3 absent good cause

Quick Reference

Topic	Rule
Motion Days	SO III.A: "Motions shall be filed in accordance with Local Rules 6 and 7. The court hears motions in civil actions on Fridays, beginning at 1:30 p.m. It is not necessary to clear a hearing date with the Courtroom Deputy Clerk before filing a motion, except for motions for summary judgment, temporary restraining orders, or preliminary injunctions." JPS I: "Criminal motions are heard on Friday at 10:30 a.m. Civil motions are heard on Friday at 1:30 p.m. Please do not calendar a matter on a Friday that is a court holiday. If you do, the court will re-calendar the matter for another Friday." [Judge Aenlle-Rocha Standing Order]
Motion Limit	SO III.C: "Memoranda of points and authorities shall not exceed 7,000 words. See Local Rule 11-6.1. A handwritten brief or a brief prepared using a typewriter may not exceed 25 pages, excluding the caption (if on a separate cover page), the table of contents, the table of authorities, the signature block, and any indices and exhibits. All submitted briefs must be accompanied by a Certificate of Compliance as set forth in Local Rule 11-6.2. Only in rare instances and for good cause shown will the court grant an application to extend these word or page limitations. No supplemental brief shall be filed without prior leave of court." [Judge Aenlle-Rocha Standing Order]
Reply Limit	SO III.C: "Replies shall not exceed 4,200 words or fifteen (15) pages for handwritten briefs and briefs prepared using a typewriter. Only in rare instances and for good cause shown will the court grant an application to extend these word or page limitations. No supplemental brief shall be filed without prior leave of court." [Judge Aenlle-Rocha Standing Order]
Chambers Copies	Conditional SO V.B: "The processing of unnecessary chambers copies wastes resources and burdens the court. Chambers copies should not be submitted... [Judge Aenlle-Rocha Standing Order]
Remote Appearances	SO V.E: "The court requires in-person attendance for all hearings and trials, unless otherwise instructed by the court. The court may permit appearances by telephone or video conference for status conferences upon a showing that a personal appearance will cause undue hardship. If you wish to appear by telephone or video conference, you must: 1. email the Courtroom Deputy Clerk and copy opposing counsel at least three (3) court days in advance... and provide a detailed statement of undue hardship; 2. use a landline... or a hardline internet connection to connect to the Zoom link; and 3. be available and ready to call in for at least fifteen (15) minutes before the scheduled hearing." [Judge Aenlle-Rocha Standing Order]
Discovery	SO II.A: "All discovery matters are hereby referred to the assigned Magistrate Judge, who will hear all discovery disputes." JPS: "All discovery motions and stipulations, including those relating to protective orders, are to be calendared before the Magistrate Judge whose initials appear in parentheses after the case number." [Judge Aenlle-Rocha Standing Order]

Procedural Briefing by Motion Type

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Before You File

Motion Days & Times

SO III.A: "Motions shall be filed in accordance with Local Rules 6 and 7. The court hears motions in civil actions on Fridays, beginning at 1:30 p.m. It is not necessary to clear a hearing date with the Courtroom Deputy Clerk before filing a motion, except for motions for summary judgment, temporary restraining orders, or preliminary injunctions." JPS I: "Criminal motions are heard on Friday at 10:30 a.m. Civil motions are heard on Friday at 1:30 p.m. Please do not calendar a matter on a Friday that is a court holiday. If you do, the court will re-calendar the matter for another Friday." [Judge Aenlle-Rocha Standing Order]

Notice Period

JPS I.A: "Motions made pursuant to Fed. R. Civ. P. 56 must be noticed, served, and filed no later than thirty-five (35) days before the hearing date... Oppositions must be filed and served not later than twenty-one (21) days before the hearing date. Replies must be filed and served not later than fourteen (14) days before the hearing date. All other motions must be noticed, served, and filed not later than twenty-eight (28) days before the hearing date. See Local Rule 6-1." [Judge Aenlle-Rocha Standing Order]

Motion Page / Word Limit

SO III.C: "Memoranda of points and authorities shall not exceed 7,000 words. See Local Rule 11-6.1. A handwritten brief or a brief prepared using a typewriter may not exceed 25 pages, excluding the caption (if on a separate cover page), the table of contents, the table of authorities, the signature block, and any indices and exhibits. All submitted briefs must be accompanied by a Certificate of Compliance as set forth in Local Rule 11-6.2. Only in rare instances and for good cause shown will the court grant an application to extend these word or page limitations. No supplemental brief shall be filed without prior leave of court." [Judge Aenlle-Rocha Standing Order]

Opposition Limit

Reply Limit

SO III.C: "Replies shall not exceed 4,200 words or fifteen (15) pages for handwritten briefs and briefs prepared using a typewriter. Only in rare instances and for good cause shown will the court grant an application to extend these word or page limitations. No supplemental brief shall be filed without prior leave of court." [Judge Aenlle-Rocha Standing Order]

Font & Formatting

SO III.C: "Pursuant to Local Rule 11-3.1.1, either a proportionally spaced or monospaced face may be used. Typeface shall comply with Local Rule 11-3.1.1. Times New Roman font must be no less than fourteen (14) point, and Courier font must be no less than twelve (12) point. Footnotes shall be in the same font and the same size as the body of the memorandum." [Judge Aenlle-Rocha Standing Order]

Footnote Policy

SO III.C: "Footnotes shall be in the same font and the same size as the body of the memorandum." [Judge Aenlle-Rocha Standing Order]

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At Filing

Chambers Copies

Conditional SO V.B: "The processing of unnecessary chambers copies wastes resources and burdens the court. Chambers copies should not be submitted unless requested. This order, however, is not intended to affect the parties' ability to file and lodge documents and materials that are exempt from electronic filing under Local Rule 5-4.2. The court refers the parties to the Scheduling and Trial Order for details regarding mandatory chambers copies for pretrial documents and trial exhibits." JPS Mandatory Chambers Copies: "The court does not require chambers copies of any motion papers or exhibits, and discourages the parties from sending courtesy copies to chambers." [Judge Aenlle-Rocha Standing Order]

Proposed Orders

SO V.A: "Each party filing or opposing a motion or seeking the determination of any matter shall serve and electronically lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale... a copy of the proposed order in Word format shall be emailed directly to the court's chambers email address at fla_chambers@cacd.uscourts.gov on the day the document is e-filed. The parties must use the template for proposed orders available on Judge Aenlle-Rocha's webpage... Failure to email a proposed order in Word format using the court's template may result in the court striking the motion, application, or stipulation without consideration." [Judge Aenlle-Rocha Standing Order]

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Before the Hearing

Oral Argument

SO III.F: "If the court deems a matter appropriate for decision without oral argument, the court will take the matter under submission and notify the parties before the hearing. The parties' lead counsel are encouraged to permit junior or less experienced litigators to participate in court proceedings, including to argue motions and to examine witnesses at trial. The court is more likely to hear oral argument if a party notes in its moving or opposing papers, in bold and underlined font, that a litigator who graduated from law school within the last five (5) years, or otherwise has had minimal oral advocacy experience, will conduct the argument." [Judge Aenlle-Rocha Standing Order]

Remote Appearances

SO V.E: "The court requires in-person attendance for all hearings and trials, unless otherwise instructed by the court. The court may permit appearances by telephone or video conference for status conferences upon a showing that a personal appearance will cause undue hardship. If you wish to appear by telephone or video conference, you must: 1. email the Courtroom Deputy Clerk and copy opposing counsel at least three (3) court days in advance... and provide a detailed statement of undue hardship; 2. use a landline... or a hardline internet connection to connect to the Zoom link; and 3. be available and ready to call in for at least fifteen (15) minutes before the scheduled hearing." [Judge Aenlle-Rocha Standing Order]

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Background Rules

Chambers Contact

SO I: "Counsel must not attempt to contact the court or chambers staff by email, telephone, or ex parte means. For appropriate matters only, counsel may contact the Courtroom Deputy Clerk via chambers email address at twyla_freeman@cacd.uscourts.gov, or by telephone at (213) 894-5686. Counsel must not contact the Courtroom Deputy Clerk regarding the status of any matter before the court." JPS IV.A: Parties should not contact CRD to (1) request status of pending stipulation/motion, (2) determine whether calendared hearing will proceed, or (3) inquire on CM/ECF filing. [Judge Aenlle-Rocha Standing Order]

Discovery Referral

SO II.A: "All discovery matters are hereby referred to the assigned Magistrate Judge, who will hear all discovery disputes." JPS: "All discovery motions and stipulations, including those relating to protective orders, are to be calendared before the Magistrate Judge whose initials appear in parentheses after the case number." [Judge Aenlle-Rocha Standing Order]

Discovery Motion Process

SO II.A: "All discovery matters are hereby referred to the assigned Magistrate Judge, who will hear all discovery disputes... All discovery-related documents must include the words 'DISCOVERY MATTER' in the caption to ensure proper routing. Counsel are directed to contact the Magistrate Judge's Courtroom Deputy Clerk to schedule matters for hearing and must follow the Magistrate Judge's procedures." Review motion must be filed within fourteen (14) days of service of a written ruling (or 14 days of oral ruling not followed by written). [Judge Aenlle-Rocha Standing Order]

Ex Parte Applications

SO V.F: "The court considers ex parte applications on the papers and does not usually set these matters for hearing... Ex parte applications are solely for extraordinary relief... Sanctions may be imposed for misuse of ex parte applications. See Mission Power Eng'g Co. v. Cont'l Cas. Co., 883 F. Supp. 488 (C.D. Cal. 1995). Ex parte applications that fail to conform to Local Rules 7-19 and 7-19.1, including a statement of opposing counsel's position, will not be considered except upon a specific showing of good cause... the moving party shall notify the opposing party that any opposition must be filed no later than twenty-four (24) hours following service." [Judge Aenlle-Rocha Standing Order]

Settlement Notification

JPS IV.B: "Counsel shall notify the Courtroom Deputy Clerk as soon as a settlement of the action has been reached. The court may assess jury fees against each side under Local Rule 40-3 if the notification of settlement occurs after 4:00 p.m. on the last business day prior to trial, absent a showing of good cause." [Judge Aenlle-Rocha Standing Order]

Lead Counsel

Scheduling Order III: "If the court elects to conduct a scheduling conference, lead trial counsel must attend unless excused by the court for good cause before the conference." SO F (Oral Argument): "The parties' lead counsel are encouraged to permit junior or less experienced litigators to participate in court proceedings, including to argue motions and to examine witnesses at trial. The court is more likely to hear oral argument if a party notes in its moving or opposing papers, in bold and underlined font, that a litigator who graduated from law school within the last five (5) years, or otherwise has had minimal oral advocacy experience, will conduct the argument." [Judge Aenlle-Rocha Standing Order]

Under Seal Filings

SO V.D: "Local Rule 79-5 governs applications to file documents under seal... There is a strong presumption of access in civil actions. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). For each document... a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification that establishes 'good cause' or 'compelling reasons'. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1179-80 (9th Cir. 2006)... Sealing must be justified for each individual item: blanket claims of confidentiality will result in the application to seal being denied. The parties also must meet and confer before filing an application to seal." [Judge Aenlle-Rocha Standing Order]

Continuances & Calendar Conflicts

SO V.H: "The court has a strong interest in keeping scheduled dates certain... Trial dates set by the court are firm and will not readily be changed... a request to continue or extend the date of any matter before this court must be supported by a sufficient factual basis... Counsel shall avoid submitting requests for continuance or extension of time less than five (5) business days prior to the expiration of the scheduled date. A request to continue or extend dates or deadlines that have already expired constitutes a presumptive lack of due diligence." SO I.D: Calendar conflict with more senior judge — notify CRD via chambers email not later than three (3) business days before appearance. [Judge Aenlle-Rocha Standing Order]

Sources & Currency

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