Procedures verified May 27, 2026
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
warning
Key Traps — Where Counsel Gets Caught
- 1. DO NOT send any chambers copies — they will be discarded
- 2. Ex parte: 48 hours to oppose (NOT 24 hours like most other CACD judges) — notify other party of 48-hour deadline
- 3. Must copy all parties on any email to CRD — no one-sided chamber communications
- 4. Rule 56: 5-week minimum notice (not standard 4-week); specific cross-motion briefing structure required
- 5. Complaints must list all causes of action in numbered list on face-page (amended complaints must include this)
- 6. L.R. 7-3 meet-and-confer compliance statement must be prominent — Court will not search filing for it
Quick Reference
| Topic | Rule |
|---|---|
| Motion Days | Fridays at 10:00 a.m. (criminal: Fridays at 1:30 p.m.) |
| Motion Limit | 25 pages |
| Reply Limit | 15 pages |
| Chambers Copies | ✗ Not required CHAMBERS/COURTESY COPIES NOT REQUIRED. Court no longer uses them — they will be discarded. Only exception: if Court issues specific order... |
| Tentative Rulings | Not specified. |
| Remote Appearances | Civil matters: counsel are equally welcome to appear in person or via Zoom video for any hearings as they prefer. No notice or request needed. If video not possible, Zoom telephonic permitted. Judge Birotte's Zoom link is on his webpage. All criminal matters are in person. |
| Discovery | Yes — 'All discovery matters are referred to the United States Magistrate Judge assigned to this case.' All documents relating to discovery must include 'DISCOVERY MATTER' in caption. Magistrate's decision final subject to clearly erroneous review; motion for review must comply with L.R. 72-2.1. |
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Before You File
Motion Days & Times
Fridays at 10:00 a.m. (criminal: Fridays at 1:30 p.m.)
Notice Period
Local Rules 7-9 and 7-10 govern standard motions. Rule 56 motions filed at least 5 weeks before hearing.
Motion Page / Word Limit
25 pages
Opposition Limit
25 pages
Reply Limit
15 pages
Font & Formatting
Times New Roman 14-point minimum; Courier 12-point minimum. Follows Local Rule 11-3.1.1.
Footnote Policy
Must be in same font and same size as body of memorandum. Citations must be in body — not in footnotes.
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At Filing
Chambers Copies
✗ Not required
CHAMBERS/COURTESY COPIES NOT REQUIRED. Court no longer uses them — they will be discarded. Only exception: if Court issues specific order requesting copies. Lodged items placed in Judge Birotte's box outside Clerk's Office, 4th floor, First Street Courthouse.
ECF Stamp Requirements
Not specified.
Proposed Orders
Microsoft Word file of all proposed orders must be emailed to AB_chambers@cacd.uscourts.gov. PDF not acceptable. If based on stipulation or ex parte application, email both order and stipulation/application. Must be on pleading paper; must not include attorney information on caption page; must not contain footer, watermark, or text after judge's signature lines.
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Before the Hearing
Tentative Rulings
Not specified.
Prohibition / Ex Parte Contact Re Tentatives
Not specified.
Oral Argument
Court will notify parties in advance if matter taken without argument. Court more likely to hear argument if junior counsel filing notice at least 7 days before hearing.
Remote Appearances
Civil matters: counsel are equally welcome to appear in person or via Zoom video for any hearings as they prefer. No notice or request needed. If video not possible, Zoom telephonic permitted. Judge Birotte's Zoom link is on his webpage. All criminal matters are in person.
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Background Rules
Chambers Contact
Counsel must not contact Court or chambers staff by email, telephone, or other ex parte means. May contact CRD for appropriate matters via email at AB_chambers@cacd.uscourts.gov or by telephone at (213)-894-2833. Must copy all parties on any email to CRD. Must not contact CRD regarding status of any matter. Inquiries about status not responded to unless matter pending more than 90 days.
Discovery Referral
Yes — 'All discovery matters are referred to the United States Magistrate Judge assigned to this case.' All documents relating to discovery must include 'DISCOVERY MATTER' in caption. Magistrate's decision final subject to clearly erroneous review; motion for review must comply with L.R. 72-2.1.
Discovery Motion Process
Referred to assigned Magistrate Judge.
Ex Parte Applications
48 hours (2 court days) to oppose. Moving party must notify nonmoving party that opposing papers are due 48 hours after service. Both email and ex parte application must advise whether opposing counsel intends to oppose. PDF of application AND Word file of proposed order must be emailed to AB_chambers@cacd.uscourts.gov. No reply papers without Court order.
Settlement Notification
Counsel must notify Court at least 2 weeks before scheduled hearing if parties conducting settlement discussions that may render motion moot. Must notify immediately if settlement reached.
Lead Counsel
Lead counsel required to appear for scheduling conferences and Final Pretrial Conference.
Under Seal Filings
Local Rule 79-5 governs. Must minimize requests to file under seal. Strong presumption of access. Justify sealing for each individual item — blanket claims denied. Meet and confer required before filing sealing application. Protective orders alone do not authorize under seal filing. Documents not confidential in entirety must not be filed under seal in entirety if redaction feasible.
Continuances & Calendar Conflicts
Stipulations must be supported by good cause with declaration explaining grounds. Must state whether prior continuances made and whether granted or denied. Must include Proposed Order. Stipulations not effective unless Court orders.
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AI & Style Preferences
Additional Notes
Civil appearances equally in-person or Zoom — no notice required for either option. This is unusual among CACD judges. Reply page limit is 15 pages (higher than many peers). CRD: Evelyn Chun, AB_Chambers@cacd.uscourts.gov, (213)-894-2833. Standing order revised March 15, 2024. Friday after any Monday holiday is closed to hearings.
Sources & Currency
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Procedures verified May 27, 2026.
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