Judge Andre Birotte Jr. -- United States District Court, Central District of California

Courtroom 7B, 7th Floor, Felicitas and Gonzalo Mendez U.S. Courthouse, Los Angeles

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Key Traps — Where Counsel Gets Caught

1. Chambers copies PROHIBITED — DO NOT deliver any; they will be discarded (departs from CACD default)
2. Civil motions heard Fridays 10:00 a.m.; Friday after any Monday holiday is CLOSED — check webpage for closed dates or motion may be stricken/reset
3. MSJ requires extended 5-week briefing: motion 5 weeks before hearing, opp 2 weeks after motion, reply 1 week after opp; at least 2 weeks between reply and hearing
4. Citations must appear in body of memorandum, NOT in footnotes; footnotes used sparingly in same font/size as body
5. Proposed Order must be emailed as Microsoft Word to AB_chambers@cacd.uscourts.gov — PDF not acceptable; no attorney info on caption, no footer/watermark
6. Lead counsel MUST personally appear at scheduling conferences and Final Pretrial Conference — no delegation
7. Ex parte opposition due within 48 hours (2 court days) after service; NO reply papers absent leave of court
8. Calendar conflicts: notify CRD and opposing counsel at least 3 days before scheduled appearance and propose new date by stipulation
9. All discovery filings must include the words 'DISCOVERY MATTER' in the caption to route to the assigned magistrate judge

Quick Reference

Topic	Rule
Motion Days	12. Motions - General Requirements. a. Time for Filing and Hearing Motions: Motions must be filed in accordance with Local Rules 6 and 7. Judge Birotte hears civil motions on Fridays beginning at 10:00 a.m. The Friday after any Monday holiday is closed to hearings. Closed motion dates are shown on Judge Birotte's webpage. The parties must adhere to the briefing schedule set forth in Local Rules 7-9 and 7-10, and the schedule herein for motions under Fed. R. Civ. P. 56, so that Chambers has sufficient time to prepare. If a motion is noticed for a date that is not available, the Court may strike or reset the motion. Professional courtesy dictates that the parties should accommodate each other's schedules, including vacation and holiday schedules, whenever possible. [Judge Birotte Standing Order]
Motion Limit	12. Motions – General Requirements. c. Length and Format of Motion Papers: Memoranda of points and authorities in support of or in opposition to motions must not exceed 25 pages. Replies must not exceed 15 pages. Only for good cause will the Court grant an application to extend these page limits. [Judge Birotte Standing Order]
Reply Limit	12. Motions – General Requirements. c. Length and Format of Motion Papers: Replies must not exceed 15 pages. Only for good cause will the Court grant an application to extend these page limits. [Judge Birotte Standing Order]
Chambers Copies	Conditional 16. Chambers/Courtesy Copies NOT REQUIRED. Please DO NOT provide chambers/courtesy copies. The Court no longer uses them. They will be... [Judge Birotte Standing Order]
Remote Appearances	4. Appearances In Person or Via Zoom. Counsel are equally welcome to appear in person or via Zoom video for any hearings, as they prefer. There is no need to give the Court notice or to make a request for either kind of appearance; please do not do so. If a video appearance is not possible, Zoom Telephonic appearances are permitted. Judge Birotte's Zoom link and phone-in information are on his webpage. [Judge Birotte Standing Order]
Discovery	11. Discovery. All discovery matters are referred to the United States Magistrate Judge assigned to this case. The Magistrate Judge's initials follow the District Court Judge's initials next to the case number. All documents relating to discovery matters must include the words "DISCOVERY MATTER" in the caption to ensure proper routing. [Judge Birotte Standing Order]

Procedural Briefing by Motion Type

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Before You File

Motion Days & Times

Notice Period

12. Motions - General Requirements. a. Time for Filing and Hearing Motions: Motions must be filed in accordance with Local Rules 6 and 7. Judge Birotte hears civil motions on Fridays beginning at 10:00 a.m. The Friday after any Monday holiday is closed to hearings. Closed motion dates are shown on Judge Birotte's webpage. The parties must adhere to the briefing schedule set forth in Local Rules 7-9 and 7-10, and the schedule herein for motions under Fed. R. Civ. P. 56, so that Chambers has sufficient time to prepare. If a motion is noticed for a date that is not available, the Court may strike or reset the motion. Professional courtesy dictates that the parties should accommodate each other's schedules, including vacation and holiday schedules, whenever possible. 13. Specific Motion Requirements. d. Summary Judgment / Rule 56 Motions. This Court requires an extended briefing schedule for motions under Fed. R. Civ. P. 56, as follows: - Any Motion Under Fed. R. Civ. P. 56: must be filed at least 5 weeks before the noticed hearing date. - Opposition: must be filed 3 weeks before hearing date (2 weeks after the motion is filed). - Reply: must be filed 2 weeks before hearing date (1 week after the opposition is filed). The above briefing schedule is the default minimum. The parties may stipulate to an extended schedule. Any briefing schedule must provide at least two weeks between the reply deadline and the hearing date. [Judge Birotte Standing Order]

Motion Page / Word Limit

12. Motions – General Requirements. c. Length and Format of Motion Papers: Memoranda of points and authorities in support of or in opposition to motions must not exceed 25 pages. Replies must not exceed 15 pages. Only for good cause will the Court grant an application to extend these page limits. [Judge Birotte Standing Order]

Opposition Limit

12. Motions – General Requirements. c. Length and Format of Motion Papers: Memoranda of points and authorities in support of or in opposition to motions must not exceed 25 pages. [Judge Birotte Standing Order]

Reply Limit

12. Motions – General Requirements. c. Length and Format of Motion Papers: Replies must not exceed 15 pages. Only for good cause will the Court grant an application to extend these page limits. [Judge Birotte Standing Order]

Font & Formatting

12. Motions – General Requirements. c. Length and Format of Motion Papers: Typeface must comply with Local Rule 11-3.1.1. Times New Roman font must be at least 14 point; Courier font must be at least 12 point. [Judge Birotte Standing Order]

Footnote Policy

12. Motions – General Requirements. c. Length and Format of Motion Papers: Footnotes must be used sparingly and must be in the same font and the same size as the body of the memorandum. Citations must be in the body of a memorandum, not in the footnotes. [Judge Birotte Standing Order]

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At Filing

Chambers Copies

Conditional 16. Chambers/Courtesy Copies NOT REQUIRED. Please DO NOT provide chambers/courtesy copies. The Court no longer uses them. They will be discarded. In the rare instance in which the Court would like chambers copies for a particular situation, the Court will issue an order requesting them. In the absence of such an order DO NOT provide chambers copies of anything. Lodged items should be placed in Judge Birotte's box outside of the Clerk's Office on the 4th Floor of the First Street Courthouse. [Judge Birotte Standing Order]

Proposed Orders

8. Proposed Orders. A party seeking any court order on any matter must include with their filing a Proposed Order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. See Local Rules 7-20, 52-4.1. A Proposed Order template is available on Judge Birotte's webpage. Proposed Orders should substantially comply with the template's format. Proposed Orders must be on pleading paper and must not include attorney information on the caption page, a footer, a watermark, or any text after the lines for the Judge's signature on the last page. a. Emailing MS Word File of Proposed Orders to Chambers: A Microsoft Word file of all proposed orders must be emailed to chambers at AB_chambers@cacd.uscourts.gov. See Local Rule 5-4.4.2. A pdf file is not acceptable. If the proposed order is based on a stipulation or an ex parte application, counsel must email both the order and the stipulation or ex parte application. Otherwise, accompanying documents (such as motions) should not be emailed to chambers. [Judge Birotte Standing Order]

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Before the Hearing

Oral Argument

12. Motions – General Requirements. h. Oral Argument: Pursuant to Fed. R. Civ. P. 78 and Local Rule 7-15, the Court may deem a matter appropriate for decision without oral argument and vacate the hearing. If the Court does so, it will notify the parties in advance. [Judge Birotte Standing Order]

Remote Appearances

4. Appearances In Person or Via Zoom. Counsel are equally welcome to appear in person or via Zoom video for any hearings, as they prefer. There is no need to give the Court notice or to make a request for either kind of appearance; please do not do so. If a video appearance is not possible, Zoom Telephonic appearances are permitted. Judge Birotte's Zoom link and phone-in information are on his webpage. [Judge Birotte Standing Order]

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Background Rules

Chambers Contact

22. Communications with Chambers. Counsel must not attempt to contact the Court or Chambers staff by email, telephone, or by any other ex parte means. Counsel may, for appropriate matters only, contact the CRD via Chambers email at AB_chambers@cacd.uscourts.gov or by telephone at (213)-894-2833. Counsel must not contact the CRD regarding the status of any matter before the Court. Counsel must include on all papers their email address, telephone number, and fax number to facilitate communication with the CRD. [Judge Birotte Standing Order]

Discovery Referral

11. Discovery. All discovery matters are referred to the United States Magistrate Judge assigned to this case. The Magistrate Judge's initials follow the District Court Judge's initials next to the case number. All documents relating to discovery matters must include the words "DISCOVERY MATTER" in the caption to ensure proper routing. [Judge Birotte Standing Order]

Discovery Motion Process

11. Discovery. Counsel must follow the Magistrate Judge's procedures for scheduling matters for hearing. These procedures are stated on each Magistrate Judge's webpage. The Magistrate Judge's decision is final, subject to modification by the District Court Judge only where the Magistrate Judge's order is clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A). Any motion for review of a Magistrate Judge's decision must comply with Local Rule 72-2.1. [Judge Birotte Standing Order]

Ex Parte Applications

17. Ex Parte Applications. Ex parte applications are solely for extraordinary relief. See Mission Power Engineering Co. v. Continental Casualty Co. 883 F. Supp. 488 (C.D. Cal. 1995). Sanctions may be imposed for misuse of ex parte applications. Applications that do not conform with Local Rules 7-19 and 7-19.1, such as by omitting a statement of opposing counsel's position, will not be considered. Service must be made in compliance with Local Rule 5-3, and the moving party must also serve the nonmoving party by email, fax, or personal service. Any opposition must be filed within 48 hours (2 court days) after service. The moving party must notify the nonmoving party that opposing papers are due 48 hours (2 court days) after service. If the nonmoving party does not intend to oppose the ex parte application, counsel must inform the CRD by telephone. The Court usually resolves ex parte applications on the papers and does not set a hearing. If the Court determines a hearing is necessary, the CRD will notify counsel of a hearing date and time. Absent leave of Court, the Court will not consider reply papers in support of an ex parte application. Do not call the CRD for status of an ex parte application. [Judge Birotte Standing Order]

Settlement Notification

Silent on settlement notification. [Judge Birotte Procedures Page]

Lead Counsel

5. Lead Counsel Appearance Required. The Court requires lead counsel to appear for scheduling conferences and the Final Pretrial Conference. [Judge Birotte Standing Order]

Under Seal Filings

15. Filings Under Seal. Local Rule 79-5 governs applications to file under seal. Parties must comply with all sections of Local Rule 79-5. The parties must also meet and confer before filing an application to seal. Parties must make every effort to limit the number and volume of under seal filings. There is a strong presumption of access in civil cases. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). For each document or other type of information 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" for the matter should be protected. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1179-80 (9th Cir. 2006). Documents that are not confidential or privileged in their entirety must not be filed under seal in their entirety if the confidential portions can be redacted with a reasonable amount of effort. The parties must file a complete version of such documents under seal, and a redacted version for public viewing, redacting only the portions that the Court has ordered may be filed under seal. Sealing must be justified for each individual item; an application making blanket claims of confidentiality will be denied. Counsel is strongly encouraged to consider carefully whether sealing or redaction is required for a given piece of evidence or argument. The parties must minimize the materials they seek to file under seal. An application to seal that includes clearly meritless requests to seal or redact documents may be denied in its entirety. The Court will not expend its limited resources on overbroad requests to seal. [Judge Birotte Standing Order]

Continuances & Calendar Conflicts

10. Calendar Conflicts. If any counsel discovers a calendar conflict with a scheduled appearance, counsel must inform opposing counsel and the Courtroom Deputy Clerk ("CRD") via Chambers email at AB_chambers@cacd.uscourts.gov as soon as possible and not later than three days before the scheduled appearance. Counsel must attempt to agree on a new date to accommodate the calendar conflict and should propose a new date by Stipulation and Proposed Order. [Judge Birotte Standing Order]

Sources & Currency

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